Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2223
(Senators Barta, Axtman, Burckhard)
(Representatives Bahl, Frelich)
AN ACT to create and enact chapter 43-44.1 of the North Dakota Century Code, relating to adoption of
the dietitian licensure compact.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. Chapter 43-44.1 of the North Dakota Century Code is created and enacted as follows:
43 - 44.1 - 01. Dietitian licensure compact.
The dietitian licensure compact is entered with all states legally joining the compact, in the form
substantially as follows:
ARTICLE I - PURPOSE
1.The purpose of this compact is to facilitate interstate practice of dietetics with the goal of
improving public access to dietetic services. This compact preserves the regulatory authority
of states to protect public health and safety through the current system of state licensure,
while also providing for licensure portability through a compact privilege granted to qualifying
professionals.
2.This compact is designed to achieve the following objectives:
a.Increase public access to dietetic services;
b.Provide opportunities for interstate practice by licensed dietitians who meet uniform
requirements;
c.Eliminate the necessity for licenses in multiple states;
d.Reduce the administrative burden on member states and licensees;
e.Enhance the ability of member states to protect the public's health and safety;
f.Encourage the cooperation of member states in regulating the multistate practice of
licensed dietitians;
g.Support relocating active military members and the member's spouse;
h.Enhance the exchange of licensure, investigative, and disciplinary information among
member states; and
i.Vest all member states with the authority to hold a licensed dietitian accountable for
meeting all state practice laws in the state in which the patient is located at the time care
is rendered.
ARTICLE II - DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions apply:
1."ACEND" means the accreditation council for education in nutrition and dietetics or its
successor organization. S. B. NO. 2223 - PAGE 2
2."Active military member" means any individual with full-time duty status in the active armed
forces of the United States, including members of the national guard and reserve.
3."Adverse action" means any administrative, civil, equitable, or criminal action permitted by a
state's laws which is imposed by a licensing authority or other authority against a licensee,
including actions against an individual's license or compact privilege such as revocation,
suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any
other encumbrance on licensure affecting a licensee's authorization to practice, including
issuance of a cease and desist action.
4."Alternative program" means a nondisciplinary monitoring or practice remediation process
approved by a licensing authority.
5."CDR" means the commission on dietetic registration or its successor organization.
6."Charter member state" means any member state that enacted this compact by law before the
effective date specified in article XII.
7."Compact commission" means the government agency whose membership consists of all
states that have enacted this compact, which is known as the dietitian licensure compact
commission, as described in article VIII, and which shall operate as an instrumentality of the
member states.
8."Compact privilege" means a legal authorization, which is equivalent to a license, permitting
the practice of dietetics in a remote state.
9."Continuing education" means a requirement, as a condition of license renewal, to provide
evidence of participation in, and completion of, educational and professional activities relevant
to practice or area of work.
10."Current significant investigative information" means investigative information that:
a.A licensing authority, after a preliminary inquiry that includes notification and an
opportunity for the subject licensee to respond, if required by state law, has reason to
believe is not groundless and, if proved true, would indicate more than a minor infraction;
or
b.Indicates that the subject licensee represents an immediate threat to public health and
safety regardless of whether the subject licensee has been notified and had an
opportunity to respond.
11."Data system" means a repository of information about licensees, including continuing
education, examination, licensure, investigative, compact privilege, and adverse action
information.
12."Encumbered license" means a license in which an adverse action restricts a licensee's ability
to practice dietetics.
13."Encumbrance" means a revocation or suspension of, or any limitation on a licensee's full and
unrestricted practice of dietetics by a licensing authority.
14."Executive committee" means a group of delegates elected or appointed to act on behalf of,
and within the powers granted to them by, this compact, and the compact commission.
15."Home state" means the member state that is the licensee's primary state of residence or that
has been designated pursuant to article XI.
16."Investigative information" means information, records, and documents received or generated
by a licensing authority pursuant to an investigation. S. B. NO. 2223 - PAGE 3
17."Jurisprudence requirement" means an assessment of an individual's knowledge of the state
laws and regulations governing the practice of dietetics in the state.
18."License" means an authorization from a member state to either:
a.Engage in the practice of dietetics, including medical nutrition therapy; or
b.Use the title "dietitian", "licensed dietitian", "licensed dietitian nutritionist", "certified
dietitian", or other title describing a substantially similar practitioner as the compact
commission may further define by rule.
19."Licensee" or "licensed dietitian" means an individual who currently holds a license and who
meets all of the requirements outlined in article IV.
20."Licensing authority" means the board or agency of a state, or equivalent, that is responsible
for the licensing and regulation of the practice of dietetics.
21."Member state" means a state that has enacted the compact.
