Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1284
BY
COMMERCE
AND
HUMAN
RESOURCES
COMMITTEE
AN
ACT
1
RELATING
TO
DIETITIANS;
AMENDING
CHAPTER
35,
TITLE
54,
IDAHO
CODE,
BY
THE
AD
-
2
DITION
OF
A
NEW
SECTION
54
-
3508A,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
DIETI
-
3
TIAN
LICENSURE
COMPACT;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EF
-
4
FECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
35,
Title
54,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
54
-
3508A,
Idaho
Code,
and
to
read
as
follows:
9
54
-
3508A.
DIETITIAN
LICENSURE
COMPACT.
The
interstate
dietitian
li
-
10
censure
compact
is
enacted
and
entered
into
law
with
all
other
jurisdictions
1
1
joining
in
the
compact
in
the
form
substantially
as
follows:
12
DIETITIAN
LICENSURE
COMPACT
13
SECTION
1
14
PURPOSE
15
The
purpose
of
this
compact
is
to
facilitate
interstate
practice
of
16
dietetics
with
the
goal
of
improving
public
access
to
dietetics
services.
17
This
compact
preserves
the
regulatory
authority
of
states
to
protect
public
18
health
and
safety
through
the
current
system
of
state
licensure
while
also
19
providing
for
licensure
portability
through
a
compact
privilege
granted
to
20
qualifying
professionals.
21
This
compact
is
designed
to
achieve
the
following
objectives:
22
A.
Increase
public
access
to
dietetics
services;
23
B.
Provide
opportunities
for
interstate
practice
by
licensed
dieti
-
24
tians
who
meet
uniform
requirements;
25
C.
Eliminate
the
necessity
for
licenses
in
multiple
states;
26
D.
Reduce
administrative
burden
on
member
states
and
licensees;
27
E.
Enhance
the
states'
ability
to
protect
the
public's
health
and
28
safety;
29
F.
Encourage
the
cooperation
of
member
states
in
regulating
multistate
30
practice
of
licensed
dietitians;
31
G.
Support
relocating
active
military
members
and
their
spouses;
32
H.
Enhance
the
exchange
of
licensure,
investigative,
and
disciplinary
33
information
among
member
states;
and
34
I.
Vest
all
member
states
with
the
authority
to
hold
a
licensed
dieti
-
35
tian
accountable
for
meeting
all
state
practice
laws
in
the
state
in
which
36
the
patient
is
located
at
the
time
care
is
rendered.
37
SECTION
2
38
2
DEFINITIONS
1
As
used
in
this
compact,
and
except
as
otherwise
provided,
the
following
2
definitions
shall
apply:
3
A.
"ACEND"
means
the
accreditation
council
for
education
in
nutrition
4
and
dietetics
or
its
successor
organization.
5
B.
"Active
military
member"
means
any
individual
with
full
-
time
duty
6
status
in
the
active
armed
forces
of
the
United
States,
including
members
of
7
the
national
guard
and
reserve.
8
C.
"Adverse
action"
means
any
administrative,
civil,
equitable,
or
9
criminal
action
permitted
by
a
state's
laws
that
is
imposed
by
a
licensing
10
authority
or
other
authority
against
a
licensee,
including
actions
against
1
1
an
individual's
license
or
compact
privilege
such
as
revocation,
suspen
-
12
sion,
probation,
monitoring
of
the
licensee,
limitation
on
the
licensee's
13
practice,
or
any
other
encumbrance
on
licensure
affecting
a
licensee's
au
-
14
thorization
to
practice,
including
issuance
of
a
cease
and
desist
action.
15
D.
"Alternative
program"
means
a
non
-
disciplinary
monitoring
or
prac
-
16
tice
remediation
process
approved
by
a
licensing
authority.
17
E.
"CDR"
means
the
commission
on
dietetic
registration
or
its
successor
18
organization.
19
F.
"Charter
member
state"
means
any
member
state
that
enacted
this
com
-
20
pact
by
law
before
the
effective
date
specified
in
section
12
of
this
com
-
21
pact.
22
G.
"Compact
commission"
means
the
government
agency
whose
membership
23
consists
of
all
states
that
have
enacted
this
compact,
which
is
known
as
the
24
dietitian
licensure
compact
commission,
as
described
in
section
8
of
this
25
compact,
and
which
shall
operate
as
an
instrumentality
of
the
member
states.
26
H.
"Compact
privilege"
means
a
legal
authorization,
which
is
equiva
-
27
lent
to
a
license,
permitting
the
practice
of
dietetics
in
a
remote
state.
28
I.
"Continuing
education"
means
a
requirement,
as
a
condition
of
li
-
29
cense
renewal,
to
provide
evidence
of
participation
in,
and
completion
of,
30
educational
and
professional
activities
relevant
to
practice
or
area
of
31
work.
32
J.
"Current
significant
investigative
information"
means:
33
1.
Investigative
information
that
a
licensing
authority,
after
a
pre
-
34
liminary
inquiry
that
includes
notification
and
an
opportunity
for
the
35
subject
licensee
to
respond,
if
required
by
state
law,
has
reason
to
be
-
36
lieve
is
not
groundless
and,
if
proved
true,
would
indicate
more
than
a
37
minor
infraction;
or
38
2.
Investigative
information
that
indicates
that
the
subject
licensee
39
represents
an
immediate
threat
to
public
health
and
safety
regardless
40
of
whether
the
subject
licensee
has
been
notified
and
had
an
opportunity
41
to
respond.
42
K.
"Data
system"
means
a
repository
of
information
about
licensees,
43
including
but
not
limited
to
continuing
education,
examination,
licensure,
44
investigative,
compact
privilege,
and
adverse
action
information.
45
L.
"Encumbered
license"
means
a
license
in
which
an
adverse
action
re
-
46
stricts
a
licensee's
ability
to
practice
dietetics.
47
3
M.
"Encumbrance"
means
a
revocation
or
suspension
of,
or
any
limitation
1
on,
a
licensee's
full
and
unrestricted
practice
of
dietetics
by
a
licensing
2
authority.
3
N.
"Executive
committee"
means
a
group
of
delegates
elected
or
ap
-
4
pointed
to
act
on
behalf
of,
and
within
the
powers
granted
to
them
by,
this
5
compact
and
the
compact
commission.
6
O.
"Home
state"
means
the
member
state
that
is
the
licensee's
primary
7
state
of
residence
or
that
has
been
designated
pursuant
to
section
6
of
this
8
compact.
9
P.
"Investigative
information"
means
information,
records,
and
docu
-
10
ments
received
or
generated
by
a
licensing
authority
pursuant
to
an
investi
-
1
1
gation.
12
Q.
"Jurisprudence
requirement"
means
an
assessment
of
an
individual's
13
knowledge
of
the
state
laws
and
regulations
governing
the
practice
of
di
-
14
etetics
in
such
state.
15
R.
"License"
means
an
authorization
from
a
member
state
to
either:
16
1.
Engage
in
the
practice
of
dietetics,
including
medical
nutrition
17
therapy;
or
18
2.
Use
the
title
"dietitian,"
"licensed
dietitian,"
"licensed
dieti
-
19
tian
nutritionist,"
or
"certified
dietitian"
or
another
title
describ
-
20
ing
a
substantially
similar
practitioner
as
the
compact
commission
may
21
further
define
by
rule.
22
S.
"Licensee"
or
"licensed
dietitian"
means
an
individual
who
cur
-
23
rently
holds
a
license
and
who
meets
all
of
the
requirements
outlined
in
24
section
4
of
this
compact.
25
T.
"Licensing
authority"
means
the
board
or
agency
of
a
state,
or
equiv
-
26
alent,
that
is
responsible
for
the
licensing
and
regulation
of
the
practice
27
of
dietetics.
28
U.
"Member
state"
means
a
state
that
has
enacted
the
compact.
29
V.
"Practice
of
dietetics"
means
the
synthesis
and
application
of
di
-
30
etetics
as
defined
by
state
law
and
regulations,
primarily
for
the
provision
31
of
nutrition
care
services,
including
medical
nutrition
therapy,
in
person
32
or
via
telehealth,
to
prevent,
manage,
or
treat
diseases
or
medical
condi
-
33
tions
and
promote
wellness.
34
W.
"Registered
dietitian"
means
a
person
who:
35
1.
Has
completed
applicable
education,
experience,
examination,
and
36
recertification
requirements
approved
by
CDR;
37
2.
