Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1153 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1153
5	5	March 6, 2024 - Introduced by Representatives BROOKS, BODDEN, ANDRACA, JOERS
6	6	and MURPHY, cosponsored by Senators BALLWEG, FELZKOWSKI, TESTIN and
7	7	JAMES. Referred to Committee on Regulatory Licensing Reform.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber and amend 448.78; to amend 146.81 (1) (em), 146.997 (1)
10	10	(d) 6., 252.14 (1) (ar) 4m., 253.065 (3), 253.065 (5), 440.03 (9) (a) (intro.), 440.03
11	11	(9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (f), 446.02 (6m), 448.70
12	12	(1m), 448.72 (6), 448.74 (1), 448.78 (title), 448.80, 448.82, 448.87 (2) (intro.),
13	13	448.87 (2) (a), 448.956 (1m) and 450.10 (3) (a) 5m.; to repeal and recreate
14	14	632.895 (1) (b) 5. b.; and to create 14.833, 440.03 (11m) (c) 2rm., 440.03 (13) (c)
15	15	1. gm., 448.70 (1r), 448.70 (1s), 448.78 (1m) (title), 448.78 (1m) (f), 448.78 (2m),
16	16	(3m) and (4m) and subchapter XIV of chapter 448 [precedes 448.9887] of the
17	17	statutes; relating to: ratification of the Dietitian Licensure Compact.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact,
20	20	which provides for the ability of a dietitian to become eligible to practice in other
21	21	compact states. Significant provisions of the compact include the following:
22	22	1. The creation of a Dietitian Licensure Compact Commission, which includes
23	23	the primary administrators of the licensure authorities of each member state. The
24	24	commission has various powers and duties granted in the compact, including
25	25	establishing bylaws, promulgating rules for the compact, appointing officers and
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37	37	hiring employees, and establishing and electing an executive committee. The
38	38	commission may levy on and collect an annual assessment from each member state
39	39	or impose fees on licensees to whom it grants a compact privilege to cover the cost of
40	40	the operations and activities of the commission and its staff.
41	41	2. The ability for a dietitian to obtain a “compact privilege,” which allows a
42	42	dietitian to practice dietetics in another compact state (remote state) if the dietitian
43	43	satisfies certain criteria. The compact specifies a number of requirements in order
44	44	for a dietitian to exercise a compact privilege, including holding an unencumbered
45	45	dietitian license in a home state and paying any fees and meeting any jurisprudence
46	46	requirements that may be imposed by a remote state. A dietitian practicing in a
47	47	remote state under a compact privilege must adhere to the laws and regulations of
48	48	that state. A remote state may, in accordance with that state's laws, take adverse
49	49	action against a licensee's compact privilege within that state. If a dietitian's license
50	50	is encumbered, the dietitian loses the compact privilege in all remote states until
51	51	certain criteria are satisfied. If a dietitian's compact privilege in any remote state
52	52	is removed, the dietitian may lose the compact privilege in all other remote states
53	53	until certain criteria are satisfied.
54	54	3. The ability of member states to issue subpoenas that are enforceable in other
55	55	states.
56	56	4. The creation of a coordinated data system containing licensure and
57	57	disciplinary action information on dietitians. The compact requires member states
58	58	to report adverse actions against licensees and to monitor the data system to
59	59	determine whether adverse actions have been taken against licensees. A member
60	60	state must submit a uniform data set to the data system on all individuals to whom
61	61	the compact is applicable as required by the rules of the commission.
62	62	5. Provisions regarding resolutions of disputes between member states and
63	63	between member and nonmember states, including a process for termination of a
64	64	state's membership in the compact if the state defaults on its obligations under the
65	65	compact.
66	66	The compact becomes effective in this state upon its enactment in seven states.
67	67	The compact provides that it may be amended upon enactment of an amendment by
68	68	all member states. A state may withdraw from the compact by repealing the statute
69	69	authorizing the compact, but the compact provides that a withdrawal does not take
70	70	effect until 180 days after the effective date of that repeal.
71	71	For further information see the state fiscal estimate, which will be printed as
72	72	an appendix to this bill.
73	73	The people of the state of Wisconsin, represented in senate and assembly, do
74	74	enact as follows:
75	75	SECTION 1. 14.833 of the statutes is created to read:
76	76	14.833 Dietitian licensure compact. There is created a dietitian licensure
77	77	compact commission as specified in s. 448.9887. The delegate on the commission
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83	83	SECTION 1
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85	85	representing this state shall be appointed by the dietitian affiliated credentialing
86	86	board as provided in s. 448.9887 (8) (b) 1. and shall be an individual described in s.
87	87	448.9887 (8) (b) 2. The commission has the powers and duties granted and imposed
88	88	under s. 448.9887.
89	89	SECTION 2. 146.81 (1) (em) of the statutes is amended to read:
90	90	146.81 (1) (em) A dietitian who is certified under subch. V of ch. 448 or who
91	91	holds a compact privilege under subch. XIV of ch. 448.
92	92	SECTION 3. 146.997 (1) (d) 6. of the statutes is amended to read:
93	93	146.997 (1) (d) 6. A dietitian who is certified under subch. V of ch. 448 or who
94	94	holds a compact privilege under subch. XIV of ch. 448.
95	95	SECTION 4. 252.14 (1) (ar) 4m. of the statutes is amended to read:
96	96	252.14 (1) (ar) 4m. A dietitian who is certified under subch. V of ch. 448 or who
97	97	holds a compact privilege under subch. XIV of ch. 448.
98	98	SECTION 5. 253.065 (3) of the statutes is amended to read:
99	99	253.065 (3) Unless the department grants an exception, in order to be eligible
100	100	for the internship program under sub. (1), an applicant must, at the time of his or her
101	101	selection, be employed as a nutritionist for the supplemental food program for
102	102	women, infants, and children under s. 253.06 by either the department or a local
103	103	agency and have met the educational requirements under s. 448.78 (3) (1m) (c).
104	104	SECTION 6. 253.065 (5) of the statutes is amended to read:
105	105	253.065 (5) The department shall issue to each individual who successfully
106	106	completes the dietetic internship program under this section a certificate of
107	107	completion that the individual may submit as verification of the completion of more
108	108	than 900 hours of qualifying dietetics practice under s. 448.78 (4) (1m) (d). The
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134	134	SECTION 6 ASSEMBLY BILL 1153
135	135	dietitians affiliated credentialing board shall accept certificates of completion issued
136	136	under this subsection as satisfactory evidence under s. 448.78 (4) (1m) (d).
137	137	SECTION 7. 440.03 (9) (a) (intro.) of the statutes, as affected by 2023 Wisconsin
138	138	Act 88, is amended to read:
139	139	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
140	140	the department shall, biennially, determine each fee for an initial credential for
141	141	which no examination is required, for a reciprocal credential, and for a credential
142	142	renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2),
143	143	448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2) by doing all of the following:
144	144	SECTION 8. 440.03 (9) (a) 2. of the statutes, as affected by 2023 Wisconsin Act
145	145	88, is amended to read:
146	146	440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
147	147	adjusting for the succeeding fiscal biennium each fee for an initial credential for
148	148	which an examination is not required, for a reciprocal credential, and, subject to s.
149	149	440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2),
150	150	448.986 (2), 448.9875 (2), 448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2), if an
151	151	adjustment is necessary to reflect the approximate administrative and enforcement
152	152	costs of the department that are attributable to the regulation of the particular
153	153	occupation or business during the period in which the initial or reciprocal credential,
154	154	credential renewal, or compact privilege is in effect and, for purposes of each fee for
155	155	a credential renewal, to reflect an estimate of any additional moneys available for the
156	156	department's general program operations as a result of appropriation transfers that
157	157	have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal
158	158	biennium in progress at the time of the deadline for an adjustment under this
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185	185	SECTION 8
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187	187	subdivision or during the fiscal biennium beginning on the July 1 immediately
188	188	following the deadline for an adjustment under this subdivision.
189	189	SECTION 9. 440.03 (11m) (c) 2rm. of the statutes is created to read:
190	190	440.03 (11m) (c) 2rm. The coordinated data system under s. 448.9887 (9), if
191	191	such disclosure is required under the dietitian licensure compact under s. 448.9887.
192	192	SECTION 10. 440.03 (13) (b) (intro.) of the statutes, as affected by 2023
193	193	Wisconsin Act 88, is amended to read:
194	194	440.03 (13) (b) (intro.) The department may investigate whether an applicant
195	195	for or holder of any of the following credentials has been charged with or convicted
196	196	of a crime only pursuant to rules promulgated by the department under this
197	197	paragraph, including rules that establish the criteria that the department will use
198	198	to determine whether an investigation under this paragraph is necessary, except as
199	199	provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985
200	200	(3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and
201	201	(5) (b) 2. a., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3)
202	202	(b) 2.:
203	203	SECTION 11. 440.03 (13) (c) 1. gm. of the statutes is created to read:
204	204	440.03 (13) (c) 1. gm. An applicant for a dietitian compact privilege under s.
205	205	448.9887 (4) and an applicant for a dietitian certificate described in s. 448.9887 (5)
206	206	(b) 2. a.
