Introduced Version
SENATE BILL No. 375
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-14.7; IC 34-30-2.1-367.7.
Synopsis: Dietitian licensure compact. Adopts the dietitian licensure
compact.
Effective: July 1, 2025.
Goode
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 375—LS 6951/DI 148 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 375
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-14.7 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2025]:
4 ARTICLE 14.7. DIETITIAN LICENSURE COMPACT
5 Chapter 1. Purpose
6 Sec. 1. The purpose of this compact is to facilitate interstate
7 practice of dietetics with the goal of improving public access to
8 dietetics services. This compact preserves the regulatory authority
9 of states to protect public health and safety through the current
10 system of state licensure, while also providing for licensure
11 portability through a compact privilege granted to qualifying
12 professionals. This compact is designed to achieve the following
13 objectives:
14 (1) Increase public access to dietetics services.
15 (2) Provide opportunities for interstate practice by licensed
16 dietitians who meet uniform requirements.
17 (3) Eliminate the necessity for licenses in multiple states.
2025 IN 375—LS 6951/DI 148 2
1 (4) Reduce administrative burden on member states and
2 licensees.
3 (5) Enhance the states' ability to protect the public's health
4 and safety.
5 (6) Encourage the cooperation of member states in regulating
6 multistate practice of licensed dietitians.
7 (7) Support relocating active military members and their
8 spouses.
9 (8) Enhance the exchange of licensure, investigative, and
10 disciplinary information among member states.
11 (9) Vest all member states with the authority to hold a
12 licensed dietitian accountable for meeting all state practice
13 laws in the state in which the patient is located at the time
14 care is rendered.
15 Chapter 2. Definitions
16 Sec. 1. As used in this compact, and except as otherwise
17 provided, the following definitions apply:
18 (1) "ACEND" means the Accreditation Council for Education
19 in Nutrition and Dietetics or its successor organization.
20 (2) "Active military member" means any individual with
21 full-time duty status in the active armed forces of the United
22 States, including members of the National Guard and
23 Reserve.
24 (3) "Adverse action" means any administrative, civil,
25 equitable or criminal action permitted by a state's laws which
26 is imposed by a licensing authority or other authority against
27 a licensee, including actions against an individual's license or
28 compact privilege such as:
29 (A) revocation;
30 (B) suspension;
31 (C) probation;
32 (D) monitoring of the licensee;
33 (E) limitation on the licensee's practice; or
34 (F) any other encumbrance on licensure affecting a
35 licensee's authorization to practice, including issuance of
36 a cease and desist action.
37 (4) "Alternative program" means a nondisciplinary
38 monitoring or practice remediation process approved by a
39 licensing authority.
40 (5) "Charter member state" means any member state which
41 enacted this compact by law before the effective date specified
42 in IC 25-14.7-12.
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1 (6) "Continuing education" means a requirement, as a
2 condition of license renewal, to provide evidence of
3 participation in, and completion of, educational and
4 professional activities relevant to practice or area of work.
5 (7) "CDR" means the commission on dietetic registration or
6 its successor organization.
7 (8) "Compact commission" means the government agency
8 whose membership consists of all states that have enacted this
9 compact, which is known as the dietitian licensure compact
10 commission established by IC 25-14.7-8-1, and which operates
11 as an instrumentality of the member states.
12 (9) "Compact privilege" means a legal authorization, which
13 is equivalent to a license, permitting the practice of dietetics
14 in a remote state.
15 (10) "Current significant investigative information" means
16 investigative information:
17 (A) that a licensing authority, after a preliminary inquiry
18 that includes notification and an opportunity for the
19 subject licensee to respond, if required by state law, has
20 reason to believe is not groundless and, if proved true,
21 would indicate more than a minor infraction; or
22 (B) that indicates that the subject licensee represents an
23 immediate threat to public health and safety regardless of
24 whether the subject licensee has been notified and had an
25 opportunity to respond.
26 (11) "Data system" means a repository of information about
27 licensees, including continuing education, examination,
28 licensure, investigative, compact privilege, and adverse action
29 information.
30 (12) "Encumbered license" means a license in which an
31 adverse action restricts a licensee's ability to practice
32 dietetics.
33 (13) "Encumbrance" means:
34 (A) a revocation of;
35 (B) a suspension of; or
36 (C) any limitation on;
37 a licensee's full and unrestricted practice of dietetics by a
38 licensing authority.
39 (14) "Executive committee" means a group of delegates
40 elected or appointed to act on behalf of, and within the powers
41 granted to them by, this compact, and the compact
42 commission.
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1 (15) "Home state" means the member state that is the
2 licensee's primary state of residence or that has been
3 designated under IC 25-14.7-6.
4 (16) "Investigative information" means information, records,
5 and documents received or generated by a licensing authority
6 during an investigation.
7 (17) "Jurisprudence requirement" means an assessment of an
8 individual's knowledge of the state laws and regulations
9 governing the practice of dietetics in the state.
10 (18) "License" means an authorization from a member state
11 to either:
12 (A) engage in the practice of dietetics (including medical
13 nutrition therapy); or
14 (B) use the title "dietitian", "licensed dietitian", "licensed
15 dietitian nutritionist", "certified dietitian", or other title
16 describing a substantially similar practitioner as the
17 compact commission may further define by rule.
18 (19) "Licensee" or "licensed dietitian" means an individual
19 who currently holds a license and who meets all of the
20 requirements outlined in IC 25-14.7-4.
21 (20) "Licensing authority" means the board or agency of a
22 state, or equivalent, that is responsible for the licensing and
23 regulation of the practice of dietetics.
24 (21) "Member state" means a state that has enacted the
25 compact.
26 (22) "Practice of dietetics" means the synthesis and
27 application of dietetics, primarily for the provision of
28 nutrition care services, including medical nutrition therapy,
29 in person or via telehealth, to prevent, manage, or treat
30 diseases or medical conditions and promote wellness.
