Georgia 2025-2026 Regular Session

Georgia House Bill HB185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 52 0820S
2		-	House Bill 185 (COMMITTEE SUBSTITUTE)
3		-	By: Representatives Ehrhart of the 36
4		-	th
5		-	and Powell of the 33
6		-	rd
7		-
	2	+	The House Committee on Regulated Industries offers the following substitute to HB 185:
8	3		A BILL TO BE ENTITLED
9	4		AN ACT
10		-	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
11		-	1
	5	+	To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
12	6		businesses, so as to repeal and reenact Chapter 11A, the "Dietetics Practice Act"; to provide2
13	7		for the licensure of dietitians and nutritionists; to provide for short titles; to provide for the3
14	8		purpose of the chapter; to provide definitions; to establish the Georgia Board of Examiners4
15	9		of Licensed Dietitians and Licensed Nutritionists; to provide for powers, members, officers,5
16	10		and meetings of such board; to provide for the grant of a license without examination; to6
17	11		provide for eligibility for licensure as a dietitian and nutritionist; to provide for provisional7
18	12		licenses; to authorize the board to obtain conviction data; to permit applications to be made8
19	13		under oath; to provide for notice of acceptance or rejection; to provide for examinations; to9
20	14		provide for requirements of licensees; to provide for refusal, suspension, or revocation of10
21	15		licenses; to provide for proceedings; to provide for protected titles; to provide for exceptions11
22	16		to licensure; to provide for statutory construction; to provide for scope of practice; to provide12
23	17		for a qualified supervisor over a supervised practice experience in the practices of dietetics13
24	18		and nutrition; to enter into an interstate compact; to authorize the board to administer such14
25	19		compact; to amend Titles 9, 31, 33, 43, and 51 of the Official Code of Georgia Annotated,15
26	20		relating to civil practice, health, insurance, professions and businesses, and torts,16
27	21		respectively, so as to provide for conforming cross-references; to provide for related matters;17
28	22		to provide for an effective date; to repeal conflicting laws; and for other purposes.18
29	23		H. B. 185 (SUB)
30	24		- 1 - 25 LC 52 0820S
31		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
32		-	19
	25	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
33	26		PART I20
34	27		Dietetics and Nutrition Practices Act21
35	28		SECTION 1-1.22
36	29		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,23
37	30		is amended by repealing and reenacting Chapter 11A, the "Dietetics Practice Act," as24
38	31		follows:25
39		-	"CHAPTER 11A
40		-	26
	32	+	"CHAPTER 11A26
41	33		ARTICLE 127
42	34		43-11A-1.28
43	35		This chapter shall be known and may be cited as the 'Dietetics and Nutrition Practices Act.'29
44	36		43-11A-2.30
45	37		The General Assembly acknowledges that the application of scientific knowledge relating31
46	38		to the practices of dietetics and nutrition is important in the treatment of diseases and32
47	39		medical conditions and in the attainment and maintenance of health. The General33
48	40		Assembly acknowledges further that the rendering of sound dietetic and nutrition services34
49	41		for the treatment and management of diseases and medical conditions in hospitals, nursing35
50	42		homes, school districts, health departments, private practice and consultation, and other36
51	43		settings requires trained and competent professionals. It is declared, therefore, to be the37
52	44		purpose of this chapter to protect the health, safety, and welfare of the public by providing38
53	45		for the licensure of individuals engaged in the practices of dietetics and nutrition, including39
54	46		the provision of medical nutrition therapy.40
55	47		H. B. 185 (SUB)
56	48		- 2 - 25 LC 52 0820S
57	49		43-11A-3.41
58	50		As used in this article, the term:42
59	51		(1) 'ACEND' means the Accreditation Council for Education in Nutrition and Dietetics43
60	52		or its successor organization.44
61	53		(2) 'Advertising' means, but is not limited to, issuing or causing to be distributed any45
62	54		card, sign, or other device; causing or permitting any sign or marking on or in any46
63	55		building or structure or in any newspaper, magazine, or directory; or causing or47
64	56		permitting any announcement on radio or any announcement or display on television, a48
65	57		computer network, or an electronic or telephonic medium.49
66	58		(3) 'Applicant' means an individual seeking a license under this article.50
67	59		(4) 'Board' means the Georgia Board of Examiners of Licensed Dietitians and Licensed51
68	60		Nutritionists established by this article.52
69	61		(5) 'Degree' means a degree received from an accredited college or university or a53
70	62		validated foreign equivalent as recognized by the board by approval, policy, or rule.54
71	63		(6) 'General nonmedical nutrition information' means information on:55
72	64		(A) Principles of human nutrition and food preparation;56
73	65		(B) Principles of self-care and a healthy relationship with food;57
74	66		(C) Essential nutrients needed by the human body;58
75	67		(D) General and nonindividualized recommended amounts of essential nutrients in the59
76	68		human body;60
77	69		(E) Actions of nutrients in the human body;61
78	70		(F) Nonindividualized effects of deficiencies or excesses of nutrients in the human62
79	71		body; or63
80	72		(G) General education surrounding foods, herbs, and dietary supplements that are good64
81	73		sources of essential nutrients in the human body.65
82	74		(7) 'Licensed dietitian' means an individual duly licensed under this chapter as meeting66
83	75		the requirements provided for in subsection (a) of Code Section 43-11A-9 to engage in67
84	76		H. B. 185 (SUB)
85	77		- 3 - 25 LC 52 0820S
86	78		the practice of dietetics and the practice of nutrition, including the provision of medical68
87	79		nutrition therapy.69
88	80		(8) 'Licensed nutritionist' means an individual duly licensed under this chapter as70
89	81		meeting the requirements provided for in subsection (c) of Code Section 43-11A-9 to71
90	82		engage in the practice of nutrition, including the provision of medical nutrition therapy.72
91	83		(9) 'Medical nutrition therapy' means the provision of any of the following nutrition care73
92	84		services for the treatment or management of a disease or medical condition: nutrition74
93	85		assessment, nutrition diagnosis, nutrition intervention, or nutrition monitoring and75
94	86		evaluation.76
95	87		(10) 'Medical weight control' means medical nutrition therapy provided for the purpose77
96	88		of reducing, maintaining, or gaining weight.78
97	89		(11) 'Nonmedical weight control' means nutrition care services provided for the purpose79
98	90		of reducing, maintaining, or gaining weight that do not constitute the treatment or80
99	91		management of a disease or medical condition. Such term includes weight control81
100	92		services for healthy population groups to achieve or maintain a healthy weight.82
101	93		(12) 'Nutrition assessment' means the ongoing, dynamic, and systematic process of83
102	94		ordering, obtaining, verifying, and interpreting biochemical, anthropometric, physical,84
103	95		nutrigenomic, and dietary data to make decisions about the nature and cause of nutrition85
104	96		related problems relative to patient or community needs. Such term includes the initial86
105	97		data collection and evaluation and any reassessment and analysis of patient or community87
106	98		needs and provides the foundation for nutrition diagnosis and nutritional88
107	99		recommendations and orders. Such term may require ordering laboratory tests to check89
108	100		and track nutritional status. The collection of such data shall not, by itself, constitute90
109	101		nutrition assessment.91
110	102		(13) 'Nutrition care process' means the systematic problem-solving method that licensed92
111	103		dietitians use to critically think and make decisions when providing medical nutrition93
112	104		therapy or to address nutrition related problems and provide safe, effective care. Such94
113	105		H. B. 185 (SUB)
114	106		- 4 - 25 LC 52 0820S
115	107		term consists of four distinct but interrelated steps: nutrition assessment, nutrition95
116	108		diagnosis, nutrition intervention, and nutrition monitoring and evaluation.96
117	109		(14) 'Nutrition care services' means any part or all of the following services provided97
118	110		within a systematic process:98
119	111		(A) Assessing and evaluating the nutritional needs of individuals and groups and99
120	112		determining resources and constraints in a practice setting, including ordering nutrition100
121	113		related laboratory tests to check and track nutrition status;101
122	114		(B) Identifying nutrition problems and establishing priorities, goals, and objectives that102
123	115		meet nutritional needs and are consistent with available resources and constraints;103
124	116		(C) Creating individualized dietary plans and issuing and implementing orders to meet104
125	117		the nutritional needs of healthy individuals and individuals with disease states or105
126	118		medical conditions, including ordering therapeutic diets, and monitoring the106
127	119		effectiveness of such dietary plans and orders;107
128	120		(D) Determining and providing appropriate nutrition interventions in health and108
129	121		disease, including nutrition counseling on food and prescription drug interactions;109
130	122		(E) Developing, implementing, and managing nutrition care processes; or110
131	123		(F) Evaluating, making changes in, and maintaining appropriate standards of quality111
132	124		in food and nutrition services.112
133	125		(15) 'Nutrition counseling' means a supportive process, characterized by a collaborative113
134	126		counselor-patient relationship with individuals or groups, to establish food and nutrition114
135	127		priorities, goals, individualized action plans, and general physical activity guidance that115
136	128		acknowledge and foster responsibility for self-care to promote health and wellness or to116
137	129		treat or manage an existing disease or medical condition.117
138	130		(16) 'Nutrition diagnosis' means identifying and labeling nutritional problems managed118
139	131		and treated by a licensed dietitian but does not include a medical diagnosis of the health119
140	132		status of an individual.120
141	133		H. B. 185 (SUB)
142	134		- 5 - 25 LC 52 0820S
143	135		(17) 'Nutrition intervention' means purposefully planned actions, including nutrition121
144	136		counseling, intended to positively change a nutrition related behavior, risk factor,122
145	137		environmental condition, or aspect of the health status of an individual, his or her family123
146	138		or caregivers, target groups, or a community at large. Such term includes approving,124
147	139		ordering, and monitoring therapeutic diets and providing counseling on food and125
148	140		prescription drug interactions.126
149	141		(18) 'Nutrition monitoring and evaluation' means identifying patient outcomes relevant127
150	142		to a nutrition diagnosis, nutrition intervention plans, and nutrition goals; comparing those128
151	143		outcomes with a patient's previous health status, nutrition intervention plans, and nutrition129
152	144		goals or with a reference standard to determine the progress made in achieving desired130
153	145		outcomes of nutrition care services; and determining whether planned nutrition131
154	146		interventions should be continued, revised, or concluded.132
155	147		(19) 'Patient' means an individual recipient of nutrition care services.133
156	148		(20) 'Practice of dietetics' means the integration and application of scientific principles134
157	149		derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics,135
158	150		physiology, pharmacology, food systems, management, and behavioral and social136
159	151		sciences to achieve and maintain optimal nutrition status of individuals and groups and137
160	152		includes the practice of nutrition. Such term means primarily the provision of nutrition138
161	153		care services, including medical nutrition therapy, in person or via telehealth, to prevent,139
162	154		manage, or treat acute or chronic diseases or medical conditions and to promote wellness140
163	155		in inpatient and outpatient settings. Consistent with the level of competence of the141
164	156		provider, such term includes developing and ordering therapeutic diets via oral, enteral,142
165	157		and parenteral routes and providing other advanced medical nutrition therapy and related143
166	158		support activities consistent with current competencies required of academic and144
167	159		supervised practice programs accredited by a programmatic accreditor and in accord with145
168	160		the scope and standards of practice published by the Commission on Dietetic Registration146
169	161		H. B. 185 (SUB)
170	162		- 6 - 25 LC 52 0820S
171	163		of the Academy of Nutrition and Dietetics or its successor organization or as may be147
172	164		prescribed by the board.148
173	165		(21) 'Practice of nutrition' means the integration and application of scientific principles149
174	166		derived from the study of nutrition science, cellular and systemic metabolism,150
175	167		biochemistry, physiology, and behavioral sciences to achieve and maintain health151
176	168		throughout the lifespan. Such term means primarily the provision of nutrition care152
177	169		services, including medical nutrition therapy, in person or via telehealth, to prevent,153
178	170		manage, or treat chronic diseases or medical conditions and to promote wellness in154
179	171		outpatient settings. Consistent with the level of competence of the provider, such term155
180	172		may include the ordering of oral therapeutic diets, the ordering of medical laboratory tests156
181	173		related to nutritional therapeutic treatments, and the provision of recommendations on157
182	174		vitamins, minerals, and other dietary supplements.158
183	175		(22) 'Programmatic accreditor' means a nationally recognized organization that reviews159
184	176		specialized and professional programs and includes ACEND and such organizations as160
185	177		recognized by the board by approval, policy, or rule.161
186	178		(23) 'Provisional license' means a temporary license issued by the board pursuant to162
187	179		Code Section 43-11A-10.163
188	180		(24) 'Qualified supervisor' means an individual providing supervision who assumes full164
189	181		professional responsibility for the work of a supervisee by verifying, directing, and165
190	182		approving the provided nutrition care services, medical nutrition therapy, and other work166
191	183		being supervised, as provided for in Code Section 43-11A-19.167
192	184		(25) 'Registered dietitian' means an individual who is credentialed by the Commission168
193	185		on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor169
194	186		organization as a registered dietitian or a registered dietitian nutritionist and is authorized170
195	187		to use such title and the designation 'RD' or 'RDN.'171
196	188		H. B. 185 (SUB)
197	189		- 7 - 25 LC 52 0820S
198	190		(26) 'Supervisee' means a student, intern, or trainee providing nutrition care services,172
199	191		medical nutrition therapy, and other work under the supervision of a qualified supervisor,173
200	192		as provided for in Code Section 43-11A-19.174
201	193		(27) 'Telehealth' means the use of electronic information and telecommunications175
202	194		technologies to provide services under this chapter between a healthcare provider in one176
203	195		location and an individual in another location to support clinical healthcare, public health,177
204	196		patient health related education, and health administration.178
205	197		(28) 'Therapeutic diet' means a diet intervention prescribed by a licensed physician or179
206	198		other authorized nonphysician practitioner that provides food or nutrients via oral,180
207	199		enteral, or parenteral routes as part of the treatment of a disease or medical condition to181
208	200		modify, eliminate, decrease, or increase identified micronutrients and macronutrients in182
