Isaac Dietitian Bill Lets A Multistate Commission Make Binding Rules

The text as introduced · 8,674 words

89R15303 DNC-D

By: Isaac
H.B. No. 4465

A BILL TO BE ENTITLED

AN ACT

relating to the dietitian licensure compact; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 701, Occupations Code, is amended by

adding Subchapter J to read as follows:

SUBCHAPTER J. DIETITIAN LICENSURE COMPACT

Sec. 701.451. DIETITIAN LICENSURE COMPACT. The Dietitian

Licensure Compact is enacted and entered into with all other

jurisdictions that legally join in the compact, which reads as

follows:

DIETITIAN LICENSURE COMPACT

SECTION 1: PURPOSE

The purpose of this Compact is to facilitate interstate Practice of

Dietetics with the goal of improving public access to dietetics

services. This Compact preserves the regulatory authority of

States to protect public health and safety through the current

system of State licensure, while also providing for licensure

portability through a Compact Privilege granted to qualifying

professionals.

This Compact is designed to achieve the following objectives:

A. Increase public access to dietetics services;

B. Provide opportunities for interstate practice by

Licensed Dietitians who meet uniform requirements;

C. Eliminate the necessity for Licenses in multiple States;

D. Reduce administrative burden on Member States and

Licensees;

E. Enhance the States' ability to protect the public's

health and safety;

F. Encourage the cooperation of Member States in regulating

multistate practice of Licensed Dietitians;

G. Support relocating Active Military Members and their

spouses;

H. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States; and

I. Vest all Member States with the authority to hold a

Licensed Dietitian accountable for meeting all State practice laws

in the State in which the patient is located at the time care is

rendered.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the

following definitions shall apply:

A. "ACEND" means the Accreditation Council for Education in

Nutrition and Dietetics or its successor organization.

B. "Active Military Member" means any individual with

full-time duty status in the active armed forces of the United

States, including members of the National Guard and Reserve.

C. "Adverse Action" means any administrative, civil,

equitable or criminal action permitted by a State's laws which is

imposed by a Licensing Authority or other authority against a

Licensee, including actions against an individual's License or

Compact Privilege such as revocation, suspension, probation,

monitoring of the Licensee, limitation on the Licensee's practice,

or any other Encumbrance on licensure affecting a Licensee's

authorization to practice, including issuance of a cease and desist

action.

D. "Alternative Program" means a non-disciplinary

monitoring or practice remediation process approved by a Licensing

Authority.

E. "Charter Member State" means any Member State which

enacted this Compact by law before the Effective Date specified in

Section 12.

F. "Continuing Education" means a requirement, as a

condition of License renewal, to provide evidence of participation

in, and completion of, educational and professional activities

relevant to practice or area of work.

G. "CDR" means the Commission on Dietetic Registration or

its successor organization.

H. "Compact Commission" means the government agency whose

membership consists of all States that have enacted this Compact,

which is known as the Dietitian Licensure Compact Commission, as

described in Section 8, and which shall operate as an

instrumentality of the Member States.

I. "Compact Privilege" means a legal authorization, which

is equivalent to a License, permitting the Practice of Dietetics in

a Remote State.

J. "Current Significant Investigative Information" means:

1. Investigative Information that a Licensing

Authority, after a preliminary inquiry that includes notification

and an opportunity for the subject Licensee to respond, if required

by State law, has reason to believe is not groundless and, if proved

true, would indicate more than a minor infraction; or

2. Investigative Information that indicates that the

subject Licensee represents an immediate threat to public health

and safety regardless of whether the subject Licensee has been

notified and had an opportunity to respond.

K. "Data System" means a repository of information about

Licensees, including, but not limited to, Continuing Education,

examination, licensure, investigative, Compact Privilege and

Adverse Action information.

L. "Encumbered License" means a License in which an Adverse

Action restricts a Licensee's ability to practice dietetics.

M. "Encumbrance" means a revocation or suspension of, or any

limitation on a Licensee's full and unrestricted Practice of

Dietetics by a Licensing Authority.

N. "Executive Committee" means a group of delegates elected

or appointed to act on behalf of, and within the powers granted to

them by, this Compact, and the Compact Commission.

O. "Home State" means the Member State that is the

Licensee's primary State of residence or that has been designated

pursuant to Section 6.

P. "Investigative Information" means information, records,

and documents received or generated by a Licensing Authority

pursuant to an investigation.

Q. "Jurisprudence Requirement" means an assessment of an

individual's knowledge of the State laws and regulations governing

the Practice of Dietetics in such State.

R. "License" means an authorization from a Member State to

either:

1. Engage in the Practice of Dietetics (including

medical nutrition therapy); or

2. Use the title "dietitian," "licensed dietitian,"

"licensed dietitian nutritionist," "certified dietitian," or other

title describing a substantially similar practitioner as the

Compact Commission may further define by Rule.

S. "Licensee" or "Licensed Dietitian" means an individual

who currently holds a License and who meets all of the requirements

outlined in Section 4.

T. "Licensing Authority" means the board or agency of a

State, or equivalent, that is responsible for the licensing and

regulation of the Practice of Dietetics.

U. "Member State" means a State that has enacted the

Compact.

