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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 805 By: Pugh
AS INTRODUCED
An Act relating to professions and occupations;
enacting the Dietitian Licensure Compact and
authorizing the Governor to enter into the Com pact
with certain jurisdictions; setting forth form of the
Compact; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 1742.1 of Title 59, unle ss there
is created a duplication in numbering, reads as follows:
The Dietitian Licensure Compact is hereby enacted into law and
the Governor shall enter into the Compact on beha lf of the State of
Oklahoma with any jurisdiction legally joined therein, in the form
substantially as set forth in this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1742.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
DIETITIAN LICENSURE COMPACT
SECTION 1: PURPOSE
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The purpose of this Compact is to facilitate interstate Practice
of Dietetics with the goal of improving public access to dietetics
services. This Compact preserves the regulatory authority of States
to protect public health and safety through the current system of
State licensure, while also providing for licensure portability
through a Compact Privilege granted to qualifying professi onals.
This Compact is designed to achieve the following objectives:
A. Increase public access to dietetics services .
B. Provide opportunities for interstate practice by Licensed
Dietitians who meet uniform requirements .
C. Eliminate the necessity for L icenses in multiple States .
D. Reduce administrative burden on Member States and Licensees .
E. Enhance the States ’ ability to protect the public ’s health
and safety.
F. Encourage the cooperation of Member States in regulating
multistate practice of Lice nsed Dietitians.
G. Support relocating Active Military Members and their
spouses.
H. Enhance the exchange of licensure, investigative, and
disciplinary information among Member States .
I. Vest all Member States with the authority to hold a Licensed
Dietitian accountable for meeting all State practice laws in the
State in which the patient is located at the time care is rendered.
SECTION 2: DEFINITION S
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A. “ACEND” means the Accreditation Council for Education in
Nutrition and Dietetics or its successor organization.
B. “Active Military Member ” means any individual with full -time
duty status in the active armed forces of the United States,
including members of the National Guard and Reserve .
C. “Adverse Action” means any administrative, civil, equitable
or criminal action permitted by a State’s laws which is imposed by a
Licensing Authority or other authority against a Licensee, including
actions against an individual ’s License or Compact Privilege such as
revocation, suspension, probation, monitoring of the Licensee,
limitation on the Licensee ’s practice, or any other Encumbrance on
licensure affecting a Licensee ’s authorization to practice,
including issuance of a cease and desist action .
D. “Alternative Program” means a non-disciplinary monitoring or
practice remediation process approved by a Licensing Authority .
E. “Charter Member State ” means any Member State which enacted
this Compact by law before the Effective Date specified in Section
12.
F. “Continuing Education ” means a requirement, as a condi tion
of License renewal, to provide evidence of participation in, and
completion of, educational and professional activities relevant to
practice or area of work .
G. “CDR” means the Commission on Dietetic Registration or its
successor organization .
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H. “Compact Commission” means the government agency whose
membership consists of all States that have enacted this Compact,
which is known as the Dietitian Licensure Compact Commission, as
described in Section 8, and which shall operate as an
instrumentality of the Member States.
I. “Compact Privilege” means a legal authorization, which is
equivalent to a License, permitting the Practice of Dietetics in a
Remote State.
J. “Current Significant Investigative Information ” means:
1. Investigative Information that a Licensing Authority, after
a preliminary inquiry that includes notification and an opportunity
for the subject Licensee to respond, if required by State law, has
reason to believe is not groundless and, if proved true, would
indicate more than a minor i nfraction; or
2. Investigative Information that indicates that the subject
Licensee represents an immediate threat to public health and safety
regardless of whether the subject Licensee has been notified and had
an opportunity to respond .
K. “Data System” means a repository of information about
Licensees, including, but not limited to, Continuing Education,
examination, licensure, investigative, Compact Privilege and Adverse
Action information.
L. “Encumbered License” means a License in which an Adverse
Action restricts a Licensee ’s ability to practice dietetics .
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M. “Encumbrance” means a revocation or suspension of, or any
limitation on a Licensee ’s full and unrestricted Practice of
Dietetics by a Licensing Authority .
N. “Executive Committee” means a group of delegates elected or
appointed to act on behalf of, and within the powers granted to them
by, this Compact, and the Compact Commission .
O. “Home State” means the Member State that is the Licensee ’s
primary State of residence or that has been design ated pursuant to
Section 6.
P. “Investigative Information ” means information, records, and
documents received or generated by a Licensing Authority pursuant to
an investigation.
Q. “Jurisprudence Requirement ” means an assessment of an
individual’s knowledge of the State laws and regulations governing
the Practice of Dietetics in such State .
R. “License” means an authorization from a Member State to
either:
1. Engage in the Practice of Dietetics (including medical
nutrition therapy); or
2. Use the title “dietitian,” “licensed dietitian,” “licensed
dietitian nutritionist, ” “certified dietitian,” or other title
describing a substantially similar practitioner as the Compact
Commission may further define by Rule .
