89R15303 DNC-D
By: Isaac H.B. No. 4465
A BILL TO BE ENTITLED
AN ACT
relating to the dietitian licensure compact; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 701, Occupations Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. DIETITIAN LICENSURE COMPACT
Sec. 701.451. DIETITIAN LICENSURE COMPACT. The Dietitian
Licensure Compact is enacted and entered into with all other
jurisdictions that legally join in the compact, which reads as
follows:
DIETITIAN LICENSURE COMPACT
SECTION 1: PURPOSE
The purpose of this Compact is to facilitate interstate Practice of
Dietetics with the goal of improving public access to dietetics
services. This Compact preserves the regulatory authority of
States to protect public health and safety through the current
system of State licensure, while also providing for licensure
portability through a Compact Privilege granted to qualifying
professionals.
This Compact is designed to achieve the following objectives:
A. Increase public access to dietetics services;
B. Provide opportunities for interstate practice by
Licensed Dietitians who meet uniform requirements;
C. Eliminate the necessity for Licenses in multiple States;
D. Reduce administrative burden on Member States and
Licensees;
E. Enhance the States' ability to protect the public's
health and safety;
F. Encourage the cooperation of Member States in regulating
multistate practice of Licensed Dietitians;
G. Support relocating Active Military Members and their
spouses;
H. Enhance the exchange of licensure, investigative, and
disciplinary information among Member States; and
I. Vest all Member States with the authority to hold a
Licensed Dietitian accountable for meeting all State practice laws
in the State in which the patient is located at the time care is
rendered.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the
following definitions shall apply:
A. "ACEND" means the Accreditation Council for Education in
Nutrition and Dietetics or its successor organization.
B. "Active Military Member" means any individual with
full-time duty status in the active armed forces of the United
States, including members of the National Guard and Reserve.
C. "Adverse Action" means any administrative, civil,
equitable or criminal action permitted by a State's laws which is
imposed by a Licensing Authority or other authority against a
Licensee, including actions against an individual's License or
Compact Privilege such as revocation, suspension, probation,
monitoring of the Licensee, limitation on the Licensee's practice,
or any other Encumbrance on licensure affecting a Licensee's
authorization to practice, including issuance of a cease and desist
action.
D. "Alternative Program" means a non-disciplinary
monitoring or practice remediation process approved by a Licensing
Authority.
E. "Charter Member State" means any Member State which
enacted this Compact by law before the Effective Date specified in
Section 12.
F. "Continuing Education" means a requirement, as a
condition of License renewal, to provide evidence of participation
in, and completion of, educational and professional activities
relevant to practice or area of work.
G. "CDR" means the Commission on Dietetic Registration or
its successor organization.
H. "Compact Commission" means the government agency whose
membership consists of all States that have enacted this Compact,
which is known as the Dietitian Licensure Compact Commission, as
described in Section 8, and which shall operate as an
instrumentality of the Member States.
I. "Compact Privilege" means a legal authorization, which
is equivalent to a License, permitting the Practice of Dietetics in
a Remote State.
J. "Current Significant Investigative Information" means:
1. Investigative Information that a Licensing
Authority, after a preliminary inquiry that includes notification
and an opportunity for the subject Licensee to respond, if required
by State law, has reason to believe is not groundless and, if proved
true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the
subject Licensee represents an immediate threat to public health
and safety regardless of whether the subject Licensee has been
notified and had an opportunity to respond.
K. "Data System" means a repository of information about
Licensees, including, but not limited to, Continuing Education,
examination, licensure, investigative, Compact Privilege and
Adverse Action information.
L. "Encumbered License" means a License in which an Adverse
Action restricts a Licensee's ability to practice dietetics.
M. "Encumbrance" means a revocation or suspension of, or any
limitation on a Licensee's full and unrestricted Practice of
Dietetics by a Licensing Authority.
N. "Executive Committee" means a group of delegates elected
or appointed to act on behalf of, and within the powers granted to
them by, this Compact, and the Compact Commission.
O. "Home State" means the Member State that is the
Licensee's primary State of residence or that has been designated
pursuant to Section 6.
P. "Investigative Information" means information, records,
and documents received or generated by a Licensing Authority
pursuant to an investigation.
Q. "Jurisprudence Requirement" means an assessment of an
individual's knowledge of the State laws and regulations governing
the Practice of Dietetics in such State.
R. "License" means an authorization from a Member State to
either:
1. Engage in the Practice of Dietetics (including
medical nutrition therapy); or
2. Use the title "dietitian," "licensed dietitian,"
"licensed dietitian nutritionist," "certified dietitian," or other
title describing a substantially similar practitioner as the
Compact Commission may further define by Rule.
S. "Licensee" or "Licensed Dietitian" means an individual
who currently holds a License and who meets all of the requirements
outlined in Section 4.
