SB 81 — An Act authorizing the Commonwealth of Pennsylvania to join the Dentist and Dental Hygienist Compact; and providing for the form of the compact.

PRINTER'S NO.   36

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 81
                                              Session of
                                                2025

     INTRODUCED BY FARRY, PENNYCUICK, LANGERHOLC, BROWN AND SCHWANK,
        JANUARY 22, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        JANUARY 22, 2025


                                     AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the Dentist
 2      and Dental Hygienist Compact; and providing for the form of
 3      the compact.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Dentist and
 8   Dental Hygienist Compact Act.
 9   Section 2.   Authority to execute compact.
10      The Governor, on behalf of the Commonwealth, is hereby
11   authorized to execute a compact in substantially the following
12   form with any one or more of the states of the United States,
13   and the General Assembly hereby signifies in advance its
14   approval and ratification of such compact:
15                  DENTIST AND DENTAL HYGIENIST COMPACT
16   SECTION 1. TITLE AND PURPOSE
17      This statute shall be known and cited as the Dentist and
18   Dental Hygienist Compact. The purposes of this Compact are to
 1   facilitate the interstate practice of dentistry and dental
 2   hygiene and improve public access to dentistry and dental
 3   hygiene services by providing Dentists and Dental Hygienists
 4   licensed in a Participating State the ability to practice in
 5   Participating States in which they are not licensed. The Compact
 6   does this by establishing a pathway for a Dentists and Dental
 7   Hygienists licensed in a Participating State to obtain a Compact
 8   Privilege that authorizes them to practice in another
 9   Participating State in which they are not licensed. The Compact
10   enables Participating States to protect the public health and
11   safety with respect to the practice of such Dentists and Dental
12   Hygienists, through the State's authority to regulate the
13   practice of dentistry and dental hygiene in the State. The
14   Compact:
15      A. Enables Dentists and Dental Hygienists who qualify for a
16   Compact Privilege to practice in other Participating States
17   without satisfying burdensome and duplicative requirements
18   associated with securing a License to practice in those States;
19      B. Promotes mobility and addresses workforce shortages
20   through each Participating State's acceptance of a Compact
21   Privilege to practice in that State;
22      C. Increases public access to qualified, licensed Dentists
23   and Dental Hygienists by creating a responsible, streamlined
24   pathway for Licensees to practice in Participating States.
25      D. Enhances the ability of Participating States to protect
26   the public's health and safety;
27      E. Does not interfere with licensure requirements established
28   by a Participating State;
29      F. Facilitates the sharing of licensure and disciplinary
30   information among Participating States;

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 1      G. Requires Dentists and Dental Hygienists who practice in a
 2   Participating State pursuant to a Compact Privilege to practice
 3   within the Scope of Practice authorized in that State;
 4      H. Extends the authority of a Participating State to regulate
 5   the practice of dentistry and dental hygiene within its borders
 6   to Dentists and Dental Hygienists who practice in the State
 7   through a Compact Privilege;
 8      I. Promotes the cooperation of Participating State in
 9   regulating the practice of dentistry and dental hygiene within
10   those States;
11      J. Facilitates the relocation of military members and their
12   spouses who are licensed to practice dentistry or dental
13   hygiene;
14   SECTION 2. DEFINITIONS
15      As used in this Compact, unless the context requires
16   otherwise, the following definitions shall apply:
17      A. "Active Military Member" means any person with full-time
18   duty status in the armed forces of the United States, including
19   members of the National Guard and Reserve.
20      B. "Adverse Action" means disciplinary action or encumbrance
21   imposed on a License or Compact Privilege by a State Licensing
22   Authority.
23      C. "Alternative Program" means a non-disciplinary monitoring
24   or practice remediation process applicable to a Dentist or
25   Dental Hygienist approved by a State Licensing Authority of a
26   Participating State in which the Dentist or Dental Hygienist is
27   licensed. This includes, but is not limited to, programs to
28   which Licensees with substance abuse or addiction issues are
29   referred in lieu of Adverse Action.
30      D. "Clinical Assessment" means examination or process,

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 1   required for licensure as a Dentist or Dental Hygienist as
 2   applicable, that provides evidence of clinical competence in
 3   dentistry or dental hygiene.
 4      E. "Commissioner" means the individual appointed by a
 5   Participating State to serve as the member of the Commission for
 6   that Participating State.
 7      F. "Compact" means this Dentist and Dental Hygienist Compact.
 8      G. "Compact Privilege" means the authorization granted by a
 9   Remote State to allow a Licensee from a Participating State to
10   practice as a Dentist or Dental Hygienist in a Remote State.
11      H. "Continuing Professional Development" means a requirement,
12   as a condition of License renewal to provide evidence of
13   successful participation in educational or professional
14   activities relevant to practice or area of work.
15      I. "Criminal Background Check" means the submission of
16   fingerprints or other biometric-based information for a License
17   applicant for the purpose of obtaining that applicant's criminal
18   history record information, as defined in 28 C.F.R. § 20.3(d)
19   from the Federal Bureau of Investigation and the State's
20   criminal history record repository as defined in 28 C.F.R. §
21   20.3(f).
22      J. "Data System" means the Commission's repository of
23   information about Licensees, including but not limited to
24   examination, licensure, investigative, Compact Privilege,
25   Adverse Action, and Alternative Program.
26      K. "Dental Hygienist" means an individual who is licensed by
27   a State Licensing Authority to practice dental hygiene.
28      L. "Dentist" means an individual who is licensed by a State
29   Licensing Authority to practice dentistry.
30      M. "Dentist and Dental Hygienist Compact Commission" or

