HB 14 — DENTIST & DENTAL HYGIENIST COMPACT

"data system" means the commission's repository w l n d 18 of information about licensees, including examination, = = 19 licensure, investigative, compact privilege, adverse action and a l i a e r 20 alternative program;

a t m m 21 K.

"dental hygienist" means an individual who is ed tr 17e 22 licensed by a state licensing authority to practice dental wc le ns dk 1823 hygiene;

=e =a 19n ab l24 L.

"dentist" means an individual who is licensed by iu a[ e r 20 a state licensing authority to practice dentistry;

a.233413.1 t- m3 m- 21HJC/HB 14 M.

"dentist and dental hygienist compact d r e 22 commission" or "commission" means a joint government agency c e s k 23 established by this compact comprised of each state that has e a n b 24 enacted the compact and a national administrative body u [ comprised of a commissioner from each state that has enacted .232741.1 - 5 - the compact;

e t 17 Q.

"license" means current authorization by a w l n d 18 state, other than authorization pursuant to a compact = = 19 privilege, or other privilege, for an individual to practice as a l i a e r 20 a dentist or dental hygienist in that state;

a t m m 21 R.

"licensee" means an individual who holds an ed tr 17e 22 unrestricted license from a participating state to practice as wc le ns dk 1823 a dentist or dental hygienist in that state;

=e =a 19n ab l24 S.

"model compact" means the model for the dentist iu a[ e r 20 and dental hygienist compact on file with the council of state a.233413.1 t- m4 m- 21HJC/HB 14 governments or other entity as designated by the commission;

d r e 22 T.

"participating state" means a state that has c e s k 23 enacted the compact and been admitted to the commission in e a n b 24 accordance with the provisions herein and commission rules;

u [ U.

"qualifying license" means a license that is not .232741.1 - 6 - an encumbered license issued by a participating state to practice dentistry or dental hygiene;

"scope of practice" means the procedures, actions and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to e t 17 undertake those procedures, actions and processes, which may be w l n d 18 established through means including statute, regulations, case = = 19 law and other processes available to the state licensing a l i a e r 20 authority or other government agency;

a t m m 21 Y.

"significant investigative information" means ed tr 17e 22 information, records and documents received or generated by a wc le ns dk 1823 state licensing authority pursuant to an investigation for =e =a 19n ab l24 which a determination has been made that there is probable iu a[ e r 20 cause to believe that the licensee has violated a statute or a.233413.1 t- m5 m- 21HJC/HB 14 regulation that is considered more than a minor infraction for d r e 22 which the state licensing authority could pursue adverse action c e s k 23 against the licensee;

e a n b 24 Z.

"state" means any state, commonwealth, district u [ or territory of the United States of America that regulates the .232741.1 - 7 - practices of dentistry and dental hygiene;

SECTIONARTICLE 32 - State Participation in the Compact A.

(2) participate fully in the commission's data e t 17 system;

w l n d 18 (3) have a mechanism in place for receiving = = 19 and investigating complaints about its licensees and license a l i a e r 20 applicants;

a t m m 21 (4) notify the commission, in compliance with ed tr 17e 22 the terms of the compact and commission rules, of any adverse wc le ns dk 1823 action or the availability of significant investigative =e =a 19n ab l24 information regarding a licensee and license applicant;

iu a[ e r 20 (5) fully implement a criminal background a.233413.1 t- m6 m- 21HJC/HB 14 check requirement, within a time frame established by d r e 22 commission rule, by receiving the results of a qualifying c e s k 23 criminal background check;

e a n b 24 (6) comply with the commission rules u [ applicable to a participating state;

.232741.1 - 8 - (7) accept the national board examinations of the joint commission on national dental examinations or another examination accepted by commission rule as a licensure examination;

e t 17 (9) accept for licensure that applicants for a w l n d 18 dental hygienist license graduate from a dental hygiene = = 19 education program accredited by the commission on dental a l i a e r 20 accreditation or another accrediting agency recognized by the a t m m 21 United States department of education for the accreditation of ed tr 17e 22 dentistry and dental hygiene education programs;

wc le ns dk 1823 (10) require for licensure that applicants =e =a 19n ab l24 successfully complete a clinical assessment;

iu a[ e r 20 (11) have continuing professional development a.233413.1 t- m7 m- 21HJC/HB 14 requirements as a condition for license renewal;

and d r e 22 (12) pay a participation fee for the c e s k 23 commission as established by commission rule.

e a n b 24 B.

Providing alternative pathways for an individual u [ to obtain an unrestricted license does not disqualify a state .232741.1 - 9 - from participating in the compact.

e t 17 D.

A licensee of a participating state who has a w l n d 18 qualifying license in that state and does not hold an encumbered = = 19 license in any other participating state shall be issued a a l i a e r 20 compact privilege in a remote state in accordance with the terms a t m m 21 of the compact and commission rules.

If a remote state has a ed tr 17e 22 jurisprudence requirement, a compact privilege will not be wc le ns dk 1823 issued to the licensee unless the licensee has satisfied the =e =a 19n ab l24 jurisprudence requirement.

iu a[ eARTICLE r3 20 SECTION 4 - Compact Privilege a.233413.1 t- m8 m- 21HJC/HB 14 A.

To obtain and exercise the compact privilege d r e 22 under the terms and provisions of the compact, the licensee c e s k 23 shall:

e a n b 24 (1) have a qualifying license as a dentist or u [ dental hygienist in a participating state;

.232741.1 - 10 - (2) be eligible for a compact privilege in any remote state in accordance with Subsections D, G and H of this section;article;

(6) have passed a national board examination e t 17 of the joint commission on national dental examinations or w l n d 18 another examination accepted by commission rule;

= = 19 (7) for a dentist, have graduated from a a l i a e r 20 predoctoral dental education program accredited by the a t m m 21 commission on dental accreditation, or another accrediting ed tr 17e 22 agency recognized by the United States department of education wc le ns dk 1823 for the accreditation of dentistry and dental hygiene education =e =a 19n ab l24 programs, leading to the doctor of dental surgery or doctor of iu a[ e r 20 dental medicine degree;

a.233413.1 t- m9 m- 21HJC/HB 14 (8) for a dental hygienist, have graduated d r e 22 from a dental hygiene education program accredited by the c e s k 23 commission on dental accreditation or another accrediting agency e a n b 24 recognized by the United States department of education for the u [ accreditation of dentistry and dental hygiene education .232741.1 - 11 - programs;

e t 17 and w l n d 18 (12) consent to accept service of process by = = 19 mail at the licensee's primary residence on record with the a l i a e r 20 commission with respect to any action brought against the a t m m 21 licensee by the commission or a participating state and consent ed tr 17e 22 to accept service of a subpoena by mail at the licensee's wc le ns dk 1823 primary residence on record with the commission with respect to =e =a 19n ab l24 any action brought or investigation conducted by the commission iu a[ e r 20 or a participating state.

a.233413.1 t- m10 m- 21HJC/HB 14 B.

