Indiana 2025 Regular Session

Indiana Senate Bill SB0375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 375
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-14.7; IC 34-30-2.1-367.7.
7	7	Synopsis: Dietitian licensure compact. Adopts the dietitian licensure
8	8	compact.
9	9	Effective: July 1, 2025.
10	10	Goode
11	11	January 13, 2025, read first time and referred to Committee on Health and Provider
12	12	Services.
13	13	2025 IN 375—LS 6951/DI 148 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	SENATE BILL No. 375
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	professions and occupations.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 25-14.7 IS ADDED TO THE INDIANA CODE AS
29	29	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
30	30	3 2025]:
31	31	4 ARTICLE 14.7. DIETITIAN LICENSURE COMPACT
32	32	5 Chapter 1. Purpose
33	33	6 Sec. 1. The purpose of this compact is to facilitate interstate
34	34	7 practice of dietetics with the goal of improving public access to
35	35	8 dietetics services. This compact preserves the regulatory authority
36	36	9 of states to protect public health and safety through the current
37	37	10 system of state licensure, while also providing for licensure
38	38	11 portability through a compact privilege granted to qualifying
39	39	12 professionals. This compact is designed to achieve the following
40	40	13 objectives:
41	41	14 (1) Increase public access to dietetics services.
42	42	15 (2) Provide opportunities for interstate practice by licensed
43	43	16 dietitians who meet uniform requirements.
44	44	17 (3) Eliminate the necessity for licenses in multiple states.
45	45	2025 IN 375—LS 6951/DI 148 2
46	46	1 (4) Reduce administrative burden on member states and
47	47	2 licensees.
48	48	3 (5) Enhance the states' ability to protect the public's health
49	49	4 and safety.
50	50	5 (6) Encourage the cooperation of member states in regulating
51	51	6 multistate practice of licensed dietitians.
52	52	7 (7) Support relocating active military members and their
53	53	8 spouses.
54	54	9 (8) Enhance the exchange of licensure, investigative, and
55	55	10 disciplinary information among member states.
56	56	11 (9) Vest all member states with the authority to hold a
57	57	12 licensed dietitian accountable for meeting all state practice
58	58	13 laws in the state in which the patient is located at the time
59	59	14 care is rendered.
60	60	15 Chapter 2. Definitions
61	61	16 Sec. 1. As used in this compact, and except as otherwise
62	62	17 provided, the following definitions apply:
63	63	18 (1) "ACEND" means the Accreditation Council for Education
64	64	19 in Nutrition and Dietetics or its successor organization.
65	65	20 (2) "Active military member" means any individual with
66	66	21 full-time duty status in the active armed forces of the United
67	67	22 States, including members of the National Guard and
68	68	23 Reserve.
69	69	24 (3) "Adverse action" means any administrative, civil,
70	70	25 equitable or criminal action permitted by a state's laws which
71	71	26 is imposed by a licensing authority or other authority against
72	72	27 a licensee, including actions against an individual's license or
73	73	28 compact privilege such as:
74	74	29 (A) revocation;
75	75	30 (B) suspension;
76	76	31 (C) probation;
77	77	32 (D) monitoring of the licensee;
78	78	33 (E) limitation on the licensee's practice; or
79	79	34 (F) any other encumbrance on licensure affecting a
80	80	35 licensee's authorization to practice, including issuance of
81	81	36 a cease and desist action.
82	82	37 (4) "Alternative program" means a nondisciplinary
83	83	38 monitoring or practice remediation process approved by a
84	84	39 licensing authority.
85	85	40 (5) "Charter member state" means any member state which
86	86	41 enacted this compact by law before the effective date specified
87	87	42 in IC 25-14.7-12.
88	88	2025 IN 375—LS 6951/DI 148 3
89	89	1 (6) "Continuing education" means a requirement, as a
90	90	2 condition of license renewal, to provide evidence of
91	91	3 participation in, and completion of, educational and
92	92	4 professional activities relevant to practice or area of work.
93	93	5 (7) "CDR" means the commission on dietetic registration or
94	94	6 its successor organization.
95	95	7 (8) "Compact commission" means the government agency
96	96	8 whose membership consists of all states that have enacted this
97	97	9 compact, which is known as the dietitian licensure compact
98	98	10 commission established by IC 25-14.7-8-1, and which operates
99	99	11 as an instrumentality of the member states.
100	100	12 (9) "Compact privilege" means a legal authorization, which
101	101	13 is equivalent to a license, permitting the practice of dietetics
102	102	14 in a remote state.
103	103	15 (10) "Current significant investigative information" means
104	104	16 investigative information:
105	105	17 (A) that a licensing authority, after a preliminary inquiry
106	106	18 that includes notification and an opportunity for the
107	107	19 subject licensee to respond, if required by state law, has
108	108	20 reason to believe is not groundless and, if proved true,
109	109	21 would indicate more than a minor infraction; or
110	110	22 (B) that indicates that the subject licensee represents an
111	111	23 immediate threat to public health and safety regardless of
112	112	24 whether the subject licensee has been notified and had an
113	113	25 opportunity to respond.
114	114	26 (11) "Data system" means a repository of information about
115	115	27 licensees, including continuing education, examination,
116	116	28 licensure, investigative, compact privilege, and adverse action
117	117	29 information.
118	118	30 (12) "Encumbered license" means a license in which an
119	119	31 adverse action restricts a licensee's ability to practice
120	120	32 dietetics.
121	121	33 (13) "Encumbrance" means:
122	122	34 (A) a revocation of;
123	123	35 (B) a suspension of; or
124	124	36 (C) any limitation on;
125	125	37 a licensee's full and unrestricted practice of dietetics by a
126	126	38 licensing authority.
127	127	39 (14) "Executive committee" means a group of delegates
128	128	40 elected or appointed to act on behalf of, and within the powers
129	129	41 granted to them by, this compact, and the compact
130	130	42 commission.
131	131	2025 IN 375—LS 6951/DI 148 4
132	132	1 (15) "Home state" means the member state that is the
133	133	2 licensee's primary state of residence or that has been
134	134	3 designated under IC 25-14.7-6.
135	135	4 (16) "Investigative information" means information, records,
136	136	5 and documents received or generated by a licensing authority
137	137	6 during an investigation.
138	138	7 (17) "Jurisprudence requirement" means an assessment of an
139	139	8 individual's knowledge of the state laws and regulations
140	140	9 governing the practice of dietetics in the state.
141	141	10 (18) "License" means an authorization from a member state
142	142	11 to either:
143	143	12 (A) engage in the practice of dietetics (including medical
144	144	13 nutrition therapy); or
145	145	14 (B) use the title "dietitian", "licensed dietitian", "licensed
146	146	15 dietitian nutritionist", "certified dietitian", or other title
147	147	16 describing a substantially similar practitioner as the
148	148	17 compact commission may further define by rule.
149	149	18 (19) "Licensee" or "licensed dietitian" means an individual
150	150	19 who currently holds a license and who meets all of the
151	151	20 requirements outlined in IC 25-14.7-4.
152	152	21 (20) "Licensing authority" means the board or agency of a
153	153	22 state, or equivalent, that is responsible for the licensing and
154	154	23 regulation of the practice of dietetics.
155	155	24 (21) "Member state" means a state that has enacted the
156	156	25 compact.
157	157	26 (22) "Practice of dietetics" means the synthesis and
158	158	27 application of dietetics, primarily for the provision of
159	159	28 nutrition care services, including medical nutrition therapy,
160	160	29 in person or via telehealth, to prevent, manage, or treat
161	161	30 diseases or medical conditions and promote wellness.
