MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Human Services
By: Representatives Felsher, Creekmore IV
AN ACT TO ENACT INTO LAW THE INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES AND JURISDICTIONS THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-9-1, 73-9-3, 73-9-5, 73-9-13, 73-9-41, 73-9-43, 73-9-61, 73-9-63 AND 73-9-65, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Interstate Dental and Dental Hygiene Licensure Compact is enacted into law and entered into by this state with any and all states and other jurisdictions legally joining in the Compact in accordance with its terms, in the form substantially as follows:
INTERSTATE DENTAL AND DENTAL HYGIENE LICENSURE COMPACT
SECTION 1.
PURPOSE
This Compact shall be known as the Interstate Dental and Dental Hygiene Licensure Compact and the purpose of the Compact is to expedite licensure and increase access to dental health care through licensure boards acting in cooperation. The Compact adopts the existing structures most utilized by dental boards across the United States, while ensuring the safety of the public through the sharing of documents and information. This Compact ensures that each state retains the right to impose an adverse action on a licensee as a home state or as a practicing state. Each state has an opportunity to share investigations and information with the home state of licensure. The Compact is operated by state dental board members, administrators and other staff, thus allowing for each state to maintain its sovereignty.
The Compact:
(a) Allows for expedited licensure portability and ease of movement of licensees between states;
(b) Allows each state to continue to regulate the practice of dentistry and dental hygiene within its borders;
(c) Creates a common goal of protecting the public by ensuring a uniform licensure standard and sharing of information in the Compact;
(d) Allows for licensure in every participating state by requiring passage of the uniform licensure examination that assesses psychomotor and cognitive dental skills and is currently accepted in fifty (50) state licensing jurisdictions and United States territories;
(e) Gives licensees one (1) location to maintain professional documentation to expedite license transfers in states, hospitals or institutional credentialing;
(f) Facilitates a faster licensure process for relocation or separation of military members and their dependent spouses; there are no Compact fees for military members or their spouses;
(g) Alleviates a duplicative process for licensure among multiple states; and
(h) Saves applicants money by not having to obtain duplicate documents from a source that charges for the documents.
SECTION 2.
DEFINITIONS
As used in this Compact, and except where otherwise provided, the following definitions shall apply:
(a) "AADB" means the American Association of Dental Boards (AADB) or its named successor, formerly known as the American Association of Dental Examiners (AADE), originally chartered on September 10, 1896 and renewed in 1944, comprised of state dental boards in the United States and its territories;
(b) "Attorneys' committee" means the committee of attorneys who currently represent a member state dental board. The attorneys' committee shall designate one (1) of its members to participate in the Commission as a nonvoting member. An attorney that has previously served as an attorney for a member state dental board may be invited on a year-to-year basis to serve on the attorneys' committee if they have not engaged in an official case against a state dental board or have any other conflict of interest. The attorneys' committee may assist the investigators in working through joint investigation issues between states;
(c) "Active-duty military person or spouse" means a licensee in full-time active-duty status in the active uniformed services of the United States, including members of the National Guard and Reserves. The legal spouse of the military member must be recognized by the military unit as a dependent while the service member is on active duty. Spouses shall receive the same privileges as military members for the purpose of this Compact;
(d) "Active investigation" means an active investigation potentially resulting in formal allegations or charges precipitating a judicial process by a state dental board, oversight agency, or other law enforcement entity;
(e) "Adverse action" means an order issued by a state dental board or reported to the clearinghouse pursuant to the Commission's bylaws and rules that disciplines a licensee. Adverse action includes, and is not limited to, the suspension, limiting, or revocation of a license or compact license privilege; the imposition of fees and sanctions; and any temporary emergency order that may be later withdrawn by a board;
(f) "ADEX examination" means the initial licensure examinations developed by the American Board of Dental Examiners, Inc. or its successor;
(g) "Bylaws" means the bylaws passed by the Commission or its named successor commission;
(h) "Clearinghouse" means the clearinghouse and databank that houses prior adverse action documentations, orders and denials of licensure or permits from state dental boards that is administered by the AADB or its successor;
(i) "CODA" means the Commission on Dental Accreditation or its successor as approved by the United States Department of Education or its successor;
(j) "Commission" means the Interstate Dental and Dental Hygiene Compact Licensure Commission created under Section 3 of this Compact;
(k) "Commissioners" means the two (2) members chosen by each member state dental board to serve as the voting members of the Commission;
(l) "Compact" means the Interstate Dental and Dental Hygiene Licensure Compact created under Section 3 of this Compact;
(m) "Compact license privilege" means the expedited dental or dental hygiene license to practice in a member state that is not the licensee's home state;
(n) "Conviction" means an adjudication or formal judgment by a court that an individual is guilty through a plea of guilty or no contest, or a finding of guilt by the court. Evidence of a conviction of a criminal offense by the court shall be considered final for the purposes of considering or imposing disciplinary action by a member state dental board;
(o) "Criminal background check" means a criminal background check using the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR Section 731.202;
(p) "Dental hygienist" means any person who:
1. Has successfully graduated from a CODA-approved dental hygiene school;
2. Has successfully passed the ADEX dental hygiene licensure examination; or has been in practice for five (5) years or more and has successfully passed a regional board examination or equivalent state administered psychomotor licensure examination before January 1, 2024;
3. Has successfully passed the written National Dental Hygiene Board Examination administered by the Joint Commission on National Dental Examinations;
4. Possesses a full and unrestricted dental hygiene license issued by a member state;
5. Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction;
6. Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education;
7. Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and
8. Meets any jurisprudence requirement established by a member state dental board of a member state in which a licensee is seeking a compact license privilege.
