SB207ENROLLED
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SB207
YCQ8626-2
By Senators Hatcher, Jones, Smitherman, Butler, Allen, Givhan,
Melson, Sessions, Carnley, Bell, Kelley, Shelnutt, Kitchens,
Stutts, Elliott, Roberts, Waggoner, Orr, Stewart, Coleman,
Coleman-Madison, Beasley
RFD: Veterans and Military Affairs
First Read: 06-Mar-24
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First Read: 06-Mar-24
Enrolled, An Act,
Relating to the Alabama Board of Examiners for
Dietetics/Nutrition Practice; to enter into the Dietician
Licensure Compact by adopting Chapter 34B of Title 34, Code of
Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Chapter 34B, commencing with Section
34-34B-1, is added to Title 34, Code of Alabama 1975, to read
as follows:
CHAPTER 34B. DIETITIAN LICENSURE COMPACT
§34-34B-1. Purpose.
(a) The purpose of this compact is to facilitate
interstate practice of dietetics with the goal of improving
public access to dietetics services. This compact preserves
the regulatory authority of states to protect public health
and safety through the current system of state licensure,
while also providing for licensure portability through a
compact privilege granted to qualifying professionals.
(b) This compact is designed to achieve the following
objectives:
(1) Increase public access to dietetics services.
(2) Provide opportunities for interstate practice by
licensed dietitians who meet uniform requirements.
(3) Eliminate the necessity for licenses in multiple
states.
(4) Reduce the administrative burden on member states
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(4) Reduce the administrative burden on member states
and licensees.
(5) Enhance the states' ability to protect the public's
health and safety.
(6) Encourage the cooperation of member states in
regulating multistate practice of licensed dietitians.
(7) Support relocating active military members and
their spouses.
(8) Enhance the exchange of licensure, investigative,
and disciplinary information among member states.
(9) Vest all member states with the authority to hold a
licensed dietitian accountable for meeting all state practice
laws in the state in which the patient is located at the time
care is rendered.
§34-34B-2. Definitions.
As used in this compact, the following terms have the
following meanings:
(1) ACEND. The Accreditation Council for Education in
Nutrition and Dietetics or its successor organization.
(2) ACTIVE MILITARY MEMBER. Any individual with
full-time duty status in the active armed forces of the United
States, including members of the National Guard and Reserve.
(3) ADVERSE ACTION. Any administrative, civil,
equitable, or criminal action permitted by a state's laws
which is imposed by a licensing authority or other authority
against a licensee, including actions against an individual's
license or compact privilege such as revocation, suspension,
probation, monitoring of the licensee, limitation on the
licensee's practice, or any other encumbrance on a licensure
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licensee's practice, or any other encumbrance on a licensure
affecting a licensee's authorization to practice, including
issuance of a cease and desist action.
(4) ALTERNATIVE PROGRAM. A nondisciplinary monitoring
or practice remediation process approved by a licensing
authority.
(5) CDR. The Commission on Dietetic Registration or its
successor organization.
(6) CHARTER MEMBER STATE. Any member state which
enacted this compact by law before the effective date
specified in Section 34-34B-12.
(7) COMPACT COMMISSION. The governmental agency whose
membership consists of all states that have enacted this
compact, which is known as the Dietitian Licensure Compact
Commission, as described in Section 34-34B-8, and which shall
operate as an instrumentality of the member states.
(8) COMPACT PRIVILEGE. A legal authorization, which is
equivalent to a license, permitting the practice of dietetics
in a remote state.
(9) CONTINUING EDUCATION. A requirement, as a condition
of license renewal, to provide evidence of participation in,
and completion of, educational and professional activities
relevant to practice or area of work.
(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION.
a. Investigative information that a licensing
authority, after a preliminary inquiry that includes
notification and an opportunity for the subject licensee to
respond, if required by state law, has reason to believe is
not groundless and, if proved true, would indicate more than a
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not groundless and, if proved true, would indicate more than a
minor infraction.
b. Investigative information that indicates that the
subject licensee represents an immediate threat to public
health and safety regardless of whether he or she has been
notified and had an opportunity to respond.
(11) DATA SYSTEM. A repository of information about
licensees, including, but not limited to, continuing
education, examination, licensure, investigative, compact
privilege, and adverse action information.
(12) ENCUMBERED LICENSE. A license in which an adverse
action restricts a licensee's ability to practice dietetics.
(13) ENCUMBRANCE. A revocation or suspension of, or any
limitation on a licensee's full and unrestricted practice of
dietetics by a licensing authority.
(14) EXECUTIVE COMMITTEE. A group of delegates elected
or appointed to act on behalf of, and within the powers
granted to them by, this compact and the compact commission.
(15) HOME STATE. The member state that is the
licensee's primary state of residence or that has been
designated pursuant to Section 34-34B-6.
(16) INVESTIGATIVE INFORMATION. Information, records,
and documents received or generated by a licensing authority
pursuant to an investigation.
(17) JURISPRUDENCE REQUIREMENT. An assessment of an
individual's knowledge of the state laws and rules governing
the practice of dietetics in such state.
