Texas 2025 - 89th Regular

Texas House Bill HB4465 Compare Versions

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1	1	89R15303 DNC-D
2	2	By: Isaac H.B. No. 4465
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the dietitian licensure compact; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 701, Occupations Code, is amended by
12	12	adding Subchapter J to read as follows:
13	13	SUBCHAPTER J. DIETITIAN LICENSURE COMPACT
14	14	Sec. 701.451. DIETITIAN LICENSURE COMPACT. The Dietitian
15	15	Licensure Compact is enacted and entered into with all other
16	16	jurisdictions that legally join in the compact, which reads as
17	17	follows:
18	18	DIETITIAN LICENSURE COMPACT
19	19	SECTION 1: PURPOSE
20	20	The purpose of this Compact is to facilitate interstate Practice of
21	21	Dietetics with the goal of improving public access to dietetics
22	22	services. This Compact preserves the regulatory authority of
23	23	States to protect public health and safety through the current
24	24	system of State licensure, while also providing for licensure
25	25	portability through a Compact Privilege granted to qualifying
26	26	professionals.
27	27	This Compact is designed to achieve the following objectives:
28	28	A. Increase public access to dietetics services;
29	29	B. Provide opportunities for interstate practice by
30	30	Licensed Dietitians who meet uniform requirements;
31	31	C. Eliminate the necessity for Licenses in multiple States;
32	32	D. Reduce administrative burden on Member States and
33	33	Licensees;
34	34	E. Enhance the States' ability to protect the public's
35	35	health and safety;
36	36	F. Encourage the cooperation of Member States in regulating
37	37	multistate practice of Licensed Dietitians;
38	38	G. Support relocating Active Military Members and their
39	39	spouses;
40	40	H. Enhance the exchange of licensure, investigative, and
41	41	disciplinary information among Member States; and
42	42	I. Vest all Member States with the authority to hold a
43	43	Licensed Dietitian accountable for meeting all State practice laws
44	44	in the State in which the patient is located at the time care is
45	45	rendered.
46	46	SECTION 2. DEFINITIONS
47	47	As used in this Compact, and except as otherwise provided, the
48	48	following definitions shall apply:
49	49	A. "ACEND" means the Accreditation Council for Education in
50	50	Nutrition and Dietetics or its successor organization.
51	51	B. "Active Military Member" means any individual with
52	52	full-time duty status in the active armed forces of the United
53	53	States, including members of the National Guard and Reserve.
54	54	C. "Adverse Action" means any administrative, civil,
55	55	equitable or criminal action permitted by a State's laws which is
56	56	imposed by a Licensing Authority or other authority against a
57	57	Licensee, including actions against an individual's License or
58	58	Compact Privilege such as revocation, suspension, probation,
59	59	monitoring of the Licensee, limitation on the Licensee's practice,
60	60	or any other Encumbrance on licensure affecting a Licensee's
61	61	authorization to practice, including issuance of a cease and desist
62	62	action.
63	63	D. "Alternative Program" means a non-disciplinary
64	64	monitoring or practice remediation process approved by a Licensing
65	65	Authority.
66	66	E. "Charter Member State" means any Member State which
67	67	enacted this Compact by law before the Effective Date specified in
68	68	Section 12.
69	69	F. "Continuing Education" means a requirement, as a
70	70	condition of License renewal, to provide evidence of participation
71	71	in, and completion of, educational and professional activities
72	72	relevant to practice or area of work.
73	73	G. "CDR" means the Commission on Dietetic Registration or
74	74	its successor organization.
75	75	H. "Compact Commission" means the government agency whose
76	76	membership consists of all States that have enacted this Compact,
77	77	which is known as the Dietitian Licensure Compact Commission, as
78	78	described in Section 8, and which shall operate as an
79	79	instrumentality of the Member States.
80	80	I. "Compact Privilege" means a legal authorization, which
81	81	is equivalent to a License, permitting the Practice of Dietetics in
82	82	a Remote State.
83	83	J. "Current Significant Investigative Information" means:
84	84	1. Investigative Information that a Licensing
85	85	Authority, after a preliminary inquiry that includes notification
86	86	and an opportunity for the subject Licensee to respond, if required
87	87	by State law, has reason to believe is not groundless and, if proved
88	88	true, would indicate more than a minor infraction; or
89	89	2. Investigative Information that indicates that the
90	90	subject Licensee represents an immediate threat to public health
91	91	and safety regardless of whether the subject Licensee has been
92	92	notified and had an opportunity to respond.
93	93	K. "Data System" means a repository of information about
94	94	Licensees, including, but not limited to, Continuing Education,
95	95	examination, licensure, investigative, Compact Privilege and
96	96	Adverse Action information.
97	97	L. "Encumbered License" means a License in which an Adverse
98	98	Action restricts a Licensee's ability to practice dietetics.
99	99	M. "Encumbrance" means a revocation or suspension of, or any
100	100	limitation on a Licensee's full and unrestricted Practice of
101	101	Dietetics by a Licensing Authority.
102	102	N. "Executive Committee" means a group of delegates elected
103	103	or appointed to act on behalf of, and within the powers granted to
104	104	them by, this Compact, and the Compact Commission.
105	105	O. "Home State" means the Member State that is the
106	106	Licensee's primary State of residence or that has been designated
107	107	pursuant to Section 6.
108	108	P. "Investigative Information" means information, records,
109	109	and documents received or generated by a Licensing Authority
110	110	pursuant to an investigation.
111	111	Q. "Jurisprudence Requirement" means an assessment of an
112	112	individual's knowledge of the State laws and regulations governing
113	113	the Practice of Dietetics in such State.
114	114	R. "License" means an authorization from a Member State to
115	115	either:
116	116	1. Engage in the Practice of Dietetics (including
117	117	medical nutrition therapy); or
118	118	2. Use the title "dietitian," "licensed dietitian,"
119	119	"licensed dietitian nutritionist," "certified dietitian," or other
120	120	title describing a substantially similar practitioner as the
121	121	Compact Commission may further define by Rule.
122	122	S. "Licensee" or "Licensed Dietitian" means an individual
123	123	who currently holds a License and who meets all of the requirements
124	124	outlined in Section 4.
125	125	T. "Licensing Authority" means the board or agency of a
126	126	State, or equivalent, that is responsible for the licensing and
127	127	regulation of the Practice of Dietetics.
128	128	U. "Member State" means a State that has enacted the
129	129	Compact.
130	130	V. "Practice of Dietetics" means the synthesis and
131	131	application of dietetics as defined by state law and regulations,
132	132	primarily for the provision of nutrition care services, including
133	133	medical nutrition therapy, in person or via telehealth, to prevent,
134	134	manage, or treat diseases or medical conditions and promote
135	135	wellness.