209	201		a patient's diet, or to provide mechanically altered food when indicated.183
210	202		(29) 'Unrestricted practice of medical nutrition therapy' means the provision of medical184
211	203		nutrition therapy by an individual who is responsible for his or her own practice or185
212	204		treatment procedures.186
213	205		43-11A-4.187
214	206		(a) The Georgia Board of Examiners of Licensed Dietitians in existence prior to188
215	207		July 1, 2025, is continued in existence thereafter as the Georgia Board of Examiners of189
216	208		Licensed Dietitians and Licensed Nutritionists. Members of the board serving immediately190
217	209		prior to July 1, 2025, shall continue to serve out their respective terms of office and until191
218	210		their successors are appointed and qualified. The board shall consist of nine members192
219	211		representing the licensed professions and public at large as follows:193
220	212		(1) Six board members shall be licensed dietitians, including a clinical dietitian, a194
221	213		community or public health dietitian, an educator specializing in dietetics and on the195
222	214		faculty of a college or university, and a private practice dietitian;196
223	215		(2) One board member shall be a licensed nutritionist;197
224	216		H. B. 185 (SUB)
225	217		- 8 - 25 LC 52 0820S
226	218		(3) One board member shall be a physician licensed to practice medicine under198
227	219		Chapter 34 of this title; and199
228	220		(4) One board member shall represent the public at large.200
229	221		(b) Members of the board shall be appointed by the Governor with the confirmation of the201
230	222		Senate. Members of the board shall take office on the first day of July immediately202
231	223		following the expired terms of that office and shall serve for terms of four years and until203
232	224		their successors are appointed and qualified. Any individual appointed to the board when204
233	225		the Senate is not in session may serve on the board without Senate confirmation until the205
234	226		Senate acts on that appointment. No member shall serve on the board for more than two206
235	227		consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation207
236	228		of the Senate.208
237	229		(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code209
238	230		Section 43-1-2.210
239	231		(d) All members of the board shall take the constitutional oath of office.211
240	232		43-11A-5.212
241	233		(a) Members of the board representing the licensed professions shall:213
242	234		(1) Be citizens of the United States and residents of this state;214
243	235		(2) Have engaged in the practice of dietetics or practice of nutrition for compensation for215
244	236		not less than five years; and216
245	237		(3) Be licensed under this chapter.217
246	238		(b) The member of the board representing the public at large shall be a citizen of the218
247	239		United States and a resident of this state and shall have no connection whatsoever with the219
248	240		practice of dietetics or the practice of nutrition.220
249	241		(c) The Governor may remove members of the board, after notice and opportunity for221
250	242		hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any222
251	243		H. B. 185 (SUB)
252	244		- 9 - 25 LC 52 0820S
253	245		felony, failure to meet the qualifications of this chapter, or committing any act prohibited223
254	246		by this chapter.224
255	247		43-11A-6.225
256	248		The board shall meet quarterly and shall elect from its members a chairperson, a vice226
257	249		chairperson, and any other officers as deemed necessary who shall hold office according227
258	250		to the rules adopted by the board. Additional meetings may be held upon the call of the228
259	251		chairperson of the board or at the written request of any three members of the board. Board229
260	252		meetings may be conducted by audio or video conference calls, and participation in such230
261	253		conference call shall constitute attendance at the meeting so conducted.231
262	254		43-11A-7.232
263	255		The board shall have the power to:233
264	256		(1) Enforce the provisions of this chapter, and it shall be granted all of the necessary234
265	257		duties, powers, and authority to carry out this responsibility;235
266	258		(2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the236
267	259		administration and enforcement of this chapter in the protection of public health, safety,237
268	260		and welfare;238
269	261		(3) License duly qualified applicants by examination, endorsement, or reinstatement;239
270	262		(4) Implement a disciplinary process;240
271	263		(5) Enforce qualifications for licensure;241
272	264		(6) Set standards for competency of licensees continuing in or returning to practice;242
273	265		(7) Issue orders when a license is surrendered to the board while a complaint,243
274	266		investigation, or disciplinary action against such license is pending;244
275	267		(8) Adopt, revise, and enforce rules regarding advertising by licensees, including, but not245
276	268		limited to, rules to prohibit false, misleading, or deceptive practices;246
277	269		(9) Adopt, publish in print or electronically, and enforce a code of ethics;247
278	270		H. B. 185 (SUB)
279	271		- 10 - 25 LC 52 0820S
280	272		(10) Establish examination and licensing fees;248
281	273		(11) Request and receive the assistance of state educational institutions or other state249
282	274		agencies;250
283	275		(12) Prepare information of consumer interest describing the regulatory functions of the251
284	276		board and describing the procedures by which consumer complaints are filed with and252
285	277		resolved by the board. The board shall make such information available to the general253
286	278		public and appropriate state agencies;254
287	279		(13) Establish continuing education requirements;255
288	280		(14) Adopt a seal which shall be affixed only in such manner as prescribed by the board; 256
289	281		(15) Conduct criminal background investigations by the submission of fingerprints to the257
290	282		Federal Bureau of Investigation through the Georgia Crime Information Center; provided,258
291	283		however, that reports from such background investigations shall not be shared with259
292	284		entities outside of the state; and260
293	285		(16) Administer the Dietitian Licensure Compact contained in Article 2 of this chapter.261
294	286		43-11A-8.262
295	287		The board may, in its discretion, grant, upon application and payment of fees, a license263
296	288		without examination to an individual who, at the time of application, either:264
297	289		(1) Holds a valid license or certification as a licensed or certified dietitian, dietitian265
298	290		nutritionist, or nutritionist issued by another state, political territory, or jurisdiction266
299	291		acceptable to the board if, in the board's opinion, the requirements for such license or267
300	292		certification are substantially equal to or greater than licensure requirements provided for268
301	293		under this chapter and rules and regulations promulgated by the board; or269
302	294		(2) Applies for licensure as a licensed dietitian and presents evidence satisfactory to the270
303	295		board that such individual is a registered dietitian.271
304	296		H. B. 185 (SUB)
305	297		- 11 - 25 LC 52 0820S
306	298		43-11A-9.272
307	299		(a) Each applicant for a license as a licensed dietitian shall be at least 18 years of age,273
308	300		submit a completed application upon a form and in such manner as the board prescribes,274
309	301		pay any applicable fees, and be in compliance with the following requirements:275
310	302		(1) Possession of a master's or doctoral degree and completion of a program of study276
311	303		accredited by a programmatic accreditor;277
312	304		(2) Satisfactory completion of a documented, supervised experience in the practice of278
313	305		dietetics accredited by a programmatic accreditor, consisting of not less than 1,000 hours279
314	306		of supervised practice under the supervision of a qualified supervisor as provided for in280
315	307		Code Section 43-11A-19; provided, however, that an applicant shall complete such281
316	308		experience within five years of earning the degree required under paragraph (1) of this282
317	309		subsection; provided, further, that the board in its discretion may grant an extension for283
318	310		a limited time for extraordinary circumstances;284
319	311		(3) Successful completion of the examination for registered dietitians administered by285
320	312		the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or286
321	313		its successor organization; provided, however, that, if such successful completion287
322	314		occurred more than five years before the license application, the applicant shall288
323	315		demonstrate to the satisfaction of the board completion of 75 hours of continuing289
324	316		education for each five-year period post-examination; and290
325	317		(4) Completion of such other requirements as may be prescribed by the board.291
326	318		(b) All individuals who are licensed dietitians and who have submitted an application for292
327	319		licensure as a licensed dietitian prior to July 1, 2025, shall remain licensed so long as the293
328	320		licensee remains in good standing and maintains an active or inactive license.294
329	321		(c) Each applicant for a license as a licensed nutritionist shall be at least 18 years of age,295
330	322		submit a completed application upon a form and in such manner as the board prescribes,296
331	323		pay any applicable fees, and be in compliance with the following requirements:297
332	324		H. B. 185 (SUB)
333	325		- 12 - 25 LC 52 0820S
334	326		(1) Possession of a master's or doctoral degree with a major course of study in human298
335	327		nutrition, food and nutrition, community nutrition, public health nutrition, nutrition299
336	328		education, nutrition science, clinical nutrition, applied clinical nutrition, nutrition300
337	329		counseling, nutrition and functional medicine, nutritional biochemistry, nutrition and301
338	330		integrative health, or a comparable major or in a field of clinical healthcare, provided that302
339	331		such applicant shall complete coursework leading to competence in medical nutrition303
340	332		therapy, including, but not limited to:304
341	333		(A) Fifteen semester hours of courses in clinical or life sciences, including at least305
342	334		three semester hours in human anatomy and physiology or an equivalent subject; and306
343	335		(B) Fifteen semester hours of courses in nutrition and metabolism, including at least307
344	336		six semester hours in biochemistry;308
345	337		(2) Satisfactory completion of a documented, continuous supervised practice experience309
346	338		demonstrating competence in providing nutrition care services and medical nutrition310
347	339		therapy approved by the board and meeting the following requirements:311
348	340		(A) An applicant shall complete a supervised practice experience under this paragraph312
349	341		within five years of earning the degree required under paragraph (1) of this subsection;313
350	342		provided, however, that the board in its discretion may grant an extension for a limited314
351	343		time for extraordinary circumstances; and315
352	344		(B) A supervised practice experience under this paragraph shall:316
353	345		(i) Involve at least 1,000 hours in the following practice areas, with a minimum317
354	346		of 200 hours in each practice area: nutrition assessment, nutrition intervention, and318
355	347		nutrition monitoring and evaluation;319
356	348		(ii) Be under the supervision of a qualified supervisor as provided for in Code320
357	349		Section 43-11A-19; and321
358	350		(iii) Prepare an applicant, as determined by the board, to provide nutrition care322
359	351		services to various populations of diverse cultures, genders, and ages, and to be able323
360	352		to competently formulate actionable medical nutrition therapies and nutrition324
361	353		H. B. 185 (SUB)
362	354		- 13 - 25 LC 52 0820S
363	355		interventions, nutrition education, nutrition counseling, and ongoing nutrition care325
364	356		services for the prevention, modulation, and management of a range of chronic326
365	357		diseases and medical conditions;327
366	358		(3) Satisfaction of examination requirements by:328
367	359		(A) Successful completion of the certified nutrition specialist examination329
368	360		administered by the Board for Certification of Nutrition Specialists of the American330
369	361		Nutrition Association or its successor organization, or passage of an equivalent331
370	362		examination on all aspects of the practice of nutrition that has been reviewed under a332
371	363		program accredited by the National Commission for Certifying Agencies or its333
372	364		successor organization or a credentialing entity recognized by the board by approval,334
373	365		policy, or rule and that is approved by a two-thirds' vote of the board; provided,335
374	366		however, that, if such successful completion occurred more than five years before the336
375	367		license application, the applicant shall demonstrate to the satisfaction of the board337
376	368		completion of 75 hours of continuing education for each five-year period338
377	369		post-examination; or339
378	370		(B) Demonstration that the applicant holds a valid current certification from the Board340
379	371		for Certification of Nutrition Specialists of the American Nutrition Association or its341
380	372		successor organization that allows the applicant to use the title 'certified nutrition342
381	373		specialist'; and343
382	374		(4) Completion of such other requirements as may be prescribed by the board.344
383	375		43-11A-10.345
384	376		(a) The board, in its discretion, may issue a provisional license for an individual to engage346
385	377		in the practice of dietetics and the practice of nutrition for one year under the supervision347
386	378		of a licensed dietitian upon the filing of an application with appropriate fees and348
387	379		submission of evidence of successful completion of the education and supervised practice349
388	380		H. B. 185 (SUB)
389	381		- 14 - 25 LC 52 0820S
390	382		requirements for licensure provided for in subsection (a) of Code Section 43-11A-9. Such350
391	383		provisional license shall be valid for one year and shall not be renewed.351
392	384		(b) The board, in its discretion, may issue a provisional license for an individual to engage352
393	385		in the practice of nutrition for one year under the supervision of a licensed dietitian or353
394	386		licensed nutritionist upon the filing of an application with appropriate fees and submission354
395	387		of evidence of successful completion of the education and supervised practice requirements355
396	388		for licensure provided for in subsection (c) of Code Section 43-11A-9. Such provisional356
397	389		license shall be valid for one year and shall not be renewed.357
398	390		43-11A-11.358
399	391		(a) As used in this Code section, the term 'conviction data' means a record of a finding or359
400	392		verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime,360
401	393		regardless of whether an appeal of the conviction has been sought, or a record of a361
402	394		sentencing to first offender treatment without an adjudication of guilt.362
403	395		(b) In order to determine an applicant's suitability as a licensed dietitian or licensed363
404	396		nutritionist, the board shall require such applicant to furnish the board with a full set of364
405	397		fingerprints to enable a criminal background investigation to be conducted. The board365
406	398		shall submit the fingerprints to the Georgia Crime Information Center. If no disqualifying366
407	399		record is identified at the state level, the Georgia Crime Information Center is authorized367
408	400		to submit the fingerprints to the Federal Bureau of Investigation for a national criminal368
409	401		history record check.369
410	402		(c) The Georgia Crime Information Center shall notify the board in writing of any370
411	403		derogatory finding, including, but not limited to, any conviction data from the criminal371
