AB143 - Enacts the Dentist and Dental Hygienist Compact. (BDR 54-877)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1) A.B. 143 - *AB143* ASSEMBLY BILL NO. 143–ASSEMBLYMEMBER MARZOLA PREFILED JANUARY 29, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Enacts the Dentist and Dental Hygienist Compact. (BDR 54-877) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to dentistry; enacting the Dentist and Dental Hygienist Compact; providing dentists and dental hygienists practicing in this State under the Compact with the same legal status as persons who are licensed to practice those professions in this State; authorizing the sharing of certain information with a data system created by the Compact; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the licensure and regulation of dentists and dental 1 hygienists in this State by the Board of Dental Examiners of Nevada. (Chapter 631 2 of NRS) Section 1 of this bill enacts the Dentist and Dental Hygienist Compact, 3 which allows a person who is licensed as a dentist or a dental hygienist in a state 4 that is participating in the Compact to practice in other states that are participating 5 in the Compact. 6 In order to practice as a dentist or dental hygienist under the Compact, the 7 Compact requires a person to: (1) hold an unencumbered license in a state that is 8 participating in the Compact; (2) meet any requirement in the state in which he or 9 she seeks to practice under the Compact to pass an assessment of his or her 10 knowledge of the applicable laws and rules of that state; (3) submit to an 11 application process and pay any applicable fees; (4) have passed certain 12 examinations; (5) have graduated from certain programs for the education of 13 dentists or dental hygienists; (6) have completed a clinical assessment for licensure; 14 (7) report any adverse action taken against him or her within 30 days after the date 15 the adverse action is taken; (8) function within the scope of practice authorized by 16 each state in which he or she seeks to practice; and (9) meet certain other 17 requirements for eligibility. The Compact authorizes a participating state to take 18 adverse action against a dentist or dental hygienist who is practicing in the 19 participating state under the Compact. 20 – 2 – - *AB143* The Compact requires participating states to create a joint government agency 21 called the Dentist and Dental Hygienist Compact Commission. The Compact sets 22 forth the powers of the Commission which include, among other powers, the power 23 to adopt rules and bylaws and to hold meetings, which may be closed under certain 24 circumstances. The Compact additionally authorizes the Commission to levy and 25 collect an annual assessment from participating states and impose fees upon 26 persons seeking to practice under the Compact to cover the cost of its operations. 27 The Compact requires the Commission to create a data system to facilitate the 28 sharing of information among participating states. Section 2 of this bill, in general, 29 authorizes the Board of Dental Examiners of Nevada to disclose information to that 30 data system when required by the Compact. Section 4 of this bill provides for the 31 confidentiality of certain information disclosed through the data system. 32 The Compact provides additional provisions to carry out the Compact, 33 including providing procedures for the taking of adverse actions against licensees, 34 provisions for rulemaking by the Commission, provisions for oversight, dispute 35 resolution and enforcement and procedures for amendments and withdrawals. 36 Section 3 of this bill deems practicing as a dentist or dental hygienist under the 37 Compact to be equivalent to practicing under a license issued by the Board, thereby 38 providing such persons with the same authority, duties and legal protections as a 39 licensee. 40 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 631 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 The Dentist and Dental Hygienist Compact is hereby ratified 3 and entered into with all other jurisdictions legally joining the 4 Compact, in substantially the form set forth in this section: 5 6 DENTIST AND DENTAL HYGIENIST COMPACT 7 8 SECTION 1. TITLE AND PURPOSE 9 10 This statute shall be known and cited as the Dentist and Dental 11 Hygienist Compact. The purposes of this Compact are to facilitate 12 the interstate practice of dentistry and dental hygiene and improve 13 public access to dentistry and dental hygiene services by providing 14 Dentists and Dental Hygienists licensed in a Participating State 15 the ability to practice in Participating States in which they are not 