Enacting the dietitian licensure compact to provide interstate practice privileges for dietitians.

As Amended by House Committee
Session of 2025
HOUSE BILL No. 2070
By Committee on Commerce, Labor and Economic Development
Requested by William Wilk on behalf of the Kansas Chamber of Commerce
1-23
AN ACT concerning health and healthcare; relating to dietitians; enacting
the dietitian compact to provide interstate practice privileges.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This section shall be known and may be cited as the
dietitian 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 where
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 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
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members of the national guard and reserve.
(c) "Adverse action" means any administrative, civil, equitable or
criminal action permitted by a state's laws that 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) "CDR" means the commission on dietetic registration or its
successor organization.
(f) "Charter member state" means any member state that enacted this
compact by law before the effective date specified in section 12.
(g) "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.
(h) "Compact commission" means the governmental 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.
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(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
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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 shall currently:
(1) License and regulate the practice of dietetics; and
(2) have a mechanism in place for receiving and investigating
complaints concerning 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 shall fully implement a criminal history record
information requirement, within a time frame established by rule, that
includes receiving the results of the federal bureau of investigation record
search and shall use those results in determining compact privilege
eligibility; and
(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
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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. 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 that is either:
(a) A master's degree or doctoral degree that is programmatically
accredited by:
(1) ACEND; or
(2) 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; or
(b) an academic degree from a college or university in a foreign
country equivalent to the degree described in subclause (a) that is
programmatically accredited by:
(1) ACEND; or
(2) a dietetics accrediting agency recognized by the United States
department of education, which the compact commission may by rule
determine;
(ii) planned, documented and supervised practice experience in
dietetics that is programmatically accredited by:
(a) ACEND; or
(b) a dietetics accrediting agency recognized by the United States
department of education which the compact commission may by rule
determine, that involves at least 1000 hours of practice experience under
the supervision of a registered dietitian or a licensed dietitian; and
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(iii) successful completion of either:
(a) The registration examination for dietitians administered by CDR;
or
(b) a national credentialing examination for dietitians approved by the
compact commission by rule, such completion being not 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;
(4) pay any applicable fees, including any state fee, for the compact
privilege;
(5) meet any jurisprudence requirements established by the remote
state where 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 nonmember state
within 30 days from the date the action is taken. The compact privilege
shall be 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 shall comply with the
requirements of subsection (a) to maintain the compact privilege in the
remote state.
(b) The compact privilege shall be 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 shall
comply with the requirements of subsection (a) to maintain the compact
privilege in the remote state.
(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 shall only be
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
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(a) A licensee may hold a home state license that 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 nonmember state, or from a nonmember 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, except that 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
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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 where 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 and
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 if 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 in all other member states shall be revoked
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HB 2070—Am. by HC 9
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 shall 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, such state 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
governmental 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 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
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HB 2070—Am. by HC 10
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, except 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 except 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,
consumer representatives and such other interested persons as may be
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HB 2070—Am. by HC 11
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 and 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 exofficio, nonvoting member from a recognized professional
association representing dietitians; and
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HB 2070—Am. by HC 12
(D) one exofficio, 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, nonpublic 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, nonpublic 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
shall 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,
nonpublic meeting for the compact commission or executive committee or
other committees of the compact commission to receive legal advice or to
discuss:
(A) Noncompliance 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,
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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 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 that
shall, 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
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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. 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, except 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,
except that nothing herein shall be construed to prohibit that person from
retaining their own counsel at their own expense and 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
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commission employment, duties or responsibilities, except 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 in this compact 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 antitrust act of
1890, the Clayton act 15 U.S.C. §§ 12-27 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 SYSTEMS
(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 of the
compact commission.
(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) nonconfidential 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 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.
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(e) Current significant investigative information pertaining to a
licensee in any member state shall only be available to other member
states.
(f) Member states shall 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 shall be available to any other member
state.
(g) Member states contributing information to the data system may
designate information that shall 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, except 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 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
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comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the compact commission
and at least 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 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 therefor;
(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 shall 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
if 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 subsection (l),
the effective date of the rule shall be not sooner than 30 days after issuing
the notice that it adopted or amended the rule.
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(l) Upon determination that an emergency exists, the compact
commission may consider and adopt an emergency rule with 24 hours'
notice, with an opportunity to comment, except that the usual rulemaking
procedures provided in the compact and this section shall be retroactively
applied to the rule as soon as reasonably possible but not later than 90 days
after the effective date of the rule. For the purposes of this provision, an
emergency rule is one that shall 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 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 shall 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
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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 United States district court for the District
of Columbia or the federal district where the compact commission has its
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principal offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney 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 among member and nonmember 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 that judicial
enforcement is necessary, the prevailing party shall be awarded all costs of
such litigation, including reasonable attorney 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 United States d istrict 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 that judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable
attorney 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 that 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
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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 fewer 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 that 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 such compact.
(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 nonmember 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
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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 subsection (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. 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 in this compact 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, rules and 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. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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