Compare versions
--- version:introduced version+++ version:(document, no version)@@ -1,1534 +1,179 @@-HOUSE BILL 44+Fiscal impact reports (FIRs) are prepared by the Le gislative Finance Committee (LFC) for standing finance+committees of the Legislature. LFC does not assume responsibility for th e accuracy of these reports if they+are used for other purposes.-57th legislature - STATE OF NEW MEXICO - second session, 2026+F I S C A L I M P A C T R E P O R T-INTRODUCED BY+BILL NUMBER: House Bill 44+SHORT TITLE: Dentist & Dental Hygienist Compact+SPONSOR: Armstrong+LAST+UPDATE: 1/21/2026+ORIGINAL+DATE:-Gail Armstrong and Nicole Chavez and Elaine Sena Cortez+01/21/2026-and Catherine J. Cullen and Jenifer Jones+ANALYST: Hanika-Ortiz/Chilton-AN ACT+REVENUE*+(dollars in thousands)-RELATING TO LICENSURE; ENACTING THE DENTIST AND DENTAL-HYGIENIST COMPACT; AMENDING THE DENTAL HEALTH CARE ACT TO-PROVIDE FOR STATE AND FEDERAL CRIMINAL HISTORY BACKGROUND-CHECKS.+Type FY26 FY27 FY28 FY29 Recurring or+Nonrecurring+Fund+Affected+RLD –+licensing+fees+Indeterminate+but minimal+gain+Indeterminate+but minimal+gain+Indeterminate+but minimal+gain+Indeterminate+but minimal+gain+Recurring+Dental+health care+fund-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:+ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*+(dollars in thousands)- SECTION 1. [NEW MATERIAL] DENTIST AND DENTAL HYGIENIST-COMPACT ENTERED INTO.--The "Dentist and Dental Hygienist-Compact" is entered into law and entered into with all other-jurisdictions legally joining therein in a form substantially-as follows:+Agency/Program FY26 FY27 FY28 3 Year+Total Cost+Recurring or+Nonrecurring+Fund+Affected+RLD – Dental+Board $70.0 At least $8.0 At least $8.0 At least $86.0 Recurring Dental health+care fund-"DENTIST AND DENTAL HYGIENIST COMPACT+Related: House Bills 10, 11, 12, 13, 14 and 32.-SECTION 1 - Purpose+Sources of Information- 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 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 shall:+LFC Files- A. enable 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;+Agency or Agencies Providing Analysis+Regulation and Licensing Department (RLD)+Health Care Authority (HCA)- B. promote mobility and address workforce shortages-through each participating state's acceptance of a compact-privilege to practice in that state;+SUMMARY- C. increase public access to qualified, licensed-dentists and dental hygienists by creating a responsible,-streamlined pathway for licensees to practice in participating-states;+Synopsis of House Bill 44- D. enhance the ability of participating states to-protect the public's health and safety;+House Bill 44 (HB44) enters Ne w Mexico in the Dentist and Dental Hygienist Interstate+Compact to allow out-of-state, compact-license d dentists and dental hygienists (“dental+professionals”) to practice in New Mexico and similarly allows New Mexico dental professionals+to practice in other participating states. The co mpact streamlines the process to practice across+state lines, while ensuring public safety through cooperative state regulations.- E. not interfere with licensure requirements-established by a participating state;+House Bill 14 also amends the De ntal Health Care Act to provide for state and federal criminal+House Bill 44 – Page 2- F. facilitate the sharing of licensure and-disciplinary information among participating states;+history background checks.- G. require 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;+To participate, a state must enact the model compact, participate in the Compact Commission+data system, have a system for receiving and investigating complaints, notify the commission of+any adverse actions against a licensee, and impl ement criminal background check requirements.+To obtain a compact license, professionals must have an unrestricted license, pay state and+compact fees, pass a national exam, meet educa tional and clinical re quirements, report any+adverse actions in nonparticipating states, and be subject to the participating state’s regulatory+authority, including scope of practice.- H. extend 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;+States retain authority to impose disciplinary actions to share among states. The commission will+oversee the compact and manage the data system to track licenses and disciplinary actions. The+remaining sections of the model compact lan guage addresses rulemaki ng, disputes with and+between states, enactment and withdrawal, constr uction and severability, and the binding effect+of the compact. The compact becomes effective wh en enacted by the seve nth state. States can+withdraw by repealing the compact, with a 180-day waiting period before the repeal is effective.- I. promote the cooperation of a participating state-in regulating the practice of dentistry and dental hygiene-within those states; and+This bill does not contain an effective date and, as a result, would go into effect 90 days after the+Legislature adjourns if enacted, or May 20, 2026.- J. facilitate the relocation of military members-and their spouses who are licensed to practice dentistry or-dental hygiene.+FISCAL IMPLICATIONS-SECTION 2 - Definitions+Although it expresses uncertainty due to the De ntal Compact not yet being operational, the+Regulation and Licensing Department (RLD) states that updates to its NM Plus online licensing+system and connection to the compact’s system would cost about $70 thousand. RLD believed it+could absorb the costs for the rulemaking and ot her administrative processes. RLD noted the+Dental Health Care Board would incur travel expenses for serving on the commission. If the+board is responsible for these co sts, the potential expenses are estimated to be $8,000 per year in+FY26 and future years. The board may also incur costs related to disciplinary actions.- As used in the Dentist and Dental Hygienist Compact,-unless the context requires otherwise, the following-definitions shall apply:+To cover operating costs, the Compact Commis sion may levy fees on part icipating states and+licensees seeking co mpact licenses. That amou nt will be assessed by the commission, which is+composed of one appointed commissioner from each member state. The commission will also+need to ensure participating st ates know how to use the data system to monitor licensees and+disciplinary actions.- 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;+The board may adjust licensing fees for accepting a compact licensee to cover participation in+the Compact. The board states that it currently has 743 out-of-state practitioners, which generate+$95,243 annually.- B. "adverse action" means disciplinary action or-encumbrance imposed on a license or compact privilege by a-state licensing authority;+SIGNIFICANT ISSUES- 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, including programs to which-licensees with substance abuse or addiction issues are referred-in lieu of adverse action;+It is not clear if the board has the statutory authority to “fully implement” the criminal+background requirements in the bill, which is necessary for state participation in the compact.- D. "clinical assessment" means an examination or a-process, required for licensure as a dentist or dental-hygienist as applicable, that provides evidence of clinical-competence in dentistry or dental hygiene;+The Health Care Authority (HCA ) states that the legislation may help increase the number of+dentists and dental hygienists available to patients with Me dicaid in New Mexico, improving+access to care, especially in underserved areas. Th e compact ensures that dentists and dental+House Bill 44 – Page 3- E. "commissioner" means the individual appointed by-a participating state to serve as the member of the commission-for that participating state;+hygienists meet consistent licensu re standards across participati ng states, which could lead to+improved quality of care for patients covered by Medicaid.