The licensee shall comply with the requirements d r e 22 of Subsection A of this sectionarticle to maintain the compact c e s k 23 privilege in the remote state, and if those requirements are e a n b 24 met, the compact privilege shall continue as long as the u [ licensee maintains a qualifying license in the state through .232741.1 - 12 - which the licensee applied for the compact privilege and pays any applicable compact privilege renewal fees.

A remote state may, in accordance with due process and that state's laws, by adverse action revoke or remove a licensee's compact privilege in the e t 17 remote state for a specific period of time and impose fines or w l n d 18 take any other necessary actions to protect the health and = = 19 safety of its citizens.

If a remote state imposes an adverse a l i a e r 20 action against a compact privilege that limits the compact a t m m 21 privilege, that adverse action applies to all compact privileges ed tr 17e 22 in all remote states.

A licensee whose compact privilege in a wc le ns dk 1823 remote state is removed for a specified period of time is not =e =a 19n ab l24 eligible for a compact privilege in any other remote state until iu a[ e r 20 the specific time for removal of the compact privilege has a.233413.1 t- m11 m- 21HJC/HB 14 passed and all encumbrance requirements are satisfied.

d r e 22 E.

If a license in a participating state is an c e s k 23 encumbered license, the licensee shall lose the compact e a n b 24 privilege in a remote state and shall not be eligible for a u [ compact privilege in any remote state until the license is no .232741.1 - 13 - longer encumbered.

Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of Subsection A of this sectionarticle to obtain a compact privilege in a remote state.

and e t 17 (2) all conditions for removal of the compact w l n d 18 privilege have been satisfied.

= = 19 H.

Once the requirements of Subsection G of this sectiona l i a e r 20 article have been met, the licensee must meet the requirements a t m m 21 in Subsection A of this sectionarticle to obtain a compact privilege in ed tr 17e 22 a remote state.

wc le ns dk 1823 SECTIONARTICLE 54 - Active Military Member or Military Spouse =e =a 19n ab l24 An active military member and the spouse of an active iu a[ e r 20 military member shall not be required to pay to the commission a.233413.1 t- m12 m- 21HJC/HB 14 for a compact privilege the fee otherwise charged by the d r e 22 commission.

If a remote state chooses to charge a fee for a c e s k 23 compact privilege, it may choose to charge a reduced fee or no e a n b 24 fee to an active military member and their spouse for a compact u [ privilege.

.232741.1ARTICLE -5 14 - SECTION 6 - Adverse Actions A.

Nothing in this compact shall override a participating state's decision that participation in an e t 17 alternative program may be used in lieu of adverse action and w l n d 18 that such participation shall remain nonpublic if required by = = 19 the participating state's laws.

Participating states must a l i a e r 20 require licensees who enter any alternative program in lieu of a t m m 21 discipline to agree not to practice pursuant to a compact ed tr 17e 22 privilege in any other participating state during the term of wc le ns dk 1823 the alternative program without prior authorization from such =e =a 19n ab l24 other participating state.

iu a[ e r 20 D.

Any participating state in which a licensee is a.233413.1 t- m13 m- 21HJC/HB 14 applying to practice or is practicing pursuant to a compact d r e 22 privilege may investigate actual or alleged violations of the c e s k 23 statutes and regulations authorizing the practice of dentistry e a n b 24 or dental hygiene in any other participating state in which the u [ dentist or dental hygienist holds a license or compact .232741.1 - 15 - privilege.

A remote state shall have the authority to take adverse actions as set forth in Subsection D of SectionArticle 43 of this compact against a licensee's compact privilege in the state.

Subpoenas issued by a state licensing authority in a participating state for the attendance and testimony of e t 17 witnesses, or the production of evidence from another w l n d 18 participating state, shall be enforced in the latter state by = = 19 any court of competent jurisdiction, according to the practice a l i a e r 20 and procedure of that court applicable to subpoenas issued in a t m m 21 proceedings pending before it.

The issuing authority shall pay ed tr 17e 22 any witness fees, travel expenses, mileage and other fees wc le ns dk 1823 required by the service statutes of the state where the =e =a 19n ab l24 witnesses or evidence are located.

iu a[ e r 20 G.

If otherwise permitted by state law, recover from a.233413.1 t- m14 m- 21HJC/HB 14 the licensee the costs of investigations and disposition of d r e 22 cases resulting from any adverse action taken against that c e s k 23 licensee.

e a n b 24 H.

The following conditions shall apply to joint u [ investigations:

.232741.1 - 16 - (1) in addition to the authority granted to a participating state by its dentist or dental hygienist licensure act or other applicable state law, a participating state may jointly investigate licensees with other participating states;

e t 17 (1) after a licensee's compact privilege in a w l n d 18 remote state is terminated, the remote state may continue an = = 19 investigation of the licensee that began when the licensee had a a l i a e r 20 compact privilege in that remote state;

and a t m m 21 (2) if the investigation yields what would be ed tr 17e 22 significant investigative information had the licensee continued wc le ns dk 1823 to have a compact privilege in that remote state, the remote =e =a 19n ab l24 state shall report the presence of such information to the data iu a[ e r 20 system as required by Paragraph (6) of Subsection B of SectionArticle 87 a.233413.1 t- m15 m- 21HJC/HB 14 of this compact as if it was significant investigative d r e 22 information.

cARTICLE e6 s k 23 SECTION 7 - Establishment and Operation of the Commission e a n b 24 A.

The compact participating states hereby create u [ and establish a joint government agency whose membership .232741.1 - 17 - consists of all participating states that have enacted the compact.

The commission shall come into existence on or after the effective date of the compact as set forth in Subsection A of SectionArticle 1110 of this compact.

