Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB71 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 71
55 February 26, 2025 - Introduced by Senators TESTIN, CARPENTER, FEYEN, HABUSH
66 SINYKIN, HESSELBEIN, JAMES, MARKLEIN, SPREITZER and RATCLIFF,
77 cosponsored by Representatives BROOKS, BARE, CALLAHAN, DITTRICH,
88 DUCHOW, GUNDRUM, B. JACOBSON, JOERS, KNODL, KRUG, O'CONNOR, SPIROS,
99 SUBECK, TITTL, UDELL and VINING. Referred to Committee on Health.
1010 AN ACT to renumber and amend 448.78; to amend 146.81 (1) (em), 146.997
1111 (1) (d) 6., 252.14 (1) (ar) 4m., 253.065 (3), 253.065 (5), 440.03 (9) (a) (intro.),
1212 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (f), 446.02 (6m),
1313 448.70 (1m), 448.72 (6), 448.74 (1), 448.78 (title), 448.80, 448.82, 448.87 (2)
1414 (intro.), 448.87 (2) (a), 448.956 (1m) and 450.10 (3) (a) 5m.; to repeal and
1515 recreate 632.895 (1) (b) 5. b.; to create 14.833, 440.03 (11m) (c) 2rm., 440.03
1616 (13) (c) 1. gm., 448.70 (1r), 448.70 (1s), 448.78 (1m) (title), 448.78 (1m) (f),
1717 448.78 (2m), (3m) and (4m) and subchapter XIV of chapter 448 [precedes
1818 448.9887] of the statutes; relating to: ratification of the Dietitian Licensure
1919 Compact.
2020 Analysis by the Legislative Reference Bureau
2121 This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact,
2222 which provides for the ability of a dietitian to become eligible to practice in other
2323 compact states. Significant provisions of the compact include the following:
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3737 1. The creation of a Dietitian Licensure Compact Commission, which includes
3838 the primary administrators of the licensure authorities of each member state. The
3939 commission has various powers and duties granted in the compact, including
4040 establishing bylaws, promulgating rules for the compact, appointing officers and
4141 hiring employees, and establishing and electing an executive committee. The
4242 commission may levy on and collect an annual assessment from each member state
4343 or impose fees on licensees to whom it grants a compact privilege to cover the cost of
4444 the operations and activities of the commission and its staff.
4545 2. The ability for a dietitian to obtain a Xcompact privilege,Y which allows a
4646 dietitian to practice dietetics in another compact state (remote state) if the dietitian
4747 satisfies certain criteria. The compact specifies a number of requirements in order
4848 for a dietitian to exercise a compact privilege, including holding an unencumbered
4949 dietitian license in a home state and paying any fees and meeting any jurisprudence
5050 requirements that may be imposed by a remote state. A dietitian practicing in a
5151 remote state under a compact privilege must adhere to the laws and regulations of
5252 that state. A remote state may, in accordance with that state[s laws, take adverse
5353 action against a licensee[s compact privilege within that state. If a dietitian[s
5454 license is encumbered, the dietitian loses the compact privilege in all remote states
5555 until certain criteria are satisfied. If a dietitian[s compact privilege in any remote
5656 state is removed, the dietitian may lose the compact privilege in all other remote
5757 states until certain criteria are satisfied.
5858 3. The ability of member states to issue subpoenas that are enforceable in
5959 other states.
6060 4. The creation of a coordinated data system containing licensure and
6161 disciplinary action information on dietitians. The compact requires member states
6262 to report adverse actions against licensees and to monitor the data system to
6363 determine whether adverse actions have been taken against licensees. A member
6464 state must submit a uniform data set to the data system on all individuals to whom
6565 the compact is applicable as required by the rules of the commission.
6666 5. Provisions regarding resolutions of disputes between member states and
6767 between member and nonmember states, including a process for termination of a
6868 state[s membership in the compact if the state defaults on its obligations under the
6969 compact.
7070 The compact becomes effective in this state upon its enactment in seven states.
7171 The compact provides that it may be amended upon enactment of an amendment by
7272 all member states. A state may withdraw from the compact by repealing the statute
7373 authorizing the compact, but the compact provides that a withdrawal does not take
7474 effect until 180 days after the effective date of that repeal.
7575 For further information see the state fiscal estimate, which will be printed as
7676 an appendix to this bill.
7777 The people of the state of Wisconsin, represented in senate and assembly, do
7878 enact as follows: 2025 - 2026 Legislature
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8282 SECTION 1
8383 SECTION 1. 14.833 of the statutes is created to read:
8484 14.833 Dietitian licensure compact. There is created a dietitian licensure
8585 compact commission as specified in s. 448.9887. The delegate on the commission
8686 representing this state shall be appointed by the dietitian affiliated credentialing
8787 board as provided in s. 448.9887 (8) (b) 1. and shall be an individual described in s.
8888 448.9887 (8) (b) 2. The commission has the powers and duties granted and imposed
8989 under s. 448.9887.
9090 SECTION 2. 146.81 (1) (em) of the statutes is amended to read:
9191 146.81 (1) (em) A dietitian who is certified under subch. V of ch. 448 or who
9292 holds a compact privilege under subch. XIV of ch. 448.
9393 SECTION 3. 146.997 (1) (d) 6. of the statutes is amended to read:
9494 146.997 (1) (d) 6. A dietitian who is certified under subch. V of ch. 448 or who
9595 holds a compact privilege under subch. XIV of ch. 448.
9696 SECTION 4. 252.14 (1) (ar) 4m. of the statutes is amended to read:
9797 252.14 (1) (ar) 4m. A dietitian who is certified under subch. V of ch. 448 or
9898 who holds a compact privilege under subch. XIV of ch. 448.
9999 SECTION 5. 253.065 (3) of the statutes is amended to read:
100100 253.065 (3) Unless the department grants an exception, in order to be eligible
101101 for the internship program under sub. (1), an applicant must, at the time of his or
102102 her selection, be employed as a nutritionist for the supplemental food program for
103103 women, infants, and children under s. 253.06 by either the department or a local
104104 agency and have met the educational requirements under s. 448.78 (3) (1m) (c).
105105 SECTION 6. 253.065 (5) of the statutes is amended to read:
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132132 SECTION 6
133133 253.065 (5) The department shall issue to each individual who successfully
134134 completes the dietetic internship program under this section a certificate of
135135 completion that the individual may submit as verification of the completion of more
136136 than 900 hours of qualifying dietetics practice under s. 448.78 (4) (1m) (d). The
137137 dietitians affiliated credentialing board shall accept certificates of completion
138138 issued under this subsection as satisfactory evidence under s. 448.78 (4) (1m) (d).
139139 SECTION 7. 440.03 (9) (a) (intro.) of the statutes is amended to read:
140140 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
141141 the department shall, biennially, determine each fee for an initial credential for
142142 which no examination is required, for a reciprocal credential, and for a credential
143143 renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2),
144144 448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2) by doing all of the following:
145145 SECTION 8. 440.03 (9) (a) 2. of the statutes is amended to read:
146146 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
147147 adjusting for the succeeding fiscal biennium each fee for an initial credential for
148148 which an examination is not required, for a reciprocal credential, and, subject to s.
149149 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2),
150150 448.986 (2), 448.9875 (2), 448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2), if an
151151 adjustment is necessary to reflect the approximate administrative and enforcement
152152 costs of the department that are attributable to the regulation of the particular
153153 occupation or business during the period in which the initial or reciprocal
154154 credential, credential renewal, or compact privilege is in effect and, for purposes of
155155 each fee for a credential renewal, to reflect an estimate of any additional moneys
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182182 SECTION 8
183183 available for the department[s general program operations as a result of
184184 appropriation transfers that have been or are estimated to be made under s. 20.165
185185 (1) (i) during the fiscal biennium in progress at the time of the deadline for an
186186 adjustment under this subdivision or during the fiscal biennium beginning on the
187187 July 1 immediately following the deadline for an adjustment under this subdivision.
188188 SECTION 9. 440.03 (11m) (c) 2rm. of the statutes is created to read:
189189 440.03 (11m) (c) 2rm. The coordinated data system under s. 448.9887 (9), if
190190 such disclosure is required under the dietitian licensure compact under s. 448.9887.
