H.F. _____ Section 1. NEW SECTION . 147G.1 Dentist and dental hygienist 1 compact. 2 1. Title and purpose. This chapter shall be known and cited 3 as the dentist and dental hygienist compact. The purposes 4 of this compact are to facilitate the interstate practice of 5 dentistry and dental hygiene and improve public access to 6 dentistry and dental hygiene services by providing dentists 7 and dental hygienists licensed in a participating state the 8 ability to practice in participating states in which they are 9 not licensed. The compact does this by establishing a pathway 10 for dentists and dental hygienists licensed in a participating 11 state to obtain a compact privilege that authorizes them to 12 practice in another participating state in which they are not 13 licensed. The compact enables participating states to protect 14 the public health and safety with respect to the practice 15 of such dentists and dental hygienists through the state’s 16 authority to regulate the practice of dentistry and dental 17 hygiene in the state. The compact: 18 a. Enables dentists and dental hygienists who qualify for 19 a compact privilege to practice in other participating states 20 without satisfying burdensome and duplicative requirements 21 associated with securing a license to practice in those states. 22 b. Promotes mobility and addresses workforce shortages 23 through each participating state’s acceptance of a compact 24 privilege to practice in that state. 25 c. Increases public access to qualified, licensed dentists 26 and dental hygienists by creating a responsible, streamlined 27 pathway for licensees to practice in participating states. 28 d. Enhances the ability of participating states to protect 29 the public’s health and safety. 30 e. Does not interfere with licensure requirements 31 established by a participating state. 32 f. Facilitates the sharing of licensure and disciplinary 33 information among participating states. 34 g. Requires dentists and dental hygienists who practice in a 35 -1- LSB 2358YC (3) 90 ss/rh 1/ 32

H.F. _____ participating state pursuant to a compact privilege to practice 1 within the scope of practice authorized in that state. 2 h. Extends the authority of a participating state to 3 regulate the practice of dentistry and dental hygiene within 4 its borders to dentists and dental hygienists who practice in 5 the state through a compact privilege. 6 i. Promotes the cooperation of participating states in 7 regulating the practice of dentistry and dental hygiene within 8 those states. 9 j. Facilitates the relocation of military members and 10 their spouses who are licensed to practice dentistry or dental 11 hygiene. 12 2. Definitions. As used in this compact, unless the context 13 requires otherwise, the following definitions shall apply: 14 a. “Active duty military” means an individual in full-time 15 duty status in the active uniformed service of the United 16 States, including members of the national guard and reserve. 17 b. “Adverse action” means any disciplinary action or 18 encumbrance imposed on a licensee or compact privilege by a 19 state licensing authority. 20 c. “Alternative program” means a nondisciplinary monitoring 21 or practice remediation process applicable to a dentist or 22 dental hygienist approved by a state licensing authority of a 23 participating state in which the dentist or dental hygienist is 24 licensed. “Alternative program” includes but is not limited to 25 programs to which licensees with substance abuse or addiction 26 issues are referred in lieu of adverse action. 27 d. “Clinical assessment” means an examination or process, 28 required for licensure as a dentist or dental hygienist as 29 applicable, that provides evidence of clinical competence in 30 dentistry or dental hygiene. 31 e. “Commissioner” means the individual appointed by a 32 participating state to serve as the member of the commission 33 for that participating state. 34 f. “Compact” means this dental and dental hygienist compact. 35 -2- LSB 2358YC (3) 90 ss/rh 2/ 32

H.F. _____ g. “Compact privilege” means the authorization granted by a 1 remote state to allow a licensee from a participating state to 2 practice as a dentist or dental hygienist in a remote state. 3 h. “Continuing professional development” means a requirement 4 as a condition of license renewal to provide evidence of 5 successful participation in educational or professional 6 activities relevant to practice or area of work. 7 i. “Criminal background check” means the submission of 8 fingerprints or other biometric-based information for a license 9 applicant for the purpose of obtaining the applicant’s criminal 10 history record information, as defined in 28 C.F.R. §20.3(d) 11 from the federal bureau of investigation and the state’s 12 criminal history record repository as defined in 28 C.F.R. 13 §20.3(f). 14 j. “Data system” means the commission’s repository of 15 information about licensees, including but not limited to 16 examinations, licensure, investigative information, compact 17 privileges, adverse actions, and alternative programs. 18 k. “Dental hygienist” means an individual who is licensed by 19 a state licensing authority to practice dental hygiene. 20 l. “Dentist” means an individual who is licensed by a state 21 licensing authority to practice dentistry. 22 m. “Dentist and dental hygienist compact commission” or 23 “commission” means a joint government agency established by this 24 compact comprised of each state that has enacted the compact 25 and a national administrative body comprised of a commissioner 26 from each state that has enacted the compact. 27 n. “Encumbered license” means a license that a state 28 licensing authority has limited in any way other than through 29 an alternative program. 30 o. “Executive board” means the chair, vice chair, secretary, 31 and treasurer, and any other commissioners as may be determined 32 by commission rule or bylaw. 33 p. “Jurisprudence requirement” means the assessment of an 34 individual’s knowledge of the laws and rules governing the 35 -3- LSB 2358YC (3) 90 ss/rh 3/ 32

H.F. _____ practice of dentistry or dental hygiene, as applicable, in a 1 state. 2 q. “License” means current authorization by a state, other 3 than authorization pursuant to a compact privilege, or other 4 privilege, for an individual to practice as a dentist or dental 5 hygienist in that state. 6 r. “Licensee” means an individual who holds an unrestricted 7 license from a participating state to practice as a dentist or 8 dental hygienist in that state. 9 s. “Model compact” means the model for the dentist and 10 dental hygienist compact on file with the council of state 11 governments or other entity as designated by the commission. 12 t. “Participating state” means a state that has enacted the 13 compact and been admitted to the commission in accordance with 14 the provisions of the compact and commission rules. 15 u. “Qualifying license” means a license that is not an 16 encumbered license issued by a participating state to practice 17 dentistry or dental hygiene. 18 v. “Remote state” means a participating state where a 19 licensee who is not licensed as a dentist or dental hygienist 20 is exercising or seeking to exercise the compact privilege. 21 w. “Rule” means a regulation promulgated by an entity that 22 has the force of law. 23 x. “Scope of practice” means the procedures, actions, and 24 processes a dentist or dental hygienist licensed in a state 25 is permitted to undertake in that state and the circumstances 26 under which the licensee is permitted to undertake those 27 procedures, actions, and processes. Such procedures, actions, 28 and processes and the circumstances under which they may 29 be established through means, including but not limited to 30 statutes, regulations, case law, and other processes available 31 to the state licensing authority or other government agency. 32 y. “Significant investigative information” means information, 33 records, and documents received or generated by a state 34 licensing authority pursuant to an investigation for which a 35 -4- LSB 2358YC (3) 90 ss/rh 4/ 32

