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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5067 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000297 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- DIETITIAN LICENSURE COMPACT |
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| 16 | 16 | | Introduced By: Representatives McNamara, Donovan, Solomon, Ackerman, Noret, |
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| 17 | 17 | | Serpa, Read, and Morales |
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| 18 | 18 | | Date Introduced: January 16, 2025 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS " 1 |
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| 24 | 24 | | is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 64.2 3 |
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| 26 | 26 | | DIETITIAN LICENSURE COMPACT 4 |
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| 27 | 27 | | 5-64.2-1. Short title. 5 |
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| 28 | 28 | | This chapter shall be known and may be cited as "Dietitian Licensure Compact". 6 |
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| 29 | 29 | | 5-64.2-2. Purpose. 7 |
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| 30 | 30 | | The purpose of this chapter is to facilitate interstate practice of dietetics with the goal of 8 |
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| 31 | 31 | | improving public access to dietetics services. This chapter preserves the regulatory authority of the 9 |
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| 32 | 32 | | state to protect public health and safety through the current system of state licensure, while also 10 |
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| 33 | 33 | | providing for licensure portability through a compact privilege granted to qualifying professionals. 11 |
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| 34 | 34 | | 5-64.2-3. Definitions. 12 |
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| 35 | 35 | | For purposes of this section, the following terms shall have the following meanings: 13 |
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| 36 | 36 | | (1) "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics or 14 |
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| 37 | 37 | | its successor organization. 15 |
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| 38 | 38 | | (2) "Active military member" means any individual with full-time duty status in the active 16 |
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| 39 | 39 | | armed forces of the United States, including members of the National Guard and Reserve. 17 |
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| 40 | 40 | | (3) "Adverse action" means any administrative, civil, equitable or criminal action permitted 18 |
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| 41 | 41 | | by a state's laws which is imposed by a licensing authority or other authority against a licensee, 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000297 - Page 2 of 23 |
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| 45 | 45 | | including actions against an individual's license or compact privilege such as revocation, 1 |
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| 46 | 46 | | suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other 2 |
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| 47 | 47 | | encumbrance on licensure affecting a licensee's authorization to practice, including issuance of a 3 |
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| 48 | 48 | | cease and desist action. 4 |
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| 49 | 49 | | (4) "Alternative program" means a non-disciplinary monitoring or practice remediation 5 |
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| 50 | 50 | | process approved by a licensing authority. 6 |
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| 51 | 51 | | (5) "CDR" means the Commission on Dietetic Registration or its successor organization 7 |
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| 52 | 52 | | (6) "Charter member state" means any member state which enacted the compact by law 8 |
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| 53 | 53 | | before the effective date pursuant to § 5-64.2-13. 9 |
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| 54 | 54 | | (7) "Compact commission" means the government agency whose membership consists of 10 |
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| 55 | 55 | | all states that have enacted the compact, which is known as the dietitian licensure compact 11 |
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| 56 | 56 | | commission, pursuant to § 5-64.2-9, and which shall operate as an instrumentality of the member 12 |
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| 57 | 57 | | states. 13 |
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| 58 | 58 | | (8) "Compact privilege" means a legal authorization, which is equivalent to a license, 14 |
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| 59 | 59 | | permitting the practice of dietetics in a remote state. 15 |
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| 60 | 60 | | (9) "Continuing education" means a requirement, as a condition of license renewal, to 16 |
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| 61 | 61 | | provide evidence of participation in, and completion of, educational and professional activities 17 |
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| 62 | 62 | | relevant to practice or area of work. 18 |
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| 63 | 63 | | (10) "Current significant investigative information" means: 19 |
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| 64 | 64 | | (i) Investigative information that a licensing authority, after a preliminary inquiry that 20 |
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| 65 | 65 | | includes notification and an opportunity for the subject licensee to respond, if required by state law, 21 |
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| 66 | 66 | | has reason to believe is not groundless and, if proved true, would indicate more than a minor 22 |
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| 67 | 67 | | infraction; or 23 |
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| 68 | 68 | | (ii) Investigative information that indicates that the subject licensee represents an 24 |
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| 69 | 69 | | immediate threat to public health and safety regardless of whether the subject licensee has been 25 |
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| 70 | 70 | | notified and had an opportunity to respond. 26 |
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| 71 | 71 | | (11) "Data system" means a repository of information about licensees, including, but not 27 |
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| 72 | 72 | | limited to, continuing education, examination, licensure, investigative, compact privilege and 28 |
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| 73 | 73 | | adverse action information. 29 |
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| 74 | 74 | | (12) "Encumbered license" means a license in which an adverse action restricts a licensee's 30 |
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| 75 | 75 | | ability to practice dietetics. 31 |
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| 76 | 76 | | (13) "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's 32 |
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| 77 | 77 | | full and unrestricted practice of dietetics by a licensing authority. 33 |
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| 78 | 78 | | (14) "Executive committee" means a group of delegates elected or appointed to act on 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000297 - Page 3 of 23 |
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| 82 | 82 | | behalf of, and within the powers granted to them by, the compact, and the compact commission. 1 |
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| 83 | 83 | | (15) "Home state" means the member state that is the licensee's primary state of residence 2 |
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| 84 | 84 | | or that has been designated pursuant to § 5-64.2-7. 3 |
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| 85 | 85 | | (16) "Investigative information" means information, records, and documents received or 4 |
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| 86 | 86 | | generated by a licensing authority pursuant to an investigation. 5 |
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| 87 | 87 | | (17) "Jurisprudence requirement" means an assessment of an individual's knowledge of the 6 |
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| 88 | 88 | | state laws and regulations governing the practice of dietetics in such state. 7 |
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| 89 | 89 | | (18) "License" means an authorization from a member state to either: 8 |
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| 90 | 90 | | (i) Engage in the practice of dietetics (including medical nutrition therapy); or 9 |
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| 91 | 91 | | (ii) Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified 10 |
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| 92 | 92 | | dietitian," or other title describing a substantially similar practitioner as the compact commission 11 |
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| 93 | 93 | | may further define by rule. 12 |
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| 94 | 94 | | (19) "Licensee" or "licensed dietitian" means an individual who currently holds a license 13 |
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| 95 | 95 | | and who meets all of the requirements set forth in § 5-64.2-5. 14 |
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| 96 | 96 | | (20) "Licensing authority" means the board or agency of a state, or equivalent, that is 15 |
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| 97 | 97 | | responsible for the licensing and regulation of the practice of dietetics. 16 |
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| 98 | 98 | | (21) "Member state" means a state that has enacted the compact. 17 |
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| 99 | 99 | | (22) "Practice of dietetics" means the synthesis and application of dietetics, primarily for 18 |
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| 100 | 100 | | the provision of nutrition care services, including medical nutrition therapy, in person or via 19 |
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| 101 | 101 | | telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness. 20 |
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| 102 | 102 | | (23) "Registered dietitian" means a person who: 21 |
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| 103 | 103 | | (i) Has completed applicable education, experience, examination, and recertification 22 |
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| 104 | 104 | | requirements approved by CDR; 23 |
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| 105 | 105 | | (ii) Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and 24 |
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| 106 | 106 | | (iii) Is legally authorized to use the title registered dietitian or registered dietitian 25 |