191191 SECTION 10. 440.03 (13) (b) (intro.) of the statutes, is amended to read:
192192 440.03 (13) (b) (intro.) The department may investigate whether an applicant
193193 for or holder of any of the following credentials has been charged with or convicted
194194 of a crime only pursuant to rules promulgated by the department under this
195195 paragraph, including rules that establish the criteria that the department will use
196196 to determine whether an investigation under this paragraph is necessary, except as
197197 provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
198198 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3)
199199 (b) 3. and (5) (b) 2. a., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and
200200 459.70 (3) (b) 2.:
201201 SECTION 11. 440.03 (13) (c) 1. gm. of the statutes is created to read:
202202 440.03 (13) (c) 1. gm. An applicant for a dietitian compact privilege under s.
203203 448.9887 (4) and an applicant for a dietitian certificate described in s. 448.9887 (5)
204204 (b) 2. a.
205205 SECTION 12. 440.15 of the statutes is amended to read:
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232232 SECTION 12
233233 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
234234 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
235235 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and (5) (b) 2. a., 450.071 (3)
236236 (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a.,
237237 and 459.70 (3) (b) 1., the department or a credentialing board may not require that
238238 an applicant for a credential or a credential holder be fingerprinted or submit
239239 fingerprints in connection with the department[s or the credentialing board[s
240240 credentialing.
241241 SECTION 13. 446.01 (1v) (f) of the statutes is amended to read:
242242 446.01 (1v) (f) Dietitians affiliated credentialing board under subch. V of ch.
243243 448. XHealth care professionalY also includes an individual who holds a compact
244244 privilege under subch. XIV of ch. 448.
245245 SECTION 14. 446.02 (6m) of the statutes is amended to read:
246246 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice,
247247 or a recommendation to a patient regarding the health effects of vitamins, herbs, or
248248 nutritional supplements unless the chiropractor has been issued a certificate under
249249 sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this
250250 chapter who is a certified as a dietitian under subch. V of ch. 448, as defined in s.
251251 448.70 (1m).
252252 SECTION 15. 448.70 (1m) of the statutes is amended to read:
253253 448.70 (1m) XCertified dietitianY means an individual who is certified as a
254254 dietitian under this subchapter or who holds a compact privilege.
255255 SECTION 16. 448.70 (1r) of the statutes is created to read:
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282282 SECTION 16
283283 448.70 (1r) XCompactY means the dietitian licensure compact under s.
284284 448.9887.
285285 SECTION 17. 448.70 (1s) of the statutes is created to read:
286286 448.70 (1s) XCompact privilegeY means a compact privilege, as defined in s.
287287 448.9887 (2) (i), that is granted under the compact to an individual to practice in
288288 this state.
289289 SECTION 18. 448.72 (6) of the statutes is amended to read:
290290 448.72 (6) Prohibit an individual from using the title XdietitianY, Xdietitian,Y
291291 Xlicensed dietitian,Y or Xcertified dietitianY if the person is licensed or certified as a
292292 dietitian under the laws of another state which has licensure or certification
293293 requirements that the affiliated credentialing board determines to be substantially
294294 equivalent to the requirements under s. 448.78 (1m).
295295 SECTION 19. 448.74 (1) of the statutes is amended to read:
296296 448.74 (1) Establish criteria for the approval of educational programs and
297297 training under s. 448.78 (3) and (4) (1m) (c) and (d).
298298 SECTION 20. 448.78 (title) of the statutes is amended to read:
299299 448.78 (title) Certification of dietitians; compact privileges.
300300 SECTION 21. 448.78 of the statutes is renumbered 448.78 (1m), and 448.78
301301 (1m) (c) 2. and (d) 3. b., as renumbered, are amended to read:
302302 448.78 (1m) (c) 2. Received a bachelor[s, master[s or doctoral degree in human
303303 nutrition, nutrition education, food and nutrition, dietetics or food systems
304304 management from a program at a college or university that is not located in a state
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330330 SECTION 21
331331 or territory of the United States if the affiliated credentialing board determines
332332 that the program is substantially equivalent to a program under par. (a) subd. 1.
333333 (d) 3. b. A program at a college or university that is not located in a state or
334334 territory of the United States if the affiliated credentialing board determines that
335335 the program is substantially equivalent to a program under subd. 1. 3. a.
336336 SECTION 22. 448.78 (1m) (title) of the statutes is created to read:
337337 448.78 (1m) (title) CERTIFICATE.
338338 SECTION 23. 448.78 (1m) (f) of the statutes is created to read:
339339 448.78 (1m) (f) Subject to ss. 111.321, 111.322, and 111.335, submits evidence
340340 satisfactory to the affiliated credentialing board that he or she does not have a
341341 conviction record.
342342 SECTION 24. 448.78 (2m), (3m) and (4m) of the statutes are created to read:
343343 448.78 (2m) LICENSE BASED ON COMPACT PRIVILEGE. The affiliated
344344 credentialing board shall grant a certificate as a dietitian to any individual who
345345 does all of the following:
346346 (a) Submits an application for the certificate to the department on a form
347347 provided by the department.
348348 (b) Pays the fee specified in s. 440.05 (1).
349349 (c) Submits evidence satisfactory to the affiliated credentialing board that he
350350 or she holds a home state license in another state that is a party to the compact, has
351351 changed his or her primary state of residence to this state, and satisfies all other
352352 requirements under s. 448.9887 (5).
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378378 SECTION 24
379379 (d) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
380380 to the affiliated credentialing board that he or she does not have a conviction record.
381381 (3m) COMPACT PRIVILEGE. The affiliated credentialing board shall grant a
382382 compact privilege to an individual who does all of the following:
383383 (a) Submits an application for the compact privilege to the department on a
384384 form provided by the department.
385385 (b) Submits evidence satisfactory to the affiliated credentialing board that he
386386 or she holds an unencumbered home state license in another state that is a party to
387387 the compact and satisfies all other requirements under s. 448.9887 (4).
388388 (c) Pays any fee established by the department under s. 448.9888 (2).
389389 (4m) TYPES OF CERTIFICATE. A certificate as a dietitian granted under sub.
390390 (1m) may be either of the following:
391391 (a) A certificate that, subject to s. 448.9887 (4), entitles the holder to obtain
392392 and exercise a compact privilege in other states that are parties to the compact.
393393 (b) A single-state certificate, which entitles the holder to practice only in this
394394 state. Nothing in the compact applies to the holder of a single-state certificate
395395 unless otherwise applicable under this subchapter.
396396 SECTION 25. 448.80 of the statutes is amended to read:
397397 448.80 Temporary certificate. Upon application and payment of the fee
398398 specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary
399399 dietitian certificate to an individual who satisfies the requirements under s. 448.78
400400 (1) to (4) (1m) (a) to (d) and has submitted an application to take the next available
401401 examination under s. 448.84. A temporary certificate granted under this section is
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428428 SECTION 25
429429 valid for a period designated by the affiliated credentialing board, not to exceed 9
430430 months, and may be renewed once by the affiliated credentialing board.
431431 SECTION 26. 448.82 of the statutes is amended to read:
432432 448.82 Reciprocal certificate. Upon application and payment of the fee
433433 specified in s. 440.05 (2), the affiliated credentialing board shall grant a dietitian
434434 certificate to an individual who holds a similar certificate or license in another state
435435 or territory of the United States if the affiliated credentialing board determines
436436 that the requirements for receiving the certificate in the other state or territory are
437437 substantially equivalent to the requirements under s. 448.78 (1m).
438438 SECTION 27. 448.87 (2) (intro.) of the statutes is amended to read:
439439 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
440440 affiliated credentialing board may reprimand a certified dietitian or deny, limit,
441441 suspend or revoke a certificate granted under this subchapter or a compact
442442 privilege if it finds that the applicant or certified dietitian has done any of the
443443 following:
444444 SECTION 28. 448.87 (2) (a) of the statutes is amended to read:
445445 448.87 (2) (a) Made a material misstatement in an application for a certificate
446446 or a compact privilege or for renewal of a certificate.
447447 SECTION 29. 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act
448448 251, is amended to read:
449449 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to
450450 an individual without a referral, except that a licensee may not provide athletic
451451 training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
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478478 SECTION 29
479479 setting unless the licensee has obtained a written referral for the individual from a
480480 practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
481481 under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
482482 privilege under subch. XI or, XII, or XIV of ch. 448.