162	162	31 (23) "Registered dietitian" means a person who:
163	163	32 (A) has completed applicable education, experience,
164	164	33 examination, and recertification requirements approved by
165	165	34 CDR;
166	166	35 (B) is credentialed by CDR as a registered dietitian or a
167	167	36 registered dietitian nutritionist; and
168	168	37 (C) is legally authorized to use the title "registered
169	169	38 dietitian" or "registered dietitian nutritionist" and the
170	170	39 corresponding abbreviations "RD" or "RDN".
171	171	40 (24) "Remote state" means a member state other than the
172	172	41 home state, where a licensee is exercising or seeking to
173	173	42 exercise a compact privilege.
174	174	2025 IN 375—LS 6951/DI 148 5
175	175	1 (25) "Rule" means a regulation promulgated by the compact
176	176	2 commission that has the force of law.
177	177	3 (26) "Single state license" means a license issued by a member
178	178	4 state within the issuing state and does not include a compact
179	179	5 privilege in any other member state.
180	180	6 (27) "State" means any state, commonwealth, district, or
181	181	7 territory of the United States of America.
182	182	8 (28) "Unencumbered license" means a license that authorizes
183	183	9 a licensee to engage in the full and unrestricted practice of
184	184	10 dietetics.
185	185	11 Chapter 3. State Participation
186	186	12 Sec. 1. To participate in the compact, a state must currently:
187	187	13 (1) license and regulate the practice of dietetics; and
188	188	14 (2) have a mechanism in place for receiving and investigating
189	189	15 complaints about licensees.
190	190	16 Sec. 2. (a) A member state shall do all of the following:
191	191	17 (1) Participate fully in the compact commission's data system,
192	192	18 including using the unique identifier as defined in rules.
193	193	19 (2) Notify the compact commission, in compliance with the
194	194	20 terms of the compact and rules, of any adverse action or the
195	195	21 availability of current significant investigative information
196	196	22 regarding a licensee.
197	197	23 (3) Implement a procedure for considering the criminal
198	198	24 history record information of an applicant for an initial
199	199	25 compact privilege.
200	200	26 (4) Comply with and enforce the rules of the compact
201	201	27 commission.
202	202	28 (5) Require an applicant for a compact privilege to obtain or
203	203	29 retain a license in the licensee's home state and meet the home
204	204	30 state's qualifications for licensure or renewal of licensure, as
205	205	31 well as all other applicable state laws.
206	206	32 (6) Recognize a compact privilege granted to a licensee who
207	207	33 meets all of the requirements outlined in IC 25-14.7-4
208	208	34 according to the terms of the compact and rules.
209	209	35 (b) The procedure described in subsection (a)(3) must include a
210	210	36 fingerprint submission or other biometric based information by an
211	211	37 applicant to obtain the applicant's criminal history record
212	212	38 information from the Federal Bureau of Investigation and the
213	213	39 agency responsible for retaining that state's criminal records.
214	214	40 (c) A member state must fully implement a criminal history
215	215	41 record information requirement, within a time frame established
216	216	42 by rule, which includes receiving the results of the Federal Bureau
217	217	2025 IN 375—LS 6951/DI 148 6
218	218	1 of Investigation record search and must use those results in
219	219	2 determining compact privilege eligibility.
220	220	3 (d) Communication between a member state and the compact
221	221	4 commission or among member states regarding the verification of
222	222	5 eligibility for a compact privilege must not include any information
223	223	6 received from the Federal Bureau of Investigation relating to a
224	224	7 federal criminal history record information check performed by a
225	225	8 member state.
226	226	9 Sec. 3. A member state may set and collect a fee for granting a
227	227	10 compact privilege.
228	228	11 Sec. 4. (a) An individual who does not reside in a member state
229	229	12 may apply for a member state's single state license as provided
230	230	13 under the laws of each member state. However, the single state
231	231	14 license granted to an individual does not include a compact
232	232	15 privilege to engage in the practice of dietetics in any other member
233	233	16 state.
234	234	17 (b) The compact commission may not define the requirements
235	235	18 for a single state license to practice dietetics. A member state
236	236	19 retains sole jurisdiction over the provision of these requirements.
237	237	20 (c) This compact does not affect the requirements established by
238	238	21 a member state for the issuance of a single state license.
239	239	22 Chapter 4. Compact Privilege
240	240	23 Sec. 1. (a) Except as provided in subsection (b), to exercise the
241	241	24 compact privilege under the compact, a licensee shall satisfy all of
242	242	25 the following:
243	243	26 (1) Complete an education program which is either:
244	244	27 (A) a master's degree or doctoral degree that is:
245	245	28 (i) from a program accredited by ACEND or a dietetics
246	246	29 accrediting agency recognized by the United States
247	247	30 Department of Education, which the compact
248	248	31 commission may by rule determine; and
249	249	32 (ii) from a college or university accredited at the time of
250	250	33 graduation by the appropriate regional accrediting
251	251	34 agency recognized by the Council on Higher Education
252	252	35 Accreditation and the United States Department of
253	253	36 Education; or
254	254	37 (B) an academic degree from a college or university in a
255	255	38 foreign country equivalent to the requirements described
256	256	39 in clause (A).
257	257	40 (2) Complete a planned, documented, supervised practice
258	258	41 experience in dietetics that is programmatically accredited
259	259	42 by:
260	260	2025 IN 375—LS 6951/DI 148 7
261	261	1 (A) ACEND; or
262	262	2 (B) a dietetics accrediting agency recognized by the United
263	263	3 States Department of Education which the compact
264	264	4 commission may by rule determine;
265	265	5 which involves at least one thousand (1,000) hours of practice
266	266	6 experience under the supervision of a registered dietitian or
267	267	7 a licensed dietitian.
268	268	8 (3) Successful completion of either:
269	269	9 (A) the registration examination for dietitians
270	270	10 administered by CDR; or
271	271	11 (B) a national credentialing examination for dietitians
272	272	12 approved by the compact commission by rule;
273	273	13 the completion being no more than five (5) years before the
274	274	14 date of the licensee's application for initial licensure and
275	275	15 accompanied by a period of continuous licensure thereafter,
276	276	16 all of which may be further governed by the rules of the
277	277	17 compact commission.
278	278	18 (4) Hold an unencumbered license in the home state.
279	279	19 (5) Notify the compact commission that the licensee is seeking
280	280	20 a compact privilege within a remote state.
281	281	21 (6) Pay any applicable fees, including any state fee, for the
282	282	22 compact privilege.
283	283	23 (7) Meet any jurisprudence requirements established by the
284	284	24 remote state in which the licensee is seeking a compact
285	285	25 privilege.
286	286	26 (8) Report to the compact commission any adverse action,
287	287	27 encumbrance, or restriction on a license taken by any
288	288	28 nonmember state not later than thirty (30) days after the date
289	289	29 the action is taken.
290	290	30 (b) An applicant may exercise the compact privilege under the
291	291	31 compact if the applicant holds a valid current registration that
292	292	32 gives the applicant the right to use the term "registered dietitian".
293	293	33 Sec. 2. (a) The compact privilege is valid until the expiration
294	294	34 date of the home state license.
295	295	35 (b) To maintain a compact privilege, renewal of the compact
296	296	36 privilege must be congruent with the renewal of the home state
297	297	37 license as the compact commission may define by rule.
298	298	38 (c) The licensee must comply with the requirements of section
299	299	39 1 of this chapter to maintain the compact privilege in the remote
300	300	40 state.