136	136	W. "Registered Dietitian" means a person who:
137	137	1. Has completed applicable education, experience,
138	138	examination, and recertification requirements approved by CDR;
139	139	2. Is credentialed by CDR as a registered dietitian or
140	140	a registered dietitian nutritionist; and
141	141	3. Is legally authorized to use the title registered
142	142	dietitian or registered dietitian nutritionist and the
143	143	corresponding abbreviations "RD" or "RDN."
144	144	X. "Remote State" means a Member State other than the Home
145	145	State, where a Licensee is exercising or seeking to exercise a
146	146	Compact Privilege.
147	147	Y. "Rule" means a regulation promulgated by the Compact
148	148	Commission that has the force of law.
149	149	Z. "Single State License" means a License issued by a Member
150	150	State within the issuing State and does not include a Compact
151	151	Privilege in any other Member State.
152	152	AA. "State" means any state, commonwealth, district, or
153	153	territory of the United States of America.
154	154	BB. "Unencumbered License" means a License that authorizes
155	155	a Licensee to engage in the full and unrestricted Practice of
156	156	Dietetics.
157	157	SECTION 3. STATE PARTICIPATION IN THE COMPACT
158	158	A. To participate in the Compact, a State must currently:
159	159	1. License and regulate the Practice of Dietetics; and
160	160	2. Have a mechanism in place for receiving and
161	161	investigating complaints about Licensees.
162	162	B. A Member State shall:
163	163	1. Participate fully in the Compact Commission's Data
164	164	System, including using the unique identifier as defined in Rules;
165	165	2. Notify the Compact Commission, in compliance with
166	166	the terms of the Compact and Rules, of any Adverse Action or the
167	167	availability of Current Significant Investigative Information
168	168	regarding a Licensee;
169	169	3. Implement or utilize procedures for considering the
170	170	criminal history record information of applicants for an initial
171	171	Compact Privilege. These procedures shall include the submission
172	172	of fingerprints or other biometric-based information by applicants
173	173	for the purpose of obtaining an applicant's criminal history record
174	174	information from the Federal Bureau of Investigation and the agency
175	175	responsible for retaining that State's criminal records;
176	176	a. A Member State must fully implement a criminal
177	177	history record information requirement, within a time frame
178	178	established by Rule, which includes receiving the results of the
179	179	Federal Bureau of Investigation record search and shall use those
180	180	results in determining Compact Privilege eligibility.
181	181	b. Communication between a Member State and the
182	182	Compact Commission or among Member States regarding the
183	183	verification of eligibility for a Compact Privilege shall not
184	184	include any information received from the Federal Bureau of
185	185	Investigation relating to a federal criminal history record
186	186	information check performed by a Member State.
187	187	4. Comply with and enforce the Rules of the Compact
188	188	Commission;
189	189	5. Require an applicant for a Compact Privilege to
190	190	obtain or retain a License in the Licensee's Home State and meet the
191	191	Home State's qualifications for licensure or renewal of licensure,
192	192	as well as all other applicable State laws; and
193	193	6. Recognize a Compact Privilege granted to a Licensee
194	194	who meets all of the requirements outlined in Section 4 in
195	195	accordance with the terms of the Compact and Rules.
196	196	C. Member States may set and collect a fee for granting a
197	197	Compact Privilege.
198	198	D. Individuals not residing in a Member State shall continue
199	199	to be able to apply for a Member State's Single State License as
200	200	provided under the laws of each Member State. However, the Single
201	201	State License granted to these individuals shall not be recognized
202	202	as granting a Compact Privilege to engage in the Practice of
203	203	Dietetics in any other Member State.
204	204	E. Nothing in this Compact shall affect the requirements
205	205	established by a Member State for the issuance of a Single State
206	206	License.
207	207	F. At no point shall the Compact Commission have the power
208	208	to define the requirements for the issuance of a Single State
209	209	License to practice dietetics. The Member States shall retain sole
210	210	jurisdiction over the provision of these requirements.
211	211	SECTION 4. COMPACT PRIVILEGE
212	212	A. To exercise the Compact Privilege under the terms and
213	213	provisions of the Compact, the Licensee shall:
214	214	1. Satisfy one of the following:
215	215	a. Hold a valid current registration that gives
216	216	the applicant the right to use the term Registered Dietitian; or
217	217	b. Complete all of the following:
218	218	i. An education program which is either:
219	219	a) A master's degree or doctoral
220	220	degree that is programmatically accredited by (i) ACEND; or (ii) a
221	221	dietetics accrediting agency recognized by the United States
222	222	Department of Education, which the Compact Commission may by Rule
223	223	determine, and from a college or university accredited at the time
224	224	of graduation by the appropriate regional accrediting agency
225	225	recognized by the Council on Higher Education Accreditation and the
226	226	United States Department of Education.
227	227	b) An academic degree from a college
228	228	or university in a foreign country equivalent to the degree
229	229	described in subparagraph (a) that is programmatically accredited
230	230	by (i) ACEND; or (ii) a dietetics accrediting agency recognized by
231	231	the United States Department of Education, which the Compact
232	232	Commission may by Rule determine.
233	233	ii. A planned, documented, supervised
234	234	practice experience in dietetics that is programmatically
235	235	accredited by (i) ACEND, or (ii) a dietetics accrediting agency
236	236	recognized by the United States Department of Education which the
237	237	Compact Commission may by Rule determine and which involves at
238	238	least 1000 hours of practice experience under the supervision of a
239	239	Registered Dietitian or a Licensed Dietitian.
240	240	iii. Successful completion of either: (i)
241	241	the Registration Examination for Dietitians administered by CDR, or
242	242	(ii) a national credentialing examination for dietitians approved
243	243	by the Compact Commission by Rule; such completion being no more
244	244	than five years prior to the date of the Licensee's application for
245	245	initial licensure and accompanied by a period of continuous
246	246	licensure thereafter, all of which may be further governed by the
247	247	Rules of the Compact Commission.
248	248	2. Hold an Unencumbered License in the Home State;
249	249	3. Notify the Compact Commission that the Licensee is
250	250	seeking a Compact Privilege within a Remote State(s);
251	251	4. Pay any applicable fees, including any State fee,
252	252	for the Compact Privilege;
253	253	5. Meet any Jurisprudence Requirements established by
254	254	the Remote State(s) in which the Licensee is seeking a Compact
255	255	Privilege; and
256	256	6. Report to the Compact Commission any Adverse
257	257	Action, Encumbrance, or restriction on a License taken by any
258	258	non-Member State within 30 days from the date the action is taken.
259	259	B. The Compact Privilege is valid until the expiration date
260	260	of the Home State License. To maintain a Compact Privilege, renewal
261	261	of the Compact Privilege shall be congruent with the renewal of the
262	262	Home State License as the Compact Commission may define by Rule.
263	263	The Licensee must comply with the requirements of Section 4(A) to
264	264	maintain the Compact Privilege in the Remote State(s).