483483 SECTION 30. Subchapter XIV of chapter 448 [precedes 448.9887] of the
484484 statutes is created to read:
485485 CHAPTER 448
486486 SUBCHAPTER XIV
487487 DIETITIAN LICENSURE COMPACT
488488 448.9887 Dietitian licensure compact. (1) PURPOSE. The purpose of this
489489 compact is to facilitate interstate practice of dietetics with the goal of improving
490490 public access to dietetics services. This compact preserves the regulatory authority
491491 of states to protect public health and safety through the current system of state
492492 licensure, while also providing for licensure portability through a compact privilege
493493 granted to qualifying professionals. This compact is designed to achieve the
494494 following objectives:
495495 (a) Increase public access to dietetics services;
496496 (b) Provide opportunities for interstate practice by licensed dietitians who
497497 meet uniform requirements;
498498 (c) Eliminate the necessity for licenses in multiple states;
499499 (d) Reduce administrative burden on member states and licensees;
500500 (e) Enhance the states[ ability to protect the public[s health and safety;
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526526 SECTION 30
527527 (f) Encourage the cooperation of member states in regulating multistate
528528 practice of licensed dietitians;
529529 (g) Support relocating active military members and their spouses;
530530 (h) Enhance the exchange of licensure, investigative, and disciplinary
531531 information among member states; and
532532 (i) Vest all member states with the authority to hold a licensed dietitian
533533 accountable for meeting all state practice laws in the state in which the patient is
534534 located at the time care is rendered.
535535 (2) DEFINITIONS. As used in this compact, and except as otherwise provided,
536536 the following definitions shall apply:
537537 (a) XACENDY means the Accreditation Council for Education in Nutrition and
538538 Dietetics or its successor organization.
539539 (b) XActive military memberY means any individual with full-time duty status
540540 in the active armed forces of the United States, including members of the national
541541 guard and reserve.
542542 (c) XAdverse actionY means any administrative, civil, equitable or criminal
543543 action permitted by a state[s laws which is imposed by a licensing authority or other
544544 authority against a licensee, including actions against an individual[s license or
545545 compact privilege such as revocation, suspension, probation, monitoring of the
546546 licensee, limitation on the licensee[s practice, or any other encumbrance on
547547 licensure affecting a licensee[s authorization to practice, including issuance of a
548548 cease and desist action.
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575575 (d) XAlternative programY means a nondisciplinary monitoring or practice
576576 remediation process approved by a licensing authority.
577577 (e) XCharter member stateY means any member state which enacted this
578578 compact by law before the effective date specified in sub. (12).
579579 (f) XContinuing educationY means a requirement, as a condition of license
580580 renewal, to provide evidence of participation in, and completion of, educational and
581581 professional activities relevant to practice or area of work.
582582 (g) XCDRY means the Commission on Dietetic Registration or its successor
583583 organization.
584584 (h) XCompact commissionY means the government agency whose membership
585585 consists of all states that have enacted this compact, which is known as the dietitian
586586 licensure compact commission, as described in sub. (8), and which shall operate as
587587 an instrumentality of the member states.
588588 (i) XCompact privilegeY means a legal authorization, which is equivalent to a
589589 license, permitting the practice of dietetics in a remote state.
590590 (j) XCurrent significant investigative informationY means:
591591 1. Investigative information that a licensing authority, after a preliminary
592592 inquiry that includes notification and an opportunity for the subject licensee to
593593 respond, if required by state law, has reason to believe is not groundless and, if
594594 proved true, would indicate more than a minor infraction; or
595595 2. Investigative information that indicates that the subject licensee represents
596596 an immediate threat to public health and safety regardless of whether the subject
597597 licensee has been notified and had an opportunity to respond.
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625625 (k) XData systemY means a repository of information about licensees,
626626 including, but not limited to, continuing education, examination, licensure,
627627 investigative, compact privilege and adverse action information.
628628 (L) XEncumbered licenseY means a license in which an adverse action restricts
629629 a licensee[s ability to practice dietetics.
630630 (m) XEncumbranceY means a revocation or suspension of, or any limitation on
631631 a licensee[s full and unrestricted practice of dietetics by a licensing authority.
632632 (n) XExecutive committeeY means a group of delegates elected or appointed to
633633 act on behalf of, and within the powers granted to them by, this compact, and the
634634 compact commission.
635635 (o) XHome stateY means the member state that is the licensee[s primary state
636636 of residence or that has been designated pursuant to sub. (6).
637637 (p) XInvestigative informationY means information, records, and documents
638638 received or generated by a licensing authority pursuant to an investigation.
639639 (q) XJurisprudence requirementY means an assessment of an individual[s
640640 knowledge of the state laws and regulations governing the practice of dietetics in
641641 such state.
642642 (r) XLicenseY means an authorization from a member state to either:
643643 1. Engage in the practice of dietetics (including medical nutrition therapy); or
644644 2. Use the title Xdietitian,Y Xlicensed dietitian,Y Xlicensed dietitian
645645 nutritionist,Y Xcertified dietitian,Y or other title describing a substantially similar
646646 practitioner as the compact commission may further define by rule.
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672672 SECTION 30
673673 (s) XLicenseeY or Xlicensed dietitianY means an individual who currently holds
674674 a license and who meets all of the requirements outlined in sub. (4).
675675 (t) XLicensing authorityY means the board or agency of a state, or equivalent,
676676 that is responsible for the licensing and regulation of the practice of dietetics.
677677 (u) XMember stateY means a state that has enacted the compact.
678678 (v) XPractice of dieteticsY means the synthesis and application of dietetics,
679679 primarily for the provision of nutrition care services, including medical nutrition
680680 therapy, in person or via telehealth, to prevent, manage, or treat diseases or
681681 medical conditions and promote wellness.
682682 (w) XRegistered dietitianY means a person who:
683683 1. Has completed applicable education, experience, examination, and
684684 recertification requirements approved by CDR;
685685 2. Is credentialed by CDR as a registered dietitian or a registered dietitian
686686 nutritionist; and
687687 3. Is legally authorized to use the title registered dietitian or registered
688688 dietitian nutritionist and the corresponding abbreviations XRDY or XRDN.Y
689689 (x) XRemote stateY means a member state other than the home state, where a
690690 licensee is exercising or seeking to exercise a compact privilege.
691691 (y) XRuleY means a regulation promulgated by the compact commission that
692692 has the force of law.
693693 (z) XSingle state licenseY means a license issued by a member state within the
694694 issuing state and does not include a compact privilege in any other member state.
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720720 SECTION 30
721721 (za) XStateY means any state, commonwealth, district, or territory of the
722722 United States.
723723 (zb) XUnencumbered licenseY means a license that authorizes a licensee to
724724 engage in the full and unrestricted practice of dietetics.
725725 (3) STATE PARTICIPATION IN THE COMPACT. (a) To participate in the compact,
726726 a state must currently:
727727 1. License and regulate the practice of dietetics; and
728728 2. Have a mechanism in place for receiving and investigating complaints
729729 about licensees.
730730 (b) A member state shall:
731731 1. Participate fully in the compact commission[s data system, including using
732732 the unique identifier, as defined in rules;
733733 2. Notify the compact commission, in compliance with the terms of the
734734 compact and rules, of any adverse action or the availability of current significant
735735 investigative information regarding a licensee;
736736 3. Implement or utilize procedures for considering the criminal history record
737737 information of applicants for an initial compact privilege. These procedures shall
738738 include the submission of fingerprints or other biometric-based information by
739739 applicants for the purpose of obtaining an applicant[s criminal history record
740740 information from the federal bureau of investigation and the agency responsible for
741741 retaining that state[s criminal records;
742742 a. A member state must fully implement a criminal history record
743743 information requirement, within a time frame established by rule, which includes
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770770 SECTION 30
771771 receiving the results of the federal bureau of investigation record search and shall
772772 use those results in determining compact privilege eligibility.
773773 b. Communication between a member state and the compact commission or
774774 among member states regarding the verification of eligibility for a compact
775775 privilege shall not include any information received from the federal bureau of
776776 investigation relating to a federal criminal history record information check
777777 performed by a member state.
778778 4. Comply with and enforce the rules of the compact commission;
779779 5. Require an applicant for a compact privilege to obtain or retain a license in
780780 the licensee[s home state and meet the home state[s qualifications for licensure or
781781 renewal of licensure, as well as all other applicable state laws; and
782782 6. Recognize a compact privilege granted to a licensee who meets all of the
783783 requirements outlined in sub. (4) in accordance with the terms of the compact and
784784 rules.
785785 (c) Member states may set and collect a fee for granting a compact privilege.