Is
credentialed
by
CDR
as
a
registered
dietitian
or
a
registered
di
-
38
etitian
nutritionist;
and
39
3.
Is
legally
authorized
to
use
the
title
"registered
dietitian"
or
40
"registered
dietitian
nutritionist"
and
the
corresponding
abbrevia
-
41
tions
"RD"
or
"RDN."
42
X.
"Remote
state"
means
a
member
state
other
than
the
home
state,
where
43
a
licensee
is
exercising
or
seeking
to
exercise
a
compact
privilege.
44
Y.
"Rule"
means
a
regulation
promulgated
by
the
compact
commission
that
45
has
the
force
of
law.
46
Z.
"Single
state
license"
means
a
license
issued
by
a
member
state
47
within
the
issuing
state
and
does
not
include
a
compact
privilege
in
any
48
other
member
state.
49
4
AA.
"State"
means
any
state,
commonwealth,
district,
or
territory
of
1
the
United
States
of
America.
2
BB.
"Unencumbered
license"
means
a
license
that
authorizes
a
licensee
3
to
engage
in
the
full
and
unrestricted
practice
of
dietetics.
4
SECTION
3
5
STATE
PARTICIPATION
IN
THE
COMPACT
6
A.
To
participate
in
the
compact,
a
state
must
currently:
7
1.
License
and
regulate
the
practice
of
dietetics;
and
8
2.
Have
a
mechanism
in
place
for
receiving
and
investigating
complaints
9
about
licensees.
10
B.
A
member
state
shall:
1
1
1.
Participate
fully
in
the
commission's
data
system,
including
using
12
the
commission's
unique
identifier
as
defined
by
rule;
13
2.
Notify
the
compact
commission,
in
compliance
with
the
terms
of
the
14
compact
and
rules,
of
any
adverse
action
or
the
availability
of
current
15
significant
investigative
information
regarding
a
licensee;
16
3.
Implement
or
utilize
procedures
for
considering
the
criminal
his
-
17
tory
record
information
of
applicants
for
an
initial
compact
privilege.
18
These
procedures
shall
include
the
submission
of
fingerprints
or
other
19
biometric
-
based
information
by
applicants
for
the
purpose
of
obtain
-
20
ing
an
applicant's
criminal
history
record
information
from
the
federal
21
bureau
of
investigation
and
the
agency
responsible
for
retaining
that
22
state's
criminal
records;
23
a.
A
member
state
must
fully
implement
a
criminal
history
record
24
information
requirement,
within
a
time
frame
established
by
rule,
25
that
includes
receiving
the
results
of
the
federal
bureau
of
in
-
26
vestigation
record
search
and
shall
use
those
results
in
determin
-
27
ing
compact
privilege
eligibility.
28
b.
Communication
between
a
member
state
and
the
compact
commis
-
29
sion
or
among
member
states
regarding
the
verification
of
eligi
-
30
bility
for
a
compact
privilege
shall
not
include
any
information
31
received
from
the
federal
bureau
of
investigation
relating
to
a
32
federal
criminal
history
record
information
check
performed
by
a
33
member
state.
34
4.
Comply
with
and
enforce
the
rules
of
the
compact
commission;
35
5.
Require
an
applicant
for
a
compact
privilege
to
obtain
or
retain
a
36
license
in
the
licensee's
home
state
and
meet
the
home
state's
qualifi
-
37
cations
for
licensure
or
renewal
of
licensure,
as
well
as
all
other
ap
-
38
plicable
state
laws;
and
39
6.
Recognize
a
compact
privilege
granted
to
a
licensee
who
meets
all
40
of
the
requirements
outlined
in
section
4
of
this
compact
in
accordance
41
with
the
terms
of
the
compact
and
rules.
42
C.
Member
states
may
set
and
collect
a
fee
for
granting
a
compact
privi
-
43
lege.
44
D.
Individuals
not
residing
in
a
member
state
shall
continue
to
be
able
45
to
apply
for
a
member
state's
single
state
license
as
provided
under
the
laws
46
of
each
member
state.
However,
the
single
state
license
granted
to
these
in
-
47
5
dividuals
shall
not
be
recognized
as
granting
a
compact
privilege
to
engage
1
in
the
practice
of
dietetics
in
any
other
member
state.
2
E.
Nothing
in
this
compact
shall
affect
the
requirements
established
by
3
a
member
state
for
the
issuance
of
a
single
state
license.
4
F.
At
no
point
shall
the
compact
commission
have
the
power
to
define
the
5
requirements
for
the
issuance
of
a
single
state
license
to
practice
dietet
-
6
ics.
The
member
states
shall
retain
sole
jurisdiction
over
the
provision
of
7
these
requirements.
8
SECTION
4
9
COMPACT
PRIVILEGE
10
A.
To
exercise
the
privilege
to
practice
under
the
terms
and
provisions
1
1
of
the
compact,
the
licensee
shall:
12
1.
Satisfy
one
(1)
of
the
following:
13
a.
Hold
a
valid
current
registration
that
gives
the
applicant
the
14
right
to
use
the
term
"registered
dietitian";
or
15
b.
Complete
all
of
the
following:
16
i.
An
education
program
that
is
either:
17
(a)
A
master's
degree
or
doctoral
degree
that
is
pro
-
18
grammatically
accredited
by
(i)
ACEND;
or
(ii)
a
di
-
19
etetics
accrediting
agency
recognized
by
the
United
20
States
department
of
education,
which
the
compact
com
-
21
mission
may
by
rule
determine,
and
from
a
college
or
22
university
accredited
at
the
time
of
graduation
by
the
23
appropriate
regional
accrediting
agency
recognized
by
24
the
council
on
higher
education
accreditation
and
the
25
United
States
department
of
education;
or
26
(b)
An
academic
degree
from
a
college
or
university
in
27
a
foreign
country
equivalent
to
the
degree
described
28
in
subparagraph
b.i.(a)
of
this
paragraph
that
is
29
programmatically
accredited
by
ACEND
or
a
dietetics
30
accrediting
agency
recognized
by
the
United
States
de
-
31
partment
of
education,
which
the
compact
commission
32
may
by
rule
determine;
33
ii.
A
planned,
documented,
supervised
practice
experience
34
in
dietetics
that
is
programmatically
accredited
by
(i)
35
ACEND;
or
(ii)
a
dietetics
accrediting
agency
recognized
by
36
the
United
States
department
of
education,
which
the
compact
37
commission
may
by
rule
determine
and
which
involves
at
least
38
one
thousand
(1,000)
hours
of
practice
experience
under
the
39
supervision
of
a
registered
dietitian
or
a
licensed
dieti
-
40
tian;
and
41
iii.
Either:
(i)
the
registration
examination
for
dieti
-
42
tians
administered
by
CDR;
or
(ii)
a
national
credentialing
43
examination
for
dietitians
approved
by
the
compact
commis
-
44
sion
by
rule.
Such
completion
may
be
no
more
than
five
(5)
45
years
prior
to
the
date
of
the
licensee's
application
for
46
initial
licensure
and
accompanied
by
a
period
of
continuous
47
6
licensure
thereafter,
all
of
which
may
be
further
governed
1
by
the
rules
of
the
compact
commission.
2
2.
Hold
an
unencumbered
license
in
the
home
state;
3
3.
Notify
the
compact
commission
that
the
licensee
is
seeking
a
compact
4
privilege
within
a
remote
state;
5
4.
Pay
any
applicable
fees,
including
any
state
fee,
for
the
compact
6
privilege;
7
5.
Meet
any
jurisprudence
requirements
established
by
the
remote
state
8
in
which
the
licensee
is
seeking
a
compact
privilege;
and
9
6.
Report
to
the
compact
commission
any
adverse
action,
encumbrance,
10
or
restriction
on
a
license
taken
by
any
non
-
member
state
within
thirty
1
1
(30)
days
from
the
date
the
action
is
taken.
12
B.
The
compact
privilege
is
valid
until
the
expiration
date
of
the
home
13
state
license.
To
maintain
a
compact
privilege,
renewal
of
the
compact
priv
-
14
ilege
shall
be
congruent
with
the
renewal
of
the
home
state
license
as
the
15
compact
commission
may
define
by
rule.
The
licensee
must
comply
with
the
re
-
16
quirements
of
subsection
A.
of
this
section
to
maintain
the
compact
privi
-
17
lege
in
the
remote
state.
18
C.
