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North Dakota Senate Bill SB2223

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2223 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2223
4-(Senators Barta, Axtman, Burckhard)
5-(Representatives Bahl, Frelich)
6-AN ACT to create and enact chapter 43-44.1 of the North Dakota Century Code, relating to adoption of
7-the dietitian licensure compact.
1+25.0824.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Barta, Axtman, Burckhard
7+Representatives Bahl, Frelich
8+A BILL for an Act to create and enact chapter 43-44.1 of the North Dakota Century Code,
9+relating to adoption of the dietitian licensure compact.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. Chapter 43-44.1 of the North Dakota Century Code is created and enacted as follows:
11+SECTION 1. Chapter 43-44.1 of the North Dakota Century Code is created and enacted as
12+follows:
1013 43 - 44.1 - 01. Dietitian licensure compact.
11-The dietitian licensure compact is entered with all states legally joining the compact, in the form
12-substantially as follows:
14+The dietitian licensure compact is entered with all states legally joining the compact, in the
15+form substantially as follows:
1316 ARTICLE I - PURPOSE
14-1.The purpose of this compact is to facilitate interstate practice of dietetics with the goal of
15-improving public access to dietetic services. This compact preserves the regulatory authority
16-of states to protect public health and safety through the current system of state licensure,
17-while also providing for licensure portability through a compact privilege granted to qualifying
18-professionals.
17+1.The purpose of this compact is to facilitate interstate practice of dietetics with the goal
18+of improving public access to dietetic services. This compact preserves the regulatory
19+authority of states to protect public health and safety through the current system of
20+state licensure, while also providing for licensure portability through a compact
21+privilege granted to qualifying professionals.
1922 2.This compact is designed to achieve the following objectives:
2023 a.Increase public access to dietetic services;
21-b.Provide opportunities for interstate practice by licensed dietitians who meet uniform
22-requirements;
24+b.Provide opportunities for interstate practice by licensed dietitians who meet
25+uniform requirements;
2326 c.Eliminate the necessity for licenses in multiple states;
2427 d.Reduce the administrative burden on member states and licensees;
2528 e.Enhance the ability of member states to protect the public's health and safety;
26-f.Encourage the cooperation of member states in regulating the multistate practice of
27-licensed dietitians;
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30+ENGROSSED SENATE BILL NO. 2223
31+FIRST ENGROSSMENT
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54+f.Encourage the cooperation of member states in regulating the multistate practice
55+of licensed dietitians;
2856 g.Support relocating active military members and the member's spouse;
29-h.Enhance the exchange of licensure, investigative, and disciplinary information among
30-member states; and
31-i.Vest all member states with the authority to hold a licensed dietitian accountable for
32-meeting all state practice laws in the state in which the patient is located at the time care
33-is rendered.
57+h.Enhance the exchange of licensure, investigative, and disciplinary information
58+among member states; and
59+i.Vest all member states with the authority to hold a licensed dietitian accountable
60+for meeting all state practice laws in the state in which the patient is located at
61+the time care is rendered.
3462 ARTICLE II - DEFINITIONS
3563 As used in this compact, and except as otherwise provided, the following definitions apply:
3664 1."ACEND" means the accreditation council for education in nutrition and dietetics or its
37-successor organization. S. B. NO. 2223 - PAGE 2
38-2."Active military member" means any individual with full-time duty status in the active armed
39-forces of the United States, including members of the national guard and reserve.
40-3."Adverse action" means any administrative, civil, equitable, or criminal action permitted by a
41-state's laws which is imposed by a licensing authority or other authority against a licensee,
42-including actions against an individual's license or compact privilege such as revocation,
43-suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any
44-other encumbrance on licensure affecting a licensee's authorization to practice, including
45-issuance of a cease and desist action.
46-4."Alternative program" means a nondisciplinary monitoring or practice remediation process
47-approved by a licensing authority.
65+successor organization.
66+2."Active military member" means any individual with full-time duty status in the active
67+armed forces of the United States, including members of the national guard and
68+reserve.
69+3."Adverse action" means any administrative, civil, equitable, or criminal action
70+permitted by a state's laws which is imposed by a licensing authority or other authority
71+against a licensee, including actions against an individual's license or compact
72+privilege such as revocation, suspension, probation, monitoring of the licensee,
73+limitation on the licensee's practice, or any other encumbrance on licensure affecting a
74+licensee's authorization to practice, including issuance of a cease and desist action.
75+4."Alternative program" means a nondisciplinary monitoring or practice remediation
76+process approved by a licensing authority.
4877 5."CDR" means the commission on dietetic registration or its successor organization.
49-6."Charter member state" means any member state that enacted this compact by law before the
50-effective date specified in article XII.
51-7."Compact commission" means the government agency whose membership consists of all
52-states that have enacted this compact, which is known as the dietitian licensure compact
53-commission, as described in article VIII, and which shall operate as an instrumentality of the
54-member states.
55-8."Compact privilege" means a legal authorization, which is equivalent to a license, permitting
56-the practice of dietetics in a remote state.
57-9."Continuing education" means a requirement, as a condition of license renewal, to provide
58-evidence of participation in, and completion of, educational and professional activities relevant
59-to practice or area of work.
78+6."Charter member state" means any member state that enacted this compact by law
79+before the effective date specified in article XII.
80+7."Compact commission" means the government agency whose membership consists of
81+all states that have enacted this compact, which is known as the dietitian licensure
82+compact commission, as described in article VIII, and which shall operate as an
83+instrumentality of the member states.
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116+8."Compact privilege" means a legal authorization, which is equivalent to a license,
117+permitting the practice of dietetics in a remote state.
118+9."Continuing education" means a requirement, as a condition of license renewal, to
119+provide evidence of participation in, and completion of, educational and professional
120+activities relevant to practice or area of work.
60121 10."Current significant investigative information" means investigative information that:
61122 a.A licensing authority, after a preliminary inquiry that includes notification and an
62-opportunity for the subject licensee to respond, if required by state law, has reason to
63-believe is not groundless and, if proved true, would indicate more than a minor infraction;
64-or
65-b.Indicates that the subject licensee represents an immediate threat to public health and
66-safety regardless of whether the subject licensee has been notified and had an
67-opportunity to respond.
123+opportunity for the subject licensee to respond, if required by state law, has
124+reason to believe is not groundless and, if proved true, would indicate more than
125+a minor infraction; or
126+b.Indicates that the subject licensee represents an immediate threat to public
127+health and safety regardless of whether the subject licensee has been notified
128+and had an opportunity to respond.
68129 11."Data system" means a repository of information about licensees, including continuing
69130 education, examination, licensure, investigative, compact privilege, and adverse action
70131 information.
71-12."Encumbered license" means a license in which an adverse action restricts a licensee's ability
72-to practice dietetics.
73-13."Encumbrance" means a revocation or suspension of, or any limitation on a licensee's full and
74-unrestricted practice of dietetics by a licensing authority.
75-14."Executive committee" means a group of delegates elected or appointed to act on behalf of,
76-and within the powers granted to them by, this compact, and the compact commission.
77-15."Home state" means the member state that is the licensee's primary state of residence or that
78-has been designated pursuant to article XI.
79-16."Investigative information" means information, records, and documents received or generated
80-by a licensing authority pursuant to an investigation. S. B. NO. 2223 - PAGE 3
81-17."Jurisprudence requirement" means an assessment of an individual's knowledge of the state
82-laws and regulations governing the practice of dietetics in the state.
132+12."Encumbered license" means a license in which an adverse action restricts a
133+licensee's ability to practice dietetics.
134+13."Encumbrance" means a revocation or suspension of, or any limitation on a licensee's
135+full and unrestricted practice of dietetics by a licensing authority.
136+14."Executive committee" means a group of delegates elected or appointed to act on
137+behalf of, and within the powers granted to them by, this compact, and the compact
138+commission.
139+15."Home state" means the member state that is the licensee's primary state of residence
140+or that has been designated pursuant to article XI.
141+16."Investigative information" means information, records, and documents received or
142+generated by a licensing authority pursuant to an investigation.
143+17."Jurisprudence requirement" means an assessment of an individual's knowledge of
144+the state laws and regulations governing the practice of dietetics in the state.
83145 18."License" means an authorization from a member state to either:
84146 a.Engage in the practice of dietetics, including medical nutrition therapy; or
85-b.Use the title "dietitian", "licensed dietitian", "licensed dietitian nutritionist", "certified
86-dietitian", or other title describing a substantially similar practitioner as the compact
87-commission may further define by rule.
88-19."Licensee" or "licensed dietitian" means an individual who currently holds a license and who
89-meets all of the requirements outlined in article IV.
90-20."Licensing authority" means the board or agency of a state, or equivalent, that is responsible
91-for the licensing and regulation of the practice of dietetics.
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180+b.Use the title "dietitian", "licensed dietitian", "licensed dietitian nutritionist",
181+"certified dietitian", or other title describing a substantially similar practitioner as
182+the compact commission may further define by rule.
183+19."Licensee" or "licensed dietitian" means an individual who currently holds a license
184+and who meets all of the requirements outlined in article IV.
185+20."Licensing authority" means the board or agency of a state, or equivalent, that is
186+responsible for the licensing and regulation of the practice of dietetics.
92187 21."Member state" means a state that has enacted the compact.
93-22."Practice of dietetics" means the synthesis and application of dietetics as defined by state law
94-and regulations, primarily for the provision of nutrition care services, including medical nutrition
95-therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical
96-conditions, and promote wellness.
188+22."Practice of dietetics" means the synthesis and application of dietetics as defined by
189+state law and regulations, primarily for the provision of nutrition care services,
190+including medical nutrition therapy, in person or via telehealth, to prevent, manage, or
191+treat diseases or medical conditions, and promote wellness.
97192 23."Registered dietitian" means an individual who:
98193 a.Has completed applicable education, experience, examination, and recertification
99194 requirements approved by CDR;
100-b.Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and
101-c.Is legally authorized to use the title registered dietitian or registered dietitian nutritionist
102-and the corresponding abbreviations "RD" or "RDN".
195+b.Is credentialed by CDR as a registered dietitian or a registered dietitian
196+nutritionist; and
197+c.Is legally authorized to use the title registered dietitian or registered dietitian
198+nutritionist and the corresponding abbreviations "RD" or "RDN ".
103199 24."Remote state" means a member state other than the home state, where a licensee is
104200 exercising or seeking to exercise a compact privilege.