301	301	41 Sec. 3. A licensee exercising a compact privilege shall comply
302	302	42 with the remote state's laws. Licensees must educate themselves on,
303	303	2025 IN 375—LS 6951/DI 148 8
304	304	1 and comply with, any state law relating to the practice of dietetics
305	305	2 in the remote state.
306	306	3 Sec. 4. (a) A licensee exercising a compact privilege is only
307	307	4 required to complete continuing education requirements as
308	308	5 required by the licensee's home state.
309	309	6 (b) A remote state may not require a licensee exercising a
310	310	7 compact privilege to complete any additional continuing education
311	311	8 requirements.
312	312	9 Chapter 5. Obtaining a New Home State License Based on a
313	313	10 Compact Privilege
314	314	11 Sec. 1. A licensee may hold a home state license, which allows
315	315	12 for a compact privilege in other member states, in only one (1)
316	316	13 member state at a time.
317	317	14 Sec. 2. (a) If a licensee changes home state by moving between
318	318	15 two member states the licensee shall:
319	319	16 (1) file an application for obtaining a new home state license
320	320	17 based on a compact privilege;
321	321	18 (2) pay all applicable fees; and
322	322	19 (3) notify the current and new home state according to the
323	323	20 rules of the compact commission.
324	324	21 (b) Upon receipt of an application for obtaining a new home
325	325	22 state license by virtue of a compact privilege:
326	326	23 (1) the new home state shall:
327	327	24 (A) verify that the licensee meets the criteria in
328	328	25 IC 25-14.7-4 via the data system; and
329	329	26 (B) require that the licensee complete:
330	330	27 (i) a Federal Bureau of Investigation fingerprint based
331	331	28 criminal history record information check;
332	332	29 (ii) any other criminal history record information
333	333	30 required by the new home state; and
334	334	31 (iii) any jurisprudence requirements of the new home
335	335	32 state;
336	336	33 (2) the former home state shall convert the former home state
337	337	34 license into a compact privilege once the new home state has
338	338	35 activated the new home state license according to applicable
339	339	36 rules adopted by the compact commission;
340	340	37 (3) notwithstanding any other provision of this compact, the
341	341	38 new home state may apply its requirements for issuing a new
342	342	39 single state license if the licensee cannot meet the criteria in
343	343	40 IC 25-14.7-4; and
344	344	41 (4) the licensee shall pay all applicable fees to the new home
345	345	42 state in order to be issued a new home state license.
346	346	2025 IN 375—LS 6951/DI 148 9
347	347	1 Sec. 3. If a licensee changes their state of residence by moving
348	348	2 from a member state to a nonmember state, or from a nonmember
349	349	3 state to a member state, the new state's criteria applies for issuance
350	350	4 of a single state license in the new state.
351	351	5 Sec. 4. A licensee may hold a single state license in multiple
352	352	6 states. However, for the purposes of this compact, a licensee may
353	353	7 only hold one (1) home state license.
354	354	8 Sec. 5. This compact does not affect the requirements
355	355	9 established by a member state for the issuance of a single state
356	356	10 license.
357	357	11 Chapter 6. Active Military Members or Their Spouses
358	358	12 Sec. 1. (a) An active military member, or the active military
359	359	13 member's spouse, shall designate a home state where the individual
360	360	14 has a current license in good standing.
361	361	15 (b) The individual may retain the home state designation during
362	362	16 the period the service member is on active duty.
363	363	17 Chapter 7. Adverse Actions
364	364	18 Sec. 1. (a) In addition to the other powers conferred by state
365	365	19 law, a remote state may, according to existing state due process
366	366	20 law:
367	367	21 (1) take adverse action against a licensee's compact privilege
368	368	22 within that remote state; and
369	369	23 (2) issue subpoenas for:
370	370	24 (A) both hearings and investigations that require the
371	371	25 attendance and testimony of witnesses; and
372	372	26 (B) the production of evidence.
373	373	27 (b) Subpoenas issued by a licensing authority in a remote state
374	374	28 for the attendance and testimony of witnesses or the production of
375	375	29 evidence from another member state must be enforced in the
376	376	30 receiving member state by any court of competent jurisdiction,
377	377	31 according to the practice and procedure applicable to subpoenas
378	378	32 issued in proceedings pending before that court.
379	379	33 (c) The issuing authority shall pay any witness fees, travel
380	380	34 expenses, mileage, and other fees required by the service statutes
381	381	35 of the receiving member state in which the witnesses or evidence
382	382	36 are located.
383	383	37 Sec. 2. Only the home state may take adverse action against a
384	384	38 licensee's home state license.
385	385	39 Sec. 3. For purposes of taking adverse action, the home state
386	386	40 shall give the same priority and effect to reported conduct received
387	387	41 from a member state as it would if the conduct had occurred within
388	388	42 the home state. In so doing, the home state shall apply its own state
389	389	2025 IN 375—LS 6951/DI 148 10
390	390	1 laws to determine appropriate action.
391	391	2 Sec. 4. (a) The home state shall complete any pending
392	392	3 investigations of a licensee who changes home states during the
393	393	4 course of the investigations.
394	394	5 (b) The home state may take appropriate action and promptly
395	395	6 report the conclusions of the investigations to the administrator of
396	396	7 the data system.
397	397	8 (c) The administrator of the data system shall promptly notify
398	398	9 the new home state of any adverse action.
399	399	10 Sec. 5. A member state, if otherwise permitted by state law, may
400	400	11 recover from the affected licensee the costs of investigations and
401	401	12 dispositions of cases resulting from any adverse action taken
402	402	13 against that licensee.
403	403	14 Sec. 6. A member state may take adverse action based on the
404	404	15 factual findings of another remote state if the member state follows
405	405	16 its own procedures for taking the adverse action.
406	406	17 Sec. 7. (a) In addition to the authority granted to a member state
407	407	18 by its respective state law, a member state may participate with
408	408	19 another member state in a joint investigation of a licensee.
409	409	20 (b) A member state shall share any investigative, litigation, or
410	410	21 compliance materials in furtherance of the joint investigation
411	411	22 initiated under the compact.
412	412	23 Sec. 8. (a) If a home state takes adverse action against a
413	413	24 licensee's home state license resulting in an encumbrance on the
414	414	25 home state license, the licensee's compact privilege in all other
415	415	26 member states must be revoked until all encumbrances have been
416	416	27 removed from the home state license.
417	417	28 (b) A home state disciplinary order that imposes adverse action
418	418	29 against a licensee must include a statement that the licensee's
419	419	30 compact privileges are revoked in all member states during the
420	420	31 pendency of the order.
421	421	32 Sec. 9. Once an encumbered license in the home state is restored
422	422	33 to an unencumbered license (as certified by the home state's
423	423	34 licensing authority), the licensee must meet the requirements of
424	424	35 IC 25-14.7-4 and follow the administrative requirements to reapply
425	425	36 to obtain a compact privilege in any remote state.
426	426	37 Sec. 10. (a) If a member state takes adverse action, the member
427	427	38 state shall promptly notify the administrator of the data system.
428	428	39 (b) The administrator of the data system shall promptly notify
429	429	40 the other member states of any adverse actions.
430	430	41 Sec. 11. A member state may require a licensee to participate in
431	431	42 an alternative program instead of taking adverse action.
432	432	2025 IN 375—LS 6951/DI 148 11
433	433	1 Chapter 8. Dietitian Licensure Compact Commission
434	434	2 Sec. 1. The dietitian licensure compact commission, whose
435	435	3 membership consists of all member states that have enacted the
436	436	4 compact, is established. The compact commission is an
437	437	5 instrumentality of the compact states acting jointly and not an
438	438	6 instrumentality of any one (1) state. The compact commission
439	439	7 comes into existence on or after the effective date of the compact
440	440	8 as set forth in IC 25-14.7-12.
