OK
Oklahoma Senate Bill SB805

Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB805 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 805 By: Pugh of the Senate
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33- Osburn of the House
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33+SENATE BILL NO. 805 By: Pugh
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3839 An Act relating to professions and occupations;
3940 enacting the Dietitian Licensure Compact and
4041 authorizing the Governor to enter into the Compact
4142 with certain jurisdictions; setting forth form of the
4243 Compact; providing for codification; and providing an
4344 effective date.
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4849 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4950 SECTION 1. NEW LAW A new section of law to be codified
5051 in the Oklahoma Statut es as Section 1742.1 of Title 59, unless there
5152 is created a duplication in numbering, reads as follows:
5253 The Dietitian Licensure Compact is hereby enacted into law and
5354 the Governor shall enter into the Compact on behalf of the State of
5455 Oklahoma with any jur isdiction legally joined therein, in the form
5556 substantially as set forth in this act.
5657 SECTION 2. NEW LAW A new section of law to be codified
5758 in the Oklahoma Statutes as Section 1742.2 of Title 59, unless there
5859 is created a duplicati on in numbering, reads as follows:
5960 DIETITIAN LICENSURE COMPACT
6061 SECTION 1: PURPOSE
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8789 The purpose of this Compact is to facilitate interstate Practice
8890 of Dietetics with the goal of improving public access to dietetics
8991 services. This Compact preserves the reg ulatory authority of States
9092 to protect public health and safety through the current system of
9193 State licensure, while also providing for licensure portability
9294 through a Compact Privilege granted to qualifying professionals.
9395 This Compact is designed to achie ve the following objectives:
9496 A. Increase public access to dietetics services .
9597 B. Provide opportunities for interstate practice by Licensed
9698 Dietitians who meet uniform requirements .
9799 C. Eliminate the necessity for Licenses in multiple States .
98100 D. Reduce administrative burden on Member States and Licensees .
99101 E. Enhance the States ’ ability to protect the public’s health
100102 and safety.
101103 F. Encourage the cooperation of Member States in regulating
102104 multistate practice of Licensed Dietitians .
103105 G. Support relocating Active Military Members and their
104106 spouses.
105107 H. Enhance the exchange of licensure, investigative, and
106108 disciplinary information among Member States .
107109 I. Vest all Member States with the authority to hold a Licensed
108110 Dietitian accountable for meeting all State practice laws in the
109111 State in which the patient is located at the time care is rendered.
110112 SECTION 2: DEFINITIONS
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137140 A. “ACEND” means the Accreditation Council for Education in
138141 Nutrition and Dietetics or its successor organization .
139142 B. “Active Military Member ” means any individual with full -time
140143 duty status in the active armed forces of the United States,
141144 including members of the National Guard and Reserve .
142145 C. “Adverse Action” means any administrative, civil, equitable
143146 or criminal action permitted by a State’s laws which is imposed by a
144147 Licensing Authority or other authority against a Licensee, including
145148 actions against an individual ’s License or Compact Privilege such as
146149 revocation, suspension, probation, monitoring of the Licensee,
147150 limitation on the Licensee ’s practice, or any other Encumbrance on
148151 licensure affecting a Licensee ’s authorization to practice,
149152 including issuance of a cease and desist action .
150153 D. “Alternative Program” means a non-disciplinary monitoring or
151154 practice remediation process approved by a Licensing Authority .
152155 E. “Charter Member State ” means any Member State which enacted
153156 this Compact by law before the Effective Date specified in Section
154157 12.
155158 F. “Continuing Education ” means a requirement, as a condition
156159 of License renewal, to provide evidence of participation in, and
157160 completion of, educational and professional activities relevant to
158161 practice or area of work .
159162 G. “CDR” means the Commission on Dietetic Registration or its
160163 successor organization .
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187191 H. “Compact Commission” means the government agency whose
188192 membership consists of all States that have enacted this Compact,
189193 which is known as the Dietitian Licensure Compact Commission, as
190194 described in Section 8, and which shall operate as an
191195 instrumentality of the Member States.
192196 I. “Compact Privilege” means a legal authorization, which is
193197 equivalent to a License, permitting the Practice of Dietetics in a
194198 Remote State.
195199 J. “Current Significant Investigative Information ” means:
196200 1. Investigative Information that a Licensing Authority, after
197201 a preliminary inquiry that includes notification and an opportunity
198202 for the subject Licensee to respond, i f required by State law, has
199203 reason to believe is not groundless and, if proved true, would
200204 indicate more than a minor infraction; or
201205 2. Investigative Informat ion that indicates that the subject
202206 Licensee represents an immediate threat to public health and safety
203207 regardless of whether the subject Licensee has been notified and had
204208 an opportunity to respond .
205209 K. “Data System” means a repository of information abou t
206210 Licensees, including, but not limited to, Continuing Education,
207211 examination, licensure, invest igative, Compact Privilege and Adverse
208212 Action information.
209213 L. “Encumbered License” means a License in which an Adverse
210214 Action restricts a Licensee ’s ability to practice dietetics.
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237242 M. “Encumbrance” means a revocation or suspension of, or any
238243 limitation on a Licensee ’s full and unrestricted Practice of
239244 Dietetics by a Licensing Authority .
240245 N. “Executive Committee” means a group of delegates elected or
241246 appointed to act on behalf of, and within the powers granted to them
242247 by, this Compact, and the Compact Commi ssion.
243248 O. “Home State” means the Member State that is the Licensee ’s
244249 primary State of residence or that has been designated pursuant to
245250 Section 6.
246251 P. “Investigative Information” means information, records, and
247252 documents received or generated by a Licensing Authority pursuant to
248253 an investigation.
249254 Q. “Jurisprudence Requirement ” means an assessment of an
250255 individual’s knowledge of the State laws and regulations go verning
251256 the Practice of Dietetics in such State .
252257 R. “License” means an authorization from a Mem ber State to
253258 either:
254259 1. Engage in the Practice of Dietetics (including medical
255260 nutrition therapy); or
256261 2. Use the title “dietitian,” “licensed dietitian,” “licensed
257262 dietitian nutritionist, ” “certified dietitian, ” or other title
258263 describing a substantially similar practitioner as the Compact
259264 Commission may further define by Rule .
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286292 S. “Licensee” or “Licensed Dietitian” means an individual who
287293 currently holds a Lice nse and who meets all of the requirements
288294 outlined in Section 4 .
289295 T. “Licensing Authority” means the board or agency of a State,
290296 or equivalent, that is responsible for the licensing and regulation
291297 of the Practice of Dietetics .
292298 U. “Member State” means a State that has enacted the Compact .
293299 V. “Practice of Dietetics ” means the synthesis and application
294300 of dietetics, primarily for the provision of nutrition care
295301 services, including medical nutrition therapy, in person or via
296302 telehealth, to prevent, manage, or treat diseases or medical
297303 conditions and promote wellness .
