AN ACT relating to dietitians.

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AN ACT relating to dietitians. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 310 IS CREATED TO 3
READ AS FOLLOWS: 4
SECTION 1. 5
PURPOSE 6
The purpose of this compact is to facilitate interstate practice of dietetics with the goal 7
of improving public access to dietetics services. This compa ct preserves the regulatory 8
authority of states to protect public health and safety through the current system of 9
state licensure, while also providing for licensure portability through a compact 10
privilege granted to qualifying professionals. This compact is designed to achieve the 11
following objectives: 12
A. Increase public access to dietetics services; 13
B. Provide opportunities for interstate practice by licensed dietitians who meet 14
uniform requirements; 15
C. Eliminate the necessity for licenses in multiple states; 16
D. Reduce administrative burden on member states and licensees; 17
E. Enhance the states’ ability to protect the public’s health and safety; 18
F. Encourage the cooperation of member states in regulating multistate practice of 19
licensed dietitians; 20
G. Support relocating active military members and their spouses; 21
H. Enhance the exchange of licensure, i nvestigative, and disciplinary information 22
among member states; and 23
I. Vest all member states with the authority to hold a licensed dietitian accountable 24
for meeting all state practice laws in the state in which the patient is located at the 25
time care is rendered. 26
SECTION 2. 27
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DEFINITIONS 1
As used in this compact, and except as otherwise provided, the following definitions 2
shall apply: 3
A. "ACEND" means the Accreditation Council for Education in Nutrition and 4
Dietetics or its successor organization; 5
B. "Active military member" means any individual with full -time duty status in the 6
active Armed Forces of the United States, including members of the National 7
Guard and Reserve; 8
C. "Adverse action" means any administrative, civil, equitable, or criminal action 9
permitted by a state’s laws which is imposed by a licensing authority or other 10
authority against a licensee, including actions against an individual’s license or 11
compact privilege such as revocation, suspension, probation, monitoring of the 12
licensee, limitat ion on the licensee’s practice, or any other encumbrance on 13
licensure affecting a licensee’s authorization to practice, including issuance of a 14
cease and desist action; 15
D. "Alternative program" means a nondisciplinary monitoring or practice 16
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 which enacted this compact by 20
law before the effective date specified in Section 12 of this compact; 21
G. "Compact commission" means the government agency whose membership 22
consists of all states that have enacted this compact, which is known as the 23
Dietitian Licensure Compact Commission, as described in Section 8 of this 24
compact, and which shall operate as an instrumentality of the member states; 25
H. "Compact privilege" means a legal authorization, which is equivalent to a 26
license, permitting the practice of dietetics in a remote state; 27
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I. "Continuing education" means a requirement, as a condition of license renewal, 1
to provide evidence of participation in, and completion of, educational and 2
professional activities relevant to practice or area of work; 3
J. "Current significant investigative information" means: 4
1. Investigative information that a licensing authority, after a preliminary 5
inquiry that includes notification and an opportunity for the subject licensee 6
to respond, if required by state law, has reason to believe is not groundless 7
and, if proved true, would indicate more than a minor infraction; or 8
2. Investigative information that indicates that the subject licensee represents 9
an immediate threat to public health and safety regardless of whether the 10
subject licensee has been notified and had an opportunity to respond; 11
K. "Data system" means a repository of information about licensees, including but 12
not limited to continuing education, examination, licensure, investigative, 13
compact privilege, and adverse action information; 14
L. "Encumbered license" means a license in which an advers e action restricts a 15
licensee’s ability to practice dietetics; 16
M. "Encumbrance" means a revocation or suspension of, or any limitation on, a 17
licensee’s full and unrestricted practice of dietetics by a licensing authority; 18
N. "Executive committee" means a group of delegates elected or appointed to act on 19
behalf of, and within the powers granted to them by, this compact and the 20
compact commission; 21
O. "Home state" means the member state that is the licensee’s primary state of 22
residence or that has been designated pursuant to Section 6 of this compact; 23
P. "Investigative information" means information, records, and documents received 24
or generated by a licensing authority pursuant to an investigation; 25
Q. "Jurisprudence requirement" means an assessment of an individual’s knowledge 26
of the state laws and regulations governing the practice of dietetics in such state; 27
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R. "License" means an authorization from a member state to either: 1
1. Engage in the practice of dietetics, including medical nutrition therapy; or 2
2. Use the title "dietitian," "licensed dietitian," "licensed dietitian 3
nutritionist," "certified dietitian," or other title describing a substantially 4
similar practitioner as the compact commission may further define by rule; 5
S. "Licensee" or "licensed dietitian" means an individual who currently holds a 6
license and who meets all of the requirements outlined in Section 4 of this 7
compact; 8
T. "Licensing authority" means the board or agency of a state, or equivalent, that is 9
responsible for the licensing and regulation of the practice of dietetics; 10
U. "Member state" means a state that has enacted the compact; 11
V. "Practice of dietetics" means the synthesis and application of dietetics as defined 12
by state law and administrative regula tions, primarily for the provision of 13
nutrition care services, including medical nutrition therapy, in person or via 14
telehealth, to prevent, manage, or treat diseases or medical conditions and 15
promote wellness; 16
W. "Registered dietitian" means a person who: 17
1. Has completed applicable education, experience, examination, and 18
recertification requirements approved by CDR; 19
2. Is credentialed by CDR as a registered dietitian or a registered dietitian 20
nutritionist; and 21
3. Is legally authorized to use the title registered dietitian or registered dietitian 22
nutritionist and the corresponding abbreviations "RD" or "RDN"; 23
X. "Remote state" means a member state other than the home state, where a 24
licensee is exercising or seeking to exercise a compact privilege; 25
Y. "Rule" means a regulation promulgated by the compact commission that has the 26
force of law; 27
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Z. "Single state license" means a license issued by a member state within the 1
issuing state and does not include a compact privilege in any other member state; 2
AA. "State" means any state, commonwealth, district, or territory of the United States 3
of America; and 4