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| 107 | 107 | | nutritionist and the corresponding abbreviations "RD" or "RDN." 26 |
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| 108 | 108 | | (24) "Remote state" means a member state other than the home state, where a licensee is 27 |
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| 109 | 109 | | exercising or seeking to exercise a compact privilege. 28 |
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| 110 | 110 | | (25) "Rule" means a regulation promulgated by the compact commission that has the force 29 |
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| 111 | 111 | | of law. 30 |
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| 112 | 112 | | (26) "Single state license" means a license issued by a member state within the issuing state 31 |
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| 113 | 113 | | and does not include a compact privilege in any other member state. 32 |
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| 114 | 114 | | (27) "State" means any state, commonwealth, district, or territory of the United States of 33 |
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| 115 | 115 | | America. 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000297 - Page 4 of 23 |
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| 119 | 119 | | (28) "Unencumbered license" means a license that authorizes a licensee to engage in the 1 |
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| 120 | 120 | | full and unrestricted practice of dietetics. 2 |
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| 121 | 121 | | 5-64.2-4. State participation in the compact. 3 |
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| 122 | 122 | | (a) To participate in the compact, a state must currently: 4 |
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| 123 | 123 | | (1) License and regulate the practice of dietetics; and 5 |
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| 124 | 124 | | (2) Have a mechanism in place for receiving and investigating complaints about licensees. 6 |
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| 125 | 125 | | (b) A member state shall: 7 |
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| 126 | 126 | | (1) Participate fully in the compact commission's data system, including using the unique 8 |
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| 127 | 127 | | identifier as defined in rules; 9 |
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| 128 | 128 | | (2) Notify the compact commission, in compliance with the terms of the compact and rules, 10 |
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| 129 | 129 | | of any adverse action or the availability of current significant investigative information regarding 11 |
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| 130 | 130 | | a licensee; 12 |
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| 131 | 131 | | (3) Implement or utilize procedures for considering the criminal history record information 13 |
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| 132 | 132 | | of applicants for an initial compact privilege. These procedures shall include the submission of 14 |
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| 133 | 133 | | fingerprints or other biometric-based information by applicants for the purpose of obtaining an 15 |
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| 134 | 134 | | applicant's criminal history record information from the federal bureau of investigation and the 16 |
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| 135 | 135 | | agency responsible for retaining that state's criminal records; 17 |
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| 136 | 136 | | (i) A member state must fully implement a criminal history record information 18 |
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| 137 | 137 | | requirement, within a time frame established by rule, which includes receiving the results of the 19 |
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| 138 | 138 | | federal bureau of investigation record search and shall use those results in determining compact 20 |
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| 139 | 139 | | privilege eligibility. 21 |
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| 140 | 140 | | (ii) Communication between a member state and the compact commission or among 22 |
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| 141 | 141 | | member states regarding the verification of eligibility for a compact privilege shall not include any 23 |
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| 142 | 142 | | information received from the federal bureau of investigation relating to a federal criminal history 24 |
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| 143 | 143 | | record information check performed by a member state. 25 |
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| 144 | 144 | | (4) Comply with and enforce the rules of the compact commission; 26 |
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| 145 | 145 | | (5) Require an applicant for a compact privilege to obtain or retain a license in the licensee's 27 |
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| 146 | 146 | | home state and meet the home state's qualifications for licensure or renewal of licensure, as well as 28 |
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| 147 | 147 | | all other applicable state laws; and 29 |
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| 148 | 148 | | (6) Recognize a compact privilege granted to a licensee who meets all of the requirements 30 |
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| 149 | 149 | | outlined in § 5-64.2-5 in accordance with the terms of the compact and rules. 31 |
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| 150 | 150 | | (c) Member states may set and collect a fee for granting a compact privilege. 32 |
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| 151 | 151 | | (d) Individuals not residing in a member state shall continue to be able to apply for a 33 |
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| 152 | 152 | | member state's single state license as provided under the laws of each member state. However, the 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000297 - Page 5 of 23 |
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| 156 | 156 | | single state license granted to these individuals shall not be recognized as granting a compact 1 |
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| 157 | 157 | | privilege to engage in the practice of dietetics in any other member state. 2 |
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| 158 | 158 | | (e) Nothing in this chapter shall affect the requirements established by a member state for 3 |
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| 159 | 159 | | the issuance of a single state license. 4 |
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| 160 | 160 | | (f) At no point shall the compact commission have the power to define the requirements 5 |
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| 161 | 161 | | for the issuance of a single state license to practice dietetics. The member states shall retain sole 6 |
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| 162 | 162 | | jurisdiction over the provision of these requirements. 7 |
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| 163 | 163 | | 5-64.2-5. Compact privilege. 8 |
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| 164 | 164 | | (a) To exercise the compact privilege under the terms and provisions of this chapter, the 9 |
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| 165 | 165 | | licensee shall: 10 |
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| 166 | 166 | | (1) Satisfy one of the following: 11 |
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| 167 | 167 | | (i) Hold a valid current registration that gives the applicant the right to use the term 12 |
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| 168 | 168 | | registered dietitian; or 13 |
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| 169 | 169 | | (ii) Complete all of the following: 14 |
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| 170 | 170 | | (A) An education program which is either: 15 |
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| 171 | 171 | | (I) A master's degree or doctoral degree that is programmatically accredited by ACEND or 16 |
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| 172 | 172 | | a dietetics accrediting agency recognized by the United States Department of Education, which the 17 |
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| 173 | 173 | | compact commission may by rule determine, and from a college or university accredited at the time 18 |
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| 174 | 174 | | of graduation by the appropriate regional accrediting agency recognized by the council on higher 19 |
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| 175 | 175 | | education accreditation and the United States Department of Education. 20 |
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| 176 | 176 | | (II) An academic degree from a college or university in a foreign country equivalent to the 21 |
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| 177 | 177 | | degree described in subsection (a) of this section, that is programmatically accredited by ACEND 22 |
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| 178 | 178 | | or a dietetics accrediting agency recognized by the United States Department of Education, which 23 |
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| 179 | 179 | | the compact commission may by rule determine. 24 |
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| 180 | 180 | | (B) A planned, documented, supervised practice experience in dietetics that is 25 |
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| 181 | 181 | | programmatically accredited by ACEND, or a dietetics accrediting agency recognized by the 26 |
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| 182 | 182 | | United States Department of Education which the compact commission may by rule determine and 27 |
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| 183 | 183 | | which involves at least one thousand (1,000) hours of practice experience under the supervision of 28 |
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| 184 | 184 | | a registered dietitian or a licensed dietitian. 29 |
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| 185 | 185 | | (C) Successful completion of either: 30 |
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| 186 | 186 | | (I) The registration examination for dietitians administered by CDR; or 31 |
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| 187 | 187 | | (II) A national credentialing examination for dietitians approved by the compact 32 |
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| 188 | 188 | | commission by rule; such completion being no more than five (5) years prior to the date of the 33 |
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| 189 | 189 | | licensee's application for initial licensure and accompanied by a period of continuous licensure 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000297 - Page 6 of 23 |