412	404		background investigation, or if there is no such finding. All conviction data received by372
413	405		the board shall be used by it for the exclusive purpose of carrying out its responsibilities373
414	406		under this chapter, shall not be a public record, shall be privileged, and shall not be374
415	407		disclosed to any other person or agency.375
416	408		H. B. 185 (SUB)
417	409		- 15 - 25 LC 52 0820S
418	410		(d) The board may require that all applications be made under oath.376
419	411		43-11A-12.377
420	412		After evaluation of an application and documents submitted, the board shall notify each378
421	413		applicant that the application and documents submitted are satisfactory and accepted or379
422	414		unsatisfactory and rejected. If the application and documents are unsatisfactory and380
423	415		rejected, the notice shall state the reasons for the rejection.381
424	416		43-11A-13.382
425	417		(a) Examinations to determine qualifications for licensure as provided for in Code383
426	418		Section 43-11A-9 shall be administered to qualified applicants at least twice each calendar384
427	419		year. The examinations may be administered by a national testing service.385
428	420		(b) The board shall notify each examinee of the results of the examination.386
429	421		43-11A-14.387
430	422		(a) A license issued by the board is the property of the board and shall be surrendered on388
431	423		demand.389
432	424		(b) The licensee shall display the license certificate in an appropriate and public manner.390
433	425		(c) The licensee shall inform the board of any change of address.391
434	426		(d) If a licensee is not in violation of this chapter at the time of application for renewal and392
435	427		if such licensee fulfills current requirements of continuing education as established by the393
436	428		board and pays any requisite fees, such license shall be renewed biennially.394
437	429		(e) Each licensee is responsible for renewing his or her license before the expiration date.395
438	430		(f) Under procedures and conditions established by the board, a licensee may request that396
439	431		his or her license be declared inactive; provided, however, that such licensee may apply for397
440	432		active status at any time and, upon meeting the conditions set by the board, shall be398
441	433		declared active.399
442	434		H. B. 185 (SUB)
443	435		- 16 - 25 LC 52 0820S
444	436		43-11A-15.400
445	437		The board may refuse to grant or renew a license to an applicant or licensee; administer a401
446	438		public or private reprimand, but a private reprimand shall not be disclosed to any individual402
447	439		except the licensee; suspend the license of any licensee for a definite period or for an403
448	440		indefinite period in connection with any condition which may be attached to the restoration404
449	441		of such license; limit or restrict the license of any licensee as the board deems necessary405
450	442		for the protection of the public; revoke any license; condition a penalty upon, or withhold406
451	443		formal disposition pending, the applicant's or licensee's submission to such care,407
452	444		counseling, or treatment as the board may direct; or impose a fine not to exceed $500.00408
453	445		for each violation of a law, rule, or regulation relating to the practice of dietetics or the409
454	446		practice of nutrition upon a finding by a majority of the board that the applicant or licensee410
455	447		has:411
456	448		(1) Failed to demonstrate the qualifications or standards for a license contained in this412
457	449		chapter or under the laws, rules, or regulations under which licensure is sought or held. 413
458	450		It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board414
459	451		that such applicant meets all the requirements for the issuance of a license, and, if the415
460	452		board is not satisfied as to the applicant's qualifications, it may deny a license without a416
461	453		prior hearing; provided, however, that the applicant shall be allowed to appear before the417
462	454		board if he or she so desires;418
463	455		(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the419
464	456		practice of a business or profession licensed under this title or on any document420
465	457		connected therewith, or practiced fraud or deceit or intentionally made any false421
466	458		statement in obtaining a license to practice the licensed business or profession, or made422
467	459		a false statement or deceptive registration with the board;423
468	460		(3) Been convicted of any felony or of any crime directly related to the duties and424
469	461		responsibilities of a dietitian or nutritionist in the courts of this state or any other state,425
470	462		territory, or country or in the courts of the United States; as used in this paragraph and426
471	463		H. B. 185 (SUB)
472	464		- 17 - 25 LC 52 0820S
473	465		paragraph (4) of this Code section, the term 'felony' shall include any offense which, if427
474	466		committed in this state, would be deemed a felony, without regard to its designation428
475	467		elsewhere; and, as used in this paragraph, the term 'convicted' shall include a finding or429
476	468		verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has430
477	469		been sought;431
478	470		(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime432
479	471		directly related to the duties and responsibilities of a dietitian or nutritionist where a plea433
480	472		of nolo contendere was entered to the charge, first offender treatment without434
481	473		adjudication of guilt pursuant to the charge was granted, or an adjudication or sentence435
482	474		was otherwise withheld or not entered on the charge. The plea of nolo contendere or the436
483	475		order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to437
484	476		probation of first offenders, or other first offender treatment shall be conclusive evidence438
485	477		of arrest and sentencing for such crime;439
486	478		(5) Had his or her license to practice a business or profession licensed under this title440
487	479		revoked, suspended, or annulled by any lawful licensing authority other than the board;441
488	480		had other disciplinary action taken against him or her by any such lawful licensing442
489	481		authority other than the board; been denied a license by any such lawful licensing443
490	482		authority other than the board, pursuant to disciplinary proceedings; or been refused the444
491	483		renewal of a license by any such lawful licensing authority other than the board, pursuant445
492	484		to disciplinary proceedings;446
493	485		(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or447
494	486		practice harmful to the public, which conduct or practice materially affects the fitness of448
495	487		the licensee or applicant to engage in the practice of dietetics or the practice of nutrition,449
496	488		or of a nature likely to jeopardize the interest of the public, which conduct or practice450
497	489		need not have resulted in actual injury to any person or be directly related to the practice451
498	490		of dietetics or the practice of nutrition but shows that the licensee or applicant has452
499	491		committed any act or omission which is indicative of untrustworthiness; unprofessional453
500	492		H. B. 185 (SUB)
501	493		- 18 - 25 LC 52 0820S
502	494		conduct shall also include any departure from, or the failure to conform to, the minimal454
503	495		standards of acceptable and prevailing practice of a business or profession licensed under455
504	496		this title;456
505	497		(7) Knowingly performed any act which in any way aids, assists, procures, advises, or457
506	498		encourages any unlicensed individual or any licensee whose license has been suspended458
507	499		or revoked by a professional licensing board to practice a business or profession licensed459
508	500		under this title or to practice outside the scope of any disciplinary limitation placed upon460
509	501		the licensee by the board;461
510	502		(8) Violated a statute, law, or rule or regulation of this state, any other state, the462
511	503		professional licensing board regulating the business or profession licensed under this title,463
512	504		the United States, or any other lawful authority, without regard to whether the violation464
513	505		is criminally punishable, which statute, law, or rule or regulation relates to or in part465
514	506		regulates the practice of dietetics or the practice of nutrition, when the licensee or466
515	507		applicant knows or should know that such action is violative of such statute, law, or rule467
516	508		or regulation; or violated a lawful order of the board previously entered by the board in468
517	509		a disciplinary hearing, consent decree, or license reinstatement;469
518	510		(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or470
519	511		outside of this state; any such adjudication shall automatically suspend the license of any471
520	512		such individual and shall prevent the reissuance or renewal of any license so suspended472
521	513		for as long as the adjudication of incompetence is in effect; or473
522	514		(10) Displayed an inability to practice a business or profession licensed under this title474
523	515		with reasonable skill and safety to the public or has become unable to practice the475
524	516		licensed business or profession with reasonable skill and safety to the public by reason476
525	517		of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.477
526	518		H. B. 185 (SUB)
527	519		- 19 - 25 LC 52 0820S
528	520		43-11A-16.478
529	521		(a) Only a licensed dietitian or licensed nutritionist or a person authorized to engage in the479
530	522		practice of dietetics or the practice of nutrition under this chapter shall engage in the480
531	523		practice of dietetics or the practice of nutrition to the extent such services constitute481
532	524		medical nutrition therapy.482
533	525		(b) No individual shall designate or hold himself or herself out as a licensed dietitian; use483
534	526		or assume the title 'dietitian,' 'licensed dietitian,' 'dietitian nutritionist,' or 'dietician'; use or484
535	527		assume any other title indicating licensure; or append to or use in conjunction with that485
536	528		individual's name the designation 'LD' or 'LDN,' unless the individual is a licensed dietitian486
537	529		under this chapter.487
538	530		(c) No individual shall designate or hold himself or herself out as a licensed nutritionist,488
539	531		use or assume the title 'licensed nutritionist,' use or assume any other title indicating489
540	532		licensure, or append to or use in conjunction with that individual's name the designation490
541	533		'LN,' unless the individual is a licensed nutritionist under this chapter. No individual shall491
542	534		designate or hold himself or herself out as a nutritionist unless the individual is licensed492
543	535		under this chapter or exempt as provided in Code Section 43-11A-18.493
544	536		(d) Use of an earned, federally trademarked nutrition credential is not prohibited.494
545	537		(e) Any individual violating the provisions of this Code section shall be guilty of a495
546	538		misdemeanor.496
547	539		43-11A-17.497
548	540		Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia498
549	541		Administrative Procedure Act.'499
550	542		H. B. 185 (SUB)
551	543		- 20 - 25 LC 52 0820S
552	544		43-11A-18.500
553	545		Provided that the following individuals do not use titles protected under Code501
554	546		Section 43-11A-16 unless otherwise authorized under this Code section, nothing in this502
555	547		chapter shall be construed to affect:503
556	548		(1) A supervisee who is practicing while being supervised by a qualified supervisor as504
557	549		part of a course of study or a documented, continuous supervised practice experience;505
558	550		provided, however, that such supervisee shall use a title that clearly indicates his or her506
559	551		status as a supervisee and shall not engage in the unrestricted practice of medical nutrition507
560	552		therapy;508
561	553		(2) A dietitian or nutritionist serving in the armed forces of the United States or509
562	554		employed by any other federal agency who is using government issued titles and who is510
563	555		engaging in the practice of medical nutrition therapy, provided that such title use and511
564	556		such practice are related to such individual's service or employment;512
565	557		(3) An individual licensed to practice the profession of dentistry, medicine, osteopathy,513
566	558		chiropractic, nursing, or pharmacy engaging in the practice of medical nutrition therapy514
567	559		when incidental to the practice of his or her profession;515
568	560		(4) An employee of a department, agency, or division of state, county, or local516
569	561		government, or an individual contracting with any of the foregoing, who is providing517
570	562		nutrition care services for welfare and public assistance programs under the Division of518
571	563		Family and Children Services of the Department of Human Services or the Special519
572	564		Supplemental Nutrition Program for Women, Infants, and Children under the Department520
573	565		of Public Health and who is authorized to provide such services within the discharge of521
574	566		his or her official duties;522
575	567		(5) An individual who assists in the provision of medical nutrition therapy, provided that523
576	568		such individual performs only support activities that are not discretionary and do not524
577	569		require the exercise of professional judgment for their performance and such individual525
578	570		H. B. 185 (SUB)
579	571		- 21 - 25 LC 52 0820S
580	572		is directly supervised by a licensed dietitian, licensed nutritionist, or healthcare provider526
581	573		licensed in this state acting within the scope of such provider's license;527
582	574		(6) An individual who provides medical weight control services for individuals with528
583	575		obesity as part of:529
584	576		(A) An instructional program that has been approved in writing by a licensed dietitian,530
585	577		licensed nutritionist, or healthcare provider licensed in this state whose authorized531
586	578		scope of practice includes medical nutrition therapy; or532
587	579		(B) A plan of care that is overseen by a healthcare provider licensed in this state whose533
588	580		scope of practice otherwise authorizes such provider to provide and delegate medical534
589	581		nutrition therapy; provided, however, that the medical weight control services are not535
590	582		discretionary and do not require the exercise of professional judgment;536
591	583		(7) An individual who disseminates nonindividualized, written, general nutrition537
592	584		information in connection with the marketing and distribution of dietary supplements,538
593	585		food, herbs, or food materials, including, but not limited to, explanations of their federally539
594	586		regulated label claims, any known drug-nutrient interactions, their role in various diets,540
595	587		or suggestions as how to best use and combine them; provided, however, that such541
596	588		information does not constitute medical nutrition therapy;542
597	589		(8) An individual engaged in the practice of the tenets of any religion, sect, or543
598	590		denomination; provided, however, that such individual does not provide nor represent544
599	591		himself or herself as qualified to engage in medical nutrition therapy;545
600	592		(9) An individual who provides individualized nutrition recommendations for general546
601	593		health and wellness and the prevention of chronic disease, health coaching, holistic and547
602	594		wellness education, guidance, motivation, behavior change management, services for548
603	595		nonmedical weight control, or other nutrition care services, provided that such services549
604	596		do not constitute medical nutrition therapy;550
605	597		(10) An individual who is an operator or employee of a health food store or business that551
606	598		sells health products, including dietary supplements, food, herbs, or food materials, and552
607	599		H. B. 185 (SUB)
608	600		- 22 - 25 LC 52 0820S
609	601		who provides verbal general nonmedical nutrition information that does not constitute553
610	602		medical nutrition therapy; or554
611	603		(11) A healthcare practitioner not located in this state who provides medical nutrition555
612	604		therapy via telehealth to a patient located in this state, provided that such practitioner is556
613	605		a healthcare practitioner licensed or certified in good standing with a scope of practice557
614	606		that includes the provision of medical nutrition therapy and has a practitioner-patient558
615	607		relationship with a patient who is temporarily located in this state; has a559
616	608		practitioner-patient relationship with a patient who is located in this state and such care560
617	609		is limited to temporary or short-term follow-up medical nutrition therapy to ensure561
618	610		continuity of care; or is in consultation with a healthcare practitioner who has a562
619	611		practitioner-patient relationship with the patient.563
620	612		43-11A-19.564
621	613		(a) A qualified supervisor shall:565
622	614		(1) Only supervise a clinical activity or nutrition care service that the qualified supervisor566
623	615		is authorized to perform;567
624	616		(2) Develop and carry out a program for advancing and optimizing the quality of care568
625	617		provided by the supervisee. A qualified supervisor and supervisee shall identify and569
626	618		document goals for such supervised practice experience, the assignment of clinical tasks570
627	619		as appropriate to such supervisee's evolving level of competence, such supervisee's571
628	620		relationship and the amount and type of access to the qualified supervisor, and a process572
629	621		for evaluating the supervisee's performance;573
630	622		(3) Oversee the activities of and approve and accept responsibility for the nutrition care574
631	623		services rendered by the supervisee;575
632	624		(4) At a minimum, be physically on-site and present where the supervisee is providing576
633	625		nutrition care services or be immediately and continuously available to such supervisee577
634	626		by means of two-way real-time audiovisual technology that allows for direct,578
635	627		H. B. 185 (SUB)
636	628		- 23 - 25 LC 52 0820S
637	629		contemporaneous interaction by sight and sound between the qualified supervisor and579
638	630		such supervisee; provided, however, that, if the qualified supervisor assigns to a580
639	631		supervisee a nutrition care service that is to be provided in a setting where the qualified581
640	632		supervisor is not routinely present, such qualified supervisor shall ensure that the means582
641	633		and methods of supervision are adequate to ensure appropriate patient care, which may583
642	634		include synchronous videoconferencing or another method of communication, and584
643	635		oversight that is appropriate to the care setting and the education and experience of the585
644	636		supervisee, as determined by the board by approval, policy, or rule;586
645	637		(5) Review on a regular basis the charts, records, and clinical notes of any supervisee and587
646	638		maintain responsibility for such supervisee's clinical record keeping;588
647	639		(6) Be available to render assistance during the provision of nutrition care services when589
648	640		requested by the patient; provided, however, that, if such qualified supervisor is not590
649	641		available, such qualified supervisor shall arrange for another qualified healthcare provider591
650	642		lawfully able to render nutrition care services to be available; and592
651	643		(7) Limit the assignment of nutrition care services to those services that are within the593
652	644		training and experience of the supervisee and customary to the practice of the qualified594
653	645		supervisor.595
654	646		(b) A qualified supervisor shall:596
655	647		(1) Be licensed or certified in the state or territory where such supervised practice597
656	648		experience occurs as a dietitian, nutritionist, dietitian nutritionist, or healthcare provider598
657	649		whose scope of practice includes the provision of medical nutrition therapy;599
658	650		(2) Meet such other criteria as the board may establish by rule or regulation when a state600
659	651		or territory does not provide for licensure or certification of dietitians, dietitian601
660	652		nutritionists, or nutritionists; or602
661	653		(3) Be an employee of the federal government authorized within the discharge of his or603
662	654		her official duties to provide medical nutrition therapy and exempt from licensure as604
663	655		provided for in paragraph (2) of Code Section 43-11A-18.605
664	656		H. B. 185 (SUB)
665	657		- 24 - 25 LC 52 0820S
666	658		ARTICLE 2606
667	659		43-11A-30.607
668	660		This article shall be known and may be cited as the 'Dietitian Licensure Compact Act.'608
669	661		43-11A-31.609
670	662		The Dietitian Licensure Compact is enacted into law and entered into by the State of610
671	663		Georgia with any and all other states legally joining therein in the form substantially as611
672	664		follows:612
673	665		'DIETITIAN LICENSURE COMPACT613
674	666		SECTION 1. PURPOSE614
675	667		The purpose of this Compact is to facilitate interstate Practice of Dietetics with the goal of615
676	668		improving public access to dietetics services. This Compact preserves the regulatory616
677	669		authority of States to protect public health and safety through the current system of State617
678	670		licensure, while also providing for licensure portability through a Compact Privilege granted618
679	671		to qualifying professionals.619
680	672		This Compact is designed to achieve the following objectives:620
681	673		A. Increase public access to dietetics services;621
682	674		B. Provide opportunities for interstate practice by Licensed Dietitians who meet uniform622
683	675		requirements;623
684	676		C. Eliminate the necessity for Licenses in multiple States;624
685	677		D. Reduce administrative burden on Member States and Licensees;625
686	678		E. Enhance the States' ability to protect the public's health and safety;626
687	679		H. B. 185 (SUB)
688	680		- 25 - 25 LC 52 0820S
689	681		F. Encourage the cooperation of Member States in regulating multistate practice of627
690	682		Licensed Dietitians;628
691	683		G. Support relocating Active Military Members and their spouses;629
692	684		H. Enhance the exchange of licensure, investigative, and disciplinary information among630
693	685		Member States; and631
694	686		I. Vest all Member States with the authority to hold a Licensed Dietitian accountable for632
695	687		meeting all State practice laws in the State in which the patient is located at the time care633
696	688		is rendered.634
697	689		SECTION 2. DEFINITIONS635
698	690		As used in this Compact, and except as otherwise provided, the following definitions shall636
699	691		apply:637
700	692		A. "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics638
701	693		or its successor organization.639
702	694		B. "Active Military Member" means any individual with full-time duty status in the active640
703	695		armed forces of the United States, including members of the National Guard and Reserve.641
704	696		C. "Adverse Action" means any administrative, civil, equitable or criminal action642
705	697		permitted by a State's laws which is imposed by a Licensing Authority or other authority643
706	698		against a Licensee, including actions against an individual's License or Compact Privilege644
707	699		such as revocation, suspension, probation, monitoring of the Licensee, limitation on the645
708	700		Licensee's practice, or any other Encumbrance on licensure affecting a Licensee's646
709	701		authorization to practice, including issuance of a cease and desist action.647
710	702		D. "Alternative Program" means a non-disciplinary monitoring or practice remediation648
711	703		process approved by a Licensing Authority.649
712	704		E. "Charter Member State" means any Member State which enacted this Compact by law650
713	705		before the Effective Date specified in Section 12.651
714	706		H. B. 185 (SUB)
715	707		- 26 - 25 LC 52 0820S
716	708		F. "Continuing Education" means a requirement, as a condition of License renewal, to652
717	709		provide evidence of participation in, and completion of, educational and professional653
718	710		activities relevant to practice or area of work.654
719	711		G. "CDR" means the Commission on Dietetic Registration or its successor organization.655
720	712		H. "Compact Commission" means the government agency whose membership consists of656
721	713		all States that have enacted this Compact, which is known as the Dietitian Licensure657
722	714		Compact Commission, as described in Section 8, and which shall operate as an658
723	715		instrumentality of the Member States.659
724	716		I. "Compact Privilege" means a legal authorization, which is equivalent to a License,660
725	717		permitting the Practice of Dietetics in a Remote State.661
726	718		J. "Current Significant Investigative Information" means:662
727	719		1. Investigative Information that a Licensing Authority, after a preliminary inquiry that663
728	720		includes notification and an opportunity for the subject Licensee to respond, if required664
729	721		by State law, has reason to believe is not groundless and, if proved true, would indicate665
730	722		more than a minor infraction; or666
731	723		2. Investigative Information that indicates that the subject Licensee represents an667
732	724		immediate threat to public health and safety regardless of whether the subject Licensee668
733	725		has been notified and had an opportunity to respond.669
734	726		K. "Data System" means a repository of information about Licensees, including, but not670
735	727		limited to, Continuing Education, examination, licensure, investigative, Compact Privilege671
736	728		and Adverse Action information.672
737	729		L. "Encumbered License" means a License in which an Adverse Action restricts a673
738	730		Licensee's ability to practice dietetics.674
739	731		M. "Encumbrance" means a revocation or suspension of, or any limitation on a Licensee's675
740	732		full and unrestricted Practice of Dietetics by a Licensing Authority.676
741	733		H. B. 185 (SUB)
742	734		- 27 - 25 LC 52 0820S
743	735		N. "Executive Committee" means a group of delegates elected or appointed to act on677
744	736		behalf of, and within the powers granted to them by, this Compact, and the Compact678
745	737		Commission.679
746	738		O. "Home State" means the Member State that is the Licensee's primary State of residence680
747	739		or that has been designated pursuant to Section 6.681
748	740		P. "Investigative Information" means information, records, and documents received or682
749	741		generated by a Licensing Authority pursuant to an investigation.683
750	742		Q. "Jurisprudence Requirement" means an assessment of an individual's knowledge of the684
751	743		State laws and regulations governing the Practice of Dietetics in such State.685
752	744		R. "License" means an authorization from a Member State to either:686
753	745		1. Engage in the Practice of Dietetics (including medical nutrition therapy); or687
754	746		2. Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified688
755	747		dietitian," or other title describing a substantially similar practitioner as the Compact689
756	748		Commission may further define by Rule.690
757	749		S. "Licensee" or "Licensed Dietitian" means an individual who currently holds a License691
758	750		and who meets all of the requirements outlined in Section 4.692
759	751		T. "Licensing Authority" means the board or agency of a State, or equivalent, that is693
760	752		responsible for the licensing and regulation of the Practice of Dietetics.694
761	753		U. "Member State" means a State that has enacted the Compact.695
762	754		V. "Practice of Dietetics" means the synthesis and application of dietetics, primarily for696
763	755		the provision of nutrition care services, including medical nutrition therapy, in person or697
764	756		via telehealth, to prevent, manage, or treat diseases or medical conditions and promote698
765	757		wellness.699
766	758		W. "Registered Dietitian" means a person who:700
767	759		1. Has completed applicable education, experience, examination, and recertification701
768	760		requirements approved by CDR;702
769	761		H. B. 185 (SUB)
770	762		- 28 - 25 LC 52 0820S
771	763		2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist;703
772	764		and704
773	765		3. Is legally authorized to use the title registered dietitian or registered dietitian705
774	766		nutritionist and the corresponding abbreviations "RD" or "RDN."706
775	767		X. "Remote State" means a Member State other than the Home State, where a Licensee707
776	768		is exercising or seeking to exercise a Compact Privilege.708
777	769		Y. "Rule" means a regulation promulgated by the Compact Commission that has the force709
778	770		of law.710
779	771		Z. "Single State License" means a License issued by a Member State within the issuing711
780	772		State and does not include a Compact Privilege in any other Member State.712
781	773		AA. "State" means any state, commonwealth, district, or territory of the United States of713
782	774		America.714
783	775		BB. "Unencumbered License" means a License that authorizes a Licensee to engage in the715
784	776		full and unrestricted Practice of Dietetics.716
785	777		SECTION 3. STATE PARTICIPATION IN THE COMPACT717
786	778		A. To participate in the Compact, a State must currently:718
787	779		1. License and regulate the Practice of Dietetics; and719
788	780		2. Have a mechanism in place for receiving and investigating complaints about720
789	781		Licensees.721
790	782		B. A Member State shall:722
791	783		1. Participate fully in the Compact Commission's Data System, including using the723
792	784		unique identifier as defined in Rules;724
793	785		2. Notify the Compact Commission, in compliance with the terms of the Compact and725
794	786		Rules, of any Adverse Action or the availability of Current Significant Investigative726
795	787		Information regarding a Licensee;727
796	788		H. B. 185 (SUB)
797	789		- 29 - 25 LC 52 0820S
798	790		3. Implement or utilize procedures for considering the criminal history record728
799	791		information of applicants for an initial Compact Privilege. These procedures shall729
800	792		include the submission of fingerprints or other biometric-based information by applicants730
801	793		for the purpose of obtaining an applicant's criminal history record information from the731
802	794		Federal Bureau of Investigation and the agency responsible for retaining that State's732
803	795		criminal records;733
804	796		a. A Member State must fully implement a criminal history record information734
805	797		requirement, within a time frame established by Rule, which includes receiving the735
806	798		results of the Federal Bureau of Investigation record search and shall use those results736
807	799		in determining Compact Privilege eligibility.737
808	800		b. Communication between a Member State and the Compact Commission or among738
809	801		Member States regarding the verification of eligibility for a Compact Privilege shall not739
810	802		include any information received from the Federal Bureau of Investigation relating to740
811	803		a federal criminal history record information check performed by a Member State.741
812	804		4. Comply with and enforce the Rules of the Compact Commission;742
813	805		5. Require an applicant for a Compact Privilege to obtain or retain a License in the743
814	806		Licensee's Home State and meet the Home State's qualifications for licensure or renewal744
815	807		of licensure, as well as all other applicable State laws; and745
816	808		6. Recognize a Compact Privilege granted to a Licensee who meets all of the746
817	809		requirements outlined in Section 4 in accordance with the terms of the Compact and747
818	810		Rules.748
819	811		C. Member States may set and collect a fee for granting a Compact Privilege.749
820	812		D. Individuals not residing in a Member State shall continue to be able to apply for a750
821	813		Member State's Single State License as provided under the laws of each Member State. 751
822	814		However, the Single State License granted to these individuals shall not be recognized as752
