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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 824
Introduced by Blood, 3.
Read first time January 03, 2024
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to public health; to amend section 38-1101,
2 Revised Statutes Cumulative Supplement, 2022, and section 38-131,
3 Revised Statutes Supplement, 2023; to adopt the Dentist and Dental
4 Hygienist Compact; to change provisions relating to criminal
5 background checks under the Uniform Credentialing Act; to require
6 criminal background checks under the Dentistry Practice Act as
7 prescribed; to harmonize provisions; to provide an operative date;
8 and to repeal the original sections.
9 Be it enacted by the people of the State of Nebraska,
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1 Section 1. This section shall be known and may be cited as the
2 Dentist and Dental Hygienist Compact. The State of Nebraska adopts the
3 Dentist and Dental Hygienist Compact in the form substantially as
4 follows:
5 SECTION 1. TITLE AND PURPOSE
6 The purposes of this Compact are to facilitate the interstate
7 practice of dentistry and dental hygiene and improve public access to
8 dentistry and dental hygiene services by providing Dentists and Dental
9 Hygienists licensed in a Participating State the ability to practice in
10 Participating States in which they are not licensed. The Compact does
11 this by establishing a pathway for Dentists and Dental Hygienists
12 licensed in a Participating State to obtain a Compact Privilege that
13 authorizes them to practice in another Participating State in which they
14 are not licensed. The Compact enables Participating States to protect the
15 public health and safety with respect to the practice of such Dentists
16 and Dental Hygienists, through the State's authority to regulate the
17 practice of dentistry and dental hygiene in the State. The Compact:
18 A. Enables Dentists and Dental Hygienists who qualify for a Compact
19 Privilege to practice in other Participating States without satisfying
20 burdensome and duplicative requirements associated with securing a
21 License to practice in those States;
22 B. Promotes mobility and addresses workforce shortages through each
23 Participating State's acceptance of a Compact Privilege to practice in
24 that State;
25 C. Increases public access to qualified, licensed Dentists and
26 Dental Hygienists by creating a responsible, streamlined pathway for
27 Licensees to practice in Participating States;
28 D. Enhances the ability of Participating States to protect the
29 public's health and safety;
30 E. Does not interfere with licensure requirements established by a
31 Participating State;
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1 F. Facilitates the sharing of licensure and disciplinary information
2 among Participating States;
3 G. Requires Dentists and Dental Hygienists who practice in a
4 Participating State pursuant to a Compact Privilege to practice within
5 the Scope of Practice authorized in that State;
6 H. Extends the authority of a Participating State to regulate the
7 practice of dentistry and dental hygiene within its borders to Dentists
8 and Dental Hygienists who practice in the State through a Compact
9 Privilege;
10 I. Promotes the cooperation of Participating States in regulating
11 the practice of dentistry and dental hygiene within those States; and
12 J. Facilitates the relocation of military members and their spouses
13 who are licensed to practice dentistry or dental hygiene.
14 SECTION 2. DEFINITIONS
15 As used in this Compact, unless the context requires otherwise, the
16 following definitions shall apply:
17 A. "Active Military Member" means any person with full-time duty
18 status in the armed forces of the United States, including members of the
19 National Guard and Reserve.
20 B. "Adverse Action" means disciplinary action or encumbrance imposed
21 on a License or Compact Privilege by a State Licensing Authority.
22 C. "Alternative Program" means a nondisciplinary monitoring or
23 practice remediation process applicable to a Dentist or Dental Hygienist
24 approved by a State Licensing Authority of a Participating State in which
25 the Dentist or Dental Hygienist is licensed. This includes, but is not
26 limited to, programs to which Licensees with substance abuse or addiction
27 issues are referred in lieu of Adverse Action.
28 D. "Clinical Assessment" means examination or process, required for
29 licensure as a Dentist or Dental Hygienist as applicable, that provides
30 evidence of clinical competence in dentistry or dental hygiene.