V. "Practice of Dietetics" means the synthesis and

application of dietetics as defined by state law and regulations,

primarily for the provision of nutrition care services, including

medical nutrition therapy, in person or via telehealth, to prevent,

manage, or treat diseases or medical conditions and promote

wellness.

W. "Registered Dietitian" means a person who:

1. Has completed applicable education, experience,

examination, and recertification requirements approved by CDR;

2. Is credentialed by CDR as a registered dietitian or

a registered dietitian nutritionist; and

3. Is legally authorized to use the title registered

dietitian or registered dietitian nutritionist and the

corresponding abbreviations "RD" or "RDN."

X. "Remote State" means a Member State other than the Home

State, where a Licensee is exercising or seeking to exercise a

Compact Privilege.

Y. "Rule" means a regulation promulgated by the Compact

Commission that has the force of law.

Z. "Single State License" means a License issued by a Member

State within the issuing State and does not include a Compact

Privilege in any other Member State.

AA. "State" means any state, commonwealth, district, or

territory of the United States of America.

BB. "Unencumbered License" means a License that authorizes

a Licensee to engage in the full and unrestricted Practice of

Dietetics.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. To participate in the Compact, a State must currently:

1. License and regulate the Practice of Dietetics; and

2. Have a mechanism in place for receiving and

investigating complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Compact Commission's Data

System, including using the unique identifier as defined in Rules;

2. Notify the Compact Commission, in compliance with

the terms of the Compact and Rules, of any Adverse Action or the

availability of Current Significant Investigative Information

regarding a Licensee;

3. Implement or utilize procedures for considering the

criminal history record information of applicants for an initial

Compact Privilege. These procedures shall include the submission

of fingerprints or other biometric-based information by applicants

for the purpose of obtaining an applicant's criminal history record

information from the Federal Bureau of Investigation and the agency

responsible for retaining that State's criminal records;

a. A Member State must fully implement a criminal

history record information requirement, within a time frame

established by Rule, which includes receiving the results of the

Federal Bureau of Investigation record search and shall use those

results in determining Compact Privilege eligibility.

b. Communication between a Member State and the

Compact Commission or among Member States regarding the

verification of eligibility for a Compact Privilege shall not

include any information received from the Federal Bureau of

Investigation relating to a federal criminal history record

information check performed by a Member State.

4. Comply with and enforce the Rules of the Compact

Commission;

5. Require an applicant for a Compact Privilege to

obtain or retain a License in the Licensee's Home State and meet the

Home State's qualifications for licensure or renewal of licensure,

as well as all other applicable State laws; and

6. Recognize a Compact Privilege granted to a Licensee

who meets all of the requirements outlined in Section 4 in

accordance with the terms of the Compact and Rules.

C. Member States may set and collect a fee for granting a

Compact Privilege.

D. Individuals not residing in a Member State shall continue

to be able to apply for a Member State's Single State License as

provided under the laws of each Member State. However, the Single

State License granted to these individuals shall not be recognized

as granting a Compact Privilege to engage in the Practice of

Dietetics in any other Member State.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

F. At no point shall the Compact Commission have the power

to define the requirements for the issuance of a Single State

License to practice dietetics. The Member States shall retain sole

jurisdiction over the provision of these requirements.

SECTION 4. COMPACT PRIVILEGE

A. To exercise the Compact Privilege under the terms and

provisions of the Compact, the Licensee shall:

1. Satisfy one of the following:

a. Hold a valid current registration that gives

the applicant the right to use the term Registered Dietitian; or

b. Complete all of the following:

i. An education program which is either:

a) A master's degree or doctoral

degree that is programmatically accredited by (i) ACEND; or (ii) a

dietetics accrediting agency recognized by the United States

Department of Education, which the Compact Commission may by Rule

determine, and from a college or university accredited at the time

of graduation by the appropriate regional accrediting agency

recognized by the Council on Higher Education Accreditation and the

United States Department of Education.

b) An academic degree from a college

or university in a foreign country equivalent to the degree

described in subparagraph (a) that is programmatically accredited

by (i) ACEND; or (ii) a dietetics accrediting agency recognized by

the United States Department of Education, which the Compact

Commission may by Rule determine.

ii. A planned, documented, supervised

practice experience in dietetics that is programmatically

accredited by (i) ACEND, or (ii) a dietetics accrediting agency

recognized by the United States Department of Education which the

Compact Commission may by Rule determine and which involves at

least 1000 hours of practice experience under the supervision of a

Registered Dietitian or a Licensed Dietitian.

iii. Successful completion of either: (i)

the Registration Examination for Dietitians administered by CDR, or

(ii) a national credentialing examination for dietitians approved

by the Compact Commission by Rule; such completion being no more

than five years prior to the date of the Licensee's application for

initial licensure and accompanied by a period of continuous

licensure thereafter, all of which may be further governed by the

Rules of the Compact Commission.

2. Hold an Unencumbered License in the Home State;

3. Notify the Compact Commission that the Licensee is

seeking a Compact Privilege within a Remote State(s);

4. Pay any applicable fees, including any State fee,

for the Compact Privilege;

5. Meet any Jurisprudence Requirements established by

the Remote State(s) in which the Licensee is seeking a Compact

Privilege; and

6. Report to the Compact Commission any Adverse

Action, Encumbrance, or restriction on a License taken by any

non-Member State within 30 days from the date the action is taken.

