An Act to Join the Dentist and Dental Hygienist Compact
Maine Legislature, Session 131, LD 2137
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MORRIS

Legislative Document
No. 2137
H.P. 1361
House of Representatives, January 3, 2024
An Act to Join the Dentist and Dental Hygienist Compact
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
This bill proposes to enact the Dentist and Dental Hygienist Compact to facilitate the 
interstate practice of dentistry and dental hygiene by improving public access to dentistry 
and dental hygiene services provided by dentists and dental hygienists practicing in states 
in which they are not licensed. The compact preserves the regulatory authority of a state to 
protect public health and safety through that state's current system of state licensure and 
promote mobility and address workforce shortages by eliminating the necessity for licenses 
in multiple states by providing for the mutual recognition of other member state licenses.  
The verbatim text of the Dentist and Dental Hygienist Compact, which has not been 
edited to make necessary, nonsubstantive changes to conform to Maine legislative drafting 
standards, reads as follows.
DENTIST AND DENTAL HYGIENIST COMPACT
SECTION 1. TITLE AND PURPOSE
This statute shall be known and cited as the Dentist and Dental Hygienist Compact. The 
purposes of this Compact are to facilitate the interstate practice of dentistry and dental 
hygiene and improve public access to dentistry and dental hygiene services by providing 
Dentists and Dental Hygienists licensed in a Participating State the ability to practice in 
Participating States in which they are not licensed. The Compact does this by establishing 
a pathway for a Dentists and Dental Hygienists licensed in a Participating State to obtain a 
Compact Privilege that authorizes them to practice in another Participating State in which 
they are not licensed. The Compact enables Participating States to protect the public health 
and safety with respect to the practice of such Dentists and Dental Hygienists, through the 
State's authority to regulate the practice of dentistry and dental hygiene in the State. The 
Compact: 
A.  Enables Dentists and Dental Hygienists who qualify for a Compact Privilege to 
practice in other Participating States without satisfying burdensome and 
duplicative requirements associated with securing a License to practice in those 
States;
B.   Promotes mobility and addresses workforce shortages through each Participating 
State's acceptance of a Compact Privilege to practice in that State;
C.  Increases public access to qualified, licensed Dentists and Dental Hygienists by 
creating a responsible, streamlined pathway for Licensees to practice in 
Participating States.
D.   Enhances the ability of Participating States to protect the public's health and safety;
E.   Does not interfere with licensure requirements established by a Participating State;
F.   Facilitates the sharing of licensure and disciplinary information among 
Participating States;
G.  Requires Dentists and Dental Hygienists who practice in a Participating State 
pursuant to a Compact Privilege to practice within the Scope of Practice authorized 
in that State;
H.  Extends the authority of a Participating State to regulate the practice of dentistry 
and dental hygiene within its borders to Dentists and Dental Hygienists who 
practice in the State through a Compact Privilege;
I.    Promotes the cooperation of Participating State in regulating the practice of 
dentistry and dental hygiene within those States;
J.    Facilitates the relocation of military members and their spouses who are licensed 
to practice dentistry or dental hygiene;
SECTION 2. DEFINITIONS
As used in this Compact, unless the context requires otherwise, the following definitions 
shall apply:
A.  "Active Military Member" means any person with full-time duty status in the 
armed forces of the United States, including members of the National Guard and 
Reserve.
B.  "Adverse Action" means disciplinary action or encumbrance imposed on a 
License or Compact Privilege by a State Licensing Authority.
C.  "Alternative Program" means a non-disciplinary monitoring or practice 
remediation process applicable to a Dentist or Dental Hygienist approved by a 
State Licensing Authority of a Participating State in which the Dentist or Dental 
Hygienist is licensed. This includes, but is not limited to, programs to which 
Licensees with substance abuse or addiction issues are referred in lieu of Adverse 
Action.
D.  "Clinical Assessment" means examination or process, required for licensure as a 
Dentist or Dental Hygienist as applicable, that provides evidence of clinical 
competence in dentistry or dental hygiene.
E.  "Commissioner" means the individual appointed by a Participating State to serve 
as the member of the Commission for that Participating State.
F.  "Compact" means this Dentist and Dental Hygienist Compact.
G.  "Compact Privilege" means the authorization granted by a Remote State to allow 
a Licensee from a Participating State to practice as a Dentist or Dental Hygienist 
in a Remote State.
H.  "Continuing Professional Development" means a requirement, as a condition of 
License renewal to provide evidence of successful participation in educational or 
professional activities relevant to practice or area of work.
I.   "Criminal Background Check" means the submission of fingerprints or other 
biometric-based information for a License applicant for the purpose of obtaining 
that applicant's criminal history record information, as defined in 28 C.F.R. § 
20.3(d) from the Federal Bureau of Investigation and the State's criminal history 
record repository as defined in 28 C.F.R. § 20.3(f).
J.  "Data System" means the Commission's repository of information about 
Licensees, including but not limited to examination, licensure, investigative, 
Compact Privilege, Adverse Action, and Alternative Program.
K.  "Dental Hygienist" means an individual who is licensed by a State Licensing 
Authority to practice dental hygiene.
L.  "Dentist" means an individual who is licensed by a State Licensing Authority to 
practice dentistry.
M.  "Dentist and Dental Hygienist Compact Commission" or "Commission" 
means a joint government agency established by this Compact comprised of each 
State that has enacted the Compact and a national administrative body comprised 
of a Commissioner from each State that has enacted the Compact.
N.  "Encumbered License" means a License that a State Licensing Authority has 
limited in any way other than through an Alternative Program.
O.  "Executive Board" means the Chair, Vice Chair, Secretary and Treasurer and any 
other Commissioners as may be determined by Commission Rule or bylaw.
