House Study Bill 119 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act enacting the dietitian licensure compact. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1080YC (1) 91 ss/ko
H.F. _____ Section 1. NEW SECTION . 147J.1 Dietitian licensure compact. 1 1. Purpose. The purpose of this compact is to facilitate 2 interstate practice of dietetics with the goal of improving 3 public access to dietetics services. This compact preserves 4 the regulatory authority of states to protect public health and 5 safety through the current system of state licensure, while 6 also providing for licensure portability through a compact 7 privilege granted to qualifying professionals. This compact is 8 designed to achieve all of the following objectives: 9 a. Increase public access to dietetics services. 10 b. Provide opportunities for interstate practice by licensed 11 dietitians who meet uniform requirements. 12 c. Eliminate the necessity for licenses in multiple states. 13 d. Reduce administrative burden on member states and 14 licensees. 15 e. Enhance the states ability to protect the publics 16 health and safety. 17 f. Encourage the cooperation of member states in regulating 18 multistate practice of licensed dietitians. 19 g. Support relocating active military members and their 20 spouses. 21 h. Enhance the exchange of licensure, investigative, and 22 disciplinary information among member states. 23 i. Vest all member states with the authority to hold a 24 licensed dietitian accountable for meeting all state practice 25 laws in the state in which the patient is located at the time 26 care is rendered. 27 2. Definitions. As used in this compact, and except as 28 otherwise provided, the following definitions shall apply: 29 a. ACEND means the accreditation council for education in 30 nutrition and dietetics or its successor organization. 31 b. Active military member means any individual with 32 full-time duty status in the active armed forces of the United 33 States, including members of the national guard and reserve. 34 c. Adverse action means any administrative, civil, 35 -1- LSB 1080YC (1) 91 ss/ko 1/ 31
H.F. _____ equitable, or criminal action permitted by a states laws which 1 is imposed by a licensing authority or other authority against 2 a licensee, including actions against an individuals license 3 or compact privilege such as revocation, suspension, probation, 4 monitoring of the licensee, limitation on the licensees 5 practice, or any other encumbrance on licensure affecting a 6 licensees authorization to practice, including issuance of a 7 cease and desist action. 8 d. Alternative program means a nondisciplinary monitoring 9 or practice remediation process approved by a licensing 10 authority. 11 e. CDR means the commission on dietetic registration or 12 its successor organization. 13 f. Charter member state means any member state which 14 enacted this compact by law before the effective date specified 15 in subsection 12. 16 g. Compact commission means the government agency whose 17 membership consists of all states that have enacted this 18 compact, which is known as the dietitian licensure compact 19 commission, as described in subsection 8, and which shall 20 operate as an instrumentality of the member states. 21 h. Compact privilege means a legal authorization, which is 22 equivalent to a license, permitting the practice of dietetics 23 in a remote state. 24 i. Continuing education means a requirement, as 25 a condition of license renewal, to provide evidence of 26 participation in, and completion of, educational and 27 professional activities relevant to practice or area of work. 28 j. Current significant investigative information means all 29 of the following: 30 (1) Investigative information that a licensing authority, 31 after a preliminary inquiry that includes notification and an 32 opportunity for the subject licensee to respond, if required 33 by state law, has reason to believe is not groundless and, if 34 proved true, would indicate more than a minor infraction. 35 -2- LSB 1080YC (1) 91 ss/ko 2/ 31
H.F. _____ (2) Investigative information that indicates that the 1 subject licensee represents an immediate threat to public 2 health and safety regardless of whether the subject licensee 3 has been notified and had an opportunity to respond. 4 k. Data system means a repository of information about 5 licensees, including but not limited to continuing education, 6 examination, licensure, investigative, compact privilege, and 7 adverse action information. 8 l. Encumbered license means a license in which an adverse 9 action restricts a licensees ability to practice dietetics. 10 m. Encumbrance means a revocation or suspension of, or any 11 limitation on a licensees full and unrestricted practice of 12 dietetics by a licensing authority. 13 n. Executive committee means a group of delegates elected 14 or appointed to act on behalf of, and within the powers granted 15 to them by, this compact, and the compact commission. 16 o. Home state means the member state that is the 17 licensees primary state of residence or that has been 18 designated pursuant to subsection 6. 19 p. Investigative information means information, records, 20 and documents received or generated by a licensing authority 21 pursuant to an investigation. 22 q. Jurisprudence requirement means an assessment of an 23 individuals knowledge of the state laws and regulations 24 governing the practice of dietetics in such state. 25 r. License means an authorization from a member state to 26 do either of the following: 27 (1) Engage in the practice of dietetics, including medical 28 nutrition therapy. 29 (2) Use the title dietitian, licensed dietitian, licensed 30 dietitian nutritionist, certified dietitian, or other title 31 describing a substantially similar practitioner as the compact 32 commission may further define by rule. 33 s. Licensee or licensed dietitian means an individual 34 who currently holds a license and who meets all of the 35 -3- LSB 1080YC (1) 91 ss/ko 3/ 31
H.F. _____ requirements outlined in subsection 4. 1 t. Licensing authority means the board or agency of a 2 state, or equivalent, that is responsible for the licensing and 3 regulation of the practice of dietetics. 4 u. Member state means a state that has enacted the 5 compact. 6 v. Practice of dietetics means the synthesis and 7 application of dietetics, primarily for the provision of 8 nutrition care services, including medical nutrition therapy, 9 in person or via telehealth, to prevent, manage, or treat 10 diseases or medical conditions and promote wellness. 11 w. Registered dietitian means a person who meets all of 12 the following requirements: 13 (1) Has completed applicable education, experience, 14 examination, and recertification requirements approved by CDR. 15 (2) Is credentialed by CDR as a registered dietitian or a 16 registered dietitian nutritionist. 17 (3) Is legally authorized to use the title registered 18 dietitian or registered dietitian nutritionist and the 19 corresponding abbreviations RD or RDN. 20 x. Remote state means a member state other than the home 21 state, where a licensee is exercising or seeking to exercise a 22 compact privilege. 23 y. Rule means a regulation promulgated by the compact 24 commission that has the force of law. 25 z. Single state license means a license issued by a member 26 state within the issuing state and does not include a compact 27 privilege in any other member state. 28 aa. State means any state, commonwealth, district, or 29 territory of the United States of America. 30 ab. Unencumbered license means a license that authorizes 31 a licensee to engage in the full and unrestricted practice of 32 dietetics. 33 3. State participation in the compact. 34 a. To participate in the compact, a state must currently do 35 -4- LSB 1080YC (1) 91 ss/ko 4/ 31
