HB 787 — An Act authorizing the Commonwealth of Pennsylvania to join the Interstate Dental and Dental Hygiene Licensure Compact; and providing for the form of the compact.

PRINTER'S NO.   808

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 787
                                              Session of
                                                2025

     INTRODUCED BY MERSKI, HARKINS, GIRAL, MADDEN, KENYATTA, SANCHEZ,
        GUZMAN, HILL-EVANS, FREEMAN, DEASY, SHUSTERMAN AND CERRATO,
        MARCH 3, 2025

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 3, 2025


                                   AN ACT
 1   Authorizing the Commonwealth of Pennsylvania to join the
 2      Interstate Dental and Dental Hygiene Licensure Compact; and
 3      providing for the form of the compact.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Interstate
 8   Dental and Dental Hygiene Licensure Compact Act.
 9   Section 2.   Authority to execute compact.
10      The Governor, on behalf of the Commonwealth, is hereby
11   authorized to execute a compact in substantially the following
12   form with any one or more of the states of the United States and
13   the General Assembly hereby signifies in advance its approval
14   and ratification of the compact:
15        INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT
16   Section 1.   PURPOSE
17      This Compact shall be known as the Interstate Dental and
18   Dental Hygiene Licensure Compact and the purpose of the Compact
 1   is to expedite licensure and increase access to dental health
 2   care through licensure boards acting in cooperation. The Compact
 3   adopts the existing structures most utilized by Dental Boards
 4   across the United States, while ensuring the safety of the
 5   public through the sharing of documents and information. This
 6   Compact ensures that each state retains the right to impose an
 7   adverse action on a licensee as a home state or as a practicing
 8   state. Each state has an opportunity to share investigations and
 9   information with the home state of licensure. The Compact is
10   operated by state dental board members, administrators and other
11   staff, thus allowing for each state to maintain its sovereignty.
12      The Compact:
13      (a)   Allows for expedited licensure portability and ease of
14   movement of licensees between states;
15      (b)   Allows each state to continue to regulate the practice
16   of dentistry and dental hygiene within its borders;
17      (c)   Creates a common goal of protecting the public by
18   ensuring a uniform licensure standard and sharing of information
19   in the Compact;
20      (d)   Allows for licensure in every participating state by
21   requiring passage of the uniform licensure examination that
22   assesses psychomotor and cognitive dental skills and is
23   currently accepted in fifty state (50) licensing jurisdictions
24   and United States territories;
25      (e)   Gives licensees one (1) location to maintain
26   professional documentation to expedite license transfers in
27   states, hospitals or institutional credentialing;
28      (f)   Facilitates a faster licensure process for relocation or
29   separation of military members and their dependent spouses;
30   there are no Compact fees for military members or their spouses;

20250HB0787PN0808                  - 2 -
 1      (g)   Alleviates a duplicative process for licensure among
 2   multiple states; and
 3      (h)   Saves applicants money by not having to obtain duplicate
 4   documents from a source that charges for the documents.
 5   Section 2.   DEFINITIONS
 6      (a)   "AADB" means the American Association of Dental Boards
 7   (AADB) or its named successor, formerly known as the American
 8   Association of Dental Examiners (AADE), originally chartered on
 9   September 10th, 1896 and renewed in 1944, comprised of State
10   Dental Boards in the United States and its territories;
11      (b)   "Attorneys' Committee" means the committee of attorneys
12   who currently represent a Member State Dental Board. The
13   Attorneys' Committee shall participate in the Commission as a
14   non-voting member. An attorney that has previously served as an
15   attorney for a Member State Dental Board may be invited on a
16   year-to-year basis to serve on the Attorneys' Committee if they
17   have not engaged in an official case against a State Dental
18   Board or have any no other conflict of interest. The Attorneys'
19   Committee may assist the investigators in working through joint
20   investigation issues between states;
21      (c)   "Active-duty military person or spouse" means a Licensee
22   in full-time active-duty status in the active uniformed services
23   of the United States, including members of the National Guard
24   and Reserves. The legal spouse of the military member must be
25   recognized by the military unit as a dependent while the service
26   member is on active duty. Spouses shall receive the same
27   privileges as military members for the purpose of this Compact;
28      (d)   "Active Investigation" means an active investigation
29   resulting in formal allegations or charges precipitating a
30   judicial process by a State Dental Board, oversight agency, or