B. The Compact Privilege is valid until the expiration date

of the Home State License. To maintain a Compact Privilege, renewal

of the Compact Privilege shall be congruent with the renewal of the

Home State License as the Compact Commission may define by Rule.

The Licensee must comply with the requirements of Section 4(A) to

maintain the Compact Privilege in the Remote State(s).

C. A Licensee exercising a Compact Privilege shall adhere to

the laws and regulations of the Remote State. Licensees shall be

responsible for educating themselves on, and complying with, any

and all State laws relating to the Practice of Dietetics in such

Remote State.

D. Notwithstanding anything to the contrary provided in

this Compact or State law, a Licensee exercising a Compact

Privilege shall not be required to complete Continuing Education

Requirements required by a Remote State. A Licensee exercising a

Compact Privilege is only required to meet any Continuing Education

Requirements as required by the Home State.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT

PRIVILEGE

A. A Licensee may hold a Home State License, which allows

for a Compact Privilege in other Member States, in only one Member

State at a time.

B. If a Licensee changes Home State by moving between two

Member States:

1. The Licensee shall file an application for

obtaining a new Home State License based on a Compact Privilege, pay

all applicable fees, and notify the current and new Home State in

accordance with the Rules of the Compact Commission.

2. Upon receipt of an application for obtaining a new

Home State License by virtue of a Compact Privilege, the new Home

State shall verify that the Licensee meets the criteria in Section 4

via the Data System, and require that the Licensee complete the

following:

a. Federal Bureau of Investigation fingerprint

based criminal history record information check;

b. Any other criminal history record information

required by the new Home State; and

c. Any Jurisprudence Requirements of the new Home

State.

3. The former Home State shall convert the former Home

State License into a Compact Privilege once the new Home State has

activated the new Home State License in accordance with applicable

Rules adopted by the Compact Commission.

4. Notwithstanding any other provision of this

Compact, if the Licensee cannot meet the criteria in Section 4, the

new Home State may apply its requirements for issuing a new Single

State License.

5. The Licensee shall pay all applicable fees to the

new Home State in order to be issued a new Home State License.

C. If a Licensee changes their State of residence by moving

from a Member State to a non-Member State, or from a non-Member

State to a Member State, the State criteria shall apply for issuance

of a Single State License in the new State.

D. Nothing in this Compact shall interfere with a Licensee's

ability to hold a Single State License in multiple States; however,

for the purposes of this Compact, a Licensee shall have only one

Home State License.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES

An Active Military Member, or their spouse, shall designate a Home

State where the individual has a current License in good standing.

The individual may retain the Home State designation during the

period the service member is on active duty.

SECTION 7. ADVERSE ACTIONS

A. In addition to the other powers conferred by State law, a

Remote State shall have the authority, in accordance with existing

State due process law, to:

1. Take Adverse Action against a Licensee's Compact

Privilege within that Member State; and

2. Issue subpoenas for both hearings and

investigations that require the attendance and testimony of

witnesses as well as the production of evidence. Subpoenas issued

by a Licensing Authority in a Member State for the attendance and

testimony of witnesses or the production of evidence from another

Member State shall be enforced in the latter State by any court of

competent jurisdiction, according to the practice and procedure

applicable to subpoenas issued in proceedings pending before that

court. The issuing authority shall pay any witness fees, travel

expenses, mileage, and other fees required by the service statutes

of the State in which the witnesses or evidence are located.

B. Only the Home State shall have the power to take Adverse

Action against a Licensee's Home State License.

C. For purposes of taking Adverse Action, the Home State

shall give the same priority and effect to reported conduct

received from a Member State as it would if the conduct had occurred

within the Home State. In so doing, the Home State shall apply its

own State laws to determine appropriate action.

D. The Home State shall complete any pending investigations

of a Licensee who changes Home States during the course of the

investigations. The Home State shall also have authority to take

appropriate action(s) and shall promptly report the conclusions of

the investigations to the administrator of the Data System. The

administrator of the Data System shall promptly notify the new Home

State of any Adverse Actions.

E. A Member State, if otherwise permitted by State law, may

recover from the affected Licensee the costs of investigations and

dispositions of cases resulting from any Adverse Action taken

against that Licensee.

F. A Member State may take Adverse Action based on the

factual findings of another Remote State, provided that the Member

State follows its own procedures for taking the Adverse Action.

G. Joint Investigations:

1. In addition to the authority granted to a Member

State by its respective State law, any Member State may participate

with other Member States in joint investigations of Licensees.

2. Member States shall share any investigative,

litigation, or compliance materials in furtherance of any joint

investigation initiated under the Compact.

H. If Adverse Action is taken by the Home State against a

Licensee's Home State License resulting in an Encumbrance on the

Home State License, the Licensee's Compact Privilege(s) in all

other Member States shall be revoked until all Encumbrances have

been removed from the Home State License. All Home State

disciplinary orders that impose Adverse Action against a Licensee

shall include a statement that the Licensee's Compact Privileges

are revoked in all Member States during the pendency of the order.

