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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
Appropriation;
on-farm irrigation efficiency fund
(NOW: compact; dentists; dental hygienists)
As passed the Senate, S.B. 1448 appropriated $10,000,000 from the state General Fund in FY 2026 to the On-Farm Irrigation Efficiency Fund.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Adopts the Dentist and Dental Hygienist Compact (Compact), permitting dentists and dental hygienists licensed in a participating state to obtain licensure in any other Compact state.
Background
Dentists and dental hygienists in Arizona are licensed and overseen by
the Arizona Board of Dental Examiners (BODEX). BODEX's duties include: 1)
adopting and enforcing rules to regulate the practice of dentists, supervised
personnel and registered business entities;
2) maintaining a record of BODEX's acts and proceedings, including issuance,
denial, renewal and suspension of licenses and complaints; 3) establishing a
standard of educational requirements, as prescribed; 4) determining the
reputability of dental, dental therapy and dental hygiene schools;
5) issuing licenses and restricted permits to eligible persons; 6)
investigating misconduct charges of licensees and those with restricted
permits; 7) issuing disciplinary action against licensees, certificate holders
and restricted permittees; 8) establishing criteria for the renewal of permits
relating to general anesthesia and sedation; and 9) any other duties necessary
to enforce the regulation of the dental profession (A.R.S.
§ 32-1207).
The Compact is an interstate licensure compact designed to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dental services by providing dentists and dental hygienists who are licensed in a participating state with the ability to practice in other participating states in which they are not licensed. Under the Compact, dentists and dental hygienists who are licensed in good standing in a compact member state will be eligible to practice in other compact member states via compact privilege, which is equivalent to a license. The Compact is formally enacted after seven states have officially enacted the model Compact into law. Currently, 12 states have adopted the Compact, but privileges are not yet being issued as the implementation process will take 18 to 24 months (DDH Compact).
The Joint Legislative Budget Committee (JLBC) published a fiscal note on H.B. 2190, which has identical language to the House Engrossed version of S.B. 1448. JLBC estimates that the bill could incentivize dental professionals to obtain a Compact license in a different home state, which could decrease BODEX licensing revenues. As 15 percent of licensing revenues are deposited in the state General Fund (state GF) under current law, this could potentially impact revenues to the state GF. However, the magnitude of any impact cannot be determined in advance (JLBC Fiscal Note).
Purpose
1. States that the purpose of the Compact is to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dental services by providing dentists and dental hygienists who are licensed in a participating state with the ability to practice in other participating states in which they are not licensed.
2. Establishes a pathway for dentists and dental hygienists licensed in a participating state to obtain Compact privilege, authorizing practice in other participating states without a license.
3. Enables participating states to protect the public health and safety, with respect to the practice of dentists and dental hygienists, through the state's authority to regulate the practice of dentistry and dental hygiene.
4. Outlines purposes for state participation in the Compact.
State Participation in the Compact
5. Requires participating states to:
a) enact a Compact that is not materially different from the model Compact as determined in accordance with Commission rules;
b) participate fully in the Commission's data system;
c) have a mechanism in place for receiving and investigating complaints about the state's licensees and license applicants;
d) notify the Commission, in compliance with Compact terms and Commission rules, of any adverse action or the availability of significant investigative information regarding a licensee or license applicant;
e) fully implement a criminal background check requirement, within a timeframe established by Commission rule;
f) comply with the Commission rules applicable to a participating state;
g) accept, as a licensure examination, the national board examinations of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule;
h) accept for licensure dental license applicants who graduate from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the U.S. Department of Education (U.S. ED) for the accreditation of dentistry and dental hygiene education programs, leading to a Doctor of Dental Surgery or a Doctor of Dental Medicine degree;
i) accept for licensure dental hygienist license applicants who graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the U.S. ED for the accreditation of dentistry and dental hygiene education programs;
j) require license applicants to successfully complete a clinical assessment;
k) have continuing professional development requirements as a condition for license renewal; and
l) pay a participation fee to the Commission as established by rule.