(q) "Dental practice act" means the laws and regulations governing the practice of dentistry within a member state;
(r) "Dentist" means any person who:
1. Has successfully graduated from a CODA-approved dental school;
2. Has successfully passed the ADEX dental licensure exam; or has been in practice for five (5) years or more and has successfully passed a regional board examination or equivalent state-administered psychomotor licensure examination prior to January 1, 2024;
3. Has successfully passed the written National Dental Board Exam administered by the Joint Commission on National Dental Examinations;
4. Possesses a full and unrestricted dental license issued by a member state dental board;
5. Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense (other than traffic offenses) by a court of appropriate jurisdiction;
6. Has never been a subject of discipline by a licensing agency through any adverse action, order, or other restriction of the licensee by a licensing agency, with the exception of failure to pay fees or failure to complete continuing education;
7. Has never had a state or federal drug registration, permit, or license restricted, suspended, or revoked by the United States Drug Enforcement Administration or any licensing agency that oversees scheduled drug registrations;
8. Is not currently under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction; and
9. Meets any jurisprudence requirement established by a member state dental board in which a licensee is seeking a compact license privilege;
(s) "Home state" means the state of primary licensure of a licensee;
(t) "License" means the authorization by a licensing authority for a dentist or dental hygienist to engage in the unrestricted practice of dentistry or dental hygiene, which would be unlawful without such license;
(u) "Licensee" means a dentist or dental hygienist who holds an unrestricted license to practice as a dentist or dental hygienist;
(v) "Licensing agency" means the agency or other entity of a state that is responsible for the licensing of dentists and dental hygienists. If a member state dental board has such responsibility, it shall be deemed a licensing agency;
(w) "Member state dental board" means a state agency in a member state that protects the public through licensure, regulation, and the education of dentist and dental hygienists, as directed by the state law. All actions taken by a member state dental board shall be under the authority of the laws its state and any other rights conferred under this Compact;
(x) "Member state" means a state, the District of Colombia or any other United States territory that has enacted the Compact;
(y) "Regional board examination" means initial licensure examinations administered by the Western Regional Examining Board (WREB), the North East Regional Board of Dental Examiners (NERB), the Commission on Dental Competency Assessments (CDCA), Council of Interstate Testing Agencies (CITA), Southern Regional Testing Agency (SRTA), or Central Regional Dental Testing Services (CRDTS) that assess psychomotor skills;
(z) "Repository" means the repository of original documents of a licensee that may include original transcripts, certification documents, test scores, military training records, previous or current licensing documents and other sources of materials needed for applications and verification administered by the AADB or its successor. The repository shall receive documents from primary or originating sources and/or verify their authenticity;
(aa) "Scope of practice" means the dental-related procedures that require a license, permit, or training, to undertake the treatment and procedure to be completed on a patient within the member state's requirements;
(bb) "State" means a state within the United States or a United States territory; and
(cc) "State jurisprudence" means the knowledge of a member state's laws and rules of dentistry and dental hygiene.
SECTION 3.
COMPACT AND COMMISSION
(a) The member states create the Interstate Dental and Dental Hygiene Licensure Compact and the Commission. Each member state must enact a compact that is not materially different from this Compact, as determined by the Commission.
(b) Each member state dental board shall have two (2) voting members who shall serve as commissioners. Each commissioner shall have one (1) vote. Member states with separate dental and dental hygiene licensing agencies shall appoint one (1) commissioner from each licensing agency. One (1) commissioner shall be a current member of a member state dental board. Commissioners may not delegate votes or vote by proxy; however, if a commissioner is unable to attend, the member state may substitute a commissioner who meets the same requirements.
(c) Upon five (5) states joining the Compact, the Compact shall become active. The Commission shall adopt bylaws upon becoming active.
(d) The Commission shall meet at least once per calendar year (the "annual meeting") and at additional times as necessary pursuant to the bylaws and rules.
(e) At each annual meeting, the Commission shall elect a Chair, Vice Chair, Secretary, and Treasurer from the membership of the Commission (the "officers.") The officers shall be members of the Commission's Executive Committee (the "Executive Committee.") The Commission shall also elect representatives from four (4) regional districts established by the Commission to serve on the Executive Committee. All officers and Executive Committee representatives shall serve one (1) year terms.
(f) A quorum for purposes of conducting business shall be a majority of commissioners attending in person or virtually.
(g) The Commission shall provide notice of all meetings on its website and in other communications to member state dental boards.
(h) A vote of two-thirds (2/3) of the commissioners present shall be required for an executive session to discuss:
(1) Items specifically related to participation in a lawsuit or in anticipation of a legal proceeding;
(2) Matters specifically exempted from disclosure by federal statute;
(3) Information or matters involving law enforcement agencies or information that accuses a person of a crime or a public censure;
(4) Discussions that would include information of a personal nature that would constitute an unwarranted invasion of personal privacy;
(5) Anything considered internal practices and procedures or a trade secret;
(6) Other items described in the Commission bylaws allowing for executive sessions to be called; or
(7) Advice of legal counsel.
(i) The Commission shall keep minutes and make them available to all member states.
(j) The Commission may establish other committees as needed.
(k) The Commission shall prepare an annual report that shall be made available to the legislatures and governors of the member states. The annual report shall describe the activities of the Commission during the preceding calendar year. Such reports shall also include reports of the annual financial audit and any actions taken by or rules that were adopted by the Commission.
SECTION 4.
DUTIES OF COMPACT MEMBER STATE
(a) Member states shall submit to the clearinghouse all member state dental board actions and other documents and data as determined by the Commission.
(b) Member states shall notify the Commission of any adverse action taken by the member state dental board, any active investigation by the member state dental board, any active investigation involving pending criminal charges, or other circumstance as determined by the Commission.
(c) Any adverse action, order, restriction or denial of a license or permit on a licensee or compact license privilege holder shall be reported to the clearinghouse by the member state dental board.
(d) Member state dental boards may submit to the clearinghouse nonpublic complaints, or disciplinary or investigatory information not required by subsection (c) of this section. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.
(e) Members states shall accept continuing education credits as required or recognized by any other member state.
(f) Documents in the repository shall be treated by a member state as the equivalent of a primary or original source document for licensure.
(g) Member states shall accept a standardized application for a compact license privilege. The standardized application shall be established by the rules enacted by the Commission.
(h) Member states may agree to share information regarding ongoing investigations and actions, including joint investigations between states. All investigatory material shall be considered confidential and not part of a public record unless otherwise specifically required by state statute.