(18) LICENSE. An authorization from a member state to
do one of the following:
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do one of the following:
a. Engage in the practice of dietetics, including
medical nutrition therapy.
b. Use the title "dietitian," "licensed dietitian,"
"licensed dietitian nutritionist," "certified dietitian," or
other title describing a substantially similar practitioner as
the compact commission may further define by rule.
(19) LICENSEE or LICENSED DIETITIAN. An individual who
currently holds a license and who meets all of the
requirements outlined in Section 34-34B-4.
(20) LICENSING AUTHORITY. The board or agency of a
state, or equivalent, that is responsible for the licensing
and regulation of the practice of dietetics.
(21) MEMBER STATE. A state that has enacted the
compact.
(22) PRACTICE OF DIETETICS. The synthesis and
application of dietetics, primarily for the provision of
nutrition care services, including medical nutrition therapy,
in person or via telehealth, to prevent, manage, or treat
diseases or medical conditions and promote wellness.
(23) REGISTERED DIETITIAN. A person who meets all of
the following requirements:
a. Has completed applicable education, experience,
examination, and recertification requirements approved by CDR.
b. Is credentialed by CDR as a registered dietitian or
a registered dietitian nutritionist.
c. Is legally authorized to use the title registered
dietitian or registered dietitian nutritionist and the
corresponding abbreviations "RD" or "RDN."
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corresponding abbreviations "RD" or "RDN."
(24) REMOTE STATE. A member state other than the home
state, where a licensee is exercising or seeking to exercise a
compact privilege.
(25) RULE. A regulation adopted by the compact
commission that has the force of law.
(26) SINGLE-STATE LICENSE. A license issued by a member
state within the issuing state. The term does not include a
compact privilege in any other member state.
(27) STATE. Any state, commonwealth, district, or
territory of the United States of America.
(28) UNENCUMBERED LICENSE. A license that authorizes a
licensee to engage in the full and unrestricted practice of
dietetics.
§34-34B-3. State Participation in the Compact.
(a) To participate in the compact, a state must
currently license and regulate the practice of dietetics and
have a mechanism in place for receiving and investigating
complaints about licensees.
(b) A member state shall do all of the following:
(1) Participate fully in the compact commission's data
system, including using the unique identifier as defined in
rules.
(2) Notify the compact commission, in compliance with
the terms of the compact and rules, of any adverse action or
the availability of current significant investigative
information regarding a licensee.
(3) Implement or utilize procedures for considering the
criminal history record information of applicants for an
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criminal history record information of applicants for an
initial compact privilege. These procedures shall include the
submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the
Federal Bureau of Investigation and the agency responsible for
retaining that state's criminal records.
a. A member state must fully implement a criminal
history record information requirement, within a timeframe
established by rule, which includes receiving the results of
the Federal Bureau of Investigation record search and shall
use those results in determining compact privilege
eligibility.
b. Communication between a member state and the compact
commission or among member states regarding the verification
of eligibility for a compact privilege shall not include any
information received from the Federal Bureau of Investigation
relating to a federal criminal history record information
check performed by a member state.
(4) Comply with and enforce the rules of the compact
commission.
(5) Require an applicant for a compact privilege to
obtain or retain a license in the licensee's home state and
meet the home state's qualifications for licensure or renewal
of licensure, as well as all other applicable state laws.
(6) Recognize a compact privilege granted to a licensee
who meets all of the requirements outlined in Section 34-34B-4
in accordance with the terms of the compact and rules.
(c) Member states may set and collect a fee for
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(c) Member states may set and collect a fee for
granting a compact privilege.
(d) Individuals not residing in a member state shall
continue to be able to apply for a member state's single state
license as provided under the laws of each member state.
However, the single state license granted to these individuals
shall not be recognized as granting a compact privilege to
engage in the practice of dietetics in any other member state.
(e) Nothing in this compact shall affect the
requirements established by a member state for the issuance of
a single state license.
(f) At no point shall the compact commission have the
power to define the requirements for the issuance of a single
state license to practice dietetics. The member states shall
retain sole jurisdiction over the provision of these
requirements.
§34-34B-4. Compact Privilege.
(a) To exercise the compact privilege under the terms
and provisions of the compact, the licensee shall do all of
the following:
(1) The licensee must do one of the following:
a. Hold a valid current registration that gives the
applicant the right to use the term "registered dietitian."
b. Complete all of the following:
1. An education program which is either:
(i) A master's degree or doctoral degree that is
programatically accredited by ACEND or any other dietetics
accrediting agency recognized by the United States Department
of Education, which the compact commission may determine by
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of Education, which the compact commission may determine by
rule, and from a college or university accredited at the time
of graduation by the appropriate regional accrediting agency
recognized by the Council on Higher Education Accreditation
and the United States Department of Education.
(ii) An academic degree from a college or university in
a foreign country equivalent to the degree described in Item
(i) that is programmatically accredited by ACEND or any other
dietetics accrediting agency recognized by the United States
Department of Education, which the compact commission may
determine by rule.
