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Mississippi Senate Bill SB2665

Mississippi 2025 Regular Session

Mississippi Senate Bill SB2665 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Tate Senate Bill 2665 AN ACT TO ENACT INTO LAW THE DIETITIAN LICENSURE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-10-3, 73-10-7, AND 73-10-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The Dietitian Licensure Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms, in the form substantially as follows: Dietitian Licensure Compact Section 1: PURPOSE The purpose of this Compact is to facilitate interstate Practice of Dietetics with the goal of improving public access to dietetics services. This Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure, while also providing for licensure portability through a Compact Privilege granted to qualifying professionals. This Compact is designed to achieve the following objectives: A. Increase public access to dietetics services; B. Provide opportunities for interstate practice by Licensed Dietitians who meet uniform requirements; C. Eliminate the necessity for Licenses in multiple States; D. Reduce administrative burden on Member States and Licensees; E. Enhance the States' ability to protect the public's health and safety; F. Encourage the cooperation of Member States in regulating multistate practice of Licensed Dietitians; G. Support relocating Active Military Members and their spouses; H. Enhance the exchange of licensure, investigative, and disciplinary information among Member States; and I. Vest all Member States with the authority to hold a Licensed Dietitian accountable for meeting all State practice laws in the State in which the patient is located at the time care is rendered. Section 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply: A. "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization. B. "Active Military Member" means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve. C. "Adverse Action" means any administrative, civil, equitable or criminal action permitted by a State's laws which is imposed by a Licensing Authority or other authority against a Licensee, including actions against an individual's License or Compact Privilege such as revocation, suspension, probation, monitoring of the Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure affecting a Licensee's authorization to practice, including issuance of a cease and desist action. D. "Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Licensing Authority. E. "Charter Member State" means any Member State which enacted this Compact by law before the Effective Date specified in Section 12. F. "Continuing Education" means a requirement, as a condition of License renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work. G. "CDR" means the Commission on Dietetic Registration or its successor organization. H. "Compact Commission" means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 8, and which shall operate as an instrumentality of the Member States. I. "Compact Privilege" means a legal authorization, which is equivalent to a License, permitting the Practice of Dietetics in a Remote State. J. "Current Significant Investigative Information" means: 1. Investigative Information that a Licensing Authority, after a preliminary inquiry that includes notification and an opportunity for the subject Licensee to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative Information that indicates that the subject Licensee represents an immediate threat to public health and safety regardless of whether the subject Licensee has been notified and had an opportunity to respond. K. "Data System" means a repository of information about Licensees, including, but not limited to, Continuing Education, examination, licensure, investigative, Compact Privilege and Adverse Action information. L. "Encumbered License" means a License in which an Adverse Action restricts a Licensee's ability to practice dietetics. M. "Encumbrance" means a revocation or suspension of, or any limitation on a Licensee's full and unrestricted Practice of Dietetics by a Licensing Authority. N. "Executive Committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this Compact, and the Compact Commission. O. "Home State" means the Member State that is the Licensee's primary State of residence or that has been designated pursuant to Section 6. P. "Investigative Information" means information, records, and documents received or generated by a Licensing Authority pursuant to an investigation. Q. "Jurisprudence Requirement" means an assessment of an individual's knowledge of the State laws and regulations governing the Practice of Dietetics in such State. R. "License" means an authorization from a Member State to either: 1. Engage in the Practice of Dietetics (including medical nutrition therapy); or 2. Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified dietitian," or other title describing a substantially similar practitioner as the Compact Commission may further define by Rule. S. "Licensee" or "Licensed Dietitian" means an individual who currently holds a License and who meets all of the requirements outlined in Section 4. T. "Licensing Authority" means the board or agency of a State, or equivalent, that is responsible for the licensing and regulation of the Practice of Dietetics. U. "Member State" means a State that has enacted the Compact. V. "Practice of Dietetics" means the synthesis and application of dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness. W. "Registered Dietitian" means a person who: 1. Has completed applicable education, experience, examination, and recertification requirements approved by CDR; 2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and 3. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations "RD" or "RDN." X. "Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise a Compact Privilege. Y. "Rule" means a regulation promulgated by the Compact Commission that has the force of law. Z. "Single State License" means a License issued by a Member State within the issuing State and does not include a Compact Privilege in any other Member State. AA. "State" means any state, commonwealth, district, or territory of the United States of America. BB. "Unencumbered License" means a License that authorizes a Licensee to engage in the full and unrestricted Practice of Dietetics. Section 3. STATE PARTICIPATION IN THE COMPACT A. To participate in the Compact, a State must currently: 1. License and regulate the Practice of Dietetics; and 2. Have a mechanism in place for receiving and investigating complaints about Licensees. B. A Member State shall: 1. Participate fully in the Compact Commission's Data System, including using the unique identifier as defined in Rules; 2. Notify the Compact Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee; 3. Implement or utilize procedures for considering the criminal history record information of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records; a. A Member State must fully implement a criminal history record information requirement, within a time frame established by Rule, which includes receiving the results of the Federal Bureau of Investigation record search and shall use those results in determining Compact Privilege eligibility. b. Communication between a Member State and the Compact Commission or among Member States regarding the verification of eligibility for a Compact Privilege shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal history record information check performed by a Member State. 4. Comply with and enforce the Rules of the Compact Commission; 5. Require an applicant for a Compact Privilege to obtain or retain a License in the Licensee's Home State and meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable State laws; and 6. Recognize a Compact Privilege granted to a Licensee who meets all of the requirements outlined in Section 4 in accordance with the terms of the Compact and Rules. C. Member States may set and collect a fee for granting a Compact Privilege. D. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Compact Privilege to engage in the Practice of Dietetics in any other Member State. E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License. F. At no point shall the Compact Commission have the power to define the requirements for the issuance of a Single State License to practice dietetics. The Member States shall retain sole jurisdiction over the provision of these requirements. Section 4. COMPACT PRIVILEGE A. To exercise the Compact Privilege under the terms and provisions of the Compact, the Licensee shall: 1. Satisfy one of the following: a. Hold a valid current registration that gives the applicant the right to use the term Registered Dietitian; or b. Complete all of the following: i. An education program which is either: a) A master's degree or doctoral degree that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the Compact Commission may by Rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education. b) An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph (a) that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the Compact Commission may by Rule determine. ii. A planned, documented, supervised practice experience in dietetics that is programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency recognized by the United States Department of Education which the Compact Commission may by Rule determine and which involves at least 1000 hours of practice experience under the supervision of a Registered Dietitian or a Licensed Dietitian. iii. Successful completion of either: (i) the Registration Examination for Dietitians administered by CDR, or (ii) a national credentialing examination for dietitians approved by the Compact Commission by Rule; such completion being no more than five years prior to the date of the Licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the Rules of the Compact Commission. 2. Hold an Unencumbered License in the Home State; 3. Notify the Compact Commission that the Licensee is seeking a Compact Privilege within a Remote State(s); 4. Pay any applicable fees, including any State fee, for the Compact Privilege; 5. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Compact Privilege; and 6. Report to the Compact Commission any Adverse Action, Encumbrance, or restriction on a License taken by any non-Member State within 30 days from the date the action is taken. B. The Compact Privilege is valid until the expiration date of the Home State License. To maintain a Compact Privilege, renewal of the Compact Privilege shall be congruent with the renewal of the Home State License as the Compact Commission may define by Rule. The Licensee must comply with the requirements of Section 4(A) to maintain the Compact Privilege in the Remote State(s). C. A Licensee exercising a Compact Privilege shall adhere to the laws and regulations of the Remote State. Licensees shall be responsible for educating themselves on, and complying with, any and all State laws relating to the Practice of Dietetics in such Remote State. D. Notwithstanding anything to the contrary provided in this Compact or State law, a Licensee exercising a Compact Privilege shall not be required to complete Continuing Education Requirements required by a Remote State. A Licensee exercising a Compact Privilege is only required to meet any Continuing Education Requirements as required by the Home State. Section 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE A. A Licensee may hold a Home State License, which allows for a Compact Privilege in other Member States, in only one Member State at a time. B. If a Licensee changes Home State by moving between two Member States: 1. The Licensee shall file an application for obtaining a new Home State License based on a Compact Privilege, pay all applicable fees, and notify the current and new Home State in accordance with the Rules of the Compact Commission. 2. Upon receipt of an application for obtaining a new Home State License by virtue of a Compact Privilege, the new Home State shall verify that the Licensee meets the criteria in Section 4 via the Data System, and require that the Licensee complete the following: a. Federal Bureau of Investigation fingerprint based criminal history record information check; b. Any other criminal history record information required by the new Home State; and c. Any Jurisprudence Requirements of the new Home State. 3. The former Home State shall convert the former Home State License into a Compact Privilege once the new Home State has activated the new Home State License in accordance with applicable Rules adopted by the Compact Commission. 4. Notwithstanding any other provision of this Compact, if the Licensee cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License. 5. The Licensee shall pay all applicable fees to the new Home State in order to be issued a new Home State License. C. If a Licensee changes their State of residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State. D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States; however, for the purposes of this Compact, a Licensee shall have only one Home State License. E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License. Section 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES An Active Military Member, or their spouse, shall designate a Home State where the individual has a current License in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Section 7. ADVERSE ACTIONS A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to: 1. Take Adverse Action against a Licensee's Compact Privilege within that Member State; and 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located. B. Only the Home State shall have the power to take Adverse Action against a Licensee's Home State License. C. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action. D. The Home State shall complete any pending investigations of a Licensee who changes Home States during the course of the investigations. The Home State shall also have authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the Data System shall promptly notify the new Home State of any Adverse Actions. E. A Member State, if otherwise permitted by State law, may recover from the affected Licensee the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensee. F. A Member State may take Adverse Action based on the factual findings of another Remote State, provided that the Member State follows its own procedures for taking the Adverse Action. G. Joint Investigations: 1. In addition to the authority granted to a Member State by its respective State law, any Member State may participate with other Member States in joint investigations of Licensees. 2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the Compact. H. If Adverse Action is taken by the Home State against a Licensee's Home State License resulting in an Encumbrance on the Home State License, the Licensee's Compact Privilege(s) in all other Member States shall be revoked until all Encumbrances have been removed from the Home State License. All Home State disciplinary orders that impose Adverse Action against a Licensee shall include a statement that the Licensee's Compact Privileges are revoked in all Member States during the pendency of the order. I. Once an Encumbered License in the Home State is restored to an Unencumbered License (as certified by the Home State's Licensing Authority), the Licensee must meet the requirements of Section 4(A) and follow the administrative requirements to reapply to obtain a Compact Privilege in any Remote State. J. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the other Member States State of any Adverse Actions. K. Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu of Adverse Action. Section 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Dietitian Licensure Compact Commission. The Compact Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Compact Commission shall come into existence on or after the effective date of the Compact as set forth in Section 12. B. Membership, Voting, and Meetings 1. Each Member State shall have and be limited to one (1) delegate selected by that Member State's Licensing Authority. 2. The delegate shall be the primary administrator of the Licensing Authority or their designee. 3. The Compact Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits. 4. The Compact Commission may recommend removal or suspension of any delegate from office. 5. A Member State's Licensing Authority shall fill any vacancy of its delegate occurring on the Compact Commission within 60 days of the vacancy. 6. Each delegate shall be entitled to one vote on all matters before the Compact Commission requiring a vote by the delegates. 7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in-person or by telecommunication, video conference, or other means of communication. 8. The Compact Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Compact Commission may meet in person or by telecommunication, video conference, or other means of communication. C. The Compact Commission shall have the following powers: 1. Establish the fiscal year of the Compact Commission; 2. Establish code of conduct and conflict of interest policies; 3. Establish and amend Rules and bylaws; 4. Maintain its financial records in accordance with the bylaws; 5. Meet and take such actions as are consistent with the provisions of this Compact, the Compact Commission's Rules, and the bylaws; 6. Initiate and conclude legal proceedings or actions in the name of the Compact Commission, provided that the standing of any Licensing Authority to sue or be sued under applicable law shall not be affected; 7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Compact Commission, and designate an agent to do so on the Compact Commission's behalf; 8. Purchase and maintain insurance and bonds; 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State; 10. Conduct an annual financial review; 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Compact Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; 12. Assess and collect fees; 13. Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided that at all times the Compact Commission shall avoid any actual or appearance of impropriety or conflict of interest; 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; 16. Establish a budget and make expenditures; 17. Borrow money; 18. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact or the bylaws; 19. Provide and receive information from, and cooperate with, law enforcement agencies; 20. Establish and elect an Executive Committee, including a chair and a vice chair; 21. Determine whether a State's adopted language is materially different from the model compact language such that the State would not qualify for participation in the Compact; and 22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact. D. The Executive Committee 1. The Executive Committee shall have the power to act on behalf of the Compact Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include: a. Oversee the day-to-day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its Rules and bylaws, and other such duties as deemed necessary; b. Recommend to the Compact Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees; c. Ensure Compact administration services are appropriately provided, including by contract; d. Prepare and recommend the budget; e. Maintain financial records on behalf of the Compact Commission; f. Monitor Compact compliance of Member States and provide compliance reports to the Compact Commission; g. Establish additional committees as necessary; h. Exercise the powers and duties of the Compact Commission during the interim between Compact Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Compact Commission by Rule or bylaw; and i. Other duties as provided in the Rules or bylaws of the Compact Commission. 2. The Executive Committee shall be composed of nine members: a. The chair and vice chair of the Compact Commission shall be voting members of the Executive Committee; b. Five voting members from the current membership of the Compact Commission, elected by the Compact Commission; c. One ex-officio, nonvoting member from a recognized professional association representing dietitians; and d. One ex-officio, nonvoting member from a recognized national credentialing organization for dietitians. 3. The Compact Commission may remove any member of the Executive Committee as provided in the Compact Commission's bylaws. 4. The Executive Committee shall meet at least annually. a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public meeting as provided in subsection (F)(2). b. The Executive Committee shall give 30 days' notice of its meetings, posted on the website of the Compact Commission and as determined to provide notice to persons with an interest in the business of the Compact Commission. c. The Executive Committee may hold a special meeting in accordance with subsection (F)(1)(b). E. The Compact Commission shall adopt and provide to the Member States an annual report. F. Meetings of the Compact Commission 1. All meetings shall be open to the public, except that the Compact Commission may meet in a closed, non-public meeting as provided in subsection (F)(2). a. Public notice for all meetings of the full Compact Commission shall begiven in the same manner as required under the rulemaking provisions in Section 10, except that the Compact Commission may hold a special meeting as provided in subsection (F)(1)(b). b. The Compact Commission may hold a special meeting when it must meet to conduct emergency business by giving 24 hours' notice to all Member States, on the Compact Commission's website, and other means as provided in the Compact Commission's Rules. The Compact Commission's legal counsel shall certify that the Compact Commission's need to meet qualifies as an emergency. 