House
File
656
-
Enrolled
House
File
656
AN
ACT
ESTABLISHING
THE
DENTIST
AND
DENTAL
HYGIENIST
COMPACT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
147G.1
Dentist
and
dental
hygienist
compact.
1.
Title
and
purpose.
This
chapter
shall
be
known
and
cited
as
the
dentist
and
dental
hygienist
compact.
The
purposes
of
this
compact
are
to
facilitate
the
interstate
practice
of
dentistry
and
dental
hygiene
and
improve
public
access
to
dentistry
and
dental
hygiene
services
by
providing
dentists
and
dental
hygienists
licensed
in
a
participating
state
the
ability
to
practice
in
participating
states
in
which
they
are
not
licensed.
The
compact
does
this
by
establishing
a
pathway
for
dentists
and
dental
hygienists
licensed
in
a
participating
state
to
obtain
a
compact
privilege
that
authorizes
them
to
practice
in
another
participating
state
in
which
they
are
not
licensed.
The
compact
enables
participating
states
to
protect
the
public
health
and
safety
with
respect
to
the
practice
of
such
dentists
and
dental
hygienists
through
the
state’s
authority
to
regulate
the
practice
of
dentistry
and
dental
hygiene
in
the
state.
The
compact:
House
File
656,
p.
2
a.
Enables
dentists
and
dental
hygienists
who
qualify
for
a
compact
privilege
to
practice
in
other
participating
states
without
satisfying
burdensome
and
duplicative
requirements
associated
with
securing
a
license
to
practice
in
those
states.
b.
Promotes
mobility
and
addresses
workforce
shortages
through
each
participating
state’s
acceptance
of
a
compact
privilege
to
practice
in
that
state.
c.
Increases
public
access
to
qualified,
licensed
dentists
and
dental
hygienists
by
creating
a
responsible,
streamlined
pathway
for
licensees
to
practice
in
participating
states.
d.
Enhances
the
ability
of
participating
states
to
protect
the
public’s
health
and
safety.
e.
Does
not
interfere
with
licensure
requirements
established
by
a
participating
state.
f.
Facilitates
the
sharing
of
licensure
and
disciplinary
information
among
participating
states.
g.
Requires
dentists
and
dental
hygienists
who
practice
in
a
participating
state
pursuant
to
a
compact
privilege
to
practice
within
the
scope
of
practice
authorized
in
that
state.
h.
Extends
the
authority
of
a
participating
state
to
regulate
the
practice
of
dentistry
and
dental
hygiene
within
its
borders
to
dentists
and
dental
hygienists
who
practice
in
the
state
through
a
compact
privilege.
i.
Promotes
the
cooperation
of
participating
states
in
regulating
the
practice
of
dentistry
and
dental
hygiene
within
those
states.
j.
Facilitates
the
relocation
of
military
members
and
their
spouses
who
are
licensed
to
practice
dentistry
or
dental
hygiene.
2.
Definitions.
As
used
in
this
compact,
unless
the
context
requires
otherwise,
the
following
definitions
shall
apply:
a.
“Active
military
member”
means
an
individual
in
full-time
duty
status
in
the
armed
forces
of
the
United
States,
including
members
of
the
national
guard
and
reserve.
b.
“Adverse
action”
means
any
disciplinary
action
or
encumbrance
imposed
on
a
licensee
or
compact
privilege
by
a
state
licensing
authority.
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
or
practice
remediation
process
applicable
to
a
dentist
or
House
File
656,
p.
3
dental
hygienist
approved
by
a
state
licensing
authority
of
a
participating
state
in
which
the
dentist
or
dental
hygienist
is
licensed.
“Alternative
program”
includes
but
is
not
limited
to
programs
to
which
licensees
with
substance
abuse
or
addiction
issues
are
referred
in
lieu
of
adverse
action.
d.
“Clinical
assessment”
means
an
examination
or
process,
required
for
licensure
as
a
dentist
or
dental
hygienist
as
applicable,
that
provides
evidence
of
clinical
competence
in
dentistry
or
dental
hygiene.
e.
“Commissioner”
means
the
individual
appointed
by
a
participating
state
to
serve
as
the
member
of
the
commission
for
that
participating
state.
f.
“Compact”
means
this
dentist
and
dental
hygienist
compact.
g.
“Compact
privilege”
means
the
authorization
granted
by
a
remote
state
to
allow
a
licensee
from
a
participating
state
to
practice
as
a
dentist
or
dental
hygienist
in
a
remote
state.
h.
“Continuing
professional
development”
means
a
requirement
as
a
condition
of
license
renewal
to
provide
evidence
of
successful
participation
in
educational
or
professional
activities
relevant
to
practice
or
area
of
work.
i.