- F. "compact" means the Dentist and Dental Hygienist-Compact;+However, HCA in 2025 cautioned that an unin tended consequence of the bill may be to+incentivize New Mexico-based dentists and de ntal hygienists to seek employment in other+compact states, especially if wages and working conditions are perceived to be more favorable+than New Mexico.- 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;+PERFORMANCE IMPLICATIONS- 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;+RLD noted that states must adopt the compact in its entirety without substantive changes.- 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.-Section 20.3(d), from the federal bureau of investigation and-the state's criminal history record repository as defined in 28-C.F.R. Section 20.3;+ADMINISTRATIVE IMPLICATIONS- J. "data system" means the commission's repository-of information about licensees, including examination,-licensure, investigative, compact privilege, adverse action and-alternative program;+RLD is the state’s governing aut hority over the practice of dentis try and dental hygiene. The+dental board under the RLD said licensure portab ility is important to younger professionals,+which is why it offers expedited licensure. Th e compact will also allow active-duty military+personnel and spouses to obtain a compact privile ge, based on an unrestr icted license from any+one participating state.- K. "dental hygienist" means an individual who is-licensed by a state licensing authority to practice dental-hygiene;+CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP- L. "dentist" means an individual who is licensed by-a state licensing authority to practice dentistry;+Duplicate of 2025 House Bill 441 and of 2026 House Bill 14. Othe r 2026 legislation enacting+model interstate licensing compacts, includes:+House Bills 10 and 45, Physician Assistant Interstate Compact+House Bill 11, Audiology & Speech-Language Pathology Compact+House Bill 13, Occupational Therapy Compact+House Bill 12, Physical Therapy Licensure Compact+House Bill 32, Counseling Compact+Senate Bill 1, Interstate Medical Licensure Compact- M. "dentist and dental hygienist compact-commission" or "commission" means a joint government agency-established by this compact comprised of each state that has+OTHER SUBSTANTIVE ISSUES-enacted the compact and a national administrative body-comprised of a commissioner from each state that has enacted-the compact;+The compact was developed throug h a partnership between the C ouncil of State Governments,+the Department of Defense, the American De ntal Association, and the American Dental+Hygienists’ Association. According to the website https://ddhcompact.org/, 12 states have+enacted legislation to adopt the compact, (only seven were needed), a nd 7 additional states,+including New Mexico, have legislation pendi ng and compact privileges have not yet been+issued.- N. "encumbered license" means a license that a-state licensing authority has limited in any way other than-through an alternative program;+The state dental board in 2025 ra ised concerns with whether e nough dentists sit on the Compact+Commission, how remote states take adverse ac tion and conduct joint investigations, how much+the commission will levy states for staff and operations, and how the database functions,+including for monitoring a licensee, license appli cant, or whether any adverse actions have been+taken+.- 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" means 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, which may be-established through means including 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; and-- 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 shall:-- (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 or doctor of dental medicine 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 for the-commission as established by commission rule.-- B. Providing alternative pathways for an individual-to obtain an unrestricted license does not disqualify a state-from participating in the compact.-- C. When conducting a criminal background check, the-state licensing authority shall:-- (1) consider that information in making a-licensure decision;-- (2) maintain documentation of completion of-the criminal background check and background check information-to the extent allowed by state and federal law; and-- (3) report to the commission whether it has-completed the criminal background check and whether the-individual was granted or denied a license.-- D. A licensee of a participating state who has a-qualifying license in that state and does not hold an encumbered-license in any other participating state shall be issued a-compact privilege in a remote state in accordance with the terms-of the compact and commission rules. If a remote state has a-jurisprudence requirement, a compact privilege will not be-issued to the licensee unless the licensee has satisfied the-jurisprudence requirement.--SECTION 4 - Compact Privilege-- A. To obtain and exercise the compact privilege-under the terms and provisions of the compact, the licensee-shall:-- (1) have a qualifying license as a dentist or-dental hygienist in a participating state;-- (2) be eligible for a compact privilege in any-remote state in accordance with Subsections D, G and H of this-section;-- (3) submit to an application process whenever-the licensee is seeking a compact privilege;-- (4) pay any applicable commission and remote-state fees for a compact privilege in the remote state;-- (5) meet any jurisprudence requirement-established by a remote state in which the licensee is seeking a-compact privilege;-- (6) have passed a national board examination-of the joint commission on national dental examinations or-another examination accepted by commission rule;-- (7) for a dentist, have graduated 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 or doctor of-dental medicine degree;-- (8) for a dental hygienist, have graduated-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;-- (9) have successfully completed a clinical-assessment for licensure;-- (10) report to the commission adverse action-taken by any non-participating state when applying for a compact-privilege and otherwise, within thirty days from the date the-adverse action is taken;-- (11) report to the commission when applying-for a compact privilege the address of the licensee's primary-residence and thereafter immediately report to the commission-any change in the address of the licensee's primary residence;-and-- (12) consent to accept service of process by-mail at the licensee's primary residence on record with the-commission with respect to any action brought against the-licensee by the commission or a participating state and consent-to accept service of a subpoena by mail at the licensee's-primary residence on record with the commission with respect to-any action brought or investigation conducted by the commission-or a participating state.-- B. The licensee shall comply with the requirements-of Subsection A of this section to maintain the compact-privilege in the remote state, and if those requirements are-met, the compact privilege shall continue as long as the-licensee maintains a qualifying license in the state through-which the licensee applied for the compact privilege and pays-any applicable compact privilege renewal fees.-- C. A licensee providing dentistry or dental hygiene-in a remote state under the compact privilege shall function-within the scope of practice authorized by the remote state for-a dentist or dental hygienist licensed in that state.