2. The Compact Commission or the Executive Committee or other committees of the Compact Commission may convene in a closed, non-public meeting for the Compact Commission or Executive Committee or other committees of the Compact Commission to receive legal advice or to discuss: a. Non-compliance of a Member State with its obligations under the Compact; b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees; c. Current or threatened discipline of a Licensee by the Compact Commission or by a Member State's Licensing Authority; d. Current, threatened, or reasonably anticipated litigation; e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; f. Accusing any person of a crime or formally censuring any person; g. Trade secrets or commercial or financial information that is privileged or confidential; h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; i. Investigative records compiled for law enforcement purposes; j. Information related to any investigative reports prepared by or on behalf of or for use of the Compact Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; k. Matters specifically exempted from disclosure by federal or Member State law; or l. Other matters as specified in the Rules of the Compact Commission. 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. 4. The Compact Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Compact Commission or order of a court of competent jurisdiction. G. Financing of the Compact Commission 1. The Compact Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 2. The Compact Commission may accept any and all appropriate revenue sources as provided in subsection (C)(13). 3. The Compact Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Compact Privilege to cover the cost of the operations and activities of the Compact Commission and its staff, which must, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Compact Commission shall promulgate by Rule. 4. The Compact Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Compact Commission pledge the credit of any of the Member States, except by and with the authority of the Member State. 5. The Compact Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Compact Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Compact Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Compact Commission. H. Qualified Immunity, Defense, and Indemnification 1. The members, officers, executive director, employees and representatives of the Compact Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Compact Commission shall not in any way compromise or limit the immunity granted hereunder. 2. The Compact Commission shall defend any member, officer, executive director, employee, and representative of the Compact Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or as determined by the Compact Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. 3. The Compact Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Compact Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. 4. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws. 5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation. 6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Compact Commission. Section 9. DATA SYSTEM A. The Compact Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System. B. The Compact Commission shall assign each applicant for a Compact Privilege a unique identifier, as determined by the Rules. C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Compact Commission, including: 1. Identifying information; 2. Licensure data; 3. Adverse Actions against a License or Compact Privilege and information related thereto; 4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under Member State law; 5. Any denial of application for licensure, and the reason(s) for such denial; 6. The presence of Current Significant Investigative Information; and 7. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Compact Commission. D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Compact Commission or an agent thereof, shall constitute the authenticated business records of the Compact Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State. E. Current Significant Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States. F. It is the responsibility of the Member States to report any Adverse Action against a Licensee and to monitor the Data System to determine whether any Adverse Action has been taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State. G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State. H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System. Section 10. RULEMAKING A. The Compact Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Compact Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review. B. The Rules of the Compact Commission shall have the force of law in each Member State, provided however that where the Rules conflict with the laws or regulations of a Member State that relate to the procedures, actions, and processes a Licensed Dietitian is permitted to undertake in that State and the circumstances under which they may do so, as held by a court of competent jurisdiction, the Rules of the Compact Commission shall be ineffective in that State to the extent of the conflict. C. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the Rule or amendment, whichever is later. D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State. E. Rules shall be adopted at a regular or special meeting of the Compact Commission. F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. G. Prior to adoption of a proposed Rule by the Compact Commission, and at least thirty (30) days in advance of the meeting at which the Compact Commission will hold a public hearing on the proposed Rule, the Compact Commission shall provide a Notice of Proposed rulemaking: 1. On the website of the Compact Commission or other publicly accessible platform; 2. To persons who have requested notice of the Compact Commission's notices of proposed rulemaking; and 3. In such other way(s) as the Compact Commission may by Rule specify. H. The Notice of Proposed rulemaking shall include: 1. The time, date, and location of the public hearing at which the Compact Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Compact Commission will consider and vote on the proposed Rule; 2. If the hearing is held via telecommunication, video conference, or other means of communication, the Compact Commission shall include the mechanism for access to the hearing in the Notice of Proposed rulemaking; 3. The text of the proposed Rule and the reason therefore; 4. A request for comments on the proposed Rule from any interested person; and 5. The manner in which interested persons may submit written comments. I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Compact Commission in response to the proposed Rule shall be available to the public. J. Nothing in this Section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Compact Commission at hearings required by this Section. K. The Compact Commission shall, by majority vote of all members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule. 1. The Compact Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule. 2. The Compact Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters. 3. The Compact Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Section 10(L), the effective date of the Rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the Rule. L. Upon determination that an emergency exists, the Compact Commission may consider and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety, or welfare; 2. Prevent a loss of Compact Commission or Member State funds; 3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or 4. Protect public health and safety. M. The Compact Commission or an authorized committee of the Compact Commission may direct revision to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the Compact Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Compact Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Compact Commission. N. No Member State's rulemaking requirements shall apply under this Compact. Section 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT A. Oversight 1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement this Compact. 2. Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Compact Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Compact Commission is located. The Compact Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct, or any such similar matter. 3. The Compact Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Compact Commission service of process shall render a judgment or order void as to the Compact Commission, this Compact, or promulgated Rules. B. Default, Technical Assistance, and Termination 1. If the Compact Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Compact Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Compact Commission may take and shall offer training and specific technical assistance regarding the default. 2. The Compact Commission shall provide a copy of the notice of default to the other Member States. C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Compact Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of the Member States' Licensing Authority. E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. F. Upon the termination of a State's membership from this Compact, that State shall immediately provide notice to all Licensees within that State of such termination. The terminated State shall continue to recognize all Compact Privileges granted pursuant to this Compact for a minimum of six months after the date of said notice of termination. G. The Compact Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Compact Commission and the defaulting State. H. The defaulting State may appeal the action of the Compact Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. I. Dispute Resolution 1. Upon request by a Member State, the Compact Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States. 2. The Compact Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate. J. Enforcement 1. By supermajority vote, the Compact Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Compact Commission. The Compact Commission may pursue any other remedies available under federal or the defaulting Member State's law. 2. A Member State may initiate legal action against the Compact Commission in the U.S. District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. 3. No party other than a Member State shall enforce this Compact against the Compact Commission. Section 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State. 1. On or after the effective date of the Compact, the Compact Commission shall convene and review the enactment of each of the first seven Member States ("Charter Member States") to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute. a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 11. b. If any Member State is later found to be in default, or is terminated, or withdraws from the Compact, the Compact Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven. 2. Member States enacting the Compact subsequent to the seven initial Charter Member States shall be subject to the process set forth in Section 8(C)(21) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact. 3. All actions taken for the benefit of the Compact Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Compact Commission coming into existence shall be considered to be actions of the Compact Commission unless specifically repudiated by the Compact Commission. 