441	441	9 Sec. 2. (a) Each member state shall have one (1) delegate
442	442	10 selected by that member state's licensing authority.
443	443	11 (b) The delegate must be the primary administrator of the
444	444	12 licensing authority or the administrator's designee.
445	445	13 (c) The compact commission:
446	446	14 (1) shall establish a term of office for a delegate; and
447	447	15 (2) may establish term limits.
448	448	16 (d) The compact commission may recommend removal or
449	449	17 suspension of any delegate from office.
450	450	18 (e) A member state's licensing authority shall fill any vacancy
451	451	19 of the member state's delegate occurring on the compact
452	452	20 commission not more than sixty (60) days after the vacancy occurs.
453	453	21 (f) Each delegate is entitled to one (1) vote on all matters before
454	454	22 the compact commission requiring a vote by the delegates.
455	455	23 (g) A delegate shall meet and vote according to the bylaws. The
456	456	24 bylaws may provide for delegates to meet and vote:
457	457	25 (1) in-person;
458	458	26 (2) by telecommunication;
459	459	27 (3) by video conference; or
460	460	28 (4) by any other means of communication.
461	461	29 (h) The compact commission shall meet at least once during
462	462	30 each calendar year. Additional meetings may be held as set forth
463	463	31 in the bylaws. The compact commission may meet:
464	464	32 (1) in-person;
465	465	33 (2) by telecommunication;
466	466	34 (3) by video conference; or
467	467	35 (4) by any other means of communication.
468	468	36 Sec. 3. The compact commission has the following powers:
469	469	37 (1) Establish the fiscal year of the compact commission.
470	470	38 (2) Establish code of conduct and conflict of interest policies.
471	471	39 (3) Establish and amend rules and bylaws.
472	472	40 (4) Maintain its financial records according to the bylaws.
473	473	41 (5) Meet and take actions consistent with this compact, the
474	474	42 compact commission's rules, and the bylaws.
475	475	2025 IN 375—LS 6951/DI 148 12
476	476	1 (6) Initiate and conclude legal proceedings or actions in the
477	477	2 name of the compact commission unless doing so affects the
478	478	3 standing of any licensing authority to sue or be sued under
479	479	4 applicable law.
480	480	5 (7) Maintain and certify records and information provided to
481	481	6 a member state as the authenticated business records of the
482	482	7 compact commission and designate an agent to do so on the
483	483	8 compact commission's behalf.
484	484	9 (8) Purchase and maintain insurance and bonds.
485	485	10 (9) Borrow, accept, or contract for services of personnel,
486	486	11 including employees of a member state.
487	487	12 (10) Conduct an annual financial review.
488	488	13 (11) Hire employees, elect or appoint officers, fix
489	489	14 compensation, define duties, grant the individuals appropriate
490	490	15 authority to carry out the purposes of the compact, and
491	491	16 establish the compact commission's personnel policies and
492	492	17 programs relating to conflicts of interest, qualifications of
493	493	18 personnel, and other related personnel matters.
494	494	19 (12) Assess and collect fees.
495	495	20 (13) Accept any and all appropriate donations, grants of
496	496	21 money, other sources of revenue, equipment, supplies,
497	497	22 materials, services, and gifts, and receive, utilize, and dispose
498	498	23 of the same, provided that at all times the compact
499	499	24 commission shall avoid any actual or appearance of
500	500	25 impropriety or conflict of interest.
501	501	26 (14) Lease, purchase, retain, own, hold, improve, or use any
502	502	27 property or any undivided interest in the property.
503	503	28 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
504	504	29 or otherwise dispose of any property.
505	505	30 (16) Establish a budget and make expenditures.
506	506	31 (17) Borrow money.
507	507	32 (18) Appoint committees, including standing committees,
508	508	33 composed of members, state regulators, state legislators or
509	509	34 their representatives, and consumer representatives, and the
510	510	35 other interested persons as may be designated in this compact
511	511	36 or the bylaws.
512	512	37 (19) Provide and receive information from, and cooperate
513	513	38 with, law enforcement agencies.
514	514	39 (20) Establish and elect an executive committee, including a
515	515	40 chair and a vice chair.
516	516	41 (21) Determine whether a state's adopted language is
517	517	42 materially different from the model compact language such
518	518	2025 IN 375—LS 6951/DI 148 13
519	519	1 that the state would not qualify for participation in the
520	520	2 compact.
521	521	3 (22) Perform the other functions as may be necessary or
522	522	4 appropriate to achieve the purposes of this compact.
523	523	5 Sec. 4. (a) The executive committee may act on behalf of the
524	524	6 compact commission according to the terms of this compact. The
525	525	7 executive committee has the following powers, duties, and
526	526	8 responsibilities:
527	527	9 (1) Oversee the day to day activities of the administration of
528	528	10 the compact including enforcement and compliance with the
529	529	11 provisions of the compact, its rules and bylaws, and other
530	530	12 duties as deemed necessary.
531	531	13 (2) Recommend to the compact commission changes to the
532	532	14 rules or bylaws, changes to this compact legislation, fees
533	533	15 charged to compact member states, fees charged to licensees,
534	534	16 and other fees.
535	535	17 (3) Ensure compact administration services are appropriately
536	536	18 provided, including by contract.
537	537	19 (4) Prepare and recommend the budget.
538	538	20 (5) Maintain financial records on behalf of the compact
539	539	21 commission.
540	540	22 (6) Monitor compact compliance of member states and
541	541	23 provide compliance reports to the compact commission.
542	542	24 (7) Establish additional committees as necessary.
543	543	25 (8) Exercise the powers and duties of the compact commission
544	544	26 during the interim between compact commission meetings,
545	545	27 except for adopting or amending rules, adopting or amending
546	546	28 bylaws, and exercising any other powers and duties expressly
547	547	29 reserved to the compact commission by rule or bylaw.
548	548	30 (9) Other duties as provided in the rules or bylaws of the
549	549	31 compact commission.
550	550	32 (b) The executive committee consists of the following nine (9)
551	551	33 members:
552	552	34 (1) The chair and vice chair of the compact commission, who
553	553	35 are both voting members of the executive committee.
554	554	36 (2) Five (5) voting members from the current membership of
555	555	37 the compact commission, elected by the compact commission.
556	556	38 (3) One (1) ex officio, nonvoting member from a recognized
557	557	39 professional association representing dietitians.
558	558	40 (4) One (1) ex officio, nonvoting member from a recognized
559	559	41 national credentialing organization for dietitians.
560	560	42 (c) The compact commission may remove any member of the
561	561	2025 IN 375—LS 6951/DI 148 14
562	562	1 executive committee as provided in the compact commission's
563	563	2 bylaws.
564	564	3 (d) The:
565	565	4 (1) executive committee shall:
566	566	5 (A) meet at least annually;
567	567	6 (B) give thirty (30) days notice of its meetings, posted on
568	568	7 the website of the compact commission and as determined
569	569	8 to provide notice to persons with an interest in the business
570	570	9 of the compact commission; and
571	571	10 (C) adopt and provide to the member states an annual
572	572	11 report;
573	573	12 (2) executive committee meetings must be open to the public,
574	574	13 except that the executive committee may meet in a closed,
575	575	14 nonpublic meeting as provided in section 5(d) of this chapter;
576	576	15 and
577	577	16 (3) executive committee may hold a special meeting according
578	578	17 to section 5(b) of this chapter.