H.F. _____ all of the following: 1 (1) License and regulate the practice of dietetics. 2 (2) Have a mechanism in place for receiving and 3 investigating complaints about licensees. 4 b. A member state shall do all of the following: 5 (1) Participate fully in the compact commissions data 6 system, including using the unique identifier as defined in 7 rules. 8 (2) Notify the compact commission, in compliance with the 9 terms of the compact and rules, of any adverse action or the 10 availability of current significant investigative information 11 regarding a licensee. 12 (3) Implement or utilize procedures for considering the 13 criminal history record information of applicants for an 14 initial compact privilege. These procedures shall include the 15 submission of fingerprints or other biometric-based information 16 by applicants for the purpose of obtaining an applicants 17 criminal history record information from the federal bureau of 18 investigation and the agency responsible for retaining that 19 states criminal records. 20 (a) A member state must fully implement a criminal history 21 record information requirement, within a time frame established 22 by rule, which includes receiving the results of the federal 23 bureau of investigation record search and shall use those 24 results in determining compact privilege eligibility. 25 (b) Communication between a member state and the compact 26 commission or among member states regarding the verification 27 of eligibility for a compact privilege shall not include any 28 information received from the federal bureau of investigation 29 relating to a federal criminal history record information check 30 performed by a member state. 31 (4) Comply with and enforce the rules of the compact 32 commission. 33 (5) Require an applicant for a compact privilege to obtain 34 or retain a license in the licensees home state and meet 35 -5- LSB 1080YC (1) 91 ss/ko 5/ 31
H.F. _____ the home states qualifications for licensure or renewal of 1 licensure, as well as all other applicable state laws. 2 (6) Recognize a compact privilege granted to a licensee 3 who meets all of the requirements outlined in subsection 4 in 4 accordance with the terms of the compact and rules. 5 c. Member states may set and collect a fee for granting a 6 compact privilege. 7 d. Individuals not residing in a member state shall continue 8 to be able to apply for a member states single state license 9 as provided under the laws of each member state. However, the 10 single state license granted to these individuals shall not be 11 recognized as granting a compact privilege to engage in the 12 practice of dietetics in any other member state. 13 e. Nothing in this compact shall affect the requirements 14 established by a member state for the issuance of a single 15 state license. 16 f. At no point shall the compact commission have the power 17 to define the requirements for the issuance of a single state 18 license to practice dietetics. The member states shall retain 19 sole jurisdiction over the provision of these requirements. 20 4. Compact privilege. 21 a. To exercise the compact privilege under the terms and 22 provisions of the compact, the licensee shall do all of the 23 following: 24 (1) Satisfy one of the following: 25 (a) Hold a valid current registration that gives the 26 applicant the right to use the term registered dietitian. 27 (b) Complete all of the following: 28 (i) An education program that is either of the following: 29 (A) A masters degree or doctoral degree that is 30 programmatically accredited by ACEND or a dietetics accrediting 31 agency recognized by the United States department of education, 32 which the compact commission may by rule determine, and from a 33 college or university accredited at the time of graduation by 34 the appropriate regional accrediting agency recognized by the 35 -6- LSB 1080YC (1) 91 ss/ko 6/ 31
H.F. _____ council on higher education accreditation and the United States 1 department of education. 2 (B) An academic degree from a college or university in 3 a foreign country equivalent to the degree described in 4 subparagraph part (A) that is programmatically accredited by 5 ACEND or a dietetics accrediting agency recognized by the 6 United States department of education, which the compact 7 commission may by rule determine. 8 (ii) A planned, documented, supervised practice experience 9 in dietetics that is programmatically accredited by ACEND or a 10 dietetics accrediting agency recognized by the United States 11 department of education which the compact commission may by 12 rule determine and which involves at least one thousand hours 13 of practice experience under the supervision of a registered 14 dietitian or a licensed dietitian. 15 (iii) Successful completion of either the registration 16 examination for dietitians administered by CDR or a national 17 credentialing examination for dietitians approved by the 18 compact commission by rule; such completion being no more than 19 five years prior to the date of the licensees application for 20 initial licensure and accompanied by a period of continuous 21 licensure thereafter, all of which may be further governed by 22 the rules of the compact commission. 23 (2) Hold an unencumbered license in the home state. 24 (3) Notify the compact commission that the licensee is 25 seeking a compact privilege within a remote state. 26 (4) Pay any applicable fees, including any state fee, for 27 the compact privilege. 28 (5) Meet any jurisprudence requirements established by 29 the remote state in which the licensee is seeking a compact 30 privilege. 31 (6) Report to the compact commission any adverse action, 32 encumbrance, or restriction on a license taken by any nonmember 33 state within thirty days from the date the action is taken. 34 b. The compact privilege is valid until the expiration date 35 -7- LSB 1080YC (1) 91 ss/ko 7/ 31
H.F. _____ of the home state license. To maintain a compact privilege, 1 renewal of the compact privilege shall be congruent with the 2 renewal of the home state license as the compact commission may 3 define by rule. The licensee must comply with the requirements 4 of paragraph a to maintain the compact privilege in the remote 5 state. 6 c. A licensee exercising a compact privilege shall adhere to 7 the laws and regulations of the remote state. A licensee shall 8 be responsible for obtaining education on, and complying with, 9 any and all state laws relating to the practice of dietetics in 10 such remote state. 11 d. Notwithstanding anything to the contrary provided in this 12 compact or state law, a licensee exercising a compact privilege 13 shall not be required to complete continuing education 14 requirements required by a remote state. A licensee exercising 15 a compact privilege is only required to meet any continuing 16 education requirements as required by the home state. 17 5. Obtaining a new home state license based on a compact 18 privilege. 19 a. A licensee may hold a home state license, which allows 20 for a compact privilege in other member states, in only one 21 member state at a time. 22 b. If a licensee changes home state by moving between two 23 member states, the following shall occur: 24 (1) The licensee shall file an application for obtaining a 25 new home state license based on a compact privilege, pay all 26 applicable fees, and notify the current and new home state in 27 accordance with the rules of the compact commission. 28 (2) Upon receipt of an application for obtaining a new home 29 state license by virtue of a compact privilege, the new home 30 state shall verify that the licensee meets the criteria in 31 subsection 4 via the data system, and require that the licensee 32 complete all of the following: 33 (a) Federal bureau of investigation fingerprint-based 34 criminal history record information check. 35 -8- LSB 1080YC (1) 91 ss/ko 8/ 31