4. Any State that joins the Compact subsequent to the Compact Commission's initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Compact Commission shall have the full force and effect of law on the day the Compact becomes law in that State. B. Any Member State may withdraw from this Compact by enacting a statute repealing the same. 1. A Member State's withdrawal shall not take effect until 180 days after enactment of the repealing statute. 2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal. 3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all Compact Privileges granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal. C. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact. D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States. Section 13. CONSTRUCTION AND SEVERABILITY A. This Compact and the Compact Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Compact Commission's rulemaking authority solely for those purposes. B. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. C. Notwithstanding Section 13(B), the Compact Commission may deny a State's participation in the Compact or, in accordance with the requirements of Section 11(B), terminate a Member State's participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters. Section 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact. B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict. C. All permissible agreements between the Compact Commission and the Member States are binding in accordance with their terms. SECTION 2. Section 73-10-3, Mississippi Code of 1972, is amended as follows: 73-10-3. (1) For the purposes of this chapter the following terms shall have the meanings set forth herein: (a) "Advisory council" means the Mississippi Council of Advisors in Dietetics established in this chapter. (b) "Board" means the Mississippi State Board of Health. (c) "Association" means the American Dietetic Association (ADA). (d) "Mississippi association" means the Mississippi Dietetic Association, an affiliate of the American Dietetic Association. (e) "Commission on Dietetic Registration" (CDR) means the Commission on Dietetic Registration that is a member of the National Commission for Health Certifying Agencies. (f) "Degree" means a degree received from a college or university that was accredited through the Council on Postsecondary Accreditation and the United States Department of Education at the time the degree was conferred. (g) "Registered dietitian" means a person registered by the Commission on Dietetic Registration. (h) "Licensed dietitian" means a person who is licensed under this chapter or holds a compact privilege. (i) "Provisionally licensed dietitian" means a person provisionally licensed under this chapter. (j) "Dietetics practice" means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain people's health. Dietetics practice includes, but is not limited to: (i) Providing medical nutrition therapy. (ii) Development, administration, evaluation and consultation regarding nutritional care standards of quality in food services and medical nutrition therapy. (iii) Providing case management services. (k) "Medical nutrition therapy" is a nutritional diagnostic therapy and counseling services for the purpose of disease management. It means the assessment of the nutritional status of patients with a condition, illness or injury that appropriately requires medical nutrition therapy as part of the treatment. The assessment includes review and analysis of medical and diet history, blood chemistry lab values and anthropometric measurements to determine nutritional status and treatment modalities. Therapy ranges from diet modification and nutrition counseling to administration of specialized nutrition therapies such as intravenous medical nutritional products as determined necessary to manage a condition or treat illness or injury. (l) "Diet modification and nutrition counseling" means intervention and advice in assisting individuals or groups in the development of personal diet plans to achieve appropriate nutritional intake. To develop the diet plan, the dietitian integrates information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status. (m) "Specialized nutrition therapies" mean medical foods, enteral nutrition delivered via tube, or parenteral nutrition delivered by intravenous infusion. (n) "Nutrition educator" shall mean one who communicates scientific nutrition information to individuals and/or groups and who provides information on food sources of nutrients to meet normal nutrition need based on the most current "Recommended Dietary Allowances" of the Food and Nutrition Board, National Academy of Sciences, National Research Council. (o) "Dietitian" means one engaged in dietetics practice, medical nutrition therapy or nutrition education. The terms dietitian or dietician are used interchangeably in this chapter. (p) "Direct, technical supervision" means the direct, technical supervision by a licensed dietitian, as prescribed in regulations by the board, of the dietetics practice or medical nutrition therapy provided to an individual and/or group by a provisionally licensed dietitian. (q) "Department" means the Mississippi State Department of Health. (2) All other terms shall have their commonly ascribed definitions unless some other meaning is clearly intended from its context. SECTION 3. Section 73-10-7, Mississippi Code of 1972, is amended as follows: 73-10-7. It shall be unlawful for any person, corporation or association to, in any manner, represent himself or itself as a dietitian or nutritionist, send out billings as providing services covered in Section 73-10-3(j), or use in connection with his or its name, the titles "dietitian," "dietician" or "nutritionist" or use the letters "LD," "LN" or any other facsimile thereof when he or she is not licensed in accordance with the provisions of this chapter, holds a compact privilege or meets the exemptions in paragraph (c) of Section 73-10-13. Notwithstanding any other provision of this chapter, a dietitian registered by the Commission on Dietetic Registration (CDR) shall have the right to use the title "Registered Dietitian" and the designation "R.D." Registered dietitians shall be licensed according to the provisions of this chapter to practice dietetics or provide medical nutrition therapy. SECTION 4. Section 73-10-15, Mississippi Code of 1972, is amended as follows: 73-10-15. (1) Besides those who hold a compact privilege, a nonresident dietitian may practice dietetics in Mississippi for five (5) days per year with current other state's licensure or with current registration with the Commission on Dietetics Registration. (2) The board may waive the prescribed examination for licensure and grant a license to any person who shall present proof of current licensure as a dietitian in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the advisory council to be greater than or equal to the requirements for licensure of this chapter, if such state or territory extends reciprocity to licensees of the State of Mississippi. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable. SECTION 5. This act shall take effect and be in force from and after July 1, 2025.
22
33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Public Health and Welfare
88
99 By: Senator(s) Tate
1010
1111 # Senate Bill 2665
1212
1313 AN ACT TO ENACT INTO LAW THE DIETITIAN LICENSURE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-10-3, 73-10-7, AND 73-10-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. The Dietitian Licensure Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms, in the form substantially as follows:
1818
1919 Dietitian Licensure Compact
2020
2121 Section 1: PURPOSE
2222
2323 The purpose of this Compact is to facilitate interstate Practice of Dietetics with the goal of improving public access to dietetics services. This Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure, while also providing for licensure portability through a Compact Privilege granted to qualifying professionals.
2424
2525 This Compact is designed to achieve the following objectives:
2626
2727 A. Increase public access to dietetics services;
2828
2929 B. Provide opportunities for interstate practice by Licensed Dietitians who meet uniform requirements;
3030
3131 C. Eliminate the necessity for Licenses in multiple States;
3232
3333 D. Reduce administrative burden on Member States and Licensees;
3434
3535 E. Enhance the States' ability to protect the public's health and safety;
3636
3737 F. Encourage the cooperation of Member States in regulating multistate practice of Licensed Dietitians;
3838
3939 G. Support relocating Active Military Members and their spouses;
4040
4141 H. Enhance the exchange of licensure, investigative, and disciplinary information among Member States; and
4242
4343 I. Vest all Member States with the authority to hold a Licensed Dietitian accountable for meeting all State practice laws in the State in which the patient is located at the time care
4444
4545 is rendered.
4646
4747 Section 2. DEFINITIONS
4848
4949 As used in this Compact, and except as otherwise provided, the following definitions shall apply:
5050
5151 A. "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization.
5252
5353 B. "Active Military Member" means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.
5454
5555 C. "Adverse Action" means any administrative, civil, equitable or criminal action permitted by a State's laws which is imposed by a Licensing Authority or other authority against a Licensee, including actions against an individual's License or Compact Privilege such as revocation, suspension, probation, monitoring of the Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure affecting a Licensee's authorization to practice, including issuance of a cease and desist action.
5656
5757 D. "Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Licensing Authority.
5858
5959 E. "Charter Member State" means any Member State which enacted this Compact by law before the Effective Date specified in Section 12.
6060
6161 F. "Continuing Education" means a requirement, as a condition of License renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
6262
6363 G. "CDR" means the Commission on Dietetic Registration or its successor organization.
6464
6565 H. "Compact Commission" means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 8, and which shall operate as an instrumentality of the Member States.
6666
6767 I. "Compact Privilege" means a legal authorization, which is equivalent to a License, permitting the Practice of Dietetics in a Remote State.