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 1   "Commission" means a joint government agency established by this
 2   Compact comprised of each State that has enacted the Compact and
 3   a national administrative body comprised of a Commissioner from
 4   each State that has enacted the Compact.
 5      N. "Encumbered License" means a License that a State
 6   Licensing Authority has limited in any way other than through an
 7   Alternative Program.
 8      O. "Executive Board" means the Chair, Vice Chair, Secretary
 9   and Treasurer and any other Commissioners as may be determined
10   by Commission Rule or bylaw.
11      P. "Jurisprudence Requirement" means the assessment of an
12   individual's knowledge of the laws and Rules governing the
13   practice of dentistry or dental hygiene, as applicable, in a
14   State.
15      Q. "License" means current authorization by a State, other
16   than authorization pursuant to a Compact Privilege, or other
17   privilege, for an individual to practice as a Dentist or Dental
18   Hygienist in that State.
19      R. "Licensee" means an individual who holds an unrestricted
20   License from a Participating State to practice as a Dentist or
21   Dental Hygienist in that State.
22      S. "Model Compact" the model for the Dentist and Dental
23   Hygienist Compact on file with the Council of State Governments
24   or other entity as designated by the Commission.
25      T. "Participating State" means a State that has enacted the
26   Compact and been admitted to the Commission in accordance with
27   the provisions herein and Commission Rules.
28      U. "Qualifying License" means a License that is not an
29   Encumbered License issued by a Participating State to practice
30   dentistry or dental hygiene.

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 1      V. "Remote State" means a Participating State where a
 2   Licensee who is not licensed as a Dentist or Dental Hygienist is
 3   exercising or seeking to exercise the Compact Privilege.
 4      W. "Rule" means a regulation promulgated by an entity that
 5   has the force of law.
 6      X. "Scope of Practice" means the procedures, actions, and
 7   processes a Dentist or Dental Hygienist licensed in a State is
 8   permitted to undertake in that State and the circumstances under
 9   which the Licensee is permitted to undertake those procedures,
10   actions and processes. Such procedures, actions and processes
11   and the circumstances under which they may be undertaken may be
12   established through means, including, but not limited to,
13   statute, regulations, case law, and other processes available to
14   the State Licensing Authority or other government agency.
15      Y. "Significant Investigative Information" means information,
16   records, and documents received or generated by a State
17   Licensing Authority pursuant to an investigation for which a
18   determination has been made that there is probable cause to
19   believe that the Licensee has violated a statute or regulation
20   that is considered more than a minor infraction for which the
21   State Licensing Authority could pursue Adverse Action against
22   the Licensee.
23      Z. "State" means any state, commonwealth, district, or
24   territory of the United States of America that regulates the
25   practices of dentistry and dental hygiene.
26      AA. "State Licensing Authority" means an agency or other
27   entity of a State that is responsible for the licensing and
28   regulation of Dentists or Dental Hygienists.
29   SECTION 3. STATE PARTICIPATION IN THE COMPACT
30      A. In order to join the Compact and thereafter continue as a

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 1   Participating State, a State must:
 2      1. Enact a compact that is not materially different from the
 3   Model Compact as determined in accordance with Commission Rules;
 4      2. Participate fully in the Commission's Data System;
 5      3. Have a mechanism in place for receiving and investigating
 6   complaints about its Licensees and License applicants;
 7      4. Notify the Commission, in compliance with the terms of the
 8   Compact and Commission Rules, of any Adverse Action or the
 9   availability of Significant Investigative Information regarding
10   a Licensee and License applicant;
11      5. Fully implement a Criminal Background Check requirement,
12   within a time frame established by Commission Rule, by receiving
13   the results of a qualifying Criminal Background Check;
14      6. Comply with the Commission Rules applicable to a
15   Participating State;
16      7. Accept the National Board Examinations of the Joint
17   Commission on National Dental Examinations or another
18   examination accepted by Commission Rule as a licensure
19   examination;
20      8. Accept for licensure that applicants for a Dentist License
21   graduate from a predoctoral dental education program accredited
22   by the Commission on Dental Accreditation, or another
23   accrediting agency recognized by the United States Department of
24   Education for the accreditation of dentistry and dental hygiene
25   education programs, leading to the Doctor of Dental Surgery
26   (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
27      9. Accept for licensure that applicants for a Dental
28   Hygienist License graduate from a dental hygiene education
29   program accredited by the Commission on Dental Accreditation or
30   another accrediting agency recognized by the United States

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 1   Department of Education for the accreditation of dentistry and
 2   dental hygiene education programs;
 3      10. Require for licensure that applicants successfully
 4   complete a Clinical Assessment;
 5      11. Have Continuing Professional Development requirements as
 6   a condition for License renewal; and
 7      12. Pay a participation fee to the Commission as established
 8   by Commission Rule.
 9      B. Providing alternative pathways for an individual to obtain
10   an unrestricted License does not disqualify a State from
11   participating in the Compact.
12      C. When conducting a Criminal Background Check the State
13   Licensing Authority shall:
14      1. Consider that information in making a licensure decision;
15      2. Maintain documentation of completion of the Criminal
16   Background Check and background check information to the extent
17   allowed by State and federal law; and
18      3. Report to the Commission whether it has completed the
19   Criminal Background Check and whether the individual was granted
20   or denied a License.
21      D. A Licensee of a Participating State who has a Qualifying
22   License in that State and does not hold an Encumbered License in
23   any other Participating State, shall be issued a Compact
24   Privilege in a Remote State in accordance with the terms of the
25   Compact and Commission Rules. If a Remote State has a
26   Jurisprudence Requirement a Compact Privilege will not be issued
27   to the Licensee unless the Licensee has satisfied the
28   Jurisprudence Requirement.
29   SECTION 4. COMPACT PRIVILEGE
30      A. To obtain and exercise the Compact Privilege under the