22."Practice of dietetics" means the synthesis and application of dietetics as defined by state law
and regulations, primarily for the provision of nutrition care services, including medical nutrition
therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical
conditions, and promote wellness.
23."Registered dietitian" means an individual who:
a.Has completed applicable education, experience, examination, and recertification
requirements approved by CDR;
b.Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and
c.Is legally authorized to use the title registered dietitian or registered dietitian nutritionist
and the corresponding abbreviations "RD" or "RDN".
24."Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise a compact privilege.
25."Rule" means a regulation promulgated by the compact commission which has the force of
law.
26."Single state license" means a license issued by a member state within the issuing state and
does not include a compact privilege in any other member state.
27."State" means any state, commonwealth, district, or territory of the United States of America.
28."Unencumbered license" means a license that authorizes a licensee to engage in the full and
unrestricted practice of dietetics.
ARTICLE III - STATE PARTICIPATION IN THE COMPACT
1.To participate in the compact, a state shall currently:
a.License and regulate the practice of dietetics; and
b.Have a mechanism in place for receiving and investigating complaints about licensees.
2.A member state shall:
a.Participate fully in the compact commission's data system, including using the unique
identifier as defined in rules; S. B. NO. 2223 - PAGE 4
b.Notify the compact commission, in compliance with the terms of the compact and rules,
of any adverse action or the availability of current significant investigative information
regarding a licensee;
c.Implement or utilize procedures for considering the criminal history record information of
applicants for an initial compact privilege. These procedures must include the submission
of fingerprints or other biometric-based information by applicants for the purpose of
obtaining an applicant's criminal history record information from the federal bureau of
investigation and the agency responsible for retaining that state's criminal records;
(1)A member state shall fully implement a criminal history record information
requirement, within a time frame established by rule, which includes receiving the
results of the federal bureau of investigation record search, and shall use those
results in determining compact privilege eligibility.
(2)Communication between a member state and the compact commission or among
member states regarding the verification of eligibility for a compact privilege may not
include any information received from the federal bureau of investigation relating to
a federal criminal history record information check performed by a member state.
d.Comply with and enforce the rules of the compact commission;
e.Require an applicant for a compact privilege to obtain or retain a license in the licensee's
home state and meet the home state's qualifications for licensure or renewal of licensure,
as well as all other applicable state laws; and
f.Recognize a compact privilege granted to a licensee who meets all of the requirements
outlined in article IV under the terms of the compact and rules.
3.Member states may set and collect a fee for granting a compact privilege.
4.Individuals not residing in a member state shall continue to be able to apply for a member
state's single state license as provided under the laws of each member state. However, the
single state license granted to these individuals may not be recognized as granting a compact
privilege to engage in the practice of dietetics in any other member state.
5.Nothing in this compact may affect the requirements established by a member state for the
issuance of a single state license.
6.The compact commission may not define the requirements for the issuance of a single state
license to practice dietetics. The member states shall retain sole jurisdiction over the provision
of these requirements.
ARTICLE IV - COMPACT PRIVILEGE
1.To exercise the compact privilege under the terms and provisions of the compact, the licensee
shall:
a.Satisfy one of the following:
(1)Hold a valid current registration that gives the applicant the right to use the term
registered dietitian; or
(2)Complete all of the following:
(a)An education program which is either:
[1]A master's degree or doctoral degree that is programmatically accredited
by ACEND or a dietetics accrediting agency recognized by the United S. B. NO. 2223 - PAGE 5
States department of education, which the compact commission may by
rule determine, and from a college or university accredited at the time of
graduation by the appropriate regional accrediting agency recognized by
the council on higher education accreditation and the United States
department of education; or
[2]An academic degree from a college or university in a foreign country
equivalent to the degree described in subparagraph (a) that is
programmatically accredited by ACEND or a dietetics accrediting agency
recognized by the United States department of education, which the
compact commission may by rule determine.
(b)A planned, documented, supervised practice experience in dietetics that is
programmatically accredited by ACEND or a dietetics accrediting agency
recognized by the United States department of education, which the compact
commission may by rule determine and which involves at least one thousand
hours of practice experience under the supervision of a registered dietitian or
a licensed dietitian.
(c)Successful completion of either the registration examination for dietitians
administered by CDR or a national credentialing examination for dietitians
approved by the compact commission by rule, with completion occurring no
more than five years before the date of the licensee's application for initial
licensure and accompanied by a period of continuous licensure thereafter, all
of which may be further governed by the rules of the compact commission.
b.Hold an unencumbered license in the home state;
c.Notify the compact commission that the licensee is seeking a compact privilege within a
remote state;
d.Pay any applicable fees, including any state fee, for the compact privilege;
e.Meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a compact privilege; and
f.Report to the compact commission any adverse action, encumbrance, or restriction on a
license taken by any nonmember state within thirty days from the date the action is
taken.