20250HB0787PN0808                  - 3 -
 1   other law enforcement entity;
 2      (e)   "Adverse Action" means an order issued by a State Dental
 3   Board or reported to the clearinghouse pursuant to the
 4   Commission's Bylaws and rules that disciplines a Licensee.
 5   Adverse Action includes, and is not limited to, the suspension,
 6   limiting, or revocation of a License or Compact License
 7   Privilege; the imposition of fees and sanctions; and any
 8   temporary emergency order that may be later withdrawn by a
 9   Board;
10      (f)   "ADEX examination" means the initial licensure
11   examinations developed by the American Board of Dental
12   Examiners, Inc. or its successor;
13      (g)   "Bylaws" means the bylaws passed by the Commission or
14   its named successor commission;
15      (h)   "Clearinghouse" means the clearinghouse and databank
16   that houses prior Adverse Action documentations, orders and
17   denials of licensure or permits from State Dental Boards that is
18   administered by the AADB or its successor;
19      (i)   "CODA" means the Commission on Dental Accreditation or
20   its successor as approved by the United States Department of
21   Education;
22      (j)   "Commission" means the Interstate Dental and Dental
23   Hygiene Compact Licensure Commission created pursuant to Section
24   3 of this Act;
25      (k)   "Commissioners" means the two (2) members chosen by each
26   Member State Dental Board to serve as the voting members of the
27   Commission;
28      (l)   "Compact" means the Interstate Dental and Dental Hygiene
29   Licensure Compact created pursuant to Section 3 of this Act;
30      (m)   "Compact License Privilege" means the expedited dental

20250HB0787PN0808                    - 4 -
 1   or dental hygiene license to practice in a Member State that is
 2   not the Licensee's Home State;
 3      (n)    "Conviction" means an adjudication or formal judgment by
 4   a court that an individual is guilty through a plea of guilty or
 5   no contest, or a finding of guilt by the court. Evidence of a
 6   conviction of a criminal offense by the court shall be
 7   considered final for the purposes of considering or imposing
 8   disciplinary action by a Member State Dental Board;
 9      (o)    "Criminal background check" means a criminal background
10   check using the results of fingerprint or other biometric data
11   checks compliant with the requirements of the Federal Bureau of
12   Investigation, with the exception of federal employees who have
13   suitability determination in accordance with 5 C.F.R. 731.202;
14      (p)    "Dental hygienist" means any person who:
15      1.    Has successfully graduated from a CODA-approved dental
16   hygiene school;
17      2.    Has successfully passed the ADEX dental hygiene licensure
18   examination; or has been in practice 5 years or more and has
19   successfully passed a Regional Board Examination or equivalent
20   state-administered psychomotor licensure examination prior to
21   January 1, 2024;
22      3.    Has successfully passed the written national dental
23   hygiene board examination administered by the Joint Commission
24   on National Dental Examinations;
25      4.    Possesses a full and unrestricted dental hygiene license
26   issued by a Member State;
27      5.    Has never been convicted or received adjudication,
28   deferred adjudication, community supervision or deferred
29   disposition for any offense by a court of appropriate
30   jurisdiction;

20250HB0787PN0808                   - 5 -
 1      6.     Has never been a subject of discipline by a Licensing
 2   Agency through any Adverse Action, order, or other restriction
 3   of the Licensee by a Licensing Agency, with the exception of
 4   failure to pay fees or failure to complete continuing education;
 5      7.     Is not currently under Active Investigation by a
 6   Licensing Agency or law enforcement authority in any state,
 7   federal or foreign jurisdiction; and
 8      8.     Meets any jurisprudence requirement established by a
 9   Member State Dental Board of a Member State in which a Licensee
10   is seeking a Compact License Privilege.
11      (q)     "Dental Practice Act" means the laws and regulations
12   governing the practice of dentistry within a Member State;
13      (r)     "Dentist" means any person who:
14      1.     Has successfully graduated from a CODA-approved dental
15   school;
16      2.     Has successfully passed the ADEX dental licensure exam;
17   or has been in practice 5 years or more and has successfully
18   passed a Regional Board Examination or equivalent state-
19   administered psychomotor licensure examination prior to January
20   1, 2024;
21      3.     Has successfully passed the written National Dental Board
22   Exam administered by the Joint Commission on National Dental
23   Examinations;
24      4.     Possesses a full and unrestricted dental license issued
25   by a Member State Dental Board;
26      5.     Has never been convicted or received adjudication,
27   deferred adjudication, community supervision, or deferred
28   disposition for any offense by a court of appropriate
29   jurisdiction;
30      6.     Has never been a subject of discipline by a Licensing

20250HB0787PN0808                    - 6 -
 1   Agency through any Adverse Action, order, or other restriction
 2   of the Licensee by a Licensing Agency, with the exception of
 3   failure to pay fees or failure to complete continuing education;
 4      7.    Has never had a state or federal drug registration,
 5   permit, or license restricted, suspended, or revoked by the
 6   United States Drug Enforcement Administration or any Licensing
 7   Agency that oversees scheduled drug registrations;
 8      8.    Is not currently under Active Investigation by a
 9   Licensing Agency or law enforcement authority in any state,
10   federal or foreign jurisdiction; and
11      9.    Meets any jurisprudence requirement established by a
12   Member State Dental Board in which a Licensee is seeking a
13   Compact License Privilege;
14      (s)    "Home State" means the state of primary licensure of a
15   Licensee;
16      (t)    "License" means the authorization by a Licensing
17   Authority for a dentist or dental hygienist to engage in the
18   unrestricted practice of dentistry or dental hygiene, which
19   would be unlawful without such license;
20      (u)    "Licensee" means a Dentist or Dental Hygienist who holds
21   an unrestricted License to practice as a dentist or dental
22   hygienist.
23      (v)    "Licensing Agency" means the agency or other entity of a
24   State that is responsible for the licensing of Dentists and
25   Dental Hygienists. If a Member State Dental Board has such
26   responsibility, it shall be deemed a Licensing Agency.
27      (w)    "Member State Dental Board" means a state agency in a
28   Member State that protects the public through licensure,
29   regulation, and the education of dentist and dental hygienists,
30   as directed by the state law. All actions taken by a Member