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| 193 | 193 | | thereafter, all of which may be further governed by the rules of the compact commission. 1 |
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| 194 | 194 | | (2) Hold an unencumbered license in the home state; 2 |
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| 195 | 195 | | (3) Notify the compact commission that the licensee is seeking a compact privilege within 3 |
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| 196 | 196 | | a remote state(s); 4 |
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| 197 | 197 | | (4) Pay any applicable fees, including any state fee, for the compact privilege; 5 |
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| 198 | 198 | | (5) Meet any jurisprudence requirements established by the remote state(s) in which the 6 |
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| 199 | 199 | | licensee is seeking a compact privilege; and 7 |
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| 200 | 200 | | (6) Report to the compact commission any adverse action, encumbrance, or restriction on 8 |
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| 201 | 201 | | a license taken by any non-member state within thirty (30) days from the date the action is taken. 9 |
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| 202 | 202 | | (b) The compact privilege is valid until the expiration date of the home state license. To 10 |
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| 203 | 203 | | maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal 11 |
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| 204 | 204 | | of the home state license as the compact commission may define by rule. The licensee must comply 12 |
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| 205 | 205 | | with the requirements of subsection (a) of this section to maintain the compact privilege in the 13 |
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| 206 | 206 | | remote state(s). 14 |
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| 207 | 207 | | (c) A licensee exercising a compact privilege shall adhere to the laws and regulations of 15 |
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| 208 | 208 | | the remote state. Licensees shall be responsible for educating themselves on, and complying with, 16 |
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| 209 | 209 | | any and all state laws relating to the practice of dietetics in such remote state. 17 |
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| 210 | 210 | | (d) Notwithstanding anything to the contrary provided in this chapter, a licensee exercising 18 |
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| 211 | 211 | | a compact privilege shall not be required to complete continuing education requirements required 19 |
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| 212 | 212 | | by a remote state. A licensee exercising a compact privilege is only required to meet any continuing 20 |
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| 213 | 213 | | education requirements as required by the home state. 21 |
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| 214 | 214 | | 5-64.2-6. Obtaining a new home state license based on a compact privilege. 22 |
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| 215 | 215 | | (a) A licensee may hold a home state license, which allows for a compact privilege in other 23 |
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| 216 | 216 | | member states, in only one member state at a time. 24 |
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| 217 | 217 | | (b) If a licensee changes home state by moving between two (2) member states: 25 |
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| 218 | 218 | | (1) The licensee shall file an application for obtaining a new home state license based on a 26 |
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| 219 | 219 | | compact privilege, pay all applicable fees, and notify the current and new home state in accordance 27 |
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| 220 | 220 | | with the rules of the compact commission. 28 |
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| 221 | 221 | | (2) Upon receipt of an application for obtaining a new home state license by virtue of a 29 |
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| 222 | 222 | | compact privilege, the new home state shall verify that the licensee meets the criteria set forth in § 30 |
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| 223 | 223 | | 5-64.2-5 via the data system, and require that the licensee complete the following: 31 |
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| 224 | 224 | | (i) Federal bureau of investigation fingerprint based criminal history record information 32 |
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| 225 | 225 | | check; 33 |
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| 226 | 226 | | (ii) Any other criminal history record information required by the new home state; and 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000297 - Page 7 of 23 |
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| 230 | 230 | | (iii) Any jurisprudence requirements of the new home state. 1 |
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| 231 | 231 | | (3) The former home state shall convert the former home state license into a compact 2 |
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| 232 | 232 | | privilege once the new home state has activated the new home state license in accordance with 3 |
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| 233 | 233 | | applicable rules adopted by the compact commission. 4 |
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| 234 | 234 | | (4) Notwithstanding any other provision of this chapter, if the licensee cannot meet the 5 |
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| 235 | 235 | | criteria set forth in § 5-64.2-5, the new home state may apply its requirements for issuing a new 6 |
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| 236 | 236 | | single state license. 7 |
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| 237 | 237 | | (5) The licensee shall pay all applicable fees to the new home state in order to be issued a 8 |
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| 238 | 238 | | new home state license. 9 |
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| 239 | 239 | | (c) If a licensee changes their state of residence by moving from a member state to a non-10 |
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| 240 | 240 | | member state, or from a non-member state to a member state, the state criteria shall apply for 11 |
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| 241 | 241 | | issuance of a single state license in the new state. 12 |
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| 242 | 242 | | (d) Nothing in this chapter shall interfere with a licensee's ability to hold a single state 13 |
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| 243 | 243 | | license in multiple states; however, for the purposes of this chapter, a licensee shall have only one 14 |
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| 244 | 244 | | home state license. 15 |
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| 245 | 245 | | (e) Nothing in this chapter shall affect the requirements established by a member state for 16 |
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| 246 | 246 | | the issuance of a single state license. 17 |
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| 247 | 247 | | 5-64.2-7. Active military members and spouses. 18 |
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| 248 | 248 | | An active military member, or their spouse, shall designate a home state where the 19 |
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| 249 | 249 | | individual has a current license in good standing. The individual may retain the home state 20 |
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| 250 | 250 | | designation during the period the service member is on active duty. 21 |
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| 251 | 251 | | 5-64.2-8. Adverse actions. 22 |
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| 252 | 252 | | (a) In addition to the other powers conferred by state law, a remote state shall have the 23 |
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| 253 | 253 | | authority, in accordance with existing state due process law, to: 24 |
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| 254 | 254 | | (1) Take adverse action against a licensee's compact privilege within that member state; 25 |
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| 255 | 255 | | and 26 |
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| 256 | 256 | | (2) Issue subpoenas for both hearings and investigations that require the attendance and 27 |
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| 257 | 257 | | testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing 28 |
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| 258 | 258 | | authority in a member state for the attendance and testimony of witnesses or the production of 29 |
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| 259 | 259 | | evidence from another member state shall be enforced in the latter state by any court of competent 30 |
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| 260 | 260 | | jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings 31 |
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| 261 | 261 | | pending before that court. The issuing authority shall pay any witness fees, travel expenses, 32 |
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| 262 | 262 | | mileage, and other fees required by the service statutes of the state in which the witnesses or 33 |
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| 263 | 263 | | evidence are located. 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC000297 - Page 8 of 23 |
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| 267 | 267 | | (b) Only the home state shall have the power to take adverse action against a licensee's 1 |
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| 268 | 268 | | home state license. 2 |
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| 269 | 269 | | (c) For purposes of taking adverse action, the home state shall give the same priority and 3 |
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| 270 | 270 | | effect to reported conduct received from a member state as it would if the conduct had occurred 4 |
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| 271 | 271 | | within the home state. In so doing, the home state shall apply its own state laws to determine 5 |
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| 272 | 272 | | appropriate action. 6 |
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| 273 | 273 | | (d) The home state shall complete any pending investigations of a licensee who changes 7 |
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| 274 | 274 | | home states during the course of the investigations. The home state shall also have authority to take 8 |
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| 275 | 275 | | appropriate action(s) and shall promptly report the conclusions of the investigations to the 9 |
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| 276 | 276 | | administrator of the data system. The administrator of the data system shall promptly notify the 10 |