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S. “Licensee” or “Licensed Dietitian” means an individual who
currently holds a License and who meets all of the requirements
outlined in Section 4 .
T. “Licensing Authority” means the board or agency of a State,
or equivalent, that is responsible for the licensing and regulation
of the Practice of Dietetics.
U. “Member State” means a State that has enacted the Compact .
V. “Practice of Dietetics ” means the synthesis and application
of dietetics, primarily for the provision of nutrition care
services, including medical nutrition therapy, in person o r via
telehealth, to prevent, manage, or treat diseases or medical
conditions and promote wellness .
W. “Registered Dietitian ” means a person who:
1. Has completed applicable education, experience, examination,
and recertification requirements approved by CDR;
2. Is credentialed by CDR as a registered dietitian or a
registered dietitian nutritionist; and
3. Is legally authorized to use the title registered dietitian
or registered dietitian nutritionist and the corresponding
abbreviations “RD” or “RDN”.
X. “Remote State” means a Member State other than the Home
State, where a Licensee is exercising or seeking to exercise a
Compact Privilege.
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Y. “Rule” means a regulation promulgated by the Compact
Commission that has the force of law.
Z. “Single State License” means a License issued by a Member
State within the issuing State and does not include a Compact
Privilege in any other Member Stat e.
AA. “State” means any state, commonwealth, district, or
territory of the United States of America.
BB. “Unencumbered License” means a License that authorizes a
Licensee to engage in the full and unrestricted Practice of
Dietetics.
SECTION 3: STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a State must currently:
1. License and regulate the Pra ctice of Dietetics; and
2. Have a mechanism in place for receiving and invest igating
complaints about Licensees.
B. A Member State shall:
1. Participate fully in the Compact Commission ’s Data System,
including using the unique identifier as defined in R ules;
2. Notify the Compact Commission, in compliance with the terms
of the Compact and Rules, of any Adverse Action or the availability
of Current Significant Investigative Information regarding a
Licensee;
3. Implement or utilize procedures for conside ring the criminal
history record information of applicants for an initial Comp act
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Privilege. These procedures shall include the submission of
fingerprints or other biometric -based information by applicants for
the purpose of obtaining an applicant ’s criminal history record
information from the Federal Bureau of Investigation and the agency
responsible for retaining that State ’s criminal records;
a. A Member State must fully implement a criminal history
record information requirement, within a time frame
established by Rule, which includes receiving the
results of the Federal Bureau of Investigation record
search and shall use those results in determining
Compact Privilege eligibility.
b. Communication between a Member State and the Compact
Commission or among Member States regarding the
verification of eligibility for a Compact Privilege
shall not include any information received from the
Federal Bureau of Investigation relating to a federal
criminal history record information check performed by
a Member State;
4. Comply with and enforce the Rules of the Compact Commission;
5. Require an applicant for a Compact Privilege to obtain or
retain a License in the Licensee ’s Home State and meet the Home
State’s qualifications for licensure or renewal of licensure, as
well as all other applicable State laws; and
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6. Recognize a Compact Privilege granted to a Licensee who
meets all of the requirements outlined in Section 4 in accordance
with the terms of the Compact and Rules.
C. Member States may set and collect a fee for granting a
Compact Privilege.
D. Individuals not residing in a Member State shall continue to
be able to apply for a Member State ’s Single State License as
provided under the laws of each Member State. However, the Single
State License granted to these individuals shall not be recognized
as granting a Compact Privilege to engage in the Practice of
Dietetics in any other Member State.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Singl e State
License.
F. At no point shall the Compact Commission have the power t o
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 requirem ents.
SECTION 4: COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Satisfy one of the following:
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a. hold a valid current registration that gives the
applicant the right to use th e term Registered
Dietitian, or
b. complete all of the following:
(1) an education program which is either:
(a) a master’s degree or doctoral degree that is
programmatically accredited by :
(i) ACEND, or
(ii) a dietetics accrediting agency
recognized by the United States
Department of Education, which the
Compact Commission may by Rule
determine, and from a college or
university accredited at the time of
graduation by the appropriate regional
accrediting agency recognized by the
Council on Higher Education
Accreditation and the United States
Department of Education, or
(b) an academic degree from a college or
university in a foreign country equivalent
to the degree described in subdivision (a)
that is programmatically accredited by :
(i) ACEND, or
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(ii) a dietetics accrediting agency
recognized by the United States
Department of Education, which the
Compact Commission may by Rule
determine,
(2) a planned, documented, supervised practice
experience in dietetics that is programmatically
accredited by:
(a) ACEND, or
(b) a dietetics accrediting agency recognized by
the United States Departmen t of Education
which the Compact Commission may by Rule
determine and which involves at least one
thousand (1000) hours of practice experience
under the supervision of a Register ed
Dietitian or a Licensed Dietitian, or
(3) successful completion of either:
(a) the Registration Examination for Dietitians
administered by CDR, or
(b) a national credentialing examination for
dietitians approved by the Compact
Commission by Rule; such c ompletion being no
more than five (5) years prior to the date
of the Licensee’s application for initial
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licensure and accompanied by a period of
continuous licensure thereafter, all of
which may be further governed by the Rules
of the Compact Commission;
2. Hold an Unencumbered License in the Home State;
3. Notify the Compact Commission that the Licensee is seeking a
Compact Privilege within a Remote State(s);
4. Pay any applicable fees, including any State fee, for the
Compact Privilege;
5. Meet any Jurisprudence Requirements established by the
Remote State(s) in which the Licen see is seeking a Compact
Privilege; and
6. Report to the Compact Commission any Adverse Action,
Encumbrance, or restriction on a License taken by any non -Member
State within thirty (30) days from the date the action is taken.