786786 (d) Individuals not residing in a member state shall continue to be able to
787787 apply for a member state[s single state license as provided under the laws of each
788788 member state. However, the single state license granted to these individuals shall
789789 not be recognized as granting a compact privilege to engage in the practice of
790790 dietetics in any other member state.
791791 (e) Nothing in this compact shall affect the requirements established by a
792792 member state for the issuance of a single state license.
793793 (f) At no point shall the compact commission have the power to define the
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820820 SECTION 30
821821 requirements for the issuance of a single state license to practice dietetics. The
822822 member states shall retain sole jurisdiction over the provision of these
823823 requirements.
824824 (4) COMPACT PRIVILEGE. (a) To exercise the compact privilege under the
825825 terms and provisions of the compact, the licensee shall:
826826 1. Satisfy one of the following:
827827 a. Hold a valid current registration that gives the applicant the right to use
828828 the term registered dietitian; or
829829 b. Complete all of the following:
830830 i. An education program which is either:
831831 a) A master[s degree or doctoral degree that is programmatically accredited
832832 by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S.
833833 department of education, which the compact commission may by rule determine,
834834 and from a college or university accredited at the time of graduation by the
835835 appropriate regional accrediting agency recognized by the Council on Higher
836836 Education Accreditation and the U.S. department of education.
837837 b) An academic degree from a college or university in a foreign country
838838 equivalent to the degree described in subparagraph (a) that is programmatically
839839 accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S.
840840 department of education, which the compact commission may by rule determine.
841841 ii. A planned, documented, supervised practice experience in dietetics that is
842842 programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency
843843 recognized by the U.S. department of education which the compact commission may
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870870 SECTION 30
871871 by rule determine and which involves at least 1,000 hours of practice experience
872872 under the supervision of a registered dietitian or a licensed dietitian.
873873 iii. Successful completion of either: (i) the registration examination for
874874 dietitians administered by CDR, or (ii) a national credentialing examination for
875875 dietitians approved by the compact commission by rule; such completion being no
876876 more than 5 years prior to the date of the licensee[s application for initial licensure
877877 and accompanied by a period of continuous licensure thereafter, all of which may be
878878 further governed by the rules of the compact commission.
879879 2. Hold an unencumbered license in the home state;
880880 3. Notify the compact commission that the licensee is seeking a compact
881881 privilege within a remote state;
882882 4. Pay any applicable fees, including any state fee, for the compact privilege;
883883 5. Meet any jurisprudence requirements established by the remote state in
884884 which the licensee is seeking a compact privilege; and
885885 6. Report to the compact commission any adverse action, encumbrance, or
886886 restriction on a license taken by any nonmember state within 30 days from the date
887887 the action is taken.
888888 (b) The compact privilege is valid until the expiration date of the home state
889889 license. To maintain a compact privilege, renewal of the compact privilege shall be
890890 congruent with the renewal of the home state license as the compact commission
891891 may define by rule. The licensee must comply with the requirements of par. (a) to
892892 maintain the compact privilege in the remote state.
893893 (c) A licensee exercising a compact privilege shall adhere to the laws and
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920920 SECTION 30
921921 regulations of the remote state. Licensees shall be responsible for educating
922922 themselves on, and complying with, any and all state laws relating to the practice of
923923 dietetics in such remote state.
924924 (d) Notwithstanding anything to the contrary provided in this compact or
925925 state law, a licensee exercising a compact privilege shall not be required to complete
926926 continuing education requirements required by a remote state. A licensee
927927 exercising a compact privilege is only required to meet any continuing education
928928 requirements as required by the home state.
929929 (5) OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE.
930930 (a) A licensee may hold a home state license, which allows for a compact privilege in
931931 other member states, in only one member state at a time.
932932 (b) If a licensee changes home state by moving between two member states:
933933 1. The licensee shall file an application for obtaining a new home state license
934934 based on a compact privilege, pay all applicable fees, and notify the current and new
935935 home state in accordance with the rules of the compact commission.
936936 2. Upon receipt of an application for obtaining a new home state license by
937937 virtue of a compact privilege, the new home state shall verify that the licensee
938938 meets the criteria in sub. (4) via the data system, and require that the licensee
939939 complete the following:
940940 a. Federal bureau of investigation fingerprint based criminal history record
941941 information check;
942942 b. Any other criminal history record information required by the new home
943943 state; and
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970970 SECTION 30
971971 c. Any jurisprudence requirements of the new home state.
972972 3. The former home state shall convert the former home state license into a
973973 compact privilege once the new home state has activated the new home state license
974974 in accordance with applicable rules adopted by the compact commission.
975975 4. Notwithstanding any other provision of this compact, if the licensee cannot
976976 meet the criteria in sub. (4), the new home state may apply its requirements for
977977 issuing a new single state license.
978978 5. The licensee shall pay all applicable fees to the new home state in order to
979979 be issued a new home state license.
980980 (c) If a licensee changes their state of residence by moving from a member
981981 state to a nonmember state, or from a nonmember state to a member state, the state
982982 criteria shall apply for issuance of a single state license in the new state.
983983 (d) Nothing in this compact shall interfere with a licensee[s ability to hold a
984984 single state license in multiple states; however, for the purposes of this compact, a
985985 licensee shall have only one home state license.
986986 (e) Nothing in this compact shall affect the requirements established by a
987987 member state for the issuance of a single state license.
988988 (6) ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. An active military member,
989989 or their spouse, shall designate a home state where the individual has a current
990990 license in good standing. The individual may retain the home state designation
991991 during the period the service member is on active duty.
992992 (7) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state
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10181018 SECTION 30
10191019 law, a remote state shall have the authority, in accordance with existing state due
10201020 process law, to:
10211021 1. Take adverse action against a licensee[s compact privilege within that
10221022 member state; and
10231023 2. Issue subpoenas for both hearings and investigations that require the
10241024 attendance and testimony of witnesses as well as the production of evidence.
10251025 Subpoenas issued by a licensing authority in a member state for the attendance and
10261026 testimony of witnesses or the production of evidence from another member state
10271027 shall be enforced in the latter state by any court of competent jurisdiction, according
10281028 to the practice and procedure applicable to subpoenas issued in proceedings
10291029 pending before that court. The issuing authority shall pay any witness fees, travel
10301030 expenses, mileage, and other fees required by the service statutes of the state in
10311031 which the witnesses or evidence are located.
10321032 (b) Only the home state shall have the power to take adverse action against a
10331033 licensee[s home state license.
10341034 (c) For purposes of taking adverse action, the home state shall give the same
10351035 priority and effect to reported conduct received from a member state as it would if
10361036 the conduct had occurred within the home state. In so doing, the home state shall
10371037 apply its own state laws to determine appropriate action.
10381038 (d) The home state shall complete any pending investigations of a licensee
10391039 who changes home states during the course of the investigations. The home state
10401040 shall also have authority to take appropriate action and shall promptly report the
10411041 conclusions of the investigations to the administrator of the data system. The
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10681068 SECTION 30
10691069 administrator of the data system shall promptly notify the new home state of any
10701070 adverse actions.
10711071 (e) A member state, if otherwise permitted by state law, may recover from the
10721072 affected licensee the costs of investigations and dispositions of cases resulting from
10731073 any adverse action taken against that licensee.
10741074 (f) A member state may take adverse action based on the factual findings of
10751075 another remote state, provided that the member state follows its own procedures for
10761076 taking the adverse action.
10771077 (g) Joint investigations. 1. In addition to the authority granted to a member
10781078 state by its respective state law, any member state may participate with other
10791079 member states in joint investigations of licensees.
10801080 2. Member states shall share any investigative, litigation, or compliance
10811081 materials in furtherance of any joint investigation initiated under the compact.
10821082 (h) If adverse action is taken by the home state against a licensee[s home state
10831083 license resulting in an encumbrance on the home state license, the licensee[s
10841084 compact privilege in all other member states shall be revoked until all
10851085 encumbrances have been removed from the home state license. All home state
10861086 disciplinary orders that impose adverse action against a licensee shall include a
10871087 statement that the licensee[s compact privileges are revoked in all member states
10881088 during the pendency of the order.
10891089 (i) Once an encumbered license in the home state is restored to an
10901090 unencumbered license (as certified by the home state[s licensing authority), the
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11161116 SECTION 30
11171117 licensee must meet the requirements of sub. (4) (a) and follow the administrative
11181118 requirements to reapply to obtain a compact privilege in any remote state.
