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(u) “Qualifying license” means a license that is not an encumbered license
8issued by a participating state to practice dentistry or dental hygiene.
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(v) “Remote state” means a participating state where a licensee who is not
10licensed as a dentist or dental hygienist is exercising or seeking to exercise the
11compact privilege.
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(w) “Rule” means a regulation promulgated by an entity that has the force of
13law.
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(x) “Scope of practice” means the procedures, actions, and processes a dentist
15or dental hygienist licensed in a state is permitted to undertake in that state and the
16circumstances under which the licensee is permitted to undertake those procedures,
17actions and processes. Such procedures, actions and processes and the
18circumstances under which they may be undertaken may be established through
19means, including, but not limited to, statute, regulations, case law, and other
20processes available to the state licensing authority or other government agency.
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(y) “Significant investigative information” means information, records, and
22documents received or generated by a state licensing authority pursuant to an
23investigation for which a determination has been made that there is probable cause
24to believe that the licensee has violated a statute or regulation that is considered
1more than a minor infraction for which the state licensing authority could pursue
2adverse action against the licensee.
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(z) “State” means any state, commonwealth, district, or territory of the United
4States of America that regulates the practices of dentistry and dental hygiene.
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(za) “State licensing authority” means an agency or other entity of a state that
6is responsible for the licensing and regulation of dentists or dental hygienists.
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7(3) State participation in the compact. (a) In order to join the Compact and
8thereafter continue as a participating state, a state must:
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1. Enact a compact that is not materially different from the model compact as
10determined in accordance with commission rules;
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2. Participate fully in the commission's data system;
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3. Have a mechanism in place for receiving and investigating complaints about
13its licensees and license applicants;
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4. Notify the commission, in compliance with the terms of the compact and
15commission rules, of any adverse action or the availability of significant
16investigative information regarding a licensee and license applicant;
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5. Fully implement a criminal background check requirement, within a time
18frame established by commission rule, by receiving the results of a qualifying
19criminal background check;
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6. Comply with the commission rules applicable to a participating state;
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7. Accept the national board examinations of the Joint Commission on National
22Dental Examinations or another examination accepted by commission rule as a
23licensure examination;
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8. Accept for licensure that applicants for a dentist license graduate from a
25predoctoral dental education program accredited by the Commission on Dental
1Accreditation or another accrediting agency recognized by the United States
2department of education for the accreditation of dentistry and dental hygiene
3education programs, leading to the doctor of dental surgery (D.D.S.) or doctor of
4dental medicine (D.M.D.) degree;
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9. Accept for licensure that applicants for a dental hygienist license graduate
6from a dental hygiene education program accredited by the Commission on Dental
7Accreditation or another accrediting agency recognized by the United States
8department of education for the accreditation of dentistry and dental hygiene
9education programs;
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10. Require for licensure that applicants successfully complete a clinical
11assessment;
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11. Have continuing professional development requirements as a condition for
13license renewal; and
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12. Pay a participation fee to the commission as established by commission
15rule.
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(b) Providing alternative pathways for an individual to obtain an unrestricted
17license does not disqualify a state from participating in the compact.
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(c) When conducting a criminal background check the state licensing authority
19shall:
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1. Consider that information in making a licensure decision;
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2. Maintain documentation of completion of the criminal background check and
22background check information to the extent allowed by state and federal law; and
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3. Report to the commission whether it has completed the criminal background
24check and whether the individual was granted or denied a license.
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1(d) A licensee of a participating state who has a qualifying license in that state
2and does not hold an encumbered license in any other participating state, shall be
3issued a compact privilege in a remote state in accordance with the terms of the
4compact and commission rules. If a remote state has a jurisprudence requirement
5a compact privilege will not be issued to the licensee unless the licensee has satisfied
6the jurisprudence requirement.
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7(4) Compact privilege. (a) To obtain and exercise the compact privilege under
8the terms and provisions of the compact, the licensee shall:
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1. Have a qualifying license as a dentist or dental hygienist in a participating
10state;
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2. Be eligible for a compact privilege in any remote state in accordance with
12pars. (d), (g), and (h);