20250HB0787PN0808                   - 7 -
 1   State Dental Board shall be under the authority of the laws its
 2   State and any other rights conferred under this Compact;
 3      (x)    "Member State" means a state or United States territory
 4   that has enacted the Compact;
 5      (y)    "Regional Board Examination" means initial licensure
 6   examinations administered by the Western Regional Examining
 7   Board (WREB), the North East Regional Board of Dental Examiners
 8   (NERB), the Commission on Dental Competency Assessments (CDCA),
 9   Council of Interstate Testing Agencies (CITA), Southern Regional
10   Testing Agency (SRTA), or Central Regional Dental Testing
11   Services (CRDTS) that assess psychomotor skills;
12      (z)    "Repository" means the repository of original documents
13   of a Licensee that may include original transcripts,
14   certification documents, test scores, military training records,
15   previous or current licensing documents and other sources of
16   materials needed for applications and verification administered
17   by the AADB or its successor. The Repository shall receive
18   documents from primary or originating sources and/or verify
19   their authenticity;
20      (aa)    "Scope of practice" means the dental-related procedures
21   that require a License, permit, or training, to undertake the
22   treatment and procedure to be completed on a patient within the
23   Member State's requirements;
24      (bb)    "State" means a state within the United States or a
25   United States Territory; and
26      (cc)    "State jurisprudence" means the knowledge of a Member
27   State's laws and rules of dentistry and dental hygiene.
28   Section 3.   COMPACT AND COMMISSION
29      (a)    The Member States hereby create the Interstate Dental
30   and Dental Hygiene Licensure Compact and the Commission. Each

20250HB0787PN0808                    - 8 -
 1   State must enact a compact that is not materially different from
 2   this Compact, as determined by the Commission.
 3      (b)    Each Member State Dental Board shall have two (2) voting
 4   members who shall serve as Commissioners. Each Commissioner
 5   shall have one (1) vote. Member States with separate dental and
 6   dental hygiene Licensing Agencies shall appoint one (1)
 7   Commissioner from each licensing agency. One Commissioner shall
 8   be a current member of a Member State Dental Board.
 9   Commissioners may not delegate votes or vote by proxy, however,
10   if a Commissioner is unable to attend, the Member State may
11   substitute a Commissioner who meets the same requirements.
12      (c)    Upon five (5) states joining the Compact, the Compact
13   shall become active. The Commission shall adopt Bylaws upon
14   becoming active.
15      (d)    The Commission shall meet at least once per calendar
16   year (the "Annual Meeting") and at additional times as necessary
17   pursuant to the Bylaws and rules.
18      (e)    At each Annual Meeting, the Commission shall elect a
19   Chair, Vice Chair, Secretary, and Treasurer from the membership
20   of the Commission (the "Officers.") The Officers shall be
21   members of the Commission's Executive Committee (the "Executive
22   Committee.") The Commission shall also elect representatives
23   from four (4) regional districts established by the Commission
24   to serve on the Executive Committee. All Officers and Executive
25   Committee representatives shall serve one (1)-year terms.
26      (f)    Quorum for purposes of conducting business shall be a
27   majority of Commissioners attending in person or virtually.
28      (g)    The Commission shall provide notice of all meetings on
29   its website and in other communications to Member State Dental
30   Boards.

20250HB0787PN0808                   - 9 -
 1      (h)     A vote of two-thirds (2/3) of the Commissioners present
 2   shall be required for an executive session to discuss:
 3      (1)     Items specifically related to participation in a lawsuit
 4   or in anticipation of a legal proceeding;
 5      (2)     Matters specifically exempted from disclosure by federal
 6   statute;
 7      (3)     Information or matters involving law enforcement
 8   agencies or information that accuses a person of a crime or a
 9   public censure;
10      (4)     Discussions that would include information of a personal
11   nature that would constitute an unwarranted invasion of personal
12   privacy;
13      (5)     Anything considered internal practices and procedures or
14   a trade secret;
15      (6)     Other items described in the Commission Bylaws allowing
16   for executive sessions to be called; or
17      (7)     Advice of Legal Counsel.
18      (i)     The Commission shall keep minutes and make them
19   available to all Member States.
20      (j)     The Commission may establish other committees as needed.
21      (k)     The Commission shall prepare an annual report that shall
22   be made available to the legislatures and governors of the
23   Member States. The annual report shall describe the activities
24   of the Commission during the preceding calendar year. Such
25   reports shall also include reports of the annual financial audit
26   and any actions taken by or rules that were adopted by the
27   Commission.
28   Section 4.    DUTIES OF COMPACT MEMBER STATES
29      (a)     Member States shall submit to the Clearinghouse all
30   Member State Dental Board actions and other documents and data