T. "Licensing Authority" means the board or agency of a
State, or equivalent, that is responsible for the licensing and
regulation of the Practice of Dietetics.
U. "Member State" means a State that has enacted the
Compact.
V. "Practice of Dietetics" means the synthesis and
application of dietetics as defined by state law and regulations,
primarily for the provision of nutrition care services, including
medical nutrition therapy, in person or via telehealth, to prevent,
manage, or treat diseases or medical conditions and promote
wellness.
W. "Registered Dietitian" means a person who:
1. Has completed applicable education, experience,
examination, and recertification requirements approved by CDR;
2. Is credentialed by CDR as a registered dietitian or
a registered dietitian nutritionist; and
3. Is legally authorized to use the title registered
dietitian or registered dietitian nutritionist and the
corresponding abbreviations "RD" or "RDN."
X. "Remote State" means a Member State other than the Home
State, where a Licensee is exercising or seeking to exercise a
Compact Privilege.
Y. "Rule" means a regulation promulgated by the Compact
Commission that has the force of law.
Z. "Single State License" means a License issued by a Member
State within the issuing State and does not include a Compact
Privilege in any other Member State.
AA. "State" means any state, commonwealth, district, or
territory of the United States of America.
BB. "Unencumbered License" means a License that authorizes
a Licensee to engage in the full and unrestricted Practice of
Dietetics.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a State must currently:
1. License and regulate the Practice of Dietetics; and
2. Have a mechanism in place for receiving and
investigating complaints about Licensees.
B. A Member State shall:
1. Participate fully in the Compact Commission's Data
System, including using the unique identifier as defined in Rules;
2. Notify the Compact Commission, in compliance with
the terms of the Compact and Rules, of any Adverse Action or the
availability of Current Significant Investigative Information
regarding a Licensee;
3. Implement or utilize procedures for considering the
criminal history record information of applicants for an initial
Compact Privilege. These procedures shall include the submission
of fingerprints or other biometric-based information by applicants
for the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation and the agency
responsible for retaining that State's criminal records;
a. A Member State must fully implement a criminal
history record information requirement, within a time frame
established by Rule, which includes receiving the results of the
Federal Bureau of Investigation record search and shall use those
results in determining Compact Privilege eligibility.
b. Communication between a Member State and the
Compact Commission or among Member States regarding the
verification of eligibility for a Compact Privilege shall not
include any information received from the Federal Bureau of
Investigation relating to a federal criminal history record
information check performed by a Member State.
4. Comply with and enforce the Rules of the Compact
Commission;
5. Require an applicant for a Compact Privilege to
obtain or retain a License in the Licensee's Home State and meet the
Home State's qualifications for licensure or renewal of licensure,
as well as all other applicable State laws; and
6. Recognize a Compact Privilege granted to a Licensee
who meets all of the requirements outlined in Section 4 in
accordance with the terms of the Compact and Rules.
C. Member States may set and collect a fee for granting a
Compact Privilege.
D. Individuals not residing in a Member State shall continue
to be able to apply for a Member State's Single State License as
provided under the laws of each Member State. However, the Single
State License granted to these individuals shall not be recognized
as granting a Compact Privilege to engage in the Practice of
Dietetics in any other Member State.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
F. At no point shall the Compact Commission have the power
to define the requirements for the issuance of a Single State
License to practice dietetics. The Member States shall retain sole
jurisdiction over the provision of these requirements.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Satisfy one of the following:
a. Hold a valid current registration that gives
the applicant the right to use the term Registered Dietitian; or
b. Complete all of the following:
i. An education program which is either:
a) A master's degree or doctoral
degree that is programmatically accredited by (i) ACEND; or (ii) a
dietetics accrediting agency recognized by the United States
Department of Education, which the Compact Commission may by Rule
determine, and from a college or university accredited at the time
of graduation by the appropriate regional accrediting agency
recognized by the Council on Higher Education Accreditation and the
United States Department of Education.
b) An academic degree from a college
or university in a foreign country equivalent to the degree
described in subparagraph (a) that is programmatically accredited
by (i) ACEND; or (ii) a dietetics accrediting agency recognized by
the United States Department of Education, which the Compact
Commission may by Rule determine.
ii. A planned, documented, supervised
practice experience in dietetics that is programmatically
accredited by (i) ACEND, or (ii) a dietetics accrediting agency
recognized by the United States Department of Education which the
Compact Commission may by Rule determine and which involves at
least 1000 hours of practice experience under the supervision of a
Registered Dietitian or a Licensed Dietitian.
iii. Successful completion of either: (i)
the Registration Examination for Dietitians administered by CDR, or
(ii) a national credentialing examination for dietitians approved
by the Compact Commission by Rule; such completion being no more
than five years prior to the date of the Licensee's application for
initial licensure and accompanied by a period of continuous
licensure thereafter, all of which may be further governed by the
Rules of the Compact Commission.