AB. "Unencumbered license" means a license that authorizes a licensee to engage in 5
the full and unrestricted practice of dietetics. 6
SECTION 3. 7
STATE PARTICIPATION IN THE COMPACT 8
A. To participate in the compact, a state must currently: 9
1. License and regulate the practice of dietetics; and 10
2. Have a mechanism in place for receiving and investigating complaints 11
about licensees. 12
B. A member state shall: 13
1. Participate fully in the compact commission’s data system, including using 14
the unique identifier as defined in the rules; 15
2. Notify the compact commission, in compliance with the terms of the 16
compact and rules, of any adverse action or the availability of c urrent 17
significant investigative information regarding a licensee; 18
3. Implement or utilize procedures for considering the criminal history record 19
information of applicants for an initial compact privilege. These procedures 20
shall include the submission of fingerprints or other biometric -based 21
information by applicants for the purpose of obtaining an applicant’s 22
criminal history record information from the Federal Bureau of 23
Investigation and the agency responsible for retaining that state’s criminal 24
records. 25
a. A member state must fully implement a criminal history record 26
information requirement, within a time frame established by rule, 27
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which includes receiving the results of the Federal Bureau of 1
Investigation record search and shall use those results in determining 2
compact privilege eligibility. 3
b. Communication between a member state and the compact commission 4
or among member states regarding the verification of eligibility for a 5
compact privilege shall not include any information received from the 6
Federal Bureau of Investigation relating to a federal criminal history 7
record information check performed by a member state; 8
4. Comply with and enforce the rules of the compact commission; 9
5. Require an applicant for a compact privilege to obtain or retain a license in 10
the licensee’s home state and meet the home state’s qualificat ions for 11
licensure or renewal of licensure, as well as all other applicable state laws; 12
and 13
6. Recognize a compact privilege granted to a licensee who meets all of the 14
requirements outlined in Section 4 of this compact in accordance with the 15
terms of the compact and rules. 16
C. Member states may set and collect a fee for granting a compact privilege. 17
D. Individuals not residing in a member state shall continue to be able to apply for a 18
member state’s single state license as provided under the laws of each member 19
state. However, the single state license granted to these individuals shall not be 20
recognized as granting a compact privilege to engage in the practice of dietetics 21
in any other member state. 22
E. Nothing in this compact shall affect the requirements established by a member 23
state for the issuance of a single state license. 24
F. At no point shall the compact commission have the power to define the 25
requirements for the issuance of a single state license to practice dietetics. The 26
member states shall reta in sole jurisdiction over the provision of these 27
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requirements. 1
SECTION 4. 2
COMPACT PRIVILEGE 3
A. To exercise the compact privilege under the terms and provisions of the compact, 4
the licensee shall: 5
1. Satisfy one (1) of the following: 6
a. Hold a valid cur rent registration that gives the applicant the right to 7
use the term registered dietitian; or 8
b. Complete all of the following: 9
i. An education program which is either: 10
(a) A master’s degree or doctoral degree that is 11
programmatically accredited by ACE ND or by a dietetics 12
accrediting agency recognized by the United States 13
Department of Education, which the compact commission 14
may by rule determine, and from a college or university 15
accredited at the time of graduation by the appropriate 16
regional accrediti ng agency recognized by the Council on 17
Higher Education Accreditation and the United States 18
Department of Education; or 19
(b) An academic degree from a college or university in a 20
foreign country equivalent to the degree described in 21
subsection A.1.b.i. of t his section that is programmatically 22
accredited by ACEND or by a dietetics accrediting agency 23
recognized by the United States Department of Education, 24
which the compact commission may by rule determine; 25
ii. A planned, documented, supervised practice exper ience in 26
dietetics that is programmatically accredited by ACEND or by a 27
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dietetics accrediting agency recognized by the United States 1
Department of Education which the compact commission may by 2
rule determine and which involves at least one thousand (1,000) 3
hours of practice experience under the supervision of a 4
registered dietitian or a licensed dietitian; and 5
iii. Successful completion of either the registration examination for 6
dietitians administered by CDR or a national credentialing 7
examination for diet itians approved by the compact commission 8
by rule, with such completion being no more than five (5) years 9
prior to the date of the licensee’s application for initial licensure 10
and accompanied by a period of continuous licensure thereafter, 11
all of which may be further governed by the Rules of the 12
compact commission; 13
2. Hold an unencumbered license in the home state; 14
3. Notify the compact commission that the licensee is seeking a compact 15
privilege within a remote state or states; 16
4. Pay any applicable fees, including any state fee, for the compact privilege; 17
5. Meet any jurisprudence requirements established by the remote state or 18
states in which the licensee is seeking a compact privilege; and 19
6. Report to the compact commission any adverse action, encumbrance, or 20
restriction on a license taken by any nonmember state within thirty (30) 21
days from the date the action is taken. 22
B. The compact privilege is valid until the expiration date of the home s tate license. 23
To maintain a compact privilege, renewal of the compact privilege shall be 24
congruent with the renewal of the home state license as the compact commission 25
may define by rule. The licensee must comply with the requirements of subsection 26
A. of this section to maintain the compact privilege in the remote state or states. 27
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C. A licensee exercising a compact privilege shall adhere to the laws and regulations 1
of the remote state. Licensees shall be responsible for educating themselves on, 2
and complying with, any and all state laws relating to the practice of dietetics in 3
such remote state. 4
D. Notwithstanding anything to the contrary provided in this compact or state law, a 5
licensee exercising a compact privilege shall not be required to complete 6
continuing education requirements required by a remote state. A licensee 7
exercising a compact privilege is only required to meet any continuing education 8
requirements as required by the home state. 9
SECTION 5. 10
OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT 11
PRIVILEGE 12
A. A licensee may hold a home state license, which allows for a compact privilege in 13
other member states, in only one (1) member state at a time. 14
B. If a licensee changes home state by moving between two (2) member states: 15
