SB 988 — Establishes the Dentist and Dental Hygienist Compact

SECOND4727S.02C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

988 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYamend SENATORchapter BROWN332, (26).RSMo, by adding thereto one new section relating to licensure of dentists and dental hygienists.

4727S.01I KRISTINAMARTIN, Secretary ANACT To amend chapter 332, RSMo, by adding thereto one new section relating to licensure of dentists and dental hygienists.

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 SB 988 2 practice of dentistry and dental hygiene in the State.

SB 988 3 J.

Facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene;hygiene.

SB 988 4 H.

SB 988 5 P.

"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.

Such procedures, actions and processes and the circumstances SB 988 6 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.

SB 988 7 5.

SB 988 8 B.

Be eligible for a Compact Privilege in any Remote State in accordance with subsections D, GG, and H of this section;

SB 988 9 5.

Consent to accept service of process by mail at the Licensee's primary residence on record with the SB 988 10 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.

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 SB 988 11 specific time for removal of the Compact Privilege has passed and all encumbrance requirements are satisfied.

ADVERSE ACTIONS SB 988 12 A.

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 SB 988 13 evidence.

If the investigation yields what would be Significant Investigative Information had the Licensee continued to have a Compact Privilege in that Remote State, SB 988 14 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.

The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11A.11.A.

SB 988 15 6.

Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals SB 988 16 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;

SB 988 17 18.

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.9.M.

The Commission's legal counsel shall certify that one SB 988 18 of the reasons justifying an emergency public meeting has been met.

SB 988 19 i.

SB 988 20 3.

Overseeing the day-to-day activities of the administration of the Compact including compliance with the SB 988 21 provisions of the Compact and the Commission's Rules and bylaws;

SB 988 22 4.

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 SB 988 23 person.

SB 988 24 4.

Non-confidential information related to Alternative Program participation, the beginning and ending dates of SB 988 25 such participation, and other information related to such participation;

Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws SB 988 26 of the Participating State contributing the information shall be removed from the Data System.

The Rules of the Commission shall havepromulgate theRules force of law in eachaccordance Participating State, provided however that where the Rules of the Commission conflict with the lawsauthority ofgranted theunder Participatingthis StateCompact. 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.

All Commission Rules shall be consistent with the Constitution of the United States and, to the extent applicable, the constitutions of Participating States, and shall further the purposes and intent of this Compact.

Any Rule adopted by the Commission that exceeds the scope of the Commission's authority or is otherwise inconsistent with this Compact or applicable constitutional requirements shall be subject to challenge and determination in accordance with the dispute resolution and enforcement provisions under Section 10 of this Compact.

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.

D.

D.E.

SB 988 27 E.