H.F. _____ determination has been made that there is probable cause to 1 believe that the licensee has violated a statute or regulation 2 that is considered more than a minor infraction for which 3 the state licensing authority could pursue an adverse action 4 against the licensee. 5 z. “State” means a state, commonwealth, district, or 6 territory of the United States that regulates the practices of 7 dentistry and dental hygiene. 8 aa. “State licensing authority” means an agency or other 9 entity of a state that is responsible for the licensing and 10 regulation of dentists or dental hygienists. 11 3. State participation in the compact. 12 a. In order to join the compact and thereafter continue as a 13 participating state, a state must do all of the following: 14 (1) Enact a compact that is not materially different from 15 the model compact, as determined in accordance with commission 16 rules. 17 (2) Participate fully in the commission’s data system. 18 (3) Have a mechanism in place for receiving and 19 investigating complaints about its licensees and license 20 applicants. 21 (4) Notify the commission, in compliance with the terms of 22 the compact and commission rules, of any adverse action or the 23 availability of significant investigative information regarding 24 a licensee or license applicant. 25 (5) Fully implement a criminal background check 26 requirement, within a time frame established by commission 27 rule, by receiving the results of a qualifying criminal 28 background check. 29 (6) Comply with commission rules applicable to a 30 participating state. 31 (7) Accept the national board examinations of the joint 32 commission on national dental examinations or another 33 examination accepted by commission rule as a licensure 34 examination. 35 -5- LSB 2358YC (3) 90 ss/rh 5/ 32

H.F. _____ (8) Accept for licensure that applicants for a dentist 1 license graduate from a predoctoral dental education program 2 accredited by the commission on dental accreditation or another 3 agency permitted by commission rule, leading to the doctor of 4 dental surgery or doctor of dental medicine degree. 5 (9) Accept for licensure that applicants for a dental 6 hygienist license graduate from a dental hygiene program 7 accredited by the commission on dental accreditation or another 8 agency permitted by commission rule. 9 (10) Require for licensure that applicants successfully 10 complete a clinical assessment. 11 (11) Have continuing professional development requirements 12 as a condition for license renewal. 13 (12) Pay a participation fee to the commission as 14 established by commission rule. 15 b. Providing alternative pathways for an individual to 16 obtain an unrestricted license does not disqualify a state from 17 participating in the compact. 18 c. When conducting a criminal background check the state 19 licensing authority shall do all of the following: 20 (1) Consider that information in making a licensure 21 decision. 22 (2) Maintain documentation of the criminal background check 23 and background check information to the extent allowed by state 24 and federal law. 25 (3) Report to the commission whether a state has completed 26 the criminal background check and whether the individual was 27 granted or denied a license. 28 d. A licensee of a participating state who has a qualifying 29 license in that state and does not hold an encumbered license 30 in any other participating state shall be issued a compact 31 privilege in a remote state in accordance with the terms of 32 the compact and commission rules. If a remote state has a 33 jurisprudence requirement, a compact privilege will not be 34 issued to the licensee unless the licensee has satisfied the 35 -6- LSB 2358YC (3) 90 ss/rh 6/ 32

H.F. _____ jurisprudence requirement. 1 4. Compact privilege. 2 a. To obtain and exercise the compact privilege under the 3 terms and provisions of the compact, a licensee shall do all 4 of the following: 5 (1) Have a qualifying license as a dentist or dental 6 hygienist in a participating state. 7 (2) Be eligible for a compact privilege in any remote state 8 in accordance with paragraphs “d” , “g” , and “h” . 9 (3) Submit to an application process whenever the licensee 10 is seeking a compact privilege. 11 (4) Pay any applicable commission and remote state fees for 12 a compact privilege in the remote state. 13 (5) Meet any jurisprudence requirement established by 14 a remote state in which the licensee is seeking a compact 15 privilege. 16 (6) Have passed a national board examination of the 17 joint commission on national dental examinations or another 18 examination accepted by commission rule. 19 (7) For a dentist, have graduated from a predoctoral dental 20 education program accredited by the commission on dental 21 accreditation, or another accrediting agency recognized by the 22 United States department of education for the accreditation of 23 dentistry and dental hygiene education programs, leading to the 24 doctor of dental surgery or doctor of dental medicine degree. 25 (8) For a dental hygienist, have graduated from a dental 26 hygiene education program accredited by the commission 27 on dental accreditation or another accrediting agency 28 recognized by the United States department of education for 29 the accreditation of dentistry and dental hygiene education 30 programs. 31 (9) Have successfully completed a clinical assessment for 32 licensure. 33 (10) Report to the commission any adverse action taken 34 by any nonparticipating state when applying for a compact 35 -7- LSB 2358YC (3) 90 ss/rh 7/ 32

H.F. _____ privilege and otherwise within thirty days from the date the 1 adverse action is taken. 2 (11) Report to the commission when applying for a compact 3 privilege the address of the licensee’s primary residence and 4 thereafter immediately report to the commission any change in 5 the address of the licensee’s primary residence. 6 (12) Consent to accept service of process by mail at the 7 licensee’s primary residence on record with the commission 8 with respect to any action brought against the licensee 9 by the commission or a participating state, and consent to 10 accept service of a subpoena by mail at the licensee’s primary 11 residence on record with the commission with respect to any 12 action brought or investigation conducted by the commission or 13 a participating state. 14 b. The licensee must comply with the requirements in 15 paragraph “a” to maintain the compact privilege in the remote 16 state. If those requirements are met, the compact privilege 17 will continue as long as the licensee maintains a qualifying 18 license in the state through which the licensee applied for the 19 compact privilege and pays any applicable compact privilege 20 renewal fees. 21 c. A licensee providing dentistry or dental hygiene in a 22 remote state under the compact privilege shall function within 23 the scope of practice authorized by the remote state for a 24 dentist or dental hygienist licensed in that state. 25 d. A licensee providing dentistry or dental hygiene 26 pursuant to a compact privilege in a remote state is subject 27 to that state’s regulatory authority. A remote state may, in 28 accordance with due process and that state’s laws, by adverse 29 action revoke or remove a licensee’s compact privilege in the 30 remote state for a specific period of time, impose fines, 31 or take any other necessary actions to protect the health 32 and safety of its citizens. If a remote state imposes an 33 adverse action against a compact privilege that limits the 34 compact privilege, that adverse action applies to all compact 35 -8- LSB 2358YC (3) 90 ss/rh 8/ 32

