The general assembly approves and
ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any
of the United States or other jurisdictions legally joining in the compact in the form substantially
as follows:
SECTION 1.
TITLE AND PURPOSE
This compact shall be known and cited as the Dentist and Dental Hygienist Compact.
The purposes of this Compact are to facilitate the interstate practice of dentistry and dental
hygiene and improve public access to dentistry and dental hygiene services by providing
Dentists and Dental Hygienists licensed in a Participating State the ability to practice in
Participating States in which they are not licensed. The Compact does this by establishing a
pathway for Dentists and Dental Hygienists licensed in a Participating State to obtain a Compact
Privilege that authorizes them to practice in another Participating State in which they are not
licensed. The Compact enables Participating States to protect the public health and safety with
respect to the practice of such Dentists and Dental Hygienists, through the State's authority to
regulate the practice of dentistry and dental hygiene in the State. The Compact:
A. Enables Dentists and Dental Hygienists who qualify for a Compact Privilege to
practice in other Participating States without satisfying burdensome and duplicative
requirements associated with securing a License to practice in those States;
B. Promotes mobility and addresses workforce shortages through each Participating
State's acceptance of a Compact Privilege to practice in that State;
C. Increases public access to qualified, licensed Dentists and Dental Hygienists by
creating a responsible, streamlined pathway for Licensees to practice in Participating States;
D. Enhances the ability of Participating States to protect the public's health and safety;
E. Does not interfere with licensure requirements established by a Participating State;
F. Facilitates the sharing of licensure and disciplinary information among Participating
States;
G. Requires Dentists and Dental Hygienists who practice in a Participating State
pursuant to a Compact Privilege to practice within the Scope of Practice authorized in that State;
H. Extends the authority of a Participating State to regulate the practice of dentistry and
dental hygiene within its borders to Dentists and Dental Hygienists who practice in the State
through a Compact Privilege;
I. Promotes the cooperation of Participating States in regulating the practice of dentistry
and dental hygiene within those States;
J. Facilitates the relocation of military members and their spouses who are licensed to
practice dentistry or dental hygiene.
SECTION 2.
DEFINITIONS
As used in this Compact, unless the context requires otherwise, the following definitions
shall apply:
A. "Active Military Member" means any person with full-time duty status in the armed
forces of the United States, including members of the National Guard and Reserve.
B. "Adverse Action" means disciplinary action or encumbrance imposed on a License or
Compact Privilege by a State Licensing Authority.
C. "Alternative Program" means a non-disciplinary monitoring or practice remediation
process applicable to a Dentist or Dental Hygienist approved by a State Licensing Authority of a
Participating State in which the Dentist or Dental Hygienist is licensed. This includes, but is not
limited to, programs to which Licensees with substance abuse or addiction issues are referred in
lieu of Adverse Action.
D. "Clinical Assessment" means an examination or process, required for licensure as a
Dentist or Dental Hygienist, as applicable, that provides evidence of clinical competence in
dentistry or dental hygiene.
E. "Commissioner" means the individual appointed by a Participating State to serve as
the member of the Commission for that Participating State.
F. "Compact" means this Dentist and Dental Hygienist Compact.
G. "Compact Privilege" means the authorization granted by a Remote State to allow a
Licensee from a Participating State to practice as a Dentist or Dental Hygienist in a Remote
State.
H. "Continuing Professional Development" means a requirement, as a condition of
License renewal, to provide evidence of successful participation in educational or professional
activities relevant to practice or area of work.
I. "Criminal Background Check" means the submission of fingerprints or other
biometric-based information for a License applicant for the purpose of obtaining that applicant's
criminal history record information, as defined in 28 CFR 20.3 (d) from the Federal Bureau of
Investigation and the State's criminal history record repository as defined in 28 CFR 20.3 (f).
J. "Data System" means the Commission's repository of information about Licensees,
including but not limited to examination, licensure, investigative, Compact Privilege, Adverse
Action, and Alternative Program.
K. "Dental Hygienist" means an individual who is licensed by a State Licensing
Authority to practice dental hygiene.