2. Hold an Unencumbered License in the Home State;
3. Notify the Compact Commission that the Licensee is
seeking a Compact Privilege within a Remote State(s);
4. Pay any applicable fees, including any State fee,
for the Compact Privilege;
5. Meet any Jurisprudence Requirements established by
the Remote State(s) in which the Licensee is seeking a Compact
Privilege; and
6. Report to the Compact Commission any Adverse
Action, Encumbrance, or restriction on a License taken by any
non-Member State within 30 days from the date the action is taken.
B. The Compact Privilege is valid until the expiration date
of the Home State License. To maintain a Compact Privilege, renewal
of the Compact Privilege shall be congruent with the renewal of the
Home State License as the Compact Commission may define by Rule.
The Licensee must comply with the requirements of Section 4(A) to
maintain the Compact Privilege in the Remote State(s).
C. A Licensee exercising a Compact Privilege shall adhere to
the laws and regulations of the Remote State. Licensees shall be
responsible for educating themselves on, and complying with, any
and all State laws relating to the Practice of Dietetics in such
Remote State.
D. Notwithstanding anything to the contrary provided in
this Compact or State law, a Licensee exercising a Compact
Privilege shall not be required to complete Continuing Education
Requirements required by a Remote State. A Licensee exercising a
Compact Privilege is only required to meet any Continuing Education
Requirements as required by the Home State.
SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT
PRIVILEGE
A. A Licensee may hold a Home State License, which allows
for a Compact Privilege in other Member States, in only one Member
State at a time.
B. If a Licensee changes Home State by moving between two
Member States:
1. The Licensee shall file an application for
obtaining a new Home State License based on a Compact Privilege, pay
all applicable fees, and notify the current and new Home State in
accordance with the Rules of the Compact Commission.
2. Upon receipt of an application for obtaining a new
Home State License by virtue of a Compact Privilege, the new Home
State shall verify that the Licensee meets the criteria in Section 4
via the Data System, and require that the Licensee complete the
following:
a. Federal Bureau of Investigation fingerprint
based criminal history record information check;
b. Any other criminal history record information
required by the new Home State; and
c. Any Jurisprudence Requirements of the new Home
State.
3. The former Home State shall convert the former Home
State License into a Compact Privilege once the new Home State has
activated the new Home State License in accordance with applicable
Rules adopted by the Compact Commission.
4. Notwithstanding any other provision of this
Compact, if the Licensee cannot meet the criteria in Section 4, the
new Home State may apply its requirements for issuing a new Single
State License.
5. The Licensee shall pay all applicable fees to the
new Home State in order to be issued a new Home State License.
C. If a Licensee changes their State of residence by moving
from a Member State to a non-Member State, or from a non-Member
State to a Member State, the State criteria shall apply for issuance
of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee's
ability to hold a Single State License in multiple States; however,
for the purposes of this Compact, a Licensee shall have only one
Home State License.
E. Nothing in this Compact shall affect the requirements
established by a Member State for the issuance of a Single State
License.
SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An Active Military Member, or their spouse, shall designate a Home
State where the individual has a current License in good standing.
The individual may retain the Home State designation during the
period the service member is on active duty.
SECTION 7. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a
Remote State shall have the authority, in accordance with existing
State due process law, to:
1. Take Adverse Action against a Licensee's Compact
Privilege within that Member State; and
2. Issue subpoenas for both hearings and
investigations that require the attendance and testimony of
witnesses as well as the production of evidence. Subpoenas issued
by a Licensing Authority in a Member State for the attendance and
testimony of witnesses or the production of evidence from another
Member State shall be enforced in the latter State by any court of
competent jurisdiction, according to the practice and procedure
applicable to subpoenas issued in proceedings pending before that
court. The issuing authority shall pay any witness fees, travel
expenses, mileage, and other fees required by the service statutes
of the State in which the witnesses or evidence are located.
B. Only the Home State shall have the power to take Adverse
Action against a Licensee's Home State License.
C. For purposes of taking Adverse Action, the Home State
shall give the same priority and effect to reported conduct
received from a Member State as it would if the conduct had occurred
within the Home State. In so doing, the Home State shall apply its
own State laws to determine appropriate action.
D. The Home State shall complete any pending investigations
of a Licensee who changes Home States during the course of the
investigations. The Home State shall also have authority to take
appropriate action(s) and shall promptly report the conclusions of
the investigations to the administrator of the Data System. The
administrator of the Data System shall promptly notify the new Home
State of any Adverse Actions.
E. A Member State, if otherwise permitted by State law, may
recover from the affected Licensee the costs of investigations and
dispositions of cases resulting from any Adverse Action taken
against that Licensee.