298304 W. “Registered Dietitian ” means a person who:
299305 1. Has completed applicable education, experience, examination,
300306 and recertification requirements approved by CDR;
301307 2. Is credentialed by CDR as a re gistered dietitian or a
302308 registered dietitian nutritionist; and
303309 3. Is legally authorized to use the title registered dietitian
304310 or registered dietitian nutritionist and the corresponding
305311 abbreviations “RD” or “RDN”.
306312 X. “Remote State” means a Member State o ther than the Home
307313 State, where a Licensee is exercising or seeking to exercise a
308314 Compact Privilege.
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335342 Y. “Rule” means a regulation promulgated by the Compact
336343 Commission that has the force of law.
337344 Z. “Single State License ” means a License issued by a Membe r
338345 State within the issuing State and does not include a Compact
339346 Privilege in any other Member Stat e.
340347 AA. “State” means any state, commonwealth, district, or
341348 territory of the United States of America.
342349 BB. “Unencumbered License ” means a License that author izes a
343350 Licensee to engage in the full and unrestricted Practice of
344351 Dietetics.
345352 SECTION 3: STATE PARTICIPATION IN THE COMPACT
346353 A. To participate in the Compact, a State must currently:
347354 1. License and regulate the Practice of Dietetics; and
348355 2. Have a mechanism in place for receiving and investigating
349356 complaints about Licensees.
350357 B. A Member State shall:
351358 1. Participate fully in the Compact Commission ’s Data System,
352359 including using the unique identifier as defined in Rules;
353360 2. Notify the Compact Commission, in compliance with the terms
354361 of the Compact and Rules, of any Adverse Action or the availabilit y
355362 of Current Significant Investigative Information regarding a
356363 Licensee;
357364 3. Implement or utilize procedures for considering the criminal
358365 history record informa tion of applicants for an initial Compact
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385393 Privilege. These procedures shall include the submission of
386394 fingerprints or other biometric -based information by applicants for
387395 the purpose of obtaining an applicant ’s criminal history record
388396 information from the Federal Bureau of Investigation and the agency
389397 responsible for retaining that State ’s criminal records;
390398 a. A Member State must fully implement a criminal history
391399 record information requirement, within a time frame
392400 established by Rule, which includes receiv ing the
393401 results of the Federal Bureau of Investigation record
394402 search and shall use those results in determining
395403 Compact Privilege eligibility.
396404 b. Communication between a Member State and the Compact
397405 Commission or among Member States regarding the
398406 verification of eligibility for a Compact Privilege
399407 shall not include any information received from the
400408 Federal Bureau of Investigation relating to a federal
401409 criminal history record information check performed by
402410 a Member State;
403411 4. Comply with and enforce the Rule s of the Compact Commission;
404412 5. Require an applicant for a Compact Privilege to obtain or
405413 retain a License in the Licensee ’s Home State and meet the Home
406414 State’s qualifications for licensure or renewal of licensure, as
407415 well as all other applicable State l aws; and
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434443 6. Recognize a Compact Privilege granted to a Licensee who
435444 meets all of the requiremen ts outlined in Section 4 in accordance
436445 with the terms of the Compact and Rules.
437446 C. Member States may set and collect a fee for granting a
438447 Compact Privilege.
439448 D. Individuals not residing in a Member State shall continue to
440449 be able to apply for a Member State ’s Single State License as
441450 provided under the laws of each Member State. However, the Single
442451 State License granted to these individuals shall not be recogniz ed
443452 as granting a Compact Privilege to engage in the Practice of
444453 Dietetics in any other Member St ate.
445454 E. Nothing in this Compact shall affect the requirements
446455 established by a Member State for the issuance of a Single State
447456 License.
448457 F. At no point shall the Compact Commission have the power to
449458 define the requirements for the issuance of a Single State License
450459 to practice dietetics. The Member States shall retain sole
451460 jurisdiction over the provision of these requirements.
452461 SECTION 4: COMPACT PRIVILEGE
453462 A. To exercise the Compact Privilege under the terms and
454463 provisions of the Compact, the Licensee sh all:
455464 1. Satisfy one of the following:
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482492 a. hold a valid current registration that gives the
483493 applicant the right to use the term Registered
484494 Dietitian, or
485495 b. complete all of the following:
486496 (1) an education program which is either:
487497 (a) a master’s degree or doctoral degree that is
488498 programmatically accredited by :
489499 (i) ACEND, or
490500 (ii) a dietetics accrediting agency
491501 recognized by the United States
492502 Department of Education, which the
493503 Compact Commission may by Rule
494504 determine, and from a college or
495505 university accredited at the time of
496506 graduation by the appropriate regional
497507 accrediting agency recognized by the
498508 Council on Higher Education
499509 Accreditation and the United States
500510 Department of Education, or
501511 (b) an academic degree from a college or
502512 university in a foreign country equivalent
503513 to the degree described in subdivision (a)
504514 that is programmatically accredited by :
505515 (i) ACEND, or
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532543 (ii) a dietetics accrediting agency
533544 recognized by the United States
534545 Department of Education, which the
535546 Compact Commission may by Rule
536547 determine,
537548 (2) a planned, documented, supervised practice
538549 experience in dietetics that is programmatically
539550 accredited by:
540551 (a) ACEND, or
541552 (b) a dietetics accrediting agency rec ognized by
542553 the United States Department of Education
543554 which the Compact Commission may by Rule
544555 determine and which involves at least one
545556 thousand (1000) hours of practice experience
546557 under the supervision of a Registered
547558 Dietitian or a Licensed Dietitian, and
548559 (3) successful completion of either:
549560 (a) the Registration Examination for Dietitians
550561 administered by CDR, or
551562 (b) a national credentialing examination for
552563 dietitians approved by the Compact
553564 Commission by Rule; such completion being no
554565 more than five (5) y ears prior to the date
555566 of the Licensee’s application for initial
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582594 licensure and accompanied by a period of
583595 continuous licensure thereafter, all of
584596 which may be further governed by the Rules
585597 of the Compact Commission;
586598 2. Hold an Unencumbered License in the Home State;
587599 3. Notify the Compact Commission that the Licensee is seeking a
588600 Compact Privilege within a Remote State(s);
589601 4. Pay any applicable fees, including any State fee, for the
590602 Compact Privilege;
591603 5. Meet any Jurisprudence Requirements established by the
592604 Remote State(s) in which the Licensee is seeking a Compact
593605 Privilege; and
594606 6. Report to the Compact Commission any Adverse Action,
595607 Encumbrance, or restriction on a License taken by any non -Member
596608 State within thirty (30) days from the date the action is taken.
597609 B. The Compact Privilege is valid until the expiration date of
598610 the Home State License . To maintain a Compact Privilege, renewal of
599611 the Compact Privilege shall be congruent with the renewal of the
600612 Home State License as the Compact Commission may define by Rule.
601613 The Licensee must comply with the requirements of Section 4(A) to
602614 maintain the Compact Privilege in the Remote State(s).