(1) each participating state shall have and be limited to one commissioner selected by that participating state's state licensing authority or, if the state has more than e t 17 one state licensing authority, selected collectively by the w l n d 18 state licensing authorities;

= = 19 (2) the commissioner shall be a member or a l i a e r 20 designee of such authority or authorities;

a t m m 21 (3) the commission may by rule or bylaw ed tr 17e 22 establish a term of office for commissioners and by rule or wc le ns dk 1823 bylaw establish term limits;

=e =a 19n ab l24 (4) the commission may recommend to a state iu a[ e r 20 licensing authority or authorities, as applicable, removal or a.233413.1 t- m16 m- 21HJC/HB 14 suspension of an individual as the state's commissioner;

d r e 22 (5) a participating state's state licensing c e s k 23 authority or authorities, as applicable, shall fill any vacancy e a n b 24 of its commissioner on the commission within sixty days of the u [ vacancy;

.232741.1 - 18 - (6) each commissioner shall be entitled to one vote on all matters that are voted upon by the commission;

(4) maintain its financial records in e t 17 accordance with the bylaws;

w l n d 18 (5) meet and take such actions as are = = 19 consistent with the provisions of this compact, the commission's a l i a e r 20 rules and the bylaws;

a t m m 21 (6) initiate and conclude legal proceedings or ed tr 17e 22 actions in the name of the commission;

provided that the wc le ns dk 1823 standing of any state licensing authority to sue or be sued =e =a 19n ab l24 under applicable law shall not be affected;

iu a[ e r 20 (7) maintain and certify records and a.233413.1 t- m17 m- 21HJC/HB 14 information provided to a participating state as the d r e 22 authenticated business records of the commission and designate a c e s k 23 person to do so on the commission's behalf;

e a n b 24 (8) purchase and maintain insurance and bonds;

u [ (9) borrow, accept or contract for services of .232741.1 - 19 - personnel, including employees of a participating state;

(12) as set forth in commission rules, charge a fee to a licensee for the grant of a compact privilege in a remote state, and thereafter, charge the licensee a compact e t 17 privilege renewal fee for each renewal period in which that w l n d 18 licensee exercises or intends to exercise the compact privilege = = 19 in that remote state;

provided that nothing herein shall be a l i a e r 20 construed to prevent a remote state from charging a licensee a a t m m 21 fee for a compact privilege or renewals of a compact privilege ed tr 17e 22 or a fee for the jurisprudence requirement if the remote state wc le ns dk 1823 imposes such a requirement for the grant of a compact privilege;

=e =a 19n ab l24 (13) accept any and all appropriate gifts, iu a[ e r 20 donations, grants of money, other sources of revenue, equipment, a.233413.1 t- m18 m- 21HJC/HB 14 supplies, materials and services;

and receive, utilize and d r e 22 dispose of the same;

provided that at all times the commission c e s k 23 shall avoid any appearance of impropriety or conflict of e a n b 24 interest;

u [ (14) lease, purchase, retain, own, hold, .232741.1 - 20 - improve or use any property, real, personal or mixed or any undivided interest therein;

(18) appoint committees, including standing committees, which may be composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be e t 17 designated in this compact and the bylaws;

w l n d 18 (19) provide and receive information from, and = = 19 cooperate with, law enforcement agencies;

a l i a e r 20 (20) elect a chair, vice chair, secretary and a t m m 21 treasurer and such other officers of the commission as provided ed tr 17e 22 in the commission's bylaws;

wc le ns dk 1823 (21) establish and elect an executive board;

=e =a 19n ab l24 (22) adopt and provide to the participating iu a[ e r 20 states an annual report;

a.233413.1 t- m19 m- 21HJC/HB 14 (23) determine whether a state's enacted d r e 22 compact is materially different from the model compact language c e s k 23 such that the state would not qualify for participation in the e a n b 24 compact;

and u [ (24) perform such other functions as may be .232741.1 - 21 - necessary or appropriate to achieve the purposes of this compact.

(2) notwithstanding Paragraph (1) of this subsection, the commission may convene an emergency public meeting by providing at least twenty-four hours prior notice on e t 17 the commission's website or any other means pursuant to the w l n d 18 commission's rules;

provided that the commission's legal counsel = = 19 certify the that the emergency public meeting was called for a a l i a e r 20 permissible reason for which it may dispense with notice of a t m m 21 proposed rulemaking under Subsection H of SectionArticle 98 of this ed tr 17e 22 compact;

wc le ns dk 1823 (3) notice of all commission meetings shall =e =a 19n ab l24 provide the time, date and location of the meeting, and if the iu a[ e r 20 meeting is to be held or accessible via telecommunication, video a.233413.1 t- m20 m- 21HJC/HB 14 conference or other electronic means, the notice shall include d r e 22 the mechanism for access to the meeting through such means;

and c e s k 23 (4) a closed, nonpublic meeting may be held e a n b 24 for the commission to receive legal advice or to discuss matters u [ including:

.232741.1 - 22 - (a) noncompliance of a participating state with its obligations under the compact;

e t 17 (e) negotiation of contracts for the w l n d 18 purchase, lease or sale of goods, services or real estate;

= = 19 (f) accusations that any person has a l i a e r 20 committed a crime or the formal censure of any person;

a t m m 21 (g) trade secrets or commercial or ed tr 17e 22 financial information that is privileged or confidential;

wc le ns dk 1823 (h) information of a personal nature =e =a 19n ab l24 where disclosure would constitute a clearly unwarranted invasion iu a[ e r 20 of personal privacy;

a.233413.1 t- m21 m- 21HJC/HB 14 (i) investigative records compiled for d r e 22 law enforcement purposes;

c e s k 23 (j) information related to any e a n b 24 investigative reports prepared by or on behalf of or for use of u [ the commission or other committee charged with responsibility of .232741.1 - 23 - investigation or determination of compliance issues pursuant to the compact;

If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and make reference to each relevant exempting provision, e t 17 and such reference shall be recorded in the minutes.

w l n d 18 F.

The commission shall keep minutes that fully and = = 19 clearly describe all matters discussed in a meeting and provide a l i a e r 20 a full and accurate summary of actions taken and the reasons a t m m 21 therefore, including a description of the views expressed, and ed tr 17e 22 all documents considered in connection with an action shall be wc le ns dk 1823 identified in such minutes and the minutes and documents of a =e =a 19n ab l24 closed meeting shall remain under seal, subject to release only iu a[ e r 20 by a majority vote of the commission or order of a court of a.233413.1 t- m22 m- 21HJC/HB 14 competent jurisdiction.

d r e 22 G.

The financing of the commission shall be carried c e s k 23 out as follows.

e a n b 24 (1) shall pay, or provide for the payment of, u [ the reasonable expenses of its establishment, organization and .232741.1 - 24 - ongoing activities;

(3) may levy on and collect an annual assessment from each participating state and impose fees on licensees of participating states when a compact privilege is granted, to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each fiscal year for which sufficient revenue is not provided by e t 17 other sources with the aggregate annual assessment amount for w l n d 18 participating states allocated based upon a formula that the = = 19 commission shall promulgate by rule;

a l i a e r 20 (4) shall not incur obligations of any kind a t m m 21 prior to securing the funds adequate to meet the same nor pledge ed tr 17e 22 the credit of any participating state, except by and with the wc le ns dk 1823 authority of the participating state;

and =e =a 19n ab l24 (5) shall keep accurate accounts of all iu a[ e r 20 receipts and disbursements, subject to the financial review and a.233413.1 t- m23 m- 21HJC/HB 14 accounting procedures established under its bylaws and subject d r e 22 to an annual financial review by a certified or licensed public c e s k 23 accountant, the report of which shall be included in the annual e a n b 24 report of the commission.

u [ H.