(i) As part of the Compact enforcement, participating member states may issue subpoenas and seek testimony of witnesses, which subpoenas shall be enforced in other member states and enforced by a court of competent jurisdiction where the witnesses or evidence is located.
SECTION 5.
POWERS AND DUTIES OF THE COMMISSION
(a) The Commission shall have the duty and power to:
(1) Oversee and maintain the administration of the Compact, including the organizational needs, the financial activities, the hiring of personnel and ongoing activities or needs of the Commission;
(2) Promulgate bylaws and rules to operate the Compact and the Commission;
(3) Establish a budget and make expenditures;
(4) Have an annual financial audit performed by an independent certified public accounting firm;
(5) Issue, upon the request of a member state dental board, advisory opinions concerning the meaning or interpretation of the Compact and its bylaws, rules, and actions;
(6) Enforce compliance with Compact provisions, the rules promulgated by the Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;
(7) Hold an annual meeting for the Commission where the elections of the Executive Committee and other issues may be discussed and voted on;
(8) Establish personnel policies and programs relating to conflicts of interest, and the rates of compensation and qualifications of personnel;
(9) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of them in a manner consistent with the conflict-of-interest policies established by the Commission;
(10) Report annually to the legislatures and governors of the member state dental boards concerning the activities of the Commission during the preceding calendar year. Such reports shall also include reports of annual financial audits, all actions of the Commission, rules adopted by the Commission, and any recommendations by the Commission; and
(11) Coordinate education, training and public awareness regarding the Compact, its implementation, and its operation.
(b) The Executive Committee shall have the power to act on behalf of the Commission, with the exception of rulemaking, during periods when the Commission is not in session. When acting on behalf of the Commission, the Executive Committee shall oversee the administration of the Compact, including enforcement of and compliance with the Compact.
(c) The officers and employees of the Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; however, such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(d) The liability of the executive director and employees of the Commission or representatives of the Commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The Commission shall be considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(e) The Commission shall defend the Commission's executive director, its employees, and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Commission representative, shall defend such Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(f) To the extent not covered by the state involved, member state, or the Commission, the representatives or employees of the Commission shall be held harmless by the Commission in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
SECTION 6.
APPLICATION, ELIGIBILITY, AND ISSUANCE OF
COMPACT LICENSE PRIVILEGE TO A MEMBER STATE
(a) A dentist or dental hygienist applying for compact license privileges shall meet the requirements of a dentist as listed in Section 2(r) of this Compact or a dental hygienist as listed in Section 2(p) of this Compact and hold a current license in a member state under this Compact.
(b) Each dentist or dental hygienist shall designate a home state of licensure. The home state shall be determined by:
(1) The state of primary residence for the dentist or dental hygienist, where twenty-five percent (25%) of their practice within one (1) year occurs. An active-duty military member or their spouse may choose a home state as designated with the military but are not required to meet the requirement of twenty-five percent (25%) practice being within their home state; or
(2) If no state qualifies under paragraph (1) of this subsection (b), then the state that the dentist or dental hygienist listed as their state of residence on the previous year's federal tax return.
(c) A dentist or dental hygienist may redesignate a home state no more than one (1) time in a calendar year if the qualifications of a home state are met.
(d) A dentist or dental hygienist seeking a compact license privilege (the "applicant") shall apply to their home state dental board for a letter stating that the applicant is eligible for compact license privileges.
(e) The home state dental board shall determine the eligibility of an application for a compact license privilege and shall issue a letter of approval or denial of the application for a compact license privilege.
(f) The letter from the applicant's home state dental board approving the application shall be submitted to the member state dental board for the member state in which the applicant proposes to practice, and shall include: (i) the Compact application packet; (ii) authorization to seek access to the applicant's repository documents; (iii) any additional information that may be required by the proposed compact license privilege state; and (iv) any required fees. The member state dental board shall review the application to confirm compliance with the member state's laws and regulations. Following such review, if the member state dental board approves the application, it shall issue a compact license privilege from the proposed member state to the applicant.
(g) Appeals of a denial of a compact license privilege application shall be filed with the member state dental board making such determination, and shall be filed within thirty (30) days of the date of the denial.
(h) A licensee holding a compact license privilege shall notify the Commission within ten (10) business days of any adverse action taken against a license held in a state that is not a member state.
(i) A compact license privilege may be revoked, suspended or limited by the issuing member state dental board if at any time the licensee's home state license is revoked, suspended or limited.
(j) The Commission shall issue rules on the duration of a compact license privilege, the application and renewal process for a compact license privilege, and any application fees.
(k) Eligibility or ineligibility to receive a compact license privilege shall not limit the ability of a licensee to seek a state license through the regular process outside of the Compact.
SECTION 7.
JURISDICTION OVER COMPACT LICENSE PRIVILEGE HOLDERS
(a) Each licensee holding a compact license privilege shall be subject to and comply with the laws and regulations of the member state in which such licensee practices under a compact license privilege.
(b) Each licensee holding a compact license privilege shall be subject to the jurisdiction and authority of the member state dental board of the state in which such licensee practices, as if they held a license issued from such member state dental board. Such compact license privilege holder shall be deemed a "licensee" of the member state dental board for purposes of such board taking an adverse action.
(c) Each licensee holding a compact license privilege shall list a current address with the Commission that shall serve as their official address of service.
(d) A licensee holding a compact license privilege may have an adverse action taken against them by:
(1) The member state dental board of the member state in which they are practicing with a compact license privilege;
(2) The licensee's home state; or
(3) The state licensing authority of a state that is not a member state from which the licensee holds a license.
(e) A home state may take an adverse action against the holder of a compact license privilege, regardless of where the actions giving rise to the adverse action occurred.
(f) Any member state in which the compact licensee holds a compact license privilege may investigate an allegation of a violation of the laws and rules of the practice of dentistry or dental hygiene in any other state where the compact licensee holds a compact license privilege.
SECTION 8.
FEES AND MILITARY WAIVER
(a) The Commission shall issue rules regarding the use of the repository by each holder of a compact license privilege.
(b) A member state dental board issuing a compact license privilege authorizing practice in its State may impose a fee for a compact license privilege, for either initial issuance or any renewal.