-- D. A licensee providing dentistry or dental hygiene-pursuant to a compact privilege in a remote state is subject to-that state's regulatory authority. A remote state may, in--accordance with due process and that state's laws, by adverse-action revoke or remove a licensee's compact privilege in the-remote state for a specific period of time and impose fines or-take any other necessary actions to protect the health and-safety of its citizens. If a remote state imposes an adverse-action against a compact privilege that limits the compact-privilege, that adverse action applies to all compact privileges-in all remote states. A licensee whose compact privilege in a-remote state is removed for a specified period of time is not-eligible for a compact privilege in any other remote state until-the specific time for removal of the compact privilege has-passed and all encumbrance requirements are satisfied.-- E. If a license in a participating state is an-encumbered license, the licensee shall lose the compact-privilege in a remote state and shall not be eligible for a-compact privilege in any remote state until the license is no-longer encumbered.-- F. Once an encumbered license in a participating-state is restored to good standing, the licensee must meet the-requirements of Subsection A of this section to obtain a compact--privilege in a remote state.-- G. If a licensee's compact privilege in a remote-state is removed by the remote state, the individual shall lose-or be ineligible for the compact privilege in any remote state-until the following occur:-- (1) the specific period of time for which the-compact privilege was removed has ended; and-- (2) all conditions for removal of the compact-privilege have been satisfied.-- H. Once the requirements of Subsection G of this-section have been met, the licensee must meet the requirements-in Subsection A of this section to obtain a compact privilege in-a remote state.--SECTION 5 - Active Military Member or Military Spouse-- An active military member and the spouse of an active-military member shall not be required to pay to the commission-for a compact privilege the fee otherwise charged by the-commission. If a remote state chooses to charge a fee for a-compact privilege, it may choose to charge a reduced fee or no-fee to an active military member and their spouse for a compact-privilege.--SECTION 6 - Adverse Actions-- A. A participating state in which a licensee is-licensed shall have exclusive authority to impose adverse action-against the qualifying license issued by that participating-state.-- B. A participating state may take adverse action-based on the significant investigative information of a remote-state, so long as the participating state follows its own-procedures for imposing adverse action.-- C. Nothing in this compact shall override a-participating state's decision that participation in an-alternative program may be used in lieu of adverse action and-that such participation shall remain nonpublic if required by-the participating state's laws. Participating states must-require licensees who enter any alternative program in lieu of-discipline to agree not to practice pursuant to a compact-privilege in any other participating state during the term of-the alternative program without prior authorization from such-other participating state.-- D. Any participating state in which a licensee is-applying to practice or is practicing pursuant to a compact-privilege may investigate actual or alleged violations of the-statutes and regulations authorizing the practice of dentistry-or dental hygiene in any other participating state in which the-dentist or dental hygienist holds a license or compact-privilege.-- E. A remote state shall have the authority to take-adverse actions as set forth in Subsection D of Section 4 of-this compact against a licensee's compact privilege in the-state.-- F. In furtherance of its rights and responsibilities-under the compact and the commission's rules, issue subpoenas-for both hearings and investigations that require the attendance-and testimony of witnesses and the production of evidence.-Subpoenas issued by a state licensing authority in a-participating state for the attendance and testimony of-witnesses, or the production of evidence from another-participating state, shall be enforced in the latter state by-any court of competent jurisdiction, according to the practice-and procedure of that court applicable to subpoenas issued in-proceedings pending before it. The issuing authority shall pay-any witness fees, travel expenses, mileage and other fees-required by the service statutes of the state where the-witnesses or evidence are located.-- G. If otherwise permitted by state law, recover from-the licensee the costs of investigations and disposition of-cases resulting from any adverse action taken against that-licensee.-- H. The following conditions shall apply to joint-investigations:-- (1) in addition to the authority granted to a-participating state by its dentist or dental hygienist licensure-act or other applicable state law, a participating state may-jointly investigate licensees with other participating states;-and-- (2) participating states shall share any-significant investigative information, litigation, or compliance-materials in furtherance of any joint or individual-investigation initiated under the compact.-- I. The following conditions shall apply to the-authority to continue an investigation:-- (1) after a licensee's compact privilege in a-remote state is terminated, the remote state may continue an-investigation of the licensee that began when the licensee had a-compact privilege in that remote state; and-- (2) if the investigation yields what would be-significant investigative information had the licensee continued-to have a compact privilege in that remote state, the remote-state shall report the presence of such information to the data-system as required by Paragraph (6) of Subsection B of Section 8-of this compact as if it was significant investigative-information.--SECTION 7 - Establishment and Operation of the Commission-- A. The compact participating states hereby create-and establish a joint government agency whose membership-consists of all participating states that have enacted the-compact. The commission is an instrumentality of the-participating states acting jointly and not an instrumentality-of any one state. The commission shall come into existence on-or after the effective date of the compact as set forth in-Subsection A of Section 11 of this compact.-- B. The following conditions shall apply to-participation, voting and meetings:-- (1) each participating state shall have and be-limited to one commissioner selected by that participating-state's state licensing authority or, if the state has more than-one state licensing authority, selected collectively by the-state licensing authorities;-- (2) the commissioner shall be a member or-designee of such authority or authorities;-- (3) the commission may by rule or bylaw-establish a term of office for commissioners and by rule or-bylaw establish term limits;-- (4) the commission may recommend to a state-licensing authority or authorities, as applicable, removal or-suspension of an individual as the state's commissioner;-- (5) a participating state's state licensing-authority or authorities, as applicable, shall fill any vacancy-of its commissioner on the commission within sixty days of the-vacancy;-- (6) each commissioner shall be entitled to one-vote on all matters that are voted upon by the commission; and-- (7) the commission shall meet at least once-during each calendar year.