1. The licensee shall file an application for obtaining a new home state license 16
based on a compact privilege, pay all applicable fees, and notify the current 17
and new home state in accordance with the rules of the compact 18
commission; 19
2. Upon receipt of an application for obt aining a new home state license by 20
virtue of a compact privilege, the new home state shall verify that the 21
licensee meets the criteria in Section 4 of this compact via the data system, 22
and require that the licensee complete the following: 23
a. Federal Bureau of Investigation fingerprint based criminal history 24
record information check; 25
b. Any other criminal history record information required by the new 26
home state; and 27
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c. Any jurisprudence requirements of the new home state; 1
3. The former home state shall con vert the former home state license into a 2
compact privilege once the new home state has activated the new home state 3
license in accordance with applicable rules adopted by the compact 4
commission; 5
4. Notwithstanding any other provision of this compact, if t he licensee cannot 6
meet the criteria in Section 4 of this compact, the new home state may apply 7
its requirements for issuing a new single state license; and 8
5. The licensee shall pay all applicable fees to the new home state in order to 9
be issued a new home state license. 10
C. If a license changes their state of residence by moving from a member state to a 11
nonmember state, or from a nonmember state to a member state, the state criteria 12
shall apply for issuance of a single state license in the new state. 13
D. Nothing in this compact shall interfere with a licensee’s ability to hold a single 14
state license in multiple states; however, for the purposes of this compact, a 15
licensee shall have only one (1) home state license. 16
E. Nothing in this compact shall affect th e requirements established by a member 17
state for the issuance of a single state license. 18
SECTION 6. 19
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 20
An active military member, or their spouse, shall designate a home state where the 21
individual has a current licen se in good standing. The individual may retain the home 22
state designation during the period the service member is on active duty. 23
SECTION 7. 24
ADVERSE ACTIONS 25
A. In addition to the other powers conferred by state law, a remote state shall have 26
the authority, in accordance with existing state due process law, to: 27
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1. Take adverse action against a licensee’s compact privilege within that 1
member state; and 2
2. Issue subpoenas for both hearings and investigations that require the 3
attendance and testimony of witnesses as well as the production of evidence. 4
Subpoenas issued by a licensing authority in a member state for the 5
attendance and testimony of witnesses or the production of evidence from 6
another member state shall be enforced in the latter state by any court of 7
competent jurisdiction, according to the practice and procedure applicable 8
to subpoenas issued in proceedings pending before that court. The issuing 9
authority shall pay any witness fees, travel expenses, mileage, and other fees 10
required by the service statutes of the state in which the witnesses or 11
evidence are located. 12
B. Only the home state shall have the power to take adverse action against a 13
licensee’s home state license. 14
C. For purposes of taking adverse action, the home state shall give the same priority 15
and effect to reported conduct received from a member state as it would if the 16
conduct had occurred within the home state. In so doing, the home state shall 17
apply its own state laws to determine appropriate action. 18
D. The home state shall complete any pending investigations of a licensee who 19
changes home states during the course of the investigations. The home state shall 20
also have authority to ta ke appropriate action and shall promptly report the 21
conclusions of the investigations to the administrator of the data system. The 22
administrator of the data system shall promptly notify the new home state of any 23
adverse actions. 24
E. A member state, if otherwise permitted by state law, may recover from the affected 25
licensee the costs of investigations and dispositions of cases resulting from any 26
adverse action taken against that licensee. 27
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F. A member state may take adverse action based on the factual finding s of another 1
remote state, provided that the member state follows its own procedures for taking 2
the adverse action. 3
G. Joint Investigations: 4
1. In addition to the authority granted to a member state by its respective state 5
law, any member state may partic ipate with other member states in joint 6
investigations of licensees. 7
2. Member states shall share any investigative, litigation, or compliance 8
materials in furtherance of any joint investigation initiated under the 9
compact. 10
H. If adverse action is taken b y the home state against a licensee’s home state 11
resulting in an encumbrance on the home state license, the licensee’s compact 12
privilege in all other member states shall be revoked until all encumbrances have 13
been removed from the home state license. All h ome state disciplinary orders that 14
impose adverse action against a licensee shall include a statement that the 15
licensee’s compact privileges are revoked in all member states during the 16
pendency of the order. 17
I. Once an encumbered license in the home state is restored to an unencumbered 18
license, as certified by the home state’s licensing authority, the licensee must meet 19
the requirements of Section 4A. of this compact and follow the administrative 20
requirements to reapply to obtain a compact privilege in any remote state. 21
J. If a member state takes adverse action, it shall promptly notify the administrator 22
of the data system. The administrator of the data system shall promptly notify the 23
other member states state of any adverse actions. 24
K. Nothing in this comp act shall override a member state’s decision that 25
participation in an alternative program may be used in lieu of adverse action. 26
SECTION 8. 27
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ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT COMMISSION 1
A. The compact member states hereby create and establi sh a joint government 2
agency whose membership consists of all member states that have enacted the 3
compact known as the Dietitian Licensure Compact Commission. The compact 4
commission is an instrumentality of the compact states acting jointly and not an 5
instrumentality of any one (1) state. The compact commission shall come into 6
existence on or after the effective date of the compact as set forth in Section 12 of 7
this compact. 8
B. Membership, Voting, and Meetings. 9
1. Each member state shall have and be limit ed to one (1) delegate selected by 10
that member state’s licensing authority. 11
2. The delegate shall be the primary administrator of the licensing authority or 12
their designee. 13
3. The compact commission shall by rule or bylaw establish a term of office 14
for delegates and may by rule or bylaw establish term limits. 15
4. The compact commission may recommend removal or suspension of any 16
delegate from office. 17