H.F. _____ privileges in all remote states. A licensee whose compact 1 privilege in a remote state is removed for a specified period 2 of time is not eligible for a compact privilege in any other 3 remote state until the specific time for removal of the compact 4 privilege has passed and all encumbrance requirements are 5 satisfied. 6 e. If a license in a participating state is an encumbered 7 license, the licensee shall lose the compact privilege in a 8 remote state and shall not be eligible for a compact privilege 9 in any remote state until the license is no longer encumbered. 10 f. Once an encumbered license in a participating state 11 is restored to good standing, the licensee must meet the 12 requirements of paragraph “a” to obtain a compact privilege in a 13 remote state. 14 g. If a licensee’s compact privilege in a remote state is 15 removed by the remote state, the individual shall lose or be 16 ineligible for the compact privilege in any remote state until 17 both of the following occur: 18 (1) The specified period of time for which the compact 19 privilege was removed has ended. 20 (2) All conditions for removal of the compact privilege have 21 been satisfied. 22 h. Once the requirements of paragraph “g” have been met, the 23 licensee must meet the requirements of paragraph “a” to obtain a 24 compact privilege in a remote state. 25 5. Adverse actions. 26 a. A participating state in which a licensee is licensed 27 shall have exclusive authority to impose adverse action against 28 the qualifying license issued by that participating state. 29 b. A participating state may take adverse action based on 30 significant investigative information of a remote state, so 31 long as the participating state follows its own procedures for 32 imposing adverse action. 33 c. Nothing in this compact shall override a participating 34 state’s decision that participation in an alternative 35 -9- LSB 2358YC (3) 90 ss/rh 9/ 32

H.F. _____ program may be used in lieu of adverse action and that 1 such participation shall remain nonpublic if required by 2 the participating state’s laws. Participating states must 3 require licensees who enter any alternative program in lieu 4 of discipline to agree not to practice pursuant to a compact 5 privilege in any other participating state during the term of 6 the alternative program without prior authorization from such 7 other participating state. 8 d. Any participating state in which a licensee is applying 9 to practice or is practicing pursuant to a compact privilege 10 may investigate actual or alleged violations of the statutes 11 and regulations authorizing the practice of dentistry or dental 12 hygiene in any other participating state in which the dentist 13 or dental hygienist holds a license or compact privilege. 14 e. A remote state shall have the authority to do all of the 15 following: 16 (1) Take adverse actions as set forth in subsection 4, 17 paragraph “d” , against a licensee’s compact privilege in the 18 state. 19 (2) In furtherance of its rights and responsibilities 20 under the compact and commission’s rules, issue subpoenas 21 for both hearings and investigations that require the 22 attendance and testimony of witnesses and the production of 23 evidence. Subpoenas issued by a state licensing authority 24 in a participating state for the attendance and testimony 25 of witnesses, or the production of evidence from another 26 participating state, shall be enforced in the latter state by 27 any court of competent jurisdiction according to the practice 28 and procedure of that court applicable to subpoenas issued in 29 proceedings pending before it. The issuing authority shall 30 pay any witness fees, travel expenses, mileage, and other 31 fees required by the service statutes of the state where the 32 witnesses or evidence are located. 33 (3) If otherwise permitted by state law, recover from the 34 licensee the costs of investigation and disposition of cases 35 -10- LSB 2358YC (3) 90 ss/rh 10/ 32

H.F. _____ resulting from any adverse action taken against that licensee. 1 f. Joint investigations. 2 (1) In addition to the authority granted to a participating 3 state by its dentist or dental hygienist licensure act or 4 other applicable state law, a participating state may jointly 5 investigate licensees with other participating states. 6 (2) Participating states shall share any significant 7 investigative information, litigation, or compliance materials 8 in furtherance of any joint or individual investigation 9 initiated under the compact. 10 g. Authority to continue investigation. 11 (1) After a licensee’s compact privilege in a remote state 12 is terminated, the remote state may continue an investigation 13 of the licensee that began when the licensee had a compact 14 privilege in that remote state. 15 (2) If the investigation yields what would be significant 16 investigative information had the licensee continued to have a 17 compact privilege in that remote state, the remote state shall 18 report the presence of such information to the data system as 19 required by subsection 7, paragraph “b” , subparagraph (6), as if 20 it was significant investigative information. 21 6. Establishment and operation of the commission. 22 a. The compact participating states hereby create and 23 establish a joint government agency whose membership consists 24 of all participating states that have enacted the compact. 25 The commission is an instrumentality of the participating 26 states acting jointly and not an instrumentality of any one 27 state. The commission shall come into existence on or after 28 the effective date of the compact as set forth in subsection 29 10, paragraph “a” . 30 b. Participation, voting, and meetings. 31 (1) Each participating state shall have and be limited 32 to one commissioner selected by the participating state’s 33 state licensing authority or, if the state has more than one 34 state licensing authority, selected collectively by the state 35 -11- LSB 2358YC (3) 90 ss/rh 11/ 32

H.F. _____ licensing authorities. 1 (2) The commissioner shall be a member or designee of such 2 authority or authorities. 3 (3) The commission may by rule or bylaw establish a term 4 of office for commissioners and may by rule or bylaw establish 5 term limits. 6 (4) The commission may recommend to a state licensing 7 authority or authorities, as applicable, removal or suspension 8 of an individual as the state’s commissioner. 9 (5) A participating state’s state licensing authority 10 or authorities, as applicable, shall fill any vacancy of 11 its commissioner on the commission within sixty days of the 12 vacancy. 13 (6) Each commissioner shall be entitled to one vote on all 14 matters that are voted upon by the commission. 15 (7) The commission shall meet at least once during each 16 calendar year. Additional meetings may be held as set forth 17 in the bylaws. The commission may meet by telecommunication, 18 video conference, or other similar electronic means. 19 c. The commission shall have the following powers: 20 (1) Establish the fiscal year of the commission. 21 (2) Establish a code of conduct and conflict of interest 22 policies. 23 (3) Adopt rules and bylaws. 24 (4) Maintain its financial records in accordance with the 25 bylaws. 26 (5) Meet and take such actions as are consistent with the 27 provisions of this compact, the commission’s rules, and the 28 bylaws. 29 (6) Initiate and conclude legal proceedings or actions in 30 the name of the commission, provided that the standing of a 31 state licensing authority to sue or be sued under applicable 32 law shall not be affected. 33 (7) Maintain and certify records and information provided 34 to a participating state as the authenticated business records 35 -12- LSB 2358YC (3) 90 ss/rh 12/ 32