B. The Compact Privilege is valid until the expiration date of
the Home State License. To maintain a Compact Privilege, renewal of
the Compact Privilege shall be congruent with the renewal of the
Home State License as the Compact Commission may define by Rule.
The Licensee must com ply with the requirements of Section 4(A) to
maintain the Compact Privilege in the Remote State(s).
C. A Licensee exercising a Compact Privilege shall adhere to
the laws and regulations of the Remote State. Licensees shall be
responsible for educating themselves on, and complying with, any and
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all State laws relating to the Practice of Dietetics in such Remote
State.
D. Notwithstanding anything to the contrary provided in this
Compact or State law, a Licensee exercising a Compact Privilege
shall not be required to complete Continuing Education Requirements
required by a Remote State. A Licensee exercising a Compact
Privilege is only required to meet any Continuing Education
Requirements as required by the Home State.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A
COMPACT PRIVILEGE
A. A Licensee may hold a Home State License, which allows for a
Compact Privilege in other Member States, in only one Member State
at a time.
B. If a Licensee changes Home State by moving between two
Member States:
1. The Licensee shall file an application for obtaining a new
Home State License based on a Compact Privilege, pay all applicable
fees, and notify the current and new Home State in accordance with
the Rules of the Compact Commission;
2. Upon receipt of an application for obtaining a new Home
State License by virtue of a Compact Privilege, the new Home State
shall verify that the Licensee meets the criteria in Section 4 via
the Data System, and require that the Licensee complete the
following:
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a. Federal Bureau of Investigation fingerprint based
criminal history record information check,
b. any other criminal history record information required
by the new Home State, and
c. any Jurisprudence Requirements of the new Home State;
3. The former Home State shall convert the former Home State
License into a Compact Privilege once the new Home State has
activated the new Home State License in accordance with applicable
Rules adopted by the Compact Commission;
4. Notwithstanding any other provision of this Compact , if the
Licensee cannot meet the criteria in Section 4, the new Home State
may apply its requirements for issuing a new Single State License;
and
5. The Licensee shall pay all applicable fees to the new Home
State in order to be issued a new Home State License.
C. If a Licensee changes their State of residence by moving
from a Member State to a non -Member State, or from a non -Member
State to a Member State, the State criteria s hall apply for issuance
of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee ’s
ability to hold a Single State License in multiple States; however,
for the purposes of this Compact, a Licensee shall have only one
Home State License.
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E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
SECTION 6: ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An Active Military Member, or their spouse, shall designate a
Home State where the individual has a current License in goo d
standing. The individual may retain the Home State designation
during the period the service member is on active duty.
SECTION 7: ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with existing
State due process law, to:
1. Take Adverse Action against a Licensee ’s Compact Privilege
within that Member State; and
2. Issue subpoenas for both hearin gs and investigations that
require the attendance and testimony of witnesses a s well as the
production of evidence. Subpoenas issued by a Licensing Authority
in a Member State for the attendance and testimony of witnesses or
the production of evidence fro m another Member State shall be
enforced in the latter State by any court of competent jurisdiction,
according to the practice and procedure applicable to subpoenas
issued in proceedings pending before that court. The issuing
authority shall pay any witne ss fees, travel expenses, mileage, and
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other fees required by the service stat utes of the State in which
the witnesses or evidence is located.
B. Only the Home State shall have the power to take Adverse
Action against a Licensee ’s Home State License.
C. For purposes of taking Adverse Action, the Home State shall
give the same priority and effect to reported conduct received from
a Member State as it would if the conduct had occurred within the
Home State. In so doing, the Home State shall apply its own S tate
laws to determine appropriate action.
D. The Home State shall complete a ny pending investigations of
a Licensee who changes Home States during the course of the
investigations. The Home State shall also have authority to take
appropriate action(s) a nd shall promptly report the conclusions of
the investigations to the administrator of the Data System. The
administrator of the Data System shall promptly notify the new Home
State of any Adverse Actions.
