APPROVED CHAPTER
APRIL 22, 2024 664
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
H.P. 1361 - L.D. 2137
An Act to Join the Dentist and Dental Hygienist Compact
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 143, sub-c. 6 is enacted to read:
SUBCHAPTER 6
DENTIST AND DENTAL HYGIENIST COMPACT
§18431. Short title
This subchapter may be known and cited as "the Dentist and Dental Hygienist
Compact."
§18432. Purpose and objectives
1. Purpose. The purpose of the compact is 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 who are licensed in a participating state
the ability to practice in participating states in which they are not licensed by establishing
a pathway for dentists and dental hygienists who are 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.
2. Objectives. The compact is designed to achieve the following objectives:
A. Enable dentists and dental hygienists who qualify for a compact privilege to practice
in participating states without satisfying burdensome and duplicative requirements
associated with securing a license to practice in those states;
B. Promote mobility and address workforce shortages through each participating
state's acceptance of a compact privilege to practice in that state;
Page 1 - 131LR2881(03)
 C. Increase public access to qualified, licensed dentists and dental hygienists by
creating a responsible, streamlined pathway for licensees to practice in participating
states;
D. Enhance the ability of participating states to protect the public's health and safety;
E. Operate without interfering with licensure requirements established by participating
states;
F. Facilitate the sharing of licensure and disciplinary information among participating
states;
G. Require 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. Extend 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. Promote the cooperation of participating states in regulating the practice of dentistry
and dental hygiene within those states; and
J. Facilitate the relocation of military members and their spouses who are licensed to
practice dentistry or dental hygiene.
§18433. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Active military member. "Active military member" means an individual with full-
time duty status in the active uniformed service of the United States, including members of
the National Guard and Reserves of the United States Armed Forces on active duty orders.
2. Adverse action. "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that is imposed by a licensing board or other
authority against a dental or dental hygienist license, license application or privilege to
practice, such as a license denial, censure, revocation, suspension, probation, monitoring
of the licensee or restriction on the licensee's practice.
3. Alternative program. "Alternative program" means a nondisciplinary monitoring
or practice remediation process applicable to a dentist or dental hygienist approved by a
state licensing authority of a participating state in which the dentist or dental hygienist is
licensed, including, but not limited to, programs to which licensees with substance use
disorder or addiction issues are referred in lieu of adverse action.
4. Clinical assessment. "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.
5. Commissioner. "Commissioner" means the individual appointed by a participating
state to serve as the member of the commission for that participating state.
6. Compact. "Compact" means the Dentist and Dental Hygienist Compact enacted in
this subchapter.
Page 2 - 131LR2881(03)
 7. Compact privilege. "Compact privilege" means the authorization granted by a
remote state to allow a licensee from another participating state to practice as a dentist or
dental hygienist in a remote state.
8. Continuing professional development. "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.
9. Criminal background check. "Criminal background check" means the submission
of fingerprints or other biometric-based information for a license applicant for the purpose
of obtaining that applicant's criminal history record information, as defined in 28 Code of
Federal Regulations, Section 20.3(d), from the state's criminal history record repository, as
defined in 28 Code of Federal Regulations, Section 20.3(f).
10. Data system. "Data system" means the commission's repository of information
about licensees, including, but not limited to, examination, licensure, investigative,
compact privilege, adverse action and alternative program information.
11. Dental hygienist. "Dental hygienist" means an individual who is licensed by a state
licensing authority to practice dental hygiene.
12. Dentist. "Dentist" means an individual who is licensed by a state licensing authority
to practice dentistry.
13. Dentist and Dental Hygienist Compact Commission. "Dentist and Dental
Hygienist Compact Commission" or "commission" means a joint government agency
established by this compact comprised of each state that has enacted the compact and a
national administrative body comprised of a commissioner from each state that has enacted
the compact.
14. Encumbered license. "Encumbered license" means a license that a state licensing
authority has limited in any way other than through an alternative program.
15. Executive board. "Executive board" means the chair, vice-chair, secretary and
treasurer and any other commissioners as may be determined by commission rules or
bylaws.
16. Jurisprudence requirement. "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.
17. License. "License" means the current authorization by a state other than
authorization pursuant to a compact privilege, or other privilege, for an individual to
practice dentistry or dental hygiene, as applicable, in a state.
18. Licensee. "Licensee" means an individual who holds an unrestricted license from
a participating state to practice as a dentist or dental hygienist in that state.
19. Licensing board. "Licensing board" means any state entity authorized to license
and otherwise regulate dentists or dental hygienists, as applicable, in a state.
20. Model compact. "Model compact" means the model for the Dentist and Dental
Hygienist Compact on file with the Council of State Governments, or its successor
organization, or other entity designated by the commission.
Page 3 - 131LR2881(03)
 21. Participating state. "Participating state" means a state that has enacted the
compact and been admitted to the commission in accordance with this subchapter and
commission rules.