F. A Member State may take Adverse Action based on the
factual findings of another Remote State, provided that the Member
State follows its own procedures for taking the Adverse Action.
G. Joint Investigations:
1. In addition to the authority granted to a Member
State by its respective State law, any Member State may participate
with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative,
litigation, or compliance materials in furtherance of any joint
investigation initiated under the Compact.
H. If Adverse Action is taken by the Home State against a
Licensee's Home State License resulting in an Encumbrance on the
Home State License, the Licensee's Compact Privilege(s) in all
other Member States shall be revoked until all Encumbrances have
been removed from the Home State License. All Home State
disciplinary orders that impose Adverse Action against a Licensee
shall include a statement that the Licensee's Compact Privileges
are revoked in all Member States during the pendency of the order.
I. Once an Encumbered License in the Home State is restored
to an Unencumbered License (as certified by the Home State's
Licensing Authority), the Licensee must meet the requirements of
Section 4(A) and follow the administrative requirements to reapply
to obtain a Compact Privilege in any Remote State.
J. If a Member State takes Adverse Action, it shall promptly
notify the administrator of the Data System. The administrator of
the Data System shall promptly notify the other Member States State
of any Adverse Actions.
K. Nothing in this Compact shall override a Member State's
decision that participation in an Alternative Program may be used
in lieu of Adverse Action.
SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a
joint government agency whose membership consists of all Member
States that have enacted the Compact known as the Dietitian
Licensure Compact Commission. The Compact Commission is an
instrumentality of the Compact States acting jointly and not an
instrumentality of any one State. The Compact Commission shall
come into existence on or after the effective date of the Compact as
set forth in Section 12.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one
(1) delegate selected by that Member State's Licensing Authority.
2. The delegate shall be the primary administrator of
the Licensing Authority or their designee.
3. The Compact Commission shall by Rule or bylaw
establish a term of office for delegates and may by Rule or bylaw
establish term limits.
4. The Compact Commission may recommend removal or
suspension of any delegate from office.
5. A Member State's Licensing Authority shall fill any
vacancy of its delegate occurring on the Compact Commission within
60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all
matters before the Compact Commission requiring a vote by the
delegates.
7. Delegates shall meet and vote by such means as set
forth in the bylaws. The bylaws may provide for delegates to meet
and vote in-person or by telecommunication, video conference, or
other means of communication.
8. The Compact Commission shall meet at least once
during each calendar year. Additional meetings may be held as set
forth in the bylaws. The Compact Commission may meet in person or
by telecommunication, video conference, or other means of
communication.
C. The Compact Commission shall have the following powers:
1. Establish the fiscal year of the Compact
Commission;
2. Establish code of conduct and conflict of interest
policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with
the bylaws;
5. Meet and take such actions as are consistent with
the provisions of this Compact, the Compact Commission's Rules, and
the bylaws;
6. Initiate and conclude legal proceedings or actions
in the name of the Compact Commission, provided that the standing of
any Licensing Authority to sue or be sued under applicable law shall
not be affected;
7. Maintain and certify records and information
provided to a Member State as the authenticated business records of
the Compact Commission, and designate an agent to do so on the
Compact Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a Member
State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the Compact, and establish
the Compact Commission's personnel policies and programs relating
to conflicts of interest, qualifications of personnel, and other
related personnel matters;
12. Assess and collect fees;
13. Accept any and all appropriate donations, grants
of money, other sources of revenue, equipment, supplies, materials,
services, and gifts, and receive, utilize, and dispose of the same;
provided that at all times the Compact Commission shall avoid any
actual or appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or
use any property, real, personal, or mixed, or any undivided
interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal, or
mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing
committees, composed of members, State regulators, State
legislators or their representatives, and consumer
representatives, and such other interested persons as may be
designated in this Compact or the bylaws;
19. Provide and receive information from, and
cooperate with, law enforcement agencies;
20. Establish and elect an Executive Committee,
including a chair and a vice chair;
21. Determine whether a State's adopted language is
materially different from the model compact language such that the
State would not qualify for participation in the Compact; and
22. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act
on behalf of the Compact Commission according to the terms of this
Compact. The powers, duties, and responsibilities of the Executive
Committee shall include:
a. Oversee the day-to-day activities of the
administration of the Compact including enforcement and compliance
with the provisions of the Compact, its Rules and bylaws, and other
such duties as deemed necessary;
b. Recommend to the Compact Commission changes to
the Rules or bylaws, changes to this Compact legislation, fees
charged to Compact Member States, fees charged to Licensees, and
other fees;
c. Ensure Compact administration services are
appropriately provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the
Compact Commission;
f. Monitor Compact compliance of Member States
and provide compliance reports to the Compact Commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the Compact
Commission during the interim between Compact Commission meetings,
except for adopting or amending Rules, adopting or amending bylaws,
and exercising any other powers and duties expressly reserved to
the Compact Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or
bylaws of the Compact Commission.
