Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1290
                               103RD GENERAL ASSEMBLY


                               INTRODUCED BY REPRESENTATIVE PARKER.

     2813H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To amend chapter 332, RSMo, by adding thereto one new section relating to licensure of
           dentists and dental hygienists.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

             Section A. Chapter 332, RSMo, is amended by adding thereto one new section, to be
 known as section 332.800, to read as follows:
             332.800. The Interstate Dental and Dental Hygiene Licensure Compact is hereby
 enacted into law and the Governor shall enter into a Compact on behalf of the State of
 Missouri with any jurisdiction legally joined therein, in the form substantially as set
 forth in this Act.
         Section 1. PURPOSE
         This Compact shall be known as the Interstate Dental and Dental Hygiene
 Licensure Compact and the purpose of the Compact is to expedite licensure and
 increase access to dental health care through licensure boards acting in cooperation.
 The Compact adopts the existing structures most utilized by Dental Boards across the
 United States, while ensuring the safety of the public through the sharing of documents
 and information. This Compact ensures that each state retains the right to impose an
 adverse action on a licensee as a home state or as a practicing state. Each state has an
 opportunity to share investigations and information with the home state of licensure.
 The Compact is operated by state dental board members, administrators and other
 staff, thus allowing for each state to maintain its sovereignty.
         The Compact:


     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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         (a) Allows for expedited licensure portability and ease of movement of licensees
 between states;
         (b) Allows each state to continue to regulate the practice of dentistry and dental
 hygiene within its borders;
         (c) Creates a common goal of protecting the public by ensuring a uniform
 licensure standard and sharing of information in the Compact;
         (d) Allows for licensure in every participating state by requiring passage of the
 uniform licensure examination that assesses psychomotor and cognitive dental skills and
 is currently accepted in fifty state (50) licensing jurisdictions and United States
 territories;
         (e) Gives licensees one (1) location to maintain professional documentation to
 expedite license transfers in states, hospitals or institutional credentialing;
         (f) Facilitates a faster licensure process for relocation or separation of military
 members and their dependent spouses; there are no Compact fees for military members
 or their spouses;
         (g) Alleviates a duplicative process for licensure among multiple states; and
         (h) Saves applicants money by not having to obtain duplicate documents from a
 source that charges for the documents.
         Section 2. DEFINITIONS
         (a) "AADB" means the American Association of Dental Boards (AADB) or its
 named successor, formerly known as the American Association of Dental Examiners
 (AADE), originally chartered on September 10th, 1896 and renewed in 1944, comprised
 of State Dental Boards in the United States and its territories;
         (b) "Attorneys' Committee" means the committee of attorneys who currently
 represent a Member State Dental Board. The Attorneys' Committee shall designate one
 of its members to participate in the Commission as a non-voting member. An attorney
 that has previously served as an attorney for a Member State Dental Board may be
 invited on a year-to-year basis to serve on the Attorneys' Committee if they have not
 engaged in an official case against a State Dental Board or have any other conflict of
 interest. The Attorneys' Committee may assist the investigators in working through
 joint investigation issues between states;
         (c) "Active-duty military person or spouse" means a Licensee in full-time active-
 duty status in the active uniformed services of the United States, including members of
 the National Guard and Reserves. The legal spouse of the military member must be
 recognized by the military unit as a dependent while the service member is on active
 duty. Spouses shall receive the same privileges as military members for the purpose of
 this Compact;
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         (d) "Active Investigation" means an active investigation potentially resulting in
 formal allegations or charges precipitating a judicial process by a State Dental Board,
 oversight agency, or other law enforcement entity;
         (e) "Adverse Action" means an order issued by a State Dental Board or reported
 to the clearinghouse pursuant to the Commission's Bylaws and rules that disciplines a
 Licensee. Adverse Action includes, and is not limited to, the suspension, limiting, or
 revocation of a License or Compact License Privilege; the imposition of fees and
 sanctions; and any temporary emergency order that may be later withdrawn by a
 Board;
         (f) "ADEX examination" means the initial licensure examinations developed by
 the American Board of Dental Examiners, Inc. or its successor;
         (g) "Bylaws" means the bylaws passed by the Commission or its named
 successor commission;
         (h) "Clearinghouse" means the clearinghouse and databank that houses prior
 Adverse Action documentations, orders and denials of licensure or permits from State
 Dental Boards that is administered by the AADB or its successor;
         (i) "CODA" means the Commission on Dental Accreditation or its successor as
 approved by the United States Department of Education;
         (j) "Commission" means the Interstate Dental and Dental Hygiene Compact
 Licensure Commission created pursuant to Section 3 of this Act;
         (k) "Commissioners" means the two (2) members chosen by each Member State
 Dental Board to serve as the voting members of the Commission;
         (l) "Compact" means the Interstate Dental and Dental Hygiene Licensure
 Compact created pursuant to Section 3 of this Act;
         (m) "Compact License Privilege" means the expedited dental or dental hygiene
 license to practice in a Member State that is not the Licensee's Home State;
         (n) "Conviction" means an adjudication or formal judgment by a court that an