265	265	C. A Licensee exercising a Compact Privilege shall adhere to
266	266	the laws and regulations of the Remote State. Licensees shall be
267	267	responsible for educating themselves on, and complying with, any
268	268	and all State laws relating to the Practice of Dietetics in such
269	269	Remote State.
270	270	D. Notwithstanding anything to the contrary provided in
271	271	this Compact or State law, a Licensee exercising a Compact
272	272	Privilege shall not be required to complete Continuing Education
273	273	Requirements required by a Remote State. A Licensee exercising a
274	274	Compact Privilege is only required to meet any Continuing Education
275	275	Requirements as required by the Home State.
276	276	SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT
277	277	PRIVILEGE
278	278	A. A Licensee may hold a Home State License, which allows
279	279	for a Compact Privilege in other Member States, in only one Member
280	280	State at a time.
281	281	B. If a Licensee changes Home State by moving between two
282	282	Member States:
283	283	1. The Licensee shall file an application for
284	284	obtaining a new Home State License based on a Compact Privilege, pay
285	285	all applicable fees, and notify the current and new Home State in
286	286	accordance with the Rules of the Compact Commission.
287	287	2. Upon receipt of an application for obtaining a new
288	288	Home State License by virtue of a Compact Privilege, the new Home
289	289	State shall verify that the Licensee meets the criteria in Section 4
290	290	via the Data System, and require that the Licensee complete the
291	291	following:
292	292	a. Federal Bureau of Investigation fingerprint
293	293	based criminal history record information check;
294	294	b. Any other criminal history record information
295	295	required by the new Home State; and
296	296	c. Any Jurisprudence Requirements of the new Home
297	297	State.
298	298	3. The former Home State shall convert the former Home
299	299	State License into a Compact Privilege once the new Home State has
300	300	activated the new Home State License in accordance with applicable
301	301	Rules adopted by the Compact Commission.
302	302	4. Notwithstanding any other provision of this
303	303	Compact, if the Licensee cannot meet the criteria in Section 4, the
304	304	new Home State may apply its requirements for issuing a new Single
305	305	State License.
306	306	5. The Licensee shall pay all applicable fees to the
307	307	new Home State in order to be issued a new Home State License.
308	308	C. If a Licensee changes their State of residence by moving
309	309	from a Member State to a non-Member State, or from a non-Member
310	310	State to a Member State, the State criteria shall apply for issuance
311	311	of a Single State License in the new State.
312	312	D. Nothing in this Compact shall interfere with a Licensee's
313	313	ability to hold a Single State License in multiple States; however,
314	314	for the purposes of this Compact, a Licensee shall have only one
315	315	Home State License.
316	316	E. Nothing in this Compact shall affect the requirements
317	317	established by a Member State for the issuance of a Single State
318	318	License.
319	319	SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
320	320	An Active Military Member, or their spouse, shall designate a Home
321	321	State where the individual has a current License in good standing.
322	322	The individual may retain the Home State designation during the
323	323	period the service member is on active duty.
324	324	SECTION 7. ADVERSE ACTIONS
325	325	A. In addition to the other powers conferred by State law, a
326	326	Remote State shall have the authority, in accordance with existing
327	327	State due process law, to:
328	328	1. Take Adverse Action against a Licensee's Compact
329	329	Privilege within that Member State; and
330	330	2. Issue subpoenas for both hearings and
331	331	investigations that require the attendance and testimony of
332	332	witnesses as well as the production of evidence. Subpoenas issued
333	333	by a Licensing Authority in a Member State for the attendance and
334	334	testimony of witnesses or the production of evidence from another
335	335	Member State shall be enforced in the latter State by any court of
336	336	competent jurisdiction, according to the practice and procedure
337	337	applicable to subpoenas issued in proceedings pending before that
338	338	court. The issuing authority shall pay any witness fees, travel
339	339	expenses, mileage, and other fees required by the service statutes
340	340	of the State in which the witnesses or evidence are located.
341	341	B. Only the Home State shall have the power to take Adverse
342	342	Action against a Licensee's Home State License.
343	343	C. For purposes of taking Adverse Action, the Home State
344	344	shall give the same priority and effect to reported conduct
345	345	received from a Member State as it would if the conduct had occurred
346	346	within the Home State. In so doing, the Home State shall apply its
347	347	own State laws to determine appropriate action.
348	348	D. The Home State shall complete any pending investigations
349	349	of a Licensee who changes Home States during the course of the
350	350	investigations. The Home State shall also have authority to take
351	351	appropriate action(s) and shall promptly report the conclusions of
352	352	the investigations to the administrator of the Data System. The
353	353	administrator of the Data System shall promptly notify the new Home
354	354	State of any Adverse Actions.
355	355	E. A Member State, if otherwise permitted by State law, may
356	356	recover from the affected Licensee the costs of investigations and
357	357	dispositions of cases resulting from any Adverse Action taken
358	358	against that Licensee.
359	359	F. A Member State may take Adverse Action based on the
360	360	factual findings of another Remote State, provided that the Member
361	361	State follows its own procedures for taking the Adverse Action.
362	362	G. Joint Investigations:
363	363	1. In addition to the authority granted to a Member
364	364	State by its respective State law, any Member State may participate
365	365	with other Member States in joint investigations of Licensees.
366	366	2. Member States shall share any investigative,
367	367	litigation, or compliance materials in furtherance of any joint
368	368	investigation initiated under the Compact.
369	369	H. If Adverse Action is taken by the Home State against a
370	370	Licensee's Home State License resulting in an Encumbrance on the
371	371	Home State License, the Licensee's Compact Privilege(s) in all
372	372	other Member States shall be revoked until all Encumbrances have
373	373	been removed from the Home State License. All Home State
374	374	disciplinary orders that impose Adverse Action against a Licensee
375	375	shall include a statement that the Licensee's Compact Privileges
376	376	are revoked in all Member States during the pendency of the order.
377	377	I. Once an Encumbered License in the Home State is restored
378	378	to an Unencumbered License (as certified by the Home State's
379	379	Licensing Authority), the Licensee must meet the requirements of
380	380	Section 4(A) and follow the administrative requirements to reapply
381	381	to obtain a Compact Privilege in any Remote State.
382	382	J. If a Member State takes Adverse Action, it shall promptly
383	383	notify the administrator of the Data System. The administrator of
384	384	the Data System shall promptly notify the other Member States State
385	385	of any Adverse Actions.
386	386	K. Nothing in this Compact shall override a Member State's
387	387	decision that participation in an Alternative Program may be used
388	388	in lieu of Adverse Action.
