(a) 
As a matter of Tribal Law, the Tribe’s Dental Health Aides and Dentists who have applied for a Tribal License and/or were issued a Tribal License in accordance with this Code shall be subject to and fully comply with all applicable law governing the Tribal License, including but not limited to the Swinomish Indian Tribal Community Dental Health Provider Licensing and Standards Code, Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code, and abide by all decisions of the Swinomish Indian Tribal Community’s Division of Licensing and Dental Health Provider Licensing Board, the Swinomish Tribal Court, and the Swinomish Tribal Court of Appeals.
(b) 
As a matter of Tribal law, the Tribe formally recognizes and agrees to be bound by all procedural requirements imposed on Tribal Dental Health Providers and applicants for a Tribal License by the Swinomish Indian Tribal Community’s Division of Licensing and Dental Health Provider Licensing Board under applicable law of the Swinomish Indian Tribal Community, including but not limited to the Swinomish Indian Tribal Community Dental Health Provider Licensing and Standards Code, Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code.
(c) 
As a matter of Tribal law, the Tribe formally recognizes and agrees to abide by and implement all decisions related to applications for a Tribal License and Tribal Licenses issued to Tribal Dental Health Aides and Tribal Dentists by the Swinomish Indian Tribal Community’s Division of Licensing and Dental Health Provider Licensing Board, the Swinomish Tribal Court, and the Swinomish Tribal Court of Appeals, in accordance with applicable law of the Swinomish Indian Tribal Community, including but not limited to the Swinomish Indian Tribal Community Dental Health Provider Licensing and Standards Code, Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code. This includes, without limitation, the following:
(1) 
Denial of an application for a Tribal License;
(2) 
Issuance of a Tribal License, including a provisional restricted license;
(3) 
Scope of practice, supervision, training, education, and competency requirements;
(4) 
Investigations;
(5) 
All disciplinary determinations, including but not limited to permanent revocation of a Tribal License, suspension of a Tribal License, public or private censure, public or private letter of reprimand, probationary status, surrender of a Tribal License, and other such sanctions.
(d) 
The Tribe may, separate from and in addition to the disciplinary sanctions outlined in Sections 23.04.12 (c)(5) of this Code, impose a disciplinary sanction on any person holding a Tribal License under this Code if the Tribe itself finds that the person has violated any of the conditions applicable to Dental Health Aides set out in CHAPCB 4.10.010, or has committed an act that under Tribal law or policy would merit disciplinary action and/or disqualify the person from receiving a Tribal License under this Code.
(Res. 18-A-012, 1/22/2018)
Whenever a person has a reasonable basis to believe that a Tribal Dental Health Provider licensed under this Code has committed an action that would, if substantiated, constitute ground for discipline under Tribal law or policy, or under the Swinomish Indian Tribal Community’s Dental Health Provider Licensing and Standards Code, that person may file a written report with the Tribe’s Health Services Director stating the facts of the alleged action or inaction and the basis for believing them to be true. The Tribe’s Health Services Director shall thereafter coordinate with the Swinomish Indian Tribal Community Division of Licensing, as applicable.
(Res. 18-A-012, 1/22/2018)
In order for the Swinomish Indian Tribal Community’s Division of Licensing, Dental Health Provider Licensure Board to license the Tribe’s Dental Health Aides and Dentists, the Tribe shall put in place a Memorandum of Agreement with the Swinomish Indian Tribal Community that provides for the following, at a minimum:
(a) 
That the individual licensed or to be licensed as a Tribal Dental Health Provider is subject to the following in connection with such licensure:
(1) 
The authority of the Swinomish Indian Tribal Community, including but not limited to the Division of Licensing, Dental Health Provider Licensing Board, the Swinomish Tribal Court and the Swinomish Tribal Court of Appeals, and
(2) 
All applicable Swinomish Tribal law, in addition to Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code, and
(3) 
The enforcement of such law by the Swinomish Indian Tribal Community in accordance with Subchapters V and VI of Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code, including without limitation the authority of the Swinomish Tribal Court and Swinomish Tribal Court of Appeals.
(b) 
To be bound by Title 15, Chapter 11 of the Swinomish Indian Tribal Community Code, including without limitation the Swinomish Indian Tribal Community’s continuing responsibility for oversight of the Tribal Dental Health Provider’s licensure.
(c) 
To comply with Washington State Substitute Senate Bill 5079 (effective July 23, 2017).
(d) 
That the Tribe has tribal law in place—see Section 23.04.06 (c) of this Code—prohibiting any person from providing services as a Dental Health Aide on the Tribe’s reservation without a valid Tribal License, and that any such providers with such a valid license shall maintain the license in good standing.
(e) 
That the Tribe and any of its employees applying to be licensed or who are licensed as a Tribal Dental Health Provider will abide by all decisions of the Swinomish Indian Tribal Community in connection with such a license, including without limitation the decisions made by the Dental Health Provider Licensing Board, the Division of Licensing, the Swinomish Tribal Court and the Swinomish Tribal Court of Appeals, in accordance with Title 15, Chapter 11 of the Swinomish Indian Tribal Community Tribal Code.
(f) 
That the Tribe will pay all fees or charges assessed or incurred by the Swinomish Indian Tribal Community for the filing, investigation, consideration, and determination of an application for licensure filed by an individual who is or will be an employee of the Tribe.
(g) 
That any Dental Health Aide applying for a Tribal License or who was issued a Tribal License as required by this Code, is an employee within the Tribe’s comprehensive dental program and will provide only certain dental services in accordance with his or her Tribal License and applicable State law, and will be supervised by a Dentist who either has a Tribal License under this Code or is otherwise shown to be qualified by training or experience to supervise a Dental Health Aide, and that the Dentist will provide the other, higher levels of dental care to the Tribe’s patients.
(h) 
That the Tribe will determine and certify to the Swinomish Indian Tribal Community whether the individual meets the Tribe’s required standard of cultural competence in order to practice in the Tribe’s dental health program.
(Res. 18-A-012, 1/22/2018)