579	579	18 Sec. 5. (a) All meetings shall be open to the public, except that
580	580	19 the compact commission may meet in a closed, nonpublic meeting
581	581	20 as provided in subsection (d).
582	582	21 (b) Public notice for all meetings of the full compact commission
583	583	22 must be given in the same manner as required under the
584	584	23 rulemaking provisions in IC 25-14.7-10, except that the compact
585	585	24 commission may hold a special meeting as provided in this section.
586	586	25 (c) The compact commission or the executive committee may
587	587	26 hold a special meeting when it must meet to conduct emergency
588	588	27 business by giving twenty-four (24) hours notice to all member
589	589	28 states, on the compact commission's website, and other means as
590	590	29 provided in the compact commission's rules. The compact
591	591	30 commission's legal counsel shall certify that the compact
592	592	31 commission's need to meet qualifies as an emergency.
593	593	32 (d) The compact commission or the executive committee or
594	594	33 other committees of the compact commission may convene in a
595	595	34 closed, nonpublic meeting for the compact commission or executive
596	596	35 committee or other committees of the compact commission to
597	597	36 receive legal advice or to discuss any of the following:
598	598	37 (1) Noncompliance of a member state with its obligations
599	599	38 under the compact.
600	600	39 (2) The employment, compensation, discipline, or other
601	601	40 matters, practices, or procedures related to specific
602	602	41 employees.
603	603	42 (3) Current or threatened discipline of a licensee by the
604	604	2025 IN 375—LS 6951/DI 148 15
605	605	1 compact commission or by a member state's licensing
606	606	2 authority.
607	607	3 (4) Current, threatened, or reasonably anticipated litigation.
608	608	4 (5) Negotiation of contracts for the purchase, lease, or sale of
609	609	5 goods, services, or real estate.
610	610	6 (6) Accusing any person of a crime or formally censuring any
611	611	7 person.
612	612	8 (7) Trade secrets or commercial or financial information that
613	613	9 is privileged or confidential.
614	614	10 (8) Information of a personal nature where disclosure would
615	615	11 constitute a clearly unwarranted invasion of personal privacy.
616	616	12 (9) Investigative records compiled for law enforcement
617	617	13 purposes.
618	618	14 (10) Information related to any investigative reports prepared
619	619	15 by or on behalf of or for use of the compact commission or
620	620	16 other committee charged with responsibility of investigation
621	621	17 or determination of compliance issues under the compact.
622	622	18 (11) Matters specifically exempted from disclosure by federal
623	623	19 or member state law.
624	624	20 (12) Other matters as specified in the rules of the compact
625	625	21 commission.
626	626	22 (e) If a meeting, or portion of a meeting, is closed, the presiding
627	627	23 officer shall state that the meeting will be closed and reference each
628	628	24 relevant exempting provision, and the reference must be recorded
629	629	25 in the minutes.
630	630	26 (f) The compact commission shall:
631	631	27 (1) keep minutes that fully and clearly describe all matters
632	632	28 discussed in a meeting; and
633	633	29 (2) provide a full and accurate summary of actions taken, and
634	634	30 the reasons therefore, including a description of the views
635	635	31 expressed.
636	636	32 All documents considered in connection with an action must be
637	637	33 identified in the minutes. All minutes and documents of a closed
638	638	34 meeting must remain under seal, subject to release only by a
639	639	35 majority vote of the compact commission or order of a court of
640	640	36 competent jurisdiction.
641	641	37 Sec. 6. (a) The compact commission shall pay, or provide for the
642	642	38 payment of, the reasonable expenses of its establishment,
643	643	39 organization, and ongoing activities.
644	644	40 (b) The compact commission may accept any appropriate
645	645	41 revenue sources as provided in section 3(13) of this chapter.
646	646	42 (c) The compact commission may:
647	647	2025 IN 375—LS 6951/DI 148 16
648	648	1 (1) levy on and collect an annual assessment from each
649	649	2 member state; and
650	650	3 (2) impose fees on licensees of member states to whom it
651	651	4 grants a compact privilege to cover the cost of the operations
652	652	5 and activities of the compact commission and its staff, which
653	653	6 must, in a total amount, be sufficient to cover its annual
654	654	7 budget as approved each year for which revenue is not
655	655	8 provided by other sources.
656	656	9 The aggregate annual assessment amount for member states must
657	657	10 be allocated based on a formula that the compact commission must
658	658	11 promulgate by rule.
659	659	12 (d) The compact commission shall not do either of the following:
660	660	13 (1) Incur obligations of any kind before securing adequate
661	661	14 funds.
662	662	15 (2) Pledge the credit of any of the member states, except by
663	663	16 and with the authority of the member state.
664	664	17 (e) The compact commission shall keep accurate accounts of all
665	665	18 receipts and disbursements. The receipts and disbursements of the
666	666	19 compact commission are subject to the financial review and
667	667	20 accounting procedures established under the bylaws. However, all
668	668	21 receipts and disbursements of funds handled by the compact
669	669	22 commission are subject to an annual financial review by a certified
670	670	23 or licensed public accountant, and the report of the financial
671	671	24 review must be included in and become part of the annual report
672	672	25 of the compact commission.
673	673	26 Sec. 7. (a) Except as provided in subsection (b), the members,
674	674	27 officers, executive director, employees, and representatives of the
675	675	28 compact commission are immune from suit and liability, both
676	676	29 personally and in their official capacity, for a claim for damage to
677	677	30 or loss of property, personal injury, or other civil liability caused
678	678	31 by or arising out of:
679	679	32 (1) an actual or alleged act, error, or omission that occurred;
680	680	33 or
681	681	34 (2) as determined by the commission, that the person against
682	682	35 whom the claim is made had a reasonable basis for believing
683	683	36 occurred within the scope of compact commission
684	684	37 employment, duties, or responsibilities.
685	685	38 (b) An individual is not immune under subsection (a) for the
686	686	39 individual's:
687	687	40 (1) intentional misconduct; or
688	688	41 (2) willful or wanton misconduct.
689	689	42 (c) The commission's procurement of insurance of any type does
690	690	2025 IN 375—LS 6951/DI 148 17
691	691	1 not in any way compromise or limit the immunity granted in this
692	692	2 section.
693	693	3 (d) Except as provided in subsection (e), the compact
694	694	4 commission shall defend any member, officer, executive director,
695	695	5 employee, and representative of the compact commission in a civil
696	696	6 action seeking to impose liability arising out of any actual or
697	697	7 alleged act, error, or omission:
698	698	8 (1) that occurred within the scope of compact commission
699	699	9 employment, duties, or responsibilities; or
700	700	10 (2) as determined by the compact commission, that the person
701	701	11 against whom the claim is made had a reasonable basis for
702	702	12 believing occurred within the scope of compact commission
703	703	13 employment, duties, or responsibilities.
704	704	14 However, this subsection does not prohibit that person from
705	705	15 retaining their own counsel at their own expense.
706	706	16 (e) The commission is not required to defend an individual
707	707	17 described in subsection (d) if the individual's actual or alleged act,
708	708	18 error, or omission was:
709	709	19 (1) intentional misconduct; or
710	710	20 (2) willful or wanton misconduct.
711	711	21 (f) Subject to subsection (g), the compact commission shall
712	712	22 indemnify and hold harmless any member, officer, executive
713	713	23 director, employee, and representative of the compact commission
714	714	24 for the amount of any settlement or judgment obtained against that
715	715	25 person arising out of any actual or alleged act, error, or omission:
716	716	26 (1) that occurred within the scope of compact commission
717	717	27 employment, duties, or responsibilities; or
718	718	28 (2) that the person had a reasonable basis for believing
719	719	29 occurred within the scope of compact commission
720	720	30 employment, duties, or responsibilities.