A
licensee
exercising
a
compact
privilege
shall
adhere
to
the
laws
19
and
regulations
of
the
remote
state.
Licensees
shall
be
responsible
for
edu
-
20
cating
themselves
on,
and
complying
with,
any
and
all
state
laws
relating
to
21
the
practice
of
dietetics
in
such
remote
state.
22
D.
Notwithstanding
anything
to
the
contrary
provided
in
this
compact
or
23
state
law,
a
licensee
exercising
a
compact
privilege
shall
not
be
required
24
to
complete
continuing
education
requirements
required
by
a
remote
state.
A
25
licensee
exercising
a
compact
privilege
is
only
required
to
meet
any
contin
-
26
uing
education
requirements
as
required
by
the
home
state.
27
SECTION
5
28
OBTAINING
A
NEW
HOME
STATE
LICENSE
BASED
ON
A
COMPACT
PRIVILEGE
29
A.
A
licensee
may
hold
a
home
state
license,
which
allows
for
a
compact
30
privilege
in
other
member
states,
in
only
one
(1)
member
state
at
a
time.
31
B.
If
a
licensee
changes
home
state
by
moving
between
two
(2)
member
32
states:
33
1.
The
licensee
shall
file
an
application
for
obtaining
a
new
home
state
34
license
based
on
a
compact
privilege,
pay
all
applicable
fees,
and
no
-
35
tify
the
current
and
new
home
state
in
accordance
with
the
rules
of
the
36
compact
commission.
37
2.
Upon
receipt
of
an
application
for
obtaining
a
new
home
state
license
38
by
virtue
of
a
compact
privilege,
the
new
home
state
shall
verify
that
39
the
licensee
meets
the
criteria
in
section
4
of
this
compact
via
the
data
40
system
and
require
that
the
licensee
complete
the
following:
41
a.
Federal
bureau
of
investigation
fingerprint
-
based
criminal
42
history
record
information
check;
43
b.
Any
other
criminal
history
record
information
required
by
the
44
new
home
state;
and
45
c.
Any
jurisprudence
requirements
of
the
new
home
state.
46
3.
The
former
home
state
shall
convert
the
former
home
state
license
47
into
a
compact
privilege
once
the
new
home
state
has
activated
the
new
48
7
home
state
license
in
accordance
with
applicable
rules
adopted
by
the
1
compact
commission.
2
4.
Notwithstanding
any
other
provision
of
this
compact,
if
the
licensee
3
cannot
meet
the
criteria
in
section
4
of
this
compact,
the
new
home
state
4
may
apply
its
requirements
for
issuing
a
new
single
state
license.
5
5.
The
licensee
shall
pay
all
applicable
fees
to
the
new
home
state
in
6
order
to
be
issued
a
new
home
state
license.
7
C.
If
a
licensee
changes
state
of
residence
by
moving
from
a
member
8
state
to
a
non
-
member
state,
or
from
a
non
-
member
state
to
a
member
state,
the
9
state
criteria
shall
apply
for
issuance
of
a
single
state
license
in
the
new
10
state.
1
1
D.
Nothing
in
this
compact
shall
interfere
with
a
licensee's
ability
to
12
hold
a
single
state
license
in
multiple
states;
however,
for
the
purposes
of
13
this
compact,
a
licensee
shall
have
only
one
(1)
home
state
license.
14
E.
Nothing
in
this
compact
shall
affect
the
requirements
established
by
15
a
member
state
for
the
issuance
of
a
single
state
license.
16
SECTION
6
17
ACTIVE
DUTY
MILITARY
MEMBERS
OR
THEIR
SPOUSES
18
An
active
military
member,
or
the
member's
spouse,
shall
designate
a
19
home
state
where
the
individual
has
a
current
license
in
good
standing.
The
20
individual
may
retain
the
home
state
designation
during
the
period
the
ser
-
21
vice
member
is
on
active
duty.
22
SECTION
7
23
ADVERSE
ACTIONS
24
A.
In
addition
to
the
other
powers
conferred
by
state
law,
a
remote
25
state
shall
have
the
authority,
in
accordance
with
existing
state
due
26
process
law,
to:
27
1.
Take
adverse
action
against
a
licensee's
compact
privilege
within
28
that
member
state;
and
29
2.
Issue
subpoenas
for
both
hearings
and
investigations
that
require
30
the
attendance
and
testimony
of
witnesses
as
well
as
the
production
of
31
evidence.
Subpoenas
issued
by
a
licensing
authority
in
a
member
state
32
for
the
attendance
and
testimony
of
witnesses
or
the
production
of
ev
-
33
idence
from
another
member
state
shall
be
enforced
in
the
latter
state
34
by
any
court
of
competent
jurisdiction,
according
to
the
practice
and
35
procedure
applicable
to
subpoenas
issued
in
proceedings
pending
before
36
that
court.
The
issuing
authority
shall
pay
any
witness
fees,
travel
37
expenses,
mileage,
and
other
fees
required
by
the
service
statutes
of
38
the
state
in
which
the
witnesses
or
evidence
are
located.
39
B.
Only
the
home
state
shall
have
the
power
to
take
adverse
action
40
against
a
licensee's
home
state
license.
41
C.
For
purposes
of
taking
adverse
action,
the
home
state
shall
give
the
42
same
priority
and
effect
to
reported
conduct
received
from
a
member
state
as
43
it
would
if
the
conduct
had
occurred
within
the
home
state.
In
so
doing,
the
44
home
state
shall
apply
its
own
state
laws
to
determine
appropriate
action.
45
8
D.
The
home
state
shall
complete
any
pending
investigations
of
a
li
-
1
censee
who
changes
home
states
during
the
course
of
the
investigations.
The
2
home
state
shall
also
have
authority
to
take
appropriate
actions
and
shall
3
promptly
report
the
conclusions
of
the
investigations
to
the
administrator
4
of
the
data
system.
The
administrator
of
the
data
system
shall
promptly
no
-
5
tify
the
new
home
state
of
any
adverse
actions.
6
E.
A
member
state,
if
otherwise
permitted
by
state
law,
may
recover
from
7
the
affected
licensee
the
costs
of
investigations
and
dispositions
of
cases
8
resulting
from
any
adverse
action
taken
against
that
licensee.
9
F.
A
member
state
may
take
adverse
action
based
on
the
factual
findings
10
of
another
remote
state,
provided
that
the
member
state
follows
its
own
pro
-
1
1
cedures
for
taking
the
adverse
action.
12
G.
Joint
investigations:
13
1.
In
addition
to
the
authority
granted
to
a
member
state
by
its
re
-
14
spective
state
law,
any
member
state
may
participate
with
other
member
15
states
in
joint
investigations
of
licensees.
16
2.
Member
states
shall
share
any
investigative,
litigation,
or
compli
-
17
ance
materials
in
furtherance
of
any
joint
investigation
initiated
un
-
18
der
the
compact.
19
H.
If
adverse
action
is
taken
by
the
home
state
against
a
licensee's
20
home
state
license
resulting
in
an
encumbrance
on
the
home
state
license,
21
the
licensee's
compact
privilege
in
all
other
member
states
shall
be
revoked
22
until
all
encumbrances
have
been
removed
from
the
home
state
license.
All
23
home
state
disciplinary
orders
that
impose
adverse
action
against
a
licensee
24
shall
include
a
statement
that
the
licensee's
compact
privileges
are
revoked
25
in
all
member
states
during
the
pendency
of
the
order.
26
I.
Once
an
encumbered
license
in
the
home
state
is
restored
to
an
unen
-
27
cumbered
license,
as
certified
by
the
home
state's
licensing
authority,
the
28
licensee
must
meet
the
requirements
of
section
4A.
of
this
compact
and
follow
29
the
administrative
requirements
to
reapply
to
obtain
a
compact
privilege
in
30
any
remote
state.
31
J.
If
a
member
state
takes
adverse
action,
it
shall
promptly
notify
the
32
administrator
of
the
data
system.
The
administrator
of
the
data
system
shall
33
promptly
notify
the
other
member
states
of
any
adverse
actions.
34
K.
Nothing
in
this
compact
shall
override
a
member
state's
decision
35
that
participation
in
an
alternative
program
may
be
used
in
lieu
of
adverse
36
action.
37
SECTION
8
38
ESTABLISHMENT
OF
THE
DIETITIAN
LICENSURE
COMPACT
COMMISSION
39
A.