P.  "Jurisprudence Requirement" means the assessment of an individual's 
knowledge of the laws and Rules governing the practice of dentistry or dental 
hygiene, as applicable, in a State.
Q.  "License" means current authorization by a State, other than authorization 
pursuant to a Compact Privilege, or other privilege, for an individual to practice as 
a Dentist or Dental Hygienist in that State.
R.  "Licensee" means an individual who holds an unrestricted License from a 
Participating State to practice as a Dentist or Dental Hygienist in that State.
S.  "Model Compact" the model for the Dentist and Dental Hygienist Compact on file 
with the Council of State Governments or other entity as designated by the 
Commission.
T.  "Participating State" means a State that has enacted the Compact and been 
admitted to the Commission in accordance with the provisions herein and 
Commission Rules.
U.  "Qualifying License" means a License that is not an Encumbered License issued 
by a Participating State to practice dentistry or dental hygiene.
V.  "Remote State" means a Participating State where a Licensee who is not licensed 
as a Dentist or Dental Hygienist is exercising or seeking to exercise the Compact 
Privilege.
W.  "Rule" means a regulation promulgated by an entity that has the force of law.
X.   "Scope of Practice" means the procedures, actions, and processes a Dentist or 
Dental Hygienist licensed in a State is permitted to undertake in that State and the 
circumstances under which the Licensee is permitted to undertake those 
procedures, actions and processes. Such procedures, actions and processes and the 
circumstances under which they may be undertaken may be established through 
means, including, but not limited to, statute, regulations, case law, and other 
processes available to the State Licensing Authority or other government agency.
Y.  "Significant Investigative Information" means information, records, and 
documents received or generated by a State Licensing Authority pursuant to an 
investigation for which a determination has been made that there is probable cause 
to believe that the Licensee has violated a statute or regulation that is considered 
more than a minor infraction for which the State Licensing Authority could pursue 
Adverse Action against the Licensee.
Z.  "State" means any state, commonwealth, district, or territory of the United States 
of America that regulates the practices of dentistry and dental hygiene.
AA. "State Licensing Authority" means an agency or other entity of a State that is 
responsible for the licensing and regulation of Dentists or Dental Hygienists.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A.  In order to join the Compact and thereafter continue as a Participating State, a State 
must:
1.  Enact a compact that is not materially different from the Model Compact as 
determined in accordance with Commission Rules;
2.  Participate fully in the Commission's Data System;
3.  Have a mechanism in place for receiving and investigating complaints about its 
Licensees and License applicants;
4.  Notify the Commission, in compliance with the terms of the Compact and 
Commission Rules, of any Adverse Action or the availability of Significant 
Investigative Information regarding a Licensee and License applicant;
5.  Fully implement a Criminal Background Check requirement, within a time frame 
established by Commission Rule, by receiving the results of a qualifying Criminal 
Background Check;
6.  Comply with the Commission Rules applicable to a Participating State;
7.  Accept the National Board Examinations of the Joint Commission on National 
Dental Examinations or another examination accepted by Commission Rule as a 
licensure examination;
8.  Accept for licensure that applicants for a Dentist License graduate from a 
predoctoral dental education program accredited by the Commission on Dental 
Accreditation, or another accrediting agency recognized by the United States 
Department of Education for the accreditation of dentistry and dental hygiene 
education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of 
Dental Medicine (D.M.D.) degree;
9.  Accept for licensure that applicants for a Dental Hygienist License graduate from a 
dental hygiene education program accredited by the Commission on Dental 
Accreditation or another accrediting agency recognized by the United States 
Department of Education for the accreditation of dentistry and dental hygiene 
education programs;
10. Require for licensure that applicants successfully complete a Clinical Assessment;
11. Have Continuing Professional Development requirements as a condition for 
License renewal; and
12. Pay a participation fee to the Commission as established by Commission Rule.
B.  Providing alternative pathways for an individual to obtain an unrestricted License does 
not disqualify a State from participating in the Compact.
C.  When conducting a Criminal Background Check the State Licensing Authority shall:
1.  Consider that information in making a licensure decision;
2.  Maintain documentation of completion of the Criminal Background Check and 
background check information to the extent allowed by State and federal law; and
3.  Report to the Commission whether it has completed the Criminal Background 
Check and whether the individual was granted or denied a License.
D.  A Licensee of a Participating State who has a Qualifying License in that State and does 
not hold an Encumbered License in any other Participating State, shall be issued a 
Compact Privilege in a Remote State in accordance with the terms of the Compact and 
Commission Rules. If a Remote State has a Jurisprudence Requirement a Compact 
Privilege will not be issued to the Licensee unless the Licensee has satisfied the 
Jurisprudence Requirement.
SECTION 4. COMPACT PRIVILEGE
A.  To obtain and exercise the Compact Privilege under the terms and provisions of the 
Compact, the Licensee shall:
1.  Have a Qualifying License as a Dentist or Dental Hygienist in a Participating State;
2.  Be eligible for a Compact Privilege in any Remote State in accordance with D, G 
and H of this section;
3.  Submit to an application process whenever the Licensee is seeking a Compact 
Privilege;
4.  Pay any applicable Commission and Remote State fees for a Compact Privilege in 
the Remote State;
5.  Meet any Jurisprudence Requirement established by a Remote State in which the 
Licensee is seeking a Compact Privilege;
6.  Have passed a National Board Examination of the Joint Commission on National 
Dental Examinations or another examination accepted by Commission Rule;
7.  For a Dentist, have graduated from a predoctoral dental education program 
accredited by the Commission on Dental Accreditation, or another accrediting 
agency recognized by the United States Department of Education for the 
accreditation of dentistry and dental hygiene education programs, leading to the 
Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
8.  For a Dental Hygienist, have graduated from a dental hygiene education program 
accredited by the Commission on Dental Accreditation or another accrediting 
agency recognized by the United States Department of Education for the 
accreditation of dentistry and dental hygiene education programs;
9.  Have successfully completed a Clinical Assessment for licensure;
10. Report to the Commission Adverse Action taken by any non-Participating State 
when applying for a Compact Privilege and, otherwise, within thirty (30) days from 
the date the Adverse Action is taken;
11. Report to the Commission when applying for a Compact Privilege the address of 
the Licensee's primary residence and thereafter immediately report to the 
Commission any change in the address of the Licensee's primary residence; and
12. Consent to accept service of process by mail at the Licensee's primary residence on 
record with the Commission with respect to any action brought against the Licensee 
by the Commission or a Participating State, and consent to accept service of a 
subpoena by mail at the Licensee's primary residence on record with the 
Commission with respect to any action brought or investigation conducted by the 
Commission or a Participating State.
