Alabama 2024 Regular Session

Alabama Senate Bill SB207 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB207ENROLLED~~
	1	+	SB207INTRODUCED
2	2		Page 0
3	3		SB207
4		-	YCQ8626-2
	4	+	YCQ8626-1
5	5		By Senators Hatcher, Jones, Smitherman, Butler, Allen, Givhan,
6	6		Melson, Sessions, Carnley, Bell, Kelley, Shelnutt, Kitchens,
7	7		Stutts, Elliott, Roberts, Waggoner, Orr, Stewart, Coleman,
8	8		Coleman-Madison, Beasley
9	9		RFD: Veterans and Military Affairs
10	10		First Read: 06-Mar-24
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18		-	8 ~~SB207 Enrolled~~
	18	+	8 YCQ8626-1 02/23/2024 MAP (L)ma 2024-336
19	19		Page 1
20	20		First Read: 06-Mar-24
21		-	Enrolled, An Act,
	21	+	SYNOPSIS:
	22	+	This bill would allow the Alabama Board of
	23	+	Examiners for Dietetics/Nutrition Practice to enter
	24	+	into the Dietitian Licensure Compact as a means of
	25	+	providing uniformity in licensing requirements and
	26	+	interstate practice throughout party states.
	27	+	A BILL
	28	+	TO BE ENTITLED
	29	+	AN ACT
22	30		Relating to the Alabama Board of Examiners for
23	31		Dietetics/Nutrition Practice; to enter into the Dietician
24	32		Licensure Compact by adopting Chapter 34B of Title 34, Code of
25	33		Alabama 1975.
26	34		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27	35		Section 1. Chapter 34B, commencing with Section
28	36		34-34B-1, is added to Title 34, Code of Alabama 1975, to read
29	37		as follows:
30	38		CHAPTER 34B. DIETITIAN LICENSURE COMPACT
31	39		§34-34B-1. Purpose.
32	40		(a) The purpose of this compact is to facilitate
33	41		interstate practice of dietetics with the goal of improving
34	42		public access to dietetics services. This compact preserves
35		-	the regulatory authority of states to protect public health
36		-	and safety through the current system of state licensure,
37		-	while also providing for licensure portability through a
38		-	compact privilege granted to qualifying professionals.
39		-	(b) This compact is designed to achieve the following
40		-	objectives:
41		-	(1) Increase public access to dietetics services.
42		-	(2) Provide opportunities for interstate practice by
43		-	licensed dietitians who meet uniform requirements.
44		-	(3) Eliminate the necessity for licenses in multiple
45		-	states.
46		-	(4) Reduce the administrative burden on member states
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74		-	28 SB207 ~~Enrolled~~
	70	+	28 SB207 INTRODUCED
75	71		Page 2
	72	+	public access to dietetics services. This compact preserves
	73	+	the regulatory authority of states to protect public health
	74	+	and safety through the current system of state licensure,
	75	+	while also providing for licensure portability through a
	76	+	compact privilege granted to qualifying professionals.
	77	+	(b) This compact is designed to achieve the following
	78	+	objectives:
	79	+	(1) Increase public access to dietetics services.
	80	+	(2) Provide opportunities for interstate practice by
	81	+	licensed dietitians who meet uniform requirements.
	82	+	(3) Eliminate the necessity for licenses in multiple
	83	+	states.
76	84		(4) Reduce the administrative burden on member states
77	85		and licensees.
78	86		(5) Enhance the states' ability to protect the public's
79	87		health and safety.
80	88		(6) Encourage the cooperation of member states in
81	89		regulating multistate practice of licensed dietitians.
82	90		(7) Support relocating active military members and
83	91		their spouses.
84	92		(8) Enhance the exchange of licensure, investigative,
85	93		and disciplinary information among member states.
86	94		(9) Vest all member states with the authority to hold a
87	95		licensed dietitian accountable for meeting all state practice
88	96		laws in the state in which the patient is located at the time
89	97		care is rendered.
90	98		§34-34B-2. Definitions.
91	99		As used in this compact, the following terms have the
92	100		following meanings:
93		-	(1) ACEND. The Accreditation Council for Education in
94		-	Nutrition and Dietetics or its successor organization.
95		-	(2) ACTIVE MILITARY MEMBER. Any individual with
96		-	full-time duty status in the active armed forces of the United
97		-	States, including members of the National Guard and Reserve.
98		-	(3) ADVERSE ACTION. Any administrative, civil,
99		-	equitable, or criminal action permitted by a state's laws
100		-	which is imposed by a licensing authority or other authority
101		-	against a licensee, including actions against an individual's
102		-	license or compact privilege such as revocation, suspension,
103		-	probation, monitoring of the licensee, limitation on the
104		-	licensee's practice, or any other encumbrance on a licensure
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132		-	56 SB207 ~~Enrolled~~
	128	+	56 SB207 INTRODUCED
133	129		Page 3
	130	+	following meanings:
	131	+	(1) ACEND. The Accreditation Council for Education in
	132	+	Nutrition and Dietetics or its successor organization.
	133	+	(2) ACTIVE MILITARY MEMBER. Any individual with
	134	+	full-time duty status in the active armed forces of the United
	135	+	States, including members of the National Guard and Reserve.
	136	+	(3) ADVERSE ACTION. Any administrative, civil,
	137	+	equitable, or criminal action permitted by a state's laws
	138	+	which is imposed by a licensing authority or other authority
	139	+	against a licensee, including actions against an individual's
	140	+	license or compact privilege such as revocation, suspension,
	141	+	probation, monitoring of the licensee, limitation on the
134	142		licensee's practice, or any other encumbrance on a licensure
135	143		affecting a licensee's authorization to practice, including
136	144		issuance of a cease and desist action.
137	145		(4) ALTERNATIVE PROGRAM. A nondisciplinary monitoring
138	146		or practice remediation process approved by a licensing
139	147		authority.
140	148		(5) CDR. The Commission on Dietetic Registration or its
141	149		successor organization.
142	150		(6) CHARTER MEMBER STATE. Any member state which
143	151		enacted this compact by law before the effective date
144	152		specified in Section 34-34B-12.
145	153		(7) COMPACT COMMISSION. The governmental agency whose
146	154		membership consists of all states that have enacted this
147	155		compact, which is known as the Dietitian Licensure Compact
148	156		Commission, as described in Section 34-34B-8, and which shall
149	157		operate as an instrumentality of the member states.
150	158		(8) COMPACT PRIVILEGE. A legal authorization, which is
151		-	equivalent to a license, permitting the practice of dietetics
152		-	in a remote state.
153		-	(9) CONTINUING EDUCATION. A requirement, as a condition
154		-	of license renewal, to provide evidence of participation in,
155		-	and completion of, educational and professional activities
156		-	relevant to practice or area of work.
157		-	(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
158		-	a. Investigative information that a licensing
159		-	authority, after a preliminary inquiry that includes
160		-	notification and an opportunity for the subject licensee to
161		-	respond, if required by state law, has reason to believe is
162		-	not groundless and, if proved true, would indicate more than a
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190		-	84 SB207 ~~Enrolled~~
	186	+	84 SB207 INTRODUCED
191	187		Page 4
	188	+	(8) COMPACT PRIVILEGE. A legal authorization, which is
	189	+	equivalent to a license, permitting the practice of dietetics
	190	+	in a remote state.
	191	+	(9) CONTINUING EDUCATION. A requirement, as a condition
	192	+	of license renewal, to provide evidence of participation in,
	193	+	and completion of, educational and professional activities
	194	+	relevant to practice or area of work.
	195	+	(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
	196	+	a. Investigative information that a licensing
	197	+	authority, after a preliminary inquiry that includes
	198	+	notification and an opportunity for the subject licensee to
	199	+	respond, if required by state law, has reason to believe is
192	200		not groundless and, if proved true, would indicate more than a
193	201		minor infraction.
194	202		b. Investigative information that indicates that the
195	203		subject licensee represents an immediate threat to public
196	204		health and safety regardless of whether he or she has been
197	205		notified and had an opportunity to respond.
198	206		(11) DATA SYSTEM. A repository of information about
199	207		licensees, including, but not limited to, continuing
200	208		education, examination, licensure, investigative, compact
201	209		privilege, and adverse action information.
202	210		(12) ENCUMBERED LICENSE. A license in which an adverse
203	211		action restricts a licensee's ability to practice dietetics.
204	212		(13) ENCUMBRANCE. A revocation or suspension of, or any
205	213		limitation on a licensee's full and unrestricted practice of
206	214		dietetics by a licensing authority.
207	215		(14) EXECUTIVE COMMITTEE. A group of delegates elected
208	216		or appointed to act on behalf of, and within the powers
209		-	granted to them by, this compact and the compact commission.
210		-	(15) HOME STATE. The member state that is the
211		-	licensee's primary state of residence or that has been
212		-	designated pursuant to Section 34-34B-6.
213		-	(16) INVESTIGATIVE INFORMATION. Information, records,
214		-	and documents received or generated by a licensing authority
215		-	pursuant to an investigation.
216		-	(17) JURISPRUDENCE REQUIREMENT. An assessment of an
217		-	individual's knowledge of the state laws and rules governing
218		-	the practice of dietetics in such state.
219		-	(18) LICENSE. An authorization from a member state to
220		-	do one of the following:
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248		-	112 SB207 ~~Enrolled~~
	244	+	112 SB207 INTRODUCED
249	245		Page 5
	246	+	or appointed to act on behalf of, and within the powers
	247	+	granted to them by, this compact and the compact commission.
	248	+	(15) HOME STATE. The member state that is the
	249	+	licensee's primary state of residence or that has been
	250	+	designated pursuant to Section 34-34B-6.
	251	+	(16) INVESTIGATIVE INFORMATION. Information, records,
	252	+	and documents received or generated by a licensing authority
	253	+	pursuant to an investigation.
	254	+	(17) JURISPRUDENCE REQUIREMENT. An assessment of an
	255	+	individual's knowledge of the state laws and rules governing
	256	+	the practice of dietetics in such state.
	257	+	(18) LICENSE. An authorization from a member state to
250	258		do one of the following:
251	259		a. Engage in the practice of dietetics, including
252	260		medical nutrition therapy.
253	261		b. Use the title "dietitian," "licensed dietitian,"
254	262		"licensed dietitian nutritionist," "certified dietitian," or
255	263		other title describing a substantially similar practitioner as
256	264		the compact commission may further define by rule.
257	265		(19) LICENSEE or LICENSED DIETITIAN. An individual who
258	266		currently holds a license and who meets all of the
259	267		requirements outlined in Section 34-34B-4.
260	268		(20) LICENSING AUTHORITY. The board or agency of a
261	269		state, or equivalent, that is responsible for the licensing
262	270		and regulation of the practice of dietetics.
263	271		(21) MEMBER STATE. A state that has enacted the
264	272		compact.
265	273		(22) PRACTICE OF DIETETICS. The synthesis and
266	274		application of dietetics, primarily for the provision of
267		-	nutrition care services, including medical nutrition therapy,
268		-	in person or via telehealth, to prevent, manage, or treat
269		-	diseases or medical conditions and promote wellness.
270		-	(23) REGISTERED DIETITIAN. A person who meets all of
271		-	the following requirements:
272		-	a. Has completed applicable education, experience,
273		-	examination, and recertification requirements approved by CDR.
274		-	b. Is credentialed by CDR as a registered dietitian or
275		-	a registered dietitian nutritionist.
276		-	c. Is legally authorized to use the title registered
277		-	dietitian or registered dietitian nutritionist and the
278		-	corresponding abbreviations "RD" or "RDN."
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306		-	140 SB207 ~~Enrolled~~
	302	+	140 SB207 INTRODUCED
307	303		Page 6
	304	+	application of dietetics, primarily for the provision of
	305	+	nutrition care services, including medical nutrition therapy,
	306	+	in person or via telehealth, to prevent, manage, or treat
	307	+	diseases or medical conditions and promote wellness.
	308	+	(23) REGISTERED DIETITIAN. A person who meets all of
	309	+	the following requirements:
	310	+	a. Has completed applicable education, experience,
	311	+	examination, and recertification requirements approved by CDR.
	312	+	b. Is credentialed by CDR as a registered dietitian or
	313	+	a registered dietitian nutritionist.
	314	+	c. Is legally authorized to use the title registered
	315	+	dietitian or registered dietitian nutritionist and the
308	316		corresponding abbreviations "RD" or "RDN."
309	317		(24) REMOTE STATE. A member state other than the home
310	318		state, where a licensee is exercising or seeking to exercise a
311	319		compact privilege.
312	320		(25) RULE. A regulation adopted by the compact
313	321		commission that has the force of law.
314	322		(26) SINGLE-STATE LICENSE. A license issued by a member
315	323		state within the issuing state. The term does not include a
316	324		compact privilege in any other member state.
317	325		(27) STATE. Any state, commonwealth, district, or
318	326		territory of the United States of America.
319	327		(28) UNENCUMBERED LICENSE. A license that authorizes a
320	328		licensee to engage in the full and unrestricted practice of
321	329		dietetics.