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| 277 | 277 | | new home state of any adverse actions. 11 |
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| 278 | 278 | | (e) A member state, if otherwise permitted by state law, may recover from the affected 12 |
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| 279 | 279 | | licensee the costs of investigations and dispositions of cases resulting from any adverse action taken 13 |
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| 280 | 280 | | against that licensee. 14 |
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| 281 | 281 | | (f) A member state may take adverse action based on the factual findings of another remote 15 |
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| 282 | 282 | | state; provided that, the member state follows its own procedures for taking the adverse action. 16 |
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| 283 | 283 | | (g) Joint investigations: 17 |
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| 284 | 284 | | (1) In addition to the authority granted to a member state by its respective state law, any 18 |
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| 285 | 285 | | member state may participate with other member states in joint investigations of licensees. 19 |
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| 286 | 286 | | (2) Member states shall share any investigative, litigation, or compliance materials in 20 |
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| 287 | 287 | | furtherance of any joint investigation initiated under the chapter. 21 |
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| 288 | 288 | | (h) If adverse action is taken by the home state against a licensee's home state license 22 |
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| 289 | 289 | | resulting in an encumbrance on the home state license, the licensee's compact privilege(s) in all 23 |
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| 290 | 290 | | other member states shall be revoked until all encumbrances have been removed from the home 24 |
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| 291 | 291 | | state license. All home state disciplinary orders that impose adverse action against a licensee shall 25 |
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| 292 | 292 | | include a statement that the licensee's compact privileges are revoked in all member states during 26 |
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| 293 | 293 | | the pendency of the order. 27 |
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| 294 | 294 | | (i) Once an encumbered license in the home state is restored to an unencumbered license 28 |
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| 295 | 295 | | (as certified by the home state's licensing authority), the licensee must meet the requirements of § 29 |
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| 296 | 296 | | 5-64.2-5 and follow the administrative requirements to reapply to obtain a compact privilege in any 30 |
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| 297 | 297 | | remote state. 31 |
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| 298 | 298 | | (j) If a member state takes adverse action, it shall promptly notify the administrator of the 32 |
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| 299 | 299 | | data system. The administrator of the data system shall promptly notify the other member states 33 |
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| 300 | 300 | | state of any adverse actions. 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC000297 - Page 9 of 23 |
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| 304 | 304 | | (k) Nothing in this chapter shall override a member state's decision that participation in an 1 |
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| 305 | 305 | | alternative program may be used in lieu of adverse action. 2 |
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| 306 | 306 | | 5-64.2-9. Establishment of the dietitian licensure compact commission. 3 |
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| 307 | 307 | | (a) The compact member states hereby create and establish a joint government agency 4 |
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| 308 | 308 | | whose membership consists of all member states that have enacted the compact known as the 5 |
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| 309 | 309 | | dietitian licensure compact commission. The compact commission is an instrumentality of the 6 |
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| 310 | 310 | | compact states acting jointly and not an instrumentality of any one state. The compact commission 7 |
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| 311 | 311 | | shall come into existence on or after the effective date of the compact as set forth in § 5-64.2-13. 8 |
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| 312 | 312 | | (b) Membership, voting, and meetings 9 |
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| 313 | 313 | | (1) Each member state shall have and be limited to one delegate selected by that member 10 |
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| 314 | 314 | | state's licensing authority. 11 |
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| 315 | 315 | | (2) The delegate shall be the primary administrator of the licensing authority or their 12 |
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| 316 | 316 | | designee. 13 |
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| 317 | 317 | | (3) The compact commission shall by rule or bylaw establish a term of office for delegates 14 |
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| 318 | 318 | | and may by rule or bylaw establish term limits. 15 |
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| 319 | 319 | | (4) The compact commission may recommend removal or suspension of any delegate from 16 |
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| 320 | 320 | | office. 17 |
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| 321 | 321 | | (5) A member state's licensing authority shall fill any vacancy of its delegate occurring on 18 |
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| 322 | 322 | | the compact commission within sixty (60) days of the vacancy. 19 |
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| 323 | 323 | | (6) Each delegate shall be entitled to one vote on all matters before the compact 20 |
|---|
| 324 | 324 | | commission requiring a vote by the delegates. 21 |
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| 325 | 325 | | (7) Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws 22 |
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| 326 | 326 | | may provide for delegates to meet and vote in-person or by telecommunication, video conference, 23 |
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| 327 | 327 | | or other means of communication. 24 |
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| 328 | 328 | | (8) The compact commission shall meet at least once during each calendar year. Additional 25 |
|---|
| 329 | 329 | | meetings may be held as set forth in the bylaws. The compact commission may meet in person or 26 |
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| 330 | 330 | | by telecommunication, video conference, or other means of communication. 27 |
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| 331 | 331 | | (c) The compact commission shall have the following powers: 28 |
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| 332 | 332 | | (1) Establish the fiscal year of the compact commission; 29 |
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| 333 | 333 | | (2) Establish code of conduct and conflict of interest policies; 30 |
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| 334 | 334 | | (3) Establish and amend rules and bylaws; 31 |
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| 335 | 335 | | (4) Maintain its financial records in accordance with the bylaws; 32 |
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| 336 | 336 | | (5) Meet and take such actions as are consistent with the provisions of this compact, the 33 |
|---|
| 337 | 337 | | compact commission's rules, and the bylaws; 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC000297 - Page 10 of 23 |
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| 341 | 341 | | (6) Initiate and conclude legal proceedings or actions in the name of the compact 1 |
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| 342 | 342 | | commission; provided that, the standing of any licensing authority to sue or be sued under 2 |
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| 343 | 343 | | applicable law shall not be affected; 3 |
|---|
| 344 | 344 | | (7) Maintain and certify records and information provided to a member state as the 4 |
|---|
| 345 | 345 | | authenticated business records of the compact commission, and designate an agent to do so on the 5 |
|---|
| 346 | 346 | | compact commission's behalf; 6 |
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| 347 | 347 | | (8) Purchase and maintain insurance and bonds; 7 |
|---|
| 348 | 348 | | (9) Borrow, accept, or contract for services of personnel, including, but not limited to, 8 |
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| 349 | 349 | | employees of a member state; 9 |
|---|
| 350 | 350 | | (10) Conduct an annual financial review; 10 |
|---|
| 351 | 351 | | (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such 11 |
|---|
| 352 | 352 | | individuals appropriate authority to carry out the purposes of the compact, and establish the 12 |
|---|
| 353 | 353 | | compact commission's personnel policies and programs relating to conflicts of interest, 13 |
|---|
| 354 | 354 | | qualifications of personnel, and other related personnel matters; 14 |
|---|
| 355 | 355 | | (12) Assess and collect fees; 15 |
|---|
| 356 | 356 | | (13) Accept any and all appropriate donations, grants of money, other sources of revenue, 16 |
|---|
| 357 | 357 | | equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; 17 |
|---|
| 358 | 358 | | provided that, at all times the compact commission shall avoid any actual or appearance of 18 |
|---|
| 359 | 359 | | impropriety or conflict of interest; 19 |
|---|
| 360 | 360 | | (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or 20 |
|---|
| 361 | 361 | | mixed, or any undivided interest therein; 21 |
|---|
| 362 | 362 | | (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any 22 |
|---|
| 363 | 363 | | property real, personal, or mixed; 23 |
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| 364 | 364 | | (16) Establish a budget and make expenditures; 24 |
|---|
| 365 | 365 | | (17) Borrow money; 25 |
|---|
| 366 | 366 | | (18) Appoint committees, including standing committees, composed of members, state 26 |
|---|
| 367 | 367 | | regulators, state legislators or their representatives, and consumer representatives, and such other 27 |
|---|
| 368 | 368 | | interested persons as may be designated in this compact or the bylaws; 28 |
|---|
| 369 | 369 | | (19) Provide and receive information from, and cooperate with, law enforcement agencies; 29 |
|---|
| 370 | 370 | | (20) Establish and elect an executive committee, including a chair and a vice chair; 30 |
|---|
| 371 | 371 | | (21) Determine whether a state's adopted language is materially different from the model 31 |
|---|