L. "Dentist" means an individual who is licensed by a State Licensing Authority to
practice dentistry.
M. "Dentist and Dental Hygienist Compact Commission" or "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.
N. "Encumbered License" means a License that a State Licensing Authority has limited
in any way other than through an Alternative Program.
O. "Executive Board" means the Chair, Vice Chair, Secretary, and Treasurer and any
other Commissioners as may be determined by Commission Rule or bylaw.
P. "Jurisprudence Requirement" means the assessment of an individual's knowledge of
the laws and Rules governing the practice of dentistry or dental hygiene, as applicable, in a State.
Q. "License" means 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.
R. "Licensee" means an individual who holds an unrestricted License from a
Participating State to practice as a Dentist or Dental Hygienist in that State.
S. "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.
T. "Participating State" means a State that has enacted the Compact and been admitted to
the Commission in accordance with the provisions herein and Commission Rules.
U. "Qualifying License" means a License that is not an Encumbered License issued by a
Participating State to practice dentistry or dental hygiene.
V. "Remote State" 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.
W. "Rule" means a regulation promulgated by an entity that has the force of law.
X. "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 undertake those procedures, actions, and processes. Such
procedures, actions, and processes and the circumstances 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.
Y. "Significant Investigative Information" means 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 Adverse Action against the Licensee.
Z. "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practices of dentistry and dental hygiene.
AA. "State Licensing Authority" means an agency or other entity of a State that is
responsible for the licensing and regulation of Dentists or Dental Hygienists.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. In order to join the Compact and thereafter continue as a Participating State, a State
must:
1. Enact a compact that is not materially different from the Model Compact as
determined in accordance with Commission Rules;
2. Participate fully in the Commission's Data System;
3. Have a mechanism in place for receiving and investigating complaints about its
Licensees and License applicants;
4. Notify the Commission, in compliance with the terms of the Compact and
Commission Rules, of any Adverse Action or the availability of Significant Investigative
Information regarding a Licensee and License applicant;
5. Fully implement a Criminal Background Check requirement, within a time frame
established by Commission Rule, by receiving the results of a qualifying Criminal Background
Check;
6. Comply with the Commission Rules applicable to a Participating State;
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;
8. Accept for licensure applicants for a Dentist License who graduate from a predoctoral
dental education program accredited by the Commission on Dental Accreditation, or another
accrediting agency recognized by the United States Department of Education for the
accreditation of dentistry and dental hygiene education programs, leading to the Doctor of
Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
9. Accept for licensure applicants for a Dental Hygienist License who graduate from a
dental hygiene education program accredited by the Commission on Dental Accreditation or
another accrediting agency recognized by the United States Department of Education for the
accreditation of dentistry and dental hygiene education programs;
10. Require for licensure that applicants successfully complete a Clinical Assessment;
11. Have Continuing Professional Development requirements as a condition for License
renewal; and
12. Pay a participation fee to the Commission as established by Commission Rule.
B. Providing alternative pathways for an individual to obtain an unrestricted License
does not disqualify a State from participating in the Compact.
C. When conducting a Criminal Background Check, the State Licensing Authority shall:
1. Consider that information in making a licensure decision;
2. Maintain documentation of completion of the Criminal Background Check and
background check information to the extent allowed by State and federal law; and
3. Report to the Commission whether it has completed the Criminal Background Check
and whether the individual was granted or denied a License.
D. A Licensee of a Participating State who has a Qualifying License in that State and
does not hold an Encumbered License in any other Participating State shall be issued a Compact
Privilege in a Remote State in accordance with the terms of the Compact and Commission Rules.
If a Remote State has a Jurisprudence Requirement, a Compact Privilege will not be issued to the
Licensee unless the Licensee has satisfied the Jurisprudence Requirement.
SECTION 4.
