HF 656 — A bill for an act establishing the dentist and dental hygienist compact.

Encumbered“Encumbered licenselicense” - means a license that a state licensing authority has limited in any way other than through an alternative program.

Executive“Executive boardboard” -meansmeans the chair, vice chair, secretary, and treasurer, and any other commissioners as may be determined by commission rule or bylaw.

P.p.

Jurisprudence“Jurisprudence requirementrequirement” - means the assessment of an individual'sindividual’s knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.

~License“License” -meansmeans 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.

-Licensee“Licensee” -meansmeans an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.

s.Models. compact -means 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.

“Model compact” means 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.

Participating“Participating statestate” - means a state that has enacted the compact and been admitted to the commission in accordance with the provisions of the compact and commission rules.

U.u.

~Qualifying“Qualifying licenselicense” - means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.

V.v.

Remote“Remote statestate” - 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.

Rule“Rule” -meansmeans a regulation promulgated by an entity that has the force of law.

X.x.

"Scope“Scope of practicepractice” - 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.

Significant“Significant investigative informationinformation” -meansmeans 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 an adverse action against the licensee.

-State-“State” means a state, commonwealth, district, or territory of the United States that regulates the practices of dentistry and dental hygiene.

-State“State licensing authorityauthority” -meansmeans an agency or other entity of a state that is responsible for the licensing and regulation of dentists or dental hygienists.

(2) Participate fully in the commission'scommission’s data system.

If a remote state has a House File 656, pp. .

(2) Be eligible for a compact privilege in any remote state in accordance with paragraphs -d",“d”, -g“g”, -, and h“h”. -.

(5) Meet any jurisprudence requirement established by a remote state iin n which the licensee is seeking a compact privilege.

(10) Report to the commission any adverse action taken by any nonparticipating state when applying for a compact privilege and otherwise within thirty days from the date the adverse action iis s taken.

House File 656, pp. .

8 (11) Report to the commission when applying for a compact privilege the address of the licensee'slicensee’s primary residence and thereafter immediately report to the commission any change in the address of the licensee'slicensee’s primary residence.

(12) Consent to accept service of process by mail at the licensee'slicensee’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'slicensee’s primary residence on record with the commission with respect to any action brought or investigation conducted by the commission or a participating state.

The licensee must comply with the requirements in paragraph â“a” to maintain the compact privilege in the remote state.

A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to that state'sstate’s regulatory authority.

A remote state may, in accordance with due process and that state'sstate’s laws, by adverse action revoke or remove a licensee'slicensee’s compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.

Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of paragraph “a” to obtain a compact privilege in a remote state.

If a licensee'slicensee’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 both of the following occur:

Once the requirements of paragraph 9“g” - have been met, the licensee must meet the requirements of paragraph â“a” - to obtain a compact privilege in a remote state.

Nothing in this compact shall override a participating state'sstate’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by House File 656, p.

10 the participating state'sstate’s laws.

(1) Take adverse actions as set forth in subsection 44, , paragraph "d“d”, -, against a licensee'slicensee’s compact privilege in the state.

(2) In furtherance of its rights and responsibilities under the compact and commission'scommission’s rules, issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence.

(1) After a licensee'slicensee’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 subsection 88, , paragraph b“b”, -, subparagraph (6), as if it was significant investigative information.

The commission shall come into existence on or after the effective date of the compact as set forth in subsection 11, paragraph â“a”. -.

(1) Each participating state shall have and be limited to one commissioner selected by the participating state'sstate’s state licensing authority or, if the state has more than one state licensing authority, selected collectively by the state licensing authorities.

(4) The commission may recommend to a state licensing authority or authorities, as applicable, removal or suspension of an individual as the state'sstate’s commissioner.

(5) A participating statesstate’s state licensing authority House File 656, p.

(5) Meet and take such actions as are consistent with the provisions of this compact, the commission'scommission’s rules, and the bylaws.

(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'scommission’s behalf.

(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'scommission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(20) Elect a chair, vice chair, secretary, and treasurer, and such other officers of the commission as provided in the commission'scommission’s bylaws.

(23) Determine whether a statesstate’s enacted compact is materially different from the model compact language such that the state would not qualify for participation in the compact.

House File 656, P.p.

Notice of public meetings shall be posted on the commission'scommission’s internet site at least thirty days prior to the public meeting.