207	207	SECTION 12. 440.15 of the statutes, as affected by 2023 Wisconsin Act 88, is
208	208	amended to read:
209	209	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
210	210	441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
211	211	5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and (5) (b) 2. a., 450.071
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238	238	SECTION 12 ASSEMBLY BILL 1153
239	239	(3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2.
240	240	a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that
241	241	an applicant for a credential or a credential holder be fingerprinted or submit
242	242	fingerprints in connection with the department's or the credentialing board's
243	243	credentialing.
244	244	SECTION 13. 446.01 (1v) (f) of the statutes is amended to read:
245	245	446.01 (1v) (f) Dietitians affiliated credentialing board under subch. V of ch.
246	246	448. “Health care professional" also includes an individual who holds a compact
247	247	privilege under subch. XIV of ch. 448.
248	248	SECTION 14. 446.02 (6m) of the statutes is amended to read:
249	249	446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice,
250	250	or a recommendation to a patient regarding the health effects of vitamins, herbs, or
251	251	nutritional supplements unless the chiropractor has been issued a certificate under
252	252	sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this
253	253	chapter who is a certified as a dietitian under subch. V of ch. 448, as defined in s.
254	254	448.70 (1m).
255	255	SECTION 15. 448.70 (1m) of the statutes is amended to read:
256	256	448.70 (1m) “Certified dietitian" means an individual who is certified as a
257	257	dietitian under this subchapter or who holds a compact privilege.
258	258	SECTION 16. 448.70 (1r) of the statutes is created to read:
259	259	448.70 (1r) “Compact” means the dietitian licensure compact under s.
260	260	448.9887.
261	261	SECTION 17. 448.70 (1s) of the statutes is created to read:
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289	289	448.70 (1s) “Compact privilege” means a compact privilege, as defined in s.
290	290	448.9887 (2) (i), that is granted under the compact to an individual to practice in this
291	291	state.
292	292	SECTION 18. 448.72 (6) of the statutes is amended to read:
293	293	448.72 (6) Prohibit an individual from using the title “dietitian”, “dietitian,”
294	294	“licensed dietitian," or “certified dietitian" if the person is licensed or certified as a
295	295	dietitian under the laws of another state which has licensure or certification
296	296	requirements that the affiliated credentialing board determines to be substantially
297	297	equivalent to the requirements under s. 448.78 (1m).
298	298	SECTION 19. 448.74 (1) of the statutes is amended to read:
299	299	448.74 (1) Establish criteria for the approval of educational programs and
300	300	training under s. 448.78 (3) and (4) (1m) (c) and (d).
301	301	SECTION 20. 448.78 (title) of the statutes is amended to read:
302	302	448.78 (title) Certification of dietitians; compact privileges.
303	303	SECTION 21. 448.78 of the statutes is renumbered 448.78 (1m), and 448.78 (1m)
304	304	(c) 2. and (d) 3. b., as renumbered, are amended to read:
305	305	448.78 (1m) (c) 2. Received a bachelor's, master's or doctoral degree in human
306	306	nutrition, nutrition education, food and nutrition, dietetics or food systems
307	307	management from a program at a college or university that is not located in a state
308	308	or territory of the United States if the affiliated credentialing board determines that
309	309	the program is substantially equivalent to a program under par. (a) subd. 1.
310	310	(d) 3. b. A program at a college or university that is not located in a state or
311	311	territory of the United States if the affiliated credentialing board determines that the
312	312	program is substantially equivalent to a program under subd. 1. 3. a.
313	313	SECTION 22. 448.78 (1m) (title) of the statutes is created to read:
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340	340	SECTION 22 ASSEMBLY BILL 1153
341	341	448.78 (1m) (title) CERTIFICATE.
342	342	SECTION 23. 448.78 (1m) (f) of the statutes is created to read:
343	343	448.78 (1m) (f) Subject to ss. 111.321, 111.322, and 111.335, submits evidence
344	344	satisfactory to the affiliated credentialing board that he or she does not have a
345	345	conviction record.
346	346	SECTION 24. 448.78 (2m), (3m) and (4m) of the statutes are created to read:
347	347	448.78 (2m) LICENSE BASED ON COMPACT PRIVILEGE. The affiliated credentialing
348	348	board shall grant a certificate as a dietitian to any individual who does all of the
349	349	following:
350	350	(a) Submits an application for the certificate to the department on a form
351	351	provided by the department.
352	352	(b) Pays the fee specified in s. 440.05 (1).
353	353	(c) Submits evidence satisfactory to the affiliated credentialing board that he
354	354	or she holds a home state license in another state that is a party to the compact, has
355	355	changed his or her primary state of residence to this state, and satisfies all other
356	356	requirements under s. 448.9887 (5).
357	357	(d) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
358	358	to the affiliated credentialing board that he or she does not have a conviction record.
359	359	(3m) COMPACT PRIVILEGE. The affiliated credentialing board shall grant a
360	360	compact privilege to an individual who does all of the following:
361	361	(a) Submits an application for the compact privilege to the department on a
362	362	form provided by the department.
363	363	(b) Submits evidence satisfactory to the affiliated credentialing board that he
364	364	or she holds an unencumbered home state license in another state that is a party to
365	365	the compact and satisfies all other requirements under s. 448.9887 (4).
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395	395	(c) Pays any fee established by the department under s. 448.9888 (2).
396	396	(4m) TYPES OF CERTIFICATE. A certificate as a dietitian granted under sub. (1m)
397	397	may be either of the following:
398	398	(a) A certificate that, subject to s. 448.9887 (4), entitles the holder to obtain and
399	399	exercise a compact privilege in other states that are parties to the compact.
400	400	(b) A single-state certificate, which entitles the holder to practice only in this
401	401	state. Nothing in the compact applies to the holder of a single-state certificate unless
402	402	otherwise applicable under this subchapter.
403	403	SECTION 25. 448.80 of the statutes is amended to read:
404	404	448.80 Temporary certificate. Upon application and payment of the fee
405	405	specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary
406	406	dietitian certificate to an individual who satisfies the requirements under s. 448.78
407	407	(1) to (4) (1m) (a) to (d) and has submitted an application to take the next available
408	408	examination under s. 448.84. A temporary certificate granted under this section is
409	409	valid for a period designated by the affiliated credentialing board, not to exceed 9
410	410	months, and may be renewed once by the affiliated credentialing board.
411	411	SECTION 26. 448.82 of the statutes is amended to read:
412	412	448.82 Reciprocal certificate. Upon application and payment of the fee
413	413	specified in s. 440.05 (2), the affiliated credentialing board shall grant a dietitian
414	414	certificate to an individual who holds a similar certificate or license in another state
415	415	or territory of the United States if the affiliated credentialing board determines that
416	416	the requirements for receiving the certificate in the other state or territory are
417	417	substantially equivalent to the requirements under s. 448.78 (1m).
418	418	SECTION 27. 448.87 (2) (intro.) of the statutes is amended to read:
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444	444	SECTION 27 ASSEMBLY BILL 1153
445	445	448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
446	446	affiliated credentialing board may reprimand a certified dietitian or deny, limit,
447	447	suspend or revoke a certificate granted under this subchapter or a compact privilege
448	448	if it finds that the applicant or certified dietitian has done any of the following:
449	449	SECTION 28. 448.87 (2) (a) of the statutes is amended to read:
450	450	448.87 (2) (a) Made a material misstatement in an application for a certificate
451	451	or a compact privilege or for renewal of a certificate.
452	452	SECTION 29. 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act
453	453	251, is amended to read:
454	454	448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
455	455	to an individual without a referral, except that a licensee may not provide athletic
456	456	training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
457	457	setting unless the licensee has obtained a written referral for the individual from a
458	458	practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
459	459	under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
460	460	privilege under subch. XI or, XII, or XIV of ch. 448.
461	461	SECTION 30. Subchapter XIV of chapter 448 [precedes 448.9887] of the statutes
462	462	is created to read:
463	463	CHAPTER 448
464	464	SUBCHAPTER XIV
465	465	DIETITIAN LICENSURE COMP ACT
466	466	448.9887 Dietitian licensure compact. (1) PURPOSE. The purpose of this
467	467	compact is to facilitate interstate practice of dietetics with the goal of improving
468	468	public access to dietetics services. This compact preserves the regulatory authority
469	469	of states to protect public health and safety through the current system of state
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495	495	LRB-5329/1
496	496	MED:emw
497	497	SECTION 30
498	498	ASSEMBLY BILL 1153
499	499	licensure, while also providing for licensure portability through a compact privilege
500	500	granted to qualifying professionals. This compact is designed to achieve the
501	501	following objectives:
502	502	(a) Increase public access to dietetics services;
503	503	(b) Provide opportunities for interstate practice by licensed dietitians who meet
504	504	uniform requirements;
505	505	(c) Eliminate the necessity for licenses in multiple states;
506	506	(d) Reduce administrative burden on member states and licensees;
507	507	(e) Enhance the states' ability to protect the public's health and safety;
508	508	(f) Encourage the cooperation of member states in regulating multistate
509	509	practice of licensed dietitians;
510	510	(g) Support relocating active military members and their spouses;
511	511	(h) Enhance the exchange of licensure, investigative, and disciplinary
512	512	information among member states; and
513	513	(i) Vest all member states with the authority to hold a licensed dietitian
514	514	accountable for meeting all state practice laws in the state in which the patient is
515	515	located at the time care is rendered.