603615 C. A Licensee exercising a Compact Privilege shall adhere to
604616 the laws and regulations of the Remote State. Licensee s shall be
605617 responsible for educating themselves on, and complying with, any and
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632645 all State laws relating to the Practice of Dietetics in such Remote
633646 State.
634647 D. Notwithstanding anything to the contrary provided in this
635648 Compact or State law, a Licensee exerci sing a Compact Privilege
636649 shall not be required to complete Continuing Education Requirements
637650 required by a Remote State. A Licensee exercising a Compact
638651 Privilege is only required to meet any Continuing Education
639652 Requirements as required by the Home State .
640653 SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A
641654 COMPACT PRIVILEGE
642655 A. A Licensee may hold a Home State License, which allows for a
643656 Compact Privilege in other Member States, in only one Member State
644657 at a time.
645658 B. If a Licensee changes Home Stat e by moving between two
646659 Member States:
647660 1. The Licensee shall file an application for obtaining a new
648661 Home State License based on a Compact Privilege, pay all applicable
649662 fees, and notify the current and new Home State in accordance with
650663 the Rules of the Compact Commission;
651664 2. Upon receipt of an application for obtaining a new Home
652665 State License by virtue of a Compact Privilege, the new Home State
653666 shall verify that the Licensee meets the criteria in Section 4 via
654667 the Data System, and require that the Licens ee complete the
655668 following:
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682696 a. Federal Bureau of Investigation fingerprint based
683697 criminal history record information check,
684698 b. any other criminal history record information required
685699 by the new Home State, and
686700 c. any Jurisprudence Requirements of the new Hom e State;
687701 3. The former Home State shall convert the former Home State
688702 License into a Compact Pr ivilege once the new Home State has
689703 activated the new Home State License in accordance with applicable
690704 Rules adopted by the Compact Commission;
691705 4. Notwithstanding any other provision of this Compact, if the
692706 Licensee cannot meet the criteria in Section 4, the new Home State
693707 may apply its requirements for issuing a new Single State License;
694708 and
695709 5. The Licensee shall pay all applicable fees to the new Home
696710 State in order to be issued a new Home State License.
697711 C. If a Licensee changes their State of residenc e by moving
698712 from a Member State to a non -Member State, or from a non -Member
699713 State to a Member State, the State criteria shall apply for issuance
700714 of a Single State License in the new State.
701715 D. Nothing in this Compact shall interfere with a Licensee ’s
702716 ability to hold a Single State License in multiple States; however,
703717 for the purposes of this Compact, a Licensee shall have only one
704718 Home State License.
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731746 E. Nothing in this Compact shall affect the requirements
732747 established by a Member State for the issuance of a Single State
733748 License.
734749 SECTION 6: ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
735750 An Active Military Member, or their spouse, shall designate a
736751 Home State where the individual has a current License in good
737752 standing. The individual may retain the Home State designation
738753 during the period the service member is on active duty.
739754 SECTION 7: ADVERSE ACTIONS
740755 A. In addition to the other powers conferred by State law, a
741756 Remote State shall have the authority, in accordance with existing
742757 State due process law, to:
743758 1. Take Adverse Action against a Licensee ’s Compact Privilege
744759 within that Member State; and
745760 2. Issue subpoenas for both hearings and investigations that
746761 require the attendance and testimony of witnesses as well as the
747762 production of evidence. Subpoenas issued by a Licensing Authority
748763 in a Member State for the attendance and testimony of witnesses or
749764 the production of evidence from another Member State shall be
750765 enforced in the latter State by any court of competent jurisdiction,
751766 according to the practice and proc edure applicable to subpoenas
752767 issued in proceedings pending before that court. The issuing
753768 authority shall pay any witness fees, travel expenses, mileage, and
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780796 other fees required by the service statutes of the State in which
781797 the witnesses or evidence is located.
782798 B. Only the Home State shall have the power to take Adverse
783799 Action against a Licensee ’s Home State License.
784800 C. For purposes of taking Adverse Action, the Home State shall
785801 give the same priority and effect to reported conduct received from
786802 a Member State as it would if the conduct had occurred within the
787803 Home State. In so doing, the Home State shall apply its own State
788804 laws to determine appropriate acti on.
789805 D. The Home State shall complete any pending investigations of
790806 a Licensee who changes Home States during the course of the
791807 investigations. The Home State shall also have authority to take
792808 appropriate action(s) and shall promptly report the conclusion s of
793809 the investigations to the administrator of the Data System. The
794810 administrator of the Data System shall promptly notify the new Home
795811 State of any Adverse Actions.
796812 E. A Member State, if otherwise permitted by State law, may
797813 recover from the affected L icensee the costs of investigations and
798814 dispositions of cases resulting from any Adverse Action taken
799815 against that Licensee.
800816 F. A Member State may take Adverse Action based on the factual
801817 findings of another Remote State, provided that the Member State
802818 follows its own procedures for taking the Adverse Action.
803819 G. Joint Investigations.
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830847 1. In addition to the authority granted to a Member State by
831848 its respective State law, any Member State may participate with
832849 other Member States in joint investigations of L icensees.
833850 2. Member States shall share any investigative, litigation, or
834851 compliance materials in furtherance of any joint investigation
835852 initiated under the Compact.
836853 H. If Adverse Action is taken by the Home State against a
837854 Licensee’s Home State License r esulting in an Encumbrance on the
838855 Home State License, the Licensee ’s Compact Privilege(s) in all other
839856 Member States shall be revoked until all Encumbrances have been
840857 removed from the Home State License. All Home State disciplinary
841858 orders that impose Adve rse Action against a Licensee shall include a
842859 statement that the Licensee ’s Compact Privileges are revoked in all
843860 Member States during the pendency of the order.
844861 I. Once an Encumbered License in the Home State is restored to
845862 an Unencumbered License (as ce rtified by the Home State ’s Licensing
846863 Authority), the Licensee must meet the requirements of Sec tion 4(A)
847864 and follow the administrative requirements to reapply to obtain a
848865 Compact Privilege in any Remote State.
849866 J. If a Member State takes Adverse Action, i t shall promptly
850867 notify the administrator of the Data System. The administrator of
851868 the Data System shall promptly notify the other Member States of any
852869 Adverse Actions.
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879897 K. Nothing in this Compact shall override a Member State ’s
880898 decision that participatio n in an Alternative Program may be used in
881899 lieu of Adverse Action.
882900 SECTION 8: ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
883901 COMMISSION
884902 A. The Compact Member States hereby create and establish a
885903 joint government agency whose membership consists of all Member
886904 States that have enacted the Compact known as the Dietitian
887905 Licensure Compact Commission. The Compact Commission is an
888906 instrumentality of the Compact States acting jointly and not an
889907 instrumentality of any one State. The Compact Commission shall c ome
890908 into existence on or after the effective date of the Compact as set
891909 forth in Section 12.