5. A member state’s licensing authority shall fill any vacancy of its delegate 18
occurring on the compact commission within sixty (60) days of the vacancy. 19
6. Each delegate shall be entitled to one (1) vote on all matters before the 20
compact commission requiring a vote by the delegates. 21
7. Delegates shall meet and vote by such means as set forth in the bylaws. The 22
bylaws may provide for delegates to meet and vote in -person or by 23
telecommunication, video conference, or other means of communication. 24
8. The compact commission shall meet at least once during each calendar 25
year. Additional meetings may be held as set for th in the bylaws. The 26
compact commission may meet in person or by telecommunication, video 27
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conference, or other means of communication. 1
C. The compact commission shall have the following powers: 2
1. Establish the fiscal year of the compact commission; 3
2. Establish code of conduct and conflict of interest policies; 4
3. Establish and amend rules and bylaws; 5
4. Maintain its financial records in accordance with the bylaws; 6
5. Meet and take such actions as are consistent with the provisions of this 7
compact, the compact commission’s rules, and the bylaws; 8
6. Initiate and conclude legal proceedings or actions in the name of the 9
compact commission, provided that the standing of an y licensing authority 10
to sue or be sued under applicable law shall not be affected; 11
7. Maintain and certify records and information provided to a member state as 12
the authenticated business records of the compact commission, and 13
designate an agent to do so on the compact commission’s behalf; 14
8. Purchase and maintain insurance and bonds; 15
9. Borrow, accept, or contract for services of personnel, including but not 16
limited to employees of a member state; 17
10. Conduct an annual financial review; 18
11. Hire employe es, elect or appoint officers, fix compensation, define duties, 19
grant such individuals appropriate authority to carry out the purposes of the 20
compact, and establish the compact commission’s personnel policies and 21
programs relating to conflicts of interest, qualifications of personnel, and 22
other related personnel matters; 23
12. Assess and collect fees; 24
13. Accept any and all appropriate donations, grants of money, other sources of 25
revenue, equipment, supplies, materials, services, and gifts, and receive, 26
utilize, and dispose of the same; provided that at all times the compact 27
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commission shall avoid any actual or appearance of impropriety or conflict 1
of interest; 2
14. Lease, purchase, retain, own, hold, improve, or use any property, real, 3
personal, or mixed, or any undivided interest therein; 4
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 5
dispose of any property, real, personal, or mixed; 6
16. Establish a budget and make expenditures; 7
17. Borrow money; 8
18. Appoint committees, including standing committees, composed of members, 9
state regulators, state legislators or their representatives, consumer 10
representatives, and such other interested persons as may be designated in 11
this compact or the bylaws; 12
19. Provide and receive information from, and cooperate with, law enforcement 13
agencies; 14
20. Establish and elect an executive committee, including a chair and a vice 15
chair; 16
21. Determine whether a state’s adopted language is materially different from 17
the model compact language such that t he state would not qualify for 18
participation in the compact; and 19
22. Perform such other functions as may be necessary or appropriate to achieve 20
the purposes of this compact. 21
D. The Executive Committee. 22
1. The executive committee shall have the power to act on behalf of the 23
compact commission according to the terms of this compact. The powers, 24
duties, and responsibilities of the executive committee shall include: 25
a. Oversee the day -to-day activities of the administration of the compact 26
including enforceme nt and compliance with the provisions of the 27
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compact, its rules and bylaws, and other such duties as deemed 1
necessary; 2
b. Recommend to the compact commission changes to the rules or 3
bylaws, changes to this compact legislation, fees charged to compact 4
member states, fees charged to licensees, and other fees; 5
c. Ensure compact administration services are appropriately provided, 6
including by contract; 7
d. Prepare and recommend the budget; 8
e. Maintain financial records on behalf of the compact commission; 9
f. Monitor compact compliance of member states and provide 10
compliance reports to the compact commission; 11
g. Establish additional committees as necessary; 12
h. Exercise the powers and duties of the compact commission during the 13
interim between compact commission meetings, except for adopting or 14
amending rules, adopting or amending bylaws, and exercising any 15
other powers and duties expressly reserved to the compact commission 16
by rule or bylaw; and 17
i. Other duties as provided in the rules or bylaws of the compact 18
commission. 19
2. The executive committee shall be composed of nine (9) members: 20
a. The chair and vice chair of the compact commission shall be voting 21
members of the executive committee; 22
b. Five (5) voting members from the current membership of the compact 23
commission, elected by the compact commission; 24
c. One (1) ex officio, nonvoting member from a recognized professional 25
association representing dietitians; and 26
d. One (1) ex officio, nonvoting member from a recognized national 27
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credentialing organization for dietitians. 1
3. The compact commission may remove any member of the executive 2
committee as provided in the compact commission’s bylaws. 3
4. The executive committee shall meet at least annually. 4
a. Executive committee meetings shall be open to the public, e xcept that 5
the executive committee may meet in a closed, nonpublic meeting as 6
provided in subsection F.2. of this section. 7
b. The executive committee shall give thirty (30) days’ notice of its 8
meetings, posted on the website of the compact commission and as 9
determined to provide notice to persons with an interest in the business 10
of the compact commission. 11
c. The executive committee may hold a special meeting in accordance 12
with subsection F.1.b. of this section. 13
E. The compact commission shall adopt and provide to the member states an annual 14
report. 15
F. Meetings of the Compact Commission. 16
1. All meetings shall be open to the public, except that the compact 17
commission may meet in a closed, nonpublic meeting as provided in 18
subsection F.2. of this section. 19
a. Public notice for all meetings of the full compact commission shall be 20
given in the same manner as required under the rulemaking 21
provisions in Section 10 of this compact, except that the compact 22
commission may hold a special meeting as provided in subsec tion 23
F.1.b. of this section. 24
b. The compact commission may hold a special meeting when it must 25
meet to conduct emergency business by giving twenty -four (24) hours’ 26
notice to all member states, on the compact commission’s website, and 27
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other means as provide d in the compact commission’s rules. The 1
compact commission’s legal counsel shall certify that the compact 2