E. A Member State, if otherwise permitted by Sta te law, may
recover from the affected Licensee the costs of investigations and
dispositions of cases resulting from any Adverse Action taken
against that Licensee.
F. A Member State may take Adverse Action based on the factual
findings of another Remote S tate, provided that the Member State
follows its own procedures for taking the Adverse Action.
G. Joint Investigations.
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1. In addition to the authority granted to a Member State by
its respective State law, any Member State may participate with
other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or
compliance materials in furtherance of any joint investigation
initiated under the Compact.
H. If Adverse Action is taken by the Home State ag ainst a
Licensee’s Home State License resulting in an Encumbrance on the
Home State License, the Licensee ’s Compact Privilege(s) in all other
Member States shall be revoked until all Encumbrances have been
removed from the Home State License. All Home Sta te disciplinary
orders that impose Adverse Action against a Licensee shall inc lude a
statement that the Licensee ’s Compact Privileges are revoked in all
Member States during the pendency of the order.
I. Once an Encumbered License in the Home State is res tored to
an Unencumbered License (as certified by the Home State ’s Licensing
Authority), the Licensee must meet the requirements of Section 4(A)
and follow the administrative requirements to reapply to obtain a
Compact Privilege in any Remote State.
J. If a Member State takes Adverse Action, it shall promptly
notify the administrat or of the Data System. The administrator of
the Data System shall promptly notify the other Member States of any
Adverse Actions.
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K. Nothing in this Compact shall override a Me mber State’s
decision that participation in an Alternative Program may be used in
lieu of Adverse Action.
SECTION 8: ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the Com pact known as the Dietitian
Licensure Compact Commission. The Compact Commission is an
instrumentality of the Compact States acting jointly and not an
instrumentality of any one State. The Compact Commission shall come
into existence on or after the effective date of the Compact as set
forth in Section 12.
B. Membership, Voting, and Meetings .
1. Each Member State shall have and be limited to one (1)
delegate selected by that M ember State’s Licensing Authority.
2. The delegate shall be the primary admin istrator of the
Licensing Authority or their designee.
3. The Compact Commission shall by Rule or bylaw establish a
term of office for delegates and may by Rule or bylaw establi sh term
limits.
4. The Compact Commission may recommend removal or suspension
of any delegate from office.
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5. A Member State’s Licensing Authority shall fill any vacancy
of its delegate occurring on the Compact Commission within sixty
(60) days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters
before the Compact Commission requiring a vote by the delegates.
7. Delegates shall meet and vote by such means as set forth in
the bylaws. The bylaws may provide for delegates to meet and vote
in person or by telecommunication, video conference, or other means
of communication.
8. The Compact Commission shall meet at least once during each
calendar year. Additional meetings may be held as set forth in the
bylaws. The Compact Commission may meet in person or by
telecommunication, video conference, or other mea ns of
communication.
C. The Compact Commission shall have the following powers:
1. Establish the fiscal year of the Compact Commission;
2. Establish code of conduct and confli ct of interest policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the
bylaws;
5. Meet and take such actions as are consistent with the
provisions of this Compact, the Compact Commission’s Rules, and the
bylaws;
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6. Initiate and conclude legal proceedings or actions in the
name of the Compact Commission, provided that the standing of any
Licensing Authority to sue or be sued under applicable law shall not
be affected;
7. Maintain and certify records an d information provided to a
Member State as the authenticated business records of the Compact
Commission, and designate an agent to do so on the Compact
Commission’s behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a Member S tate;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Compact Commission ’s personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
12. Assess and collect fees;
13. Accept any and all appropriate donations, grants of money,
other sources of revenue, equipment, supplies, materials, services,
and gifts, and receive, utilize, and dispose of the same; provided,
that at all times the Compact Commission shall avoid any actual or
appearance of impropriety or conflict of interest;
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14. Lease, purchase, retain, own, hold, improve, or use any
property, real, personal, or mixed, or any undivided interest
therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal, or mixed;
16. Establish a budget and ma ke expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, composed
of members, State regulators, State legislators or their
representatives, and consumer representatives, and such other
interested persons as may be designated in this Compact or the
bylaws;
19. Provide and receive information from, and cooperate with,
law enforcement agencies;
20. Establish and elect an Executive Committee, inclu ding a
chair and a vice chair;