| 372 | 372 | | compact language such that the state would not qualify for participation in the compact; and 32 |
|---|
| 373 | 373 | | (22) Perform such other functions as may be necessary or appropriate to achieve the 33 |
|---|
| 374 | 374 | | purposes of this compact. 34 |
|---|
| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | LC000297 - Page 11 of 23 |
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| 378 | 378 | | (d) Executive committee. 1 |
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| 379 | 379 | | (1) The executive committee shall have the power to act on behalf of the compact 2 |
|---|
| 380 | 380 | | commission according to the terms of the compact. The powers, duties, and responsibilities of the 3 |
|---|
| 381 | 381 | | executive committee shall include: 4 |
|---|
| 382 | 382 | | (i) Oversee the day-to-day activities of the administration of the compact including 5 |
|---|
| 383 | 383 | | enforcement and compliance with the provisions of the compact, its rules and bylaws, and other 6 |
|---|
| 384 | 384 | | such duties as deemed necessary; 7 |
|---|
| 385 | 385 | | (ii) Recommend to the compact commission changes to the rules or bylaws, changes to this 8 |
|---|
| 386 | 386 | | compact legislation, fees charged to compact member states, fees charged to licensees, and other 9 |
|---|
| 387 | 387 | | fees; 10 |
|---|
| 388 | 388 | | (iii) Ensure compact administration services are appropriately provided, including by 11 |
|---|
| 389 | 389 | | contract; 12 |
|---|
| 390 | 390 | | (iv) Prepare and recommend the budget; 13 |
|---|
| 391 | 391 | | (v) Maintain financial records on behalf of the compact commission; 14 |
|---|
| 392 | 392 | | (vi) Monitor compact compliance of member states and provide compliance reports to the 15 |
|---|
| 393 | 393 | | compact commission; 16 |
|---|
| 394 | 394 | | (vii) Establish additional committees as necessary; 17 |
|---|
| 395 | 395 | | (viii) Exercise the powers and duties of the compact commission during the interim 18 |
|---|
| 396 | 396 | | between compact commission meetings, except for adopting or amending rules, adopting or 19 |
|---|
| 397 | 397 | | amending bylaws, and exercising any other powers and duties expressly reserved to the compact 20 |
|---|
| 398 | 398 | | commission by rule or bylaw; and 21 |
|---|
| 399 | 399 | | (vix) Other duties as provided in the rules or bylaws of the compact commission. 22 |
|---|
| 400 | 400 | | (2) The executive committee shall be composed of nine (9) members: 23 |
|---|
| 401 | 401 | | (i) The chair and vice chair of the compact commission shall be voting members of the 24 |
|---|
| 402 | 402 | | executive committee; 25 |
|---|
| 403 | 403 | | (ii) Five (5) voting members from the current membership of the compact commission, 26 |
|---|
| 404 | 404 | | elected by the compact commission; 27 |
|---|
| 405 | 405 | | (iii) One exofficio, nonvoting member from a recognized professional association 28 |
|---|
| 406 | 406 | | representing dietitians; and 29 |
|---|
| 407 | 407 | | (iv) One exofficio, nonvoting member from a recognized national credentialing 30 |
|---|
| 408 | 408 | | organization for dietitians. 31 |
|---|
| 409 | 409 | | (3) The compact commission may remove any member of the executive committee as 32 |
|---|
| 410 | 410 | | provided in the compact commission's bylaws. 33 |
|---|
| 411 | 411 | | (4) The executive committee shall meet at least annually. 34 |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | |
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| 414 | 414 | | LC000297 - Page 12 of 23 |
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| 415 | 415 | | (i) Executive committee meetings shall be open to the public, except that the executive 1 |
|---|
| 416 | 416 | | committee may meet in a closed, non-public meeting as provided in subsection (f) of this section. 2 |
|---|
| 417 | 417 | | (ii) The executive committee shall give thirty (30) days notice of its meetings, posted on 3 |
|---|
| 418 | 418 | | the website of the compact commission and as determined to provide notice to persons with an 4 |
|---|
| 419 | 419 | | interest in the business of the compact commission. 5 |
|---|
| 420 | 420 | | (iii) The executive committee may hold a special meeting in accordance with subsection 6 |
|---|
| 421 | 421 | | (f) of this section. 7 |
|---|
| 422 | 422 | | (e) The compact commission shall adopt and provide to the member states an annual report. 8 |
|---|
| 423 | 423 | | (f) Meetings of the compact commission 9 |
|---|
| 424 | 424 | | (1) All meetings shall be open to the public, except that the compact commission may meet 10 |
|---|
| 425 | 425 | | in a closed, non-public meeting as provided in subsection (f)(2) of this section. 11 |
|---|
| 426 | 426 | | (i) Public notice for all meetings of the full compact commission shall be given in the same 12 |
|---|
| 427 | 427 | | manner as required under the rulemaking provisions in § 5-64.2-13, except that the compact 13 |
|---|
| 428 | 428 | | commission may hold a special meeting as provided in subsection (f)(1)(ii) of this section. 14 |
|---|
| 429 | 429 | | (ii) The compact commission may hold a special meeting when it must meet to conduct 15 |
|---|
| 430 | 430 | | emergency business by giving twenty-four (24) hours notice to all member states, on the compact 16 |
|---|
| 431 | 431 | | commission's website, and other means as provided in the compact commission's rules. The 17 |
|---|
| 432 | 432 | | compact commission's legal counsel shall certify that the compact commission's need to meet 18 |
|---|
| 433 | 433 | | qualifies as an emergency. 19 |
|---|
| 434 | 434 | | (2) The compact commission or the executive committee or other committees of the 20 |
|---|
| 435 | 435 | | compact commission may convene in a closed, non-public meeting for the compact commission or 21 |
|---|
| 436 | 436 | | executive committee or other committees of the compact commission to receive legal advice or to 22 |
|---|
| 437 | 437 | | discuss: 23 |
|---|
| 438 | 438 | | (i) Non-compliance of a member state with its obligations under the compact; 24 |
|---|
| 439 | 439 | | (ii) The employment, compensation, discipline, or other matters, practices, or procedures 25 |
|---|
| 440 | 440 | | related to specific employees; 26 |
|---|
| 441 | 441 | | (iii) Current or threatened discipline of a licensee by the compact commission or by a 27 |
|---|
| 442 | 442 | | member state's licensing authority; 28 |
|---|
| 443 | 443 | | (iv) Current, threatened, or reasonably anticipated litigation; 29 |
|---|
| 444 | 444 | | (v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; 30 |
|---|
| 445 | 445 | | (vi) Accusing any person of a crime or formally censuring any person; 31 |
|---|
| 446 | 446 | | (vii) Trade secrets or commercial or financial information that is privileged or confidential; 32 |
|---|
| 447 | 447 | | (viii) Information of a personal nature where disclosure would constitute a clearly 33 |
|---|
| 448 | 448 | | unwarranted invasion of personal privacy; 34 |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | LC000297 - Page 13 of 23 |
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| 452 | 452 | | (vix) Investigative records compiled for law enforcement purposes; 1 |
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| 453 | 453 | | (x) Information related to any investigative reports prepared by or on behalf of or for use 2 |
|---|
| 454 | 454 | | of the compact commission or other committee charged with responsibility of investigation or 3 |
|---|
| 455 | 455 | | determination of compliance issues pursuant to this chapter; 4 |
|---|
| 456 | 456 | | (xi) Matters specifically exempted from disclosure by federal or member state law; or 5 |
|---|
| 457 | 457 | | (xii) Other matters as specified in the rules of the compact commission. 6 |
|---|
| 458 | 458 | | (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the 7 |
|---|
| 459 | 459 | | meeting will be closed and reference each relevant exempting provision, and such reference shall 8 |
|---|
| 460 | 460 | | be recorded in the minutes. 9 |
|---|
| 461 | 461 | | (4) The compact commission shall keep minutes that fully and clearly describe all matters 10 |
|---|
| 462 | 462 | | discussed in a meeting and shall provide a full and accurate summary of actions taken, and the 11 |
|---|
| 463 | 463 | | reasons therefore, including a description of the views expressed. All documents considered in 12 |
|---|
| 464 | 464 | | connection with an action shall be identified in such minutes. All minutes and documents of a 13 |
|---|
| 465 | 465 | | closed meeting shall remain under seal, subject to release only by a majority vote of the compact 14 |
|---|
| 466 | 466 | | commission or order of a court of competent jurisdiction. 15 |
|---|
| 467 | 467 | | (g) Financing of the compact commission. 16 |
|---|
| 468 | 468 | | (1) The compact commission shall pay, or provide for the payment of, the reasonable 17 |
|---|
| 469 | 469 | | expenses of its establishment, organization, and ongoing activities. 18 |
|---|
| 470 | 470 | | (2) The compact commission may accept any and all appropriate revenue sources as 19 |
|---|
| 471 | 471 | | provided in subsection (c) of this section. 20 |
|---|
| 472 | 472 | | (3) The compact commission may levy on and collect an annual assessment from each 21 |
|---|
| 473 | 473 | | member state and impose fees on licensees of member states to whom it grants a compact privilege 22 |
|---|
| 474 | 474 | | to cover the cost of the operations and activities of the compact commission and its staff, which 23 |
|---|
| 475 | 475 | | must, in a total amount, be sufficient to cover its annual budget as approved each year for which 24 |
|---|
| 476 | 476 | | revenue is not provided by other sources. The aggregate annual assessment amount for member 25 |
|---|
| 477 | 477 | | states shall be allocated based upon a formula that the compact commission shall promulgate by 26 |
|---|
| 478 | 478 | | rule. 27 |
|---|
| 479 | 479 | | (4) The compact commission shall not incur obligations of any kind prior to securing the 28 |
|---|
| 480 | 480 | | funds adequate to meet the same; nor shall the compact commission pledge the credit of any of the 29 |
|---|
| 481 | 481 | | member states, except by and with the authority of the member state. 30 |
|---|
| 482 | 482 | | (5) The compact commission shall keep accurate accounts of all receipts and 31 |
|---|
| 483 | 483 | | disbursements. The receipts and disbursements of the compact commission shall be subject to the 32 |
|---|
| 484 | 484 | | financial review and accounting procedures established under its bylaws. However, all receipts and 33 |
|---|
| 485 | 485 | | disbursements of funds handled by the compact commission shall be subject to an annual financial 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
|---|
| 488 | 488 | | LC000297 - Page 14 of 23 |
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| 489 | 489 | | review by a certified or licensed public accountant, and the report of the financial review shall be 1 |
|---|
| 490 | 490 | | included in and become part of the annual report of the compact commission. 2 |
|---|
| 491 | 491 | | (h) Qualified immunity, defense, and indemnification. 3 |
|---|
| 492 | 492 | | (1) The members, officers, executive director, employees and representatives of the 4 |
|---|
| 493 | 493 | | compact commission shall be immune from suit and liability, both personally and in their official 5 |
|---|
| 494 | 494 | | capacity, for any claim for damage to or loss of property or personal injury or other civil liability 6 |