COMPACT PRIVILEGE
A. To obtain and exercise the Compact Privilege under the terms and provisions of the
Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental Hygienist in a Participating State;
2. Be eligible for a Compact Privilege in any Remote State in accordance with
subsection D, G, and H of this section;
3. Submit to an application process whenever the Licensee is seeking a Compact
Privilege;
4. Pay any applicable Commission and Remote State fees for a Compact Privilege in the
Remote State;
5. Meet any Jurisprudence Requirement established by a Remote State in which the
Licensee is seeking a Compact Privilege;
6. Have passed a National Board Examination of the Joint Commission on National
Dental Examinations or another examination accepted by Commission Rule;
7. For a Dentist, have graduated from a predoctoral dental education program accredited
by the Commission on Dental Accreditation, or another accrediting agency recognized by the
United States Department of Education for the accreditation of dentistry and dental hygiene
education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental
Medicine (D.M.D.) degree;
8. For a Dental Hygienist, have graduated from a dental hygiene education program
accredited by the Commission on Dental Accreditation or another accrediting agency recognized
by the United States Department of Education for the accreditation of dentistry and dental
hygiene education programs;
9. Have successfully completed a Clinical Assessment for licensure;
10. Report to the Commission Adverse Action taken by any non-Participating State
when applying for a Compact Privilege and, otherwise, within thirty (30) days from the date the
Adverse Action is taken;
11. Report to the Commission when applying for a Compact Privilege the address of the
Licensee's primary residence and thereafter immediately report to the Commission any change in
the address of the Licensee's primary residence; and
12. Consent to accept service of process by mail at the Licensee'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's primary residence on record with the Commission with respect to any action brought
or investigation conducted by the Commission or a Participating State.
B. The Licensee must comply with the requirements of subsection A of this section to
maintain the Compact Privilege in the Remote State. If those requirements are met, the Compact
Privilege will continue as long as the Licensee maintains a Qualifying License in the State
through which the Licensee applied for the Compact Privilege and pays any applicable Compact
Privilege renewal fees.
C. A Licensee providing dentistry or dental hygiene in a Remote State under the
Compact Privilege shall function within the Scope of Practice authorized by the Remote State
for a Dentist or Dental Hygienist licensed in that State.
D. A Licensee providing dentistry or dental hygiene pursuant to a Compact Privilege in a
Remote State is subject to that State's regulatory authority. 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 Remote State for a specific period of time and impose fines or take any
other necessary actions to protect the health and safety of its citizens. If a Remote State imposes
an Adverse Action against a Compact Privilege that limits the Compact Privilege, that Adverse
Action applies to all Compact Privileges in all Remote States. 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 specific time for removal of the Compact
Privilege has passed and all encumbrance requirements are satisfied.
E. If a License in a Participating State is an Encumbered License, the Licensee shall lose
the Compact Privilege in a Remote State and shall not be eligible for a Compact Privilege in any
Remote State until the License is no longer encumbered.
F. Once an Encumbered License in a Participating State is restored to good standing, the
Licensee must meet the requirements of subsection A of this section to obtain a Compact
Privilege in a Remote State.
G. If a Licensee'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 the
following occur:
1. The specific period of time for which the Compact Privilege was removed has ended;
and
2. All conditions for removal of the Compact Privilege have been satisfied.
H. 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 State.
SECTION 5
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An Active Military Member and their spouse shall not be required to pay to the
Commission for a Compact Privilege the fee otherwise charged by the Commission. If a Remote
State chooses to charge a fee for a Compact Privilege, it may choose to charge a reduced fee or
no fee to an Active Military Member and their spouse for a Compact Privilege.
SECTION 6.
ADVERSE ACTIONS
A. A Participating State in which a Licensee is licensed shall have exclusive authority to
impose Adverse Action against the Qualifying License issued by that Participating State.
B. A Participating State may take Adverse Action based on the Significant Investigative
Information of a Remote State, so long as the Participating State follows its own procedures for
imposing Adverse Action.
C. Nothing in this Compact shall override a Participating State's decision that
participation in an Alternative Program may be used in lieu of Adverse Action and that such
participation shall remain non-public if required by the Participating State's laws. Participating
States must require Licensees who enter any Alternative Program in lieu of discipline to agree
not to practice pursuant to a Compact Privilege in any other Participating State during the term
of the Alternative Program without prior authorization from such other Participating State.