H.F. _____ (b) Any other criminal history record information required 1 by the new home state. 2 (c) Any jurisprudence requirements of the new home state. 3 (3) The former home state shall convert the former home 4 state license into a compact privilege once the new home state 5 has activated the new home state license in accordance with 6 applicable rules adopted by the compact commission. 7 (4) Notwithstanding any other provision of this compact, if 8 the licensee cannot meet the criteria in subsection 4, the new 9 home state may apply its requirements for issuing a new single 10 state license. 11 (5) The licensee shall pay all applicable fees to the new 12 home state in order to be issued a new home state license. 13 c. If a licensee changes their state of residence by moving 14 from a member state to a nonmember state, or from a nonmember 15 state to a member state, the state criteria shall apply for 16 issuance of a single state license in the new state. 17 d. Nothing in this compact shall interfere with a licensees 18 ability to hold a single state license in multiple states; 19 however, for the purposes of this compact, a licensee shall 20 have only one home state license. 21 e. Nothing in this compact shall affect the requirements 22 established by a member state for the issuance of a single 23 state license. 24 6. Active military members or their spouses. An active 25 military member, or the active military members spouse, shall 26 designate a home state where the individual has a current 27 license in good standing. The individual may retain the home 28 state designation during the period the service member is on 29 active duty. 30 7. Adverse actions. 31 a. In addition to the other powers conferred by state law, 32 a remote state shall have the authority, in accordance with 33 existing state due process law, to do all of the following: 34 (1) Take adverse action against a licensees compact 35 -9- LSB 1080YC (1) 91 ss/ko 9/ 31
H.F. _____ privilege within that member state. 1 (2) Issue subpoenas for both hearings and investigations 2 that require the attendance and testimony of witnesses as well 3 as the production of evidence. Subpoenas issued by a licensing 4 authority in a member state for the attendance and testimony 5 of witnesses or the production of evidence from another member 6 state shall be enforced in the latter state by any court of 7 competent jurisdiction, according to the practice and procedure 8 applicable to subpoenas issued in proceedings pending before 9 that court. The issuing authority shall pay any witness 10 fees, travel expenses, mileage, and other fees required by 11 the service statutes of the state in which the witnesses or 12 evidence are located. 13 b. Only the home state shall have the power to take adverse 14 action against a licensees home state license. 15 c. For purposes of taking adverse action, the home state 16 shall give the same priority and effect to reported conduct 17 received from a member state as it would if the conduct had 18 occurred within the home state. In so doing, the home state 19 shall apply its own state laws to determine appropriate action. 20 d. The home state shall complete any pending investigations 21 of a licensee who changes home states during the course of 22 the investigations. The home state shall also have authority 23 to take appropriate action and shall promptly report the 24 conclusions of the investigations to the administrator of 25 the data system. The administrator of the data system shall 26 promptly notify the new home state of any adverse actions. 27 e. A member state, if otherwise permitted by state law, may 28 recover from the affected licensee the costs of investigations 29 and dispositions of cases resulting from any adverse action 30 taken against that licensee. 31 f. A member state may take adverse action based on the 32 factual findings of another remote state, provided that the 33 member state follows its own procedures for taking the adverse 34 action. 35 -10- LSB 1080YC (1) 91 ss/ko 10/ 31
H.F. _____ g. Joint investigations. 1 (1) In addition to the authority granted to a member state 2 by its respective state law, any member state may participate 3 with other member states in joint investigations of licensees. 4 (2) Member states shall share any investigative, 5 litigation, or compliance materials in furtherance of any joint 6 investigation initiated under the compact. 7 h. If adverse action is taken by the home state against a 8 licensees home state license resulting in an encumbrance on 9 the home state license, the licensees compact privilege in all 10 other member states shall be revoked until all encumbrances 11 have been removed from the home state license. All home state 12 disciplinary orders that impose adverse action against a 13 licensee shall include a statement that the licensees compact 14 privileges are revoked in all member states during the pendency 15 of the order. 16 i. Once an encumbered license in the home state is restored 17 to an unencumbered license, as certified by the home states 18 licensing authority, the licensee must meet the requirements 19 of subsection 4, paragraph a , and follow the administrative 20 requirements to reapply to obtain a compact privilege in any 21 remote state. 22 j. If a member state takes adverse action, it shall promptly 23 notify the administrator of the data system. The administrator 24 of the data system shall promptly notify the other member 25 states of any adverse actions. 26 k. Nothing in this compact shall override a member states 27 decision that participation in an alternative program may be 28 used in lieu of adverse action. 29 8. Establishment of the dietitian licensure compact 30 commission. 31 a. The compact member states hereby create and establish a 32 joint government agency whose membership consists of all member 33 states that have enacted the compact known as the dietitian 34 licensure compact commission. The compact commission is an 35 -11- LSB 1080YC (1) 91 ss/ko 11/ 31
