Virginia court dismisses challenge to Dentist and Dental Hygienist Compact

A court in Richmond, Virginia, dismissed a lawsuit Dec. 5 challenging the state’s participation in the Dentist and Dental Hygienist Compact.

In March, Virginia became the fifth state to join the Dentist and Dental Hygienist Compact, an interstate licensure agreement that works to support license portability by allowing dental professionals to practice in all states participating in the compact instead of obtaining an individual license in every state they want to practice. Richmond City Circuit Judge Jacqueline McClenney previously denied a request that she suspend Virginia’s participation in the compact while she considered the lawsuit.

The lawsuit was brought June 11 by Richard Archer, D.D.S., senior associate dean of clinical affairs at Virginia Commonwealth School of Dentistry, and John Harris, D.D.S., former member of the Virginia Board of Dentistry. It alleged that the Dentist and Dental Hygienist Compact represented impermissible special legislation and violated Virginia’s nonabridgement and nondelegation clause, inappropriately giving state power to a non-state entity. 

It also alleged that Virginia dentists would suffer harm by allowing dentists from states with different licensing requirements to practice in the state. 

The court found that although the plaintiffs established standing, the complaint failed to state a cause of action.

“Plaintiffs’ complaint fails to allege any facts that show that the rationale for compact privilege is arbitrary or lacks a reasonable and substantial relation to the objective of the compact,” reads the ruling. “Therefore, plaintiffs have failed to allege facts to show that the compact is unconstitutional special legislation.”

The Dentist and Dental Hygienist Compact currently includes 10 member states: Colorado, Iowa, Kansas, Maine, Minnesota, Ohio, Tennessee, Virginia, Washington and Wisconsin. The Compact Commission held its initial meeting in August, which marked the first time the states that enacted the compact gathered to organize and discuss the commission.

The next commission meeting is slated for January 2025.

For more information about the compact, visit DDHCompact.org.