SB692: Bill Text

SB692,,185 (c) When conducting a criminal background check the state licensing authority shall:

SB692,,186 1. Consider that information in making a licensure decision;

SB692,,187 2. Maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and

SB692,,188 3. Report to the commission whether it has completed the criminal background check and whether the individual was granted or denied a license.

SB692,,189 (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.

SB692,,190 (4) Compact privilege. (a) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

SB692,,191 1. Have a qualifying license as a dentist or dental hygienist in a participating state;

SB692,,192 2. Be eligible for a compact privilege in any remote state in accordance with pars. (d), (g), and (h);

SB692,,193 3. Submit to an application process whenever the licensee is seeking a compact privilege;

SB692,,194 4. Pay any applicable commission and remote state fees for a compact privilege in the remote state;

SB692,,195 5. Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;

SB692,,196 6. Have passed a national board examination of the Joint Commission on National Dental Examinations or another examination accepted by commission rule;

SB692,,197 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;

SB692,,198 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;

SB692,,199 9. Have successfully completed a clinical assessment for licensure;

SB692,,200 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;

SB692,,201 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

SB692,,202 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.

SB692,,203 (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.

SB692,,204 (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.

SB692,,205 (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.

SB692,,206 (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.

SB692,,207 (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.

SB692,,208 (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:

SB692,,209 1. The specific period of time for which the compact privilege was removed has ended; and

SB692,,210 2. All conditions for removal of the compact privilege have been satisfied.

SB692,,211 (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.

SB692,,212 (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.

SB692,,213 (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.

SB692,,214 (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.

SB692,,215 (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.

SB692,,216 (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.

SB692,,217 (e) A remote state shall have the authority to:

SB692,,218 1. Take adverse actions as set forth in sub. (4) (d) against a licensee’s compact privilege in the state;

SB692,,219 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

SB692,,220 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.

SB692,,221 (f) 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.

SB692,,222 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.

SB692,,223 (g) Authority to continue 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.

SB692,,224 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.

SB692,,225 (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 sub. (11) (a).

SB692,,226 (b) Participation, voting, and meetings. 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.

SB692,,227 2. The commissioner shall be a member or designee of such authority or authorities.

SB692,,228 3. The commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.

SB692,,229 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.

SB692,,230 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.

SB692,,231 6. Each commissioner shall be entitled to one vote on all matters that are voted upon by the commission.

SB692,,232 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.

SB692,,233 (c) The commission shall have the following powers:

SB692,,234 1. Establish the fiscal year of the commission;

SB692,,235 2. Establish a code of conduct and conflict of interest policies;

SB692,,236 3. Adopt rules and bylaws;

SB692,,237 4. Maintain its financial records in accordance with the bylaws;

SB692,,238 5. Meet and take such actions as are consistent with the provisions of this compact, the commission’s rules, and the bylaws;

SB692,,239 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;

SB692,,240 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;

SB692,,241 8. Purchase and maintain insurance and bonds;

SB692,,242 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a participating state;

SB692,,243 10. Conduct an annual financial review;

SB692,,244 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;

SB692,,245 12. As set forth in the commission rules, charge a fee to a licensee for the grant of a compact privilege in a remote state and thereafter, as may be established by commission rule, 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. 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;

SB692,,246 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 and/or conflict of interest;

SB692,,247 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB692,,248 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB692,,249 16. Establish a budget and make expenditures;

SB692,,250 17. Borrow money;

SB692,,251 18. Appoint committees, including standing committees, which may be composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

SB692,,252 19. Provide and receive information from, and cooperate with, law enforcement agencies;

SB692,,253 20. Elect a chair, vice chair, secretary and treasurer and such other officers of the commission as provided in the commission’s bylaws;

SB692,,254 21. Establish and elect an executive board;

SB692,,255 22. Adopt and provide to the participating states an annual report;

SB692,,256 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

SB692,,257 24. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB692,,258 (d) Meetings of the commission. 1. All meetings of the commission that are not closed pursuant to this paragraph shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least thirty (30) days prior to the public meeting.

SB692,,259 2. Notwithstanding subd. 1., the commission may convene an emergency public meeting by providing at least twenty-four (24) hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rule making under sub. (9) (L). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

SB692,,260 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.

SB692,,261 4. The commission may convene in a closed, nonpublic meeting for the commission to receive legal advice or to discuss:

SB692,,262 a. Noncompliance of a participating state with its obligations under the compact;

SB692,,263 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;

SB692,,264 c. Current or threatened discipline of a licensee or compact privilege holder by the commission or by a participating state’s licensing authority;

SB692,,265 d. Current, threatened, or reasonably anticipated litigation;

SB692,,266 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

SB692,,267 f. Accusing any person of a crime or formally censuring any person;

SB692,,268 g. Trade secrets or commercial or financial information that is privileged or confidential;

SB692,,269 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB692,,270 i. Investigative records compiled for law enforcement purposes;

SB692,,271 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;

SB692,,272 k. Legal advice;

SB692,,273 L. Matters specifically exempted from disclosure to the public by federal or participating state law; and