“Criminal
background
check”
means
the
submission
of
fingerprints
or
other
biometric-based
information
for
a
license
applicant
for
the
purpose
of
obtaining
the
applicant’s
criminal
history
record
information,
as
defined
in
28
C.F.R.
§20.3(d)
from
the
federal
bureau
of
investigation
and
the
state’s
criminal
history
record
repository
as
defined
in
28
C.F.R.
§20.3(f).
j.
“Data
system”
means
the
commission’s
repository
of
information
about
licensees,
including
but
not
limited
to
examinations,
licensure,
investigative
information,
compact
privileges,
adverse
actions,
and
alternative
programs.
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
House
File
656,
p.
4
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
of
the
compact
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
House
File
656,
p.
5
be
established
through
means,
including
but
not
limited
to
statutes,
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
an
adverse
action
against
the
licensee.
z.
“State”
means
a
state,
commonwealth,
district,
or
territory
of
the
United
States
that
regulates
the
practices
of
dentistry
and
dental
hygiene.
aa.
“State
licensing
authority”
means
an
agency
or
other
entity
of
a
state
that
is
responsible
for
the
licensing
and
regulation
of
dentists
or
dental
hygienists.
3.
State
participation
in
the
compact.
a.
In
order
to
join
the
compact
and
thereafter
continue
as
a
participating
state,
a
state
must
do
all
of
the
following:
(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
or
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
commission
rules
applicable
to
a
participating
state.
(7)
Accept
the
national
board
examinations
of
the
joint
commission
on
national
dental
examinations
or
another
House
File
656,
p.
6
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
or
doctor
of
dental
medicine
degree.
(9)
Accept
for
licensure
that
applicants
for
a
dental
hygienist
license
graduate
from
a
dental
hygiene
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.
(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
do
all
of
the
following:
(1)
Consider
that
information
in
making
a
licensure
decision.
(2)
Maintain
documentation
of
the
criminal
background
check
and
background
check
information
to
the
extent
allowed
by
state
and
federal
law.
(3)
Report
to
the
commission
whether
a
state
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
House
File
656,
p.
7
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,
a
licensee
shall
do
all
of
the
following:
(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
paragraphs
“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
or
doctor
of
dental
medicine
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
any
adverse
action
taken
by
any
nonparticipating
state
when
applying
for
a
compact
privilege
and
otherwise
within
thirty
days
from
the
date
the
adverse
action
is
taken.
House
File
656,
p.
8
(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.
(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
in
paragraph
“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,
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.
House
File
656,
p.
9
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
paragraph
“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
both
of
the
following
occur:
(1)
The
specified
period
of
time
for
which
the
compact
privilege
was
removed
has
ended.
(2)
All
conditions
for
removal
of
the
compact
privilege
have
been
satisfied.
h.
Once
the
requirements
of
paragraph
“g”
have
been
met,
the
licensee
must
meet
the
requirements
of
paragraph
“a”
to
obtain
a
compact
privilege
in
a
remote
state.
5.
Active
military
member
or
spouses.
An
active
military
member
and
the
spouse
of
an
active
military
member
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
the
spouse
of
an
active
military
member
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
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
House
File
656,
p.
10
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
do
all
of
the
following:
(1)
Take
adverse
actions
as
set
forth
in
subsection
4,
paragraph
“d”
,
against
a
licensee’s
compact
privilege
in
the
state.
(2)
In
furtherance
of
its
rights
and
responsibilities
under
the
compact
and
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.
(3)
If
otherwise
permitted
by
state
law,
recover
from
the
licensee
the
costs
of
investigation
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.
House
File
656,
p.
11
(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
subsection
8,
paragraph
“b”
,
subparagraph
(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
subsection
11,
paragraph
“a”
.
b.
Participation,
voting,
and
meetings.
(1)
Each
participating
state
shall
have
and
be
limited
to
one
commissioner
selected
by
the
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
House
File
656,
p.
12
or
authorities,
as
applicable,
shall
fill
any
vacancy
of
its
commissioner
on
the
commission
within
sixty
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
a
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
House
File
656,
p.
13
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
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
or
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.
House
File
656,
p.
14
(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
internet
site
at
least
thirty
days
prior
to
the
public
meeting.
(2)
Notwithstanding
subparagraph
(1),
the
commission
may
convene
an
emergency
public
meeting
by
providing
at
least
twenty-four
hours
prior
notice
on
the
commission’s
internet
site,
and
any
other
means
as
provided
in
the
commission’s
rules,
for
any
of
the
reasons
it
may
dispense
with
notice
of
proposed
rulemaking
under
subsection
9,
paragraph
“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
any
of
the
following:
(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
House
File
656,
p.