721	721	31 (g) The commission is not required to indemnify and hold
722	722	32 harmless a person described in subsection (f) if the actual or
723	723	33 alleged act, error, or omission was:
724	724	34 (1) intentional misconduct; or
725	725	35 (2) willful or wanton misconduct.
726	726	36 (h) This compact does not limit the liability of any licensee for
727	727	37 professional malpractice or misconduct, which is governed solely
728	728	38 by any other applicable state laws.
729	729	39 (i) This compact does not waive or otherwise abrogate a
730	730	40 member state's state action immunity or state action affirmative
731	731	41 defense with respect to antitrust claims under the Sherman Act,
732	732	42 Clayton Act, or any other state or federal antitrust or
733	733	2025 IN 375—LS 6951/DI 148 18
734	734	1 anticompetitive law or regulation.
735	735	2 (j) This compact is not a waiver of sovereign immunity by the
736	736	3 member states or by the compact commission.
737	737	4 Chapter 9. Data System
738	738	5 Sec. 1. The compact commission shall provide for the
739	739	6 development, maintenance, operation, and utilization of a
740	740	7 coordinated data system.
741	741	8 Sec. 2. The compact commission shall assign each applicant for
742	742	9 a compact privilege a unique identifier, as determined by the rules.
743	743	10 Sec. 3. Notwithstanding any other provision of state law to the
744	744	11 contrary, a member state shall submit a uniform data set to the
745	745	12 data system on all individuals to whom this compact is applicable
746	746	13 as required by the rules of the compact commission, including:
747	747	14 (1) identifying information;
748	748	15 (2) licensure data;
749	749	16 (3) adverse actions against a license or compact privilege and
750	750	17 any related information;
751	751	18 (4) nonconfidential information related to alternative
752	752	19 program participation, the beginning and ending dates of the
753	753	20 participation, and other information related to the
754	754	21 participation not made confidential under member state law;
755	755	22 (5) any denial of application for licensure, and the reason for
756	756	23 the denial;
757	757	24 (6) the presence of current significant investigative
758	758	25 information; and
759	759	26 (7) other information that may facilitate the administration of
760	760	27 this compact or the protection of the public, as determined by
761	761	28 the rules of the compact commission.
762	762	29 Sec. 4. The records and information provided to a member state
763	763	30 under this compact or through the data system, when certified by
764	764	31 the compact commission or an agent thereof, constitute the
765	765	32 authenticated business records of the compact commission, and are
766	766	33 entitled to any associated hearsay exception in any relevant
767	767	34 judicial, quasi-judicial, or administrative proceedings in a member
768	768	35 state.
769	769	36 Sec. 5. (a) Current significant investigative information
770	770	37 pertaining to a licensee in any member state will be available only
771	771	38 to other member states.
772	772	39 (b) It is the responsibility of the member states to:
773	773	40 (1) report any adverse action against a licensee; and
774	774	41 (2) monitor the data system to determine whether any adverse
775	775	42 action has been taken against a licensee.
776	776	2025 IN 375—LS 6951/DI 148 19
777	777	1 Adverse action information pertaining to a licensee in any member
778	778	2 state will be available to any other member state.
779	779	3 Sec. 6. (a) Member states contributing information to the data
780	780	4 system may designate information that may not be shared with the
781	781	5 public without the express permission of the contributing state.
782	782	6 (b) The compact commission shall remove from the data system
783	783	7 any information submitted to the data system that is subsequently
784	784	8 expunged under federal law or the laws of the member state
785	785	9 contributing the information.
786	786	10 Chapter 10. Rulemaking
787	787	11 Sec. 1. (a) The compact commission shall promulgate reasonable
788	788	12 rules to effectively and efficiently implement and administer the
789	789	13 purposes and provisions of the compact. A rule is invalid and has
790	790	14 no force or effect only if a court of competent jurisdiction holds
791	791	15 that the rule is invalid because the compact commission exercised
792	792	16 its rulemaking authority in a manner that is:
793	793	17 (1) beyond the scope and purposes of the compact;
794	794	18 (2) beyond the powers granted by the compact; or
795	795	19 (3) based on another applicable standard of review.
796	796	20 (b) The rules of the compact commission have the force of law
797	797	21 in each member state. However, where the rules conflict with the
798	798	22 laws or regulations of a member state that relate to the procedures,
799	799	23 actions, and processes a licensed dietitian is permitted to undertake
800	800	24 in that state and the circumstances under which they may do so, as
801	801	25 held by a court of competent jurisdiction, the rules of the compact
802	802	26 commission are ineffective in that state to the extent of the conflict.
803	803	27 (c) The compact commission shall exercise its rulemaking
804	804	28 powers according to the criteria set forth in this chapter and the
805	805	29 rules adopted thereunder. Rules are binding on:
806	806	30 (1) the day following adoption; or
807	807	31 (2) the date specified in the rule or amendment;
808	808	32 whichever is later.
809	809	33 (d) If a majority of the legislatures of the member states rejects
810	810	34 a rule or portion of a rule, by enactment of a statute or resolution
811	811	35 in the same manner used to adopt the compact within four (4)
812	812	36 years of the date of adoption of the rule, then the rule has no
813	813	37 further force and effect in any member state.
814	814	38 (e) Rules are adopted at a regular or special meeting of the
815	815	39 compact commission.
816	816	40 Sec. 2. (a) Before adoption of a proposed rule, the compact
817	817	41 commission shall:
818	818	42 (1) hold a public hearing and allow persons to provide oral
819	819	2025 IN 375—LS 6951/DI 148 20
820	820	1 and written comments, data, facts, opinions, and arguments;
821	821	2 and
822	822	3 (2) provide at least thirty (30) days in advance of the meeting
823	823	4 at which the compact commission will hold a public hearing
824	824	5 on the proposed rule, a notice of proposed rulemaking:
825	825	6 (A) on the website of the compact commission or other
826	826	7 publicly accessible platform;
827	827	8 (B) to persons who have requested notice of the compact
828	828	9 commission's notices of proposed rulemaking; and
829	829	10 (C) in any other way as the compact commission may by
830	830	11 rule specify.
831	831	12 (b) The compact commission shall include in the notice of
832	832	13 proposed rulemaking the following:
833	833	14 (1) The time, date, and location of the public hearing at which
834	834	15 the compact commission will hear public comments on the
835	835	16 proposed rule and, if different, the time, date, and location of
836	836	17 the meeting where the compact commission will consider and
837	837	18 vote on the proposed rule.
838	838	19 (2) If the hearing is held via telecommunication, video
839	839	20 conference, or other means of communication, the compact
840	840	21 commission shall include the mechanism for access to the
841	841	22 hearing in the notice of proposed rulemaking.
842	842	23 (3) The text of the proposed rule and the reason therefore.
843	843	24 (4) A request for comments on the proposed rule from any
844	844	25 interested person.
845	845	26 (5) The manner in which interested persons may submit
846	846	27 written comments.
847	847	28 (c) All hearings are recorded. A copy of the recording and all
848	848	29 written comments and documents received by the compact
849	849	30 commission in response to the proposed rule are available to the
850	850	31 public.
851	851	32 (d) This section does not require a separate hearing on each
852	852	33 rule. Rules may be grouped for the convenience of the compact
853	853	34 commission at hearings required by this section.
854	854	35 (e) The compact commission shall, by majority vote of all
855	855	36 members, take final action on the proposed rule based on the
856	856	37 rulemaking record and the full text of the rule.