31 (23) "Registered dietitian" means a person who:
32 (A) has completed applicable education, experience,
33 examination, and recertification requirements approved by
34 CDR;
35 (B) is credentialed by CDR as a registered dietitian or a
36 registered dietitian nutritionist; and
37 (C) is legally authorized to use the title "registered
38 dietitian" or "registered dietitian nutritionist" and the
39 corresponding abbreviations "RD" or "RDN".
40 (24) "Remote state" means a member state other than the
41 home state, where a licensee is exercising or seeking to
42 exercise a compact privilege.
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1 (25) "Rule" means a regulation promulgated by the compact
2 commission that has the force of law.
3 (26) "Single state license" means a license issued by a member
4 state within the issuing state and does not include a compact
5 privilege in any other member state.
6 (27) "State" means any state, commonwealth, district, or
7 territory of the United States of America.
8 (28) "Unencumbered license" means a license that authorizes
9 a licensee to engage in the full and unrestricted practice of
10 dietetics.
11 Chapter 3. State Participation
12 Sec. 1. To participate in the compact, a state must currently:
13 (1) license and regulate the practice of dietetics; and
14 (2) have a mechanism in place for receiving and investigating
15 complaints about licensees.
16 Sec. 2. (a) A member state shall do all of the following:
17 (1) Participate fully in the compact commission's data system,
18 including using the unique identifier as defined in rules.
19 (2) Notify the compact commission, in compliance with the
20 terms of the compact and rules, of any adverse action or the
21 availability of current significant investigative information
22 regarding a licensee.
23 (3) Implement a procedure for considering the criminal
24 history record information of an applicant for an initial
25 compact privilege.
26 (4) Comply with and enforce the rules of the compact
27 commission.
28 (5) Require an applicant for a compact privilege to obtain or
29 retain a license in the licensee's home state and meet the home
30 state's qualifications for licensure or renewal of licensure, as
31 well as all other applicable state laws.
32 (6) Recognize a compact privilege granted to a licensee who
33 meets all of the requirements outlined in IC 25-14.7-4
34 according to the terms of the compact and rules.
35 (b) The procedure described in subsection (a)(3) must include a
36 fingerprint submission or other biometric based information by an
37 applicant to obtain the applicant's criminal history record
38 information from the Federal Bureau of Investigation and the
39 agency responsible for retaining that state's criminal records.
40 (c) A member state must fully implement a criminal history
41 record information requirement, within a time frame established
42 by rule, which includes receiving the results of the Federal Bureau
2025 IN 375—LS 6951/DI 148 6
1 of Investigation record search and must use those results in
2 determining compact privilege eligibility.
3 (d) Communication between a member state and the compact
4 commission or among member states regarding the verification of
5 eligibility for a compact privilege must not include any information
6 received from the Federal Bureau of Investigation relating to a
7 federal criminal history record information check performed by a
8 member state.
9 Sec. 3. A member state may set and collect a fee for granting a
10 compact privilege.
11 Sec. 4. (a) An individual who does not reside in a member state
12 may apply for a member state's single state license as provided
13 under the laws of each member state. However, the single state
14 license granted to an individual does not include a compact
15 privilege to engage in the practice of dietetics in any other member
16 state.
17 (b) The compact commission may not define the requirements
18 for a single state license to practice dietetics. A member state
19 retains sole jurisdiction over the provision of these requirements.
20 (c) This compact does not affect the requirements established by
21 a member state for the issuance of a single state license.
22 Chapter 4. Compact Privilege
23 Sec. 1. (a) Except as provided in subsection (b), to exercise the
24 compact privilege under the compact, a licensee shall satisfy all of
25 the following:
26 (1) Complete an education program which is either:
27 (A) a master's degree or doctoral degree that is:
28 (i) from a program accredited by ACEND or a dietetics
29 accrediting agency recognized by the United States
30 Department of Education, which the compact
31 commission may by rule determine; and
32 (ii) from a college or university accredited at the time of
33 graduation by the appropriate regional accrediting
34 agency recognized by the Council on Higher Education
35 Accreditation and the United States Department of
36 Education; or
37 (B) an academic degree from a college or university in a
38 foreign country equivalent to the requirements described
39 in clause (A).
40 (2) Complete a planned, documented, supervised practice
41 experience in dietetics that is programmatically accredited
42 by:
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1 (A) ACEND; or
2 (B) a dietetics accrediting agency recognized by the United
3 States Department of Education which the compact
4 commission may by rule determine;
5 which involves at least one thousand (1,000) hours of practice
6 experience under the supervision of a registered dietitian or
7 a licensed dietitian.
8 (3) Successful completion of either:
9 (A) the registration examination for dietitians
10 administered by CDR; or
11 (B) a national credentialing examination for dietitians
12 approved by the compact commission by rule;
13 the completion being no more than five (5) years before the
14 date of the licensee's application for initial licensure and
15 accompanied by a period of continuous licensure thereafter,
16 all of which may be further governed by the rules of the
17 compact commission.
18 (4) Hold an unencumbered license in the home state.
19 (5) Notify the compact commission that the licensee is seeking
20 a compact privilege within a remote state.
21 (6) Pay any applicable fees, including any state fee, for the
22 compact privilege.
23 (7) Meet any jurisprudence requirements established by the
24 remote state in which the licensee is seeking a compact
25 privilege.
26 (8) Report to the compact commission any adverse action,
27 encumbrance, or restriction on a license taken by any
28 nonmember state not later than thirty (30) days after the date
29 the action is taken.
30 (b) An applicant may exercise the compact privilege under the
31 compact if the applicant holds a valid current registration that
32 gives the applicant the right to use the term "registered dietitian".
33 Sec. 2. (a) The compact privilege is valid until the expiration
34 date of the home state license.
35 (b) To maintain a compact privilege, renewal of the compact
36 privilege must be congruent with the renewal of the home state
37 license as the compact commission may define by rule.
38 (c) The licensee must comply with the requirements of section
39 1 of this chapter to maintain the compact privilege in the remote
40 state.
41 Sec. 3. A licensee exercising a compact privilege shall comply
42 with the remote state's laws. Licensees must educate themselves on,
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1 and comply with, any state law relating to the practice of dietetics
2 in the remote state.