The
compact
member
states
hereby
create
and
establish
a
joint
gov
-
40
ernment
agency
whose
membership
consists
of
all
member
states
that
have
41
enacted
the
compact
known
as
the
dietitian
licensure
compact
commission.
42
The
compact
commission
is
an
instrumentality
of
the
compact
states
acting
43
jointly
and
not
an
instrumentality
of
any
one
(1)
state.
The
compact
commis
-
44
sion
shall
come
into
existence
on
or
after
the
effective
date
of
the
compact
45
as
set
forth
in
section
12
of
this
compact.
46
B.
Membership,
voting,
and
meetings:
47
9
1.
Each
member
state
shall
have
and
be
limited
to
one
(1)
delegate
se
-
1
lected
by
that
member
state's
licensing
authority.
2
2.
The
delegate
shall
be
the
primary
administrator
of
the
licensing
au
-
3
thority
or
the
administrator's
designee.
4
3.
The
compact
commission
shall
by
rule
or
bylaw
establish
a
term
of
of
-
5
fice
for
delegates
and
may
by
rule
or
bylaw
establish
term
limits.
6
4.
The
compact
commission
may
recommend
removal
or
suspension
of
any
7
delegate
from
office.
8
5.
A
member
state's
licensing
authority
shall
fill
any
vacancy
of
its
9
delegate
occurring
on
the
compact
commission
within
sixty
(60)
days
of
10
the
vacancy.
1
1
6.
Each
delegate
shall
be
entitled
to
one
(1)
vote
on
all
matters
before
12
the
compact
commission
requiring
a
vote
by
the
delegates.
13
7.
Delegates
shall
meet
and
vote
by
such
means
as
set
forth
in
the
by
-
14
laws.
The
bylaws
may
provide
for
delegates
to
meet
and
vote
in
person
15
or
by
telecommunication,
video
conference,
or
other
means
of
communica
-
16
tion.
17
8.
The
compact
commission
shall
meet
at
least
once
during
each
calendar
18
year.
Additional
meetings
may
be
held
as
set
forth
in
the
bylaws.
The
19
compact
commission
may
meet
in
person
or
by
telecommunication,
video
20
conference,
or
other
means
of
communication.
21
C.
The
compact
commission
shall
have
the
following
powers:
22
1.
Establish
the
fiscal
year
of
the
commission;
23
2.
Establish
code
of
conduct
and
conflict
of
interest
policies;
24
3.
Establish
and
amend
rules
and
bylaws;
25
4.
Maintain
its
financial
records
in
accordance
with
the
bylaws;
26
5.
Meet
and
take
such
actions
as
are
consistent
with
the
provisions
of
27
this
compact,
the
compact
commission's
rules,
and
the
bylaws;
28
6.
Initiate
and
conclude
legal
proceedings
or
actions
in
the
name
of
the
29
compact
commission,
provided
that
the
standing
of
any
licensing
author
-
30
ity
to
sue
or
be
sued
under
applicable
law
shall
not
be
affected;
31
7.
Maintain
and
certify
records
and
information
provided
to
a
member
32
state
as
the
authenticated
business
records
of
the
compact
commission
33
and
designate
an
agent
to
do
so
on
the
compact
commission's
behalf;
34
8.
Purchase
and
maintain
insurance
and
bonds;
35
9.
Borrow,
accept,
or
contract
for
services
of
personnel,
including
but
36
not
limited
to
employees
of
a
member
state;
37
10.
Conduct
an
annual
financial
review;
38
11.
Hire
employees,
elect
or
appoint
officers,
fix
compensation,
define
39
duties,
grant
such
individuals
appropriate
authority
to
carry
out
the
40
purposes
of
the
compact,
and
establish
the
compact
commission's
person
-
41
nel
policies
and
programs
relating
to
conflicts
of
interest,
qualifica
-
42
tions
of
personnel,
and
other
related
personnel
matters;
43
12.
Assess
and
collect
fees;
44
13.
Accept
any
and
all
appropriate
donations,
grants
of
money,
other
45
sources
of
revenue,
equipment,
supplies,
materials,
services,
and
46
gifts,
and
receive,
utilize,
and
dispose
of
the
same;
provided
that
at
47
all
times
the
compact
commission
shall
avoid
any
actual
or
appearance
of
48
impropriety
or
conflict
of
interest;
49
10
14.
Lease,
purchase,
retain,
own,
hold,
improve,
or
use
any
property,
1
real,
personal,
or
mixed,
or
any
undivided
interest
therein;
2
15.
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
abandon,
or
other
-
3
wise
dispose
of
any
property
real,
personal,
or
mixed;
4
16.
Establish
a
budget
and
make
expenditures;
5
17.
Borrow
money;
6
18.
Appoint
committees,
including
standing
committees,
composed
of
7
members,
state
regulators,
state
legislators
or
their
representatives,
8
and
consumer
representatives,
and
such
other
interested
persons
as
may
9
be
designated
in
this
compact
or
the
bylaws;
10
19.
Provide
and
receive
information
from,
and
cooperate
with,
law
en
-
1
1
forcement
agencies;
12
20.
Establish
and
elect
an
executive
committee,
including
a
chair
and
a
13
vice
chair;
14
21.
Determine
whether
a
state's
adopted
language
is
materially
differ
-
15
ent
from
the
model
compact
language
such
that
the
state
would
not
qual
-
16
ify
for
participation
in
the
compact;
and
17
22.
Perform
such
other
functions
as
may
be
necessary
or
appropriate
to
18
achieve
the
purposes
of
this
compact.
19
D.
The
executive
committee:
20
1.
The
executive
committee
shall
have
the
power
to
act
on
behalf
of
the
21
compact
commission
according
to
the
terms
of
this
compact.
The
powers,
22
duties,
and
responsibilities
of
the
executive
committee
shall
include:
23
a.
Oversee
the
day
-
to
-
day
activities
of
the
administration
of
the
24
compact,
including
enforcement
and
compliance
with
the
provisions
25
of
the
compact,
its
rules
and
bylaws,
and
other
such
duties
as
26
deemed
necessary;
27
b.
Recommend
to
the
compact
commission
changes
to
the
rules
or
by
-
28
laws,
changes
to
this
compact
legislation,
fees
charged
to
compact
29
member
states,
fees
charged
to
licensees,
and
other
fees;
30
c.
Ensure
compact
administration
services
are
appropriately
pro
-
31
vided,
including
by
contract;
32
d.
Prepare
and
recommend
the
budget;
33
e.
Maintain
financial
records
on
behalf
of
the
compact
commis
-
34
sion;
35
f.
Monitor
compact
compliance
of
member
states
and
provide
com
-
36
pliance
reports
to
the
compact
commission;
37
g.
Establish
additional
committees
as
necessary;
38
h.
Exercise
the
powers
and
duties
of
the
compact
commission
dur
-
39
ing
the
interim
between
compact
commission
meetings,
except
for
40
adopting
or
amending
rules,
adopting
or
amending
bylaws,
and
exer
-
41
cising
any
other
powers
and
duties
expressly
reserved
to
the
com
-
42
pact
commission
by
rule
or
bylaw;
and
43
i.
Other
duties
as
provided
in
the
rules
or
bylaws
of
the
compact
44
commission.
45
2.
The
executive
committee
shall
be
composed
of
nine
(9)
members:
46
a.
The
chair
and
vice
chair
of
the
compact
commission
shall
be
vot
-
47
ing
members
of
the
executive
committee;
48
b.
Five
(5)
voting
members
from
the
current
membership
of
the
com
-
49
pact
commission,
elected
by
the
compact
commission;
50
11
c.
One
(1)
ex
-
officio,
nonvoting
member
from
a
recognized
profes
-
1
sional
association
representing
dietitians;
and
2
d.
One
(1)
ex
-
officio,
nonvoting
member
from
a
recognized
na
-
3
tional
credentialing
organization
for
dietitians.
4
3.
The
compact
commission
may
remove
any
member
of
the
executive
com
-
5
mittee
as
provided
in
the
compact
commission's
bylaws.
6
4.
The
executive
committee
shall
meet
at
least
annually.
7
a.
Executive
committee
meetings
shall
be
open
to
the
public,
ex
-
8
cept
that
the
executive
committee
may
meet
in
a
closed,
non
-
public
9
meeting
as
provided
in
subsection
F.2.
of
this
section.
10
b.
The
executive
committee
shall
give
thirty
(30)
days'
notice
of
1
1
its
meetings,
posted
on
the
website
of
the
compact
commission
and
12
as
determined
to
provide
notice
to
persons
with
an
interest
in
the
13
business
of
the
compact
commission.