(c) No compact fee shall be required of any active-duty military member and/or their spouse up to one (1) year after separation from the service. Each member state issuing a compact license privilege may waive fees for active-duty military and/or their spouse as required by each individual state statute.
(d) Active-duty military may transfer military training records to the repository without a fee.
SECTION 9.
JOINT INVESTIGATIONS AND DISCIPLINARY ACTIONS
(a) Each member state shall name a point of contact for joint investigations between member state dental boards.
(b) Member state dental boards may participate with other member state dental boards in joint investigations of licensees that are subject to this Compact.
(c) Member state dental boards may share investigative, litigation or other materials in furtherance of any joint or individual investigation of a compact license privilege holder.
(d) A subpoena issued by a member state or member state dental board shall be enforceable in other member states as allowed by law.
(e) If a compact license privilege holder has an adverse action taken against them by any member state dental board, the compact license privilege holder, licensee shall automatically be subject to similar discipline by other member state dental boards.
(f) If a compact license privilege holder has an adverse action taken against their home state license, including being revoked, surrendered, or relinquished in lieu of discipline or suspended, then automatically all other compact license privileges shall be placed in the same status. The home state dental board shall notify the Commission and the Commission shall issue a notice to all member state dental boards of such adverse action.
(g) If discipline or an adverse action is taken against a compact license privilege holder in a member state, the member state board shall notify the Commission and the home state of the compact license privilege holder. The home state may deem the action conclusive as a matter of law and fact and may:
(1) Impose the same or lesser sanction consistent with the home state's laws; or
(2) Pursue separate actions against the compact license privilege holder under its laws, regardless of the sanctions pursued by the member state dental board.
SECTION 10.
OTHER REQUESTS FOR INFORMATION FROM THE
REPOSITORY AND THE CLEARINGHOUSE
(a) Insurance companies and entities verifying documents for the purpose of licenses extended to a dentist or dental hygienist may seek information from the clearinghouse for public record documents.
(b) A dentist or dental hygienist may submit a request to the Commission to allow any hiring employer, entity, or insurance company to access documents from the repository for the purposes of credentialing, licensing or other privileges.
(c) The Commission shall set a fee schedule for these services.
SECTION 11.
RULEMAKING FUNCTIONS OF THE COMMISSION
(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and achieve the purposes and administration of the Compact. Notwithstanding the foregoing, if the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact or the powers granted under this section, then such an action by the Commission may be determined to be invalid and have no force or effect.
(b) Rules validly issued by the Commission shall have the force of law in each member state.
(c) Rules deemed appropriate for the operations of the Commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto.
SECTION 12.
OVERSIGHT OF THE COMPACT
(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent to allow for expedited licensure for the purpose of mobility. The provisions of the Compact and the rules promulgated under the Compact shall have standing as statutory law but shall not override existing state authority to regulate the practice of dentistry and dental hygiene.
(b) All courts may take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities or actions of the Commission.
(c) The Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Except where the Commission has intervened, failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, the Compact or promulgated rules.
SECTION 13.
ENFORCEMENT AND DEFAULT PROCEDURES
(a) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.
(b) The grounds for default under this Compact by a member state include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact or by the rules and bylaws of the Commission promulgated under the Compact.
(c) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Commission shall:
(1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Commission. The Commission shall specify the conditions by which the defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(d) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(e) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.
(f) The Commission shall establish rules and procedures to address licenses and compact license privilege holders that are materially impacted by the termination of a member state or the withdrawal of a member state.
(g) The Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Commission and the defaulting state.
(h) The defaulting state may appeal the action of the Commission by petitioning the state court where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(i) The Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Commission and the defaulting state.
(j) The remedies in this section shall not be the exclusive remedies of the Commission. The Commission may avail itself of any other remedies available under state law or the regulation of a profession.
SECTION 14.
DISPUTE RESOLUTION
(a) The Commission shall attempt, upon the request of a member state dental board, to resolve disputes which are subject to the Compact and which may arise among member state dental boards.
(b) The Commission shall promulgate rules providing for both mediation and voluntary binding dispute resolution, as appropriate.
SECTION 15.
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state is eligible to become a member state of the Compact.
(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than five (5) states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that State.
(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Commission on a nonvoting basis before adoption of the Compact by all states.
(d) The Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
SECTION 16.
WITHDRAWAL
(a) Once effective, the Compact shall continue in force and remain binding upon each and every member state; however, a member state may withdraw from the Compact after giving appropriate notice by specifically repealing the statute which enacted the Compact into law.
(b) The licensee's compact license privilege shall remain in effect for six (6) months from the date of the member state dental board withdrawal.
(c) The withdrawing state shall immediately notify the chairperson of the Commission in writing upon the introduction of legislation repealing the Compact by the withdrawing state, and upon the enactment of such legislation.
(d) The Commission shall notify the other member states within sixty (60) days of its receipt of notice provided under subsection (c) of this section.
(e) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Commission.
(f) The Commission shall issue rules to address the impact of the withdrawal of a member state on licenses granted by other member states to dentists and dental hygienists who designated the withdrawing member state as their home state.
SECTION 17.
DISSOLUTION
(a) The Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one (1) member state.
(b) Upon the dissolution of the Compact, the Compact shall become null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
SECTION 18.
SEVERABILITY AND CONSTRUCTION
(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.
SECTION 19.
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Nothing in this Compact prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(b) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, shall be binding upon the member states.
(c) All agreements between the Commission and the member states shall be binding in accordance with their terms.
(d) If any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
SECTION 20.
RULES OF ORDER
The most current edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure shall all meetings of the Commission, including its committees, in those situations not otherwise covered in the bylaws.
SECTION 2. Section 73-9-1, Mississippi Code of 1972, is amended as follows:
73-9-1. Every person who desires to practice dentistry or dental hygiene in this state must obtain a license to do so as hereinafter provided or obtain a compact license privilege; but this section shall not apply to dentists or dental hygienists now holding permanent licenses to practice provided the same have been recorded as required by law.
