PRIOR PRINTER'S NO.
1255 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
11273279 2025THE INTRODUCEDGENERAL BYASSEMBLY MULLINS,OF SANCHEZ,PENNSYLVANIA HARKINS,HOUSE KHAN,BILL PIELLI,Session MARCELL,of McANDREW,No. HILL-EVANS, GIRAL, DONAHUE, JAMES, FREEMAN, TWARDZIK, O'MARA, CERRATO AND GREEN, APRIL 3, 2025 REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 3, 2025 AN ACT Autand Dental Hygienist Compact;
and1127 providing2025 forINTRODUCED BY MULLINS, SANCHEZ, HARKINS, KHAN, PIELLI, MARCELL, McANDREW, HILL-EVANS, GIRAL, DONAHUE, JAMES, FREEMAN, TWARDZIK, O'MARA, CERRATO AND GREEN, APRIL 3, 2025 AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 27, 2026 AN ACT Authorizing the formCommonwealth ofstof Pennsylvania to join the compact.Dentist and Dental Hygienist Compact;
and providing for the form of the compact.
Facilitates the sharing of licensure and disciplinary 20250HB1127PN3279 - 2 - information among Participating States;
20250HB1127PN1255 - 2 - G.
20250HB1127PN3279 - 3 - D.
"Clinical Assessment" means examination or process, 20250HB1127PN1255 - 3 - required for licensure as a Dentist or Dental Hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.
20250HB1127PN3279 - 4 - M.
"Dentist and Dental Hygienist Compact Commission" or 20250HB1127PN1255 - 4 - "Commission" means a joint government agency established by this Compact comprised of each State that has enacted the Compact and a national administrative body comprised of a Commissioner from each State that has enacted the Compact.
"Qualifying License" means a License that is not an Encumbered License issued by a Participating State to practice 20250HB1127PN3279 - 5 - dentistry or dental hygiene.
20250HB1127PN1255 - 5 - V.
STATE PARTICIPATION IN THE COMPACT 20250HB1127PN3279 - 6 - A.
In order to join the Compact and thereafter continue as a 20250HB1127PN1255 - 6 - Participating State, a State must:
Accept for licensure that applicants for a Dental Hygienist License graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or 20250HB1127PN3279 - 7 - another accrediting agency recognized by the United States 20250HB1127PN1255 - 7 - Department of Education for the accreditation of dentistry and dental hygiene education programs;
COMPACT PRIVILEGE 20250HB1127PN3279 - 8 - A.
To obtain and exercise the Compact Privilege under the 20250HB1127PN1255 - 8 - terms and provisions of the Compact, the Licensee shall:
Report to the Commission Adverse Action taken by any non- 20250HB1127PN3279 - 9 - Participating State when applying for a Compact Privilege and, 20250HB1127PN1255 - 9 - otherwise, within thirty (30) days from the date the Adverse Action is taken;
A Remote State may, in accordance with due process and that State's laws, by Adverse Action revoke 20250HB1127PN3279 - 10 - or remove a Licensee's Compact Privilege in the Remote State for 20250HB1127PN1255 - 10 - a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens.
Once the requirements of subsection G of this section have been met, the Licensee must meet the requirements in subsection A of this section to obtain a Compact Privilege in a Remote 20250HB1127PN3279 - 11 - State.
20250HB1127PN1255 - 11 - SECTION 5.
Any Participating State in which a Licensee is applying to practice or is practicing pursuant to a Compact Privilege may investigate actual or alleged violations of the statutes and regulations authorizing the practice of dentistry or dental 20250HB1127PN3279 - 12 - hygiene in any other Participating State in which the Dentist or 20250HB1127PN1255 - 12 - Dental Hygienist holds a License or Compact Privilege.
Participating States shall share any Significant Investigative Information, litigation, or compliance materials in furtherance of any joint or individual investigation 20250HB1127PN3279 - 13 - initiated under the Compact.
20250HB1127PN1255 - 13 - G.
The Commission may by Rule or bylaw establish a term of office for Commissioners and may by Rule or bylaw establish term 20250HB1127PN3279 - 14 - limits.
20250HB1127PN1255 - 14 - 4.
Maintain and certify records and information provided to a Participating State as the authenticated business records of the 20250HB1127PN3279 - 15 - Commission, and designate a person to do so on the Commission's 20250HB1127PN1255 - 15 - behalf;
Lease, purchase, retain, own, hold, improve, or use any 20250HB1127PN3279 - 16 - property, real, personal, or mixed, or any undivided interest 20250HB1127PN1255 - 16 - therein;
Notwithstanding subsection D.1 of this section, the 20250HB1127PN3279 - 17 - Commission may convene an emergency public meeting by providing 20250HB1127PN1255 - 17 - 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.