14
c.
The
executive
committee
may
hold
a
special
meeting
in
accor
-
15
dance
with
subsection
F.1.b.
of
this
section.
16
E.
The
compact
commission
shall
adopt
and
provide
to
the
member
states
17
an
annual
report.
18
F.
Meetings
of
the
compact
commission:
19
1.
All
meetings
shall
be
open
to
the
public,
except
that
the
compact
20
commission
may
meet
in
a
closed,
non
-
public
meeting
as
provided
in
para
-
21
graph
2.
of
this
subsection.
22
a.
Public
notice
for
all
meetings
of
the
full
compact
commission
23
shall
be
given
in
the
same
manner
as
required
under
the
rulemaking
24
provisions
in
section
10
of
this
compact,
except
that
the
compact
25
commission
may
hold
a
special
meeting
as
provided
in
subparagraph
26
b.
of
this
paragraph.
27
b.
The
compact
commission
may
hold
a
special
meeting
when
it
must
28
meet
to
conduct
emergency
business
by
giving
twenty
-
four
(24)
29
hours'
notice
to
all
member
states,
on
the
compact
commission's
30
website,
and
other
means
as
provided
in
the
compact
commission's
31
rules.
The
compact
commission's
legal
counsel
shall
certify
that
32
the
compact
commission's
need
to
meet
qualifies
as
an
emergency.
33
2.
The
compact
commission
or
the
executive
committee
or
other
commit
-
34
tees
of
the
compact
commission
may
convene
in
a
closed,
non
-
public
meet
-
35
ing
for
the
compact
commission
or
executive
committee
or
other
commit
-
36
tees
of
the
compact
commission
to
receive
legal
advice
or
to
discuss:
37
a.
Non
-
compliance
of
a
member
state
with
its
obligations
under
the
38
compact;
39
b.
The
employment,
compensation,
discipline,
or
other
matters,
40
practices,
or
procedures
related
to
specific
employees;
41
c.
Current
or
threatened
discipline
of
a
licensee
by
the
compact
42
commission
or
by
a
member
state's
licensing
authority;
43
d.
Current,
threatened,
or
reasonably
anticipated
litigation;
44
e.
Negotiation
of
contracts
for
the
purchase,
lease,
or
sale
of
45
goods,
services,
or
real
estate;
46
f.
Accusing
any
person
of
a
crime
or
formally
censuring
any
per
-
47
son;
48
g.
Trade
secrets
or
commercial
or
financial
information
that
is
49
privileged
or
confidential;
50
12
h.
Information
of
a
personal
nature
where
disclosure
would
con
-
1
stitute
a
clearly
unwarranted
invasion
of
personal
privacy;
2
i.
Investigative
records
compiled
for
law
enforcement
purposes;
3
j.
Information
related
to
any
investigative
reports
prepared
by
4
or
on
behalf
of
or
for
use
of
the
compact
commission
or
other
com
-
5
mittee
charged
with
responsibility
of
investigation
or
determina
-
6
tion
of
compliance
issues
pursuant
to
the
compact;
7
k.
Matters
specifically
exempted
from
disclosure
by
federal
or
8
member
state
law;
or
9
l.
Other
matters
as
specified
in
the
rules
of
the
compact
commis
-
10
sion.
1
1
3.
If
a
meeting,
or
portion
of
a
meeting,
is
closed,
the
presiding
offi
-
12
cer
shall
state
that
the
meeting
will
be
closed
and
reference
each
rel
-
13
evant
exempting
provision,
and
such
reference
shall
be
recorded
in
the
14
minutes.
15
4.
The
compact
commission
shall
keep
minutes
that
fully
and
clearly
de
-
16
scribe
all
matters
discussed
in
a
meeting
and
shall
provide
a
full
and
17
accurate
summary
of
actions
taken,
and
the
reasons
therefore,
includ
-
18
ing
a
description
of
the
views
expressed.
All
documents
considered
in
19
connection
with
an
action
shall
be
identified
in
such
minutes.
All
min
-
20
utes
and
documents
of
a
closed
meeting
shall
remain
under
seal,
subject
21
to
release
only
by
a
majority
vote
of
the
compact
commission
or
order
of
22
a
court
of
competent
jurisdiction.
23
G.
Financing
of
the
compact
commission:
24
1.
The
commission
shall
pay,
or
provide
for
the
payment
of,
the
reason
-
25
able
expenses
of
its
establishment,
organization,
and
ongoing
activi
-
26
ties.
27
2.
The
compact
commission
may
accept
any
and
all
appropriate
revenue
28
sources
as
provided
in
subsection
C.13.
29
3.
The
compact
commission
may
levy
on
and
collect
an
annual
assessment
30
from
each
member
state
and
impose
fees
on
licensees
of
member
states
to
31
whom
it
grants
a
compact
privilege
to
cover
the
cost
of
the
operations
32
and
activities
of
the
compact
commission
and
its
staff,
which
must,
in
a
33
total
amount,
be
sufficient
to
cover
its
annual
budget
as
approved
each
34
year
for
which
revenue
is
not
provided
by
other
sources.
The
aggregate
35
annual
assessment
amount
for
member
states
shall
be
allocated
based
36
upon
a
formula
that
the
compact
commission
shall
promulgate
by
rule.
37
4.
The
compact
commission
shall
not
incur
obligations
of
any
kind
prior
38
to
securing
the
funds
adequate
to
meet
the
same;
nor
shall
the
compact
39
commission
pledge
the
credit
of
any
of
the
member
states,
except
by
and
40
with
the
authority
of
the
member
state.
41
5.
The
compact
commission
shall
keep
accurate
accounts
of
all
receipts
42
and
disbursements.
The
receipts
and
disbursements
of
the
compact
43
commission
shall
be
subject
to
the
financial
review
and
accounting
44
procedures
established
under
its
bylaws.
However,
all
receipts
and
45
disbursements
of
funds
handled
by
the
compact
commission
shall
be
sub
-
46
ject
to
an
annual
financial
review
by
a
certified
or
licensed
public
47
accountant,
and
the
report
of
the
financial
review
shall
be
included
in
48
and
become
part
of
the
annual
report
of
the
compact
commission.
49
H.
Qualified
immunity,
defense,
and
indemnification:
50
13
1.
The
members,
officers,
executive
director,
employees
and
repre
-
1
sentatives
of
the
compact
commission
shall
be
immune
from
suit
and
2
liability,
both
personally
and
in
their
official
capacity,
for
any
3
claim
for
damage
to
or
loss
of
property
or
personal
injury
or
other
civil
4
liability
caused
by
or
arising
out
of
any
actual
or
alleged
act,
error,
5
or
omission
that
occurred,
or
that
the
person
against
whom
the
claim
is
6
made
had
a
reasonable
basis
for
believing
occurred
within
the
scope
of
7
compact
commission
employment,
duties,
or
responsibilities;
provided
8
that
nothing
in
this
paragraph
shall
be
construed
to
protect
any
such
9
person
from
suit
or
liability
for
any
damage,
loss,
injury,
or
liability
10
caused
by
the
intentional
or
willful
or
wanton
misconduct
of
that
per
-
1
1
son.
The
procurement
of
insurance
of
any
type
by
the
compact
commission
12
shall
not
in
any
way
compromise
or
limit
the
immunity
granted
hereunder.
13
2.
The
compact
commission
shall
defend
any
member,
officer,
executive
14
director,
employee,
and
representative
of
the
compact
commission
in
15
any
civil
action
seeking
to
impose
liability
arising
out
of
any
ac
-
16
tual
or
alleged
act,
error,
or
omission
that
occurred
within
the
scope
17
of
compact
commission
employment,
duties,
or
responsibilities,
or
as
18
determined
by
the
compact
commission
that
the
person
against
whom
the
19
claim
is
made
had
a
reasonable
basis
for
believing
occurred
within
the
20
scope
of
compact
commission
employment,
duties,
or
responsibilities;
21
provided
that
nothing
herein
shall
be
construed
to
prohibit
that
person
22
from
retaining
their
own
counsel
at
their
own
expense;
and
provided
fur
-
23
ther,
that
the
actual
or
alleged
act,
error,
or
omission
did
not
result
24
from
that
person's
intentional
or
willful
or
wanton
misconduct.
25
3.
