HB 1847, sponsored by Rep John Hewkin, creates the "Dentist and Dental Hygienist Compact." The bill passed the Missouri house 138 to 10.

Dentists and dental hygienists licensed in a state that participate in the Interstate Compact can practice in other participating states without additional requirements. The bill also enhances the ability of participating states to protect the public health and safety and cooperate in regulating the practice of dentistry and dental hygiene.

This bill enables dentists to practice dentistry across state lines. That seems like a reasonable goal.  However, the path to achieve this goal requires Missouri to join an interstate compact. This is an independent entity whose commission creates binding rules (laws) that member states are legally required to follow.

HB 1847 establishes the "Dentist and Dental Hygienist Compact Commission", composed of one commissioner from each participating state, to administer and enforce the Compact. The Commission will have the power to adopt rules and bylaws, maintain a data system, charge fees, conduct investigations, take disciplinary actions, issue subpoenas, and initiate legal proceedings. The bill also outlines the procedures and standards for the Commission's meetings, financial review, executive board, and annual report. (Bill Summary)

Compacts are allowed under the U.S. Constitution. The Compact Clause allows states to form agreements, provided they do not violate federal authority. The U.S. Supreme Court has indicated that compacts, once approved, are binding, which can sometimes restrict a state's future policy options. This essentially hands over law making to a third party entity.

HB 1847 is a threat to our liberty and lacks accountability.  It is not just “dental licensing reform.” It locks Missouri into this interstate governance system where an unelected commission can issue rules with legal force in Missouri (§332.740.2).  The compact will operate outside the direct oversight of elected Missouri officials, creating an "unrepresentative" governing body whose rules essentially become legally binding law for Missouri citizens. This is a threat to our liberty with no recourse to fix bad or unfair rules. The compact commission operates with no required transparency to the member states.

The Missouri House rushed this bill through in under ten minutes of floor time.  Rep Durnell asked for details about the compact and rules.  The bill handler admitted he had not read the model compact and could not identify the rules Missouri would be bound to follow.  Floor debate was ended by Rep Alex Riley with a PQ motion. Rep Riley is Number 2 in charge of the Missouri House of Representatives.

On February 12, 138 Missouri State Reps voted yes without a clear knowledge of the consequences of this bill.  10 voted no. The Missouri State Reps voting no are: Christensen, Durnell, Elliott, Hardwick, Jones 88, Jordan, Simmons, Titus, Whaley and Wolfin.

HB 1847 has been sent to the Missouri Senate for consideration. Please call your state senator and request a vigorous debate on HB 1847. Once we get into a multi-state compact, it seems to be nearly impossible to get out.  Prior attempts by states to get removed from other compacts were met with lawsuits and the states wanting to leave lost and then were legally bound to stay. 

There are alternative ways to achieve reciprocity from state to state including simple agreements. Reciprocity agreements are common and happen with issues such as teaching certificates and conceal carry.  The Missouri Senate needs to look at other options and find the answers to Rep Durnell's questions from February 12. 

Your individual liberty and our state sovereignty are at risk.

For more information on bills and contact information for your state legislators, visit house.mo.gov and senate.mo.gov