A bill for an act
relating to health occupations; creating a dentist and dental hygienist compact;
proposing coding for new law in Minnesota Statutes, chapter 150A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The dentist and dental hygienist compact is enacted into law and entered into with all
other jurisdictions legally joining in the compact in the form substantially specified in this
section.
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ARTICLE 1. TITLE AND PURPOSE
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This statute shall be known and cited as the dentist and dental hygienist compact. The
purposes of this compact are to facilitate the interstate practice of dentistry and dental
hygiene and improve public access to dentistry and dental hygiene services by providing
dentists and dental hygienists licensed in a participating state the ability to practice in
participating states in which they are not licensed. The compact does this by establishing a
pathway for a dentists and dental hygienists licensed in a participating state to obtain a
compact privilege that authorizes them to practice in another participating state in which
they are not licensed. The compact enables participating states to protect the public health
and safety with respect to the practice of such dentists and dental hygienists, through the
state's authority to regulate the practice of dentistry and dental hygiene in the state. The
compact:
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(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;
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(B) promotes mobility and addresses workforce shortages through each participating
state's acceptance of a compact privilege to practice in that state;
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(C) increases public access to qualified, licensed dentists and dental hygienists by creating
a responsible, streamlined pathway for licensees to practice in participating states;
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(D) enhances the ability of participating states to protect the public's health and safety;
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(E) does not interfere with licensure requirements established by a participating state;
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(F) facilitates the sharing of licensure and disciplinary information among participating
states;
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(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;
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(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;
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(I) promotes the cooperation of participating states in regulating the practice of dentistry
and dental hygiene within those states; and
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(J) facilitates the relocation of military members and their spouses who are licensed to
practice dentistry or dental hygiene.
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ARTICLE 2. DEFINITIONS
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As used in this compact, unless the context requires otherwise, the following definitions
shall apply:
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(A) "Active military member" means any person with full-time duty status in the armed
forces of the United States including members of the National Guard and Reserve.
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(B) "Adverse action" means disciplinary action or encumbrance imposed on a license
or compact privilege by a state licensing authority.
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(C) "Alternative program" means a nondisciplinary monitoring or practice remediation
process applicable to a dentist or dental hygienist approved by a state licensing authority
of a participating state in which the dentist or dental hygienist is licensed. This includes but
is not limited to programs to which licensees with substance abuse or addiction issues are
referred in lieu of adverse action.
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(D) "Clinical assessment" means examination or process, required for licensure as a
dentist or dental hygienist as applicable, that provides evidence of clinical competence in
dentistry or dental hygiene.
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(E) "Commissioner" means the individual appointed by a participating state to serve as
the member of the commission for that participating state.
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(F) "Compact" means this dentist and dental hygienist compact.
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(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.
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(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.
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(I) "Criminal background check" means the submission of fingerprints or other
biometric-based information for a license applicant for the purpose of obtaining that
applicant's criminal history record information, as defined in Code of Federal Regulations,
title 28, section 20.3(d), from the Federal Bureau of Investigation and the state's criminal
history record repository as defined in Code of Federal Regulations, title 28, section 20.3(f).
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(J) "Data system" means the commission's repository of information about licensees,
including but not limited to examination, licensure, investigative, compact privilege, adverse
action, and alternative program.
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(K) "Dental hygienist" means an individual who is licensed by a state licensing authority
to practice dental hygiene.
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(L) "Dentist" means an individual who is licensed by a state licensing authority to practice
dentistry.
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(M) "Dentist and dental hygienist compact commission" or "commission" means a joint
government agency established by this compact comprised of each state that has enacted
the compact and a national administrative body comprised of a commissioner from each
state that has enacted the compact.
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(N) "Encumbered license" means a license that a state licensing authority has limited in
any way other than through an alternative program.
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(O) "Executive board" means the chair, vice chair, secretary, and treasurer and any other
commissioners as may be determined by commission rule or bylaw.
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(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.
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(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.
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(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.
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(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.
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(T) "Participating state" means a state that has enacted the compact and been admitted
to the commission in accordance with the provisions herein and commission rules.
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(U) "Qualifying license" means a license that is not an encumbered license issued by a
participating state to practice dentistry or dental hygiene.
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