2.The compact privilege is valid until the expiration date of the home state license. To maintain a
compact privilege, renewal of the compact privilege must be congruent with the renewal of the
home state license as the compact commission may define by rule. The licensee shall comply
with the requirements of subsection 1 of article IV to maintain the compact privilege in the
remote state.
3.A licensee exercising a compact privilege shall adhere to the laws and regulations of the
remote state. Licensees must be responsible for educating themselves on, and complying
with, all state laws relating to the practice of dietetics in the remote state.
4.Notwithstanding anything to the contrary provided in this compact or state law, a licensee
exercising a compact privilege may not be required to complete continuing education
requirements required by a remote state. A licensee exercising a compact privilege only is
required to meet any continuing education requirements as required by the home state.
ARTICLE V - OBTAINING A NEW HOME STATE LICENSEBASED ON A COMPACT PRIVILEGE S. B. NO. 2223 - PAGE 6
1.A licensee may hold a home state license, which allows for a compact privilege in other
member states, in only one member state at a time.
2.If a licensee changes home state by moving between two member states:
a.The licensee shall file an application for obtaining a new home state license based on a
compact privilege, pay all applicable fees, and notify the current and new home state in
accordance with the rules of the compact commission.
b.Upon receipt of an application for obtaining a new home state license by virtue of a
compact privilege, the new home state shall verify that the licensee meets the criteria in
article IV via the data system, and require that the licensee complete:
(1)A federal bureau of investigation fingerprint-based criminal history record
information check;
(2)Any other criminal history record information required by the new home state; and
(3)Any jurisprudence requirements of the new home state.
c.The former home state shall convert the former home state license into a compact
privilege once the new home state has activated the new home state license in
accordance with applicable rules adopted by the compact commission.
d.Notwithstanding any other provision of this compact, if the licensee cannot meet the
criteria in article IV, the new home state may apply its requirements for issuing a new
single state license.
e.The licensee shall pay all applicable fees to the new home state to be issued a new
home state license.
3.If a licensee changes the licensee's state of residence by moving from a member state to a
nonmember state, or from a nonmember state to a member state, the state criteria shall apply
for issuance of a single state license in the new state.
4.Nothing in this compact may interfere with a licensee's ability to hold a single state license in
multiple states; however, for the purposes of this compact, a licensee may have only one
home state license.
5.Nothing in this compact may affect the requirements established by a member state for the
issuance of a single state license.
ARTICLE VI - ACTIVE MILITARY MEMBERS
OR THE MEMBER'S SPOUSE
An active military member, or the member's spouse, shall designate a home state where the
individual has a current license in good standing. The individual may retain the home state designation
during the period the service member is on active duty.
ARTICLE VII - ADVERSE ACTIONS
1.In addition to the other powers conferred by state law, a remote state must have the authority,
under state due process law, to:
a.Take adverse action against a licensee's compact privilege within that member state; and
b.Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a
licensing authority in a member state for the attendance and testimony of witnesses or S. B. NO. 2223 - PAGE 7
the production of evidence from another member state must be enforced in the latter
state by any court of competent jurisdiction, according to the practice and procedure
applicable to subpoenas issued in proceedings pending before that court. The issuing
authority shall pay any witness fees, travel expenses, mileage, and other fees required
by the service statutes of the state in which the witnesses or evidence are located.
2.Only the home state may have the power to take adverse action against a licensee's home
state license.
3.For purposes of taking adverse action, the home state shall give the same priority and effect
to reported conduct received from a member state as it would if the conduct had occurred
within the home state. In so doing, the home state shall apply its own state laws to determine
appropriate action.
4.The home state shall complete any pending investigations of a licensee who changes home
states during the course of the investigations. The home state must have authority to take
appropriate action and shall promptly report the conclusions of the investigations to the
administrator of the data system. The administrator of the data system shall promptly notify
the new home state of any adverse actions.
5.A member state, if otherwise permitted by state law, may recover from the affected licensee
the costs of investigations and dispositions of cases resulting from any adverse action taken
against that licensee.
6.A member state may take adverse action based on the factual findings of another remote
state, provided that the member state follows its own procedures for taking the adverse action.
7.Joint investigations:
a.In addition to the authority granted to a member state by its respective state law, any
member state may participate with other member states in joint investigations of
licensees.
b.Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint investigations initiated under the compact.
8.If adverse action is taken by the home state against a licensee's home state license resulting
in an encumbrance on the home state license, the licensee's compact privilege in all other
member states must be revoked until all encumbrances have been removed from the home
state license. All home state disciplinary orders that impose adverse action against a licensee
must include a statement that the licensee's compact privileges are revoked in all member
states during the pendency of the order.
