HB1803 - Relating to the Dentist and Dental Hygienist Compact; authorizing fees.

  89R2093 SCP-D     By: Harless H.B. No. 1803       A BILL TO BE ENTITLED   AN ACT   relating to the Dentist and Dental Hygienist 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. DENTIST AND DENTAL HYGIENIST COMPACT           Sec.   268.001.     DENTIST AND DENTAL HYGIENIST COMPACT. The   Dentist and Dental Hygienist Compact is enacted and entered into   with all other jurisdictions that legally join in the compact,   which reads as follows:   DENTIST AND DENTAL HYGIENIST COMPACT   SECTION 1. TITLE AND PURPOSE   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:           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;           B.   Promotes mobility and addresses workforce shortages   through each Participating State's acceptance of a Compact   Privilege to practice in that State;           C.   Increases public access to qualified, licensed Dentists   and Dental Hygienists by creating a responsible,   streamlined pathway for Licensees to practice in   Participating States.           D.   Enhances the ability of Participating States to protect   the public's health and safety;           E.   Does not interfere with licensure requirements   established by a Participating State;           F.   Facilitates the sharing of licensure and disciplinary   information among Participating States;           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;           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;           I.   Promotes the cooperation of Participating State in   regulating the practice of dentistry and dental hygiene   within those States;           J.   Facilitates the relocation of military members and their   spouses who are licensed to practice dentistry or dental   hygiene;   SECTION 2. DEFINITIONS   As used in this Compact, unless the context requires otherwise, the   following definitions shall apply:           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.           B.   "Adverse Action" means disciplinary action or encumbrance   imposed on a License or Compact Privilege by a State   Licensing Authority.           C.   "Alternative Program" means a non-disciplinary 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.           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.           E.   "Commissioner" means the individual appointed by a   Participating State to serve as the member of the   Commission for that Participating State.           F.   "Compact" means this Dentist and Dental Hygienist   Compact.           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.           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.           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 28 C.F.R. § 20.3(d) from the Federal Bureau of   Investigation and the State's criminal history record   repository as defined in 28 C.F.R. § 20.3(f).           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.           K.   "Dental Hygienist" means an individual who is licensed by   a State Licensing Authority to practice dental hygiene.           L.   "Dentist" means an individual who is licensed by a State   Licensing Authority to practice dentistry.           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.           N.   "Encumbered License" means a License that a State   Licensing Authority has limited in any way other than   through an Alternative Program.           O.   "Executive Board" means the Chair, Vice Chair, Secretary   and Treasurer and any other Commissioners as may be   determined by Commission Rule or bylaw.           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.           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.           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.           S.   "Model Compact" 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.           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.           U.   "Qualifying License" means a License that is not an   Encumbered License issued by a Participating State to   practice dentistry or dental hygiene.           V.   "Remote State" means a Participating State where a   Licensee who is not licensed as a Dentist or Dental   Hygienist is exercising or seeking to exercise the Compact   Privilege.           W.   "Rule" means a regulation promulgated by an entity that   has the force of law.           X.   "Scope of Practice" means the procedures, actions, and   processes a Dentist or Dental Hygienist licensed in a   State is permitted to undertake in that State and the   circumstances under which the Licensee is permitted to   undertake those procedures, actions and processes. Such   procedures, actions and processes and the circumstances   under which they may be undertaken may be established   through means, including, but not limited to, statute,   regulations, case law, and other processes available to   the State Licensing Authority or other government agency.           Y.   "Significant Investigative Information" means   information, records, and documents received or generated   by a State Licensing Authority pursuant to an   investigation for which a determination has been made that   there is probable cause to believe that the Licensee has   violated a statute or regulation that is considered more   than a minor infraction for which the State Licensing   Authority could pursue Adverse Action against the   Licensee.           Z.   "State" means any state, commonwealth, district, or   territory of the United States of America that regulates   the practices of dentistry and dental hygiene.           AA.   "State Licensing Authority" means an agency or other   entity of a State that is responsible for the licensing and   regulation of Dentists or Dental Hygienists.   SECTION 3. STATE PARTICIPATION IN THE COMPACT   A.   In order to join the Compact and thereafter continue as a   Participating State, a State must:           1.   Enact a compact that is not materially different from the   Model Compact as determined in accordance with Commission   Rules;           2. Participate fully in the Commission's Data System;           3.   Have a mechanism in place for receiving and investigating   complaints about its Licensees and License applicants;           4.   Notify the Commission, in compliance with the terms of the   Compact and Commission Rules, of any Adverse Action or the   availability of Significant Investigative Information   regarding a Licensee and License applicant;           5.   Fully implement a Criminal Background Check requirement,   within a time frame established by Commission Rule, by   receiving the results of a qualifying Criminal Background   Check;           6.   Comply with the Commission Rules applicable to a   Participating State;           7.   Accept the National Board Examinations of the Joint   Commission on National Dental Examinations or another   examination accepted by Commission Rule as a licensure   examination;           8.   Accept for licensure that applicants for a Dentist License   graduate from a predoctoral dental education program   accredited by the Commission on Dental Accreditation, or   another accrediting agency recognized by the United States   Department of Education for the accreditation of dentistry   and dental hygiene education programs, leading to the   Doctor of Dental Surgery (D.D.S.) or Doctor of Dental   Medicine (D.M.D.) degree;           9.   Accept for licensure that applicants for a Dental   Hygienist License graduate from a dental hygiene education   program accredited by the Commission on Dental   Accreditation or another accrediting agency recognized by   the United States Department of Education for the   accreditation of dentistry and dental hygiene education   programs;           10.   Require for licensure that applicants successfully   complete a Clinical Assessment;           11.   Have Continuing Professional Development requirements as   a condition for License renewal; and           12.   Pay a participation fee to the Commission as established   by Commission Rule [Text truncated for display. 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