SECTION 3. Section 73-9-3, Mississippi Code of 1972, is amended as follows:
73-9-3. (1) As used in this chapter, "dentistry" is defined as the evaluation, diagnosis, prevention and/or treatment (nonsurgical, surgical or related procedures) of diseases, disorders and/or conditions of the oral cavity, maxillofacial area and/or the adjacent and associated structures and their impact on the human body; provided by a dentist, within the scope of his or her education, training and experience, in accordance with the ethics of the profession and applicable law, provided that nothing in this section shall be so construed as to prevent:
(a) The practice of his or her profession by a regularly licensed and registered physician under the laws of this state unless he or she practices dentistry as a specialty; or
(b) The performance of mechanical work upon inanimate objects by persons working in dental offices under their supervision; or
(c) The operation of a dental laboratory and taking work by written work authorization from regularly licensed and registered dentists as provided for elsewhere in this chapter; or
(d) Dentists from outside the state from giving educational clinics or demonstrations before a dental society, convention or association; or
(e) Licensed dentists from outside the state from being called into Mississippi by licensed dentists of this state for consultative or operative purposes when the consultative or operative purposes have been authorized or approved by the Board of Dental Examiners for specified periods of time or as provided for by rules and regulations set forth by the board; or
(f) Applicants for a license to practice dentistry or dental hygiene in this state from working during an examination by and under the supervision and direction of the Board of Dental Examiners; or
(g) The practice of dentistry or of dental hygiene by students under the supervision of faculty in any dental school, college, or dental department of any school, college or university, or school of dental hygiene recognized by the board; or
(h) Dental or dental hygiene students enrolled in accredited dental or dental hygiene schools from participating in off-site training recognized and approved by the board, but those activities shall not be carried on for profit; or
(i) A regularly licensed and registered dentist from the delegation of procedures to a regularly licensed and registered dental hygienist or other competent dental auxiliary personnel while acting under the direct supervision and full responsibility of the dentist except as follows: Those procedures that require the professional judgment and skill of a dentist such as diagnosis, treatment planning, surgical procedures involving hard or soft tissues, or any intra-oral procedure of an irreversible nature that could result in injury to the patient. However, the dentist may delegate the removal of calcareous deposits only to a regularly licensed and registered dental hygienist as regulated by the State Board of Dental Examiners.
All dentists and dental hygienists serving as faculty, as provided for in paragraphs (g) and (h) of this section, shall be required to be licensed by the Mississippi State Board of Dental Examiners.
(2) As used in this chapter:
(a) "Compact license privilege" means the authorization to practice as a dentist or a dental hygienist in this state under the Interstate Dental and Dental Hygiene Licensure Compact provided for in Section 1 of this act.
(b) "Licensee" means a person who has been issued a license to practice as a dentist or dental hygienist in this state, or a person who holds a compact license privilege to practice as a dentist or dental hygienist in this state.
SECTION 4. Section 73-9-5, Mississippi Code of 1972, is amended as follows:
73-9-5. (1) For the purpose of this chapter, a dental hygienist shall be an individual who has completed an accredited dental hygiene education program, passed the national dental hygiene board and is licensed by the State Board of Dental Examiners or who holds a compact license privilege from the board to provide, as an auxiliary to the dentist, preventive care services including, but not limited to, scaling and polishing. In fulfilling these services, dental hygienists provide treatment that helps to prevent oral disease such as dental caries and periodontal disease and for educating patients in prevention of these and other dental problems.
(2) The work of dental hygienists and dental assistants while working in the office of a regularly licensed and registered dentist shall at all times be under the direct supervision of the dentist. Dental hygienists in the employ of the State Board of Health or public school boards shall be limited to only performing oral hygiene instruction and screening when under the general supervision and direction of regularly licensed and registered dentists. Dental hygienists recognized by the Board of Dental Examiners when making public demonstrations of dental hygiene for educational purposes shall be under the general supervision and direction of regularly licensed and registered dentists.
(3) The Board of Dental Examiners may prohibit any dental hygienist or other auxiliary personnel from rendering service that it feels is not in the best interest of the public welfare.
SECTION 5. Section 73-9-13, Mississippi Code of 1972, is amended as follows:
73-9-13. The State Board of Dental Examiners shall each year elect from their number a president, vice president and secretary-treasurer to serve for the coming year and until their successors are qualified. Only dentist members of the board may hold the offices of president and vice president. The board shall have a seal with appropriate wording to be kept at the offices of the board. The secretary and the executive director of the board shall be required to make bond in such sum and with such surety as the board may determine. It shall be the duty of the executive director to keep a complete record of the acts and proceedings of the board and to preserve all papers, documents and correspondence received by the board relating to its duties and office.
The board shall have the following powers and duties:
(a) To carry out the purposes and provisions of the state laws pertaining to dentistry and dental hygiene, and the practice thereof and matters related thereto, particularly Sections 73-9-1 through 73-9-117, together with all amendments and additions thereto.
(b) To regulate the practice of dentistry and dental hygiene and to promulgate reasonable regulations as are necessary or convenient for the protection of the public; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of dentists that conflicts with the prohibitions in Section 73-49-3.
(c) To make rules and regulations by which clinical facilities within institutions, schools, colleges, universities and other agencies may be recognized and approved for the practice of dentistry or of dental hygiene by unlicensed persons therein, as a precondition to their being excepted from the dental practice act and authorized in accordance with Section 73-9-3(g) and (h).
(d) To provide for the enforcement of and to enforce the laws of the State of Mississippi and the rules and regulations of the State Board of Dental Examiners.
(e) To compile at least once each calendar year and to maintain an adequate list of prospective dentist and dental hygienist appointees for approval by the Governor as provided for elsewhere by law.
(f) To issue licenses, compact license privileges and permits to applicants when found to be qualified.
(g) To provide for reregistration of all licenses, compact license privileges and permits duly issued by the board.
(h) To maintain an up-to-date list of all licensees and permit holders in the state, together with their addresses.
(i) To examine applicants for the practice of dentistry or dental hygiene at least annually.
(j) To issue licenses, compact license privileges or duplicates and reregistration/renewal certificates, and to collect and account for fees for same.