H.F. _____ of the commission, and designate a person to do so on the 1 commission’s behalf. 2 (8) Purchase and maintain insurance and bonds. 3 (9) Borrow, accept, or contract for services of personnel, 4 including but not limited to employees of a participating 5 state. 6 (10) Conduct an annual financial review. 7 (11) Hire employees, elect or appoint officers, fix 8 compensation, define duties, grant such individuals appropriate 9 authority to carry out the purposes of the compact, and 10 establish the commission’s personnel policies and programs 11 relating to conflicts of interest, qualifications of personnel, 12 and other related personnel matters. 13 (12) As set forth in the commission rules, charge a fee to 14 a licensee for the grant of a compact privilege in a remote 15 state and thereafter, as may be established by commission 16 rule, charge the licensee a compact privilege renewal fee 17 for each renewal period in which that licensee exercises or 18 intends to exercise the compact privilege in that remote state. 19 Nothing herein shall be construed to prevent a remote state 20 from charging a licensee a fee for a compact privilege or 21 renewals of a compact privilege, or a fee for the jurisprudence 22 requirement if the remote state imposes such a requirement for 23 the grant of a compact privilege. 24 (13) Accept any and all appropriate gifts, donations, 25 grants of money, other sources of revenue, equipment, supplies, 26 materials, and services, and receive, utilize, and dispose of 27 the same, provided that at all times the commission shall avoid 28 any appearance of impropriety or conflict of interest. 29 (14) Lease, purchase, retain, own, hold, improve, or use any 30 property, real, personal, or mixed, or any undivided interest 31 therein. 32 (15) Sell, convey, mortgage, pledge, lease, exchange, 33 abandon, or otherwise dispose of any property, real, personal, 34 or mixed. 35 -13- LSB 2358YC (3) 90 ss/rh 13/ 32

H.F. _____ (16) Establish a budget or make expenditures. 1 (17) Borrow money. 2 (18) Appoint committees, including standing committees, 3 which may be composed of members, state regulators, 4 state legislators or their representatives, and consumer 5 representatives, and such other interested persons as may be 6 designated in this compact and the bylaws. 7 (19) Provide and receive information from, and cooperate 8 with, law enforcement agencies. 9 (20) Elect a chair, vice chair, secretary, and treasurer, 10 and such other officers of the commission as provided in the 11 commission’s bylaws. 12 (21) Establish and elect an executive board. 13 (22) Adopt and provide to the participating states an annual 14 report. 15 (23) Determine whether a state’s enacted compact is 16 materially different from the model compact language such that 17 the state would not qualify for participation in the compact. 18 (24) Perform such other functions as may be necessary or 19 appropriate to achieve the purposes of this compact. 20 d. Meetings of the commission. 21 (1) All meetings of the commission that are not closed 22 pursuant to this paragraph shall be open to the public. Notice 23 of public meetings shall be posted on the commission’s internet 24 site at least thirty days prior to the public meeting. 25 (2) Notwithstanding subparagraph (1), the commission may 26 convene an emergency public meeting by providing at least 27 twenty-four hours prior notice on the commission’s internet 28 site, and any other means as provided in the commission’s 29 rules, for any of the reasons it may dispense with notice 30 of proposed rulemaking under subsection 8, paragraph “l” . 31 The commission’s legal counsel shall certify that one of the 32 reasons justifying an emergency public meeting has been met. 33 (3) Notice of all commission meetings shall provide the 34 time, date, and location of the meeting, and if the meeting 35 -14- LSB 2358YC (3) 90 ss/rh 14/ 32

H.F. _____ is to be held or accessible via telecommunication, video 1 conference, or other electronic means, the notice shall include 2 the mechanism for access to the meeting through such means. 3 (4) The commission may convene in a closed, nonpublic 4 meeting for the commission to receive legal advice or to 5 discuss any of the following: 6 (a) Noncompliance of a participating state with its 7 obligations under the compact. 8 (b) The employment, compensation, discipline, or other 9 matters, practices, or procedures related to specific employees 10 or other matters related to the commission’s internal personnel 11 practices and procedures. 12 (c) Current or threatened discipline of a licensee 13 or compact privilege holder by the commission or by a 14 participating state’s licensing authority. 15 (d) Current, threatened, or reasonably anticipated 16 litigation. 17 (e) Negotiation of contracts for the purchase, lease, or 18 sale of goods, services, or real estate. 19 (f) Accusing any person of a crime or formally censuring any 20 person. 21 (g) Trade secrets or commercial or financial information 22 that is privileged or confidential. 23 (h) Information of a personal nature where disclosure would 24 constitute a clearly unwarranted invasion of personal privacy. 25 (i) Investigative records compiled for law enforcement 26 purposes. 27 (j) Information related to any investigative reports 28 prepared by or on behalf of or for use of the commission or 29 other committee charged with responsibility of investigation or 30 determination of compliance issues pursuant to the compact. 31 (k) Legal advice. 32 (l) Matters specifically exempted from disclosure to the 33 public by federal or participating state law. 34 (m) Other matters as promulgated by the commission by rule. 35 -15- LSB 2358YC (3) 90 ss/rh 15/ 32