The executive board shall have the power to act .232741.1 - 25 - on behalf of the commission according to the terms of this compact.

(3) ensuring compact administration services e t 17 are appropriately provided, including by contract;

w l n d 18 (4) preparing and recommending the budget;

= = 19 (5) maintaining financial records on behalf of a l i a e r 20 the commission;

a t m m 21 (6) monitoring compact compliance of ed tr 17e 22 participating states and providing compliance reports to the wc le ns dk 1823 commission;

=e =a 19n ab l24 (7) establishing additional committees as iu a[ e r 20 necessary;

a.233413.1 t- m24 m- 21HJC/HB 14 (8) exercising the powers and duties of the d r e 22 commission during the interim between commission meetings, c e s k 23 except for adopting or amending rules, adopting or amending e a n b 24 bylaws and exercising any other powers and duties expressly u [ reserved to the commission by rule or bylaw;

and .232741.1 - 26 - (9) other duties as provided in the rules or bylaws of the commission.

The executive board of the commission may remove any member of the executive board as provided in the e t 17 commission's bylaws.

w l n d 18 K.

The executive board of the commission shall meet = = 19 at least annually and ensure that:

a l i a e r 20 (1) meetings at which the executive board of a t m m 21 the commission takes or intends to take formal action on a ed tr 17e 22 matter be open to the public, except when dealing with any of wc le ns dk 1823 the matters covered under Paragraph (4) of Subsection D of this =e =a 19n ab l24 section;article;

and iu a[ e r 20 (2) five business days' notice of public a.233413.1 t- m25 m- 21HJC/HB 14 meetings are provided, by posting notice on its website and as d r e 22 it may otherwise determine to provide notice to persons with an c e s k 23 interest in the public matters the executive board intends to e a n b 24 address at those meetings.

u [ L.

The executive board of the commission may hold an .232741.1 - 27 - emergency meeting when acting for the commission to:

The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising e t 17 out of any actual or alleged act, error or omission that w l n d 18 occurred, or that the person against whom the claim is made had = = 19 a reasonable basis for believing occurred within the scope of a l i a e r 20 commission employment, duties or responsibilities;

provided that a t m m 21 nothing in this subsection shall be construed to protect any ed tr 17e 22 such person from suit or liability for any damage, loss, injury wc le ns dk 1823 or liability caused by the intentional or willful or wanton =e =a 19n ab l24 misconduct of that person;

and provided further that the iu a[ e r 20 procurement of insurance of any type by the commission shall not a.233413.1 t- m26 m- 21HJC/HB 14 compromise or limit the immunity granted by this subsection.

d r e 22 N.

The commission shall defend any member, officer, c e s k 23 executive director, employee or representative of the commission e a n b 24 in any civil action seeking to impose liability arising out of u [ any actual or alleged act, error or omission that occurred .232741.1 - 28 - within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities;

O.The liability of the commission within any member state shall not exceed the limits of liability set forth under the constitution and laws of e t 17 that state for state officials, employees and agents.

NotwithstandingThe the provisions of Subsection M of this section, should any member, officer, executive director, employee or representative of the commission be held liable for the amount of any settlement or judgment arising out of any actual or alleged act, error or omission that occurred within the scope of that individual's employment, duties or responsibilities for the commission, or that the person to whom e t 17 that individual is liable had a reasonable basis for believing w l n d 18 occurredcommission withinis theconsidered scopeto ofbe thean individual'sinstrumentality employment,of dutiesthe states = = 19 a l or responsibilities for the commission,purpose theof commissionany shall i a e r 20 indemnify and hold harmless such individual;action.

provideda thatl thei a te m m 21 actual or alleged act, error or omission did not result from the d r e20 22O. intentional or willful or wanton misconduct of the individual.

Notwithstanding the provisions of Subsection M of a t m m 21 this article, should any member, officer, executive director, d r e 22 employee or representative of the commission be held liable for c e s k 23 P.the amount of any settlement or judgment arising out of any e a n b 24 actual or alleged act, error or omission that occurred within u [ the scope of that individual's employment, duties or .233413.1 - 27 - HJC/HB 14 responsibilities for the commission, or that the person to whom that individual is liable had a reasonable basis for believing occurred within the scope of the individual's employment, duties or responsibilities for the commission, the commission shall indemnify and hold harmless such individual;

provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of the individual.

P.

e a n b 24 (1) construed as a limitation on the liability u [ of any licensee for professional malpractice or misconduct, .232741.1 - 29 - which shall be governed solely by any other applicable state laws;

(2) interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, the federal Clayton Act (Antitrust) or any e t 17 other state or federal antitrust or anticompetitive law or w l n d 18 regulation;

and = = 19 (3) construed to be a waiver of sovereign a l i a e r 20 immunity by the participating states or by the commission.

SECTIONa 8t m m 21 ARTICLE 7 - Data System d r e 22 A.

The commission shall provide for the development, c e s k 23 maintenance, operation and utilization of a coordinated database e a n b 24 and reporting system containing licensure, adverse action and u [ significant investigative information on all licensees and .233413.1 - 28 - HJC/HB 14 applicants for a license in participating states.

e t 17 B.

Notwithstanding any other provision of state law w l n d 18 to the contrary, a participating state shall submit a uniform = = 19 a l data set to the data system on all individuals to whom this i a e r 20 compact is applicable as required by the rules of the a t m m 21 commission, including:

d r e 22 (1) identifying information;

c e s k 23 (2) licensure data;

e a n b 24 (3) adverse actions against a licensee, u [ license applicant or compact privilege and information related .232741.1 - 30 - thereto;

(5) any denial of an application for licensure e t 17 and the reasons for such denial, excluding the reporting of any w l n d 18 criminal history record information where prohibited by law;

= = 19 (6) the presence of significant investigative a l i a e r 20 information;

and a t m m 21 (7) other information that may facilitate the d r e 22 administration of this compact or the protection of the public, c e s k 23 as determined by the rules of the commission.

e a n b 24 C.

The records and information provided to a u [ participating state pursuant to this compact or through the data .233413.1 - 29 - HJC/HB 14 system, when certified by the commission or an agent thereof, e t 17 shall constitute the authenticated business records of the w l n d 18 commission and shall be entitled to any associated hearsay = = 19 a l exception in any relevant judicial, quasi-judicial or i a e r 20 administrative proceedings in a participating state.

a t m m 21 D.