516	516	(2) DEFINITIONS. As used in this compact, and except as otherwise provided, the
517	517	following definitions shall apply:
518	518	(a) “ACEND” means the Accreditation Council for Education in Nutrition and
519	519	Dietetics or its successor organization.
520	520	(b) “Active military member” means any individual with full-time duty status
521	521	in the active armed forces of the United States, including members of the national
522	522	guard and reserve.
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547	547	MED:emw
548	548	SECTION 30 ASSEMBLY BILL 1153
549	549	(c) “Adverse action” means any administrative, civil, equitable or criminal
550	550	action permitted by a state's laws which is imposed by a licensing authority or other
551	551	authority against a licensee, including actions against an individual's license or
552	552	compact privilege such as revocation, suspension, probation, monitoring of the
553	553	licensee, limitation on the licensee's practice, or any other encumbrance on licensure
554	554	affecting a licensee's authorization to practice, including issuance of a cease and
555	555	desist action.
556	556	(d) “Alternative program” means a nondisciplinary monitoring or practice
557	557	remediation process approved by a licensing authority.
558	558	(e) “Charter member state” means any member state which enacted this
559	559	compact by law before the effective date specified in sub. (12).
560	560	(f) “Continuing education” means a requirement, as a condition of license
561	561	renewal, to provide evidence of participation in, and completion of, educational and
562	562	professional activities relevant to practice or area of work.
563	563	(g) “CDR” means the Commission on Dietetic Registration or its successor
564	564	organization.
565	565	(h) “Compact commission” means the government agency whose membership
566	566	consists of all states that have enacted this compact, which is known as the dietitian
567	567	licensure compact commission, as described in sub. (8), and which shall operate as
568	568	an instrumentality of the member states.
569	569	(i) “Compact privilege” means a legal authorization, which is equivalent to a
570	570	license, permitting the practice of dietetics in a remote state.
571	571	(j) “Current significant investigative information” means:
572	572	1. Investigative information that a licensing authority, after a preliminary
573	573	inquiry that includes notification and an opportunity for the subject licensee to
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598	598	25 - 13 -2023 - 2024 Legislature
599	599	LRB-5329/1
600	600	MED:emw
601	601	SECTION 30
602	602	ASSEMBLY BILL 1153
603	603	respond, if required by state law, has reason to believe is not groundless and, if
604	604	proved true, would indicate more than a minor infraction; or
605	605	2. Investigative information that indicates that the subject licensee represents
606	606	an immediate threat to public health and safety regardless of whether the subject
607	607	licensee has been notified and had an opportunity to respond.
608	608	(k) “Data system” means a repository of information about licensees, including,
609	609	but not limited to, continuing education, examination, licensure, investigative,
610	610	compact privilege and adverse action information.
611	611	(L) “Encumbered license” means a license in which an adverse action restricts
612	612	a licensee's ability to practice dietetics.
613	613	(m) “Encumbrance” means a revocation or suspension of, or any limitation on
614	614	a licensee's full and unrestricted practice of dietetics by a licensing authority.
615	615	(n) “Executive committee” means a group of delegates elected or appointed to
616	616	act on behalf of, and within the powers granted to them by, this compact, and the
617	617	compact commission.
618	618	(o) “Home state” means the member state that is the licensee's primary state
619	619	of residence or that has been designated pursuant to sub. (6).
620	620	(p) “Investigative information” means information, records, and documents
621	621	received or generated by a licensing authority pursuant to an investigation.
622	622	(q) “Jurisprudence requirement” means an assessment of an individual's
623	623	knowledge of the state laws and regulations governing the practice of dietetics in
624	624	such state.
625	625	(r) “License” means an authorization from a member state to either:
626	626	1. Engage in the practice of dietetics (including medical nutrition therapy); or
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651	651	MED:emw
652	652	SECTION 30 ASSEMBLY BILL 1153
653	653	2. Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,”
654	654	“certified dietitian,” or other title describing a substantially similar practitioner as
655	655	the compact commission may further define by rule.
656	656	(s) “Licensee” or “licensed dietitian” means an individual who currently holds
657	657	a license and who meets all of the requirements outlined in sub. (4).
658	658	(t) “Licensing authority” means the board or agency of a state, or equivalent,
659	659	that is responsible for the licensing and regulation of the practice of dietetics.
660	660	(u) “Member state” means a state that has enacted the compact.
661	661	(v) “Practice of dietetics” means the synthesis and application of dietetics,
662	662	primarily for the provision of nutrition care services, including medical nutrition
663	663	therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical
664	664	conditions and promote wellness.
665	665	(w) “Registered dietitian” means a person who:
666	666	1. Has completed applicable education, experience, examination, and
667	667	recertification requirements approved by CDR;
668	668	2. Is credentialed by CDR as a registered dietitian or a registered dietitian
669	669	nutritionist; and
670	670	3. Is legally authorized to use the title registered dietitian or registered
671	671	dietitian nutritionist and the corresponding abbreviations “RD” or “RDN.”
672	672	(x) “Remote state” means a member state other than the home state, where a
673	673	licensee is exercising or seeking to exercise a compact privilege.
674	674	(y) “Rule” means a regulation promulgated by the compact commission that has
675	675	the force of law.
676	676	(z) “Single state license” means a license issued by a member state within the
677	677	issuing state and does not include a compact privilege in any other member state.
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702	702	25 - 15 -2023 - 2024 Legislature
703	703	LRB-5329/1
704	704	MED:emw
705	705	SECTION 30
706	706	ASSEMBLY BILL 1153
707	707	(za) “State” means any state, commonwealth, district, or territory of the United
708	708	States.
709	709	(zb) “Unencumbered license” means a license that authorizes a licensee to
710	710	engage in the full and unrestricted practice of dietetics.
711	711	(3) STATE PARTICIPATION IN THE COMPACT. (a) To participate in the compact, a
712	712	state must currently:
713	713	1. License and regulate the practice of dietetics; and
714	714	2. Have a mechanism in place for receiving and investigating complaints about
715	715	licensees.
716	716	(b) A member state shall:
717	717	1. Participate fully in the compact commission's data system, including using
718	718	the unique identifier, as defined in rules;
719	719	2. Notify the compact commission, in compliance with the terms of the compact
720	720	and rules, of any adverse action or the availability of current significant investigative
721	721	information regarding a licensee;
722	722	3. Implement or utilize procedures for considering the criminal history record
723	723	information of applicants for an initial compact privilege. These procedures shall
724	724	include the submission of fingerprints or other biometric-based information by
725	725	applicants for the purpose of obtaining an applicant's criminal history record
726	726	information from the federal bureau of investigation and the agency responsible for
727	727	retaining that state's criminal records;
728	728	a. A member state must fully implement a criminal history record information
729	729	requirement, within a time frame established by rule, which includes receiving the
730	730	results of the federal bureau of investigation record search and shall use those
731	731	results in determining compact privilege eligibility.
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757	757	MED:emw
758	758	SECTION 30 ASSEMBLY BILL 1153
759	759	b. Communication between a member state and the compact commission or
760	760	among member states regarding the verification of eligibility for a compact privilege
761	761	shall not include any information received from the federal bureau of investigation
762	762	relating to a federal criminal history record information check performed by a
763	763	member state.
764	764	4. Comply with and enforce the rules of the compact commission;
765	765	5. Require an applicant for a compact privilege to obtain or retain a license in
766	766	the licensee's home state and meet the home state's qualifications for licensure or
767	767	renewal of licensure, as well as all other applicable state laws; and
768	768	6. Recognize a compact privilege granted to a licensee who meets all of the
769	769	requirements outlined in sub. (4) in accordance with the terms of the compact and
770	770	rules.
771	771	(c) Member states may set and collect a fee for granting a compact privilege.
772	772	(d) Individuals not residing in a member state shall continue to be able to apply
773	773	for a member state's single state license as provided under the laws of each member
774	774	state. However, the single state license granted to these individuals shall not be
775	775	recognized as granting a compact privilege to engage in the practice of dietetics in
776	776	any other member state.
777	777	(e) Nothing in this compact shall affect the requirements established by a
778	778	member state for the issuance of a single state license.
779	779	(f) At no point shall the compact commission have the power to define the
780	780	requirements for the issuance of a single state license to practice dietetics. The
781	781	member states shall retain sole jurisdiction over the provision of these requirements.
782	782	(4) COMPACT PRIVILEGE. (a) To exercise the compact privilege under the terms
783	783	and provisions of the compact, the licensee shall:
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808	808	25 - 17 -2023 - 2024 Legislature
809	809	LRB-5329/1
810	810	MED:emw
811	811	SECTION 30
812	812	ASSEMBLY BILL 1153
813	813	1. Satisfy one of the following:
814	814	a. Hold a valid current registration that gives the applicant the right to use the
815	815	term registered dietitian; or
816	816	b. Complete all of the following:
817	817	i. An education program which is either:
818	818	a) A master's degree or doctoral degree that is programmatically accredited by
819	819	(i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S. department
820	820	of education, which the compact commission may by rule determine, and from a
821	821	college or university accredited at the time of graduation by the appropriate regional
822	822	accrediting agency recognized by the Council on Higher Education Accreditation and
823	823	the U.S. department of education.