21. Determine whether a State ’s adopted language is materially
different from the model compact language such that the State would
not qualify for participation in the Compact; and
22. Perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact.
D. The Executive Committee .
1. The Executive Committee shall have the power to act on
behalf of the Compact Commission according to the terms of this
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Compact. The powers, duties, and responsibilities of the Executive
Committee shall include:
a. oversee the day-to-day activities of the
administration of the Compact including enforcement
and compliance with the provisions of the Compact, its
Rules and bylaws, and other such duties as deemed
necessary,
b. recommend to the Compact Commission changes to the
Rules or bylaws, changes to this Compact legislation,
fees charged to Compact Member States, fees charged to
Licensees, and other fees ,
c. ensure Compact administration services are
appropriately provided, including by contract,
d. prepare and recommend the budget ,
e. maintain financial records on behalf of the Compact
Commission,
f. monitor Compact compliance of Member States and
provide compliance reports to the Compact Commission ,
g. establish additional committees as necessary ,
h. exercise the powers and duties of the Compact
Commission during the interim between Compact
Commission meetings, except for adopting or amending
Rules, adopting or amending bylaws, and exercising any
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other powers and duties expressly reserved to the
Compact Commission by Rule or bylaw , and
i. other duties as provided in the Rules or bylaws of the
Compact Commission.
2. The Executive Committee shall be composed of nine (9)
members:
a. the chair and vice chair of t he Compact Commission ,
who shall be voting members of the Executive
Committee,
b. five voting members from the current membership of the
Compact Commission, elected by the Compact Commission ,
c. one ex officio, nonvoting member from a recognized
professional association representing dietitians , and
d. one ex officio, nonvoting membe r from a recognized
national credentialing organization for dietitians.
3. The Compact Commission may remove any member of the
Executive Committee as provided in the Compact Com mission’s bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the
public, except that the Executive Committee may meet
in a closed, nonpublic meeting as provided in
subsection (F)(2) of this section.
b. The Executive Committee shall give thirty (30) days’
notice of its meetings, posted on the website of the
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Compact Commission and as determined to provide notice
to persons with an interest in the business of the
Compact Commission.
c. The Executive Committee may hold a special meeting in
accordance with subsection (F)(1)(b) of this section.
E. The Compact Commission shall adopt and provide to the Member
States an annual report.
F. Meetings of the Compact Commission.
1. All meetings shall be ope n to the public, except that the
Compact Commission may meet in a closed, nonpublic meeting as
provided in subsection (F)(2) of this section.
a. Public notice for all meetings of the full Compact
Commission shall be given in the same manner as
required under the rulemaking provisions in Section
10, except that the Compact Commission may hold a
special meeting as provided in subsection (F)(1)(b) of
this section.
b. The Compact Commission may hold a special meeting when
it must meet to conduct emergency business by giving
twenty-four (24) hours’ notice to all Member States,
on the Compact Commission’s website, and other means
as provided in the Compact Commission ’s Rules. The
Compact Commission’s legal counsel shall certify that
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the Compact Commission’s need to meet qualifies as an
emergency.
2. The Compact Commission or the Executive Committee or other
committees of the Compact Commission may convene in a closed,
nonpublic meeting for the Compact Commission or Executive Committee
or other committees of the C ompact Commission to receive legal
advice or to discuss:
a. noncompliance of a Member State with its obligations
under the Compact,
b. the employment, compensation, discipline, or other
matters, practices, or procedures related to specific
employees,
c. current or threatened discipline of a Licensee by the
Compact Commission or by a Member State’s Licensing
Authority,
d. current, threatened, or reasonably anticipated
litigation,
e. negotiation of contracts for the purchase, lease, or
sale of goods, services , or real estate,
f. accusing any person of a crime or formally censuring
any person,
g. trade secrets or commercial or financial information
that is privileged or confidential,
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h. information of a personal nature where disclosure
would constitute a clearl y unwarranted invasion of
personal privacy,
i. investigative records compiled for law enforcement
purposes,
j. information related to any investigative reports
prepared by or on behalf of or for use of the Compact
Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the Compact,
k. matters specifically exempted from disclosure by
federal or Member State law , or
l. other matters as specified in the Rules of the Compact
Commission.
3. If a meeting, or portion of a meeting, is closed, the
presiding officer shall state that the meeting will be closed and
reference each relevant exempting provision, and such reference
shall be recorded in the minutes.
4. The Compact Commission shall keep mi nutes that fully and
clearly describe all matters discussed in a meeting and s hall
provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed.
All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed
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meeting shall remain under seal, subject to release only by a
majority vote of the Compact Commission or order of a court of
competent jurisdiction.
G. Financing of the Compact Commission.
1. The Compact Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The Compact Commission may accept any and all appropriate
revenue sources as provided in subsection (C)(13) of this section.
3. The Compact Commission may levy on and collect an annual
assessment from each Member State and impose fees on Licensees of
Member States to whom it grants a Compact Privilege to cover the
cost of the operations and activities of the Compact Commission and
its staff, which must, in a total amount, be sufficient to cover its
annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount
for Member States shall be allocated based upon a formula that the
Compact Commission shall promulgate by Rule.
4. The Compact Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same; nor
shall the Compact Commissi on pledge the credit of any of the Member
States, except by and with the autho rity of the Member State.