B.  The Licensee must comply with the requirements of subsection A of this section to 
maintain the Compact Privilege in the Remote State. If those requirements are met, the 
Compact Privilege will continue as long as the Licensee maintains a Qualifying 
License in the State through which the Licensee applied for the Compact Privilege and 
pays any applicable Compact Privilege renewal fees.
C.  A Licensee providing dentistry or dental hygiene in a Remote State under the Compact 
Privilege shall function within the Scope of Practice authorized by the Remote State 
for a Dentist or Dental Hygienist licensed in that State.
D.  A Licensee providing dentistry or dental hygiene pursuant to a Compact Privilege in a 
Remote State is subject to that State's regulatory authority. A Remote State may, in 
accordance with due process and that State's laws, by Adverse Action revoke or remove 
a Licensee's Compact Privilege in the Remote State for a specific period of time and 
impose fines or take any other necessary actions to protect the health and safety of its 
citizens. If a Remote State imposes an Adverse Action against a Compact Privilege that 
limits the Compact Privilege, that Adverse Action applies to all Compact Privileges in 
all Remote States. A Licensee whose Compact Privilege in a Remote State is removed 
for a specified period of time is not eligible for a Compact Privilege in any other 
Remote State until the specific time for removal of the Compact Privilege has passed 
and all encumbrance requirements are satisfied.
E.  If a License in a Participating State is an Encumbered License, the Licensee shall lose 
the Compact Privilege in a Remote State and shall not be eligible for a Compact 
Privilege in any Remote State until the License is no longer encumbered.
F.  Once an Encumbered License in a Participating State is restored to good standing, the 
Licensee must meet the requirements of subsection A of this section to obtain a 
Compact Privilege in a Remote State.
G.  If a Licensee's Compact Privilege in a Remote State is removed by the Remote State, 
the individual shall lose or be ineligible for the Compact Privilege in any Remote State 
until the following occur:
1.  The specific period of time for which the Compact Privilege was removed has 
ended; and
2.  All conditions for removal of the Compact Privilege have been satisfied.
H.  Once the requirements of subsection G of this section have been met, the Licensee must 
meet the requirements in subsection A of this section to obtain a Compact Privilege in 
a Remote State.
SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
An Active Military Member and their spouse shall not be required to pay to the 
Commission for a Compact Privilege the fee otherwise charged by the Commission. If a 
Remote State chooses to charge a fee for a Compact Privilege, it may choose to charge a 
reduced fee or no fee to an Active Military Member and their spouse for a Compact 
Privilege.
SECTION 6. ADVERSE ACTIONS
A.  A Participating State in which a Licensee is licensed shall have exclusive authority to 
impose Adverse Action against the Qualifying License issued by that Participating 
State.
B.  A Participating State may take Adverse Action based on the Significant Investigative 
Information of a Remote State, so long as the Participating State follows its own 
procedures for imposing Adverse Action.
C.  Nothing in this Compact shall override a Participating State's decision that participation 
in an Alternative Program may be used in lieu of Adverse Action and that such 
participation shall remain non-public if required by the Participating State's laws. 
Participating States must require Licensees who enter any Alternative Program in lieu 
of discipline to agree not to practice pursuant to a Compact Privilege in any other 
Participating State during the term of the Alternative Program without prior 
authorization from such other Participating State.
D.  Any Participating State in which a Licensee is applying to practice or is practicing 
pursuant to a Compact Privilege may investigate actual or alleged violations of the 
statutes and regulations authorizing the practice of dentistry or dental hygiene in any 
other Participating State in which the Dentist or Dental Hygienist holds a License or 
Compact Privilege.
E.  A Remote State shall have the authority to:
1.  Take Adverse Actions as set forth in Section 4.D against a Licensee's Compact 
Privilege in the State;
2.  In furtherance of its rights and responsibilities under the Compact and the 
Commission's Rules issue subpoenas for both hearings and investigations that 
require the attendance and testimony of witnesses, and the production of evidence. 
Subpoenas issued by a State Licensing Authority in a Participating State for the 
attendance and testimony of witnesses, or the production of evidence from another 
Participating State, shall be enforced in the latter State by any court of competent 
jurisdiction, according to the practice and procedure of that court applicable to 
subpoenas issued in proceedings pending before it. The issuing authority shall pay 
any witness fees, travel expenses, mileage, and other fees required by the service 
statutes of the State where the witnesses or evidence are located; and
3.  If otherwise permitted by State law, recover from the Licensee the costs of 
investigations and disposition of cases resulting from any Adverse Action taken 
against that Licensee.
F.  Joint Investigations
1.  In addition to the authority granted to a Participating State by its Dentist or Dental 
Hygienist licensure act or other applicable State law, a Participating State may 
jointly investigate Licensees with other Participating States.