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 1   terms and provisions of the Compact, the Licensee shall:
 2      1. Have a Qualifying License as a Dentist or Dental Hygienist
 3   in a Participating State;
 4      2. Be eligible for a Compact Privilege in any Remote State in
 5   accordance with D, G and H of this section;
 6      3. Submit to an application process whenever the Licensee is
 7   seeking a Compact Privilege;
 8      4. Pay any applicable Commission and Remote State fees for a
 9   Compact Privilege in the Remote State;
10      5. Meet any Jurisprudence Requirement established by a Remote
11   State in which the Licensee is seeking a Compact Privilege;
12      6. Have passed a National Board Examination of the Joint
13   Commission on National Dental Examinations or another
14   examination accepted by Commission Rule;
15      7. For a Dentist, have graduated from a predoctoral dental
16   education program accredited by the Commission on Dental
17   Accreditation, or another accrediting agency recognized by the
18   United States Department of Education for the accreditation of
19   dentistry and dental hygiene education programs, leading to the
20   Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine
21   (D.M.D.) degree;
22      8. For a Dental Hygienist, have graduated from a dental
23   hygiene education program accredited by the Commission on Dental
24   Accreditation or another accrediting agency recognized by the
25   United States Department of Education for the accreditation of
26   dentistry and dental hygiene education programs;
27      9. Have successfully completed a Clinical Assessment for
28   licensure;
29      10. Report to the Commission Adverse Action taken by any non-
30   Participating State when applying for a Compact Privilege and,

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 1   otherwise, within thirty (30) days from the date the Adverse
 2   Action is taken;
 3      11. Report to the Commission when applying for a Compact
 4   Privilege the address of the Licensee's primary residence and
 5   thereafter immediately report to the Commission any change in
 6   the address of the Licensee's primary residence; and
 7      12. Consent to accept service of process by mail at the
 8   Licensee's primary residence on record with the Commission with
 9   respect to any action brought against the Licensee by the
10   Commission or a Participating State, and consent to accept
11   service of a subpoena by mail at the Licensee's primary
12   residence on record with the Commission with respect to any
13   action brought or investigation conducted by the Commission or a
14   Participating State.
15      B. The Licensee must comply with the requirements of
16   subsection A of this section to maintain the Compact Privilege
17   in the Remote State. If those requirements are met, the Compact
18   Privilege will continue as long as the Licensee maintains a
19   Qualifying License in the State through which the Licensee
20   applied for the Compact Privilege and pays any applicable
21   Compact Privilege renewal fees.
22      C. A Licensee providing dentistry or dental hygiene in a
23   Remote State under the Compact Privilege shall function within
24   the Scope of Practice authorized by the Remote State for a
25   Dentist or Dental Hygienist licensed in that State.
26      D. A Licensee providing dentistry or dental hygiene pursuant
27   to a Compact Privilege in a Remote State is subject to that
28   State's regulatory authority. A Remote State may, in accordance
29   with due process and that State's laws, by Adverse Action revoke
30   or remove a Licensee's Compact Privilege in the Remote State for

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 1   a specific period of time and impose fines or take any other
 2   necessary actions to protect the health and safety of its
 3   citizens. If a Remote State imposes an Adverse Action against a
 4   Compact Privilege that limits the Compact Privilege, that
 5   Adverse Action applies to all Compact Privileges in all Remote
 6   States. A Licensee whose Compact Privilege in a Remote State is
 7   removed for a specified period of time is not eligible for a
 8   Compact Privilege in any other Remote State until the specific
 9   time for removal of the Compact Privilege has passed and all
10   encumbrance requirements are satisfied.
11      E. If a License in a Participating State is an Encumbered
12   License, the Licensee shall lose the Compact Privilege in a
13   Remote State and shall not be eligible for a Compact Privilege
14   in any Remote State until the License is no longer encumbered.
15      F. Once an Encumbered License in a Participating State is
16   restored to good standing, the Licensee must meet the
17   requirements of subsection A of this section to obtain a Compact
18   Privilege in a Remote State.
19      G. If a Licensee's Compact Privilege in a Remote State is
20   removed by the Remote State, the individual shall lose or be
21   ineligible for the Compact Privilege in any Remote State until
22   the following occur:
23      1. The specific period of time for which the Compact
24   Privilege was removed has ended; and
25      2. All conditions for removal of the Compact Privilege have
26   been satisfied.
27      H. Once the requirements of subsection G of this section have
28   been met, the Licensee must meet the requirements in subsection
29   A of this section to obtain a Compact Privilege in a Remote
30   State.

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 1   SECTION 5. ACTIVE MILITARY MEMBER OR THEIR SPOUSES
 2      An Active Military Member and their spouse shall not be
 3   required to pay to the Commission for a Compact Privilege the
 4   fee otherwise charged by the Commission. If a Remote State
 5   chooses to charge a fee for a Compact Privilege, it may choose
 6   to charge a reduced fee or no fee to an Active Military Member
 7   and their spouse for a Compact Privilege.
 8   SECTION 6. ADVERSE ACTIONS
 9      A. A Participating State in which a Licensee is licensed
10   shall have exclusive authority to impose Adverse Action against
11   the Qualifying License issued by that Participating State.
12      B. A Participating State may take Adverse Action based on the
13   Significant Investigative Information of a Remote State, so long
14   as the Participating State follows its own procedures for
15   imposing Adverse Action.
16      C. Nothing in this Compact shall override a Participating
17   State's decision that participation in an Alternative Program
18   may be used in lieu of Adverse Action and that such
19   participation shall remain non-public if required by the
20   Participating State's laws. Participating States must require
21   Licensees who enter any Alternative Program in lieu of
22   discipline to agree not to practice pursuant to a Compact
23   Privilege in any other Participating State during the term of
24   the Alternative Program without prior authorization from such
25   other Participating State.
26      D. Any Participating State in which a Licensee is applying to
27   practice or is practicing pursuant to a Compact Privilege may
28   investigate actual or alleged violations of the statutes and
29   regulations authorizing the practice of dentistry or dental
30   hygiene in any other Participating State in which the Dentist or

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 1   Dental Hygienist holds a License or Compact Privilege.
 2      E. A Remote State shall have the authority to:
 3      1. Take Adverse Actions as set forth in Section 4.D against a
 4   Licensee's Compact Privilege in the State;
 5      2. In furtherance of its rights and responsibilities under
 6   the Compact and the Commission's Rules issue subpoenas for both
 7   hearings and investigations that require the attendance and
 8   testimony of witnesses, and the production of evidence.
 9   Subpoenas issued by a State Licensing Authority in a
10   Participating State for the attendance and testimony of
11   witnesses, or the production of evidence from another
12   Participating State, shall be enforced in the latter State by
13   any court of competent jurisdiction, according to the practice
14   and procedure of that court applicable to subpoenas issued in
15   proceedings pending before it. The issuing authority shall pay
16   any witness fees, travel expenses, mileage, and other fees
17   required by the service statutes of the State where the
18   witnesses or evidence are located; and
19      3. If otherwise permitted by State law, recover from the
20   Licensee the costs of investigations and disposition of cases
21   resulting from any Adverse Action taken against that Licensee.
22      F. Joint Investigations
23      1. In addition to the authority granted to a Participating
24   State by its Dentist or Dental Hygienist licensure act or other
25   applicable State law, a Participating State may jointly
26   investigate Licensees with other Participating States.
27      2. Participating States shall share any Significant
28   Investigative Information, litigation, or compliance materials
29   in furtherance of any joint or individual investigation
30   initiated under the Compact.