16 licensed. The Compact does this by establishing a pathway for 17 Dentists and Dental Hygienists licensed in a Participating State to 18 obtain a Compact Privilege that authorizes them to practice in 19 another Participating State in which they are not licensed. The 20 Compact enables Participating States to protect the public health 21 and safety with respect to the practice of such Dentists and Dental 22 Hygienists, through the State’s authority to regulate the practice 23 of dentistry and dental hygiene in the State. The Compact: 24 – 3 – - *AB143* A. Enables Dentists and Dental Hygienists who qualify for a 1 Compact Privilege to practice in other Participating States without 2 satisfying burdensome and duplicative requirements associated 3 with securing a License to practice in those States; 4 B. Promotes mobility and addresses workforce shortages 5 through each Participating State’s acceptance of a Compact 6 Privilege to practice in that State; 7 C. Increases public access to qualified, licensed Dentists and 8 Dental Hygienists by creating a responsible, streamlined pathway 9 for Licensees to practice in Participating States; 10 D. Enhances the ability of Participating States to protect the 11 public’s health and safety; 12 E. Does not interfere with licensure requirements established 13 by a Participating State; 14 F. Facilitates the sharing of licensure and disciplinary 15 information among Participating States; 16 G. Requires Dentists and Dental Hygienists who practice in a 17 Participating State pursuant to a Compact Privilege to practice 18 within the Scope of Practice authorized in that State; 19 H. Extends the authority of a Participating State to regulate 20 the practice of dentistry and dental hygiene within its borders to 21 Dentists and Dental Hygienists who practice in the State through a 22 Compact Privilege; 23 I. Promotes the cooperation of Participating States in 24 regulating the practice of dentistry and dental hygiene within 25 those States; and 26 J. Facilitates the relocation of military members and their 27 spouses who are licensed to practice dentistry or dental hygiene. 28 29 SECTION 2. DEFINITIONS 30 31 As used in this Compact, unless the context requires otherwise, 32 the following definitions shall apply: 33 A. “Active Military Member” means any person with full- 34 time duty status in the armed forces of the United States, including 35 members of the National Guard and Reserve. 36 B. “Adverse Action” means disciplinary action or 37 encumbrance imposed on a License or Compact Privilege by a 38 State Licensing Authority. 39 C. “Alternative Program” means a non-disciplinary 40 monitoring or practice remediation process applicable to a Dentist 41 or Dental Hygienist approved by a State Licensing Authority of a 42 Participating State in which the Dentist or Dental Hygienist is 43 licensed. This includes, but is not limited to, programs to which 44 – 4 – - *AB143* Licensees with substance abuse or addiction issues are referred in 1 lieu of Adverse Action. 2 D. “Clinical Assessment” means examination or process, 3 required for licensure as a Dentist or Dental Hygienist, as 4 applicable, that provides evidence of clinical competence in 5 dentistry or dental hygiene. 6 E. “Commissioner” means the individual appointed by a 7 Participating State to serve as the member of the Commission for 8 that Participating State. 9 F. “Compact” means this Dentist and Dental Hygienist 10 Compact. 11 G. “Compact Privilege” means the authorization granted by a 12 Remote State to allow a Licensee from a Participating State to 13 practice as a Dentist or Dental Hygienist in a Remote State. 14 H. “Continuing Professional Development” means a 15 requirement, as a condition of License renewal to provide evidence 16 of successful participation in educational or professional activities 17 relevant to practice or area of work. 18 I. “Criminal Background Check” means the submission of 19 fingerprints or other biometric-based information for a License 20 applicant for the purpose of obtaining that applicant’s criminal 21 history record information, as defined in 28 C.F.R. § 20.3(d) from 22 the Federal Bureau of Investigation and the State’s criminal 23 history record repository as defined in 28 C.F.R. § 20.3(f). 24 J. “Data System” means the Commission’s repository of 25 information about Licensees, including, but not limited to, 26 examination, licensure, investigative, Compact Privilege, Adverse 27 Action, and Alternative Program. 28 K. “Dental Hygienist” means an individual who is licensed by 29 a State Licensing Authority to practice dental hygiene. 