(2) Notwithstanding subparagraph (1), the commission may convene an emergency public meeting by providing at least twenty-four hours prior notice on the commission'scommission’s internet site, and any other means as provided in the commission'scommission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under subsection 99, , paragraph -1'.“l”.

The commission'scommission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

(b) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission'scommission’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'sstate’s licensing authority.

(1)(l) Matters specifically exempted from disclosure to the public by federal or participating state law.

(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 House File 656, pp. .

(a) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission'scommission’s rules, and bylaws.

17 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 ror bylaw.

(3) The commission may remove any member of the executive board as provided in the commission'scommission’s bylaws.

(a) An executive board meeting at whichtwhich 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, nonpublic session of a public meeting when dealing with any of the matters covered under paragraph d~,“d”, subparagraph ().(4).

(b) The executive board shall give five business days'days’ notice of its public meetings, posted on its internet site 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.

Qualified immunity, defense, and indemnification,indemnification. (1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit House File 656, p.

(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit House File 656, p.

provided that nothing in this paragraph shall be construed to prohibit that person from retaining counsel at that person'sperson’s own expense;

and provided further that the actual or alleged act, error, or omission did not result from that person'sperson’s intentional, willful, or wanton misconduct.

(3) Notwithstanding subparagraph (1), 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'sindividual’s employment, duties, or responsibilities for the commission, or that the person to whom the individual is liable had a reasonable basis for believing occurred within the scope of the individual'sindividual’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, House File 656, p.

(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state'sstate’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.

21 participating state that establish the participating state'sstate’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.

q.g.

(2) To persons who have requested notice of the commission'scommission’s notices of proposed rulemaking.

j,j. Nothing in this subsection shall be construed as requiring a separate hearing on each commission rule.

Nothing in this subsection shall be construed as requiring a separate hearing on each commission rule.

()(3) The commission shall determine a reasonable effective date for the rule.

Except for an emergency as provided in paragraph 71-,“l”, the effective date of the rule shall be no sooner than thirty days after the commission issuing the notice that it adopted or amended the rule.

1.l.

Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with twenty-four hours"hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, but in no event later than ninety days after the effective date of the rule.

No participating state'sstate’s rulemaking requirements shall apply under this compact.

Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting statesstate’s legislature, the defaulting state'sstate’s state licensing authority or authorities, as applicable, and each of the participating states"states’ state licensing authority or authorities, as applicable.

Upon the termination of a state'sstate’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.

Dispute resolution.

(1)j. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commissions rules.

Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.

The commission may pursue any other remedies available under federal or the defaulting participating statesstate’s law.

(2) Participating states enacting the compact subsequent to the charter participating states shall be subject to the process set forth in subsection 77, , paragraph -c-,“c”, subparagraph (23), to determine if their enactments are materially different from the model compact and whether they qualify for House File 656, p.

(4) Any state that joins the compact subsequent to the commission'scommission’s initial adoption of the rules and bylaws shall be subject to the commission'scommission’s rules and bylaws as they exist on the date on which the compact becomes law in that state.

b,b. Any participating state may withdraw from this compact by enacting a statute repealing the state's enactment of the compact.

(1)Any A participating state'sstate withdrawalmay shallwithdraw notfrom takethis effectcompact untilby oneenacting hundreda eightystatute daysrepealing afterthe state’s enactment of the repealingcompact. statute.

(2)(1) WithdrawalA shallparticipating notstate’s affectwithdrawal theshall continuingnot requirementtake ofeffect theuntil withdrawingone state'shundred licensingeighty authoritydays orafter authoritiesenactment to comply with the investigative and adverse action reporting requirements of this compact prior to the effectiverepealing datestatute. of withdrawal.

(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.

This compact and the commission'scommission’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'scommission’s rulemaking authority solely for those purposes.

Notwithstanding paragraph b“b”, -, the commission may deny a state'sstate’s participation in the compact or, in accordance with the requirements of subsection 10, paragraph -b-,“b”, terminate a participating state'sstate’s participation in the compact, if it determines that a constitutional requirement of a participating state is a material departure from the compact.

______________________________ ______________________________ PAT GRASSLEY AMY SINCLSINCLAIR Speaker of the//Housethe PresidenHouse 'ofPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 656, Ninetieth General Assembly.

h______________________________ /2MEGHAN 0•WL-" MEGH•N NELSON ChiChief Clerk of the House Approved o_______________, IA2023 5______________________________ KIM 'EYNOLDSREYNOLDS Governor