857	857	38 (f) The compact commission:
858	858	39 (1) may adopt changes to the proposed rule if the changes do
859	859	40 not enlarge the original purpose of the proposed rule; and
860	860	41 (2) shall:
861	861	42 (A) provide an explanation of the reasons for:
862	862	2025 IN 375—LS 6951/DI 148 21
863	863	1 (i) substantive changes made to the proposed rule; and
864	864	2 (ii) substantive changes not made that were
865	865	3 recommended by commenters; and
866	866	4 (B) determine a reasonable effective date for the rule.
867	867	5 Except for an emergency as provided in section 3 of this
868	868	6 chapter, the effective date of the rule must be not sooner
869	869	7 than thirty (30) days after issuing the notice that it adopted
870	870	8 or amended the rule.
871	871	9 Sec. 3. Upon determination that an emergency exists, the
872	872	10 compact commission may consider and adopt an emergency rule
873	873	11 with twenty-four (24) hours notice, with opportunity to comment,
874	874	12 if the usual rulemaking procedures provided in the compact and in
875	875	13 this section are retroactively applied to the rule as soon as
876	876	14 reasonably possible, in no event later than ninety (90) days after
877	877	15 the effective date of the rule. For the purposes of this section, an
878	878	16 emergency rule is one that must be adopted immediately in order
879	879	17 to:
880	880	18 (1) meet an imminent threat to public health, safety, or
881	881	19 welfare;
882	882	20 (2) prevent a loss of compact commission or member state
883	883	21 funds;
884	884	22 (3) meet a deadline for the promulgation of a rule that is
885	885	23 established by federal law or rule; or
886	886	24 (4) protect public health and safety.
887	887	25 Sec. 4. (a) The compact commission or an authorized committee
888	888	26 of the compact commission may direct revision to a previously
889	889	27 adopted rule for purposes of correcting typographical errors,
890	890	28 errors in format, errors in consistency, or grammatical errors.
891	891	29 (b) Public notice of any revision must be posted on the compact
892	892	30 commission's website.
893	893	31 (c) A revision under this section is subject to challenge by any
894	894	32 person for a period of thirty (30) days after posting.
895	895	33 (d) The revision may be challenged only on grounds that the
896	896	34 revision results in a material change to a rule.
897	897	35 (e) A challenge must be:
898	898	36 (1) made in writing; and
899	899	37 (2) delivered to the compact commission before the end of the
900	900	38 notice period.
901	901	39 (f) If no challenge is made, the revision takes effect without
902	902	40 further action.
903	903	41 (g) If the revision is challenged, the revision does not take effect
904	904	42 unless the compact commission approves the revision.
905	905	2025 IN 375—LS 6951/DI 148 22
906	906	1 Sec. 5. A member state's rulemaking requirements do not apply
907	907	2 under this compact.
908	908	3 Chapter 11. Oversight, Dispute Resolution, and Enforcement
909	909	4 Sec. 1. The executive and judicial branches of state government
910	910	5 in each member state shall enforce this compact and take all
911	911	6 actions necessary and appropriate to implement this compact.
912	912	7 Sec. 2. (a) Except as otherwise provided in this compact, venue
913	913	8 is proper and judicial proceedings by or against the compact
914	914	9 commission must be brought solely and exclusively in a court of
915	915	10 competent jurisdiction where the principal office of the compact
916	916	11 commission is located.
917	917	12 (b) The compact commission may waive venue and
918	918	13 jurisdictional defenses to the extent it adopts or consents to
919	919	14 participate in alternative dispute resolution proceedings.
920	920	15 (c) This section does not affect or limit the selection or propriety
921	921	16 of venue in any action against a licensee for professional
922	922	17 malpractice, misconduct, or any similar matter.
923	923	18 Sec. 3. (a) The compact commission:
924	924	19 (1) is entitled to receive service of process in any proceeding
925	925	20 regarding the enforcement or interpretation of the compact;
926	926	21 and
927	927	22 (2) has standing to intervene in the proceeding for all
928	928	23 purposes.
929	929	24 (b) Failure to provide the compact commission service of
930	930	25 process renders a judgment or order void as to the compact
931	931	26 commission, this compact, or promulgated rules.
932	932	27 Sec. 4. (a) If the compact commission determines that a member
933	933	28 state has defaulted in the performance of its obligations or
934	934	29 responsibilities under this compact or the promulgated rules, the
935	935	30 compact commission shall provide written notice to the defaulting
936	936	31 state. The notice of default must:
937	937	32 (1) describe the default, the proposed means of curing the
938	938	33 default, and any other action that the compact commission
939	939	34 may take; and
940	940	35 (2) offer training and specific technical assistance regarding
941	941	36 the default.
942	942	37 (b) The compact commission shall provide a copy of the notice
943	943	38 of default to the other member states.
944	944	39 (c) If a state in default fails to cure the default, the defaulting
945	945	40 state may be terminated from the compact upon an affirmative
946	946	41 vote of a majority of the delegates of the member states, and all
947	947	42 rights, privileges, and benefits conferred on the defaulting state by
948	948	2025 IN 375—LS 6951/DI 148 23
949	949	1 this compact may be terminated on the effective date of
950	950	2 termination. A cure of the default does not relieve the offending
951	951	3 state of obligations or liabilities incurred during the period of
952	952	4 default.
953	953	5 (d) Termination of membership in the compact shall be imposed
954	954	6 only after all other means of securing compliance have been
955	955	7 exhausted. The compact commission shall give notice of intent to
956	956	8 suspend or terminate to:
957	957	9 (1) the governor;
958	958	10 (2) the majority and minority leaders of the defaulting state's
959	959	11 legislature;
960	960	12 (3) the defaulting state's licensing authority; and
961	961	13 (4) each member state's licensing authority.
962	962	14 (e) A state that has been terminated is responsible for all
963	963	15 assessments, obligations, and liabilities incurred through the
964	964	16 effective date of termination, including obligations that extend
965	965	17 beyond the effective date of termination.
966	966	18 (f) If a state's membership from this compact is terminated, that
967	967	19 state shall:
968	968	20 (1) immediately provide notice to all licensees within that state
969	969	21 of the termination; and
970	970	22 (2) continue to recognize all compact privileges granted under
971	971	23 this compact for a minimum of six (6) months after the date
972	972	24 of the notice of termination.
973	973	25 (g) The compact commission shall not bear any costs related to
974	974	26 a state that is found to be in default or that has been terminated
975	975	27 from the compact, unless agreed upon in writing between the
976	976	28 compact commission and the defaulting state.
977	977	29 (h) The defaulting state may appeal the action of the compact
978	978	30 commission by petitioning the United States District Court for the
979	979	31 District of Columbia or the federal district where the compact
980	980	32 commission has its principal offices. The prevailing party shall be
981	981	33 awarded all costs of the litigation, including reasonable attorney's
982	982	34 fees.
983	983	35 Sec. 5. (a) Upon request by a member state, the compact
984	984	36 commission shall attempt to resolve disputes related to the compact
985	985	37 that arise among member states and between member and
986	986	38 nonmember states.
987	987	39 (b) The compact commission shall promulgate a rule providing
988	988	40 for both mediation and binding dispute resolution for disputes as
989	989	41 appropriate.