389	389	SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
390	390	COMMISSION
391	391	A. The Compact Member States hereby create and establish a
392	392	joint government agency whose membership consists of all Member
393	393	States that have enacted the Compact known as the Dietitian
394	394	Licensure Compact Commission. The Compact Commission is an
395	395	instrumentality of the Compact States acting jointly and not an
396	396	instrumentality of any one State. The Compact Commission shall
397	397	come into existence on or after the effective date of the Compact as
398	398	set forth in Section 12.
399	399	B. Membership, Voting, and Meetings
400	400	1. Each Member State shall have and be limited to one
401	401	(1) delegate selected by that Member State's Licensing Authority.
402	402	2. The delegate shall be the primary administrator of
403	403	the Licensing Authority or their designee.
404	404	3. The Compact Commission shall by Rule or bylaw
405	405	establish a term of office for delegates and may by Rule or bylaw
406	406	establish term limits.
407	407	4. The Compact Commission may recommend removal or
408	408	suspension of any delegate from office.
409	409	5. A Member State's Licensing Authority shall fill any
410	410	vacancy of its delegate occurring on the Compact Commission within
411	411	60 days of the vacancy.
412	412	6. Each delegate shall be entitled to one vote on all
413	413	matters before the Compact Commission requiring a vote by the
414	414	delegates.
415	415	7. Delegates shall meet and vote by such means as set
416	416	forth in the bylaws. The bylaws may provide for delegates to meet
417	417	and vote in-person or by telecommunication, video conference, or
418	418	other means of communication.
419	419	8. The Compact Commission shall meet at least once
420	420	during each calendar year. Additional meetings may be held as set
421	421	forth in the bylaws. The Compact Commission may meet in person or
422	422	by telecommunication, video conference, or other means of
423	423	communication.
424	424	C. The Compact Commission shall have the following powers:
425	425	1. Establish the fiscal year of the Compact
426	426	Commission;
427	427	2. Establish code of conduct and conflict of interest
428	428	policies;
429	429	3. Establish and amend Rules and bylaws;
430	430	4. Maintain its financial records in accordance with
431	431	the bylaws;
432	432	5. Meet and take such actions as are consistent with
433	433	the provisions of this Compact, the Compact Commission's Rules, and
434	434	the bylaws;
435	435	6. Initiate and conclude legal proceedings or actions
436	436	in the name of the Compact Commission, provided that the standing of
437	437	any Licensing Authority to sue or be sued under applicable law shall
438	438	not be affected;
439	439	7. Maintain and certify records and information
440	440	provided to a Member State as the authenticated business records of
441	441	the Compact Commission, and designate an agent to do so on the
442	442	Compact Commission's behalf;
443	443	8. Purchase and maintain insurance and bonds;
444	444	9. Borrow, accept, or contract for services of
445	445	personnel, including, but not limited to, employees of a Member
446	446	State;
447	447	10. Conduct an annual financial review;
448	448	11. Hire employees, elect or appoint officers, fix
449	449	compensation, define duties, grant such individuals appropriate
450	450	authority to carry out the purposes of the Compact, and establish
451	451	the Compact Commission's personnel policies and programs relating
452	452	to conflicts of interest, qualifications of personnel, and other
453	453	related personnel matters;
454	454	12. Assess and collect fees;
455	455	13. Accept any and all appropriate donations, grants
456	456	of money, other sources of revenue, equipment, supplies, materials,
457	457	services, and gifts, and receive, utilize, and dispose of the same;
458	458	provided that at all times the Compact Commission shall avoid any
459	459	actual or appearance of impropriety or conflict of interest;
460	460	14. Lease, purchase, retain, own, hold, improve, or
461	461	use any property, real, personal, or mixed, or any undivided
462	462	interest therein;
463	463	15. Sell, convey, mortgage, pledge, lease, exchange,
464	464	abandon, or otherwise dispose of any property real, personal, or
465	465	mixed;
466	466	16. Establish a budget and make expenditures;
467	467	17. Borrow money;
468	468	18. Appoint committees, including standing
469	469	committees, composed of members, State regulators, State
470	470	legislators or their representatives, and consumer
471	471	representatives, and such other interested persons as may be
472	472	designated in this Compact or the bylaws;
473	473	19. Provide and receive information from, and
474	474	cooperate with, law enforcement agencies;
475	475	20. Establish and elect an Executive Committee,
476	476	including a chair and a vice chair;
477	477	21. Determine whether a State's adopted language is
478	478	materially different from the model compact language such that the
479	479	State would not qualify for participation in the Compact; and
480	480	22. Perform such other functions as may be necessary
481	481	or appropriate to achieve the purposes of this Compact.
482	482	D. The Executive Committee
483	483	1. The Executive Committee shall have the power to act
484	484	on behalf of the Compact Commission according to the terms of this
485	485	Compact. The powers, duties, and responsibilities of the Executive
486	486	Committee shall include:
487	487	a. Oversee the day-to-day activities of the
488	488	administration of the Compact including enforcement and compliance
489	489	with the provisions of the Compact, its Rules and bylaws, and other
490	490	such duties as deemed necessary;
491	491	b. Recommend to the Compact Commission changes to
492	492	the Rules or bylaws, changes to this Compact legislation, fees
493	493	charged to Compact Member States, fees charged to Licensees, and
494	494	other fees;
495	495	c. Ensure Compact administration services are
496	496	appropriately provided, including by contract;
497	497	d. Prepare and recommend the budget;
498	498	e. Maintain financial records on behalf of the
499	499	Compact Commission;
500	500	f. Monitor Compact compliance of Member States
501	501	and provide compliance reports to the Compact Commission;
502	502	g. Establish additional committees as necessary;
503	503	h. Exercise the powers and duties of the Compact
504	504	Commission during the interim between Compact Commission meetings,
505	505	except for adopting or amending Rules, adopting or amending bylaws,
506	506	and exercising any other powers and duties expressly reserved to
507	507	the Compact Commission by Rule or bylaw; and
508	508	i. Other duties as provided in the Rules or
509	509	bylaws of the Compact Commission.
510	510	2. The Executive Committee shall be composed of nine
511	511	members:
512	512	a. The chair and vice chair of the Compact
513	513	Commission shall be voting members of the Executive Committee;
514	514	b. Five voting members from the current
515	515	membership of the Compact Commission, elected by the Compact
516	516	Commission;
517	517	c. One ex-officio, nonvoting member from a
518	518	recognized professional association representing dietitians; and
519	519	d. One ex-officio, nonvoting member from a
520	520	recognized national credentialing organization for dietitians.
521	521	3. The Compact Commission may remove any member of the
522	522	Executive Committee as provided in the Compact Commission's bylaws.
523	523	4. The Executive Committee shall meet at least
524	524	annually.
525	525	a. Executive Committee meetings shall be open to
526	526	the public, except that the Executive Committee may meet in a
527	527	closed, non-public meeting as provided in subsection (F)(2).