22. Qualifying license. "Qualifying license" means a license that is not an encumbered
license issued by a participating state to practice dentistry or dental hygiene.
23. Remote state. "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.
24. Rule. "Rule" means a regulation promulgated by an entity that has the force of
law.
25. Scope of practice. "Scope of practice" means the procedures, actions and processes
a dentist or dental hygienist licensed in a state is permitted to undertake in that state and
the circumstances under which the licensee is permitted to undertake those procedures,
actions and processes. Such procedures, actions and processes and the circumstances under
which they may be undertaken may be established through means, including, but not
limited to, statute, regulations, case law and other processes available to the state licensing
board or other government agency.
26. Significant investigative information. "Significant investigative information"
means information, records and documents received or generated by a state licensing
authority pursuant to an investigation for which a determination has been made that there
is probable cause to believe that the licensee has violated a statute or regulation that is
considered more than a minor infraction for which the state licensing authority could pursue
adverse action against the licensee.
27. State. "State" means any state, commonwealth, district or territory of the United
States of America that regulates the practices of dentistry and dental hygiene.
28. State licensing authority. "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.
§18434. State participation in the compact
1. Participation requirements. To participate in the compact, a state shall:
A. Enact a compact that is not materially different from the model compact as
determined in accordance with commission rules;
B. Participate fully in the commission's data system;
C. Have a mechanism in place for receiving and investigating complaints about its
licensees and license applicants;
D. Notify the commission, in compliance with the terms of the compact and
commission rules, of any adverse action or the availability of significant investigative
information regarding a licensee and license applicant;
E. 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;
F. Comply with the commission rules applicable to a participating state;
Page 4 - 131LR2881(03)
 G. Accept the national board examinations of the Joint Commission on National Dental
Examinations or another examination accepted by commission rule as a licensure
examination;
H. 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;
I. Accept for licensure that applicants for a dental hygienist license graduate from a
dental hygiene education program accredited by the Commission on Dental
Accreditation or another accrediting agency recognized by the United States
Department of Education for the accreditation of dentistry and dental hygiene
education programs;
J. Require for licensure that applicants successfully complete a clinical assessment;
K. Have continuing professional development requirements as a condition for license
renewal; and
L. Pay a participation fee to the commission as established by commission rule.
2. Alternative pathway for licensure. Providing an alternative pathway for an
individual to obtain an unrestricted license does not disqualify a state from participating in
the compact.
3. Criminal background check. When conducting a criminal background check, a
state licensing authority shall:
A. Consider that information in making a licensure decision;
B. Maintain documentation of completion of the criminal background check and
background check information to the extent allowed by state and federal law; and
C. Report to the commission whether the licensing authority has completed the
criminal background check and whether the individual was granted or denied a license.
4. Remote state issuance of compact privilege. 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 must be issued a compact privilege in a remote state in accordance with
the terms of the compact and commission rules. If a remote state has a jurisprudence
requirement, a compact privilege may not be issued to the licensee unless the licensee has
satisfied the jurisprudence requirement.
§18435. Compact privilege
1. Requirements. To obtain and exercise a compact privilege, a licensee must:
A. Have a qualifying license as a dentist or dental hygienist in a participating state;
B. Be eligible for a compact privilege in any remote state in accordance with this
subchapter;
C. Submit to an application process whenever the licensee is seeking a compact
privilege;
Page 5 - 131LR2881(03)
 D. Pay any applicable commission and remote state fees for a compact privilege in the
remote state;
E. Meet any jurisprudence requirement established by a remote state in which the
licensee is seeking a compact privilege;
F. Have passed a national board examination of the Joint Commission on National
Dental Examinations or its successor organization or another examination accepted by
commission rule;
G. 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;
H. 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;
I. Have successfully completed a clinical assessment for licensure;
J. Report to the commission adverse action taken by any nonparticipating state when
applying for a compact privilege and, otherwise, within 30 days from the date the
adverse action is taken;
K. Report to the commission when applying for a compact privilege the address of the
licensee's primary residence and thereafter immediately report to the commission any
change in the address of the licensee's primary residence; and
L. 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.
2. Compliance. The licensee must comply with all of the requirements of subsection
1 to maintain the compact privilege in a remote state. If those requirements are met, the
compact privilege continues 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.
3. Scope of practice. 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. A licensee providing
dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to
that state's regulatory authority.
4. Revocation or limitation of compact privilege by remote state. A remote state
may, in accordance with due process and that state's laws, by adverse action revoke or
remove a licensee's compact privilege in the remote state for a specific period of time and
impose fines or take any other necessary actions to protect the health and safety of its
Page 6 - 131LR2881(03)
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 revoked or removed for a
specified period of time is not eligible for a compact privilege in any other remote state
until the specific time for revocation or removal of the compact privilege has passed and
all encumbrance requirements are satisfied.
5. Encumbered license. If a license in a participating state is an encumbered license,
the licensee loses the compact privilege in a