[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 787 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 787

 To prohibit discrimination by the States on the basis of nonresidency 
  in the licensing of dental health care professionals, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1995

 Mr. McNulty introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit discrimination by the States on the basis of nonresidency 
  in the licensing of dental health care professionals, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION AGAINST DISCRIMINATION BY STATES IN LICENSING OF 
              NONRESIDENT DENTAL HEALTH CARE PROFESSIONALS.

    (a) In General.--If a dental health care professional has been 
licensed by a State to provide dental health care, another State may 
not, in considering an application by the professional for a license to 
provide the dental services involved, discriminate against the 
professional on the basis that the professional is not a resident of 
the State or that the professional was first granted the license 
involved by another State.
    (b) Rule of Construction.--A State shall be considered to be in 
violation of subsection (a) if, with respect to licensing a 
professional who is already licensed by another State for purposes of 
subsection (a), the State imposes on such licensed professional 
requirements in addition to, or different from, the requirements 
imposed by the State in considering an application that--
            (1) is made by a resident of the State who holds the 
        relevant license; and
            (2) is made for the purpose of certification of the 
        competence of such resident to continue practicing in the 
        State, or for the purpose of renewing such license, or both.

SEC. 2. ENFORCEMENT.

    (a) Civil Cause of Action by Aggrieved Individual.--
            (1) In general.--Any dental health care professional who is 
        aggrieved as a result of a violation of section 1 by a State 
        may, in any court of competent jurisdiction, commence a civil 
        action against the State to obtain preventive relief, including 
        damages and injunctive relief. The court involved may, in the 
        discretion of the court, allow the prevailing party a 
        reasonable attorney's fee and costs.
            (2) Limitation on action.--A dental health care 
        professional may not commence proceedings under paragraph (1) 
        against a State for a violation of section 1 after the 
        expiration of the 5-year period beginning on the date on which 
        the State allegedly engaged in the violation.
    (b) Civil Cause of Action by Attorney General.--
            (1) In general.--If the Attorney General has reason to 
        believe that a State is engaged in a pattern or practice in 
        violation of section 1, the Attorney General may commence a 
        civil action in the appropriate district court of the United 
        States to obtain preventive relief, including damages and 
        injunctive relief.
            (2) Intervention in private civil actions.--With respect to 
        a civil action commenced under subsection (a)(1), the Attorney 
        General may, with the authorization of the court involved, 
        intervene in the action if the Attorney General certifies that 
        the case is of general public importance.
    (c) Abrogation of State Immunity.--With respect to the availability 
of relief in civil actions under this section that are brought in 
district courts of the United States, the immunity of the States under 
the eleventh amendment to the Constitution of the United States is 
hereby abrogated, pursuant to the power granted to the Congress by 
section 5 of the fourteenth amendment to the Constitution.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``dental health care professional'' includes 
        all general dentists, all dentists who are specialists, and all 
        dental hygienists, who are licensed by not less than 1 State, 
        without regard to whether such individuals hold appointments or 
        formerly held appointments in the Public Health Service or 
        whether such individuals are or were members of the Armed 
        Forces.
            (2) The term ``State'' means each of the several States, 
        the District of Columbia, and each of the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Trust 
        Territory of the Pacific Islands, and any other territory or 
        possession of the United States.

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