H.F. _____ instrumentality of the compact states acting jointly and not 1 an instrumentality of any one state. The compact commission 2 shall come into existence on or after the effective date of the 3 compact as set forth in subsection 12. 4 b. Membership, voting, and meetings. 5 (1) Each member state shall have and be limited to one 6 delegate selected by that member states licensing authority. 7 (2) The delegate shall be the primary administrator of the 8 licensing authority or the administrators designee. 9 (3) The compact commission shall by rule or bylaw establish 10 a term of office for delegates and may by rule or bylaw 11 establish term limits. 12 (4) The compact commission may recommend removal or 13 suspension of any delegate from office. 14 (5) A member states licensing authority shall fill any 15 vacancy of its delegate occurring on the compact commission 16 within sixty days of the vacancy. 17 (6) Each delegate shall be entitled to one vote on all 18 matters before the compact commission requiring a vote by the 19 delegates. 20 (7) Delegates shall meet and vote by such means as set forth 21 in the bylaws. The bylaws may provide for delegates to meet 22 and vote in person or by telecommunication, video conference, 23 or other means of communication. 24 (8) The compact commission shall meet at least once during 25 each calendar year. Additional meetings may be held as set 26 forth in the bylaws. The compact commission may meet in person 27 or by telecommunication, video conference, or other means of 28 communication. 29 c. The compact commission shall have all of the following 30 powers: 31 (1) Establish the fiscal year of the compact commission. 32 (2) Establish code of conduct and conflict of interest 33 policies. 34 (3) Establish and amend rules and bylaws. 35 -12- LSB 1080YC (1) 91 ss/ko 12/ 31
H.F. _____ (4) Maintain financial records in accordance with the 1 bylaws. 2 (5) Meet and take such actions as are consistent with the 3 provisions of this compact, the compact commissions rules, and 4 the bylaws. 5 (6) Initiate and conclude legal proceedings or actions in 6 the name of the compact commission, provided that the standing 7 of any licensing authority to sue or be sued under applicable 8 law shall not be affected. 9 (7) Maintain and certify records and information provided 10 to a member state as the authenticated business records of the 11 compact commission, and designate an agent to do so on the 12 compact commissions behalf. 13 (8) Purchase and maintain insurance and bonds. 14 (9) Borrow, accept, or contract for services of personnel, 15 including but not limited to employees of a member state. 16 (10) Conduct an annual financial review. 17 (11) Hire employees, elect or appoint officers, fix 18 compensation, define duties, grant such individuals appropriate 19 authority to carry out the purposes of the compact, and 20 establish the compact commissions personnel policies and 21 programs relating to conflicts of interest, qualifications of 22 personnel, and other related personnel matters. 23 (12) Assess and collect fees. 24 (13) Accept any and all appropriate donations, grants 25 of money, other sources of revenue, equipment, supplies, 26 materials, services, and gifts, and receive, utilize, and 27 dispose of the same, provided that at all times the compact 28 commission shall avoid any actual or appearance of impropriety 29 or conflict of interest. 30 (14) Lease, purchase, retain, own, hold, improve, or use any 31 property, real, personal, or mixed, or any undivided interest 32 therein. 33 (15) Sell, convey, mortgage, pledge, lease, exchange, 34 abandon, or otherwise dispose of any property real, personal, 35 -13- LSB 1080YC (1) 91 ss/ko 13/ 31
H.F. _____ or mixed. 1 (16) Establish a budget and make expenditures. 2 (17) Borrow money. 3 (18) Appoint committees, including standing committees, 4 composed of members, state regulators, state legislators or 5 their representatives, and consumer representatives, and such 6 other interested persons as may be designated in this compact 7 or the bylaws. 8 (19) Provide and receive information from, and cooperate 9 with, law enforcement agencies. 10 (20) Establish and elect an executive committee, including 11 a chair and a vice chair. 12 (21) Determine whether a states adopted language is 13 materially different from the model compact language such that 14 the state would not qualify for participation in the compact. 15 (22) Perform such other functions as may be necessary or 16 appropriate to achieve the purposes of this compact. 17 d. The executive committee. 18 (1) The executive committee shall have the power to act 19 on behalf of the compact commission according to the terms of 20 this compact. The powers, duties, and responsibilities of the 21 executive committee shall include all of the following: 22 (a) Oversee the day-to-day activities of the administration 23 of the compact including enforcement and compliance with the 24 provisions of the compact, rules, and bylaws, and other such 25 duties as deemed necessary. 26 (b) Recommend to the compact commission changes to the rules 27 or bylaws, changes to this compact legislation, fees charged 28 to compact member states, fees charged to licensees, and other 29 fees. 30 (c) Ensure compact administration services are 31 appropriately provided, including by contract. 32 (d) Prepare and recommend the budget. 33 (e) Maintain financial records on behalf of the compact 34 commission. 35 -14- LSB 1080YC (1) 91 ss/ko 14/ 31
H.F. _____ (f) Monitor compact compliance of member states and provide 1 compliance reports to the compact commission. 2 (g) Establish additional committees as necessary. 3 (h) Exercise the powers and duties of the compact commission 4 during the interim between compact commission meetings, except 5 for adopting or amending rules, adopting or amending bylaws, 6 and exercising any other powers and duties expressly reserved 7 to the compact commission by rule or bylaw. 8 (i) Other duties as provided in the rules or bylaws of the 9 compact commission. 10 (2) The executive committee shall be composed of the 11 following nine members: 12 (a) The chair and vice chair of the compact commission shall 13 be voting members of the executive committee. 14 (b) Five voting members from the current membership of the 15 compact commission, elected by the compact commission. 16 (c) One ex officio, nonvoting member from a recognized 17 professional association representing dietitians. 18 (d) One ex officio, nonvoting member from a recognized 19 national credentialing organization for dietitians. 20 (3) The compact commission may remove any member of the 21 executive committee as provided in the compact commissions 22 bylaws. 23 (4) The executive committee shall meet at least annually. 24 (a) Executive committee meetings shall be open to the 25 public, except that the executive committee may meet in 26 a closed, nonpublic meeting as provided in paragraph f , 27 subparagraph (2). 28 (b) The executive committee shall give thirty days notice 29 of its meetings, posted on the internet site of the compact 30 commission and as determined to provide notice to persons with 31 an interest in the business of the compact commission. 32 (c) The executive committee may hold a special meeting in 33 accordance with paragraph f , subparagraph (1), subparagraph 34 division (b). 35 -15- LSB 1080YC (1) 91 ss/ko 15/ 31