commission’s need to meet qualifies as an emergency. 3
2. The compact commission or the executive committee or other committees of 4
the compact commissi on may convene in a closed, nonpublic meeting for 5
the compact commission or executive committee or other committees of the 6
compact commission to receive legal advice or to discuss: 7
a. Noncompliance of a member state with its obligations under the 8
compact; 9
b. The employment, compensation, discipline, or other matters, practices, 10
or procedures related to specific employees; 11
c. Current or threatened discipline of a licensee by the compact 12
commission or by a member state’s licensing authority; 13
d. Current, threatened, or reasonably anticipated litigation; 14
e. Negotiation of contracts for the purchase, lease, or sale of goods, 15
services, or real estate; 16
f. Accusing any person of a crime or formally censuring any person; 17
g. Trade secrets or commercial or financial information that is privileged 18
or confidential; 19
h. Information of a personal nature where disclosure would constitute a 20
clearly unwarranted invasion of personal privacy; 21
i. Investigative records compiled for law enforcement purposes; 22
j. Information related to any investigative reports prepared by or on 23
behalf of or for use of the compact commission or other committee 24
charged with responsibility of investigation or determination of 25
compliance issues pursuant to the compact; 26
k. Matters specifically exempted from disclosure by federal or member 27
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state law; or 1
l. Other matters as specified in the rules of the compact commission. 2
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall 3
state that the meeting will be closed and reference each relevant exempting 4
provision, and such reference shall be recorded in the minutes. 5
4. The compact commission shall keep minutes that fully and clearly describe 6
all matters discussed in a meeting and shall provide a full and accurate 7
summary of actions taken, and the reasons therefore, including a 8
description of the views expressed. All documents considered in connection 9
with an action shall be identified in such minutes. All minutes and 10
documents of a closed meeting shall remain under seal, subject to release 11
only by a majority vote of the compact com mission or order of a court of 12
competent jurisdiction. 13
G. Financing of the Compact Commission. 14
1. The compact commission shall pay, or provide for the payment of, the 15
reasonable expenses of its establishment, organization, and ongoing 16
activities. 17
2. The c ompact commission may accept any and all appropriate revenue 18
sources as provided in subsection C.13. of this section. 19
3. The compact commission may levy on and collect an annual assessment 20
from each member state and impose fees on licensees of member state s to 21
whom it grants a compact privilege to cover the cost of the operations and 22
activities of the compact commission and its staff, which must, in a total 23
amount, be sufficient to cover its annual budget as approved each year for 24
which revenue is not provi ded by other sources. The aggregate annual 25
assessment amount for member states shall be allocated based upon a 26
formula that the compact commission shall promulgate by rule. 27
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4. The compact commission shall not incur obligations of any kind prior to 1
securing the funds adequate to meet the same; nor shall the compact 2
commission pledge the credit of any of the member states, except by and 3
with the authority of the member state. 4
5. The compact commission shall keep accurate accounts of all receipts and 5
disbursements. The receipts and disbursements of the compact commission 6
shall be subject to the financial review and accounting procedures 7
established under its bylaws. However, all receipts and disbursements of 8
funds handled by the compact commission shall be su bject to an annual 9
financial review by a certified or licensed public accountant, and the report 10
of the financial review shall be included in and become part of the annual 11
report of the compact commission. 12
H. Qualified Immunity, Defense, and Indemnification. 13
1. The members, officers, executive director, employees, and representatives of 14
the compact commission shall be immune from suit and liability, both 15
personally and in their official capacity, for any claim for damage to or loss 16
of property or personal injury or other civil liability caused by or arising out 17
of any actual or alleged act, error, or omission that occurred, or that the 18
person against whom the claim is made had a reasonable basis for believing 19
occurred, within the scope of compact commissio n employment, duties, or 20
responsibilities; provided that nothing in this paragraph shall be construed 21
to protect any such person from suit or liability for any damage, loss, injury, 22
or liability caused by the intentional or willful or wanton misconduct of that 23
person. The procurement of insurance of any type by the compact 24
commission shall not in any way compromise or limit the immunity granted 25
hereunder. 26
2. The compact commission shall defend any member, officer, executive 27
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director, employee, and represent ative of the compact commission in any 1
civil action seeking to impose liability arising out of any actual or alleged 2
act, error, or omission that occurred within the scope of compact 3
commission employment, duties, or responsibilities, or as determined by t he 4
compact commission that the person against whom the claim is made had a 5
reasonable basis for believing occurred within the scope of compact 6
commission employment, duties, or responsibilities; provided that nothing 7
herein shall be construed to prohibit t hat person from retaining their own 8
counsel at their own expense; and provided further, that the actual or 9
alleged act, error, or omission did not result from that person’s intentional 10
or willful or wanton misconduct. 11
3. The compact commission shall indemn ify and hold harmless any member, 12
officer, executive director, employee, and representative of the compact 13
commission for the amount of any settlement or judgment obtained against 14
that person arising out of any actual or alleged act, error, or omission tha t 15
occurred within the scope of compact commission employment, duties, or 16
responsibilities, or that such person had a reasonable basis for believing 17
occurred within the scope of compact commission employment, duties, or 18
responsibilities, provided that the a ctual or alleged act, error, or omission 19
did not result from the intentional or willful or wanton misconduct of that 20
person. 21
4. Nothing herein shall be construed as a limitation on the liability of any 22
licensee for professional malpractice or misconduct, w hich shall be 23
governed solely by any other applicable state laws. 24
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 25
a member state’s state action immunity or state action affirmative defense 26
with respect to antitrust claims und er the Sherman Act, Clayton Act, or any 27
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other state or federal antitrust or anticompetitive law or regulation. 1
6. Nothing in this compact shall be construed to be a waiver of sovereign 2