-- C. The commission shall have the following powers:-- (1) establish the fiscal year of the-commission;-- (2) establish a code of conduct and conflict-of interest policies;-- (3) adopt rules and bylaws;-- (4) maintain its financial records in-accordance with the bylaws;-- (5) meet and take such actions as are-consistent with the provisions of this compact, the commission's-rules and the bylaws;-- (6) initiate and conclude legal proceedings or-actions in the name of the commission; provided that the-standing of any state licensing authority to sue or be sued-under applicable law shall not be affected;-- (7) maintain and certify records and-information provided to a participating state as the--authenticated business records of the commission and designate a-person to do so on the commission's behalf;-- (8) purchase and maintain insurance and bonds;-- (9) borrow, accept or contract for services of-personnel, including employees of a participating state;-- (10) conduct an annual financial review;-- (11) hire employees, elect or appoint-officers, fix compensation, define duties, grant such-individuals appropriate authority to carry out the purposes of-the compact and establish the commission's personnel policies-and programs relating to conflicts of interest, qualifications-of personnel and other related personnel matters;-- (12) as set forth in commission rules, charge-a fee to a licensee for the grant of a compact privilege in a-remote state, and thereafter, charge the licensee a compact-privilege renewal fee for each renewal period in which that-licensee exercises or intends to exercise the compact privilege-in that remote state; provided that nothing herein shall be-construed to prevent a remote state from charging a licensee a-fee for a compact privilege or renewals of a compact privilege-or a fee for the jurisprudence requirement if the remote state-imposes such a requirement for the grant of a compact privilege;-- (13) accept any and all appropriate gifts,-donations, grants of money, other sources of revenue, equipment,-supplies, materials and services; and receive, utilize and-dispose of the same; provided that at all times the commission-shall avoid any appearance of impropriety or conflict of-interest;-- (14) lease, purchase, retain, own, hold,-improve or use any property, real, personal or mixed or any-undivided interest therein;-- (15) sell, convey, mortgage, pledge, lease,-exchange, abandon or otherwise dispose of any property, real,-personal or mixed;-- (16) establish a budget and make expenditures;-- (17) borrow money;-- (18) appoint committees, including standing-committees, which may be composed of members, state regulators,-state legislators or their representatives, consumer-representatives and such other interested persons as may be-designated in this compact and the bylaws;-- (19) provide and receive information from, and-cooperate with, law enforcement agencies;-- (20) elect a chair, vice chair, secretary and-treasurer and such other officers of the commission as provided-in the commission's bylaws;-- (21) establish and elect an executive board;-- (22) adopt and provide to the participating-states an annual report;-- (23) determine whether a state's enacted-compact is materially different from the model compact language-such that the state would not qualify for participation in the-compact; and-- (24) perform such other functions as may be-necessary or appropriate to achieve the purposes of this-compact.-- D. The following conditions apply to meetings of the-commission:-- (1) all meetings that are not closed pursuant-to this subsection shall be open to the public, and notice of-public meetings shall be posted on the commission's website at-least thirty days prior to the public meeting;-- (2) notwithstanding Paragraph (1) of this-subsection, the commission may convene an emergency public-meeting by providing at least twenty-four hours prior notice on-the commission's website or any other means pursuant to the-commission's rules; provided that the commission's legal counsel-certify the that the emergency public meeting was called for a-permissible reason for which it may dispense with notice of-proposed rulemaking under Subsection H of Section 9 of this-compact;-- (3) notice of all commission meetings shall-provide the time, date and location of the meeting, and if the-meeting is to be held or accessible via telecommunication, video--conference or other electronic means, the notice shall include-the mechanism for access to the meeting through such means; and-- (4) a closed, nonpublic meeting may be held-for the commission to receive legal advice or to discuss matters-including:-- (a) noncompliance of a participating-state with its obligations under the compact;-- (b) the employment, compensation,-discipline or other matters, practices or procedures related to-specific employees or other matters related to the commission's-internal personnel practices and procedures;-- (c) current or threatened discipline of a-licensee or compact privilege holder by the commission or by a-participating state's licensing authority;-- (d) current, threatened or reasonably-anticipated litigation;-- (e) negotiation of contracts for the-purchase, lease or sale of goods, services or real estate;-- (f) accusations that any person has-committed a crime or the formal censure of any person;-- (g) trade secrets or commercial or-financial information that is privileged or confidential;-- (h) information of a personal nature-where disclosure would constitute a clearly unwarranted invasion-of personal privacy;-- (i) investigative records compiled for-law enforcement purposes;-- (j) information related to any-investigative reports prepared by or on behalf of or for use of-the commission or other committee charged with responsibility of-investigation or determination of compliance issues pursuant to-the compact;-- (k) legal advice;-- (l) matters specifically exempted from-disclosure to the public by federal or participating state law;-and-- (m) other matters as promulgated by the-commission by rule.-- E. If a meeting, or portion of a meeting, is closed,-the presiding officer shall state that the meeting will be-closed and make reference to each relevant exempting provision,-and such reference shall be recorded in the minutes.-- F. The commission shall keep minutes that fully and-clearly describe all matters discussed in a meeting and provide-a full and accurate summary of actions taken and the reasons-therefore, including a description of the views expressed, and-all documents considered in connection with an action shall be-identified in such minutes and the minutes and documents of a-closed meeting shall remain under seal, subject to release only-by a majority vote of the commission or order of a court of-competent jurisdiction.-- G. The financing of the commission shall be carried-out as follows. The commission:-- (1) shall pay, or provide for the payment of,-the reasonable expenses of its establishment, organization and-ongoing activities;-- (2) may accept any and all appropriate sources-of revenue, donations and grants of money, equipment, supplies,-materials and services;-- (3) may levy on and collect an annual-assessment from each participating state and impose fees on-licensees of participating states when a compact privilege is-granted, to cover the cost of the operations and activities of-the commission and its staff, which must be in a total amount-sufficient to cover its annual budget as approved each--fiscal year for which sufficient revenue is not provided by-other sources with the aggregate annual assessment amount for-participating states allocated based upon a formula that the-commission shall promulgate by rule;-- (4) shall not incur obligations of any kind-prior to securing the funds adequate to meet the same nor pledge-the credit of any participating state, except by and with the-authority of the participating state; and-- (5) shall keep accurate accounts of all-receipts and disbursements, subject to the financial review and-accounting procedures established under its bylaws and subject-to an annual financial review by a certified or licensed public-accountant, the report of which shall be included in the annual-report of the commission.