H.F. _____ e. The compact commission shall adopt and provide to the 1 member states an annual report. 2 f. Meetings of the compact commission. 3 (1) All meetings shall be open to the public, except that 4 the compact commission may meet in a closed, nonpublic meeting 5 as provided in subparagraph (2). 6 (a) Public notice for all meetings of the full compact 7 commission shall be given in the same manner as required under 8 the rulemaking provisions in subsection 10, except that the 9 compact commission may hold a special meeting as provided in 10 subparagraph division (b). 11 (b) The compact commission may hold a special meeting 12 when it must meet to conduct emergency business by giving 13 twenty-four hours notice to all member states, on the compact 14 commissions internet site, and other means as provided in the 15 compact commissions rules. The compact commissions legal 16 counsel shall certify that the compact commissions need to 17 meet qualifies as an emergency. 18 (2) The compact commission or the executive committee 19 or other committees of the compact commission may convene 20 in a closed, nonpublic meeting for the compact commission 21 or executive committee or other committees of the compact 22 commission to receive legal advice or to discuss any of the 23 following: 24 (a) Noncompliance of a member state with the member states 25 obligations under the compact. 26 (b) The employment, compensation, discipline, or other 27 matters, practices, or procedures related to specific 28 employees. 29 (c) Current or threatened discipline of a licensee by the 30 compact commission or by a member states licensing authority. 31 (d) Current, threatened, or reasonably anticipated 32 litigation. 33 (e) Negotiation of contracts for the purchase, lease, or 34 sale of goods, services, or real estate. 35 -16- LSB 1080YC (1) 91 ss/ko 16/ 31
H.F. _____ (f) Accusing any person of a crime or formally censuring any 1 person. 2 (g) Trade secrets or commercial or financial information 3 that is privileged or confidential. 4 (h) Information of a personal nature where disclosure would 5 constitute a clearly unwarranted invasion of personal privacy. 6 (i) Investigative records compiled for law enforcement 7 purposes. 8 (j) Information related to any investigative reports 9 prepared by or on behalf of or for use of the compact 10 commission or other committee charged with responsibility of 11 investigation or determination of compliance issues pursuant 12 to the compact. 13 (k) Matters specifically exempted from disclosure by 14 federal or member state law. 15 (l) Other matters as specified in the rules of the compact 16 commission. 17 (3) If a meeting, or portion of a meeting, is closed, the 18 presiding officer shall state that the meeting will be closed 19 and reference each relevant exempting provision, and such 20 reference shall be recorded in the minutes. 21 (4) The compact commission shall keep minutes that fully 22 and clearly describe all matters discussed in a meeting and 23 shall provide a full and accurate summary of actions taken, and 24 the reasons therefore, including a description of the views 25 expressed. All documents considered in connection with an 26 action shall be identified in such minutes. All minutes and 27 documents of a closed meeting shall remain under seal, subject 28 to release only by a majority vote of the compact commission or 29 order of a court of competent jurisdiction. 30 g. Financing the compact commission. 31 (1) The compact commission shall pay, or provide for the 32 payment of, the reasonable expenses of its establishment, 33 organization, and ongoing activities. 34 (2) The compact commission may accept any and all 35 -17- LSB 1080YC (1) 91 ss/ko 17/ 31
H.F. _____ appropriate revenue sources as provided in paragraph c , 1 subparagraph (13). 2 (3) The compact commission may levy on and collect an annual 3 assessment from each member state and impose fees on licensees 4 of member states to whom the commission grants a compact 5 privilege to cover the cost of the operations and activities of 6 the compact commission and the commissions staff, which must, 7 in a total amount, be sufficient to cover the commissions 8 annual budget as approved each year for which revenue is not 9 provided by other sources. The aggregate annual assessment 10 amount for member states shall be allocated based upon a 11 formula that the compact commission shall promulgate by rule. 12 (4) The compact commission shall not incur obligations of 13 any kind prior to securing the funds adequate to meet the same, 14 nor shall the compact commission pledge the credit of any of 15 the member states, except by and with the authority of the 16 member state. 17 (5) The compact commission shall keep accurate accounts of 18 all receipts and disbursements. The receipts and disbursements 19 of the compact commission shall be subject to the financial 20 review and accounting procedures established under its bylaws. 21 However, all receipts and disbursements of funds handled by 22 the compact commission shall be subject to an annual financial 23 review by a certified or licensed public accountant, and the 24 report of the financial review shall be included in and become 25 part of the annual report of the compact commission. 26 h. Qualified immunity, defense, and indemnification. 27 (1) The members, officers, executive director, employees, 28 and representatives of the compact commission shall be immune 29 from suit and liability, both personally and in their official 30 capacities, for any claim for damage to or loss of property or 31 personal injury or other civil liability caused by or arising 32 out of any actual or alleged act, error, or omission that 33 occurred, or that the person against whom the claim is made 34 had a reasonable basis for believing occurred within the scope 35 -18- LSB 1080YC (1) 91 ss/ko 18/ 31
H.F. _____ of compact commission employment, duties, or responsibilities, 1 provided that nothing in this subparagraph shall be construed 2 to protect any such person from suit or liability for any 3 damage, loss, injury, or liability caused by the intentional or 4 willful or wanton misconduct of that person. The procurement 5 of insurance of any type by the compact commission shall not in 6 any way compromise or limit the immunity granted hereunder. 7 (2) The compact commission shall defend any member, 8 officer, executive director, employee, and representative of 9 the compact commission in any civil action seeking to impose 10 liability arising out of any actual or alleged act, error, or 11 omission that occurred within the scope of compact commission 12 employment, duties, or responsibilities, or as determined 13 by the compact commission that the person against whom the 14 claim is made had a reasonable basis for believing occurred 15 within the scope of compact commission employment, duties, 16 or responsibilities, provided that nothing herein shall be 17 construed to prohibit that person from retaining their own 18 counsel at their own expense, and provided further that the 19 actual or alleged act, error, or omission did not result from 20 that persons intentional or willful or wanton misconduct. 21 (3) The compact commission shall indemnify and hold 22 harmless any member, officer, executive director, employee, and 23 representative of the compact commission for the amount of any 24 settlement or judgment obtained against that person arising out 25 of any actual or alleged act, error, or omission that occurred 26 within the scope of compact commission employment, duties, or 27 responsibilities, or that such person had a reasonable basis 28 for believing occurred within the scope of compact commission 29 employment, duties, or responsibilities, provided that the 30 actual or alleged act, error, or omission did not result from 31 the intentional or willful or wanton misconduct of that person. 32 (4) Nothing herein shall be construed as a limitation on 33 the liability of any licensee for professional malpractice 34 or misconduct, which shall be governed solely by any other 35 -19- LSB 1080YC (1) 91 ss/ko 19/ 31