823	815		granting a Compact Privilege to engage in the Practice of Dietetics in any other Member753
824	816		State.754
825	817		H. B. 185 (SUB)
826	818		- 30 - 25 LC 52 0820S
827	819		E. Nothing in this Compact shall affect the requirements established by a Member State755
828	820		for the issuance of a Single State License.756
829	821		F. At no point shall the Compact Commission have the power to define the requirements757
830	822		for the issuance of a Single State License to practice dietetics. The Member States shall758
831	823		retain sole jurisdiction over the provision of these requirements.759
832	824		SECTION 4. COMPACT PRIVILEGE760
833	825		A. To exercise the Compact Privilege under the terms and provisions of the Compact, the761
834	826		Licensee shall:762
835	827		1. Satisfy one of the following:763
836	828		a. Hold a valid current registration that gives the applicant the right to use the term764
837	829		Registered Dietitian; or765
838	830		b. Complete all of the following:766
839	831		i. An education program which is either:767
840	832		a) A master's degree or doctoral degree that is programmatically accredited by (i)768
841	833		ACEND; or (ii) a dietetics accrediting agency recognized by the United States769
842	834		Department of Education, which the Compact Commission may by Rule determine,770
843	835		and from a college or university accredited at the time of graduation by the771
844	836		appropriate regional accrediting agency recognized by the Council on Higher772
845	837		Education Accreditation and the United States Department of Education.773
846	838		b) An academic degree from a college or university in a foreign country equivalent774
847	839		to the degree described in subparagraph (a) that is programmatically accredited775
848	840		by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States776
849	841		Department of Education, which the Compact Commission may by Rule determine.777
850	842		ii. A planned, documented, supervised practice experience in dietetics that is778
851	843		programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency779
852	844		recognized by the United States Department of Education which the Compact780
853	845		H. B. 185 (SUB)
854	846		- 31 - 25 LC 52 0820S
855	847		Commission may by Rule determine and which involves at least 1000 hours of781
856	848		practice experience under the supervision of a Registered Dietitian or a Licensed782
857	849		Dietitian.783
858	850		iii. Successful completion of either: (i) the Registration Examination for Dietitians784
859	851		administered by CDR, or (ii) a national credentialing examination for dietitians785
860	852		approved by the Compact Commission by Rule; such completion being no more than786
861	853		five years prior to the date of the Licensee's application for initial licensure and787
862	854		accompanied by a period of continuous licensure thereafter, all of which may be788
863	855		further governed by the Rules of the Compact Commission.789
864	856		2. Hold an Unencumbered License in the Home State;790
865	857		3. Notify the Compact Commission that the Licensee is seeking a Compact Privilege791
866	858		within a Remote State(s);792
867	859		4. Pay any applicable fees, including any State fee, for the Compact Privilege;793
868	860		5. Meet any Jurisprudence Requirements established by the Remote State(s) in which the794
869	861		Licensee is seeking a Compact Privilege; and795
870	862		6. Report to the Compact Commission any Adverse Action, Encumbrance, or restriction796
871	863		on a License taken by any non-Member State within 30 days from the date the action is797
872	864		taken.798
873	865		B. The Compact Privilege is valid until the expiration date of the Home State License. To799
874	866		maintain a Compact Privilege, renewal of the Compact Privilege shall be congruent with800
875	867		the renewal of the Home State License as the Compact Commission may define by Rule. 801
876	868		The Licensee must comply with the requirements of Section 4(A) to maintain the Compact802
877	869		Privilege in the Remote State(s).803
878	870		C. A Licensee exercising a Compact Privilege shall adhere to the laws and regulations of804
879	871		the Remote State. Licensees shall be responsible for educating themselves on, and805
880	872		complying with, any and all State laws relating to the Practice of Dietetics in such Remote806
881	873		State.807
882	874		H. B. 185 (SUB)
883	875		- 32 - 25 LC 52 0820S
884	876		D. Notwithstanding anything to the contrary provided in this Compact or State law, a808
885	877		Licensee exercising a Compact Privilege shall not be required to complete Continuing809
886	878		Education Requirements required by a Remote State. A Licensee exercising a Compact810
887	879		Privilege is only required to meet any Continuing Education Requirements as required by811
888	880		the Home State.812
889	881		SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPA CT813
890	882		PRIVILEGE814
891	883		A. A Licensee may hold a Home State License, which allows for a Compact Privilege in815
892	884		other Member States, in only one Member State at a time.816
893	885		B. If a Licensee changes Home State by moving between two Member States:817
894	886		1. The Licensee shall file an application for obtaining a new Home State License based818
895	887		on a Compact Privilege, pay all applicable fees, and notify the current and new Home819
896	888		State in accordance with the Rules of the Compact Commission.820
897	889		2. Upon receipt of an application for obtaining a new Home State License by virtue of821
898	890		a Compact Privilege, the new Home State shall verify that the Licensee meets the criteria822
899	891		in Section 4 via the Data System, and require that the Licensee complete the following:823
900	892		a. Federal Bureau of Investigation fingerprint based criminal history record824
901	893		information check;825
902	894		b. Any other criminal history record information required by the new Home State; and826
903	895		c. Any Jurisprudence Requirements of the new Home State.827
904	896		3. The former Home State shall convert the former Home State License into a Compact828
905	897		Privilege once the new Home State has activated the new Home State License in829
906	898		accordance with applicable Rules adopted by the Compact Commission.830
907	899		4. Notwithstanding any other provision of this Compact, if the Licensee cannot meet the831
908	900		criteria in Section 4, the new Home State may apply its requirements for issuing a new832
909	901		Single State License.833
910	902		H. B. 185 (SUB)
911	903		- 33 - 25 LC 52 0820S
912	904		5. The Licensee shall pay all applicable fees to the new Home State in order to be issued834
913	905		a new Home State License.835
914	906		C. If a Licensee changes their State of residence by moving from a Member State to a836
915	907		non-Member State, or from a non-Member State to a Member State, the State criteria shall837
916	908		apply for issuance of a Single State License in the new State.838
917	909		D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State839
918	910		License in multiple States; however, for the purposes of this Compact, a Licensee shall840
919	911		have only one Home State License.841
920	912		E. Nothing in this Compact shall affect the requirements established by a Member State842
921	913		for the issuance of a Single State License.843
922	914		SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES844
923	915		An Active Military Member, or their spouse, shall designate a Home State where the845
924	916		individual has a current License in good standing. The individual may retain the Home State846
925	917		designation during the period the service member is on active duty.847
926	918		SECTION 7. ADVERSE ACTIONS848
927	919		A. In addition to the other powers conferred by State law, a Remote State shall have the849
928	920		authority, in accordance with existing State due process law, to:850
929	921		1. Take Adverse Action against a Licensee's Compact Privilege within that Member851
930	922		State; and852
931	923		2. Issue subpoenas for both hearings and investigations that require the attendance and853
932	924		testimony of witnesses as well as the production of evidence. Subpoenas issued by a854
933	925		Licensing Authority in a Member State for the attendance and testimony of witnesses or855
934	926		the production of evidence from another Member State shall be enforced in the latter856
935	927		State by any court of competent jurisdiction, according to the practice and procedure857
936	928		applicable to subpoenas issued in proceedings pending before that court. The issuing858
937	929		H. B. 185 (SUB)
938	930		- 34 - 25 LC 52 0820S
939	931		authority shall pay any witness fees, travel expenses, mileage, and other fees required by859
940	932		the service statutes of the State in which the witnesses or evidence are located.860
941	933		B. Only the Home State shall have the power to take Adverse Action against a Licensee's861
942	934		Home State License.862
943	935		C. For purposes of taking Adverse Action, the Home State shall give the same priority and863
944	936		effect to reported conduct received from a Member State as it would if the conduct had864
945	937		occurred within the Home State. In so doing, the Home State shall apply its own State laws865
946	938		to determine appropriate action.866
947	939		D. The Home State shall complete any pending investigations of a Licensee who changes867
948	940		Home States during the course of the investigations. The Home State shall also have868
949	941		authority to take appropriate action(s) and shall promptly report the conclusions of the869
950	942		investigations to the administrator of the Data System. The administrator of the Data870
951	943		System shall promptly notify the new Home State of any Adverse Actions.871
952	944		E. A Member State, if otherwise permitted by State law, may recover from the affected872
953	945		Licensee the costs of investigations and dispositions of cases resulting from any Adverse873
954	946		Action taken against that Licensee.874
955	947		F. A Member State may take Adverse Action based on the factual findings of another875
956	948		Remote State, provided that the Member State follows its own procedures for taking the876
957	949		Adverse Action.877
958	950		G. Joint Investigations:878
959	951		1. In addition to the authority granted to a Member State by its respective State law, any879
960	952		Member State may participate with other Member States in joint investigations of880
961	953		Licensees.881
962	954		2. Member States shall share any investigative, litigation, or compliance materials in882
963	955		furtherance of any joint investigation initiated under the Compact.883
964	956		H. If Adverse Action is taken by the Home State against a Licensee's Home State License884
965	957		resulting in an Encumbrance on the Home State License, the Licensee's Compact885
966	958		H. B. 185 (SUB)
967	959		- 35 - 25 LC 52 0820S
968	960		Privilege(s) in all other Member States shall be revoked until all Encumbrances have been886
969	961		removed from the Home State License. All Home State disciplinary orders that impose887
970	962		Adverse Action against a Licensee shall include a statement that the Licensee's Compact888
971	963		Privileges are revoked in all Member States during the pendency of the order.889
972	964		I. Once an Encumbered License in the Home State is restored to an Unencumbered890
973	965		License (as certified by the Home State's Licensing Authority), the Licensee must meet the891
974	966		requirements of Section 4(A) and follow the administrative requirements to reapply to892
975	967		obtain a Compact Privilege in any Remote State.893
976	968		J. If a Member State takes Adverse Action, it shall promptly notify the administrator of the894
977	969		Data System. The administrator of the Data System shall promptly notify the other895
978	970		Member States State of any Adverse Actions.896
979	971		K. Nothing in this Compact shall override a Member State's decision that participation in897
980	972		an Alternative Program may be used in lieu of Adverse Action.898
981	973		SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT899
982	974		COMMISSION900
983	975		A. The Compact Member States hereby create and establish a joint government agency901
984	976		whose membership consists of all Member States that have enacted the Compact known902
985	977		as the Dietitian Licensure Compact Commission. The Compact Commission is an903
986	978		instrumentality of the Compact States acting jointly and not an instrumentality of any one904
987	979		State. The Compact Commission shall come into existence on or after the effective date905
988	980		of the Compact as set forth in Section 12.906
989	981		B. Membership, Voting, and Meetings907
990	982		1. Each Member State shall have and be limited to one (1) delegate selected by that908
991	983		Member State's Licensing Authority.909
992	984		2. The delegate shall be the primary administrator of the Licensing Authority or their910
993	985		designee.911
994	986		H. B. 185 (SUB)
995	987		- 36 - 25 LC 52 0820S
996	988		3. The Compact Commission shall by Rule or bylaw establish a term of office for912
997	989		delegates and may by Rule or bylaw establish term limits.913
998	990		4. The Compact Commission may recommend removal or suspension of any delegate914
999	991		from office.915
1000	992		5. A Member State's Licensing Authority shall fill any vacancy of its delegate occurring916
1001	993		on the Compact Commission within 60 days of the vacancy.917
1002	994		6. Each delegate shall be entitled to one vote on all matters before the Compact918
1003	995		Commission requiring a vote by the delegates.919
1004	996		7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws920
1005	997		may provide for delegates to meet and vote in-person or by telecommunication, video921
1006	998		conference, or other means of communication.922
1007	999		8. The Compact Commission shall meet at least once during each calendar year. 923
1008	1000		Additional meetings may be held as set forth in the bylaws. The Compact Commission924
1009	1001		may meet in person or by telecommunication, video conference, or other means of925
1010	1002		communication.926
1011	1003		C. The Compact Commission shall have the following powers:927
1012	1004		1. Establish the fiscal year of the Compact Commission;928
1013	1005		2. Establish code of conduct and conflict of interest policies;929
1014	1006		3. Establish and amend Rules and bylaws;930
1015	1007		4. Maintain its financial records in accordance with the bylaws;931
1016	1008		5. Meet and take such actions as are consistent with the provisions of this Compact, the932
1017	1009		Compact Commission's Rules, and the bylaws;933
1018	1010		6. Initiate and conclude legal proceedings or actions in the name of the Compact934
1019	1011		Commission, provided that the standing of any Licensing Authority to sue or be sued935
1020	1012		under applicable law shall not be affected;936
1021	1013		H. B. 185 (SUB)
1022	1014		- 37 - 25 LC 52 0820S
1023	1015		7. Maintain and certify records and information provided to a Member State as the937
1024	1016		authenticated business records of the Compact Commission, and designate an agent to938
1025	1017		do so on the Compact Commission's behalf;939
1026	1018		8. Purchase and maintain insurance and bonds;940
1027	1019		9. Borrow, accept, or contract for services of personnel, including, but not limited to,941
1028	1020		employees of a Member State;942
1029	1021		10. Conduct an annual financial review;943
1030	1022		11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such944
1031	1023		individuals appropriate authority to carry out the purposes of the Compact, and establish945
1032	1024		the Compact Commission's personnel policies and programs relating to conflicts of946
1033	1025		interest, qualifications of personnel, and other related personnel matters;947
1034	1026		12. Assess and collect fees;948
1035	1027		13. Accept any and all appropriate donations, grants of money, other sources of revenue,949
1036	1028		equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the950
1037	1029		same; provided that at all times the Compact Commission shall avoid any actual or951