3 Sec. 4. (a) A licensee exercising a compact privilege is only
4 required to complete continuing education requirements as
5 required by the licensee's home state.
6 (b) A remote state may not require a licensee exercising a
7 compact privilege to complete any additional continuing education
8 requirements.
9 Chapter 5. Obtaining a New Home State License Based on a
10 Compact Privilege
11 Sec. 1. A licensee may hold a home state license, which allows
12 for a compact privilege in other member states, in only one (1)
13 member state at a time.
14 Sec. 2. (a) If a licensee changes home state by moving between
15 two member states the licensee shall:
16 (1) file an application for obtaining a new home state license
17 based on a compact privilege;
18 (2) pay all applicable fees; and
19 (3) notify the current and new home state according to the
20 rules of the compact commission.
21 (b) Upon receipt of an application for obtaining a new home
22 state license by virtue of a compact privilege:
23 (1) the new home state shall:
24 (A) verify that the licensee meets the criteria in
25 IC 25-14.7-4 via the data system; and
26 (B) require that the licensee complete:
27 (i) a Federal Bureau of Investigation fingerprint based
28 criminal history record information check;
29 (ii) any other criminal history record information
30 required by the new home state; and
31 (iii) any jurisprudence requirements of the new home
32 state;
33 (2) the former home state shall convert the former home state
34 license into a compact privilege once the new home state has
35 activated the new home state license according to applicable
36 rules adopted by the compact commission;
37 (3) notwithstanding any other provision of this compact, the
38 new home state may apply its requirements for issuing a new
39 single state license if the licensee cannot meet the criteria in
40 IC 25-14.7-4; and
41 (4) the licensee shall pay all applicable fees to the new home
42 state in order to be issued a new home state license.
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1 Sec. 3. If a licensee changes their state of residence by moving
2 from a member state to a nonmember state, or from a nonmember
3 state to a member state, the new state's criteria applies for issuance
4 of a single state license in the new state.
5 Sec. 4. A licensee may hold a single state license in multiple
6 states. However, for the purposes of this compact, a licensee may
7 only hold one (1) home state license.
8 Sec. 5. This compact does not affect the requirements
9 established by a member state for the issuance of a single state
10 license.
11 Chapter 6. Active Military Members or Their Spouses
12 Sec. 1. (a) An active military member, or the active military
13 member's spouse, shall designate a home state where the individual
14 has a current license in good standing.
15 (b) The individual may retain the home state designation during
16 the period the service member is on active duty.
17 Chapter 7. Adverse Actions
18 Sec. 1. (a) In addition to the other powers conferred by state
19 law, a remote state may, according to existing state due process
20 law:
21 (1) take adverse action against a licensee's compact privilege
22 within that remote state; and
23 (2) issue subpoenas for:
24 (A) both hearings and investigations that require the
25 attendance and testimony of witnesses; and
26 (B) the production of evidence.
27 (b) Subpoenas issued by a licensing authority in a remote state
28 for the attendance and testimony of witnesses or the production of
29 evidence from another member state must be enforced in the
30 receiving member state by any court of competent jurisdiction,
31 according to the practice and procedure applicable to subpoenas
32 issued in proceedings pending before that court.
33 (c) The issuing authority shall pay any witness fees, travel
34 expenses, mileage, and other fees required by the service statutes
35 of the receiving member state in which the witnesses or evidence
36 are located.
37 Sec. 2. Only the home state may take adverse action against a
38 licensee's home state license.
39 Sec. 3. For purposes of taking adverse action, the home state
40 shall give the same priority and effect to reported conduct received
41 from a member state as it would if the conduct had occurred within
42 the home state. In so doing, the home state shall apply its own state
2025 IN 375—LS 6951/DI 148 10
1 laws to determine appropriate action.
2 Sec. 4. (a) The home state shall complete any pending
3 investigations of a licensee who changes home states during the
4 course of the investigations.
5 (b) The home state may take appropriate action and promptly
6 report the conclusions of the investigations to the administrator of
7 the data system.
8 (c) The administrator of the data system shall promptly notify
9 the new home state of any adverse action.
10 Sec. 5. A member state, if otherwise permitted by state law, may
11 recover from the affected licensee the costs of investigations and
12 dispositions of cases resulting from any adverse action taken
13 against that licensee.
14 Sec. 6. A member state may take adverse action based on the
15 factual findings of another remote state if the member state follows
16 its own procedures for taking the adverse action.
17 Sec. 7. (a) In addition to the authority granted to a member state
18 by its respective state law, a member state may participate with
19 another member state in a joint investigation of a licensee.
20 (b) A member state shall share any investigative, litigation, or
21 compliance materials in furtherance of the joint investigation
22 initiated under the compact.
23 Sec. 8. (a) If a home state takes adverse action against a
24 licensee's home state license resulting in an encumbrance on the
25 home state license, the licensee's compact privilege in all other
26 member states must be revoked until all encumbrances have been
27 removed from the home state license.
28 (b) A home state disciplinary order that imposes adverse action
29 against a licensee must include a statement that the licensee's
30 compact privileges are revoked in all member states during the
31 pendency of the order.
32 Sec. 9. Once an encumbered license in the home state is restored
33 to an unencumbered license (as certified by the home state's
34 licensing authority), the licensee must meet the requirements of
35 IC 25-14.7-4 and follow the administrative requirements to reapply
36 to obtain a compact privilege in any remote state.
37 Sec. 10. (a) If a member state takes adverse action, the member
38 state shall promptly notify the administrator of the data system.
39 (b) The administrator of the data system shall promptly notify
40 the other member states of any adverse actions.
41 Sec. 11. A member state may require a licensee to participate in
42 an alternative program instead of taking adverse action.
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1 Chapter 8. Dietitian Licensure Compact Commission
2 Sec. 1. The dietitian licensure compact commission, whose
3 membership consists of all member states that have enacted the
4 compact, is established. The compact commission is an
5 instrumentality of the compact states acting jointly and not an
6 instrumentality of any one (1) state. The compact commission
7 comes into existence on or after the effective date of the compact
8 as set forth in IC 25-14.7-12.