990	990	42 Sec. 6. (a) By supermajority vote, the compact commission may
991	991	2025 IN 375—LS 6951/DI 148 24
992	992	1 initiate legal action against a member state in default in the United
993	993	2 States District Court for the District of Columbia or the federal
994	994	3 district where the compact commission has its principal offices to
995	995	4 enforce compliance with the provisions of the compact and its
996	996	5 promulgated rules. The relief sought may include both injunctive
997	997	6 relief and damages. In the event judicial enforcement is necessary,
998	998	7 the prevailing party shall be awarded all costs of the litigation,
999	999	8 including reasonable attorney's fees. The remedies under this
1000	1000	9 subsection are not the exclusive remedies of the compact
1001	1001	10 commission. The compact commission may pursue any other
1002	1002	11 remedies available under federal or the defaulting member state's
1003	1003	12 law.
1004	1004	13 (b) A member state may initiate legal action against the compact
1005	1005	14 commission in the United States District Court for the District of
1006	1006	15 Columbia or the federal district where the compact commission
1007	1007	16 has its principal offices to enforce compliance with the provisions
1008	1008	17 of the compact and its promulgated rules. The relief sought may
1009	1009	18 include both injunctive relief and damages. In the event judicial
1010	1010	19 enforcement is necessary, the prevailing party shall be awarded all
1011	1011	20 costs of the litigation, including reasonable attorney's fees.
1012	1012	21 (c) Only a member state may enforce this compact against the
1013	1013	22 compact commission.
1014	1014	23 Chapter 12. Effective Date, Withdrawal, and Amendment
1015	1015	24 Sec. 1. (a) The compact comes into effect on the date on which
1016	1016	25 the compact statute is enacted into law in the seventh member
1017	1017	26 state.
1018	1018	27 (b) On or after the effective date of the compact, the compact
1019	1019	28 commission shall convene and review the enactment of each of the
1020	1020	29 first seven (7) member states (charter member states) to determine
1021	1021	30 if the statute enacted by each charter member state is materially
1022	1022	31 different than the model compact statute.
1023	1023	32 (c) A charter member state whose enactment is found to be
1024	1024	33 materially different from the model compact statute is entitled to
1025	1025	34 the default process set forth in IC 25-14.7-11.
1026	1026	35 (d) If any member state is later found to be in default, or is
1027	1027	36 terminated, or withdraws from the compact, the compact
1028	1028	37 commission remains in existence and in effect even if the number
1029	1029	38 of member states should be less than seven (7).
1030	1030	39 Sec. 2. Member states enacting the compact after the seven (7)
1031	1031	40 initial charter member states are subject to review by the compact
1032	1032	41 commission under IC 25-14.7-8-3(21) to determine if their
1033	1033	42 enactments are materially different from the model compact
1034	1034	2025 IN 375—LS 6951/DI 148 25
1035	1035	1 statute and whether they qualify for participation in the compact.
1036	1036	2 Sec. 3. All actions taken for the benefit of the compact
1037	1037	3 commission or in furtherance of the purposes of the administration
1038	1038	4 of the compact before the effective date of the compact or the
1039	1039	5 compact commission coming into existence are considered to be
1040	1040	6 actions of the compact commission unless specifically repudiated
1041	1041	7 by the compact commission.
1042	1042	8 Sec. 4. Any state that joins the compact after the compact
1043	1043	9 commission's initial adoption of the rules and bylaws is subject to
1044	1044	10 the rules and bylaws as they exist on the date on which the compact
1045	1045	11 becomes law in that state. Any rule that has been previously
1046	1046	12 adopted by the compact commission has the full force and effect of
1047	1047	13 law on the day the compact becomes law in that state.
1048	1048	14 Sec. 5. (a) A member state may withdraw from this compact by
1049	1049	15 enacting a statute repealing the compact statute.
1050	1050	16 (b) A member state's withdrawal does not take effect until one
1051	1051	17 hundred eighty (180) days after enactment of the repealing statute.
1052	1052	18 (c) Withdrawal does not affect the continuing requirement of
1053	1053	19 the withdrawing state's licensing authority to comply with the
1054	1054	20 investigative and adverse action reporting requirements of this
1055	1055	21 compact before the effective date of withdrawal.
1056	1056	22 (d) Upon the enactment of a statute withdrawing from this
1057	1057	23 compact, a state shall immediately provide notice of the
1058	1058	24 withdrawal to all licensees within that state.
1059	1059	25 (e) Notwithstanding any subsequent statutory enactment to the
1060	1060	26 contrary, the withdrawing state shall continue to recognize all
1061	1061	27 compact privileges granted under this compact for a minimum of
1062	1062	28 one hundred eighty (180) days after the date of the notice of
1063	1063	29 withdrawal.
1064	1064	30 Sec. 6. This compact does not invalidate or prevent any
1065	1065	31 licensure agreement or other cooperative arrangement between a
1066	1066	32 member state and a nonmember state that does not conflict with
1067	1067	33 the provisions of this compact.
1068	1068	34 Sec. 7. (a) This compact may be amended by the member states.
1069	1069	35 (b) An amendment to this compact is not effective and binding
1070	1070	36 on any member state until it is enacted into the laws of all member
1071	1071	37 states.
1072	1072	38 Chapter 13. Construction and Severability
1073	1073	39 Sec. 1. This compact and the compact commission's rulemaking
1074	1074	40 authority must be liberally construed to effectuate the purposes
1075	1075	41 and the implementation and administration of the compact.
1076	1076	42 Provisions of the compact expressly authorizing or requiring the
1077	1077	2025 IN 375—LS 6951/DI 148 26
1078	1078	1 promulgation of rules do not limit the compact commission's
1079	1079	2 rulemaking authority solely for those purposes.
1080	1080	3 Sec. 2. The provisions of this compact are severable, and if:
1081	1081	4 (1) any phrase, clause, sentence, or provision of this compact
1082	1082	5 is held to be contrary to the constitution of any member state,
1083	1083	6 a state seeking participation in the compact, or of the United
1084	1084	7 States; or
1085	1085	8 (2) the applicability thereof to any government, agency,
1086	1086	9 person, or circumstance is held to be unconstitutional;
1087	1087	10 by a court of competent jurisdiction, the validity of the remainder
1088	1088	11 of this compact and the applicability to any other government,
1089	1089	12 agency, person, or circumstance remains valid.
1090	1090	13 Sec. 3. Notwithstanding section 2 of this chapter, the compact
1091	1091	14 commission may deny a state's participation in the compact or,
1092	1092	15 according to the requirements of IC 25-14.7-11-4, terminate a
1093	1093	16 member state's participation in the compact, if it determines that
1094	1094	17 a constitutional requirement of a member state is a material
1095	1095	18 departure from the compact. Otherwise, if this compact is held to
1096	1096	19 be contrary to the constitution of any member state, the compact
1097	1097	20 remains in full force and effect as to the remaining member states
1098	1098	21 and in full force and effect as to the member state affected as to all
1099	1099	22 severable matters.
1100	1100	23 Chapter 14. Consistent Effect and Conflict with Other State
1101	1101	24 Laws
1102	1102	25 Sec. 1. This compact does not prevent or inhibit the enforcement
1103	1103	26 of any other law of a member state that is not inconsistent with the
1104	1104	27 compact.
1105	1105	28 Sec. 2. Any laws in a member state that conflict with the
1106	1106	29 compact are superseded to the extent of the conflict.
1107	1107	30 Sec. 3. All permissible agreements between the compact
1108	1108	31 commission and the member states are binding according to their
1109	1109	32 terms.
1110	1110	33 SECTION 2. IC 34-30-2.1-367.7 IS ADDED TO THE INDIANA
1111	1111	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
1112	1112	35 [EFFECTIVE JULY 1, 2025]: Sec. 367.7. IC 25-14.7-8-7 (Concerning
1113	1113	36 the members, officers, executive director, employees, and
1114	1114	37 representatives of the dietitian licensure compact commission).
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