I. Once an Encumbered License in the Home State is restored

to an Unencumbered License (as certified by the Home State's

Licensing Authority), the Licensee must meet the requirements of

Section 4(A) and follow the administrative requirements to reapply

to obtain a Compact Privilege in any Remote State.

J. If a Member State takes Adverse Action, it shall promptly

notify the administrator of the Data System. The administrator of

the Data System shall promptly notify the other Member States State

of any Adverse Actions.

K. Nothing in this Compact shall override a Member State's

decision that participation in an Alternative Program may be used

in lieu of Adverse Action.

SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT

COMMISSION

A. The Compact Member States hereby create and establish a

joint government agency whose membership consists of all Member

States that have enacted the Compact known as the Dietitian

Licensure Compact Commission. The Compact Commission is an

instrumentality of the Compact States acting jointly and not an

instrumentality of any one State. The Compact Commission shall

come into existence on or after the effective date of the Compact as

set forth in Section 12.

B. Membership, Voting, and Meetings

1. Each Member State shall have and be limited to one

(1) delegate selected by that Member State's Licensing Authority.

2. The delegate shall be the primary administrator of

the Licensing Authority or their designee.

3. The Compact Commission shall by Rule or bylaw

establish a term of office for delegates and may by Rule or bylaw

establish term limits.

4. The Compact Commission may recommend removal or

suspension of any delegate from office.

5. A Member State's Licensing Authority shall fill any

vacancy of its delegate occurring on the Compact Commission within

60 days of the vacancy.

6. Each delegate shall be entitled to one vote on all

matters before the Compact Commission requiring a vote by the

delegates.

7. Delegates shall meet and vote by such means as set

forth in the bylaws. The bylaws may provide for delegates to meet

and vote in-person or by telecommunication, video conference, or

other means of communication.

8. The Compact Commission shall meet at least once

during each calendar year. Additional meetings may be held as set

forth in the bylaws. The Compact Commission may meet in person or

by telecommunication, video conference, or other means of

communication.

C. The Compact Commission shall have the following powers:

1. Establish the fiscal year of the Compact

Commission;

2. Establish code of conduct and conflict of interest

policies;

3. Establish and amend Rules and bylaws;

4. Maintain its financial records in accordance with

the bylaws;

5. Meet and take such actions as are consistent with

the provisions of this Compact, the Compact Commission's Rules, and

the bylaws;

6. Initiate and conclude legal proceedings or actions

in the name of the Compact Commission, provided that the standing of

any Licensing Authority to sue or be sued under applicable law shall

not be affected;

7. Maintain and certify records and information

provided to a Member State as the authenticated business records of

the Compact Commission, and designate an agent to do so on the

Compact Commission's behalf;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of

personnel, including, but not limited to, employees of a Member

State;

10. Conduct an annual financial review;

11. Hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and establish

the Compact Commission's personnel policies and programs relating

to conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Assess and collect fees;

13. Accept any and all appropriate donations, grants

of money, other sources of revenue, equipment, supplies, materials,

services, and gifts, and receive, utilize, and dispose of the same;

provided that at all times the Compact Commission shall avoid any

actual or appearance of impropriety or conflict of interest;

14. Lease, purchase, retain, own, hold, improve, or

use any property, real, personal, or mixed, or any undivided

interest therein;

15. Sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property real, personal, or

mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

18. Appoint committees, including standing

committees, composed of members, State regulators, State

legislators or their representatives, and consumer

representatives, and such other interested persons as may be

designated in this Compact or the bylaws;

19. Provide and receive information from, and

cooperate with, law enforcement agencies;

20. Establish and elect an Executive Committee,

including a chair and a vice chair;

21. Determine whether a State's adopted language is

materially different from the model compact language such that the

State would not qualify for participation in the Compact; and

22. Perform such other functions as may be necessary

or appropriate to achieve the purposes of this Compact.

D. The Executive Committee

1. The Executive Committee shall have the power to act

on behalf of the Compact Commission according to the terms of this

Compact. The powers, duties, and responsibilities of the Executive

Committee shall include:

a. Oversee the day-to-day activities of the

administration of the Compact including enforcement and compliance

with the provisions of the Compact, its Rules and bylaws, and other

such duties as deemed necessary;

b. Recommend to the Compact Commission changes to

the Rules or bylaws, changes to this Compact legislation, fees

charged to Compact Member States, fees charged to Licensees, and

other fees;

c. Ensure Compact administration services are

appropriately provided, including by contract;

d. Prepare and recommend the budget;

e. Maintain financial records on behalf of the

Compact Commission;

f. Monitor Compact compliance of Member States

and provide compliance reports to the Compact Commission;

g. Establish additional committees as necessary;

h. Exercise the powers and duties of the Compact

Commission during the interim between Compact Commission meetings,

except for adopting or amending Rules, adopting or amending bylaws,

and exercising any other powers and duties expressly reserved to

the Compact Commission by Rule or bylaw; and

i. Other duties as provided in the Rules or

bylaws of the Compact Commission.