9 Sec. 2. (a) Each member state shall have one (1) delegate
10 selected by that member state's licensing authority.
11 (b) The delegate must be the primary administrator of the
12 licensing authority or the administrator's designee.
13 (c) The compact commission:
14 (1) shall establish a term of office for a delegate; and
15 (2) may establish term limits.
16 (d) The compact commission may recommend removal or
17 suspension of any delegate from office.
18 (e) A member state's licensing authority shall fill any vacancy
19 of the member state's delegate occurring on the compact
20 commission not more than sixty (60) days after the vacancy occurs.
21 (f) Each delegate is entitled to one (1) vote on all matters before
22 the compact commission requiring a vote by the delegates.
23 (g) A delegate shall meet and vote according to the bylaws. The
24 bylaws may provide for delegates to meet and vote:
25 (1) in-person;
26 (2) by telecommunication;
27 (3) by video conference; or
28 (4) by any other means of communication.
29 (h) The compact commission shall meet at least once during
30 each calendar year. Additional meetings may be held as set forth
31 in the bylaws. The compact commission may meet:
32 (1) in-person;
33 (2) by telecommunication;
34 (3) by video conference; or
35 (4) by any other means of communication.
36 Sec. 3. The compact commission has the following powers:
37 (1) Establish the fiscal year of the compact commission.
38 (2) Establish code of conduct and conflict of interest policies.
39 (3) Establish and amend rules and bylaws.
40 (4) Maintain its financial records according to the bylaws.
41 (5) Meet and take actions consistent with this compact, the
42 compact commission's rules, and the bylaws.
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1 (6) Initiate and conclude legal proceedings or actions in the
2 name of the compact commission unless doing so affects the
3 standing of any licensing authority to sue or be sued under
4 applicable law.
5 (7) Maintain and certify records and information provided to
6 a member state as the authenticated business records of the
7 compact commission and designate an agent to do so on the
8 compact commission's behalf.
9 (8) Purchase and maintain insurance and bonds.
10 (9) Borrow, accept, or contract for services of personnel,
11 including employees of a member state.
12 (10) Conduct an annual financial review.
13 (11) Hire employees, elect or appoint officers, fix
14 compensation, define duties, grant the individuals appropriate
15 authority to carry out the purposes of the compact, and
16 establish the compact commission's personnel policies and
17 programs relating to conflicts of interest, qualifications of
18 personnel, and other related personnel matters.
19 (12) Assess and collect fees.
20 (13) Accept any and all appropriate donations, grants of
21 money, other sources of revenue, equipment, supplies,
22 materials, services, and gifts, and receive, utilize, and dispose
23 of the same, provided that at all times the compact
24 commission shall avoid any actual or appearance of
25 impropriety or conflict of interest.
26 (14) Lease, purchase, retain, own, hold, improve, or use any
27 property or any undivided interest in the property.
28 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon,
29 or otherwise dispose of any property.
30 (16) Establish a budget and make expenditures.
31 (17) Borrow money.
32 (18) Appoint committees, including standing committees,
33 composed of members, state regulators, state legislators or
34 their representatives, and consumer representatives, and the
35 other interested persons as may be designated in this compact
36 or the bylaws.
37 (19) Provide and receive information from, and cooperate
38 with, law enforcement agencies.
39 (20) Establish and elect an executive committee, including a
40 chair and a vice chair.
41 (21) Determine whether a state's adopted language is
42 materially different from the model compact language such
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1 that the state would not qualify for participation in the
2 compact.
3 (22) Perform the other functions as may be necessary or
4 appropriate to achieve the purposes of this compact.
5 Sec. 4. (a) The executive committee may act on behalf of the
6 compact commission according to the terms of this compact. The
7 executive committee has the following powers, duties, and
8 responsibilities:
9 (1) Oversee the day to day activities of the administration of
10 the compact including enforcement and compliance with the
11 provisions of the compact, its rules and bylaws, and other
12 duties as deemed necessary.
13 (2) Recommend to the compact commission changes to the
14 rules or bylaws, changes to this compact legislation, fees
15 charged to compact member states, fees charged to licensees,
16 and other fees.
17 (3) Ensure compact administration services are appropriately
18 provided, including by contract.
19 (4) Prepare and recommend the budget.
20 (5) Maintain financial records on behalf of the compact
21 commission.
22 (6) Monitor compact compliance of member states and
23 provide compliance reports to the compact commission.
24 (7) Establish additional committees as necessary.
25 (8) Exercise the powers and duties of the compact commission
26 during the interim between compact commission meetings,
27 except for adopting or amending rules, adopting or amending
28 bylaws, and exercising any other powers and duties expressly
29 reserved to the compact commission by rule or bylaw.
30 (9) Other duties as provided in the rules or bylaws of the
31 compact commission.
32 (b) The executive committee consists of the following nine (9)
33 members:
34 (1) The chair and vice chair of the compact commission, who
35 are both voting members of the executive committee.
36 (2) Five (5) voting members from the current membership of
37 the compact commission, elected by the compact commission.
38 (3) One (1) ex officio, nonvoting member from a recognized
39 professional association representing dietitians.
40 (4) One (1) ex officio, nonvoting member from a recognized
41 national credentialing organization for dietitians.
42 (c) The compact commission may remove any member of the
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1 executive committee as provided in the compact commission's
2 bylaws.
3 (d) The:
4 (1) executive committee shall:
5 (A) meet at least annually;
6 (B) give thirty (30) days notice of its meetings, posted on
7 the website of the compact commission and as determined
8 to provide notice to persons with an interest in the business
9 of the compact commission; and
10 (C) adopt and provide to the member states an annual
11 report;
12 (2) executive committee meetings must be open to the public,
13 except that the executive committee may meet in a closed,
14 nonpublic meeting as provided in section 5(d) of this chapter;
15 and
16 (3) executive committee may hold a special meeting according
17 to section 5(b) of this chapter.