|---|
| 495 | 495 | | caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the 7 |
|---|
| 496 | 496 | | person against whom the claim is made had a reasonable basis for believing occurred within the 8 |
|---|
| 497 | 497 | | scope of compact commission employment, duties, or responsibilities; provided that, nothing in 9 |
|---|
| 498 | 498 | | this section shall be construed to protect any such person from suit or liability for any damage, loss, 10 |
|---|
| 499 | 499 | | injury, or liability caused by the intentional or willful or wanton misconduct of that person. The 11 |
|---|
| 500 | 500 | | procurement of insurance of any type by the compact commission shall not in any way compromise 12 |
|---|
| 501 | 501 | | or limit the immunity granted hereunder. 13 |
|---|
| 502 | 502 | | (2) The compact commission shall defend any member, officer, executive director, 14 |
|---|
| 503 | 503 | | employee, and representative of the compact commission in any civil action seeking to impose 15 |
|---|
| 504 | 504 | | liability arising out of any actual or alleged act, error, or omission that occurred within the scope 16 |
|---|
| 505 | 505 | | of compact commission employment, duties, or responsibilities, or as determined by the compact 17 |
|---|
| 506 | 506 | | commission that the person against whom the claim is made had a reasonable basis for believing 18 |
|---|
| 507 | 507 | | occurred within the scope of compact commission employment, duties, or responsibilities; 19 |
|---|
| 508 | 508 | | provided that, nothing herein shall be construed to prohibit that person from retaining their own 20 |
|---|
| 509 | 509 | | counsel at their own expense; and provided, further, that the actual or alleged act, error, or omission 21 |
|---|
| 510 | 510 | | did not result from that person's intentional or willful or wanton misconduct. 22 |
|---|
| 511 | 511 | | (3) The compact commission shall indemnify and hold harmless any member, officer, 23 |
|---|
| 512 | 512 | | executive director, employee, and representative of the compact commission for the amount of any 24 |
|---|
| 513 | 513 | | settlement or judgment obtained against that person arising out of any actual or alleged act, error, 25 |
|---|
| 514 | 514 | | or omission that occurred within the scope of compact commission employment, duties, or 26 |
|---|
| 515 | 515 | | responsibilities, or that such person had a reasonable basis for believing occurred within the scope 27 |
|---|
| 516 | 516 | | of compact commission employment, duties, or responsibilities; provided that, the actual or alleged 28 |
|---|
| 517 | 517 | | act, error, or omission did not result from the intentional or willful or wanton misconduct of that 29 |
|---|
| 518 | 518 | | person. 30 |
|---|
| 519 | 519 | | (4) Nothing herein shall be construed as a limitation on the liability of any licensee for 31 |
|---|
| 520 | 520 | | professional malpractice or misconduct, which shall be governed solely by any other applicable 32 |
|---|
| 521 | 521 | | state laws. 33 |
|---|
| 522 | 522 | | (5) Nothing in this chapter shall be interpreted to waive or otherwise abrogate a member 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | LC000297 - Page 15 of 23 |
|---|
| 526 | 526 | | state's state action immunity or state action affirmative defense with respect to antitrust claims 1 |
|---|
| 527 | 527 | | under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law 2 |
|---|
| 528 | 528 | | or regulation. 3 |
|---|
| 529 | 529 | | (6) Nothing in this chapter shall be construed to be a waiver of sovereign immunity by the 4 |
|---|
| 530 | 530 | | member states or by the compact commission. 5 |
|---|
| 531 | 531 | | 5-64.2-10. Data system. 6 |
|---|
| 532 | 532 | | (a) The compact commission shall provide for the development, maintenance, operation, 7 |
|---|
| 533 | 533 | | and utilization of a coordinated data system. 8 |
|---|
| 534 | 534 | | (b) The compact commission shall assign each applicant for a compact privilege a unique 9 |
|---|
| 535 | 535 | | identifier, as determined by the rules. 10 |
|---|
| 536 | 536 | | (c) Notwithstanding any other provision of state law to the contrary, a member state shall 11 |
|---|
| 537 | 537 | | submit a uniform data set to the data system on all individuals to whom this compact is applicable 12 |
|---|
| 538 | 538 | | as required by the rules of the compact commission, including: 13 |
|---|
| 539 | 539 | | (1) Identifying information; 14 |
|---|
| 540 | 540 | | (2) Licensure data; 15 |
|---|
| 541 | 541 | | (3) Adverse actions against a license or compact privilege and information related thereto; 16 |
|---|
| 542 | 542 | | (4) Non-confidential information related to alternative program participation, the 17 |
|---|
| 543 | 543 | | beginning and ending dates of such participation, and other information related to such participation 18 |
|---|
| 544 | 544 | | not made confidential under member state law; 19 |
|---|
| 545 | 545 | | (5) Any denial of application for licensure, and the reason(s) for such denial; 20 |
|---|
| 546 | 546 | | (6) The presence of current significant investigative information; and 21 |
|---|
| 547 | 547 | | (7) Other information that may facilitate the administration of this chapter or the protection 22 |
|---|
| 548 | 548 | | of the public, as determined by the rules of the compact commission. 23 |
|---|
| 549 | 549 | | (d) The records and information provided to a member state pursuant to this chapter or 24 |
|---|
| 550 | 550 | | through the data system, when certified by the compact commission or an agent thereof, shall 25 |
|---|
| 551 | 551 | | constitute the authenticated business records of the compact commission, and shall be entitled to 26 |
|---|
| 552 | 552 | | any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative 27 |
|---|
| 553 | 553 | | proceedings in a member state. 28 |
|---|
| 554 | 554 | | (e) Current significant investigative information pertaining to a licensee in any member 29 |
|---|
| 555 | 555 | | state will only be available to other member states. 30 |
|---|
| 556 | 556 | | (f) It is the responsibility of the member states to report any adverse action against a 31 |
|---|
| 557 | 557 | | licensee and to monitor the data system to determine whether any adverse action has been taken 32 |
|---|
| 558 | 558 | | against a licensee. Adverse action information pertaining to a licensee in any member state will be 33 |
|---|
| 559 | 559 | | available to any other member state. 34 |
|---|
| 560 | 560 | | |
|---|
| 561 | 561 | | |
|---|
| 562 | 562 | | LC000297 - Page 16 of 23 |
|---|
| 563 | 563 | | (g) Member states contributing information to the data system may designate information 1 |
|---|
| 564 | 564 | | that may not be shared with the public without the express permission of the contributing state. 2 |
|---|
| 565 | 565 | | (h) Any information submitted to the data system that is subsequently expunged pursuant 3 |
|---|
| 566 | 566 | | to federal law or the laws of the member state contributing the information shall be removed from 4 |
|---|
| 567 | 567 | | the data system. 5 |
|---|
| 568 | 568 | | 5-64.2-11. Rulemaking. 6 |
|---|
| 569 | 569 | | (a) The compact commission shall promulgate reasonable rules in order to effectively and 7 |
|---|
| 570 | 570 | | efficiently implement and administer the purposes and provisions of the chapter. A rule shall be 8 |
|---|
| 571 | 571 | | invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is 9 |
|---|
| 572 | 572 | | invalid because the compact commission exercised its rulemaking authority in a manner that is 10 |
|---|
| 573 | 573 | | beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon 11 |
|---|
| 574 | 574 | | another applicable standard of review. 12 |
|---|
| 575 | 575 | | (b) The rules of the compact commission shall have the force of law in each member state; 13 |
|---|
| 576 | 576 | | provided, however that, where the rules conflict with the laws or regulations of a member state that 14 |
|---|
| 577 | 577 | | relate to the procedures, actions, and processes a licensed dietitian is permitted to undertake in that 15 |
|---|
| 578 | 578 | | state and the circumstances under which they may do so, as held by a court of competent 16 |
|---|
| 579 | 579 | | jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of 17 |
|---|
| 580 | 580 | | the conflict. 18 |
|---|
| 581 | 581 | | (c) The compact commission shall exercise its rulemaking powers pursuant to the criteria 19 |
|---|
| 582 | 582 | | set forth in this section and the rules adopted thereunder. Rules shall become binding on the day 20 |
|---|
| 583 | 583 | | following adoption or as of the date specified in the rule or amendment, whichever is later. 21 |
|---|
| 584 | 584 | | (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, 22 |
|---|
| 585 | 585 | | by enactment of a statute or resolution in the same manner used to adopt the compact within four 23 |
|---|
| 586 | 586 | | (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in 24 |
|---|
| 587 | 587 | | any member state. 25 |
|---|
| 588 | 588 | | (e) Rules shall be adopted at a regular or special meeting of the compact commission. 26 |
|---|
| 589 | 589 | | (f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing 27 |
|---|
| 590 | 590 | | and allow persons to provide oral and written comments, data, facts, opinions, and arguments. 28 |
|---|
| 591 | 591 | | (g) Prior to adoption of a proposed rule by the compact commission, and at least thirty (30) 29 |
|---|
| 592 | 592 | | days in advance of the meeting at which the compact commission will hold a public hearing on the 30 |
|---|
| 593 | 593 | | proposed rule, the compact commission shall provide a notice of proposed rulemaking: 31 |
|---|
| 594 | 594 | | (1) On the website of the compact commission or other publicly accessible platform; 32 |
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| 595 | 595 | | (2) To persons who have requested notice of the compact commission's notices of proposed 33 |
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| 596 | 596 | | rulemaking; and 34 |
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| 597 | 597 | | |
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| 598 | 598 | | |
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| 599 | 599 | | LC000297 - Page 17 of 23 |
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| 600 | 600 | | (3) In such other way(s) as the compact commission may by rule specify. 1 |
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| 601 | 601 | | (h) The notice of proposed rulemaking shall include: 2 |
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| 602 | 602 | | (1) The time, date, and location of the public hearing at which the compact commission 3 |
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| 603 | 603 | | will hear public comments on the proposed rule and, if different, the time, date, and location of the 4 |
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| 604 | 604 | | meeting where the compact commission will consider and vote on the proposed rule; 5 |
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| 605 | 605 | | (2) If the hearing is held via telecommunication, video conference, or other means of 6 |
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| 606 | 606 | | communication, the compact commission shall include the mechanism for access to the hearing in 7 |
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| 607 | 607 | | the notice of proposed rulemaking; 8 |
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| 608 | 608 | | (3) The text of the proposed rule and the reason therefore; 9 |