2. The Executive Committee shall be composed of nine

members:

a. The chair and vice chair of the Compact

Commission shall be voting members of the Executive Committee;

b. Five voting members from the current

membership of the Compact Commission, elected by the Compact

Commission;

c. One ex-officio, nonvoting member from a

recognized professional association representing dietitians; and

d. One ex-officio, nonvoting member from a

recognized national credentialing organization for dietitians.

3. The Compact Commission may remove any member of the

Executive Committee as provided in the Compact Commission's bylaws.

4. The Executive Committee shall meet at least

annually.

a. Executive Committee meetings shall be open to

the public, except that the Executive Committee may meet in a

closed, non-public meeting as provided in subsection (F)(2).

b. The Executive Committee shall give 30 days'

notice of its meetings, posted on the website of the Compact

Commission and as determined to provide notice to persons with an

interest in the business of the Compact Commission.

c. The Executive Committee may hold a special

meeting in accordance with subsection (F)(1)(b).

E. The Compact Commission shall adopt and provide to the

Member States an annual report.

F. Meetings of the Compact Commission

1. All meetings shall be open to the public, except

that the Compact Commission may meet in a closed, non-public

meeting as provided in subsection (F)(2).

a. Public notice for all meetings of the full

Compact Commission shall be given in the same manner as required

under the rulemaking provisions in Section 10, except that the

Compact Commission may hold a special meeting as provided in

subsection (F)(1)(b).

b. The Compact Commission may hold a special

meeting when it must meet to conduct emergency business by giving 24

hours' notice to all Member States, on the Compact Commission's

website, and other means as provided in the Compact Commission's

Rules. The Compact Commission's legal counsel shall certify that

the Compact Commission's need to meet qualifies as an emergency.

2. The Compact Commission or the Executive Committee

or other committees of the Compact Commission may convene in a

closed, non-public meeting for the Compact Commission or Executive

Committee or other committees of the Compact Commission to receive

legal advice or to discuss:

a. Non-compliance of a Member State with its

obligations under the Compact;

b. The employment, compensation, discipline, or

other matters, practices, or procedures related to specific

employees;

c. Current or threatened discipline of a Licensee

by the Compact Commission or by a Member State's Licensing

Authority;

d. Current, threatened, or reasonably

anticipated litigation;

e. Negotiation of contracts for the purchase,

lease, or sale of goods, services, or real estate;

f. Accusing any person of a crime or formally

censuring any person;

g. Trade secrets or commercial or financial

information that is privileged or confidential;

h. Information of a personal nature where

disclosure would constitute a clearly unwarranted invasion of

personal privacy;

i. Investigative records compiled for law

enforcement purposes;

j. Information related to any investigative

reports prepared by or on behalf of or for use of the Compact

Commission or other committee charged with responsibility of

investigation or determination of compliance issues pursuant to the

Compact;

k. Matters specifically exempted from disclosure

by federal or Member State law; or

l. Other matters as specified in the Rules of the

Compact Commission.

3. If a meeting, or portion of a meeting, is closed,

the presiding officer shall state that the meeting will be closed

and reference each relevant exempting provision, and such reference

shall be recorded in the minutes.

4. The Compact Commission shall keep minutes that

fully and clearly describe all matters discussed in a meeting and

shall provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed.

All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed

meeting shall remain under seal, subject to release only by a

majority vote of the Compact Commission or order of a court of

competent jurisdiction.

G. Financing of the Compact Commission

1. The Compact Commission shall pay, or provide for

the payment of, the reasonable expenses of its establishment,

organization, and ongoing activities.

2. The Compact Commission may accept any and all

appropriate revenue sources as provided in subsection (C)(13).

3. The Compact Commission may levy on and collect an

annual assessment from each Member State and impose fees on

Licensees of Member States to whom it grants a Compact Privilege to

cover the cost of the operations and activities of the Compact

Commission and its staff, which must, in a total amount, be

sufficient to cover its annual budget as approved each year for

which revenue is not provided by other sources. The aggregate

annual assessment amount for Member States shall be allocated based

upon a formula that the Compact Commission shall promulgate by

Rule.

4. The Compact Commission shall not incur obligations

of any kind prior to securing the funds adequate to meet the same;

nor shall the Compact Commission pledge the credit of any of the

Member States, except by and with the authority of the Member State.

5. The Compact Commission shall keep accurate accounts

of all receipts and disbursements. The receipts and disbursements

of the Compact Commission shall be subject to the financial review

and accounting procedures established under its bylaws. However,

all receipts and disbursements of funds handled by the Compact

Commission shall be subject to an annual financial review by a

certified or licensed public accountant, and the report of the

financial review shall be included in and become part of the annual

report of the Compact Commission.

H. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director,

employees and representatives of the Compact Commission shall be

immune from suit and liability, both personally and in their

official capacity, for any claim for damage to or loss of property

or personal injury or other civil liability caused by or arising out

of any actual or alleged act, error, or omission that occurred, or

that the person against whom the claim is made had a reasonable

basis for believing occurred within the scope of Compact Commission

employment, duties, or responsibilities; provided that nothing in

this paragraph shall be construed to protect any such person from

suit or liability for any damage, loss, injury, or liability caused

by the intentional or willful or wanton misconduct of that person.

The procurement of insurance of any type by the Compact Commission

shall not in any way compromise or limit the immunity granted

hereunder.