824	824	b) An academic degree from a college or university in a foreign country
825	825	equivalent to the degree described in subparagraph (a) that is programmatically
826	826	accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S.
827	827	department of education, which the compact commission may by rule determine.
828	828	ii. A planned, documented, supervised practice experience in dietetics that is
829	829	programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency
830	830	recognized by the U.S. department of education which the compact commission may
831	831	by rule determine and which involves at least 1,000 hours of practice experience
832	832	under the supervision of a registered dietitian or a licensed dietitian.
833	833	iii. Successful completion of either: (i) the registration examination for
834	834	dietitians administered by CDR, or (ii) a national credentialing examination for
835	835	dietitians approved by the compact commission by rule; such completion being no
836	836	more than 5 years prior to the date of the licensee's application for initial licensure
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861	861	MED:emw
862	862	SECTION 30 ASSEMBLY BILL 1153
863	863	and accompanied by a period of continuous licensure thereafter, all of which may be
864	864	further governed by the rules of the compact commission.
865	865	2. Hold an unencumbered license in the home state;
866	866	3. Notify the compact commission that the licensee is seeking a compact
867	867	privilege within a remote state;
868	868	4. Pay any applicable fees, including any state fee, for the compact privilege;
869	869	5. Meet any jurisprudence requirements established by the remote state in
870	870	which the licensee is seeking a compact privilege; and
871	871	6. Report to the compact commission any adverse action, encumbrance, or
872	872	restriction on a license taken by any nonmember state within 30 days from the date
873	873	the action is taken.
874	874	(b) The compact privilege is valid until the expiration date of the home state
875	875	license. To maintain a compact privilege, renewal of the compact privilege shall be
876	876	congruent with the renewal of the home state license as the compact commission may
877	877	define by rule. The licensee must comply with the requirements of par. (a) to
878	878	maintain the compact privilege in the remote state.
879	879	(c) A licensee exercising a compact privilege shall adhere to the laws and
880	880	regulations of the remote state. Licensees shall be responsible for educating
881	881	themselves on, and complying with, any and all state laws relating to the practice
882	882	of dietetics in such remote state.
883	883	(d) Notwithstanding anything to the contrary provided in this compact or state
884	884	law, a licensee exercising a compact privilege shall not be required to complete
885	885	continuing education requirements required by a remote state. A licensee exercising
886	886	a compact privilege is only required to meet any continuing education requirements
887	887	as required by the home state.
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912	912	25 - 19 -2023 - 2024 Legislature
913	913	LRB-5329/1
914	914	MED:emw
915	915	SECTION 30
916	916	ASSEMBLY BILL 1153
917	917	(5) OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE. (a) A
918	918	licensee may hold a home state license, which allows for a compact privilege in other
919	919	member states, in only one member state at a time.
920	920	(b) If a licensee changes home state by moving between two member states:
921	921	1. The licensee shall file an application for obtaining a new home state license
922	922	based on a compact privilege, pay all applicable fees, and notify the current and new
923	923	home state in accordance with the rules of the compact commission.
924	924	2. Upon receipt of an application for obtaining a new home state license by
925	925	virtue of a compact privilege, the new home state shall verify that the licensee meets
926	926	the criteria in sub. (4) via the data system, and require that the licensee complete the
927	927	following:
928	928	a. Federal bureau of investigation fingerprint based criminal history record
929	929	information check;
930	930	b. Any other criminal history record information required by the new home
931	931	state; and
932	932	c. Any jurisprudence requirements of the new home state.
933	933	3. The former home state shall convert the former home state license into a
934	934	compact privilege once the new home state has activated the new home state license
935	935	in accordance with applicable rules adopted by the compact commission.
936	936	4. Notwithstanding any other provision of this compact, if the licensee cannot
937	937	meet the criteria in sub. (4), the new home state may apply its requirements for
938	938	issuing a new single state license.
939	939	5. The licensee shall pay all applicable fees to the new home state in order to
940	940	be issued a new home state license.
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965	965	MED:emw
966	966	SECTION 30 ASSEMBLY BILL 1153
967	967	(c) If a licensee changes their state of residence by moving from a member state
968	968	to a nonmember state, or from a nonmember state to a member state, the state
969	969	criteria shall apply for issuance of a single state license in the new state.
970	970	(d) Nothing in this compact shall interfere with a licensee's ability to hold a
971	971	single state license in multiple states; however, for the purposes of this compact, a
972	972	licensee shall have only one home state license.
973	973	(e) Nothing in this compact shall affect the requirements established by a
974	974	member state for the issuance of a single state license.
975	975	(6) ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. An active military member, or
976	976	their spouse, shall designate a home state where the individual has a current license
977	977	in good standing. The individual may retain the home state designation during the
978	978	period the service member is on active duty.
979	979	(7) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
980	980	a remote state shall have the authority, in accordance with existing state due process
981	981	law, to:
982	982	1. Take adverse action against a licensee's compact privilege within that
983	983	member state; and
984	984	2. Issue subpoenas for both hearings and investigations that require the
985	985	attendance and testimony of witnesses as well as the production of evidence.
986	986	Subpoenas issued by a licensing authority in a member state for the attendance and
987	987	testimony of witnesses or the production of evidence from another member state
988	988	shall be enforced in the latter state by any court of competent jurisdiction, according
989	989	to the practice and procedure applicable to subpoenas issued in proceedings pending
990	990	before that court. The issuing authority shall pay any witness fees, travel expenses,
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1015	1015	LRB-5329/1
1016	1016	MED:emw
1017	1017	SECTION 30
1018	1018	ASSEMBLY BILL 1153
1019	1019	mileage, and other fees required by the service statutes of the state in which the
1020	1020	witnesses or evidence are located.
1021	1021	(b) Only the home state shall have the power to take adverse action against a
1022	1022	licensee's home state license.
1023	1023	(c) For purposes of taking adverse action, the home state shall give the same
1024	1024	priority and effect to reported conduct received from a member state as it would if
1025	1025	the conduct had occurred within the home state. In so doing, the home state shall
1026	1026	apply its own state laws to determine appropriate action.
1027	1027	(d) The home state shall complete any pending investigations of a licensee who
1028	1028	changes home states during the course of the investigations. The home state shall
1029	1029	also have authority to take appropriate action and shall promptly report the
1030	1030	conclusions of the investigations to the administrator of the data system. The
1031	1031	administrator of the data system shall promptly notify the new home state of any
1032	1032	adverse actions.
1033	1033	(e) A member state, if otherwise permitted by state law, may recover from the
1034	1034	affected licensee the costs of investigations and dispositions of cases resulting from
1035	1035	any adverse action taken against that licensee.
1036	1036	(f) A member state may take adverse action based on the factual findings of
1037	1037	another remote state, provided that the member state follows its own procedures for
1038	1038	taking the adverse action.
1039	1039	(g) Joint investigations. 1. In addition to the authority granted to a member
1040	1040	state by its respective state law, any member state may participate with other
1041	1041	member states in joint investigations of licensees.
1042	1042	2. Member states shall share any investigative, litigation, or compliance
1043	1043	materials in furtherance of any joint investigation initiated under the compact.
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1070	1070	SECTION 30 ASSEMBLY BILL 1153
1071	1071	(h) If adverse action is taken by the home state against a licensee's home state
1072	1072	license resulting in an encumbrance on the home state license, the licensee's compact
1073	1073	privilege in all other member states shall be revoked until all encumbrances have
1074	1074	been removed from the home state license. All home state disciplinary orders that
1075	1075	impose adverse action against a licensee shall include a statement that the licensee's
1076	1076	compact privileges are revoked in all member states during the pendency of the
1077	1077	order.
1078	1078	(i) Once an encumbered license in the home state is restored to an
1079	1079	unencumbered license (as certified by the home state's licensing authority), the
1080	1080	licensee must meet the requirements of sub. (4) (a) and follow the administrative
1081	1081	requirements to reapply to obtain a compact privilege in any remote state.
1082	1082	(j) If a member state takes adverse action, it shall promptly notify the
1083	1083	administrator of the data system. The administrator of the data system shall
1084	1084	promptly notify the other member states of any adverse actions.
1085	1085	(k) Nothing in this compact shall override a member state's decision that
1086	1086	participation in an alternative program may be used in lieu of adverse action.
1087	1087	(8) ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION. (a) The
1088	1088	compact member states hereby create and establish a joint government agency
1089	1089	whose membership consists of all member states that have enacted the compact
1090	1090	known as the dietitian licensure compact commission. The compact commission is
1091	1091	an instrumentality of the compact states acting jointly and not an instrumentality
1092	1092	of any one state. The compact commission shall come into existence on or after the
1093	1093	effective date of the compact as set forth in sub. (12).
1094	1094	(b) Membership, voting, and meetings. 1. Each member state shall have and
1095	1095	be limited to one delegate selected by that member state's licensing authority.
1096	1096	1
1097	1097	2
1098	1098	3
1099	1099	4
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1122	1122	MED:emw
1123	1123	SECTION 30
1124	1124	ASSEMBLY BILL 1153
1125	1125	2. The delegate shall be the primary administrator of the licensing authority
1126	1126	or their designee.