(k) To maintain an office adequately staffed insofar as funds are available for the purposes of carrying out the powers and duties of the board.
(l) To provide by appropriate rules and regulations, within the provisions of the state laws, for revoking or suspending licenses, compact license privileges and permits and a system of fines for lesser penalties.
(m) To prosecute, investigate or initiate prosecution for violations of the laws of the state pertaining to practice of dentistry or dental hygiene, or matters affecting the rights and duties, or related thereto.
(n) To provide by rules for the conduct of as much board business as practicable by mail, which, when so done, shall be and have the same force and effect as if done in a regular meeting duly organized.
(o) To adopt rules and regulations providing for the reasonable regulation of advertising by dentists and dental hygienists.
(p) To employ, in its discretion, a duly licensed attorney to represent the board in individual cases.
(q) To employ, in its discretion, technical and professional personnel to conduct dental office sedation site visits, administer and monitor state board examinations and carry out the powers and duties of the board.
(r) To adopt reasonable rules and regulations providing for dentist practice records retention under the following minimum standards:
(i) Dental records shall be retained by a dentist in the original, microfilmed, or similarly reproduced form for a minimum period of ten (10) years from the date a patient is last treated by a dentist.
(ii) Graphic matter, images, X-ray films, and like matter that were necessary to produce a diagnostic or therapeutic report shall be retained, preserved and properly stored by a dentist in the original microfilmed or similarly reproduced form for a minimum period of three (3) years from the date a patient is last treated by the dentist. Such graphic matter, images, X-ray film, and like matter shall be retained for a longer period when requested in writing by the patient.
(iii) Dental records in their original, microfilmed, or similarly reproduced form shall be provided upon request to a parent or guardian of an unemancipated minor under eighteen (18) without the permission of such unemancipated minor.
(s) To administer the compact license privilege in accordance with the Interstate Dental and Dental Hygiene Licensure Compact provided for in Section 1 of this act.
SECTION 6. Section 73-9-41, Mississippi Code of 1972, is amended as follows:
73-9-41. (1) No person shall practice, attempt to practice or offer to practice dentistry or dental hygiene within the state without first having been authorized and issued a license or compact license privilege by the board; nor shall any person practice, attempt to practice, or offer to practice dentistry or dental hygiene within the state during any period of suspension of his or her license or compact license privilege by the board or after revocation or being voided for failure to reregister by the board of any license or compact license privilege previously issued to the offending person.
(2) A person who has never been issued a license to practice dentistry or dental hygiene or compact license privilege or whose license or compact license privilege has been suspended, voided or revoked by action of the board, shall not perform any act that would constitute the practice of dentistry or dental hygiene as defined in Sections 73-9-3 and 73-9-5, including, but not limited to, the following:
(a) Making impressions or casts of the human mouth or teeth;
(b) Constructing or supplying dentures without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry; and
(c) Constructing or supplying dentures from impressions or casts without the work authorization or prescription of a person licensed under the laws of this state to practice dentistry.
(3) The fact that any person engages in or performs or offers to engage in or performs any of the practices, acts or operations set forth in Section 73-9-3 or Section 73-9-5 is prima facie evidence that the person is engaged in the practice of dentistry or dental hygiene.
(4) In addition to any other civil remedy or criminal penalty provided for by law, the executive director or the secretary of the board may issue a summons to appear before the board to any person or persons who the executive director or any member of the board has probable cause to believe has violated this section by practicing, attempting to practice, or offering to practice dentistry or dental hygiene without a current, valid license, compact license privilege or permit and any necessary witnesses. The summons issued by the board shall command each person to whom it is directed to attend and give testimony at a time and place specified in the summons. The summons shall be served upon the individual personally or by any type of mailing requiring a return receipt and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond to the board.
(5) In proceedings conducted pursuant to subsection (4) of this section, the board may levy for each and every violation a civil penalty upon any unlicensed person who after a hearing is found to have practiced dentistry or dental hygiene without the benefit of a current, valid license or compact license privilege having been issued by the board under the provisions of this chapter, as follows:
(a) For the first violation, a monetary penalty of not more than Five Hundred Dollars ($500.00).
(b) For the second violation, a monetary penalty of not more than One Thousand Dollars ($1,000.00).
(c) For the third and any subsequent violations, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).
(d) For any violation, the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided in subsection (4) of this section, including, but not limited to, the cost of process service, court reporters, expert witnesses and other witness expenses paid by the board, and investigators. Appeals from the board's decision may be taken as provided in Section 73-9-65. Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner upon the expiration of the period allowed for appealing those penalties or may be paid sooner if the illegal practitioner elects. Monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board.
(6) No person practicing dentistry or dental hygiene without a current valid license or compact license privilege shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under this section, any person who practices dentistry or dental hygiene without a license or compact license privilege shall return any fees collected for practicing dentistry or dental hygiene and shall be liable for any damages resulting from negligent conduct. The board or any patient shall have the right to enforce the obligation provided in this section.