 individual is guilty through a plea of guilty or no contest, or a finding of guilt by the
 court. Evidence of a conviction of a criminal offense by the court shall be considered
 final for the purposes of considering or imposing disciplinary action by a Member State
 Dental Board;
         (o) "Criminal background check" means a criminal background check using the
 results of fingerprint or other biometric data checks compliant with the requirements of
 the Federal Bureau of Investigation, with the exception of federal employees who have
 suitability determination in accordance with 5 C.F.R. 731.202;
         (p) "Dental hygienist" means any person who:
         1. Has successfully graduated from a CODA-approved dental hygiene school;
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        2. Has successfully passed the ADEX dental hygiene licensure examination; or
 has been in practice five (5) years or more and has successfully passed a Regional Board
 Examination or equivalent state-administered psychomotor licensure examination prior
 to January 1, 2024;
        3. Has successfully passed the written national dental hygiene board
 examination administered by the Joint Commission on National Dental Examinations;
        4. Possesses a full and unrestricted dental hygiene license issued by a Member
 State;
        5. Has never been convicted or received adjudication, deferred adjudication,
 community supervision or deferred disposition for any offense (other than traffic
 offenses) by a court of appropriate jurisdiction;
        6. Has never been a subject of discipline by a Licensing Agency through any
 Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with
 the exception of failure to pay fees or failure to complete continuing education;
        7. Is not currently under Active Investigation by a Licensing Agency or law
 enforcement authority in any state, federal or foreign jurisdiction; and
        8. Meets any jurisprudence requirement established by a Member State Dental
 Board in which a Licensee is seeking a Compact License Privilege;
        (q) "Dental Practice Act" means the laws and regulations governing the practice
 of dentistry within a Member State;
        (r) "Dentist" means any person who:
        1. Has successfully graduated from a CODA-approved dental school;
        2. Has successfully passed the ADEX dental licensure exam; or has been in
 practice five (5) years or more and has successfully passed a Regional Board
 Examination or equivalent state-administered psychomotor licensure examination
 prior to January 1, 2024;
        3. Has successfully passed the written National Dental Board Exam
 administered by the Joint Commission on National Dental Examinations;
        4. Possesses a full and unrestricted dental license issued by a Member State
 Dental Board;
        5. Has never been convicted or received adjudication, deferred adjudication,
 community supervision, or deferred disposition for any offense (other than traffic
 offenses) by a court of appropriate jurisdiction;
        6. Has never been a subject of discipline by a Licensing Agency through any
 Adverse Action, order, or other restriction of the Licensee by a Licensing Agency, with
 the exception of failure to pay fees or failure to complete continuing education;
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        7. Has never had a state or federal drug registration, permit, or license
 restricted, suspended, or revoked by the United States Drug Enforcement
 Administration or any Licensing Agency that oversees scheduled drug registrations;
        8. Is not currently under Active Investigation by a Licensing Agency or law
 enforcement authority in any state, federal or foreign jurisdiction; and
        9. Meets any jurisprudence requirement established by a Member State Dental
 Board in which a Licensee is seeking a Compact License Privilege;
        (s) "Home State" means the state of primary licensure of a Licensee;
        (t) "License" means the authorization by a Licensing Authority for a dentist or
 dental hygienist to engage in the unrestricted practice of dentistry or dental hygiene,
 which would be unlawful without such license;
        (u) "Licensee" means a Dentist or Dental Hygienist who holds an unrestricted
 License to practice as a dentist or dental hygienist;
        (v) "Licensing Agency" means the agency or other entity of a State that is
 responsible for the licensing of Dentists and Dental Hygienists. If a Member State
 Dental Board has such responsibility, it shall be deemed a Licensing Agency;
        (w) "Member State Dental Board" means a state agency in a Member State that
 protects the public through licensure, regulation, and the education of dentists and
 dental hygienists, as directed by the state law. All actions taken by a Member State
 Dental Board shall be under the authority of the laws of its State and any other rights
 conferred under this Compact;
        (x) "Member State" means a state, the District of Columbia, or any other United
 States territory that has enacted the Compact;
        (y) "Regional Board Examination" means initial licensure examinations
 administered by the Western Regional Examining Board (WREB), the North East
 Regional Board of Dental Examiners (NERB), the Commission on Dental Competency
 Assessments (CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional
 Testing Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) that
 assess psychomotor skills;
        (z) "Repository" means the repository of original documents of a Licensee that
 may include original transcripts, certification documents, test scores, military training
 records, previous or current licensing documents and other sources of materials needed
 for applications and verification administered by the AADB or its successor. The
 Repository shall receive documents from primary or originating sources and/or verify
 their authenticity;
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         (aa) "Scope of practice" means the dental-related procedures that require a
 License, permit, or training, to undertake the treatment and procedure to be completed
 on a patient within the Member State's requirements;
         (bb) "State" means a state within the United States or a United States Territory;
 and
         (cc) "State jurisprudence" means the knowledge of a Member State's laws and
 rules of dentistry and dental hygiene.