Significant investigative information pertaining d r e 22 to a licensee in any participating state will only be available c e s k 23 to other participating states.

e a n b 24 E.

It is the responsibility of the participating u [ states to monitor the database to determine whether adverse .232741.1 - 31 - action has been taken against a licensee or license applicant.

Participating states contributing information to the data system may designate information that may not be shared e t 17 with the public without the express permission of the w l n d 18 contributing state.

= = 19 G.

Any information submitted to the data system that a l i a e r 20 is subsequently expunged pursuant to federal law or the laws of a t m m 21 the participating state contributing the information shall be d r e 22 removed from the data system.

SECTIONc 9e -s Rulemakingk A.23 H.

All information provided to the commission or e a n b 24 distributed by member boards shall be confidential, filed under u [ seal and used only for investigatory or disciplinary matters;

.233413.1 - 30 - HJC/HB 14 provided that information submitted to the New Mexico board of dental health care is subject to the confidentiality and transparency requirements imposed by New Mexico law or court order.

ARTICLE 8 - Rulemaking A.

A commission rule e t 17 shall be invalid and have no force or effect only if a court of w l n d 18 competent jurisdiction holds that the rule is invalid because = = 19 a l the commission exercised its rulemaking authority in a manner i a e r 20 that is beyond the scope and purposes of the compact, or the a t m m 21 powers granted hereunder or based upon another applicable d r e 22 standard of review.

c e s k 23 B.

The rules of the commission shall have the force e a n b 24 of law in each participating state;

provided, however, that ue [t 17 where the rules of the commission conflict with the laws of the .232741.1w -l 32n -d 18 participating state that establish the participating state's = = 19 scope of practice as held by a court of competent jurisdiction, a l i a e r 20 the rules of the commission shall be ineffective in that state a t m m 21 to the extent of the conflict.

d r e 22 C.

The commission shall exercise its rulemaking c e s k 23 powers pursuant to the criteria set forth in this sectionarticle and e a n b 24 the rules adopted thereunder.

Rules shall become binding as of u [ the date specified by the commission for each rule.

.233413.1 - 31 - HJC/HB 14 D.

Rules shall be adopted at a regular or special e t 17 meeting of the commission.

w l n d 18 F.

Prior to adoption of a proposed rule, the = = 19 a l commission shall hold a public hearing and allow persons to i a e r 20 provide oral and written comments, data, facts, opinions and a t m m 21 arguments.

d r e 22 G.

Prior to adoption of a proposed rule by the c e s k 23 commission, and at least thirty days in advance of the meeting e a n b 24 at which the commission will hold a public hearing on the ue [t 17 proposed rule, the commission shall provide a notice of proposed .232741.1w -l 33n -d 18 rulemaking:

= = 19 (1) on the website of the commission or other a l i a e r 20 publicly accessible platform;

a t m m 21 (2) to persons who have requested notice of d r e 22 the commission's notices of proposed rulemaking;

and c e s k 23 (3) in such other ways as the commission may e a n b 24 by rule specify.

u [ H.

.233413.1 - 32 - HJC/HB 14 (1) the time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rule;

(2) if the hearing is held via telecommunication, video conference or other electronic means, the commission shall include the mechanism for access to the e t 17 hearing in the notice of proposed rulemaking;

w l n d 18 (3) the text of the proposed rule and the = = 19 a l reason therefor;

i a e r 20 (4) a request for comments on the proposed a t m m 21 rule from any interested person;

and d r e 22 (5) the manner in which interested persons may c e s k 23 submit written comments.

e a n b 24 I.

A copy of the ue [t 17 recording and all written comments and documents received by the .232741.1w -l 34n -d 18 commission in response to the proposed rule shall be available = = 19 to the public.

a l i a e r 20 J.

Nothing in this sectionarticle shall be construed as a t m m 21 requiring a separate hearing on each commission rule.

Rules may d r e 22 be grouped for the convenience of the commission at hearings c e s k 23 required by this section.article.

e a n b 24 K.

The commission shall, by majority vote of all u [ commissioners, take final action on the proposed rule based on .233413.1 - 33 - HJC/HB 14 the rulemaking record.

and e t 17 (3) shall determine a reasonable effective w l n d 18 date for the rule.

Except for an emergency as provided in = = 19 a l Subsection L of this section,article, the effective date of the rule i a e r 20 shall be no sooner than thirty days after the commission issuing a t m m 21 the notice that it adopted or amended the rule.

d r e 22 L.

Upon determination that an emergency exists, the c e s k 23 commission may consider and adopt an emergency rule with twenty- e a n b 24 four hours notice, with opportunity to comment;

provided that ue [t 17 the usual rulemaking procedures provided in the compact and in .232741.1w -l 35n -d 18 this sectionarticle shall be retroactively applied to the rule as soon = = 19 as reasonably possible, in no event later than ninety days a l i a e r 20 after the effective date of the rule.

For the purposes of this a t m m 21 provision, an emergency rule is one that must be adopted d r e 22 immediately in order to:

c e s k 23 (1) meet an imminent threat to public health, e a n b 24 safety or welfare;

u [ (2) prevent a loss of commission or .233413.1 - 34 - HJC/HB 14 participating state funds;

Public notice of e t 17 any revisions shall be posted on the website of the commission.

w l n d 18 The revision shall be subject to challenge by any person for a = = 19 a l period of thirty days after posting.

The revision may be i a e r 20 challenged only on grounds that the revision results in a a t m m 21 material change to a rule.

A challenge shall be made in writing d r e 22 and delivered to the commission prior to the end of the notice c e s k 23 period.

If no challenge is made, the revision will take effect e a n b 24 without further action.

If the revision is challenged, the ue [t 17 revision may not take effect without the approval of the .232741.1w -l 36n -d 18 commission.

= = 19 N.

No participating state's rulemaking requirements a l i a e r 20 shall apply under this compact.

SECTIONa 10t m m 21 ARTICLE 9 - Oversight, Dispute Resolution and Enforcement d r e 22 A.

The executive and judicial branches of state c e s k 23 government in each participating state shall enforce this e a n b 24 compact and take all actions necessary and appropriate to u [ implement the compact.

.233413.1 - 35 - HJC/HB 14 B.

Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional e t 17 malpractice, misconduct or any such similar matter.

w l n d 18 C.

The commission shall be entitled to receive = = 19 a l service of process in any proceeding regarding the enforcement i a e r 20 or interpretation of the compact or commission rule and shall a t m m 21 have standing to intervene in such a proceeding for all d r e 22 purposes.

