(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. 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.
(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 that regulates the practices of dentistry and dental hygiene.
(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.
(3) State participation in the compact. (a) In order to join the compact and thereafter continue as a participating state, a state must:
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 (D.D.S.) or doctor of dental medicine (D.M.D.) 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 to 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.
(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;