15
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.
(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
House
File
656,
p.
16
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
all
of
the
following:
(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
the
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
House
File
656,
p.
17
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.
(i)
Other
duties
as
provided
in
the
rules
or
bylaws
of
the
commission.
(2)
The
executive
board
shall
be
composed
of
up
to
seven
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.
(b)
Other
than
the
chair,
vice
chair,
secretary,
and
treasurer
of
the
commission,
the
commission
may
elect
up
to
three
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
paragraph
“d”
,
subparagraph
(4).
(b)
The
executive
board
shall
give
five
business
days’
notice
of
its
public
meetings,
posted
on
its
internet
site
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
do
any
of
the
following:
(a)
Meet
an
imminent
threat
to
public
health,
safety,
or
welfare.
(b)
Prevent
a
loss
of
commission
or
participating
state
funds.
(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
House
File
656,
p.
18
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
paragraph
shall
be
construed
to
protect
any
such
person
from
suit
or
liability
for
any
damage,
loss,
injury,
or
liability
caused
by
the
intentional,
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
in
this
paragraph
shall
be
construed
to
prohibit
that
person
from
retaining
counsel
at
that
person’s
own
expense;
and
provided
further
that
the
actual
or
alleged
act,
error,
or
omission
did
not
result
from
that
person’s
intentional,
willful,
or
wanton
misconduct.
(3)
Notwithstanding
subparagraph
(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
the
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,
House
File
656,
p.
19
willful,
or
wanton
misconduct
of
the
individual.
(4)
Nothing
in
this
compact
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
all
of
the
following:
(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
for
such
denial,
excluding
the
reporting
of
any
criminal
history
record
information
where
prohibited
by
law.
(6)
The
presence
of
significant
investigative
information.
(7)
Other
information
that
may
facilitate
the
House
File
656,
p.
20
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.
Rulemaking.
a.
The
commission
shall
promulgate
reasonable
rules
in
order
to
effectively
and
efficiently
implement
and
administer
the
purposes
and
provisions
of
the
compact.
A
commission
rule
shall
be
invalid
and
have
no
force
or
effect
only
if
a
court
of
competent
jurisdiction
holds
that
the
rule
is
invalid
because
the
commission
exercised
its
rulemaking
authority
in
a
manner
that
is
beyond
the
scope
and
purposes
of
the
compact
or
the
powers
granted
hereunder,
or
based
upon
another
applicable
standard
of
review.
b.
The
rules
of
the
commission
shall
have
the
force
of
law
in
each
participating
state,
provided
however
that
where
the
rules
of
the
commission
conflict
with
the
laws
of
the
House
File
656,
p.
21
participating
state
that
establish
the
participating
state’s
scope
of
practice
as
held
by
a
court
of
competent
jurisdiction,
the
rules
of
the
commission
shall
be
ineffective
in
that
state
to
the
extent
of
the
conflict.
c.
The
commission
shall
exercise
its
rulemaking
powers
pursuant
to
the
criteria
set
forth
in
this
section
and
the
rules
adopted
thereunder.
Rules
shall
become
binding
as
of
the
date
specified
by
the
commission
for
each
rule.
d.
If
a
majority
of
the
legislatures
of
the
participating
states
rejects
a
commission
rule
or
portion
of
a
commission
rule,
by
enactment
of
a
statute
or
resolution
in
the
same
manner
used
to
adopt
the
compact,
within
four
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
days
in
advance
of
the
meeting
at
which
the
commission
will
hold
a
public
hearing
on
the
proposed
rule,
the
commission
shall
provide
a
notice
of
proposed
rulemaking
as
follows:
(1)
On
the
internet
site
of
the
commission
or
other
publicly
accessible
platform.
(2)
To
persons
who
have
requested
notice
of
the
commission’s
notices
of
proposed
rulemaking.
(3)
In
such
other
ways
as
the
commission
may
by
rule
specify.
h.
The
notice
of
proposed
rulemaking
shall
include
all
of
the
following:
(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
House
File
656,
p.
22
conference,
or
other
electronic
means,
the
commission
shall
include
the
mechanism
for
access
to
the
hearing
in
the
notice
of
proposed
rulemaking.
(3)
The
text
of
the
proposed
rule
and
the
reason
for
the
proposed
rule.
(4)
A
request
for
comments
on
the
proposed
rule
from
any
interested
person.
(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
convenience
of
the
commission
at
hearings
required
by
this
section.
k.