528	528	b. The Executive Committee shall give 30 days'
529	529	notice of its meetings, posted on the website of the Compact
530	530	Commission and as determined to provide notice to persons with an
531	531	interest in the business of the Compact Commission.
532	532	c. The Executive Committee may hold a special
533	533	meeting in accordance with subsection (F)(1)(b).
534	534	E. The Compact Commission shall adopt and provide to the
535	535	Member States an annual report.
536	536	F. Meetings of the Compact Commission
537	537	1. All meetings shall be open to the public, except
538	538	that the Compact Commission may meet in a closed, non-public
539	539	meeting as provided in subsection (F)(2).
540	540	a. Public notice for all meetings of the full
541	541	Compact Commission shall be given in the same manner as required
542	542	under the rulemaking provisions in Section 10, except that the
543	543	Compact Commission may hold a special meeting as provided in
544	544	subsection (F)(1)(b).
545	545	b. The Compact Commission may hold a special
546	546	meeting when it must meet to conduct emergency business by giving 24
547	547	hours' notice to all Member States, on the Compact Commission's
548	548	website, and other means as provided in the Compact Commission's
549	549	Rules. The Compact Commission's legal counsel shall certify that
550	550	the Compact Commission's need to meet qualifies as an emergency.
551	551	2. The Compact Commission or the Executive Committee
552	552	or other committees of the Compact Commission may convene in a
553	553	closed, non-public meeting for the Compact Commission or Executive
554	554	Committee or other committees of the Compact Commission to receive
555	555	legal advice or to discuss:
556	556	a. Non-compliance of a Member State with its
557	557	obligations under the Compact;
558	558	b. The employment, compensation, discipline, or
559	559	other matters, practices, or procedures related to specific
560	560	employees;
561	561	c. Current or threatened discipline of a Licensee
562	562	by the Compact Commission or by a Member State's Licensing
563	563	Authority;
564	564	d. Current, threatened, or reasonably
565	565	anticipated litigation;
566	566	e. Negotiation of contracts for the purchase,
567	567	lease, or sale of goods, services, or real estate;
568	568	f. Accusing any person of a crime or formally
569	569	censuring any person;
570	570	g. Trade secrets or commercial or financial
571	571	information that is privileged or confidential;
572	572	h. Information of a personal nature where
573	573	disclosure would constitute a clearly unwarranted invasion of
574	574	personal privacy;
575	575	i. Investigative records compiled for law
576	576	enforcement purposes;
577	577	j. Information related to any investigative
578	578	reports prepared by or on behalf of or for use of the Compact
579	579	Commission or other committee charged with responsibility of
580	580	investigation or determination of compliance issues pursuant to the
581	581	Compact;
582	582	k. Matters specifically exempted from disclosure
583	583	by federal or Member State law; or
584	584	l. Other matters as specified in the Rules of the
585	585	Compact Commission.
586	586	3. If a meeting, or portion of a meeting, is closed,
587	587	the presiding officer shall state that the meeting will be closed
588	588	and reference each relevant exempting provision, and such reference
589	589	shall be recorded in the minutes.
590	590	4. The Compact Commission shall keep minutes that
591	591	fully and clearly describe all matters discussed in a meeting and
592	592	shall provide a full and accurate summary of actions taken, and the
593	593	reasons therefore, including a description of the views expressed.
594	594	All documents considered in connection with an action shall be
595	595	identified in such minutes. All minutes and documents of a closed
596	596	meeting shall remain under seal, subject to release only by a
597	597	majority vote of the Compact Commission or order of a court of
598	598	competent jurisdiction.
599	599	G. Financing of the Compact Commission
600	600	1. The Compact Commission shall pay, or provide for
601	601	the payment of, the reasonable expenses of its establishment,
602	602	organization, and ongoing activities.
603	603	2. The Compact Commission may accept any and all
604	604	appropriate revenue sources as provided in subsection (C)(13).
605	605	3. The Compact Commission may levy on and collect an
606	606	annual assessment from each Member State and impose fees on
607	607	Licensees of Member States to whom it grants a Compact Privilege to
608	608	cover the cost of the operations and activities of the Compact
609	609	Commission and its staff, which must, in a total amount, be
610	610	sufficient to cover its annual budget as approved each year for
611	611	which revenue is not provided by other sources. The aggregate
612	612	annual assessment amount for Member States shall be allocated based
613	613	upon a formula that the Compact Commission shall promulgate by
614	614	Rule.
615	615	4. The Compact Commission shall not incur obligations
616	616	of any kind prior to securing the funds adequate to meet the same;
617	617	nor shall the Compact Commission pledge the credit of any of the
618	618	Member States, except by and with the authority of the Member State.
619	619	5. The Compact Commission shall keep accurate accounts
620	620	of all receipts and disbursements. The receipts and disbursements
621	621	of the Compact Commission shall be subject to the financial review
622	622	and accounting procedures established under its bylaws. However,
623	623	all receipts and disbursements of funds handled by the Compact
624	624	Commission shall be subject to an annual financial review by a
625	625	certified or licensed public accountant, and the report of the
626	626	financial review shall be included in and become part of the annual
627	627	report of the Compact Commission.
628	628	H. Qualified Immunity, Defense, and Indemnification
629	629	1. The members, officers, executive director,
630	630	employees and representatives of the Compact Commission shall be
631	631	immune from suit and liability, both personally and in their
632	632	official capacity, for any claim for damage to or loss of property
633	633	or personal injury or other civil liability caused by or arising out
634	634	of any actual or alleged act, error, or omission that occurred, or
635	635	that the person against whom the claim is made had a reasonable
636	636	basis for believing occurred within the scope of Compact Commission
637	637	employment, duties, or responsibilities; provided that nothing in
638	638	this paragraph shall be construed to protect any such person from
639	639	suit or liability for any damage, loss, injury, or liability caused
640	640	by the intentional or willful or wanton misconduct of that person.
641	641	The procurement of insurance of any type by the Compact Commission
642	642	shall not in any way compromise or limit the immunity granted
643	643	hereunder.
644	644	2. The Compact Commission shall defend any member,
645	645	officer, executive director, employee, and representative of the
646	646	Compact Commission in any civil action seeking to impose liability
647	647	arising out of any actual or alleged act, error, or omission that
648	648	occurred within the scope of Compact Commission employment, duties,
649	649	or responsibilities, or as determined by the Compact Commission
650	650	that the person against whom the claim is made had a reasonable
651	651	basis for believing occurred within the scope of Compact Commission
652	652	employment, duties, or responsibilities; provided that nothing
653	653	herein shall be construed to prohibit that person from retaining
654	654	their own counsel at their own expense; and provided further, that
655	655	the actual or alleged act, error, or omission did not result from
656	656	that person's intentional or willful or wanton misconduct.
657	657	3. The Compact Commission shall indemnify and hold
658	658	harmless any member, officer, executive director, employee, and
659	659	representative of the Compact Commission for the amount of any
660	660	settlement or judgment obtained against that person arising out of
661	661	any actual or alleged act, error, or omission that occurred within
662	662	the scope of Compact Commission employment, duties, or
663	663	responsibilities, or that such person had a reasonable basis for
664	664	believing occurred within the scope of Compact Commission
665	665	employment, duties, or responsibilities, provided that the actual
666	666	or alleged act, error, or omission did not result from the
667	667	intentional or willful or wanton misconduct of that person.
668	668	4. Nothing herein shall be construed as a limitation
669	669	on the liability of any Licensee for professional malpractice or
670	670	misconduct, which shall be governed solely by any other applicable
671	671	State laws.
672	672	5. Nothing in this Compact shall be interpreted to
673	673	waive or otherwise abrogate a Member State's state action immunity
674	674	or state action affirmative defense with respect to antitrust
675	675	claims under the Sherman Act, Clayton Act, or any other State or
676	676	federal antitrust or anticompetitive law or regulation.
677	677	6. Nothing in this Compact shall be construed to be a
678	678	waiver of sovereign immunity by the Member States or by the Compact
679	679	Commission.
680	680	SECTION 9. DATA SYSTEM
681	681	A. The Compact Commission shall provide for the
682	682	development, maintenance, operation, and utilization of a
683	683	coordinated Data System.
684	684	B. The Compact Commission shall assign each applicant for a
685	685	Compact Privilege a unique identifier, as determined by the Rules.
686	686	C. Notwithstanding any other provision of State law to the
687	687	contrary, a Member State shall submit a uniform data set to the Data
688	688	System on all individuals to whom this Compact is applicable as
689	689	required by the Rules of the Compact Commission, including:
690	690	1. Identifying information;
691	691	2. Licensure data;
692	692	3. Adverse Actions against a License or Compact
693	693	Privilege and information related thereto;
694	694	4. Non-confidential information related to
695	695	Alternative Program participation, the beginning and ending dates
696	696	of such participation, and other information related to such
697	697	participation not made confidential under Member State law;
698	698	5. Any denial of application for licensure, and the
699	699	reason(s) for such denial;
700	700	6. The presence of Current Significant Investigative
701	701	Information; and
702	702	7. Other information that may facilitate the
703	703	administration of this Compact or the protection of the public, as
704	704	determined by the Rules of the Compact Commission.
705	705	D. The records and information provided to a Member State
706	706	pursuant to this Compact or through the Data System, when certified
707	707	by the Compact Commission or an agent thereof, shall constitute the
708	708	authenticated business records of the Compact Commission, and shall
709	709	be entitled to any associated hearsay exception in any relevant
710	710	judicial, quasi-judicial, or administrative proceedings in a
711	711	Member State.
712	712	E. Current Significant Investigative Information
713	713	pertaining to a Licensee in any Member State will only be available
714	714	to other Member States.
715	715	F. It is the responsibility of the Member States to report
716	716	any Adverse Action against a Licensee and to monitor the Data System
717	717	to determine whether any Adverse Action has been taken against a
718	718	Licensee. Adverse Action information pertaining to a Licensee in
719	719	any Member State will be available to any other Member State.
720	720	G. Member States contributing information to the Data
721	721	System may designate information that may not be shared with the
722	722	public without the express permission of the contributing State.
723	723	H. Any information submitted to the Data System that is
724	724	subsequently expunged pursuant to federal law or the laws of the
725	725	Member State contributing the information shall be removed from the
726	726	Data System.
727	727	SECTION 10. RULEMAKING
728	728	A. The Compact Commission shall promulgate reasonable Rules
729	729	in order to effectively and efficiently implement and administer
730	730	the purposes and provisions of the Compact. A Rule shall be invalid
731	731	and have no force or effect only if a court of competent
732	732	jurisdiction holds that the Rule is invalid because the Compact
733	733	Commission exercised its rulemaking authority in a manner that is
734	734	beyond the scope and purposes of the Compact, or the powers granted
735	735	hereunder, or based upon another applicable standard of review.
736	736	B. The Rules of the Compact Commission shall have the force
737	737	of law in each Member State, provided however that where the Rules
738	738	conflict with the laws or regulations of a Member State that relate
739	739	to the procedures, actions, and processes a Licensed Dietitian is
740	740	permitted to undertake in that State and the circumstances under
741	741	which they may do so, as held by a court of competent jurisdiction,
742	742	the Rules of the Compact Commission shall be ineffective in that
743	743	State to the extent of the conflict.
744	744	C. The Compact Commission shall exercise its rulemaking
745	745	powers pursuant to the criteria set forth in this Section and the
746	746	Rules adopted thereunder. Rules shall become binding on the day
747	747	following adoption or as of the date specified in the Rule or
748	748	amendment, whichever is later.
749	749	D. If a majority of the legislatures of the Member States
750	750	rejects a Rule or portion of a Rule, by enactment of a statute or
751	751	resolution in the same manner used to adopt the Compact within four
752	752	(4) years of the date of adoption of the Rule, then such Rule shall
753	753	have no further force and effect in any Member State.
754	754	E. Rules shall be adopted at a regular or special meeting of
755	755	the Compact Commission.
756	756	F. Prior to adoption of a proposed Rule, the Compact
757	757	Commission shall hold a public hearing and allow persons to provide
758	758	oral and written comments, data, facts, opinions, and arguments.
759	759	G. Prior to adoption of a proposed Rule by the Compact
760	760	Commission, and at least thirty (30) days in advance of the meeting
761	761	at which the Compact Commission will hold a public hearing on the
762	762	proposed Rule, the Compact Commission shall provide a Notice of
763	763	Proposed rulemaking:
764	764	1. On the website of the Compact Commission or other
765	765	publicly accessible platform;
766	766	2. To persons who have requested notice of the Compact
767	767	Commission's notices of proposed rulemaking; and
768	768	3. In such other way(s) as the Compact Commission may
769	769	by Rule specify.
770	770	H. The Notice of Proposed rulemaking shall include:
771	771	1. The time, date, and location of the public hearing
772	772	at which the Compact Commission will hear public comments on the
773	773	proposed Rule and, if different, the time, date, and location of the
774	774	meeting where the Compact Commission will consider and vote on the
775	775	proposed Rule;
776	776	2. If the hearing is held via telecommunication, video
777	777	conference, or other means of communication, the Compact Commission
778	778	shall include the mechanism for access to the hearing in the Notice
779	779	of Proposed rulemaking;
780	780	3. The text of the proposed Rule and the reason
781	781	therefore;
782	782	4. A request for comments on the proposed Rule from any
783	783	interested person; and
784	784	5. The manner in which interested persons may submit
785	785	written comments.
786	786	I. All hearings will be recorded. A copy of the recording
787	787	and all written comments and documents received by the Compact
788	788	Commission in response to the proposed Rule shall be available to
789	789	the public.