H.F. _____ applicable state laws. 1 (5) Nothing in this compact shall be interpreted to waive 2 or otherwise abrogate a member states state action immunity 3 or state action affirmative defense with respect to antitrust 4 claims under the federal Sherman Act, federal Clayton Act, or 5 any other state or federal antitrust or anticompetitive law or 6 regulation. 7 (6) Nothing in this compact shall be construed to be a 8 waiver of sovereign immunity by the member states or by the 9 compact commission. 10 9. Data system. 11 a. The compact commission shall provide for the development, 12 maintenance, operation, and utilization of a coordinated data 13 system. 14 b. The compact commission shall assign each applicant for 15 a compact privilege a unique identifier, as determined by the 16 rules. 17 c. Notwithstanding any other provision of state law to the 18 contrary, a member state shall submit a uniform data set to 19 the data system on all individuals to whom this compact is 20 applicable as required by the rules of the compact commission, 21 including all of the following: 22 (1) Identifying information. 23 (2) Licensure data. 24 (3) Adverse actions against a license or compact privilege 25 and information related thereto. 26 (4) Nonconfidential information related to alternative 27 program participation, the beginning and ending dates of 28 such participation, and other information related to such 29 participation not made confidential under member state law. 30 (5) Any denial of application for licensure, and the reason 31 for such denial. 32 (6) The presence of current significant investigative 33 information. 34 (7) Other information that may facilitate the 35 -20- LSB 1080YC (1) 91 ss/ko 20/ 31
H.F. _____ administration of this compact or the protection of the public, 1 as determined by the rules of the compact commission. 2 d. The records and information provided to a member state 3 pursuant to this compact or through the data system, when 4 certified by the compact commission or an agent thereof, 5 shall constitute the authenticated business records of the 6 compact commission, and shall be entitled to any associated 7 hearsay exception in any relevant judicial, quasi-judicial, or 8 administrative proceedings in a member state. 9 e. Current significant investigative information pertaining 10 to a licensee in any member state will only be available to 11 other member states. 12 f. It is the responsibility of the member states to report 13 any adverse action against a licensee and to monitor the data 14 system to determine whether any adverse action has been taken 15 against a licensee. Adverse action information pertaining to 16 a licensee in any member state will be available to any other 17 member state. 18 g. Member states contributing information to the data 19 system may designate information that may not be shared with 20 the public without the express permission of the contributing 21 state. 22 h. Any information submitted to the data system that is 23 subsequently expunged pursuant to federal law or the laws of 24 the member state contributing the information shall be removed 25 from the data system. 26 10. Rulemaking. 27 a. The compact commission shall promulgate reasonable 28 rules in order to effectively and efficiently implement and 29 administer the purposes and provisions of the compact. A rule 30 shall be invalid and have no force or effect only if a court of 31 competent jurisdiction holds that the rule is invalid because 32 the compact commission exercised its rulemaking authority in a 33 manner that is beyond the scope and purposes of the compact, or 34 the powers granted hereunder, or based upon another applicable 35 -21- LSB 1080YC (1) 91 ss/ko 21/ 31
H.F. _____ standard of review. 1 b. The rules of the compact commission shall have the force 2 of law in each member state, provided, however, that where 3 the rules conflict with the laws or regulations of a member 4 state that relate to the procedures, actions, and processes 5 a licensed dietitian is permitted to undertake in that state 6 and the circumstances under which they may do so, as held by 7 a court of competent jurisdiction, the rules of the compact 8 commission shall be ineffective in that state to the extent of 9 the conflict. 10 c. The compact commission shall exercise its rulemaking 11 powers pursuant to the criteria set forth in this section and 12 the rules adopted thereunder. Rules shall become binding on 13 the day following adoption or as of the date specified in the 14 rule or amendment, whichever is later. 15 d. If a majority of the legislatures of the member states 16 rejects a rule or portion of a rule, by enactment of a statute 17 or resolution in the same manner used to adopt the compact 18 within four years of the date of adoption of the rule, then 19 such rule shall have no further force and effect in any member 20 state. 21 e. Rules shall be adopted at a regular or special meeting of 22 the compact commission. 23 f. Prior to adoption of a proposed rule, the compact 24 commission shall hold a public hearing and allow persons to 25 provide oral and written comments, data, facts, opinions, and 26 arguments. 27 g. Prior to adoption of a proposed rule by the compact 28 commission, and at least thirty days in advance of the meeting 29 at which the compact commission will hold a public hearing 30 on the proposed rule, the compact commission shall provide a 31 notice of proposed rulemaking as follows: 32 (1) On the internet site of the compact commission or other 33 publicly accessible platform. 34 (2) To persons who have requested notice of the compact 35 -22- LSB 1080YC (1) 91 ss/ko 22/ 31
H.F. _____ commissions notices of proposed rulemaking. 1 (3) In such other way as the compact commission may by rule 2 specify. 3 h. The notice of proposed rulemaking shall include all of 4 the following: 5 (1) The time, date, and location of the public hearing at 6 which the compact commission will hear public comments on the 7 proposed rule and, if different, the time, date, and location 8 of the meeting where the compact commission will consider and 9 vote on the proposed rule. 10 (2) If the hearing is held via telecommunication, video 11 conference, or other means of communication, the compact 12 commission shall include the mechanism for access to the 13 hearing in the notice of proposed rulemaking. 14 (3) The text of the proposed rule and the reason therefore. 15 (4) A request for comments on the proposed rule from any 16 interested person. 17 (5) The manner in which interested persons may submit 18 written comments. 19 i. All hearings will be recorded. A copy of the recording 20 and all written comments and documents received by the compact 21 commission in response to the proposed rule shall be available 22 to the public. 23 j. Nothing in this subsection shall be construed as 24 requiring a separate hearing on each rule. Rules may be 25 grouped for the convenience of the compact commission at 26 hearings required by this section. 27 k. The compact commission shall, by majority vote of all 28 members, take final action on the proposed rule based on the 29 rulemaking record and the full text of the rule. 30 (1) The compact commission may adopt changes to the proposed 31 rule provided the changes do not enlarge the original purpose 32 of the proposed rule. 33 (2) The compact commission shall provide an explanation of 34 the reasons for substantive changes made to the proposed rule 35 -23- LSB 1080YC (1) 91 ss/ko 23/ 31