11191119 (j) If a member state takes adverse action, it shall promptly notify the
11201120 administrator of the data system. The administrator of the data system shall
11211121 promptly notify the other member states of any adverse actions.
11221122 (k) Nothing in this compact shall override a member state[s decision that
11231123 participation in an alternative program may be used in lieu of adverse action.
11241124 (8) ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION. (a)
11251125 The compact member states hereby create and establish a joint government agency
11261126 whose membership consists of all member states that have enacted the compact
11271127 known as the dietitian licensure compact commission. The compact commission is
11281128 an instrumentality of the compact states acting jointly and not an instrumentality
11291129 of any one state. The compact commission shall come into existence on or after the
11301130 effective date of the compact as set forth in sub. (12).
11311131 (b) Membership, voting, and meetings. 1. Each member state shall have and
11321132 be limited to one delegate selected by that member state[s licensing authority.
11331133 2. The delegate shall be the primary administrator of the licensing authority
11341134 or their designee.
11351135 3. The compact commission shall by rule or bylaw establish a term of office for
11361136 delegates and may by rule or bylaw establish term limits.
11371137 4. The compact commission may recommend removal or suspension of any
11381138 delegate from office.
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11641164 SECTION 30
11651165 5. A member state[s licensing authority shall fill any vacancy of its delegate
11661166 occurring on the compact commission within 60 days of the vacancy.
11671167 6. Each delegate shall be entitled to one vote on all matters before the compact
11681168 commission requiring a vote by the delegates.
11691169 7. Delegates shall meet and vote by such means as set forth in the bylaws. The
11701170 bylaws may provide for delegates to meet and vote in person or by
11711171 telecommunication, video conference, or other means of communication.
11721172 8. The compact commission shall meet at least once during each calendar
11731173 year. Additional meetings may be held as set forth in the bylaws. The compact
11741174 commission may meet in person or by telecommunication, video conference, or other
11751175 means of communication.
11761176 (c) The compact commission shall have the following powers:
11771177 1. Establish the fiscal year of the compact commission;
11781178 2. Establish code of conduct and conflict of interest policies;
11791179 3. Establish and amend rules and bylaws;
11801180 4. Maintain its financial records in accordance with the bylaws;
11811181 5. Meet and take such actions as are consistent with the provisions of this
11821182 compact, the compact commission[s rules, and the bylaws;
11831183 6. Initiate and conclude legal proceedings or actions in the name of the
11841184 compact commission, provided that the standing of any licensing authority to sue or
11851185 be sued under applicable law shall not be affected;
11861186 7. Maintain and certify records and information provided to a member state
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12121212 SECTION 30
12131213 as the authenticated business records of the compact commission, and designate an
12141214 agent to do so on the compact commission[s behalf;
12151215 8. Purchase and maintain insurance and bonds;
12161216 9. Borrow, accept, or contract for services of personnel, including, but not
12171217 limited to, employees of a member state;
12181218 10. Conduct an annual financial review;
12191219 11. Hire employees, elect or appoint officers, fix compensation, define duties,
12201220 grant such individuals appropriate authority to carry out the purposes of the
12211221 compact, and establish the compact commission[s personnel policies and programs
12221222 relating to conflicts of interest, qualifications of personnel, and other related
12231223 personnel matters;
12241224 12. Assess and collect fees;
12251225 13. Accept any and all appropriate donations, grants of money, other sources
12261226 of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize,
12271227 and dispose of the same; provided that at all times the compact commission shall
12281228 avoid any actual or appearance of impropriety or conflict of interest;
12291229 14. Lease, purchase, retain, own, hold, improve, or use any property, real,
12301230 personal, or mixed, or any undivided interest therein;
12311231 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
12321232 dispose of any property real, personal, or mixed;
12331233 16. Establish a budget and make expenditures;
12341234 17. Borrow money;
12351235 18. Appoint committees, including standing committees, composed of
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12621262 SECTION 30
12631263 members, state regulators, state legislators or their representatives, and consumer
12641264 representatives, and such other interested persons as may be designated in this
12651265 compact or the bylaws;
12661266 19. Provide and receive information from, and cooperate with, law
12671267 enforcement agencies;
12681268 20. Establish and elect an executive committee, including a chair and a vice
12691269 chair;
12701270 21. Determine whether a state[s adopted language is materially different from
12711271 the model compact language such that the state would not qualify for participation
12721272 in the compact; and
12731273 22. Perform such other functions as may be necessary or appropriate to
12741274 achieve the purposes of this compact.
12751275 (d) The executive committee. 1. The executive committee shall have the power
12761276 to act on behalf of the compact commission according to the terms of this compact.
12771277 The powers, duties, and responsibilities of the executive committee shall include:
12781278 a. Oversee the day-to-day activities of the administration of the compact
12791279 including enforcement and compliance with the provisions of the compact, its rules
12801280 and bylaws, and other such duties as deemed necessary;
12811281 b. Recommend to the compact commission changes to the rules or bylaws,
12821282 changes to this compact legislation, fees charged to compact member states, fees
12831283 charged to licensees, and other fees;
12841284 c. Ensure compact administration services are appropriately provided,
12851285 including by contract;
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13121312 SECTION 30
13131313 d. Prepare and recommend the budget;
13141314 e. Maintain financial records on behalf of the compact commission;
13151315 f. Monitor compact compliance of member states and provide compliance
13161316 reports to the compact commission;
13171317 g. Establish additional committees as necessary;
13181318 h. Exercise the powers and duties of the compact commission during the
13191319 interim between compact commission meetings, except for adopting or amending
13201320 rules, adopting or amending bylaws, and exercising any other powers and duties
13211321 expressly reserved to the compact commission by rule or bylaw; and
13221322 i. Other duties as provided in the rules or bylaws of the compact commission.
13231323 2. The executive committee shall be composed of nine members:
13241324 a. The chair and vice chair of the compact commission shall be voting
13251325 members of the executive committee;
13261326 b. Five voting members from the current membership of the compact
13271327 commission, elected by the compact commission;
13281328 c. One ex officio, nonvoting member from a recognized professional association
13291329 representing dietitians; and
13301330 d. One ex officio, nonvoting member from a recognized national credentialing
13311331 organization for dietitians.
13321332 3. The compact commission may remove any member of the executive
13331333 committee as provided in the compact commission[s bylaws.
13341334 4. The executive committee shall meet at least annually.
13351335 a. Executive committee meetings shall be open to the public, except that the
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13621362 SECTION 30
13631363 executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
13641364 2.
13651365 b. The executive committee shall give 30 days[ notice of its meetings, posted on
13661366 the website of the compact commission and as determined to provide notice to
13671367 persons with an interest in the business of the compact commission.
13681368 c. The executive committee may hold a special meeting in accordance with
13691369 par. (f) 1. b.
13701370 (e) The compact commission shall adopt and provide to the member states an
13711371 annual report.
13721372 (f) Meetings of the compact commission. 1. All meetings shall be open to the
13731373 public, except that the compact commission may meet in a closed, nonpublic
13741374 meeting as provided in subd. 2.
13751375 a. Public notice for all meetings of the full compact commission shall be given
13761376 in the same manner as required under the rule-making provisions in sub. (10),
13771377 except that the compact commission may hold a special meeting as provided in
13781378 subd. 1. b.
13791379 b. The compact commission may hold a special meeting when it must meet to
13801380 conduct emergency business by giving 24 hours[ notice to all member states, on the
13811381 compact commission[s website, and other means as provided in the compact
13821382 commission[s rules. The compact commission[s legal counsel shall certify that the
13831383 compact commission[s need to meet qualifies as an emergency.
13841384 2. The compact commission or the executive committee or other committees of
13851385 the compact commission may convene in a closed, nonpublic meeting for the
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14121412 SECTION 30
14131413 compact commission or executive committee or other committees of the compact
14141414 commission to receive legal advice or to discuss:
14151415 a. Noncompliance of a member state with its obligations under the compact;
14161416 b. The employment, compensation, discipline, or other matters, practices, or
14171417 procedures related to specific employees;
14181418 c. Current or threatened discipline of a licensee by the compact commission or
14191419 by a member state[s licensing authority;
14201420 d. Current, threatened, or reasonably anticipated litigation;
14211421 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
14221422 real estate;
14231423 f. Accusing any person of a crime or formally censuring any person;
14241424 g. Trade secrets or commercial or financial information that is privileged or
14251425 confidential;
14261426 h. Information of a personal nature where disclosure would constitute a
14271427 clearly unwarranted invasion of personal privacy;
14281428 i. Investigative records compiled for law enforcement purposes;
14291429 j. Information related to any investigative reports prepared by or on behalf of
14301430 or for use of the compact commission or other committee charged with
14311431 responsibility of investigation or determination of compliance issues pursuant to
14321432 the compact;
14331433 k. Matters specifically exempted from disclosure by federal or member state
14341434 law; or
14351435 L. Other matters as specified in the rules of the compact commission.
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14621462 SECTION 30
14631463 3. If a meeting, or portion of a meeting, is closed, the presiding officer shall
14641464 state that the meeting will be closed and reference each relevant exempting
14651465 provision, and such reference shall be recorded in the minutes.