892910 B. Membership, Voting, and Meetings .
893911 1. Each Member State shall have and be limited to one (1)
894912 delegate selected by that Member State’s Licensing Authority.
895913 2. The delegate shall be the primary administrator of the
896914 Licensing Authority or their designee.
897915 3. The Compact Commission shall by Rule or bylaw establish a
898916 term of office for delegates and may by Rule or bylaw establish term
899917 limits.
900918 4. The Compact Commission may recommend removal or suspension
901919 of any delegate from office.
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928947 5. A Member State’s Licensing Authority shall fill any vacancy
929948 of its delegate occurring on the Compact Commission within sixty
930949 (60) days of the vacancy.
931950 6. Each delegate shall be entit led to one vote on all matters
932951 before the Compact Commission requiring a vote by the delegates.
933952 7. Delegates shall meet and vote by such means as set forth in
934953 the bylaws. The bylaws may provide for delegates to meet and vote
935954 in person or by telecommunica tion, video conference, or other means
936955 of communication.
937956 8. The Compact Commission shall meet a t least once during each
938957 calendar year. Additional meetings may be held as set forth in the
939958 bylaws. The Compact Commission may meet in person or by
940959 telecommunication, video conference, or other means of
941960 communication.
942961 C. The Compact Commission shall have the following powers:
943962 1. Establish the fiscal year of the Compact Commission;
944963 2. Establish code of conduct and conflict of interest policies;
945964 3. Establish and amend Rules and bylaws;
946965 4. Maintain its financial records in accordance with the
947966 bylaws;
948967 5. Meet and take such actions as are consistent with the
949968 provisions of this Compact, the Compact Commission’s Rules, and the
950969 bylaws;
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977997 6. Initiate and conclude le gal proceedings or actions in the
978998 name of the Compact Commission, provided that the standing of any
979999 Licensing Authority to sue or be sued under applicable law shall not
9801000 be affected;
9811001 7. Maintain and certify records and information provided to a
9821002 Member State as the authenticated business records of the Compact
9831003 Commission, and designate an agent to do so on the Compact
9841004 Commission’s behalf;
9851005 8. Purchase and maintain insurance and bonds;
9861006 9. Borrow, accept, or contract for services of personnel,
9871007 including, but not limited to, employees of a Member State;
9881008 10. Conduct an annual financial review;
9891009 11. Hire employees, elect or appoint officers, fix
9901010 compensation, define duties, grant such individuals appropriate
9911011 authority to carry out the purposes of the Compact, and establish
9921012 the Compact Commission ’s personnel policies and programs relating to
9931013 conflicts of interest, qualifications of personnel, and other
9941014 related personnel matters;
9951015 12. Assess and collect fees;
9961016 13. Accept any and all appropriate donations, grants of money,
9971017 other sources of revenue, equipment, supplies, materials, services,
9981018 and gifts, and receive, utilize, and dispose of the same; provided,
9991019 that at all times the Compact Commission shall avoid any actual or
10001020 appearance of impropriety or conflict of inte rest;
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10271048 14. Lease, purchase, retain, own, hold, improve, or use any
10281049 property, real, personal, or mixed, or any undivided interest
10291050 therein;
10301051 15. Sell, convey, mortgage, pledge, lease, exchange, abandon,
10311052 or otherwise dispose of any property, real, personal, or mixed;
10321053 16. Establish a budget and make expenditures;
10331054 17. Borrow money;
10341055 18. Appoint committees, including standing committees, composed
10351056 of members, State regulators, State legislators or their
10361057 representatives, and consumer representatives, and such other
10371058 interested persons as may be designated in this Compact or the
10381059 bylaws;
10391060 19. Provide and receive information from, and cooperate with,
10401061 law enforcement agencies;
10411062 20. Establish and elect an Executive Committee, including a
10421063 chair and a vice chair;
10431064 21. Determine whether a State ’s adopted language is materially
10441065 different from the model compact language such that the State would
10451066 not qualify for participation in the Compact; and
10461067 22. Perform such other functions as may be necessary or
10471068 appropriate to achieve th e purposes of this Compact.
10481069 D. The Executive Committee .
10491070 1. The Executive Committee shall have the power to act on
10501071 behalf of the Compact Commission according to the terms of this
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10771099 Compact. The powers, duties, and responsibilities of the Executive
10781100 Committee shall include:
10791101 a. oversee the day-to-day activities of the
10801102 administration of the Compact including enforcement
10811103 and compliance with the provisions of the Compact, its
10821104 Rules and bylaws, and other such duties as deemed
10831105 necessary,
10841106 b. recommend to the Compact Commission changes to the
10851107 Rules or bylaws, changes to this Compact legislation,
10861108 fees charged to Compact Member States, fees charged to
10871109 Licensees, and other fees ,
10881110 c. ensure Compact administration services are
10891111 appropriately provided, including by contract,
10901112 d. prepare and recommend the budget ,
10911113 e. maintain financial records on behalf of the Compact
10921114 Commission,
10931115 f. monitor Compact compliance of Member States and
10941116 provide compliance reports to the Compact Commission ,
10951117 g. establish additional committees as necessary ,
10961118 h. exercise the powers and duties of the Compact
10971119 Commission during the interim between Compact
10981120 Commission meetings, except for adopting or amending
10991121 Rules, adopting or amending bylaws, and exercising any
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11261149 other powers and duties expressly reserved to the
11271150 Compact Commission by Rule or bylaw , and
11281151 i. other duties as provided in the Rules or bylaws of the
11291152 Compact Commission.
11301153 2. The Executive Committee shall be composed of nine (9)
11311154 members:
11321155 a. the chair and vice chair of the Compact Commission ,
11331156 who shall be voting members of the Executive
11341157 Committee,
11351158 b. five voting members from the current membership of th e
11361159 Compact Commission, elected by the Compact Commission ,
11371160 c. one ex officio, nonvoting member from a recognized
11381161 professional association representing dietitians , and
11391162 d. one ex officio, nonvoting member from a recognized
11401163 national credentialing organization for dietitians.
11411164 3. The Compact Commission may remove any member of the
11421165 Executive Committee as provided in the Compact Commission ’s bylaws.
11431166 4. The Executive Committee shall meet at least annually.
11441167 a. Executive Committee meetings shall be open to the
11451168 public, except that the Executive Committee may meet
11461169 in a closed, nonpublic meeting as provided in
11471170 subsection (F)(2) of this section.
11481171 b. The Executive Committee shall give thirty (30) days’
11491172 notice of its meetings, posted on the website of the
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11761200 Compact Commission and as determined to provide notice
11771201 to persons with an interest in the business of the
11781202 Compact Commission.
11791203 c. The Executive Committee may hold a special meeting in
11801204 accordance with subsection (F)(1)(b) of this section.