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 1      G. Authority to Continue Investigation
 2      1. After a Licensee's Compact Privilege in a Remote State is
 3   terminated, the Remote State may continue an investigation of
 4   the Licensee that began when the Licensee had a Compact
 5   Privilege in that Remote State.
 6      2. If the investigation yields what would be Significant
 7   Investigative Information had the Licensee continued to have a
 8   Compact Privilege in that Remote State, the Remote State shall
 9   report the presence of such information to the Data System as
10   required by Section 8.B.6 as if it was Significant Investigative
11   Information.
12   SECTION 7. ESTABLISHMENT AND OPERATION OF THE COMMISSION.
13      A. The Compact Participating States hereby create and
14   establish a joint government agency whose membership consists of
15   all Participating States that have enacted the Compact. The
16   Commission is an instrumentality of the Participating States
17   acting jointly and not an instrumentality of any one State. The
18   Commission shall come into existence on or after the effective
19   date of the Compact as set forth in Section 11A.
20      B. Participation, Voting, and Meetings
21      1. Each Participating State shall have and be limited to one
22   (1) Commissioner selected by that Participating State's State
23   Licensing Authority or, if the State has more than one State
24   Licensing Authority, selected collectively by the State
25   Licensing Authorities.
26      2. The Commissioner shall be a member or designee of such
27   Authority or Authorities.
28      3. The Commission may by Rule or bylaw establish a term of
29   office for Commissioners and may by Rule or bylaw establish term
30   limits.

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 1      4. The Commission may recommend to a State Licensing
 2   Authority or Authorities, as applicable, removal or suspension
 3   of an individual as the State's Commissioner.
 4      5. A Participating State's State Licensing Authority, or
 5   Authorities, as applicable, shall fill any vacancy of its
 6   Commissioner on the Commission within sixty (60) days of the
 7   vacancy.
 8      6. Each Commissioner shall be entitled to one vote on all
 9   matters that are voted upon by the Commission.
10      7. The Commission shall meet at least once during each
11   calendar year. Additional meetings may be held as set forth in
12   the bylaws. The Commission may meet by telecommunication, video
13   conference or other similar electronic means.
14      C. The Commission shall have the following powers:
15      1. Establish the fiscal year of the Commission;
16      2. Establish a code of conduct and conflict of interest
17   policies;
18      3. Adopt Rules and bylaws;
19      4. Maintain its financial records in accordance with the
20   bylaws;
21      5. Meet and take such actions as are consistent with the
22   provisions of this Compact, the Commission's Rules, and the
23   bylaws;
24      6. Initiate and conclude legal proceedings or actions in the
25   name of the Commission, provided that the standing of any State
26   Licensing Authority to sue or be sued under applicable law shall
27   not be affected;
28      7. Maintain and certify records and information provided to a
29   Participating State as the authenticated business records of the
30   Commission, and designate a person to do so on the Commission's

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 1   behalf;
 2      8. Purchase and maintain insurance and bonds;
 3      9. Borrow, accept, or contract for services of personnel,
 4   including, but not limited to, employees of a Participating
 5   State;
 6      10. Conduct an annual financial review;
 7      11. Hire employees, elect or appoint officers, fix
 8   compensation, define duties, grant such individuals appropriate
 9   authority to carry out the purposes of the Compact, and
10   establish the Commission's personnel policies and programs
11   relating to conflicts of interest, qualifications of personnel,
12   and other related personnel matters;
13      12. As set forth in the Commission Rules, charge a fee to a
14   Licensee for the grant of a Compact Privilege in a Remote State
15   and thereafter, as may be established by Commission Rule, charge
16   the Licensee a Compact Privilege renewal fee for each renewal
17   period in which that Licensee exercises or intends to exercise
18   the Compact Privilege in that Remote State. Nothing herein shall
19   be construed to prevent a Remote State from charging a Licensee
20   a fee for a Compact Privilege or renewals of a Compact
21   Privilege, or a fee for the Jurisprudence Requirement if the
22   Remote State imposes such a requirement for the grant of a
23   Compact Privilege;
24      13. Accept any and all appropriate gifts, donations, grants
25   of money, other sources of revenue, equipment, supplies,
26   materials, and services, and receive, utilize, and dispose of
27   the same; provided that at all times the Commission shall avoid
28   any appearance of impropriety and/or conflict of interest;
29      14. Lease, purchase, retain, own, hold, improve, or use any
30   property, real, personal, or mixed, or any undivided interest

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 1   therein;
 2      15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
 3   or otherwise dispose of any property real, personal, or mixed;
 4      16. Establish a budget and make expenditures;
 5      17. Borrow money;
 6      18. Appoint committees, including standing committees, which
 7   may be composed of members, State regulators, State legislators
 8   or their representatives, and consumer representatives, and such
 9   other interested persons as may be designated in this Compact
10   and the bylaws;
11      19. Provide and receive information from, and cooperate with,
12   law enforcement agencies;
13      20. Elect a Chair, Vice Chair, Secretary and Treasurer and
14   such other officers of the Commission as provided in the
15   Commission's bylaws;
16      21. Establish and elect an Executive Board;
17      22. Adopt and provide to the Participating States an annual
18   report;
19      23. Determine whether a State's enacted compact is materially
20   different from the Model Compact language such that the State
21   would not qualify for participation in the Compact; and
22      24. Perform such other functions as may be necessary or
23   appropriate to achieve the purposes of this Compact.
24      D. Meetings of the Commission
25      1. All meetings of the Commission that are not closed
26   pursuant to this subsection shall be open to the public. Notice
27   of public meetings shall be posted on the Commission's website
28   at least thirty (30) days prior to the public meeting.
29      2. Notwithstanding subsection D.1 of this section, the
30   Commission may convene an emergency public meeting by providing