14661466 4. The compact commission shall keep minutes that fully and clearly describe
14671467 all matters discussed in a meeting and shall provide a full and accurate summary of
14681468 actions taken, and the reasons therefore, including a description of the views
14691469 expressed. All documents considered in connection with an action shall be
14701470 identified in such minutes. All minutes and documents of a closed meeting shall
14711471 remain under seal, subject to release only by a majority vote of the compact
14721472 commission or order of a court of competent jurisdiction.
14731473 (g) Financing of the compact commission. 1. The compact commission shall
14741474 pay, or provide for the payment of, the reasonable expenses of its establishment,
14751475 organization, and ongoing activities.
14761476 2. The compact commission may accept any and all appropriate revenue
14771477 sources as provided in par. (c) 13.
14781478 3. The compact commission may levy on and collect an annual assessment
14791479 from each member state and impose fees on licensees of member states to whom it
14801480 grants a compact privilege to cover the cost of the operations and activities of the
14811481 compact commission and its staff, which must, in a total amount, be sufficient to
14821482 cover its annual budget as approved each year for which revenue is not provided by
14831483 other sources. The aggregate annual assessment amount for member states shall
14841484 be allocated based upon a formula that the compact commission shall promulgate
14851485 by rule.
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15121512 SECTION 30
15131513 4. The compact commission shall not incur obligations of any kind prior to
15141514 securing the funds adequate to meet the same; nor shall the compact commission
15151515 pledge the credit of any of the member states, except by and with the authority of
15161516 the member state.
15171517 5. The compact commission shall keep accurate accounts of all receipts and
15181518 disbursements. The receipts and disbursements of the compact commission shall
15191519 be subject to the financial review and accounting procedures established under its
15201520 bylaws. However, all receipts and disbursements of funds handled by the compact
15211521 commission shall be subject to an annual financial review by a certified or licensed
15221522 public accountant, and the report of the financial review shall be included in and
15231523 become part of the annual report of the compact commission.
15241524 (h) Qualified immunity, defense, and indemnification. 1. The members,
15251525 officers, executive director, employees and representatives of the compact
15261526 commission shall be immune from suit and liability, both personally and in their
15271527 official capacity, for any claim for damage to or loss of property or personal injury or
15281528 other civil liability caused by or arising out of any actual or alleged act, error, or
15291529 omission that occurred, or that the person against whom the claim is made had a
15301530 reasonable basis for believing occurred within the scope of compact commission
15311531 employment, duties, or responsibilities; provided that nothing in this subdivision
15321532 shall be construed to protect any such person from suit or liability for any damage,
15331533 loss, injury, or liability caused by the intentional or willful or wanton misconduct of
15341534 that person. The procurement of insurance of any type by the compact commission
15351535 shall not in any way compromise or limit the immunity granted hereunder.
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15621562 SECTION 30
15631563 2. The compact commission shall defend any member, officer, executive
15641564 director, employee, and representative of the compact commission in any civil action
15651565 seeking to impose liability arising out of any actual or alleged act, error, or omission
15661566 that occurred within the scope of compact commission employment, duties, or
15671567 responsibilities, or as determined by the compact commission that the person
15681568 against whom the claim is made had a reasonable basis for believing occurred
15691569 within the scope of compact commission employment, duties, or responsibilities;
15701570 provided that nothing herein shall be construed to prohibit that person from
15711571 retaining their own counsel at their own expense; and provided further, that the
15721572 actual or alleged act, error, or omission did not result from that person[s intentional
15731573 or willful or wanton misconduct.
15741574 3. The compact commission shall indemnify and hold harmless any member,
15751575 officer, executive director, employee, and representative of the compact commission
15761576 for the amount of any settlement or judgment obtained against that person arising
15771577 out of any actual or alleged act, error, or omission that occurred within the scope of
15781578 compact commission employment, duties, or responsibilities, or that such person
15791579 had a reasonable basis for believing occurred within the scope of compact
15801580 commission employment, duties, or responsibilities, provided that the actual or
15811581 alleged act, error, or omission did not result from the intentional or willful or
15821582 wanton misconduct of that person.
15831583 4. Nothing herein shall be construed as a limitation on the liability of any
15841584 licensee for professional malpractice or misconduct, which shall be governed solely
15851585 by any other applicable state laws.
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16121612 SECTION 30
16131613 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
16141614 a member state[s state action immunity or state action affirmative defense with
16151615 respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
16161616 or federal antitrust or anticompetitive law or regulation.
16171617 6. Nothing in this compact shall be construed to be a waiver of sovereign
16181618 immunity by the member states or by the compact commission.
16191619 (9) DATA SYSTEM. (a) The compact commission shall provide for the
16201620 development, maintenance, operation, and utilization of a coordinated data system.
16211621 (b) The compact commission shall assign each applicant for a compact
16221622 privilege a unique identifier, as determined by the rules.
16231623 (c) Notwithstanding any other provision of state law to the contrary, a
16241624 member state shall submit a uniform data set to the data system on all individuals
16251625 to whom this compact is applicable as required by the rules of the compact
16261626 commission, including:
16271627 1. Identifying information;
16281628 2. Licensure data;
16291629 3. Adverse actions against a license or compact privilege and information
16301630 related thereto;
16311631 4. Nonconfidential information related to alternative program participation,
16321632 the beginning and ending dates of such participation, and other information related
16331633 to such participation not made confidential under member state law;
16341634 5. Any denial of application for licensure, and the reason for such denial;
16351635 6. The presence of current significant investigative information; and
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16621662 SECTION 30
16631663 7. Other information that may facilitate the administration of this compact or
16641664 the protection of the public, as determined by the rules of the compact commission.
16651665 (d) The records and information provided to a member state pursuant to this
16661666 compact or through the data system, when certified by the compact commission or
16671667 an agent thereof, shall constitute the authenticated business records of the compact
16681668 commission, and shall be entitled to any associated hearsay exception in any
16691669 relevant judicial, quasi-judicial, or administrative proceedings in a member state.
16701670 (e) Current significant investigative information pertaining to a licensee in
16711671 any member state will only be available to other member states.
16721672 (f) It is the responsibility of the member states to report any adverse action
16731673 against a licensee and to monitor the data system to determine whether any
16741674 adverse action has been taken against a licensee. Adverse action information
16751675 pertaining to a licensee in any member state will be available to any other member
16761676 state.
16771677 (g) Member states contributing information to the data system may designate
16781678 information that may not be shared with the public without the express permission
16791679 of the contributing state.
16801680 (h) Any information submitted to the data system that is subsequently
16811681 expunged pursuant to federal law or the laws of the member state contributing the
16821682 information shall be removed from the data system.
16831683 (10) RULE MAKING. (a) The compact commission shall promulgate reasonable
16841684 rules in order to effectively and efficiently implement and administer the purposes
16851685 and provisions of the compact. A rule shall be invalid and have no force or effect
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17121712 SECTION 30
17131713 only if a court of competent jurisdiction holds that the rule is invalid because the
17141714 compact commission exercised its rule-making authority in a manner that is
17151715 beyond the scope and purposes of the compact, or the powers granted hereunder, or
17161716 based upon another applicable standard of review.
17171717 (b) The rules of the compact commission shall have the force of law in each
17181718 member state, provided however that where the rules conflict with the laws or
17191719 regulations of a member state that relate to the procedures, actions, and processes
17201720 a licensed dietitian is permitted to undertake in that state and the circumstances
17211721 under which they may do so, as held by a court of competent jurisdiction, the rules
17221722 of the compact commission shall be ineffective in that state to the extent of the
17231723 conflict.
17241724 (c) The compact commission shall exercise its rule-making powers pursuant to
17251725 the criteria set forth in this subsection and the rules adopted thereunder. Rules
17261726 shall become binding on the day following adoption or as of the date specified in the
17271727 rule or amendment, whichever is later.
