Bill Summary – FastDemocracy

PRINTER'S NO.    3111
                   THE GENERAL ASSEMBLY OF PENNSYLVANIA
                       HOUSE BILL
                       No. 2299
                                              Session of
                                                2024
     INTRODUCED BY HARKINS, KINSEY, SANCHEZ, BURGOS, GIRAL, HILL-
        EVANS, ROZZI, CONKLIN, D. WILLIAMS, MERSKI AND DALEY,
        MAY 20, 2024
     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 20, 2024
                                   AN ACT
 Authorizing the Commonwealth of Pennsylvania to join the
    Interstate Dental and Dental Hygiene Licensure Compact; and
    providing for the form of the compact.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
 Section 1.   Short title.
    This act shall be known and may be cited as the Interstate
 Dental and Dental Hygiene Licensure Compact Act.
 Section 2.   Authority to execute compact.
    The Governor, on behalf of the Commonwealth, is hereby
 authorized to execute a compact in substantially the following
 form with any one or more of the states of the United States and
 the General Assembly hereby signifies in advance its approval
 and ratification of the compact:
      INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT
 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:
    (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;
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    (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 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 no 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;
    (d)   "Active Investigation" means an active investigation
 resulting in formal allegations or charges precipitating a
 judicial process by a State Dental Board, oversight agency, or
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 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
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 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;
    2.    Has successfully passed the ADEX dental hygiene licensure
 examination; or has been in practice 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 by a court of appropriate
 jurisdiction;
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    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 of a Member State 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 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 by a court of appropriate
 jurisdiction;
    6.     Has never been a subject of discipline by a Licensing
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 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.    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 dentist and dental hygienists,
 as directed by the state law. All actions taken by a Member
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 State Dental Board shall be under the authority of the laws its
 State and any other rights conferred under this Compact;
    (x)    "Member State" means a state or 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;
    (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
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 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.
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    (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;
    (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
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 as determined by the Commission;
    (b)   Member States shall notify the Commission of