-- H. The executive board shall have the power to act-on behalf of the commission according to the terms of this-compact. The powers, duties and responsibilities of the-executive board shall include:-- (1) overseeing the day-to-day activities of-the administration of the compact, including compliance with the-provisions of the compact and the commission's rules and bylaws;-- (2) recommending to the commission changes to-the rules or bylaws, changes to this compact legislation, fees-charged to compact participating states, fees charged licensees-and other fees;-- (3) ensuring compact administration services-are appropriately provided, including by contract;-- (4) preparing and recommending the budget;-- (5) maintaining financial records on behalf of-the commission;-- (6) monitoring compact compliance of-participating states and providing compliance reports to the-commission;-- (7) establishing additional committees as-necessary;-- (8) exercising the powers and duties of the-commission during the interim between commission meetings,-except for adopting or amending rules, adopting or amending--bylaws and exercising any other powers and duties expressly-reserved to the commission by rule or bylaw; and-- (9) other duties as provided in the rules or-bylaws of the commission.-- I. The executive board of the commission shall be-composed of up to seven voting members, including:-- (1) the chair, vice chair, secretary and-treasurer; and-- (2) up to three additional members who may be-elected by the commission from the current membership of the-commission.-- J. The executive board of the commission may remove-any member of the executive board as provided in the-commission's bylaws.-- K. The executive board of the commission shall meet-at least annually and ensure that:-- (1) meetings at which the executive board of-the commission takes or intends to take formal action on a-matter be open to the public, except when dealing with any of-the matters covered under Paragraph (4) of Subsection D of this-section; and-- (2) five business days' notice of public-meetings are provided, by posting notice on its website and as-it may otherwise determine to provide notice to persons with an-interest in the public matters the executive board intends to-address at those meetings.-- L. The executive board of the commission may hold an-emergency meeting when acting for the commission to:-- (1) meet an imminent threat to public health,-safety or welfare;-- (2) prevent a loss of commission or-participating state funds; or-- (3) protect public health and safety.-- M. The members, officers, executive director,-employees and representatives of the commission shall be immune-from suit and liability, both personally and in their official--capacity, for any claim for damage to or loss of property or-personal injury or other civil liability caused by or arising-out of any actual or alleged act, error or omission that-occurred, or that the person against whom the claim is made had-a reasonable basis for believing occurred within the scope of-commission employment, duties or responsibilities; provided that-nothing in this subsection shall be construed to protect any-such person from suit or liability for any damage, loss, injury-or liability caused by the intentional or willful or wanton-misconduct of that person; and provided further that the-procurement of insurance of any type by the commission shall not-compromise or limit the immunity granted by this subsection.-- N. The commission shall defend any member, officer,-executive director, employee or representative of the commission-in any civil action seeking to impose liability arising out of-any actual or alleged act, error or omission that occurred-within the scope of commission employment, duties or-responsibilities, or as determined by the commission that the-person against whom the claim is made had a reasonable basis for-believing occurred within the scope of commission employment,-duties or responsibilities; provided that nothing herein shall-be construed to prohibit that person from retaining that-person's own counsel; and provided further that the actual or-alleged act, error or omission did not result from that person's-intentional or willful or wanton misconduct.-- O. Notwithstanding the provisions of Subsection M of-this section, should any member, officer, executive director,-employee or representative of the commission be held liable for-the amount of any settlement or judgment arising out of any-actual or alleged act, error or omission that occurred within-the scope of that individual's employment, duties or-responsibilities for the commission, or that the person to whom-that individual is liable had a reasonable basis for believing-occurred within the scope of the individual's employment, duties-or responsibilities for the commission, the commission shall-indemnify and hold harmless such individual; provided that the-actual or alleged act, error or omission did not result from the-intentional or willful or wanton misconduct of the individual.-- P. Nothing in this compact shall be:-- (1) construed as a limitation on the liability-of any licensee for professional malpractice or misconduct,-which shall be governed solely by any other applicable state-laws;-- (2) interpreted to waive or otherwise abrogate-a participating state's state action immunity or state action-affirmative defense with respect to antitrust claims under the-federal Sherman Act, the federal Clayton Act (Antitrust) or any-other state or federal antitrust or anticompetitive law or-regulation; and-- (3) construed to be a waiver of sovereign-immunity by the participating states or by the commission.--SECTION 8 - Data System-- A. The commission shall provide for the development,-maintenance, operation and utilization of a coordinated database-and reporting system containing licensure, adverse action and-significant investigative information on all licensees and-applicants for a license in participating states.-- B. Notwithstanding any other provision of state law-to the contrary, a participating state shall submit a uniform-data set to the data system on all individuals to whom this-compact is applicable as required by the rules of the-commission, including:-- (1) identifying information;-- (2) licensure data;-- (3) adverse actions against a licensee,-license applicant or compact privilege and information related-thereto;-- (4) non-confidential information related to-alternative program participation, the beginning and ending-dates of such participation and other information related to-such participation;-- (5) any denial of an application for licensure-and the reasons for such denial, excluding the reporting of any-criminal history record information where prohibited by law;-- (6) the presence of significant investigative-information; and-- (7) other information that may facilitate the-administration of this compact or the protection of the public,-as determined by the rules of the commission.-- C. The records and information provided to a-participating state pursuant to this compact or through the data-system, when certified by the commission or an agent thereof,-shall constitute the authenticated business records of the-commission and shall be entitled to any associated hearsay-exception in any relevant judicial, quasi-judicial or-administrative proceedings in a participating state.