5. The Compact Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
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Compact Commission sha ll be subject to the financial review and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Compact
Commission shall be subject to an annual financial review by a
certified or licensed publ ic accountant, and the report of the
financial review shall be included in and become part of the annual
report of the Compact Commission.
H. Qualified Immunity, Defense, and Indemnification .
1. The members, officers, executive director, employees and
representatives of the Compact Commission shall be immune from suit
and liability, both personally and in their official capacity, for
any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any act ual or
alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing
occurred within the scope of Compact Commission employment, duties,
or responsibilities; provided , that nothing in this paragraph shall
be construed to protect any such person from suit or liability for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person. The procurement of
insurance of any type by the Compac t Commission shall not in any way
compromise or limit the immunity granted her eunder.
2. The Compact Commission shall defend any member, officer,
executive director, employee, and representative of the Compact
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Commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred
within the scope of Compact Commission employment, duties, or
responsibilities, or as determined by the Compact Commission that
the person against whom the claim is ma de had a reasonable basis for
believing occurred within the scope of Compact C ommission
employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining
their own counsel at their own expense; and provided further, that
the actual or alleged act, error, or omission did not result from
that person’s intentional or willful or wanton misconduct.
3. The Compact Commission shall indemnify and hold harmless any
member, officer, executive director, em ployee, and representative of
the Compact Commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of Compact
Commission employment, dut ies, or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of Compact Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that
person.
4. Nothing herein shall be construed as a limitation on the
liability of any Licensee for professional malpractice or
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misconduct, which shall be governed solely by any other applicable
State laws.
5. Nothing in this Compact shall be interpreted to waive or
otherwise abrogate a Member State’s state action immunity or state
action affirmative defense with respect to antitrust claims under
the Sherman Act, Clayton Act, or any other State or federal
antitrust or anticompetitive law or regulation.
6. Nothing in this Compact sh all be construed to be a waiver of
sovereign immunity by the Member States or by the Compact
Commission.
SECTION 9: DATA SYSTEM
A. The Compact Commission shall provide for the development,
maintenance, operation, and utilization of a coordinated Data
System.
B. The Compact Commission shall assign each applicant for a
Compact Privilege a unique identifier, as determined by the Rules.
C. Notwithstanding any other provision of St ate law to the
contrary, a Member State shall submit a uniform data set to the Data
System on all individuals to whom this Compact is applicable as
required by the Rules of the Compact Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact Privilege and
information related thereto;
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4. Nonconfidential information related to Alternative Program
participation, the beginning and ending dates of such participation,
and other information related t o such participation not made
confidential under Member State law;
5. Any denial of application for licensure, and the reason(s)
for such denial;
6. The presence of Current Significant Investigative
Information; and
7. Other information that may facilit ate the administration of
this Compact or the protection of the public, as determined by the
Rules of the Compact Commission.
D. The records and information provided to a Member State
pursuant to this Compact or through the Data System, when certified
by the Compact Commission or an agent thereof, shall constitute the
authenticated business records of the Compact Commission, and shall
be entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial, or administrative proceedings in a Member
State.
E. Current Significant Investigative Information pertaining to
a Licensee in any Member State will only be available to other
Member States.
F. It is the responsibility of the Member States to report any
Adverse Action against a Licensee and to monitor the Data System to
determine whether any Adverse Action has bee n taken against a
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Licensee. Adverse Action information pertaining to a Licensee in
any Member State will be available to any other Member State.
G. Member States contributing i nformation to the Data System
may designate information that may not be shared with the public
without the express permission of the contributing State.
H. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of the
Member State contributing the information shall be removed from the
Data System.
SECTION 10: RULEMAKING
A. The Compact Commission shall promulgate reasonable Rules in
order to effectively and efficiently implement and administer the
purposes and provisions of the Compact. A Rule shall be invalid and
have no force or effect only if a court of competent jurisdiction
holds that the Rule is invalid because the Compact Commission
exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the Compact, or the powers granted hereunder,
or based upon another applicable standard of review.
B. The Rules of the Compact Commission shall have the force of
law in each Member State; provided, however, that where the Rules
conflict with the laws or regulations of a Member State that relate
to the procedures, actions, and processes a Licensed Dietitian is
permitted to undertake in that State and the circumstances under
which they may do so, as held by a court of competent jur isdiction,
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the Rules of the Compact Commission shall be ineffective in that
State to the extent of the conflict.
C. The Compact Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this section and the Rules
adopted thereunder. Rules shall become binding on the day following
adoption or as of the date specified in the Rule or amendment,
whichever is later.
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a stat ute or
resolution in the same manner used to adopt the Compact within four
(4) years of the date of adoption of the Rule, then such Rule shall
have no further force and effect in any Member State.
E. Rules shall be adopted at a regular or special meeting of
the Compact Commission.