6. Specifies that providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in the Compact.
7. Requires the state licensing authority, when conducting a criminal background check, to:
a) consider the applicant's criminal background information in making a licensure decision;
b) maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and
c) report to the Commission whether the state licensing authority has completed the criminal background check and whether the individual was granted or denied a license.
8. Grants Compact privilege to 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 in accordance with the terms of the Compact and Commission rules.
9. Stipulates that if a remote state has a jurisprudence requirement, Compact privilege will not be issued to the licensee unless the licensee has satisfied the requirement.
Compact Privilege
10. Requires a licensee to meet the following requirements to obtain and practice under Compact privilege:
a) have a qualifying license as a dentist or dental hygienist in a participating state;
b) be eligible for Compact privilege in any remote state in accordance with Compact requirements;
c) submit to an application process whenever the licensee is seeking Compact privilege;
d) pay any applicable Commission and remote state fees for Compact privilege;
e) meet any jurisprudence requirement established by a remote state in which the licensee is seeking Compact privilege;
f) have passed a national board examination of the Joint Commission on National Dental Examinations or another examination accepted by Commission rule;
g) for a dentist, have graduated from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by U.S. ED for the accreditation of dentistry and dental hygiene education programs, leading to a Doctor of Dental Surgery or Doctor of Dental Medicine degree;
h) 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 U.S. ED for the accreditation of dentistry and dental hygiene education programs;
i) have successfully completed a clinical assessment for licensure;
j) report to the Commission any adverse action taken by a nonparticipating state when applying for Compact privilege and otherwise within 30 days after the date the adverse action is taken;
k) report to the Commission, when applying for Compact privilege, the address of the licensee's primary residence and immediately report to the Commission any subsequent address change; and
l) consent to accept service of process or a subpoena by mail at the licensee's primary residence on record with the Commission with respect to any action brought against the licensee or investigation conducted by the Commission or participating state.
11. Requires a licensee to comply with all Compact privilege requirements to maintain privilege in a remote state.
12. Specifies that Compact privilege continues as long as a licensee maintains a qualifying license in the state of application, pays any applicable renewal fees and meets all Compact requirements.
13. Requires a licensee who provides dentistry or dental hygiene services in a remote state under Compact privilege to function within the scope of practice authorized by the remote state.
14. Subjects a licensee who provides dentistry or dental hygiene services under Compact privilege in a remote state to the state's regulatory authority.
15. Allows a remote state, by adverse action, to revoke or remove a licensee's Compact privilege in the remote state for a specific period of time, impose fines or take any other necessary action to protect the health and safety of its citizens, in accordance with due process and that state's laws.
16. Stipulates that, if a remote state imposes an adverse action that limits a licensee's Compact privilege, that adverse action applies to all Compact privileges in all remote states.
17. Specifies that a licensee whose Compact privilege in a remote state is removed for a specified period of time is ineligible for Compact privilege in any other remote state until the specified time for removal of the Compact privilege has passed and all encumbrance requirements are satisfied.
18. Stipulates that, if a license in a participating state is encumbered, the licensee loses Compact privilege in a remote state and is ineligible for Compact privilege in any remote state until the license is no longer encumbered.
19. Requires a licensee to meet Compact privilege requirements to obtain privilege in a remote state once an encumbered license in a participating state is restored to good standing.
20. Stipulates that, if a licensee's Compact privilege in a remote state is removed by the remote state, the individual loses or is ineligible for Compact privilege in any remote state until:
a) the specific period for which the Compact privilege was removed has ended; and
b) all conditions for removal of the Compact privilege have been satisfied.
Active Military Members and Spouses
21. Waives the Commission fee for Compact privilege for active military members and their spouses.
22. Allows a remote state that charges a fee for Compact privilege to charge a reduced fee or no fee to an active military member and their spouse.
Adverse Actions
23. Asserts that a participating state in which a licensee is licensed has exclusive authority to impose adverse action against the qualifying license issued by that state.
24. Allows a participating state to take adverse action based on the significant investigative information of a remote state as long as the participating state follows its own procedures for imposing adverse action.
25. Asserts that the Compact does not override a participating state's decision to utilize an alternative program in lieu of adverse action and that participation in such a program remains nonpublic if required by the state's laws.