322	330		§34-34B-3. State Participation in the Compact.
323	331		(a) To participate in the compact, a state must
324	332		currently license and regulate the practice of dietetics and
325		-	have a mechanism in place for receiving and investigating
326		-	complaints about licensees.
327		-	(b) A member state shall do all of the following:
328		-	(1) Participate fully in the compact commission's data
329		-	system, including using the unique identifier as defined in
330		-	rules.
331		-	(2) Notify the compact commission, in compliance with
332		-	the terms of the compact and rules, of any adverse action or
333		-	the availability of current significant investigative
334		-	information regarding a licensee.
335		-	(3) Implement or utilize procedures for considering the
336		-	criminal history record information of applicants for an
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364		-	168 SB207 ~~Enrolled~~
	360	+	168 SB207 INTRODUCED
365	361		Page 7
	362	+	currently license and regulate the practice of dietetics and
	363	+	have a mechanism in place for receiving and investigating
	364	+	complaints about licensees.
	365	+	(b) A member state shall do all of the following:
	366	+	(1) Participate fully in the compact commission's data
	367	+	system, including using the unique identifier as defined in
	368	+	rules.
	369	+	(2) Notify the compact commission, in compliance with
	370	+	the terms of the compact and rules, of any adverse action or
	371	+	the availability of current significant investigative
	372	+	information regarding a licensee.
	373	+	(3) Implement or utilize procedures for considering the
366	374		criminal history record information of applicants for an
367	375		initial compact privilege. These procedures shall include the
368	376		submission of fingerprints or other biometric-based
369	377		information by applicants for the purpose of obtaining an
370	378		applicant's criminal history record information from the
371	379		Federal Bureau of Investigation and the agency responsible for
372	380		retaining that state's criminal records.
373	381		a. A member state must fully implement a criminal
374	382		history record information requirement, within a timeframe
375	383		established by rule, which includes receiving the results of
376	384		the Federal Bureau of Investigation record search and shall
377	385		use those results in determining compact privilege
378	386		eligibility.
379	387		b. Communication between a member state and the compact
380	388		commission or among member states regarding the verification
381	389		of eligibility for a compact privilege shall not include any
382	390		information received from the Federal Bureau of Investigation
383		-	relating to a federal criminal history record information
384		-	check performed by a member state.
385		-	(4) Comply with and enforce the rules of the compact
386		-	commission.
387		-	(5) Require an applicant for a compact privilege to
388		-	obtain or retain a license in the licensee's home state and
389		-	meet the home state's qualifications for licensure or renewal
390		-	of licensure, as well as all other applicable state laws.
391		-	(6) Recognize a compact privilege granted to a licensee
392		-	who meets all of the requirements outlined in Section 34-34B-4
393		-	in accordance with the terms of the compact and rules.
394		-	(c) Member states may set and collect a fee for
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422		-	196 SB207 ~~Enrolled~~
	418	+	196 SB207 INTRODUCED
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	420	+	information received from the Federal Bureau of Investigation
	421	+	relating to a federal criminal history record information
	422	+	check performed by a member state.
	423	+	(4) Comply with and enforce the rules of the compact
	424	+	commission.
	425	+	(5) Require an applicant for a compact privilege to
	426	+	obtain or retain a license in the licensee's home state and
	427	+	meet the home state's qualifications for licensure or renewal
	428	+	of licensure, as well as all other applicable state laws.
	429	+	(6) Recognize a compact privilege granted to a licensee
	430	+	who meets all of the requirements outlined in Section 34-34B-4
	431	+	in accordance with the terms of the compact and rules.
424	432		(c) Member states may set and collect a fee for
425	433		granting a compact privilege.
426	434		(d) Individuals not residing in a member state shall
427	435		continue to be able to apply for a member state's single state
428	436		license as provided under the laws of each member state.
429	437		However, the single state license granted to these individuals
430	438		shall not be recognized as granting a compact privilege to
431	439		engage in the practice of dietetics in any other member state.
432	440		(e) Nothing in this compact shall affect the
433	441		requirements established by a member state for the issuance of
434	442		a single state license.
435	443		(f) At no point shall the compact commission have the
436	444		power to define the requirements for the issuance of a single
437	445		state license to practice dietetics. The member states shall
438	446		retain sole jurisdiction over the provision of these
439	447		requirements.
440	448		§34-34B-4. Compact Privilege.
441		-	(a) To exercise the compact privilege under the terms
442		-	and provisions of the compact, the licensee shall do all of
443		-	the following:
444		-	(1) The licensee must do one of the following:
445		-	a. Hold a valid current registration that gives the
446		-	applicant the right to use the term "registered dietitian."
447		-	b. Complete all of the following:
448		-	1. An education program which is either:
449		-	(i) A master's degree or doctoral degree that is
450		-	programatically accredited by ACEND or any other dietetics
451		-	accrediting agency recognized by the United States Department
452		-	of Education, which the compact commission may determine by
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480		-	224 SB207 ~~Enrolled~~
	476	+	224 SB207 INTRODUCED
481	477		Page 9
	478	+	§34-34B-4. Compact Privilege.
	479	+	(a) To exercise the compact privilege under the terms
	480	+	and provisions of the compact, the licensee shall do all of
	481	+	the following:
	482	+	(1) The licensee must do one of the following:
	483	+	a. Hold a valid current registration that gives the
	484	+	applicant the right to use the term "registered dietitian."
	485	+	b. Complete all of the following:
	486	+	1. An education program which is either:
	487	+	(i) A master's degree or doctoral degree that is
	488	+	programatically accredited by ACEND or any other dietetics
	489	+	accrediting agency recognized by the United States Department
482	490		of Education, which the compact commission may determine by
483	491		rule, and from a college or university accredited at the time
484	492		of graduation by the appropriate regional accrediting agency
485	493		recognized by the Council on Higher Education Accreditation
486	494		and the United States Department of Education.
487	495		(ii) An academic degree from a college or university in
488	496		a foreign country equivalent to the degree described in Item
489	497		(i) that is programmatically accredited by ACEND or any other
490	498		dietetics accrediting agency recognized by the United States
491	499		Department of Education, which the compact commission may
492	500		determine by rule.
493	501		2. A planned, documented, and supervised practice
494	502		experience in dietetics that is programmatically accredited by
495	503		ACEND or any other dietetics accrediting agency recognized by
496	504		the United States Department of Education which the compact
497	505		commission may determine by rule and which involves at least
498	506		1000 hours of practice experience under the supervision of a
499		-	registered dietitian or a licensed dietitian.
500		-	3. Successful completion of either the Registration
501		-	Examination for Dietitians administered by CDR or a national
502		-	credentialing examination for dietitians approved by the
503		-	compact commission by rule; provided, the completion must be
504		-	no more than five years prior to the date of the licensee's
505		-	application for initial licensure and accompanied by a period
506		-	of continuous licensure thereafter, all of which may be
507		-	further governed by the rules of the compact commission.
508		-	(2) Hold an unencumbered license in the home state.
509		-	(3) Notify the compact commission that the licensee is
510		-	seeking a compact privilege within one or more remote states.
511	507		225
512	508		226
513	509		227
514	510		228
515	511		229
516	512		230
517	513		231
518	514		232
519	515		233
520	516		234
521	517		235
522	518		236
523	519		237
524	520		238
525	521		239
526	522		240
527	523		241
528	524		242
529	525		243
530	526		244
531	527		245
532	528		246
533	529		247
534	530		248
535	531		249
536	532		250
537	533		251
538		-	252 SB207 ~~Enrolled~~
	534	+	252 SB207 INTRODUCED
539	535		Page 10
	536	+	1000 hours of practice experience under the supervision of a
	537	+	registered dietitian or a licensed dietitian.
	538	+	3. Successful completion of either the Registration
	539	+	Examination for Dietitians administered by CDR or a national
	540	+	credentialing examination for dietitians approved by the
	541	+	compact commission by rule; provided, the completion must be
	542	+	no more than five years prior to the date of the licensee's
	543	+	application for initial licensure and accompanied by a period
	544	+	of continuous licensure thereafter, all of which may be
	545	+	further governed by the rules of the compact commission.
	546	+	(2) Hold an unencumbered license in the home state.
	547	+	(3) Notify the compact commission that the licensee is
540	548		seeking a compact privilege within one or more remote states.
541	549		(4) Pay any applicable fees, including any state fee,
542	550		for the compact privilege.
543	551		(5) Meet any jurisprudence requirements established by
544	552		the remote state in which the licensee is seeking a compact
545	553		privilege.
546	554		(6) Report to the compact commission any adverse
547	555		action, encumbrance, or restriction on a license taken by any
548	556		non-member state within 30 days from the date the action is
549	557		taken.
550	558		(b) The compact privilege is valid until the expiration
551	559		date of the home state license. To maintain a compact
552	560		privilege, renewal of the compact privilege shall be congruent
553	561		with the renewal of the home state license as the compact
554	562		commission may define by rule. The licensee must comply with
555	563		the requirements of subsection (a) to maintain the compact
556	564		privilege in the remote state.
557		-	(c) A licensee exercising a compact privilege shall
558		-	adhere to the laws and rules of the remote state. Licensees
559		-	shall be responsible for educating themselves on, and
560		-	complying with, any and all state laws relating to the
561		-	practice of dietetics in the remote state.
562		-	(d) Notwithstanding anything to the contrary provided
563		-	in this compact or state law, a licensee exercising a compact
564		-	privilege shall not be required to complete continuing
565		-	education requirements required by a remote state. A licensee
566		-	exercising a compact privilege is only required to meet any
567		-	continuing education requirements as required by the home
568		-	state.
569	565		253
570	566		254
571	567		255
572	568		256
573	569		257
574	570		258
575	571		259
576	572		260
577	573		261
578	574		262
579	575		263
580	576		264
581	577		265
582	578		266
583	579		267
584	580		268
585	581		269
586	582		270
587	583		271
588	584		272
589	585		273
590	586		274
591	587		275
592	588		276
593	589		277
594	590		278
595	591		279
596		-	280 SB207 ~~Enrolled~~
	592	+	280 SB207 INTRODUCED
597	593		Page 11
	594	+	privilege in the remote state.
	595	+	(c) A licensee exercising a compact privilege shall
	596	+	adhere to the laws and rules of the remote state. Licensees
	597	+	shall be responsible for educating themselves on, and
	598	+	complying with, any and all state laws relating to the
	599	+	practice of dietetics in the remote state.
	600	+	(d) Notwithstanding anything to the contrary provided
	601	+	in this compact or state law, a licensee exercising a compact
	602	+	privilege shall not be required to complete continuing
	603	+	education requirements required by a remote state. A licensee
	604	+	exercising a compact privilege is only required to meet any
	605	+	continuing education requirements as required by the home
598	606		state.
599	607		§34-34B-5. Obtaining a New Home State License Based on
600	608		a Compact Privilege.
601	609		(a) A licensee may hold a home state license, which
602	610		allows for a compact privilege in other member states, in only
603	611		one member state at a time.
604	612		(b) If a licensee changes his or her home state by
605	613		moving between two member states:
606	614		(1) The licensee shall file an application for
607	615		obtaining a new home state license based on a compact
608	616		privilege, pay all applicable fees, and notify the current and
609	617		new home state in accordance with the rules of the compact
610	618		commission.
611	619		(2) Upon receipt of an application for obtaining a new
612	620		home state license by virtue of a compact privilege, the new
613	621		home state shall verify that the licensee meets the criteria
614	622		in Section 34-34B-4 via the data system and require that the
615		-	licensee complete all of the following:
616		-	a. Federal Bureau of Investigation fingerprint-based
617		-	criminal history record information check.
618		-	b. Any other criminal history record information
619		-	required by the new home state.
620		-	c. Any jurisprudence requirements of the new home
621		-	state.
622		-	(3) The former home state shall convert the former home
623		-	state license into a compact privilege once the new home state
624		-	has activated the new home state license in accordance with
625		-	applicable rules adopted by the compact commission.
626		-	(4) Notwithstanding any other provision of this
627	623		281
628	624		282
629	625		283
630	626		284
631	627		285
632	628		286
633	629		287
634	630		288
635	631		289
636	632		290
637	633		291
638	634		292
639	635		293
640	636		294
641	637		295
642	638		296
643	639		297
644	640		298
645	641		299
646	642		300
647	643		301
648	644		302
649	645		303
650	646		304
651	647		305
652	648		306
653	649		307
654		-	308 SB207 ~~Enrolled~~
	650	+	308 SB207 INTRODUCED
655	651		Page 12
	652	+	in Section 34-34B-4 via the data system and require that the
	653	+	licensee complete all of the following:
	654	+	a. Federal Bureau of Investigation fingerprint-based
	655	+	criminal history record information check.
	656	+	b. Any other criminal history record information
	657	+	required by the new home state.
	658	+	c. Any jurisprudence requirements of the new home
	659	+	state.
	660	+	(3) The former home state shall convert the former home
	661	+	state license into a compact privilege once the new home state
	662	+	has activated the new home state license in accordance with
	663	+	applicable rules adopted by the compact commission.