-- D. Significant investigative information pertaining-to a licensee in any participating state will only be available-to other participating states.-- E. It is the responsibility of the participating-states to monitor the database to determine whether adverse-action has been taken against a licensee or license applicant.-Adverse action information pertaining to a licensee or license-applicant in any participating state will be available to any-other participating state.-- F. Participating states contributing information to-the data system may designate information that may not be shared-with the public without the express permission of the-contributing state.-- G. Any information submitted to the data system that-is subsequently expunged pursuant to federal law or the laws of-the participating state contributing the information shall be--removed from the data system.--SECTION 9 - Rulemaking-- A. The commission shall promulgate reasonable rules-in order to effectively and efficiently implement and administer-the purposes and provisions of the compact. A commission rule--shall be invalid and have no force or effect only if a court of-competent jurisdiction holds that the rule is invalid because-the commission exercised its rulemaking authority in a manner--that is beyond the scope and purposes of the compact, or the-powers granted hereunder or based upon another applicable-standard of review.-- B. The rules of the commission shall have the force-of law in each participating state; provided, however, that-where the rules of the commission conflict with the laws of the--participating state that establish the participating state's-scope of practice as held by a court of competent jurisdiction,-the rules of the commission shall be ineffective in that state-to the extent of the conflict.-- C. The commission shall exercise its rulemaking-powers pursuant to the criteria set forth in this section and-the rules adopted thereunder. Rules shall become binding as of-the date specified by the commission for each rule.-- D. If a majority of the legislatures of the-participating states rejects a commission rule or portion of a-commission rule, by enactment of a statute or resolution in the-same manner used to adopt the compact, within four years of the-date of adoption of the rule, then such rule shall have no-further force and effect in any participating state or to any-state applying to participate in the compact.-- E. Rules shall be adopted at a regular or special-meeting of the commission.-- F. Prior to adoption of a proposed rule, the-commission shall hold a public hearing and allow persons to-provide oral and written comments, data, facts, opinions and-arguments.-- G. Prior to adoption of a proposed rule by the-commission, and at least thirty days in advance of the meeting-at which the commission will hold a public hearing on the-proposed rule, the commission shall provide a notice of proposed-rulemaking:-- (1) on the website of the commission or other-publicly accessible platform;-- (2) to persons who have requested notice of-the commission's notices of proposed rulemaking; and-- (3) in such other ways as the commission may-by rule specify.-- H. The notice of proposed rulemaking shall include:-- (1) the time, date and location of the public-hearing at which the commission will hear public comments on the-proposed rule and, if different, the time, date and location of-the meeting where the commission will consider and vote on the-proposed rule;-- (2) if the hearing is held via-telecommunication, video conference or other electronic means,-the commission shall include the mechanism for access to the-hearing in the notice of proposed rulemaking;-- (3) the text of the proposed rule and the-reason therefor;-- (4) a request for comments on the proposed-rule from any interested person; and-- (5) the manner in which interested persons may-submit written comments.-- I. All hearings shall be recorded. A copy of the-recording and all written comments and documents received by the-commission in response to the proposed rule shall be available-to the public.-- J. Nothing in this section shall be construed as-requiring a separate hearing on each commission rule. Rules may-be grouped for the convenience of the commission at hearings-required by this section.-- K. The commission shall, by majority vote of all-commissioners, take final action on the proposed rule based on-the rulemaking record. The commission:-- (1) may adopt changes to the proposed rule-provided the changes do not enlarge the original purpose of the-proposed rule;-- (2) shall provide an explanation of the-reasons for substantive changes made to the proposed rule as-well as reasons for substantive changes not made that were--recommended by commenters; and-- (3) shall determine a reasonable effective-date for the rule. Except for an emergency as provided in-Subsection L of this section, the effective date of the rule-shall be no sooner than thirty days after the commission issuing-the notice that it adopted or amended the rule.-- L. Upon determination that an emergency exists, the-commission may consider and adopt an emergency rule with twenty-four hours notice, with opportunity to comment; provided that-the usual rulemaking procedures provided in the compact and in-this section shall be retroactively applied to the rule as soon-as reasonably possible, in no event later than ninety days--after the effective date of the rule. For the purposes of this-provision, an emergency rule is one that must be adopted-immediately in order to:-- (1) meet an imminent threat to public health,-safety or welfare;-- (2) prevent a loss of commission or-participating state funds;-- (3) meet a deadline for the promulgation of a-rule that is established by federal law or rule; or-- (4) protect public health and safety.-- M. The commission or an authorized committee of the-commission may direct revisions to a previously adopted rule for-purposes of correcting typographical errors, errors in format,--errors in consistency or grammatical errors. Public notice of-any revisions shall be posted on the website of the commission.-The revision shall be subject to challenge by any person for a-period of thirty days after posting. The revision may be-challenged only on grounds that the revision results in a-material change to a rule. A challenge shall be made in writing-and delivered to the commission prior to the end of the notice-period. If no challenge is made, the revision will take effect-without further action. If the revision is challenged, the-revision may not take effect without the approval of the-commission.-- N. No participating state's rulemaking requirements-shall apply under this compact.--SECTION 10 - Oversight, Dispute Resolution and Enforcement-- A. The executive and judicial branches of state-government in each participating state shall enforce this-compact and take all actions necessary and appropriate to-implement the compact.-- B. Venue is proper and judicial proceedings by or-against the commission shall be brought solely and exclusively-in a court of competent jurisdiction where the principal office-of the commission is located. The commission may waive venue-and jurisdictional defenses to the extent it adopts or consents-to participate in alternative dispute resolution proceedings.-Nothing herein shall affect or limit the selection or propriety-of venue in any action against a licensee for professional-malpractice, misconduct or any such similar matter.