105-25."Rule" means a regulation promulgated by the compact commission which has the force of
106-law.
107-26."Single state license" means a license issued by a member state within the issuing state and
108-does not include a compact privilege in any other member state.
109-27."State" means any state, commonwealth, district, or territory of the United States of America.
110-28."Unencumbered license" means a license that authorizes a licensee to engage in the full and
111-unrestricted practice of dietetics.
201+25."Rule" means a regulation promulgated by the compact commission which has the
202+force of law.
203+26."Single state license" means a license issued by a member state within the issuing
204+state and does not include a compact privilege in any other member state.
205+27."State" means any state, commonwealth, district, or territory of the United States of
206+America.
207+28."Unencumbered license" means a license that authorizes a licensee to engage in the
208+full and unrestricted practice of dietetics.
112209 ARTICLE III - STATE PARTICIPATION IN THE COMPACT
113210 1.To participate in the compact, a state shall currently:
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114244 a.License and regulate the practice of dietetics; and
115-b.Have a mechanism in place for receiving and investigating complaints about licensees.
245+b.Have a mechanism in place for receiving and investigating complaints about
246+licensees.
116247 2.A member state shall:
117-a.Participate fully in the compact commission's data system, including using the unique
118-identifier as defined in rules; S. B. NO. 2223 - PAGE 4
119-b.Notify the compact commission, in compliance with the terms of the compact and rules,
120-of any adverse action or the availability of current significant investigative information
121-regarding a licensee;
122-c.Implement or utilize procedures for considering the criminal history record information of
123-applicants for an initial compact privilege. These procedures must include the submission
124-of fingerprints or other biometric-based information by applicants for the purpose of
125-obtaining an applicant's criminal history record information from the federal bureau of
126-investigation and the agency responsible for retaining that state's criminal records;
248+a.Participate fully in the compact commission's data system, including using the
249+unique identifier as defined in rules;
250+b.Notify the compact commission, in compliance with the terms of the compact and
251+rules, of any adverse action or the availability of current significant investigative
252+information regarding a licensee;
253+c.Implement or utilize procedures for considering the criminal history record
254+information of applicants for an initial compact privilege. These procedures must
255+include the submission of fingerprints or other biometric-based information by
256+applicants for the purpose of obtaining an applicant's criminal history record
257+information from the federal bureau of investigation and the agency responsible
258+for retaining that state's criminal records;
127259 (1)A member state shall fully implement a criminal history record information
128-requirement, within a time frame established by rule, which includes receiving the
129-results of the federal bureau of investigation record search, and shall use those
130-results in determining compact privilege eligibility.
131-(2)Communication between a member state and the compact commission or among
132-member states regarding the verification of eligibility for a compact privilege may not
133-include any information received from the federal bureau of investigation relating to
134-a federal criminal history record information check performed by a member state.
260+requirement, within a time frame established by rule, which includes
261+receiving the results of the federal bureau of investigation record search,
262+and shall use those results in determining compact privilege eligibility.
263+(2)Communication between a member state and the compact commission or
264+among member states regarding the verification of eligibility for a compact
265+privilege may not include any information received from the federal bureau
266+of investigation relating to a federal criminal history record information check
267+performed by a member state.
135268 d.Comply with and enforce the rules of the compact commission;
136-e.Require an applicant for a compact privilege to obtain or retain a license in the licensee's
137-home state and meet the home state's qualifications for licensure or renewal of licensure,
138-as well as all other applicable state laws; and
139-f.Recognize a compact privilege granted to a licensee who meets all of the requirements
140-outlined in article IV under the terms of the compact and rules.
269+e.Require an applicant for a compact privilege to obtain or retain a license in the
270+licensee's home state and meet the home state's qualifications for licensure or
271+renewal of licensure, as well as all other applicable state laws; and
272+f.Recognize a compact privilege granted to a licensee who meets all of the
273+requirements outlined in article IV under the terms of the compact and rules.
141274 3.Member states may set and collect a fee for granting a compact privilege.
142-4.Individuals not residing in a member state shall continue to be able to apply for a member
143-state's single state license as provided under the laws of each member state. However, the
144-single state license granted to these individuals may not be recognized as granting a compact
145-privilege to engage in the practice of dietetics in any other member state.
146-5.Nothing in this compact may affect the requirements established by a member state for the
147-issuance of a single state license.
148-6.The compact commission may not define the requirements for the issuance of a single state
149-license to practice dietetics. The member states shall retain sole jurisdiction over the provision
150-of these requirements.
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308+4.Individuals not residing in a member state shall continue to be able to apply for a
309+member state's single state license as provided under the laws of each member state.
310+However, the single state license granted to these individuals may not be recognized
311+as granting a compact privilege to engage in the practice of dietetics in any other
312+member state.
313+5.Nothing in this compact may affect the requirements established by a member state
314+for the issuance of a single state license.
315+6.The compact commission may not define the requirements for the issuance of a single
316+state license to practice dietetics. The member states shall retain sole jurisdiction over
317+the provision of these requirements.
151318 ARTICLE IV - COMPACT PRIVILEGE
152-1.To exercise the compact privilege under the terms and provisions of the compact, the licensee
153-shall:
319+1.To exercise the compact privilege under the terms and provisions of the compact, the
320+licensee shall:
154321 a.Satisfy one of the following:
155-(1)Hold a valid current registration that gives the applicant the right to use the term
156-registered dietitian; or
322+(1)Hold a valid current registration that gives the applicant the right to use the
323+term registered dietitian; or
157324 (2)Complete all of the following:
158325 (a)An education program which is either:
159-[1]A master's degree or doctoral degree that is programmatically accredited
160-by ACEND or a dietetics accrediting agency recognized by the United S. B. NO. 2223 - PAGE 5
161-States department of education, which the compact commission may by
162-rule determine, and from a college or university accredited at the time of
163-graduation by the appropriate regional accrediting agency recognized by
164-the council on higher education accreditation and the United States
326+[1]A master's degree or doctoral degree that is programmatically
327+accredited by ACEND or a dietetics accrediting agency
328+recognized by the United States department of education, which
329+the compact commission may by rule determine, and from a
330+college or university accredited at the time of graduation by the
331+appropriate regional accrediting agency recognized by the
332+council on higher education accreditation and the United States
165333 department of education; or
166-[2]An academic degree from a college or university in a foreign country
167-equivalent to the degree described in subparagraph (a) that is
168-programmatically accredited by ACEND or a dietetics accrediting agency
169-recognized by the United States department of education, which the
170-compact commission may by rule determine.
171-(b)A planned, documented, supervised practice experience in dietetics that is
172-programmatically accredited by ACEND or a dietetics accrediting agency
173-recognized by the United States department of education, which the compact
174-commission may by rule determine and which involves at least one thousand
175-hours of practice experience under the supervision of a registered dietitian or
176-a licensed dietitian.
177-(c)Successful completion of either the registration examination for dietitians
178-administered by CDR or a national credentialing examination for dietitians
179-approved by the compact commission by rule, with completion occurring no
180-more than five years before the date of the licensee's application for initial
181-licensure and accompanied by a period of continuous licensure thereafter, all
182-of which may be further governed by the rules of the compact commission.
334+[2]An academic degree from a college or university in a foreign
335+country equivalent to the degree described in subparagraph (a)
336+that is programmatically accredited by ACEND or a dietetics
337+accrediting agency recognized by the United States department
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370+of education, which the compact commission may by rule
371+determine.
372+(b)A planned, documented, supervised practice experience in dietetics
373+that is programmatically accredited by ACEND or a dietetics
374+accrediting agency recognized by the United States department of
375+education, which the compact commission may by rule determine and
376+which involves at least one thousand hours of practice experience
377+under the supervision of a registered dietitian or a licensed dietitian.
378+(c)Successful completion of either the registration examination for
379+dietitians administered by CDR or a national credentialing
380+examination for dietitians approved by the compact commission by
381+rule, with completion occurring no more than five years before the
382+date of the licensee's application for initial licensure and accompanied
383+by a period of continuous licensure thereafter, all of which may be
384+further governed by the rules of the compact commission.
183385 b.Hold an unencumbered license in the home state;
184-c.Notify the compact commission that the licensee is seeking a compact privilege within a
185-remote state;
386+c.Notify the compact commission that the licensee is seeking a compact privilege
387+within a remote state;
186388 d.Pay any applicable fees, including any state fee, for the compact privilege;
187-e.Meet any jurisprudence requirements established by the remote state in which the
188-licensee is seeking a compact privilege; and
189-f.Report to the compact commission any adverse action, encumbrance, or restriction on a
190-license taken by any nonmember state within thirty days from the date the action is
191-taken.
192-2.The compact privilege is valid until the expiration date of the home state license. To maintain a
193-compact privilege, renewal of the compact privilege must be congruent with the renewal of the
194-home state license as the compact commission may define by rule. The licensee shall comply
195-with the requirements of subsection 1 of article IV to maintain the compact privilege in the
196-remote state.
197-3.A licensee exercising a compact privilege shall adhere to the laws and regulations of the
198-remote state. Licensees must be responsible for educating themselves on, and complying
199-with, all state laws relating to the practice of dietetics in the remote state.
200-4.Notwithstanding anything to the contrary provided in this compact or state law, a licensee
201-exercising a compact privilege may not be required to complete continuing education
202-requirements required by a remote state. A licensee exercising a compact privilege only is
203-required to meet any continuing education requirements as required by the home state.
204-ARTICLE V - OBTAINING A NEW HOME STATE LICENSEBASED ON A COMPACT PRIVILEGE S. B. NO. 2223 - PAGE 6
205-1.A licensee may hold a home state license, which allows for a compact privilege in other
206-member states, in only one member state at a time.
389+e.Meet any jurisprudence requirements established by the remote state in which
390+the licensee is seeking a compact privilege; and
391+f.Report to the compact commission any adverse action, encumbrance, or
392+restriction on a license taken by any nonmember state within thirty days from the
393+date the action is taken.
394+2.The compact privilege is valid until the expiration date of the home state license. To
395+maintain a compact privilege, renewal of the compact privilege must be congruent with
396+the renewal of the home state license as the compact commission may define by rule.
397+The licensee shall comply with the requirements of subsection 1 of article IV to
398+maintain the compact privilege in the remote state.
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430+3.A licensee exercising a compact privilege shall adhere to the laws and regulations of
431+the remote state. Licensees must be responsible for educating themselves on, and
432+complying with, all state laws relating to the practice of dietetics in the remote state.