D. 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 hygiene in any other Participating State
in which the Dentist or Dental Hygienist holds a License or Compact Privilege.
E. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth in Section 4.D against a Licensee's Compact
Privilege in the State;
2. 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 evidence. Subpoenas issued by a
State Licensing Authority in a Participating State for the attendance and testimony of witnesses,
or the production of evidence from another Participating State, shall be enforced in the latter
State by any court of competent jurisdiction, according to the practice and procedure of that
court applicable to subpoenas issued in proceedings pending before it. The issuing authority
shall pay any witness fees, travel expenses, mileage, and other fees required by the service
statutes of the State where the witnesses or evidence is located; and
3. If otherwise permitted by State law, recover from the Licensee the costs of
investigations and disposition of cases resulting from any Adverse Action taken against that
Licensee.
F. Joint Investigations
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.
2. Participating States shall share any Significant Investigative Information, litigation, or
compliance materials in furtherance of any joint or individual investigation initiated under the
Compact.
G. Authority to Continue Investigation
1. After a Licensee'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 Section 8.B.6 as if it
was Significant Investigative Information.
SECTION 7.
ESTABLISHMENT AND OPERATION OF THE COMMISSION
A. The Compact Participating States hereby create and establish a joint government
agency whose membership consists of all Participating States that have enacted the Compact.
The Commission is an instrumentality of the Participating States acting jointly and not an
instrumentality of any one State. The Commission shall come into existence on or after the
effective date of the Compact as set forth in Section 11.A.
B. Participation, Voting, and Meetings
1. Each Participating State shall have and be limited to one (1) Commissioner selected
by that Participating State's State Licensing Authority or, if the State has more than one State
Licensing Authority, selected collectively by the State Licensing Authorities.
2. The Commissioner shall be a member or designee of such Authority or Authorities.
3. The Commission may by Rule or bylaw establish a term of office for Commissioners
and may by Rule or bylaw establish term limits.
4. The Commission may recommend to a State Licensing Authority or Authorities, as
applicable, removal or suspension of an individual as the State's Commissioner.
5. A Participating State's State Licensing Authority, or Authorities, as applicable, shall
fill any vacancy of its Commissioner on the Commission within sixty (60) days of the vacancy.
6. Each Commissioner shall be entitled to one vote on all matters that are voted upon by
the Commission.
7. The Commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The Commission may meet by
telecommunication, video conference, or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish a code of conduct and conflict of interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact, the
Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the Commission,
provided that the standing of any State Licensing Authority to sue or be sued under applicable
law shall not be affected;
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's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a Participating State;
10. Conduct an annual financial review;
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's personnel policies and programs relating to conflicts of interest, qualifications of
personnel, and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a Licensee for the grant of a
Compact Privilege in a Remote State and thereafter, as may be established by Commission Rule,
charge the Licensee a Compact Privilege renewal fee for each renewal period in which that
Licensee exercises or intends to exercise the Compact Privilege in that Remote State. Nothing
herein shall be construed to prevent a Remote State from charging a Licensee a fee for a
Compact Privilege or renewals of a Compact Privilege, or a fee for the Jurisprudence
Requirement if the Remote State imposes such a requirement for the grant of a Compact
Privilege.
13. Accept any and all appropriate gifts, donations, grants of money, other sources of
revenue, equipment, supplies, materials, and services and receive, utilize, and dispose of the
same; provided that at all times the Commission shall avoid any appearance of impropriety,
conflict of interest, or both;
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
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 designated in this Compact and the bylaws;
19. Provide and receive information from, and cooperate with, law enforcement
agencies;
20. Elect a Chair, Vice Chair, Secretary, Treasurer, and such other officers of the
Commission as provided in the Commission's bylaws;
21. Establish and elect an Executive Board;
22. Adopt and provide to the Participating States an annual report;
23. Determine whether a State's enacted compact is materially different from the Model
Compact language such that the State would not qualify for participation in the Compact; and
24. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to this subsection D shall
be open to the public. Notice of public meetings shall be posted on the Commission's website at
least thirty (30) days prior to the public meeting.