2. The Executive Committee shall be composed of nine
members:
a. The chair and vice chair of the Compact
Commission shall be voting members of the Executive Committee;
b. Five voting members from the current
membership of the Compact Commission, elected by the Compact
Commission;
c. One ex-officio, nonvoting member from a
recognized professional association representing dietitians; and
d. One ex-officio, nonvoting member from a
recognized national credentialing organization for dietitians.
3. The Compact Commission may remove any member of the
Executive Committee as provided in the Compact Commission's bylaws.
4. The Executive Committee shall meet at least
annually.
a. Executive Committee meetings shall be open to
the public, except that the Executive Committee may meet in a
closed, non-public meeting as provided in subsection (F)(2).
b. The Executive Committee shall give 30 days'
notice of its meetings, posted on the website of the Compact
Commission and as determined to provide notice to persons with an
interest in the business of the Compact Commission.
c. The Executive Committee may hold a special
meeting in accordance with subsection (F)(1)(b).
E. The Compact Commission shall adopt and provide to the
Member States an annual report.
F. Meetings of the Compact Commission
1. All meetings shall be open to the public, except
that the Compact Commission may meet in a closed, non-public
meeting as provided in subsection (F)(2).
a. Public notice for all meetings of the full
Compact Commission shall be given in the same manner as required
under the rulemaking provisions in Section 10, except that the
Compact Commission may hold a special meeting as provided in
subsection (F)(1)(b).
b. The Compact Commission may hold a special
meeting when it must meet to conduct emergency business by giving 24
hours' notice to all Member States, on the Compact Commission's
website, and other means as provided in the Compact Commission's
Rules. The Compact Commission's legal counsel shall certify that
the Compact Commission's need to meet qualifies as an emergency.
2. The Compact Commission or the Executive Committee
or other committees of the Compact Commission may convene in a
closed, non-public meeting for the Compact Commission or Executive
Committee or other committees of the Compact Commission to receive
legal advice or to discuss:
a. Non-compliance of a Member State with its
obligations under the Compact;
b. The employment, compensation, discipline, or
other matters, practices, or procedures related to specific
employees;
c. Current or threatened discipline of a Licensee
by the Compact Commission or by a Member State's Licensing
Authority;
d. Current, threatened, or reasonably
anticipated litigation;
e. Negotiation of contracts for the purchase,
lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally
censuring any person;
g. Trade secrets or commercial or financial
information that is privileged or confidential;
h. Information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
i. Investigative records compiled for law
enforcement purposes;
j. Information related to any investigative
reports prepared by or on behalf of or for use of the Compact
Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the
Compact;
k. Matters specifically exempted from disclosure
by federal or Member State law; or
l. Other matters as specified in the Rules of the
Compact Commission.
3. If a meeting, or portion of a meeting, is closed,
the presiding officer shall state that the meeting will be closed
and reference each relevant exempting provision, and such reference
shall be recorded in the minutes.
4. The Compact Commission shall keep minutes that
fully and clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed.
All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release only by a
majority vote of the Compact Commission or order of a court of
competent jurisdiction.
G. Financing of the Compact Commission
1. The Compact Commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Compact Commission may accept any and all
appropriate revenue sources as provided in subsection (C)(13).
3. The Compact Commission may levy on and collect an
annual assessment from each Member State and impose fees on
Licensees of Member States to whom it grants a Compact Privilege to
cover the cost of the operations and activities of the Compact
Commission and its staff, which must, in a total amount, be
sufficient to cover its annual budget as approved each year for
which revenue is not provided by other sources. The aggregate
annual assessment amount for Member States shall be allocated based
upon a formula that the Compact Commission shall promulgate by
Rule.
4. The Compact Commission shall not incur obligations
of any kind prior to securing the funds adequate to meet the same;
nor shall the Compact Commission pledge the credit of any of the
Member States, except by and with the authority of the Member State.
5. The Compact Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements
of the Compact Commission shall be subject to the financial review
and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Compact
Commission shall be subject to an annual financial review by a
certified or licensed public accountant, and the report of the
financial review shall be included in and become part of the annual
report of the Compact Commission.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director,
employees and representatives of the Compact Commission shall be
immune from suit and liability, both personally and in their
official capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused by or arising out
of any actual or alleged act, error, or omission that occurred, or
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Compact Commission
employment, duties, or responsibilities; provided that nothing in
this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury, or liability caused
by the intentional or willful or wanton misconduct of that person.
The procurement of insurance of any type by the Compact Commission
shall not in any way compromise or limit the immunity granted
hereunder.