31 E. "Commissioner" means the individual appointed by a Participating
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1 State to serve as the member of the Commission for that Participating
2 State.
3 F. "Compact" means this Dentist and Dental Hygienist Compact.
4 G. "Compact Privilege" means the authorization granted by a Remote
5 State to allow a Licensee from a Participating State to practice as a
6 Dentist or Dental Hygienist in a Remote State.
7 H. "Continuing Professional Development" means a requirement, as a
8 condition of License renewal, to provide evidence of successful
9 participation in educational or professional activities relevant to
10 practice or area of work.
11 I. "Criminal Background Check" means the submission of fingerprints
12 or other biometric-based information for a License applicant for the
13 purpose of obtaining that applicant's criminal history record
14 information, as defined in 28 C.F.R. 20.3(d) from the Federal Bureau of
15 Investigation and the State's criminal history record repository as
16 defined in 28 C.F.R. 20.3(f).
17 J. "Data System" means the Commission's repository of information
18 about Licensees, including, but not limited to, examination, licensure,
19 investigative, Compact Privilege, Adverse Action, and Alternative
20 Program.
21 K. "Dental Hygienist" means an individual who is licensed by a State
22 Licensing Authority to practice dental hygiene.
23 L. "Dentist" means an individual who is licensed by a State
24 Licensing Authority to practice dentistry.
25 M. "Dentist and Dental Hygienist Compact Commission" or "Commission"
26 means a joint government agency established by this Compact comprised of
27 each State that has enacted the Compact and a national administrative
28 body comprised of a Commissioner from each State that has enacted the
29 Compact.
30 N. "Encumbered License" means a License that a State Licensing
31 Authority has limited in any way other than through an Alternative
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1 Program.
2 O. "Executive Board" means the Chair, Vice Chair, Secretary, and
3 Treasurer and any other Commissioners as may be determined by Commission
4 Rule or bylaw.
5 P. "Jurisprudence Requirement" means the assessment of an
6 individual's knowledge of the laws and Rules governing the practice of
7 dentistry or dental hygiene, as applicable, in a State.
8 Q. "License" means current authorization by a State, other than
9 authorization pursuant to a Compact Privilege, or other privilege, for an
10 individual to practice as a Dentist or Dental Hygienist in that State.
11 R. "Licensee" means an individual who holds an unrestricted License
12 from a Participating State to practice as a Dentist or Dental Hygienist
13 in that State.
14 S. "Model Compact" means the model for the Dentist and Dental
15 Hygienist Compact on file with the Council of State Governments or other
16 entity as designated by the Commission.
17 T. "Participating State" means a State that has enacted the Compact
18 and been admitted to the Commission in accordance with the provisions
19 herein and Commission Rules.
20 U. "Qualifying License" means a License that is not an Encumbered
21 License issued by a Participating State to practice dentistry or dental
22 hygiene.
23 V. "Remote State" means a Participating State where a Licensee who
24 is not licensed as a Dentist or Dental Hygienist is exercising or seeking
25 to exercise the Compact Privilege.
26 W. "Rule" means a regulation promulgated by an entity that has the
27 force of law.
28 X. "Scope of Practice" means the procedures, actions, and processes
29 a Dentist or Dental Hygienist licensed in a State is permitted to
30 undertake in that State and the circumstances under which the Licensee is
31 permitted to undertake those procedures, actions, and processes. Such
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1 procedures, actions, and processes and the circumstances under which they
2 may be undertaken may be established through means, including, but not
3 limited to, statute, regulations, case law, and other processes available
4 to the State Licensing Authority or other government agency.
5 Y. "Significant Investigative Information" means information,
6 records, and documents received or generated by a State Licensing
7 Authority pursuant to an investigation for which a determination has been
8 made that there is probable cause to believe that the Licensee has
9 violated a statute or regulation that is considered more than a minor
10 infraction for which the State Licensing Authority could pursue Adverse
11 Action against the Licensee.
12 Z. "State" means any state, commonwealth, district, or territory of
13 the United States of America that regulates the practices of dentistry
14 and dental hygiene.