1038	1030		appearance of impropriety or conflict of interest;952
1039	1031		14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or953
1040	1032		mixed, or any undivided interest therein;954
1041	1033		15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of955
1042	1034		any property real, personal, or mixed;956
1043	1035		16. Establish a budget and make expenditures;957
1044	1036		17. Borrow money;958
1045	1037		18. Appoint committees, including standing committees, composed of members, State959
1046	1038		regulators, State legislators or their representatives, and consumer representatives, and960
1047	1039		such other interested persons as may be designated in this Compact or the bylaws;961
1048	1040		19. Provide and receive information from, and cooperate with, law enforcement962
1049	1041		agencies;963
1050	1042		H. B. 185 (SUB)
1051	1043		- 38 - 25 LC 52 0820S
1052	1044		20. Establish and elect an Executive Committee, including a chair and a vice chair;964
1053	1045		21. Determine whether a State's adopted language is materially different from the model965
1054	1046		compact language such that the State would not qualify for participation in the Compact;966
1055	1047		and967
1056	1048		22. Perform such other functions as may be necessary or appropriate to achieve the968
1057	1049		purposes of this Compact.969
1058	1050		D. The Executive Committee970
1059	1051		1. The Executive Committee shall have the power to act on behalf of the Compact971
1060	1052		Commission according to the terms of this Compact. The powers, duties, and972
1061	1053		responsibilities of the Executive Committee shall include:973
1062	1054		a. Oversee the day-to-day activities of the administration of the Compact including974
1063	1055		enforcement and compliance with the provisions of the Compact, its Rules and bylaws,975
1064	1056		and other such duties as deemed necessary;976
1065	1057		b. Recommend to the Compact Commission changes to the Rules or bylaws, changes977
1066	1058		to this Compact legislation, fees charged to Compact Member States, fees charged to978
1067	1059		Licensees, and other fees;979
1068	1060		c. Ensure Compact administration services are appropriately provided, including by980
1069	1061		contract;981
1070	1062		d. Prepare and recommend the budget;982
1071	1063		e. Maintain financial records on behalf of the Compact Commission;983
1072	1064		f. Monitor Compact compliance of Member States and provide compliance reports to984
1073	1065		the Compact Commission;985
1074	1066		g. Establish additional committees as necessary;986
1075	1067		h. Exercise the powers and duties of the Compact Commission during the interim987
1076	1068		between Compact Commission meetings, except for adopting or amending Rules,988
1077	1069		adopting or amending bylaws, and exercising any other powers and duties expressly989
1078	1070		reserved to the Compact Commission by Rule or bylaw; and990
1079	1071		H. B. 185 (SUB)
1080	1072		- 39 - 25 LC 52 0820S
1081	1073		i. Other duties as provided in the Rules or bylaws of the Compact Commission.991
1082	1074		2. The Executive Committee shall be composed of nine members:992
1083	1075		a. The chair and vice chair of the Compact Commission shall be voting members of the993
1084	1076		Executive Committee;994
1085	1077		b. Five voting members from the current membership of the Compact Commission,995
1086	1078		elected by the Compact Commission;996
1087	1079		c. One ex-officio, nonvoting member from a recognized professional association997
1088	1080		representing dietitians; and998
1089	1081		d. One ex-officio, nonvoting member from a recognized national credentialing999
1090	1082		organization for dietitians.1000
1091	1083		3. The Compact Commission may remove any member of the Executive Committee as1001
1092	1084		provided in the Compact Commission's bylaws.1002
1093	1085		4. The Executive Committee shall meet at least annually.1003
1094	1086		a. Executive Committee meetings shall be open to the public, except that the Executive1004
1095	1087		Committee may meet in a closed, non-public meeting as provided in subsection (F)(2).1005
1096	1088		b. The Executive Committee shall give 30 days' notice of its meetings, posted on the1006
1097	1089		website of the Compact Commission and as determined to provide notice to persons1007
1098	1090		with an interest in the business of the Compact Commission.1008
1099	1091		c. The Executive Committee may hold a special meeting in accordance with1009
1100	1092		subsection (F)(1)(b).1010
1101	1093		E. The Compact Commission shall adopt and provide to the Member States an annual1011
1102	1094		report.1012
1103	1095		F. Meetings of the Compact Commission1013
1104	1096		1. All meetings shall be open to the public, except that the Compact Commission may1014
1105	1097		meet in a closed, non-public meeting as provided in subsection (F)(2).1015
1106	1098		H. B. 185 (SUB)
1107	1099		- 40 - 25 LC 52 0820S
1108	1100		a. Public notice for all meetings of the full Compact Commission shall be given in the1016
1109	1101		same manner as required under the rulemaking provisions in Section 10, except that the1017
1110	1102		Compact Commission may hold a special meeting as provided in subsection (F)(1)(b).1018
1111	1103		b. The Compact Commission may hold a special meeting when it must meet to conduct1019
1112	1104		emergency business by giving 24 hours' notice to all Member States, on the Compact1020
1113	1105		Commission's website, and other means as provided in the Compact Commission's1021
1114	1106		Rules. The Compact Commission's legal counsel shall certify that the Compact1022
1115	1107		Commission's need to meet qualifies as an emergency.1023
1116	1108		2. The Compact Commission or the Executive Committee or other committees of the1024
1117	1109		Compact Commission may convene in a closed, non-public meeting for the Compact1025
1118	1110		Commission or Executive Committee or other committees of the Compact Commission1026
1119	1111		to receive legal advice or to discuss:1027
1120	1112		a. Non-compliance of a Member State with its obligations under the Compact;1028
1121	1113		b. The employment, compensation, discipline, or other matters, practices, or1029
1122	1114		procedures related to specific employees;1030
1123	1115		c. Current or threatened discipline of a Licensee by the Compact Commission or by a1031
1124	1116		Member State's Licensing Authority;1032
1125	1117		d. Current, threatened, or reasonably anticipated litigation;1033
1126	1118		e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real1034
1127	1119		estate;1035
1128	1120		f. Accusing any person of a crime or formally censuring any person;1036
1129	1121		g. Trade secrets or commercial or financial information that is privileged or1037
1130	1122		confidential;1038
1131	1123		h. Information of a personal nature where disclosure would constitute a clearly1039
1132	1124		unwarranted invasion of personal privacy;1040
1133	1125		i. Investigative records compiled for law enforcement purposes;1041
1134	1126		H. B. 185 (SUB)
1135	1127		- 41 - 25 LC 52 0820S
1136	1128		j. Information related to any investigative reports prepared by or on behalf of or for use1042
1137	1129		of the Compact Commission or other committee charged with responsibility of1043
1138	1130		investigation or determination of compliance issues pursuant to the Compact;1044
1139	1131		k. Matters specifically exempted from disclosure by federal or Member State law; or1045
1140	1132		l. Other matters as specified in the Rules of the Compact Commission.1046
1141	1133		3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the1047
1142	1134		meeting will be closed and reference each relevant exempting provision, and such1048
1143	1135		reference shall be recorded in the minutes.1049
1144	1136		4. The Compact Commission shall keep minutes that fully and clearly describe all1050
1145	1137		matters discussed in a meeting and shall provide a full and accurate summary of actions1051
1146	1138		taken, and the reasons therefore, including a description of the views expressed. All1052
1147	1139		documents considered in connection with an action shall be identified in such minutes. 1053
1148	1140		All minutes and documents of a closed meeting shall remain under seal, subject to release1054
1149	1141		only by a majority vote of the Compact Commission or order of a court of competent1055
1150	1142		jurisdiction.1056
1151	1143		G. Financing of the Compact Commission1057
1152	1144		1. The Compact Commission shall pay, or provide for the payment of, the reasonable1058
1153	1145		expenses of its establishment, organization, and ongoing activities.1059
1154	1146		2. The Compact Commission may accept any and all appropriate revenue sources as1060
1155	1147		provided in subsection (C)(13).1061
1156	1148		3. The Compact Commission may levy on and collect an annual assessment from each1062
1157	1149		Member State and impose fees on Licensees of Member States to whom it grants a1063
1158	1150		Compact Privilege to cover the cost of the operations and activities of the Compact1064
1159	1151		Commission and its staff, which must, in a total amount, be sufficient to cover its annual1065
1160	1152		budget as approved each year for which revenue is not provided by other sources. The1066
1161	1153		aggregate annual assessment amount for Member States shall be allocated based upon a1067
1162	1154		formula that the Compact Commission shall promulgate by Rule.1068
1163	1155		H. B. 185 (SUB)
1164	1156		- 42 - 25 LC 52 0820S
1165	1157		4. The Compact Commission shall not incur obligations of any kind prior to securing the1069
1166	1158		funds adequate to meet the same; nor shall the Compact Commission pledge the credit1070
1167	1159		of any of the Member States, except by and with the authority of the Member State.1071
1168	1160		5. The Compact Commission shall keep accurate accounts of all receipts and1072
1169	1161		disbursements. The receipts and disbursements of the Compact Commission shall be1073
1170	1162		subject to the financial review and accounting procedures established under its bylaws. 1074
1171	1163		However, all receipts and disbursements of funds handled by the Compact Commission1075
1172	1164		shall be subject to an annual financial review by a certified or licensed public accountant,1076
1173	1165		and the report of the financial review shall be included in and become part of the annual1077
1174	1166		report of the Compact Commission.1078
1175	1167		H. Qualified Immunity, Defense, and Indemnification1079
1176	1168		1. The members, officers, executive director, employees and representatives of the1080
1177	1169		Compact Commission shall be immune from suit and liability, both personally and in1081
1178	1170		their official capacity, for any claim for damage to or loss of property or personal injury1082
1179	1171		or other civil liability caused by or arising out of any actual or alleged act, error, or1083
1180	1172		omission that occurred, or that the person against whom the claim is made had a1084
1181	1173		reasonable basis for believing occurred within the scope of Compact Commission1085
1182	1174		employment, duties, or responsibilities; provided that nothing in this paragraph shall be1086
1183	1175		construed to protect any such person from suit or liability for any damage, loss, injury,1087
1184	1176		or liability caused by the intentional or willful or wanton misconduct of that person. The1088
1185	1177		procurement of insurance of any type by the Compact Commission shall not in any way1089
1186	1178		compromise or limit the immunity granted hereunder.1090
1187	1179		2. The Compact Commission shall defend any member, officer, executive director,1091
1188	1180		employee, and representative of the Compact Commission in any civil action seeking to1092
1189	1181		impose liability arising out of any actual or alleged act, error, or omission that occurred1093
1190	1182		within the scope of Compact Commission employment, duties, or responsibilities, or as1094
1191	1183		determined by the Compact Commission that the person against whom the claim is made1095
1192	1184		H. B. 185 (SUB)
1193	1185		- 43 - 25 LC 52 0820S
1194	1186		had a reasonable basis for believing occurred within the scope of Compact Commission1096
1195	1187		employment, duties, or responsibilities; provided that nothing herein shall be construed1097
1196	1188		to prohibit that person from retaining their own counsel at their own expense; and1098
1197	1189		provided further, that the actual or alleged act, error, or omission did not result from that1099
1198	1190		person's intentional or willful or wanton misconduct.1100
1199	1191		3. The Compact Commission shall indemnify and hold harmless any member, officer,1101
1200	1192		executive director, employee, and representative of the Compact Commission for the1102
1201	1193		amount of any settlement or judgment obtained against that person arising out of any1103
1202	1194		actual or alleged act, error, or omission that occurred within the scope of Compact1104
1203	1195		Commission employment, duties, or responsibilities, or that such person had a reasonable1105
1204	1196		basis for believing occurred within the scope of Compact Commission employment,1106
1205	1197		duties, or responsibilities, provided that the actual or alleged act, error, or omission did1107
1206	1198		not result from the intentional or willful or wanton misconduct of that person.1108
1207	1199		4. Nothing herein shall be construed as a limitation on the liability of any Licensee for1109
1208	1200		professional malpractice or misconduct, which shall be governed solely by any other1110
1209	1201		applicable State laws.1111
1210	1202		5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member1112
1211	1203		State's state action immunity or state action affirmative defense with respect to antitrust1113
1212	1204		claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or1114
1213	1205		anticompetitive law or regulation.1115
1214	1206		6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by1116
1215	1207		the Member States or by the Compact Commission.1117
1216	1208		SECTION 9. DATA SYSTEM1118
1217	1209		A. The Compact Commission shall provide for the development, maintenance, operation,1119
1218	1210		and utilization of a coordinated Data System.1120
1219	1211		H. B. 185 (SUB)
1220	1212		- 44 - 25 LC 52 0820S
1221	1213		B. The Compact Commission shall assign each applicant for a Compact Privilege a unique1121
1222	1214		identifier, as determined by the Rules.1122
1223	1215		C. Notwithstanding any other provision of State law to the contrary, a Member State shall1123
1224	1216		submit a uniform data set to the Data System on all individuals to whom this Compact is1124
1225	1217		applicable as required by the Rules of the Compact Commission, including:1125
1226	1218		1. Identifying information;1126
1227	1219		2. Licensure data;1127
1228	1220		3. Adverse Actions against a License or Compact Privilege and information related1128
1229	1221		thereto;1129
1230	1222		4. Non-confidential information related to Alternative Program participation, the1130
1231	1223		beginning and ending dates of such participation, and other information related to such1131
1232	1224		participation not made confidential under Member State law;1132
1233	1225		5. Any denial of application for licensure, and the reason(s) for such denial;1133
1234	1226		6. The presence of Current Significant Investigative Information; and1134
1235	1227		7. Other information that may facilitate the administration of this Compact or the1135
1236	1228		protection of the public, as determined by the Rules of the Compact Commission.1136
1237	1229		D. The records and information provided to a Member State pursuant to this Compact or1137
1238	1230		through the Data System, when certified by the Compact Commission or an agent thereof,1138
1239	1231		shall constitute the authenticated business records of the Compact Commission, and shall1139
1240	1232		be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or1140
1241	1233		administrative proceedings in a Member State.1141
1242	1234		E. Current Significant Investigative Information pertaining to a Licensee in any Member1142
1243	1235		State will only be available to other Member States.1143
