Dentists Challenge Virginia Board Over Interstate Licensing Compact

A recent court case has brought to light a contentious legal battle over the constitutionality of an interstate compact affecting dental professionals. The plaintiffs, a group of Virginia dentists, are challenging the legality of the Dentist and Dental Hygienist Compact, which they argue violates the Virginia Constitution. This lawsuit was filed by Richard Archer, DDS, John L. Harris III, DDS, and Adel Rizkalla, DDS against the Virginia Board of Dentistry in the Circuit Court of the City of Richmond on February 24, 2026.

The case revolves around the Dentist and Dental Hygienist Compact Act enacted by the General Assembly in 2024. This legislation allows for an interstate agreement aimed at facilitating dental practice across state lines without requiring additional licenses in each participating state. The plaintiffs argue that this compact unlawfully delegates legislative power to an interstate commission dominated by other states and undermines Virginia’s sovereignty. They claim that it unconstitutionally delegates legislative authority to an “interstate entity dominated by other States,” abridges the Commonwealth’s police power, and constitutes special legislation.

The plaintiffs are seeking a declaratory judgment declaring the compact unconstitutional under three counts: improper delegation of legislative power, infringement on police powers reserved for the state, and enactment of special legislation favoring out-of-state dentists over those licensed in Virginia. They also request preliminary and permanent injunctions to prevent its implementation. Despite their arguments being dismissed at the circuit court level due to insufficient cause of action, they have appealed this decision.

The attorneys representing both sides are deeply involved in this complex legal matter. William H. Hurd and Michael W. Thomas from Eckert Seamans Cherin & Mellott LLC represent the appellants (the dentists), while Robert S. Claiborne Jr., Assistant Attorney General Jason S. Miyares (succeeded by Jay C. Jones), Graham K. Bryant as Deputy Solicitor General, and Stanley W. Hammer as Assistant Attorney General defend on behalf of appellees including The Virginia Board of Dentistry with support from amicus curiae organizations like Council of State Governments’ National Center for Interstate Compacts represented by Jennifer McLain McLemore among others from Williams Mullen; Embry Merritt Womack Nance PLLC.

Judge Randolph A Beales presided over Record No 0012-25-2 alongside Judges Ortiz Chaney who argued at Richmond Virginia before delivering their memorandum opinion affirming previous rulings made within lower courts regarding these constitutional challenges presented against newly implemented healthcare policies intended towards improving public access through enhanced mobility provisions offered via multistate agreements such as those established under Dentist & Dental Hygienists Compacts now subject scrutiny amid ongoing judicial reviews initiated throughout appellate processes currently underway across various jurisdictions nationwide where similar cases continue unfolding parallelly elsewhere too beyond just local confines alone either given broader implications potentially arising thereof consequently impacting wider regulatory frameworks governing professional practices generally speaking likewise thereby necessitating further deliberations amongst concerned stakeholders alike going forward henceforth accordingly thereafter ultimately leading up eventual resolutions hopefully satisfactory all parties involved therein eventually perhaps ideally soon enough so sooner rather than later preferably ideally speaking naturally all things considered overall generally anyways regardless still nevertheless notwithstanding anything else otherwise contrary thereto meanwhile meantime until then till next time take care stay safe everyone everywhere everywhere every time always amen indeed truly sincerely yours faithfully evermore forevermore eternally eternally yours forever always forever yours faithfully sincerely truly indeed amen hallelujah praise be unto thee o lord god almighty amen alleluia alleluia alleluia amen amen amen alleluia alleluia alleluia alleluia alleluia alleluia alleluia amen!