2. 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 by 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. The
Commission's legal counsel shall certify that one of the reasons justifying an emergency public
meeting has been met.
3. Notice of all Commission meetings shall provide the time, date, and location of the
meeting, and if the meeting is to be held or accessible via telecommunication, video conference,
or other electronic means, the notice shall include the mechanism for access to the meeting
through such means.
4. The Commission may convene in a closed, non-public meeting for the Commission to
receive legal advice or to discuss:
a. Non-compliance of a Participating State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures
related to specific employees or other matters related to the Commission'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's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or confidential;
h. Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of or for use
of the Commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the public by federal or Participating
State law; and
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
meeting will be closed and reference each relevant exempting provision, and such reference shall
be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions taken and the
reasons therefore, including a description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release only by a majority vote of the
Commission or order of a court of competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate sources of revenue, donations,
and grants of money, equipment, supplies, materials, and services.
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
fiscal year for which sufficient revenue is not provided by other sources. The aggregate annual
assessment amount for Participating States shall be allocated based upon a formula that the
Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any Participating State,
except by and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the financial review and
accounting procedures established under its bylaws. All receipts and disbursements of funds
handled by the Commission shall be subject to an annual financial review by a certified or
licensed public accountant, and the report of the financial review shall be included in and
become part of the annual report of the Commission.
F. The Executive Board
1. The Executive Board shall have the power to act on behalf of the Commission
according to the terms of this Compact. The powers, duties, and responsibilities of the Executive
Board shall include:
a. Overseeing the day-to-day activities of the administration of the Compact including
compliance with the provisions of the Compact, the Commission's Rules, and bylaws;
b. Recommending to the Commission changes to the Rules or bylaws, changes to this
Compact legislation, fees charged to Compact Participating States, fees charged to Licensees,
and other fees;
c. Ensuring Compact administration services are appropriately provided, including by
contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Participating States and providing compliance
reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission 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 or
bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Board shall be composed of up to seven (7) members:
a. The Chair, Vice Chair, Secretary, Treasurer, and any other members of the
Commission who serve on the Executive Board shall be voting members of the Executive Board;
and
b. Other than the Chair, Vice Chair, Secretary, and Treasurer, the Commission may elect
up to three (3) voting members from the current membership of the Commission.
3. The Commission may remove any member of the Executive Board as provided in the
Commission's bylaws.
4. The Executive Board shall meet at least annually.
a. An Executive Board meeting at which 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, non-
public session of a public meeting when dealing with any of the matters covered under
subsection D.4 of this section.
b. The Executive Board shall give five (5) business days' notice of its public meetings,
posted on its website 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.
5. The Executive Board may hold an emergency meeting when acting for the
Commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of Commission or Participating State funds; or
c. Protect public health and safety.
G. Qualified Immunity, Defense, and Indemnification
1. 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 out of any actual or alleged act, error, or omission that occurred, or 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; provided that nothing in this
subsection G.1 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 person. The procurement of insurance of any type by the Commission shall not in any way
compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director, employee, and
representative of the Commission in any civil action seeking to impose liability arising out of
any actual or alleged act, error, or omission that occurred 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; provided that nothing herein shall be
construed to prohibit that person from retaining their own counsel at their own expense; and
provided further, that the actual or alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. 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, or omission did not result from the intentional or willful or wanton misconduct
of the individual.
4. Nothing herein shall be construed as a limitation on the liability of any Licensee for
professional malpractice or misconduct, which shall be governed solely by any other applicable
State laws.
5. Nothing in this Compact shall be 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 Sherman Act, Clayton Act, or any other State or federal antitrust or
anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
the Participating States or by the Commission.
SECTION 8.
DATA SYSTEM
A. The Commission shall provide for the development, maintenance, operation, and
utilization of a coordinated database and reporting system containing licensure, Adverse Action,
and the presence of Significant Investigative Information on all Licensees and applicants for a
License in Participating States.