656	664		(4) Notwithstanding any other provision of this
657	665		compact, if the licensee cannot meet the criteria in Section
658	666		34-34B-4, the new home state may apply its requirements for
659	667		issuing a new single-state license.
660	668		(5) The licensee shall pay all applicable fees to the
661	669		new home state in order to be issued a new home state license.
662	670		(c) If a licensee changes his or her state of residence
663	671		by moving from a member state to a non-member state, or from a
664	672		non-member state to a member state, the state criteria shall
665	673		apply for issuance of a single state license in the new state.
666	674		(d) Nothing in this compact shall interfere with a
667	675		licensee's ability to hold a single-state license in multiple
668	676		states; however, for the purposes of this compact, a licensee
669	677		shall have only one home state license.
670	678		(e) Nothing in this compact shall affect the
671	679		requirements established by a member state for the issuance of
672	680		a single-state license.
673		-	§34-34B-6. Active Military Members or Their Spouses.
674		-	An active military member, or his or her spouse, shall
675		-	designate a home state where the individual has a current
676		-	license in good standing. The individual may retain the home
677		-	state designation during the period the service member is on
678		-	active duty.
679		-	§34-34B-7. Adverse Actions.
680		-	(a) In addition to the other powers conferred by state
681		-	law, a remote state shall have the authority, in accordance
682		-	with existing state due process law, to do both of the
683		-	following:
684		-	(1) Take adverse action against a licensee's compact
685	681		309
686	682		310
687	683		311
688	684		312
689	685		313
690	686		314
691	687		315
692	688		316
693	689		317
694	690		318
695	691		319
696	692		320
697	693		321
698	694		322
699	695		323
700	696		324
701	697		325
702	698		326
703	699		327
704	700		328
705	701		329
706	702		330
707	703		331
708	704		332
709	705		333
710	706		334
711	707		335
712		-	336 SB207 ~~Enrolled~~
	708	+	336 SB207 INTRODUCED
713	709		Page 13
	710	+	a single-state license.
	711	+	§34-34B-6. Active Military Members or Their Spouses.
	712	+	An active military member, or his or her spouse, shall
	713	+	designate a home state where the individual has a current
	714	+	license in good standing. The individual may retain the home
	715	+	state designation during the period the service member is on
	716	+	active duty.
	717	+	§34-34B-7. Adverse Actions.
	718	+	(a) In addition to the other powers conferred by state
	719	+	law, a remote state shall have the authority, in accordance
	720	+	with existing state due process law, to do both of the
	721	+	following:
714	722		(1) Take adverse action against a licensee's compact
715	723		privilege within that member state.
716	724		(2) Issue subpoenas for both hearings and
717	725		investigations that require the attendance and testimony of
718	726		witnesses, as well as the production of evidence. Subpoenas
719	727		issued by a licensing authority in a member state for the
720	728		attendance and testimony of witnesses or the production of
721	729		evidence from another member state shall be enforced in the
722	730		latter state by any court of competent jurisdiction, according
723	731		to the practice and procedure applicable to subpoenas issued
724	732		in proceedings pending before that court. The issuing
725	733		authority shall pay any witness fees, travel expenses,
726	734		mileage, and other fees required by the service statutes of
727	735		the state in which the witnesses or evidence are located.
728	736		(b) Only the home state shall have the power to take
729	737		adverse action against a licensee's home state license.
730	738		(c) For purposes of taking adverse action, the home
731		-	state shall give the same priority and effect to reported
732		-	conduct received from a member state as it would if the
733		-	conduct had occurred within the home state. In so doing, the
734		-	home state shall apply its own state laws to determine
735		-	appropriate action.
736		-	(d) The home state shall complete any pending
737		-	investigations of a licensee who changes home states during
738		-	the course of the investigations. The home state shall also
739		-	have authority to take appropriate action and shall promptly
740		-	report the conclusions of the investigations to the
741		-	administrator of the data system. The administrator of the
742		-	data system shall promptly notify the new home state of any
743	739		337
744	740		338
745	741		339
746	742		340
747	743		341
748	744		342
749	745		343
750	746		344
751	747		345
752	748		346
753	749		347
754	750		348
755	751		349
756	752		350
757	753		351
758	754		352
759	755		353
760	756		354
761	757		355
762	758		356
763	759		357
764	760		358
765	761		359
766	762		360
767	763		361
768	764		362
769	765		363
770		-	364 SB207 ~~Enrolled~~
	766	+	364 SB207 INTRODUCED
771	767		Page 14
	768	+	(c) For purposes of taking adverse action, the home
	769	+	state shall give the same priority and effect to reported
	770	+	conduct received from a member state as it would if the
	771	+	conduct had occurred within the home state. In so doing, the
	772	+	home state shall apply its own state laws to determine
	773	+	appropriate action.
	774	+	(d) The home state shall complete any pending
	775	+	investigations of a licensee who changes home states during
	776	+	the course of the investigations. The home state shall also
	777	+	have authority to take appropriate action and shall promptly
	778	+	report the conclusions of the investigations to the
	779	+	administrator of the data system. The administrator of the
772	780		data system shall promptly notify the new home state of any
773	781		adverse actions.
774	782		(e) A member state, if otherwise permitted by state
775	783		law, may recover from the affected licensee the costs of
776	784		investigations and dispositions of cases resulting from any
777	785		adverse action taken against that licensee.
778	786		(f) A member state may take adverse action based on the
779	787		factual findings of another remote state, provided that the
780	788		member state follows its own procedures for taking the adverse
781	789		action.
782	790		(g) Joint investigations.
783	791		(1) In addition to the authority granted to a member
784	792		state by its respective state law, any member state may
785	793		participate with other member states in joint investigations
786	794		of licensees.
787	795		(2) Member states shall share any investigative,
788	796		litigation, or compliance materials in furtherance of any
789		-	joint investigation initiated under the compact.
790		-	(h) If adverse action is taken by the home state
791		-	against a licensee's home state license resulting in an
792		-	encumbrance on the home state license, the licensee's compact
793		-	privilege in all other member states shall be revoked until
794		-	all encumbrances have been removed from the home state
795		-	license. All home state disciplinary orders that impose
796		-	adverse action against a licensee shall include a statement
797		-	that the licensee's compact privileges are revoked in all
798		-	member states during the pendency of the order.
799		-	(i) Once an encumbered license in the home state is
800		-	restored to an unencumbered license, as certified by the home
801	797		365
802	798		366
803	799		367
804	800		368
805	801		369
806	802		370
807	803		371
808	804		372
809	805		373
810	806		374
811	807		375
812	808		376
813	809		377
814	810		378
815	811		379
816	812		380
817	813		381
818	814		382
819	815		383
820	816		384
821	817		385
822	818		386
823	819		387
824	820		388
825	821		389
826	822		390
827	823		391
828		-	392 SB207 ~~Enrolled~~
	824	+	392 SB207 INTRODUCED
829	825		Page 15
	826	+	litigation, or compliance materials in furtherance of any
	827	+	joint investigation initiated under the compact.
	828	+	(h) If adverse action is taken by the home state
	829	+	against a licensee's home state license resulting in an
	830	+	encumbrance on the home state license, the licensee's compact
	831	+	privilege in all other member states shall be revoked until
	832	+	all encumbrances have been removed from the home state
	833	+	license. All home state disciplinary orders that impose
	834	+	adverse action against a licensee shall include a statement
	835	+	that the licensee's compact privileges are revoked in all
	836	+	member states during the pendency of the order.
	837	+	(i) Once an encumbered license in the home state is
830	838		restored to an unencumbered license, as certified by the home
831	839		state's licensing authority, the licensee must meet the
832	840		requirements of Section 34-34B-4(a) and follow the
833	841		administrative requirements to reapply to obtain a compact
834	842		privilege in any remote state.
835	843		(j) If a member state takes adverse action, it shall
836	844		promptly notify the administrator of the data system. The
837	845		administrator of the data system shall promptly notify the
838	846		other member states of any adverse actions.
839	847		(k) Nothing in this compact shall override a member
840	848		state's decision that participation in an alternative program
841	849		may be used in lieu of adverse action.
842	850		§34-34B-8. Establishment of the Dietitian Licensure
843	851		Compact Commission.
844	852		(a) The compact member states hereby create and
845	853		establish a joint governmental agency whose membership
846	854		consists of all member states that have enacted the compact
847		-	known as the Dietitian Licensure Compact Commission. The
848		-	compact commission is an instrumentality of the compact states
849		-	acting jointly and not an instrumentality of any one state.
850		-	The compact commission shall come into existence on or after
851		-	the effective date of the compact as set forth in Section
852		-	34-34B-12.
853		-	(b) Membership, voting, and meetings.
854		-	(1) Each member state shall have and be limited to one
855		-	delegate selected by that member state's licensing authority.
856		-	(2) The delegate shall be the primary administrator of
857		-	the licensing authority or his or her designee.
858		-	(3) The compact commission shall by rule or bylaw
859	855		393
860	856		394
861	857		395
862	858		396
863	859		397
864	860		398
865	861		399
866	862		400
867	863		401
868	864		402
869	865		403
870	866		404
871	867		405
872	868		406
873	869		407
874	870		408
875	871		409
876	872		410
877	873		411
878	874		412
879	875		413
880	876		414
881	877		415
882	878		416
883	879		417
884	880		418
885	881		419
886		-	420 SB207 ~~Enrolled~~
	882	+	420 SB207 INTRODUCED
887	883		Page 16
	884	+	consists of all member states that have enacted the compact
	885	+	known as the Dietitian Licensure Compact Commission. The
	886	+	compact commission is an instrumentality of the compact states
	887	+	acting jointly and not an instrumentality of any one state.
	888	+	The compact commission shall come into existence on or after
	889	+	the effective date of the compact as set forth in Section
	890	+	34-34B-12.
	891	+	(b) Membership, voting, and meetings.
	892	+	(1) Each member state shall have and be limited to one
	893	+	delegate selected by that member state's licensing authority.
	894	+	(2) The delegate shall be the primary administrator of
	895	+	the licensing authority or his or her designee.
888	896		(3) The compact commission shall by rule or bylaw
889	897		establish a term of office for delegates and may by rule or
890	898		bylaw establish term limits.
891	899		(4) The compact commission may recommend removal or
892	900		suspension of any delegate from office.
893	901		(5) A member state's licensing authority shall fill any
894	902		vacancy of its delegate occurring on the compact commission
895	903		within 60 days of the vacancy.
896	904		(6) Each delegate shall be entitled to one vote on all
897	905		matters before the compact commission requiring a vote by the
898	906		delegates.
899	907		(7) Delegates shall meet and vote by such means as set
900	908		forth in the bylaws. The bylaws may provide for delegates to
901	909		meet and vote in-person or by telecommunication, video
902	910		conference, or other means of communication.
903	911		(8) The compact commission shall meet at least once
904	912		during each calendar year. Additional meetings may be held as
905		-	set forth in the bylaws. The compact commission may meet in
906		-	person or by telecommunication, video conference, or other
907		-	means of communication.
908		-	(c) The compact commission shall have all of the
909		-	following powers:
910		-	(1) Establish the fiscal year of the compact
911		-	commission.
912		-	(2) Establish code of conduct and conflict of interest
913		-	policies.
914		-	(3) Establish and amend rules and bylaws.
915		-	(4) Maintain its financial records in accordance with
916		-	the bylaws.
917	913		421
918	914		422
919	915		423
920	916		424
921	917		425
922	918		426
923	919		427
924	920		428
925	921		429
926	922		430
927	923		431
928	924		432
929	925		433
930	926		434
931	927		435
932	928		436
933	929		437
934	930		438
935	931		439
936	932		440
937	933		441
938	934		442
939	935		443
940	936		444
941	937		445
942	938		446
943	939		447
944		-	448 SB207 ~~Enrolled~~
	940	+	448 SB207 INTRODUCED
945	941		Page 17
	942	+	during each calendar year. Additional meetings may be held as
	943	+	set forth in the bylaws. The compact commission may meet in
	944	+	person or by telecommunication, video conference, or other
	945	+	means of communication.
	946	+	(c) The compact commission shall have all of the
	947	+	following powers:
	948	+	(1) Establish the fiscal year of the compact
	949	+	commission.
	950	+	(2) Establish code of conduct and conflict of interest
	951	+	policies.
	952	+	(3) Establish and amend rules and bylaws.
	953	+	(4) Maintain its financial records in accordance with
946	954		the bylaws.
947	955		(5) Meet and take action consistent with the provisions
948	956		of this compact, the compact commission's rules, and the
949	957		bylaws.
950	958		(6) Initiate and conclude legal proceedings or actions
951	959		in the name of the compact commission, provided that the
952	960		standing of any licensing authority to sue or be sued under
953	961		applicable law shall not be affected.
954	962		(7) Maintain and certify records and information
955	963		provided to a member state as the authenticated business
956	964		records of the compact commission, and designate an agent to
957	965		do so on behalf of the compact commission.
958	966		(8) Purchase and maintain insurance and bonds.
959	967		(9) Borrow, accept, or contract for services of
960	968		personnel, including, but not limited to, employees of a
961	969		member state.