The
compact
commission
shall
indemnify
and
hold
harmless
any
member,
26
officer,
executive
director,
employee,
and
representative
of
the
com
-
27
pact
commission
for
the
amount
of
any
settlement
or
judgment
obtained
28
against
that
person
arising
out
of
any
actual
or
alleged
act,
error,
or
29
omission
that
occurred
within
the
scope
of
compact
commission
employ
-
30
ment,
duties,
or
responsibilities,
or
that
such
person
had
a
reason
-
31
able
basis
for
believing
occurred
within
the
scope
of
compact
commis
-
32
sion
employment,
duties,
or
responsibilities,
provided
that
the
actual
33
or
alleged
act,
error,
or
omission
did
not
result
from
the
intentional
34
or
willful
or
wanton
misconduct
of
that
person.
35
4.
Nothing
herein
shall
be
construed
as
a
limitation
on
the
liability
of
36
any
licensee
for
professional
malpractice
or
misconduct,
which
shall
be
37
governed
solely
by
any
other
applicable
state
laws.
38
5.
Nothing
in
this
compact
shall
be
interpreted
to
waive
or
otherwise
39
abrogate
a
member
state's
state
action
immunity
or
state
action
affir
-
40
mative
defense
with
respect
to
antitrust
claims
under
the
Sherman
act,
41
Clayton
act,
or
any
other
state
or
federal
antitrust
or
anticompetitive
42
law
or
regulation.
43
6.
Nothing
in
this
compact
shall
be
construed
to
be
a
waiver
of
44
sovereign
immunity
by
the
member
states
or
by
the
compact
commission.
45
SECTION
9
46
DATA
SYSTEM
47
14
A.
The
compact
commission
shall
provide
for
the
development,
mainte
-
1
nance,
operation,
and
utilization
of
a
coordinated
data
system.
2
B.
The
compact
commission
shall
assign
each
applicant
for
a
compact
3
privilege
a
unique
identifier,
as
determined
by
the
rules.
4
C.
Notwithstanding
any
other
provision
of
state
law
to
the
contrary,
a
5
member
state
shall
submit
a
uniform
data
set
to
the
data
system
on
all
indi
-
6
viduals
to
whom
this
compact
is
applicable
as
required
by
the
rules
of
the
7
compact
commission,
including:
8
1.
Identifying
information;
9
2.
Licensure
data;
10
3.
Adverse
actions
against
a
license
or
compact
privilege
to
practice
1
1
and
information
related
to
any
such
adverse
actions;
12
4.
Non
-
confidential
information
related
to
alternative
program
par
-
13
ticipation,
the
beginning
and
ending
dates
of
such
participation,
and
14
other
information
related
to
such
participation
not
made
confidential
15
under
member
state
law;
16
5.
Any
denial
of
application
for
licensure
and
the
reason
for
such
de
-
17
nial;
18
6.
Current
significant
investigative
information;
and
19
7.
Other
information
that
may
facilitate
the
administration
of
this
20
compact
or
the
protection
of
the
public,
as
determined
by
the
rules
of
21
the
compact
commission.
22
D.
The
records
and
information
provided
to
a
member
state
pursuant
to
23
this
compact
or
through
the
data
system,
when
certified
by
the
compact
com
-
24
mission
or
an
agent
thereof,
shall
constitute
the
authenticated
business
25
records
of
the
compact
commission,
and
shall
be
entitled
to
any
associated
26
hearsay
exception
in
any
relevant
judicial,
quasi
-
judicial,
or
administra
-
27
tive
proceedings
in
a
member
state.
28
E.
Current
significant
investigative
information
pertaining
to
a
li
-
29
censee
in
any
member
state
will
only
be
available
to
other
member
states.
30
F.
It
is
the
responsibility
of
the
member
states
to
report
any
adverse
31
action
against
a
licensee
and
to
monitor
the
data
system
to
determine
whether
32
any
adverse
action
has
been
taken
against
a
licensee.
Adverse
action
infor
-
33
mation
pertaining
to
a
licensee
in
any
member
state
will
be
available
to
any
34
other
member
state.
35
G.
Member
states
contributing
information
to
the
data
system
may
desig
-
36
nate
information
that
may
not
be
shared
with
the
public
without
the
express
37
permission
of
the
contributing
state.
38
H.
Any
information
submitted
to
the
data
system
that
is
subsequently
39
expunged
pursuant
to
federal
law
or
the
laws
of
the
member
state
contributing
40
the
information
shall
be
removed
from
the
data
system.
41
SECTION
10
42
RULEMAKING
43
A.
The
compact
commission
shall
promulgate
reasonable
rules
in
order
to
44
effectively
and
efficiently
implement
and
administer
the
purposes
and
pro
-
45
visions
of
the
compact.
A
rule
shall
be
invalid
and
have
no
force
or
effect
46
only
if
a
court
of
competent
jurisdiction
holds
that
the
rule
is
invalid
be
-
47
cause
the
compact
commission
exercised
its
rulemaking
authority
in
a
manner
48
15
that
is
beyond
the
scope
and
purposes
of
the
compact,
or
the
powers
granted
1
hereunder,
or
based
upon
another
applicable
standard
of
review.
2
B.
The
rules
of
the
compact
commission
shall
have
the
force
of
law
in
3
each
member
state,
provided
however
that
where
the
rules
conflict
with
the
4
laws
or
regulations
of
a
member
state
that
relate
to
the
procedures,
actions,
5
and
processes
a
licensed
dietitian
is
permitted
to
undertake
in
that
state
6
and
the
circumstances
under
which
the
licensed
dietitian
may
do
so,
as
held
7
by
a
court
of
competent
jurisdiction,
the
rules
of
the
compact
commission
8
shall
be
ineffective
in
that
state
to
the
extent
of
the
conflict.
9
C.
The
compact
commission
shall
exercise
its
rulemaking
powers
pur
-
10
suant
to
the
criteria
set
forth
in
this
section
and
the
rules
adopted
there
-
1
1
under.
Rules
shall
become
binding
on
the
day
following
adoption
or
as
of
the
12
date
specified
in
the
rule
or
amendment,
whichever
is
later.
13
D.
If
a
majority
of
the
legislatures
of
the
member
states
rejects
a
rule
14
or
portion
of
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
same
man
-
15
ner
used
to
adopt
the
compact
within
four
(4)
years
of
the
date
of
adoption
of
16
the
rule,
then
such
rule
shall
have
no
further
force
and
effect
in
any
member
17
state.
18
E.
Rules
shall
be
adopted
at
a
regular
or
special
meeting
of
the
compact
19
commission.
20
F.
Prior
to
adoption
of
a
proposed
rule,
the
compact
commission
shall
21
hold
a
public
hearing
and
allow
persons
to
provide
oral
and
written
comments,
22
data,
facts,
opinions,
and
arguments.
23
G.
Prior
to
adoption
of
a
proposed
rule
by
the
compact
commission,
and
24
at
least
thirty
(30)
days
in
advance
of
the
meeting
at
which
the
compact
com
-
25
mission
will
hold
a
public
hearing
on
the
proposed
rule,
the
compact
commis
-
26
sion
shall
provide
a
notice
of
proposed
rulemaking:
27
1.
On
the
website
of
the
compact
commission
or
other
publicly
accessi
-
28
ble
platform;
29
2.
To
persons
who
have
requested
notice
of
the
compact
commission's
no
-
30
tices
of
proposed
rulemaking;
and
31
3.
In
such
other
ways
as
the
compact
commission
may
by
rule
specify.
32
H.
The
notice
of
proposed
rulemaking
shall
include:
33
1.
The
time,
date,
and
location
of
the
public
hearing
at
which
the
com
-
34
pact
commission
will
hear
public
comments
on
the
proposed
rule
and,
if
35
different,
the
time,
date,
and
location
of
the
meeting
where
the
compact
36
commission
will
consider
and
vote
on
the
proposed
rule;
37
2.
If
the
hearing
is
held
via
telecommunication,
video
conference,
or
38
other
means
of
communication,
the
mechanism
for
access
to
the
hearing;
39
3.
The
text
of
the
proposed
rule
and
the
reason
therefore;
40
4.
A
request
for
comments
on
the
proposed
rule
from
any
interested
per
-
41
son;
and
42
5.
The
manner
in
which
interested
persons
may
submit
written
comments.
43
I.
All
hearings
will
be
recorded.
A
copy
of
the
recording
and
all
writ
-
44
ten
comments
and
documents
received
by
the
compact
commission
in
response
to
45
the
proposed
rule
shall
be
available
to
the
public.