immunity by the member states or by the compact commission. 3
7. The lia bility of the executive director and employees of the compact 4
commission or representatives of the compact commission, acting within the 5
scope of such person's employment or duties for acts, errors, or omissions 6
occurring within such person's state, may no t exceed the limits of liability 7
set forth under the constitution and laws of that state for state officials, 8
employees, and agents. The compact commission is considered to be an 9
instrumentality of the states for the purposes of any such action. 10
SECTION 9. 11
DATA SYSTEM 12
A. The compact commission shall provide for the development, maintenance, 13
operation, and utilization of a coordinated data system. 14
B. The compact commission shall assign each applicant for a compact privilege a 15
unique identifier, as determined by the rules. 16
C. Notwithstanding any other provision of state law to the contrary, a member state 17
shall submit a uniform data set to the data system on all individuals to whom this 18
compact is applicable as required by the rules of the compact commissio n, 19
including: 20
1. Identifying information; 21
2. Licensure data; 22
3. Adverse actions against a license or compact privilege and information 23
related thereto; 24
4. Nonconfidential information related to alternative program participation, 25
the beginning and ending dates of such participation, and other information 26
related to such participation not made confidential under member state law; 27
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5. Any denial of application for licensure, and the reasons for such denial; 1
6. The presence of current significant investigative information; and 2
7. Other information that may facilitate the administration of this compact or 3
the protection of the public, as determined by the rules of the compact 4
commission. 5
D. The records and information provided to a member state pursuant to this compact 6
or through the data system, when certified by the compact commission or an 7
agent thereof, shall constitute the authenticated business records of the compact 8
commission, and shall be entitled to any associated hearsay exception in any 9
relevant judicial, quasi-judicial, or administrative proceedings in a member state. 10
E. Current significant investigative information pertaining to a licensee in any 11
member state will only be available to other member states. 12
F. It is the responsibility of the member states to report any adverse action against a 13
licensee and to monitor the data system to determine whether any adverse action 14
has been taken against a license e. Adverse action information pertaining to a 15
licensee in any member state will be available to any other member state. 16
G. Member states contributing information to the data system may designate 17
information that may not be shared with the public without th e express 18
permission of the contributing state. 19
H. Any information submitted to the data system that is subsequently expunged 20
pursuant to federal law or the laws of the member state contributing the 21
information shall be removed from the data system. 22
SECTION 10. 23
RULEMAKING 24
A. The compact commission shall promulgate reasonable rules in order to effectively 25
and efficiently implement and administer the purposes and provisions of the 26
compact. A rule shall be invalid and have no force or effect only if a court o f 27
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competent jurisdiction holds that the rule is invalid because the compact 1
commission exercised its rulemaking authority in a manner that is beyond the 2
scope and purposes of the compact, or the powers granted hereunder, or based 3
upon another applicable standard of review. 4
B. The rules of the compact commission shall have the force of law in each member 5
state, provided however that where the rules conflict with the laws or regulations 6
of a member state that relate to the procedures, actions, and processes a licensed 7
dietitian is permitted to undertake in that state and the circumstances under 8
which they may do so, as held by a court of competent jurisdiction, the rules of 9
the compact commission shall be ineffective in that state to the extent of the 10
conflict. 11
C. The compact commission shall exercise its rulemaking powers pursuant to the 12
criteria set forth in this section and the rules adopted thereunder. Rules shall 13
become binding on the day following adoption or as of the date specified in the 14
rule or amendment, whichever is later. 15
D. If a majority of the legislatures of the member states rejects a rule or portion of a 16
rule, by enactment of a statute or resolution in the same manner used to adopt the 17
compact within four (4) years of the date of adoption of th e rule, then such rule 18
shall have no further force and effect in any member state. 19
E. Rules shall be adopted at a regular or special meeting of the compact 20
commission. 21
F. Prior to adoption of a proposed rule, the compact commission shall hold a public 22
hearing and allow persons to provide oral and written comments, data, facts, 23
opinions, and arguments. 24
G. Prior to adoption of a proposed rule by the compact commission, and at least 25
thirty (30) days in advance of the meeting at which the compact commission wi ll 26
hold a public hearing on the proposed rule, the compact commission shall 27
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provide a notice of proposed rulemaking: 1
1. On the website of the compact commission or other publicly accessible 2
platform; 3
2. To persons who have requested notice of the compact commission’s notices 4
of proposed rulemaking; and 5
3. In such other ways as the compact commission may by rule specify. 6
H. The notice of proposed rulemaking shall include: 7
1. The time, date, and location of the public hearing at which the compact 8
commission will hear public comments on the proposed rule and, if 9
different, the time, date, and location of the meeting where the compact 10
commission will consider and vote on the proposed rule; 11
2. If the hearing is held via telecommunication, video conference, or other 12
means of communication, the compact commission shall include the 13
mechanism for access to the hearing in the notice of proposed rulemaking; 14
3. The text of the proposed rule and the reason therefor; 15
4. A request for comments on the proposed rule from any interested person; 16
and 17
5. The manner in which interested persons may submit written comments. 18
I. All hearings will be recorded. A copy of the recording and all written comments 19
and documents received b y the compact commission in response to the proposed 20
rule shall be available to the public. 21
J. Nothing in this section shall be construed as requiring a separate hearing on 22
each rule. Rules may be grouped for the convenience of the compact commission 23
at hearings required by this section. 24
K. The compact commission shall, by majority vote of all members, take final action 25
on the proposed rule based on the rulemaking record and the full text of the rule. 26
1. The compact commission may adopt changes to the pr oposed rule provided 27
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the changes do not enlarge the original purpose of the proposed rule. 1
2. The compact commission shall provide an explanation of the reasons for 2
substantive changes made to the proposed rule as well as reasons for 3