962	970		(10) Conduct an annual financial review.
963		-	(11) Hire employees, elect or appoint officers, fix
964		-	compensation, define duties, grant those individuals
965		-	appropriate authority to carry out the purposes of the
966		-	compact, and establish the compact commission's personnel
967		-	policies and programs relating to conflicts of interest,
968		-	qualifications of personnel, and other related personnel
969		-	matters.
970		-	(12) Assess and collect fees.
971		-	(13) Accept any and all appropriate donations, grants
972		-	of money, other sources of revenue, equipment, supplies,
973		-	materials, services, and gifts, and receive, utilize, and
974		-	dispose of the same; provided, that at all times the compact
975	971		449
976	972		450
977	973		451
978	974		452
979	975		453
980	976		454
981	977		455
982	978		456
983	979		457
984	980		458
985	981		459
986	982		460
987	983		461
988	984		462
989	985		463
990	986		464
991	987		465
992	988		466
993	989		467
994	990		468
995	991		469
996	992		470
997	993		471
998	994		472
999	995		473
1000	996		474
1001	997		475
1002		-	476 SB207 ~~Enrolled~~
	998	+	476 SB207 INTRODUCED
1003	999		Page 18
	1000	+	(10) Conduct an annual financial review.
	1001	+	(11) Hire employees, elect or appoint officers, fix
	1002	+	compensation, define duties, grant those individuals
	1003	+	appropriate authority to carry out the purposes of the
	1004	+	compact, and establish the compact commission's personnel
	1005	+	policies and programs relating to conflicts of interest,
	1006	+	qualifications of personnel, and other related personnel
	1007	+	matters.
	1008	+	(12) Assess and collect fees.
	1009	+	(13) Accept any and all appropriate donations, grants
	1010	+	of money, other sources of revenue, equipment, supplies,
	1011	+	materials, services, and gifts, and receive, utilize, and
1004	1012		dispose of the same; provided, that at all times the compact
1005	1013		commission shall avoid any actual or appearance of impropriety
1006	1014		or conflict of interest.
1007	1015		(14) Lease, purchase, retain, own, hold, improve, or
1008	1016		use any property, real, personal, or mixed, or any undivided
1009	1017		interest in property.
1010	1018		(15) Sell, convey, mortgage, pledge, lease, exchange,
1011	1019		abandon, or otherwise dispose of any property real, personal,
1012	1020		or mixed.
1013	1021		(16) Establish a budget and make expenditures.
1014	1022		(17) Borrow money.
1015	1023		(18) Appoint committees, including standing committees,
1016	1024		composed of members, state regulators, state legislators or
1017	1025		his or her representatives, consumer representatives, and
1018	1026		other interested persons as may be designated in this compact
1019	1027		or the bylaws.
1020	1028		(19) Provide and receive information from, and
1021		-	cooperate with, law enforcement agencies.
1022		-	(20) Establish and elect an executive committee,
1023		-	including a chair and a vice chair.
1024		-	(21) Determine whether a state's adopted language is
1025		-	materially different from the model compact language such that
1026		-	the state would not qualify for participation in the compact.
1027		-	(22) Perform other functions as may be necessary or
1028		-	appropriate to achieve the purposes of this compact.
1029		-	(d) The Executive Committee.
1030		-	(1) The executive committee shall have the power to act
1031		-	on behalf of the compact commission according to the terms of
1032		-	this compact. The powers, duties, and responsibilities of the
1033	1029		477
1034	1030		478
1035	1031		479
1036	1032		480
1037	1033		481
1038	1034		482
1039	1035		483
1040	1036		484
1041	1037		485
1042	1038		486
1043	1039		487
1044	1040		488
1045	1041		489
1046	1042		490
1047	1043		491
1048	1044		492
1049	1045		493
1050	1046		494
1051	1047		495
1052	1048		496
1053	1049		497
1054	1050		498
1055	1051		499
1056	1052		500
1057	1053		501
1058	1054		502
1059	1055		503
1060		-	504 SB207 ~~Enrolled~~
	1056	+	504 SB207 INTRODUCED
1061	1057		Page 19
	1058	+	(19) Provide and receive information from, and
	1059	+	cooperate with, law enforcement agencies.
	1060	+	(20) Establish and elect an executive committee,
	1061	+	including a chair and a vice chair.
	1062	+	(21) Determine whether a state's adopted language is
	1063	+	materially different from the model compact language such that
	1064	+	the state would not qualify for participation in the compact.
	1065	+	(22) Perform other functions as may be necessary or
	1066	+	appropriate to achieve the purposes of this compact.
	1067	+	(d) The Executive Committee.
	1068	+	(1) The executive committee shall have the power to act
	1069	+	on behalf of the compact commission according to the terms of
1062	1070		this compact. The powers, duties, and responsibilities of the
1063	1071		executive committee shall include all of the following:
1064	1072		a. Oversee the day-to-day activities of the
1065	1073		administration of the compact, including enforcement and
1066	1074		compliance with the provisions of the compact, its rules and
1067	1075		bylaws, and other duties as deemed necessary.
1068	1076		b. Recommend to the compact commission changes to the
1069	1077		rules or bylaws, changes to this compact legislation, fees
1070	1078		charged to compact member states, fees charged to licensees,
1071	1079		and other fees.
1072	1080		c. Ensure compact administration services are
1073	1081		appropriately provided, including by contract.
1074	1082		d. Prepare and recommend the budget.
1075	1083		e. Maintain financial records on behalf of the compact
1076	1084		commission.
1077	1085		f. Monitor compact compliance of member states and
1078	1086		provide compliance reports to the compact commission.
1079		-	g. Establish additional committees as necessary.
1080		-	h. Exercise the powers and duties of the compact
1081		-	commission during the interim between compact commission
1082		-	meetings, except for adopting or amending rules, adopting or
1083		-	amending bylaws, and exercising any other powers and duties
1084		-	expressly reserved to the compact commission by rule or bylaw.
1085		-	i. Other duties as provided in the rules or bylaws of
1086		-	the compact commission.
1087		-	(2) The executive committee shall be composed of nine
1088		-	members:
1089		-	a. The chair and vice chair of the compact commission
1090		-	shall be voting members of the executive committee.
1091	1087		505
1092	1088		506
1093	1089		507
1094	1090		508
1095	1091		509
1096	1092		510
1097	1093		511
1098	1094		512
1099	1095		513
1100	1096		514
1101	1097		515
1102	1098		516
1103	1099		517
1104	1100		518
1105	1101		519
1106	1102		520
1107	1103		521
1108	1104		522
1109	1105		523
1110	1106		524
1111	1107		525
1112	1108		526
1113	1109		527
1114	1110		528
1115	1111		529
1116	1112		530
1117	1113		531
1118		-	532 SB207 ~~Enrolled~~
	1114	+	532 SB207 INTRODUCED
1119	1115		Page 20
	1116	+	provide compliance reports to the compact commission.
	1117	+	g. Establish additional committees as necessary.
	1118	+	h. Exercise the powers and duties of the compact
	1119	+	commission during the interim between compact commission
	1120	+	meetings, except for adopting or amending rules, adopting or
	1121	+	amending bylaws, and exercising any other powers and duties
	1122	+	expressly reserved to the compact commission by rule or bylaw.
	1123	+	i. Other duties as provided in the rules or bylaws of
	1124	+	the compact commission.
	1125	+	(2) The executive committee shall be composed of nine
	1126	+	members:
	1127	+	a. The chair and vice chair of the compact commission
1120	1128		shall be voting members of the executive committee.
1121	1129		b. Five voting members from the current membership of
1122	1130		the compact commission, elected by the compact commission.
1123	1131		c. One ex officio, nonvoting member from a recognized
1124	1132		professional association representing dietitians.
1125	1133		d. One ex officio, nonvoting member from a recognized
1126	1134		national credentialing organization for dietitians.
1127	1135		(3) The compact commission may remove any member of the
1128	1136		executive committee as provided in the compact commission's
1129	1137		bylaws.
1130	1138		(4) The executive committee shall meet at least
1131	1139		annually.
1132	1140		a. Executive committee meetings shall be open to the
1133	1141		public, except that the executive committee may meet in a
1134	1142		closed, nonpublic meeting as provided in subdivision (f)(2).
1135	1143		b. The executive committee shall give 30-days' notice
1136	1144		of its meetings, posted on the website of the compact
1137		-	commission and as determined to provide notice to persons with
1138		-	an interest in the business of the compact commission.
1139		-	c. The executive committee may hold a special meeting
1140		-	in accordance with paragraph (f)(1)b.
1141		-	(e) The compact commission shall adopt and provide to
1142		-	the member states an annual report.
1143		-	(f) Meetings of the Compact Commission.
1144		-	(1) All meetings shall be open to the public, except
1145		-	that the compact commission may meet in a closed, non-public
1146		-	meeting as provided in subdivision (2).
1147		-	a. Public notice for all meetings of the full compact
1148		-	commission shall be given in the same manner as required under
1149	1145		533
1150	1146		534
1151	1147		535
1152	1148		536
1153	1149		537
1154	1150		538
1155	1151		539
1156	1152		540
1157	1153		541
1158	1154		542
1159	1155		543
1160	1156		544
1161	1157		545
1162	1158		546
1163	1159		547
1164	1160		548
1165	1161		549
1166	1162		550
1167	1163		551
1168	1164		552
1169	1165		553
1170	1166		554
1171	1167		555
1172	1168		556
1173	1169		557
1174	1170		558
1175	1171		559
1176		-	560 SB207 ~~Enrolled~~
	1172	+	560 SB207 INTRODUCED
1177	1173		Page 21
	1174	+	of its meetings, posted on the website of the compact
	1175	+	commission and as determined to provide notice to persons with
	1176	+	an interest in the business of the compact commission.
	1177	+	c. The executive committee may hold a special meeting
	1178	+	in accordance with paragraph (f)(1)b.
	1179	+	(e) The compact commission shall adopt and provide to
	1180	+	the member states an annual report.
	1181	+	(f) Meetings of the Compact Commission.
	1182	+	(1) All meetings shall be open to the public, except
	1183	+	that the compact commission may meet in a closed, non-public
	1184	+	meeting as provided in subdivision (2).
	1185	+	a. Public notice for all meetings of the full compact
1178	1186		commission shall be given in the same manner as required under
1179	1187		the rulemaking provisions in Section 34-34B-10, except that
1180	1188		the compact commission may hold a special meeting as provided
1181	1189		in paragraph (f)(1)b.
1182	1190		b. The compact commission may hold a special meeting
1183	1191		when it must meet to conduct emergency business by giving 24-
1184	1192		hours' notice to all member states, on the compact
1185	1193		commission's website, and other means as provided in the
1186	1194		compact commission's rules. The compact commission's legal
1187	1195		counsel shall certify that the compact commission's need to
1188	1196		meet qualifies as an emergency.
1189	1197		(2) The compact commission, the executive committee, or
1190	1198		other committees of the compact commission may convene in a
1191	1199		closed, nonpublic meeting for the compact commission,
1192	1200		executive committee, or other committees of the compact
1193	1201		commission to receive legal advice or to discuss the
1194	1202		following:
1195		-	a. Noncompliance of a member state with its obligations
1196		-	under the compact.
1197		-	b. The employment, compensation, discipline, or other
1198		-	matters, practices, or procedures related to specific
1199		-	employees.
1200		-	c. Current or threatened discipline of a licensee by
1201		-	the compact commission or by a member state's licensing
1202		-	authority.
1203		-	d. Current, threatened, or reasonably anticipated
1204		-	litigation.
1205		-	e. Negotiation of contracts for the purchase, lease, or
1206		-	sale of goods, services, or real estate.
1207	1203		561
1208	1204		562
1209	1205		563
1210	1206		564
1211	1207		565
1212	1208		566
1213	1209		567
1214	1210		568
1215	1211		569
1216	1212		570
1217	1213		571
1218	1214		572
1219	1215		573
1220	1216		574
1221	1217		575
1222	1218		576
1223	1219		577
1224	1220		578
1225	1221		579
1226	1222		580
1227	1223		581
1228	1224		582
1229	1225		583
1230	1226		584
1231	1227		585
1232	1228		586
1233	1229		587
1234		-	588 SB207 ~~Enrolled~~
	1230	+	588 SB207 INTRODUCED
1235	1231		Page 22
	1232	+	following:
	1233	+	a. Noncompliance of a member state with its obligations
	1234	+	under the compact.
	1235	+	b. The employment, compensation, discipline, or other
	1236	+	matters, practices, or procedures related to specific
	1237	+	employees.
	1238	+	c. Current or threatened discipline of a licensee by
	1239	+	the compact commission or by a member state's licensing
	1240	+	authority.
	1241	+	d. Current, threatened, or reasonably anticipated
	1242	+	litigation.
	1243	+	e. Negotiation of contracts for the purchase, lease, or
1236	1244		sale of goods, services, or real estate.
1237	1245		f. Accusing any individual of a crime or formally
1238	1246		censuring any individual.
1239	1247		g. Trade secrets or commercial or financial information
1240	1248		that is privileged or confidential.