433+4.Notwithstanding anything to the contrary provided in this compact or state law, a
434+licensee exercising a compact privilege may not be required to complete continuing
435+education requirements required by a remote state. A licensee exercising a compact
436+privilege only is required to meet any continuing education requirements as required
437+by the home state.
438+ARTICLE V - OBTAINING A NEW HOME STATE LICENSEBASED ON A COMPACT
439+PRIVILEGE
440+1.A licensee may hold a home state license, which allows for a compact privilege in
441+other member states, in only one member state at a time.
207442 2.If a licensee changes home state by moving between two member states:
208-a.The licensee shall file an application for obtaining a new home state license based on a
209-compact privilege, pay all applicable fees, and notify the current and new home state in
210-accordance with the rules of the compact commission.
211-b.Upon receipt of an application for obtaining a new home state license by virtue of a
212-compact privilege, the new home state shall verify that the licensee meets the criteria in
213-article IV via the data system, and require that the licensee complete:
443+a.The licensee shall file an application for obtaining a new home state license
444+based on a compact privilege, pay all applicable fees, and notify the current and
445+new home state in accordance with the rules of the compact commission.
446+b.Upon receipt of an application for obtaining a new home state license by virtue of
447+a compact privilege, the new home state shall verify that the licensee meets the
448+criteria in article IV via the data system, and require that the licensee complete:
214449 (1)A federal bureau of investigation fingerprint-based criminal history record
215450 information check;
216-(2)Any other criminal history record information required by the new home state; and
451+(2)Any other criminal history record information required by the new home
452+state; and
217453 (3)Any jurisprudence requirements of the new home state.
218-c.The former home state shall convert the former home state license into a compact
219-privilege once the new home state has activated the new home state license in
220-accordance with applicable rules adopted by the compact commission.
221-d.Notwithstanding any other provision of this compact, if the licensee cannot meet the
222-criteria in article IV, the new home state may apply its requirements for issuing a new
223-single state license.
224-e.The licensee shall pay all applicable fees to the new home state to be issued a new
225-home state license.
226-3.If a licensee changes the licensee's state of residence by moving from a member state to a
227-nonmember state, or from a nonmember state to a member state, the state criteria shall apply
228-for issuance of a single state license in the new state.
229-4.Nothing in this compact may interfere with a licensee's ability to hold a single state license in
230-multiple states; however, for the purposes of this compact, a licensee may have only one
231-home state license.
232-5.Nothing in this compact may affect the requirements established by a member state for the
233-issuance of a single state license.
454+c.The former home state shall convert the former home state license into a
455+compact privilege once the new home state has activated the new home state
456+license in accordance with applicable rules adopted by the compact commission.
457+d.Notwithstanding any other provision of this compact, if the licensee cannot meet
458+the criteria in article IV, the new home state may apply its requirements for
459+issuing a new single state license.
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492+e.The licensee shall pay all applicable fees to the new home state to be issued a
493+new home state license.
494+3.If a licensee changes the licensee's state of residence by moving from a member state
495+to a nonmember state, or from a nonmember state to a member state, the state
496+criteria shall apply for issuance of a single state license in the new state.
497+4.Nothing in this compact may interfere with a licensee's ability to hold a single state
498+license in multiple states; however, for the purposes of this compact, a licensee may
499+have only one home state license.
500+5.Nothing in this compact may affect the requirements established by a member state
501+for the issuance of a single state license.
234502 ARTICLE VI - ACTIVE MILITARY MEMBERS
235503 OR THE MEMBER'S SPOUSE
236-An active military member, or the member's spouse, shall designate a home state where the
237-individual has a current license in good standing. The individual may retain the home state designation
238-during the period the service member is on active duty.
504+An active military member, or the member's spouse, shall designate a home state where
505+the individual has a current license in good standing. The individual may retain the home state
506+designation during the period the service member is on active duty.
239507 ARTICLE VII - ADVERSE ACTIONS
240-1.In addition to the other powers conferred by state law, a remote state must have the authority,
241-under state due process law, to:
242-a.Take adverse action against a licensee's compact privilege within that member state; and
243-b.Issue subpoenas for both hearings and investigations that require the attendance and
244-testimony of witnesses as well as the production of evidence. Subpoenas issued by a
245-licensing authority in a member state for the attendance and testimony of witnesses or S. B. NO. 2223 - PAGE 7
246-the production of evidence from another member state must be enforced in the latter
247-state by any court of competent jurisdiction, according to the practice and procedure
248-applicable to subpoenas issued in proceedings pending before that court. The issuing
249-authority shall pay any witness fees, travel expenses, mileage, and other fees required
250-by the service statutes of the state in which the witnesses or evidence are located.
251-2.Only the home state may have the power to take adverse action against a licensee's home
252-state license.
253-3.For purposes of taking adverse action, the home state shall give the same priority and effect
254-to reported conduct received from a member state as it would if the conduct had occurred
255-within the home state. In so doing, the home state shall apply its own state laws to determine
256-appropriate action.
257-4.The home state shall complete any pending investigations of a licensee who changes home
258-states during the course of the investigations. The home state must have authority to take
259-appropriate action and shall promptly report the conclusions of the investigations to the
260-administrator of the data system. The administrator of the data system shall promptly notify
261-the new home state of any adverse actions.
262-5.A member state, if otherwise permitted by state law, may recover from the affected licensee
263-the costs of investigations and dispositions of cases resulting from any adverse action taken
264-against that licensee.
265-6.A member state may take adverse action based on the factual findings of another remote
266-state, provided that the member state follows its own procedures for taking the adverse action.
508+1.In addition to the other powers conferred by state law, a remote state must have the
509+authority, under state due process law, to:
510+a.Take adverse action against a licensee's compact privilege within that member
511+state; and
512+b.Issue subpoenas for both hearings and investigations that require the attendance
513+and testimony of witnesses as well as the production of evidence. Subpoenas
514+issued by a licensing authority in a member state for the attendance and
515+testimony of witnesses or the production of evidence from another member state
516+must be enforced in the latter state by any court of competent jurisdiction,
517+according to the practice and procedure applicable to subpoenas issued in
518+proceedings pending before that court. The issuing authority shall pay any
519+witness fees, travel expenses, mileage, and other fees required by the service
520+statutes of the state in which the witnesses or evidence are located.
521+2.Only the home state may have the power to take adverse action against a licensee's
522+home state license.
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556+3.For purposes of taking adverse action, the home state shall give the same priority and
557+effect to reported conduct received from a member state as it would if the conduct had
558+occurred within the home state. In so doing, the home state shall apply its own state
559+laws to determine appropriate action.
560+4.The home state shall complete any pending investigations of a licensee who changes
561+home states during the course of the investigations. The home state must have
562+authority to take appropriate action and shall promptly report the conclusions of the
563+investigations to the administrator of the data system. The administrator of the data
564+system shall promptly notify the new home state of any adverse actions.
565+5.A member state, if otherwise permitted by state law, may recover from the affected
566+licensee the costs of investigations and dispositions of cases resulting from any
567+adverse action taken against that licensee.
568+6.A member state may take adverse action based on the factual findings of another
569+remote state, provided that the member state follows its own procedures for taking the
570+adverse action.
267571 7.Joint investigations:
268-a.In addition to the authority granted to a member state by its respective state law, any
269-member state may participate with other member states in joint investigations of
270-licensees.
572+a.In addition to the authority granted to a member state by its respective state law,
573+any member state may participate with other member states in joint
574+investigations of licensees.
271575 b.Member states shall share any investigative, litigation, or compliance materials in
272576 furtherance of any joint investigations initiated under the compact.
273-8.If adverse action is taken by the home state against a licensee's home state license resulting
274-in an encumbrance on the home state license, the licensee's compact privilege in all other
275-member states must be revoked until all encumbrances have been removed from the home
276-state license. All home state disciplinary orders that impose adverse action against a licensee
277-must include a statement that the licensee's compact privileges are revoked in all member
278-states during the pendency of the order.
279-9.Once an encumbered license in the home state is restored to an unencumbered license, as
280-certified by the home state's licensing authority, the licensee shall meet the requirements of
281-subsection 1 of article IV and follow the administrative requirements to reapply to obtain a
282-compact privilege in any remote state.
577+8.If adverse action is taken by the home state against a licensee's home state license
578+resulting in an encumbrance on the home state license, the licensee's compact
579+privilege in all other member states must be revoked until all encumbrances have
580+been removed from the home state license. All home state disciplinary orders that
581+impose adverse action against a licensee must include a statement that the licensee's
582+compact privileges are revoked in all member states during the pendency of the order.
583+9.Once an encumbered license in the home state is restored to an unencumbered
584+license, as certified by the home state's licensing authority, the licensee shall meet the
585+requirements of subsection 1 of article IV and follow the administrative requirements to
586+reapply to obtain a compact privilege in any remote state.
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283620 10.If a member state takes adverse action, the member state promptly shall notify the
284-administrator of the data system. The administrator of the data system promptly shall notify
285-the other member states of any adverse actions.
286-11.Nothing in this compact may override a member state's decision that participation in an
287-alternative program may be used in lieu of adverse action.
621+administrator of the data system. The administrator of the data system promptly shall
622+notify the other member states of any adverse actions.
623+11.Nothing in this compact may override a member state's decision that participation in
624+an alternative program may be used in lieu of adverse action.
288625 ARTICLE VIII - ESTABLISHMENT OF THE DIETITIAN
289-LICENSURE COMPACT COMMISSION S. B. NO. 2223 - PAGE 8
290-1.The compact member states hereby create and establish a joint government agency whose
291-membership consists of all member states that have enacted the compact known as the
292-dietitian licensure compact commission. The compact commission is an instrumentality of the
293-compact states acting jointly and not an instrumentality of any one state. The compact
294-commission shall come into existence on or after the effective date of the compact as set forth
295-in article XII.
626+LICENSURE COMPACT COMMISSION
627+1.The compact member states hereby create and establish a joint government agency
628+whose membership consists of all member states that have enacted the compact
629+known as the dietitian licensure compact commission. The compact commission is an
630+instrumentality of the compact states acting jointly and not an instrumentality of any
631+one state. The compact commission shall come into existence on or after the effective
632+date of the compact as set forth in article XII.
296633 2.Membership, voting, and meetings.