18 Sec. 5. (a) All meetings shall be open to the public, except that
19 the compact commission may meet in a closed, nonpublic meeting
20 as provided in subsection (d).
21 (b) Public notice for all meetings of the full compact commission
22 must be given in the same manner as required under the
23 rulemaking provisions in IC 25-14.7-10, except that the compact
24 commission may hold a special meeting as provided in this section.
25 (c) The compact commission or the executive committee may
26 hold a special meeting when it must meet to conduct emergency
27 business by giving twenty-four (24) hours notice to all member
28 states, on the compact commission's website, and other means as
29 provided in the compact commission's rules. The compact
30 commission's legal counsel shall certify that the compact
31 commission's need to meet qualifies as an emergency.
32 (d) The compact commission or the executive committee or
33 other committees of the compact commission may convene in a
34 closed, nonpublic meeting for the compact commission or executive
35 committee or other committees of the compact commission to
36 receive legal advice or to discuss any of the following:
37 (1) Noncompliance of a member state with its obligations
38 under the compact.
39 (2) The employment, compensation, discipline, or other
40 matters, practices, or procedures related to specific
41 employees.
42 (3) Current or threatened discipline of a licensee by the
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1 compact commission or by a member state's licensing
2 authority.
3 (4) Current, threatened, or reasonably anticipated litigation.
4 (5) Negotiation of contracts for the purchase, lease, or sale of
5 goods, services, or real estate.
6 (6) Accusing any person of a crime or formally censuring any
7 person.
8 (7) Trade secrets or commercial or financial information that
9 is privileged or confidential.
10 (8) Information of a personal nature where disclosure would
11 constitute a clearly unwarranted invasion of personal privacy.
12 (9) Investigative records compiled for law enforcement
13 purposes.
14 (10) Information related to any investigative reports prepared
15 by or on behalf of or for use of the compact commission or
16 other committee charged with responsibility of investigation
17 or determination of compliance issues under the compact.
18 (11) Matters specifically exempted from disclosure by federal
19 or member state law.
20 (12) Other matters as specified in the rules of the compact
21 commission.
22 (e) If a meeting, or portion of a meeting, is closed, the presiding
23 officer shall state that the meeting will be closed and reference each
24 relevant exempting provision, and the reference must be recorded
25 in the minutes.
26 (f) The compact commission shall:
27 (1) keep minutes that fully and clearly describe all matters
28 discussed in a meeting; and
29 (2) provide a full and accurate summary of actions taken, and
30 the reasons therefore, including a description of the views
31 expressed.
32 All documents considered in connection with an action must be
33 identified in the minutes. All minutes and documents of a closed
34 meeting must remain under seal, subject to release only by a
35 majority vote of the compact commission or order of a court of
36 competent jurisdiction.
37 Sec. 6. (a) The compact commission shall pay, or provide for the
38 payment of, the reasonable expenses of its establishment,
39 organization, and ongoing activities.
40 (b) The compact commission may accept any appropriate
41 revenue sources as provided in section 3(13) of this chapter.
42 (c) The compact commission may:
2025 IN 375—LS 6951/DI 148 16
1 (1) levy on and collect an annual assessment from each
2 member state; and
3 (2) impose fees on licensees of member states to whom it
4 grants a compact privilege to cover the cost of the operations
5 and activities of the compact commission and its staff, which
6 must, in a total amount, be sufficient to cover its annual
7 budget as approved each year for which revenue is not
8 provided by other sources.
9 The aggregate annual assessment amount for member states must
10 be allocated based on a formula that the compact commission must
11 promulgate by rule.
12 (d) The compact commission shall not do either of the following:
13 (1) Incur obligations of any kind before securing adequate
14 funds.
15 (2) Pledge the credit of any of the member states, except by
16 and with the authority of the member state.
17 (e) The compact commission shall keep accurate accounts of all
18 receipts and disbursements. The receipts and disbursements of the
19 compact commission are subject to the financial review and
20 accounting procedures established under the bylaws. However, all
21 receipts and disbursements of funds handled by the compact
22 commission are subject to an annual financial review by a certified
23 or licensed public accountant, and the report of the financial
24 review must be included in and become part of the annual report
25 of the compact commission.
26 Sec. 7. (a) Except as provided in subsection (b), the members,
27 officers, executive director, employees, and representatives of the
28 compact commission are immune from suit and liability, both
29 personally and in their official capacity, for a claim for damage to
30 or loss of property, personal injury, or other civil liability caused
31 by or arising out of:
32 (1) an actual or alleged act, error, or omission that occurred;
33 or
34 (2) as determined by the commission, that the person against
35 whom the claim is made had a reasonable basis for believing
36 occurred within the scope of compact commission
37 employment, duties, or responsibilities.
38 (b) An individual is not immune under subsection (a) for the
39 individual's:
40 (1) intentional misconduct; or
41 (2) willful or wanton misconduct.
42 (c) The commission's procurement of insurance of any type does
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1 not in any way compromise or limit the immunity granted in this
2 section.
3 (d) Except as provided in subsection (e), the compact
4 commission shall defend any member, officer, executive director,
5 employee, and representative of the compact commission in a civil
6 action seeking to impose liability arising out of any actual or
7 alleged act, error, or omission:
8 (1) that occurred within the scope of compact commission
9 employment, duties, or responsibilities; or
10 (2) as determined by the compact commission, that the person
11 against whom the claim is made had a reasonable basis for
12 believing occurred within the scope of compact commission
13 employment, duties, or responsibilities.
14 However, this subsection does not prohibit that person from
15 retaining their own counsel at their own expense.
16 (e) The commission is not required to defend an individual
17 described in subsection (d) if the individual's actual or alleged act,
18 error, or omission was:
19 (1) intentional misconduct; or
20 (2) willful or wanton misconduct.
21 (f) Subject to subsection (g), the compact commission shall
22 indemnify and hold harmless any member, officer, executive
23 director, employee, and representative of the compact commission
24 for the amount of any settlement or judgment obtained against that
25 person arising out of any actual or alleged act, error, or omission:
26 (1) that occurred within the scope of compact commission
27 employment, duties, or responsibilities; or
28 (2) that the person had a reasonable basis for believing
29 occurred within the scope of compact commission
30 employment, duties, or responsibilities.