H.F. _____ (5) If a meeting, or portion of a meeting, is closed, the 1 presiding officer shall state that the meeting will be closed 2 and reference each relevant exempting provision, and such 3 reference shall be recorded in the minutes. 4 (6) The commission shall keep minutes that fully and clearly 5 describe all matters discussed in a meeting and shall provide 6 a full and accurate summary of actions taken, and the reasons 7 therefore, including a description of the views expressed. 8 All documents considered in connection with an action shall 9 be identified in such minutes. All minutes and documents of 10 a closed meeting shall remain under seal, subject to release 11 only by a majority vote of the commission or order of a court of 12 competent jurisdiction. 13 e. Financing of the commission. 14 (1) The commission shall pay or provide for the payment of 15 the reasonable expenses of its establishment, organization, and 16 ongoing activities. 17 (2) The commission may accept any and all appropriate 18 sources of revenue, donations, and grants of money, equipment, 19 supplies, materials, and services. 20 (3) The commission may levy on and collect an annual 21 assessment from each participating state and impose fees on 22 licensees of participating states when a compact privilege is 23 granted to cover the cost of the operations and activities 24 of the commission and its staff, which must be in a total 25 amount sufficient to cover its annual budget as approved each 26 fiscal year for which sufficient revenue is not provided by 27 other sources. The aggregate annual assessment amount for 28 participating states shall be allocated based upon a formula 29 that the commission shall promulgate by rule. 30 (4) The commission shall not incur obligations of any kind 31 prior to securing the funds adequate to meet the same, nor 32 shall the commission pledge the credit of any participating 33 state, except by and with the authority of the participating 34 state. 35 -16- LSB 2358YC (3) 90 ss/rh 16/ 32

H.F. _____ (5) The commission shall keep accurate accounts of all 1 receipts and disbursements. The receipts and disbursements 2 of the commission shall be subject to the financial review 3 and accounting procedures established under its bylaws. All 4 receipts and disbursements of funds handled by the commission 5 shall be subject to an annual financial review by a certified 6 or licensed public accountant, and the report of the financial 7 review shall be included in and become part of the annual 8 report of the commission. 9 f. The executive board. 10 (1) The executive board shall have the power to act on 11 behalf of the commission according to the terms of this 12 compact. The powers, duties, and responsibilities of the 13 executive board shall include all of the following: 14 (a) Overseeing the day-to-day activities of the 15 administration of the compact including compliance with the 16 provisions of the compact, the commission’s rules, and bylaws. 17 (b) Recommending to the commission changes to the rules or 18 bylaws, changes to this compact legislation, fees charged to 19 the compact participating states, fees charged to licensees, 20 and other fees. 21 (c) Ensuring compact administration services are 22 appropriately provided, including by contract. 23 (d) Preparing and recommending the budget. 24 (e) Maintaining financial records on behalf of the 25 commission. 26 (f) Monitoring compact compliance of participating states 27 and providing compliance reports to the commission. 28 (g) Establishing additional committees as necessary. 29 (h) Exercising the powers and duties of the commission 30 during the interim between commission meetings, except for 31 adopting or amending rules, adopting or amending bylaws, and 32 exercising any other powers and duties expressly reserved to 33 the commission by rule or bylaw. 34 (i) Other duties as provided in the rules or bylaws of the 35 -17- LSB 2358YC (3) 90 ss/rh 17/ 32

H.F. _____ commission. 1 (2) The executive board shall be composed of up to seven 2 members: 3 (a) The chair, vice chair, secretary, and treasurer of the 4 commission, and any other members of the commission who serve 5 on the executive board shall be voting members of the executive 6 board. 7 (b) Other than the chair, vice chair, secretary, and 8 treasurer of the commission, the commission may elect up 9 to three voting members from the current membership of the 10 commission. 11 (3) The commission may remove any member of the executive 12 board as provided in the commission’s bylaws. 13 (4) The executive board shall meet at least annually. 14 (a) An executive board meeting at which it takes or intends 15 to take formal action on a matter shall be open to the public, 16 except that the executive board may meet in a closed, nonpublic 17 session of a public meeting when dealing with any of the 18 matters covered under paragraph “d” , subparagraph (4). 19 (b) The executive board shall give five business days’ 20 notice of its public meetings, posted on its internet site and 21 as it may otherwise determine to provide notice to persons with 22 an interest in the public matters the executive board intends 23 to address at those meetings. 24 (5) The executive board may hold an emergency meeting when 25 acting for the commission to do any of the following: 26 (a) Meet an imminent threat to public health, safety, or 27 welfare. 28 (b) Prevent a loss of commission or participating state 29 funds. 30 (c) Protect public health and safety. 31 g. Qualified immunity, defense, and indemnification. 32 (1) The members, officers, executive director, employees, 33 and representatives of the commission shall be immune from suit 34 and liability, both personally and in their official capacity, 35 -18- LSB 2358YC (3) 90 ss/rh 18/ 32

H.F. _____ for any claim for damage to or loss of property or personal 1 injury or other civil liability caused by or arising out of any 2 actual or alleged act, error, or omission that occurred, or 3 that the person against whom the claim is made had a reasonable 4 basis for believing occurred within the scope of commission 5 employment, duties, or responsibilities; provided that nothing 6 in this paragraph shall be construed to protect any such 7 person from suit or liability for any damage, loss, injury, 8 or liability caused by the intentional, willful, or wanton 9 misconduct of that person. The procurement of insurance of any 10 type by the commission shall not in any way compromise or limit 11 the immunity granted hereunder. 12 (2) The commission shall defend any member, officer, 13 executive director, employee, and representative of the 14 commission in any civil action seeking to impose liability 15 arising out of any actual or alleged act, error, or omission 16 that occurred within the scope of commission employment, 17 duties, or responsibilities, or as determined by the commission 18 that the person against whom the claim is made had a reasonable 19 basis for believing occurred within the scope of commission 20 employment, duties, or responsibilities; provided that nothing 21 in this paragraph shall be construed to prohibit that person 22 from retaining counsel at that person’s own expense; and 23 provided further that the actual or alleged act, error, 24 or omission did not result from that person’s intentional, 25 willful, or wanton misconduct. 26 (3) Notwithstanding subparagraph (1), should any member, 27 officer, executive director, employee, or representative of the 28 commission be held liable for the amount of any settlement or 29 judgment arising out of any actual or alleged act, error, or 30 omission that occurred within the scope of that individual’s 31 employment, duties, or responsibilities for the commission, 32 or that the person to whom the individual is liable had a 33 reasonable basis for believing occurred within the scope of 34 the individual’s employment, duties, or responsibilities 35 -19- LSB 2358YC (3) 90 ss/rh 19/ 32