297-a.Each member state must have and be limited to one delegate selected by that member
298-state's licensing authority.
299-b.The delegate must be the primary administrator of the licensing authority or the licensing
300-authority's designee.
301-c.The compact commission shall by rule or bylaw establish a term of office for delegates
302-and may by rule or bylaw establish term limits.
303-d.The compact commission may recommend removal or suspension of any delegate from
304-office.
305-e.A member state's licensing authority shall fill any vacancy of its delegate occurring on the
306-compact commission within sixty days of the vacancy.
634+a.Each member state must have and be limited to one delegate selected by that
635+member state's licensing authority.
636+b.The delegate must be the primary administrator of the licensing authority or the
637+licensing authority's designee.
638+c.The compact commission shall by rule or bylaw establish a term of office for
639+delegates and may by rule or bylaw establish term limits.
640+d.The compact commission may recommend removal or suspension of any
641+delegate from office.
642+e.A member state's licensing authority shall fill any vacancy of its delegate
643+occurring on the compact commission within sixty days of the vacancy.
307644 f.Each delegate must be entitled to one vote on all matters before the compact
308645 commission requiring a vote by the delegates.
309-g.Delegates shall meet and vote by the means set forth in the bylaws. The bylaws may
310-provide for delegates to meet and vote in-person or by telecommunication, video
311-conference, or other means of communication.
312-h.The compact commission shall meet at least once during each calendar year. Additional
313-meetings may be held as set forth in the bylaws. The compact commission may meet in-
314-person or by telecommunication, video conference, or other means of communication.
646+g.Delegates shall meet and vote by the means set forth in the bylaws. The bylaws
647+may provide for delegates to meet and vote in-person or by telecommunication,
648+video conference, or other means of communication.
649+h.The compact commission shall meet at least once during each calendar year.
650+Additional meetings may be held as set forth in the bylaws. The compact
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684+commission may meet in-person or by telecommunication, video conference, or
685+other means of communication.
315686 3.The compact commission has the power to:
316687 a.Establish the fiscal year of the compact commission;
317688 b.Establish code of conduct and conflict of interest policies;
318689 c.Establish and amend rules and bylaws;
319690 d.Maintain the commission's financial records in accordance with the bylaws;
320-e.Meet and take actions consistent with the provisions of this compact, the compact
321-commission's rules, and the bylaws;
691+e.Meet and take actions consistent with the provisions of this compact, the
692+compact commission's rules, and the bylaws;
322693 f.Initiate and conclude legal proceedings or actions in the name of the compact
323-commission, provided that the standing of any licensing authority to sue or be sued under
324-applicable law may not be affected;
694+commission, provided that the standing of any licensing authority to sue or be
695+sued under applicable law may not be affected;
325696 g.Maintain and certify records and information provided to a member state as the
326-authenticated business records of the compact commission, and designate an agent to
327-do so on the compact commission's behalf;
697+authenticated business records of the compact commission, and designate an
698+agent to do so on the compact commission's behalf;
328699 h.Purchase and maintain insurance and bonds;
329-i.Borrow, accept, or contract for services of personnel, including employees of a member
330-state; S. B. NO. 2223 - PAGE 9
700+i.Borrow, accept, or contract for services of personnel, including employees of a
701+member state;
331702 j.Conduct an annual financial review;
332-k.Hire employees, elect or appoint officers, fix compensation, define duties, grant those
333-individuals appropriate authority to carry out the purposes of the compact, and establish
334-the compact commission's personnel policies and programs relating to conflicts of
335-interest, qualifications of personnel, and other related personnel matters;
703+k.Hire employees, elect or appoint officers, fix compensation, define duties, grant
704+those individuals appropriate authority to carry out the purposes of the compact,
705+and establish the compact commission's personnel policies and programs
706+relating to conflicts of interest, qualifications of personnel, and other related
707+personnel matters;
336708 l.Assess and collect fees;
337-m.Accept all appropriate donations, grants of money, other sources of revenue, equipment,
338-supplies, materials, services, and gifts, and receive, utilize, and dispose of the same
339-provided that at all times the compact commission shall avoid any actual or appearance
340-of impropriety or conflict of interest;
341-n.Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
342-mixed, or any undivided interest therein;
343-o.Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
344-property real, personal, or mixed;
709+m.Accept all appropriate donations, grants of money, other sources of revenue,
710+equipment, supplies, materials, services, and gifts, and receive, utilize, and
711+dispose of the same provided that at all times the compact commission shall
712+avoid any actual or appearance of impropriety or conflict of interest;
713+n.Lease, purchase, retain, own, hold, improve, or use any property, real, personal,
714+or mixed, or any undivided interest therein;
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748+o.Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
749+of any property real, personal, or mixed;
345750 p.Establish a budget and make expenditures;
346751 q.Borrow money;
347-r.Appoint committees, including standing committees, composed of members, state
348-regulators, state legislators or their representatives, and consumer representatives, and
349-other interested persons as may be designated in this compact or the bylaws;
350-s.Provide and receive information from, and cooperate with, law enforcement agencies;
752+r.Appoint committees, including standing committees, composed of members,
753+state regulators, state legislators or their representatives, and consumer
754+representatives, and other interested persons as may be designated in this
755+compact or the bylaws;
756+s.Provide and receive information from, and cooperate with, law enforcement
757+agencies;
351758 t.Establish and elect an executive committee, including a chair and a vice chair;
352-u.Determine whether a state's adopted language is materially different from the model
353-compact language such that the state would not qualify for participation in the compact;
354-and
759+u.Determine whether a state's adopted language is materially different from the
760+model compact language such that the state would not qualify for participation in
761+the compact; and
355762 v.Perform such other functions as may be necessary or appropriate to achieve the
356763 purposes of this compact.
357764 4.The executive committee.
358765 a.The executive committee must have the power to act on behalf of the compact
359766 commission according to the terms of this compact. The powers, duties, and
360767 responsibilities of the executive committee shall include:
361-(1)Overseeing the day-to-day activities of the administration of the compact, including
362-enforcement and compliance with the provisions of the compact, its rules and
363-bylaws, and other duties as deemed necessary;
768+(1)Overseeing the day-to-day activities of the administration of the compact,
769+including enforcement and compliance with the provisions of the compact,
770+its rules and bylaws, and other duties as deemed necessary;
364771 (2)Recommending to the compact commission changes to the rules or bylaws,
365-changes to this compact legislation, fees charged to compact member states, fees
366-charged to licensees, and other fees;
367-(3)Ensuring compact administration services are provided appropriately, including by
368-contract;
772+changes to this compact legislation, fees charged to compact member
773+states, fees charged to licensees, and other fees;
774+(3)Ensuring compact administration services are provided appropriately,
775+including by contract;
369776 (4)Preparing and recommending the budget;
370-(5)Maintaining financial records on behalf of the compact commission; S. B. NO. 2223 - PAGE 10
371-(6)Monitoring compact compliance of member states and providing compliance reports
372-to the compact commission;
777+(5)Maintaining financial records on behalf of the compact commission;
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810+(6)Monitoring compact compliance of member states and providing compliance
811+reports to the compact commission;
373812 (7)Establishing additional committees as necessary;
374-(8)Exercising the powers and duties of the compact commission during the interim
375-between compact commission meetings, except for adopting or amending rules,
376-adopting or amending bylaws, and exercising any other powers and duties
377-expressly reserved to the compact commission by rule or bylaw; and
813+(8)Exercising the powers and duties of the compact commission during the
814+interim between compact commission meetings, except for adopting or
815+amending rules, adopting or amending bylaws, and exercising any other
816+powers and duties expressly reserved to the compact commission by rule or
817+bylaw; and
378818 (9)Other duties as provided in the rules or bylaws of the compact commission.
379819 b.The executive committee must be composed of nine members:
380820 (1)The chair and vice chair of the compact commission, which must be voting
381821 members of the executive committee;
382-(2)Five voting members from the current membership of the compact commission,
383-elected by the compact commission;
384-(3)One ex officio, nonvoting member from a recognized professional association
385-representing dietitians; and
822+(2)Five voting members from the current membership of the compact
823+commission, elected by the compact commission;
824+(3)One ex officio, nonvoting member from a recognized professional
825+association representing dietitians; and
386826 (4)One ex officio, nonvoting member from a recognized national credentialing
387827 organization for dietitians.
388-c.The compact commission may remove any member of the executive committee as
389-provided in the compact commission's bylaws.
828+c.The compact commission may remove any member of the executive committee
829+as provided in the compact commission's bylaws.
390830 d.The executive committee shall meet at least annually.
391-(1)Executive committee meetings must be open to the public, except that the executive
392-committee may meet in a closed, nonpublic meeting as provided in subdivision b of
393-subsection 6.
394-(2)The executive committee shall give thirty days notice of its meetings, posted on the
395-website of the compact commission and as determined to provide notice to persons
396-with an interest in the business of the compact commission.
831+(1)Executive committee meetings must be open to the public, except that the
832+executive committee may meet in a closed, nonpublic meeting as provided
833+in subdivision b of subsection 6.
834+(2)The executive committee shall give thirty days notice of its meetings, posted
835+on the website of the compact commission and as determined to provide
836+notice to persons with an interest in the business of the compact
837+commission.
397838 (3)The executive committee may hold a special meeting in accordance with
398839 paragraph 2 of subdivision a of subsection 6.
399-5.The compact commission shall adopt and provide to the member states an annual report.
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872+5.The compact commission shall adopt and provide to the member states an annual
873+report.
400874 6.Meetings of the compact commission.
401-a.All meetings must be open to the public, except that the compact commission may meet
402-in a closed, nonpublic meeting as provided in subdivision b of subsection 6.
403-(1)Public notice for all meetings of the full compact commission must be given in the
404-same manner as required under the rulemaking provisions in article X, except that
405-the compact commission may hold a special meeting as provided in paragraph 2 of
406-subdivision a of subsection 6.
407-(2)The compact commission may hold a special meeting when it must meet to conduct
408-emergency business by giving twenty-four hours notice to all member states, on the
409-compact commission's website, and other means as provided in the compact
410-commission's rules. The compact commission's legal counsel shall certify that the
411-compact commission's need to meet qualifies as an emergency. S. B. NO. 2223 - PAGE 11
875+a.All meetings must be open to the public, except that the compact commission
876+may meet in a closed, nonpublic meeting as provided in subdivision b of
877+subsection 6.