substantive changes not made that were recommended by commenters. 4
3. The compact commission shall determine a reasonable effective date for the 5
rule. Except for an emergency as provided in subsection 10.L. of this 6
section, the effective date of the rule shall be no sooner tha n thirty (30) days 7
after issuing the notice that it adopted or amended the rule. 8
L. Upon determination that an emergency exists, the compact commission may 9
consider and adopt an emergency rule with twenty -four (24) hours’ notice, with 10
opportunity to comment, provided that the usual rulemaking procedures provided 11
in the compact and in this section shall be retroactively applied to the rule as soon 12
as reasonably possible, in no event later than ninety (90) days after the effective 13
date of the rule. For the p urposes of this provision, an emergency rule is one that 14
must be adopted immediately in order to: 15
1. Meet an imminent threat to public health, safety, or welfare; 16
2. Prevent a loss of compact commission or member state funds; 17
3. Meet a deadline for the p romulgation of a rule that is established by federal 18
law or rule; or 19
4. Protect public health and safety. 20
M. The compact commission or an authorized committee of the compact commission 21
may direct revision to a previously adopted rule for purposes of corr ecting 22
typographical errors, errors in format, errors in consistency, or grammatical 23
errors. Public notice of any revision shall be posted on the website of the compact 24
commission. The revision shall be subject to challenge by any person for a period 25
of thirty (30) days after posting. The revision may be challenged only on grounds 26
that the revision results in a material change to a rule. A challenge shall be made 27
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in writing and delivered to the compact commission prior to the end of the notice 1
period. If no challenge is made, the revision will take effect without further 2
action. If the revision is challenged, the revision may not take effect without the 3
approval of the compact commission. 4
N. No member state’s rulemaking requirements shall apply under this compact. 5
SECTION 11. 6
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 7
A. Oversight. 8
1. The executive and judicial branches of state government in each member 9
state shall enforce this compact and take all actions necessary and 10
appropriate to implement this compact. 11
2. Except as otherwise provided in this compact, venue is proper and judicial 12
proceedings by or against the compact commission shall be brought solely 13
and exclusively in a court of competent jurisdiction where the principal 14
office of the compact c ommission is located. The compact commission may 15
waive venue and jurisdictional defenses to the extent it adopts or consents to 16
participate in alternative dispute resolution proceedings. Nothing herein 17
shall affect or limit the selection or propriety of ve nue in any action against 18
a licensee for professional malpractice, misconduct, or any such similar 19
matter. 20
3. The compact commission shall be entitled to receive service of process in 21
any proceeding regarding the enforcement or interpretation of the compa ct 22
and shall have standing to intervene in such a proceeding for all purposes. 23
Failure to provide the compact commission service of process shall render a 24
judgment or order void as to the compact commission, this compact, or 25
promulgated rules. 26
B. Default, Technical Assistance, and Termination. 27
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1. If the compact commission determines that a member state has defaulted in 1
the performance of its obligations or responsibilities under this compact or 2
the promulgated rules, the compact commission shall provide w ritten notice 3
to the defaulting state. The notice of default shall describe the default, the 4
proposed means of curing the default, and any other action that the 5
compact commission may take and shall offer training and specific 6
technical assistance regarding the default. 7
2. The compact commission shall provide a copy of the notice of default to the 8
other member states. 9
C. If a state in default fails to cure the default, the defaulting state may be 10
terminated from the compact upon an affirmative vote of a m ajority of the 11
delegates of the member states, and all rights, privileges, and benefits conferred 12
on that state by this compact may be terminated on the effective date of 13
termination. A cure of the default does not relieve the offending state of 14
obligations or liabilities incurred during the period of default. 15
D. Termination of membership in the compact shall be imposed only after all other 16
means of securing compliance have been exhausted. Notice of intent to suspend 17
or terminate shall be given by the comp act commission to the Governor, the 18
majority and minority leaders of the defaulting state’s legislature, the defaulting 19
state’s licensing authority, and each of the member states’ licensing authority. 20
E. A state that has been terminated is responsible for all assessments, obligations, 21
and liabilities incurred through the effective date of termination, including 22
obligations that extend beyond the effective date of termination. 23
F. Upon the termination of a state’s membership from this compact, that state sh all 24
immediately provide notice to all licensees within that state of such termination. 25
The terminated state shall continue to recognize all compact privileges granted 26
pursuant to this compact for a minimum of six (6) months after the date of said 27
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notice of termination. 1
G. The compact commission shall not bear any costs related to a state that is found 2
to be in default or that has been terminated from the compact, unless agreed 3
upon in writing between the compact commission and the defaulting state. 4
H. The defaulting state m ay appeal the action of the compact commission by 5
petitioning the United States District Court for the District of Columbia or the 6
federal district where the compact commission has its principal offices. The 7
prevailing party shall be awarded all costs of s uch litigation, including 8
reasonable attorney’s fees. 9
I. Dispute Resolution. 10
1. Upon request by a member state, the compact commission shall attempt to 11
resolve disputes related to the compact that arise among member states and 12
between member and nonmember states. 13
2. The compact commission shall promulgate a rule providing for both 14
mediation and binding dispute resolution for disputes as appropriate. 15
J. Enforcement. 16
1. By supermajority vote, the compact commission may initiate legal action 17
against a member state in default in the United States District Court for the 18
District of Columbia or the federal district where the compact commission 19
has its principal offices to enforce compliance with the provisions of the 20
compact and its promulgated rules. The reli ef sought may include both 21
injunctive relief and damages. In the event judicial enforcement is 22
necessary, the prevailing party shall be awarded all costs of such litigation, 23
including reasonable attorney’s fees. The remedies herein shall not be the 24
exclusive remedies of the compact commission. The compact commission 25
may pursue any other remedies available under federal or the defaulting 26
member state’s law. 27