15 AA. "State Licensing Authority" means an agency or other entity of a
16 State that is responsible for the licensing and regulation of Dentists or
17 Dental Hygienists.
18 SECTION 3. STATE PARTICIPATION IN THE COMPACT
19 A. In order to join the Compact and thereafter continue as a
20 Participating State, a State must:
21 1. Enact a compact that is not materially different from the Model
22 Compact as determined in accordance with Commission Rules;
23 2. Participate fully in the Commission's Data System;
24 3. Have a mechanism in place for receiving and investigating
25 complaints about its Licensees and License applicants;
26 4. Notify the Commission, in compliance with the terms of the
27 Compact and Commission Rules, of any Adverse Action or the availability
28 of Significant Investigative Information regarding a Licensee and License
29 applicant;
30 5. Fully implement a Criminal Background Check requirement, within a
31 timeframe established by Commission Rule, by receiving the results of a
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1 qualifying Criminal Background Check;
2 6. Comply with the Commission Rules applicable to a Participating
3 State;
4 7. Accept the National Board Examinations of the Joint Commission on
5 National Dental Examinations or another examination accepted by
6 Commission Rule as a licensure examination;
7 8. Accept for licensure applicants for a Dentist License that
8 graduate from a predoctoral dental education program accredited by the
9 Commission on Dental Accreditation, or another accrediting agency
10 recognized by the United States Department of Education for the
11 accreditation of dentistry and dental hygiene education programs, leading
12 to the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine
13 (D.M.D.) degree;
14 9. Accept for licensure applicants for a Dental Hygienist License
15 that graduate from a dental hygiene education program accredited by the
16 Commission on Dental Accreditation or another accrediting agency
17 recognized by the United States Department of Education for the
18 accreditation of dentistry and dental hygiene education programs;
19 10. Require for licensure that applicants successfully complete a
20 Clinical Assessment;
21 11. Have Continuing Professional Development requirements as a
22 condition for License renewal; and
23 12. Pay a participation fee to the Commission as established by
24 Commission Rule.
25 B. Providing alternative pathways for an individual to obtain an
26 unrestricted License does not disqualify a State from participating in
27 the Compact.
28 C. When conducting a Criminal Background Check, the State Licensing
29 Authority shall:
30 1. Consider that information in making a licensure decision;
31 2. Maintain documentation of completion of the Criminal Background
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1 Check and background check information to the extent allowed by State and
2 federal law; and
3 3. Report to the Commission whether it has completed the Criminal
4 Background Check and whether the individual was granted or denied a
5 License.
6 D. A Licensee of a Participating State who has a Qualifying License
7 in that State and does not hold an Encumbered License in any other
8 Participating State shall be issued a Compact Privilege in a Remote State
9 in accordance with the terms of the Compact and Commission Rules. If a
10 Remote State has a Jurisprudence Requirement, a Compact Privilege will
11 not be issued to the Licensee unless the Licensee has satisfied the
12 Jurisprudence Requirement.
13 SECTION 4. COMPACT PRIVILEGE
14 A. To obtain and exercise the Compact Privilege under the terms and
15 provisions of the Compact, the Licensee shall:
16 1. Have a Qualifying License as a Dentist or Dental Hygienist in a
17 Participating State;
18 2. Be eligible for a Compact Privilege in any Remote State in
19 accordance with subsections D, G, and H of this section;
20 3. Submit to an application process whenever the Licensee is seeking
21 a Compact Privilege;
22 4. Pay any applicable Commission and Remote State fees for a Compact
23 Privilege in the Remote State;
24 5. Meet any Jurisprudence Requirement established by a Remote State
25 in which the Licensee is seeking a Compact Privilege;
26 6. Have passed a National Board Examination of the Joint Commission
27 on National Dental Examinations or another examination accepted by
28 Commission Rule;
29 7. For a Dentist, have graduated from a predoctoral dental education
30 program accredited by the Commission on Dental Accreditation, or another
31 accrediting agency recognized by the United States Department of
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1 Education for the accreditation of dentistry and dental hygiene education
2 programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of
3 Dental Medicine (D.M.D.) degree;
4 8. For a Dental Hygienist, have graduated from a dental hygiene
5 education program accredited by the Commission on Dental Accredi