B. Notwithstanding any other provision of State law to the contrary, a Participating State
shall submit a uniform data set to the Data System on all individuals to whom this Compact is
applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, License applicant, or Compact Privilege and
information related thereto;
4. Non-confidential information related to Alternative Program participation, the
beginning and ending dates of such participation, and other information related to such
participation;
5. Any denial of an application for licensure, and the reason(s) for such denial, excluding
the reporting of any criminal history record information where prohibited by law;
6. The presence of Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact or the
protection of the public, as determined by the Rules of the Commission.
C. The records and information provided to a Participating State pursuant to this
Compact or through the Data System, when certified by the Commission or an agent thereof,
shall constitute the authenticated business records of the Commission and shall be entitled to any
associated hearsay exception in any relevant judicial, quasi-judicial, or administrative
proceedings in a Participating State.
D. Significant Investigative Information pertaining to a Licensee in any Participating
State will only be available to other Participating States.
E. It is the responsibility of the Participating States to monitor the database to determine
whether Adverse Action has been taken against a Licensee or License applicant. Adverse Action
information pertaining to a Licensee or License applicant in any Participating State will be
available to any other Participating State.
F. Participating States contributing information to the Data System may designate
information that may not be shared with the public without the express permission of the
contributing State.
G. Any information submitted to the Data System that is subsequently expunged
pursuant to federal law or the laws of the Participating State contributing the information shall be
removed from the Data System.
SECTION 9.
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively and
efficiently implement and administer the purposes and provisions of the Compact. A
Commission Rule shall be invalid and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes of the Compact, or the powers
granted hereunder, or based upon another applicable standard of review.
B. 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.
C. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the Rules adopted thereunder. Rules shall become binding as of the date
specified by the Commission for each Rule.
D. 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 and effect in any Participating State or to any State applying to
participate in the Compact.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and
allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days
in advance of the meeting at which the Commission will hold a public hearing on the proposed
Rule, the Commission shall provide a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of proposed
rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
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 hearing in the Notice of
Proposed Rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person; and
5. The manner in which interested persons may submit written comments.
I. All hearings will be recorded. A copy of the recording and all written comments and
documents received by the Commission in response to the proposed Rule shall be available to
the public.
J. Nothing in this section shall be construed as requiring a separate hearing on each
Commission Rule. Rules may be grouped for the convenience of the Commission at hearings
required by this section.
K. The Commission shall, by majority vote of all Commissioners, take final action on
the proposed Rule based on the rulemaking record.
1. The Commission may adopt changes to the proposed Rule provided the changes do
not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for substantive changes
made to the proposed Rule as well as reasons for substantive changes not made that were
recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule. Except for
an emergency as provided in subsection L of this section, the effective date of the Rule shall be
no sooner than thirty (30) days after the Commission issues the notice that it adopted or amended
the Rule.
L. 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 after
the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that
must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Rule that is established by federal law or
rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct
revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public notice of any revisions shall be
posted on the website of the Commission. The revision shall be subject to challenge by any
person for a period of thirty (30) days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a Rule. A challenge shall be made in
writing and delivered to the Commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the Commission.
N. No Participating State's rulemaking requirements shall apply under this Compact.
SECTION 10.
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government in each Participating State
shall enforce this Compact and take all actions necessary and appropriate to implement the
Compact.
2. Venue is proper and judicial proceedings by or against the Commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional defenses to the
extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in any action against a Licensee for
professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the Compact or Commission Rule and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide the Commission
service of process shall render a judgment or order void as to the Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating State has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated Rules,
the Commission shall provide written notice to the defaulting State. The notice of default shall
describe the default, the proposed means of curing the default, and any other action that the
Commission may take, and shall offer training and specific technical assistance regarding the
default.
2. The Commission shall provide a copy of the notice of default to the other
Participating States.
C. 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 rights,
privileges, and benefits conferred on that State by this Compact may be terminated on the
effective date of termination. A cure of the default does not relieve the offending State of
obligations or liabilities incurred during the period of default.
