Summary:

 House Bill 441 (HB441) relates to intergovernmental agreements by enacting the Dentist and Dental Hygienist Interstate Compact   

Legislation Overview:

 House Bill 441 (HB441) -The purposes of the Dentist and Dental Hygienist 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 a participating state in regulating the practice of dentistry and dental hygiene within participating states; and
 J.  facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene." 
In order to join the Compact and thereafter continue as a participating state, a state shall: (1)  enact a Compact that is not materially different from the model Compact as determined in accordance with Comission rules; (2)  participate fully in the Comission's data system; (3)  have a mechanism in place for receiving and investigating complaints about licensees and license applicants; (4)  notify the Comission, in compliance with the terms of the Compact and Comission rules, of any adverse action or the availability of significant investigative information regarding a licensee or license applicant; and 
Also, fully implement a background check requirement, comply with Comission rules, accept the national board examinations of the joint Comission on national dental examinations, and accept licensure from accredited dental and dental hygienist organizations, complete a required clinical assessment, have continue education requirements, and pay Comission fees as required in Compact rules. 
Compact privileges are defined including licensure, submittal of an application, and compliance with other Comission rules to meet Compact licensure in a remote state.
An active military member or an active military member's spouse shall not be required to pay to the Comission for a Compact privilege the fee otherwise charged by the Comission.  
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. 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 an adverse action.
The participating states will create and establish a joint government agency whose membership consists of all participating states that have enacted the Compact.  The "dentist and dental hygienist Compact Comission" is an instrumentality of the participating states acting jointly and not an instrumentality of any one state.  
The Comission shall come into existence on or after the effective date of the Compact, which is the date on which the Compact statute is enacted into law in the seventh participating state.
The following conditions apply for participation, in part: 
(1)  each participating state shall have one Comissioner selected by the participating state's state licensing authority or, if the participating state has more than one state licensing authority, selected collectively by those state licensing authorities; (2)  a Comissioner shall be a member or designee of the state licensing authority that selected the Comissioner; (3)  the Comission may by rule or bylaw establish a term of office for Comissioners and by rule or bylaw establish term limits.
The Comission may, in part: (1)  establish the fiscal year of the Comission; (2)  establish 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 and the Comission's rules and bylaws, and charge fees of its members and licensees. 
Other powers of the Comission are included in the Act. 
The Comission shall provide for the development, maintenance, operation and use of a coordinated database and reporting system containing licensure and adverse action information and significant investigative information on all licensees and applicants for a license in participating states.  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 Comission, including: (1)  identifying information; (2)  licensure data; (3)  adverse actions against a licensee, license applicant or Compact privilege and related information.
The Comission shall promulgate reasonable rules to effectively and efficiently implement and administer the purposes and provisions of the Compact.  A Comission rule shall be invalid and have no force or effect only if a competent jurisdiction holds that the rule is invalid because the Comission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact or the powers granted in the Compact or based upon another applicable standard of review. Prior to adoption of a proposed rule, and at least thirty days in advance of the meeting at which the Comission will hold a public hearing on the proposed rule, the Comission shall provide a notice of proposed rulemaking.
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. If the Comission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules of the Comission, the Comission shall provide written notice to the defaulting state.
The Act contains a construction and severability Section. Nothing in the Compact shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with the Compact.