26. Directs participating states to require licensees who enter any alternative program in lieu of discipline to agree not to practice under Compact privilege in any other participating state during the term of the alternative program without prior authorization from the other participating state.
27. Allows any participating state in which a licensee is applying to practice or is practicing under Compact privilege to investigate actual or alleged violations of the statutes and rules authorizing the practice of dentistry or dental hygiene in any other participating state in which the dentist or dental hygienists hold a license or Compact privilege.
28. Outlines the authorities of a remote state regarding adverse actions and investigations for dentists and dental hygienists practicing under Compact privilege.
29. Requires 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 to 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.
30. Requires the issuing authority to pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witness or evidence is located.
31. Stipulates that, if an investigation yields what would be significant investigative information had the licensee continued to have Compact privilege in that remote state, the remote state must report the information to the data system as if it were significant investigative information.
Compact Commission
32. Establishes a joint government agency whose membership consists of all participating states that have enacted the Compact.
33. States that the Commission is an instrumentality of the participating states acting jointly and not an instrumentality of any one state.
34. Requires the Commission to come into existence on or after the effective date of the Compact.
35. Outlines the membership, powers and duties of the Commission.
36. Outlines participation, voting and meeting procedures for the Commission.
37. Requires all meetings of the Commission that are not closed to be open to the public.
38. Requires notice of public meetings to be posted on the Commission's website at least 30 days before the public meeting.
39. Authorizes the Commission to convene an emergency public meeting with at least 24 hours' prior notice on its website and by any other means provided in Commission rules.
40. Outlines specified circumstances in which the Commission may receive legal advice in a closed and nonpublic meeting.
41. Stipulates that, if a meeting or portion of a meeting is closed, the presiding officer must state that the meeting will be closed and reference each relevant exemption and record this in the minutes.
42. Requires the Commission to keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed.
43. Subjects all minutes and documents of a closed meeting under seal and release only by a majority vote of the Commission or order of a court of competent jurisdiction.
44. Specifies that all minutes and documents of a closed meeting must remain under seal and are subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
45. Prescribes financial requirements and authorities of the Commission.
46. Establishes an executive board with the power to act on behalf of the Commission.
47. Outlines membership, authorities and duties of the executive board.
48. Allows the Commission to remove any member of the executive board as provided in the Commission's bylaws.
49. Establishes procedures and notice requirements for annual executive board meetings.
50. Allows the Executive Board to hold an emergency meeting when acting for the Commission to do any of the following:
a) meet an imminent threat to public health, safety or welfare;
b) prevent a loss of Commission or participating state monies; or
c) protect public health and safety.
51. Holds harmless from liability the members, officers, executive director, employees and representatives of the Commission for any claim for damage to or loss of property, personal injury or other civil liability caused by an act, error or omission that occurred, unless the damage, loss, injury or liability was caused by the intentional, willful or wanton misconduct of that person.
52. Requires the Commission to defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability for an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities.
53. Allows a person to retain private counsel in any action against the person if the act was not a result of intentional, willful or wanton misconduct.
54. Requires the Commission to indemnify and hold harmless any member, officer, executive director, employee or Commission representative for the amount of any settlement or judgment obtained against that person arising out of an act, error or omission that occurred within the scope of Commission employment, duties or responsibilities if the act was not a result of intentional, willful or wanton misconduct.
55. Prohibits any provision of the Compact from being construed as a:
a) limitation on the liability of any licensee for professional malpractice or misconduct, which must be governed solely by any other applicable state laws;
b) waiver of a participating state's state action immunity or state affirmative action defense with respect to antitrust claims under the Sherman Act, the Clayton Act or any other state or federal antitrust or anticompetitive law or regulation; or
c) waiver of sovereign immunity by participating states or the Commission.
Data System
56. Requires the Commission to provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, adverse action and the presence of significant investigative information on all licensees and applicants for a license in participating states.
57. Requires a participating state to submit a uniform data set to the data system on all applicable individuals as required by Commission rules, including all the following:
a) identifying information;
b) licensure data;
c) adverse actions against licensees, applicants or Compact privilege holders and related information;
d) nonconfidential information related to alternative program participation;
e) any denial of an application for licensure and the reasons for such denial, excluding reporting of any criminal history information where prohibited by law;
f) the presence of significant investigative information; and
g) other information that may facilitate the administration of the Compact or the protection of the public, as determined by Commission rules.