878+(1)Public notice for all meetings of the full compact commission must be given
879+in the same manner as required under the rulemaking provisions in
880+article X, except that the compact commission may hold a special meeting
881+as provided in paragraph 2 of subdivision a of subsection 6.
882+(2)The compact commission may hold a special meeting when it must meet to
883+conduct emergency business by giving twenty-four hours notice to all
884+member states, on the compact commission's website, and other means as
885+provided in the compact commission's rules. The compact commission's
886+legal counsel shall certify that the compact commission's need to meet
887+qualifies as an emergency.
412888 b.The compact commission or the executive committee or other committees of the
413-compact commission may convene in a closed, nonpublic meeting for the compact
414-commission or executive committee or other committees of the compact commission to
415-receive legal advice or to discuss:
889+compact commission may convene in a closed, nonpublic meeting for the
890+compact commission or executive committee or other committees of the compact
891+commission to receive legal advice or to discuss:
416892 (1)Noncompliance of a member state with its obligations under the compact;
417893 (2)The employment, compensation, discipline, or other matters, practices, or
418894 procedures related to specific employees;
419-(3)Current or threatened discipline of a licensee by the compact commission or by a
420-member state's licensing authority;
895+(3)Current or threatened discipline of a licensee by the compact commission or
896+by a member state's licensing authority;
421897 (4)Current, threatened, or reasonably anticipated litigation;
422-(5)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
423-estate;
898+(5)Negotiation of contracts for the purchase, lease, or sale of goods, services,
899+or real estate;
424900 (6)Accusing a person of a crime or formally censuring a person;
425901 (7)Trade secrets or commercial or financial information that is privileged or
426902 confidential;
427-(8)Information of a personal nature if disclosure would constitute a clearly unwarranted
428-invasion of personal privacy;
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936+(8)Information of a personal nature if disclosure would constitute a clearly
937+unwarranted invasion of personal privacy;
429938 (9)Investigative records compiled for law enforcement purposes;
430-(10)Information related to any investigative reports prepared by or on behalf of or for
431-use of the compact commission or other committee charged with responsibility of
432-investigation or determination of compliance issues pursuant to the compact;
433-(11)Matters specifically exempted from disclosure by federal or member state law; or
939+(10)Information related to any investigative reports prepared by or on behalf of
940+or for use of the compact commission or other committee charged with
941+responsibility of investigation or determination of compliance issues
942+pursuant to the compact;
943+(11)Matters specifically exempted from disclosure by federal or member state
944+law; or
434945 (12)Other matters as specified in the rules of the compact commission.
435-c.If a meeting or portion of a meeting is closed, the presiding officer shall state the meeting
436-will be closed and reference each relevant exempting provision and the reference must
437-be recorded in the minutes.
438-d.The compact commission shall keep minutes that fully and clearly describe all matters
439-discussed in a meeting and provide a full and accurate summary of actions taken and the
440-reasons for taking the action, including a description of the views expressed. The
441-documents considered in connection with an action must be identified in the minutes. The
442-minutes and documents of a closed meeting must remain under seal, subject to release
443-only by a majority vote of the compact commission or order of a court of competent
444-jurisdiction.
946+c.If a meeting or portion of a meeting is closed, the presiding officer shall state the
947+meeting will be closed and reference each relevant exempting provision and the
948+reference must be recorded in the minutes.
949+d.The compact commission shall keep minutes that fully and clearly describe all
950+matters discussed in a meeting and provide a full and accurate summary of
951+actions taken and the reasons for taking the action, including a description of the
952+views expressed. The documents considered in connection with an action must
953+be identified in the minutes. The minutes and documents of a closed meeting
954+must remain under seal, subject to release only by a majority vote of the compact
955+commission or order of a court of competent jurisdiction.
445956 7.Financing of the compact commission.
446957 a.The compact commission shall pay, or provide for the payment of, the reasonable
447-expenses of the commission's establishment, organization, and ongoing activities.
448-b.The compact commission may accept all appropriate revenue sources as provided in
449-subdivision m of subsection 3.
450-c.The compact commission may levy on and collect an annual assessment from each
451-member state and impose fees on licensees of member states to whom it grants a
452-compact privilege to cover the cost of the operations and activities of the compact S. B. NO. 2223 - PAGE 12
453-commission and its staff which must, in a total amount, be sufficient to cover its annual
454-budget as approved each year for which revenue is not provided by other sources. The
455-aggregate annual assessment amount for member states must be allocated based upon
456-a formula that the compact commission shall promulgate by rule.
958+expenses of the commission's establishment, organization, and ongoing
959+activities.
960+b.The compact commission may accept all appropriate revenue sources as
961+provided in subdivision m of subsection 3.
962+c.The compact commission may levy on and collect an annual assessment from
963+each member state and impose fees on licensees of member states to whom it
964+grants a compact privilege to cover the cost of the operations and activities of the
965+compact commission and its staff which must, in a total amount, be sufficient to
966+cover its annual budget as approved each year for which revenue is not provided
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1000+by other sources. The aggregate annual assessment amount for member states
1001+must be allocated based upon a formula that the compact commission shall
1002+promulgate by rule.
4571003 d.The compact commission may not incur an obligation before securing the funds
458-adequate to meet the obligation, nor shall the compact commission pledge the credit of
459-any of the member states, except by and with the authority of the member state.
1004+adequate to meet the obligation, nor shall the compact commission pledge the
1005+credit of any of the member states, except by and with the authority of the
1006+member state.
4601007 e.The compact commission shall keep accurate accounts of all receipts and
461-disbursements. The receipts and disbursements of the compact commission must be
462-subject to the financial review and accounting procedures established under its bylaws.
463-However, all receipts and disbursements of funds handled by the compact commission
464-must be subject to an annual financial review by a certified or licensed public accountant
465-and the report of the financial review must be included in and become part of the annual
466-report of the compact commission.
1008+disbursements. The receipts and disbursements of the compact commission
1009+must be subject to the financial review and accounting procedures established
1010+under its bylaws. However, all receipts and disbursements of funds handled by
1011+the compact commission must be subject to an annual financial review by a
1012+certified or licensed public accountant and the report of the financial review must
1013+be included in and become part of the annual report of the compact commission.
4671014 8.Qualified immunity, defense, and indemnification.
4681015 a.The members, officers, executive director, employees, and representatives of the
469-compact commission must be immune from suit and liability, both personally and in their
470-official capacity, for any claim for damage to or loss of property or personal injury or other
471-civil liability caused by or arising out of any actual or alleged act, error, or omission that
472-occurred, or that the individual against whom the claim is made had a reasonable basis
473-for believing occurred within the scope of compact commission employment, duties, or
474-responsibilities provided that nothing in this subdivision may be construed to protect the
475-individual from suit or liability for any damage, loss, injury, or liability caused by the
476-intentional, willful, or wanton misconduct of that individual. The procurement of insurance
477-of any type by the compact commission may not compromise or limit the immunity
478-granted hereunder.
479-b.The compact commission shall defend any member, officer, executive director, employee,
480-and representative of the compact commission in any civil action seeking to impose
481-liability arising out of any actual or alleged act, error, or omission that occurred within the
482-scope of compact commission employment, duties, or responsibilities, or as determined
483-by the compact commission that the individual against whom the claim is made had a
484-reasonable basis for believing occurred within the scope of compact commission
485-employment, duties, or responsibilities provided that nothing herein may be construed to
486-prohibit that individual from retaining the individual's own counsel at the individual's own
487-expense and provided further that the actual or alleged act, error, or omission did not
488-result from that individual's intentional, willful, or wanton misconduct.
1016+compact commission must be immune from suit and liability, both personally and
1017+in their official capacity, for any claim for damage to or loss of property or
1018+personal injury or other civil liability caused by or arising out of any actual or
1019+alleged act, error, or omission that occurred, or that the individual against whom
1020+the claim is made had a reasonable basis for believing occurred within the scope
1021+of compact commission employment, duties, or responsibilities provided that
1022+nothing in this subdivision may be construed to protect the individual from suit or
1023+liability for any damage, loss, injury, or liability caused by the intentional, willful, or
1024+wanton misconduct of that individual. The procurement of insurance of any type
1025+by the compact commission may not compromise or limit the immunity granted
1026+hereunder.
1027+b.The compact commission shall defend any member, officer, executive director,
1028+employee, and representative of the compact commission in any civil action
1029+seeking to impose liability arising out of any actual or alleged act, error, or
1030+omission that occurred within the scope of compact commission employment,
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1064+duties, or responsibilities, or as determined by the compact commission that the
1065+individual against whom the claim is made had a reasonable basis for believing
1066+occurred within the scope of compact commission employment, duties, or
1067+responsibilities provided that nothing herein may be construed to prohibit that
1068+individual from retaining the individual's own counsel at the individual's own
1069+expense and provided further that the actual or alleged act, error, or omission did
1070+not result from that individual's intentional, willful, or wanton misconduct.
4891071 c.The compact commission shall indemnify and hold harmless any member, officer,
490-executive director, employee, and representative of the compact commission for the
491-amount of any settlement or judgment obtained against that individual arising out of any
492-actual or alleged act, error, or omission that occurred within the scope of compact
493-commission employment, duties, or responsibilities, or that the individual had a
494-reasonable basis for believing occurred within the scope of compact commission
495-employment, duties, or responsibilities provided that the actual or alleged act, error, or
496-omission did not result from the intentional, willful, or wanton misconduct of that
497-individual.
1072+executive director, employee, and representative of the compact commission for
1073+the amount of any settlement or judgment obtained against that individual arising
1074+out of any actual or alleged act, error, or omission that occurred within the scope
1075+of compact commission employment, duties, or responsibilities, or that the
1076+individual had a reasonable basis for believing occurred within the scope of
1077+compact commission employment, duties, or responsibilities provided that the
1078+actual or alleged act, error, or omission did not result from the intentional, willful,
1079+or wanton misconduct of that individual.
4981080 d.Nothing herein may be construed as a limitation on the liability of any licensee for
499-professional malpractice or misconduct, which must be governed solely by any other
500-applicable state laws. S. B. NO. 2223 - PAGE 13
501-e.Nothing in this compact may be interpreted to waive or otherwise abrogate a member
502-state's state action immunity or state action affirmative defense with respect to antitrust
503-claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
504-anticompetitive law or regulation.
505-f.Nothing in this compact may be construed to be a waiver of sovereign immunity by the
506-member states or by the compact commission.