2. The Compact Commission shall defend any member,

officer, executive director, employee, and representative of the

Compact Commission in any civil action seeking to impose liability

arising out of any actual or alleged act, error, or omission that

occurred within the scope of Compact Commission employment, duties,

or responsibilities, or as determined by the Compact Commission

that the person against whom the claim is made had a reasonable

basis for believing occurred within the scope of Compact Commission

employment, duties, or responsibilities; provided that nothing

herein shall be construed to prohibit that person from retaining

their own counsel at their own expense; and provided further, that

the actual or alleged act, error, or omission did not result from

that person's intentional or willful or wanton misconduct.

3. The Compact Commission shall indemnify and hold

harmless any member, officer, executive director, employee, and

representative of the Compact Commission for the amount of any

settlement or judgment obtained against that person arising out of

any actual or alleged act, error, or omission that occurred within

the scope of Compact Commission employment, duties, or

responsibilities, or that such person had a reasonable basis for

believing occurred within the scope of Compact Commission

employment, duties, or responsibilities, provided that the actual

or alleged act, error, or omission did not result from the

intentional or willful or wanton misconduct of that person.

4. Nothing herein shall be construed as a limitation

on the liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

State laws.

5. Nothing in this Compact shall be interpreted to

waive or otherwise abrogate a Member State's state action immunity

or state action affirmative defense with respect to antitrust

claims under the Sherman Act, Clayton Act, or any other State or

federal antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a

waiver of sovereign immunity by the Member States or by the Compact

Commission.

SECTION 9. DATA SYSTEM

A. The Compact Commission shall provide for the

development, maintenance, operation, and utilization of a

coordinated Data System.

B. The Compact Commission shall assign each applicant for a

Compact Privilege a unique identifier, as determined by the Rules.

C. Notwithstanding any other provision of State law to the

contrary, a Member State shall submit a uniform data set to the Data

System on all individuals to whom this Compact is applicable as

required by the Rules of the Compact Commission, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a License or Compact

Privilege and information related thereto;

4. Non-confidential information related to

Alternative Program participation, the beginning and ending dates

of such participation, and other information related to such

participation not made confidential under Member State law;

5. Any denial of application for licensure, and the

reason(s) for such denial;

6. The presence of Current Significant Investigative

Information; and

7. Other information that may facilitate the

administration of this Compact or the protection of the public, as

determined by the Rules of the Compact Commission.

D. The records and information provided to a Member State

pursuant to this Compact or through the Data System, when certified

by the Compact Commission or an agent thereof, shall constitute the

authenticated business records of the Compact Commission, and shall

be entitled to any associated hearsay exception in any relevant

judicial, quasi-judicial, or administrative proceedings in a

Member State.

E. Current Significant Investigative Information

pertaining to a Licensee in any Member State will only be available

to other Member States.

F. It is the responsibility of the Member States to report

any Adverse Action against a Licensee and to monitor the Data System

to determine whether any Adverse Action has been taken against a

Licensee. Adverse Action information pertaining to a Licensee in

any Member State will be available to any other Member State.

G. Member States contributing information to the Data

System may designate information that may not be shared with the

public without the express permission of the contributing State.

H. Any information submitted to the Data System that is

subsequently expunged pursuant to federal law or the laws of the

Member State contributing the information shall be removed from the

Data System.

SECTION 10. RULEMAKING

A. The Compact Commission shall promulgate reasonable Rules

in order to effectively and efficiently implement and administer

the purposes and provisions of the Compact. A Rule shall be invalid

and have no force or effect only if a court of competent

jurisdiction holds that the Rule is invalid because the Compact

Commission exercised its rulemaking authority in a manner that is

beyond the scope and purposes of the Compact, or the powers granted

hereunder, or based upon another applicable standard of review.

B. The Rules of the Compact Commission shall have the force

of law in each Member State, provided however that where the Rules

conflict with the laws or regulations of a Member State that relate

to the procedures, actions, and processes a Licensed Dietitian is

permitted to undertake in that State and the circumstances under

which they may do so, as held by a court of competent jurisdiction,

the Rules of the Compact Commission shall be ineffective in that

State to the extent of the conflict.

C. The Compact Commission shall exercise its rulemaking

powers pursuant to the criteria set forth in this Section and the

Rules adopted thereunder. Rules shall become binding on the day

following adoption or as of the date specified in the Rule or

amendment, whichever is later.

D. If a majority of the legislatures of the Member States

rejects a Rule or portion of a Rule, by enactment of a statute or

resolution in the same manner used to adopt the Compact within four

(4) years of the date of adoption of the Rule, then such Rule shall

have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of

the Compact Commission.

F. Prior to adoption of a proposed Rule, the Compact

Commission shall hold a public hearing and allow persons to provide

oral and written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Compact

Commission, and at least thirty (30) days in advance of the meeting

at which the Compact Commission will hold a public hearing on the

proposed Rule, the Compact Commission shall provide a Notice of

Proposed rulemaking:

1. On the website of the Compact Commission or other

publicly accessible platform;

2. To persons who have requested notice of the Compact

Commission's notices of proposed rulemaking; and

3. In such other way(s) as the Compact Commission may

by Rule specify.