11811205 E. The Compact Commission shall adopt and provide to the Member
11821206 States an annual report.
11831207 F. Meetings of the Compact Commission.
11841208 1. All meetings shall be open to the public, except that the
11851209 Compact Commission may meet in a closed, nonpublic meeting as
11861210 provided in subsection (F)(2) of this section.
11871211 a. Public notice for all meetings of the full Compact
11881212 Commission shall be given in the same manner as
11891213 required under the rulemaking provisions in Section
11901214 10, except that the Compact Commission may hold a
11911215 special meeting as provided in subsection (F)(1)(b) of
11921216 this section.
11931217 b. The Compact Commission may hold a special meeting when
11941218 it must meet to conduct emergency business by giving
11951219 twenty-four (24) hours’ notice to all Member States,
11961220 on the Compact Commission’s website, and other means
11971221 as provided in the Compact Commission ’s Rules. The
11981222 Compact Commission’s legal counsel shall certify that
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12251250 the Compact Commission’s need to meet qualifies as an
12261251 emergency.
12271252 2. The Compact Commission or the Executive Committee or other
12281253 committees of the Compact Commission may convene in a closed,
12291254 nonpublic meeting for the Compact Commission or Executive Committee
12301255 or other committees of the Compact Commission to receive legal
12311256 advice or to discuss:
12321257 a. noncompliance of a Member State with its obligations
12331258 under the Compact,
12341259 b. the employment, compensation, discipline, or other
12351260 matters, practices, or procedures related to specific
12361261 employees,
12371262 c. current or threatened discipline of a Lic ensee by the
12381263 Compact Commission or by a Member State’s Licensing
12391264 Authority,
12401265 d. current, threatened, or reasonably anticipated
12411266 litigation,
12421267 e. negotiation of contracts for the purchase, lease, or
12431268 sale of goods, services, or real estate,
12441269 f. accusing any person of a crime or formally censuring
12451270 any person,
12461271 g. trade secrets or commercial or financial information
12471272 that is privileged or confidential,
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12741300 h. information of a personal nature where disclosure
12751301 would constitute a clearly unwarranted invasion of
12761302 personal privacy,
12771303 i. investigative records compiled for law enforcement
12781304 purposes,
12791305 j. information related to a ny investigative reports
12801306 prepared by or on behalf of or for use of the Compact
12811307 Commission or other committee charged with
12821308 responsibility of investigation or det ermination of
12831309 compliance issues pursuant to the Compact ,
12841310 k. matters specifically exempted from disclosure by
12851311 federal or Member State law , or
12861312 l. other matters as specified in the Rules of the Compact
12871313 Commission.
12881314 3. If a meeting, or portion of a meeting, is closed, the
12891315 presiding officer shall state that the meeting will be closed and
12901316 reference each relevant exempting provision, and such reference
12911317 shall be recorded in the minutes.
12921318 4. The Compact Commission shall keep minutes that fully and
12931319 clearly describe all matters discussed in a meeting and shall
12941320 provide a full and accurate summary of actions taken, and the
12951321 reasons therefore, including a description of the views expressed.
12961322 All documents considered in connection with an action shall be
12971323 identified in such minutes. All minutes and documents of a closed
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13241351 meeting shall remain under seal, subject to rele ase only by a
13251352 majority vote of the Compact Commission or order of a court of
13261353 competent jurisdiction.
13271354 G. Financing of the Compact Commission.
13281355 1. The Compact Commission shall pay, or provide for the payment
13291356 of, the reasonable expenses of its establishment, organization, and
13301357 ongoing activities.
13311358 2. The Compact Commission may accept any and all appropriate
13321359 revenue sources as provided in subsection (C)(13) of this section.
13331360 3. The Compact Commission may levy on and collect an annual
13341361 assessment from each Member State and impose fees on Licensees of
13351362 Member States to whom it grants a Compact Privilege to cover the
13361363 cost of the operations and activities of the Compact Commission and
13371364 its staff, which must, in a total amount, be sufficient to cover its
13381365 annual budget as approved each year for which revenue is not
13391366 provided by other sources. The aggregate annual assessment amount
13401367 for Member States shall be allocated based upon a formula that the
13411368 Compact Commission shall promulgate by Rule.
13421369 4. The Compact Commission shal l not incur obligations of any
13431370 kind prior to securing the funds adequate to meet the same; nor
13441371 shall the Compact Commission pledge the credit of any of the Member
13451372 States, except by and with the authority of the Member State.
13461373 5. The Compact Commission shall keep accurate accounts of all
13471374 receipts and disbursements. The receipts and disbursements of the
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13741402 Compact Commission shall be subject to the financial review and
13751403 accounting procedures established under its bylaws. However, all
13761404 receipts and disbursements of funds handled by the Compact
13771405 Commission shall be subject to an annual financial review by a
13781406 certified or licensed public accountant, and the report of the
13791407 financial review shall be included in and become part of the annual
13801408 report of the Compact Commission.
13811409 H. Qualified Immunity, Defense, and Indemnification .
13821410 1. The members, officers, executive director, employees and
13831411 representatives of the Compact Commission shall be immune from suit
13841412 and liability, both personally and in their official capacity, for
13851413 any claim for damage to or loss of property or personal injury or
13861414 other civil liability caused by or arising out of any actual or
13871415 alleged act, error, or omission that occurred, or that the person
13881416 against whom the claim is made had a reasonable basis for believing
13891417 occurred within the scope of Compact Commission employment, duties,
13901418 or responsibilities; provided , that nothing in this paragraph shall
13911419 be construed to protect any such person from suit or liability for
13921420 any damage, loss, injury, or liability caused b y the intentional or
13931421 willful or wanton misconduct of that person. The procurement of
13941422 insurance of any type by the Compact Commission shall not in any way
13951423 compromise or limit the immunity granted hereunder.
13961424 2. The Compact Commission shall defend any member, officer,
13971425 executive director, employee, and representative of the Compact
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14241453 Commission in any civil action seeking to impose liability arising
14251454 out of any actual or alleged act, error, or omission that occurred
14261455 within the scope of Compact Commission employm ent, duties, or
14271456 responsibilities, or as determined by the Compact Commission that
14281457 the person against whom the claim is made had a reasonable basis for
14291458 believing occurred within the scope of Compact Commission
14301459 employment, duties, or responsibilities; provided that nothing
14311460 herein shall be construed to prohibit that person from retaining
14321461 their own counsel at their own expense; and provided further, that
14331462 the actual or alleged act, error, or omission did not result from
14341463 that person’s intentional or willful or wa nton misconduct.