20250HB0787PN0808                    - 10 -
 1   as determined by the Commission;
 2      (b)   Member States shall notify the Commission of any Adverse
 3   Action taken by the Member State Dental Board, any Active
 4   Investigation by the Member State Dental Board, any Active
 5   Investigation involving pending criminal charges, or other
 6   circumstance as determined by the Commission;
 7      (c)   Any Adverse Action, order, restriction or denial of a
 8   license or permit on a Licensee or Compact License Privilege
 9   holder shall be reported to the Clearinghouse by the Member
10   State Dental Board;
11      (d)   Member State Dental Boards may submit to the
12   Clearinghouse nonpublic complaints, or disciplinary or
13   investigatory information not required by Section 4(c). All
14   investigatory material shall be considered confidential and not
15   part of a public record unless otherwise specifically required
16   by state statute;
17      (e)   Accept continuing education credits as required by each
18   state;
19      (f)   Documents in the Repository shall be treated by a Member
20   State as the equivalent of a primary or original source document
21   for licensure;
22      (g)   Member States shall accept a standardized application
23   for a Compact License Privilege. The standardized application
24   shall be established by the rules enacted by the Commission;
25      (h)   Member States may agree to share information regarding
26   ongoing investigations and actions, including joint
27   investigations between states. All investigatory material shall
28   be considered confidential and not part of a public record
29   unless otherwise specifically required by state statute; and
30      (i)   As part of the Compact enforcement, participating Member

20250HB0787PN0808                  - 11 -
 1   States may issue subpoenas and seek testimony of witnesses,
 2   which subpoenas shall be enforced in other Member States and
 3   enforced by a court of competent jurisdiction where the
 4   witnesses or evidence is located.
 5   Section 5.    POWERS AND DUTIES OF THE COMMISSION
 6      (a)   The Commission shall have the duty and power to:
 7      (1)   Oversee and maintain the administration of the Compact,
 8   including the organizational needs, the financial activities,
 9   the hiring of personnel and ongoing activities or needs of the
10   Commission;
11      (2)   Promulgate Bylaws and rules to operate the Compact and
12   the Commission;
13      (3)   Establish a budget and make expenditures;
14      (4)   Have an annual financial audit performed by an
15   independent certified public accounting firm;
16      (5)   Issue, upon the request of a Member State Dental Board,
17   advisory opinions concerning the meaning or interpretation of
18   the Compact and its Bylaws, rules, and actions;
19      (6)   Enforce compliance with Compact provisions, the rules
20   promulgated by the Commission, and the Bylaws, using all
21   necessary and proper means, including but not limited to the use
22   of judicial process;
23      (7)   Hold an Annual Meeting for the Commission where the
24   elections of the Executive Committee and other issues may be
25   discussed and voted on;
26      (8)   Establish personnel policies and programs relating to
27   conflicts of interest, and the rates of compensation and
28   qualifications of personnel;
29      (9)   Accept donations and grants of money, equipment,
30   supplies, materials and services, and to receive, utilize and

20250HB0787PN0808                   - 12 -
 1   dispose of them in a manner consistent with the conflict-of-
 2   interest policies established by the Commission;
 3      (10)   Report annually to the legislatures and governors of
 4   the Member State Dental Boards concerning the activities of the
 5   Commission during the preceding calendar year. Such reports
 6   shall also include reports of annual financial audits, all
 7   actions of the Commission, rules adopted by the Commission, and
 8   any recommendations by the Commission; and
 9      (11)   Coordinate education, training and public awareness
10   regarding the Compact, its implementation, and its operation.
11      (b)    The Executive Committee shall have the power to act on
12   behalf of the Commission, with the exception of rulemaking,
13   during periods when the Commission is not in session. When
14   acting on behalf of the Commission, the Executive Committee
15   shall oversee the administration of the Compact, including
16   enforcement and compliance of the Compact.
17      (c)    The officers and employees of the Commission shall be
18   immune from suit and liability, either personally or in their
19   official capacity, for a claim for damage to or loss of property
20   or personal injury or other civil liability caused or arising
21   out of, or relating to, an actual or alleged act, error or
22   omission that occurred, or that such person had a reasonable
23   basis for believing occurred, within the scope of Commission
24   employment, duties or responsibilities; provided, that such
25   person shall not be protected from suit or liability for damage,
26   loss, injury or liability caused by the intentional or willful
27   and wanton misconduct of such person.
28      (d)    The liability of the executive director and employees of
29   the Commission or representatives of the Commission, acting
30   within the scope of such person's employment or duties for acts,