1244	1236		F. It is the responsibility of the Member States to report any Adverse Action against a1144
1245	1237		Licensee and to monitor the Data System to determine whether any Adverse Action has1145
1246	1238		been taken against a Licensee. Adverse Action information pertaining to a Licensee in any1146
1247	1239		Member State will be available to any other Member State.1147
1248	1240		H. B. 185 (SUB)
1249	1241		- 45 - 25 LC 52 0820S
1250	1242		G. Member States contributing information to the Data System may designate information1148
1251	1243		that may not be shared with the public without the express permission of the contributing1149
1252	1244		State.1150
1253	1245		H. Any information submitted to the Data System that is subsequently expunged pursuant1151
1254	1246		to federal law or the laws of the Member State contributing the information shall be1152
1255	1247		removed from the Data System.1153
1256	1248		SECTION 10. RULEMAKING1154
1257	1249		A. The Compact Commission shall promulgate reasonable Rules in order to effectively1155
1258	1250		and efficiently implement and administer the purposes and provisions of the Compact. A1156
1259	1251		Rule shall be invalid and have no force or effect only if a court of competent jurisdiction1157
1260	1252		holds that the Rule is invalid because the Compact Commission exercised its rulemaking1158
1261	1253		authority in a manner that is beyond the scope and purposes of the Compact, or the powers1159
1262	1254		granted hereunder, or based upon another applicable standard of review.1160
1263	1255		B. The Rules of the Compact Commission shall have the force of law in each Member1161
1264	1256		State, provided however that where the Rules conflict with the laws or regulations of a1162
1265	1257		Member State that relate to the procedures, actions, and processes a Licensed Dietitian is1163
1266	1258		permitted to undertake in that State and the circumstances under which they may do so, as1164
1267	1259		held by a court of competent jurisdiction, the Rules of the Compact Commission shall be1165
1268	1260		ineffective in that State to the extent of the conflict.1166
1269	1261		C. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria1167
1270	1262		set forth in this Section and the Rules adopted thereunder. Rules shall become binding on1168
1271	1263		the day following adoption or as of the date specified in the Rule or amendment, whichever1169
1272	1264		is later.1170
1273	1265		D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,1171
1274	1266		by enactment of a statute or resolution in the same manner used to adopt the Compact1172
1275	1267		H. B. 185 (SUB)
1276	1268		- 46 - 25 LC 52 0820S
1277	1269		within four (4) years of the date of adoption of the Rule, then such Rule shall have no1173
1278	1270		further force and effect in any Member State.1174
1279	1271		E. Rules shall be adopted at a regular or special meeting of the Compact Commission.1175
1280	1272		F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public1176
1281	1273		hearing and allow persons to provide oral and written comments, data, facts, opinions, and1177
1282	1274		arguments.1178
1283	1275		G. Prior to adoption of a proposed Rule by the Compact Commission, and at least1179
1284	1276		thirty (30) days in advance of the meeting at which the Compact Commission will hold a1180
1285	1277		public hearing on the proposed Rule, the Compact Commission shall provide a Notice of1181
1286	1278		Proposed rulemaking:1182
1287	1279		1. On the website of the Compact Commission or other publicly accessible platform;1183
1288	1280		2. To persons who have requested notice of the Compact Commission's notices of1184
1289	1281		proposed rulemaking; and1185
1290	1282		3. In such other way(s) as the Compact Commission may by Rule specify.1186
1291	1283		H. The Notice of Proposed rulemaking shall include:1187
1292	1284		1. The time, date, and location of the public hearing at which the Compact Commission1188
1293	1285		will hear public comments on the proposed Rule and, if different, the time, date, and1189
1294	1286		location of the meeting where the Compact Commission will consider and vote on the1190
1295	1287		proposed Rule;1191
1296	1288		2. If the hearing is held via telecommunication, video conference, or other means of1192
1297	1289		communication, the Compact Commission shall include the mechanism for access to the1193
1298	1290		hearing in the Notice of Proposed rulemaking;1194
1299	1291		3. The text of the proposed Rule and the reason therefore;1195
1300	1292		4. A request for comments on the proposed Rule from any interested person; and1196
1301	1293		5. The manner in which interested persons may submit written comments.1197
1302	1294		H. B. 185 (SUB)
1303	1295		- 47 - 25 LC 52 0820S
1304	1296		I. All hearings will be recorded. A copy of the recording and all written comments and1198
1305	1297		documents received by the Compact Commission in response to the proposed Rule shall1199
1306	1298		be available to the public.1200
1307	1299		J. Nothing in this Section shall be construed as requiring a separate hearing on each Rule. 1201
1308	1300		Rules may be grouped for the convenience of the Compact Commission at hearings1202
1309	1301		required by this Section.1203
1310	1302		K. The Compact Commission shall, by majority vote of all members, take final action on1204
1311	1303		the proposed Rule based on the rulemaking record and the full text of the Rule.1205
1312	1304		1. The Compact Commission may adopt changes to the proposed Rule provided the1206
1313	1305		changes do not enlarge the original purpose of the proposed Rule.1207
1314	1306		2. The Compact Commission shall provide an explanation of the reasons for substantive1208
1315	1307		changes made to the proposed Rule as well as reasons for substantive changes not made1209
1316	1308		that were recommended by commenters.1210
1317	1309		3. The Compact Commission shall determine a reasonable effective date for the Rule. 1211
1318	1310		Except for an emergency as provided in Section 10(L), the effective date of the Rule shall1212
1319	1311		be no sooner than 30 days after issuing the notice that it adopted or amended the Rule.1213
1320	1312		L. Upon determination that an emergency exists, the Compact Commission may consider1214
1321	1313		and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided1215
1322	1314		that the usual rulemaking procedures provided in the Compact and in this Section shall be1216
1323	1315		retroactively applied to the Rule as soon as reasonably possible, in no event later than1217
1324	1316		ninety (90) days after the effective date of the Rule. For the purposes of this provision, an1218
1325	1317		emergency Rule is one that must be adopted immediately in order to:1219
1326	1318		1. Meet an imminent threat to public health, safety, or welfare;1220
1327	1319		2. Prevent a loss of Compact Commission or Member State funds;1221
1328	1320		3. Meet a deadline for the promulgation of a Rule that is established by federal law or1222
1329	1321		rule; or1223
1330	1322		4. Protect public health and safety.1224
1331	1323		H. B. 185 (SUB)
1332	1324		- 48 - 25 LC 52 0820S
1333	1325		M. The Compact Commission or an authorized committee of the Compact Commission1225
1334	1326		may direct revision to a previously adopted Rule for purposes of correcting typographical1226
1335	1327		errors, errors in format, errors in consistency, or grammatical errors. Public notice of any1227
1336	1328		revision shall be posted on the website of the Compact Commission. The revision shall be1228
1337	1329		subject to challenge by any person for a period of thirty (30) days after posting. The1229
1338	1330		revision may be challenged only on grounds that the revision results in a material change1230
1339	1331		to a Rule. A challenge shall be made in writing and delivered to the Compact Commission1231
1340	1332		prior to the end of the notice period. If no challenge is made, the revision will take effect1232
1341	1333		without further action. If the revision is challenged, the revision may not take effect1233
1342	1334		without the approval of the Compact Commission.1234
1343	1335		N. No Member State's rulemaking requirements shall apply under this Compact.1235
1344	1336		SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT1236
1345	1337		A. Oversight1237
1346	1338		1. The executive and judicial branches of State government in each Member State shall1238
1347	1339		enforce this Compact and take all actions necessary and appropriate to implement this1239
1348	1340		Compact.1240
1349	1341		2. Except as otherwise provided in this Compact, venue is proper and judicial1241
1350	1342		proceedings by or against the Compact Commission shall be brought solely and1242
1351	1343		exclusively in a court of competent jurisdiction where the principal office of the Compact1243
1352	1344		Commission is located. The Compact Commission may waive venue and jurisdictional1244
1353	1345		defenses to the extent it adopts or consents to participate in alternative dispute resolution1245
1354	1346		proceedings. Nothing herein shall affect or limit the selection or propriety of venue in1246
1355	1347		any action against a Licensee for professional malpractice, misconduct, or any such1247
1356	1348		similar matter.1248
1357	1349		3. The Compact Commission shall be entitled to receive service of process in any1249
1358	1350		proceeding regarding the enforcement or interpretation of the Compact and shall have1250
1359	1351		H. B. 185 (SUB)
1360	1352		- 49 - 25 LC 52 0820S
1361	1353		standing to intervene in such a proceeding for all purposes. Failure to provide the1251
1362	1354		Compact Commission service of process shall render a judgment or order void as to the1252
1363	1355		Compact Commission, this Compact, or promulgated Rules.1253
1364	1356		B. Default, Technical Assistance, and Termination1254
1365	1357		1. If the Compact Commission determines that a Member State has defaulted in the1255
1366	1358		performance of its obligations or responsibilities under this Compact or the promulgated1256
1367	1359		Rules, the Compact Commission shall provide written notice to the defaulting State. The1257
1368	1360		notice of default shall describe the default, the proposed means of curing the default, and1258
1369	1361		any other action that the Compact Commission may take and shall offer training and1259
1370	1362		specific technical assistance regarding the default.1260
1371	1363		2. The Compact Commission shall provide a copy of the notice of default to the other1261
1372	1364		Member States.1262
1373	1365		C. If a State in default fails to cure the default, the defaulting State may be terminated from1263
1374	1366		the Compact upon an affirmative vote of a majority of the delegates of the Member States,1264
1375	1367		and all rights, privileges, and benefits conferred on that State by this Compact may be1265
1376	1368		terminated on the effective date of termination. A cure of the default does not relieve the1266
1377	1369		offending State of obligations or liabilities incurred during the period of default.1267
1378	1370		D. Termination of membership in the Compact shall be imposed only after all other means1268
1379	1371		of securing compliance have been exhausted. Notice of intent to suspend or terminate shall1269
1380	1372		be given by the Compact Commission to the governor, the majority and minority leaders1270
1381	1373		of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of1271
1382	1374		the Member States' Licensing Authority.1272
1383	1375		E. A State that has been terminated is responsible for all assessments, obligations, and1273
1384	1376		liabilities incurred through the effective date of termination, including obligations that1274
1385	1377		extend beyond the effective date of termination.1275
1386	1378		F. Upon the termination of a State's membership from this Compact, that State shall1276
1387	1379		immediately provide notice to all Licensees within that State of such termination. The1277
1388	1380		H. B. 185 (SUB)
1389	1381		- 50 - 25 LC 52 0820S
1390	1382		terminated State shall continue to recognize all Compact Privileges granted pursuant to this1278
1391	1383		Compact for a minimum of six months after the date of said notice of termination.1279
1392	1384		G. The Compact Commission shall not bear any costs related to a State that is found to be1280
1393	1385		in default or that has been terminated from the Compact, unless agreed upon in writing1281
1394	1386		between the Compact Commission and the defaulting State.1282
1395	1387		H. The defaulting State may appeal the action of the Compact Commission by petitioning1283
1396	1388		the U.S. District Court for the District of Columbia or the federal district where the1284
1397	1389		Compact Commission has its principal offices. The prevailing party shall be awarded all1285
1398	1390		costs of such litigation, including reasonable attorney's fees.1286
1399	1391		I. Dispute Resolution1287
1400	1392		1. Upon request by a Member State, the Compact Commission shall attempt to resolve1288
1401	1393		disputes related to the Compact that arise among Member States and between Member1289
1402	1394		and non-Member States.1290
1403	1395		2. The Compact Commission shall promulgate a Rule providing for both mediation and1291
1404	1396		binding dispute resolution for disputes as appropriate.1292
1405	1397		J. Enforcement1293
1406	1398		1. By supermajority vote, the Compact Commission may initiate legal action against a1294
1407	1399		Member State in default in the United States District Court for the District of Columbia1295
1408	1400		or the federal district where the Compact Commission has its principal offices to enforce1296
1409	1401		compliance with the provisions of the Compact and its promulgated Rules. The relief1297
1410	1402		sought may include both injunctive relief and damages. In the event judicial enforcement1298
1411	1403		is necessary, the prevailing party shall be awarded all costs of such litigation, including1299
1412	1404		reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the1300
1413	1405		Compact Commission. The Compact Commission may pursue any other remedies1301
1414	1406		available under federal or the defaulting Member State's law.1302
1415	1407		2. A Member State may initiate legal action against the Compact Commission in the U.S.1303
1416	1408		District Court for the District of Columbia or the federal district where the Compact1304
1417	1409		H. B. 185 (SUB)
1418	1410		- 51 - 25 LC 52 0820S
1419	1411		Commission has its principal offices to enforce compliance with the provisions of the1305
1420	1412		Compact and its promulgated Rules. The relief sought may include both injunctive relief1306
1421	1413		and damages. In the event judicial enforcement is necessary, the prevailing party shall1307
1422	1414		be awarded all costs of such litigation, including reasonable attorney's fees.1308
1423	1415		3. No party other than a Member State shall enforce this Compact against the Compact1309
1424	1416		Commission.1310
1425	1417		SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT1311
1426	1418		A. The Compact shall come into effect on the date on which the Compact statute is1312
1427	1419		enacted into law in the seventh Member State.1313
1428	1420		1. On or after the effective date of the Compact, the Compact Commission shall convene1314
1429	1421		and review the enactment of each of the first seven Member States ("Charter Member1315
1430	1422		States") to determine if the statute enacted by each such Charter Member State is1316
1431	1423		materially different than the model Compact statute.1317
1432	1424		a. A Charter Member State whose enactment is found to be materially different from1318
1433	1425		the model Compact statute shall be entitled to the default process set forth in1319
1434	1426		Section 11.1320
1435	1427		b. If any Member State is later found to be in default, or is terminated, or withdraws1321
1436	1428		from the Compact, the Compact Commission shall remain in existence and the1322
1437	1429		Compact shall remain in effect even if the number of Member States should be less than1323
1438	1430		seven.1324
1439	1431		2. Member States enacting the Compact subsequent to the seven initial Charter Member1325