31 (g) The commission is not required to indemnify and hold
32 harmless a person described in subsection (f) if the actual or
33 alleged act, error, or omission was:
34 (1) intentional misconduct; or
35 (2) willful or wanton misconduct.
36 (h) This compact does not limit the liability of any licensee for
37 professional malpractice or misconduct, which is governed solely
38 by any other applicable state laws.
39 (i) This compact does not waive or otherwise abrogate a
40 member state's state action immunity or state action affirmative
41 defense with respect to antitrust claims under the Sherman Act,
42 Clayton Act, or any other state or federal antitrust or
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1 anticompetitive law or regulation.
2 (j) This compact is not a waiver of sovereign immunity by the
3 member states or by the compact commission.
4 Chapter 9. Data System
5 Sec. 1. The compact commission shall provide for the
6 development, maintenance, operation, and utilization of a
7 coordinated data system.
8 Sec. 2. The compact commission shall assign each applicant for
9 a compact privilege a unique identifier, as determined by the rules.
10 Sec. 3. Notwithstanding any other provision of state law to the
11 contrary, a member state shall submit a uniform data set to the
12 data system on all individuals to whom this compact is applicable
13 as required by the rules of the compact commission, including:
14 (1) identifying information;
15 (2) licensure data;
16 (3) adverse actions against a license or compact privilege and
17 any related information;
18 (4) nonconfidential information related to alternative
19 program participation, the beginning and ending dates of the
20 participation, and other information related to the
21 participation not made confidential under member state law;
22 (5) any denial of application for licensure, and the reason for
23 the denial;
24 (6) the presence of current significant investigative
25 information; and
26 (7) other information that may facilitate the administration of
27 this compact or the protection of the public, as determined by
28 the rules of the compact commission.
29 Sec. 4. The records and information provided to a member state
30 under this compact or through the data system, when certified by
31 the compact commission or an agent thereof, constitute the
32 authenticated business records of the compact commission, and are
33 entitled to any associated hearsay exception in any relevant
34 judicial, quasi-judicial, or administrative proceedings in a member
35 state.
36 Sec. 5. (a) Current significant investigative information
37 pertaining to a licensee in any member state will be available only
38 to other member states.
39 (b) It is the responsibility of the member states to:
40 (1) report any adverse action against a licensee; and
41 (2) monitor the data system to determine whether any adverse
42 action has been taken against a licensee.
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1 Adverse action information pertaining to a licensee in any member
2 state will be available to any other member state.
3 Sec. 6. (a) Member states contributing information to the data
4 system may designate information that may not be shared with the
5 public without the express permission of the contributing state.
6 (b) The compact commission shall remove from the data system
7 any information submitted to the data system that is subsequently
8 expunged under federal law or the laws of the member state
9 contributing the information.
10 Chapter 10. Rulemaking
11 Sec. 1. (a) The compact commission shall promulgate reasonable
12 rules to effectively and efficiently implement and administer the
13 purposes and provisions of the compact. A rule is invalid and has
14 no force or effect only if a court of competent jurisdiction holds
15 that the rule is invalid because the compact commission exercised
16 its rulemaking authority in a manner that is:
17 (1) beyond the scope and purposes of the compact;
18 (2) beyond the powers granted by the compact; or
19 (3) based on another applicable standard of review.
20 (b) The rules of the compact commission have the force of law
21 in each member state. However, where the rules conflict with the
22 laws or regulations of a member state that relate to the procedures,
23 actions, and processes a licensed dietitian is permitted to undertake
24 in that state and the circumstances under which they may do so, as
25 held by a court of competent jurisdiction, the rules of the compact
26 commission are ineffective in that state to the extent of the conflict.
27 (c) The compact commission shall exercise its rulemaking
28 powers according to the criteria set forth in this chapter and the
29 rules adopted thereunder. Rules are binding on:
30 (1) the day following adoption; or
31 (2) the date specified in the rule or amendment;
32 whichever is later.
33 (d) If a majority of the legislatures of the member states rejects
34 a rule or portion of a rule, by enactment of a statute or resolution
35 in the same manner used to adopt the compact within four (4)
36 years of the date of adoption of the rule, then the rule has no
37 further force and effect in any member state.
38 (e) Rules are adopted at a regular or special meeting of the
39 compact commission.
40 Sec. 2. (a) Before adoption of a proposed rule, the compact
41 commission shall:
42 (1) hold a public hearing and allow persons to provide oral
2025 IN 375—LS 6951/DI 148 20
1 and written comments, data, facts, opinions, and arguments;
2 and
3 (2) provide at least thirty (30) days in advance of the meeting
4 at which the compact commission will hold a public hearing
5 on the proposed rule, a notice of proposed rulemaking:
6 (A) on the website of the compact commission or other
7 publicly accessible platform;
8 (B) to persons who have requested notice of the compact
9 commission's notices of proposed rulemaking; and
10 (C) in any other way as the compact commission may by
11 rule specify.
12 (b) The compact commission shall include in the notice of
13 proposed rulemaking the following:
14 (1) The time, date, and location of the public hearing at which
15 the compact commission will hear public comments on the
16 proposed rule and, if different, the time, date, and location of
17 the meeting where the compact commission will consider and
18 vote on the proposed rule.
19 (2) If the hearing is held via telecommunication, video
20 conference, or other means of communication, the compact
21 commission shall include the mechanism for access to the
22 hearing in the notice of proposed rulemaking.
23 (3) The text of the proposed rule and the reason therefore.
24 (4) A request for comments on the proposed rule from any
25 interested person.
26 (5) The manner in which interested persons may submit
27 written comments.
28 (c) All hearings are recorded. A copy of the recording and all
29 written comments and documents received by the compact
30 commission in response to the proposed rule are available to the
31 public.
32 (d) This section does not require a separate hearing on each
33 rule. Rules may be grouped for the convenience of the compact
34 commission at hearings required by this section.