SECTION 7. Section 73-9-43, Mississippi Code of 1972, is amended as follows:
73-9-43. (1) The secretary or executive director shall collect in advance all fees provided for in this chapter as established by the board, not to exceed:
Application for dental license ......................$ 600.00
Application for dental license through
credentials .......................................... 2,500.00
Application for dental specialty license ............ 400.00
Application for dental institutional,
teaching or provisional license ...................... 600.00
Application for dental hygiene license ............ 400.00
Application for dental hygiene license through
credentials .......................................... 750.00
Application for dental hygiene institutional,
teaching or provisional license ...................... 400.00
Application for general anesthesia permit ............ 400.00
Application for I.V. sedation permit ................. 400.00
Application for radiology permit ...................... 100.00
Dental license renewal ................................ 300.00
Dental specialty license renewal ...................... 200.00
Dental institutional, teaching or
provisional license renewal ........................... 300.00
Dental hygiene license renewal ...................... 150.00
Dental hygiene institutional, teaching or
provisional license renewal ........................... 150.00
General anesthesia permit renewal ...................... 200.00
I.V. sedation permit renewal ........................... 200.00
Radiology permit renewal ................................ 75.00
Penalty for delinquent renewal of dental licenses;
dental specialty licenses; and dental
institutional, teaching and provisional
licenses:
First month (plus renewal fee) ...................... 100.00
Second month (plus renewal fee) ...................... 150.00
Penalty for delinquent renewal of dental hygiene
licenses and dental hygiene institutional,
teaching and provisional licenses:
First month (plus renewal fee) ...................... 50.00
Second month (plus renewal fee) ...................... 75.00
Penalty for delinquent renewal of radiology permits:
First month (plus renewal fee) ...................... 45.00
Second month (plus renewal fee) ...................... 65.00
Penalty for nonnotification of change of address ....... 50.00
Penalty for duplicate renewal forms and
certification cards ..................................... 50.00
Duplicate or replacement license or permit ............ 40.00
Certification of licensure status ...................... 40.00
Certified copy of license or permit ................. 40.00
Handling fee for nonsufficient funds check ............ 50.00
Requests for database information ...................... 300.00
Radiology examinations administered in board's
office ............................................... 100.00
Dental and dental hygiene licensure examination
manuals ............................................... 50.00
Dental and dental hygiene licensure by
credentials packets ..................................... 50.00
Laws and/or regulations ................................ 50.00
Disciplinary action orders ........................... 25.00
Newsletters .......................................... 20.00
(2) The board may enact and enforce for delinquency in payment for any fees set out in this section a penalty in addition to the fee of an amount up to but not in excess of the fee. An additional fee of an amount equal to the first penalty may be assessed for each thirty (30) days, or part thereof, of delinquency. If any license or permit holder is delinquent in payment of renewal fees exceeding sixty (60) days from the initial renewal deadline as set by the board, the person shall be presumed to be no longer practicing, shall be stricken from the rolls and shall be deemed an illegal practitioner, subject to the penalties as enumerated in Section 73-9-41. In order to practice his or her profession in this state thereafter, the person may, at the discretion of the board, be considered as a new applicant and subject to examination and other licensing requirements as an original applicant.
(3) The secretary or executive director shall faithfully account for all monies received by the board. All fees and any other monies received by the board, except monetary penalties collected under Section 73-9-61, shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
(4) For conducting the initial and retake examinations of applicants for licensure the secretary shall receive no more than Nine Hundred Dollars ($900.00) per day for each examination, and no other member shall receive more than Seven Hundred Dollars ($700.00) per day for each examination. The receipt of that compensation shall not entitle members of the board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Any fees or income other than the maximum allowable for examining applicants for licensure as set out above shall be accounted for and may be used as needed in carrying out the provisions of this chapter.
(5) A portion of the fee charged for license renewal of dentists and dental hygienists may be used to support a program to aid impaired dentists and/or dental hygienists. The payment of per diem and expense for attending board meetings shall be in addition to the compensation permitted above for examining applicants for licensure, and the per diem shall not exceed the amount provided in Section 25-3-69.
(6) The duration of a compact license privilege and the application and renewal fees shall be as specified in rules issued by the Interstate Dental and Dental Hygiene Compact Licensure Commission created in Section 1 of this act.
SECTION 8. Section 73-9-61, Mississippi Code of 1972, is amended as follows:
73-9-61. (1) Upon satisfactory
proof, and in accordance with statutory provisions elsewhere set out for such
hearings and protecting the rights of the accused as well as the public, the
State Board of Dental Examiners may deny the issuance or renewal of a license or
compact license privilege or may revoke or suspend the license or
compact license privilege of any * * * dentist or dental hygienist practicing
in the State of Mississippi, or take any other action in relation to the
license or compact license privilege as the board may deem proper under
the circumstances, for any of the following reasons:
(a) Misrepresentation in obtaining a license or compact license privilege, or attempting to obtain, obtaining, attempting to renew or renewing a license, compact license privilege or professional credential by making any material misrepresentation, including the signing in his or her professional capacity any certificate that is known to be false at the time he or she makes or signs the certificate.
(b) Willful violation of any of the rules or regulations duly promulgated by the board, or of any of the rules or regulations duly promulgated by the appropriate dental licensure agency of another state or jurisdiction.
(c) Being impaired in the ability to practice dentistry or dental hygiene with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
(d) Administering, dispensing or prescribing any prescriptive medication or drug outside the course of legitimate professional dental practice.
(e) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(f) Practicing incompetently or negligently, regardless of whether there is actual harm to the patient.
(g) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of dentistry or dental hygiene, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(h) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a felony in any jurisdiction, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(i) Delegating professional responsibilities to a person who is not qualified by training, experience or licensure to perform them.
(j) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice dentistry or dental hygiene in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by the licensing authority that prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(k) Surrender of a license or authorization to practice dentistry or dental hygiene in another state or jurisdiction when the board has reasonable cause to believe that the surrender is made to avoid or in anticipation of a disciplinary action.
(l) Any unprofessional conduct to be determined by the board on a case-by-case basis, which shall include, but not be restricted to, the following:
(i) Committing any crime involving moral turpitude.
(ii) Practicing deceit or other fraud upon the public.
(iii) Practicing dentistry or dental hygiene under a false or assumed name.
(iv) Advertising that is false, deceptive or misleading.
(v) Announcing a specialized practice shall be considered advertising that tends to deceive or mislead the public unless the dentist announcing as a specialist conforms to other statutory provisions and the duly promulgated rules or regulations of the board pertaining to practice of dentistry in the State of Mississippi.
(m) Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.
(n) Committing any act which would constitute sexual misconduct upon a patient or upon ancillary staff. For purposes of this subsection, the term sexual misconduct means:
(i) Use of the licensee-patient relationship to engage or attempt to engage the patient in sexual activity; or
(ii) Conduct of a licensee that is intended to intimidate, coerce, influence or trick any person employed by or for the licensee in a dental practice or educational setting for the purpose of engaging in sexual activity or activity intended for the sexual gratification of the licensee.
(o) Violation of a lawful order of the board previously entered in a disciplinary or licensure hearing; failure to cooperate with any lawful request or investigation by the board; or failure to comply with a lawfully issued subpoena of the board.