1127	1127	3. The compact commission shall by rule or bylaw establish a term of office for
1128	1128	delegates and may by rule or bylaw establish term limits.
1129	1129	4. The compact commission may recommend removal or suspension of any
1130	1130	delegate from office.
1131	1131	5. A member state's licensing authority shall fill any vacancy of its delegate
1132	1132	occurring on the compact commission within 60 days of the vacancy.
1133	1133	6. Each delegate shall be entitled to one vote on all matters before the compact
1134	1134	commission requiring a vote by the delegates.
1135	1135	7. Delegates shall meet and vote by such means as set forth in the bylaws. The
1136	1136	bylaws may provide for delegates to meet and vote in person or by
1137	1137	telecommunication, video conference, or other means of communication.
1138	1138	8. The compact commission shall meet at least once during each calendar year.
1139	1139	Additional meetings may be held as set forth in the bylaws. The compact commission
1140	1140	may meet in person or by telecommunication, video conference, or other means of
1141	1141	communication.
1142	1142	(c) The compact commission shall have the following powers:
1143	1143	1. Establish the fiscal year of the compact commission;
1144	1144	2. Establish code of conduct and conflict of interest policies;
1145	1145	3. Establish and amend rules and bylaws;
1146	1146	4. Maintain its financial records in accordance with the bylaws;
1147	1147	5. Meet and take such actions as are consistent with the provisions of this
1148	1148	compact, the compact commission's rules, and the bylaws;
1149	1149	1
1150	1150	2
1151	1151	3
1152	1152	4
1153	1153	5
1154	1154	6
1155	1155	7
1156	1156	8
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1173	1173	MED:emw
1174	1174	SECTION 30 ASSEMBLY BILL 1153
1175	1175	6. Initiate and conclude legal proceedings or actions in the name of the compact
1176	1176	commission, provided that the standing of any licensing authority to sue or be sued
1177	1177	under applicable law shall not be affected;
1178	1178	7. Maintain and certify records and information provided to a member state as
1179	1179	the authenticated business records of the compact commission, and designate an
1180	1180	agent to do so on the compact commission's behalf;
1181	1181	8. Purchase and maintain insurance and bonds;
1182	1182	9. Borrow, accept, or contract for services of personnel, including, but not
1183	1183	limited to, employees of a member state;
1184	1184	10. Conduct an annual financial review;
1185	1185	11. Hire employees, elect or appoint officers, fix compensation, define duties,
1186	1186	grant such individuals appropriate authority to carry out the purposes of the
1187	1187	compact, and establish the compact commission's personnel policies and programs
1188	1188	relating to conflicts of interest, qualifications of personnel, and other related
1189	1189	personnel matters;
1190	1190	12. Assess and collect fees;
1191	1191	13. Accept any and all appropriate donations, grants of money, other sources
1192	1192	of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize,
1193	1193	and dispose of the same; provided that at all times the compact commission shall
1194	1194	avoid any actual or appearance of impropriety or conflict of interest;
1195	1195	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
1196	1196	personal, or mixed, or any undivided interest therein;
1197	1197	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1198	1198	dispose of any property real, personal, or mixed;
1199	1199	16. Establish a budget and make expenditures;
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1226	1226	MED:emw
1227	1227	SECTION 30
1228	1228	ASSEMBLY BILL 1153
1229	1229	17. Borrow money;
1230	1230	18. Appoint committees, including standing committees, composed of
1231	1231	members, state regulators, state legislators or their representatives, and consumer
1232	1232	representatives, and such other interested persons as may be designated in this
1233	1233	compact or the bylaws;
1234	1234	19. Provide and receive information from, and cooperate with, law enforcement
1235	1235	agencies;
1236	1236	20. Establish and elect an executive committee, including a chair and a vice
1237	1237	chair;
1238	1238	21. Determine whether a state's adopted language is materially different from
1239	1239	the model compact language such that the state would not qualify for participation
1240	1240	in the compact; and
1241	1241	22. Perform such other functions as may be necessary or appropriate to achieve
1242	1242	the purposes of this compact.
1243	1243	(d) The executive committee. 1. The executive committee shall have the power
1244	1244	to act on behalf of the compact commission according to the terms of this compact.
1245	1245	The powers, duties, and responsibilities of the executive committee shall include:
1246	1246	a. Oversee the day-to-day activities of the administration of the compact
1247	1247	including enforcement and compliance with the provisions of the compact, its rules
1248	1248	and bylaws, and other such duties as deemed necessary;
1249	1249	b. Recommend to the compact commission changes to the rules or bylaws,
1250	1250	changes to this compact legislation, fees charged to compact member states, fees
1251	1251	charged to licensees, and other fees;
1252	1252	c. Ensure compact administration services are appropriately provided,
1253	1253	including by contract;
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1280	1280	SECTION 30 ASSEMBLY BILL 1153
1281	1281	d. Prepare and recommend the budget;
1282	1282	e. Maintain financial records on behalf of the compact commission;
1283	1283	f. Monitor compact compliance of member states and provide compliance
1284	1284	reports to the compact commission;
1285	1285	g. Establish additional committees as necessary;
1286	1286	h. Exercise the powers and duties of the compact commission during the
1287	1287	interim between compact commission meetings, except for adopting or amending
1288	1288	rules, adopting or amending bylaws, and exercising any other powers and duties
1289	1289	expressly reserved to the compact commission by rule or bylaw; and
1290	1290	i. Other duties as provided in the rules or bylaws of the compact commission.
1291	1291	2. The executive committee shall be composed of nine members:
1292	1292	a. The chair and vice chair of the compact commission shall be voting members
1293	1293	of the executive committee;
1294	1294	b. Five voting members from the current membership of the compact
1295	1295	commission, elected by the compact commission;
1296	1296	c. One ex officio, nonvoting member from a recognized professional association
1297	1297	representing dietitians; and
1298	1298	d. One ex officio, nonvoting member from a recognized national credentialing
1299	1299	organization for dietitians.
1300	1300	3. The compact commission may remove any member of the executive
1301	1301	committee as provided in the compact commission's bylaws.
1302	1302	4. The executive committee shall meet at least annually.
1303	1303	a. Executive committee meetings shall be open to the public, except that the
1304	1304	executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
1305	1305	2.
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1331	1331	LRB-5329/1
1332	1332	MED:emw
1333	1333	SECTION 30
1334	1334	ASSEMBLY BILL 1153
1335	1335	b. The executive committee shall give 30 days' notice of its meetings, posted on
1336	1336	the website of the compact commission and as determined to provide notice to
1337	1337	persons with an interest in the business of the compact commission.
1338	1338	c. The executive committee may hold a special meeting in accordance with par.
1339	1339	(f) 1. b.
1340	1340	(e) The compact commission shall adopt and provide to the member states an
1341	1341	annual report.
1342	1342	(f) Meetings of the compact commission. 1. All meetings shall be open to the
1343	1343	public, except that the compact commission may meet in a closed, nonpublic meeting
1344	1344	as provided in subd. 2.
1345	1345	a. Public notice for all meetings of the full compact commission shall be given
1346	1346	in the same manner as required under the rule-making provisions in sub. (10),
1347	1347	except that the compact commission may hold a special meeting as provided in subd.
1348	1348	1. b.
1349	1349	b. The compact commission may hold a special meeting when it must meet to
1350	1350	conduct emergency business by giving 24 hours' notice to all member states, on the
1351	1351	compact commission's website, and other means as provided in the compact
1352	1352	commission's rules. The compact commission's legal counsel shall certify that the
1353	1353	compact commission's need to meet qualifies as an emergency.
1354	1354	2. The compact commission or the executive committee or other committees of
1355	1355	the compact commission may convene in a closed, nonpublic meeting for the compact
1356	1356	commission or executive committee or other committees of the compact commission
1357	1357	to receive legal advice or to discuss:
1358	1358	a. Noncompliance of a member state with its obligations under the compact;
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1360	1360	2
1361	1361	3
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1383	1383	MED:emw
1384	1384	SECTION 30 ASSEMBLY BILL 1153
1385	1385	b. The employment, compensation, discipline, or other matters, practices, or
1386	1386	procedures related to specific employees;
1387	1387	c. Current or threatened discipline of a licensee by the compact commission or
1388	1388	by a member state's licensing authority;
1389	1389	d. Current, threatened, or reasonably anticipated litigation;
1390	1390	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1391	1391	real estate;
1392	1392	f. Accusing any person of a crime or formally censuring any person;
1393	1393	g. Trade secrets or commercial or financial information that is privileged or
1394	1394	confidential;
1395	1395	h. Information of a personal nature where disclosure would constitute a clearly
1396	1396	unwarranted invasion of personal privacy;
1397	1397	i. Investigative records compiled for law enforcement purposes;
1398	1398	j. Information related to any investigative reports prepared by or on behalf of
1399	1399	or for use of the compact commission or other committee charged with responsibility
1400	1400	of investigation or determination of compliance issues pursuant to the compact;
1401	1401	k. Matters specifically exempted from disclosure by federal or member state
1402	1402	law; or
1403	1403	L. Other matters as specified in the rules of the compact commission.
1404	1404	3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
1405	1405	that the meeting will be closed and reference each relevant exempting provision, and
1406	1406	such reference shall be recorded in the minutes.
