Wisconsin Code § 447.50

(1) TITLE AND PURPOSE. This statute 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 a 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 state 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;
(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 fulltime 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 nondisciplinary 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 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 that regulates the practices of dentistry
and dental hygiene.
(za) “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.
(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 that applicants for a dentist license
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 that applicants for a dental hygienist
license 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.
(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 pars. (d), (g), and (h);

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 par.
(a) 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 par. (a) 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 par. (g) have been met, the licensee must meet the requirements in par. (a) to obtain a compact
privilege in a remote state.
(5) ACTIVE MILITARY MEMBER 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.
(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 nonpublic 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 sub. (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 are located; and
3. If otherwise permitted by state law, recover from the li-

censee 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
sub. (8) (b) 6. as if it was significant investigative information.
(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 sub. (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 and/or conflict of interest;
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, and 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 and 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 paragraph 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 subd. 1., the commission may convene
an emergency public meeting by providing at least twenty-four
(24) hours prior notice on the commission’s website, and any
other means as provided in the commission’s rules, for any of the
reasons it may dispense with notice of proposed rule making under sub. (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, nonpublic
meeting for the commission to receive legal advice or to discuss:
a. Noncompliance 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 and treasurer of the commission 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, nonpublic session
of a public meeting when dealing with any of the matters covered
under par. (d) 4.
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 subdivision 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 subd. 1., should any member, officer, executive director, employee, or representative of the commission
be held liable for the amount of any settlement or judgment arising out of any actual or alleged act, error, or omission that occurred within the scope of that individual’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.
(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. Nonconfidential 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.
(9) RULE MAKING. (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 rule-making 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 rule-making powers
pursuant to the criteria set forth in this subsection 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 rule making:
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 rule making, and
3. In such other way(s) as the commission may by rule
specify.
(h) The notice of proposed rule making 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
rule making;
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 subsection 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 subsection.
(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 par. (L),
the effective date of the rule shall be no sooner than thirty (30)
days after the commission issuing 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 rule-making procedures provided in the compact and in this
subsection 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 rule-making requirements shall
apply under this compact.
(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 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. 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.
(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 sub. (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 sub. (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.
(12) CONSTRUCTION AND SEVERABILITY. (a) This compact
and the commission’s rule-making 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 rule-making 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 par. (b), the commission may deny a
state’s participation in the compact or, in accordance with the requirements of sub. (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.
(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.

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