6868
6969 J. "Current Significant Investigative Information" means:
7070
7171 1. Investigative Information that a Licensing Authority, after a preliminary inquiry that includes notification and an opportunity for the subject Licensee to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
7272
7373 2. Investigative Information that indicates that the subject Licensee represents an immediate threat to public health and safety regardless of whether the subject Licensee has been notified and had an opportunity to respond.
7474
7575 K. "Data System" means a repository of information about Licensees, including, but not limited to, Continuing Education, examination, licensure, investigative, Compact Privilege and Adverse Action information.
7676
7777 L. "Encumbered License" means a License in which an Adverse Action restricts a Licensee's ability to practice dietetics.
7878
7979 M. "Encumbrance" means a revocation or suspension of, or any limitation on a Licensee's full and unrestricted Practice of Dietetics by a Licensing Authority.
8080
8181 N. "Executive Committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this Compact, and the Compact Commission.
8282
8383 O. "Home State" means the Member State that is the Licensee's primary State of residence or that has been designated pursuant to Section 6.
8484
8585 P. "Investigative Information" means information, records, and documents received or generated by a Licensing Authority pursuant to an investigation.
8686
8787 Q. "Jurisprudence Requirement" means an assessment of an individual's knowledge of the State laws and regulations governing the Practice of Dietetics in such State.
8888
8989 R. "License" means an authorization from a Member State to either:
9090
9191 1. Engage in the Practice of Dietetics (including medical nutrition therapy); or
9292
9393 2. Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified dietitian," or other title describing a substantially similar practitioner as the Compact Commission may further define by Rule.
9494
9595 S. "Licensee" or "Licensed Dietitian" means an individual who currently holds a License and who meets all of the requirements outlined in Section 4.
9696
9797 T. "Licensing Authority" means the board or agency of a State, or equivalent, that is responsible for the licensing and regulation of the Practice of Dietetics.
9898
9999 U. "Member State" means a State that has enacted the Compact.
100100
101101 V. "Practice of Dietetics" means the synthesis and application of dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.
102102
103103 W. "Registered Dietitian" means a person who:
104104
105105 1. Has completed applicable education, experience, examination, and recertification requirements approved by CDR;
106106
107107 2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and
108108
109109 3. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations "RD" or "RDN."
110110
111111 X. "Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise a Compact Privilege.
112112
113113 Y. "Rule" means a regulation promulgated by the Compact Commission that has the force of law.
114114
115115 Z. "Single State License" means a License issued by a Member State within the issuing State and does not include a Compact Privilege in any other Member State.
116116
117117 AA. "State" means any state, commonwealth, district, or territory of the United States of America.
118118
119119 BB. "Unencumbered License" means a License that authorizes a Licensee to engage in the full and unrestricted Practice of Dietetics.
120120
121121 Section 3. STATE PARTICIPATION IN THE COMPACT
122122
123123 A. To participate in the Compact, a State must currently:
124124
125125 1. License and regulate the Practice of Dietetics; and
126126
127127 2. Have a mechanism in place for receiving and investigating complaints about Licensees.
128128
129129 B. A Member State shall:
130130
131131 1. Participate fully in the Compact Commission's Data System, including using the unique identifier as defined in Rules;
132132
133133 2. Notify the Compact Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee;
134134
135135 3. Implement or utilize procedures for considering the criminal history record information of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records;
136136
137137 a. A Member State must fully implement a criminal history record information requirement, within a time frame established by Rule, which includes receiving the results of the Federal Bureau of Investigation record search and shall use those results in determining Compact Privilege eligibility.
138138
139139 b. Communication between a Member State and the Compact Commission or among Member States regarding the verification of eligibility for a Compact Privilege shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal history record information check performed by a Member State.
140140
141141 4. Comply with and enforce the Rules of the Compact Commission;
142142
143143 5. Require an applicant for a Compact Privilege to obtain or retain a License in the Licensee's Home State and meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable State laws; and
144144
145145 6. Recognize a Compact Privilege granted to a Licensee who meets all of the requirements outlined in Section 4 in accordance with the terms of the Compact and Rules.
146146
147147 C. Member States may set and collect a fee for granting a Compact Privilege.
148148
149149 D. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Compact Privilege to engage in the Practice of Dietetics in any other Member State.
150150
151151 E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
152152
153153 F. At no point shall the Compact Commission have the power to define the requirements for the issuance of a Single State License to practice dietetics. The Member States shall retain sole jurisdiction over the provision of these requirements.
154154
155155 Section 4. COMPACT PRIVILEGE
156156
157157 A. To exercise the Compact Privilege under the terms and provisions of the Compact, the Licensee shall:
158158
159159 1. Satisfy one of the following:
160160
161161 a. Hold a valid current registration that gives the applicant the right to use the term Registered Dietitian; or
162162
163163 b. Complete all of the following:
164164
165165 i. An education program which is either:
166166
167167 a) A master's degree or doctoral degree that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the Compact Commission may by Rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education.
168168
169169 b) An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph (a) that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the Compact Commission may by Rule determine.
170170
171171 ii. A planned, documented, supervised practice experience in dietetics that is programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency recognized by the United States Department of Education which the Compact Commission may by Rule determine and which involves at least 1000 hours of practice experience under the supervision of a Registered Dietitian or a Licensed Dietitian.
172172
173173 iii. Successful completion of either: (i) the Registration Examination for Dietitians administered by CDR, or (ii) a national credentialing examination for dietitians approved by the Compact Commission by Rule; such completion being no more than five years prior to the date of the Licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the Rules of the Compact Commission.
174174
175175 2. Hold an Unencumbered License in the Home State;
176176
177177 3. Notify the Compact Commission that the Licensee is seeking a Compact Privilege within a Remote State(s);
178178
179179 4. Pay any applicable fees, including any State fee, for the Compact Privilege;
180180
181181 5. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Compact Privilege; and
182182
183183 6. Report to the Compact Commission any Adverse Action, Encumbrance, or restriction on a License taken by any non-Member State within 30 days from the date the action is taken.
184184
185185 B. The Compact Privilege is valid until the expiration date of the Home State License. To maintain a Compact Privilege, renewal of the Compact Privilege shall be congruent with the renewal of the Home State License as the Compact Commission may define by Rule. The Licensee must comply with the requirements of Section 4(A) to maintain the Compact Privilege in the Remote State(s).
186186
187187 C. A Licensee exercising a Compact Privilege shall adhere to the laws and regulations of the Remote State. Licensees shall be responsible for educating themselves on, and complying with, any and all State laws relating to the Practice of Dietetics in such Remote State.
188188
189189 D. Notwithstanding anything to the contrary provided in this Compact or State law, a Licensee exercising a Compact Privilege shall not be required to complete Continuing Education Requirements required by a Remote State. A Licensee exercising a Compact Privilege is only required to meet any Continuing Education Requirements as required by the Home State.
190190
191191 Section 5: OBTAINING A NEW HOME STATE LICENSE
192192
193193 BASED ON A COMPACT PRIVILEGE
194194
195195 A. A Licensee may hold a Home State License, which allows for a Compact Privilege in other Member States, in only one Member State at a time.
196196
197197 B. If a Licensee changes Home State by moving between two Member States:
198198
199199 1. The Licensee shall file an application for obtaining a new Home State License based on a Compact Privilege, pay all applicable fees, and notify the current and new Home State in accordance with the Rules of the Compact Commission.