58. Requires the records and information provided to a participating state under the Compact or through the data system, when certified by the Commission or an agent, to constitute the authenticated business records of the Commission and be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceeding in a participating state.
59. Requires significant investigative and adverse action information pertaining to a licensee or license in any participating state to be available only to other participating states.
60. States that it is the responsibility of the participating states to monitor the database to determine whether adverse action has been taken against a licensee or license applicant.
61. Allows participating states contributing information to the data system to designate information that may not be shared with the public without the express permission of the contributing state.
62. Requires any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information to be removed from the data system.
Rulemaking
63. Requires the Commission to adopt reasonable rules to effectively and efficiently implement and administer the purposes and provisions of the Compact.
64. Invalidates a Commission rule only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, the powers granted under the Compact or based on another applicable standard of review.
65. Requires the rules of the Commission to have the force of law in each participating state, except that the rules will be ineffective in that state to the extent of any conflict where the rules of the Commission conflict with the laws of that participating state that establish the participating state's scope of practice, as held by a court of competent jurisdiction.
66. Requires the Commission to exercise its rulemaking powers pursuant to the criteria set forth by the Compact and rules adopted by the Commission.
67. Specifies that rules become binding as of the date specified by the Commission for each rule.
68. States that if a majority of legislatures of participating state's reject a Commission rule or portion of a Commission rule by enacting a statute or resolution in the same manner used to adopt the Compact, within four years after the date of adoption of the rule, the rule has no further force and effect in any participating state or to any state applying to participate in the Compact.
69. Requires rules to be adopted at a regular or special meeting of the Commission.
70. Requires the Commission, before adopting a proposed rule, to hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
71. Requires the Commission, before adopting a proposed rule and at least 30 days before meeting, to provide a notice of proposed rulemaking:
a) on the Commission's website or another publicly accessible platform;
b) to persons who have requested notice of the Commission's notices of proposed rulemaking; and
c) in any other way the Commission may specify by rule.
72. Prescribes requirements of the notice of proposed rulemaking.
73. Requires all hearings to be recorded and that a copy of the recording, all written comments and documents received by the Commission in response to a proposed rule be made available to the public.
74. Requires the Commission, by majority vote of all commissioners, to take final action on a proposed rule based on the rulemaking record by:
a) adopting changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule;
b) providing an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made to the proposed rule that were recommended by commenters; and
c) determining a reasonable effective date for the rule.
75. Establishes criteria, processes and procedures for the Commission when considering and adopting an emergency rule.
76. Allows the Commission or an authorized committee of the Commission to direct revisions to a previously adopted rule to correct errors, subject to challenge by any person for a period of 30 days on the grounds that the revision is a material change.
77. Requires any challenge to a rule correction to be made in writing and delivered to the Commission before the end of the notice period.
78. Prohibits a challenged revision from taking effect without approval of the Commission.
79. Requires a public notice of any rule revisions to be posted on the Commission website.
80. Specifies that a participating state's rulemaking requirements do not apply to the Compact.
Oversight, Dispute Resolution and Enforcement
81. Requires the executive and judicial branches of state government in each participating state to enforce the Compact and take all actions necessary and appropriate for implementation.
82. Requires the venue for oversight to be proper and for judicial proceedings by or against the Commission to be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located.
83. Allows the Commission to waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
84. Clarifies that the venue and jurisdictional requirements do not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any similar matter.
85. Requires the Commission to be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact or Commission rule and have standing to intervene in such a proceeding for all purposes.
86. Specifies that failure to provide the Commission service of process renders a judgement or order void as to the Commission, the Compact or adopted rules.
87. Requires the Commission to provide written notice, as prescribed, to a state that has been determined to have defaulted in its Compact obligations or responsibilities, and a copy of the notice to the other participating states.
88. Allows any state that fails to cure a default to be terminated from the Compact upon a majority vote of the Commission.
89. Specifies that the cure of a default does not relieve the offending state of obligations or liabilities incurred during the period of default.