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2. A member state may initiate legal action against the compact commission in 1
the United States Distr ict Court for the District of Columbia or the federal 2
district where the compact commission has its principal offices to enforce 3
compliance with the provisions of the compact and its promulgated rules. 4
The relief sought may include both injunctive relief a nd damages. In the 5
event judicial enforcement is necessary, the prevailing party shall be 6
awarded all costs of such litigation, including reasonable attorney’s fees. 7
3. No party other than a member state shall enforce this compact against the 8
compact commission. 9
SECTION 12. 10
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 11
A. The compact shall come into effect on the date on which the compact statute is 12
enacted into law in the seventh member state. 13
1. On or after the effective date of the compact, the compact co mmission shall 14
convene and review the enactment of each of the first seven (7) member 15
states ("charter member states") to determine if the statute enacted by each 16
such charter member state is materially different than the model compact 17
statute. 18
a. A chart er member state whose enactment is found to be materially 19
different from the model compact statute shall be entitled to the 20
default process set forth in Section 11 of this compact. 21
b. If any member state is later found to be in default, or is terminated, o r 22
withdraws from the compact, the compact commission shall remain in 23
existence and the compact shall remain in effect even if the number of 24
member states should be less than seven (7). 25
2. Member states enacting the compact subsequent to the seven (7) init ial 26
charter member states shall be subject to the process set forth in Section 27
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8.C.21. of this compact to determine if their enactments are materially 1
different from the model compact statute and whether they qualify for 2
participation in the compact. 3
3. All actions taken for the benefit of the compact commission or in 4
furtherance of the purposes of the administration of the compact prior to 5
the effective date of the compact or the compact commission coming into 6
existence shall be considered to be actions o f the compact commission 7
unless specifically repudiated by the compact commission. 8
4. Any state that joins the compact subsequent to the compact commission’s 9
initial adoption of the rules and bylaws shall be subject to the rules and 10
bylaws as they exist o n the date on which the compact becomes law in that 11
state. Any rule that has been previously adopted by the compact commission 12
shall have the full force and effect of law on the day the compact becomes 13
law in that state. 14
B. Any member state may withdraw f rom this compact by enacting a statute 15
repealing the same. 16
1. A member state’s withdrawal shall not take effect until one hundred eighty 17
(180) days after enactment of the repealing statute. 18
2. Withdrawal shall not affect the continuing requirement of the withdrawing 19
state’s licensing authority to comply with the investigative and adverse 20
action reporting requirements of this compact prior to the effective date of 21
withdrawal. 22
3. Upon the enactment of a statute withdrawing from this compact, a state 23
shall immediately provide notice of such withdrawal to all licensees within 24
that state. Notwithstanding any subsequent statutory enactment to the 25
contrary, such withdrawing state shall continue to recognize all compact 26
privileges granted pursuant to this compact for a minimum of one hundred 27
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eighty (180) days after the date of such notice of withdrawal. 1
C. Nothing contained in this compact shall be construed to invalidate or prevent any 2
licensure agreement or other cooperative arrangement between a member state 3
and a nonmember state that does not conflict with the provisions of this compact. 4
D. This compact may be amended by the member states. No amendment to this 5
compact shall become effective and binding upon any member state until it is 6
enacted into the laws of all member states. 7
SECTION 13. 8
CONSTRUCTION AND SEVERABILITY 9
A. This compact and the compact commission’s rulemaking authority shall be 10
liberally construed so as to effectuate the purposes and the implementation and 11
administration of the compact. Provisions of the compact expressly authorizing or 12
requiring the promulgation of rules shall not be construed to l imit the compact 13
commission’s rulemaking authority solely for those purposes. 14
B. The provisions of this compact shall be severable and if any phrase, clause, 15
sentence, or provision of this compact is held by a court of competent jurisdiction 16
to be contrar y to the constitution of any member state, a state seeking 17
participation in the compact, or of the United States, or the applicability thereof 18
to any government, agency, person, or circumstance is held to be unconstitutional 19
by a court of competent jurisdi ction, the validity of the remainder of this compact 20
and the applicability thereof to any other government, agency, person, or 21
circumstance shall not be affected thereby. 22
C. Notwithstanding subsection B. of this section, the compact commission may deny 23
a state’s participation in the compact or, in accordance with the requirements of 24
Section 11.B. of this compact, terminate a member state’s participation in the 25
compact, if it determines that a constitutional requirement of a member state is a 26
material departure from the compact. Otherwise, if this compact shall be held to 27
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be contrary to the constitution of any member state, the compact shall remain in 1
full force and effect as to the remaining member states and in full force and 2
effect as to the member state affected as to all severable matters. 3
SECTION 14. 4
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 5
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 6
member state that is not inconsistent with the compact. 7
B. Any laws, statutes, regulations, or other legal requirements in a member state in 8
conflict with the compact are superseded to the extent of the conflict. 9
C. All permissible agreements between the compact commission and the member 10
states are binding in accordance with their terms. 11
SECTION 2. A NEW SECTION OF KRS CHAPTER 310 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) The board shall require a criminal background check by means of a fingerprint 14
check by the Department of Kentucky State Polic e and the Federal Bureau of 15
Investigation for: 16
(a) Applicants applying for initial licensure after the effective date of this Act; 17
and 18
(b) Applicants applying for an initial compact privilege granted under Section 1 19
of this Act to practice dietetics in Kentucky. 20
(2) The board may require a criminal background check by means of a fingerprint 21
check by the Department of Kentucky State Police and the Federal Bureau of 22
Investigation for a licensee who is the subject of an active investigation for a 23
violation und er this chapter or administrative regulations promulgated 24
thereunder. 25
(3) A criminal background check shall not be required by the board solely for the 26
purposes of renewing a license granted under KRS 310.021. 27