1081+professional malpractice or misconduct, which must be governed solely by any
1082+other applicable state laws.
1083+e.Nothing in this compact may be interpreted to waive or otherwise abrogate a
1084+member state's state action immunity or state action affirmative defense with
1085+respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
1086+or federal antitrust or anticompetitive law or regulation.
1087+f.Nothing in this compact may be construed to be a waiver of sovereign immunity
1088+by the member states or by the compact commission.
5071089 ARTICLE IX - DATA SYSTEM
508-1.The compact commission shall provide for the development, maintenance, operation, and
509-utilization of a coordinated data system.
1090+1.The compact commission shall provide for the development, maintenance, operation,
1091+and utilization of a coordinated data system.
5101092 2.The compact commission shall assign each applicant for a compact privilege a unique
5111093 identifier, as determined by the rules.
512-3.Notwithstanding any other provision of state law to the contrary, a member state shall submit a
513-uniform data set to the data system on all individuals to whom this compact is applicable as
514-required by the rules of the compact commission, including:
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1126+3.Notwithstanding any other provision of state law to the contrary, a member state shall
1127+submit a uniform data set to the data system on all individuals to whom this compact is
1128+applicable as required by the rules of the compact commission, including:
5151129 a.Identifying information;
5161130 b.Licensure data;
517-c.Adverse actions against a license or compact privilege and information related to the
518-adverse action;
519-d.Nonconfidential information related to alternative program participation, the beginning
520-and ending dates of the participation, and other information related to the participation
521-not made confidential under member state law;
1131+c.Adverse actions against a license or compact privilege and information related to
1132+the adverse action;
1133+d.Nonconfidential information related to alternative program participation, the
1134+beginning and ending dates of the participation, and other information related to
1135+the participation not made confidential under member state law;
5221136 e.Any denial of application for licensure, and the reason for the denial;
5231137 f.The presence of current significant investigative information; and
524-g.Other information that may facilitate the administration of this compact or the protection
525-of the public, as determined by the rules of the compact commission.
526-4.The records and information provided to a member state pursuant to this compact or through
527-the data system, when certified by the compact commission or an agent of the commission,
528-shall constitute the authenticated business records of the compact commission, and must be
529-entitled to any associated hearsay exception in a relevant judicial, quasi-judicial, or
530-administrative proceeding in a member state.
531-5.Current significant investigative information pertaining to a licensee in any member state will
532-be available only to other member states.
533-6.It is the responsibility of the member states to report any adverse action against a licensee
534-and to monitor the data system to determine whether any adverse action has been taken
535-against a licensee. Adverse action information pertaining to a licensee in any member state
536-will be available to any other member state.
537-7.Member states contributing information to the data system may designate information that
538-may not be shared with the public without the express permission of the contributing state.
539-8.Any information submitted to the data system which is subsequently expunged pursuant to
540-federal law or the laws of the member state contributing the information must be removed from
541-the data system. S. B. NO. 2223 - PAGE 14
1138+g.Other information that may facilitate the administration of this compact or the
1139+protection of the public, as determined by the rules of the compact commission.
1140+4.The records and information provided to a member state pursuant to this compact or
1141+through the data system, when certified by the compact commission or an agent of the
1142+commission, shall constitute the authenticated business records of the compact
1143+commission, and must be entitled to any associated hearsay exception in a relevant
1144+judicial, quasi-judicial, or administrative proceeding in a member state.
1145+5.Current significant investigative information pertaining to a licensee in any member
1146+state will be available only to other member states.
1147+6.It is the responsibility of the member states to report any adverse action against a
1148+licensee and to monitor the data system to determine whether any adverse action has
1149+been taken against a licensee. Adverse action information pertaining to a licensee in
1150+any member state will be available to any other member state.
1151+7.Member states contributing information to the data system may designate information
1152+that may not be shared with the public without the express permission of the
1153+contributing state.
1154+8.Any information submitted to the data system which is subsequently expunged
1155+pursuant to federal law or the laws of the member state contributing the information
1156+must be removed from the data system.
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5421190 ARTICLE X - RULEMAKING
543-1.The compact commission shall promulgate reasonable rules to effectively and efficiently
544-implement and administer the purposes and provisions of the compact. A rule has no force or
545-effect if a court of competent jurisdiction holds the rule is invalid because the compact
546-commission exercised its rulemaking authority in a manner that is beyond the scope and
547-purposes of the compact, or the powers granted under the compact, or based upon another
548-applicable standard of review.
549-2.The rules of the compact commission must have the force of law in each member state,
550-provided that if the rules conflict with the laws or regulations of a member state that relate to
551-the procedures, actions, and processes a licensed dietitian is permitted to undertake in that
552-state and the circumstances under which the licensed dietitian may do so, as held by a court
553-of competent jurisdiction, the rules of the compact commission are ineffective in that state to
554-the extent of the conflict.
555-3.The compact commission shall exercise its rulemaking powers pursuant to the criteria and
556-rules set forth and adopted under this section. Rules become binding on the day following
557-adoption or as of the date specified in the rule or amendment, whichever is later.
558-4.If a majority of the legislatures of the member states rejects a rule or portion of a rule, by
559-enactment of a statute or resolution in the same manner used to adopt the compact within four
560-years of the date of adoption of the rule, then the rule has no further force and effect in any
561-member state.
1191+1.The compact commission shall promulgate reasonable rules to effectively and
1192+efficiently implement and administer the purposes and provisions of the compact. A
1193+rule has no force or effect if a court of competent jurisdiction holds the rule is invalid
1194+because the compact commission exercised its rulemaking authority in a manner that
1195+is beyond the scope and purposes of the compact, or the powers granted under the
1196+compact, or based upon another applicable standard of review.
1197+2.The rules of the compact commission must have the force of law in each member
1198+state, provided that if the rules conflict with the laws or regulations of a member state
1199+that relate to the procedures, actions, and processes a licensed dietitian is permitted
1200+to undertake in that state and the circumstances under which the licensed dietitian
1201+may do so, as held by a court of competent jurisdiction, the rules of the compact
1202+commission are ineffective in that state to the extent of the conflict.
1203+3.The compact commission shall exercise its rulemaking powers pursuant to the criteria
1204+and rules set forth and adopted under this section. Rules become binding on the day
1205+following adoption or as of the date specified in the rule or amendment, whichever is
1206+later.
1207+4.If a majority of the legislatures of the member states rejects a rule or portion of a rule,
1208+by enactment of a statute or resolution in the same manner used to adopt the compact
1209+within four years of the date of adoption of the rule, then the rule has no further force
1210+and effect in any member state.
5621211 5.Rules must be adopted at a regular or special meeting of the compact commission.
563-6.Before adoption of a proposed rule, the compact commission shall hold a public hearing and
564-allow individuals to provide oral and written comments, data, facts, opinions, and arguments.
565-7.Before adoption of a proposed rule by the compact commission, and at least thirty days in
566-advance of the meeting at which the compact commission will hold a public hearing on the
567-proposed rule, the compact commission shall provide a notice of proposed rulemaking:
1212+6.Before adoption of a proposed rule, the compact commission shall hold a public
1213+hearing and allow individuals to provide oral and written comments, data, facts,
1214+opinions, and arguments.
1215+7.Before adoption of a proposed rule by the compact commission, and at least thirty
1216+days in advance of the meeting at which the compact commission will hold a public
1217+hearing on the proposed rule, the compact commission shall provide a notice of
1218+proposed rulemaking:
5681219 a.On the website of the compact commission or other publicly accessible platform;
569-b.To persons who have requested notice of the compact commission's notices of proposed
570-rulemaking; and
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1252+b.To persons who have requested notice of the compact commission's notices of
1253+proposed rulemaking; and
5711254 c.In such other way as the compact commission may by rule specify.
5721255 8.The notice of proposed rulemaking must include:
573-a.The time, date, and location of the public hearing at which the compact commission will
574-hear public comments on the proposed rule and, if different, the time, date, and location
575-of the meeting at which the compact commission will consider and vote on the proposed
576-rule;
1256+a.The time, date, and location of the public hearing at which the compact
1257+commission will hear public comments on the proposed rule and, if different, the
1258+time, date, and location of the meeting at which the compact commission will
1259+consider and vote on the proposed rule;
5771260 b.If the hearing is held via telecommunication, video conference, or other means of
578-communication, the compact commission shall include the mechanism for access to the
579-hearing in the notice of proposed rulemaking;
1261+communication, the compact commission shall include the mechanism for access
1262+to the hearing in the notice of proposed rulemaking;
5801263 c.The text of the proposed rule and the reason for the rule;
5811264 d.A request for comments on the proposed rule from any interested person; and
582-e.The manner in which interested persons may submit written comments. S. B. NO. 2223 - PAGE 15
583-9.All hearings will be recorded. A copy of the recording and all written comments and documents
584-received by the compact commission in response to the proposed rule must be available to
585-the public.
586-10.Nothing in this section may be construed as requiring a separate hearing on each rule. Rules
587-may be grouped for the convenience of the compact commission at hearings required by this
588-section.
589-11.The compact commission shall, by majority vote of all members, take final action on the
590-proposed rule based on the rulemaking record and the full text of the rule.
591-a.The compact commission may adopt changes to the proposed rule provided the changes
592-do not enlarge the original purpose of the proposed rule.
593-b.The compact commission shall provide an explanation of the reasons for substantive
594-changes made to the proposed rule as well as reasons for substantive changes not
595-made that were recommended by commenters.
596-c.The compact commission shall determine a reasonable effective date for the rule. Except
597-for an emergency as provided in subsection 12 of article X, the effective date of the rule
598-must be no sooner than thirty days after issuing the notice that the commission adopted
599-or amended the rule.
600-12.Upon determination that an emergency exists, the compact commission may consider and
601-adopt an emergency rule with twenty-four hours notice and with opportunity to comment,
602-provided that the usual rulemaking procedures provided in the compact and in this section
603-must be retroactively applied to the rule as soon as reasonably possible, in no event later than
604-ninety days after the effective date of the rule. For the purposes of this provision, an
605-emergency rule is one that must be adopted immediately in order to:
1265+e.The manner in which interested persons may submit written comments.
1266+9.All hearings will be recorded. A copy of the recording and all written comments and
1267+documents received by the compact commission in response to the proposed rule
1268+must be available to the public.
1269+10.Nothing in this section may be construed as requiring a separate hearing on each rule.