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| 609 | 609 | | (4) A request for comments on the proposed rule from any interested person; and 10 |
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| 610 | 610 | | (5) The manner in which interested persons may submit written comments. 11 |
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| 611 | 611 | | (i) All hearings will be recorded. A copy of the recording and all written comments and 12 |
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| 612 | 612 | | documents received by the compact commission in response to the proposed rule shall be available 13 |
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| 613 | 613 | | to the public. 14 |
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| 614 | 614 | | (j) Nothing in this section shall be construed as requiring a separate hearing on each rule. 15 |
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| 615 | 615 | | Rules may be grouped for the convenience of the compact commission at hearings required by this 16 |
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| 616 | 616 | | section. 17 |
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| 617 | 617 | | (k) The compact commission shall, by majority vote of all members, take final action on 18 |
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| 618 | 618 | | the proposed rule based on the rulemaking record and the full text of the rule. 19 |
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| 619 | 619 | | (1) The compact commission may adopt changes to the proposed rule provided the changes 20 |
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| 620 | 620 | | do not enlarge the original purpose of the proposed rule. 21 |
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| 621 | 621 | | (2) The compact commission shall provide an explanation of the reasons for substantive 22 |
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| 622 | 622 | | changes made to the proposed rule as well as reasons for substantive changes not made that were 23 |
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| 623 | 623 | | recommended by commenters. 24 |
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| 624 | 624 | | (3) The compact commission shall determine a reasonable effective date for the rule. 25 |
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| 625 | 625 | | Except for an emergency as provided in subsection (l) of this section, the effective date of the rule 26 |
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| 626 | 626 | | shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule. 27 |
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| 627 | 627 | | (l) Upon determination that an emergency exists, the compact commission may consider 28 |
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| 628 | 628 | | and adopt an emergency rule with twenty-four (24) hours notice, with opportunity to comment; 29 |
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| 629 | 629 | | provided that, the usual rulemaking procedures provided in the compact and in this section shall be 30 |
|---|
| 630 | 630 | | retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) 31 |
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| 631 | 631 | | days after the effective date of the rule. For the purposes of this provision, an emergency rule is 32 |
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| 632 | 632 | | one that must be adopted immediately in order to: 33 |
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| 633 | 633 | | (1) Meet an imminent threat to public health, safety, or welfare; 34 |
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| 634 | 634 | | |
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| 635 | 635 | | |
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| 636 | 636 | | LC000297 - Page 18 of 23 |
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| 637 | 637 | | (2) Prevent a loss of compact commission or member state funds; 1 |
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| 638 | 638 | | (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; 2 |
|---|
| 639 | 639 | | or 3 |
|---|
| 640 | 640 | | (4) Protect public health and safety. 4 |
|---|
| 641 | 641 | | (m) The compact commission or an authorized committee of the compact commission may 5 |
|---|
| 642 | 642 | | direct revision to a previously adopted rule for purposes of correcting typographical errors, errors 6 |
|---|
| 643 | 643 | | in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted 7 |
|---|
| 644 | 644 | | on the website of the compact commission. The revision shall be subject to challenge by any person 8 |
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| 645 | 645 | | for a period of thirty (30) days after posting. The revision may be challenged only on grounds that 9 |
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| 646 | 646 | | the revision results in a material change to a rule. A challenge shall be made in writing and delivered 10 |
|---|
| 647 | 647 | | to the compact commission prior to the end of the notice period. If no challenge is made, the 11 |
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| 648 | 648 | | revision will take effect without further action. If the revision is challenged, the revision may not 12 |
|---|
| 649 | 649 | | take effect without the approval of the compact commission. 13 |
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| 650 | 650 | | (n) No member state's rulemaking requirements shall apply under this chapter. 14 |
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| 651 | 651 | | 5-64.2-12. Oversight, dispute resolution and enforcement. 15 |
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| 652 | 652 | | (a) Oversight. 16 |
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| 653 | 653 | | (1) The executive and judicial branches of state government in each member state shall 17 |
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| 654 | 654 | | enforce this compact and take all actions necessary and appropriate to implement this compact. 18 |
|---|
| 655 | 655 | | (2) Except as otherwise provided in this chapter, venue is proper and judicial proceedings 19 |
|---|
| 656 | 656 | | by or against the compact commission shall be brought solely and exclusively in a court of 20 |
|---|
| 657 | 657 | | competent jurisdiction where the principal office of the compact commission is located. The 21 |
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| 658 | 658 | | compact commission may waive venue and jurisdictional defenses to the extent it adopts or 22 |
|---|
| 659 | 659 | | consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or 23 |
|---|
| 660 | 660 | | limit the selection or propriety of venue in any action against a licensee for professional 24 |
|---|
| 661 | 661 | | malpractice, misconduct, or any such similar matter. 25 |
|---|
| 662 | 662 | | (3) The compact commission shall be entitled to receive service of process in any 26 |
|---|
| 663 | 663 | | proceeding regarding the enforcement or interpretation of the compact and shall have standing to 27 |
|---|
| 664 | 664 | | intervene in such a proceeding for all purposes. Failure to provide the compact commission service 28 |
|---|
| 665 | 665 | | of process shall render a judgment or order void as to the compact commission, this compact, or 29 |
|---|
| 666 | 666 | | promulgated rules. 30 |
|---|
| 667 | 667 | | (b) Default, technical assistance and termination. 31 |
|---|
| 668 | 668 | | (1) If the compact commission determines that a member state has defaulted in the 32 |
|---|
| 669 | 669 | | performance of its obligations or responsibilities under this chapter or the promulgated rules, the 33 |
|---|
| 670 | 670 | | compact commission shall provide written notice to the defaulting state. The notice of default shall 34 |
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| 671 | 671 | | |
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| 672 | 672 | | |
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| 673 | 673 | | LC000297 - Page 19 of 23 |
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| 674 | 674 | | describe the default, the proposed means of curing the default, and any other action that the compact 1 |
|---|
| 675 | 675 | | commission may take and shall offer training and specific technical assistance regarding the 2 |
|---|
| 676 | 676 | | default. 3 |
|---|
| 677 | 677 | | (2) The compact commission shall provide a copy of the notice of default to the other 4 |
|---|
| 678 | 678 | | member states. 5 |
|---|
| 679 | 679 | | (c) If a state in default fails to cure the default, the defaulting state may be terminated from 6 |
|---|
| 680 | 680 | | the compact upon an affirmative vote of a majority of the delegates of the member states, and all 7 |
|---|
| 681 | 681 | | rights, privileges, and benefits conferred on that state by this compact may be terminated on the 8 |
|---|
| 682 | 682 | | effective date of termination. A cure of the default does not relieve the offending state of obligations 9 |
|---|
| 683 | 683 | | or liabilities incurred during the period of default. 10 |
|---|
| 684 | 684 | | (d) Termination of membership in the compact shall be imposed only after all other means 11 |
|---|
| 685 | 685 | | of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given 12 |
|---|
| 686 | 686 | | by the compact commission to the governor, the majority and minority leaders of the defaulting 13 |
|---|
| 687 | 687 | | state's legislature, the defaulting state's licensing authority, and each of the member states' licensing 14 |
|---|
| 688 | 688 | | authority. 15 |
|---|
| 689 | 689 | | (e) A state that has been terminated is responsible for all assessments, obligations, and 16 |
|---|
| 690 | 690 | | liabilities incurred through the effective date of termination, including obligations that extend 17 |
|---|
| 691 | 691 | | beyond the effective date of termination. 18 |
|---|
| 692 | 692 | | (f) Upon the termination of a state's membership from this compact, that state shall 19 |
|---|
| 693 | 693 | | immediately provide notice to all licensees within that state of such termination. The terminated 20 |
|---|
| 694 | 694 | | state shall continue to recognize all compact privileges granted pursuant to this compact for a 21 |
|---|
| 695 | 695 | | minimum of six (6) months after the date of said notice of termination. 22 |
|---|
| 696 | 696 | | (g) The compact commission shall not bear any costs related to a state that is found to be 23 |
|---|
| 697 | 697 | | in default or that has been terminated from the compact, unless agreed upon in writing between the 24 |
|---|
| 698 | 698 | | compact commission and the defaulting state. 25 |
|---|
| 699 | 699 | | (h) The defaulting state may appeal the action of the compact commission by petitioning 26 |
|---|
| 700 | 700 | | the U.S. District Court for the District of Columbia or the federal district where the compact 27 |
|---|
| 701 | 701 | | commission has its principal offices. The prevailing party shall be awarded all costs of such 28 |
|---|
| 702 | 702 | | litigation, including reasonable attorneys' fees. 29 |
|---|
| 703 | 703 | | (i) Dispute resolution. 30 |
|---|
| 704 | 704 | | (1) Upon request by a member state, the compact commission shall attempt to resolve 31 |
|---|
| 705 | 705 | | disputes related to the compact that arise among member states and between member and non-32 |
|---|
| 706 | 706 | | member states. 33 |