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 1   at least twenty-four (24) hours prior notice on the Commission's
 2   website, and any other means as provided in the Commission's
 3   Rules, for any of the reasons it may dispense with notice of
 4   proposed rulemaking under Section 9.L. The Commission's legal
 5   counsel shall certify that one of the reasons justifying an
 6   emergency public meeting has been met.
 7      3. Notice of all Commission meetings shall provide the time,
 8   date, and location of the meeting, and if the meeting is to be
 9   held or accessible via telecommunication, video conference, or
10   other electronic means, the notice shall include the mechanism
11   for access to the meeting through such means.
12      4. The Commission may convene in a closed, non-public meeting
13   for the Commission to receive legal advice or to discuss:
14      a. Non-compliance of a Participating State with its
15   obligations under the Compact;
16      b. The employment, compensation, discipline or other matters,
17   practices or procedures related to specific employees or other
18   matters related to the Commission's internal personnel practices
19   and procedures;
20      c. Current or threatened discipline of a Licensee or Compact
21   Privilege holder by the Commission or by a Participating State's
22   Licensing Authority;
23      d. Current, threatened, or reasonably anticipated litigation;
24      e. Negotiation of contracts for the purchase, lease, or sale
25   of goods, services, or real estate;
26      f. Accusing any person of a crime or formally censuring any
27   person;
28      g. Trade secrets or commercial or financial information that
29   is privileged or confidential;
30      h. Information of a personal nature where disclosure would

20250SB0081PN0036                 - 18 -
 1   constitute a clearly unwarranted invasion of personal privacy;
 2      i. Investigative records compiled for law enforcement
 3   purposes;
 4      j. Information related to any investigative reports prepared
 5   by or on behalf of or for use of the Commission or other
 6   committee charged with responsibility of investigation or
 7   determination of compliance issues pursuant to the Compact;
 8      k. Legal advice;
 9      l. Matters specifically exempted from disclosure to the
10   public by federal or Participating State law; and
11      m. Other matters as promulgated by the Commission by Rule.
12      5. If a meeting, or portion of a meeting, is closed, the
13   presiding officer shall state that the meeting will be closed
14   and reference each relevant exempting provision, and such
15   reference shall be recorded in the minutes.
16      6. The Commission shall keep minutes that fully and clearly
17   describe all matters discussed in a meeting and shall provide a
18   full and accurate summary of actions taken, and the reasons
19   therefore, including a description of the views expressed. All
20   documents considered in connection with an action shall be
21   identified in such minutes. All minutes and documents of a
22   closed meeting shall remain under seal, subject to release only
23   by a majority vote of the Commission or order of a court of
24   competent jurisdiction.
25      E. Financing of the Commission
26      1. The Commission shall pay, or provide for the payment of,
27   the reasonable expenses of its establishment, organization, and
28   ongoing activities.
29      2. The Commission may accept any and all appropriate sources
30   of revenue, donations, and grants of money, equipment, supplies,

20250SB0081PN0036                 - 19 -
 1   materials, and services.
 2      3. The Commission may levy on and collect an annual
 3   assessment from each Participating State and impose fees on
 4   Licensees of Participating States when a Compact Privilege is
 5   granted, to cover the cost of the operations and activities of
 6   the Commission and its staff, which must be in a total amount
 7   sufficient to cover its annual budget as approved each fiscal
 8   year for which sufficient revenue is not provided by other
 9   sources. The aggregate annual assessment amount for
10   Participating States shall be allocated based upon a formula
11   that the Commission shall promulgate by Rule.
12      4. The Commission shall not incur obligations of any kind
13   prior to securing the funds adequate to meet the same; nor shall
14   the Commission pledge the credit of any Participating State,
15   except by and with the authority of the Participating State.
16      5. The Commission shall keep accurate accounts of all
17   receipts and disbursements. The receipts and disbursements of
18   the Commission shall be subject to the financial review and
19   accounting procedures established under its bylaws. All receipts
20   and disbursements of funds handled by the Commission shall be
21   subject to an annual financial review by a certified or licensed
22   public accountant, and the report of the financial review shall
23   be included in and become part of the annual report of the
24   Commission.
25      F. The Executive Board
26      1. The Executive Board shall have the power to act on behalf
27   of the Commission according to the terms of this Compact. The
28   powers, duties, and responsibilities of the Executive Board
29   shall include:
30      a. Overseeing the day-to-day activities of the administration

20250SB0081PN0036                 - 20 -
 1   of the Compact including compliance with the provisions of the
 2   Compact, the Commission's Rules and bylaws;
 3      b. Recommending to the Commission changes to the Rules or
 4   bylaws, changes to this Compact legislation, fees charged to
 5   Compact Participating States, fees charged to Licensees, and
 6   other fees;
 7      c. Ensuring Compact administration services are appropriately
 8   provided, including by contract;
 9      d. Preparing and recommending the budget;
10      e. Maintaining financial records on behalf of the Commission;
11      f. Monitoring Compact compliance of Participating States and
12   providing compliance reports to the Commission;
13      g. Establishing additional committees as necessary;
14      h. Exercising the powers and duties of the Commission during
15   the interim between Commission meetings, except for adopting or
16   amending Rules, adopting or amending bylaws, and exercising any
17   other powers and duties expressly reserved to the Commission by
18   Rule or bylaw; and
19      i. Other duties as provided in the Rules or bylaws of the
20   Commission.
21      2. The Executive Board shall be composed of up to seven (7)
22   members:
23      a. The Chair, Vice Chair, Secretary and Treasurer of the
24   Commission and any other members of the Commission who serve on
25   the Executive Board shall be voting members of the Executive
26   Board; and
27      b. Other than the Chair, Vice Chair, Secretary, and
28   Treasurer, the Commission may elect up to three (3) voting
29   members from the current membership of the Commission.
30      3. The Commission may remove any member of the Executive