H.F. _____ for the commission, the commission shall indemnify and hold 1 harmless such individual, provided that the actual or alleged 2 act, error, or omission did not result from the intentional, 3 willful, or wanton misconduct of the individual. 4 (4) Nothing in this compact shall be construed as a 5 limitation on the liability of any licensee for professional 6 malpractice or misconduct, which shall be governed solely by 7 any other applicable state laws. 8 (5) Nothing in this compact shall be interpreted to waive 9 or otherwise abrogate a participating state’s state action 10 immunity or state action affirmative defense with respect to 11 antitrust claims under the Sherman Act, Clayton Act, or any 12 other state or federal antitrust or anticompetitive law or 13 regulation. 14 (6) Nothing in this compact shall be construed to be a 15 waiver of sovereign immunity by the participating states or by 16 the commission. 17 7. Data system. 18 a. The commission shall provide for the development, 19 maintenance, operation, and utilization of a coordinated 20 database and reporting system containing licensure, adverse 21 action, and the presence of significant investigative 22 information on all licensees and applicants for a license in 23 participating states. 24 b. Notwithstanding any other provision of state law to the 25 contrary, a participating state shall submit a uniform data 26 set to the data system on all individuals to whom this compact 27 is applicable as required by the rules of the commission, 28 including all of the following: 29 (1) Identifying information. 30 (2) Licensure data. 31 (3) Adverse actions against a licensee, license applicant, 32 or compact privilege, and information related thereto. 33 (4) Nonconfidential information related to alternative 34 program participation, the beginning and ending dates of 35 -20- LSB 2358YC (3) 90 ss/rh 20/ 32

H.F. _____ such participation, and other information related to such 1 participation. 2 (5) Any denial of an application for licensure and the 3 reason for such denial, excluding the reporting of any criminal 4 history record information where prohibited by law. 5 (6) The presence of significant investigative information. 6 (7) Other information that may facilitate the 7 administration of this compact or the protection of the public, 8 as determined by the rules of the commission. 9 c. The records and information provided to a participating 10 state pursuant to this compact or through the data system, 11 when certified by the commission or an agent thereof, 12 shall constitute the authenticated business records of the 13 commission, and shall be entitled to any associated hearsay 14 exception in any relevant judicial, quasi-judicial, or 15 administrative proceedings in a participating state. 16 d. Significant investigative information pertaining to a 17 licensee in any participating state will only be available to 18 other participating states. 19 e. It is the responsibility of the participating states 20 to monitor the database to determine whether adverse action 21 has been taken against a licensee or license applicant. 22 Adverse action information pertaining to a licensee or license 23 applicant in any participating state will be available to any 24 other participating state. 25 f. Participating states contributing information to the data 26 system may designate information that may not be shared with 27 the public without the express permission of the contributing 28 state. 29 g. Any information submitted to the data system that is 30 subsequently expunged pursuant to federal law or the laws of 31 the participating state contributing the information shall be 32 removed from the data system. 33 8. Rulemaking. 34 a. The commission shall promulgate reasonable rules in 35 -21- LSB 2358YC (3) 90 ss/rh 21/ 32

H.F. _____ order to effectively and efficiently implement and administer 1 the purposes and provisions of the compact. A commission rule 2 shall be invalid and have no force or effect only if a court of 3 competent jurisdiction holds that the rule is invalid because 4 the commission exercised its rulemaking authority in a manner 5 that is beyond the scope and purposes of the compact or the 6 powers granted hereunder, or based upon another applicable 7 standard of review. 8 b. The rules of the commission shall have the force of 9 law in each participating state, provided however that where 10 the rules of the commission conflict with the laws of the 11 participating state that establish the participating state’s 12 scope of practice as held by a court of competent jurisdiction, 13 the rules of the commission shall be ineffective in that state 14 to the extent of the conflict. 15 c. The commission shall exercise its rulemaking powers 16 pursuant to the criteria set forth in this section and the 17 rules adopted thereunder. Rules shall become binding as of the 18 date specified by the commission for each rule. 19 d. If a majority of the legislatures of the participating 20 states rejects a commission rule or portion of a commission 21 rule, by enactment of a statute or resolution in the same 22 manner used to adopt the compact, within four years of the date 23 of adoption of the rule, then such rule shall have no further 24 force and effect in any participating state or to any state 25 applying to participate in the compact. 26 e. Rules shall be adopted at a regular or special meeting 27 of the commission. 28 f. Prior to adoption of a proposed rule, the commission 29 shall hold a public hearing and allow persons to provide oral 30 and written comments, data, facts, opinions, and arguments. 31 g. Prior to adoption of a proposed rule by the commission, 32 and at least thirty days in advance of the meeting at which the 33 commission will hold a public hearing on the proposed rule, 34 the commission shall provide a notice of proposed rulemaking 35 -22- LSB 2358YC (3) 90 ss/rh 22/ 32

H.F. _____ as follows: 1 (1) On the internet site of the commission or other publicly 2 accessible platform. 3 (2) To persons who have requested notice of the commission’s 4 notices of proposed rulemaking. 5 (3) In such other ways as the commission may by rule 6 specify. 7 h. The notice of proposed rulemaking shall include all of 8 the following: 9 (1) The time, date, and location of the public hearing at 10 which the commission will hear public comments on the proposed 11 rule and, if different, the time, date, and location of the 12 meeting where the commission will consider and vote on the 13 proposed rule. 14 (2) If the hearing is held via telecommunication, video 15 conference, or other electronic means, the commission shall 16 include the mechanism for access to the hearing in the notice 17 of proposed rulemaking. 18 (3) The text of the proposed rule and the reason for the 19 proposed rule. 20 (4) A request for comments on the proposed rule from any 21 interested person. 22 (5) The manner in which interested persons may submit 23 written comments. 24 i. All hearings will be recorded. A copy of the recording 25 and all written comments and documents received by the 26 commission in response to the proposed rule shall be available 27 to the public. 28 j. Nothing in this subsection shall be construed as 29 requiring a separate hearing on each commission rule. Rules 30 may be grouped for convenience of the commission at hearings 31 required by this section. 32 k. The commission shall, by a majority vote of all 33 commissioners, take final action on the proposed rule based on 34 the rulemaking record. 35 -23- LSB 2358YC (3) 90 ss/rh 23/ 32