1241	1249		h. Information of a personal nature where disclosure
1242	1250		would constitute a clearly unwarranted invasion of personal
1243	1251		privacy.
1244	1252		i. Investigative records compiled for law enforcement
1245	1253		purposes.
1246	1254		j. Information related to any investigative reports
1247	1255		prepared by or on behalf of or for use of the compact
1248	1256		commission or other committee charged with responsibility of
1249	1257		investigation or determination of compliance issues pursuant
1250	1258		to the compact.
1251	1259		k. Matters specifically exempted from disclosure by
1252	1260		federal or member state law.
1253		-	l. Other matters as specified in the rules of the
1254		-	compact commission.
1255		-	(3) If a meeting, or portion of a meeting, is closed,
1256		-	the presiding officer shall state that the meeting will be
1257		-	closed and reference each relevant exempting provision, and
1258		-	such reference shall be recorded in the minutes.
1259		-	(4) The compact commission shall keep minutes that
1260		-	fully and clearly describe all matters discussed in a meeting
1261		-	and shall provide a full and accurate summary of actions
1262		-	taken, and the reasons therefore, including a description of
1263		-	the views expressed. All documents considered in connection
1264		-	with an action shall be identified in such minutes. All
1265	1261		589
1266	1262		590
1267	1263		591
1268	1264		592
1269	1265		593
1270	1266		594
1271	1267		595
1272	1268		596
1273	1269		597
1274	1270		598
1275	1271		599
1276	1272		600
1277	1273		601
1278	1274		602
1279	1275		603
1280	1276		604
1281	1277		605
1282	1278		606
1283	1279		607
1284	1280		608
1285	1281		609
1286	1282		610
1287	1283		611
1288	1284		612
1289	1285		613
1290	1286		614
1291	1287		615
1292		-	616 SB207 ~~Enrolled~~
	1288	+	616 SB207 INTRODUCED
1293	1289		Page 23
	1290	+	federal or member state law.
	1291	+	l. Other matters as specified in the rules of the
	1292	+	compact commission.
	1293	+	(3) If a meeting, or portion of a meeting, is closed,
	1294	+	the presiding officer shall state that the meeting will be
	1295	+	closed and reference each relevant exempting provision, and
	1296	+	such reference shall be recorded in the minutes.
	1297	+	(4) The compact commission shall keep minutes that
	1298	+	fully and clearly describe all matters discussed in a meeting
	1299	+	and shall provide a full and accurate summary of actions
	1300	+	taken, and the reasons therefore, including a description of
	1301	+	the views expressed. All documents considered in connection
1294	1302		with an action shall be identified in such minutes. All
1295	1303		minutes and documents of a closed meeting shall remain under
1296	1304		seal, subject to release only by a majority vote of the
1297	1305		compact commission or order of a court of competent
1298	1306		jurisdiction.
1299	1307		(g) Financing of the compact commission.
1300	1308		(1) The compact commission shall pay, or provide for
1301	1309		the payment of, the reasonable expenses of its establishment,
1302	1310		organization, and ongoing activities.
1303	1311		(2) The compact commission may accept any and all
1304	1312		appropriate revenue sources as provided in subdivision
1305	1313		(c)(13).
1306	1314		(3) The compact commission may levy on and collect an
1307	1315		annual assessment from each member state and impose fees on
1308	1316		licensees of member states to whom it grants a compact
1309	1317		privilege to cover the cost of the operations and activities
1310	1318		of the compact commission and its staff, which must, in a
1311		-	total amount, be sufficient to cover its annual budget as
1312		-	approved each year for which revenue is not provided by other
1313		-	sources. The aggregate annual assessment amount for member
1314		-	states shall be allocated based upon a formula that the
1315		-	compact commission shall adopt by rule.
1316		-	(4) The compact commission shall not incur obligations
1317		-	of any kind prior to securing the funds adequate to meet those
1318		-	obligations; nor shall the compact commission pledge the
1319		-	credit of any of the member states, except by and with the
1320		-	authority of the member state.
1321		-	(5) The compact commission shall keep accurate accounts
1322		-	of all receipts and disbursements. The receipts and
1323	1319		617
1324	1320		618
1325	1321		619
1326	1322		620
1327	1323		621
1328	1324		622
1329	1325		623
1330	1326		624
1331	1327		625
1332	1328		626
1333	1329		627
1334	1330		628
1335	1331		629
1336	1332		630
1337	1333		631
1338	1334		632
1339	1335		633
1340	1336		634
1341	1337		635
1342	1338		636
1343	1339		637
1344	1340		638
1345	1341		639
1346	1342		640
1347	1343		641
1348	1344		642
1349	1345		643
1350		-	644 SB207 ~~Enrolled~~
	1346	+	644 SB207 INTRODUCED
1351	1347		Page 24
	1348	+	of the compact commission and its staff, which must, in a
	1349	+	total amount, be sufficient to cover its annual budget as
	1350	+	approved each year for which revenue is not provided by other
	1351	+	sources. The aggregate annual assessment amount for member
	1352	+	states shall be allocated based upon a formula that the
	1353	+	compact commission shall adopt by rule.
	1354	+	(4) The compact commission shall not incur obligations
	1355	+	of any kind prior to securing the funds adequate to meet those
	1356	+	obligations; nor shall the compact commission pledge the
	1357	+	credit of any of the member states, except by and with the
	1358	+	authority of the member state.
	1359	+	(5) The compact commission shall keep accurate accounts
1352	1360		of all receipts and disbursements. The receipts and
1353	1361		disbursements of the compact commission shall be subject to
1354	1362		the financial review and accounting procedures established
1355	1363		under its bylaws. However, all receipts and disbursements of
1356	1364		funds handled by the compact commission shall be subject to an
1357	1365		annual financial review by a certified or licensed public
1358	1366		accountant, and the report of the financial review shall be
1359	1367		included in and become part of the annual report of the
1360	1368		compact commission.
1361	1369		(h) Qualified immunity, defense, and indemnification.
1362	1370		(1) The members, officers, executive director,
1363	1371		employees, and representatives of the compact commission shall
1364	1372		be immune from suit and liability, both personally and in
1365	1373		their official capacities, for any claim for damage to or loss
1366	1374		of property or personal injury or other civil liability caused
1367	1375		by or arising out of any actual or alleged act, error, or
1368	1376		omission that occurred, or that the individual against whom
1369		-	the claim is made had a reasonable basis for believing
1370		-	occurred within the scope of compact commission employment,
1371		-	duties, or responsibilities; provided, that nothing in this
1372		-	subdivision shall be construed to protect any individual from
1373		-	suit or liability for any damage, loss, injury, or liability
1374		-	caused by the intentional, willful, or wanton misconduct of
1375		-	that individual. The procurement of insurance of any type by
1376		-	the compact commission shall not in any way compromise or
1377		-	limit the immunity granted under this subsection.
1378		-	(2) The compact commission shall defend any member,
1379		-	officer, executive director, employee, and representative of
1380		-	the compact commission in any civil action seeking to impose
1381	1377		645
1382	1378		646
1383	1379		647
1384	1380		648
1385	1381		649
1386	1382		650
1387	1383		651
1388	1384		652
1389	1385		653
1390	1386		654
1391	1387		655
1392	1388		656
1393	1389		657
1394	1390		658
1395	1391		659
1396	1392		660
1397	1393		661
1398	1394		662
1399	1395		663
1400	1396		664
1401	1397		665
1402	1398		666
1403	1399		667
1404	1400		668
1405	1401		669
1406	1402		670
1407	1403		671
1408		-	672 SB207 ~~Enrolled~~
	1404	+	672 SB207 INTRODUCED
1409	1405		Page 25
	1406	+	omission that occurred, or that the individual against whom
	1407	+	the claim is made had a reasonable basis for believing
	1408	+	occurred within the scope of compact commission employment,
	1409	+	duties, or responsibilities; provided, that nothing in this
	1410	+	subdivision shall be construed to protect any individual from
	1411	+	suit or liability for any damage, loss, injury, or liability
	1412	+	caused by the intentional, willful, or wanton misconduct of
	1413	+	that individual. The procurement of insurance of any type by
	1414	+	the compact commission shall not in any way compromise or
	1415	+	limit the immunity granted under this subsection.
	1416	+	(2) The compact commission shall defend any member,
	1417	+	officer, executive director, employee, and representative of
1410	1418		the compact commission in any civil action seeking to impose
1411	1419		liability arising out of any actual or alleged act, error, or
1412	1420		omission that occurred within the scope of compact commission
1413	1421		employment, duties, or responsibilities, or as determined by
1414	1422		the compact commission that the person against whom the claim
1415	1423		is made had a reasonable basis for believing occurred within
1416	1424		the scope of compact commission employment, duties, or
1417	1425		responsibilities; provided, that nothing in this subdivision
1418	1426		shall be construed to prohibit that individual from retaining
1419	1427		his or her own counsel at his or her own expense; and provided
1420	1428		further, that the actual or alleged act, error, or omission
1421	1429		did not result from that individual's intentional, willful, or
1422	1430		wanton misconduct.
1423	1431		(3) The compact commission shall indemnify and hold
1424	1432		harmless any member, officer, executive director, employee,
1425	1433		and representative of the compact commission for the amount of
1426	1434		any settlement or judgment obtained against that individual
1427		-	arising out of any actual or alleged act, error, or omission
1428		-	that occurred within the scope of compact commission
1429		-	employment, duties, or responsibilities, or that such
1430		-	individual had a reasonable basis for believing occurred
1431		-	within the scope of compact commission employment, duties, or
1432		-	responsibilities; provided, that the actual or alleged act,
1433		-	error, or omission did not result from the intentional,
1434		-	willful, or wanton misconduct of that individual.
1435		-	(4) Nothing in this subsection shall be construed as a
1436		-	limitation on the liability of any licensee for professional
1437		-	malpractice or misconduct, which shall be governed solely by
1438		-	any other applicable state laws.
1439	1435		673
1440	1436		674
1441	1437		675
1442	1438		676
1443	1439		677
1444	1440		678
1445	1441		679
1446	1442		680
1447	1443		681
1448	1444		682
1449	1445		683
1450	1446		684
1451	1447		685
1452	1448		686
1453	1449		687
1454	1450		688
1455	1451		689
1456	1452		690
1457	1453		691
1458	1454		692
1459	1455		693
1460	1456		694
1461	1457		695
1462	1458		696
1463	1459		697
1464	1460		698
1465	1461		699
1466		-	700 SB207 ~~Enrolled~~
	1462	+	700 SB207 INTRODUCED
1467	1463		Page 26
	1464	+	any settlement or judgment obtained against that individual
	1465	+	arising out of any actual or alleged act, error, or omission
	1466	+	that occurred within the scope of compact commission
	1467	+	employment, duties, or responsibilities, or that such
	1468	+	individual had a reasonable basis for believing occurred
	1469	+	within the scope of compact commission employment, duties, or
	1470	+	responsibilities; provided, that the actual or alleged act,
	1471	+	error, or omission did not result from the intentional,
	1472	+	willful, or wanton misconduct of that individual.
	1473	+	(4) Nothing in this subsection shall be construed as a
	1474	+	limitation on the liability of any licensee for professional
	1475	+	malpractice or misconduct, which shall be governed solely by
1468	1476		any other applicable state laws.
1469	1477		(5) Nothing in this compact shall be interpreted to
1470	1478		waive or otherwise abrogate a member state's state action
1471	1479		immunity or state action affirmative defense with respect to
1472	1480		antitrust claims under the Sherman Act, Clayton Act, or any
1473	1481		other state or federal antitrust or anticompetitive law or
1474	1482		rule.
1475	1483		(6) Nothing in this compact shall be construed to be a
1476	1484		waiver of sovereign immunity by the member states or by the
1477	1485		compact commission.
1478	1486		§34-34B-9. Data System.
1479	1487		(a) The compact commission shall provide for the
1480	1488		development, maintenance, operation, and utilization of a
1481	1489		coordinated data system.
1482	1490		(b) The compact commission shall assign each applicant
1483	1491		for a compact privilege a unique identifier, as determined by
1484	1492		the rules.
1485		-	(c) Notwithstanding any other provision of state law to
1486		-	the contrary, a member state shall submit a uniform data set
1487		-	to the data system on all individuals to whom this compact is
1488		-	applicable as required by the rules of the compact commission,
1489		-	including all of the following:
1490		-	(1) Identifying information.
1491		-	(2) Licensure data.
1492		-	(3) Adverse actions against a license or compact
1493		-	privilege and information related thereto.
1494		-	(4) Nonconfidential information related to alternative
1495		-	program participation, the beginning and ending dates of
1496		-	participation, and other information related to participation
1497	1493		701
1498	1494		702
1499	1495		703
1500	1496		704
1501	1497		705
1502	1498		706
1503	1499		707
1504	1500		708
1505	1501		709
1506	1502		710
1507	1503		711
1508	1504		712
1509	1505		713
1510	1506		714
1511	1507		715
1512	1508		716
1513	1509		717
1514	1510		718
1515	1511		719
1516	1512		720
1517	1513		721
1518	1514		722
1519	1515		723
1520	1516		724
1521	1517		725
1522	1518		726
1523	1519		727
1524		-	728 SB207 ~~Enrolled~~
	1520	+	728 SB207 INTRODUCED
1525	1521		Page 27
	1522	+	the rules.