9.Once an encumbered license in the home state is restored to an unencumbered license, as
certified by the home state's licensing authority, the licensee shall meet the requirements of
subsection 1 of article IV and follow the administrative requirements to reapply to obtain a
compact privilege in any remote state.
10.If a member state takes adverse action, the member state promptly shall notify the
administrator of the data system. The administrator of the data system promptly shall notify
the other member states of any adverse actions.
11.Nothing in this compact may override a member state's decision that participation in an
alternative program may be used in lieu of adverse action.
ARTICLE VIII - ESTABLISHMENT OF THE DIETITIAN
LICENSURE COMPACT COMMISSION S. B. NO. 2223 - PAGE 8
1.The compact member states hereby create and establish a joint government agency whose
membership consists of all member states that have enacted the compact known as the
dietitian licensure compact commission. The compact commission is an instrumentality of the
compact states acting jointly and not an instrumentality of any one state. The compact
commission shall come into existence on or after the effective date of the compact as set forth
in article XII.
2.Membership, voting, and meetings.
a.Each member state must have and be limited to one delegate selected by that member
state's licensing authority.
b.The delegate must be the primary administrator of the licensing authority or the licensing
authority's designee.
c.The compact commission shall by rule or bylaw establish a term of office for delegates
and may by rule or bylaw establish term limits.
d.The compact commission may recommend removal or suspension of any delegate from
office.
e.A member state's licensing authority shall fill any vacancy of its delegate occurring on the
compact commission within sixty days of the vacancy.
f.Each delegate must be entitled to one vote on all matters before the compact
commission requiring a vote by the delegates.
g.Delegates shall meet and vote by the means set forth in the bylaws. The bylaws may
provide for delegates to meet and vote in-person or by telecommunication, video
conference, or other means of communication.
h.The compact commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The compact commission may meet in-
person or by telecommunication, video conference, or other means of communication.
3.The compact commission has the power to:
a.Establish the fiscal year of the compact commission;
b.Establish code of conduct and conflict of interest policies;
c.Establish and amend rules and bylaws;
d.Maintain the commission's financial records in accordance with the bylaws;
e.Meet and take actions consistent with the provisions of this compact, the compact
commission's rules, and the bylaws;
f.Initiate and conclude legal proceedings or actions in the name of the compact
commission, provided that the standing of any licensing authority to sue or be sued under
applicable law may not be affected;
g.Maintain and certify records and information provided to a member state as the
authenticated business records of the compact commission, and designate an agent to
do so on the compact commission's behalf;
h.Purchase and maintain insurance and bonds;
i.Borrow, accept, or contract for services of personnel, including employees of a member
state; S. B. NO. 2223 - PAGE 9
j.Conduct an annual financial review;
k.Hire employees, elect or appoint officers, fix compensation, define duties, grant those
individuals appropriate authority to carry out the purposes of the compact, and establish
the compact commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
l.Assess and collect fees;
m.Accept all appropriate donations, grants of money, other sources of revenue, equipment,
supplies, materials, services, and gifts, and receive, utilize, and dispose of the same
provided that at all times the compact commission shall avoid any actual or appearance
of impropriety or conflict of interest;
n.Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
o.Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property real, personal, or mixed;
p.Establish a budget and make expenditures;
q.Borrow money;
r.Appoint committees, including standing committees, composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and
other interested persons as may be designated in this compact or the bylaws;
s.Provide and receive information from, and cooperate with, law enforcement agencies;
t.Establish and elect an executive committee, including a chair and a vice chair;
u.Determine whether a state's adopted language is materially different from the model
compact language such that the state would not qualify for participation in the compact;
and
v.Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
4.The executive committee.
a.The executive committee must have the power to act on behalf of the compact
commission according to the terms of this compact. The powers, duties, and
responsibilities of the executive committee shall include:
(1)Overseeing the day-to-day activities of the administration of the compact, including
enforcement and compliance with the provisions of the compact, its rules and
bylaws, and other duties as deemed necessary;
(2)Recommending to the compact commission changes to the rules or bylaws,
changes to this compact legislation, fees charged to compact member states, fees
charged to licensees, and other fees;
(3)Ensuring compact administration services are provided appropriately, including by
contract;
(4)Preparing and recommending the budget;
(5)Maintaining financial records on behalf of the compact commission; S. B. NO. 2223 - PAGE 10
(6)Monitoring compact compliance of member states and providing compliance reports
to the compact commission;
(7)Establishing additional committees as necessary;
(8)Exercising the powers and duties of the compact commission during the interim
between compact commission meetings, except for adopting or amending rules,
adopting or amending bylaws, and exercising any other powers and duties
expressly reserved to the compact commission by rule or bylaw; and
(9)Other duties as provided in the rules or bylaws of the compact commission.