2.  Participating States shall share any Significant Investigative Information, litigation, 
or compliance materials in furtherance of any joint or individual investigation 
initiated under the Compact.
G.  Authority to Continue Investigation
1.  After a Licensee's Compact Privilege in a Remote State is terminated, the Remote 
State may continue an investigation of the Licensee that began when the Licensee 
had a Compact Privilege in that Remote State.
2.  If the investigation yields what would be Significant Investigative Information had 
the Licensee continued to have a Compact Privilege in that Remote State, the 
Remote State shall report the presence of such information to the Data System as 
required by Section 8.B.6 as if it was Significant Investigative Information.
SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
A.  The Compact Participating States hereby create and establish a joint government 
agency whose membership consists of all Participating States that have enacted the 
Compact. The Commission is an instrumentality of the Participating States acting 
jointly and not an instrumentality of any one State. The Commission shall come into 
existence on or after the effective date of the Compact as set forth in Section 11A.
B.  Participation, Voting, and Meetings
1.  Each Participating State shall have and be limited to one (1) Commissioner selected 
by that Participating State's State Licensing Authority or, if the State has more than 
one State Licensing Authority, selected collectively by the State Licensing 
Authorities.
2.  The Commissioner shall be a member or designee of such Authority or Authorities.
3.  The Commission may by Rule or bylaw establish a term of office for 
Commissioners and may by Rule or bylaw establish term limits.
4.  The Commission may recommend to a State Licensing Authority or Authorities, as 
applicable, removal or suspension of an individual as the State's Commissioner.
5.  A Participating State's State Licensing Authority, or Authorities, as applicable, shall 
fill any vacancy of its Commissioner on the Commission within sixty (60) days of 
the vacancy.
6.  Each Commissioner shall be entitled to one vote on all matters that are voted upon 
by the Commission.
7.  The Commission shall meet at least once during each calendar year. Additional 
meetings may be held as set forth in the bylaws. The Commission may meet by 
telecommunication, video conference or other similar electronic means.
C.  The Commission shall have the following powers:
1.  Establish the fiscal year of the Commission;
2.  Establish a code of conduct and conflict of interest policies;
3.  Adopt Rules and bylaws;
4.  Maintain its financial records in accordance with the bylaws;
5.  Meet and take such actions as are consistent with the provisions of this Compact, 
the Commission's Rules, and the bylaws;
6.  Initiate and conclude legal proceedings or actions in the name of the Commission, 
provided that the standing of any State Licensing Authority to sue or be sued under 
applicable law shall not be affected;
7.  Maintain and certify records and information provided to a Participating State as 
the authenticated business records of the Commission, and designate a person to do 
so on the Commission's behalf;
8.  Purchase and maintain insurance and bonds;
9.  Borrow, accept, or contract for services of personnel, including, but not limited to, 
employees of a Participating State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant 
such individuals appropriate authority to carry out the purposes of the Compact, and 
establish the Commission's personnel policies and programs relating to conflicts of 
interest, qualifications of personnel, and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a Licensee for the grant of a 
Compact Privilege in a Remote State and thereafter, as may be established by 
Commission Rule, charge the Licensee a Compact Privilege renewal fee for each 
renewal period in which that Licensee exercises or intends to exercise the Compact 
Privilege in that Remote State. Nothing herein shall be construed to prevent a 
Remote State from charging a Licensee a fee for a Compact Privilege or renewals 
of a Compact Privilege, or a fee for the Jurisprudence Requirement if the Remote 
State imposes such a requirement for the grant of a Compact Privilege;
13. Accept any and all appropriate gifts, donations, grants of money, other sources of 
revenue, equipment, supplies, materials, and services, and receive, utilize, and 
dispose of the same; provided that at all times the Commission shall avoid any 
appearance of impropriety and/or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or 
mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of 
any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, which may be composed of 
members, State regulators, State legislators or their representatives, and consumer 
representatives, and such other interested persons as may be designated in this 
Compact and the bylaws;
19. Provide and receive information from, and cooperate with, law enforcement 
agencies;
20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the 
Commission as provided in the Commission's bylaws;
21. Establish and elect an Executive Board;
22. Adopt and provide to the Participating States an annual report;
23. Determine whether a State's enacted compact is materially different from the Model 
Compact language such that the State would not qualify for participation in the 
Compact; and
24. Perform such other functions as may be necessary or appropriate to achieve the 
purposes of this Compact.
D.  Meetings of the Commission
1.  All meetings of the Commission that are not closed pursuant to this subsection shall 
be open to the public. Notice of public meetings shall be posted on the 
Commission's website at least thirty (30) days prior to the public meeting.
2.  Notwithstanding subsection D.1 of this section, the Commission may convene an 
emergency public meeting by providing at least twenty-four (24) hours prior notice 
on the Commission's website, and any other means as provided in the Commission's 
Rules, for any of the reasons it may dispense with notice of proposed rulemaking 
under Section 9.L. The Commission's legal counsel shall certify that one of the 
reasons justifying an emergency public meeting has been met.
3.  Notice of all Commission meetings shall provide the time, date, and location of the 
meeting, and if the meeting is to be held or accessible via telecommunication, video 
conference, or other electronic means, the notice shall include the mechanism for 
access to the meeting through such means.