H.F. _____ (1) The commission may adopt changes to the proposed rule 1 provided the changes do not enlarge the original purposes of 2 the proposed rule. 3 (2) The commission shall provide an explanation of the 4 reasons for substantive changes made to the proposed rule as 5 well as reasons for substantive changes not made that were 6 recommended by commenters. 7 (3) The commission shall determine a reasonable effective 8 date for the rule. Except for an emergency as provided in 9 paragraph “l” , the effective date of the rule shall be no sooner 10 than thirty days after the commission issuing the notice that 11 it adopted or amended the rule. 12 l. Upon determination that an emergency exists, the 13 commission may consider and adopt an emergency rule with 14 twenty-four hours’ notice, with opportunity to comment, 15 provided that the usual rulemaking procedures provided in the 16 compact and in this subsection shall be retroactively applied 17 to the rule as soon as reasonably possible, but in no event 18 later than ninety days after the effective date of the rule. 19 For the purposes of this provision, an emergency rule is one 20 that must be adopted immediately in order to do any of the 21 following: 22 (1) Meet an imminent threat to public health, safety, or 23 welfare. 24 (2) Prevent a loss of commission or participating state 25 funds. 26 (3) Meet a deadline for the promulgation of a rule that is 27 established by federal law or rule. 28 (4) Protect public health and safety. 29 m. The commission or an authorized committee of the 30 commission may direct revisions to a previously adopted rule 31 for purposes of correcting typographical errors, errors in 32 format, errors in consistency, or grammatical errors. Public 33 notice of any revisions shall be posted on the internet site 34 of the commission. The revision shall be subject to challenge 35 -24- LSB 2358YC (3) 90 ss/rh 24/ 32

H.F. _____ by any person for a period of thirty days after posting. The 1 revision may be challenged only on grounds that the revision 2 results in a material change to a rule. A challenge shall 3 be made in writing and delivered to the commission prior to 4 the end of the notice period. If no challenge is made, the 5 revision will take effect without further action. If the 6 revision is challenged, the revision may not take effect 7 without the approval of the commission. 8 n. No participating state’s rulemaking requirements shall 9 apply under this compact. 10 9. Oversight, dispute resolution, and enforcement. 11 a. Oversight. 12 (1) The executive and judicial branches of state government 13 in each participating state shall enforce this compact and take 14 all actions necessary and appropriate to implement the compact. 15 (2) Venue is proper and judicial proceedings by or against 16 the commission shall be brought solely and exclusively in a 17 court of competent jurisdiction where the principal office of 18 the commission is located. The commission may waive venue and 19 jurisdictional defenses to the extent it adopts or consents 20 to participate in alternative dispute resolution proceedings. 21 Nothing herein shall affect or limit the selection or propriety 22 of venue in any action against a licensee for professional 23 malpractice, misconduct, or any such similar matter. 24 (3) The commission shall be entitled to receive service 25 of process in any proceeding regarding the enforcement or 26 interpretation of the compact or commission rule and shall have 27 standing to intervene in such a proceeding for all purposes. 28 Failure to provide the commission service of process shall 29 render a judgment or order void as to the commission, this 30 compact, or promulgated rules. 31 b. Default, technical assistance, and termination. 32 (1) If the commission determines that a participating 33 state has defaulted in the performance of its obligations or 34 responsibilities under this compact or the promulgated rules, 35 -25- LSB 2358YC (3) 90 ss/rh 25/ 32

H.F. _____ the commission shall provide written notice to the defaulting 1 state. The notice of default shall describe the default, the 2 proposed means of curing the default, and any other action that 3 the commission may take, and shall offer training and specific 4 technical assistance regarding the default. 5 (2) The commission shall provide a copy of the notice of 6 default to the other participating states. 7 c. If a state in default fails to cure the default, the 8 defaulting state may be terminated from the compact upon an 9 affirmative vote of a majority of the commissioners, and all 10 rights, privileges, and benefits conferred on that state 11 by this compact may be terminated on the effective date of 12 termination. A cure of the default does not relieve the 13 offending state of obligations or liabilities incurred during 14 the period of default. 15 d. Termination of participation in the compact shall be 16 imposed only after all other means of securing compliance have 17 been exhausted. Notice of intent to suspend or terminate shall 18 be given by the commission to the governor, the majority and 19 minority leaders of the defaulting state’s legislature, the 20 defaulting state’s state licensing authority or authorities, 21 as applicable, and each of the participating states’ state 22 licensing authority or authorities, as applicable. 23 e. A state that has been terminated is responsible for all 24 assessments, obligations, and liabilities incurred through 25 the effective date of termination, including obligations that 26 extend beyond the effective date of termination. 27 f. Upon the termination of a state’s participation in 28 this compact, that state shall immediately provide notice 29 to all licensees of the state, including licensees of other 30 participating states issued a compact privilege to practice 31 within that state, of such termination. The terminated state 32 shall continue to recognize all compact privileges then in 33 effect in that state for a minimum of one hundred eighty days 34 after the date of said notice of termination. 35 -26- LSB 2358YC (3) 90 ss/rh 26/ 32

H.F. _____ g. The commission shall not bear any costs related to 1 a state that is found to be in default or that has been 2 terminated from the compact unless agreed upon in writing 3 between the commission and the defaulting state. 4 h. The defaulting state may appeal the action of the 5 commission by petitioning the United States district court 6 for the District of Columbia or the federal district where 7 the commission has its principal offices. The prevailing 8 party shall be awarded all costs of such litigation, including 9 reasonable attorney fees. 10 i. Dispute resolution. 11 (1) Upon request by a participating state, the commission 12 shall attempt to resolve disputes related to the compact that 13 arise among participating states and between participating 14 states and nonparticipating states. 15 (2) The commission shall promulgate a rule providing for 16 both mediation and binding dispute resolution for disputes as 17 appropriate. 18 j. Enforcement. 19 (1) The commission, in the reasonable exercise of its 20 discretion, shall enforce the provisions of this compact and 21 the commission’s rules. 22 (2) By a majority vote, the commission may initiate 23 legal action against a participating state in default in the 24 United States district court for the District of Columbia or 25 the federal district where the commission has its principal 26 offices to enforce compliance with the provisions of the 27 compact and its promulgated rules. The relief sought may 28 include both injunctive relief and damages. In the event 29 judicial enforcement is necessary, the prevailing party shall 30 be awarded all costs of such litigation, including reasonable 31 attorney fees. The remedies herein shall not be the exclusive 32 remedies of the commission. The commission may pursue any 33 other remedies available under federal or the defaulting 34 participating state’s law. 35 -27- LSB 2358YC (3) 90 ss/rh 27/ 32