200200
201201 2. Upon receipt of an application for obtaining a new Home State License by virtue of a Compact Privilege, the new Home State shall verify that the Licensee meets the criteria in Section 4 via the Data System, and require that the Licensee complete the following:
202202
203203 a. Federal Bureau of Investigation fingerprint based criminal history record information check;
204204
205205 b. Any other criminal history record information required by the new Home State; and
206206
207207 c. Any Jurisprudence Requirements of the new Home State.
208208
209209 3. The former Home State shall convert the former Home State License into a Compact Privilege once the new Home State has activated the new Home State License in accordance with applicable Rules adopted by the Compact Commission.
210210
211211 4. Notwithstanding any other provision of this Compact, if the Licensee cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.
212212
213213 5. The Licensee shall pay all applicable fees to the new Home State in order to be issued a new Home State License.
214214
215215 C. If a Licensee changes their State of residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.
216216
217217 D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States; however, for the purposes of this Compact, a Licensee shall have only one Home State License.
218218
219219 E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
220220
221221 Section 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
222222
223223 An Active Military Member, or their spouse, shall designate a Home State where the individual has a current License in good standing. The individual may retain the Home State designation during the period the service member is on active duty.
224224
225225 Section 7. ADVERSE ACTIONS
226226
227227 A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:
228228
229229 1. Take Adverse Action against a Licensee's Compact Privilege within that Member State; and
230230
231231 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
232232
233233 B. Only the Home State shall have the power to take Adverse Action against a Licensee's Home State License.
234234
235235 C. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.
236236
237237 D. The Home State shall complete any pending investigations of a Licensee who changes Home States during the course of the investigations. The Home State shall also have authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the Data System shall promptly notify the new Home State of any Adverse Actions.
238238
239239 E. A Member State, if otherwise permitted by State law, may recover from the affected Licensee the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensee.
240240
241241 F. A Member State may take Adverse Action based on the factual findings of another Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.
242242
243243 G. Joint Investigations:
244244
245245 1. In addition to the authority granted to a Member State by its respective State law, any Member State may participate with other Member States in joint investigations of Licensees.
246246
247247 2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the Compact.
248248
249249 H. If Adverse Action is taken by the Home State against a Licensee's Home State License resulting in an Encumbrance on the Home State License, the Licensee's Compact Privilege(s) in all other Member States shall be revoked until all Encumbrances have been removed from the Home State License. All Home State disciplinary orders that impose Adverse Action against a Licensee shall include a statement that the Licensee's Compact Privileges are revoked in all Member States during the pendency of the order.
250250
251251 I. Once an Encumbered License in the Home State is restored to an Unencumbered License (as certified by the Home State's Licensing Authority), the Licensee must meet the requirements of Section 4(A) and follow the administrative requirements to reapply to obtain a Compact Privilege in any Remote State.
252252
253253 J. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the other Member States State of any Adverse Actions.
254254
255255 K. Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu of Adverse Action.
256256
257257 Section 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION
258258
259259 A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Dietitian Licensure Compact Commission. The Compact Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Compact Commission shall come into existence on or after the effective date of the Compact as set forth in Section 12.
260260
261261 B. Membership, Voting, and Meetings
262262
263263 1. Each Member State shall have and be limited to one (1) delegate selected by that Member State's Licensing Authority.
264264
265265 2. The delegate shall be the primary administrator of the Licensing Authority or their designee.
266266
267267 3. The Compact Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.
268268
269269 4. The Compact Commission may recommend removal or suspension of any delegate from office.
270270
271271 5. A Member State's Licensing Authority shall fill any vacancy of its delegate occurring on the Compact Commission within 60 days of the vacancy.
272272
273273 6. Each delegate shall be entitled to one vote on all matters before the Compact Commission requiring a vote by the delegates.
274274
275275 7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in-person or by telecommunication, video conference, or other means of communication.
276276
277277 8. The Compact Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Compact Commission may meet in person or by telecommunication, video conference, or other means of communication.
278278
279279 C. The Compact Commission shall have the following powers:
280280
281281 1. Establish the fiscal year of the Compact Commission;
282282
283283 2. Establish code of conduct and conflict of interest policies;
284284
285285 3. Establish and amend Rules and bylaws;
286286
287287 4. Maintain its financial records in accordance with the bylaws;
288288
289289 5. Meet and take such actions as are consistent with the provisions of this Compact, the Compact Commission's Rules, and the bylaws;
290290
291291 6. Initiate and conclude legal proceedings or actions in the name of the Compact Commission, provided that the standing of any Licensing Authority to sue or be sued under applicable law shall not be affected;
292292
293293 7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Compact Commission, and designate an agent to do so on the Compact Commission's behalf;
294294
295295 8. Purchase and maintain insurance and bonds;
296296
297297 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
298298
299299 10. Conduct an annual financial review;
300300
301301 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Compact Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
302302
303303 12. Assess and collect fees;
304304
305305 13. Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided that at all times the Compact Commission shall avoid any actual or appearance of impropriety or conflict of interest;
306306
307307 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
308308
309309 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
310310
311311 16. Establish a budget and make expenditures;
312312
313313 17. Borrow money;
314314
315315 18. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact or the bylaws;
316316
317317 19. Provide and receive information from, and cooperate with, law enforcement agencies;
318318
319319 20. Establish and elect an Executive Committee, including a chair and a vice chair;
320320
321321 21. Determine whether a State's adopted language is materially different from the model compact language such that the State would not qualify for participation in the Compact; and
322322
323323 22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.
324324
325325 D. The Executive Committee
326326
327327 1. The Executive Committee shall have the power to act on behalf of the Compact Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
328328
329329 a. Oversee the day-to-day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its Rules and bylaws, and other such duties as deemed necessary;
330330
331331 b. Recommend to the Compact Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;
332332
333333 c. Ensure Compact administration services are appropriately provided, including by contract;
334334
335335 d. Prepare and recommend the budget;
336336
337337 e. Maintain financial records on behalf of the Compact Commission;
338338
339339 f. Monitor Compact compliance of Member States and provide compliance reports to the Compact Commission;
340340
341341 g. Establish additional committees as necessary;
342342
343343 h. Exercise the powers and duties of the Compact Commission during the interim between Compact Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Compact Commission by Rule or bylaw; and
344344
345345 i. Other duties as provided in the Rules or bylaws of the Compact Commission.
346346
347347 2. The Executive Committee shall be composed of nine members:
348348
349349 a. The chair and vice chair of the Compact Commission shall be voting members of the Executive Committee;
350350
351351 b. Five voting members from the current membership of the Compact Commission, elected by the Compact Commission;
352352
353353 c. One ex-officio, nonvoting member from a recognized professional association representing dietitians; and
354354
355355 d. One ex-officio, nonvoting member from a recognized national credentialing organization for dietitians.
356356
357357 3. The Compact Commission may remove any member of the Executive Committee as provided in the Compact Commission's bylaws.
358358
359359 4. The Executive Committee shall meet at least annually.
360360
361361 a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public meeting as provided in subsection (F)(2).
362362
363363 b. The Executive Committee shall give 30 days' notice of its meetings, posted on the website of the Compact Commission and as determined to provide notice to persons with an interest in the business of the Compact Commission.
364364
365365 c. The Executive Committee may hold a special meeting in accordance with subsection (F)(1)(b).