-- C. The commission shall be entitled to receive-service of process in any proceeding regarding the enforcement-or interpretation of the compact or commission rule and shall-have standing to intervene in such a proceeding for all-purposes. Failure to provide the commission service of process-shall render a judgment or order void as to the commission, this-compact or promulgated rules.-- D. Default, technical assistance and termination-shall be addressed by the commission.-- E. If the commission determines that a participating-state has defaulted in the performance of its obligations or-responsibilities under this compact or the promulgated rules,-the commission shall provide written notice to the defaulting-state. The notice of default shall describe the default, the-proposed means of curing the default and any other action that-the commission may take and offer training and specific-technical assistance regarding the default.-- F. The commission shall provide a copy of the notice-of default to the other participating states.-- G. If a state in default fails to cure the default,-the defaulting state may be terminated from the compact upon an-affirmative vote of a majority of the commissioners, and all-rights, privileges and benefits conferred on that state by this-compact may be terminated on the effective date of termination.-A cure of the default shall not relieve the offending state of--obligations or liabilities incurred during the period of-default.-- H. Termination of participation in the compact shall-be imposed only after all other means of securing compliance-have been exhausted. Notice of intent to suspend or terminate-shall be given by the commission to the governor, the majority-and minority leaders of the defaulting state's legislature, the-defaulting state's state licensing authority or authorities, as--applicable, and each of the participating states' state-licensing authority or authorities applicable.-- I. A state that has been terminated is responsible-for all assessments, obligations and liabilities incurred-through the effective date of termination, including obligations-that extend beyond the effective date of termination.-- J. Upon the termination of a state's participation-in this compact, that state shall immediately provide notice to-all licensees of the state, including licensees of other-participating states issued a compact privilege to practice-within that state, of such termination. The terminated state-shall continue to recognize all compact privileges then in-effect in that state for a minimum of one hundred eighty days-after the date of said notice of termination.-- K. The commission shall not bear any costs related-to a state that is found to be in default or that has been-terminated from the compact, unless agreed upon in writing-between the commission and the defaulting state.-- L. The defaulting state may appeal the action of the-commission by petitioning the United States district court for-the District of Columbia or the federal district where the-commission has its principal offices. The prevailing party-shall be awarded all costs of such litigation, including-reasonable attorney fees.-- M. Upon request by a participating state, the-commission shall attempt to resolve disputes related to the-compact that arise among participating states and between-participating states and non-participating states. The-commission shall promulgate a rule providing for both mediation-and binding dispute resolution for disputes as appropriate.-- N. Enforcement of the compact shall be conducted by-the commission. The commission, in the reasonable exercise of-its discretion, shall enforce the provisions of this compact and-the commission's rules.-- O. By majority vote, the commission may initiate-legal action against a participating state in default in the-United States district court for the District of Columbia or the-federal district where the commission has its principal offices-to enforce compliance with the provisions of the compact and its-promulgated rules. The relief sought may include both-injunctive relief and damages. In the event judicial-enforcement is necessary, the prevailing party shall be awarded-all costs of such litigation, including reasonable attorney-fees. The remedies herein shall not be the exclusive remedies-of the commission. The commission may pursue any other remedies-available under federal or the defaulting participating state's-law.-- P. A participating state may initiate legal action-against the commission in the United States district court for-the District of Columbia or the federal district where the-commission has its principal offices to enforce compliance with-the provisions of the compact and its promulgated rules. The-relief sought may include both injunctive relief and damages.-In the event judicial enforcement is necessary, the prevailing-party shall be awarded all costs of such litigation, including-reasonable attorney fees.-- Q. No individual or entity other than a-participating state may enforce this compact against the-commission.--SECTION 11 - Effective Date, Withdrawal and Amendment-- A. The compact shall come into effect on the date on-which the compact statute is enacted into law in the seventh-participating state.-- B. On or after the effective date of the compact,-the commission shall convene and review the enactment of the-compact by each of the states that enacted the compact to-determine if the statute enacted by each state is materially-different than the model compact. If the commission finds the-enactment of a participating state is materially different from-the model compact, the participating state shall be entitled to-the default process set forth in Section 10 of this compact.-- C. If the commission later determines that a-participating state is in default or terminated or withdrew from-the compact, the commission shall remain in existence and the-compact shall remain in effect, even if the number of-participating states should be less than seven.-- D. Participating states shall be subject to the-process set forth in Subsection B of this section to determine-if their enactments are materially different from the model-compact and whether they qualify for participation in the-compact.-- E. All actions taken for the benefit of the-commission or in furtherance of the purposes of the-administration of the compact prior to the effective date of the-compact or the commission coming into existence shall be-considered to be actions of the commission unless specifically-repudiated by the commission.-- F. Any state that joins the compact subsequent to-the commission's initial adoption of the rules and bylaws shall-be subject to the commission's rules and bylaws as they exist on-the date on which the compact becomes law in that state. Any-rule that has been previously adopted by the commission shall-have the full force and effect of law on the day the compact-becomes law in that state.-- G. Any participating state may withdraw from this-compact by enacting a statute repealing that state's enactment-of the compact; however:-- (1) a participating state's withdrawal shall-not take effect until one hundred eighty days after enactment of-the repealing statute;-- (2) withdrawal shall not affect the continuing-requirement of the withdrawing state's licensing authority or-authorities to comply with the investigative and adverse action-reporting requirements of this compact prior to the effective-date of withdrawal; and-- (3) upon the enactment of a statute-withdrawing from this compact, the state shall immediately-provide notice of such withdrawal to all licensees within that-state, and notwithstanding any subsequent statutory enactment to-the contrary, such withdrawing state shall continue to recognize-all compact privileges to practice within that state granted-pursuant to this compact for a minimum of one hundred--eighty days after the date of such notice of withdrawal.