1270+Rules may be grouped for the convenience of the compact commission at hearings
1271+required by this section.
1272+11.The compact commission shall, by majority vote of all members, take final action on
1273+the proposed rule based on the rulemaking record and the full text of the rule.
1274+a.The compact commission may adopt changes to the proposed rule provided the
1275+changes do not enlarge the original purpose of the proposed rule.
1276+b.The compact commission shall provide an explanation of the reasons for
1277+substantive changes made to the proposed rule as well as reasons for
1278+substantive changes not made that were recommended by commenters.
1279+c.The compact commission shall determine a reasonable effective date for the rule.
1280+Except for an emergency as provided in subsection 12 of article X, the effective
1281+date of the rule must be no sooner than thirty days after issuing the notice that
1282+the commission adopted or amended the rule.
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1316+12.Upon determination that an emergency exists, the compact commission may consider
1317+and adopt an emergency rule with twenty-four hours notice and with opportunity to
1318+comment, provided that the usual rulemaking procedures provided in the compact and
1319+in this section must be retroactively applied to the rule as soon as reasonably possible,
1320+in no event later than ninety days after the effective date of the rule. For the purposes
1321+of this provision, an emergency rule is one that must be adopted immediately in order
1322+to:
6061323 a.Meet an imminent threat to public health, safety, or welfare;
6071324 b.Prevent a loss of compact commission or member state funds;
608-c.Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
1325+c.Meet a deadline for the promulgation of a rule that is established by federal law
1326+or rule; or
6091327 d.Protect public health and safety.
610-13.The compact commission or an authorized committee of the compact commission may direct
611-revision to a previously adopted rule for purposes of correcting typographical errors, errors in
612-format, errors in consistency, or grammatical errors. Public notice of any revision must be
613-posted on the website of the compact commission. The revision must be subject to challenge
614-by any person for a period of thirty days after posting. The revision may be challenged only on
615-grounds that the revision results in a material change to a rule. A challenge must be made in
616-writing and delivered to the compact commission before the end of the notice period. If no
617-challenge is made, the revision will take effect without further action. If the revision is
618-challenged, the revision may not take effect without the approval of the compact commission.
1328+13.The compact commission or an authorized committee of the compact commission may
1329+direct revision to a previously adopted rule for purposes of correcting typographical
1330+errors, errors in format, errors in consistency, or grammatical errors. Public notice of
1331+any revision must be posted on the website of the compact commission. The revision
1332+must be subject to challenge by any person for a period of thirty days after posting.
1333+The revision may be challenged only on grounds that the revision results in a material
1334+change to a rule. A challenge must be made in writing and delivered to the compact
1335+commission before the end of the notice period. If no challenge is made, the revision
1336+will take effect without further action. If the revision is challenged, the revision may not
1337+take effect without the approval of the compact commission.
6191338 14.A member state's rulemaking requirements may not apply under this compact.
6201339 ARTICLE XI - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
6211340 1.Oversight.
622-a.The executive and judicial branches of state government in each member state shall
623-enforce this compact and take all actions necessary and appropriate to implement this
624-compact. S. B. NO. 2223 - PAGE 16
625-b.Except as otherwise provided in this compact, venue is proper and judicial proceedings
626-by or against the compact commission must be brought solely and exclusively in a court
627-of competent jurisdiction where the principal office of the compact commission is located.
628-The compact commission may waive venue and jurisdictional defenses to the extent it
629-adopts or consents to participate in alternative dispute resolution proceedings. Nothing
630-herein shall affect or limit the selection or propriety of venue in any action against a
631-licensee for professional malpractice, misconduct, or any such similar matter.
1341+a.The executive and judicial branches of state government in each member state
1342+shall enforce this compact and take all actions necessary and appropriate to
1343+implement this compact.
1344+b.Except as otherwise provided in this compact, venue is proper and judicial
1345+proceedings by or against the compact commission must be brought solely and
1346+exclusively in a court of competent jurisdiction where the principal office of the
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1380+compact commission is located. The compact commission may waive venue and
1381+jurisdictional defenses to the extent it adopts or consents to participate in
1382+alternative dispute resolution proceedings. Nothing herein shall affect or limit the
1383+selection or propriety of venue in any action against a licensee for professional
1384+malpractice, misconduct, or any such similar matter.
6321385 c.The compact commission must be entitled to receive service of process in any
633-proceeding regarding the enforcement or interpretation of the compact and shall have
634-standing to intervene in that proceeding for all purposes. Failure to provide the compact
635-commission service of process shall render a judgment or order void as to the compact
636-commission, this compact, or promulgated rules.
1386+proceeding regarding the enforcement or interpretation of the compact and shall
1387+have standing to intervene in that proceeding for all purposes. Failure to provide
1388+the compact commission service of process shall render a judgment or order void
1389+as to the compact commission, this compact, or promulgated rules.
6371390 2.Default, technical assistance, and termination.
638-a.If the compact commission determines a member state has defaulted in the performance
639-of its obligations or responsibilities under this compact or the promulgated rules, the
640-compact commission shall provide written notice to the defaulting state. The notice of
641-default shall describe the default, the proposed means of curing the default, and any
642-other action that the compact commission may take and shall offer training and specific
643-technical assistance regarding the default.
1391+a.If the compact commission determines a member state has defaulted in the
1392+performance of its obligations or responsibilities under this compact or the
1393+promulgated rules, the compact commission shall provide written notice to the
1394+defaulting state. The notice of default shall describe the default, the proposed
1395+means of curing the default, and any other action that the compact commission
1396+may take and shall offer training and specific technical assistance regarding the
1397+default.
6441398 b.The compact commission shall provide a copy of the notice of default to the other
6451399 member states.
646-3.If a state in default fails to cure the default, the defaulting state may be terminated from the
647-compact upon an affirmative vote of a majority of the delegates of the member states, and all
648-rights, privileges, and benefits conferred on that state by this compact may be terminated on
649-the effective date of termination. A cure of the default does not relieve the offending state of
650-obligations or liabilities incurred during the period of default.
651-4.Termination of membership in the compact must be imposed only after all other means of
652-securing compliance have been exhausted. Notice of intent to suspend or terminate must be
653-given by the compact commission to the governor, the majority and minority leaders of the
654-defaulting state's legislature, the defaulting state's licensing authority, and each of the member
655-states licensing authority.
656-5.A state that has been terminated is responsible for all assessments, obligations, and liabilities
657-incurred through the effective date of termination, including obligations that extend beyond the
658-effective date of termination.
659-6.Upon the termination of a state's membership from this compact, that state shall immediately
660-provide notice to all licensees within that state of the termination. The terminated state shall
661-continue to recognize all compact privileges granted pursuant to this compact for a minimum
662-of six months after the date of the notice of termination.
663-7.The compact commission may not bear any costs related to a state that is found to be in
664-default or that has been terminated from the compact, unless agreed upon in writing between
665-the compact commission and the defaulting state.
666-8.The defaulting state may appeal the action of the compact commission by petitioning the
667-United States district court for the District of Columbia or the federal district where the
668-compact commission has its principal offices. The prevailing party must be awarded all costs
669-of the litigation, including reasonable attorney's fees.
670-9.Dispute resolution. S. B. NO. 2223 - PAGE 17
671-a.Upon request by a member state, the compact commission shall attempt to resolve
672-disputes related to the compact that arise among member states and between member
673-and nonmember states.
674-b.The compact commission shall promulgate a rule providing for both mediation and
675-binding dispute resolution for disputes as appropriate.
1400+3.If a state in default fails to cure the default, the defaulting state may be terminated
1401+from the compact upon an affirmative vote of a majority of the delegates of the
1402+member states, and all rights, privileges, and benefits conferred on that state by this
1403+compact may be terminated on the effective date of termination. A cure of the default
1404+does not relieve the offending state of obligations or liabilities incurred during the
1405+period of default.
1406+4.Termination of membership in the compact must be imposed only after all other means
1407+of securing compliance have been exhausted. Notice of intent to suspend or terminate
1408+must be given by the compact commission to the governor, the majority and minority
1409+leaders of the defaulting state's legislature, the defaulting state's licensing authority,
1410+and each of the member states licensing authority.
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1444+5.A state that has been terminated is responsible for all assessments, obligations, and
1445+liabilities incurred through the effective date of termination, including obligations that
1446+extend beyond the effective date of termination.
1447+6.Upon the termination of a state's membership from this compact, that state shall
1448+immediately provide notice to all licensees within that state of the termination. The
1449+terminated state shall continue to recognize all compact privileges granted pursuant to
1450+this compact for a minimum of six months after the date of the notice of termination.
1451+7.The compact commission may not bear any costs related to a state that is found to be
1452+in default or that has been terminated from the compact, unless agreed upon in writing
1453+between the compact commission and the defaulting state.
1454+8.The defaulting state may appeal the action of the compact commission by petitioning
1455+the United States district court for the District of Columbia or the federal district where
1456+the compact commission has its principal offices. The prevailing party must be
1457+awarded all costs of the litigation, including reasonable attorney's fees.
1458+9.Dispute resolution.
1459+a.Upon request by a member state, the compact commission shall attempt to
1460+resolve disputes related to the compact that arise among member states and
1461+between member and nonmember states.
1462+b.The compact commission shall promulgate a rule providing for both mediation
1463+and binding dispute resolution for disputes as appropriate.
6761464 10.Enforcement.
677-a.By supermajority vote, the compact commission may initiate legal action against a
678-member state in default in the United States district court for the District of Columbia or
679-the federal district where the compact commission has its principal offices to enforce
680-compliance with the provisions of the compact and its promulgated rules. The relief
681-sought may include both injunctive relief and damages. In the event judicial enforcement
682-is necessary, the prevailing party must be awarded all costs of the litigation, including
683-reasonable attorney's fees. The remedies herein may not be the exclusive remedies of
684-the compact commission. The compact commission may pursue any other remedies
685-available under federal or the defaulting member state's law.
686-b.A member state may initiate legal action against the compact commission in the United
687-States district court for the District of Columbia or the federal district where the compact
688-commission has its principal offices to enforce compliance with the provisions of the
689-compact and its promulgated rules. The relief sought may include both injunctive relief
690-and damages. In the event judicial enforcement is necessary, the prevailing party must
691-be awarded all costs of the litigation, including reasonable attorney's fees.
692-c.No party other than a member state may enforce this compact against the compact
693-commission.