366366
367367 E. The Compact Commission shall adopt and provide to the Member States an annual report.
368368
369369 F. Meetings of the Compact Commission
370370
371371 1. All meetings shall be open to the public, except that the Compact Commission may meet in a closed, non-public meeting as provided in subsection (F)(2).
372372
373373 a. Public notice for all meetings of the full Compact Commission shall begiven in the same manner as required under the rulemaking provisions in Section 10, except that the Compact Commission may hold a special meeting as provided in subsection (F)(1)(b).
374374
375375 b. The Compact Commission may hold a special meeting when it must meet to conduct emergency business by giving 24 hours' notice to all Member States, on the Compact Commission's website, and other means as provided in the Compact Commission's Rules. The Compact Commission's legal counsel shall certify that the Compact Commission's need to meet qualifies as an emergency.
376376
377377 2. The Compact Commission or the Executive Committee or other committees of the Compact Commission may convene in a closed, non-public meeting for the Compact Commission or Executive Committee or other committees of the Compact Commission to receive legal advice or to discuss:
378378
379379 a. Non-compliance of a Member State with its obligations under the Compact;
380380
381381 b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees;
382382
383383 c. Current or threatened discipline of a Licensee by the Compact Commission or by a Member State's Licensing Authority;
384384
385385 d. Current, threatened, or reasonably anticipated litigation;
386386
387387 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
388388
389389 f. Accusing any person of a crime or formally censuring any person;
390390
391391 g. Trade secrets or commercial or financial information that is privileged or confidential;
392392
393393 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
394394
395395 i. Investigative records compiled for law enforcement purposes;
396396
397397 j. Information related to any investigative reports prepared by or on behalf of or for use of the Compact Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
398398
399399 k. Matters specifically exempted from disclosure by federal or Member State law; or
400400
401401 l. Other matters as specified in the Rules of the Compact Commission.
402402
403403 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
404404
405405 4. The Compact Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Compact Commission or order of a court of competent jurisdiction.
406406
407407 G. Financing of the Compact Commission
408408
409409 1. The Compact Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
410410
411411 2. The Compact Commission may accept any and all appropriate revenue sources as provided in subsection (C)(13).
412412
413413 3. The Compact Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Compact Privilege to cover the cost of the operations and activities of the Compact Commission and its staff, which must, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Compact Commission shall promulgate by Rule.
414414
415415 4. The Compact Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Compact Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
416416
417417 5. The Compact Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Compact Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Compact Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Compact Commission.
418418
419419 H. Qualified Immunity, Defense, and Indemnification
420420
421421 1. The members, officers, executive director, employees and representatives of the Compact Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Compact Commission shall not in any way compromise or limit the immunity granted hereunder.
422422
423423 2. The Compact Commission shall defend any member, officer, executive director, employee, and representative of the Compact Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or as determined by the Compact Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
424424
425425 3. The Compact Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Compact Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Compact Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
426426
427427 4. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
428428
429429 5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
430430
431431 6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Compact Commission.
432432
433433 Section 9. DATA SYSTEM
434434
435435 A. The Compact Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System.
436436
437437 B. The Compact Commission shall assign each applicant for a Compact Privilege a unique identifier, as determined by the Rules.
438438
439439 C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Compact Commission, including:
440440
441441 1. Identifying information;
442442
443443 2. Licensure data;
444444
445445 3. Adverse Actions against a License or Compact Privilege and information related thereto;
446446
447447 4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation
448448
449449 not made confidential under Member State law;
450450
451451 5. Any denial of application for licensure, and the reason(s) for such denial;
452452
453453 6. The presence of Current Significant Investigative Information; and
454454
455455 7. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Compact Commission.
456456
457457 D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Compact Commission or an agent thereof, shall constitute the authenticated business records of the Compact Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State.
458458
459459 E. Current Significant Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
460460
461461 F. It is the responsibility of the Member States to report any Adverse Action against a Licensee and to monitor the Data System to determine whether any Adverse Action has been taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.
462462
463463 G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.
464464
465465 H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
466466
467467 Section 10. RULEMAKING
468468
469469 A. The Compact Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Compact Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.
470470
471471 B. The Rules of the Compact Commission shall have the force of law in each Member State, provided however that where the Rules conflict with the laws or regulations of a Member State that relate to the procedures, actions, and processes a Licensed Dietitian is permitted to undertake in that State and the circumstances under which they may do so, as held by a court of competent jurisdiction, the Rules of the Compact Commission shall be ineffective in that State to the extent of the conflict.
472472
473473 C. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the Rule or amendment, whichever is later.
474474
475475 D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
476476
477477 E. Rules shall be adopted at a regular or special meeting of the Compact Commission.
478478
479479 F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
480480
481481 G. Prior to adoption of a proposed Rule by the Compact Commission, and at least thirty (30) days in advance of the meeting at which the Compact Commission will hold a public hearing on the proposed Rule, the Compact Commission shall provide a Notice of Proposed rulemaking:
482482
483483 1. On the website of the Compact Commission or other publicly accessible platform;
484484
485485 2. To persons who have requested notice of the Compact Commission's notices of proposed rulemaking; and
486486
487487 3. In such other way(s) as the Compact Commission may by Rule specify.
488488
489489 H. The Notice of Proposed rulemaking shall include:
490490
491491 1. The time, date, and location of the public hearing at which the Compact Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Compact Commission will consider and vote on the proposed Rule;
492492
493493 2. If the hearing is held via telecommunication, video conference, or other means of communication, the Compact Commission shall include the mechanism for access to the hearing in the Notice of Proposed rulemaking;
494494
495495 3. The text of the proposed Rule and the reason therefore;
496496
497497 4. A request for comments on the proposed Rule from any interested person; and
498498
499499 5. The manner in which interested persons may submit written comments.
500500
501501 I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Compact Commission in response to the proposed Rule shall be available to the public.
502502
503503 J. Nothing in this Section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Compact Commission at hearings required by this Section.
504504
505505 K. The Compact Commission shall, by majority vote of all members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.
506506
507507 1. The Compact Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
508508
509509 2. The Compact Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
510510
511511 3. The Compact Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in Section 10(L), the effective date of the Rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the Rule.
512512
513513 L. Upon determination that an emergency exists, the Compact Commission may consider and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
514514
515515 1. Meet an imminent threat to public health, safety, or welfare;
516516
517517 2. Prevent a loss of Compact Commission or Member State funds;
518518
519519 3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or
520520
521521 4. Protect public health and safety.
522522
523523 M. The Compact Commission or an authorized committee of the Compact Commission may direct revision to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the Compact Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Compact Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Compact Commission.
524524
525525 N. No Member State's rulemaking requirements shall apply under this Compact.
526526
527527 Section 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
528528
529529 A. Oversight
530530
531531 1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement this Compact.
532532
533533 2. Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Compact Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Compact Commission is located. The Compact Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct, or any such similar matter.
534534
535535 3. The Compact Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Compact Commission service of process shall render a judgment or order void as to the Compact Commission, this Compact, or promulgated Rules.
536536
537537 B. Default, Technical Assistance, and Termination
538538
539539 1. If the Compact Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Compact Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Compact Commission may take and shall offer training and specific technical assistance regarding the default.
540540
541541 2. The Compact Commission shall provide a copy of the notice of default to the other Member States.
542542
543543 C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
544544
545545 D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Compact Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of the Member States' Licensing Authority.
546546
547547 E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
548548
549549 F. Upon the termination of a State's membership from this Compact, that State shall immediately provide notice to all Licensees within that State of such termination. The terminated State shall continue to recognize all Compact Privileges granted pursuant to this Compact for a minimum of six months after the date of said notice of termination.