46
J.
Nothing
in
this
section
shall
be
construed
as
requiring
a
separate
47
hearing
on
each
rule.
Rules
may
be
grouped
for
the
convenience
of
the
compact
48
commission
at
hearings
required
by
this
section.
49
16
K.
The
compact
commission
shall,
by
majority
vote
of
all
members,
take
1
final
action
on
the
proposed
rule
based
on
the
rulemaking
record
and
the
full
2
text
of
the
rule.
3
1.
The
compact
commission
may
adopt
changes
to
the
proposed
rule
pro
-
4
vided
the
changes
do
not
enlarge
the
original
purpose
of
the
proposed
5
rule.
6
2.
The
compact
commission
shall
provide
an
explanation
of
the
reasons
7
for
substantive
changes
made
to
the
proposed
rule
as
well
as
reasons
for
8
substantive
changes
not
made
that
were
recommended
by
commenters.
9
3.
The
compact
commission
shall
determine
a
reasonable
effective
date
10
for
the
rule.
Except
for
an
emergency
as
provided
in
subsection
L.
of
1
1
this
section,
the
effective
date
of
the
rule
shall
be
no
sooner
than
12
thirty
(30)
days
after
issuing
the
notice
that
it
adopted
or
amended
the
13
rule.
14
L.
Upon
determination
that
an
emergency
exists,
the
compact
commission
15
may
consider
and
adopt
an
emergency
rule
with
twenty
-
four
(24)
hours'
no
-
16
tice,
with
opportunity
to
comment,
provided
that
the
usual
rulemaking
pro
-
17
cedures
provided
in
the
compact
and
in
this
section
shall
be
retroactively
18
applied
to
the
rule
as
soon
as
reasonably
possible,
in
no
event
later
than
19
ninety
(90)
days
after
the
effective
date
of
the
rule.
For
the
purposes
of
20
this
provision,
an
emergency
rule
is
one
that
must
be
adopted
immediately
in
21
order
to:
22
1.
Meet
an
imminent
threat
to
public
health,
safety,
or
welfare;
23
2.
Prevent
a
loss
of
compact
commission
or
member
state
funds;
24
3.
Meet
a
deadline
for
the
promulgation
of
a
rule
that
is
established
by
25
federal
law
or
rule;
or
26
4.
Protect
public
health
and
safety.
27
M.
The
compact
commission
or
an
authorized
committee
of
the
compact
28
commission
may
direct
revision
to
a
previously
adopted
rule
for
purposes
of
29
correcting
typographical
errors,
errors
in
format,
errors
in
consistency,
30
or
grammatical
errors.
Public
notice
of
any
revision
shall
be
posted
on
31
the
website
of
the
compact
commission.
The
revision
shall
be
subject
to
32
challenge
by
any
person
for
a
period
of
thirty
(30)
days
after
posting.
The
33
revision
may
be
challenged
only
on
grounds
that
the
revision
results
in
a
34
material
change
to
a
rule.
A
challenge
shall
be
made
in
writing
and
deliv
-
35
ered
to
the
compact
commission
prior
to
the
end
of
the
notice
period.
If
no
36
challenge
is
made,
the
revision
will
take
effect
without
further
action.
37
If
the
revision
is
challenged,
the
revision
may
not
take
effect
without
the
38
approval
of
the
compact
commission.
39
N.
No
member
state's
rulemaking
requirements
shall
apply
under
this
40
compact.
41
SECTION
11
42
OVERSIGHT,
DISPUTE
RESOLUTION,
AND
ENFORCEMENT
43
A.
Oversight:
44
1.
The
executive
and
judicial
branches
of
state
government
in
each
mem
-
45
ber
state
shall
enforce
this
compact
and
take
all
actions
necessary
and
46
appropriate
to
implement
this
compact.
47
17
2.
Except
as
otherwise
provided
in
this
compact,
venue
is
proper
and
1
judicial
proceedings
by
or
against
the
compact
commission
shall
be
2
brought
solely
and
exclusively
in
a
court
of
competent
jurisdiction
3
where
the
principal
office
of
the
compact
commission
is
located.
The
4
compact
commission
may
waive
venue
and
jurisdictional
defenses
to
the
5
extent
it
adopts
or
consents
to
participate
in
alternative
dispute
6
resolution
proceedings.
Nothing
herein
shall
affect
or
limit
the
se
-
7
lection
or
propriety
of
venue
in
any
action
against
a
licensee
for
8
professional
malpractice,
misconduct,
or
any
such
similar
matter.
9
3.
The
compact
commission
shall
be
entitled
to
receive
service
of
10
process
in
any
proceeding
regarding
the
enforcement
or
interpretation
1
1
of
the
compact
and
shall
have
standing
to
intervene
in
such
a
proceeding
12
for
all
purposes.
Failure
to
provide
the
compact
commission
service
of
13
process
shall
render
a
judgment
or
order
void
as
to
the
compact
commis
-
14
sion,
this
compact,
or
promulgated
rules.
15
B.
Default,
technical
assistance,
and
termination:
16
1.
If
the
compact
commission
determines
that
a
member
state
has
de
-
17
faulted
in
the
performance
of
its
obligations
or
responsibilities
under
18
this
compact
or
the
promulgated
rules,
the
compact
commission
shall
19
provide
written
notice
to
the
defaulting
state.
The
notice
of
default
20
shall
describe
the
default,
the
proposed
means
of
curing
the
default,
21
and
any
other
action
that
the
compact
commission
may
take
and
shall
of
-
22
fer
training
and
specific
technical
assistance
regarding
the
default.
23
2.
The
compact
commission
shall
provide
a
copy
of
the
notice
of
default
24
to
the
other
member
states.
25
C.
If
a
state
in
default
fails
to
cure
the
default,
the
defaulting
state
26
may
be
terminated
from
the
compact
upon
an
affirmative
vote
of
a
majority
of
27
the
delegates
of
the
member
states,
and
all
rights,
privileges,
and
benefits
28
conferred
on
that
state
by
this
compact
may
be
terminated
on
the
effective
29
date
of
termination.
A
cure
of
the
default
does
not
relieve
the
offending
30
state
of
obligations
or
liabilities
incurred
during
the
period
of
default.
31
D.
Termination
of
membership
in
the
compact
shall
be
imposed
only
after
32
all
other
means
of
securing
compliance
have
been
exhausted.
Notice
of
in
-
33
tent
to
suspend
or
terminate
shall
be
given
by
the
compact
commission
to
the
34
governor,
the
majority
and
minority
leaders
of
the
defaulting
state's
legis
-
35
lature,
the
defaulting
state's
licensing
authority,
and
each
of
the
member
36
states'
licensing
authority.
37
E.
A
state
that
has
been
terminated
is
responsible
for
all
assessments,
38
obligations,
and
liabilities
incurred
through
the
effective
date
of
termi
-
39
nation,
including
obligations
that
extend
beyond
the
effective
date
of
ter
-
40
mination.
41
F.
Upon
the
termination
of
a
state's
membership
from
this
compact,
that
42
state
shall
immediately
provide
notice
to
all
licensees
within
that
state
43
of
such
termination.
The
terminated
state
shall
continue
to
recognize
all
44
compact
privileges
granted
pursuant
to
this
compact
for
a
minimum
of
six
(6)
45
months
after
the
date
of
said
notice
of
termination.
46
G.
The
compact
commission
shall
not
bear
any
costs
related
to
a
state
47
that
is
found
to
be
in
default
or
that
has
been
terminated
from
the
compact,
48
unless
agreed
upon
in
writing
between
the
compact
commission
and
the
de
-
49
faulting
state.
50
18
H.
The
defaulting
state
may
appeal
the
action
of
the
compact
commission
1
by
petitioning
the
United
States
district
court
for
the
District
of
Columbia
2
or
the
federal
district
where
the
compact
commission
has
its
principal
of
-
3
fices.
The
prevailing
party
shall
be
awarded
all
costs
of
such
litigation,
4
including
reasonable
attorney's
fees.
5
I.
Dispute
resolution:
6
1.
Upon
request
by
a
member
state,
the
compact
commission
shall
at
-
7
tempt
to
resolve
disputes
related
to
the
compact
that
arise
among
member
8
states
and
between
member
and
non
-
member
states.
9
2.
The
compact
commission
shall
promulgate
a
rule
providing
for
both
10
mediation
and
binding
dispute
resolution
for
disputes
as
appropriate.