90. Limits termination of a state's participation in the Compact to only after all other means of securing compliance have been exhausted.
91. Requires the Commission to provide notices of intent to suspend or terminate a state's Compact participation to the state's Governor, Legislature, the applicable licensing authority, as well as the licensing authorities of each of the remaining participating states.
92. Specifies that a state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
93. Requires a terminated state to immediately provide notice of the termination to all licensees of the state, including licensees of other participating states that were issued Compact privilege to practice within that state.
94. Requires the terminated state to continue to recognize all Compact privileges for a minimum of 180 days after the date of the notice of termination.
95. Prohibits the Commission from bearing any costs related to a state that is found in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and defaulting state.
96. Allows a defaulting state to appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices.
97. Requires the prevailing party to be awarded all costs of the appeal, including reasonable attorney fees.
98. Prescribes dispute resolution and enforcement procedures.
Effective Date, Withdrawal and Amendment
99. Declares the Compact effective on the date the Compact statute is enacted into law by the seventh member state.
100. Requires the Commission to convene and review the enactment of each of the states that enacted the Compact prior to the Commission first convening (charter participating states) to determine whether the statute enacted by each charter participating state is materially different than the model Compact, as outlined.
101. Subjects participating states enacting the Compact subsequent to the charter participating states to the process set forth in the Compact to determine whether their enactments are materially different from the model Compact and whether they qualify for participation.
102. Declares all actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact, before the effective date of the Compact or the Commission coming into existence, to be considered as actions of the Commission unless specifically repudiated by the Commission.
103. Subjects any state that joins the Compact subsequent to the Commission's initial adoption of rules and bylaws to the Commission's rules and bylaws as they exist on the date the Compact becomes law in that state.
104. Declares any rule that has been previously adopted by the Commission to have the full force and effect of law on the day the Compact becomes law in that state.
105. Allows any participating state to withdraw from the Compact by enacting a statute repealing the state's enactment.
106. Prohibits a participating state's withdrawal from:
a) taking effect until 180 days after enactment of the repealing statute; and
b) affecting the continuing requirement of the withdrawing state's licensing authority or authorities to comply with the investigative and adverse action reporting requirements of the Compact before the effective date of withdrawal.
107. Requires a state, upon withdrawal from the Compact, to immediately provide notice to all licensees within that state.
108. Asserts that the Compact does not invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and a nonparticipating state that does not conflict with the provisions of the Compact.
109. Allows the Compact to be amended by the participating states but limits the effect of any amendment until the amendment is enacted into the laws of all participating states.
Construction and Severability
110. Requires the Compact and the Commission's rulemaking authority to be liberally construed to effectuate the Compact's purposes, implementation and administration.
111. Prohibits provisions of the Compact authorizing or requiring the adoption of rules from being construed to limit the Commission's rulemaking authority solely for those purposes.
112. Requires the provisions of the Compact to be severable.
113. Asserts that, if any phrase, clause, sentence or provision of the Compact is declared to be contrary to the constitution of a member state, a state seeking Compact membership or the United States, the validity of the remainder of the Compact and the applicability to any government, agency, person or circumstance is not affected.
114. Allows the Commission to deny a state's participation in the Compact or terminate a member state's participation if it determines that a state constitutional requirement is a material departure from the Compact.
115. Specifies that, if the Compact is held to be contrary to the constitution of a member state, the Compact remains in full force and effect in the:
a) remaining member states; and
b) affected member state as to all severable matters.
Consistent Effect and Conflict with Other State Laws
116. Specifies that the Compact does not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.
117. States that any laws, statutes, regulations or other legal requirements of a member state that are in conflict with the Compact are superseded to the extent of the conflict.
118. Specifies that all agreements between the Commission and member states are binding in accordance with their terms.
Miscellaneous
119. Designates this legislation as the Dentist and Dental Hygienist Compact.
120. Defines terms.
121. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment relating to the Compact.
House Action
NREW 3/18/25 DP 8-1-0-1
APPROP 3/26/25 DPA/SE 11-5-1-1
3rd Read 5/7/25 42-16-2
Prepared by Senate Research
May 7, 2025
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