b.The executive committee must be composed of nine members:
(1)The chair and vice chair of the compact commission, which must be voting
members of the executive committee;
(2)Five voting members from the current membership of the compact commission,
elected by the compact commission;
(3)One ex officio, nonvoting member from a recognized professional association
representing dietitians; and
(4)One ex officio, nonvoting member from a recognized national credentialing
organization for dietitians.
c.The compact commission may remove any member of the executive committee as
provided in the compact commission's bylaws.
d.The executive committee shall meet at least annually.
(1)Executive committee meetings must be open to the public, except that the executive
committee may meet in a closed, nonpublic meeting as provided in subdivision b of
subsection 6.
(2)The executive committee shall give thirty days notice of its meetings, posted on the
website of the compact commission and as determined to provide notice to persons
with an interest in the business of the compact commission.
(3)The executive committee may hold a special meeting in accordance with
paragraph 2 of subdivision a of subsection 6.
5.The compact commission shall adopt and provide to the member states an annual report.
6.Meetings of the compact commission.
a.All meetings must be open to the public, except that the compact commission may meet
in a closed, nonpublic meeting as provided in subdivision b of subsection 6.
(1)Public notice for all meetings of the full compact commission must be given in the
same manner as required under the rulemaking provisions in article X, except that
the compact commission may hold a special meeting as provided in paragraph 2 of
subdivision a of subsection 6.
(2)The compact commission may hold a special meeting when it must meet to conduct
emergency business by giving twenty-four hours notice to all member states, on the
compact commission's website, and other means as provided in the compact
commission's rules. The compact commission's legal counsel shall certify that the
compact commission's need to meet qualifies as an emergency. S. B. NO. 2223 - PAGE 11
b.The compact commission or the executive committee or other committees of the
compact commission may convene in a closed, nonpublic meeting for the compact
commission or executive committee or other committees of the compact commission to
receive legal advice or to discuss:
(1)Noncompliance of a member state with its obligations under the compact;
(2)The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees;
(3)Current or threatened discipline of a licensee by the compact commission or by a
member state's licensing authority;
(4)Current, threatened, or reasonably anticipated litigation;
(5)Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(6)Accusing a person of a crime or formally censuring a person;
(7)Trade secrets or commercial or financial information that is privileged or
confidential;
(8)Information of a personal nature if disclosure would constitute a clearly unwarranted
invasion of personal privacy;
(9)Investigative records compiled for law enforcement purposes;
(10)Information related to any investigative reports prepared by or on behalf of or for
use of the compact commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact;
(11)Matters specifically exempted from disclosure by federal or member state law; or
(12)Other matters as specified in the rules of the compact commission.
c.If a meeting or portion of a meeting is closed, the presiding officer shall state the meeting
will be closed and reference each relevant exempting provision and the reference must
be recorded in the minutes.
d.The compact commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and provide a full and accurate summary of actions taken and the
reasons for taking the action, including a description of the views expressed. The
documents considered in connection with an action must be identified in the minutes. The
minutes and documents of a closed meeting must remain under seal, subject to release
only by a majority vote of the compact commission or order of a court of competent
jurisdiction.
7.Financing of the compact commission.
a.The compact commission shall pay, or provide for the payment of, the reasonable
expenses of the commission's establishment, organization, and ongoing activities.
b.The compact commission may accept all appropriate revenue sources as provided in
subdivision m of subsection 3.
c.The compact commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom it grants a
compact privilege to cover the cost of the operations and activities of the compact S. B. NO. 2223 - PAGE 12
commission and its staff which must, in a total amount, be sufficient to cover its annual
budget as approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount for member states must be allocated based upon
a formula that the compact commission shall promulgate by rule.
d.The compact commission may not incur an obligation before securing the funds
adequate to meet the obligation, nor shall the compact commission pledge the credit of
any of the member states, except by and with the authority of the member state.
e.The compact commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the compact commission must be
subject to the financial review and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the compact commission
must be subject to an annual financial review by a certified or licensed public accountant
and the report of the financial review must be included in and become part of the annual
report of the compact commission.