4.  The Commission may convene in a closed, non-public meeting for the Commission 
to receive legal advice or to discuss:
a.  Non-compliance of a Participating State with its obligations under the Compact;
b.  The employment, compensation, discipline or other matters, practices or 
procedures related to specific employees or other matters related to the 
Commission's internal personnel practices and procedures;
c.  Current or threatened discipline of a Licensee or Compact Privilege holder by 
the Commission or by a Participating State's Licensing Authority;
d.  Current, threatened, or reasonably anticipated litigation;
e.  Negotiation of contracts for the purchase, lease, or sale of goods, services, or 
real estate;
f.  Accusing any person of a crime or formally censuring any person;
g.  Trade secrets or commercial or financial information that is privileged or 
confidential;
h.  Information of a personal nature where disclosure would constitute a clearly 
unwarranted invasion of personal privacy;
i.   Investigative records compiled for law enforcement purposes;
j.   Information related to any investigative reports prepared by or on behalf of or 
for use of the Commission or other committee charged with responsibility of 
investigation or determination of compliance issuespursuant to the Compact;
k.  Legal advice;
l.   Matters specifically exempted from disclosure to the public by federal or 
Participating State law; and
m. Other matters as promulgated by the Commission by Rule.
5.  If a meeting, or portion of a meeting, is closed, the presiding officer shall state that 
the meeting will be closed and reference each relevant exempting provision, and 
such reference shall be recorded in the minutes.
6.  The Commission shall keep minutes that fully and clearly describe all matters 
discussed in a meeting and shall provide a full and accurate summary of actions 
taken, and the reasons therefore, including a description of the views expressed. All 
documents considered in connection with an action shall be identified in such 
minutes. All minutes and documents of a closed meeting shall remain under seal, 
subject to release only by a majority vote of the Commission or order of a court of 
competent jurisdiction.
E.  Financing of the Commission
1.  The Commission shall pay, or provide for the payment of, the reasonableexpenses 
of its establishment, organization, and ongoing activities.
2.  The Commission may accept any and all appropriate sources of revenue, donations, 
and grants of money, equipment, supplies, materials, and services.
3.  The Commission may levy on and collect an annual assessment from each 
Participating State and impose fees on Licensees of Participating States when a 
Compact Privilege is granted, to cover the cost of the operations and activities of 
the Commission and its staff, which must be in a total amount sufficient to cover its 
annual budget as approved each fiscal year for which sufficient revenue is not 
provided by other sources. The aggregate annual assessment amount for 
Participating States shall be allocated based upon a formula that the Commission 
shall promulgate by Rule.
4.  The Commission shall not incur obligations of any kind prior to securing thefunds 
adequate to meet the same; nor shall the Commission pledge the credit of any 
Participating State, except by and with the authority of the Participating State.
5.  The Commission shall keep accurate accounts of all receipts and disbursements. 
The receipts and disbursements of the Commission shall be subject to the financial 
review and accounting procedures established under its bylaws. All receipts and 
disbursements of funds handled by the Commission shall be subject to an annual 
financial review by a certified or licensed public accountant, and the report of the 
financial review shall be included in and become part of the annual report of the 
Commission.
F.  The Executive Board
1.  The Executive Board shall have the power to act on behalf of the Commission 
according to the terms of this Compact. The powers, duties, and responsibilities of 
the Executive Board shall include:
a.  Overseeing the day-to-day activities of the administration of the Compact 
including compliance with the provisions of the Compact, the Commission's 
Rules and bylaws;
b.  Recommending to the Commission changes to the Rules or bylaws, changes to 
this Compact legislation, fees charged to Compact Participating States, fees 
charged to Licensees, and other fees;
c.  Ensuring Compact administration services are appropriately provided, 
including by contract;
d.  Preparing and recommending the budget;
e.  Maintaining financial records on behalf of the Commission;
f.  Monitoring Compact compliance of Participating States and providing 
compliance reports to the Commission;
g.  Establishing additional committees as necessary;
h.  Exercising the powers and duties of the Commission during the interim between 
Commission meetings, except for adopting or amending Rules, adopting or 
amending bylaws, and exercising any other powers and duties expressly 
reserved to the Commission by Rule or bylaw; and
i.  Other duties as provided in the Rules or bylaws of the Commission.
2.  The Executive Board shall be composed of up to seven (7) members:
a.  The Chair, Vice Chair, Secretary and Treasurer of the Commission and any 
other members of the Commission who serve on the Executive Board shall be 
voting members of the Executive Board; and
b.  Other than the Chair, Vice Chair, Secretary, and Treasurer, the Commission 
may elect up to three (3) voting members from the current membership of the 
Commission.
3.  The Commission may remove any member of the Executive Board as provided in 
the Commission's bylaws.
4.  The Executive Board shall meet at least annually.
a.  An Executive Board meeting at which it takes or intends to take formal action 
on a matter shall be open to the public, except that the Executive Board may 
meet in a closed, non-public session of a public meeting when dealing with any 
of the matters covered under subsection D.4.
b.  The Executive Board shall give five (5) business days' notice of its public 
meetings, posted on its website and as it may otherwise determine to provide 
notice to persons with an interest in the public matters the Executive Board 
intends to address at those meetings.
5.  The Executive Board may hold an emergency meeting when acting for the 
Commission to:
a.  Meet an imminent threat to public health, safety, or welfare;
b.  Prevent a loss of Commission or Participating State funds; or
c.  Protect public health and safety.
G.  Qualified Immunity, Defense, and Indemnification
1.  The members, officers, executive director, employees and representatives of the 
Commission shall be immune from suit and liability, both personally and in their 
official capacity, for any claim for damage to or loss of property or personal injury 
or other civil liability caused by or arising out of any actual or alleged act, error, or 
omission that occurred, or that the person against whom the claim is made had a 
reasonable basis for believing occurred within the scope of Commission 
employment, duties or responsibilities; provided that nothing in this paragraph shall 
be construed to protect any such person from suit or liability for any damage, loss, 
injury, or liability caused by the intentional or willful or wanton misconduct of that 
person. The procurement of insurance of any type by the Commission shall not in 
any way compromise or limit the immunity granted hereunder.