2. The Compact Commission shall defend any member,
officer, executive director, employee, and representative of the
Compact Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that
occurred within the scope of Compact Commission employment, duties,
or responsibilities, or as determined by the Compact Commission
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of Compact Commission
employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining
their own counsel at their own expense; and provided further, that
the actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
3. The Compact Commission shall indemnify and hold
harmless any member, officer, executive director, employee, and
representative of the Compact Commission for the amount of any
settlement or judgment obtained against that person arising out of
any actual or alleged act, error, or omission that occurred within
the scope of Compact Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of Compact Commission
employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the
intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation
on the liability of any Licensee for professional malpractice or
misconduct, which shall be governed solely by any other applicable
State laws.
5. Nothing in this Compact shall be interpreted to
waive or otherwise abrogate a Member State's state action immunity
or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other State or
federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity by the Member States or by the Compact
Commission.
SECTION 9. DATA SYSTEM
A. The Compact Commission shall provide for the
development, maintenance, operation, and utilization of a
coordinated Data System.
B. The Compact Commission shall assign each applicant for a
Compact Privilege a unique identifier, as determined by the Rules.
C. Notwithstanding any other provision of State law to the
contrary, a Member State shall submit a uniform data set to the Data
System on all individuals to whom this Compact is applicable as
required by the Rules of the Compact Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact
Privilege and information related thereto;
4. Non-confidential information related to
Alternative Program participation, the beginning and ending dates
of such participation, and other information related to such
participation not made confidential under Member State law;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. The presence of Current Significant Investigative
Information; and
7. Other information that may facilitate the
administration of this Compact or the protection of the public, as
determined by the Rules of the Compact Commission.
D. The records and information provided to a Member State
pursuant to this Compact or through the Data System, when certified
by the Compact Commission or an agent thereof, shall constitute the
authenticated business records of the Compact Commission, and shall
be entitled to any associated hearsay exception in any relevant
judicial, quasi-judicial, or administrative proceedings in a
Member State.
E. Current Significant Investigative Information
pertaining to a Licensee in any Member State will only be available
to other Member States.
F. It is the responsibility of the Member States to report
any Adverse Action against a Licensee and to monitor the Data System
to determine whether any Adverse Action has been taken against a
Licensee. Adverse Action information pertaining to a Licensee in
any Member State will be available to any other Member State.
G. Member States contributing information to the Data
System may designate information that may not be shared with the
public without the express permission of the contributing State.
H. Any information submitted to the Data System that is
subsequently expunged pursuant to federal law or the laws of the
Member State contributing the information shall be removed from the
Data System.
SECTION 10. RULEMAKING
A. The Compact Commission shall promulgate reasonable Rules
in order to effectively and efficiently implement and administer
the purposes and provisions of the Compact. A Rule shall be invalid
and have no force or effect only if a court of competent
jurisdiction holds that the Rule is invalid because the Compact
Commission exercised its rulemaking authority in a manner that is
beyond the scope and purposes of the Compact, or the powers granted
hereunder, or based upon another applicable standard of review.
B. The Rules of the Compact Commission shall have the force
of law in each Member State, provided however that where the Rules
conflict with the laws or regulations of a Member State that relate
to the procedures, actions, and processes a Licensed Dietitian is
permitted to undertake in that State and the circumstances under
which they may do so, as held by a court of competent jurisdiction,
the Rules of the Compact Commission shall be ineffective in that
State to the extent of the conflict.
C. The Compact Commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this Section and the
Rules adopted thereunder. Rules shall become binding on the day
following adoption or as of the date specified in the Rule or
amendment, whichever is later.
D. If a majority of the legislatures of the Member States
rejects a Rule or portion of a Rule, by enactment of a statute or
resolution in the same manner used to adopt the Compact within four
(4) years of the date of adoption of the Rule, then such Rule shall
have no further force and effect in any Member State.
E. Rules shall be adopted at a regular or special meeting of
the Compact Commission.
F. Prior to adoption of a proposed Rule, the Compact
Commission shall hold a public hearing and allow persons to provide
oral and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Compact
Commission, and at least thirty (30) days in advance of the meeting
at which the Compact Commission will hold a public hearing on the
proposed Rule, the Compact Commission shall provide a Notice of
Proposed rulemaking:
1. On the website of the Compact Commission or other
publicly accessible platform;
2. To persons who have requested notice of the Compact
Commission's notices of proposed rulemaking; and
3. In such other way(s) as the Compact Commission may
by Rule specify.
H. The Notice of Proposed rulemaking shall include:
1. The time, date, and location of the public hearing
at which the Compact Commission will hear public comments on the
proposed Rule and, if different, the time, date, and location of the
meeting where the Compact Commission will consider and vote on the
proposed Rule;
2. If the hearing is held via telecommunication, video
conference, or other means of communication, the Compact Commission
shall include the mechanism for access to the hearing in the Notice
of Proposed rulemaking;
3. The text of the proposed Rule and the reason
therefore;
4. A request for comments on the proposed Rule from any
interested person; and
5. The manner in which interested persons may submit
written comments.