2. A planned, documented, and supervised practice
experience in dietetics that is programmatically accredited by
ACEND or any other dietetics accrediting agency recognized by
the United States Department of Education which the compact
commission may determine by rule and which involves at least
1000 hours of practice experience under the supervision of a
registered dietitian or a licensed dietitian.
3. Successful completion of either the Registration
Examination for Dietitians administered by CDR or a national
credentialing examination for dietitians approved by the
compact commission by rule; provided, the completion must be
no more than five years prior to the date of the licensee's
application for initial licensure and accompanied by a period
of continuous licensure thereafter, all of which may be
further governed by the rules of the compact commission.
(2) Hold an unencumbered license in the home state.
(3) Notify the compact commission that the licensee is
seeking a compact privilege within one or more remote states.
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seeking a compact privilege within one or more remote states.
(4) Pay any applicable fees, including any state fee,
for the compact privilege.
(5) Meet any jurisprudence requirements established by
the remote state in which the licensee is seeking a compact
privilege.
(6) Report to the compact commission any adverse
action, encumbrance, or restriction on a license taken by any
non-member state within 30 days from the date the action is
taken.
(b) The compact privilege is valid until the expiration
date of the home state license. To maintain a compact
privilege, renewal of the compact privilege shall be congruent
with the renewal of the home state license as the compact
commission may define by rule. The licensee must comply with
the requirements of subsection (a) to maintain the compact
privilege in the remote state.
(c) A licensee exercising a compact privilege shall
adhere to the laws and rules of the remote state. Licensees
shall be responsible for educating themselves on, and
complying with, any and all state laws relating to the
practice of dietetics in the remote state.
(d) Notwithstanding anything to the contrary provided
in this compact or state law, a licensee exercising a compact
privilege shall not be required to complete continuing
education requirements required by a remote state. A licensee
exercising a compact privilege is only required to meet any
continuing education requirements as required by the home
state.
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state.
§34-34B-5. Obtaining a New Home State License Based on
a Compact Privilege.
(a) A licensee may hold a home state license, which
allows for a compact privilege in other member states, in only
one member state at a time.
(b) If a licensee changes his or her home state by
moving between two member states:
(1) The licensee shall file an application for
obtaining a new home state license based on a compact
privilege, pay all applicable fees, and notify the current and
new home state in accordance with the rules of the compact
commission.
(2) Upon receipt of an application for obtaining a new
home state license by virtue of a compact privilege, the new
home state shall verify that the licensee meets the criteria
in Section 34-34B-4 via the data system and require that the
licensee complete all of the following:
a. Federal Bureau of Investigation fingerprint-based
criminal history record information check.
b. Any other criminal history record information
required by the new home state.
c. Any jurisprudence requirements of the new home
state.
(3) The former home state shall convert the former home
state license into a compact privilege once the new home state
has activated the new home state license in accordance with
applicable rules adopted by the compact commission.
(4) Notwithstanding any other provision of this
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(4) Notwithstanding any other provision of this
compact, if the licensee cannot meet the criteria in Section
34-34B-4, the new home state may apply its requirements for
issuing a new single-state license.
(5) The licensee shall pay all applicable fees to the
new home state in order to be issued a new home state license.
(c) If a licensee changes his or her state of residence
by moving from a member state to a non-member state, or from a
non-member state to a member state, the state criteria shall
apply for issuance of a single state license in the new state.
(d) Nothing in this compact shall interfere with a
licensee's ability to hold a single-state license in multiple
states; however, for the purposes of this compact, a licensee
shall have only one home state license.
(e) Nothing in this compact shall affect the
requirements established by a member state for the issuance of
a single-state license.
§34-34B-6. Active Military Members or Their Spouses.
An active military member, or his or her spouse, shall
designate a home state where the individual has a current
license in good standing. The individual may retain the home
state designation during the period the service member is on
active duty.
§34-34B-7. Adverse Actions.
(a) In addition to the other powers conferred by state
law, a remote state shall have the authority, in accordance
with existing state due process law, to do both of the
following:
(1) Take adverse action against a licensee's compact
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(1) Take adverse action against a licensee's compact
privilege within that member state.
(2) Issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses, as well as the production of evidence. Subpoenas
issued by a licensing authority in a member state for the
attendance and testimony of witnesses or the production of
evidence from another member state shall be enforced in the
latter state by any court of competent jurisdiction, according
to the practice and procedure applicable to subpoenas issued
in proceedings pending before that court. The issuing
authority shall pay any witness fees, travel expenses,
mileage, and other fees required by the service statutes of
the state in which the witnesses or evidence are located.
(b) Only the home state shall have the power to take
adverse action against a licensee's home state license.
(c) For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the
conduct had occurred within the home state. In so doing, the
home state shall apply its own state laws to determine
appropriate action.
(d) The home state shall complete any pending
investigations of a licensee who changes home states during
the course of the investigations. The home state shall also
have authority to take appropriate action and shall promptly
report the conclusions of the investigations to the
administrator of the data system. The administrator of the
data system shall promptly notify the new home state of any
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data system shall promptly notify the new home state of any
adverse actions.
(e) A member state, if otherwise permitted by state
law, may recover from the affected licensee the costs of
investigations and dispositions of cases resulting from any
adverse action taken against that licensee.
(f) A member state may take adverse action based on the
factual findings of another remote state, provided that the
member state follows its own procedures for taking the adverse
action.
(g) Joint investigations.
(1) In addition to the authority granted to a member
state by its respective state law, any member state may
participate with other member states in joint investigations
of licensees.
(2) Member states shall share any investigative,
litigation, or compliance materials in furtherance of any
joint investigation initiated under the compact.
(h) If adverse action is taken by the home state
against a licensee's home state license resulting in an
encumbrance on the home state license, the licensee's compact
privilege in all other member states shall be revoked until
all encumbrances have been removed from the home state
license. All home state disciplinary orders that impose
adverse action against a licensee shall include a statement
that the licensee's compact privileges are revoked in all
member states during the pendency of the order.
(i) Once an encumbered license in the home state is
restored to an unencumbered license, as certified by the home
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restored to an unencumbered license, as certified by the home
state's licensing authority, the licensee must meet the
requirements of Section 34-34B-4(a) and follow the
administrative requirements to reapply to obtain a compact
privilege in any remote state.
(j) If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the
other member states of any adverse actions.
(k) Nothing in this compact shall override a member
state's decision that participation in an alternative program
may be used in lieu of adverse action.
§34-34B-8. Establishment of the Dietitian Licensure
Compact Commission.
(a) The compact member states hereby create and
establish a joint governmental agency whose membership
consists of all member states that have enacted the compact
known as the Dietitian Licensure Compact Commission. The
compact commission is an instrumentality of the compact states
acting jointly and not an instrumentality of any one state.
The compact commission shall come into existence on or after
the effective date of the compact as set forth in Section
34-34B-12.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one
delegate selected by that member state's licensing authority.
(2) The delegate shall be the primary administrator of
the licensing authority or his or her designee.
(3) The compact commission shall by rule or bylaw
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(3) The compact commission shall by rule or bylaw
establish a term of office for delegates and may by rule or
bylaw establish term limits.
(4) The compact commission may recommend removal or
suspension of any delegate from office.
(5) A member state's licensing authority shall fill any
vacancy of its delegate occurring on the compact commission
within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all
matters before the compact commission requiring a vote by the
delegates.
(7) Delegates shall meet and vote by such means as set
forth in the bylaws. The bylaws may provide for delegates to
meet and vote in-person or by telecommunication, video
conference, or other means of communication.
(8) The compact commission shall meet at least once
during each calendar year. Additional meetings may be held as
set forth in the bylaws. The compact commission may meet in
person or by telecommunication, video conference, or other
means of communication.
(c) The compact commission shall have all of the
following powers:
(1) Establish the fiscal year of the compact
commission.
(2) Establish code of conduct and conflict of interest
policies.
(3) Establish and amend rules and bylaws.
(4) Maintain its financial records in accordance with
the bylaws.
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the bylaws.
(5) Meet and take action consistent with the provisions
of this compact, the compact commission's rules, and the
bylaws.
(6) Initiate and conclude legal proceedings or actions
in the name of the compact commission, provided that the
standing of any licensing authority to sue or be sued under
applicable law shall not be affected.
(7) Maintain and certify records and information
provided to a member state as the authenticated business
records of the compact commission, and designate an agent to
do so on behalf of the compact commission.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix
compensation, define duties, grant those individuals
appropriate authority to carry out the purposes of the
compact, and establish the compact commission's personnel
policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel
matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate donations, grants
of money, other sources of revenue, equipment, supplies,
materials, services, and gifts, and receive, utilize, and
dispose of the same; provided, that at all times the compact
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dispose of the same; provided, that at all times the compact
commission shall avoid any actual or appearance of impropriety
or conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undivided
interest in property.
(15) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed.
(16) Establish a budget and make expenditures.
(17) Borrow money.
(18) Appoint committees, including standing committees,
composed of members, state regulators, state legislators or
his or her representatives, consumer representatives, and
other interested persons as may be designated in this compact
or the bylaws.
(19) Provide and receive information from, and
cooperate with, law enforcement agencies.
(20) Establish and elect an executive committee,
including a chair and a vice chair.
(21) Determine whether a state's adopted language is
materially different from the model compact language such that
the state would not qualify for participation in the compact.
(22) Perform other functions as may be necessary or
appropriate to achieve the purposes of this compact.
(d) The Executive Committee.
(1) The executive committee shall have the power to act
on behalf of the compact commission according to the terms of
this compact. The powers, duties, and responsibilities of the
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this compact. The powers, duties, and responsibilities of the
executive committee shall include all of the following:
a. Oversee the day-to-day activities of the
administration of the compact, including enforcement and
compliance with the provisions of the compact, its rules and
bylaws, and other duties as deemed necessary.
b. Recommend to the compact commission changes to the
rules or bylaws, changes to this compact legislation, fees
charged to compact member states, fees charged to licensees,
and other fees.
c. Ensure compact administration services are
appropriately provided, including by contract.
d. Prepare and recommend the budget.
e. Maintain financial records on behalf of the compact
commission.
f. Monitor compact compliance of member states and
provide compliance reports to the compact commission.
g. Establish additional committees as necessary.
h. Exercise the powers and duties of the compact
commission during the interim between compact commission
meetings, except for adopting or amending rules, adopting or
amending bylaws, and exercising any other powers and duties
expressly reserved to the compact commission by rule or bylaw.
i. Other duties as provided in the rules or bylaws of
the compact commission.
(2) The executive committee shall be composed of nine
members:
a. The chair and vice chair of the compact commission
shall be voting members of the executive committee.
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shall be voting members of the executive committee.
b. Five voting members from the current membership of
the compact commission, elected by the compact commission.
c. One ex officio, nonvoting member from a recognized
professional association representing dietitians.
d. One ex officio, nonvoting member from a recognized
national credentialing organization for dietitians.
(3) The compact commission may remove any member of the
executive committee as provided in the compact commission's
bylaws.
(4) The executive committee shall meet at least
annually.
a. Executive committee meetings shall be open to the
public, except that the executive committee may meet in a
closed, nonpublic meeting as provided in subdivision (f)(2).
b. The executive committee shall give 30-days' notice
of its meetings, posted on the website of the compact
commission and as determined to provide notice to persons with
an interest in the business of the compact commission.
c. The executive committee may hold a special meeting
in accordance with paragraph (f)(1)b.
(e) The compact commission shall adopt and provide to
the member states an annual report.
(f) Meetings of the Compact Commission.
(1) All meetings shall be open to the public, except
that the compact commission may meet in a closed, non-public
meeting as provided in subdivision (2).
a. Public notice for all meetings of the full compact
commission shall be given in the same manner as required under
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commission shall be given in the same manner as required under
the rulemaking provisions in Section 34-34B-10, except that
the compact commission may hold a special meeting as provided
in paragraph (f)(1)b.
b. The compact commission may hold a special meeting
when it must meet to conduct emergency business by giving 24-
hours' notice to all member states, on the compact
commission's website, and other means as provided in the
compact commission's rules. The compact commission's legal
counsel shall certify that the compact commission's need to
meet qualifies as an emergency.
(2) The compact commission, the executive committee, or
other committees of the compact commission may convene in a
closed, nonpublic meeting for the compact commission,
executive committee, or other committees of the compact
commission to receive legal advice or to discuss the
following:
a. Noncompliance of a member state with its obligations
under the compact.
b. The employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees.
c. Current or threatened discipline of a licensee by
the compact commission or by a member state's licensing
authority.
d. Current, threatened, or reasonably anticipated
litigation.
e. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate.
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sale of goods, services, or real estate.
f. Accusing any individual of a crime or formally
censuring any individual.
g. Trade secrets or commercial or financial information
that is privileged or confidential.
h. Information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy.
i. Investigative records compiled for law enforcement
purposes.
j. Information related to any investigative reports
prepared by or on behalf of or for use of the compact
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant
to the compact.
k. Matters specifically exempted from disclosure by
federal or member state law.
l. Other matters as specified in the rules of the
compact commission.
(3) If a meeting, or portion of a meeting, is closed,
the presiding officer shall state that the meeting will be
closed and reference each relevant exempting provision, and
such reference shall be recorded in the minutes.
(4) The compact commission shall keep minutes that
fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description of
the views expressed. All documents considered in connection
with an action shall be identified in such minutes. All
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with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under
seal, subject to release only by a majority vote of the
compact commission or order of a court of competent
jurisdiction.
(g) Financing of the compact commission.
(1) The compact commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
(2) The compact commission may accept any and all
appropriate revenue sources as provided in subdivision
(c)(13).
(3) The compact commission may levy on and collect an
annual assessment from each member state and impose fees on
licensees of member states to whom it grants a compact
privilege to cover the cost of the operations and activities
of the compact commission and its staff, which must, in a
total amount, be sufficient to cover its annual budget as
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount for member
states shall be allocated based upon a formula that the
compact commission shall adopt by rule.
(4) The compact commission shall not incur obligations
of any kind prior to securing the funds adequate to meet those
obligations; nor shall the compact commission pledge the
credit of any of the member states, except by and with the
authority of the member state.
(5) The compact commission shall keep accurate accounts
of all receipts and disbursements. The receipts and
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of all receipts and disbursements. The receipts and
disbursements of the compact commission shall be subject to
the financial review and accounting procedures established
under its bylaws. However, all receipts and disbursements of
funds handled by the compact commission shall be subject to an
annual financial review by a certified or licensed public
accountant, and the report of the financial review shall be
included in and become part of the annual report of the
compact commission.
(h) Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director,
employees, and representatives of the compact commission shall
be immune from suit and liability, both personally and in
their official capacities, for any claim for damage to or loss
of property or personal injury or other civil liability caused
by or arising out of any actual or alleged act, error, or
omission that occurred, or that the individual against whom
the claim is made had a reasonable basis for believing
occurred within the scope of compact commission employment,
duties, or responsibilities; provided, that nothing in this
subdivision shall be construed to protect any individual from
suit or liability for any damage, loss, injury, or liability
caused by the intentional, willful, or wanton misconduct of
that individual. The procurement of insurance of any type by
the compact commission shall not in any way compromise or
limit the immunity granted under this subsection.
(2) The compact commission shall defend any member,
officer, executive director, employee, and representative of
the compact commission in any civil action seeking to impose
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the compact commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or
omission that occurred within the scope of compact commission
employment, duties, or responsibilities, or as determined by
the compact commission that the person against whom the claim
is made had a reasonable basis for believing occurred within
the scope of compact commission employment, duties, or
responsibilities; provided, that nothing in this subdivision
shall be construed to prohibit that individual from retaining
his or her own counsel at his or her own expense; and provided
further, that the actual or alleged act, error, or omission
did not result from that individual's intentional, willful, or
wanton misconduct.
(3) The compact commission shall indemnify and hold
harmless any member, officer, executive director, employee,
and representative of the compact commission for the amount of
any settlement or judgment obtained against that individual
arising out of any actual or alleged act, error, or omission
that occurred within the scope of compact commission
employment, duties, or responsibilities, or that such
individual had a reasonable basis for believing occurred
within the scope of compact commission employment, duties, or
responsibilities; provided, that the actual or alleged act,
error, or omission did not result from the intentional,
willful, or wanton misconduct of that individual.
(4) Nothing in this subsection shall be construed as a
limitation on the liability of any licensee for professional
malpractice or misconduct, which shall be governed solely by
any other applicable state laws.
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any other applicable state laws.
(5) Nothing in this compact shall be interpreted to
waive or otherwise abrogate a member state's state action
immunity or state action affirmative defense with respect to
antitrust claims under the Sherman Act, Clayton Act, or any
other state or federal antitrust or anticompetitive law or
rule.
(6) Nothing in this compact shall be construed to be a
waiver of sovereign immunity by the member states or by the
compact commission.
§34-34B-9. Data System.
(a) The compact commission shall provide for the
development, maintenance, operation, and utilization of a
coordinated data system.
(b) The compact commission shall assign each applicant
for a compact privilege a unique identifier, as determined by
the rules.
(c) Notwithstanding any other provision of state law to
the contrary, a member state shall submit a uniform data set
to the data system on all individuals to whom this compact is
applicable as required by the rules of the compact commission,
including all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact
privilege and information related thereto.
(4) Nonconfidential information related to alternative
program participation, the beginning and ending dates of
participation, and other information related to participation
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participation, and other information related to participation
not made confidential under member state law.
(5) Any denial of application for licensure, and the
reason or reasons for the denial.
(6) The presence of current significant investigative
information.
(7) Other information that may facilitate the
administration of this compact or the protection of the
public, as determined by the rules of the compact commission.
(d) The records and information provided to a member
state pursuant to this compact or through the data system,
when certified by the compact commission or its agent, shall
constitute the authenticated business records of the compact
commission, and shall be entitled to any associated hearsay
exception in any relevant judicial, quasi-judicial, or
administrative proceedings in a member state.
(e) Current significant investigative information
pertaining to a licensee in any member state will only be
available to other member states.
(f) It is the responsibility of the member states to
report any adverse action against a licensee and to monitor
the data system to determine whether any adverse action has
been taken against a licensee. Adverse action information
pertaining to a licensee in any member state will be available
to any other member state.
(g) Member states contributing information to the data
system may designate information that may not be shared with
the public without the express permission of the contributing
state.
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state.
(h) Any information submitted to the data system that
is subsequently expunged pursuant to federal law or the laws
of the member state contributing the information shall be
removed from the data system.
§34-34B-10. Rulemaking.
(a) The compact commission shall adopt reasonable rules
in order to effectively and efficiently implement and
administer the purposes and provisions of this compact. A rule
shall be invalid and have no force or effect only if a court
of competent jurisdiction holds that the rule is invalid
because the compact commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes of
the compact, or the powers granted under the contract, or
based upon another applicable standard of review.
(b) The rules of the compact commission shall have the
force of law in each member state; provided, however, that
where the rules conflict with the laws or rules of a member
state that relate to the procedures, actions, and processes a
licensed dietitian is permitted to undertake in that state and
the circumstances under which he or she may do so, as held by
a court of competent jurisdiction, the rules of the compact
commission shall be ineffective in that state to the extent of
the conflict.
(c) The compact commission shall exercise its
rulemaking powers pursuant to the criteria set forth in this
section and the rules adopted thereunder. Rules shall become
binding on the day following adoption or as of the date
specified in the rule or amendment, whichever is later.
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specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member
states rejects a rule or portion of a rule, by enactment of a
statute or resolution in the same manner used to adopt the
compact within four years of the date of adoption of the rule,
then the rule shall have no further force and effect in any
member state.
(e) Rules shall be adopted at a regular or special
meeting of the compact commission.
(f) Prior to adoption of a proposed rule, the compact
commission shall hold a public hearing and allow persons to
provide oral and written comments, data, facts, opinions, and
arguments.
(g) Prior to adoption of a proposed rule by the compact
commission, and at least 30 days in advance of the meeting at
which the compact commission will hold a public hearing on the
proposed rule, the compact commission shall provide a notice
of proposed rulemaking:
(1) On the website of the compact commission or other
publicly accessible platform.
(2) To individuals who have requested notice of the
compact commission's notices of proposed rulemaking.
(3) In such other ways as the compact commission may
specify by rule.
(h) The notice of proposed rulemaking shall include all
of the following:
(1) The time, date, and location of the public hearing
at which the compact commission will hear public comments on
the proposed rule and, if different, the time, date, and
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the proposed rule and, if different, the time, date, and
location of the meeting where the compact commission will
consider and vote on the proposed rule.
(2) If the hearing is held via telecommunication, video
conference, or other means of communication, the compact
commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking.
(3) The text of the proposed rule and the reason
supporting it.
(4) A request for comments on the proposed rule from
any interested person.
(5) The manner in which interested persons may submit
written comments.
(i) All hearings shall be recorded. A copy of the
recording and all written comments and documents received by
the compact commission in response to the proposed rule shall
be available to the public.
(j) Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the compact commission at
hearings required by this section.
(k) The compact commission, by majority vote of all
members, shall take final action on the proposed rule based on
the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the
proposed rule provided the changes do not enlarge the original
purpose of the proposed rule.
(2) The compact commission shall provide an explanation
of the reasons for substantive changes made to the proposed
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of the reasons for substantive changes made to the proposed
rule, as well as reasons for substantive changes not made that
were recommended by commenters.
(3) The compact commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in subsection (l), the effective date of the rule
shall be no sooner than 30 days after issuing the notice that
it adopted or amended the rule.
(l) Upon determination that an emergency exists, the
compact commission may consider and adopt an emergency rule
with 24-hours' notice, with opportunity to comment; provided,
that the usual rulemaking procedures provided in the compact
and in this section shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of
this provision, an emergency rule is one that must be adopted
immediately in order to do all of the following:
(1) Meet an imminent threat to public health, safety,
or welfare.
(2) Prevent a loss of compact commission or member
state funds.
(3) Meet a deadline for the adoption of a rule that is
established by federal law or rule.
(4) Protect public health and safety.
(m) The compact commission or an authorized committee
of the compact commission may direct revision to a previously
adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical
errors. Public notice of any revision shall be posted on the
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errors. Public notice of any revision shall be posted on the
website of the compact commission. The revision shall be
subject to challenge by any person for a period of 30 days
after posting. The revision may be challenged only on grounds
that the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the
compact commission prior to the end of the notice period. If
no challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision
may not take effect without the approval of the compact
commission.
(n) No member state's rulemaking requirements shall
apply under this compact.
§34-34B-11 Oversight, Dispute Resolution, and
Enforcement.
(a) Oversight.
(1) The executive and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to implement this
compact.
(2) Except as otherwise provided in this compact, venue
is proper and judicial proceedings by or against the compact
commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
compact commission is located. The compact commission may
waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings. Nothing in this section shall affect
or limit the selection or propriety of venue in any action
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or limit the selection or propriety of venue in any action
against a licensee for professional malpractice, misconduct,
or any similar matter.
(3) The compact commission shall be entitled to receive
service of process in any proceeding regarding the enforcement
or interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide the compact commission service of process shall render
a judgment or order void as to the compact commission, this
compact, or adopted rules.
(b) Default, technical assistance, and termination.
(1) If the compact commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under this compact or the adopted rules, the
compact commission shall provide written notice to the
defaulting state. The notice of default shall describe the
default, the proposed means of curing the default, any other
action that the compact commission may take, and shall offer
training and specific technical assistance regarding the
default.
(2) The compact commission shall provide a copy of the
notice of default to the other member states.
(c) If a state in default fails to cure the default,
the defaulting state may be terminated from the compact upon
an affirmative vote of a majority of the delegates of the
member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
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not relieve the offending state of obligations or liabilities
incurred during the period of default.
(d) Termination of membership in the compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the compact commission to the governor, the
majority and minority leaders of the defaulting state's
legislature, the defaulting state's licensing authority, and
each of the member states' licensing authority.
(e) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred through
the effective date of termination, including obligations that
extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from
this compact, that state shall immediately provide notice to
all licensees within that state of such termination. The
terminated state shall continue to recognize all compact
privileges granted pursuant to this compact for a minimum of
six months after the date of the notice of termination.
(g) The compact commission shall not bear any costs
related to a state that is found to be in default or that has
been terminated from the compact, unless agreed upon in
writing between the compact commission and the defaulting
state.
(h) The defaulting state may appeal the action of the
compact commission by petitioning the United States District
Court for the District of Columbia or the federal district
where the compact commission has its principal offices. The
prevailing party shall be awarded all costs of litigation,
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prevailing party shall be awarded all costs of litigation,
including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact
commission shall attempt to resolve disputes related to the
compact that arise among member states and between member and
non-member states.