H. The Notice of Proposed rulemaking shall include:

1. The time, date, and location of the public hearing

at which the Compact Commission will hear public comments on the

proposed Rule and, if different, the time, date, and location of the

meeting where the Compact Commission will consider and vote on the

proposed Rule;

2. If the hearing is held via telecommunication, video

conference, or other means of communication, the Compact Commission

shall include the mechanism for access to the hearing in the Notice

of Proposed rulemaking;

3. The text of the proposed Rule and the reason

therefore;

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit

written comments.

I. All hearings will be recorded. A copy of the recording

and all written comments and documents received by the Compact

Commission in response to the proposed Rule shall be available to

the public.

J. Nothing in this Section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Compact Commission at hearings required by this

Section.

K. The Compact Commission shall, by majority vote of all

members, take final action on the proposed Rule based on the

rulemaking record and the full text of the Rule.

1. The Compact Commission may adopt changes to the

proposed Rule provided the changes do not enlarge the original

purpose of the proposed Rule.

2. The Compact Commission shall provide an explanation

of the reasons for substantive changes made to the proposed Rule as

well as reasons for substantive changes not made that were

recommended by commenters.

3. The Compact Commission shall determine a reasonable

effective date for the Rule. Except for an emergency as provided in

Section 10(L), the effective date of the Rule shall be no sooner

than 30 days after issuing the notice that it adopted or amended the

Rule.

L. Upon determination that an emergency exists, the Compact

Commission may consider and adopt an emergency Rule with 24 hours'

notice, with opportunity to comment, provided that the usual

rulemaking procedures provided in the Compact and in this Section

shall be retroactively applied to the Rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the Rule. For the purposes of this provision, an

emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety,

or welfare;

2. Prevent a loss of Compact Commission or Member

State funds;

3. Meet a deadline for the promulgation of a Rule that

is established by federal law or rule; or

4. Protect public health and safety.

M. The Compact Commission or an authorized committee of the

Compact Commission may direct revision to a previously adopted Rule

for purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revision shall be posted on the website of the Compact Commission.

The revision shall be subject to challenge by any person for a

period of thirty (30) days after posting. The revision may be

challenged only on grounds that the revision results in a material

change to a Rule. A challenge shall be made in writing and delivered

to the Compact Commission prior to the end of the notice period. If

no challenge is made, the revision will take effect without further

action. If the revision is challenged, the revision may not take

effect without the approval of the Compact Commission.

N. No Member State's rulemaking requirements shall apply

under this Compact.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive and judicial branches of State

government in each Member State shall enforce this Compact and take

all actions necessary and appropriate to implement this Compact.

2. Except as otherwise provided in this Compact, venue

is proper and judicial proceedings by or against the Compact

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Compact

Commission is located. The Compact Commission may waive venue and

jurisdictional defenses to the extent it adopts or consents to

participate in alternative dispute resolution proceedings. Nothing

herein shall affect or limit the selection or propriety of venue in

any action against a Licensee for professional malpractice,

misconduct, or any such similar matter.

3. The Compact Commission shall be entitled to receive

service of process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide the

Compact Commission service of process shall render a judgment or

order void as to the Compact Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination

1. If the Compact Commission determines that a Member

State has defaulted in the performance of its obligations or

responsibilities under this Compact or the promulgated Rules, the

Compact Commission shall provide written notice to the defaulting

State. The notice of default shall describe the default, the

proposed means of curing the default, and any other action that the

Compact Commission may take and shall offer training and specific

technical assistance regarding the default.

2. The Compact Commission shall provide a copy of the

notice of default to the other Member States.

C. If a State in default fails to cure the default, the

defaulting State may be terminated from the Compact upon an

affirmative vote of a majority of the delegates of the Member

States, and all rights, privileges, and benefits conferred on that

State by this Compact may be terminated on the effective date of

termination. A cure of the default does not relieve the offending

State of obligations or liabilities incurred during the period of

default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Compact Commission to the governor, the majority and

minority leaders of the defaulting State's legislature, the

defaulting State's Licensing Authority, and each of the Member

States' Licensing Authority.

E. A State that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

F. Upon the termination of a State's membership from this

Compact, that State shall immediately provide notice to all

Licensees within that State of such termination. The terminated

State shall continue to recognize all Compact Privileges granted

pursuant to this Compact for a minimum of six months after the date

of said notice of termination.

G. The Compact Commission shall not bear any costs related

to a State that is found to be in default or that has been terminated

from the Compact, unless agreed upon in writing between the Compact

Commission and the defaulting State.

H. The defaulting State may appeal the action of the Compact

Commission by petitioning the U.S. District Court for the District

of Columbia or the federal district where the Compact Commission

has its principal offices. The prevailing party shall be awarded

all costs of such litigation, including reasonable attorney's fees.

I. Dispute Resolution

1. Upon request by a Member State, the Compact

Commission shall attempt to resolve disputes related to the Compact

that arise among Member States and between Member and non-Member

States.

2. The Compact Commission shall promulgate a Rule

providing for both mediation and binding dispute resolution for

disputes as appropriate.