35 (e) The compact commission shall, by majority vote of all
36 members, take final action on the proposed rule based on the
37 rulemaking record and the full text of the rule.
38 (f) The compact commission:
39 (1) may adopt changes to the proposed rule if the changes do
40 not enlarge the original purpose of the proposed rule; and
41 (2) shall:
42 (A) provide an explanation of the reasons for:
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1 (i) substantive changes made to the proposed rule; and
2 (ii) substantive changes not made that were
3 recommended by commenters; and
4 (B) determine a reasonable effective date for the rule.
5 Except for an emergency as provided in section 3 of this
6 chapter, the effective date of the rule must be not sooner
7 than thirty (30) days after issuing the notice that it adopted
8 or amended the rule.
9 Sec. 3. Upon determination that an emergency exists, the
10 compact commission may consider and adopt an emergency rule
11 with twenty-four (24) hours notice, with opportunity to comment,
12 if the usual rulemaking procedures provided in the compact and in
13 this section are retroactively applied to the rule as soon as
14 reasonably possible, in no event later than ninety (90) days after
15 the effective date of the rule. For the purposes of this section, an
16 emergency rule is one that must be adopted immediately in order
17 to:
18 (1) meet an imminent threat to public health, safety, or
19 welfare;
20 (2) prevent a loss of compact commission or member state
21 funds;
22 (3) meet a deadline for the promulgation of a rule that is
23 established by federal law or rule; or
24 (4) protect public health and safety.
25 Sec. 4. (a) The compact commission or an authorized committee
26 of the compact commission may direct revision to a previously
27 adopted rule for purposes of correcting typographical errors,
28 errors in format, errors in consistency, or grammatical errors.
29 (b) Public notice of any revision must be posted on the compact
30 commission's website.
31 (c) A revision under this section is subject to challenge by any
32 person for a period of thirty (30) days after posting.
33 (d) The revision may be challenged only on grounds that the
34 revision results in a material change to a rule.
35 (e) A challenge must be:
36 (1) made in writing; and
37 (2) delivered to the compact commission before the end of the
38 notice period.
39 (f) If no challenge is made, the revision takes effect without
40 further action.
41 (g) If the revision is challenged, the revision does not take effect
42 unless the compact commission approves the revision.
2025 IN 375—LS 6951/DI 148 22
1 Sec. 5. A member state's rulemaking requirements do not apply
2 under this compact.
3 Chapter 11. Oversight, Dispute Resolution, and Enforcement
4 Sec. 1. The executive and judicial branches of state government
5 in each member state shall enforce this compact and take all
6 actions necessary and appropriate to implement this compact.
7 Sec. 2. (a) Except as otherwise provided in this compact, venue
8 is proper and judicial proceedings by or against the compact
9 commission must be brought solely and exclusively in a court of
10 competent jurisdiction where the principal office of the compact
11 commission is located.
12 (b) The compact commission may waive venue and
13 jurisdictional defenses to the extent it adopts or consents to
14 participate in alternative dispute resolution proceedings.
15 (c) This section does not affect or limit the selection or propriety
16 of venue in any action against a licensee for professional
17 malpractice, misconduct, or any similar matter.
18 Sec. 3. (a) The compact commission:
19 (1) is entitled to receive service of process in any proceeding
20 regarding the enforcement or interpretation of the compact;
21 and
22 (2) has standing to intervene in the proceeding for all
23 purposes.
24 (b) Failure to provide the compact commission service of
25 process renders a judgment or order void as to the compact
26 commission, this compact, or promulgated rules.
27 Sec. 4. (a) If the compact commission determines that a member
28 state has defaulted in the performance of its obligations or
29 responsibilities under this compact or the promulgated rules, the
30 compact commission shall provide written notice to the defaulting
31 state. The notice of default must:
32 (1) describe the default, the proposed means of curing the
33 default, and any other action that the compact commission
34 may take; and
35 (2) offer training and specific technical assistance regarding
36 the default.
37 (b) The compact commission shall provide a copy of the notice
38 of default to the other member states.
39 (c) If a state in default fails to cure the default, the defaulting
40 state may be terminated from the compact upon an affirmative
41 vote of a majority of the delegates of the member states, and all
42 rights, privileges, and benefits conferred on the defaulting state by
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1 this compact may be terminated on the effective date of
2 termination. A cure of the default does not relieve the offending
3 state of obligations or liabilities incurred during the period of
4 default.
5 (d) Termination of membership in the compact shall be imposed
6 only after all other means of securing compliance have been
7 exhausted. The compact commission shall give notice of intent to
8 suspend or terminate to:
9 (1) the governor;
10 (2) the majority and minority leaders of the defaulting state's
11 legislature;
12 (3) the defaulting state's licensing authority; and
13 (4) each member state's licensing authority.
14 (e) A state that has been terminated is responsible for all
15 assessments, obligations, and liabilities incurred through the
16 effective date of termination, including obligations that extend
17 beyond the effective date of termination.
18 (f) If a state's membership from this compact is terminated, that
19 state shall:
20 (1) immediately provide notice to all licensees within that state
21 of the termination; and
22 (2) continue to recognize all compact privileges granted under
23 this compact for a minimum of six (6) months after the date
24 of the notice of termination.
25 (g) The compact commission shall not bear any costs related to
26 a state that is found to be in default or that has been terminated
27 from the compact, unless agreed upon in writing between the
28 compact commission and the defaulting state.
29 (h) The defaulting state may appeal the action of the compact
30 commission by petitioning the United States District Court for the
31 District of Columbia or the federal district where the compact
32 commission has its principal offices. The prevailing party shall be
33 awarded all costs of the litigation, including reasonable attorney's
34 fees.
35 Sec. 5. (a) Upon request by a member state, the compact
36 commission shall attempt to resolve disputes related to the compact
37 that arise among member states and between member and
38 nonmember states.
39 (b) The compact commission shall promulgate a rule providing
40 for both mediation and binding dispute resolution for disputes as
41 appropriate.