8.Qualified immunity, defense, and indemnification.
a.The members, officers, executive director, employees, and representatives of the
compact commission must be immune from suit and liability, both personally and in their
official capacity, for any claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act, error, or omission that
occurred, or that the individual against whom the claim is made had a reasonable basis
for believing occurred within the scope of compact commission employment, duties, or
responsibilities provided that nothing in this subdivision may be construed to protect the
individual from suit or liability for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of that individual. The procurement of insurance
of any type by the compact commission may not compromise or limit the immunity
granted hereunder.
b.The compact commission shall defend any member, officer, executive director, employee,
and representative of the compact commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred within the
scope of compact commission employment, duties, or responsibilities, or as determined
by the compact commission that the individual against whom the claim is made had a
reasonable basis for believing occurred within the scope of compact commission
employment, duties, or responsibilities provided that nothing herein may be construed to
prohibit that individual from retaining the individual's own counsel at the individual's own
expense and provided further that the actual or alleged act, error, or omission did not
result from that individual's intentional, willful, or wanton misconduct.
c.The compact commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the compact commission for the
amount of any settlement or judgment obtained against that individual arising out of any
actual or alleged act, error, or omission that occurred within the scope of compact
commission employment, duties, or responsibilities, or that the individual had a
reasonable basis for believing occurred within the scope of compact commission
employment, duties, or responsibilities provided that the actual or alleged act, error, or
omission did not result from the intentional, willful, or wanton misconduct of that
individual.
d.Nothing herein may be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which must be governed solely by any other
applicable state laws. S. B. NO. 2223 - PAGE 13
e.Nothing in this compact may be interpreted to waive or otherwise abrogate a member
state's state action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation.
f.Nothing in this compact may be construed to be a waiver of sovereign immunity by the
member states or by the compact commission.
ARTICLE IX - DATA SYSTEM
1.The compact commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data system.
2.The compact commission shall assign each applicant for a compact privilege a unique
identifier, as determined by the rules.
3.Notwithstanding any other provision of state law to the contrary, a member state shall submit a
uniform data set to the data system on all individuals to whom this compact is applicable as
required by the rules of the compact commission, including:
a.Identifying information;
b.Licensure data;
c.Adverse actions against a license or compact privilege and information related to the
adverse action;
d.Nonconfidential information related to alternative program participation, the beginning
and ending dates of the participation, and other information related to the participation
not made confidential under member state law;
e.Any denial of application for licensure, and the reason for the denial;
f.The presence of current significant investigative information; and
g.Other information that may facilitate the administration of this compact or the protection
of the public, as determined by the rules of the compact commission.
4.The records and information provided to a member state pursuant to this compact or through
the data system, when certified by the compact commission or an agent of the commission,
shall constitute the authenticated business records of the compact commission, and must be
entitled to any associated hearsay exception in a relevant judicial, quasi-judicial, or
administrative proceeding in a member state.
5.Current significant investigative information pertaining to a licensee in any member state will
be available only to other member states.
6.It is the responsibility of the member states to report any adverse action against a licensee
and to monitor the data system to determine whether any adverse action has been taken
against a licensee. Adverse action information pertaining to a licensee in any member state
will be available to any other member state.
7.Member states contributing information to the data system may designate information that
may not be shared with the public without the express permission of the contributing state.
8.Any information submitted to the data system which is subsequently expunged pursuant to
federal law or the laws of the member state contributing the information must be removed from
the data system. S. B. NO. 2223 - PAGE 14
ARTICLE X - RULEMAKING
1.The compact commission shall promulgate reasonable rules to effectively and efficiently
implement and administer the purposes and provisions of the compact. A rule has no force or
effect if a court of competent jurisdiction holds the rule is invalid because the compact
commission exercised its rulemaking authority in a manner that is beyond the scope and
purposes of the compact, or the powers granted under the compact, or based upon another
applicable standard of review.
2.The rules of the compact commission must have the force of law in each member state,
provided that if the rules conflict with the laws or regulations of a member state that relate to
the procedures, actions, and processes a licensed dietitian is permitted to undertake in that
state and the circumstances under which the licensed dietitian may do so, as held by a court
of competent jurisdiction, the rules of the compact commission are ineffective in that state to
the extent of the conflict.
3.The compact commission shall exercise its rulemaking powers pursuant to the criteria and
rules set forth and adopted under this section. Rules become binding on the day following
adoption or as of the date specified in the rule or amendment, whichever is later.
4.If a majority of the legislatures of the member states rejects a rule or portion of a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact within four
years of the date of adoption of the rule, then the rule has no further force and effect in any
member state.
5.Rules must be adopted at a regular or special meeting of the compact commission.
6.Before adoption of a proposed rule, the compact commission shall hold a public hearing and
allow individuals to provide oral and written comments, data, facts, opinions, and arguments.
7.Before adoption of a proposed rule by the compact commission, and at least thirty days in
advance of the meeting at which the compact commission will hold a public hearing on the
proposed rule, the compact commission shall provide a notice of proposed rulemaking:
a.On the website of the compact commission or other publicly accessible platform;
b.To persons who have requested notice of the compact commission's notices of proposed
rulemaking; and
c.In such other way as the compact commission may by rule specify.