20250HB0787PN0808                   - 13 -
 1   errors or omissions occurring within such person's state may not
 2   exceed the limits of liability set forth under the constitution
 3   and laws of that state for state officials, employees and
 4   agents. The Commission shall be considered to be an
 5   instrumentality of the states for the purposes of any such
 6   action. Nothing in this subsection shall be construed to protect
 7   such person from suit or liability for damage, loss, injury or
 8   liability caused by the intentional or willful and wanton
 9   misconduct of such person.
10      (e)   The Commission shall defend the Commission's executive
11   director, its employees, and, subject to the approval of the
12   attorney general or other appropriate legal counsel of the
13   Member State represented by an Commission representative, shall
14   defend such Commission representative in any civil action
15   seeking to impose liability arising out of an actual or alleged
16   act, error or omission that occurred within the scope of
17   Commission employment, duties or responsibilities, or that the
18   defendant had a reasonable basis for believing occurred within
19   the scope of Commission employment, duties or responsibilities,
20   provided that the actual or alleged act, error or omission did
21   not result from intentional or willful and wanton misconduct on
22   the part of such person.
23      (f)   To the extent not covered by the state involved, Member
24   State, or the Commission, the representatives or employees of
25   the Commission shall be held harmless in the amount of a
26   settlement or judgment, including attorney fees and costs,
27   obtained against such persons arising out of an actual or
28   alleged act, error or omission that occurred within the scope of
29   Commission employment, duties or responsibilities, or that such
30   persons had a reasonable basis for believing occurred within the

20250HB0787PN0808                  - 14 -
 1   scope of Commission employment, duties or responsibilities,
 2   provided that the actual or alleged act, error or omission did
 3   not result from intentional or willful and wanton misconduct on
 4   the part of such persons.
 5   Section 6.   APPLICATION, ELIGIBILITY, AND ISSUANCE OF COMPACT
 6                LICENSE PRIVILEGE TO A MEMBER STATE.
 7      (a)   A dentist or dental hygienist applying for Compact
 8   License Privileges shall meet the requirements of a Dentist as
 9   listed in Section (2)(r) of this Compact or a Dental Hygienist
10   as listed in Section (2)(p) of this Compact and hold a current
11   License in a Member State under this Compact.
12      (b)   Each Dentist or Dental Hygienist shall designate a Home
13   State of licensure. The Home State shall be determined by:
14      (1)   The State of primary residence for the Dentist or Dental
15   Hygienist, where twenty-five percent (25%) of their practice
16   within one year occurs. An active-duty military member or their
17   spouse may choose a Home State as designated with the military
18   but are not required to meet the requirement of twenty-five
19   percent (25%) practice being within their Home State; or
20      (2)   If no State qualifies under Section 6(b)(1), then the
21   State where the Dentist or Dental Hygienist filed the previous
22   year's federal tax return.
23      (c)   A Dentist or Dental Hygienist may redesignate a Home
24   State no more than one time in a calendar year if the
25   qualifications of a Home State are met.
26      (d)   A Dentist or Dental hygienist seeking a Compact License
27   Privilege (the "Applicant") shall apply to their Home State
28   Dental Board for a letter stating that the Applicant is eligible
29   for Compact License Privileges.
30      (e)   The Home State Dental Board shall determine the

20250HB0787PN0808                   - 15 -
 1   eligibility of an application for a Compact License Privilege
 2   and shall issue a letter of approval or denial of the
 3   application for a Compact License Privilege.
 4      (f)     The letter from the Applicant's Home State Dental Board
 5   approving the application shall be submitted to the Member State
 6   Dental Board for the Member State in which the Applicant
 7   proposes to practice, and shall include: (i) the Compact
 8   application packet; (ii) authorization to seek access to the
 9   Applicant's Repository documents; (iii) any additional
10   information that may be required by the proposed Compact License
11   Privilege state; and (iv) any required fees. The Member State
12   Dental Board shall review the application to confirm compliance
13   with the Member State's laws and regulations. Following such
14   review, if the Member State Dental Board approves the
15   application, it shall issue a Compact License Privilege from the
16   proposed Member State to the Applicant.
17      (g)     Appeals of a denial of a Compact License Privilege
18   application shall be filed with the Member State Dental Board
19   making such determination, and shall be filed within thirty (30)
20   days of the date of the denial.
21      (h)     A Licensee holding a Compact License Privilege shall
22   notify the Commission within ten (10) business days of any
23   Adverse Action taken against a License held in a state that is
24   not a Member State.
25      (i)     A Compact License Privilege may be revoked, suspended or
26   limited by the issuing Member State Dental Board if at any time
27   the Licensee's Home State license is revoked, suspended or
28   limited.
29      (j)     The Commission shall issue rules on the duration of a
30   Compact License Privilege, the application and renewal process