|---|
| 707 | 707 | | (2) The compact commission shall promulgate a rule providing for both mediation and 34 |
|---|
| 708 | 708 | | |
|---|
| 709 | 709 | | |
|---|
| 710 | 710 | | LC000297 - Page 20 of 23 |
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| 711 | 711 | | binding dispute resolution for disputes as appropriate. 1 |
|---|
| 712 | 712 | | (j) Enforcement. 2 |
|---|
| 713 | 713 | | (1) By supermajority vote, the compact commission may initiate legal action against a 3 |
|---|
| 714 | 714 | | member state in default in the United States District Court for the District of Columbia or the federal 4 |
|---|
| 715 | 715 | | district where the compact commission has its principal offices to enforce compliance with the 5 |
|---|
| 716 | 716 | | provisions of the compact and its promulgated rules. The relief sought may include both injunctive 6 |
|---|
| 717 | 717 | | relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be 7 |
|---|
| 718 | 718 | | awarded all costs of such litigation, including reasonable attorneys' fees. The remedies herein shall 8 |
|---|
| 719 | 719 | | not be the exclusive remedies of the compact commission. The compact commission may pursue 9 |
|---|
| 720 | 720 | | any other remedies available under federal or the defaulting member state's law. 10 |
|---|
| 721 | 721 | | (1) A member state may initiate legal action against the compact commission in the U.S. 11 |
|---|
| 722 | 722 | | District Court for the District of Columbia or the federal district where the compact commission 12 |
|---|
| 723 | 723 | | has its principal offices to enforce compliance with the provisions of the compact and its 13 |
|---|
| 724 | 724 | | promulgated rules. The relief sought may include both injunctive relief and damages. In the event 14 |
|---|
| 725 | 725 | | judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, 15 |
|---|
| 726 | 726 | | including reasonable attorneys' fees. 16 |
|---|
| 727 | 727 | | (3) No party other than a member state shall enforce this compact against the compact 17 |
|---|
| 728 | 728 | | commission. 18 |
|---|
| 729 | 729 | | 5-64.2-13. Effective date, withdrawal and amendment. 19 |
|---|
| 730 | 730 | | (a) The compact shall come into effect on the date on which the compact is enacted into 20 |
|---|
| 731 | 731 | | law in the seventh member state. 21 |
|---|
| 732 | 732 | | (1) On or after the effective date of the compact, the compact commission shall convene 22 |
|---|
| 733 | 733 | | and review the enactment of each of the first seven (7) member states ("charter member states") to 23 |
|---|
| 734 | 734 | | determine if the statute enacted by each such charter member state is materially different than the 24 |
|---|
| 735 | 735 | | model compact statute. 25 |
|---|
| 736 | 736 | | (i) A charter member state whose enactment is found to be materially different from the 26 |
|---|
| 737 | 737 | | model compact statute shall be entitled to the default process set forth in § 5-64.2-12. 27 |
|---|
| 738 | 738 | | (ii) If any member state is later found to be in default, or is terminated, or withdraws from 28 |
|---|
| 739 | 739 | | the compact, the compact commission shall remain in existence and the compact shall remain in 29 |
|---|
| 740 | 740 | | effect even if the number of member states should be less than seven (7). 30 |
|---|
| 741 | 741 | | (2) Member states enacting the compact subsequent to the seven (7) initial charter member 31 |
|---|
| 742 | 742 | | states shall be subject to the process set forth in § 5-64.2-9 to determine if their enactments are 32 |
|---|
| 743 | 743 | | materially different from the model compact statute and whether they qualify for participation in 33 |
|---|
| 744 | 744 | | the compact. 34 |
|---|
| 745 | 745 | | |
|---|
| 746 | 746 | | |
|---|
| 747 | 747 | | LC000297 - Page 21 of 23 |
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| 748 | 748 | | (3) All actions taken for the benefit of the compact commission or in furtherance of the 1 |
|---|
| 749 | 749 | | purposes of the administration of the compact prior to the effective date of the compact or the 2 |
|---|
| 750 | 750 | | compact commission coming into existence shall be considered to be actions of the compact 3 |
|---|
| 751 | 751 | | commission unless specifically repudiated by the compact commission. 4 |
|---|
| 752 | 752 | | (4) Any state that joins the compact subsequent to the compact commission's initial 5 |
|---|
| 753 | 753 | | adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date 6 |
|---|
| 754 | 754 | | on which the compact becomes law in that state. Any rule that has been previously adopted by the 7 |
|---|
| 755 | 755 | | compact commission shall have the full force and effect of law on the day the compact becomes 8 |
|---|
| 756 | 756 | | law in that state. 9 |
|---|
| 757 | 757 | | (b) Any member state may withdraw from this compact by enacting a statute repealing the 10 |
|---|
| 758 | 758 | | same. 11 |
|---|
| 759 | 759 | | (1) A member state's withdrawal shall not take effect until one hundred eighty (180) days 12 |
|---|
| 760 | 760 | | after enactment of the repealing statute. 13 |
|---|
| 761 | 761 | | (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's 14 |
|---|
| 762 | 762 | | licensing authority to comply with the investigative and adverse action reporting requirements of 15 |
|---|
| 763 | 763 | | this compact prior to the effective date of withdrawal. 16 |
|---|
| 764 | 764 | | (3) Upon the enactment of a statute withdrawing from this compact, a state shall 17 |
|---|
| 765 | 765 | | immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding 18 |
|---|
| 766 | 766 | | any subsequent statutory enactment to the contrary, such withdrawing state shall continue to 19 |
|---|
| 767 | 767 | | recognize all compact privileges granted pursuant to this compact for a minimum of one hundred 20 |
|---|
| 768 | 768 | | eight (180) days after the date of such notice of withdrawal. 21 |
|---|
| 769 | 769 | | (c) Nothing contained in this chapter shall be construed to invalidate or prevent any 22 |
|---|
| 770 | 770 | | licensure agreement or other cooperative arrangement between a member state and a non-member 23 |
|---|
| 771 | 771 | | state that does not conflict with the provisions of this chapter. 24 |
|---|
| 772 | 772 | | (d) The compact may be amended by the member states. No amendment to the compact 25 |
|---|
| 773 | 773 | | shall become effective and binding upon any member state until it is enacted into the laws of all 26 |
|---|
| 774 | 774 | | member states. 27 |
|---|
| 775 | 775 | | 5-64.2-14. Construction and severability. 28 |
|---|
| 776 | 776 | | (a) This compact and the compact commission's rulemaking authority shall be liberally 29 |
|---|
| 777 | 777 | | construed so as to effectuate the purposes and the implementation and administration of the 30 |
|---|
| 778 | 778 | | compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules 31 |
|---|
| 779 | 779 | | shall not be construed to limit the compact commission's rulemaking authority solely for those 32 |
|---|
| 780 | 780 | | purposes. 33 |
|---|
| 781 | 781 | | (b) The provisions of this chapter shall be severable and if any phrase, clause, sentence, or 34 |
|---|
| 782 | 782 | | |
|---|
| 783 | 783 | | |
|---|
| 784 | 784 | | LC000297 - Page 22 of 23 |
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| 785 | 785 | | provision of this chapter is held by a court of competent jurisdiction to be contrary to the 1 |
|---|
| 786 | 786 | | constitution of any member state, a state seeking participation in the compact, or of the United 2 |
|---|
| 787 | 787 | | States, or the applicability thereof to any government, agency, person, or circumstance is held to 3 |
|---|
| 788 | 788 | | be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this chapter 4 |
|---|
| 789 | 789 | | and the applicability thereof to any other government, agency, person, or circumstance shall not be 5 |
|---|
| 790 | 790 | | affected thereby. 6 |
|---|
| 791 | 791 | | (c) Notwithstanding subsection (b) of this section, the compact commission may deny a 7 |
|---|
| 792 | 792 | | state's participation in the compact or, in accordance with the requirements of § 5-64.2-12, 8 |
|---|
| 793 | 793 | | terminate a member state's participation in the compact, if it determines that a constitutional 9 |
|---|
| 794 | 794 | | requirement of a member state is a material departure from the compact. Otherwise, if this compact 10 |
|---|
| 795 | 795 | | shall be held to be contrary to the constitution of any member state, the compact shall remain in 11 |
|---|
| 796 | 796 | | full force and effect as to the remaining member states and in full force and effect as to the member 12 |
|---|
| 797 | 797 | | state affected as to all severable matters. 13 |
|---|
| 798 | 798 | | 5-64.2-15. Consistent effect and conflict with other state laws. 14 |
|---|
| 799 | 799 | | (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member 15 |
|---|
| 800 | 800 | | state that is not inconsistent with the compact. 16 |
|---|
| 801 | 801 | | (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict 17 |
|---|
| 802 | 802 | | with the compact are superseded to the extent of the conflict. 18 |
|---|
| 803 | 803 | | (c) All permissible agreements between the compact commission and the member states 19 |
|---|
| 804 | 804 | | are binding in accordance with their terms. 20 |
|---|
| 805 | 805 | | SECTION 2. This act shall take effect upon passage. 21 |
|---|
| 806 | 806 | | ======== |
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| 807 | 807 | | LC000297 |
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| 808 | 808 | | ======== |
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| 809 | 809 | | |
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| 810 | 810 | | |
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| 811 | 811 | | LC000297 - Page 23 of 23 |
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| 812 | 812 | | EXPLANATION |
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| 813 | 813 | | BY THE LEGISLATIVE COUNCIL |
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| 814 | 814 | | OF |
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| 815 | 815 | | A N A C T |
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| 816 | 816 | | RELATING TO BUSINESSES AND PROFESSIONS -- DIETITIAN LICENSURE COMPACT |
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| 817 | 817 | | *** |
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| 818 | 818 | | This act would allow for the enactment of the dietitian licensure compact permitting a 1 |
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| 819 | 819 | | licensed dietitian from another state to become licensed within the State of Rhode Island, and also 2 |
|---|
| 820 | 820 | | permitting a dietitian licensed by the State of Rhode Island to become licensed in another compact 3 |
|---|
| 821 | 821 | | state. The purpose of the compact is to increase public access to dietetics services, eliminate the 4 |
|---|
| 822 | 822 | | necessity of licenses in multiple states, and enhance the state's ability to protect the public's health 5 |
|---|
| 823 | 823 | | and safety. 6 |
|---|
| 824 | 824 | | This act would take effect upon passage. 7 |
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| 825 | 825 | | ======== |
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| 826 | 826 | | LC000297 |
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| 827 | 827 | | ======== |
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