H.F. _____ as well as reasons for substantive changes not made that were 1 recommended by commenters. 2 (3) The compact commission shall determine a reasonable 3 effective date for the rule. Except for an emergency as 4 provided in paragraph l , the effective date of the rule shall 5 be no sooner than thirty days after issuing the notice that it 6 adopted or amended the rule. 7 l. Upon determination that an emergency exists, the 8 compact commission may consider and adopt an emergency rule 9 with twenty-four hours notice, with opportunity to comment, 10 provided that the usual rulemaking procedures provided in the 11 compact and in this subsection shall be retroactively applied 12 to the rule as soon as reasonably possible, in no event later 13 than ninety days after the effective date of the rule. For the 14 purposes of this provision, an emergency rule is one that must 15 be adopted immediately in order to do any of the following: 16 (1) Meet an imminent threat to public health, safety, or 17 welfare. 18 (2) Prevent a loss of compact commission or member state 19 funds. 20 (3) Meet a deadline for the promulgation of a rule that is 21 established by federal law or rule. 22 (4) Protect public health and safety. 23 m. The compact commission or an authorized committee of 24 the compact commission may direct revision to a previously 25 adopted rule for purposes of correcting typographical errors, 26 errors in format, errors in consistency, or grammatical 27 errors. Public notice of any revision shall be posted on the 28 internet site of the compact commission. The revision shall 29 be subject to challenge by any person for a period of thirty 30 days after posting. The revision may be challenged only on 31 grounds that the revision results in a material change to a 32 rule. A challenge shall be made in writing and delivered to 33 the compact commission prior to the end of the notice period. 34 If no challenge is made, the revision will take effect without 35 -24- LSB 1080YC (1) 91 ss/ko 24/ 31
H.F. _____ further action. If the revision is challenged, the revision 1 may not take effect without the approval of the compact 2 commission. 3 n. No member states rulemaking requirements shall apply 4 under this compact. 5 11. Oversight, dispute resolution, and enforcement. 6 a. Oversight. 7 (1) The executive and judicial branches of state government 8 in each member state shall enforce this compact and take all 9 actions necessary and appropriate to implement this compact. 10 (2) Except as otherwise provided in this compact, venue 11 is proper and judicial proceedings by or against the compact 12 commission shall be brought solely and exclusively in a court 13 of competent jurisdiction where the principal office of the 14 compact commission is located. The compact commission may 15 waive venue and jurisdictional defenses to the extent it 16 adopts or consents to participate in alternative dispute 17 resolution proceedings. Nothing herein shall affect or limit 18 the selection or propriety of venue in any action against a 19 licensee for professional malpractice, misconduct, or any such 20 similar matter. 21 (3) The compact commission shall be entitled to receive 22 service of process in any proceeding regarding the enforcement 23 or interpretation of the compact and shall have standing to 24 intervene in such a proceeding for all purposes. Failure to 25 provide the compact commission service of process shall render 26 a judgment or order void as to the compact commission, this 27 compact, or promulgated rules. 28 b. Default, technical assistance, and termination. 29 (1) If the compact commission determines that a member 30 state has defaulted in the performance of its obligations or 31 responsibilities under this compact or the promulgated rules, 32 the compact commission shall provide written notice to the 33 defaulting state. The notice of default shall describe the 34 default, the proposed means of curing the default, and any 35 -25- LSB 1080YC (1) 91 ss/ko 25/ 31
H.F. _____ other action that the compact commission may take and shall 1 offer training and specific technical assistance regarding the 2 default. 3 (2) The compact commission shall provide a copy of the 4 notice of default to the other member states. 5 c. If a state in default fails to cure the default, the 6 defaulting state may be terminated from the compact upon an 7 affirmative vote of a majority of the delegates of the member 8 states, and all rights, privileges, and benefits conferred on 9 that state by this compact may be terminated on the effective 10 date of termination. A cure of the default does not relieve 11 the offending state of obligations or liabilities incurred 12 during the period of default. 13 d. Termination of membership in the compact shall be imposed 14 only after all other means of securing compliance have been 15 exhausted. Notice of intent to suspend or terminate shall be 16 given by the compact commission to the governor, the majority 17 and minority leaders of the defaulting states legislature, the 18 defaulting states licensing authority, and each of the member 19 states licensing authority. 20 e. A state that has been terminated is responsible for all 21 assessments, obligations, and liabilities incurred through 22 the effective date of termination, including obligations that 23 extend beyond the effective date of termination. 24 f. Upon the termination of a states membership from 25 this compact, that state shall immediately provide notice to 26 all licensees within that state of such termination. The 27 terminated state shall continue to recognize all compact 28 privileges granted pursuant to this compact for a minimum of 29 six months after the date of said notice of termination. 30 g. The compact commission shall not bear any costs related 31 to a state that is found to be in default or that has been 32 terminated from the compact, unless agreed upon in writing 33 between the compact commission and the defaulting state. 34 h. The defaulting state may appeal the action of the compact 35 -26- LSB 1080YC (1) 91 ss/ko 26/ 31
H.F. _____ commission by petitioning the United States district court for 1 the District of Columbia or the federal district where the 2 compact commission has its principal offices. The prevailing 3 party shall be awarded all costs of such litigation, including 4 reasonable attorney fees. 5 i. Dispute resolution. 6 (1) Upon request by a member state, the compact commission 7 shall attempt to resolve disputes related to the compact that 8 arise among member states and between member and nonmember 9 states. 10 (2) The compact commission shall promulgate a rule 11 providing for both mediation and binding dispute resolution for 12 disputes as appropriate. 13 j. Enforcement. 14 (1) By supermajority vote, the compact commission may 15 initiate legal action against a member state in default in 16 the United States district court for the District of Columbia 17 or the federal district where the compact commission has its 18 principal offices to enforce compliance with the provisions 19 of the compact and its promulgated rules. The relief sought 20 may include both injunctive relief and damages. In the event 21 judicial enforcement is necessary, the prevailing party shall 22 be awarded all costs of such litigation, including reasonable 23 attorney fees. The remedies herein shall not be the exclusive 24 remedies of the compact commission. The compact commission 25 may pursue any other remedies available under federal or the 26 defaulting member states law. 27 (2) A member state may initiate legal action against the 28 compact commission in the United States district court for the 29 District of Columbia or the federal district where the compact 30 commission has its principal offices to enforce compliance with 31 the provisions of the compact and its promulgated rules. The 32 relief sought may include both injunctive relief and damages. 33 In the event judicial enforcement is necessary, the prevailing 34 party shall be awarded all costs of such litigation, including 35 -27- LSB 1080YC (1) 91 ss/ko 27/ 31
