Chapter 447

447.50(2)(i) (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 CFR 20.3 (d), from the federal bureau of investigation and the state’s criminal history record repository, as defined in 28 CFR. 20.3 (f).

447.50(2)(j) (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.

447.50(2)(k) (k) “Dental hygienist” means an individual who is licensed by a state licensing authority to practice dental hygiene.

447.50(2)(L) (L) “Dentist” means an individual who is licensed by a state licensing authority to practice dentistry.

447.50(2)(m) (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.

447.50(2)(n) (n) “Encumbered license” means a license that a state licensing authority has limited in any way other than through an alternative program.

447.50(2)(o) (o) “Executive board” means the chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.

447.50(2)(p) (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.

447.50(2)(q) (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.

447.50(2)(r) (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.

447.50(2)(s) (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.

447.50(2)(t) (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.

447.50(2)(u) (u) “Qualifying license” means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.

447.50(2)(v) (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.

447.50(2)(w) (w) “Rule” means a regulation promulgated by an entity that has the force of law.

447.50(2)(x) (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.

447.50(2)(y) (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.

447.50(2)(z) (z) “State” means any state, commonwealth, district, or territory of the United States that regulates the practices of dentistry and dental hygiene.

447.50(2)(za) (za) “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.

447.50(3) (3) State participation in the compact.

447.50(3)(a) (a) In order to join the compact and thereafter continue as a participating state, a state must:

447.50(3)(a)1. 1. Enact a compact that is not materially different from the model compact as determined in accordance with commission rules;

447.50(3)(a)2. 2. Participate fully in the commission’s data system;

447.50(3)(a)3. 3. Have a mechanism in place for receiving and investigating complaints about its licensees and license applicants;

447.50(3)(a)4. 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;

447.50(3)(a)5. 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;

447.50(3)(a)6. 6. Comply with the commission rules applicable to a participating state;

447.50(3)(a)7. 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;

447.50(3)(a)8. 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;

447.50(3)(a)9. 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;

447.50(3)(a)10. 10. Require for licensure that applicants successfully complete a clinical assessment;

447.50(3)(a)11. 11. Have continuing professional development requirements as a condition for license renewal; and

447.50(3)(a)12. 12. Pay a participation fee to the commission as established by commission rule.

447.50(3)(b) (b) Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in the compact.

447.50(3)(c) (c) When conducting a criminal background check the state licensing authority shall:

447.50(3)(c)1. 1. Consider that information in making a licensure decision;

447.50(3)(c)2. 2. Maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and

447.50(3)(c)3. 3. Report to the commission whether it has completed the criminal background check and whether the individual was granted or denied a license.

447.50(3)(d) (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.

447.50(4) (4) Compact privilege.

447.50(4)(a) (a) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

447.50(4)(a)1. 1. Have a qualifying license as a dentist or dental hygienist in a participating state;

447.50(4)(a)2. 2. Be eligible for a compact privilege in any remote state in accordance with pars. (d), (g), and (h);

447.50(4)(a)3. 3. Submit to an application process whenever the licensee is seeking a compact privilege;

447.50(4)(a)4. 4. Pay any applicable commission and remote state fees for a compact privilege in the remote state;

447.50(4)(a)5. 5. Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;

447.50(4)(a)6. 6. Have passed a national board examination of the Joint Commission on National Dental Examinations or another examination accepted by commission rule;

447.50(4)(a)7. 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 (D.D.S.) or doctor of dental medicine (D.M.D.) degree;

447.50(4)(a)8. 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;

447.50(4)(a)9. 9. Have successfully completed a clinical assessment for licensure;

447.50(4)(a)10. 10. Report to the commission adverse action taken by any non-participating state when applying for a compact privilege and, otherwise, within thirty (30) days from the date the adverse action is taken;

447.50(4)(a)11. 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

447.50(4)(a)12. 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.

447.50(4)(b) (b) The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state. If those requirements are met, the compact privilege will 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.

447.50(4)(c) (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.

447.50(4)(d) (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.

447.50(4)(e) (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.

447.50(4)(f) (f) Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of par. (a) to obtain a compact privilege in a remote state.

447.50(4)(g) (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:

447.50(4)(g)1. 1. The specific period of time for which the compact privilege was removed has ended; and

447.50(4)(g)2. 2. All conditions for removal of the compact privilege have been satisfied.

447.50(4)(h) (h) Once the requirements of par. (g) have been met, the licensee must meet the requirements in par. (a) to obtain a compact privilege in a remote state.

447.50(5) (5) Active military member or their spouses. An active military member and their spouse 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.

447.50(6) (6) Adverse actions.

447.50(6)(a) (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.

447.50(6)(b) (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.

447.50(6)(c) (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.

447.50(6)(d) (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.

447.50(6)(e) (e) A remote state shall have the authority to:

447.50(6)(e)1. 1. Take adverse actions as set forth in sub. (4) (d) against a licensee’s compact privilege in the state;

447.50(6)(e)2. 2. 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; and

447.50(6)(e)3. 3. 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.

447.50(6)(f) (f) Joint investigations.

447.50(6)(f)1. 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.

447.50(6)(f)2. 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.

447.50(6)(g) (g) Authority to continue investigation.

447.50(6)(g)1. 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.

447.50(6)(g)2. 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 sub. (8) (b) 6. as if it was significant investigative information.

447.50(7) (7) Establishment and operation of the commission.

447.50(7)(a) (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 sub. (11) (a).

447.50(7)(b) (b) Participation, voting, and meetings.

447.50(7)(b)1. 1. Each participating state shall have and be limited to one (1) 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.

447.50(7)(b)2. 2. The commissioner shall be a member or designee of such authority or authorities.

447.50(7)(b)3. 3. The commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.

447.50(7)(b)4. 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.

447.50(7)(b)5. 5. A participating state’s state licensing authority, or authorities, as applicable, shall fill any vacancy of its commissioner on the commission within sixty (60) days of the vacancy.

447.50(7)(b)6. 6. Each commissioner shall be entitled to one vote on all matters that are voted upon by the commission.

447.50(7)(b)7. 7. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.

447.50(7)(c) (c) The commission shall have the following powers: