Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1185 3
4
By: Representative L. Johnson 5
6
7
For An Act To Be Entitled 8
AN ACT TO ADOPT THE DIETITIAN LICENSURE COMPACT IN 9
ARKANSAS; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ADOPT THE DIETITIAN LICENSURE COMPACT 14
IN ARKANSAS. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 83, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 4 — Dietitian Licensure Compact 21
22
17-83-401. Text of compact. 23
The Dietitian Licensure Compact is enacted into law and entered into by 24
this state with all states legally joining therein and in the form 25
substantially as follows: 26
27
DIETITIAN LICENSURE COMPACT 28
29
SECTION 1: PURPOSE 30
The purpose of this Compact is to facilitate interstate Practice of Dietetics 31
with the goal of improving public access to dietetics services. This Compact 32
preserves the regulatory authority of States to protect public health and 33
safety through the current system of State licensure, while also providing 34
for licensure portability through a Compact Privilege granted to qualifying 35
professionals. 36 HB1185
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This Compact is designed to achieve the following objectives: 1
A. Increase public access to dietetics services; 2
B. Provide opportunities for interstate practice by Licensed 3
Dietitians who meet uniform requirements; 4
C. Eliminate the necessity for Licenses in multiple States; 5
D. Reduce administrative burden on Member States and Licensees; 6
E. Enhance the States’ ability to protect the public’s health and 7
safety; 8
F. Encourage the cooperation of Member States in regulating multistate 9
practice of Licensed Dietitians; 10
G. Support relocating Active Military Members and their spouses; 11
H. Enhance the exchange of licensure, investigative, and disciplinary 12
information among Member States; and 13
I. Vest all Member States with the authority to hold a Licensed 14
Dietitian accountable for meeting all State practice laws in the State in 15
which the patient is located at the time care is rendered. 16
17
SECTION 2. DEFINITIONS 18
As used in this Compact, and except as otherwise provided, the following 19
definitions shall apply: 20
A. “ACEND” means the Accreditation Council for Education in Nutrition 21
and Dietetics or its successor organization. 22
B. “Active Military Member” means any individual with full -time duty 23
status in the active armed forces of the United States, including members of 24
the National Guard and Reserve. 25
C. “Adverse Action” means any administrative, civil, equitable or 26
criminal action permitted by a State’s laws which is imposed by a Licensing 27
Authority or other authority against a Licensee, including actions against an 28
individual’s License or Compact Privilege such as revocation, suspension, 29
probation, monitoring of the Licensee, limitation on the Licensee’s practice, 30
or any other Encumbrance on licensure affecting a Licensee’s authorization to 31
practice, including issuance of a cease and desist action. 32
D. “Alternative Program” means a non -disciplinary monitoring or 33
practice remediation process approved by a Licensing Authority. 34
E. “Charter Member State” means any Member State which enacted this 35
Compact by law before the Effective Date specified in Section 12. 36 HB1185
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F. “Continuing Education” means a requirement, as a condition of 1
License renewal, to provide evidence of participation in, and completion of, 2
educational and professional activities relevant to practice or area of work. 3
G. “CDR” means the Commission on Dietetic Registration or its 4
successor organization. 5
H. “Compact Commission” means the government agency whose membership 6
consists of all States that have enacted this Compact, which is known as the 7
Dietitian Licensure Compact Commission, as described in Section 8, and which 8
shall operate as an instrumentality of the Member States. 9
I. “Compact Privilege” means a legal authorization, which is 10
equivalent to a License, permitting the Practice of Dietetics in a Remote 11
State. 12
J. “Current Significant Investigative Information” means: 13
1. Investigative Information that a Licensing Authority, after a 14
preliminary inquiry that includes notification and an opportunity for the 15
subject Licensee to respond, if required by State law, has reason to believe 16
is not groundless and, if proved true, would indicate more than a minor 17
infraction; or 18
2. Investigative Information that indicates that the subject 19
Licensee represents an immediate threat to public health and safety 20
regardless of whether the subject Licensee has been notified and had an 21
opportunity to respond. 22
K. “Data System” means a repository of information about Licensees, 23
including, but not limited to, Continuing Education, examination, licensure, 24
investigative, Compact Privilege and Adverse Action information. 25
L. “Encumbered License” means a License in which an Adverse Action 26
restricts a Licensee’s ability to practice dietetics. 27
M. “Encumbrance” means a revocation or suspension of, or any 28
limitation on a Licensee’s full and unrestricted Practice of Dietetics by a 29
Licensing Authority. 30
N. “Executive Committee” means a group of delegates elected or 31
appointed to act on behalf of, and within the powers granted to them by, this 32
Compact, and the Compact Commission. 33
O. “Home State” means the Member State that is the Licensee’s primary 34
State of residence or that has been designated pursuant to Section 6. 35
P. “Investigative Information” means information, records, and 36 HB1185
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documents received or generated by a Licensing Authority pursuant to an 1
investigation. 2
Q. “Jurisprudence Requirement” means an assessment of an individual’s 3
knowledge of the State laws and regulations governing the Practice of 4
Dietetics in such State. 5
R. “License” means an authorization from a Member State to either: 6
1. Engage in the Practice of Dietetics (including medical 7
nutrition therapy); or 8
2. Use the title "dietitian,” “licensed dietitian,” “licensed 9
dietitian nutritionist,” “certified dietitian,” or other title describing a 10
substantially similar practitioner as the Compact Commission may further 11
define by Rule. 12
S. “Licensee” or “Licensed Dietitian” means an individual who 13
currently holds a License and who meets all of the requirements outlined in 14
Section 4. 15
T. “Licensing Authority” means the board or agency of a State, or 16
equivalent, that is responsible for the licensing and regulation of the 17
Practice of Dietetics. 18
U. “Member State” means a State that has enacted the Compact. 19
V. “Practice of Dietetics” means the synthesis and application of 20
dietetics, primarily for the provision of nutrition care services, including 21
medical nutrition therapy, in person or via telehealth, to prevent, manage, 22
or treat diseases or medical conditions and promote wellness. 23
W. “Registered Dietitian” means a person who: 24
1. Has completed applicable education, experience, examination, 25
and recertification requirements approved by CDR; 26
2. Is credentialed by CDR as a registered dietitian or a 27
registered dietitian nutritionist; and 28
3. Is legally authorized to use the title registered dietitian 29
or registered dietitian nutritionist and the corresponding abbreviations “RD” 30
or “RDN.” 31
X. “Remote State” means a Member State other than the Home State, 32
where a Licensee is exercising or seeking to exercise a Compact Privilege. 33
Y. “Rule” means a regulation promulgated by the Compact Commission 34
that has the force of law. 35
Z. “Single State License” means a License issued by a Member State 36 HB1185
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within the issuing State and does not include a Compact Privilege in any 1
other Member State. 2
AA. “State” means any state, commonwealth, district, or territory of 3
the United States of America. 4
BB. “Unencumbered License” means a License that authorizes a Licensee 5
to engage in the full and unrestricted Practice of Dietetics. 6
7
SECTION 3. STATE PARTICIPATION IN THE COMPACT 8
A. To participate in the Compact, a State must currently: 9
1. License and regulate the Practice of Dietetics; and 10
2. Have a mechanism in place for receiving and investigating 11
complaints about Licensees. 12
B. A Member State shall: 13
1. Participate fully in the Compact Commission’s Data System, 14
including using the unique identifier as defined in Rules; 15
2. Notify the Compact Commission, in compliance with the terms 16
of the Compact and Rules, of any Adverse Action or the availability of 17
Current Significant Investigative Information regarding a Licensee; 18
3. Implement or utilize procedures for considering the criminal 19
history record information of applicants for an initial Compact Privilege. 20
These procedures shall include the submission of fingerprints or other 21
biometric-based information by applicants for the purpose of obtaining an 22
applicant’s criminal history record information from the Federal Bureau of 23
Investigation and the agency responsible for retaining that State’s criminal 24
records; 25
a. A Member State must fully implement a criminal history 26
record information requirement, within a time frame established by Rule, 27
which includes receiving the results of the Federal Bureau of Investigation 28
record search and shall use those results in determining Compact Privilege 29
eligibility. 30
b. Communication between a Member State and the Compact 31
Commission or among Member States regarding the verification of eligibility 32
for a Compact Privilege shall not include any information received from the 33
Federal Bureau of Investigation relating to a federal criminal history record 34
information check performed by a Member State. 35
4. Comply with and enforce the Rules of the Compact Commission; 36 HB1185
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5. Require an applicant for a Compact Privilege to obtain or 1
retain a License in the Licensee’s Home State and meet the Home State’s 2
qualifications for licensure or renewal of licensure, as well as all other 3
applicable State laws; and 4
6. Recognize a Compact Privilege granted to a Licensee who meets 5
all of the requirements outlined in Section 4 in accordance with the terms of 6
the Compact and Rules. 7
C. Member States may set and collect a fee for granting a Compact 8
Privilege. 9
D. Individuals not residing in a Member State shall continue to be 10
able to apply for a Member State’s Single State License as provided under the 11
laws of each Member State. However, the Single State License granted to these 12
individuals shall not be recognized as granting a Compact Privilege to engage 13
in the Practice of Dietetics in any other Member State. 14
E. Nothing in this Compact shall affect the requirements established 15
by a Member State for the issuance of a Single State License. 16
F. At no point shall the Compact Commission have the power to define 17
the requirements for the issuance of a Single State License to practice 18
dietetics. The Member States shall retain sole jurisdiction over the 19
provision of these requirements. 20
21
SECTION 4. COMPACT PRIVILEGE 22
A. To exercise the Compact Privilege under the terms and provisions of 23
the Compact, the Licensee shall: 24
1. Satisfy one of the following: 25
a. Hold a valid current registration that gives the 26
applicant the right to use the term Registered Dietitian; or 27
b. Complete all of the following: 28
i. An education program which is either: 29
a) A master’s degree or doctoral degree that 30
is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting 31
agency recognized by the United States Department of Education, which the 32
Compact Commission may by Rule determine, and from a college or university 33
accredited at the time of graduation by the appropriate regional accrediting 34
agency recognized by the Council on Higher Education Accreditation and the 35
United States Department of Education. 36 HB1185
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b) An academic degree from a college or 1
university in a foreign country equivalent to the degree described in 2
subparagraph (a) that is programmatically accredited by (i) ACEND; or (ii) a 3
dietetics accrediting agency recognized by the United States Department of 4
Education, which the Compact Commission may by Rule determine. 5
ii. A planned, documented, supervised practice 6
experience in dietetics that is programmatically accredited by (i) ACEND, or 7
(ii) a dietetics accrediting agency recognized by the United States 8
Department of Education which the Compact Commission may by Rule determine 9
and which involves at least 1000 hours of practice experience under the 10
supervision of a Registered Dietitian or a Licensed Dietitian. 11
iii. Successful completion of either: (i) the 12
Registration Examination for Dietitians administered by CDR, or (ii) a 13
national credentialing examination for dietitians approved by the Compact 14
Commission by Rule; such completion being no more than five years prior to 15
the date of the Licensee’s application for initial licensure and accompanied 16
by a period of continuous licensure thereafter, all of which may be further 17
governed by the Rules of the Compact Commission. 18
2. Hold an Unencumbered License in the Home State; 19
3. Notify the Compact Commission that the Licensee is seeking a 20
Compact Privilege within a Remote State(s); 21
4. Pay any applicable fees, including any State fee, for the 22
Compact Privilege; 23
5. Meet any Jurisprudence Requirements established by the Remote 24
State(s) in which the Licensee is seeking a Compact Privilege; and 25
6. Report to the Compact Commission any Adverse Action, 26
Encumbrance, or restriction on a License taken by any non -Member State within 27
30 days from the date the action is taken. 28
B. The Compact Privilege is valid until the expiration date of the 29
Home State License. To maintain a Compact Privilege, renewal of the Compact 30
Privilege shall be congruent with the renewal of the Home State License as 31
the Compact Commission may define by Rule. The Licensee must comply with the 32
requirements of Section 4(A) to maintain the Compact Privilege in the Remote 33
State(s). 34
C. A Licensee exercising a Compact Privilege shall adhere to the laws 35
and regulations of the Remote State. Licensees shall be responsible for 36 HB1185
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educating themselves on, and complying with, any and all State laws relating 1
to the Practice of Dietetics in such Remote State. 2
D. Notwithstanding anything to the contrary provided in this Compact 3
or State law, a Licensee exercising a Compact Privilege shall not be required 4
to complete Continuing Education Requirements required by a Remote State. A 5
Licensee exercising a Compact Privilege is only required to meet any 6
Continuing Education Requirements as required by the Home State. 7
8
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE 9
A. A Licensee may hold a Home State License, which allows for a 10
Compact Privilege in other Member States, in only one Member State at a time. 11
B. If a Licensee changes Home State by moving between two Member 12
States: 13
1. The Licensee shall file an application for obtaining a new 14
Home State License based on a Compact Privilege, pay all applicable fees, and 15
notify the current and new Home State in accordance with the Rules of the 16
Compact Commission. 17
2. Upon receipt of an application for obtaining a new Home State 18
License by virtue of a Compact Privilege, the new Home State shall verify 19
that the Licensee meets the criteria in Section 4 via the Data System, and 20
require that the Licensee complete the following: 21
a. Federal Bureau of Investigation fingerprint based 22
criminal history record information check; 23
b. Any other criminal history record information required 24
by the new Home State; and 25
c. Any Jurisprudence Requirements of the new Home State. 26
3. The former Home State shall convert the former Home State 27
License into a Compact Privilege once the new Home State has activated the 28
new Home State License in accordance with applicable Rules adopted by the 29
Compact Commission. 30
4. Notwithstanding any other provision of this Compact, if the 31
Licensee cannot meet the criteria in Section 4, the new Home State may apply 32
its requirements for issuing a new Single State License. 33
5. The Licensee shall pay all applicable fees to the new Home 34
State in order to be issued a new Home State License. 35
C. If a Licensee changes their State of residence by moving from a 36 HB1185
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Member State to a non -Member State, or from a non -Member State to a Member 1
State, the State criteria shall apply for issuance of a Single State License 2
in the new State. 3
D. Nothing in this Compact shall interfere with a Licensee’s ability 4
to hold a Single State License in multiple States; however, for the purposes 5
of this Compact, a Licensee shall have only one Home State License. 6
E. Nothing in this Compact shall affect the requirements established 7
by a Member State for the issuance of a Single State License. 8
9
SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 10
An Active Military Member, or their spouse, shall designate a Home State 11
where the individual has a current License in good standing. The individual 12
may retain the Home State designation during the period the service member is 13
on active duty. 14
15
SECTION 7. ADVERSE ACTIONS 16
A. In addition to the other powers conferred by State law, a Remote 17
State shall have the authority, in accordance with existing State due process 18
law, to: 19
1. Take Adverse Action against a Licensee’s Compact Privilege 20
within that Member State; and 21
2. Issue subpoenas for both hearings and investigations that 22
require the attendance and testimony of witnesses as well as the production 23
of evidence. Subpoenas issued by a Licensing Authority in a Member State for 24
the attendance and testimony of witnesses or the production of evidence from 25
another Member State shall be enforced in the latter State by any court of 26
competent jurisdiction, according to the practice and procedure applicable to 27
subpoenas issued in proceedings pending before that court. The issuing 28
authority shall pay any witness fees, travel expenses, mileage, and other 29
fees required by the service statutes of the State in which the witnesses or 30
evidence are located. 31
B. Only the Home State shall have the power to take Adverse Action 32
against a Licensee’s Home State License. 33
C. For purposes of taking Adverse Action, the Home State shall give 34
the same priority and effect to reported conduct received from a Member State 35
as it would if the conduct had occurred within the Home State. In so doing, 36 HB1185
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the Home State shall apply its own State laws to determine appropriate 1
action. 2
D. The Home State shall complete any pending investigations of a 3
Licensee who changes Home States during the course of the investigations. The 4
Home State shall also have authority to take appropriate action(s) and shall 5
promptly report the conclusions of the investigations to the administrator of 6
the Data System. The administrator of the Data System shall promptly notify 7
the new Home State of any Adverse Actions. 8
E. A Member State, if otherwise permitted by State law, may recover 9
from the affected Licensee the costs of investigations and dispositions of 10
cases resulting from any Adverse Action taken against that Licensee. 11
F. A Member State may take Adverse Action based on the factual 12
findings of another Remote State, provided that the Member State follows its 13
own procedures for taking the Adverse Action. 14
G. Joint Investigations: 15
1. In addition to the authority granted to a Member State by its 16
respective State law, any Member State may participate with other Member 17
States in joint investigations of Licensees. 18
2. Member States shall share any investigative, litigation, or 19
compliance materials in furtherance of any joint investigation initiated 20
under the Compact. 21
H. If Adverse Action is taken by the Home State against a Licensee’s 22
Home State License resulting in an Encumbrance on the Home State License, the 23
Licensee’s Compact Privilege(s) in all other Member States shall be revoked 24
until all Encumbrances have been removed from the Home State License. All 25
Home State disciplinary orders that impose Adverse Action against a Licensee 26
shall include a statement that the Licensee’s Compact Privileges are revoked 27
in all Member States during the pendency of the order. 28
I. Once an Encumbered License in the Home State is restored to an 29
Unencumbered License (as certified by the Home State’s Licensing Authority), 30
the Licensee must meet the requirements of Section 4(A) and follow the 31
administrative requirements to reapply to obtain a Compact Privilege in any 32
Remote State. 33
J. If a Member State takes Adverse Action, it shall promptly notify 34
the administrator of the Data System. The administrator of the Data System 35
shall promptly notify the other Member States State of any Adverse Actions. 36 HB1185
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K. Nothing in this Compact shall override a Member State’s decision 1
that participation in an Alternative Program may be used in lieu of Adverse 2
Action. 3
4
SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION 5
A. The Compact Member States hereby create and establish a joint 6
government agency whose membership consists of all Member States that have 7
enacted the Compact known as the Dietitian Licensure Compact Commission. The 8
Compact Commission is an instrumentality of the Compact States acting jointly 9
and not an instrumentality of any one State. The Compact Commission shall 10
come into existence on or after the effective date of the Compact as set 11
forth in Section 12. 12
B. Membership, Voting, and Meetings 13
1. Each Member State shall have and be limited to one (1) 14
delegate selected by that Member State’s Licensing Authority. 15
2. The delegate shall be the primary administrator of the 16
Licensing Authority or their designee. 17
3. The Compact Commission shall by Rule or bylaw establish a 18
term of office for delegates and may by Rule or bylaw establish term limits. 19
4. The Compact Commission may recommend removal or suspension of 20
any delegate from office. 21
5. A Member State’s Licensing Authority shall fill any vacancy 22
of its delegate occurring on the Compact Commission within 60 days of the 23
vacancy. 24
6. Each delegate shall be entitled to one vote on all matters 25
before the Compact Commission requiring a vote by the delegates. 26
7. Delegates shall meet and vote by such means as set forth in 27
the bylaws. The bylaws may provide for delegates to meet and vote in -person 28
or by telecommunication, video conference, or other means of communication. 29
8. The Compact Commission shall meet at least once during each 30
calendar year. Additional meetings may be held as set forth in the bylaws. 31
The Compact Commission may meet in person or by telecommunication, video 32
conference, or other means of communication. 33
C. The Compact Commission shall have the following powers: 34
1. Establish the fiscal year of the Compact Commission; 35
2. Establish code of conduct and conflict of interest policies; 36 HB1185
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3. Establish and amend Rules and bylaws; 1
4. Maintain its financial records in accordance with the bylaws; 2
5. Meet and take such actions as are consistent with the 3
provisions of this Compact, the Compact Commission’s Rules, and the bylaws; 4
6. Initiate and conclude legal proceedings or actions in the 5
name of the Compact Commission, provided that the standing of any Licensing 6
Authority to sue or be sued under applicable law shall not be affected; 7
7. Maintain and certify records and information provided to a 8
Member State as the authenticated business records of the Compact Commission, 9
and designate an agent to do so on the Compact Commission’s behalf; 10
8. Purchase and maintain insurance and bonds; 11
9. Borrow, accept, or contract for services of personnel, 12
including, but not limited to, employees of a Member State; 13
10. Conduct an annual financial review; 14
11. Hire employees, elect or appoint officers, fix compensation, 15
define duties, grant such individuals appropriate authority to carry out the 16
purposes of the Compact, and establish the Compact Commission’s personnel 17
policies and programs relating to conflicts of interest, qualifications of 18
personnel, and other related personnel matters; 19
12. Assess and collect fees; 20
13. Accept any and all appropriate donations, grants of money, 21
other sources of revenue, equipment, supplies, materials, services, and 22
gifts, and receive, utilize, and dispose of the same; provided that at all 23
times the Compact Commission shall avoid any actual or appearance of 24
impropriety or conflict of interest; 25
14. Lease, purchase, retain, own, hold, improve, or use any 26
property, real, personal, or mixed, or any undivided interest therein; 27
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 28
otherwise dispose of any property real, personal, or mixed; 29
16. Establish a budget and make expenditures; 30
17. Borrow money; 31
18. Appoint committees, including standing committees, composed 32
of members, State regulators, State legislators or their representatives, and 33
consumer representatives, and such other interested persons as may be 34
designated in this Compact or the bylaws; 35
19. Provide and receive information from, and cooperate with, 36 HB1185
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law enforcement agencies; 1
20. Establish and elect an Executive Committee, including a 2
chair and a vice chair; 3
21. Determine whether a State’s adopted language is materially 4
different from the model compact language such that the State would not 5
qualify for participation in the Compact; and 6
22. Perform such other functions as may be necessary or 7
appropriate to achieve the purposes of this Compact. 8
D. The Executive Committee 9
1. The Executive Committee shall have the power to act on behalf 10
of the Compact Commission according to the terms of this Compact. The powers, 11
duties, and responsibilities of the Executive Committee shall include: 12
a. Oversee the day-to-day activities of the administration 13
of the Compact including enforcement and compliance with the provisions of 14
the Compact, its Rules and bylaws, and other such duties as deemed necessary; 15
b. Recommend to the Compact Commission changes to the 16
Rules or bylaws, changes to this Compact legislation, fees charged to Compact 17
Member States, fees charged to Licensees, and other fees; 18
c. Ensure Compact administration services are 19
appropriately provided, including by contract; 20
d. Prepare and recommend the budget; 21
e. Maintain financial records on behalf of the Compact 22
Commission; 23
f. Monitor Compact compliance of Member States and provide 24
compliance reports to the Compact Commission; 25
g. Establish additional committees as necessary; 26
h. Exercise the powers and duties of the Compact 27
Commission during the interim between Compact Commission meetings, except for 28
adopting or amending Rules, adopting or amending bylaws, and exercising any 29
other powers and duties expressly reserved to the Compact Commission by Rule 30
or bylaw; and 31
i. Other duties as provided in the Rules or bylaws of the 32
Compact Commission. 33
2. The Executive Committee shall be composed of nine members: 34
a. The chair and vice chair of the Compact Commission 35
shall be voting members of the Executive Committee; 36 HB1185
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b. Five voting members from the current membership of the 1
Compact Commission, elected by the Compact Commission; 2
c. One ex-officio, nonvoting member from a recognized 3
professional association representing dietitians; and 4
d. One ex-officio, nonvoting member from a recognized 5
national credentialing organization for dietitians. 6
3. The Compact Commission may remove any member of the Executive 7
Committee as provided in the Compact Commission’s bylaws. 8
4. The Executive Committee shall meet at least annually. 9
a. Executive Committee meetings shall be open to the 10
public, except that the Executive Committee may meet in a closed, non -public 11
meeting as provided in subsection (F)(2). 12
b. The Executive Committee shall give 30 days’ notice of 13
its meetings, posted on the website of the Compact Commission and as 14
determined to provide notice to persons with an interest in the business of 15
the Compact Commission. 16
c. The Executive Committee may hold a special meeting in 17
accordance with subsection (F)(1)(b). 18
E. The Compact Commission shall adopt and provide to the Member States 19
an annual report. 20
F. Meetings of the Compact Commission 21
1. All meetings shall be open to the public, except that the 22
Compact Commission may meet in a closed, non -public meeting as provided in 23
subsection (F)(2). 24
a. Public notice for all meetings of the full Compact 25
Commission shall be given in the same manner as required under the rulemaking 26
provisions in Section 10, except that the Compact Commission may hold a 27
special meeting as provided in subsection (F)(1)(b). 28
b. The Compact Commission may hold a special meeting when 29
it must meet to conduct emergency business by giving 24 hours’ notice to all 30
Member States, on the Compact Commission’s website, and other means as 31
provided in the Compact Commission’s Rules. The Compact Commission’s legal 32
counsel shall certify that the Compact Commission’s need to meet qualifies as 33
an emergency. 34
2. The Compact Commission or the Executive Committee or other 35
committees of the Compact Commission may convene in a closed, non -public 36 HB1185
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meeting for the Compact Commission or Executive Committee or other committees 1
of the Compact Commission to receive legal advice or to discuss: 2
a. Non-compliance of a Member State with its obligations 3
under the Compact; 4
b. The employment, compensation, discipline, or other 5
matters, practices, or procedures related to specific employees; 6
c. Current or threatened discipline of a Licensee by the 7
Compact Commission or by a Member State’s Licensing Authority; 8
d. Current, threatened, or reasonably anticipated 9
litigation; 10
e. Negotiation of contracts for the purchase, lease, or 11
sale of goods, services, or real estate; 12
f. Accusing any person of a crime or formally censuring 13
any person; 14
g. Trade secrets or commercial or financial information 15
that is privileged or confidential; 16
h. Information of a personal nature where disclosure would 17
constitute a clearly unwarranted invasion of personal privacy; 18
i. Investigative records compiled for law enforcement 19
purposes; 20
j. Information related to any investigative reports 21
prepared by or on behalf of or for use of the Compact Commission or other 22
committee charged with responsibility of investigation or determination of 23
compliance issues pursuant to the Compact; 24
k. Matters specifically exempted from disclosure by 25
federal or Member State law; or 26
l. Other matters as specified in the Rules of the Compact 27
Commission. 28
3. If a meeting, or portion of a meeting, is closed, the 29
presiding officer shall state that the meeting will be closed and reference 30
each relevant exempting provision, and such reference shall be recorded in 31
the minutes. 32
4. The Compact Commission shall keep minutes that fully and 33
clearly describe all matters discussed in a meeting and shall provide a full 34
and accurate summary of actions taken, and the reasons therefore, including a 35
description of the views expressed. All documents considered in connection 36 HB1185
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with an action shall be identified in such minutes. All minutes and documents 1
of a closed meeting shall remain under seal, subject to release only by a 2
majority vote of the Compact Commission or order of a court of competent 3
jurisdiction. 4
G. Financing of the Compact Commission 5
1. The Compact Commission shall pay, or provide for the payment 6
of, the reasonable expenses of its establishment, organization, and ongoing 7
activities. 8
2. The Compact Commission may accept any and all appropriate 9
revenue sources as provided in subsection (C)(13). 10
3. The Compact Commission may levy on and collect an annual 11
assessment from each Member State and impose fees on Licensees of Member 12
States to whom it grants a Compact Privilege to cover the cost of the 13
operations and activities of the Compact Commission and its staff, which 14
must, in a total amount, be sufficient to cover its annual budget as approved 15
each year for which revenue is not provided by other sources. The aggregate 16
annual assessment amount for Member States shall be allocated based upon a 17
formula that the Compact Commission shall promulgate by Rule. 18
4. The Compact Commission shall not incur obligations of any 19
kind prior to securing the funds adequate to meet the same; nor shall the 20
Compact Commission pledge the credit of any of the Member States, except by 21
and with the authority of the Member State. 22
5. The Compact Commission shall keep accurate accounts of all 23
receipts and disbursements. The receipts and disbursements of the Compact 24
Commission shall be subject to the financial review and accounting procedures 25
established under its bylaws. However, all receipts and disbursements of 26
funds handled by the Compact Commission shall be subject to an annual 27
financial review by a certified or licensed public accountant, and the report 28
of the financial review shall be included in and become part of the annual 29
report of the Compact Commission. 30
H. Qualified Immunity, Defense, and Indemnification 31
1. The members, officers, executive director, employees and 32
representatives of the Compact Commission shall be immune from suit and 33
liability, both personally and in their official capacity, for any claim for 34
damage to or loss of property or personal injury or other civil liability 35
caused by or arising out of any actual or alleged act, error, or omission 36 HB1185
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that occurred, or that the person against whom the claim is made had a 1
reasonable basis for believing occurred within the scope of Compact 2
Commission employment, duties, or responsibilities; provided that nothing in 3
this paragraph shall be construed to protect any such person from suit or 4
liability for any damage, loss, injury, or liability caused by the 5
intentional or willful or wanton misconduct of that person. The procurement 6
of insurance of any type by the Compact Commission shall not in any way 7
compromise or limit the immunity granted hereunder. 8
2. The Compact Commission shall defend any member, officer, 9
executive director, employee, and representative of the Compact Commission 10
in any civil action seeking to impose liability arising out of any actual or 11
alleged act, error, or omission that occurred within the scope of Compact 12
Commission employment, duties, or responsibilities, or as determined by the 13
Compact Commission that the person against whom the claim is made had a 14
reasonable basis for believing occurred within the scope of Compact 15
Commission employment, duties, or responsibilities; provided that nothing 16
herein shall be construed to prohibit that person from retaining their own 17
counsel at their own expense; and provided further, that the actual or 18
alleged act, error, or omission did not result from that person’s intentional 19
or willful or wanton misconduct. 20
3. The Compact Commission shall indemnify and hold harmless any 21
member, officer, executive director, employee, and representative of the 22
Compact Commission for the amount of any settlement or judgment obtained 23
against that person arising out of any actual or alleged act, error, or 24
omission that occurred within the scope of Compact Commission employment, 25
duties, or responsibilities, or that such person had a reasonable basis for 26
believing occurred within the scope of Compact Commission employment, duties, 27
or responsibilities, provided that the actual or alleged act, error, or 28
omission did not result from the intentional or willful or wanton misconduct 29
of that person. 30
4. Nothing herein shall be construed as a limitation on the 31
liability of any Licensee for professional malpractice or misconduct, which 32
shall be governed solely by any other applicable State laws. 33
5. Nothing in this Compact shall be interpreted to waive or 34
otherwise abrogate a Member State’s state action immunity or state action 35
affirmative defense with respect to antitrust claims under the Sherman Act, 36 HB1185
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Clayton Act, or any other State or federal antitrust or anticompetitive law 1
or regulation. 2
6. Nothing in this Compact shall be construed to be a waiver of 3
sovereign immunity by the Member States or by the Compact Commission. 4
5
SECTION 9. DATA SYSTEM 6
A. The Compact Commission shall provide for the development, 7
maintenance, operation, and utilization of a coordinated Data System. 8
B. The Compact Commission shall assign each applicant for a Compact 9
Privilege a unique identifier, as determined by the Rules. 10
C. Notwithstanding any other provision of State law to the contrary, a 11
Member State shall submit a uniform data set to the Data System on all 12
individuals to whom this Compact is applicable as required by the Rules of 13
the Compact Commission, including: 14
1. Identifying information; 15
2. Licensure data; 16
3. Adverse Actions against a License or Compact Privilege and 17
information related thereto; 18
4. Non-confidential information related to Alternative Program 19
participation, the beginning and ending dates of such participation, and 20
other information related to such participation not made confidential under 21
Member State law; 22
5. Any denial of application for licensure, and the reason(s) 23
for such denial; 24
6. The presence of Current Significant Investigative 25
Information; and 26
7. Other information that may facilitate the administration of 27
this Compact or the protection of the public, as determined by the Rules of 28
the Compact Commission. 29
D. The records and information provided to a Member State pursuant to 30
this Compact or through the Data System, when certified by the Compact 31
Commission or an agent thereof, shall constitute the authenticated business 32
records of the Compact Commission, and shall be entitled to any associated 33
hearsay exception in any relevant judicial, quasi -judicial, or administrative 34
proceedings in a Member State. 35
E. Current Significant Investigative Information pertaining to a 36 HB1185
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Licensee in any Member State will only be available to other Member States. 1
F. It is the responsibility of the Member States to report any Adverse 2
Action against a Licensee and to monitor the Data System to determine whether 3
any Adverse Action has been taken against a Licensee. Adverse Action 4
information pertaining to a Licensee in any Member State will be available to 5
any other Member State. 6
G. Member States contributing information to the Data System may 7
designate information that may not be shared with the public without the 8
express permission of the contributing State. 9
H. Any information submitted to the Data System that is subsequently 10
expunged pursuant to federal law or the laws of the Member State contributing 11
the information shall be removed from the Data System. 12
13
SECTION 10. RULEMAKING 14
A. The Compact Commission shall promulgate reasonable Rules in order 15
to effectively and efficiently implement and administer the purposes and 16
provisions of the Compact. A Rule shall be invalid and have no force or 17
effect only if a court of competent jurisdiction holds that the Rule is 18
invalid because the Compact Commission exercised its rulemaking authority in 19
a manner that is beyond the scope and purposes of the Compact, or the powers 20
granted hereunder, or based upon another applicable standard of review. 21
B. The Rules of the Compact Commission shall have the force of law in 22
each Member State, provided however that where the Rules conflict with the 23
laws or regulations of a Member State that relate to the procedures, actions, 24
and processes a Licensed Dietitian is permitted to undertake in that State 25
and the circumstances under which they may do so, as held by a court of 26
competent jurisdiction, the Rules of the Compact Commission shall be 27
ineffective in that State to the extent of the conflict. 28
C. The Compact Commission shall exercise its rulemaking powers 29
pursuant to the criteria set forth in this Section and the Rules adopted 30
thereunder. Rules shall become binding on the day following adoption or as of 31
the date specified in the Rule or amendment, whichever is later. 32
D. If a majority of the legislatures of the Member States rejects a 33
Rule or portion of a Rule, by enactment of a statute or resolution in the 34
same manner used to adopt the Compact within four (4) years of the date of 35
adoption of the Rule, then such Rule shall have no further force and effect 36 HB1185
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in any Member State. 1
E. Rules shall be adopted at a regular or special meeting of the 2
Compact Commission. 3
F. Prior to adoption of a proposed Rule, the Compact Commission shall 4
hold a public hearing and allow persons to provide oral and written comments, 5
data, facts, opinions, and arguments. 6
G. Prior to adoption of a proposed Rule by the Compact Commission, and 7
at least thirty (30) days in advance of the meeting at which the Compact 8
Commission will hold a public hearing on the proposed Rule, the Compact 9
Commission shall provide a Notice of Proposed rulemaking: 10
1. On the website of the Compact Commission or other publicly 11
accessible platform; 12
2. To persons who have requested notice of the Compact 13
Commission’s notices of proposed rulemaking; and 14
3. In such other way(s) as the Compact Commission may by Rule 15
specify. 16
H. The Notice of Proposed rulemaking shall include: 17
1. The time, date, and location of the public hearing at which 18
the Compact Commission will hear public comments on the proposed Rule and, if 19
different, the time, date, and location of the meeting where the Compact 20
Commission will consider and vote on the proposed Rule; 21
2. If the hearing is held via telecommunication, video 22
conference, or other means of communication, the Compact Commission shall 23
include the mechanism for access to the hearing in the Notice of Proposed 24
rulemaking; 25
3. The text of the proposed Rule and the reason therefore; 26
4. A request for comments on the proposed Rule from any 27
interested person; and 28
5. The manner in which interested persons may submit written 29
comments. 30
I. All hearings will be recorded. A copy of the recording and all 31
written comments and documents received by the Compact Commission in response 32
to the proposed Rule shall be available to the public. 33
J. Nothing in this Section shall be construed as requiring a separate 34
hearing on each Rule. Rules may be grouped for the convenience of the Compact 35
Commission at hearings required by this Section. 36 HB1185
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K. The Compact Commission shall, by majority vote of all members, take 1
final action on the proposed Rule based on the rulemaking record and the full 2
text of the Rule. 3
1. The Compact Commission may adopt changes to the proposed Rule 4
provided the changes do not enlarge the original purpose of the proposed 5
Rule. 6
2. The Compact Commission shall provide an explanation of the 7
reasons for substantive changes made to the proposed Rule as well as reasons 8
for substantive changes not made that were recommended by commenters. 9
3. The Compact Commission shall determine a reasonable effective 10
date for the Rule. Except for an emergency as provided in Section 10(L), the 11
effective date of the Rule shall be no sooner than 30 days after issuing the 12
notice that it adopted or amended the Rule. 13
L. Upon determination that an emergency exists, the Compact Commission 14
may consider and adopt an emergency Rule with 24 hours’ notice, with 15
opportunity to comment, provided that the usual rulemaking procedures 16
provided in the Compact and in this Section shall be retroactively applied to 17
the Rule as soon as reasonably possible, in no event later than ninety 18
(90) days after the effective date of the Rule. For the purposes of this 19
provision, an emergency Rule is one that must be adopted immediately in order 20
to: 21
1. Meet an imminent threat to public health, safety, or welfare; 22
2. Prevent a loss of Compact Commission or Member State funds; 23
3. Meet a deadline for the promulgation of a Rule that is 24
established by federal law or rule; or 25
4. Protect public health and safety. 26
M. The Compact Commission or an authorized committee of the Compact 27
Commission may direct revision to a previously adopted Rule for purposes of 28
correcting typographical errors, errors in format, errors in consistency, or 29
grammatical errors. Public notice of any revision shall be posted on the 30
website of the Compact Commission. The revision shall be subject to challenge 31
by any person for a period of thirty (30) days after posting. The revision 32
may be challenged only on grounds that the revision results in a material 33
change to a Rule. A challenge shall be made in writing and delivered to the 34
Compact Commission prior to the end of the notice period. If no challenge is 35
made, the revision will take effect without further action. If the revision 36 HB1185
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is challenged, the revision may not take effect without the approval of the 1
Compact Commission. 2
N. No Member State’s rulemaking requirements shall apply under this 3
Compact. 4
5
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 6
A. Oversight 7
1. The executive and judicial branches of State government in 8
each Member State shall enforce this Compact and take all actions necessary 9
and appropriate to implement this Compact. 10
2. Except as otherwise provided in this Compact, venue is proper 11
and judicial proceedings by or against the Compact Commission shall be 12
brought solely and exclusively in a court of competent jurisdiction where the 13
principal office of the Compact Commission is located. The Compact Commission 14
may waive venue and jurisdictional defenses to the extent it adopts or 15
consents to participate in alternative dispute resolution proceedings. 16
Nothing herein shall affect or limit the selection or propriety of venue in 17
any action against a Licensee for professional malpractice, misconduct, or 18
any such similar matter. 19
3. The Compact Commission shall be entitled to receive service 20
of process in any proceeding regarding the enforcement or interpretation of 21
the Compact and shall have standing to intervene in such a proceeding for all 22
purposes. Failure to provide the Compact Commission service of process shall 23
render a judgment or order void as to the Compact Commission, this Compact, 24
or promulgated Rules. 25
B. Default, Technical Assistance, and Termination 26
1. If the Compact Commission determines that a Member State has 27
defaulted in the performance of its obligations or responsibilities under 28
this Compact or the promulgated Rules, the Compact Commission shall provide 29
written notice to the defaulting State. The notice of default shall describe 30
the default, the proposed means of curing the default, and any other action 31
that the Compact Commission may take and shall offer training and specific 32
technical assistance regarding the default. 33
2. The Compact Commission shall provide a copy of the notice of 34
default to the other Member States. 35
C. If a State in default fails to cure the default, the defaulting 36 HB1185
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State may be terminated from the Compact upon an affirmative vote of a 1
majority of the delegates of the Member States, and all rights, privileges, 2
and benefits conferred on that State by this Compact may be terminated 3
on the effective date of termination. A cure of the default does not relieve 4
the offending State of obligations or liabilities incurred during the period 5
of default. 6
D. Termination of membership in the Compact shall be imposed only 7
after all other means of securing compliance have been exhausted. Notice of 8
intent to suspend or terminate shall be given by the Compact Commission to 9
the governor, the majority and minority leaders of the defaulting State’s 10
legislature, the defaulting State’s Licensing Authority, and each of the 11
Member States’ Licensing Authority. 12
E. A State that has been terminated is responsible for all 13
assessments, obligations, and liabilities incurred through the effective date 14
of termination, including obligations that extend beyond the effective date 15
of termination. 16
F. Upon the termination of a State’s membership from this Compact, 17
that State shall immediately provide notice to all Licensees within that 18
State of such termination. The terminated State shall continue to recognize 19
all Compact Privileges granted pursuant to this Compact for a minimum of six 20
months after the date of said notice of termination. 21
G. The Compact Commission shall not bear any costs related to a State 22
that is found to be in default or that has been terminated from the Compact, 23
unless agreed upon in writing between the Compact Commission and the 24
defaulting State. 25
H. The defaulting State may appeal the action of the Compact 26
Commission by petitioning the U.S. District Court for the District of 27
Columbia or the federal district where the Compact Commission has its 28
principal offices. The prevailing party shall be awarded all costs of such 29
litigation, including reasonable attorney’s fees. 30
I. Dispute Resolution 31
1. Upon request by a Member State, the Compact Commission shall 32
attempt to resolve disputes related to the Compact that arise among Member 33
States and between Member and non -Member States. 34
2. The Compact Commission shall promulgate a Rule providing for 35
both mediation and binding dispute resolution for disputes as appropriate. 36 HB1185
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J. Enforcement 1
1. By supermajority vote, the Compact Commission may initiate 2
legal action against a Member State in default in the United States District 3
Court for the District of Columbia or the federal district where the Compact 4
Commission has its principal offices to enforce compliance with the 5
provisions of the Compact and its promulgated Rules. The relief sought may 6
include both injunctive relief and damages. In the event judicial enforcement 7
is necessary, the prevailing party shall be awarded all costs of such 8
litigation, including reasonable attorney’s fees. The remedies herein shall 9
not be the exclusive remedies of the Compact Commission. The Compact 10
Commission may pursue any other remedies available under federal or the 11
defaulting Member State’s law. 12
2. A Member State may initiate legal action against the Compact 13
Commission in the U.S. District Court for the District of Columbia or the 14
federal district where the Compact Commission has its principal offices to 15
enforce compliance with the provisions of the Compact and its promulgated 16
Rules. The relief sought may include both injunctive relief and damages. In 17
the event judicial enforcement is necessary, the prevailing party shall be 18
awarded all costs of such litigation, including reasonable attorney’s fees. 19
3. No party other than a Member State shall enforce this Compact 20
against the Compact Commission. 21
22
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 23
A. The Compact shall come into effect on the date on which the Compact 24
statute is enacted into law in the seventh Member State. 25
1. On or after the effective date of the Compact, the Compact 26
Commission shall convene and review the enactment of each of the first seven 27
Member States (“Charter Member States”) to determine if the statute enacted 28
by each such Charter Member State is materially different than the model 29
Compact statute. 30
a. A Charter Member State whose enactment is found to be 31
materially different from the model Compact statute shall be entitled to the 32
default process set forth in Section 11. 33
b. If any Member State is later found to be in default, or 34
is terminated, or withdraws from the Compact, the Compact Commission shall 35
remain in existence and the Compact shall remain in effect even if the number 36 HB1185
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of Member States should be less than seven. 1
2. Member States enacting the Compact subsequent to the seven 2
initial Charter Member States shall be subject to the process set forth in 3
Section 8(C)(21) to determine if their enactments are materially different 4
from the model Compact statute and whether they qualify for participation in 5
the Compact. 6
3. All actions taken for the benefit of the Compact Commission 7
or in furtherance of the purposes of the administration of the Compact prior 8
to the effective date of the Compact or the Compact Commission coming into 9
existence shall be considered to be actions of the Compact Commission unless 10
specifically repudiated by the Compact Commission. 11
4. Any State that joins the Compact subsequent to the Compact 12
Commission’s initial adoption of the Rules and bylaws shall be subject to the 13
Rules and bylaws as they exist on the date on which the Compact becomes law 14
in that State. Any Rule that has been previously adopted by the Compact 15
Commission shall have the full force and effect of law on the day the Compact 16
becomes law in that State. 17
B. Any Member State may withdraw from this Compact by enacting a 18
statute repealing the same. 19
1. A Member State’s withdrawal shall not take effect until 180 20
days after enactment of the repealing statute. 21
2. Withdrawal shall not affect the continuing requirement of the 22
withdrawing State’s Licensing Authority to comply with the investigative and 23
Adverse Action reporting requirements of this Compact prior to the effective 24
date of withdrawal. 25
3. Upon the enactment of a statute withdrawing from this 26
Compact, a State shall immediately provide notice of such withdrawal to all 27
Licensees within that State. Notwithstanding any subsequent statutory 28
enactment to the contrary, such withdrawing State shall continue to recognize 29
all Compact Privileges granted pursuant to this Compact for a minimum of 180 30
days after the date of such notice of withdrawal. 31
C. Nothing contained in this Compact shall be construed to invalidate 32
or prevent any licensure agreement or other cooperative arrangement between a 33
Member State and a non -Member State that does not conflict with the 34
provisions of this Compact. 35
D. This Compact may be amended by the Member States. No amendment to 36 HB1185
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this Compact shall become effective and binding upon any Member State until 1
it is enacted into the laws of all Member States. 2
3
SECTION 13. CONSTRUCTION AND SEVERABILITY 4
A. This Compact and the Compact Commission’s rulemaking authority 5
shall be liberally construed so as to effectuate the purposes and the 6
implementation and administration of the Compact. Provisions of the Compact 7
expressly authorizing or requiring the promulgation of Rules shall not be 8
construed to limit the Compact Commission’s rulemaking authority solely for 9
those purposes. 10
B. The provisions of this Compact shall be severable and if any 11
phrase, clause, sentence, or provision of this Compact is held by a court of 12
competent jurisdiction to be contrary to the constitution of any Member 13
State, a State seeking participation in the Compact, or of the United States, 14
or the applicability thereof to any government, agency, person, or 15
circumstance is held to be unconstitutional by a court of competent 16
jurisdiction, the validity of the remainder of this Compact and the 17
applicability thereof to any other government, agency, person, or 18
circumstance shall not be affected thereby. 19
C. Notwithstanding Section 13(B), the Compact Commission may deny a 20
State’s participation in the Compact or, in accordance with the requirements 21
of Section 11(B), terminate a Member State’s participation in the Compact, if 22
it determines that a constitutional requirement of a Member State is a 23
material departure from the Compact. Otherwise, if this Compact shall be held 24
to be contrary to the constitution of any Member State, the Compact shall 25
remain in full force and effect as to the remaining Member States and in full 26
force and effect as to the Member State affected as to all severable matters. 27
28
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 29
A. Nothing herein shall prevent or inhibit the enforcement of any 30
other law of a Member State that is not inconsistent with the Compact. 31
B. Any laws, statutes, regulations, or other legal requirements in a 32
Member State in conflict with the Compact are superseded to the extent of the 33
conflict. 34
C. All permissible agreements between the Compact Commission and the 35
Member States are binding in accordance with their terms. 36 HB1185
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1
17-83-402. Administration of compact — Rules. 2
(a) The Arkansas Dietetics Licensing Board is the Dietitian Licensure 3
Compact administrator for this state. 4
(b) The board may adopt rules that are consistent with the compact 5
necessary to implement this subchapter. 6
(c) The board is not required to adopt the rules of the Dietitian 7
Licensure Compact Commission for those rules to be effective in this state. 8
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