20250HB0787PN0808                    - 16 -
 1   for a Compact License Privilege, and any application fees.
 2      (k)     Eligibility or ineligibility to receive a Compact
 3   License Privilege shall not limit the ability of a Licensee to
 4   seek a state license through the regular process outside of the
 5   Compact.
 6   Section 7.    JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS
 7      (a)     Each Licensee holding a Compact License Privilege shall
 8   be subject to and comply with the laws and regulations of the
 9   Member State in which such Licensee practices under a Compact
10   License Privilege.
11      (b)     Each Licensee holding a Compact License Privilege shall
12   be subject to the jurisdiction and authority of the Member State
13   Dental Board of the state in which such Licensee practices, as
14   if they held a license issued from such Member State Dental
15   Board. Such Compact License Privilege holder shall be deemed a
16   "Licensee" of the Member State Dental Board for purposes of such
17   board taking an Adverse Action.
18      (c)     Each Licensee holding a Compact License Privilege shall
19   list a current address with the Commission that shall serve as
20   their official address of service.
21      (d)     A Licensee holding a Compact License Privilege may have
22   an Adverse Action taken against them by:
23      (1)     The Member State Dental Board of the Member State in
24   which they are practicing with a Compact License Privilege;
25      (2)     The Licensee's Home State; or
26      (3)     The State Licensing Authority of a State that is not a
27   Member State from which the Licensee holds a License.
28      (e)     A Home State may take an Adverse Action against the
29   holder of a Compact License Privilege, regardless of where the
30   actions giving rise to the Adverse Action occurred.

20250HB0787PN0808                    - 17 -
 1      (f)     Any Member State in which the Compact Licensee holds a
 2   Compact License Privilege may investigate an allegation of a
 3   violation of the laws and rules of the practice of dentistry or
 4   dental hygiene in any other State where the Compact Licensee
 5   holds a Compact License Privilege.
 6   Section 8.    FEES AND MILITARY WAIVER
 7      (a)     The Commission shall issue rules regarding the use of
 8   the Repository by each holder of a Compact License Privilege.
 9      (b)     A Member State Dental Board issuing a Compact License
10   Privilege authorizing practice in its State may impose a fee for
11   a Compact License Privilege, for ether initial issuance or any
12   renewal.
13      (c)     No Compact fee shall be required of any active-duty
14   military member and/or their spouse up to one (1) year after
15   separation. Each Member State issuing a Compact License
16   Privilege may waive fees for active-duty military and/or their
17   spouse as required by each individual state statute.
18      (d)     Active-duty military may transfer military training
19   records to the Repository without a fee.
20   Section 9.    JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS
21      (a)     Each Member State shall name a point of contact for
22   joint investigations between Member State Dental Boards.
23      (b)     Member State Dental Boards may participate with other
24   Member State Dental Boards in joint investigations of Licensees
25   that are subject to this Compact.
26      (c)     Member State Dental Boards may share investigative,
27   litigation or other materials in furtherance of any joint or
28   individual investigation of a Compact License Privilege holder.
29      (d)     A subpoena issued by a Member State or Member State
30   Dental Board shall be enforceable in other Member States as

20250HB0787PN0808                    - 18 -
 1   allowed by law.
 2      (e)   If a Compact License Privilege holder has an Adverse
 3   Action taken by any Member State Dental Board against the
 4   Compact License Privilege holder, the Compact License Privilege
 5   holder shall automatically be subject to discipline by other
 6   Member State Dental Boards.
 7      (f)   If a Compact License Privilege holder has an Adverse
 8   Action taken against their Home State license, including being
 9   revoked, surrendered, or relinquished in lieu of discipline or
10   suspended, then automatically all other Compact License
11   Privileges shall be placed in the same status. The Home State
12   Dental Board shall notify the Commission and the Commission
13   shall issue a notice to all Member State Dental Boards of such
14   Adverse Action.
15      (g)   If discipline or an Adverse Action is taken against a
16   Compact License Privilege holder in a Member State, the Member
17   State Board shall notify the Commission and the Home State of
18   the Compact License Privilege holder. The Home State may deem
19   the action conclusive as a matter of law and fact decided and
20   may:
21      (1)   Impose the same or lesser sanction consistent with the
22   Home State's laws; or
23      (2)   Pursue separate actions against the Compact License
24   Privilege holder under its laws, regardless of the sanctions
25   pursued by the Member State Dental Board.
26   Section 10.    OTHER REQUESTS FOR INFORMATION FROM THE REPOSITORY
27                 AND THE CLEARINGHOUSE
28      (a)   Insurance companies and entities verifying documents for
29   the purpose of licenses extended to a Dentist or Dental
30   Hygienist may seek information from the Clearinghouse for public