2.  The Commission shall defend any member, officer, executive director, employee, 
and representative of the Commission in any civil action seeking to impose liability 
arising out of any actual or alleged act, error, or omission that occurred within the 
scope of Commission employment, duties, or responsibilities, or as determined by 
the Commission that the person against whom the claim is made had a reasonable 
basis for believing occurred within the scope of Commission employment, duties, 
or responsibilities; provided that nothing herein shall be construed to prohibit that 
person from retaining their own counsel at their own expense; and provided further, 
that the actual or alleged act, error, or omission did not result from that person's 
intentional or willful or wanton misconduct.
3.  Notwithstanding subsection G.1 of this section, should any member, officer, 
executive director, employee, or representative of the Commission be held liable 
for the amount of any settlement or judgment arising out of any actual or alleged 
act, error, or omission that occurred within the scope of that individual's 
employment, duties, or responsibilities for the Commission, or that the person to 
whom that individual is liable had a reasonable basis for believing occurred within 
the scope of the individual's employment, duties, or responsibilities for the 
Commission, the Commission shall indemnify and hold harmless such individual, 
provided that the actual or alleged act, error, or omission did not result from the 
intentional or willful or wanton misconduct of the individual.
4.  Nothing herein shall be construed as a limitation on the liability of any Licensee for 
professional malpractice or misconduct, which shall be governed solely by any 
other applicable State laws.
5.  Nothing in this Compact shall be interpreted to waive or otherwise abrogate a 
Participating State's state action immunity or state action affirmative defense with 
respect to antitrust claims under the Sherman Act, Clayton Act, or any other State 
or federal antitrust or anticompetitive law or regulation.
6.  Nothing in this Compact shall be construed to be a waiver of sovereign immunity 
by the Participating States or by the Commission.
SECTION 8. DATA SYSTEM
A.  The Commission shall provide for the development, maintenance, operation, and 
utilization of a coordinated database and reporting system containing licensure, 
Adverse Action, and the presence of Significant Investigative Information on all 
Licensees and applicants for a License in Participating States.
B.  Notwithstanding any other provision of State law to the contrary, a Participating State 
shall submit a uniform data set to the Data System on all individuals to whom this 
Compact is applicable as required by the Rules of the Commission, including:
1.  Identifying information;
2.  Licensure data;
3.  Adverse Actions against a Licensee, License applicant or Compact Privilege and 
information related thereto;
4.  Non-confidential information related to Alternative Program participation, the 
beginning and ending dates of such participation, and other information related to 
such participation;
5.  Any denial of an application for licensure, and the reason(s) for such denial, 
(excluding the reporting of any criminal history record information where 
prohibited by law);
6.  The presence of Significant Investigative Information; and
7.  Other information that may facilitate the administration of this Compact or the 
protection of the public, as determined by the Rules of the Commission.
C.  The records and information provided to a Participating State pursuant to this Compact 
or through the Data System, when certified by the Commission or an agent thereof, 
shall constitute the authenticated business records of the Commission, and shall be 
entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or 
administrative proceedings in a Participating State.
D.  Significant Investigative Information pertaining to a Licensee in any Participating State 
will only be available to other Participating States.
E.  It is the responsibility of the Participating States to monitor the database to determine 
whether Adverse Action has been taken against a Licensee or License applicant. 
Adverse Action information pertaining to a Licensee or License applicant in any 
Participating State will be available to any other Participating State.
F.  Participating States contributing information to the Data System may designate 
information that may not be shared with the public without the express permission of 
the contributing State.
G.  Any information submitted to the Data System that is subsequently expunged pursuant 
to federal law or the laws of the Participating State contributing the information shall 
be removed from the Data System.
SECTION 9. RULEMAKING
A.  The Commission shall promulgate reasonable Rules in order to effectively and 
efficiently implement and administer the purposes and provisions of the Compact. A 
Commission Rule shall be invalid and have no force or effect only if a court of 
competent jurisdiction holds that the Rule is invalid because the Commission exercised 
its rulemaking authority in a manner that is beyond the scope and purposes of the 
Compact, or the powers granted hereunder, or based upon another applicable standard 
of review.
B.  The Rules of the Commission shall have the force of law in each Participating State, 
provided however that where the Rules of the Commission conflict with the laws of 
the Participating State that establish the Participating State's Scope of Practice as held 
by a court of competent jurisdiction, the Rules of the Commission shall be ineffective 
in that State to the extent of the conflict.
C.  The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth 
in this section and the Rules adopted thereunder. Rules shall become binding as of the 
date specified by the Commission for each Rule.
D.  If a majority of the legislatures of the Participating States rejects a Commission Rule 
or portion of a Commission Rule, by enactment of a statute or resolution in the same 
manner used to adopt the Compact, within four (4) years of the date of adoption of the 
Rule, then such Rule shall have no further force and effect in any Participating State or 
to any State applying to participate in the Compact.
E.   Rules shall be adopted at a regular or special meeting of the Commission.
F.   Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and 
allow persons to provide oral and written comments, data, facts, opinions, and 
arguments.
G.   Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days 
in advance of the meeting at which the Commission will hold a public hearing on the 
proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:
1.  On the website of the Commission or other publicly accessible platform;
2.  To persons who have requested notice of the Commission's notices of proposed 
rulemaking, and
3.  In such other way(s) as the Commission may by Rule specify.
H.  The Notice of Proposed Rulemaking shall include:
1.  The time, date, and location of the public hearing at which the Commission will 
hear public comments on the proposed Rule and, if different, the time, date, and 
location of the meeting where the Commission will consider and vote on the 
proposed Rule;
2.  If the hearing is held via telecommunication, video conference, or other electronic 
means, the Commission shall include the mechanism for access to the hearing in 
the Notice of Proposed Rulemaking;
3.  The text of the proposed Rule and the reason therefor;
4.  A request for comments on the proposed Rule from any interested person; and
5.  The manner in which interested persons may submit written comments.
I.    All hearings will be recorded. A copy of the recording and all written comments and 
documents received by the Commission in response to the proposed Rule shall be 
available to the public.