20250SB0081PN0036                 - 21 -
 1   Board as provided in the Commission's bylaws.
 2        4. The Executive Board shall meet at least annually.
 3        a. An Executive Board meeting at which it takes or intends to
 4   take formal action on a matter shall be open to the public,
 5   except that the Executive Board may meet in a closed, non-public
 6   session of a public meeting when dealing with any of the matters
 7   covered under subsection D.4.
 8        b. The Executive Board shall give five (5) business days'
 9   notice of its public meetings, posted on its website and as it
10   may otherwise determine to provide notice to persons with an
11   interest in the public matters the Executive Board intends to
12   address at those meetings.
13        5. The Executive Board may hold an emergency meeting when
14   acting for the Commission to:
15        a. Meet an imminent threat to public health, safety, or
16   welfare;
17        b. Prevent a loss of Commission or Participating State funds;
18   or
19        c. Protect public health and safety.
20        G. Qualified Immunity, Defense, and Indemnification
21        1. The members, officers, executive director, employees and
22   representatives of the Commission shall be immune from suit and
23   liability, both personally and in their official capacity, for
24   any claim for damage to or loss of property or personal injury
25   or other civil liability caused by or arising out of any actual
26   or alleged act, error, or omission that occurred, or that the
27   person against whom the claim is made had a reasonable basis for
28   believing occurred within the scope of Commission employment,
29   duties or responsibilities; provided that nothing in this
30   paragraph shall be construed to protect any such person from

20250SB0081PN0036                    - 22 -
 1   suit or liability for any damage, loss, injury, or liability
 2   caused by the intentional or willful or wanton misconduct of
 3   that person. The procurement of insurance of any type by the
 4   Commission shall not in any way compromise or limit the immunity
 5   granted hereunder.
 6      2. The Commission shall defend any member, officer, executive
 7   director, employee, and representative of the Commission in any
 8   civil action seeking to impose liability arising out of any
 9   actual or alleged act, error, or omission that occurred within
10   the scope of Commission employment, duties, or responsibilities,
11   or as determined by the Commission that the person against whom
12   the claim is made had a reasonable basis for believing occurred
13   within the scope of Commission employment, duties, or
14   responsibilities; provided that nothing herein shall be
15   construed to prohibit that person from retaining their own
16   counsel at their own expense; and provided further, that the
17   actual or alleged act, error, or omission did not result from
18   that person's intentional or willful or wanton misconduct.
19      3. Notwithstanding subsection G.1 of this section, should any
20   member, officer, executive director, employee, or representative
21   of the Commission be held liable for the amount of any
22   settlement or judgment arising out of any actual or alleged act,
23   error, or omission that occurred within the scope of that
24   individual's employment, duties, or responsibilities for the
25   Commission, or that the person to whom that individual is liable
26   had a reasonable basis for believing occurred within the scope
27   of the individual's employment, duties, or responsibilities for
28   the Commission, the Commission shall indemnify and hold harmless
29   such individual, provided that the actual or alleged act, error,
30   or omission did not result from the intentional or willful or

20250SB0081PN0036                 - 23 -
 1   wanton misconduct of the individual.
 2      4. Nothing herein shall be construed as a limitation on the
 3   liability of any Licensee for professional malpractice or
 4   misconduct, which shall be governed solely by any other
 5   applicable State laws.
 6      5. Nothing in this Compact shall be interpreted to waive or
 7   otherwise abrogate a Participating State's state action immunity
 8   or state action affirmative defense with respect to antitrust
 9   claims under the Sherman Act, Clayton Act, or any other State or
10   federal antitrust or anticompetitive law or regulation.
11      6. Nothing in this Compact shall be construed to be a waiver
12   of sovereign immunity by the Participating States or by the
13   Commission.
14   SECTION 8. DATA SYSTEM
15      A. The Commission shall provide for the development,
16   maintenance, operation, and utilization of a coordinated
17   database and reporting system containing licensure, Adverse
18   Action, and the presence of Significant Investigative
19   Information on all Licensees and applicants for a License in
20   Participating States.
21      B. Notwithstanding any other provision of State law to the
22   contrary, a Participating State shall submit a uniform data set
23   to the Data System on all individuals to whom this Compact is
24   applicable as required by the Rules of the Commission,
25   including:
26      1. Identifying information;
27      2. Licensure data;
28      3. Adverse Actions against a Licensee, License applicant or
29   Compact Privilege and information related thereto;
30      4. Non-confidential information related to Alternative

20250SB0081PN0036                 - 24 -
 1   Program participation, the beginning and ending dates of such
 2   participation, and other information related to such
 3   participation;
 4      5. Any denial of an application for licensure, and the
 5   reason(s) for such denial, (excluding the reporting of any
 6   criminal history record information where prohibited by law);
 7      6. The presence of Significant Investigative Information; and
 8      7. Other information that may facilitate the administration
 9   of this Compact or the protection of the public, as determined
10   by the Rules of the Commission.
11      C. The records and information provided to a Participating
12   State pursuant to this Compact or through the Data System, when
13   certified by the Commission or an agent thereof, shall
14   constitute the authenticated business records of the Commission,
15   and shall be entitled to any associated hearsay exception in any
16   relevant judicial, quasi-judicial or administrative proceedings
17   in a Participating State.
18      D. Significant Investigative Information pertaining to a
19   Licensee in any Participating State will only be available to
20   other Participating States.
21      E. It is the responsibility of the Participating States to
22   monitor the database to determine whether Adverse Action has
23   been taken against a Licensee or License applicant. Adverse
24   Action information pertaining to a Licensee or License applicant
25   in any Participating State will be available to any other
26   Participating State.
27      F. Participating States contributing information to the Data
28   System may designate information that may not be shared with the
29   public without the express permission of the contributing State.
30      G. Any information submitted to the Data System that is