20250HB0787PN0808                    - 19 -
 1   record documents;
 2      (b)   A Dentist or Dental Hygienist may submit a request to
 3   the Commission to allow any hiring employer, entity, or
 4   insurance company to access documents from the Repository for
 5   the purposes of credentialing, licensing or other privileges;
 6      (c)   The Commission shall set a fee schedule for these
 7   services.
 8   Section 11.   RULEMAKING FUNCTIONS OF THE COMMISSION
 9      (a)   The Commission shall promulgate reasonable rules in
10   order to effectively and efficiently implement and achieve the
11   purposes and administration of the Compact. Notwithstanding the
12   foregoing, in the event the Commission exercises its rulemaking
13   authority in a manner that is beyond the scope of the purposes
14   of the Compact or the powers granted hereunder, then such an
15   action by the Commission may be determined to be invalid and
16   have no force or effect.
17      (b)   Rules issued by the Commission shall have the force of
18   law in each Member State.
19      (c)   Rules deemed appropriate for the operations of the
20   Commission shall be made pursuant to a rulemaking process that
21   substantially conforms to the Model State Administrative
22   Procedure Act of 2010, and subsequent amendments thereto.
23   Section 12.   OVERSIGHT OF THE COMPACT
24      (a)   The executive, legislative, and judicial branches of
25   state government in each Member State shall enforce the Compact
26   and shall take all actions necessary and appropriate to
27   effectuate the Compact's purposes and intent to allow for
28   expedited licensure for the purpose of mobility. The provisions
29   of the Compact and the rules promulgated hereunder shall have
30   standing as statutory law but shall not override existing state

20250HB0787PN0808                  - 20 -
 1   authority to regulate the practice of dentistry and dental
 2   hygiene.
 3      (b)     All courts may take judicial notice of the Compact and
 4   the rules in any judicial or administrative proceeding in a
 5   Member State pertaining to the subject matter of the Compact
 6   which may affect the powers, responsibilities or actions of the
 7   Commission.
 8      (c)     The Commission shall be entitled to receive all service
 9   of process in any such proceeding and shall have standing to
10   intervene in the proceeding for all purposes. Failure to provide
11   service of process to the Commission shall render a judgment or
12   order void as to the Commission, the Compact or promulgated
13   rules.
14   Section 13.    ENFORCEMENT AND DEFAULT PROCEDURES
15      (a)     The Commission, in the reasonable exercise of its
16   discretion, shall enforce the provisions and rules of the
17   Compact.
18      (b)     The grounds for default under this Compact by a Member
19   State include, but are not limited to, failure of a Member State
20   to perform such obligations or responsibilities imposed upon it
21   by the Compact or by the rules and Bylaws of the Commission
22   promulgated under the Compact.
23      (c)     If the Commission determines that a Member State has
24   defaulted in the performance of its obligations or
25   responsibilities under the Compact, or the Bylaws or promulgated
26   rules, the Commission shall:
27      (1)     provide written notice to the defaulting state and other
28   Member States of the nature of the default, the means of curing
29   the default and any action taken by the Commission. The
30   Commission shall specify the conditions by which the defaulting

20250HB0787PN0808                    - 21 -
 1   state must cure its default; and
 2      (2)   provide remedial training and specific technical
 3   assistance regarding the default.
 4      (d)   If the defaulting state fails to cure the default, the
 5   defaulting state shall be terminated from the Compact upon an
 6   affirmative vote of a majority of the Commissioners and all
 7   rights, privileges and benefits conferred by the Compact shall
 8   terminate on the effective date of termination. A cure of the
 9   default does not relieve the offending state of obligations or
10   liabilities incurred during the period of the default.
11      (e)   Termination of membership in the Compact shall be
12   imposed only after all other means of securing compliance have
13   been exhausted. Notice of intent to terminate shall be given by
14   the Commission to the Governor, the majority and minority
15   leaders of the defaulting state's legislature and each of the
16   Member States.
17      (f)   The Commission shall establish rules and procedures to
18   address licenses and Compact License Privilege holders that are
19   materially impacted by the termination of a Member State or the
20   withdrawal of a Member State.
21      (g)   The Commission shall not bear any costs relating to any
22   state that has been found to be in default or which has been
23   terminated from the Compact, unless otherwise mutually agreed
24   upon in writing between the Commission and the defaulting state.
25      (h)   The defaulting state may appeal the action of the
26   Commission by petitioning the federal district where the
27   Commission has its principal offices. The prevailing party shall
28   be awarded all costs of such litigation, including reasonable
29   attorney fees.
30      (i)   The Commission shall not bear any costs relating to any

20250HB0787PN0808                    - 22 -
 1   state that has been found to be in default or which has been
 2   terminated from the Compact, unless otherwise mutually agreed
 3   upon in writing between the Commission and the defaulting state.
 4      (j)     The remedies herein shall not be the exclusive remedies
 5   of the Commission. The Commission may avail itself of any other
 6   remedies available under state law or the regulation of a
 7   profession.
 8   Section 14.    DISPUTE RESOLUTION
 9      (a)     The Commission shall attempt, upon the request of a
10   Member State Dental Board, to resolve disputes which are subject
11   to the Compact and which may arise among Member State Dental
12   Boards.
13      (b)     The Commission shall promulgate rules providing for both
14   mediation and binding dispute resolution, as appropriate.
15   Section 15.    MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
16      (a)     Any state is eligible to become a Member State of the
17   Compact.
18      (b)     The Compact shall become effective and binding upon
19   legislative enactment of the Compact into law by no less than
20   five (5) states. Thereafter, it shall become effective and
21   binding on a state upon enactment of the Compact into law by
22   that State.
23      (c)     The governors of non-member states, or their designees,
24   shall be invited to participate in the activities of the
25   Commission on a nonvoting basis prior to adoption of the Compact
26   by all States.
27      (d)     The Commission may propose amendments to the Compact for
28   enactment by the Member States. No amendment shall become
29   effective and binding upon the Commission and the Member States
30   unless and until it is enacted into law by unanimous consent of