	1523	+	(c) Notwithstanding any other provision of state law to
	1524	+	the contrary, a member state shall submit a uniform data set
	1525	+	to the data system on all individuals to whom this compact is
	1526	+	applicable as required by the rules of the compact commission,
	1527	+	including all of the following:
	1528	+	(1) Identifying information.
	1529	+	(2) Licensure data.
	1530	+	(3) Adverse actions against a license or compact
	1531	+	privilege and information related thereto.
	1532	+	(4) Nonconfidential information related to alternative
	1533	+	program participation, the beginning and ending dates of
1526	1534		participation, and other information related to participation
1527	1535		not made confidential under member state law.
1528	1536		(5) Any denial of application for licensure, and the
1529	1537		reason or reasons for the denial.
1530	1538		(6) The presence of current significant investigative
1531	1539		information.
1532	1540		(7) Other information that may facilitate the
1533	1541		administration of this compact or the protection of the
1534	1542		public, as determined by the rules of the compact commission.
1535	1543		(d) The records and information provided to a member
1536	1544		state pursuant to this compact or through the data system,
1537	1545		when certified by the compact commission or its agent, shall
1538	1546		constitute the authenticated business records of the compact
1539	1547		commission, and shall be entitled to any associated hearsay
1540	1548		exception in any relevant judicial, quasi-judicial, or
1541	1549		administrative proceedings in a member state.
1542	1550		(e) Current significant investigative information
1543		-	pertaining to a licensee in any member state will only be
1544		-	available to other member states.
1545		-	(f) It is the responsibility of the member states to
1546		-	report any adverse action against a licensee and to monitor
1547		-	the data system to determine whether any adverse action has
1548		-	been taken against a licensee. Adverse action information
1549		-	pertaining to a licensee in any member state will be available
1550		-	to any other member state.
1551		-	(g) Member states contributing information to the data
1552		-	system may designate information that may not be shared with
1553		-	the public without the express permission of the contributing
1554		-	state.
1555	1551		729
1556	1552		730
1557	1553		731
1558	1554		732
1559	1555		733
1560	1556		734
1561	1557		735
1562	1558		736
1563	1559		737
1564	1560		738
1565	1561		739
1566	1562		740
1567	1563		741
1568	1564		742
1569	1565		743
1570	1566		744
1571	1567		745
1572	1568		746
1573	1569		747
1574	1570		748
1575	1571		749
1576	1572		750
1577	1573		751
1578	1574		752
1579	1575		753
1580	1576		754
1581	1577		755
1582		-	756 SB207 ~~Enrolled~~
	1578	+	756 SB207 INTRODUCED
1583	1579		Page 28
	1580	+	(e) Current significant investigative information
	1581	+	pertaining to a licensee in any member state will only be
	1582	+	available to other member states.
	1583	+	(f) It is the responsibility of the member states to
	1584	+	report any adverse action against a licensee and to monitor
	1585	+	the data system to determine whether any adverse action has
	1586	+	been taken against a licensee. Adverse action information
	1587	+	pertaining to a licensee in any member state will be available
	1588	+	to any other member state.
	1589	+	(g) Member states contributing information to the data
	1590	+	system may designate information that may not be shared with
	1591	+	the public without the express permission of the contributing
1584	1592		state.
1585	1593		(h) Any information submitted to the data system that
1586	1594		is subsequently expunged pursuant to federal law or the laws
1587	1595		of the member state contributing the information shall be
1588	1596		removed from the data system.
1589	1597		§34-34B-10. Rulemaking.
1590	1598		(a) The compact commission shall adopt reasonable rules
1591	1599		in order to effectively and efficiently implement and
1592	1600		administer the purposes and provisions of this compact. A rule
1593	1601		shall be invalid and have no force or effect only if a court
1594	1602		of competent jurisdiction holds that the rule is invalid
1595	1603		because the compact commission exercised its rulemaking
1596	1604		authority in a manner that is beyond the scope and purposes of
1597	1605		the compact, or the powers granted under the contract, or
1598	1606		based upon another applicable standard of review.
1599	1607		(b) The rules of the compact commission shall have the
1600	1608		force of law in each member state; provided, however, that
1601		-	where the rules conflict with the laws or rules of a member
1602		-	state that relate to the procedures, actions, and processes a
1603		-	licensed dietitian is permitted to undertake in that state and
1604		-	the circumstances under which he or she may do so, as held by
1605		-	a court of competent jurisdiction, the rules of the compact
1606		-	commission shall be ineffective in that state to the extent of
1607		-	the conflict.
1608		-	(c) The compact commission shall exercise its
1609		-	rulemaking powers pursuant to the criteria set forth in this
1610		-	section and the rules adopted thereunder. Rules shall become
1611		-	binding on the day following adoption or as of the date
1612		-	specified in the rule or amendment, whichever is later.
1613	1609		757
1614	1610		758
1615	1611		759
1616	1612		760
1617	1613		761
1618	1614		762
1619	1615		763
1620	1616		764
1621	1617		765
1622	1618		766
1623	1619		767
1624	1620		768
1625	1621		769
1626	1622		770
1627	1623		771
1628	1624		772
1629	1625		773
1630	1626		774
1631	1627		775
1632	1628		776
1633	1629		777
1634	1630		778
1635	1631		779
1636	1632		780
1637	1633		781
1638	1634		782
1639	1635		783
1640		-	784 SB207 ~~Enrolled~~
	1636	+	784 SB207 INTRODUCED
1641	1637		Page 29
	1638	+	force of law in each member state; provided, however, that
	1639	+	where the rules conflict with the laws or rules of a member
	1640	+	state that relate to the procedures, actions, and processes a
	1641	+	licensed dietitian is permitted to undertake in that state and
	1642	+	the circumstances under which he or she may do so, as held by
	1643	+	a court of competent jurisdiction, the rules of the compact
	1644	+	commission shall be ineffective in that state to the extent of
	1645	+	the conflict.
	1646	+	(c) The compact commission shall exercise its
	1647	+	rulemaking powers pursuant to the criteria set forth in this
	1648	+	section and the rules adopted thereunder. Rules shall become
	1649	+	binding on the day following adoption or as of the date
1642	1650		specified in the rule or amendment, whichever is later.
1643	1651		(d) If a majority of the legislatures of the member
1644	1652		states rejects a rule or portion of a rule, by enactment of a
1645	1653		statute or resolution in the same manner used to adopt the
1646	1654		compact within four years of the date of adoption of the rule,
1647	1655		then the rule shall have no further force and effect in any
1648	1656		member state.
1649	1657		(e) Rules shall be adopted at a regular or special
1650	1658		meeting of the compact commission.
1651	1659		(f) Prior to adoption of a proposed rule, the compact
1652	1660		commission shall hold a public hearing and allow persons to
1653	1661		provide oral and written comments, data, facts, opinions, and
1654	1662		arguments.
1655	1663		(g) Prior to adoption of a proposed rule by the compact
1656	1664		commission, and at least 30 days in advance of the meeting at
1657	1665		which the compact commission will hold a public hearing on the
1658	1666		proposed rule, the compact commission shall provide a notice
1659		-	of proposed rulemaking:
1660		-	(1) On the website of the compact commission or other
1661		-	publicly accessible platform.
1662		-	(2) To individuals who have requested notice of the
1663		-	compact commission's notices of proposed rulemaking.
1664		-	(3) In such other ways as the compact commission may
1665		-	specify by rule.
1666		-	(h) The notice of proposed rulemaking shall include all
1667		-	of the following:
1668		-	(1) The time, date, and location of the public hearing
1669		-	at which the compact commission will hear public comments on
1670		-	the proposed rule and, if different, the time, date, and
1671	1667		785
1672	1668		786
1673	1669		787
1674	1670		788
1675	1671		789
1676	1672		790
1677	1673		791
1678	1674		792
1679	1675		793
1680	1676		794
1681	1677		795
1682	1678		796
1683	1679		797
1684	1680		798
1685	1681		799
1686	1682		800
1687	1683		801
1688	1684		802
1689	1685		803
1690	1686		804
1691	1687		805
1692	1688		806
1693	1689		807
1694	1690		808
1695	1691		809
1696	1692		810
1697	1693		811
1698		-	812 SB207 ~~Enrolled~~
	1694	+	812 SB207 INTRODUCED
1699	1695		Page 30
	1696	+	proposed rule, the compact commission shall provide a notice
	1697	+	of proposed rulemaking:
	1698	+	(1) On the website of the compact commission or other
	1699	+	publicly accessible platform.
	1700	+	(2) To individuals who have requested notice of the
	1701	+	compact commission's notices of proposed rulemaking.
	1702	+	(3) In such other ways as the compact commission may
	1703	+	specify by rule.
	1704	+	(h) The notice of proposed rulemaking shall include all
	1705	+	of the following:
	1706	+	(1) The time, date, and location of the public hearing
	1707	+	at which the compact commission will hear public comments on
1700	1708		the proposed rule and, if different, the time, date, and
1701	1709		location of the meeting where the compact commission will
1702	1710		consider and vote on the proposed rule.
1703	1711		(2) If the hearing is held via telecommunication, video
1704	1712		conference, or other means of communication, the compact
1705	1713		commission shall include the mechanism for access to the
1706	1714		hearing in the notice of proposed rulemaking.
1707	1715		(3) The text of the proposed rule and the reason
1708	1716		supporting it.
1709	1717		(4) A request for comments on the proposed rule from
1710	1718		any interested person.
1711	1719		(5) The manner in which interested persons may submit
1712	1720		written comments.
1713	1721		(i) All hearings shall be recorded. A copy of the
1714	1722		recording and all written comments and documents received by
1715	1723		the compact commission in response to the proposed rule shall
1716	1724		be available to the public.
1717		-	(j) Nothing in this section shall be construed as
1718		-	requiring a separate hearing on each rule. Rules may be
1719		-	grouped for the convenience of the compact commission at
1720		-	hearings required by this section.
1721		-	(k) The compact commission, by majority vote of all
1722		-	members, shall take final action on the proposed rule based on
1723		-	the rulemaking record and the full text of the rule.
1724		-	(1) The compact commission may adopt changes to the
1725		-	proposed rule provided the changes do not enlarge the original
1726		-	purpose of the proposed rule.
1727		-	(2) The compact commission shall provide an explanation
1728		-	of the reasons for substantive changes made to the proposed
1729	1725		813
1730	1726		814
1731	1727		815
1732	1728		816
1733	1729		817
1734	1730		818
1735	1731		819
1736	1732		820
1737	1733		821
1738	1734		822
1739	1735		823
1740	1736		824
1741	1737		825
1742	1738		826
1743	1739		827
1744	1740		828
1745	1741		829
1746	1742		830
1747	1743		831
1748	1744		832
1749	1745		833
1750	1746		834
1751	1747		835
1752	1748		836
1753	1749		837
1754	1750		838
1755	1751		839
1756		-	840 SB207 ~~Enrolled~~
	1752	+	840 SB207 INTRODUCED
1757	1753		Page 31
	1754	+	be available to the public.
	1755	+	(j) Nothing in this section shall be construed as
	1756	+	requiring a separate hearing on each rule. Rules may be
	1757	+	grouped for the convenience of the compact commission at
	1758	+	hearings required by this section.
	1759	+	(k) The compact commission, by majority vote of all
	1760	+	members, shall take final action on the proposed rule based on
	1761	+	the rulemaking record and the full text of the rule.
	1762	+	(1) The compact commission may adopt changes to the
	1763	+	proposed rule provided the changes do not enlarge the original
	1764	+	purpose of the proposed rule.
	1765	+	(2) The compact commission shall provide an explanation
1758	1766		of the reasons for substantive changes made to the proposed
1759	1767		rule, as well as reasons for substantive changes not made that
1760	1768		were recommended by commenters.
1761	1769		(3) The compact commission shall determine a reasonable
1762	1770		effective date for the rule. Except for an emergency as
1763	1771		provided in subsection (l), the effective date of the rule
1764	1772		shall be no sooner than 30 days after issuing the notice that
1765	1773		it adopted or amended the rule.
1766	1774		(l) Upon determination that an emergency exists, the
1767	1775		compact commission may consider and adopt an emergency rule
1768	1776		with 24-hours' notice, with opportunity to comment; provided,
1769	1777		that the usual rulemaking procedures provided in the compact
1770	1778		and in this section shall be retroactively applied to the rule
1771	1779		as soon as reasonably possible, in no event later than 90
1772	1780		days after the effective date of the rule. For the purposes of
1773	1781		this provision, an emergency rule is one that must be adopted
1774	1782		immediately in order to do all of the following:
1775		-	(1) Meet an imminent threat to public health, safety,
1776		-	or welfare.
1777		-	(2) Prevent a loss of compact commission or member
1778		-	state funds.
1779		-	(3) Meet a deadline for the adoption of a rule that is
1780		-	established by federal law or rule.