J.    Nothing in this section shall be construed as requiring a separate hearing on each 
Commission Rule. Rules may be grouped for the convenience of the Commission at 
hearings required by this section.
K.  The Commission shall, by majority vote of all Commissioners, take final action on the 
proposed Rule based on the rulemaking record.
1.  The Commission may adopt changes to the proposed Rule provided the changes do 
not enlarge the original purpose of the proposed Rule.
2.  The Commission shall provide an explanation of the reasons for substantive changes 
made to the proposed Rule as well as reasons for substantive changes not made that 
were recommended by commenters.
3.  The Commission shall determine a reasonable effective date for the Rule. Except 
for an emergency as provided in subsection L, the effective date of the Rule shall 
be no sooner than thirty (30) days after the Commission issuing the notice that it 
adopted or amended the Rule.
L.   Upon determination that an emergency exists, the Commission may consider and adopt 
an emergency Rule with 24 hours' notice, with opportunity to comment, provided that 
the usual rulemaking procedures provided in the Compact and in this section shall be 
retroactively applied to the Rule as soon as reasonably possible, in no event later than 
ninety (90) days after the effective date of the Rule. For the purposes of this provision, 
an emergency Rule is one that must be adopted immediately in order to:
1.  Meet an imminent threat to public health, safety, or welfare;
2.  Prevent a loss of Commission or Participating State funds;
3.  Meet a deadline for the promulgation of a Rule that is established by federal law or 
rule; or
4.  Protect public health and safety.
M.  The Commission or an authorized committee of the Commission may direct revisions 
to a previously adopted Rule for purposes of correcting typographical errors, errors in 
format, errors in consistency, or grammatical errors. Public notice of any revisions shall 
be posted on the website of the Commission. The revision shall be subject tochallenge 
by any person for a period of thirty (30) days after posting. The revision may be 
challenged only on grounds that the revision results in a material change to a Rule. A 
challenge shall be made in writing and delivered to the Commission prior to the end of 
the notice period. If no challenge is made, the revision will take effect without further 
action. If the revision is challenged, the revision may not take effect without the 
approval of the Commission.
N.  No Participating State's rulemaking requirements shall apply under this Compact
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A.  Oversight
1.  The executive and judicial branches of State government in each Participating State 
shall enforce this Compact and take all actions necessary and appropriate to 
implement the Compact.
2.  Venue is proper and judicial proceedings by or against the Commission shall be 
brought solely and exclusively in a court of competent jurisdiction where 
theprincipal office of the Commission is located. The Commission may waive 
venue and jurisdictional defenses to the extent it adopts or consents to participate in 
alternative dispute resolution proceedings. Nothing herein shall affect or limit the 
selection or propriety of venue in any action against a Licensee for professional 
malpractice, misconduct or any such similar matter.
3.  The Commission shall be entitled to receive service of process in any proceeding 
regarding the enforcement or interpretation of the Compact or Commission Rule 
and shall have standing to intervene in such a proceeding for all purposes. Failure 
to provide the Commission service of process shall render a judgment or order void 
as to the Commission, this Compact, or promulgated Rules.
B.  Default, Technical Assistance, and Termination
1.  If the Commission determines that a Participating State has defaulted in the 
performance of its obligations or responsibilities under this Compact or the 
promulgated Rules, the Commission shall provide written notice to the defaulting 
State. The notice of default shall describe the default, the proposed means of curing 
the default, and any other action that the Commission may take, and shall offer 
training and specific technical assistance regarding the default.
2.  The Commission shall provide a copy of the notice of default to the other 
Participating States.
C.   If a State in default fails to cure the default, the defaulting State may be terminated 
from the Compact upon an affirmative vote of a majority of the Commissioners, and 
all rights, privileges and benefits conferred on that State by this Compact may be 
terminated on the effective date of termination. A cure of the default does not relieve 
the offending State of obligations or liabilities incurred during the period of default.
D.  Termination of participation in the Compact shall be imposed only after all other means 
of securing compliance have been exhausted. Notice of intent to suspend or terminate 
shall be given by the Commission to the governor, the majority and minority leaders 
of the defaulting State's legislature, the defaulting State's State Licensing Authority or 
Authorities, as applicable, and each of the Participating States' State Licensing 
Authority or Authorities, as applicable.
E.   A State that has been terminated is responsible for all assessments, obligations, and 
liabilities incurred through the effective date of termination, including obligations that 
extend beyond the effective date of termination.
F.   Upon the termination of a State's participation in this Compact, that State shall 
immediately provide notice to all Licensees of the State, including Licensees of other 
Participating States issued a Compact Privilege to practice within that State, of such 
termination. The terminated State shall continue to recognize all Compact Privileges 
then in effect in that State for a minimum of one hundred eighty (180) days after the 
date of said notice of termination.
G.  The Commission shall not bear any costs related to a State that is found to be in default 
or that has been terminated from the Compact, unless agreed upon in writing between 
the Commission and the defaulting State.
H.  The defaulting State may appeal the action of the Commission by petitioning the U.S. 
District Court for the District of Columbia or the federal district where the Commission 
has its principal offices. The prevailing party shall be awarded all costs of such 
litigation, including reasonable attorney's fees.
I.   Dispute Resolution
1.  Upon request by a Participating State, the Commission shall attempt to resolve 
disputes related to the Compact that arise among Participating States and between 
Participating States and non-Participating States.