Failure to provide the commission service of process c e s k 23 shall render a judgment or order void as to the commission, this e a n b 24 compact or promulgated rules.

ue [t 17 D.

Default, technical assistance and termination .232741.1w -l 37n -d 18 shall be addressed by the commission.

= = 19 E.

If the commission determines that a participating a l i a e r 20 state has defaulted in the performance of its obligations or a t m m 21 responsibilities under this compact or the promulgated rules, d r e 22 the commission shall provide written notice to the defaulting c e s k 23 state.

The notice of default shall describe the default, the e a n b 24 proposed means of curing the default and any other action that u [ the commission may take and offer training and specific .233413.1 - 36 - HJC/HB 14 technical assistance regarding the default.

e t 17 A cure of the default shall not relieve the offending state of w l n d 18 obligations or liabilities incurred during the period of = = 19 a l default.

i a e r 20 H.

Termination of participation in the compact shall a t m m 21 be imposed only after all other means of securing compliance d r e 22 have been exhausted.

Notice of intent to suspend or terminate c e s k 23 shall be given by the commission to the governor, the majority e a n b 24 and minority leaders of the defaulting state's legislature, the ue [t 17 defaulting state's state licensing authority or authorities, as .232741.1w -l 38n -d 18 applicable, and each of the participating states' state = = 19 licensing authority or authorities applicable.

a l i a e r 20 I.

A state that has been terminated is responsible a t m m 21 for all assessments, obligations and liabilities incurred d r e 22 through the effective date of termination, including obligations c e s k 23 that extend beyond the effective date of termination.

e a n b 24 J.

Upon the termination of a state's participation u [ in this compact, that state shall immediately provide notice to .233413.1 - 37 - HJC/HB 14 all licensees of the state, including licensees of other participating states issued a compact privilege to practice within that state, of such termination.

The commission shall not bear any costs related to a state that is found to be in default or that has been e t 17 terminated from the compact, unless agreed upon in writing w l n d 18 between the commission and the defaulting state.

= = 19 a l L.

The defaulting state may appeal the action of the i a e r 20 commission by petitioning the United States district court for athe tDistrict mof mColumbia, 21a thefederal Districtcourt of ColumbiaNew Mexico or the federal district where the d r e 22 commission has its principal offices.

The prevailing party c e s k 23 shall be awarded all costs of such litigation, including e a n b 24 reasonable attorney fees.

ue [t 17 M.

Upon request by a participating state, the .232741.1w -l 39n -d 18 commission shall attempt to resolve disputes related to the = = 19 compact that arise among participating states and between a l i a e r 20 participating states and non-participating states.

The a t m m 21 commission shall promulgate a rule providing for both mediation d r e 22 and binding dispute resolution for disputes as appropriate.

c e s k 23 N.

Enforcement of the compact shall be conducted by e a n b 24 the commission.

The commission, in the reasonable exercise of u [ its discretion, shall enforce the provisions of this compact and .233413.1 - 38 - HJC/HB 14 the commission's rules.

By majority vote, the commission may initiate legal action against a participating state in default in the United States district court for the District of ColumbiaColumbia, a federal court of New Mexico or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules.

In the event judicial e t 17 enforcement is necessary, the prevailing party shall be awarded w l n d 18 all costs of such litigation, including reasonable attorney = = 19 a l fees.

The remedies herein shall not be the exclusive remedies i a e r 20 of the commission.

The commission may pursue any other remedies a t m m 21 available under federal or the defaulting participating state's d r e 22 law.

c e s k 23 P.

A participating state may initiate legal action e a n b 24 against the commission in the United States district court for u [ the District of Columbia or the federal district where the .232741.1 - 40 - commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules.

The relief sought may include both injunctive relief and damages.

Q.The remedies herein shall not be the exclusive remedies of the commission.

NoThe individualcommission ormay entitypursue any other thanremedies aavailable participatingunder statefederal mayor enforcethe thisdefaulting compactparticipating againststate's thelaw. commission.

SECTIONP. 11 - Effective Date, Withdrawal and Amendment A.

A participating state may initiate legal action against the commission in the United States district court for e t 17 the District of Columbia, a federal court of New Mexico or the w l n d 18 federal district where the commission has its principal offices = = 19 to enforce compliance with the provisions of the compact and its a l i a e r 20 promulgated rules.

The relief sought may include both a t m m 21 injunctive relief and damages.

In the event judicial d r e 22 enforcement is necessary, the prevailing party shall be awarded c e s k 23 all costs of such litigation, including reasonable attorney e a n b 24 fees.

u [ Q.

No individual or entity other than a .233413.1 - 39 - HJC/HB 14 participating state may enforce this compact against the commission.

ARTICLE 10 - Effective Date, Withdrawal and Amendment A.

On or after the effective date of the compact, the commission shall convene and review the enactment of the compact by each of the states that enacted the compact to e t 17 determine if the statute enacted by each state is materially w l n d 18 different than the model compact.

If the commission finds the = = 19 a l enactment of a participating state is materially different from i a e r 20 the model compact, the participating state shall be entitled to a t m m 21 the default process set forth in SectionArticle 109 of this compact.

d r e 22 C.

If the commission later determines that a c e s k 23 participating state is in default or terminated or withdrew from e at n17 b 24 the compact, the commission shall remain in existence and the uw [l n d 18 compact shall remain in effect, even if the number of .232741.1= -= 4119 - participating states should be less than seven.

a l i a e r 20 D.

Participating states shall be subject to the a t m m 21 process set forth in Subsection B of this sectionarticle to determine d r e 22 if their enactments are materially different from the model c e s k 23 compact and whether they qualify for participation in the e a n b 24 compact.

u [ E.

All actions taken for the benefit of the .233413.1 - 40 - HJC/HB 14 commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

Any e t 17 rule that has been previously adopted by the commission shall w l n d 18 have the full force and effect of law on the day the compact = = 19 a l becomes law in that state.

i a e r 20 G.

Any participating state may withdraw from this a t m m 21 compact by enacting a statute repealing that state's enactment d r e 22 of the compact;

c e s k 23 (1) a participating state's withdrawal shall e at n17 b 24 not take effect until one hundred eighty days after enactment of uw [l n d 18 the repealing statute;

.232741.1= -= 4219 - (2) withdrawal shall not affect the continuing a l i a e r 20 requirement of the withdrawing state's licensing authority or a t m m 21 authorities to comply with the investigative and adverse action d r e 22 reporting requirements of this compact prior to the effective c e s k 23 date of withdrawal;

and e a n b 24 (3) upon the enactment of a statute u [ withdrawing from this compact, the state shall immediately .233413.1 - 41 - HJC/HB 14 provide notice of such withdrawal to all licensees within that state, and notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges to practice within that state granted pursuant to this compact for a minimum of one hundred eighty days after the date of such notice of withdrawal.

Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and e t 17 a non-participating state that does not conflict with the w l n d 18 provisions of this compact.

= = 19 a l I.

This compact may be amended by the participating i a e r 20 states.

No amendment to this compact shall become effective and a t m m 21 binding upon any participating state until it is enacted into d r e 22 the laws of all participating states.

cARTICLE e11 s k 23 SECTION 12 - Construction and Severability e at n17 b 24 A.

This compact and the commission's rulemaking uw [l n d 18 authority shall be liberally construed so as to effectuate the .232741.1= -= 4319 - purposes and the implementation and administration of the a l i a e r 20 compact.

Provisions of the compact expressly authorizing or a t m m 21 requiring the promulgation of rules shall not be construed to d r e 22 limit the commission's rulemaking authority solely for those c e s k 23 purposes.

e a n b 24 B.

The provisions of this compact shall be u [ severable, and if any phrase, clause, sentence or provision of .233413.1 - 42 - HJC/HB 14 this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

Notwithstanding the provisions of Subsection B of e t 17 this section,article, the commission may deny a state's participation in w l n d 18 the compact or, in accordance with the requirements of = = 19 a l Subsection E of SectionArticle 109 of this compact, terminate a i a e r 20 participating state's participation in the compact, if it a t m m 21 determines that a constitutional requirement of a participating d r e 22 state is a material departure from the compact.

Otherwise, if c e s k 23 this compact shall be held to be contrary to the constitution of e at n17 b 24 any participating state, the compact shall remain in full force uw [l n d 18 and effect as to the remaining participating states and in full .232741.1= -= 4419 - force and effect as to the participating state affected as to a l i a e r 20 all severable matters.

SECTIONa 13t -m Consistentm Effect21 andARTICLE Conflict12 with- OtherPreservation of State LawsAuthority d r e 22 A.

NothingThis hereincompact shallcreates preventa ornew inhibitpathway thefor enforcementdentist ofc anye others lawk of23 aand participatingdental hygienist licensure in this state thatbut isdoes not inconsistente witha n b 24 otherwise change or limit the compact.effect of the Dental Health Care u [ Act.

.233413.1 - 43 - HJC/HB 14 B.

AnyThis laws,compact statutes,adopts regulationsthe prevailing standard for licensure and affirms that the practice of dentistry or otherdental legalhygiene requirementsoccurs inwhere the patient is located at the time of a participatingdentist-patient stateor indental conflicthygienist-patient withencounter and, therefore, requires the compactdentist areor supersededdental hygienist to be under the extentjurisdiction of the conflict.state dental board where the patient is located.

AllA permissiblestate agreementsdental betweenboard thethat commissionparticipates andin this compact retains the participatingauthority statesto areimpose bindingan adverse action against a license to practice dentistry or dental hygiene in accordancethat withstate, theirincluding terms.".licenses issued to dentists or dental hygienists through procedures provided by this compact.

SECTIONARTICLE 2.13 - Consistent Effect and Conflict with Other State Laws A.

SectionNothing 61-5A-10herein NMSAshall 1978prevent (beingor Lawsinhibit 1994,the Chapterenforcement 55,of Sectionany 10,other aslaw amended)of a participating state that is amendede tot read:17 not inconsistent with the compact.

"61-5A-10.w l n d 18 B.

POWERSAny ANDlaws, DUTIESstatutes, OFregulations THEor BOARDother ANDlegal e= t= 1719 COMMITTEE.--Inrequirements additionin toa anyparticipating otherstate authorityin providedconflict bywith law,the wa l ni da 18e ther board20 andcompact are superseded to the committee,extent whenof designated,the shall:conflict.

=a =t 19m am l21 A.C.

enforceAll andpermissible administeragreements thebetween provisions of the icommission ad e r 20e Dental22 Healthand Carethe Actparticipating andstates theare Dentalbinding Amalgamin Wasteaccordance Reductionwith ac te ms mk 2123 Act;their terms.

de ra en 22b B.24 D.

promulgateIf inany accordanceprovision withof this compact exceeds the Stateu Rules[ cconstitutional elimits simposed kon 23the Act,legislature allof rulesany asmember necessary.233413.1 to:- 44 - HJC/HB 14 state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.".

eSECTION a3. n b 24 (1) regulate the examination and licensure of u [ dentists and dental therapists and, through the committee, .232741.1 - 45 - regulate the examination and licensure of dental hygienists;

A new section of the Dental Health Care Act is enacted to read:

"[NEW MATERIAL] PARTICIPATION IN DENTIST AND DENTAL HYGIENIST COMPACT AS CONDITION OF EMPLOYMENT PROHIBITED.--An employer shall not require a dentist or dental hygienist licensed in this state pursuant to the Dental Health Care Act to seek licensure through the Dentist and Dental Hygienist Compact as a condition of initial or continued employment as a dentist or dental hygienist in this state.

An employer may require that a dentist or dental hygienist obtain and maintain a license to practice dentistry or dental hygiene in multiple states if the dentist or dental hygienist is free to obtain and maintain the licenses by any means authorized by the laws of the respective e t 17 states." w l n d 18 SECTION 4.

A new section of the Dental Health Care Act is = = 19 enacted to read:

a l i a e r 20 "[NEW MATERIAL] DENTIST AND DENTAL HYGIENIST COMPACT a t m m 21 COMMISSION--COMMISSIONER DUTIES.-- d r e 22 A.

If a meeting, or a portion of a meeting, of the c e s k 23 dentist and dental hygienist compact commission is closed e a n b 24 pursuant to Paragraph (4) of Subsection D of Article 6 of the u [ Dentist and Dental Hygienist Compact, a commissioner appointed .233413.1 - 45 - HJC/HB 14 to represent New Mexico on the commission shall request the commission's legal counsel or designee to certify that the meeting may be closed by citing each provision of that paragraph that is applicable.

A commissioner may satisfy this section by making a motion, or voting in the affirmative on a motion, to have the dentist and dental hygienist compact commission's legal counsel or designee certify that the meeting may be closed.

B.

Any time the dentist and dental hygienist compact commission is voting on what to include in the commission's minutes, a commissioner appointed to represent New Mexico on the commission shall vote to include in the minutes:

(1) all actions taken by the commission and the reasons for each action, including a description of the views expressed;

and (2) identification of all documents considered by the commission that relate to an action taken by the e t 17 commission." w l n d 18 SECTION 5.