1781		-	(4) Protect public health and safety.
1782		-	(m) The compact commission or an authorized committee
1783		-	of the compact commission may direct revision to a previously
1784		-	adopted rule for purposes of correcting typographical errors,
1785		-	errors in format, errors in consistency, or grammatical
1786		-	errors. Public notice of any revision shall be posted on the
1787	1783		841
1788	1784		842
1789	1785		843
1790	1786		844
1791	1787		845
1792	1788		846
1793	1789		847
1794	1790		848
1795	1791		849
1796	1792		850
1797	1793		851
1798	1794		852
1799	1795		853
1800	1796		854
1801	1797		855
1802	1798		856
1803	1799		857
1804	1800		858
1805	1801		859
1806	1802		860
1807	1803		861
1808	1804		862
1809	1805		863
1810	1806		864
1811	1807		865
1812	1808		866
1813	1809		867
1814		-	868 SB207 ~~Enrolled~~
	1810	+	868 SB207 INTRODUCED
1815	1811		Page 32
	1812	+	immediately in order to do all of the following:
	1813	+	(1) Meet an imminent threat to public health, safety,
	1814	+	or welfare.
	1815	+	(2) Prevent a loss of compact commission or member
	1816	+	state funds.
	1817	+	(3) Meet a deadline for the adoption of a rule that is
	1818	+	established by federal law or rule.
	1819	+	(4) Protect public health and safety.
	1820	+	(m) The compact commission or an authorized committee
	1821	+	of the compact commission may direct revision to a previously
	1822	+	adopted rule for purposes of correcting typographical errors,
	1823	+	errors in format, errors in consistency, or grammatical
1816	1824		errors. Public notice of any revision shall be posted on the
1817	1825		website of the compact commission. The revision shall be
1818	1826		subject to challenge by any person for a period of 30 days
1819	1827		after posting. The revision may be challenged only on grounds
1820	1828		that the revision results in a material change to a rule. A
1821	1829		challenge shall be made in writing and delivered to the
1822	1830		compact commission prior to the end of the notice period. If
1823	1831		no challenge is made, the revision will take effect without
1824	1832		further action. If the revision is challenged, the revision
1825	1833		may not take effect without the approval of the compact
1826	1834		commission.
1827	1835		(n) No member state's rulemaking requirements shall
1828	1836		apply under this compact.
1829	1837		§34-34B-11 Oversight, Dispute Resolution, and
1830	1838		Enforcement.
1831	1839		(a) Oversight.
1832	1840		(1) The executive and judicial branches of state
1833		-	government in each member state shall enforce this compact and
1834		-	take all actions necessary and appropriate to implement this
1835		-	compact.
1836		-	(2) Except as otherwise provided in this compact, venue
1837		-	is proper and judicial proceedings by or against the compact
1838		-	commission shall be brought solely and exclusively in a court
1839		-	of competent jurisdiction where the principal office of the
1840		-	compact commission is located. The compact commission may
1841		-	waive venue and jurisdictional defenses to the extent it
1842		-	adopts or consents to participate in alternative dispute
1843		-	resolution proceedings. Nothing in this section shall affect
1844		-	or limit the selection or propriety of venue in any action
1845	1841		869
1846	1842		870
1847	1843		871
1848	1844		872
1849	1845		873
1850	1846		874
1851	1847		875
1852	1848		876
1853	1849		877
1854	1850		878
1855	1851		879
1856	1852		880
1857	1853		881
1858	1854		882
1859	1855		883
1860	1856		884
1861	1857		885
1862	1858		886
1863	1859		887
1864	1860		888
1865	1861		889
1866	1862		890
1867	1863		891
1868	1864		892
1869	1865		893
1870	1866		894
1871	1867		895
1872		-	896 SB207 ~~Enrolled~~
	1868	+	896 SB207 INTRODUCED
1873	1869		Page 33
	1870	+	(1) The executive and judicial branches of state
	1871	+	government in each member state shall enforce this compact and
	1872	+	take all actions necessary and appropriate to implement this
	1873	+	compact.
	1874	+	(2) Except as otherwise provided in this compact, venue
	1875	+	is proper and judicial proceedings by or against the compact
	1876	+	commission shall be brought solely and exclusively in a court
	1877	+	of competent jurisdiction where the principal office of the
	1878	+	compact commission is located. The compact commission may
	1879	+	waive venue and jurisdictional defenses to the extent it
	1880	+	adopts or consents to participate in alternative dispute
	1881	+	resolution proceedings. Nothing in this section shall affect
1874	1882		or limit the selection or propriety of venue in any action
1875	1883		against a licensee for professional malpractice, misconduct,
1876	1884		or any similar matter.
1877	1885		(3) The compact commission shall be entitled to receive
1878	1886		service of process in any proceeding regarding the enforcement
1879	1887		or interpretation of the compact and shall have standing to
1880	1888		intervene in such a proceeding for all purposes. Failure to
1881	1889		provide the compact commission service of process shall render
1882	1890		a judgment or order void as to the compact commission, this
1883	1891		compact, or adopted rules.
1884	1892		(b) Default, technical assistance, and termination.
1885	1893		(1) If the compact commission determines that a member
1886	1894		state has defaulted in the performance of its obligations or
1887	1895		responsibilities under this compact or the adopted rules, the
1888	1896		compact commission shall provide written notice to the
1889	1897		defaulting state. The notice of default shall describe the
1890	1898		default, the proposed means of curing the default, any other
1891		-	action that the compact commission may take, and shall offer
1892		-	training and specific technical assistance regarding the
1893		-	default.
1894		-	(2) The compact commission shall provide a copy of the
1895		-	notice of default to the other member states.
1896		-	(c) If a state in default fails to cure the default,
1897		-	the defaulting state may be terminated from the compact upon
1898		-	an affirmative vote of a majority of the delegates of the
1899		-	member states, and all rights, privileges, and benefits
1900		-	conferred on that state by this compact may be terminated on
1901		-	the effective date of termination. A cure of the default does
1902		-	not relieve the offending state of obligations or liabilities
1903	1899		897
1904	1900		898
1905	1901		899
1906	1902		900
1907	1903		901
1908	1904		902
1909	1905		903
1910	1906		904
1911	1907		905
1912	1908		906
1913	1909		907
1914	1910		908
1915	1911		909
1916	1912		910
1917	1913		911
1918	1914		912
1919	1915		913
1920	1916		914
1921	1917		915
1922	1918		916
1923	1919		917
1924	1920		918
1925	1921		919
1926	1922		920
1927	1923		921
1928	1924		922
1929	1925		923
1930		-	924 SB207 ~~Enrolled~~
	1926	+	924 SB207 INTRODUCED
1931	1927		Page 34
	1928	+	default, the proposed means of curing the default, any other
	1929	+	action that the compact commission may take, and shall offer
	1930	+	training and specific technical assistance regarding the
	1931	+	default.
	1932	+	(2) The compact commission shall provide a copy of the
	1933	+	notice of default to the other member states.
	1934	+	(c) If a state in default fails to cure the default,
	1935	+	the defaulting state may be terminated from the compact upon
	1936	+	an affirmative vote of a majority of the delegates of the
	1937	+	member states, and all rights, privileges, and benefits
	1938	+	conferred on that state by this compact may be terminated on
	1939	+	the effective date of termination. A cure of the default does
1932	1940		not relieve the offending state of obligations or liabilities
1933	1941		incurred during the period of default.
1934	1942		(d) Termination of membership in the compact shall be
1935	1943		imposed only after all other means of securing compliance have
1936	1944		been exhausted. Notice of intent to suspend or terminate shall
1937	1945		be given by the compact commission to the governor, the
1938	1946		majority and minority leaders of the defaulting state's
1939	1947		legislature, the defaulting state's licensing authority, and
1940	1948		each of the member states' licensing authority.
1941	1949		(e) A state that has been terminated is responsible for
1942	1950		all assessments, obligations, and liabilities incurred through
1943	1951		the effective date of termination, including obligations that
1944	1952		extend beyond the effective date of termination.
1945	1953		(f) Upon the termination of a state's membership from
1946	1954		this compact, that state shall immediately provide notice to
1947	1955		all licensees within that state of such termination. The
1948	1956		terminated state shall continue to recognize all compact
1949		-	privileges granted pursuant to this compact for a minimum of
1950		-	six months after the date of the notice of termination.
1951		-	(g) The compact commission shall not bear any costs
1952		-	related to a state that is found to be in default or that has
1953		-	been terminated from the compact, unless agreed upon in
1954		-	writing between the compact commission and the defaulting
1955		-	state.
1956		-	(h) The defaulting state may appeal the action of the
1957		-	compact commission by petitioning the United States District
1958		-	Court for the District of Columbia or the federal district
1959		-	where the compact commission has its principal offices. The
1960		-	prevailing party shall be awarded all costs of litigation,
1961	1957		925
1962	1958		926
1963	1959		927
1964	1960		928
1965	1961		929
1966	1962		930
1967	1963		931
1968	1964		932
1969	1965		933
1970	1966		934
1971	1967		935
1972	1968		936
1973	1969		937
1974	1970		938
1975	1971		939
1976	1972		940
1977	1973		941
1978	1974		942
1979	1975		943
1980	1976		944
1981	1977		945
1982	1978		946
1983	1979		947
1984	1980		948
1985	1981		949
1986	1982		950
1987	1983		951
1988		-	952 SB207 ~~Enrolled~~
	1984	+	952 SB207 INTRODUCED
1989	1985		Page 35
	1986	+	terminated state shall continue to recognize all compact
	1987	+	privileges granted pursuant to this compact for a minimum of
	1988	+	six months after the date of the notice of termination.
	1989	+	(g) The compact commission shall not bear any costs
	1990	+	related to a state that is found to be in default or that has
	1991	+	been terminated from the compact, unless agreed upon in
	1992	+	writing between the compact commission and the defaulting
	1993	+	state.
	1994	+	(h) The defaulting state may appeal the action of the
	1995	+	compact commission by petitioning the United States District
	1996	+	Court for the District of Columbia or the federal district
	1997	+	where the compact commission has its principal offices. The
1990	1998		prevailing party shall be awarded all costs of litigation,
1991	1999		including reasonable attorney fees.
1992	2000		(i) Dispute resolution.
1993	2001		(1) Upon request by a member state, the compact
1994	2002		commission shall attempt to resolve disputes related to the
1995	2003		compact that arise among member states and between member and
1996	2004		non-member states.
1997	2005		(2) The compact commission shall adopt a rule providing
1998	2006		for both mediation and binding dispute resolution for disputes
1999	2007		as appropriate.
2000	2008		(j) Enforcement.
2001	2009		(1) By super majority vote, the compact commission may
2002	2010		initiate legal action against a member state in default in the
2003	2011		United States District Court for the District of Columbia or
2004	2012		the federal district where the compact commission has its
2005	2013		principal offices to enforce compliance with the provisions of
2006	2014		the compact and its adopted rules. The relief sought may
2007		-	include both injunctive relief and damages. In the event
2008		-	judicial enforcement is necessary, the prevailing party shall
2009		-	be awarded all costs of litigation, including reasonable
2010		-	attorney fees. The remedies herein shall not be the exclusive
2011		-	remedies of the compact commission. The compact commission may
2012		-	pursue any other remedies available under federal or the
2013		-	defaulting member state's law.
2014		-	(2) A member state may initiate legal action against
2015		-	the compact commission in the United States District Court for
2016		-	the District of Columbia or the federal district where the
2017		-	compact commission has its principal offices to enforce
2018		-	compliance with the provisions of the compact and its adopted
2019	2015		953
2020	2016		954
2021	2017		955
2022	2018		956
2023	2019		957
2024	2020		958
2025	2021		959
2026	2022		960
2027	2023		961
2028	2024		962
2029	2025		963
2030	2026		964
2031	2027		965
2032	2028		966
2033	2029		967
2034	2030		968
2035	2031		969
2036	2032		970
2037	2033		971
2038	2034		972
2039	2035		973
2040	2036		974
2041	2037		975
2042	2038		976
2043	2039		977
2044	2040		978
2045	2041		979
2046		-	980 SB207 ~~Enrolled~~
	2042	+	980 SB207 INTRODUCED
2047	2043		Page 36
	2044	+	the compact and its adopted rules. The relief sought may
	2045	+	include both injunctive relief and damages. In the event
	2046	+	judicial enforcement is necessary, the prevailing party shall
	2047	+	be awarded all costs of litigation, including reasonable
	2048	+	attorney fees. The remedies herein shall not be the exclusive
	2049	+	remedies of the compact commission. The compact commission may
	2050	+	pursue any other remedies available under federal or the
	2051	+	defaulting member state's law.
	2052	+	(2) A member state may initiate legal action against
	2053	+	the compact commission in the United States District Court for
	2054	+	the District of Columbia or the federal district where the
	2055	+	compact commission has its principal offices to enforce
2048	2056		compliance with the provisions of the compact and its adopted
2049	2057		rules. The relief sought may include both injunctive relief
2050	2058		and damages. In the event judicial enforcement is necessary,
2051	2059		the prevailing party shall be awarded all costs of such
2052	2060		litigation, including reasonable attorney fees.