14351464 3. The Compact Commission shall indemnify and hold harmless any
14361465 member, officer, executive director, employee, and representative of
14371466 the Compact Commission for the amount of any settlement or judgment
14381467 obtained against that person arising out of any actual or alleged
14391468 act, error, or omission that occurred within the scope of Compact
14401469 Commission employment, duties, or responsibilities, or that such
14411470 person had a reasonable basis for believing occurred within the
14421471 scope of Compact Commission empl oyment, duties, or responsibilities,
14431472 provided that the actual or alleged act, error, or omission did not
14441473 result from the intentional or willful or wanton miscon duct of that
14451474 person.
14461475 4. Nothing herein shall be construed as a limitation on the
14471476 liability of any Licensee for professional malpractice or
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14741504 misconduct, which shall be governed solely by any other applicable
14751505 State laws.
14761506 5. Nothing in this Compact shall be interpreted to waive or
14771507 otherwise abrogate a Member State’s state action immunity or state
14781508 action affirmative defense with respect to antitrust claims under
14791509 the Sherman Act, Clayton Act, or any other State or federal
14801510 antitrust or anticompetitive law or reg ulation.
14811511 6. Nothing in this Compact shall be construed to be a waiver of
14821512 sovereign immunity by the Member States or by the Compact
14831513 Commission.
14841514 SECTION 9: DATA SYSTEM
14851515 A. The Compact Commission shall provide for the development,
14861516 maintenance, operation, an d utilization of a coordinated Data
14871517 System.
14881518 B. The Compact Commission shall assign each applica nt for a
14891519 Compact Privilege a unique identifier, as determined by the Rules.
14901520 C. Notwithstanding any other provision of State law to the
14911521 contrary, a Member State shall submit a uniform data set to the Data
14921522 System on all individuals to whom this Compact is applicable as
14931523 required by the Rules of the Compact Commission, including:
14941524 1. Identifying information;
14951525 2. Licensure data;
14961526 3. Adverse Actions against a License or Compact Privilege and
14971527 information related thereto;
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15241555 4. Nonconfidential information related to Alternative Program
15251556 participation, the beginning and ending dates of such participation,
15261557 and other information related to such participation not made
15271558 confidential under Member State law;
15281559 5. Any denial of application for licensure, and the reason(s)
15291560 for such denial;
15301561 6. The presence of Current Significant Investigative
15311562 Information; and
15321563 7. Other information that may facilitate the administration of
15331564 this Compact or the protection of the public, as determined by the
15341565 Rules of the Compact Commission.
15351566 D. The records and information provided to a Member State
15361567 pursuant to this Compact or through the Data System, when certified
15371568 by the Compact Commission or an agent ther eof, shall constitute the
15381569 authenticated business records of the Compact Commission, and shall
15391570 be entitled to any associated hearsay exception in any relevant
15401571 judicial, quasi-judicial, or administrative proceedings in a Member
15411572 State.
15421573 E. Current Significant Investigative Information pertaining to
15431574 a Licensee in any Member State will only be available t o other
15441575 Member States.
15451576 F. It is the responsibility of the Member States to report any
15461577 Adverse Action against a Licensee and to monitor the Data System to
15471578 determine whether any Adverse Action has been taken against a
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15741606 Licensee. Adverse Action information pertaining to a Licensee in
15751607 any Member State will be available to any other Member State.
15761608 G. Member States contributing information to the Data System
15771609 may designate information that may not be shared with the public
15781610 without the express permission of the co ntributing State.
15791611 H. Any information submitted to the Data System that is
15801612 subsequently expunged pursuant to federal law or the laws of the
15811613 Member State contrib uting the information shall be removed from the
15821614 Data System.
15831615 SECTION 10: RULEMAKING
15841616 A. The Compact Commission shall promulgate reasonable Rules in
15851617 order to effectively and efficiently implement and administer the
15861618 purposes and provisions of the Compact. A Rule shall be invalid and
15871619 have no force or effect only if a court of competent jurisdiction
15881620 holds that the Rule is invalid because the Compact Commission
15891621 exercised its rulemaking authority in a manner that is beyond the
15901622 scope and purposes of the Compact, or the powers granted hereunder,
15911623 or based upon another applicable standard of review.
15921624 B. The Rules of the Compact Commission shall have the force of
15931625 law in each Member State; provided, however, that where the Rules
15941626 conflict with the laws or regulations o f a Member State that relate
15951627 to the procedures, actions, and processes a Licensed Dietitian is
15961628 permitted to undertake in that State and the circumstances under
15971629 which they may do so, as held by a court of competent jurisdiction,
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16241657 the Rules of the Compact Com mission shall be ineffective in that
16251658 State to the extent of the conflict.
16261659 C. The Compact Commission shall exercise its rulemaking powers
16271660 pursuant to the criteria set forth in this section and the Rules
16281661 adopted thereunder. Rules shall become binding on th e day following
16291662 adoption or as of the date specified in the Rule or amendment,
16301663 whichever is later.
16311664 D. If a majority of the legislatures of the Member States
16321665 rejects a Rule or portion of a Rule, by enactment of a statute or
16331666 resolution in the same manner us ed to adopt the Compact within four
16341667 (4) years of the date of adoption of the Rule, then such Rule shall
16351668 have no further force and effect in any Member State.
16361669 E. Rules shall be adopted at a regular or special meeting of
16371670 the Compact Commission.
16381671 F. Prior to adoption of a proposed Rule, the Compact Commission
16391672 shall hold a public hearing and allow perso ns to provide oral and
16401673 written comments, data, facts, opinions, and arguments.
16411674 G. Prior to adoption of a proposed Rule by the Compact
16421675 Commission, and at least thirty (30) days in advance of the meeting
16431676 at which the Compact Commission will hold a public hearing on the
16441677 proposed Rule, the Compact Commission shall provide a Notice of
16451678 Proposed rulemaking:
16461679 1. On the website of the Compact Commission or other publicly
16471680 accessible platform;
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16741708 2. To persons who have requested notice of the Compact
16751709 Commission’s notices of proposed rulemaking; and
16761710 3. In such other way(s) as the Compact Commission may by Rule
16771711 specify.
16781712 H. The Notice of Proposed rulemaking shall include:
16791713 1. The time, date, and location of the public hearing at which
16801714 the Compact Commission will hear public comments on the proposed
16811715 Rule and, if different, the time, date, and location of the meeting
16821716 where the Compact Commission will consider and vote on the prop osed
16831717 Rule;
16841718 2. If the hearing is held via telecommunication, video
16851719 conference, or other means of communication, the Compact Commission
16861720 shall include the mechanism for access to the hearing in the Notice
16871721 of Proposed rulemaking;
16881722 3. The text of the proposed Rule and the reason therefore;
16891723 4. A request for comments on the proposed Rule from any
16901724 interested person; and
16911725 5. The manner in which interested persons may submit written
16921726 comments.
16931727 I. All hearings will be recorded. A copy of the recording and
16941728 all written comments and documents received by the Compact
16951729 Commission in response to the proposed Rule sh all be available to
16961730 the public.
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17231758 J. Nothing in this section shall be construed as requiring a
17241759 separate hearing on each Rule. Rules may be grouped for the
17251760 convenience of the Compact Commission at hearings required by this
17261761 section.
17271762 K. The Compact Commission shall, by majority vote of all
17281763 members, take final action on the proposed Rule based on the
17291764 rulemaking record and the full text of the Rule.
17301765 1. The Compact Commission may adopt changes to the proposed
17311766 Rule provided the changes do not enlarge the origina l purpose of the
17321767 proposed Rule.
17331768 2. The Compact Commission shall provide an explanation of the
17341769 reasons for substantive changes made to the proposed Rule as well as
17351770 reasons for substantive changes not made that were recommended by
17361771 commenters.
17371772 3. The Compact Commission shall determine a reasonable
17381773 effective date for the Rule. Except for an emergency as provided in
17391774 Section 10(L), the effective date of the Rule sha ll be no sooner
17401775 than thirty (30) days after issuing the notice that it adopted or
17411776 amended the Rule.
17421777 L. Upon determination that an emergency exists, the Compact
17431778 Commission may consider and adopt an emergency Rule with twenty-four
17441779 (24) hours’ notice, with opportunity to comment, provided that the
17451780 usual rulemaking procedures provided in the Compact and in this
17461781 section shall be retroactively applied to the Rule as soon as
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17731809 reasonably possible, in no event later than ninety (90) days after
17741810 the effective date of the Rule. For the purposes of this provision,
17751811 an emergency Rule is one that must be adopted imm ediately in order
17761812 to:
17771813 1. Meet an imminent threat to public health, safety, or
17781814 welfare;
17791815 2. Prevent a loss of Compact Commission or Member State funds;
17801816 3. Meet a deadline for the promulgation of a Rule that is
17811817 established by federal law or rule; or
17821818 4. Protect public health and safety.
17831819 M. The Compact Commission or an authorized committee of the
17841820 Compact Commission may direct revision to a previously adopted Rule
17851821 for purposes of correcting typographical errors, errors in format,
17861822 errors in consistency, or gr ammatical errors. Public notice of any
17871823 revision shall be posted on the website of the Compact Commission.
17881824 The revision shall be subject to challenge by any person for a
17891825 period of thirty (30) days after posting. The revision may be
17901826 challenged only on grounds that the revision results in a material
17911827 change to a Rule. A challenge shall be made in writing and
17921828 delivered to the Compact Commission prior to the end of the notice
17931829 period. If no challenge is made, the revision will take effect
17941830 without further action. If the revision is challenged, the revision
17951831 may not take effect without the approval of the Compact Commission.
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18221859 N. No Member State’s rulemaking requiremen ts shall apply under
18231860 this Compact.
18241861 SECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
18251862 A. Oversight.
18261863 1. The executive and judicial branches of State government in
18271864 each Member State shall enforce this Compact and take all actions
18281865 necessary and appropriate to implement this Compact.
18291866 2. Except as otherwise provided in this Compact, venue is
18301867 proper and judicial proceedings by or against the Compact Commission
18311868 shall be brought solely and exclusively in a court of competent
18321869 jurisdiction where the princ ipal office of the Compact Commission is
18331870 located. The Compact Commission may waive venue and jurisdictional
18341871 defenses to the extent it adopts or consents to participate in
18351872 alternative dispute resolution proceedings. Nothing herein shall
18361873 affect or limit the selection or propriety of venue in any action
18371874 against a Licensee for professional malpractice, misconduct, or any
18381875 such similar matter.
18391876 3. The Compact Commission shall be entitled to receive service
18401877 of process in any proceeding regarding the enforcement or
18411878 interpretation of the Compact and shall have standing to intervene
18421879 in such a proceeding for all purposes. Failure to provide the
18431880 Compact Commission service of process shall render a judgment or
18441881 order void as to the Compact Commission, this Compact, or
18451882 promulgated Rules.
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18721910 B. Default, Technical Assistance, and Termination.
18731911 1. If the Compact Commis sion determines that a Member State has
18741912 defaulted in the performance of its obligations or responsibilities
18751913 under this Compact or the promulgated Rules, the Compact Commission
18761914 shall provide written notice to the defaulting State. The notice of
18771915 default shall describe the default, the proposed means of curing the
18781916 default, and any other action that the Compact Commission may take
18791917 and shall offer training and specific technical assistance regarding
18801918 the default.
18811919 2. The Compact Commission shall provide a copy o f the notice of
18821920 default to the other Member States.
18831921 C. If a State in default fails to cure the default, the
18841922 defaulting State may be terminated from the Compact upon an
18851923 affirmative vote of a majority of the delegates of the Member
18861924 States, and all rights, privileges, and benefits conferred on that
18871925 State by this Compact may be terminated on the effective date of
18881926 termination. A cure of the default does not relieve the offending
18891927 State of obligations or liabilities incurred during the period of
18901928 default.
18911929 D. Termination of membership in the Compact shall be imposed
18921930 only after all other means of securing compliance have been
18931931 exhausted. Notice of intent to suspend or te rminate shall be given
18941932 by the Compact Commission to the governor, the majority and minority
18951933 leaders of the defaulting State’s legislature, the defaulting
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19221961 State’s Licensing Authority, and each of the Member States’
19231962 Licensing Authorities.
19241963 E. A State that has been terminated is responsible for all
19251964 assessments, obligations, and liabilities incurred through the
19261965 effective date of termination, including obligations that extend
19271966 beyond the effective date of termination.
19281967 F. Upon the termination of a State ’s membership from this
19291968 Compact, that State shall immediately provide notice to all
19301969 Licensees within that State of such termination. The terminated
19311970 State shall continue to recognize all Compact Privileges granted
19321971 pursuant to this Compact for a minimum of six (6) months after the
19331972 date of said notice of termination.
19341973 G. The Compact Commission shall not bear any costs related to a
19351974 State that is found to be in default or that has been terminated
19361975 from the Compact, unless agreed upon in writing between the Compact
19371976 Commission and the defaulting State.
19381977 H. The defaulting State may appeal the action of the Compact
19391978 Commission by petitioning the United States District Court for the
19401979 District of Columbia or the federal district where the Compact
19411980 Commission has its principal offic es. The prevailing party shall be
19421981 awarded all costs of such litigation, including reasonable
19431982 attorney’s fees.
19441983 I. Dispute Resolution.
19451984
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19712011 1. Upon request by a Member State, the Compact Commission shall
19722012 attempt to resolve disputes related to the Compact that arise among
19732013 Member States and between Member and non-Member States.
19742014 2. The Compact Commission shall promulgate a Rule providing for
19752015 both mediation and binding dispute resolution for disputes as
19762016 appropriate.