20250HB1127PN3279 - 18 - h.
Information of a personal nature where disclosure would 20250HB1127PN1255 - 18 - constitute a clearly unwarranted invasion of personal privacy;
The Commission may accept any and all appropriate sources 20250HB1127PN3279 - 19 - of revenue, donations, and grants of money, equipment, supplies, 20250HB1127PN1255 - 19 - materials, and services.
20250HB1127PN3279 - 20 - a.
Overseeing the day-to-day activities of the administration 20250HB1127PN1255 - 20 - of the Compact including compliance with the provisions of the Compact, the Commission's Rules and bylaws;
20250HB1127PN3279 - 21 - 3.
The Commission may remove any member of the Executive 20250HB1127PN1255 - 21 - Board as provided in the Commission's bylaws.
provided that nothing in this 20250HB1127PN3279 - 22 - paragraph shall be construed to protect any such person from 20250HB1127PN1255 - 22 - suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
Notwithstanding subsection G.1 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 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, 20250HB1127PN3279 - 23 - or omission did not result from the intentional or willful or 20250HB1127PN1255 - 23 - wanton misconduct of the individual.
20250HB1127PN3279 - 24 - 4.
Non-confidential information related to Alternative 20250HB1127PN1255 - 24 - Program participation, the beginning and ending dates of such participation, and other information related to such participation;
20250HB1127PN3279 - 25 - G.
Any information submitted to the Data System that is 20250HB1127PN1255 - 25 - subsequently expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System.
If a majority of the legislatures of the Participating States rejects a Commission Rule or portion of a Commission Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force 20250HB1127PN3279 - 26 - and effect in any Participating State or to any State applying 20250HB1127PN1255 - 26 - to participate in the Compact.
and 20250HB1127PN3279 - 27 - 5.
The manner in which interested persons may submit written 20250HB1127PN1255 - 27 - comments.
Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days 20250HB1127PN3279 - 28 - after the effective date of the Rule.
For the purposes of this 20250HB1127PN1255 - 28 - provision, an emergency Rule is one that must be adopted immediately in order to:
20250HB1127PN3279 - 29 - 2.
Venue is proper and judicial proceedings by or against the 20250HB1127PN1255 - 29 - Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Commissioners, and all 20250HB1127PN3279 - 30 - rights, privileges and benefits conferred on that State by this 20250HB1127PN1255 - 30 - Compact may be terminated on the effective date of termination.
The defaulting State may appeal the action of the 20250HB1127PN3279 - 31 - Commission by petitioning the U.S.
District Court for the 20250HB1127PN1255 - 31 - District of Columbia or the federal district where the Commission has its principal offices.
20250HB1127PN3279 - 32 - 3.
A Participating State may initiate legal action against 20250HB1127PN1255 - 32 - the Commission in the U.S.
Participating States enacting the Compact subsequent to 20250HB1127PN3279 - 33 - the Charter Participating States shall be subject to the process 20250HB1127PN1255 - 33 - set forth in Section 7.C.23 to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.
Notwithstanding 20250HB1127PN3279 - 34 - any subsequent statutory enactment to the contrary, such 20250HB1127PN1255 - 34 - 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 (180) days after the date of such notice of withdrawal.
The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of 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, 20250HB1127PN3279 - 35 - agency, person or circumstance shall not be affected thereby.
20250HB1127PN1255 - 35 - C.
The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this 20250HB1127PN3279 - 36 - State and any other state ratifying the compact.
20250HB1127PN1255 - 36 - (b) Notice in Pennsylvania Bulletin.--The Secretary of the Commonwealth shall transmit a notice to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin when the conditions set forth in subsection (a) are satisfied and shall include in the notice the date on which the compact became effective and operative between this State and any other state or states in accordance with this act.
(C) IMPLEMENTATION.--THE STATE BOARD OF DENTISTRY SHALL HAVE <-- THE FOLLOWING DUTIES:
(1) PROMULGATE TEMPORARY REGULATIONS NECESSARY TO IMPLEMENT THIS ACT UNDER 63 PA.C.S.
§ 3120 (RELATING TO TEMPORARY RULEMAKING AUTHORITY) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH.
(2) ACCEPT COMPACT PRIVILEGE APPLICATIONS AND ISSUE COMPACT PRIVILEGES UNDER THIS ACT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH.
This act shall take effect in 60 days.days IMMEDIATELY.
20250HB1127PN1255<-- 20250HB1127PN3279 - 37 -