20250SB0081PN0036                  - 25 -
 1   subsequently expunged pursuant to federal law or the laws of the
 2   Participating State contributing the information shall be
 3   removed from the Data System.
 4   SECTION 9. RULEMAKING
 5      A. The Commission shall promulgate reasonable Rules in order
 6   to effectively and efficiently implement and administer the
 7   purposes and provisions of the Compact. A Commission Rule shall
 8   be invalid and have no force or effect only if a court of
 9   competent jurisdiction holds that the Rule is invalid because
10   the Commission exercised its rulemaking authority in a manner
11   that is beyond the scope and purposes of the Compact, or the
12   powers granted hereunder, or based upon another applicable
13   standard of review.
14      B. The Rules of the Commission shall have the force of law in
15   each Participating State, provided however that where the Rules
16   of the Commission conflict with the laws of the Participating
17   State that establish the Participating State's Scope of Practice
18   as held by a court of competent jurisdiction, the Rules of the
19   Commission shall be ineffective in that State to the extent of
20   the conflict.
21      C. The Commission shall exercise its Rulemaking powers
22   pursuant to the criteria set forth in this section and the Rules
23   adopted thereunder. Rules shall become binding as of the date
24   specified by the Commission for each Rule.
25      D. If a majority of the legislatures of the Participating
26   States rejects a Commission Rule or portion of a Commission
27   Rule, by enactment of a statute or resolution in the same manner
28   used to adopt the Compact, within four (4) years of the date of
29   adoption of the Rule, then such Rule shall have no further force
30   and effect in any Participating State or to any State applying

20250SB0081PN0036                    - 26 -
 1   to participate in the Compact.
 2      E. Rules shall be adopted at a regular or special meeting of
 3   the Commission.
 4      F. Prior to adoption of a proposed Rule, the Commission shall
 5   hold a public hearing and allow persons to provide oral and
 6   written comments, data, facts, opinions, and arguments.
 7      G. Prior to adoption of a proposed Rule by the Commission,
 8   and at least thirty (30) days in advance of the meeting at which
 9   the Commission will hold a public hearing on the proposed Rule,
10   the Commission shall provide a Notice of Proposed Rulemaking:
11      1. On the website of the Commission or other publicly
12   accessible platform;
13      2. To persons who have requested notice of the Commission's
14   notices of proposed rulemaking, and
15      3. In such other way(s) as the Commission may by Rule
16   specify.
17      H. The Notice of Proposed Rulemaking shall include:
18      1. The time, date, and location of the public hearing at
19   which the Commission will hear public comments on the proposed
20   Rule and, if different, the time, date, and location of the
21   meeting where the Commission will consider and vote on the
22   proposed Rule;
23      2. If the hearing is held via telecommunication, video
24   conference, or other electronic means, the Commission shall
25   include the mechanism for access to the hearing in the Notice of
26   Proposed Rulemaking;
27      3. The text of the proposed Rule and the reason therefor;
28      4. A request for comments on the proposed Rule from any
29   interested person; and
30      5. The manner in which interested persons may submit written

20250SB0081PN0036                 - 27 -
 1   comments.
 2      I. All hearings will be recorded. A copy of the recording and
 3   all written comments and documents received by the Commission in
 4   response to the proposed Rule shall be available to the public.
 5      J. Nothing in this section shall be construed as requiring a
 6   separate hearing on each Commission Rule. Rules may be grouped
 7   for the convenience of the Commission at hearings required by
 8   this section.
 9      K. The Commission shall, by majority vote of all
10   Commissioners, take final action on the proposed Rule based on
11   the rulemaking record.
12      1. The Commission may adopt changes to the proposed Rule
13   provided the changes do not enlarge the original purpose of the
14   proposed Rule.
15      2. The Commission shall provide an explanation of the reasons
16   for substantive changes made to the proposed Rule as well as
17   reasons for substantive changes not made that were recommended
18   by commenters.
19      3. The Commission shall determine a reasonable effective date
20   for the Rule. Except for an emergency as provided in subsection
21   L, the effective date of the Rule shall be no sooner than thirty
22   (30) days after the Commission issuing the notice that it
23   adopted or amended the Rule.
24      L. Upon determination that an emergency exists, the
25   Commission may consider and adopt an emergency Rule with 24
26   hours' notice, with opportunity to comment, provided that the
27   usual rulemaking procedures provided in the Compact and in this
28   section shall be retroactively applied to the Rule as soon as
29   reasonably possible, in no event later than ninety (90) days
30   after the effective date of the Rule. For the purposes of this

20250SB0081PN0036                   - 28 -
 1   provision, an emergency Rule is one that must be adopted
 2   immediately in order to:
 3      1. Meet an imminent threat to public health, safety, or
 4   welfare;
 5      2. Prevent a loss of Commission or Participating State funds;
 6      3. Meet a deadline for the promulgation of a Rule that is
 7   established by federal law or rule; or
 8      4. Protect public health and safety.
 9      M. The Commission or an authorized committee of the
10   Commission may direct revisions to a previously adopted Rule for
11   purposes of correcting typographical errors, errors in format,
12   errors in consistency, or grammatical errors. Public notice of
13   any revisions shall be posted on the website of the Commission.
14   The revision shall be subject to challenge by any person for a
15   period of thirty (30) days after posting. The revision may be
16   challenged only on grounds that the revision results in a
17   material change to a Rule. A challenge shall be made in writing
18   and delivered to the Commission prior to the end of the notice
19   period. If no challenge is made, the revision will take effect
20   without further action. If the revision is challenged, the
21   revision may not take effect without the approval of the
22   Commission.
23      N. No Participating State's rulemaking requirements shall
24   apply under this Compact.
25   SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
26      A. Oversight
27      1. The executive and judicial branches of State government in
28   each Participating State shall enforce this Compact and take all
29   actions necessary and appropriate to implement the Compact.
30      2. Venue is proper and judicial proceedings by or against the