H.F. _____ reasonable attorney fees. 1 (3) No party other than a member state shall enforce this 2 compact against the compact commission. 3 12. Effective date, withdrawal, and amendment. 4 a. The compact shall come into effect on the date on which 5 the compact statute is enacted into law in the seventh member 6 state. 7 (1) On or after the effective date of the compact, the 8 compact commission shall convene and review the enactment of 9 each of the charter member states to determine if the statute 10 enacted by each such charter member state is materially 11 different than the model compact statute. 12 (a) A charter member state whose enactment is found to be 13 materially different from the model compact statute shall be 14 entitled to the default process set forth in subsection 11. 15 (b) If any member state is later found to be in default, 16 or is terminated, or withdraws from the compact, the compact 17 commission shall remain in existence and the compact shall 18 remain in effect even if the number of member states should be 19 less than seven. 20 (2) Member states enacting the compact subsequent to the 21 seven initial charter member states shall be subject to the 22 process set forth in subsection 8, paragraph c , subparagraph 23 (21), to determine if their enactments are materially different 24 from the model compact statute and whether they qualify for 25 participation in the compact. 26 (3) All actions taken for the benefit of the compact 27 commission or in furtherance of the purposes of the 28 administration of the compact prior to the effective date of 29 the compact or the compact commission coming into existence 30 shall be considered to be actions of the compact commission 31 unless specifically repudiated by the compact commission. 32 (4) Any state that joins the compact subsequent to the 33 compact commissions initial adoption of the rules and bylaws 34 shall be subject to the rules and bylaws as they exist on the 35 -28- LSB 1080YC (1) 91 ss/ko 28/ 31
H.F. _____ date on which the compact becomes law in that state. Any rule 1 that has been previously adopted by the compact commission 2 shall have the full force and effect of law on the day the 3 compact becomes law in that state. 4 b. Any member state may withdraw from this compact by 5 enacting a statute repealing the compact. 6 (1) A member states withdrawal shall not take effect 7 until one hundred eighty days after enactment of the repealing 8 statute. 9 (2) Withdrawal shall not affect the continuing requirement 10 of the withdrawing states licensing authority to comply with 11 the investigative and adverse action reporting requirements of 12 this compact prior to the effective date of withdrawal. 13 (3) Upon the enactment of a statute withdrawing from this 14 compact, a state shall immediately provide notice of such 15 withdrawal to all licensees within that state. Notwithstanding 16 any subsequent statutory enactment to the contrary, such 17 withdrawing state shall continue to recognize all compact 18 privileges granted pursuant to this compact for a minimum 19 of one hundred eighty days after the date of such notice of 20 withdrawal. 21 c. Nothing contained in this compact shall be construed 22 to invalidate or prevent any licensure agreement or other 23 cooperative arrangement between a member state and a nonmember 24 state that does not conflict with the provisions of this 25 compact. 26 d. This compact may be amended by the member states. No 27 amendment to this compact shall become effective and binding 28 upon any member state until it is enacted into the laws of all 29 member states. 30 13. Construction and severability. 31 a. This compact and the compact commissions rulemaking 32 authority shall be liberally construed so as to effectuate 33 the purposes and the implementation and administration of the 34 compact. Provisions of the compact expressly authorizing or 35 -29- LSB 1080YC (1) 91 ss/ko 29/ 31
H.F. _____ requiring the promulgation of rules shall not be construed to 1 limit the compact commissions rulemaking authority solely for 2 those purposes. 3 b. The provisions of this compact shall be severable and 4 if any phrase, clause, sentence, or provision of this compact 5 is held by a court of competent jurisdiction to be contrary 6 to the constitution of any member state, a state seeking 7 participation in the compact, or of the United States, or 8 the applicability thereof to any government, agency, person, 9 or circumstance is held to be unconstitutional by a court of 10 competent jurisdiction, the validity of the remainder of this 11 compact and the applicability thereof to any other government, 12 agency, person, or circumstance shall not be affected thereby. 13 c. Notwithstanding paragraph b , the compact commission may 14 deny a states participation in the compact or, in accordance 15 with the requirements of subsection 11, paragraph b , 16 terminate a member states participation in the compact, if it 17 determines that a constitutional requirement of a member state 18 is a material departure from the compact. Otherwise, if this 19 compact shall be held to be contrary to the constitution of any 20 member state, the compact shall remain in full force and effect 21 as to the remaining member states and in full force and effect 22 as to the member state affected as to all severable matters. 23 14. Consistent effect and conflict with other state laws. 24 a. Nothing herein shall prevent or inhibit the enforcement 25 of any other law of a member state that is not inconsistent 26 with the compact. 27 b. Any laws, statutes, regulations, or other legal 28 requirements in a member state in conflict with the compact are 29 superseded to the extent of the conflict. 30 c. All permissible agreements between the compact commission 31 and the member states are binding in accordance with their 32 terms. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -30- LSB 1080YC (1) 91 ss/ko 30/ 31
H.F. _____ the explanations substance by the members of the general assembly. 1 This bill establishes the dietitian licensure compact. 2 The compact establishes a system whereby a dietitian 3 licensed to practice in one member state may practice in 4 another member state under a multistate license without 5 applying for a license in that state. The compact imposes 6 certain minimum requirements on the licensure of dietitians in 7 member states. 8 The compact creates a commission to administer the operation 9 of the compact. The commission is an instrumentality of the 10 member states. The compact includes provisions relating to the 11 establishment and membership of the commission; powers of the 12 commission, meetings and voting requirements of the commission; 13 commission bylaws and rules; commission committees; commission 14 finances; the establishment of a licensure data system; 15 oversight by member states; compacting state compliance; 16 venue for judicial proceedings; defense and indemnification; 17 effective dates and amendments to the compact; withdrawal, 18 default, and expulsion; severability and construction; and the 19 binding effect of the compact and other laws. 20 The compact becomes effective upon the adoption of the 21 compact by the seventh participating state. 22 -31- LSB 1080YC (1) 91 ss/ko 31/ 31