F. Prior to adoption of a proposed Rule, the Compact Commission
shall hold a public hearing and allow persons to provide oral and
written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule b y the Compact
Commission, and at least thirty (30) days in advance of the meet ing
at which the Compact Commission will hold a public hearing on the
proposed Rule, the Compact Commission shall provide a Notice of
Proposed rulemaking:
1. On the website of t he Compact Commission or other publicly
accessible platform;
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2. To persons who have requested notice of the Compact
Commission’s notices of proposed rulemaking; and
3. In such other way(s) as the Compact Commission may by Rule
specify.
H. The Notice of Proposed rulemaking shall include:
1. The time, date, and location of the pub lic hearing at which
the Compact Commission will hear public comments on the proposed
Rule and, if different, the time, date, and location of the meeting
where the Compact Commis sion will consider and vote on the proposed
Rule;
2. If the hearing is held via telecommunication, video
conference, or other means of communication, the Compact Commission
shall include the mechanism for access to the hearing in the Notice
of Proposed rulemaking;
3. The text of the proposed Rule and the reason therefore;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit written
comments.
I. All hearings will be recorded. A copy of the recording and
all written comments and documents received by the Compact
Commission in response to the proposed Rule shall be available to
the public.
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J. Nothing in this section shall be construed as requiring a
separate hearing on each Ru le. Rules may be grouped for the
convenience of the Compact Commission at hea rings required by this
section.
K. The Compact Commission shall, by majority vote of all
members, take final action on the proposed Rule based on the
rulemaking record and the f ull text of the Rule.
1. The Compact Commission may adopt changes to the proposed
Rule provided the changes do not enlarge the original purpose of the
proposed Rule.
2. The Compact Commission shall provide an explanation of the
reasons for substantive ch anges made to the proposed Rule as well as
reasons for substantive changes not made that were recommended by
commenters.
3. The Compact Commission shall determine a reasonable
effective date for the Rule. Except for an emergency as provided in
Section 10(L), the effective date of the Rule shall be no sooner
than thirty (30) days after issuing the notice that it adopted or
amended the Rule.
L. Upon determination that an emergency exists, the Compact
Commission may consider and adopt an emergency Rule with twenty-four
(24) hours’ notice, with opportunity to comment, provided that the
usual rulemaking procedures provided in the Compact and in this
section shall be retroactively applied to the Rule as soon as
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reasonably possible, in no event later than ninety (90) days after
the effective date of the Rule. For the purposes of this provision,
an emergency Rule is one that must be adopted immediately in order
to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Compact Com mission or Member State funds;
3. Meet a deadline for the promulgation of a R ule that is
established by federal law or rule; or
4. Protect public health and safety.
M. The Compact Commission or an authorized committee of the
Compact Commission may direct revision to a previously adopted Rule
for purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revision shall be posted on the website of the Compact Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) days a fter posting. The revision may be
challenged only on grounds that the revision results in a material
change to a Rule. A challenge shall be made in writing and
delivered to the Compact Commission prior to the end of the notice
period. If no challenge is made, the revision will take effect
without further action. If the revision is challenged, the revision
may not take effect without the approval of the Compact Commission.
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N. No Member State’s rulemaking requirements shall apply under
this Compact.
SECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive and judicial branches of State government in
each Member State shall enforce this Compact and take all actions
necessary and appropriate to implement this Compact.
2. Except as otherwise provided in this Compact, venue is
proper and judicial proceedings by or against the Compact Commission
shall be brought solely and exclusively in a court of competent
jurisdiction where the principal office of the Compact Commission i s
located. The Compact Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein shall
affect or limit the selection or propriety of venue in any action
against a Licensee for professional malpractice, misconduct, or any
such similar matter.
3. The Compact Commission shall be entitled to receive service
of process in any proceeding regarding the enforcement or
interpretation of the Compact and sh all have standing to intervene
in such a proceeding for all purposes. Failure to provide the
Compact Commission service of process shall render a judgment or
order void as to the Compact Commission, this Compact, or
promulgated Rules.
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B. Default, Technical Assistance, and Termination.
1. If the Compact Commission determines that a Member State has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated Rules, the Compact Commission
shall provide written n otice 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 t ake
and shall offer training and specific technical assistance regarding
the default.
2. The Compact Commission shall provide a copy of the notice of
default to the other Member States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the delegates of the Member
States, and all rights, privileges, and benefits conferred on that
State by this Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the offending
State of obligations or liabilities incurred during the period of
default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Compact Commission to the governor, the majority and minority
leaders of the defaulting State’s legislature, the defaulting
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State’s Licensing Authority, and each of the Member States’
Licensing Authorities.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State ’s membership from this
Compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all Compact Privileges granted
pursuant to this Compact for a minimum of six (6) months after the
date of said notice of termination.
G. The Compact Commission shall not bear any costs related to a
State that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between the Compact
Commission and the defaulting State.
H. The defaulting State may appeal the action of the Compact
Commission by petitioning the United States District Court for the
District of Columbia or the federal district where the Com pact
Commission has its principal offices. The prevailing party shall be
awarded all costs of such litigation, including reasonable
attorney’s fees.