20250SB0081PN0036                 - 29 -
 1   Commission shall be brought solely and exclusively in a court of
 2   competent jurisdiction where the principal office of the
 3   Commission is located. The Commission may waive venue and
 4   jurisdictional defenses to the extent it adopts or consents to
 5   participate in alternative dispute resolution proceedings.
 6   Nothing herein shall affect or limit the selection or propriety
 7   of venue in any action against a Licensee for professional
 8   malpractice, misconduct or any such similar matter.
 9      3. The Commission shall be entitled to receive service of
10   process in any proceeding regarding the enforcement or
11   interpretation of the Compact or Commission Rule and shall have
12   standing to intervene in such a proceeding for all purposes.
13   Failure to provide the Commission service of process shall
14   render a judgment or order void as to the Commission, this
15   Compact, or promulgated Rules.
16      B. Default, Technical Assistance, and Termination
17      1. If the Commission determines that a Participating State
18   has defaulted in the performance of its obligations or
19   responsibilities under this Compact or the promulgated Rules,
20   the Commission shall provide written notice to the defaulting
21   State. The notice of default shall describe the default, the
22   proposed means of curing the default, and any other action that
23   the Commission may take, and shall offer training and specific
24   technical assistance regarding the default.
25      2. The Commission shall provide a copy of the notice of
26   default to the other Participating States.
27      C. If a State in default fails to cure the default, the
28   defaulting State may be terminated from the Compact upon an
29   affirmative vote of a majority of the Commissioners, and all
30   rights, privileges and benefits conferred on that State by this

20250SB0081PN0036                 - 30 -
 1   Compact may be terminated on the effective date of termination.
 2   A cure of the default does not relieve the offending State of
 3   obligations or liabilities incurred during the period of
 4   default.
 5      D. Termination of participation in the Compact shall be
 6   imposed only after all other means of securing compliance have
 7   been exhausted. Notice of intent to suspend or terminate shall
 8   be given by the Commission to the governor, the majority and
 9   minority leaders of the defaulting State's legislature, the
10   defaulting State's State Licensing Authority or Authorities, as
11   applicable, and each of the Participating States' State
12   Licensing Authority or Authorities, as applicable.
13      E. A State that has been terminated is responsible for all
14   assessments, obligations, and liabilities incurred through the
15   effective date of termination, including obligations that extend
16   beyond the effective date of termination.
17      F. Upon the termination of a State's participation in this
18   Compact, that State shall immediately provide notice to all
19   Licensees of the State, including Licensees of other
20   Participating States issued a Compact Privilege to practice
21   within that State, of such termination. The terminated State
22   shall continue to recognize all Compact Privileges then in
23   effect in that State for a minimum of one hundred eighty (180)
24   days after the date of said notice of termination.
25      G. The Commission shall not bear any costs related to a State
26   that is found to be in default or that has been terminated from
27   the Compact, unless agreed upon in writing between the
28   Commission and the defaulting State.
29      H. The defaulting State may appeal the action of the
30   Commission by petitioning the U.S. District Court for the

20250SB0081PN0036                 - 31 -
 1   District of Columbia or the federal district where the
 2   Commission has its principal offices. The prevailing party shall
 3   be awarded all costs of such litigation, including reasonable
 4   attorney's fees.
 5      I. Dispute Resolution
 6      1. Upon request by a Participating State, the Commission
 7   shall attempt to resolve disputes related to the Compact that
 8   arise among Participating States and between Participating
 9   States and non-Participating States.
10      2. The Commission shall promulgate a Rule providing for both
11   mediation and binding dispute resolution for disputes as
12   appropriate.
13      J. Enforcement
14      1. The Commission, in the reasonable exercise of its
15   discretion, shall enforce the provisions of this Compact and the
16   Commission's Rules.
17      2. By majority vote, the Commission may initiate legal action
18   against a Participating State in default in the United States
19   District Court for the District of Columbia or the federal
20   district where the Commission has its principal offices to
21   enforce compliance with the provisions of the Compact and its
22   promulgated Rules. The relief sought may include both injunctive
23   relief and damages. In the event judicial enforcement is
24   necessary, the prevailing party shall be awarded all costs of
25   such litigation, including reasonable attorney's fees. The
26   remedies herein shall not be the exclusive remedies of the
27   Commission. The Commission may pursue any other remedies
28   available under federal or the defaulting Participating State's
29   law.
30      3. A Participating State may initiate legal action against

20250SB0081PN0036                 - 32 -
 1   the Commission in the U.S. District Court for the District of
 2   Columbia or the federal district where the Commission has its
 3   principal offices to enforce compliance with the provisions of
 4   the Compact and its promulgated Rules. The relief sought may
 5   include both injunctive relief and damages. In the event
 6   judicial enforcement is necessary, the prevailing party shall be
 7   awarded all costs of such litigation, including reasonable
 8   attorney's fees.
 9      4. No individual or entity other than a Participating State
10   may enforce this Compact against the Commission.
11   SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
12      A. The Compact shall come into effect on the date on which
13   the Compact statute is enacted into law in the seventh
14   Participating State.
15      1. On or after the effective date of the Compact, the
16   Commission shall convene and review the enactment of each of the
17   States that enacted the Compact prior to the Commission
18   convening ("Charter Participating States") to determine if the
19   statute enacted by each such Charter Participating State is
20   materially different than the Model Compact.
21      a. A Charter Participating State whose enactment is found to
22   be materially different from the Model Compact shall be entitled
23   to the default process set forth in Section 10.
24      b. If any Participating State is later found to be in
25   default, or is terminated or withdraws from the Compact, the
26   Commission shall remain in existence and the Compact shall
27   remain in effect even if the number of Participating States
28   should be less than seven (7).
29      2. Participating States enacting the Compact subsequent to
30   the Charter Participating States shall be subject to the process

20250SB0081PN0036                 - 33 -
 1   set forth in Section 7.C.23 to determine if their enactments are
 2   materially different from the Model Compact and whether they
 3   qualify for participation in the Compact.
 4      3. All actions taken for the benefit of the Commission or in
 5   furtherance of the purposes of the administration of the Compact
 6   prior to the effective date of the Compact or the Commission
 7   coming into existence shall be considered t

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