J. Enforcement

1. By supermajority vote, the Compact Commission may

initiate legal action against a Member State in default in the

United States District Court for the District of Columbia or the

federal district where the Compact Commission has its principal

offices to enforce compliance with the provisions of the Compact

and its promulgated Rules. The relief sought may include both

injunctive relief and damages. In the event judicial enforcement is

necessary, the prevailing party shall be awarded all costs of such

litigation, including reasonable attorney's fees. The remedies

herein shall not be the exclusive remedies of the Compact

Commission. The Compact Commission may pursue any other remedies

available under federal or the defaulting Member State's law.

2. A Member State may initiate legal action against

the Compact Commission in the U.S. District Court for the District

of Columbia or the federal district where the Compact Commission

has its principal offices to enforce compliance with the provisions

of the Compact and its promulgated Rules. The relief sought may

include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney's fees.

3. No party other than a Member State shall enforce

this Compact against the Compact Commission.

SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which

the Compact statute is enacted into law in the seventh Member State.

1. On or after the effective date of the Compact, the

Compact Commission shall convene and review the enactment of each

of the first seven Member States ("Charter Member States") to

determine if the statute enacted by each such Charter Member State

is materially different than the model Compact statute.

a. A Charter Member State whose enactment is

found to be materially different from the model Compact statute

shall be entitled to the default process set forth in Section 11.

b. If any Member State is later found to be in

default, or is terminated, or withdraws from the Compact, the

Compact Commission shall remain in existence and the Compact shall

remain in effect even if the number of Member States should be less

than seven.

2. Member States enacting the Compact subsequent to

the seven initial Charter Member States shall be subject to the

process set forth in Section 8(C)(21) to determine if their

enactments are materially different from the model Compact statute

and whether they qualify for participation in the Compact.

3. All actions taken for the benefit of the Compact

Commission or in furtherance of the purposes of the administration

of the Compact prior to the effective date of the Compact or the

Compact Commission coming into existence shall be considered to be

actions of the Compact Commission unless specifically repudiated by

the Compact Commission.

4. Any State that joins the Compact subsequent to the

Compact Commission's initial adoption of the Rules and bylaws shall

be subject to the Rules and bylaws as they exist on the date on which

the Compact becomes law in that State. Any Rule that has been

previously adopted by the Compact Commission shall have the full

force and effect of law on the day the Compact becomes law in that

State.

B. Any Member State may withdraw from this Compact by

enacting a statute repealing the same.

1. A Member State's withdrawal shall not take effect

until 180 days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing

requirement of the withdrawing State's Licensing Authority to

comply with the investigative and Adverse Action reporting

requirements of this Compact prior to the effective date of

withdrawal.

3. Upon the enactment of a statute withdrawing from

this Compact, a State shall immediately provide notice of such

withdrawal to all Licensees within that State. Notwithstanding any

subsequent statutory enactment to the contrary, such withdrawing

State shall continue to recognize all Compact Privileges granted

pursuant to this Compact for a minimum of 180 days after the date of

such notice of withdrawal.

C. Nothing contained in this Compact shall be construed to

invalidate or prevent any licensure agreement or other cooperative

arrangement between a Member State and a non-Member State that does

not conflict with the provisions of this Compact.

D. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding upon

any Member State until it is enacted into the laws of all Member

States.

SECTION 13. CONSTRUCTION AND SEVERABILITY

A. This Compact and the Compact Commission's rulemaking

authority shall be liberally construed so as to effectuate the

purposes and the implementation and administration of the Compact.

Provisions of the Compact expressly authorizing or requiring the

promulgation of Rules shall not be construed to limit the Compact

Commission's rulemaking authority solely for those purposes.

B. The provisions of this Compact shall be severable and if

any phrase, clause, sentence, or provision of this Compact is held

by a court of competent jurisdiction to be contrary to the

constitution of any Member State, a State seeking participation in

the Compact, or of the United States, or the applicability thereof

to any government, agency, person, or circumstance is held to be

unconstitutional by a court of competent jurisdiction, the validity

of the remainder of this Compact and the applicability thereof to

any other government, agency, person, or circumstance shall not be

affected thereby.

C. Notwithstanding Section 13(B), the Compact Commission

may deny a State's participation in the Compact or, in accordance

with the requirements of Section 11(B), terminate a Member State's

participation in the Compact, if it determines that a

constitutional requirement of a Member State is a material

departure from the Compact. Otherwise, if this Compact shall be

held to be contrary to the constitution of any Member State, the

Compact shall remain in full force and effect as to the remaining

Member States and in full force and effect as to the Member State

affected as to all severable matters.

SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS

A. Nothing herein shall prevent or inhibit the enforcement

of any other law of a Member State that is not inconsistent with the

Compact.

B. Any laws, statutes, regulations, or other legal

requirements in a Member State in conflict with the Compact are

superseded to the extent of the conflict.

C. All permissible agreements between the Compact

Commission and the Member States are binding in accordance with

their terms.

Sec. 701.452. ADMINISTRATION OF COMPACT. The department is

the Dietitian Licensure Compact administrator for this state.

Sec. 701.453. RULES. The commission may adopt rules as

necessary to implement this subchapter.

SECTION 2. This Act takes effect September 1, 2025.