1465+a.By supermajority vote, the compact commission may initiate legal action against
1466+a member state in default in the United States district court for the District of
1467+Columbia or the federal district where the compact commission has its principal
1468+offices to enforce compliance with the provisions of the compact and its
1469+promulgated rules. The relief sought may include both injunctive relief and
1470+damages. In the event judicial enforcement is necessary, the prevailing party
1471+must be awarded all costs of the litigation, including reasonable attorney's fees.
1472+The remedies herein may not be the exclusive remedies of the compact
1473+commission. The compact commission may pursue any other remedies available
1474+under federal or the defaulting member state's law.
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1508+b.A member state may initiate legal action against the compact commission in the
1509+United States district court for the District of Columbia or the federal district
1510+where the compact commission has its principal offices to enforce compliance
1511+with the provisions of the compact and its promulgated rules. The relief sought
1512+may include both injunctive relief and damages. In the event judicial enforcement
1513+is necessary, the prevailing party must be awarded all costs of the litigation,
1514+including reasonable attorney's fees.
1515+c.No party other than a member state may enforce this compact against the
1516+compact commission.
6941517 ARTICLE XII - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
695-1.The compact shall come into effect on the date on which the compact statute is enacted into
696-law in the seventh member state.
697-a.On or after the effective date of the compact, the compact commission shall convene and
698-review the enactment of each of the first seven member states, "charter member states",
699-to determine if the statute enacted by each charter member state is materially different
700-than the model compact statute.
701-(1)A charter member state whose enactment is found to be materially different from the
702-model compact statute must be entitled to the default process set forth in article XI.
703-(2)If any member state is later found to be in default, is terminated, or withdraws from
704-the compact, the compact commission shall remain in existence and the compact
705-shall remain in effect even if the number of member states is less than seven.
706-b.Member states enacting the compact subsequent to the seven initial charter member
707-states must be subject to the process set forth in subdivision u of subsection 3 of
708-article VIII to determine if the member state's enactments are materially different from the
709-model compact statute and whether the member states qualify for participation in the
710-compact.
711-c.All actions taken for the benefit of the compact commission or in furtherance of the
712-purposes of the administration of the compact before the effective date of the compact or
713-the compact commission coming into existence must be considered to be actions of the
714-compact commission unless specifically repudiated by the compact commission. S. B. NO. 2223 - PAGE 18
715-d.Any state that joins the compact subsequent to the compact commission's initial adoption
716-of the rules and bylaws is subject to the rules and bylaws as the rules and bylaws exist
717-on the date on which the compact becomes law in that state. Any rule that has been
718-adopted previously by the compact commission must have the full force and effect of law
719-on the day the compact becomes law in that state.
1518+1.The compact shall come into effect on the date on which the compact statute is
1519+enacted into law in the seventh member state.
1520+a.On or after the effective date of the compact, the compact commission shall
1521+convene and review the enactment of each of the first seven member states,
1522+"charter member states", to determine if the statute enacted by each charter
1523+member state is materially different than the model compact statute.
1524+(1)A charter member state whose enactment is found to be materially different
1525+from the model compact statute must be entitled to the default process set
1526+forth in article XI.
1527+(2)If any member state is later found to be in default, is terminated, or
1528+withdraws from the compact, the compact commission shall remain in
1529+existence and the compact shall remain in effect even if the number of
1530+member states is less than seven.
1531+b.Member states enacting the compact subsequent to the seven initial charter
1532+member states must be subject to the process set forth in subdivision u of
1533+subsection 3 of article VIII to determine if the member state's enactments are
1534+materially different from the model compact statute and whether the member
1535+states qualify for participation in the compact.
1536+c.All actions taken for the benefit of the compact commission or in furtherance of
1537+the purposes of the administration of the compact before the effective date of the
1538+compact or the compact commission coming into existence must be considered
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1572+to be actions of the compact commission unless specifically repudiated by the
1573+compact commission.
1574+d.Any state that joins the compact subsequent to the compact commission's initial
1575+adoption of the rules and bylaws is subject to the rules and bylaws as the rules
1576+and bylaws exist on the date on which the compact becomes law in that state.
1577+Any rule that has been adopted previously by the compact commission must
1578+have the full force and effect of law on the day the compact becomes law in that
1579+state.
7201580 2.Any member state may withdraw from this compact by enacting a statute repealing the
7211581 compact.
722-a.A member state's withdrawal may not take effect until one hundred eighty days after
723-enactment of the repealing statute.
724-b.Withdrawal may not affect the continuing requirement of the withdrawing state's licensing
725-authority to comply with the investigative and adverse action reporting requirements of
726-this compact before the effective date of withdrawal.
727-c.Upon the enactment of a statute withdrawing from this compact, a state immediately shall
728-provide notice of the withdrawal to all licensees within that state. Notwithstanding any
729-subsequent statutory enactment to the contrary, the withdrawing state shall continue to
730-recognize all compact privileges granted pursuant to this compact for a minimum of one
731-hundred eighty days after the date of the notice of withdrawal.
732-3.Nothing contained in this compact may be construed to invalidate or prevent any licensure
733-agreement or other cooperative arrangement between a member state and a nonmember
734-state that does not conflict with the provisions of this compact.
735-4.This compact may be amended by the member states. No amendment to this compact may
736-become effective and binding upon any member state until it is enacted into the laws of all
737-member states.
1582+a.A member state's withdrawal may not take effect until one hundred eighty days
1583+after enactment of the repealing statute.
1584+b.Withdrawal may not affect the continuing requirement of the withdrawing state's
1585+licensing authority to comply with the investigative and adverse action reporting
1586+requirements of this compact before the effective date of withdrawal.
1587+c.Upon the enactment of a statute withdrawing from this compact, a state
1588+immediately shall provide notice of the withdrawal to all licensees within that
1589+state. Notwithstanding any subsequent statutory enactment to the contrary, the
1590+withdrawing state shall continue to recognize all compact privileges granted
1591+pursuant to this compact for a minimum of one hundred eighty days after the date
1592+of the notice of withdrawal.
1593+3.Nothing contained in this compact may be construed to invalidate or prevent any
1594+licensure agreement or other cooperative arrangement between a member state and a
1595+nonmember state that does not conflict with the provisions of this compact.
1596+4.This compact may be amended by the member states. No amendment to this compact
1597+may become effective and binding upon any member state until it is enacted into the
1598+laws of all member states.
7381599 ARTICLE XIII - CONSTRUCTION AND SEVERABILITY
739-1.This compact and the compact commission's rulemaking authority must be liberally construed
740-so as to effectuate the purposes and the implementation and administration of the compact.
741-Provisions of the compact expressly authorizing or requiring the promulgation of rules may not
742-be construed to limit the compact commission's rulemaking authority solely for those
743-purposes.
744-2.The provisions of this compact must be severable and if any phrase, clause, sentence, or
745-provision of this compact is held by a court of competent jurisdiction to be contrary to the
746-constitution of any member state, a state seeking participation in the compact, or of the United
747-States, or the applicability thereof to any government, agency, person, or circumstance is held
748-to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
749-compact and the applicability thereof to any other government, agency, person, or
750-circumstance shall not be affected thereby.
751-3.Notwithstanding subsection 2, the compact commission may deny a state's participation in the
752-compact or, in accordance with the requirements of subsection 2 of article XI, terminate a
753-member state's participation in the compact, if it determines that a constitutional requirement
754-of a member state is a material departure from the compact. Otherwise, if this compact must
755-be held to be contrary to the constitution of any member state, the compact shall remain in full
756-force and effect as to the remaining member states and in full force and effect as to the
757-member state affected as to all severable matters.
1600+1.This compact and the compact commission's rulemaking authority must be liberally
1601+construed so as to effectuate the purposes and the implementation and administration
1602+of the compact. Provisions of the compact expressly authorizing or requiring the
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1636+promulgation of rules may not be construed to limit the compact commission's
1637+rulemaking authority solely for those purposes.
1638+2.The provisions of this compact must be severable and if any phrase, clause, sentence,
1639+or provision of this compact is held by a court of competent jurisdiction to be contrary
1640+to the constitution of any member state, a state seeking participation in the compact,
1641+or of the United States, or the applicability thereof to any government, agency, person,
1642+or circumstance is held to be unconstitutional by a court of competent jurisdiction, the
1643+validity of the remainder of this compact and the applicability thereof to any other
1644+government, agency, person, or circumstance shall not be affected thereby.
1645+3.Notwithstanding subsection 2, the compact commission may deny a state's
1646+participation in the compact or, in accordance with the requirements of subsection 2 of
1647+article XI, terminate a member state's participation in the compact, if it determines that
1648+a constitutional requirement of a member state is a material departure from the
1649+compact. Otherwise, if this compact must be held to be contrary to the constitution of
1650+any member state, the compact shall remain in full force and effect as to the remaining
1651+member states and in full force and effect as to the member state affected as to all
1652+severable matters.
7581653 ARTICLE XIV - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
759-1.Nothing herein may prevent or inhibit the enforcement of any other law of a member state that
760-is not inconsistent with the compact. S. B. NO. 2223 - PAGE 19
761-2.Any laws, statutes, regulations, or other legal requirements in a member state in conflict with
762-the compact are superseded to the extent of the conflict.
763-3.All permissible agreements between the compact commission and the member states are
764-binding in accordance with the terms of the agreement. S. B. NO. 2223 - PAGE 20
765-____________________________ ____________________________
766-President of the Senate Speaker of the House
767-____________________________ ____________________________
768-Secretary of the Senate Chief Clerk of the House
769-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
770-Dakota and is known on the records of that body as Senate Bill No. 2223.
771-Senate Vote:Yeas 43 Nays 3 Absent 1
772-House Vote: Yeas 84 Nays 5 Absent 5
773-____________________________
774-Secretary of the Senate
775-Received by the Governor at ________M. on _____________________________________, 2025.
776-Approved at ________M. on __________________________________________________, 2025.
777-____________________________
778-Governor
779-Filed in this office this ___________day of _______________________________________, 2025,
780-at ________ o’clock ________M.
781-____________________________
782-Secretary of State
1654+1.Nothing herein may prevent or inhibit the enforcement of any other law of a member
1655+state that is not inconsistent with the compact.
1656+2.Any laws, statutes, regulations, or other legal requirements in a member state in
1657+conflict with the compact are superseded to the extent of the conflict.
1658+3.All permissible agreements between the compact commission and the member states
1659+are binding in accordance with the terms of the agreement.
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