17281728 (d) If a majority of the legislatures of the member states rejects a rule or
17291729 portion of a rule, by enactment of a statute or resolution in the same manner used
17301730 to adopt the compact within 4 years of the date of adoption of the rule, then such
17311731 rule shall have no further force and effect in any member state.
17321732 (e) Rules shall be adopted at a regular or special meeting of the compact
17331733 commission.
17341734 (f) Prior to adoption of a proposed rule, the compact commission shall hold a
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17601760 SECTION 30
17611761 public hearing and allow persons to provide oral and written comments, data, facts,
17621762 opinions, and arguments.
17631763 (g) Prior to adoption of a proposed rule by the compact commission, and at
17641764 least 30 days in advance of the meeting at which the compact commission will hold
17651765 a public hearing on the proposed rule, the compact commission shall provide a
17661766 notice of proposed rule making:
17671767 1. On the website of the compact commission or other publicly accessible
17681768 platform;
17691769 2. To persons who have requested notice of the compact commission[s notices
17701770 of proposed rule making; and
17711771 3. In such other way as the compact commission may by rule specify.
17721772 (h) The notice of proposed rule making shall include:
17731773 1. The time, date, and location of the public hearing at which the compact
17741774 commission will hear public comments on the proposed rule and, if different, the
17751775 time, date, and location of the meeting where the compact commission will consider
17761776 and vote on the proposed rule;
17771777 2. If the hearing is held via telecommunication, video conference, or other
17781778 means of communication, the compact commission shall include the mechanism for
17791779 access to the hearing in the notice of proposed rule making;
17801780 3. The text of the proposed rule and the reason therefore;
17811781 4. A request for comments on the proposed rule from any interested person;
17821782 and
17831783 5. The manner in which interested persons may submit written comments.
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18101810 SECTION 30
18111811 (i) All hearings will be recorded. A copy of the recording and all written
18121812 comments and documents received by the compact commission in response to the
18131813 proposed rule shall be available to the public.
18141814 (j) Nothing in this subsection shall be construed as requiring a separate
18151815 hearing on each rule. Rules may be grouped for the convenience of the compact
18161816 commission at hearings required by this subsection.
18171817 (k) The compact commission shall, by majority vote of all members, take final
18181818 action on the proposed rule based on the rule-making record and the full text of the
18191819 rule.
18201820 1. The compact commission may adopt changes to the proposed rule provided
18211821 the changes do not enlarge the original purpose of the proposed rule.
18221822 2. The compact commission shall provide an explanation of the reasons for
18231823 substantive changes made to the proposed rule as well as reasons for substantive
18241824 changes not made that were recommended by commenters.
18251825 3. The compact commission shall determine a reasonable effective date for the
18261826 rule. Except for an emergency as provided in par. (L), the effective date of the rule
18271827 shall be no sooner than 30 days after issuing the notice that it adopted or amended
18281828 the rule.
18291829 (L) Upon determination that an emergency exists, the compact commission
18301830 may consider and adopt an emergency rule with 24 hours[ notice, with opportunity
18311831 to comment, provided that the usual rule-making procedures provided in the
18321832 compact and in this subsection shall be retroactively applied to the rule as soon as
18331833 reasonably possible, in no event later than 90 days after the effective date of the
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18601860 SECTION 30
18611861 rule. For the purposes of this provision, an emergency rule is one that must be
18621862 adopted immediately in order to:
18631863 1. Meet an imminent threat to public health, safety, or welfare;
18641864 2. Prevent a loss of compact commission or member state funds;
18651865 3. Meet a deadline for the promulgation of a rule that is established by federal
18661866 law or rule; or
18671867 4. Protect public health and safety.
18681868 (m) The compact commission or an authorized committee of the compact
18691869 commission may direct revision to a previously adopted rule for purposes of
18701870 correcting typographical errors, errors in format, errors in consistency, or
18711871 grammatical errors. Public notice of any revision shall be posted on the website of
18721872 the compact commission. The revision shall be subject to challenge by any person
18731873 for a period of 30 days after posting. The revision may be challenged only on
18741874 grounds that the revision results in a material change to a rule. A challenge shall
18751875 be made in writing and delivered to the compact commission prior to the end of the
18761876 notice period. If no challenge is made, the revision will take effect without further
18771877 action. If the revision is challenged, the revision may not take effect without the
18781878 approval of the compact commission.
18791879 (n) No member state[s rule-making requirements shall apply under this
18801880 compact.
18811881 (11) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . (a) Oversight. 1.
18821882 The executive and judicial branches of state government in each member state shall
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19041904 22 2025 - 2026 Legislature
19051905 SENATE BILL 71
19061906 - 40 - LRB-1917/1
19071907 MED:cdc
19081908 SECTION 30
19091909 enforce this compact and take all actions necessary and appropriate to implement
19101910 this compact.
19111911 2. Except as otherwise provided in this compact, venue is proper and judicial
19121912 proceedings by or against the compact commission shall be brought solely and
19131913 exclusively in a court of competent jurisdiction where the principal office of the
19141914 compact commission is located. The compact commission may waive venue and
19151915 jurisdictional defenses to the extent it adopts or consents to participate in
19161916 alternative dispute resolution proceedings. Nothing herein shall affect or limit the
19171917 selection or propriety of venue in any action against a licensee for professional
19181918 malpractice, misconduct, or any such similar matter.
19191919 3. The compact commission shall be entitled to receive service of process in
19201920 any proceeding regarding the enforcement or interpretation of the compact and
19211921 shall have standing to intervene in such a proceeding for all purposes. Failure to
19221922 provide the compact commission service of process shall render a judgment or order
19231923 void as to the compact commission, this compact, or promulgated rules.
19241924 (b) Default, technical assistance, and termination. 1. If the compact
19251925 commission determines that a member state has defaulted in the performance of its
19261926 obligations or responsibilities under this compact or the promulgated rules, the
19271927 compact commission shall provide written notice to the defaulting state. The notice
19281928 of default shall describe the default, the proposed means of curing the default, and
19291929 any other action that the compact commission may take and shall offer training and
19301930 specific technical assistance regarding the default.
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19521952 22 2025 - 2026 Legislature
19531953 SENATE BILL 71
19541954 - 41 - LRB-1917/1
19551955 MED:cdc
19561956 SECTION 30
19571957 2. The compact commission shall provide a copy of the notice of default to the
19581958 other member states.
19591959 (c) If a state in default fails to cure the default, the defaulting state may be
19601960 terminated from the compact upon an affirmative vote of a majority of the delegates
19611961 of the member states, and all rights, privileges, and benefits conferred on that state
19621962 by this compact may be terminated on the effective date of termination. A cure of
19631963 the default does not relieve the offending state of obligations or liabilities incurred
19641964 during the period of default.
19651965 (d) Termination of membership in the compact shall be imposed only after all
19661966 other means of securing compliance have been exhausted. Notice of intent to
19671967 suspend or terminate shall be given by the compact commission to the governor, the
19681968 majority and minority leaders of the defaulting state[s legislature, the defaulting
19691969 state[s licensing authority, and each of the member states[ licensing authority.
19701970 (e) A state that has been terminated is responsible for all assessments,
19711971 obligations, and liabilities incurred through the effective date of termination,
19721972 including obligations that extend beyond the effective date of termination.
19731973 (f) Upon the termination of a state[s membership from this compact, that
19741974 state shall immediately provide notice to all licensees within that state of such
19751975 termination. The terminated state shall continue to recognize all compact
19761976 privileges granted pursuant to this compact for a minimum of 6 months after the
19771977 date of said notice of termination.
19781978 (g) The compact commission shall not bear any costs related to a state that is
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20002000 22 2025 - 2026 Legislature
20012001 SENATE BILL 71
20022002 - 42 - LRB-1917/1
20032003 MED:cdc
20042004 SECTION 30
20052005 found to be in default or that has been terminated from the compact, unless agreed
20062006 upon in writing between the compact commission and the defaulting state.
20072007 (h) The defaulting state may appeal the action of the compact commission by
20082008 petitioning the U.S. District Court for the District of Columbia or the federal
20092009 district where the compact commission has its principal offices. The prevailing
20102010 party shall be awarded all costs of such litigation, including reasonable attorney[s
20112011 fees.