42 Sec. 6. (a) By supermajority vote, the compact commission may
2025 IN 375—LS 6951/DI 148 24
1 initiate legal action against a member state in default in the United
2 States District Court for the District of Columbia or the federal
3 district where the compact commission has its principal offices to
4 enforce compliance with the provisions of the compact and its
5 promulgated rules. The relief sought may include both injunctive
6 relief and damages. In the event judicial enforcement is necessary,
7 the prevailing party shall be awarded all costs of the litigation,
8 including reasonable attorney's fees. The remedies under this
9 subsection are not the exclusive remedies of the compact
10 commission. The compact commission may pursue any other
11 remedies available under federal or the defaulting member state's
12 law.
13 (b) A member state may initiate legal action against the compact
14 commission in the United States District Court for the District of
15 Columbia or the federal district where the compact commission
16 has its principal offices to enforce compliance with the provisions
17 of the compact and its promulgated rules. The relief sought may
18 include both injunctive relief and damages. In the event judicial
19 enforcement is necessary, the prevailing party shall be awarded all
20 costs of the litigation, including reasonable attorney's fees.
21 (c) Only a member state may enforce this compact against the
22 compact commission.
23 Chapter 12. Effective Date, Withdrawal, and Amendment
24 Sec. 1. (a) The compact comes into effect on the date on which
25 the compact statute is enacted into law in the seventh member
26 state.
27 (b) On or after the effective date of the compact, the compact
28 commission shall convene and review the enactment of each of the
29 first seven (7) member states (charter member states) to determine
30 if the statute enacted by each charter member state is materially
31 different than the model compact statute.
32 (c) A charter member state whose enactment is found to be
33 materially different from the model compact statute is entitled to
34 the default process set forth in IC 25-14.7-11.
35 (d) If any member state is later found to be in default, or is
36 terminated, or withdraws from the compact, the compact
37 commission remains in existence and in effect even if the number
38 of member states should be less than seven (7).
39 Sec. 2. Member states enacting the compact after the seven (7)
40 initial charter member states are subject to review by the compact
41 commission under IC 25-14.7-8-3(21) to determine if their
42 enactments are materially different from the model compact
2025 IN 375—LS 6951/DI 148 25
1 statute and whether they qualify for participation in the compact.
2 Sec. 3. All actions taken for the benefit of the compact
3 commission or in furtherance of the purposes of the administration
4 of the compact before the effective date of the compact or the
5 compact commission coming into existence are considered to be
6 actions of the compact commission unless specifically repudiated
7 by the compact commission.
8 Sec. 4. Any state that joins the compact after the compact
9 commission's initial adoption of the rules and bylaws is subject to
10 the rules and bylaws as they exist on the date on which the compact
11 becomes law in that state. Any rule that has been previously
12 adopted by the compact commission has the full force and effect of
13 law on the day the compact becomes law in that state.
14 Sec. 5. (a) A member state may withdraw from this compact by
15 enacting a statute repealing the compact statute.
16 (b) A member state's withdrawal does not take effect until one
17 hundred eighty (180) days after enactment of the repealing statute.
18 (c) Withdrawal does not affect the continuing requirement of
19 the withdrawing state's licensing authority to comply with the
20 investigative and adverse action reporting requirements of this
21 compact before the effective date of withdrawal.
22 (d) Upon the enactment of a statute withdrawing from this
23 compact, a state shall immediately provide notice of the
24 withdrawal to all licensees within that state.
25 (e) Notwithstanding any subsequent statutory enactment to the
26 contrary, the withdrawing state shall continue to recognize all
27 compact privileges granted under this compact for a minimum of
28 one hundred eighty (180) days after the date of the notice of
29 withdrawal.
30 Sec. 6. This compact does not invalidate or prevent any
31 licensure agreement or other cooperative arrangement between a
32 member state and a nonmember state that does not conflict with
33 the provisions of this compact.
34 Sec. 7. (a) This compact may be amended by the member states.
35 (b) An amendment to this compact is not effective and binding
36 on any member state until it is enacted into the laws of all member
37 states.
38 Chapter 13. Construction and Severability
39 Sec. 1. This compact and the compact commission's rulemaking
40 authority must be liberally construed to effectuate the purposes
41 and the implementation and administration of the compact.
42 Provisions of the compact expressly authorizing or requiring the
2025 IN 375—LS 6951/DI 148 26
1 promulgation of rules do not limit the compact commission's
2 rulemaking authority solely for those purposes.
3 Sec. 2. The provisions of this compact are severable, and if:
4 (1) any phrase, clause, sentence, or provision of this compact
5 is held to be contrary to the constitution of any member state,
6 a state seeking participation in the compact, or of the United
7 States; or
8 (2) the applicability thereof to any government, agency,
9 person, or circumstance is held to be unconstitutional;
10 by a court of competent jurisdiction, the validity of the remainder
11 of this compact and the applicability to any other government,
12 agency, person, or circumstance remains valid.
13 Sec. 3. Notwithstanding section 2 of this chapter, the compact
14 commission may deny a state's participation in the compact or,
15 according to the requirements of IC 25-14.7-11-4, terminate a
16 member state's participation in the compact, if it determines that
17 a constitutional requirement of a member state is a material
18 departure from the compact. Otherwise, if this compact is held to
19 be contrary to the constitution of any member state, the compact
20 remains in full force and effect as to the remaining member states
21 and in full force and effect as to the member state affected as to all
22 severable matters.
23 Chapter 14. Consistent Effect and Conflict with Other State
24 Laws
25 Sec. 1. This compact does not prevent or inhibit the enforcement
26 of any other law of a member state that is not inconsistent with the
27 compact.
28 Sec. 2. Any laws in a member state that conflict with the
29 compact are superseded to the extent of the conflict.
30 Sec. 3. All permissible agreements between the compact
31 commission and the member states are binding according to their
32 terms.
33 SECTION 2. IC 34-30-2.1-367.7 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 367.7. IC 25-14.7-8-7 (Concerning
36 the members, officers, executive director, employees, and
37 representatives of the dietitian licensure compact commission).
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