         Section 3. COMPACT AND COMMISSION
         (a) The Member States hereby create the Interstate Dental and Dental Hygiene
 Licensure Compact and the Commission. Each Member State must enact a compact
 that is not materially different from this Compact, as determined by the Commission.
         (b) Each Member State Dental Board shall have two (2) voting members who
 shall serve as Commissioners. Each Commissioner shall have one (1) vote. Member
 States with separate dental and dental hygiene Licensing Agencies shall appoint one (1)
 Commissioner from each licensing agency. One Commissioner shall be a current
 member of a Member State Dental Board. Commissioners may not delegate votes or
 vote by proxy, however, if a Commissioner is unable to attend, the Member State may
 substitute a Commissioner who meets the same requirements.
         (c) Upon five (5) states joining the Compact, the Compact shall become active.
 The Commission shall adopt Bylaws upon becoming active.
         (d) The Commission shall meet at least once per calendar year (the "Annual
 Meeting") and at additional times as necessary pursuant to the Bylaws and rules.
         (e) At each Annual Meeting, the Commission shall elect a Chair, Vice Chair,
 Secretary, and Treasurer from the membership of the Commission (the "Officers").
 The Officers shall be members of the Commission's Executive Committee (the
 "Executive Committee"). The Commission shall also elect representatives from four
 (4) regional districts established by the Commission to serve on the Executive
 Committee. All Officers and Executive Committee representatives shall serve one
 (1)-year terms.
         (f) Quorum for purposes of conducting business shall be a majority of
 Commissioners attending in person or virtually.
         (g) The Commission shall provide notice of all meetings on its website and in
 other communications to Member State Dental Boards.
         (h) A vote of two-thirds (2/3) of the Commissioners present shall be required for
 an executive session to discuss:
         (1) Items specifically related to participation in a lawsuit or in anticipation of a
 legal proceeding;
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         (2) Matters specifically exempted from disclosure by federal statute;
         (3) Information or matters involving law enforcement agencies or information
 that accuses a person of a crime or a public censure;
         (4) Discussions that would include information of a personal nature that would
 constitute an unwarranted invasion of personal privacy;
         (5) Anything considered internal practices and procedures or a trade secret;
         (6) Other items described in the Commission Bylaws allowing for executive
 sessions to be called; or
         (7) Advice of Legal Counsel.
         (i) The Commission shall keep minutes and make them available to all Member
 States.
         (j) The Commission may establish other committees as needed.
         (k) The Commission shall prepare an annual report that shall be made available
 to the legislatures and governors of the Member States. The annual report shall
 describe the activities of the Commission during the preceding calendar year. Such
 reports shall also include reports of the annual financial audit and any actions taken by
 or rules that were adopted by the Commission.
         Section 4. DUTIES OF COMPACT MEMBER STATES
         (a) Member States shall submit to the Clearinghouse all Member State Dental
 Board actions and other documents and data as determined by the Commission;
         (b) Member States shall notify the Commission of any Adverse Action taken by
 the Member State Dental Board, any Active Investigation by the Member State Dental
 Board, any Active Investigation involving pending criminal charges, or other
 circumstance as determined by the Commission;
         (c) Any Adverse Action, order, restriction or denial of a license or permit on a
 Licensee or Compact License Privilege holder shall be reported to the Clearinghouse by
 the Member State Dental Board;
         (d) Member State Dental Boards may submit to the Clearinghouse nonpublic
 complaints, or disciplinary or investigatory information not required by Section 4(c).
 All investigatory material shall be considered confidential and not part of a public
 record unless otherwise specifically required by state statute;
         (e) Member States shall accept continuing education credits as required or
 recognized by any other Member State;
         (f) Documents in the Repository shall be treated by a Member State as the
 equivalent of a primary or original source document for licensure;
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         (g) Member States shall accept a standardized application for a Compact
 License Privilege. The standardized application shall be established by the rules
 enacted by the Commission;
         (h) Member States may agree to share information regarding ongoing
 investigations and actions, including joint investigations between states. All
 investigatory material shall be considered confidential and not part of a public record
 unless otherwise specifically required by state statute; and
         (i) As part of the Compact enforcement, participating Member States may issue
 subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other
 Member St