HB1799 - Relating to the Interstate Dental and Dental Hygiene Licensure Compact; authorizing fees.

  89R2094 SCP-F     By: Harless H.B. No. 1799       A BILL TO BE ENTITLED   AN ACT   relating to the Interstate Dental and Dental Hygiene Licensure   Compact; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 3, Occupations Code, is   amended by adding Chapter 268 to read as follows:   CHAPTER 268. INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE   COMPACT           Sec.   268.001.     INTERSTATE DENTAL AND DENTAL HYGIENE   LICENSURE COMPACT. The Interstate Dental and Dental Hygiene   Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT   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 Texas 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:           (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 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 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;                 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;                 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 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 dentists or dental   hygienist.      &#x [Text truncated for display. 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