(2) The compact commission shall adopt a rule providing
for both mediation and binding dispute resolution for disputes
as appropriate.
(j) Enforcement.
(1) By super majority vote, the compact commission may
initiate legal action against a member state in default in the
United States District Court for the District of Columbia or
the federal district where the compact commission has its
principal offices to enforce compliance with the provisions of
the compact and its adopted rules. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of litigation, including reasonable
attorney fees. The remedies herein shall not be the exclusive
remedies of the compact commission. The compact commission may
pursue any other remedies available under federal or the
defaulting member state's law.
(2) A member state may initiate legal action against
the compact commission in the United States District Court for
the District of Columbia or the federal district where the
compact commission has its principal offices to enforce
compliance with the provisions of the compact and its adopted
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compliance with the provisions of the compact and its adopted
rules. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce
this compact against the compact commission.
§34-34B-12. Effective Date, Withdrawal, and Amendment.
(a) The compact shall come into effect on the date on
which the compact statute is enacted into law in the seventh
member state.
(1) On or after the effective date of the compact, the
compact commission shall convene and review the enactment of
each of the first seven member states referred to as "charter
member states", to determine if the statute enacted by each
such charter member state is materially different than the
model compact statute.
a. A charter member state whose enactment is found to
be materially different from the model compact statute shall
be entitled to the default process set forth in Section
34-34B-11.
b. If any member state is later found to be in default,
is terminated, or withdraws from the compact, the compact
commission shall remain in existence and the compact shall
remain in effect even if the number of member states should be
less than seven.
(2) Member states enacting the compact subsequent to
the seven initial charter member states shall be subject to
the process set forth in Section 34-34B-8(c)(21) to determine
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the process set forth in Section 34-34B-8(c)(21) to determine
if their enactments are materially different from the model
compact statute and whether they qualify for participation in
the compact.
(3) All actions taken for the benefit of the compact
commission or in furtherance of the purposes of the
administration of the compact prior to the effective date of
the compact or the compact commission coming into existence
shall be considered to be actions of the compact commission
unless specifically repudiated by the compact commission.
(4) Any state that joins the compact subsequent to the
compact commission's initial adoption of the rules and bylaws
shall be subject to the rules and bylaws as they exist on the
date on which the compact becomes law in that state. Any rule
that has been previously adopted by the compact commission
shall have the full force and effect of law on the day the
compact becomes law in that state.
(b) Any member state may withdraw from this compact by
enacting a statute to repeal it.
(1) A member state's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing
requirement of the withdrawing state's licensing authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
(3) Upon the enactment of a state withdrawing from this
compact, a state shall immediately provide notice of the
withdrawal to all licensees within that state. Notwithstanding
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withdrawal to all licensees within that state. Notwithstanding
any subsequent statutory enactment to the contrary, the
withdrawing state shall continue to recognize all compact
privileges granted pursuant to this compact for a minimum of
180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be
construed to invalidate or prevent any licensure agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of
this compact.
(d) This compact may be amended by the member states.
No amendment to this compact shall become effective and
binding upon any member state until it is enacted into the
laws of all member states.
§34-34B-13. Construction and Severability.
(a) This compact and the compact commission's
rulemaking authority shall be liberally construed so as to
effectuate the purposes, implementation, and administration of
the compact. Provisions of the compact expressly authorizing
or requiring the adoption of rules shall not be construed to
limit the compact commission's rulemaking authority solely for
those purposes.
(b) The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this
compact is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state
seeking participation in the compact, or of the United States,
or the applicability to any government, agency, person, or
circumstance is held to be unconstitutional by a court of
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1064 SB207 Enrolled
Page 39
circumstance is held to be unconstitutional by a court of
competent jurisdiction, the validity of the remainder of this
compact and the applicability to any other government, agency,
person, or circumstance shall not be affected.
(c) Notwithstanding subsection (b), the compact
commission may deny a state's participation in the compact or,
in accordance with the requirements of Section 34-34B-11(b),
terminate a member state's participation in the compact, if it
determines that a constitutional requirement of a member state
is a material departure from the compact. Otherwise, if this
compact shall be held to be contrary to the constitution of
any member state, the compact shall remain in full force and
effect as to the remaining member states and in full force and
effect as to the member state affected as to all severable
matters.
§34-34B-14. Consistent Effect and Conflict With Other
State Laws.
(a) Nothing in this compact shall prevent or inhibit
the enforcement of any other law of a member state that is not
inconsistent with the compact.
(b) Any laws, statutes, rules, or other legal
requirements in a member state in conflict with the compact
are superseded to the extent of the conflict.
(c) All permissible agreements between the compact
commission and the member states are binding in accordance
with their terms.
§34-34B-15. Judicial Proceedings by Individuals.
Except as to judicial proceedings for the enforcement
of this compact among member states, individuals may pursue
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of this compact among member states, individuals may pursue
judicial proceedings related to this compact in any Alabama
state or federal court that would otherwise have competent
jurisdiction.
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB207
Senate 11-Apr-24
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 08-May-24
By: Senator Hatcher
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