I. Dispute Resolution.
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1. Upon request by a Member State, the Compact Commission shall
attempt to resolve disputes related to the Compact that arise among
Member States and between M ember and non-Member States.
2. The Compact Commission shall promulgate a Rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
J. Enforcement.
1. By supermajority vote, the Compact Commission may initiate
legal action against a Member State in default in the United States
District Court for the District of Columbia or the federal district
where the Compact Commission has its principal of fices to enforce
compliance with the provisions of the Compact and its promulg ated
Rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation,
including reasonable attorney’s fees. The remedies herein shall not
be the exclusive remedies of the Compact Commission. The Compact
Commission may pursue any other remedies available under federal or
the defaulting Member State ’s law.
2. A Member State may initiate legal action against the Compact
Commission in the 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 provi sions of
the Compact and its promulgated Rules. The relief sought may
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include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable att orney’s fees.
3. No party other than a Member State shall enforce this
Compact against the Compact Commission.
SECTION 12: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the
Compact statute is enacte d into law in the seventh Member State.
1. On or after the effective date of the Compact, the Compact
Commission shall convene and review the enactment of each of the
first seven Member States ( “Charter Member States ”) to determine if
the statute enacted by each such Charter Member State is materially
different than the model Compa ct statute.
a. A Charter Member State whose enactment is found to be
materially different from the model Compact statute
shall be entitled to the default process set forth in
Section 11.
b. If any Member State is later found to be in default,
or is terminated, or withdraws from the Compact, the
Compact Commission shall remain in existence and the
Compact shall remain in effect even if the number of
Member States should be less tha n seven.
2. Member States enacting the Compact subsequent to the seven
initial Charter Member States shall be subject to the process set
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forth in Section 8(C)(21) to determine if their enactments are
materially different from the model Compact statute and whether they
qualify for participation in the Compact.
3. All actions taken for the benefit of the Compact Commission
or in furtherance of the purposes of the administration of the
Compact prior to the effective date of the Compact or the Compact
Commission coming into existence shall be considered to be actions
of the Compact Commission unless specifically repudiated by the
Compact Commission.
4. Any State that joins the Compact subsequent to the Compact
Commission’s initial adoption of the Rules and by laws shall be
subject to the Rules and bylaws as they exist on the date on which
the Compact becomes law in that State. Any Rule that has been
previously adopted by the Compact Commission shall have the full
force and effect of law on the day the Compact becomes law in that
State.
B. Any Member State may withdraw from this Compact by enacting
a statute repealing the same.
1. A Member State’s withdrawal shall not take effect until one
hundred eighty (180) days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing State ’s Licensing Authority to comply with the
investigative and Adverse Action reporting requirements of this
Compact prior to the effective date of withdrawal.
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3. Upon the enactment of a statute withdrawing from this
Compact, a State shall immediately prov ide notice of such withdrawal
to all Licensees within that State. Notwithstanding any subsequent
statutory enactment to the contrary, such withdrawing State shall
continue to recognize all Compact Privileges granted pursuant to
this Compact for a minimum of one hundred eighty (180) days after
the date of such notice of withdrawal.
C. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a Member State and a non-Member State that does
not conflict with the provisions of this Compact.
D. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding upon
any Member State until it is enacted into the laws of all Member
States.
SECTION 13: CONSTRUCTION AND SEVERABILITY
A. This Compact and the Compact Commission ’s rulemaking
authority shall be liberally construed so as to effectuate the
purposes and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the
promulgation of Rules shall not be construed to limit the Compact
Commission’s rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any
phrase, clause, sentence, or provision of this Compact is held by a
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court of competent jurisdiction to be contrary to the constitution
of any Member State, a State seeking participation in the C ompact,
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 thereo f to
any other government, agency, person, or circumstance shall not be
affected thereby.
C. Notwithstanding Section 13(B), the Compact Commission may
deny a State’s participation in the Compact or, in accordance with
the requirements of Section 11(B), te rminate a Member State ’s
participation in the Compact, if it determines that a constitutional
requirement of a Member State is a material departure from the
Compact. Otherwise, if this Compact shall be held to be contrary to
the constitution of any Member State, the Compact shall remain in
full force and effect as to the remaining Member States and in full
force and effect as to the Member State affected as to all severable
matters.
SECTION 14: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
LAWS
A. Nothing herein shall prevent or inhibit the enforcement of
any other law of a Memb er State that is not inconsistent with the
Compact.
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B. Any laws, statutes, regulations, or other legal requirements
in a Member State in conflict with the Compact are superseded to the
extent of the conflict.
C. All permissible agreements between the Compact Commission
and the Member States are binding in accordance with their terms.
SECTION 3. This act shall become effective November 1, 2025.
60-1-852 DC 1/15/2025 8:13:32 PM