8.The notice of proposed rulemaking must include:
a.The time, date, and location of the public hearing at which the compact commission will
hear public comments on the proposed rule and, if different, the time, date, and location
of the meeting at which the compact commission will consider and vote on the proposed
rule;
b.If the hearing is held via telecommunication, video conference, or other means of
communication, the compact commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;
c.The text of the proposed rule and the reason for the rule;
d.A request for comments on the proposed rule from any interested person; and
e.The manner in which interested persons may submit written comments. S. B. NO. 2223 - PAGE 15
9.All hearings will be recorded. A copy of the recording and all written comments and documents
received by the compact commission in response to the proposed rule must be available to
the public.
10.Nothing in this section may be construed as requiring a separate hearing on each rule. Rules
may be grouped for the convenience of the compact commission at hearings required by this
section.
11.The compact commission shall, by majority vote of all members, take final action on the
proposed rule based on the rulemaking record and the full text of the rule.
a.The compact commission may adopt changes to the proposed rule provided the changes
do not enlarge the original purpose of the proposed rule.
b.The compact commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not
made that were recommended by commenters.
c.The compact commission shall determine a reasonable effective date for the rule. Except
for an emergency as provided in subsection 12 of article X, the effective date of the rule
must be no sooner than thirty days after issuing the notice that the commission adopted
or amended the rule.
12.Upon determination that an emergency exists, the compact commission may consider and
adopt an emergency rule with twenty-four hours notice and with opportunity to comment,
provided that the usual rulemaking procedures provided in the compact and in this section
must be retroactively applied to the rule as soon as reasonably possible, in no event later than
ninety days after the effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order to:
a.Meet an imminent threat to public health, safety, or welfare;
b.Prevent a loss of compact commission or member state funds;
c.Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
d.Protect public health and safety.
13.The compact commission or an authorized committee of the compact commission may direct
revision to a previously adopted rule for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public notice of any revision must be
posted on the website of the compact commission. The revision must be subject to challenge
by any person for a period of thirty days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A challenge must be made in
writing and delivered to the compact commission before the end of the notice period. If no
challenge is made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the compact commission.
14.A member state's rulemaking requirements may not apply under this compact.
ARTICLE XI - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1.Oversight.
a.The executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to implement this
compact. S. B. NO. 2223 - PAGE 16
b.Except as otherwise provided in this compact, venue is proper and judicial proceedings
by or against the compact commission must be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the compact commission is located.
The compact commission may waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct, or any such similar matter.
c.The compact commission must be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall have
standing to intervene in that proceeding for all purposes. Failure to provide the compact
commission service of process shall render a judgment or order void as to the compact
commission, this compact, or promulgated rules.
2.Default, technical assistance, and termination.
a.If the compact commission determines a member state has defaulted in the performance
of its obligations or responsibilities under this compact or the promulgated rules, the
compact commission shall provide written notice to the defaulting state. The notice of
default shall describe the default, the proposed means of curing the default, and any
other action that the compact commission may take and shall offer training and specific
technical assistance regarding the default.
b.The compact commission shall provide a copy of the notice of default to the other
member states.
3.If a state in default fails to cure the default, the defaulting state may be terminated from the
compact upon an affirmative vote of a majority of the delegates of the member states, and all
rights, privileges, and benefits conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
4.Termination of membership in the compact must be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to suspend or terminate must be
given by the compact commission to the governor, the majority and minority leaders of the
defaulting state's legislature, the defaulting state's licensing authority, and each of the member
states licensing authority.
5.A state that has been terminated is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination, including obligations that extend beyond the
effective date of termination.
6.Upon the termination of a state's membership from this compact, that state shall immediately
provide notice to all licensees within that state of the termination. The terminated state shall
continue to recognize all compact privileges granted pursuant to this compact for a minimum
of six months after the date of the notice of termination.
7.The compact commission may not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in writing between
the compact commission and the defaulting state.
8.The defaulting state may appeal the action of the compact commission by petitioning the
United States district court for the District of Columbia or the federal district where the
compact commission has its principal offices. The prevailing party must be awarded all costs
of the litigation, including reasonable attorney's fees.