-- H. Nothing contained in this compact shall be-construed to invalidate or prevent any licensure agreement or-other cooperative arrangement between a participating state and--a non-participating state that does not conflict with the-provisions of this compact.-- I. This compact may be amended by the participating-states. No amendment to this compact shall become effective and-binding upon any participating state until it is enacted into-the laws of all participating states.--SECTION 12 - Construction and Severability-- A. This compact and the commission's rulemaking-authority shall be liberally construed so as to effectuate the-purposes and the implementation and administration of the-compact. Provisions of the compact expressly authorizing or-requiring the promulgation of rules shall not be construed to-limit the commission's rulemaking authority solely for those-purposes.-- B. The provisions of this compact shall be-severable, and if any phrase, clause, sentence or provision of-this compact is held by a court of competent jurisdiction to be-contrary to the constitution of any participating state, a state-seeking participation in the compact, or of the United States,-or the applicability thereof to any government, agency, person-or circumstance is held to be unconstitutional by a court of-competent jurisdiction, the validity of the remainder of this-compact and the applicability thereof to any other government,-agency, person or circumstance shall not be affected thereby.-- C. Notwithstanding the provisions of Subsection B of-this section, the commission may deny a state's participation in-the compact or, in accordance with the requirements of-Subsection E of Section 10 of this compact, terminate a-participating state's participation in the compact, if it-determines that a constitutional requirement of a participating-state is a material departure from the compact. Otherwise, if-this compact shall be held to be contrary to the constitution of-any participating state, the compact shall remain in full force-and effect as to the remaining participating states and in full-force and effect as to the participating state affected as to-all severable matters.--SECTION 13 - Consistent Effect and Conflict with Other State-Laws-- A. Nothing herein shall prevent or inhibit the-enforcement of any other law of a participating state that is-not inconsistent with the compact.-- B. Any laws, statutes, regulations or other legal-requirements in a participating state in conflict with the-compact are superseded to the extent of the conflict.-- C. All permissible agreements between the commission-and the participating states are binding in accordance with-their terms.".-- SECTION 2. Section 61-5A-10 NMSA 1978 (being Laws 1994,-Chapter 55, Section 10, as amended) is amended to read:-- "61-5A-10. POWERS AND DUTIES OF THE BOARD AND-COMMITTEE.--In addition to any other authority provided by law,-the board and the committee, when designated, shall:-- A. enforce and administer the provisions of the-Dental Health Care Act and the Dental Amalgam Waste Reduction-Act;-- B. promulgate in accordance with the State Rules-Act, all rules as necessary to:-- (1) regulate the examination and licensure of-dentists and dental therapists and, through the committee,-regulate the examination and licensure of dental hygienists;-- (2) provide for the examination and-certification of dental assistants by the board;-- (3) provide for the regulation of dental-technicians by the board;-- (4) regulate the practice of dentistry, dental-therapy and dental assisting and, through the committee,-regulate the practice of dental hygiene; and-- (5) provide for the regulation and licensure-of non-dentist owners by the board;-- C. adopt and use a seal;-- D. administer oaths to all applicants, witnesses and-others appearing before the board or the committee, as-appropriate;-- E. keep an accurate record of all meetings, receipts-and disbursements;-- F. grant, deny, review, suspend and revoke licenses-and certificates to practice dentistry, dental therapy, dental-assisting and, through the committee, dental hygiene and-censure, reprimand, fine and place on probation and stipulation-dentists, dental therapists, dental assistants and, through the-committee, dental hygienists, in accordance with the Uniform-Licensing Act for any cause stated in the Dental Health Care Act-and the Dental Amalgam Waste Reduction Act;-- G. grant, deny, review, suspend and revoke licenses-to own dental practices and censure, reprimand, fine and place-on probation and stipulation non-dentist owners, in accordance-with the Uniform Licensing Act, for any cause stated in the-Dental Health Care Act and the Dental Amalgam Waste Reduction-Act;-- H. maintain records of the name, address, license-number and such other demographic data as may serve the needs-of the board of licensees, together with a record of license-renewals, suspensions, revocations, probations, stipulations,-censures, reprimands and fines. The board shall make available-composite reports of demographic data but shall limit public-access to information regarding individuals to their names,-addresses, license numbers and license actions or as required by-statute;-- I. hire and contract for services from persons as-necessary to carry out the board's duties;-- J. establish ad hoc committees whose members shall-be appointed by the chair with the advice and consent of the-board or committee and shall include at least one member of the-board or committee as it deems necessary for carrying on its-business;-- K. have the authority to pay per diem and mileage to-persons who are appointed by the board or the committee to serve-on ad hoc committees;-- L. have the authority to hire or contract with-investigators to investigate possible violations of the Dental-Health Care Act and the Dental Amalgam Waste Reduction Act;-- M. have the authority to issue investigative-subpoenas prior to the issuance of a notice of contemplated-action for the purpose of investigating complaints against-dentists, dental therapists, dental assistants and, through the-committee, dental hygienists licensed under the Dental Health-Care Act and the Dental Amalgam Waste Reduction Act;-- N. have the authority to sue or be sued and to-retain the services of an attorney at law for counsel and-representation regarding the carrying out of the board's duties;-- O. have the authority to create and maintain a-formulary, in consultation with the board of pharmacy, of-medications that a dental therapist or dental hygienist may-prescribe, administer or dispense in accordance with rules the-board has promulgated; [and]-- P. establish continuing education or continued-competency requirements for dentists, dental therapists,-certified dental assistants in expanded functions, dental-technicians and, through the committee, dental hygienists;-- Q. prescribe the procedures, forms and manner of--submitting an applicant's full set of fingerprints for state--and federal criminal history background reports that the board-or committee uses to evaluate the applicant's qualification for-licensure; and-- R. require an applicant, as a condition of-eligibility for initial licensure or initial privilege to-practice under the Dentist and Dental Hygienist Compact, to-submit a full set of fingerprints to the department of public-safety to obtain state and national criminal history record-information on the applicant. State and national criminal-history record reports are confidential and not public records.-The board and the committee shall not disseminate criminal-history record information across state lines."--- 49 -+AHO/LAC/ct/hg/ct/dw/ct
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.