30 L. “Dentist” means an individual who is licensed by a State 31 Licensing Authority to practice dentistry. 32 M. “Dentist and Dental Hygienist Compact Commission” or 33 “Commission” means a joint government agency established by 34 this Compact comprised of each State that has enacted the 35 Compact and a national administrative body comprised of a 36 Commissioner from each State that has enacted the Compact. 37 N. “Encumbered License” means a License that a State 38 Licensing Authority has limited in any way other than through an 39 Alternative Program. 40 O. “Executive Board” means the Chair, Vice Chair, 41 Secretary and Treasurer and any other Commissioners as may be 42 determined by Commission Rule or bylaw. 43 – 5 – - *AB143* P. “Jurisprudence Requirement” means the assessment of an 1 individual’s knowledge of the laws and Rules governing the 2 practice of dentistry or dental hygiene, as applicable, in a State. 3 Q. “License” means current authorization by a State, other 4 than authorization pursuant to a Compact Privilege, or other 5 privilege, for an individual to practice as a Dentist or Dental 6 Hygienist in that State. 7 R. “Licensee” means an individual who holds an unrestricted 8 License from a Participating State to practice as a Dentist or 9 Dental Hygienist in that State. 10 S. “Model Compact” means the model for the Dentist and 11 Dental Hygienist Compact on file with the Council of State 12 Governments or other entity as designated by the Commission. 13 T. “Participating State” means a State that has enacted the 14 Compact and been admitted to the Commission in accordance with 15 the provisions herein and Commission Rules. 16 U. “Qualifying License” means a License that is not an 17 Encumbered License issued by a Participating State to practice 18 dentistry or dental hygiene. 19 V. “Remote State” means a Participating State where a 20 Licensee who is not licensed as a Dentist or Dental Hygienist is 21 exercising or seeking to exercise the Compact Privilege. 22 W. “Rule” means a regulation promulgated by an entity that 23 has the force of law. 24 X. “Scope of Practice” means the procedures, actions, and 25 processes a Dentist or Dental Hygienist licensed in a State is 26 permitted to undertake in that State and the circumstances under 27 which the Licensee is permitted to undertake those procedures, 28 actions and processes. Such procedures, actions and processes and 29 the circumstances under which they may be undertaken may be 30 established through means, including, but not limited to, statute, 31 regulations, case law, and other processes available to the State 32 Licensing Authority or other government agency. 33 Y. “Significant Investigative Information” means 34 information, records, and documents received or generated by a 35 State Licensing Authority pursuant to an investigation for which a 36 determination has been made that there is probable cause to 37 believe that the Licensee has violated a statute or regulation that is 38 considered more than a minor infraction for which the State 39 Licensing Authority could pursue Adverse Action against the 40 Licensee. 41 Z. “State” means any state, commonwealth, district, or 42 territory of the United States of America that regulates the 43 practices of dentistry and dental hygiene. 44 – 6 – - *AB143* AA. “State Licensing Authority” means an agency or other 1 entity of a State that is responsible for the licensing and regulation 2 of Dentists or Dental Hygienists. 3 4 SECTION 3. STATE PARTICIPATION IN THE COMPACT 5 6 A. In order to join the Compact and thereafter continue as a 7 Participating State, a State must: 8 1. Enact a compact that is not materially different from the 9 Model Compact as determined in accordance with Commission 10 Rules; 11 2. Participate fully in the Commission’s Data System; 12 3. Have a mechanism in place for receiving and 13 investigating complaints about its Licensees and License 14 applicants; 15 4. Notify the Commission, in compliance with the terms of 16 the Compact and Commission Rules, of any Adverse Action or the 17 availability of Significant Investigative Information regarding a 18 Licensee and License applicant; 19 5. Fully implement a Criminal Background Check 20 requirement, within a time frame established by Commission Rule, 21 by receiving the results of a qualifying Criminal Background 22 Check; 23 6. Comply with the Commission Rules applicable to a 24 Participating State; 25 7. Accept the National Board Examinations of the Joint 26 Commission on National Dental Examinations or another 27 examination accepted by Commission Rule as a licensure 28 examination; 29 8. Accept for licensure [Text truncated for display. Full text available on LegiScan.]