1407	1407	4. The compact commission shall keep minutes that fully and clearly describe
1408	1408	all matters discussed in a meeting and shall provide a full and accurate summary of
1409	1409	actions taken, and the reasons therefore, including a description of the views
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1435	1435	LRB-5329/1
1436	1436	MED:emw
1437	1437	SECTION 30
1438	1438	ASSEMBLY BILL 1153
1439	1439	expressed. All documents considered in connection with an action shall be identified
1440	1440	in such minutes. All minutes and documents of a closed meeting shall remain under
1441	1441	seal, subject to release only by a majority vote of the compact commission or order
1442	1442	of a court of competent jurisdiction.
1443	1443	(g) Financing of the compact commission. 1. The compact commission shall
1444	1444	pay, or provide for the payment of, the reasonable expenses of its establishment,
1445	1445	organization, and ongoing activities.
1446	1446	2. The compact commission may accept any and all appropriate revenue
1447	1447	sources as provided in par. (c) 13.
1448	1448	3. The compact commission may levy on and collect an annual assessment from
1449	1449	each member state and impose fees on licensees of member states to whom it grants
1450	1450	a compact privilege to cover the cost of the operations and activities of the compact
1451	1451	commission and its staff, which must, in a total amount, be sufficient to cover its
1452	1452	annual budget as approved each year for which revenue is not provided by other
1453	1453	sources. The aggregate annual assessment amount for member states shall be
1454	1454	allocated based upon a formula that the compact commission shall promulgate by
1455	1455	rule.
1456	1456	4. The compact commission shall not incur obligations of any kind prior to
1457	1457	securing the funds adequate to meet the same; nor shall the compact commission
1458	1458	pledge the credit of any of the member states, except by and with the authority of the
1459	1459	member state.
1460	1460	5. The compact commission shall keep accurate accounts of all receipts and
1461	1461	disbursements. The receipts and disbursements of the compact commission shall be
1462	1462	subject to the financial review and accounting procedures established under its
1463	1463	bylaws. However, all receipts and disbursements of funds handled by the compact
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1465	1465	2
1466	1466	3
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1489	1489	MED:emw
1490	1490	SECTION 30 ASSEMBLY BILL 1153
1491	1491	commission shall be subject to an annual financial review by a certified or licensed
1492	1492	public accountant, and the report of the financial review shall be included in and
1493	1493	become part of the annual report of the compact commission.
1494	1494	(h) Qualified immunity, defense, and indemnification. 1. The members,
1495	1495	officers, executive director, employees and representatives of the compact
1496	1496	commission shall be immune from suit and liability, both personally and in their
1497	1497	official capacity, for any claim for damage to or loss of property or personal injury or
1498	1498	other civil liability caused by or arising out of any actual or alleged act, error, or
1499	1499	omission that occurred, or that the person against whom the claim is made had a
1500	1500	reasonable basis for believing occurred within the scope of compact commission
1501	1501	employment, duties, or responsibilities; provided that nothing in this subdivision
1502	1502	shall be construed to protect any such person from suit or liability for any damage,
1503	1503	loss, injury, or liability caused by the intentional or willful or wanton misconduct of
1504	1504	that person. The procurement of insurance of any type by the compact commission
1505	1505	shall not in any way compromise or limit the immunity granted hereunder.
1506	1506	2. The compact commission shall defend any member , officer, executive
1507	1507	director, employee, and representative of the compact commission in any civil action
1508	1508	seeking to impose liability arising out of any actual or alleged act, error, or omission
1509	1509	that occurred within the scope of compact commission employment, duties, or
1510	1510	responsibilities, or as determined by the compact commission that the person
1511	1511	against whom the claim is made had a reasonable basis for believing occurred within
1512	1512	the scope of compact commission employment, duties, or responsibilities; provided
1513	1513	that nothing herein shall be construed to prohibit that person from retaining their
1514	1514	own counsel at their own expense; and provided further, that the actual or alleged
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1540	1540	MED:emw
1541	1541	SECTION 30
1542	1542	ASSEMBLY BILL 1153
1543	1543	act, error, or omission did not result from that person's intentional or willful or
1544	1544	wanton misconduct.
1545	1545	3. The compact commission shall indemnify and hold harmless any member,
1546	1546	officer, executive director, employee, and representative of the compact commission
1547	1547	for the amount of any settlement or judgment obtained against that person arising
1548	1548	out of any actual or alleged act, error, or omission that occurred within the scope of
1549	1549	compact commission employment, duties, or responsibilities, or that such person had
1550	1550	a reasonable basis for believing occurred within the scope of compact commission
1551	1551	employment, duties, or responsibilities, provided that the actual or alleged act, error,
1552	1552	or omission did not result from the intentional or willful or wanton misconduct of that
1553	1553	person.
1554	1554	4. Nothing herein shall be construed as a limitation on the liability of any
1555	1555	licensee for professional malpractice or misconduct, which shall be governed solely
1556	1556	by any other applicable state laws.
1557	1557	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
1558	1558	a member state's state action immunity or state action affirmative defense with
1559	1559	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
1560	1560	or federal antitrust or anticompetitive law or regulation.
1561	1561	6. Nothing in this compact shall be construed to be a waiver of sovereign
1562	1562	immunity by the member states or by the compact commission.
1563	1563	(9) DATA SYSTEM. (a) The compact commission shall provide for the
1564	1564	development, maintenance, operation, and utilization of a coordinated data system.
1565	1565	(b) The compact commission shall assign each applicant for a compact privilege
1566	1566	a unique identifier, as determined by the rules.
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1592	1592	SECTION 30 ASSEMBLY BILL 1153
1593	1593	(c) Notwithstanding any other provision of state law to the contrary, a member
1594	1594	state shall submit a uniform data set to the data system on all individuals to whom
1595	1595	this compact is applicable as required by the rules of the compact commission,
1596	1596	including:
1597	1597	1. Identifying information;
1598	1598	2. Licensure data;
1599	1599	3. Adverse actions against a license or compact privilege and information
1600	1600	related thereto;
1601	1601	4. Nonconfidential information related to alternative program participation,
1602	1602	the beginning and ending dates of such participation, and other information related
1603	1603	to such participation not made confidential under member state law;
1604	1604	5. Any denial of application for licensure, and the reason for such denial;
1605	1605	6. The presence of current significant investigative information; and
1606	1606	7. Other information that may facilitate the administration of this compact or
1607	1607	the protection of the public, as determined by the rules of the compact commission.
1608	1608	(d) The records and information provided to a member state pursuant to this
1609	1609	compact or through the data system, when certified by the compact commission or
1610	1610	an agent thereof, shall constitute the authenticated business records of the compact
1611	1611	commission, and shall be entitled to any associated hearsay exception in any
1612	1612	relevant judicial, quasi-judicial, or administrative proceedings in a member state.
1613	1613	(e) Current significant investigative information pertaining to a licensee in any
1614	1614	member state will only be available to other member states.
1615	1615	(f) It is the responsibility of the member states to report any adverse action
1616	1616	against a licensee and to monitor the data system to determine whether any adverse
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1640	1640	24 - 33 -2023 - 2024 Legislature
1641	1641	LRB-5329/1
1642	1642	MED:emw
1643	1643	SECTION 30
1644	1644	ASSEMBLY BILL 1153
1645	1645	action has been taken against a licensee. Adverse action information pertaining to
1646	1646	a licensee in any member state will be available to any other member state.
1647	1647	(g) Member states contributing information to the data system may designate
1648	1648	information that may not be shared with the public without the express permission
1649	1649	of the contributing state.
1650	1650	(h) Any information submitted to the data system that is subsequently
1651	1651	expunged pursuant to federal law or the laws of the member state contributing the
1652	1652	information shall be removed from the data system.
1653	1653	(10) RULE MAKING. (a) The compact commission shall promulgate reasonable
1654	1654	rules in order to effectively and efficiently implement and administer the purposes
1655	1655	and provisions of the compact. A rule shall be invalid and have no force or effect only
1656	1656	if a court of competent jurisdiction holds that the rule is invalid because the compact
1657	1657	commission exercised its rule-making authority in a manner that is beyond the
1658	1658	scope and purposes of the compact, or the powers granted hereunder, or based upon
1659	1659	another applicable standard of review.
1660	1660	(b) The rules of the compact commission shall have the force of law in each
1661	1661	member state, provided however that where the rules conflict with the laws or
1662	1662	regulations of a member state that relate to the procedures, actions, and processes
1663	1663	a licensed dietitian is permitted to undertake in that state and the circumstances
1664	1664	under which they may do so, as held by a court of competent jurisdiction, the rules
1665	1665	of the compact commission shall be ineffective in that state to the extent of the
1666	1666	conflict.
1667	1667	(c) The compact commission shall exercise its rule-making powers pursuant
1668	1668	to the criteria set forth in this subsection and the rules adopted thereunder. Rules
1669	1669	1
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1692	1692	24 - 34 -2023 - 2024 Legislature LRB-5329/1
1693	1693	MED:emw
1694	1694	SECTION 30 ASSEMBLY BILL 1153
1695	1695	shall become binding on the day following adoption or as of the date specified in the
1696	1696	rule or amendment, whichever is later.
1697	1697	(d) If a majority of the legislatures of the member states rejects a rule or portion
1698	1698	of a rule, by enactment of a statute or resolution in the same manner used to adopt
1699	1699	the compact within 4 years of the date of adoption of the rule, then such rule shall
1700	1700	have no further force and effect in any member state.
1701	1701	(e) Rules shall be adopted at a regular or special meeting of the compact
1702	1702	commission.
1703	1703	(f) Prior to adoption of a proposed rule, the compact commission shall hold a
1704	1704	public hearing and allow persons to provide oral and written comments, data, facts,
1705	1705	opinions, and arguments.
1706	1706	(g) Prior to adoption of a proposed rule by the compact commission, and at least
1707	1707	30 days in advance of the meeting at which the compact commission will hold a public
1708	1708	hearing on the proposed rule, the compact commission shall provide a notice of
1709	1709	proposed rule making:
1710	1710	1. On the website of the compact commission or other publicly accessible
1711	1711	platform;
1712	1712	2. To persons who have requested notice of the compact commission's notices
1713	1713	of proposed rule making; and
1714	1714	3. In such other way as the compact commission may by rule specify.
1715	1715	(h) The notice of proposed rule making shall include:
1716	1716	1. The time, date, and location of the public hearing at which the compact
1717	1717	commission will hear public comments on the proposed rule and, if different, the
1718	1718	time, date, and location of the meeting where the compact commission will consider
1719	1719	and vote on the proposed rule;
1720	1720	1
1721	1721	2
1722	1722	3
1723	1723	4
1724	1724	5
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1744	1744	25 - 35 -2023 - 2024 Legislature
1745	1745	LRB-5329/1
1746	1746	MED:emw
1747	1747	SECTION 30
1748	1748	ASSEMBLY BILL 1153
1749	1749	2. If the hearing is held via telecommunication, video conference, or other
1750	1750	means of communication, the compact commission shall include the mechanism for
1751	1751	access to the hearing in the notice of proposed rule making;
1752	1752	3. The text of the proposed rule and the reason therefore;
1753	1753	4. A request for comments on the proposed rule from any interested person; and
1754	1754	5. The manner in which interested persons may submit written comments.
1755	1755	(i) All hearings will be recorded. A copy of the recording and all written
1756	1756	comments and documents received by the compact commission in response to the
1757	1757	proposed rule shall be available to the public.
1758	1758	(j) Nothing in this subsection shall be construed as requiring a separate
1759	1759	hearing on each rule. Rules may be grouped for the convenience of the compact
1760	1760	commission at hearings required by this subsection.
1761	1761	(k) The compact commission shall, by majority vote of all members, take final
1762	1762	action on the proposed rule based on the rule-making record and the full text of the
1763	1763	rule.
1764	1764	1. The compact commission may adopt changes to the proposed rule provided
1765	1765	the changes do not enlarge the original purpose of the proposed rule.
1766	1766	2. The compact commission shall provide an explanation of the reasons for
1767	1767	substantive changes made to the proposed rule as well as reasons for substantive
1768	1768	changes not made that were recommended by commenters.
1769	1769	3. The compact commission shall determine a reasonable effective date for the
1770	1770	rule. Except for an emergency as provided in par. (L), the effective date of the rule
1771	1771	shall be no sooner than 30 days after issuing the notice that it adopted or amended
1772	1772	the rule.
1773	1773	1
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1775	1775	3
1776	1776	4
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1796	1796	24 - 36 -2023 - 2024 Legislature LRB-5329/1
1797	1797	MED:emw
1798	1798	SECTION 30 ASSEMBLY BILL 1153
1799	1799	(L) Upon determination that an emergency exists, the compact commission
1800	1800	may consider and adopt an emergency rule with 24 hours' notice, with opportunity
1801	1801	to comment, provided that the usual rule-making procedures provided in the
1802	1802	compact and in this subsection shall be retroactively applied to the rule as soon as
1803	1803	reasonably possible, in no event later than 90 days after the effective date of the rule.
1804	1804	For the purposes of this provision, an emergency rule is one that must be adopted
1805	1805	immediately in order to:
1806	1806	1. Meet an imminent threat to public health, safety, or welfare;
1807	1807	2. Prevent a loss of compact commission or member state funds;
1808	1808	3. Meet a deadline for the promulgation of a rule that is established by federal
1809	1809	law or rule; or
1810	1810	4. Protect public health and safety.
1811	1811	(m) The compact commission or an authorized committee of the compact
1812	1812	commission may direct revision to a previously adopted rule for purposes of
1813	1813	correcting typographical errors, errors in format, errors in consistency, or
1814	1814	grammatical errors. Public notice of any revision shall be posted on the website of
1815	1815	the compact commission. The revision shall be subject to challenge by any person
1816	1816	for a period of 30 days after posting. The revision may be challenged only on grounds
1817	1817	that the revision results in a material change to a rule. A challenge shall be made
1818	1818	in writing and delivered to the compact commission prior to the end of the notice
1819	1819	period. If no challenge is made, the revision will take effect without further action.
1820	1820	If the revision is challenged, the revision may not take effect without the approval
1821	1821	of the compact commission.
1822	1822	(n) No member state's rule-making requirements shall apply under this
1823	1823	compact.
1824	1824	1
1825	1825	2
1826	1826	3
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1848	1848	25 - 37 -2023 - 2024 Legislature
1849	1849	LRB-5329/1
1850	1850	MED:emw
1851	1851	SECTION 30
1852	1852	ASSEMBLY BILL 1153
1853	1853	(11) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
1854	1854	executive and judicial branches of state government in each member state shall
1855	1855	enforce this compact and take all actions necessary and appropriate to implement
1856	1856	this compact.
1857	1857	2. Except as otherwise provided in this compact, venue is proper and judicial
1858	1858	proceedings by or against the compact commission shall be brought solely and
1859	1859	exclusively in a court of competent jurisdiction where the principal office of the
1860	1860	compact commission is located. The compact commission may waive venue and
1861	1861	jurisdictional defenses to the extent it adopts or consents to participate in alternative
1862	1862	dispute resolution proceedings. Nothing herein shall affect or limit the selection or
1863	1863	propriety of venue in any action against a licensee for professional malpractice,
1864	1864	misconduct, or any such similar matter.
1865	1865	3. The compact commission shall be entitled to receive service of process in any
1866	1866	proceeding regarding the enforcement or interpretation of the compact and shall
1867	1867	have standing to intervene in such a proceeding for all purposes. Failure to provide
1868	1868	the compact commission service of process shall render a judgment or order void as
1869	1869	to the compact commission, this compact, or promulgated rules.
1870	1870	(b) Default, technical assistance, and termination. 1. If the compact
1871	1871	commission determines that a member state has defaulted in the performance of its
1872	1872	obligations or responsibilities under this compact or the promulgated rules, the
1873	1873	compact commission shall provide written notice to the defaulting state. The notice
1874	1874	of default shall describe the default, the proposed means of curing the default, and
1875	1875	any other action that the compact commission may take and shall offer training and
1876	1876	specific technical assistance regarding the default.
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1900	1900	24 - 38 -2023 - 2024 Legislature LRB-5329/1
1901	1901	MED:emw
1902	1902	SECTION 30 ASSEMBLY BILL 1153
1903	1903	2. The compact commission shall provide a copy of the notice of default to the
1904	1904	other member states.
1905	1905	(c) If a state in default fails to cure the default, the defaulting state may be
1906	1906	terminated from the compact upon an affirmative vote of a majority of the delegates
1907	1907	of the member states, and all rights, privileges, and benefits conferred on that state
1908	1908	by this compact may be terminated on the effective date of termination. A cure of the
1909	1909	default does not relieve the offending state of obligations or liabilities incurred
1910	1910	during the period of default.
1911	1911	(d) Termination of membership in the compact shall be imposed only after all
1912	1912	other means of securing compliance have been exhausted. Notice of intent to
1913	1913	suspend or terminate shall be given by the compact commission to the governor, the
1914	1914	majority and minority leaders of the defaulting state's legislature, the defaulting
1915	1915	state's licensing authority, and each of the member states' licensing authority.
1916	1916	(e) A state that has been terminated is responsible for all assessments,
1917	1917	obligations, and liabilities incurred through the effective date of termination,
1918	1918	including obligations that extend beyond the effective date of termination.
1919	1919	(f) Upon the termination of a state's membership from this compact, that state
1920	1920	shall immediately provide notice to all licensees within that state of such
1921	1921	termination. The terminated state shall continue to recognize all compact privileges
1922	1922	granted pursuant to this compact for a minimum of 6 months after the date of said
1923	1923	notice of termination.
1924	1924	(g) The compact commission shall not bear any costs related to a state that is
1925	1925	found to be in default or that has been terminated from the compact, unless agreed
1926	1926	upon in writing between the compact commission and the defaulting state.
1927	1927	1
1928	1928	2
1929	1929	3
1930	1930	4
1931	1931	5
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1950	1950	24 - 39 -2023 - 2024 Legislature
1951	1951	LRB-5329/1
1952	1952	MED:emw
1953	1953	SECTION 30
1954	1954	ASSEMBLY BILL 1153
1955	1955	(h) The defaulting state may appeal the action of the compact commission by
1956	1956	petitioning the U.S. District Court for the District of Columbia or the federal district
1957	1957	where the compact commission has its principal offices. The prevailing party shall
1958	1958	be awarded all costs of such litigation, including reasonable attorney's fees.