1440	1432		States shall be subject to the process set forth in Section 8(C)(21) to determine if their1326
1441	1433		enactments are materially different from the model Compact statute and whether they1327
1442	1434		qualify for participation in the Compact.1328
1443	1435		3. All actions taken for the benefit of the Compact Commission or in furtherance of the1329
1444	1436		purposes of the administration of the Compact prior to the effective date of the Compact1330
1445	1437		H. B. 185 (SUB)
1446	1438		- 52 - 25 LC 52 0820S
1447	1439		or the Compact Commission coming into existence shall be considered to be actions of1331
1448	1440		the Compact Commission unless specifically repudiated by the Compact Commission.1332
1449	1441		4. Any State that joins the Compact subsequent to the Compact Commission's initial1333
1450	1442		adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist1334
1451	1443		on the date on which the Compact becomes law in that State. Any Rule that has been1335
1452	1444		previously adopted by the Compact Commission shall have the full force and effect of1336
1453	1445		law on the day the Compact becomes law in that State.1337
1454	1446		B. Any Member State may withdraw from this Compact by enacting a statute repealing1338
1455	1447		the same.1339
1456	1448		1. A Member State's withdrawal shall not take effect until 180 days after enactment of1340
1457	1449		the repealing statute.1341
1458	1450		2. Withdrawal shall not affect the continuing requirement of the withdrawing State's1342
1459	1451		Licensing Authority to comply with the investigative and Adverse Action reporting1343
1460	1452		requirements of this Compact prior to the effective date of withdrawal.1344
1461	1453		3. Upon the enactment of a statute withdrawing from this Compact, a State shall1345
1462	1454		immediately provide notice of such withdrawal to all Licensees within that State. 1346
1463	1455		Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing1347
1464	1456		State shall continue to recognize all Compact Privileges granted pursuant to this Compact1348
1465	1457		for a minimum of 180 days after the date of such notice of withdrawal.1349
1466	1458		C. Nothing contained in this Compact shall be construed to invalidate or prevent any1350
1467	1459		licensure agreement or other cooperative arrangement between a Member State and a1351
1468	1460		non-Member State that does not conflict with the provisions of this Compact.1352
1469	1461		D. This Compact may be amended by the Member States. No amendment to this Compact1353
1470	1462		shall become effective and binding upon any Member State until it is enacted into the laws1354
1471	1463		of all Member States.1355
1472	1464		H. B. 185 (SUB)
1473	1465		- 53 - 25 LC 52 0820S
1474	1466		SECTION 13. CONSTRUCTION AND SEVERABILITY1356
1475	1467		A. This Compact and the Compact Commission's rulemaking authority shall be liberally1357
1476	1468		construed so as to effectuate the purposes and the implementation and administration of the1358
1477	1469		Compact. Provisions of the Compact expressly authorizing or requiring the promulgation1359
1478	1470		of Rules shall not be construed to limit the Compact Commission's rulemaking authority1360
1479	1471		solely for those purposes.1361
1480	1472		B. The provisions of this Compact shall be severable and if any phrase, clause, sentence,1362
1481	1473		or provision of this Compact is held by a court of competent jurisdiction to be contrary to1363
1482	1474		the constitution of any Member State, a State seeking participation in the Compact, or of1364
1483	1475		the United States, or the applicability thereof to any government, agency, person, or1365
1484	1476		circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity1366
1485	1477		of the remainder of this Compact and the applicability thereof to any other government,1367
1486	1478		agency, person, or circumstance shall not be affected thereby.1368
1487	1479		C. Notwithstanding Section 13(B), the Compact Commission may deny a State's1369
1488	1480		participation in the Compact or, in accordance with the requirements of Section 11(B),1370
1489	1481		terminate a Member State's participation in the Compact, if it determines that a1371
1490	1482		constitutional requirement of a Member State is a material departure from the Compact. 1372
1491	1483		Otherwise, if this Compact shall be held to be contrary to the constitution of any Member1373
1492	1484		State, the Compact shall remain in full force and effect as to the remaining Member States1374
1493	1485		and in full force and effect as to the Member State affected as to all severable matters.1375
1494	1486		SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LA WS1376
1495	1487		A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member1377
1496	1488		State that is not inconsistent with the Compact.1378
1497	1489		B. Any laws, statutes, regulations, or other legal requirements in a Member State in1379
1498	1490		conflict with the Compact are superseded to the extent of the conflict.1380
1499	1491		H. B. 185 (SUB)
1500	1492		- 54 - 25 LC 52 0820S
1501	1493		C. All permissible agreements between the Compact Commission and the Member States1381
1502	1494		are binding in accordance with their terms.'"1382
1503	1495		PART II1383
1504	1496		Conforming cross-references1384
1505	1497		SECTION 2-1.1385
1506	1498		Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in1386
1507	1499		Code Section 9-11-9.1, relating to affidavit to accompany charge of professional malpractice,1387
1508	1500		by revising paragraph (8) of subsection (g) as follows:1388
1509	1501		"(8) Dietitians Licensed dietitians or licensed nutritionists;"1389
1510	1502		SECTION 2-2.1390
1511	1503		Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code1391
1512	1504		Section 31-7-351, relating to definitions relative to Georgia Long-term Care Background1392
1513	1505		Check Program, by revising paragraph (7) as follows:1393
1514	1506		"(7) 'Employee' means any individual who has direct access and who is hired by a facility1394
1515	1507		through employment, or through a contract with such facility, including, but not limited1395
1516	1508		to, housekeepers, maintenance personnel, dieticians, and any volunteer who has duties1396
1517	1509		that are equivalent to the duties of an employee providing such services. Such term shall1397
1518	1510		not include an individual who contracts with the facility, whether personally or through1398
1519	1511		a company, to provide utility, construction, communications, accounting, quality1399
1520	1512		assurance, human resource management, information technology, legal, or other services1400
1521	1513		if the contracted services are not directly related to providing services to a patient,1401
1522	1514		resident, or client of the facility. Such term shall not include any healthcare provider,1402
1523	1515		including, but not limited to, physicians, dentists, nurses, and pharmacists, and dietitians1403
1524	1516		who are licensed by the Georgia Composite Medical Board, the Georgia Board of1404
1525	1517		H. B. 185 (SUB)
1526	1518		- 55 - 25 LC 52 0820S
1527	1519		Dentistry, the Georgia Board of Nursing, or the State Board of Pharmacy, or the Georgia1405
1528	1520		Board of Examiners of Licensed Dietitians and Licensed Nutritionists."1406
1529	1521		SECTION 2-3.1407
1530	1522		Said title is further amended in Code Section 31-8-192, relating to definitions relative to1408
1531	1523		"health share" volunteers in medicine, by revising subparagraph (N) of paragraph (5) as1409
1532	1524		follows:1410
1533	1525		"(N) A dietitian or nutritionist licensed under Chapter 11A of Title 43;"1411
1534	1526		SECTION 2-4.1412
1535	1527		Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code1413
1536	1528		Section 33-20A-3, relating to definitions relative to patient protection, by revising1414
1537	1529		paragraph (5) as follows:1415
1538	1530		"(5) 'Healthcare provider' or 'provider' means any physician, dentist, podiatrist,1416
1539	1531		pharmacist, optometrist, psychologist, clinical social worker, advanced practice registered1417
1540	1532		nurse, registered optician, licensed professional counselor, physical therapist, marriage1418
1541	1533		and family therapist, chiropractor, athletic trainer qualified pursuant to Code1419
1542	1534		Section 43-5-8, occupational therapist, speech language pathologist, audiologist, licensed1420
1543	1535		dietitian, licensed nutritionist, or physician assistant."1421
1544	1536		SECTION 2-5.1422
1545	1537		Said title is further amended in Code Section 33-20E-2, relating to application to insurers and1423
1546	1538		definitions relative to surprise billing consumer protection, by revising paragraph (9) of1424
1547	1539		subsection (b) as follows:1425
1548	1540		"(9) 'Healthcare provider' or 'provider' means any physician, other individual, or facility1426
1549	1541		other than a hospital licensed or otherwise authorized in this state to furnish healthcare1427
1550	1542		H. B. 185 (SUB)
1551	1543		- 56 - 25 LC 52 0820S
1552		-	services, including, but not limited to, any dentist, podiatrist, optometrist, psychologist,
1553		-	1428
	1544	+	services, including, but not limited to, any dentist, podiatrist, optometrist, psychologist,1428
1554	1545		clinical social worker, advanced practice registered nurse, registered optician, licensed1429
1555	1546		professional counselor, physical therapist, marriage and family therapist, chiropractor,1430
1556	1547		athletic trainer qualified pursuant to Code Section 43-5-8, occupational therapist,1431
1557		-	speech-language pathologist, audiologist, licensed
1558		-	dietitian, licensed nutritionist, or1432
	1548	+	speech-language pathologist, audiologist, licensed dietitian, licensed nutritionist, or1432
1559	1549		physician assistant."1433
1560	1550		SECTION 2-6.1434
1561	1551		Said title is further amended in Code Section 33-24-59.27, relating to right to shop for1435
1562	1552		insurance coverage, disclosure of pricing information, and notice, by revising paragraph (4)1436
1563	1553		of subsection (b) as follows:1437
1564	1554		"(4) 'Healthcare provider' or 'provider' means any physician, dentist, podiatrist,1438
1565	1555		pharmacist, optometrist, psychologist, clinical social worker, advanced practice registered1439
1566	1556		nurse, registered optician, licensed professional counselor, physical therapist, marriage1440
1567	1557		and family therapist, chiropractor, athletic trainer qualified pursuant to Code1441
1568	1558		Section 43-5-8, occupational therapist, speech language pathologist, audiologist, licensed1442
1569	1559		dietitian, licensed nutritionist, or physician assistant."1443
1570	1560		SECTION 2-7.1444
1571	1561		Said title is further amended in Code Section 33-39-3, relating to definitions relative to1445
1572	1562		collection, use, and disclosure of information gathered by insurance institutions, by revising1446
1573	1563		paragraph (16) as follows:1447
1574	1564		"(16) 'Medical professional' means any person licensed or certified to provide healthcare1448
1575	1565		services to natural persons, including, but not limited to, a chiropractor, clinical licensed1449
1576	1566		dietitian, licensed nutritionist, clinical psychologist, dentist, nurse, occupational therapist,1450
1577	1567		optometrist, pharmacist, physical therapist, physician, podiatrist, psychiatric social1451
1578	1568		worker, or speech therapist."1452
1579	1569		H. B. 185 (SUB)
1580	1570		- 57 - 25 LC 52 0820S
1581		-	SECTION 2-8.
1582		-	1453
	1571	+	SECTION 2-8.1453
1583	1572		Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,1454
1584	1573		is amended in Code Section 43-1-28, relating to volunteers in healthcare specialties, by1455
1585	1574		revising paragraphs (2) and (3) of subsection (b) as follows:1456
1586	1575		"(2) 'Healthcare practitioner' means a chiropractor, registered professional nurse,1457
1587	1576		podiatrist, optometrist, professional counselor, social worker, marriage and family1458
1588	1577		therapist, occupational therapist, physical therapist, physician assistant, licensed practical1459
1589	1578		nurse, certified nurse midwife, pharmacist, speech-language pathologist, audiologist,1460
1590		-	psychologist, or
1591		-	licensed dietitian, or licensed nutritionist.1461
	1579	+	psychologist, or licensed dietitian, or licensed nutritionist.1461
1592	1580		(3) 'Healthcare specialty' means the practice of chiropractic, nursing, podiatry,1462
1593	1581		optometry, professional counseling, social work, marriage and family therapy,1463
1594	1582		occupational therapy, physical therapy, physician assistance, midwifery, pharmacy,1464
1595	1583		speech-language pathology, audiology, psychology, or dietetics, or nutrition."1465
1596	1584		SECTION 2-9.1466
1597	1585		Said title is further amended in Code Section 43-1-33, relating to advertisement, signage, and1467
1598	1586		identifier requirements for healthcare practitioners, by revising subparagraph (c)(5)(D) as1468
1599	1587		follows:1469
1600	1588		"(D) Dietitian or nutritionist licensed or registered pursuant to Chapter 11A of this1470
1601	1589		title;"1471
1602	1590		SECTION 2-10.1472
1603	1591		Said title is further amended in Code Section 43-34-316, relating to exceptions relative to1473
1604	1592		genetic counselor licensure, by revising paragraph (5) as follows:1474
1605	1593		"(5) Any person using genetic data for purposes of nutritional counseling who is licensed1475
1606	1594		as a dietitian or nutritionist under Chapter 11A of this title or exempt from such licensure1476
1607	1595		pursuant to paragraph (10) of Code Section 43-11A-18."1477
1608	1596		H. B. 185 (SUB)
1609	1597		- 58 - 25 LC 52 0820S
1610		-	SECTION 2-11.
1611		-	1478
	1598	+	SECTION 2-11.1478
1612	1599		Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Code1479
1613	1600		Section 51-2-5.1, relating to relationship between hospital and healthcare provider1480
1614	1601		prerequisite to liability, notice regarding independent contractor status, and factors for1481
1615	1602		consideration in determining status, by revising paragraph (1) of subsection (a) as follows:1482
1616	1603		"(1) 'Healthcare professional' means a professional licensed as an audiologist,1483
1617		-	chiropractor, clinical social worker, dentist, licensed
1618		-	dietitian, licensed nutritionist,1484
	1604	+	chiropractor, clinical social worker, dentist, licensed dietitian, licensed nutritionist,1484
1619	1605		medical doctor, marriage and family therapist, registered professional or licensed1485
1620	1606		practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist,1486
1621	1607		physical therapist, physician assistant, professional counselor, podiatrist, psychologist,1487
1622	1608		radiological technician, respiratory therapist, or speech-language pathologist."1488
1623	1609		SECTION 2-12.1489
1624	1610		Said title is further amended in Code Section 51-16-1, relating to definitions relative to1490
1625	1611		pandemic business safety, by revising paragraph (6) as follows:1491
1626	1612		"(6) 'Healthcare provider' means any physician or other person licensed or otherwise1492
1627	1613		authorized in this state to furnish healthcare services, including, but not limited to, any1493
1628	1614		dentist, podiatrist, optometrist, pharmacist, psychologist, clinical social worker, advanced1494
1629	1615		practice registered nurse, registered optician, licensed professional counselor, physical1495
1630	1616		therapist, massage therapist, marriage and family therapist, chiropractor, athletic trainer1496
1631	1617		qualified pursuant to Code Section 43-5-7, occupational therapist, speech-language1497
1632	1618		pathologist, audiologist, licensed dietitian, licensed nutritionist, physician assistant,1498
1633	1619		cardiac technician, emergency medical technician, paramedic, or related parties."1499
1634	1620		H. B. 185 (SUB)
1635	1621		- 59 - 25 LC 52 0820S
1636		-	PART III
1637		-	1500
	1622	+	PART III1500
1638	1623		Effective date and repealer1501
1639	1624		SECTION 3-1.1502
1640	1625		This Act shall become effective upon its approval by the Governor or upon its becoming law1503
1641	1626		without such approval.1504
1642	1627		SECTION 3-2.1505
1643	1628		All laws and parts of laws in conflict with this Act are repealed.1506
1644	1629		H. B. 185 (SUB)
1645	1630		- 60 -