9.Dispute resolution. S. B. NO. 2223 - PAGE 17
a.Upon request by a member state, the compact commission shall attempt to resolve
disputes related to the compact that arise among member states and between member
and nonmember states.
b.The compact commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
10.Enforcement.
a.By supermajority vote, the compact commission may initiate legal action against a
member state in default in the United States district court for the District of Columbia or
the federal district where the compact commission has its principal offices to enforce
compliance with the provisions of the compact and its promulgated rules. The relief
sought may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing party must be awarded all costs of the litigation, including
reasonable attorney's fees. The remedies herein may not be the exclusive remedies of
the compact commission. The compact commission may pursue any other remedies
available under federal or the defaulting member state's law.
b.A member state may initiate legal action against the compact commission in the United
States district court for the District of Columbia or the federal district where the compact
commission has its principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary, the prevailing party must
be awarded all costs of the litigation, including reasonable attorney's fees.
c.No party other than a member state may enforce this compact against the compact
commission.
ARTICLE XII - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1.The compact shall come into effect on the date on which the compact statute is enacted into
law in the seventh member state.
a.On or after the effective date of the compact, the compact commission shall convene and
review the enactment of each of the first seven member states, "charter member states",
to determine if the statute enacted by each charter member state is materially different
than the model compact statute.
(1)A charter member state whose enactment is found to be materially different from the
model compact statute must be entitled to the default process set forth in article XI.
(2)If any member state is later found to be in default, is terminated, or withdraws from
the compact, the compact commission shall remain in existence and the compact
shall remain in effect even if the number of member states is less than seven.
b.Member states enacting the compact subsequent to the seven initial charter member
states must be subject to the process set forth in subdivision u of subsection 3 of
article VIII to determine if the member state's enactments are materially different from the
model compact statute and whether the member states qualify for participation in the
compact.
c.All actions taken for the benefit of the compact commission or in furtherance of the
purposes of the administration of the compact before the effective date of the compact or
the compact commission coming into existence must be considered to be actions of the
compact commission unless specifically repudiated by the compact commission. S. B. NO. 2223 - PAGE 18
d.Any state that joins the compact subsequent to the compact commission's initial adoption
of the rules and bylaws is subject to the rules and bylaws as the rules and bylaws exist
on the date on which the compact becomes law in that state. Any rule that has been
adopted previously by the compact commission must have the full force and effect of law
on the day the compact becomes law in that state.
2.Any member state may withdraw from this compact by enacting a statute repealing the
compact.
a.A member state's withdrawal may not take effect until one hundred eighty days after
enactment of the repealing statute.
b.Withdrawal may not affect the continuing requirement of the withdrawing state's licensing
authority to comply with the investigative and adverse action reporting requirements of
this compact before the effective date of withdrawal.
c.Upon the enactment of a statute withdrawing from this compact, a state immediately shall
provide notice of the withdrawal to all licensees within that state. Notwithstanding any
subsequent statutory enactment to the contrary, the withdrawing state shall continue to
recognize all compact privileges granted pursuant to this compact for a minimum of one
hundred eighty days after the date of the notice of withdrawal.
3.Nothing contained in this compact may be construed to invalidate or prevent any licensure
agreement or other cooperative arrangement between a member state and a nonmember
state that does not conflict with the provisions of this compact.
4.This compact may be amended by the member states. No amendment to this compact may
become effective and binding upon any member state until it is enacted into the laws of all
member states.
ARTICLE XIII - CONSTRUCTION AND SEVERABILITY
1.This compact and the compact commission's rulemaking authority must be liberally construed
so as to effectuate the purposes and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of rules may not
be construed to limit the compact commission's rulemaking authority solely for those
purposes.
2.The provisions of this compact must be severable and if any phrase, clause, sentence, or
provision of this compact is held by a court of competent jurisdiction to be contrary to the
constitution of any member state, a state seeking participation in the compact, or of the United
States, or the applicability thereof to any government, agency, person, or circumstance is held
to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
compact and the applicability thereof to any other government, agency, person, or
circumstance shall not be affected thereby.
3.Notwithstanding subsection 2, the compact commission may deny a state's participation in the
compact or, in accordance with the requirements of subsection 2 of article XI, terminate a
member state's participation in the compact, if it determines that a constitutional requirement
of a member state is a material departure from the compact. Otherwise, if this compact must
be held to be contrary to the constitution of any member state, the compact shall remain in full
force and effect as to the remaining member states and in full force and effect as to the
member state affected as to all severable matters.
ARTICLE XIV - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1.Nothing herein may prevent or inhibit the enforcement of any other law of a member state that
is not inconsistent with the compact. S. B. NO. 2223 - PAGE 19
2.Any laws, statutes, regulations, or other legal requirements in a member state in conflict with
the compact are superseded to the extent of the conflict.
3.All permissible agreements between the compact commission and the member states are
binding in accordance with the terms of the agreement. S. B. NO. 2223 - PAGE 20
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2223.
Senate Vote:Yeas 43 Nays 3 Absent 1
House Vote: Yeas 84 Nays 5 Absent 5
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State