I. All hearings will be recorded. A copy of the recording
and all written comments and documents received by the Compact
Commission in response to the proposed Rule shall be available to
the public.
J. Nothing in this Section shall be construed as requiring a
separate hearing on each Rule. Rules may be grouped for the
convenience of the Compact Commission at hearings required by this
Section.
K. The Compact Commission shall, by majority vote of all
members, take final action on the proposed Rule based on the
rulemaking record and the full text of the Rule.
1. The Compact Commission may adopt changes to the
proposed Rule provided the changes do not enlarge the original
purpose of the proposed Rule.
2. The Compact Commission shall provide an explanation
of the reasons for substantive changes made to the proposed Rule as
well as reasons for substantive changes not made that were
recommended by commenters.
3. The Compact Commission shall determine a reasonable
effective date for the Rule. Except for an emergency as provided in
Section 10(L), the effective date of the Rule shall be no sooner
than 30 days after issuing the notice that it adopted or amended the
Rule.
L. Upon determination that an emergency exists, the Compact
Commission may consider and adopt an emergency Rule with 24 hours'
notice, with opportunity to comment, provided that the usual
rulemaking procedures provided in the Compact and in this Section
shall be retroactively applied to the Rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the Rule. For the purposes of this provision, an
emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of Compact Commission or Member
State funds;
3. Meet a deadline for the promulgation of a Rule that
is established by federal law or rule; or
4. Protect public health and safety.
M. The Compact Commission or an authorized committee of the
Compact Commission may direct revision to a previously adopted Rule
for purposes of correcting typographical errors, errors in format,
errors in consistency, or grammatical errors. Public notice of any
revision shall be posted on the website of the Compact Commission.
The revision shall be subject to challenge by any person for a
period of thirty (30) days after posting. The revision may be
challenged only on grounds that the revision results in a material
change to a Rule. A challenge shall be made in writing and delivered
to the Compact Commission prior to the end of the notice period. If
no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take
effect without the approval of the Compact Commission.
N. No Member State's rulemaking requirements shall apply
under this Compact.
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State
government in each Member State shall enforce this Compact and take
all actions necessary and appropriate to implement this Compact.
2. Except as otherwise provided in this Compact, venue
is proper and judicial proceedings by or against the Compact
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Compact
Commission is located. The Compact Commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in
any action against a Licensee for professional malpractice,
misconduct, or any such similar matter.
3. The Compact Commission shall be entitled to receive
service of process in any proceeding regarding the enforcement or
interpretation of the Compact and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide the
Compact Commission service of process shall render a judgment or
order void as to the Compact Commission, this Compact, or
promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Compact Commission determines that a Member
State has defaulted in the performance of its obligations or
responsibilities under this Compact or the promulgated Rules, the
Compact Commission shall provide written notice to the defaulting
State. The notice of default shall describe the default, the
proposed means of curing the default, and any other action that the
Compact Commission may take and shall offer training and specific
technical assistance regarding the default.
2. The Compact Commission shall provide a copy of the
notice of default to the other Member States.
C. If a State in default fails to cure the default, the
defaulting State may be terminated from the Compact upon an
affirmative vote of a majority of the delegates of the Member
States, and all rights, privileges, and benefits conferred on that
State by this Compact may be terminated on the effective date of
termination. A cure of the default does not relieve the offending
State of obligations or liabilities incurred during the period of
default.
D. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the Compact Commission to the governor, the majority and
minority leaders of the defaulting State's legislature, the
defaulting State's Licensing Authority, and each of the Member
States' Licensing Authority.
E. A State that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
F. Upon the termination of a State's membership from this
Compact, that State shall immediately provide notice to all
Licensees within that State of such termination. The terminated
State shall continue to recognize all Compact Privileges granted
pursuant to this Compact for a minimum of six months after the date
of said notice of termination.
G. The Compact Commission shall not bear any costs related
to a State that is found to be in default or that has been terminated
from the Compact, unless agreed upon in writing between the Compact
Commission and the defaulting State.
H. The defaulting State may appeal the action of the Compact
Commission by petitioning the U.S. District Court for the District
of Columbia or the federal district where the Compact Commission
has its principal offices. The prevailing party shall be awarded
all costs of such litigation, including reasonable attorney's fees.
I. Dispute Resolution
1. Upon request by a Member State, the Compact
Commission shall attempt to resolve disputes related to the Compact
that arise among Member States and between Member and non-Member
States.
2. The Compact Commission shall promulgate a Rule
providing for both mediation and binding dispute resolution for
disputes as appropriate.