H.F. _____ (3) A participating state may initiate legal action 1 against the commission in the United States district court for 2 the District of Columbia or the federal district where the 3 commission has its principal offices to enforce compliance with 4 the provisions of the compact and its promulgated rules. The 5 relief sought may include both injunctive relief and damages. 6 In the event judicial enforcement is necessary, the prevailing 7 party shall be awarded all costs of such litigation, including 8 reasonable attorney fees. 9 (4) No individual or entity other than a participating state 10 may enforce this compact against the commission. 11 10. Effective date, withdrawal, and amendment. 12 a. The compact shall come into effect on the date on 13 which the compact statute is enacted into law in the seventh 14 participating state. 15 (1) On or after the effective date of the compact, the 16 commission shall convene and review the enactment of each of 17 the states that enacted the compact prior to the commission 18 convening, who shall be known as charter participating states, 19 to determine if the statute enacted by each such charter 20 participating state is materially different from the model 21 compact. 22 (a) A charter participating state whose enactment is found 23 to be materially different from the model compact shall be 24 entitled to the default process set forth in subsection 9. 25 (b) If any participating state is later found to be in 26 default, or is terminated or withdraws from the compact, the 27 commission shall remain in existence and the compact shall 28 remain in effect even if the number of participating states 29 should be less than seven. 30 (2) Participating states enacting the compact subsequent 31 to the charter participating states shall be subject to the 32 process set forth in subsection 6, paragraph “c” , subparagraph 33 (23), to determine if their enactments are materially 34 different from the model compact and whether they qualify for 35 -28- LSB 2358YC (3) 90 ss/rh 28/ 32

H.F. _____ participation in the compact. 1 (3) All actions taken for the benefit of the commission 2 or in furtherance of the purposes of the administration of 3 the compact prior to the effective date of the compact or the 4 commission coming into existence shall be considered to be 5 actions of the commission unless specifically repudiated by the 6 commission. 7 (4) Any state that joins the compact subsequent to the 8 commission’s initial adoption of the rules and bylaws shall be 9 subject to the commission’s rules and bylaws as they exist on 10 the date on which the compact becomes law in that state. Any 11 rule that has been previously adopted by the commission shall 12 have the full force and effect of law on the day the compact 13 becomes law in that state. 14 b. Any participating state may withdraw from this compact 15 by enacting a statute repealing the state’s enactment of the 16 compact. 17 (1) A participating state’s withdrawal shall not take 18 effect until one hundred eighty days after enactment of the 19 repealing statute. 20 (2) Withdrawal shall not affect the continuing requirement 21 of the withdrawing state’s licensing authority or authorities 22 to comply with the investigative and adverse action reporting 23 requirements of this compact prior to the effective date of 24 withdrawal. 25 (3) Upon the enactment of a statute withdrawing from this 26 compact, the state shall immediately provide notice of such 27 withdrawal to all licensees within that state. Notwithstanding 28 any subsequent statutory enactment to the contrary, such 29 withdrawing state shall continue to recognize all compact 30 privileges to practice within that state granted pursuant to 31 this compact for a minimum of one hundred eighty days after the 32 date of such notice of withdrawal. 33 c. Nothing contained in this compact shall be construed 34 to invalidate or prevent any licensure agreement or other 35 -29- LSB 2358YC (3) 90 ss/rh 29/ 32

H.F. _____ cooperative arrangement between a participating state and 1 a nonparticipating state that does not conflict with the 2 provisions of this compact. 3 d. This compact may be amended by the participating states. 4 No amendment to this compact shall become effective and binding 5 upon any participating state until it is enacted into the laws 6 of all participating states. 7 11. Construction and severability. 8 a. This compact and the commission’s rulemaking authority 9 shall be liberally construed so as to effectuate the purposes 10 and the implementation and administration of the compact. 11 Provisions of the compact expressly authorizing or requiring 12 the promulgation of rules shall not be construed to limit the 13 commission’s rulemaking authority solely for those purposes. 14 b. The provisions of this compact shall be severable, and 15 if any phrase, clause, sentence, or provision of this compact 16 is held by a court of competent jurisdiction to be contrary to 17 the constitution of any participating state, a state seeking 18 participation in the compact, or of the United States, or 19 the applicability thereof to any government, agency, person, 20 or circumstance is held to be unconstitutional by a court of 21 competent jurisdiction, the validity of the remainder of this 22 compact and the applicability thereof to any other government, 23 agency, person, or circumstance shall not be affected thereby. 24 c. Notwithstanding paragraph “b” , the commission may deny 25 a state’s participation in the compact or, in accordance with 26 the requirements of subsection 9, paragraph “b” , terminate 27 a participating state’s participation in the compact, if it 28 determines that a constitutional requirement of a participating 29 state is a material departure from the compact. Otherwise, if 30 this compact shall be held to be contrary to the constitution 31 of any participating state, the compact shall remain in full 32 force and effect as to the remaining participating states and 33 in full force and effect as to the participating state affected 34 as to all severable matters. 35 -30- LSB 2358YC (3) 90 ss/rh 30/ 32

H.F. _____ 12. Consistent effect and conflict with other state laws. 1 a. Nothing herein shall prevent or inhibit the enforcement 2 of any other law of a participating state that is not 3 inconsistent with the compact. 4 b. Any laws, statutes, regulations, or other legal 5 requirements in a participating state in conflict with the 6 compact are superseded to the extent of the conflict. 7 c. All permissible agreements between the commission and 8 the participating states are binding in accordance with their 9 terms. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill establishes the dentist and dental hygienist 14 compact. 15 The compact establishes a system whereby dentists and 16 dental hygienists licensed to practice in one member state may 17 practice in another member state under a compact privilege 18 without applying for a license in that state. The compact 19 imposes certain minimum requirements on the licensure of 20 dentists and dental hygienists in member states. The compact 21 comes into effect upon adoption by seven states. 22 The compact creates a commission to administer the operation 23 of the compact. The commission is an instrumentality of the 24 party states. The compact includes provisions relating to the 25 establishment and membership of the commission; powers of the 26 commission; meetings and voting requirements of the commission; 27 commission bylaws and rules; commission committees; commission 28 finances; the establishment of a licensure data system; 29 oversight by member states; compacting state compliance; 30 venue for judicial proceedings; defense and indemnification; 31 effective dates and amendments to the compact; withdrawal, 32 default, and expulsion; severability and construction; and the 33 binding effect of the compact and other laws. 34 The compact becomes effective upon the adoption of the 35 -31- LSB 2358YC (3) 90 ss/rh 31/ 32