790	790	J. Nothing in this Section shall be construed as requiring a
791	791	separate hearing on each Rule. Rules may be grouped for the
792	792	convenience of the Compact Commission at hearings required by this
793	793	Section.
794	794	K. The Compact Commission shall, by majority vote of all
795	795	members, take final action on the proposed Rule based on the
796	796	rulemaking record and the full text of the Rule.
797	797	1. The Compact Commission may adopt changes to the
798	798	proposed Rule provided the changes do not enlarge the original
799	799	purpose of the proposed Rule.
800	800	2. The Compact Commission shall provide an explanation
801	801	of the reasons for substantive changes made to the proposed Rule as
802	802	well as reasons for substantive changes not made that were
803	803	recommended by commenters.
804	804	3. The Compact Commission shall determine a reasonable
805	805	effective date for the Rule. Except for an emergency as provided in
806	806	Section 10(L), the effective date of the Rule shall be no sooner
807	807	than 30 days after issuing the notice that it adopted or amended the
808	808	Rule.
809	809	L. Upon determination that an emergency exists, the Compact
810	810	Commission may consider and adopt an emergency Rule with 24 hours'
811	811	notice, with opportunity to comment, provided that the usual
812	812	rulemaking procedures provided in the Compact and in this Section
813	813	shall be retroactively applied to the Rule as soon as reasonably
814	814	possible, in no event later than ninety (90) days after the
815	815	effective date of the Rule. For the purposes of this provision, an
816	816	emergency Rule is one that must be adopted immediately in order to:
817	817	1. Meet an imminent threat to public health, safety,
818	818	or welfare;
819	819	2. Prevent a loss of Compact Commission or Member
820	820	State funds;
821	821	3. Meet a deadline for the promulgation of a Rule that
822	822	is established by federal law or rule; or
823	823	4. Protect public health and safety.
824	824	M. The Compact Commission or an authorized committee of the
825	825	Compact Commission may direct revision to a previously adopted Rule
826	826	for purposes of correcting typographical errors, errors in format,
827	827	errors in consistency, or grammatical errors. Public notice of any
828	828	revision shall be posted on the website of the Compact Commission.
829	829	The revision shall be subject to challenge by any person for a
830	830	period of thirty (30) days after posting. The revision may be
831	831	challenged only on grounds that the revision results in a material
832	832	change to a Rule. A challenge shall be made in writing and delivered
833	833	to the Compact Commission prior to the end of the notice period. If
834	834	no challenge is made, the revision will take effect without further
835	835	action. If the revision is challenged, the revision may not take
836	836	effect without the approval of the Compact Commission.
837	837	N. No Member State's rulemaking requirements shall apply
838	838	under this Compact.
839	839	SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
840	840	A. Oversight
841	841	1. The executive and judicial branches of State
842	842	government in each Member State shall enforce this Compact and take
843	843	all actions necessary and appropriate to implement this Compact.
844	844	2. Except as otherwise provided in this Compact, venue
845	845	is proper and judicial proceedings by or against the Compact
846	846	Commission shall be brought solely and exclusively in a court of
847	847	competent jurisdiction where the principal office of the Compact
848	848	Commission is located. The Compact Commission may waive venue and
849	849	jurisdictional defenses to the extent it adopts or consents to
850	850	participate in alternative dispute resolution proceedings. Nothing
851	851	herein shall affect or limit the selection or propriety of venue in
852	852	any action against a Licensee for professional malpractice,
853	853	misconduct, or any such similar matter.
854	854	3. The Compact Commission shall be entitled to receive
855	855	service of process in any proceeding regarding the enforcement or
856	856	interpretation of the Compact and shall have standing to intervene
857	857	in such a proceeding for all purposes. Failure to provide the
858	858	Compact Commission service of process shall render a judgment or
859	859	order void as to the Compact Commission, this Compact, or
860	860	promulgated Rules.
861	861	B. Default, Technical Assistance, and Termination
862	862	1. If the Compact Commission determines that a Member
863	863	State has defaulted in the performance of its obligations or
864	864	responsibilities under this Compact or the promulgated Rules, the
865	865	Compact Commission shall provide written notice to the defaulting
866	866	State. The notice of default shall describe the default, the
867	867	proposed means of curing the default, and any other action that the
868	868	Compact Commission may take and shall offer training and specific
869	869	technical assistance regarding the default.
870	870	2. The Compact Commission shall provide a copy of the
871	871	notice of default to the other Member States.
872	872	C. If a State in default fails to cure the default, the
873	873	defaulting State may be terminated from the Compact upon an
874	874	affirmative vote of a majority of the delegates of the Member
875	875	States, and all rights, privileges, and benefits conferred on that
876	876	State by this Compact may be terminated on the effective date of
877	877	termination. A cure of the default does not relieve the offending
878	878	State of obligations or liabilities incurred during the period of
879	879	default.
880	880	D. Termination of membership in the Compact shall be imposed
881	881	only after all other means of securing compliance have been
882	882	exhausted. Notice of intent to suspend or terminate shall be given
883	883	by the Compact Commission to the governor, the majority and
884	884	minority leaders of the defaulting State's legislature, the
885	885	defaulting State's Licensing Authority, and each of the Member
886	886	States' Licensing Authority.
887	887	E. A State that has been terminated is responsible for all
888	888	assessments, obligations, and liabilities incurred through the
889	889	effective date of termination, including obligations that extend
890	890	beyond the effective date of termination.
891	891	F. Upon the termination of a State's membership from this
892	892	Compact, that State shall immediately provide notice to all
893	893	Licensees within that State of such termination. The terminated
894	894	State shall continue to recognize all Compact Privileges granted
895	895	pursuant to this Compact for a minimum of six months after the date
896	896	of said notice of termination.
897	897	G. The Compact Commission shall not bear any costs related
898	898	to a State that is found to be in default or that has been terminated
899	899	from the Compact, unless agreed upon in writing between the Compact
900	900	Commission and the defaulting State.
901	901	H. The defaulting State may appeal the action of the Compact
902	902	Commission by petitioning the U.S. District Court for the District
903	903	of Columbia or the federal district where the Compact Commission
904	904	has its principal offices. The prevailing party shall be awarded
905	905	all costs of such litigation, including reasonable attorney's fees.
906	906	I. Dispute Resolution
907	907	1. Upon request by a Member State, the Compact
908	908	Commission shall attempt to resolve disputes related to the Compact
909	909	that arise among Member States and between Member and non-Member
910	910	States.
911	911	2. The Compact Commission shall promulgate a Rule
912	912	providing for both mediation and binding dispute resolution for
913	913	disputes as appropriate.