550550
551551 G. The Compact Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Compact Commission and the defaulting State.
552552
553553 H. The defaulting State may appeal the action of the Compact Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
554554
555555 I. Dispute Resolution
556556
557557 1. Upon request by a Member State, the Compact Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.
558558
559559 2. The Compact Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
560560
561561 J. Enforcement
562562
563563 1. By supermajority vote, the Compact Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Compact Commission. The Compact Commission may pursue any other remedies available under federal or the defaulting Member State's law.
564564
565565 2. A Member State may initiate legal action against the Compact Commission in the U.S. District Court for the District of Columbia or the federal district where the Compact Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
566566
567567 3. No party other than a Member State shall enforce this Compact against the Compact Commission.
568568
569569 Section 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
570570
571571 A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.
572572
573573 1. On or after the effective date of the Compact, the Compact Commission shall convene and review the enactment of each of the first seven Member States ("Charter Member States") to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.
574574
575575 a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 11.
576576
577577 b. If any Member State is later found to be in default, or is terminated, or withdraws from the Compact, the Compact Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven.
578578
579579 2. Member States enacting the Compact subsequent to the seven initial Charter Member States shall be subject to the process set forth in Section 8(C)(21) to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.
580580
581581 3. All actions taken for the benefit of the Compact Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Compact Commission coming into existence shall be considered to be actions of the Compact Commission unless specifically repudiated by the Compact Commission.
582582
583583 4. Any State that joins the Compact subsequent to the Compact Commission's initial adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Compact Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
584584
585585 B. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
586586
587587 1. A Member State's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
588588
589589 2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.
590590
591591 3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all Compact Privileges granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal.
592592
593593 C. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
594594
595595 D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
596596
597597 Section 13. CONSTRUCTION AND SEVERABILITY
598598
599599 A. This Compact and the Compact Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Compact Commission's rulemaking authority solely for those purposes.
600600
601601 B. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
602602
603603 C. Notwithstanding Section 13(B), the Compact Commission may deny a State's participation in the Compact or, in accordance with the requirements of Section 11(B), terminate a Member State's participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
604604
605605 Section 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER
606606
607607 STATE LAWS
608608
609609 A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.
610610
611611 B. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.
612612
613613 C. All permissible agreements between the Compact Commission and the Member States are binding in accordance with their terms.
614614
615615 SECTION 2. Section 73-10-3, Mississippi Code of 1972, is amended as follows:
616616
617617 73-10-3. (1) For the purposes of this chapter the following terms shall have the meanings set forth herein:
618618
619619 (a) "Advisory council" means the Mississippi Council of Advisors in Dietetics established in this chapter.
620620
621621 (b) "Board" means the Mississippi State Board of Health.
622622
623623 (c) "Association" means the American Dietetic Association (ADA).
624624
625625 (d) "Mississippi association" means the Mississippi Dietetic Association, an affiliate of the American Dietetic Association.
626626
627627 (e) "Commission on Dietetic Registration" (CDR) means the Commission on Dietetic Registration that is a member of the National Commission for Health Certifying Agencies.
628628
629629 (f) "Degree" means a degree received from a college or university that was accredited through the Council on Postsecondary Accreditation and the United States Department of Education at the time the degree was conferred.
630630
631631 (g) "Registered dietitian" means a person registered by the Commission on Dietetic Registration.
632632
633633 (h) "Licensed dietitian" means a person who is licensed under this chapter or holds a compact privilege.
634634
635635 (i) "Provisionally licensed dietitian" means a person provisionally licensed under this chapter.
636636
637637 (j) "Dietetics practice" means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain people's health. Dietetics practice includes, but is not limited to:
638638
639639 (i) Providing medical nutrition therapy.
640640
641641 (ii) Development, administration, evaluation and consultation regarding nutritional care standards of quality in food services and medical nutrition therapy.
642642
643643 (iii) Providing case management services.
644644
645645 (k) "Medical nutrition therapy" is a nutritional diagnostic therapy and counseling services for the purpose of disease management. It means the assessment of the nutritional status of patients with a condition, illness or injury that appropriately requires medical nutrition therapy as part of the treatment. The assessment includes review and analysis of medical and diet history, blood chemistry lab values and anthropometric measurements to determine nutritional status and treatment modalities.
646646
647647 Therapy ranges from diet modification and nutrition counseling to administration of specialized nutrition therapies such as intravenous medical nutritional products as determined necessary to manage a condition or treat illness or injury.
648648
649649 (l) "Diet modification and nutrition counseling" means intervention and advice in assisting individuals or groups in the development of personal diet plans to achieve appropriate nutritional intake. To develop the diet plan, the dietitian integrates information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
650650
651651 (m) "Specialized nutrition therapies" mean medical foods, enteral nutrition delivered via tube, or parenteral nutrition delivered by intravenous infusion.
652652
653653 (n) "Nutrition educator" shall mean one who communicates scientific nutrition information to individuals and/or groups and who provides information on food sources of nutrients to meet normal nutrition need based on the most current "Recommended Dietary Allowances" of the Food and Nutrition Board, National Academy of Sciences, National Research Council.
654654
655655 (o) "Dietitian" means one engaged in dietetics practice, medical nutrition therapy or nutrition education. The terms dietitian or dietician are used interchangeably in this chapter.
656656
657657 (p) "Direct, technical supervision" means the direct, technical supervision by a licensed dietitian, as prescribed in regulations by the board, of the dietetics practice or medical nutrition therapy provided to an individual and/or group by a provisionally licensed dietitian.
658658
659659 (q) "Department" means the Mississippi State Department of Health.
660660
661661 (2) All other terms shall have their commonly ascribed definitions unless some other meaning is clearly intended from its context.
662662
663663 SECTION 3. Section 73-10-7, Mississippi Code of 1972, is amended as follows:
664664
665665 73-10-7. It shall be unlawful for any person, corporation or association to, in any manner, represent himself or itself as a dietitian or nutritionist, send out billings as providing services covered in Section 73-10-3(j), or use in connection with his or its name, the titles "dietitian," "dietician" or "nutritionist" or use the letters "LD," "LN" or any other facsimile thereof when he or she is not licensed in accordance with the provisions of this chapter, holds a compact privilege or meets the exemptions in paragraph (c) of Section 73-10-13. Notwithstanding any other provision of this chapter, a dietitian registered by the Commission on Dietetic Registration (CDR) shall have the right to use the title "Registered Dietitian" and the designation "R.D." Registered dietitians shall be licensed according to the provisions of this chapter to practice dietetics or provide medical nutrition therapy.
666666
667667 SECTION 4. Section 73-10-15, Mississippi Code of 1972, is amended as follows:
668668
669669 73-10-15. (1) Besides those who hold a compact privilege, a nonresident dietitian may practice dietetics in Mississippi for five (5) days per year with current other state's licensure or with current registration with the Commission on Dietetics Registration.
670670
671671 (2) The board may waive the prescribed examination for licensure and grant a license to any person who shall present proof of current licensure as a dietitian in another state, the District of Columbia, or territory of the United States which requires standards for licensure considered by the advisory council to be greater than or equal to the requirements for licensure of this chapter, if such state or territory extends reciprocity to licensees of the State of Mississippi. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
672672
673673 SECTION 5. This act shall take effect and be in force from and after July 1, 2025.