1
1
J.
Enforcement:
12
1.
By
supermajority
vote,
the
compact
commission
may
initiate
legal
13
action
against
a
member
state
in
default
in
the
United
States
district
14
court
for
the
District
of
Columbia
or
the
federal
district
where
the
15
compact
commission
has
its
principal
offices
to
enforce
compliance
with
16
the
provisions
of
the
compact
and
its
promulgated
rules.
The
relief
17
sought
may
include
both
injunctive
relief
and
damages.
In
the
event
ju
-
18
dicial
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
19
all
costs
of
such
litigation,
including
reasonable
attorney's
fees.
20
The
remedies
herein
shall
not
be
the
exclusive
remedies
of
the
com
-
21
pact
commission.
The
compact
commission
may
pursue
any
other
remedies
22
available
under
federal
or
the
defaulting
member
state's
law.
23
2.
A
member
state
may
initiate
legal
action
against
the
compact
commis
-
24
sion
in
the
United
States
district
court
for
the
District
of
Columbia
or
25
the
federal
district
where
the
compact
commission
has
its
principal
of
-
26
fices
to
enforce
compliance
with
the
provisions
of
the
compact
and
its
27
promulgated
rules.
The
relief
sought
may
include
both
injunctive
re
-
28
lief
and
damages.
In
the
event
judicial
enforcement
is
necessary,
the
29
prevailing
party
shall
be
awarded
all
costs
of
such
litigation,
includ
-
30
ing
reasonable
attorney's
fees.
31
3.
No
party
other
than
a
member
state
shall
enforce
this
compact
against
32
the
compact
commission.
33
SECTION
12
34
EFFECTIVE
DATE,
WITHDRAWAL,
AND
AMENDMENT
35
A.
The
compact
shall
come
into
effect
on
the
date
on
which
the
compact
36
statute
is
enacted
into
law
in
the
seventh
member
state.
37
1.
On
or
after
the
effective
date
of
the
compact,
the
compact
commis
-
38
sion
shall
convene
and
review
the
enactment
of
each
of
the
first
seven
39
(7)
member
states
(charter
member
states)
to
determine
if
the
statute
40
enacted
by
each
such
charter
member
state
is
materially
different
than
41
the
model
compact
statute.
42
a.
A
charter
member
state
whose
enactment
is
found
to
be
materi
-
43
ally
different
from
the
model
compact
statute
shall
be
entitled
to
44
the
default
process
set
forth
in
section
11
of
this
compact.
45
b.
If
any
member
state
is
later
found
to
be
in
default,
or
is
termi
-
46
nated,
or
withdraws
from
the
compact,
the
compact
commission
shall
47
19
remain
in
existence
and
the
compact
shall
remain
in
effect
even
if
1
the
number
of
member
states
should
be
less
than
seven
(7).
2
2.
Member
states
enacting
the
compact
subsequent
to
the
seven
(7)
ini
-
3
tial
charter
member
states
shall
be
subject
to
the
process
set
forth
in
4
section
8.C.21.
to
determine
if
their
enactments
are
materially
dif
-
5
ferent
from
the
model
compact
statute
and
whether
they
qualify
for
par
-
6
ticipation
in
the
compact.
7
3.
All
actions
taken
for
the
benefit
of
the
compact
commission
or
in
8
furtherance
of
the
purposes
of
the
administration
of
the
compact
prior
9
to
the
effective
date
of
the
compact
or
the
compact
commission
coming
10
into
existence
shall
be
considered
to
be
actions
of
the
compact
commis
-
1
1
sion
unless
specifically
repudiated
by
the
compact
commission.
12
4.
Any
state
that
joins
the
compact
subsequent
to
the
compact
commis
-
13
sion's
initial
adoption
of
the
rules
and
bylaws
shall
be
subject
to
the
14
rules
and
bylaws
as
they
exist
on
the
date
on
which
the
compact
becomes
15
law
in
that
state.
Any
rule
that
has
been
previously
adopted
by
the
com
-
16
pact
commission
shall
have
the
full
force
and
effect
of
law
on
the
day
17
the
compact
becomes
law
in
that
state.
18
B.
Any
member
state
may
withdraw
from
this
compact
by
enacting
a
statute
19
repealing
the
same.
20
1.
A
member
state's
withdrawal
shall
not
take
effect
until
one
hundred
21
eighty
(180)
days
after
enactment
of
the
repealing
statute.
22
2.
Withdrawal
shall
not
affect
the
continuing
requirement
of
the
with
-
23
drawing
state's
licensing
authority
to
comply
with
the
investigative
24
and
adverse
action
reporting
requirements
of
this
compact
prior
to
the
25
effective
date
of
withdrawal.
26
3.
Upon
the
enactment
of
a
statute
withdrawing
from
this
compact,
a
27
state
shall
immediately
provide
notice
of
such
withdrawal
to
all
li
-
28
censees
within
that
state.
Notwithstanding
any
subsequent
statutory
29
enactment
to
the
contrary,
such
withdrawing
state
shall
continue
to
30
recognize
all
compact
privileges
granted
pursuant
to
this
compact
for
a
31
minimum
of
one
hundred
eighty
(180)
days
after
the
date
of
such
notice
of
32
withdrawal.
33
C.
Nothing
contained
in
this
compact
shall
be
construed
to
invalidate
34
or
prevent
any
licensure
agreement
or
other
cooperative
arrangement
between
35
a
member
state
and
a
non
-
member
state
that
does
not
conflict
with
the
provi
-
36
sions
of
this
compact.
37
D.
This
compact
may
be
amended
by
the
member
states.
No
amendment
to
38
this
compact
shall
become
effective
and
binding
upon
any
member
state
until
39
it
is
enacted
into
the
laws
of
all
member
states.
40
SECTION
13
41
CONSTRUCTION
AND
SEVERABILITY
42
A.
This
compact
and
the
compact
commission's
rulemaking
authority
43
shall
be
liberally
construed
so
as
to
effectuate
the
purposes
and
the
im
-
44
plementation
and
administration
of
the
compact.
Provisions
of
the
compact
45
expressly
authorizing
or
requiring
the
promulgation
of
rules
shall
not
be
46
construed
to
limit
the
compact
commission's
rulemaking
authority
solely
for
47
those
purposes.
48
20
B.
The
provisions
of
this
compact
shall
be
severable
and
if
any
phrase,
1
clause,
sentence,
or
provision
of
this
compact
is
held
by
a
court
of
compe
-
2
tent
jurisdiction
to
be
contrary
to
the
constitution
of
any
member
state,
a
3
state
seeking
participation
in
the
compact,
or
of
the
United
States,
or
the
4
applicability
thereof
to
any
government,
agency,
person,
or
circumstance
5
is
held
to
be
unconstitutional
by
a
court
of
competent
jurisdiction,
the
6
validity
of
the
remainder
of
this
compact
and
the
applicability
thereof
to
7
any
other
government,
agency,
person,
or
circumstance
shall
not
be
affected
8
thereby.
9
C.
Notwithstanding
subsection
B.
of
this
section,
the
compact
commis
-
10
sion
may
deny
a
state's
participation
in
the
compact
or,
in
accordance
with
1
1
the
requirements
of
section
11.B.,
terminate
a
member
state's
participation
12
in
the
compact,
if
it
determines
that
a
constitutional
requirement
of
a
mem
-
13
ber
state
is
a
material
departure
from
the
compact.
Otherwise,
if
this
com
-
14
pact
shall
be
held
to
be
contrary
to
the
constitution
of
any
member
state,
15
the
compact
shall
remain
in
full
force
and
effect
as
to
the
remaining
member
16
states
and
in
full
force
and
effect
as
to
the
member
state
affected
as
to
all
17
severable
matters.
18
SECTION
14
19
CONSISTENT
EFFECT
AND
CONFLICT
WITH
OTHER
STATE
LAWS
20
A.
Nothing
herein
shall
prevent
or
inhibit
the
enforcement
of
any
other
21
law
of
a
member
state
that
is
not
inconsistent
with
the
compact.
22
B.
Any
laws,
statutes,
regulations,
or
other
legal
requirements
in
a
23
member
state
in
conflict
with
the
compact
are
superseded
to
the
extent
of
the
24
conflict.
25
C.
All
permissible
agreements
between
the
compact
commission
and
the
26
member
states
are
binding
in
accordance
with
their
terms.
27
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
28
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
29
July
1,
2026.
30