914	914	J. Enforcement
915	915	1. By supermajority vote, the Compact Commission may
916	916	initiate legal action against a Member State in default in the
917	917	United States District Court for the District of Columbia or the
918	918	federal district where the Compact Commission has its principal
919	919	offices to enforce compliance with the provisions of the Compact
920	920	and its promulgated Rules. The relief sought may include both
921	921	injunctive relief and damages. In the event judicial enforcement is
922	922	necessary, the prevailing party shall be awarded all costs of such
923	923	litigation, including reasonable attorney's fees. The remedies
924	924	herein shall not be the exclusive remedies of the Compact
925	925	Commission. The Compact Commission may pursue any other remedies
926	926	available under federal or the defaulting Member State's law.
927	927	2. A Member State may initiate legal action against
928	928	the Compact Commission in the U.S. District Court for the District
929	929	of Columbia or the federal district where the Compact Commission
930	930	has its principal offices to enforce compliance with the provisions
931	931	of the Compact and its promulgated Rules. The relief sought may
932	932	include both injunctive relief and damages. In the event judicial
933	933	enforcement is necessary, the prevailing party shall be awarded all
934	934	costs of such litigation, including reasonable attorney's fees.
935	935	3. No party other than a Member State shall enforce
936	936	this Compact against the Compact Commission.
937	937	SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
938	938	A. The Compact shall come into effect on the date on which
939	939	the Compact statute is enacted into law in the seventh Member State.
940	940	1. On or after the effective date of the Compact, the
941	941	Compact Commission shall convene and review the enactment of each
942	942	of the first seven Member States ("Charter Member States") to
943	943	determine if the statute enacted by each such Charter Member State
944	944	is materially different than the model Compact statute.
945	945	a. A Charter Member State whose enactment is
946	946	found to be materially different from the model Compact statute
947	947	shall be entitled to the default process set forth in Section 11.
948	948	b. If any Member State is later found to be in
949	949	default, or is terminated, or withdraws from the Compact, the
950	950	Compact Commission shall remain in existence and the Compact shall
951	951	remain in effect even if the number of Member States should be less
952	952	than seven.
953	953	2. Member States enacting the Compact subsequent to
954	954	the seven initial Charter Member States shall be subject to the
955	955	process set forth in Section 8(C)(21) to determine if their
956	956	enactments are materially different from the model Compact statute
957	957	and whether they qualify for participation in the Compact.
958	958	3. All actions taken for the benefit of the Compact
959	959	Commission or in furtherance of the purposes of the administration
960	960	of the Compact prior to the effective date of the Compact or the
961	961	Compact Commission coming into existence shall be considered to be
962	962	actions of the Compact Commission unless specifically repudiated by
963	963	the Compact Commission.
964	964	4. Any State that joins the Compact subsequent to the
965	965	Compact Commission's initial adoption of the Rules and bylaws shall
966	966	be subject to the Rules and bylaws as they exist on the date on which
967	967	the Compact becomes law in that State. Any Rule that has been
968	968	previously adopted by the Compact Commission shall have the full
969	969	force and effect of law on the day the Compact becomes law in that
970	970	State.
971	971	B. Any Member State may withdraw from this Compact by
972	972	enacting a statute repealing the same.
973	973	1. A Member State's withdrawal shall not take effect
974	974	until 180 days after enactment of the repealing statute.
975	975	2. Withdrawal shall not affect the continuing
976	976	requirement of the withdrawing State's Licensing Authority to
977	977	comply with the investigative and Adverse Action reporting
978	978	requirements of this Compact prior to the effective date of
979	979	withdrawal.
980	980	3. Upon the enactment of a statute withdrawing from
981	981	this Compact, a State shall immediately provide notice of such
982	982	withdrawal to all Licensees within that State. Notwithstanding any
983	983	subsequent statutory enactment to the contrary, such withdrawing
984	984	State shall continue to recognize all Compact Privileges granted
985	985	pursuant to this Compact for a minimum of 180 days after the date of
986	986	such notice of withdrawal.
987	987	C. Nothing contained in this Compact shall be construed to
988	988	invalidate or prevent any licensure agreement or other cooperative
989	989	arrangement between a Member State and a non-Member State that does
990	990	not conflict with the provisions of this Compact.
991	991	D. This Compact may be amended by the Member States. No
992	992	amendment to this Compact shall become effective and binding upon
993	993	any Member State until it is enacted into the laws of all Member
994	994	States.
995	995	SECTION 13. CONSTRUCTION AND SEVERABILITY
996	996	A. This Compact and the Compact Commission's rulemaking
997	997	authority shall be liberally construed so as to effectuate the
998	998	purposes and the implementation and administration of the Compact.
999	999	Provisions of the Compact expressly authorizing or requiring the
1000	1000	promulgation of Rules shall not be construed to limit the Compact
1001	1001	Commission's rulemaking authority solely for those purposes.
1002	1002	B. The provisions of this Compact shall be severable and if
1003	1003	any phrase, clause, sentence, or provision of this Compact is held
1004	1004	by a court of competent jurisdiction to be contrary to the
1005	1005	constitution of any Member State, a State seeking participation in
1006	1006	the Compact, or of the United States, or the applicability thereof
1007	1007	to any government, agency, person, or circumstance is held to be
1008	1008	unconstitutional by a court of competent jurisdiction, the validity
1009	1009	of the remainder of this Compact and the applicability thereof to
1010	1010	any other government, agency, person, or circumstance shall not be
1011	1011	affected thereby.
1012	1012	C. Notwithstanding Section 13(B), the Compact Commission
1013	1013	may deny a State's participation in the Compact or, in accordance
1014	1014	with the requirements of Section 11(B), terminate a Member State's
1015	1015	participation in the Compact, if it determines that a
1016	1016	constitutional requirement of a Member State is a material
1017	1017	departure from the Compact. Otherwise, if this Compact shall be
1018	1018	held to be contrary to the constitution of any Member State, the
1019	1019	Compact shall remain in full force and effect as to the remaining
1020	1020	Member States and in full force and effect as to the Member State
1021	1021	affected as to all severable matters.
1022	1022	SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1023	1023	A. Nothing herein shall prevent or inhibit the enforcement
1024	1024	of any other law of a Member State that is not inconsistent with the
1025	1025	Compact.
1026	1026	B. Any laws, statutes, regulations, or other legal
1027	1027	requirements in a Member State in conflict with the Compact are
1028	1028	superseded to the extent of the conflict.
1029	1029	C. All permissible agreements between the Compact
1030	1030	Commission and the Member States are binding in accordance with
1031	1031	their terms.
1032	1032	Sec. 701.452. ADMINISTRATION OF COMPACT. The department is
1033	1033	the Dietitian Licensure Compact administrator for this state.
1034	1034	Sec. 701.453. RULES. The commission may adopt rules as
1035	1035	necessary to implement this subchapter.
1036	1036	SECTION 2. This Act takes effect September 1, 2025.