A new section of the Dental Health Care Act is = = 19 enacted to read:

a l i a e r 20 "[NEW MATERIAL] BOARD OBLIGATIONS--PUBLIC POSTING.--The a t m m 21 board shall post on the board's public website:

d r e 22 A.

copies of the dentist and dental hygienist c e s k 23 compact commission's current bylaws and rules;

e a n b 24 B.

notice of any dentist and dental hygienist u [ compact commission action that may affect the license of a .233413.1 - 46 - HJC/HB 14 dentist or dental hygienist in this state within thirty days of the commission's action being taken;

and C.

any minutes or documents of the dentist and dental hygienist compact commission that are released pursuant to a vote of the commission.

All minutes and documents of a closed meeting of the dentist and dental hygienist compact commission shall remain under seal, subject to release by a majority vote of the commission or an order of a court of competent jurisdiction." SECTION 6.

A new section of the Dental Health Care Act is enacted to read:

"[NEW MATERIAL] JOINT INVESTIGATIONS--INVESTIGATIVE SUBPOENAS.--The board may enter into joint investigations with other state dentist or dental hygienist boards pursuant to the Dentist and Dental Hygienist Compact;

provided that participation in the joint investigation is governed by a e t 17 written agreement among the board and the other participating w l n d 18 dental boards." = = 19 SECTION 7.

Section 61-5A-10 NMSA 1978 (being Laws 1994, a l i a e r 20 Chapter 55, Section 10, as amended) is amended to read:

a t m m 21 "61-5A-10.

POWERS AND DUTIES OF THE BOARD AND d r e 22 COMMITTEE.--In addition to any other authority provided by law, c e s k 23 the board and the committee, when designated, shall:

e a n b 24 A.

enforce and administer the provisions of the u [ Dental Health Care Act and the Dental Amalgam Waste Reduction .233413.1 - 47 - HJC/HB 14 Act;

B.

promulgate in accordance with the State Rules Act, all rules as necessary to:

(1) regulate the examination and licensure of dentists and dental therapists and, through the committee, regulate the examination and licensure of dental hygienists;

e t 17 D.

administer oaths to all applicants, witnesses and w l n d 18 others appearing before the board or the committee, as = = 19 appropriate;

a l i a e r 20 E.

keep an accurate record of all meetings, receipts a t m m 21 and disbursements;

ed tr 17e 22 F.

grant, deny, review, suspend and revoke licenses wc le ns dk 1823 and certificates to practice dentistry, dental therapy, dental =e =a 19n ab l24 assisting and, through the committee, dental hygiene and iu a[ e r 20 censure, reprimand, fine and place on probation and stipulation a.233413.1 t- m48 m- 21HJC/HB 14 dentists, dental therapists, dental assistants and, through the d r e 22 committee, dental hygienists, in accordance with the Uniform c e s k 23 Licensing Act for any cause stated in the Dental Health Care Act e a n b 24 and the Dental Amalgam Waste Reduction Act;

u [ G.

grant, deny, review, suspend and revoke licenses .232741.1 - 46 - to own dental practices and censure, reprimand, fine and place on probation and stipulation non-dentist owners, in accordance with the Uniform Licensing Act, for any cause stated in the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;

The board shall make available composite reports of demographic data but shall limit public e t 17 access to information regarding individuals to their names, w l n d 18 addresses, license numbers and license actions or as required by = = 19 statute;

a l i a e r 20 I.

hire and contract for services from persons as a t m m 21 necessary to carry out the board's duties;

ed tr 17e 22 J.

establish ad hoc committees whose members shall wc le ns dk 1823 be appointed by the chair with the advice and consent of the =e =a 19n ab l24 board or committee and shall include at least one member of the iu a[ e r 20 board or committee as it deems necessary for carrying on its a.233413.1 t- m49 m- 21HJC/HB 14 business;

d r e 22 K.

have the authority to pay per diem and mileage to c e s k 23 persons who are appointed by the board or the committee to serve e a n b 24 on ad hoc committees;

u [ L.

have the authority to hire or contract with .232741.1 - 47 - investigators to investigate possible violations of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act;

e t 17 O.

have the authority to create and maintain a w l n d 18 formulary, in consultation with the board of pharmacy, of = = 19 medications that a dental therapist or dental hygienist may a l i a e r 20 prescribe, administer or dispense in accordance with rules the a t m m 21 board has promulgated;

[and] ed tr 17e 22 P.

establish continuing education or continued wc le ns dk 1823 competency requirements for dentists, dental therapists, =e =a 19n ab l24 certified dental assistants in expanded functions, dental iu a[ e r 20 technicians and, through the committee, dental hygienists;

a.233413.1 t- m50 m- 21HJC/HB 14 Q.

prescribe the procedures, forms and manner of d r e 22 submitting an applicant's full set of fingerprints for state c e s k 23 and federal criminal history background reports that the board e a n b 24 or committee uses to evaluate the applicant's qualification for u [ licensure;

and .232741.1 - 48 - R.

The board and the committee shall not disseminate criminal history record information across state lines." -SECTION 498. - 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .232741.1

[NEW MATERIAL] CONTINGENT REPEAL.-- A.

Sections 1 through 6 of this 2026 act are e t 17 repealed if a state or federal court of New Mexico finds that a w l n d 18 rule or decision of the dentist and dental hygienist compact = = 19 commission, or a court order regarding a rule or decision a l i a e r 20 relating to the Dentist and Dental Hygienist Compact, would a t m m 21 change the scope of practice of a dentist or dental hygienist or d r e 22 the definition of unprofessional conduct for a dentist or dental c e s k 23 hygienist in a manner that is inconsistent with the Dental e a n b 24 Health Care Act or any other state law relating to the practice u [ of dentistry or dental hygiene.

A person who is or may be .233413.1 - 51 - HJC/HB 14 affected by a rule or decision at issue under this subsection shall have standing to seek a determination by the district court.

B.

The New Mexico board of dental health care shall certify to the director of the legislative council service and the executive director of the New Mexico compilation commission the date on which the action described in Subsection A of this section occurs.

C.

Repeal of the Dentist and Dental Hygienist Compact pursuant to this section constitutes this state's immediate withdrawal from the Dentist and Dental Hygienist Compact.

The New Mexico board of dental health care shall send written notification of withdrawal to the governor of each other state that has enacted the compact.

D.

The New Mexico board of dental health care, or a member of the legislature, may request in writing that the e t 17 attorney general review the actions of the dentist and dental w l n d 18 hygienist compact commission or a court ruling relating to the = = 19 enforcement of the Dentist and Dental Hygienist Compact.

a l i a e r 20 E.

In the event of a repeal pursuant to this a t m m 21 section, the provisions of Article 10 of the Dentist and Dental d r e 22 Hygienist Compact shall remain in effect and govern the c e s k 23 withdrawal.

e a n b 24 - 52 - u [ .233413.1