(p) Willful, obstinate and continuing refusal to cooperate with the board in observing its rules and regulations in promptly paying all legal license or other fees required by law.
(q) Practicing dentistry or dental hygiene while the person's license or compact license privilege is suspended.
(r) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2025.
(2) In lieu of revocation of a license or compact license privilege as provided for above, the board may suspend the license or compact license privilege of the offending dentist or dental hygienist, suspend the sedation permit of the offending dentist, or take any other action in relation to his or her license or compact license privilege as the board may deem proper under the circumstances.
(3) When a license or compact license privilege to practice dentistry or dental hygiene is revoked or suspended by the board, the board may, in its discretion, stay the revocation or suspension and simultaneously place the licensee on probation upon the condition that the licensee shall not violate the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene and shall not violate the rules and regulations of the board and shall not violate any terms in relation to his or her license or compact license privilege as may be set by the board.
(4) In a proceeding conducted under this section by the board for the denial, revocation or suspension of a license or compact license privilege to practice dentistry or dental hygiene, the board shall have the power and authority for the grounds stated for that denial, revocation or suspension, and in addition thereto or in lieu of that denial, revocation or suspension may assess and levy upon any person who is licensed or holds a compact license privilege to practice dentistry or dental hygiene in the State of Mississippi, a monetary penalty, as follows:
(a) For the first
violation of any of * * *
paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of
subsection (1) of this section, a monetary penalty of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
(b) For the second
violation of any of * * *
paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of
subsection (1) of this section, a monetary penalty of not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
(c) For the third and
any subsequent violation of any of * * * paragraph (a), (b), (c),
(d), (f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a
monetary penalty of not less than Five Hundred Dollars ($500.00) and not more
than Five Thousand Dollars ($5,000.00).
(d) For any violation
of any of * * *
paragraphs (a) through (q) of subsection (1) of this section, those
reasonable costs that are expended by the board in the investigation and
conduct of a proceeding for licensure revocation or suspension, including, but
not limited to, the cost of process service, court reporters, expert witnesses
and investigators.
(5) The power and authority of the board to assess and levy monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(6) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
(7) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired. In the event of an appeal, the appeal shall act as a supersedeas.
(8) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of those penalties under this section or may be paid sooner if the licensee elects. With the exception of subsection (4)(d) of this section, monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected by the board under subsection (4)(d) of this section shall be deposited into the special fund operating account of the board.
(9) When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, and if the licensee is a nonresident of the State of Mississippi, the proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.
(10) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(11) All grounds for disciplinary action, including imposition of fines and assessment of costs as enumerated above, shall also apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.
SECTION 9. Section 73-9-63, Mississippi Code of 1972, is amended as follows:
73-9-63. A complaint may be filed with the secretary or executive director of the board, by any person charging a licensed dentist or dental hygienist or dentist or dental hygienist who holds a compact license privilege with the commission of any of the offenses enumerated in Section 73-9-61. The complaint shall be in writing and signed by the accuser, or accusers. If upon review of the complaint, the board determines that there is not substantial justification to believe that the accused dentist or dental hygienist has committed any of the offenses enumerated in the preceding section, it may dismiss the complaint. In the event of a dismissal, the person filing the complaint and the accused dentist or dental hygienist shall be given written notice of the board's determination. If the board determines there is reasonable cause to believe the accused has committed the offenses, and a hearing should be held to determine the validity of the complaint, the executive director of the board shall set a day for a hearing, and shall notify the accused that on the day fixed for hearing he or she may appear and show cause, if any, why his or her license or compact license privilege to practice dentistry or dental hygiene in the state should not be revoked or have other disciplinary action taken against it. The notice shall be served upon the dentist or dental hygienist either personally or by registered or certified mail with return receipt requested. The board may, by regulation, establish an investigative panel consisting of at least two (2) people, one (1) of whom shall be a board member, to review complaints to determine the existence of probable cause and whether the complaints should proceed to formal hearing.
Nothing in this section shall prevent the board from determining that it should investigate a licensee without a signed complaint provided that a prior determination is made that probable cause exists that a violation of this chapter may have occurred.
For the purpose of the hearings or investigation of complaints, the board is empowered to require the attendance of witnesses, reimburse witnesses for necessary expenses and mileage incurred, subpoena documents and records, employ and compensate expert witnesses, administer oaths, and hear testimony, either oral or documentary, for and against the accused. Hearings shall be conducted by a majority of the members of the board. A record of the hearing shall be made, which shall consist of all testimony received and all documents and other material introduced. If after the hearing the board is satisfied that the accused has been guilty of the offense charged in the accusation, it shall thereupon, without further notice, order such disciplinary action as it deems proper. All procedural due process requirements as enumerated above also shall apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.
SECTION 10. Section 73-9-65, Mississippi Code of 1972, is amended as follows:
73-9-65. No disciplinary action against a licensee shall be taken until the accused has been furnished a statement of the charges against him or her and a notice of the time and place of hearing thereof. The accused may be present at the hearing in person, by counsel, or both. The board may, for good cause shown, reinstate any license or compact license privilege revoked or suspended. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. The right to appeal any disciplinary actions of the board regarding the license or compact license privilege of any dentist or dental hygienist is granted. The appeal shall be to the chancery court of the county in which the dentist or dental hygienist resides, except where the dentist or dental hygienist does not reside in the State of Mississippi, in which case the appeal shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi. The appeal must be taken within thirty (30) days after notice of the action of the board. The appeal is perfected upon filing a notice of appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board regarding the license is affirmed by the chancery court the dentist or dental hygienist will pay the costs of the appeal and the action in the chancery court. Those bonds shall be approved by the president of the board. In lieu of the bond, the dentist or dental hygienist may deposit One Hundred Dollars ($100.00) with the clerk of the chancery court. If there is an appeal, the appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. No such person shall be allowed to practice dentistry or dental hygiene or deliver health care services in violation of any action of the chancery court while any such appeal to the Supreme Court is pending. All procedural appeal requirements as enumerated above also shall apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 11. This act shall take effect and be in force from and after July 1, 2025.