20122012 (i) Dispute resolution. 1. Upon request by a member state, the compact
20132013 commission shall attempt to resolve disputes related to the compact that arise
20142014 among member states and between member and nonmember states.
20152015 2. The compact commission shall promulgate a rule providing for both
20162016 mediation and binding dispute resolution for disputes as appropriate.
20172017 (j) Enforcement. 1. By supermajority vote, the compact commission may
20182018 initiate legal action against a member state in default in the U.S. District Court for
20192019 the District of Columbia or the federal district where the compact commission has
20202020 its principal offices to enforce compliance with the provisions of the compact and its
20212021 promulgated rules. The relief sought may include both injunctive relief and
20222022 damages. In the event judicial enforcement is necessary, the prevailing party shall
20232023 be awarded all costs of such litigation, including reasonable attorney[s fees. The
20242024 remedies herein shall not be the exclusive remedies of the compact commission.
20252025 The compact commission may pursue any other remedies available under federal or
20262026 the defaulting member state[s law.
20272027 2. A member state may initiate legal action against the compact commission
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20502050 23 2025 - 2026 Legislature
20512051 SENATE BILL 71
20522052 - 43 - LRB-1917/1
20532053 MED:cdc
20542054 SECTION 30
20552055 in the U.S. District Court for the District of Columbia or the federal district where
20562056 the compact commission has its principal offices to enforce compliance with the
20572057 provisions of the compact and its promulgated rules. The relief sought may include
20582058 both injunctive relief and damages. In the event judicial enforcement is necessary,
20592059 the prevailing party shall be awarded all costs of such litigation, including
20602060 reasonable attorney[s fees.
20612061 3. No party other than a member state shall enforce this compact against the
20622062 compact commission.
20632063 (12) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . (a) The compact shall
20642064 come into effect on the date on which the compact statute is enacted into law in the
20652065 7th member state.
20662066 1. On or after the effective date of the compact, the compact commission shall
20672067 convene and review the enactment of each of the first 7 member states (Xcharter
20682068 member statesY) to determine if the statute enacted by each such charter member
20692069 state is materially different than the model compact statute.
20702070 a. A charter member state whose enactment is found to be materially
20712071 different from the model compact statute shall be entitled to the default process set
20722072 forth in sub. (11).
20732073 b. If any member state is later found to be in default, or is terminated, or
20742074 withdraws from the compact, the compact commission shall remain in existence
20752075 and the compact shall remain in effect even if the number of member states should
20762076 be less than 7.
20772077 2. Member states enacting the compact subsequent to the 7 initial charter
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21002100 23 2025 - 2026 Legislature
21012101 SENATE BILL 71
21022102 - 44 - LRB-1917/1
21032103 MED:cdc
21042104 SECTION 30
21052105 member states shall be subject to the process set forth in sub. (8) (c) 21. to
21062106 determine if their enactments are materially different from the model compact
21072107 statute and whether they qualify for participation in the compact.
21082108 3. All actions taken for the benefit of the compact commission or in
21092109 furtherance of the purposes of the administration of the compact prior to the
21102110 effective date of the compact or the compact commission coming into existence shall
21112111 be considered to be actions of the compact commission unless specifically
21122112 repudiated by the compact commission.
21132113 4. Any state that joins the compact subsequent to the compact commission[s
21142114 initial adoption of the rules and bylaws shall be subject to the rules and bylaws as
21152115 they exist on the date on which the compact becomes law in that state. Any rule
21162116 that has been previously adopted by the compact commission shall have the full
21172117 force and effect of law on the day the compact becomes law in that state.
21182118 (b) Any member state may withdraw from this compact by enacting a statute
21192119 repealing the same.
21202120 1. A member state[s withdrawal shall not take effect until 180 days after
21212121 enactment of the repealing statute.
21222122 2. Withdrawal shall not affect the continuing requirement of the withdrawing
21232123 state[s licensing authority to comply with the investigative and adverse action
21242124 reporting requirements of this compact prior to the effective date of withdrawal.
21252125 3. Upon the enactment of a statute withdrawing from this compact, a state
21262126 shall immediately provide notice of such withdrawal to all licensees within that
21272127 state. Notwithstanding any subsequent statutory enactment to the contrary, such
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21502150 23 2025 - 2026 Legislature
21512151 SENATE BILL 71
21522152 - 45 - LRB-1917/1
21532153 MED:cdc
21542154 SECTION 30
21552155 withdrawing state shall continue to recognize all compact privileges granted
21562156 pursuant to this compact for a minimum of 180 days after the date of such notice of
21572157 withdrawal.
21582158 (c) Nothing contained in this compact shall be construed to invalidate or
21592159 prevent any licensure agreement or other cooperative arrangement between a
21602160 member state and a nonmember state that does not conflict with the provisions of
21612161 this compact.
21622162 (d) This compact may be amended by the member states. No amendment to
21632163 this compact shall become effective and binding upon any member state until it is
21642164 enacted into the laws of all member states.
21652165 (13) CONSTRUCTION AND SEVERABILITY. (a) This compact and the compact
21662166 commission[s rule-making authority shall be liberally construed so as to effectuate
21672167 the purposes and the implementation and administration of the compact.
21682168 Provisions of the compact expressly authorizing or requiring the promulgation of
21692169 rules shall not be construed to limit the compact commission[s rule-making
21702170 authority solely for those purposes.
21712171 (b) The provisions of this compact shall be severable and if any phrase, clause,
21722172 sentence, or provision of this compact is held by a court of competent jurisdiction to
21732173 be contrary to the constitution of any member state, a state seeking participation in
21742174 the compact, or of the United States, or the applicability thereof to any government,
21752175 agency, person, or circumstance is held to be unconstitutional by a court of
21762176 competent jurisdiction, the validity of the remainder of this compact and the
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21982198 22 2025 - 2026 Legislature
21992199 SENATE BILL 71
22002200 - 46 - LRB-1917/1
22012201 MED:cdc
22022202 SECTION 30
22032203 applicability thereof to any other government, agency, person, or circumstance shall
22042204 not be affected thereby.
22052205 (c) Notwithstanding par. (b), the compact commission may deny a state[s
22062206 participation in the compact or, in accordance with the requirements of sub. (11) (b),
22072207 terminate a member state[s participation in the compact, if it determines that a
22082208 constitutional requirement of a member state is a material departure from the
22092209 compact. Otherwise, if this compact shall be held to be contrary to the constitution
22102210 of any member state, the compact shall remain in full force and effect as to the
22112211 remaining member states and in full force and effect as to the member state
22122212 affected as to all severable matters.
22132213 (14) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) Nothing
22142214 herein shall prevent or inhibit the enforcement of any other law of a member state
22152215 that is not inconsistent with the compact.
22162216 (b) Any laws, statutes, regulations, or other legal requirements in a member
22172217 state in conflict with the compact are superseded to the extent of the conflict.
22182218 (c) All permissible agreements between the compact commission and the
22192219 member states are binding in accordance with their terms.
22202220 448.9888 Implementation of the dietitian licensure compact. (1) In
22212221 this section:
22222222 (a) XCompactY means the dietitian licensure compact under s. 448.9887.
22232223 (b) XCompact privilegeY means a compact privilege, as defined in s. 448.9887
22242224 (2) (i), that is granted under the compact to an individual to practice in this state.
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22462246 22 2025 - 2026 Legislature
22472247 SENATE BILL 71
22482248 - 47 - LRB-1917/1
22492249 MED:cdc
22502250 SECTION 30
22512251 (2) The department may impose a fee for an individual to receive a compact
22522252 privilege as provided in s. 448.9887 (3) (c).
22532253 (3) (a) An individual who holds a compact privilege shall comply with s.
22542254 440.03 (13) (am).
22552255 (b) Subject to s. 448.9887 and any rules promulgated thereunder, ss. 440.20 to
22562256 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual
22572257 who holds a compact privilege in the same manner that they apply to holders of
22582258 certificates issued under subch. V.
22592259 SECTION 31. 450.10 (3) (a) 5m. of the statutes is amended to read:
22602260 450.10 (3) (a) 5m. A dietitian who is certified under subch. V of ch. 448 or who
22612261 holds a compact privilege under subch. XIV of ch. 448.
22622262 SECTION 32. 632.895 (1) (b) 5. b. of the statutes is repealed and recreated to
22632263 read:
22642264 632.895 (1) (b) 5. b. A dietitian who is certified under subch. V of ch. 448 or
22652265 who holds a compact privilege under subch. XIV of ch. 448.
22662266 (END)
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