2053	2061		(3) No party other than a member state shall enforce
2054	2062		this compact against the compact commission.
2055	2063		§34-34B-12. Effective Date, Withdrawal, and Amendment.
2056	2064		(a) The compact shall come into effect on the date on
2057	2065		which the compact statute is enacted into law in the seventh
2058	2066		member state.
2059	2067		(1) On or after the effective date of the compact, the
2060	2068		compact commission shall convene and review the enactment of
2061	2069		each of the first seven member states referred to as "charter
2062	2070		member states", to determine if the statute enacted by each
2063	2071		such charter member state is materially different than the
2064	2072		model compact statute.
2065		-	a. A charter member state whose enactment is found to
2066		-	be materially different from the model compact statute shall
2067		-	be entitled to the default process set forth in Section
2068		-	34-34B-11.
2069		-	b. If any member state is later found to be in default,
2070		-	is terminated, or withdraws from the compact, the compact
2071		-	commission shall remain in existence and the compact shall
2072		-	remain in effect even if the number of member states should be
2073		-	less than seven.
2074		-	(2) Member states enacting the compact subsequent to
2075		-	the seven initial charter member states shall be subject to
2076		-	the process set forth in Section 34-34B-8(c)(21) to determine
2077	2073		981
2078	2074		982
2079	2075		983
2080	2076		984
2081	2077		985
2082	2078		986
2083	2079		987
2084	2080		988
2085	2081		989
2086	2082		990
2087	2083		991
2088	2084		992
2089	2085		993
2090	2086		994
2091	2087		995
2092	2088		996
2093	2089		997
2094	2090		998
2095	2091		999
2096	2092		1000
2097	2093		1001
2098	2094		1002
2099	2095		1003
2100	2096		1004
2101	2097		1005
2102	2098		1006
2103	2099		1007
2104		-	1008 SB207 ~~Enrolled~~
	2100	+	1008 SB207 INTRODUCED
2105	2101		Page 37
	2102	+	model compact statute.
	2103	+	a. A charter member state whose enactment is found to
	2104	+	be materially different from the model compact statute shall
	2105	+	be entitled to the default process set forth in Section
	2106	+	34-34B-11.
	2107	+	b. If any member state is later found to be in default,
	2108	+	is terminated, or withdraws from the compact, the compact
	2109	+	commission shall remain in existence and the compact shall
	2110	+	remain in effect even if the number of member states should be
	2111	+	less than seven.
	2112	+	(2) Member states enacting the compact subsequent to
	2113	+	the seven initial charter member states shall be subject to
2106	2114		the process set forth in Section 34-34B-8(c)(21) to determine
2107	2115		if their enactments are materially different from the model
2108	2116		compact statute and whether they qualify for participation in
2109	2117		the compact.
2110	2118		(3) All actions taken for the benefit of the compact
2111	2119		commission or in furtherance of the purposes of the
2112	2120		administration of the compact prior to the effective date of
2113	2121		the compact or the compact commission coming into existence
2114	2122		shall be considered to be actions of the compact commission
2115	2123		unless specifically repudiated by the compact commission.
2116	2124		(4) Any state that joins the compact subsequent to the
2117	2125		compact commission's initial adoption of the rules and bylaws
2118	2126		shall be subject to the rules and bylaws as they exist on the
2119	2127		date on which the compact becomes law in that state. Any rule
2120	2128		that has been previously adopted by the compact commission
2121	2129		shall have the full force and effect of law on the day the
2122	2130		compact becomes law in that state.
2123		-	(b) Any member state may withdraw from this compact by
2124		-	enacting a statute to repeal it.
2125		-	(1) A member state's withdrawal shall not take effect
2126		-	until 180 days after enactment of the repealing statute.
2127		-	(2) Withdrawal shall not affect the continuing
2128		-	requirement of the withdrawing state's licensing authority to
2129		-	comply with the investigative and adverse action reporting
2130		-	requirements of this compact prior to the effective date of
2131		-	withdrawal.
2132		-	(3) Upon the enactment of a state withdrawing from this
2133		-	compact, a state shall immediately provide notice of the
2134		-	withdrawal to all licensees within that state. Notwithstanding
2135	2131		1009
2136	2132		1010
2137	2133		1011
2138	2134		1012
2139	2135		1013
2140	2136		1014
2141	2137		1015
2142	2138		1016
2143	2139		1017
2144	2140		1018
2145	2141		1019
2146	2142		1020
2147	2143		1021
2148	2144		1022
2149	2145		1023
2150	2146		1024
2151	2147		1025
2152	2148		1026
2153	2149		1027
2154	2150		1028
2155	2151		1029
2156	2152		1030
2157	2153		1031
2158	2154		1032
2159	2155		1033
2160	2156		1034
2161	2157		1035
2162		-	1036 SB207 ~~Enrolled~~
	2158	+	1036 SB207 INTRODUCED
2163	2159		Page 38
	2160	+	compact becomes law in that state.
	2161	+	(b) Any member state may withdraw from this compact by
	2162	+	enacting a statute to repeal it.
	2163	+	(1) A member state's withdrawal shall not take effect
	2164	+	until 180 days after enactment of the repealing statute.
	2165	+	(2) Withdrawal shall not affect the continuing
	2166	+	requirement of the withdrawing state's licensing authority to
	2167	+	comply with the investigative and adverse action reporting
	2168	+	requirements of this compact prior to the effective date of
	2169	+	withdrawal.
	2170	+	(3) Upon the enactment of a state withdrawing from this
	2171	+	compact, a state shall immediately provide notice of the
2164	2172		withdrawal to all licensees within that state. Notwithstanding
2165	2173		any subsequent statutory enactment to the contrary, the
2166	2174		withdrawing state shall continue to recognize all compact
2167	2175		privileges granted pursuant to this compact for a minimum of
2168	2176		180 days after the date of such notice of withdrawal.
2169	2177		(c) Nothing contained in this compact shall be
2170	2178		construed to invalidate or prevent any licensure agreement or
2171	2179		other cooperative arrangement between a member state and a
2172	2180		non-member state that does not conflict with the provisions of
2173	2181		this compact.
2174	2182		(d) This compact may be amended by the member states.
2175	2183		No amendment to this compact shall become effective and
2176	2184		binding upon any member state until it is enacted into the
2177	2185		laws of all member states.
2178	2186		§34-34B-13. Construction and Severability.
2179	2187		(a) This compact and the compact commission's
2180	2188		rulemaking authority shall be liberally construed so as to
2181		-	effectuate the purposes, implementation, and administration of
2182		-	the compact. Provisions of the compact expressly authorizing
2183		-	or requiring the adoption of rules shall not be construed to
2184		-	limit the compact commission's rulemaking authority solely for
2185		-	those purposes.
2186		-	(b) The provisions of this compact shall be severable
2187		-	and if any phrase, clause, sentence, or provision of this
2188		-	compact is held by a court of competent jurisdiction to be
2189		-	contrary to the constitution of any member state, a state
2190		-	seeking participation in the compact, or of the United States,
2191		-	or the applicability to any government, agency, person, or
2192		-	circumstance is held to be unconstitutional by a court of
2193	2189		1037
2194	2190		1038
2195	2191		1039
2196	2192		1040
2197	2193		1041
2198	2194		1042
2199	2195		1043
2200	2196		1044
2201	2197		1045
2202	2198		1046
2203	2199		1047
2204	2200		1048
2205	2201		1049
2206	2202		1050
2207	2203		1051
2208	2204		1052
2209	2205		1053
2210	2206		1054
2211	2207		1055
2212	2208		1056
2213	2209		1057
2214	2210		1058
2215	2211		1059
2216	2212		1060
2217	2213		1061
2218	2214		1062
2219	2215		1063
2220		-	1064 SB207 ~~Enrolled~~
	2216	+	1064 SB207 INTRODUCED
2221	2217		Page 39
	2218	+	rulemaking authority shall be liberally construed so as to
	2219	+	effectuate the purposes, implementation, and administration of
	2220	+	the compact. Provisions of the compact expressly authorizing
	2221	+	or requiring the adoption of rules shall not be construed to
	2222	+	limit the compact commission's rulemaking authority solely for
	2223	+	those purposes.
	2224	+	(b) The provisions of this compact shall be severable
	2225	+	and if any phrase, clause, sentence, or provision of this
	2226	+	compact is held by a court of competent jurisdiction to be
	2227	+	contrary to the constitution of any member state, a state
	2228	+	seeking participation in the compact, or of the United States,
	2229	+	or the applicability to any government, agency, person, or
2222	2230		circumstance is held to be unconstitutional by a court of
2223	2231		competent jurisdiction, the validity of the remainder of this
2224	2232		compact and the applicability to any other government, agency,
2225	2233		person, or circumstance shall not be affected.
2226	2234		(c) Notwithstanding subsection (b), the compact
2227	2235		commission may deny a state's participation in the compact or,
2228	2236		in accordance with the requirements of Section 34-34B-11(b),
2229	2237		terminate a member state's participation in the compact, if it
2230	2238		determines that a constitutional requirement of a member state
2231	2239		is a material departure from the compact. Otherwise, if this
2232	2240		compact shall be held to be contrary to the constitution of
2233	2241		any member state, the compact shall remain in full force and
2234	2242		effect as to the remaining member states and in full force and
2235	2243		effect as to the member state affected as to all severable
2236	2244		matters.
2237	2245		§34-34B-14. Consistent Effect and Conflict With Other
2238	2246		State Laws.
2239		-	(a) Nothing in this compact shall prevent or inhibit
2240		-	the enforcement of any other law of a member state that is not
2241		-	inconsistent with the compact.
2242		-	(b) Any laws, statutes, rules, or other legal
2243		-	requirements in a member state in conflict with the compact
2244		-	are superseded to the extent of the conflict.
2245		-	(c) All permissible agreements between the compact
2246		-	commission and the member states are binding in accordance
2247		-	with their terms.
2248		-	§34-34B-15. Judicial Proceedings by Individuals.
2249		-	Except as to judicial proceedings for the enforcement
2250		-	of this compact among member states, individuals may pursue
2251	2247		1065
2252	2248		1066
2253	2249		1067
2254	2250		1068
2255	2251		1069
2256	2252		1070
2257	2253		1071
2258	2254		1072
2259	2255		1073
2260	2256		1074
2261	2257		1075
2262	2258		1076
2263	2259		1077
2264	2260		1078
2265	2261		1079
2266	2262		1080
2267	2263		1081
2268	2264		1082
2269	2265		1083
2270	2266		1084
2271	2267		1085
2272	2268		1086
2273	2269		1087
2274	2270		1088
2275	2271		1089
2276	2272		1090
2277	2273		1091
2278		-	1092 SB207 ~~Enrolled~~
	2274	+	1092 SB207 INTRODUCED
2279	2275		Page 40
	2276	+	State Laws.
	2277	+	(a) Nothing in this compact shall prevent or inhibit
	2278	+	the enforcement of any other law of a member state that is not
	2279	+	inconsistent with the compact.
	2280	+	(b) Any laws, statutes, rules, or other legal
	2281	+	requirements in a member state in conflict with the compact
	2282	+	are superseded to the extent of the conflict.
	2283	+	(c) All permissible agreements between the compact
	2284	+	commission and the member states are binding in accordance
	2285	+	with their terms.
	2286	+	§34-34B-15. Judicial Proceedings by Individuals.
	2287	+	Except as to judicial proceedings for the enforcement
2280	2288		of this compact among member states, individuals may pursue
2281	2289		judicial proceedings related to this compact in any Alabama
2282	2290		state or federal court that would otherwise have competent
2283	2291		jurisdiction.
2284	2292		Section 2. This act shall become effective on October
2285	2293		1, 2024.
2286	2294		1093
2287	2295		1094
2288	2296		1095
2289	2297		1096
2290		-	1097 SB207 Enrolled
2291		-	Page 41
2292		-	1, 2024.
2293		-	________________________________________________
2294		-	President and Presiding Officer of the Senate
2295		-	________________________________________________
2296		-	Speaker of the House of Representatives
2297		-	SB207
2298		-	Senate 11-Apr-24
2299		-	I hereby certify that the within Act originated in and passed
2300		-	the Senate.
2301		-	Patrick Harris,
2302		-	Secretary.
2303		-	House of Representatives
2304		-	Passed: 08-May-24
2305		-	By: Senator Hatcher
	2298	+	1097
2306	2299		1098
2307	2300		1099
2308	2301		1100
2309	2302		1101
2310	2303		1102
2311	2304		1103
2312	2305		1104
2313	2306		1105
2314	2307		1106
2315	2308		1107
2316	2309		1108
2317	2310		1109
2318		-	1110
2319		-	1111
2320		-	1112
2321		-	1113
2322		-	1114
2323		-	1115
2324		-	1116
2325		-	1117
2326		-	1118
2327		-	1119
2328		-	1120
2329		-	1121
2330		-	1122
2331		-	1123
2332		-	1124
2333		-	1125
2334		-	1126
2335		-	1127
2336		-	1128
2337		-	1129
2338		-	1130