J. Enforcement
1. By supermajority vote, the Compact Commission may
initiate legal action against a Member State in default in the
United States District Court for the District of Columbia or the
federal district where the Compact Commission has its principal
offices to enforce compliance with the provisions of the Compact
and its promulgated Rules. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees. The remedies
herein shall not be the exclusive remedies of the Compact
Commission. The Compact Commission may pursue any other remedies
available under federal or the defaulting Member State's law.
2. A Member State may initiate legal action against
the Compact Commission in the U.S. District Court for the District
of Columbia or the federal district where the Compact Commission
has its principal offices to enforce compliance with the provisions
of the Compact and its promulgated Rules. The relief sought may
include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
3. No party other than a Member State shall enforce
this Compact against the Compact Commission.
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which
the Compact statute is enacted into law in the seventh Member State.
1. On or after the effective date of the Compact, the
Compact Commission shall convene and review the enactment of each
of the first seven Member States ("Charter Member States") to
determine if the statute enacted by each such Charter Member State
is materially different than the model Compact statute.
a. A Charter Member State whose enactment is
found to be materially different from the model Compact statute
shall be entitled to the default process set forth in Section 11.
b. If any Member State is later found to be in
default, or is terminated, or withdraws from the Compact, the
Compact Commission shall remain in existence and the Compact shall
remain in effect even if the number of Member States should be less
than seven.
2. Member States enacting the Compact subsequent to
the seven initial Charter Member States shall be subject to the
process set forth in Section 8(C)(21) to determine if their
enactments are materially different from the model Compact statute
and whether they qualify for participation in the Compact.
3. All actions taken for the benefit of the Compact
Commission or in furtherance of the purposes of the administration
of the Compact prior to the effective date of the Compact or the
Compact Commission coming into existence shall be considered to be
actions of the Compact Commission unless specifically repudiated by
the Compact Commission.
4. Any State that joins the Compact subsequent to the
Compact Commission's initial adoption of the Rules and bylaws shall
be subject to the Rules and bylaws as they exist on the date on which
the Compact becomes law in that State. Any Rule that has been
previously adopted by the Compact Commission shall have the full
force and effect of law on the day the Compact becomes law in that
State.
B. Any Member State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect
until 180 days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Licensing Authority to
comply with the investigative and Adverse Action reporting
requirements of this Compact prior to the effective date of
withdrawal.
3. Upon the enactment of a statute withdrawing from
this Compact, a State shall immediately provide notice of such
withdrawal to all Licensees within that State. Notwithstanding any
subsequent statutory enactment to the contrary, such withdrawing
State shall continue to recognize all Compact Privileges granted
pursuant to this Compact for a minimum of 180 days after the date of
such notice of withdrawal.
C. Nothing contained in this Compact shall be construed to
invalidate or prevent any licensure agreement or other cooperative
arrangement between a Member State and a non-Member State that does
not conflict with the provisions of this Compact.
D. This Compact may be amended by the Member States. No
amendment to this Compact shall become effective and binding upon
any Member State until it is enacted into the laws of all Member
States.
SECTION 13. CONSTRUCTION AND SEVERABILITY
A. This Compact and the Compact Commission's rulemaking
authority shall be liberally construed so as to effectuate the
purposes and the implementation and administration of the Compact.
Provisions of the Compact expressly authorizing or requiring the
promulgation of Rules shall not be construed to limit the Compact
Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if
any phrase, clause, sentence, or provision of this Compact is held
by a court of competent jurisdiction to be contrary to the
constitution of any Member State, a State seeking participation in
the Compact, or of the United States, or the applicability thereof
to any government, agency, person, or circumstance is held to be
unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this Compact and the applicability thereof to
any other government, agency, person, or circumstance shall not be
affected thereby.
C. Notwithstanding Section 13(B), the Compact Commission
may deny a State's participation in the Compact or, in accordance
with the requirements of Section 11(B), terminate a Member State's
participation in the Compact, if it determines that a
constitutional requirement of a Member State is a material
departure from the Compact. Otherwise, if this Compact shall be
held to be contrary to the constitution of any Member State, the
Compact shall remain in full force and effect as to the remaining
Member States and in full force and effect as to the Member State
affected as to all severable matters.
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement
of any other law of a Member State that is not inconsistent with the
Compact.
B. Any laws, statutes, regulations, or other legal
requirements in a Member State in conflict with the Compact are
superseded to the extent of the conflict.
C. All permissible agreements between the Compact
Commission and the Member States are binding in accordance with
their terms.
Sec. 701.452. ADMINISTRATION OF COMPACT. The department is
the Dietitian Licensure Compact administrator for this state.
Sec. 701.453. RULES. The commission may adopt rules as
necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2025.