The
commission
shall,
by
a
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
purposes
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
paragraph
“l”
,
the
effective
date
of
the
rule
shall
be
no
sooner
than
thirty
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
twenty-four
hours’
notice,
with
opportunity
to
comment,
provided
that
the
usual
rulemaking
procedures
provided
in
the
compact
and
in
this
subsection
shall
be
retroactively
applied
to
the
rule
as
soon
as
reasonably
possible,
but
in
no
event
later
than
ninety
days
after
the
effective
date
of
the
rule.
House
File
656,
p.
23
For
the
purposes
of
this
provision,
an
emergency
rule
is
one
that
must
be
adopted
immediately
in
order
to
do
any
of
the
following:
(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.
(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
internet
site
of
the
commission.
The
revision
shall
be
subject
to
challenge
by
any
person
for
a
period
of
thirty
days
after
posting.
The
revision
may
be
challenged
only
on
grounds
that
the
revision
results
in
a
material
change
to
a
rule.
A
challenge
shall
be
made
in
writing
and
delivered
to
the
commission
prior
to
the
end
of
the
notice
period.
If
no
challenge
is
made,
the
revision
will
take
effect
without
further
action.
If
the
revision
is
challenged,
the
revision
may
not
take
effect
without
the
approval
of
the
commission.
n.
No
participating
state’s
rulemaking
requirements
shall
apply
under
this
compact.
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
House
File
656,
p.
24
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.
House
File
656,
p.
25
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
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
United
States
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
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
nonparticipating
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
a
majority
vote,
the
commission
may
initiate
legal
action
against
a
participating
state
in
default
in
the
United
States
district
court
for
the
District
of
Columbia
or
the
federal
district
where
the
commission
has
its
principal
offices
to
enforce
compliance
with
the
provisions
of
the
compact
and
its
promulgated
rules.
The
relief
sought
may
include
both
injunctive
relief
and
damages.
In
the
event
judicial
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
all
costs
of
such
litigation,
including
reasonable
House
File
656,
p.
26
attorney
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
United
States
district
court
for
the
District
of
Columbia
or
the
federal
district
where
the
commission
has
its
principal
offices
to
enforce
compliance
with
the
provisions
of
the
compact
and
its
promulgated
rules.
The
relief
sought
may
include
both
injunctive
relief
and
damages.
In
the
event
judicial
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
all
costs
of
such
litigation,
including
reasonable
attorney
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,
who
shall
be
known
as
charter
participating
states,
to
determine
if
the
statute
enacted
by
each
such
charter
participating
state
is
materially
different
from
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
subsection
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.
(2)
Participating
states
enacting
the
compact
subsequent
to
the
charter
participating
states
shall
be
subject
to
the
process
set
forth
in
subsection
7,
paragraph
“c”
,
subparagraph
(23),
to
determine
if
their
enactments
are
materially
different
from
the
model
compact
and
whether
they
qualify
for
House
File
656,
p.
27
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
the
state’s
enactment
of
the
compact.
(1)
A
participating
state’s
withdrawal
shall
not
take
effect
until
one
hundred
eighty
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
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
nonparticipating
state
that
does
not
conflict
with
the
provisions
of
this
compact.
House
File
656,
p.
28
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
rulemaking
authority
shall
be
liberally
construed
so
as
to
effectuate
the
purposes
and
the
implementation
and
administration
of
the
compact.
Provisions
of
the
compact
expressly
authorizing
or
requiring
the
promulgation
of
rules
shall
not
be
construed
to
limit
the
commission’s
rulemaking
authority
solely
for
those
purposes.
b.
The
provisions
of
this
compact
shall
be
severable,
and
if
any
phrase,
clause,
sentence,
or
provision
of
this
compact
is
held
by
a
court
of
competent
jurisdiction
to
be
contrary
to
the
constitution
of
any
participating
state,
a
state
seeking
participation
in
the
compact,
or
of
the
United
States,
or
the
applicability
thereof
to
any
government,
agency,
person,
or
circumstance
is
held
to
be
unconstitutional
by
a
court
of
competent
jurisdiction,
the
validity
of
the
remainder
of
this
compact
and
the
applicability
thereof
to
any
other
government,
agency,
person,
or
circumstance
shall
not
be
affected
thereby.
c.
Notwithstanding
paragraph
“b”
,
the
commission
may
deny
a
state’s
participation
in
the
compact
or,
in
accordance
with
the
requirements
of
subsection
10,
paragraph
“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.
House
File
656,
p.
29
c.
All
permissible
agreements
between
the
commission
and
the
participating
states
are
binding
in
accordance
with
their
terms.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
656,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor