This memo was drafted to describe critical issues that have been identified in the AADB Dental and Dental Hygiene Compact as proposed by the American Association of Dental Boards (hereinafter, the “AADB Compact”). This Compact is styled as proposed legislation and was reviewed in light of the legal principles governing the creation and operation of interstate compacts and their commissions, and the standards historically applied during judicial review of interstate compact statutes.
This review revealed significant legal concerns, ranging from state constitutionality concerns to possible violations of federal antitrust laws. Moreover, the language, style, and overall drafting of the compact fails to enact many best practices in compact drafting that have been identified over the years, yielding a structure that will likely have significant administrative challenges even if adopted.
In short, this Compact, if enacted in its current state, would be materially insufficient to establish an effective interstate compact commission, and it would almost certainly give rise to potentially fatal legal challenges.
It is imperative to ensure that a compact is legally and mechanically sound before it is circulated to potential member states. The AADB Compact simply does not meet this standard.
Download the entire memo below.