19772017 J. Enforcement.
19782018 1. By supermajority vote, the Compact Commission may initiate
19792019 legal action against a Member State in default in the United Sta tes
19802020 District Court for the District of Columbia or the federal district
19812021 where the Compact Commission has its principal offices to enforce
19822022 compliance with the pr ovisions of the Compact and its promulgated
19832023 Rules. The relief sought may include both injunctive relief and
19842024 damages. In the event judicial enforcement is necessary, the
19852025 prevailing party shall be awarded all costs of such litigation,
19862026 including reasonable attorney’s fees. The remedies herein shall not
19872027 be the exclusive remedies of the Compact Commission. The Compact
19882028 Commission may pursue any other remedies available under federal or
19892029 the defaulting Member State ’s law.
19902030 2. A Member State may initiate legal a ction against the Compact
19912031 Commission in the United States District Court for the District of
19922032 Columbia or the federal district where the Compact Commission has
19932033 its principal offices to enforce compliance with the provisions of
19942034 the Compact and its promulgate d Rules. The relief sought may
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20212062 include both injunctive relief and damages. In the event judicial
20222063 enforcement is necessary, the prevailing party shall be awarded all
20232064 costs of such litigation, including reasonable attorney ’s fees.
20242065 3. No party other than a Member State shall enforce this
20252066 Compact against the Compact Commission.
20262067 SECTION 12: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
20272068 A. The Compact shall come into effect on the date on which the
20282069 Compact statute is enacted into law in the seventh Member State.
20292070 1. On or after the effective date of the Compact, the Compact
20302071 Commission shall convene and rev iew the enactment of each of the
20312072 first seven Member States ( “Charter Member States ”) to determine if
20322073 the statute enacted by each such Charter Member State is ma terially
20332074 different than the model Compact statute.
20342075 a. A Charter Member State whose enactment is found to be
20352076 materially different from the model Compact statute
20362077 shall be entitled to the default process set forth in
20372078 Section 11.
20382079 b. If any Member State is late r found to be in default,
20392080 or is terminated, or withdraws from the Compact, the
20402081 Compact Commission shall remain in existence and the
20412082 Compact shall remain in effect even if the number of
20422083 Member States should be less than seven.
20432084 2. Member States enacting the Compact subsequent to the seven
20442085 initial Charter Member States shall be subject to the process set
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20712113 forth in Section 8(C)(21) to determine if their enactments are
20722114 materially different from the model Compact statute and whether they
20732115 qualify for participation in the Compact.
20742116 3. All actions taken for the benefit of the Compact Commission
20752117 or in furtherance of the purposes of the administration of the
20762118 Compact prior to the effective date of the Compact or the Compact
20772119 Commission coming into existence shall be cons idered to be actions
20782120 of the Compact Commission unless specifically repudiated by the
20792121 Compact Commission.
20802122 4. Any State that joins the Compact subsequent to the Compact
20812123 Commission’s initial adoption of the Rules and bylaws shall be
20822124 subject to the Rules and bylaws as they exist on the date on which
20832125 the Compact becomes law in that State. Any Rule that has been
20842126 previously adopted by the Compact Commission shall have the full
20852127 force and effect of law on the day the Compact becomes law in that
20862128 State.
20872129 B. Any Member State may withdraw from this Compact by enacting
20882130 a statute repealing the same.
20892131 1. A Member State’s withdrawal shall not take effect until one
20902132 hundred eighty (180) days after enactment of the repealing statute.
20912133 2. Withdrawal shall not affect the contin uing requirement of
20922134 the withdrawing State ’s Licensing Authority to comply with the
20932135 investigative and Adverse Action reporting requirements of this
20942136 Compact prior to the effective date of withdrawal.
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21212164 3. Upon the enactment of a statute withdrawing from this
21222165 Compact, a State shall immediately provide notice of such withdrawal
21232166 to all Licensees within that State. Notwithstanding any subsequent
21242167 statutory enactment to the contrary, such withdrawing State shall
21252168 continue to recognize all Compact Privileges granted pursuant to
21262169 this Compact for a minimum of one hundred eighty (180) days after
21272170 the date of such notice of withdrawal.
21282171 C. Nothing contained in this Compact shall be construed to
21292172 invalidate or prevent any licensure agreement or other cooperative
21302173 arrangement between a Member State and a non-Member State that does
21312174 not conflict with the provisions of this Compact.
21322175 D. This Compact may be amended by the Member States. No
21332176 amendment to this Compact shall become effective and binding upon
21342177 any Member State until it is enacted into the laws of all Member
21352178 States.
21362179 SECTION 13: CONSTRUCTION AND SEVERABILITY
21372180 A. This Compact and the Compact Commission ’s rulemaking
21382181 authority shall be liberally construed so as to effectuate the
21392182 purposes and the implementation and administra tion of the Compact.
21402183 Provisions of the Compact expressly authorizing or requiring the
21412184 promulgation of Rules shall not be construed to limit the Compact
21422185 Commission’s rulemaking authority solely for those purposes.
21432186 B. The provisions of this Compact shall b e severable and if any
21442187 phrase, clause, sentence, or provision of this Compact is held by a
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21712215 court of competent jurisdiction to be contrary to the constitution
21722216 of any Member State, a State seeking participation in the Compact,
21732217 or of the United States, or the applicability thereof to any
21742218 government, agency, person, or circumstance is held to be
21752219 unconstitutional by a court of competent jurisdiction, the validity
21762220 of the remainder of this Compact and the applicability thereof to
21772221 any other government, agency, pers on, or circumstance shall not be
21782222 affected thereby.
21792223 C. Notwithstanding Section 13(B), the Compac t Commission may
21802224 deny a State’s participation in the Compact or, in accordance with
21812225 the requirements of Section 11(B), terminate a Member State ’s
21822226 participation in the Compact, if it determines that a constitutional
21832227 requirement of a Member State is a material departure from the
21842228 Compact. Otherwise, if this Compact shall be held to be contrary to
21852229 the constitution of any Member State, the Compact shall remain in
21862230 full force and effect as to the remaining Member States and in full
21872231 force and effect as to the Memb er State affected as to all severable
21882232 matters.
21892233 SECTION 14: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE
21902234 LAWS
21912235 A. Nothing herein shall prevent or inhibit the enforcement of
21922236 any other law of a Member State that is not inconsistent with the
21932237 Compact.
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22202265 B. Any laws, statutes, regulations, or other legal requirements
22212266 in a Member State in conflict with the Compact are superseded to the
22222267 extent of the conflict.
22232268 C. All permissible agreements between the Compact Commission
22242269 and the Member States are binding in acco rdance with their terms.
22252270 SECTION 3. This act shall become effective November 1, 2025.
2226-Passed the Senate the 12th day of March, 2025.
2227-
2228-
2229-
2230- Presiding Officer of the Senate
2231-
2232-
2233-Passed the House of Representatives the ____ day of __________,
2234-2025.
2235-
2236-
2237-
2238- Presiding Officer of the House
2239- of Representatives
2240-
2271+COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVIC ES
2272+February 17, 2025 - DO PASS AS AMENDED