2.  The Commission shall promulgate a Rule providing for both mediation and binding 
dispute resolution for disputes as appropriate.
J.  Enforcement
1.  The Commission, in the reasonable exercise of its discretion, shall enforce the 
provisions of this Compact and the Commission's Rules.
2.  By majority vote, the Commission may initiate legal action against a Participating 
State in default in the United States District Court for the District of Columbia or 
the federal district where the Commission has its principal offices to enforce 
compliance with the provisions of the Compact and its promulgated Rules. The 
relief sought may include both injunctive relief and damages. In the event judicial 
enforcement is necessary, the prevailing party shall be awarded all costs of such 
litigation, including reasonable attorney's fees. The remedies herein shall not be the 
exclusive remedies of the Commission. The Commission may pursue any other 
remedies available under federal or the defaulting Participating State's law.
3.  A Participating State may initiate legal action against the Commission in the U.S. 
District Court for the District of Columbia or the federal district where the 
Commission has its principal offices to enforce compliance with the provisions of 
the Compact and its promulgated Rules. The relief sought may include both 
injunctive relief and damages. In the event judicial enforcement is necessary, the 
prevailing party shall be awarded all costs of such litigation, including reasonable 
attorney's fees.
4.  No individual or entity other than a Participating State may enforce this Compact 
against the Commission.
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A.  The Compact shall come into effect on the date on which the Compact statute is enacted 
into law in the seventh Participating State.
1.  On or after the effective date of the Compact, the Commission shall convene and 
review the enactment of each of the States that enacted the Compact prior to the 
Commission convening ("Charter Participating States") to determine if the statute 
enacted by each such Charter Participating State is materially different than the 
Model Compact.
a.  A Charter Participating State whose enactment is found to be materially 
different from the Model Compact shall be entitled to the default process set 
forth in Section 10.
b.  If any Participating State is later found to be in default, or is terminated or 
withdraws from the Compact, the Commission shall remain in existence and 
the Compact shall remain in effect even if the number of Participating States 
should be less than seven (7).
2.  Participating States enacting the Compact subsequent to the Charter Participating 
States shall be subject to the process set forth in Section 7.C.23 to determine if their 
enactments are materially different from the Model Compact and whether they 
qualify for participation in the Compact.
3.  All actions taken for the benefit of the Commission or in furtherance of the purposes 
of the administration of the Compact prior to the effective date of the Compact or 
the Commission coming into existence shall be considered to be actions of the 
Commission unless specifically repudiated by the Commission.
4.  Any State that joins the Compact subsequent to the Commission's initial adoption 
of the Rules and bylaws shall be subject to the Commission's Rules and bylaws as 
they exist on the date on which the Compact becomes law in that State. Any Rule 
that has been previously adopted by theCommission shall have the full force and 
effect of law on the day the Compact becomes law in thatState.
B.  Any Participating State may withdraw from this Compact by enacting a statute 
repealing that State's enactment of the Compact.
1.  A Participating State's withdrawal shall not take effect until one hundred eighty 
(180) days after enactment of the repealing statute.
2.  Withdrawal shall not affect the continuing requirement of the withdrawing State's 
Licensing Authority or Authorities to comply with the investigative and Adverse 
Action reporting requirements of this Compact prior to the effective date of 
withdrawal.
3.  Upon the enactment of a statute withdrawing from this Compact, the State shall 
immediately provide notice of such withdrawal to all Licensees within that State. 
Notwithstanding any subsequent statutory enactment to the contrary, such 
withdrawing State shall continue to recognize all Compact Privileges to practice 
within that State granted pursuant to this Compact for a minimum of one hundred 
eighty (180) days after the date of such notice of withdrawal.
C.  Nothing contained in this Compact shall be construed to invalidate or prevent any 
licensure agreement or other cooperative arrangement between a Participating State 
and a non-Participating State that does not conflict with the provisions of this Compact.
D.  This Compact may be amended by the Participating States. No amendment to this 
Compact shall become effective and binding upon any Participating State until it is 
enacted into the laws of all Participating States.
SECTION 12. CONSTRUCTION AND SEVERABILITY
A.  This Compact and the Commission’s rulemaking authority shall be liberally construed 
so as to effectuate the purposes, and the implementation and administration of the 
Compact. Provisions of the Compact expressly authorizing or requiring the 
promulgation of Rules shall not be construed to limit the Commission’s rulemaking 
authority solely for those purposes.
B.  The provisions of this Compact shall be severable and if any phrase, clause, sentence 
or provision of this Compact is held by a court of competent jurisdiction to be contrary 
to the constitution of any Participating State, a State seeking participation in the 
Compact, or of the United States, or the applicability thereof to any government, 
agency, person or circumstance is held to be unconstitutional by a court of competent 
jurisdiction, the validity of the remainder of this Compact and the applicability thereof 
to any other government, agency, person or circumstance shall not be affected thereby.
C.  Notwithstanding subsection B of this section, the Commission may deny a State's 
participation in the Compact or, in accordance with the requirements of Section 10.B, 
terminate a Participating State's participation in the Compact, if it determines that a 
constitutional requirement of a Participating State is a material departure from the 
Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of 
any Participating State, the Compact shall remain in full force and effect as to the 
remaining Participating States and in full force and effect as to the Participating State 
affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 
LAWS
A.  Nothing herein shall prevent or inhibit the enforcement of any other law of a 
Participating State that is not inconsistent with the Compact.
B.  Any laws, statutes, regulations, or other legal requirements in a Participating State in 
conflict with the Compact are superseded to the extent of the conflict.
C.  All permissible agreements between the Commission and the Participating States are 
binding in accordance with their terms.