1959	1959	(i) Dispute resolution. 1. Upon request by a member state, the compact
1960	1960	commission shall attempt to resolve disputes related to the compact that arise among
1961	1961	member states and between member and nonmember states.
1962	1962	2. The compact commission shall promulgate a rule providing for both
1963	1963	mediation and binding dispute resolution for disputes as appropriate.
1964	1964	(j) Enforcement. 1. By supermajority vote, the compact commission may
1965	1965	initiate legal action against a member state in default in the U.S. District Court for
1966	1966	the District of Columbia or the federal district where the compact commission has
1967	1967	its principal offices to enforce compliance with the provisions of the compact and its
1968	1968	promulgated rules. The relief sought may include both injunctive relief and
1969	1969	damages. In the event judicial enforcement is necessary, the prevailing party shall
1970	1970	be awarded all costs of such litigation, including reasonable attorney's fees. The
1971	1971	remedies herein shall not be the exclusive remedies of the compact commission. The
1972	1972	compact commission may pursue any other remedies available under federal or the
1973	1973	defaulting member state's law.
1974	1974	2. A member state may initiate legal action against the compact commission
1975	1975	in the U.S. District Court for the District of Columbia or the federal district where
1976	1976	the compact commission has its principal offices to enforce compliance with the
1977	1977	provisions of the compact and its promulgated rules. The relief sought may include
1978	1978	both injunctive relief and damages. In the event judicial enforcement is necessary,
1979	1979	1
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2002	2002	24 - 40 -2023 - 2024 Legislature LRB-5329/1
2003	2003	MED:emw
2004	2004	SECTION 30 ASSEMBLY BILL 1153
2005	2005	the prevailing party shall be awarded all costs of such litigation, including
2006	2006	reasonable attorney's fees.
2007	2007	3. No party other than a member state shall enforce this compact against the
2008	2008	compact commission.
2009	2009	(12) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come
2010	2010	into effect on the date on which the compact statute is enacted into law in the 7th
2011	2011	member state.
2012	2012	1. On or after the effective date of the compact, the compact commission shall
2013	2013	convene and review the enactment of each of the first 7 member states (“charter
2014	2014	member states”) to determine if the statute enacted by each such charter member
2015	2015	state is materially different than the model compact statute.
2016	2016	a. A charter member state whose enactment is found to be materially different
2017	2017	from the model compact statute shall be entitled to the default process set forth in
2018	2018	sub. (11).
2019	2019	b. If any member state is later found to be in default, or is terminated, or
2020	2020	withdraws from the compact, the compact commission shall remain in existence and
2021	2021	the compact shall remain in effect even if the number of member states should be less
2022	2022	than 7.
2023	2023	2. Member states enacting the compact subsequent to the 7 initial charter
2024	2024	member states shall be subject to the process set forth in sub. (8) (c) 21. to determine
2025	2025	if their enactments are materially different from the model compact statute and
2026	2026	whether they qualify for participation in the compact.
2027	2027	3. All actions taken for the benefit of the compact commission or in furtherance
2028	2028	of the purposes of the administration of the compact prior to the effective date of the
2029	2029	compact or the compact commission coming into existence shall be considered to be
2030	2030	1
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2054	2054	25 - 41 -2023 - 2024 Legislature
2055	2055	LRB-5329/1
2056	2056	MED:emw
2057	2057	SECTION 30
2058	2058	ASSEMBLY BILL 1153
2059	2059	actions of the compact commission unless specifically repudiated by the compact
2060	2060	commission.
2061	2061	4. Any state that joins the compact subsequent to the compact commission's
2062	2062	initial adoption of the rules and bylaws shall be subject to the rules and bylaws as
2063	2063	they exist on the date on which the compact becomes law in that state. Any rule that
2064	2064	has been previously adopted by the compact commission shall have the full force and
2065	2065	effect of law on the day the compact becomes law in that state.
2066	2066	(b) Any member state may withdraw from this compact by enacting a statute
2067	2067	repealing the same.
2068	2068	1. A member state's withdrawal shall not take effect until 180 days after
2069	2069	enactment of the repealing statute.
2070	2070	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2071	2071	state's licensing authority to comply with the investigative and adverse action
2072	2072	reporting requirements of this compact prior to the effective date of withdrawal.
2073	2073	3. Upon the enactment of a statute withdrawing from this compact, a state
2074	2074	shall immediately provide notice of such withdrawal to all licensees within that
2075	2075	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2076	2076	withdrawing state shall continue to recognize all compact privileges granted
2077	2077	pursuant to this compact for a minimum of 180 days after the date of such notice of
2078	2078	withdrawal.
2079	2079	(c) Nothing contained in this compact shall be construed to invalidate or
2080	2080	prevent any licensure agreement or other cooperative arrangement between a
2081	2081	member state and a nonmember state that does not conflict with the provisions of
2082	2082	this compact.
2083	2083	1
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2085	2085	3
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2106	2106	24 - 42 -2023 - 2024 Legislature LRB-5329/1
2107	2107	MED:emw
2108	2108	SECTION 30 ASSEMBLY BILL 1153
2109	2109	(d) This compact may be amended by the member states. No amendment to this
2110	2110	compact shall become effective and binding upon any member state until it is enacted
2111	2111	into the laws of all member states.
2112	2112	(13) CONSTRUCTION AND SEVERABILITY. (a) This compact and the compact
2113	2113	commission's rule-making authority shall be liberally construed so as to effectuate
2114	2114	the purposes and the implementation and administration of the compact. Provisions
2115	2115	of the compact expressly authorizing or requiring the promulgation of rules shall not
2116	2116	be construed to limit the compact commission's rule-making authority solely for
2117	2117	those purposes.
2118	2118	(b) The provisions of this compact shall be severable and if any phrase, clause,
2119	2119	sentence, or provision of this compact is held by a court of competent jurisdiction to
2120	2120	be contrary to the constitution of any member state, a state seeking participation in
2121	2121	the compact, or of the United States, or the applicability thereof to any government,
2122	2122	agency, person, or circumstance is held to be unconstitutional by a court of competent
2123	2123	jurisdiction, the validity of the remainder of this compact and the applicability
2124	2124	thereof to any other government, agency, person, or circumstance shall not be
2125	2125	affected thereby.
2126	2126	(c) Notwithstanding par. (b), the compact commission may deny a state's
2127	2127	participation in the compact or, in accordance with the requirements of sub. (11) (b),
2128	2128	terminate a member state's participation in the compact, if it determines that a
2129	2129	constitutional requirement of a member state is a material departure from the
2130	2130	compact. Otherwise, if this compact shall be held to be contrary to the constitution
2131	2131	of any member state, the compact shall remain in full force and effect as to the
2132	2132	remaining member states and in full force and effect as to the member state affected
2133	2133	as to all severable matters.
2134	2134	1
2135	2135	2
2136	2136	3
2137	2137	4
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2158	2158	25 - 43 -2023 - 2024 Legislature
2159	2159	LRB-5329/1
2160	2160	MED:emw
2161	2161	SECTION 30
2162	2162	ASSEMBLY BILL 1153
2163	2163	(14) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) Nothing
2164	2164	herein shall prevent or inhibit the enforcement of any other law of a member state
2165	2165	that is not inconsistent with the compact.
2166	2166	(b) Any laws, statutes, regulations, or other legal requirements in a member
2167	2167	state in conflict with the compact are superseded to the extent of the conflict.
2168	2168	(c) All permissible agreements between the compact commission and the
2169	2169	member states are binding in accordance with their terms.
2170	2170	448.9888 Implementation of the dietitian licensure compact. (1) In this
2171	2171	section:
2172	2172	(a) “Compact” means the dietitian licensure compact under s. 448.9887.
2173	2173	(b) “Compact privilege” means a compact privilege, as defined in s. 448.9887
2174	2174	(2) (i), that is granted under the compact to an individual to practice in this state.
2175	2175	(2) The department may impose a fee for an individual to receive a compact
2176	2176	privilege as provided in s. 448.9887 (3) (c).
2177	2177	(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
2178	2178	(13) (am).
2179	2179	(b) Subject to s. 448.9887 and any rules promulgated thereunder, ss. 440.20 to
2180	2180	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
2181	2181	holds a compact privilege in the same manner that they apply to holders of
2182	2182	certificates issued under subch. V.
2183	2183	SECTION 31. 450.10 (3) (a) 5m. of the statutes is amended to read:
2184	2184	450.10 (3) (a) 5m. A dietitian who is certified under subch. V of ch. 448 or who
2185	2185	holds a compact privilege under subch. XIV of ch. 448.
2186	2186	SECTION 32. 632.895 (1) (b) 5. b. of the statutes is repealed and recreated to
2187	2187	read:
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2212	2212	25 - 44 -2023 - 2024 Legislature LRB-5329/1
2213	2213	MED:emw
2214	2214	SECTION 32 ASSEMBLY BILL 1153
2215	2215	632.895 (1) (b) 5. b. A dietitian who is certified under subch. V of ch. 448 or who
2216	2216	holds a compact privilege under subch. XIV of ch. 448.
2217	2217	(END)
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