20250HB0787PN0808                    - 23 -
 1   the Member States.
 2   Section 16.     WITHDRAWAL
 3      (a)   Once effective, the Compact shall continue in force and
 4   remain binding upon each and every Member State; provided,
 5   however, that a Member State may withdraw from the Compact after
 6   giving appropriate notice by specifically repealing the statute
 7   which enacted the Compact into law.
 8      (b)   The Licensee's Compact License Privilege shall remain in
 9   effect for six (6) months from the date of the Member State
10   Dental Board withdrawal.
11      (c)   The withdrawing State shall immediately notify the
12   chairperson of the Commission in writing upon the introduction
13   of legislation repealing the Compact by the withdrawing state.
14      (d)   The Commission shall notify the other Member States of
15   the withdrawing State's intention to withdraw within sixty (60)
16   days of its receipt of notice provided under Section 16(c) of
17   this section.
18      (e)   Reinstatement following withdrawal of a Member State
19   shall occur upon the withdrawing state reenacting the Compact or
20   upon such later date as determined by the Commission.
21      (f)   The Commission shall issue rules to address the impact
22   of the withdrawal of a Member State on Licenses granted by other
23   Member States to dentists and dental hygienists who designated
24   the withdrawing Member State as their Home State.
25   Section 17.     DISSOLUTION
26      (a)   The Compact shall dissolve effective upon the date of
27   the withdrawal or default of the Member State which reduces the
28   membership in the Compact to one (1) Member State.
29      (b)   Upon the dissolution of the Compact, the Compact shall
30   become null and void and shall be of no further force or effect,

20250HB0787PN0808                  - 24 -
 1   and the business and affairs of the Commission shall be
 2   concluded and surplus funds shall be distributed in accordance
 3   with the Bylaws.
 4   Section 18.     SEVERABILITY AND CONSTRUCTION
 5      (a)    The provisions of the Compact shall be severable, and if
 6   any phrase, clause, sentence or provision is deemed
 7   unenforceable, the remaining provisions of the Compact shall be
 8   enforceable.
 9      (b)    The provisions of the Compact shall be liberally
10   construed to effectuate its purposes.
11   Section 19.     BINDING EFFECT OF COMPACT AND OTHER LAWS
12      (a)    Nothing herein prevents the enforcement of any other law
13   of a Member State that is not inconsistent with the Compact.
14      (b)    All lawful actions of the Commission, including all
15   rules and Bylaws promulgated by the Commission, shall be binding
16   upon the Member States.
17      (c)    All agreements between the Commission and the Member
18   States shall bear binding in accordance with their terms.
19      (d)    In the event any provision of the Compact exceeds the
20   constitutional limits imposed on the legislature of any Member
21   State, such provision shall be ineffective to the extent of the
22   conflict with the constitutional provision in question in that
23   Member State.
24   Section 20.     RULES OF ORDER
25      The most current edition of the American Institute of
26   Parliamentarians Standard Code of Parliamentary Procedure shall
27   apply to all meetings of the Commission, including its
28   committees, in those situations not otherwise covered in the
29   Bylaws.
30   Section 3.    Operation.

20250HB0787PN0808                     - 25 -
 1      (a)   General rule.--When the Governor executes the compact on
 2   behalf of the Commonwealth and files a verified copy thereof
 3   with the Secretary of the Commonwealth and when the compact is
 4   ratified by one or more other states, the compact shall become
 5   operative and effective between the Commonwealth and such other
 6   state or states. The Governor is hereby authorized and directed
 7   to take such action as may be necessary to complete the exchange
 8   of official documents between the Commonwealth and any other
 9   state ratifying the compact.
10      (b)   Notice in Pennsylvania Bulletin.--The Secretary of the
11   Commonwealth shall transmit a notice to the Legislative
12   Reference Bureau for publication in the next available issue of
13   the Pennsylvania Bulletin when the conditions specified in
14   subsection (a) are satisfied and shall include in the notice the
15   date on which the compact became effective and operative between
16   the Commonwealth and any other state or states in accordance
17   with this act.
18   Section 4.   Compensation and expenses of compact administrator.
19      The commissioners who represent the Commonwealth, as provided
20   for in the compact, shall not be entitled to any additional
21   compensation for the duties and responsibilities as commissioner
22   but shall be entitled to reimbursement for reasonable expenses
23   actually incurred in connection with the duties and
24   responsibilities as commissioner in the same manner as for
25   expenses incurred in connection with other duties and
26   responsibilities of the office or employment.
27   Section 5.   Effective date.
28      This act shall take effect in 60 days.




20250HB0787PN0808                   - 26 -