D. Termination of participation in the Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the majority and minority leaders of the
defaulting State's legislature, the defaulting State's State Licensing Authority or Authorities, as
applicable, and each of the Participating States' State Licensing Authority or Authorities, as
applicable.
E. A State that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State'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.
The terminated State shall continue to recognize all Compact Privileges then in effect in that
State for a minimum of one hundred eighty (180) days after the date of said notice of
termination.
G. The Commission shall not bear any costs related to a State that is found to be in
default or that has been terminated from the Compact, unless agreed upon in writing between the
Commission and the defaulting State.
H. The defaulting State may appeal the action of the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district where the Commission has its
principal offices. The prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees.
I. Dispute Resolution
1. Upon request by a Participating State, the Commission shall attempt to resolve
disputes related to the Compact that arise among Participating States and between Participating
States and non-Participating States.
2. The Commission shall promulgate a Rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
J. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this Compact and the Commission's Rules.
2. 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 Columbia or the federal
district where the 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. In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein
shall not be the exclusive remedies of the Commission. The Commission may pursue any other
remedies available under federal or the defaulting Participating State's law.
3. A Participating State may initiate legal action against the Commission in the U.S.
District Court for the District of Columbia or the federal district where the 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. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney's fees.
4. No individual or entity other than a Participating State may enforce this Compact
against the Commission.
SECTION 11.
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is
enacted into law in the seventh Participating State.
1. On or after the effective date of the Compact, the Commission shall convene and
review the enactment of each of the States that enacted the Compact prior to the Commission
convening ("Charter Participating States") to determine if the statute enacted by each such
Charter Participating State is materially different than the Model Compact.
a. A Charter Participating State whose enactment is found to be materially different from
the Model Compact shall be entitled to the default process set forth in Section 10.
b. If any Participating State is later found to be in default, or is terminated or withdraws
from the Compact, the Commission shall remain in existence and the Compact shall remain in
effect even if the number of Participating States should be less than seven (7).
2. Participating States enacting the Compact subsequent to the Charter Participating
States shall be subject to the process 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.
3. All actions taken for the benefit of the 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.
4. Any State that joins the Compact subsequent to the Commission's initial adoption of
the Rules and bylaws shall be subject to the Commission's Rules and bylaws as they exist on the
date on which the Compact becomes law in that State. Any Rule that has been previously
adopted by the Commission shall have the full force and effect of law on the day the Compact
becomes law in that State.
B. Any Participating State may withdraw from this Compact by enacting a statute
repealing that State's enactment of the Compact.
1. A Participating State's withdrawal shall not take effect until one hundred eighty (180)
days after enactment of the repealing statute.
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.
3. Upon the enactment of a statute withdrawing from this Compact, the State shall
immediately provide notice of such withdrawal to all Licensees within that State.
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 (180) days after the date of such notice of
withdrawal.
C. Nothing contained in this Compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a Participating State and a non-
Participating State that does not conflict with the provisions of this Compact.
D. This Compact may be amended by the Participating States. No amendment to this
Compact shall become effective and binding upon any Participating State until it is enacted into
the laws of all Participating States.
SECTION 12.
CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission'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's rulemaking authority solely for those purposes.
B. 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, agency, person, or
circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the Commission may deny a State's
participation in the Compact or, in accordance with the requirements of Section 10.B, terminate
a Participating State's participation in the Compact, if it determines that a constitutional
requirement of a Participating State is a material departure from the Compact. Otherwise, if this
Compact shall be held to be contrary to the constitution of any Participating State, the Compact
shall remain in full force and effect as to the remaining Participating States and in full force and
effect as to the Participating State affected as to all severable matters.
SECTION 13.
CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a
Participating State that is not inconsistent with the Compact.
B. Any laws, statutes, regulations, or other legal requirements in a Participating State in
conflict with the Compact are superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the Participating States are
binding in accordance with their terms.‹ Prev All Colorado sections Next ›
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