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SECOND REGULAR SESSION
SENATE BILL NO. 1339
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5000S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 324, RSMo, by adding thereto three new sections relating to dietitians.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto 1
three new sections, to be known as sections 324.214, 324.218, 2
and 324.1800, to read as follows:3
324.214. 1. For purposes of this section, the 1
following terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational specialty 4
that enables a person to legally practice an occupation or 5
profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States, 7
including the Air Force, Army, Coast Guard, Marine Corps, 8
Navy, Space Force, National Guard, and any other military 9
branch that is designated by Congress as part of the Armed 10
Forces of the United States, and all reserve components and 11
auxiliaries. The term "military" also includes the military 12
reserves and militia of any United States territory or state; 13
(3) "Nonresident military spouse", a nonresident 14
spouse of an active-duty member of the Armed Forces of the 15
United States who has been transferred or is scheduled to be 16
transferred to this state, or who has been transferred or is 17
scheduled to be transferred to an adjacent state and is or 18
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will be domiciled in this state, or has moved to this state 19
on a permanent change-of-station basis; 20
(4) "Oversight body", any board, department, agency, 21
or office of a jurisdiction that issues licenses; 22
(5) "Resident military spouse", a spouse of an active- 23
duty member of the Armed Forces of the United States who has 24
been transferred or is scheduled to be transferred to this 25
state or an adjacent state and who is a permanent resident 26
of this state, who is domiciled in this state, or who has 27
this state as his or her home of record. 28
2. Any person who holds a valid current dietitian 29
license issued by another state, a branch or unit of the 30
military, a territory of the United States, or the District 31
of Columbia, and who has been licensed for at least one year 32
in such other jurisdiction, may submit to the committee an 33
application for a dietitian license in this state along with 34
proof of current licensure and proof of licensure for at 35
least one year in the other jurisdiction. 36
3. The committee shall: 37
(1) Within six months of receiving an application 38
described in subsection 2 of this section, waive any 39
examination, educational, or experience requirements for 40
licensure in this state for the applicant if it determines 41
that there were minimum education requirements and, if 42
applicable, work experience and clinical supervision 43
requirements in effect and the other jurisdiction verifies 44
that the person met those requirements in order to be 45
licensed or certified in that jurisdiction. The committee 46
may require an applicant to take and pass an examination 47
specific to the laws of this state; or 48
(2) Within thirty days of receiving an application 49
described in subsection 2 of this section from a nonresident 50
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military spouse or a resident military spouse, waive any 51
examination, educational, or experience requirements for 52
licensure in this state for the applicant and issue such 53
applicant a license under this section if such applicant 54
otherwise meets the requirements of this section. 55
4. (1) The committee shall not waive any examination, 56
educational, or experience requirements for any applicant 57
who has had his or her license revoked by an oversight body 58
outside the state; who is currently under investigation, who 59
has a complaint pending, or who is currently under 60
disciplinary action, except as provided in subdivision (2) 61
of this subsection, with an oversight body outside the 62
state; who does not hold a license in good standing with an 63
oversight body outside the state; who has a criminal record 64
that would disqualify him or her for licensure in this 65
state; or who does not hold a valid current license in the 66
other jurisdiction on the date the committee receives his or 67
her application under this section. 68
(2) If another jurisdiction has taken disciplinary 69
action against an applicant, the committee shall determine 70
if the cause for the action was corrected and the matter 71
resolved. If the matter has not been resolved by that 72
jurisdiction, the committee may deny a license until the 73
matter is resolved. 74
5. Nothing in this section shall prohibit the 75
committee from denying a license to an applicant under this 76
section for any reason described in section 324.217. 77
6. Any person who is licensed under the provisions of 78
this section shall be subject to the committee's 79
jurisdiction and all rules and regulations pertaining to 80
dietetics practice in this state. 81
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7. This section shall not be construed to waive any 82
requirement for an applicant to pay any fees. 83
324.218. 1. An applicant who has not previously taken 1
or passed an examination recognized by the committee and who 2
meets the qualifications of subsection 2 of section 324.210 3
may obtain without examination a nonrenewable temporary 4
license by paying a temporary license fee and submitting to 5
the committee an agreement-to-supervise form that is signed 6
by a licensed dietitian who has agreed to supervise the 7
applicant. Such temporary licensee may practice dietetics, 8
but any such practice shall be under the supervision of a 9
dietitian licensed in this state. 10
2. (1) Any dietitian who has agreed to supervise a 11
temporary licensee shall hold an unencumbered license to 12
practice dietetics in this state and shall provide the 13
committee proof of active dietetics practice in this state 14
for a minimum of one year before supervising the temporary 15
licensee. 16
(2) The supervising dietitian shall not be an 17
immediate family member of the temporary licensee. The 18
committee shall define the term "immediate family member" 19
for purposes of this subdivision and the scope of such 20
supervision by rule. 21
3. (1) The dietitian who has agreed to supervise the 22
applicant for a temporary license shall submit to the 23
committee a signed notarized form prescribed by the 24
committee attesting that the applicant for a temporary 25
license shall begin employment at a location in this state 26
within seven days of issuance of the temporary license. 27
(2) If the temporary licensee's employment described 28
in subdivision (1) of this subsection ceases, the 29
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supervising dietitian shall notify the committee within 30
three days of such cessation. 31
4. A licensed dietitian shall not supervise more than 32
one temporary licensee at a time. 33
5. The temporary license obtained by an applicant 34
under this section shall expire the date the committee is 35
notified by the supervising dietitian that the temporary 36
licensee's employment has ceased or within one hundred 37
eighty days of its issuance, whichever occurs first. 38
324.1800. SECTION 1. PURPOSE 1
The purpose of this Compact is to facilitate interstate 2
Practice of Dietetics with the goal of improving public 3
access to dietetics services. This Compact preserves the 4
regulatory authority of States to protect public health and 5
safety through the current system of State licensure, while 6
also providing for licensure portability through a Compact 7
Privilege granted to qualifying professionals. 8
This Compact is designed to achieve the following 9
objectives: 10
A. Increase public access to dietetics services; 11
B. Provide opportunities for interstate practice by 12
Licensed Dietitians who meet uniform requirements; 13
C. Eliminate the necessity for Licenses in multiple 14
States; 15
D. Reduce administrative burden on Member States and 16
Licensees; 17
E. Enhance the States' ability to protect the public's 18
health and safety; 19
F. Encourage the cooperation of Member States in 20
regulating multistate practice of Licensed Dietitians; 21
G. Support relocating Active Military Members and 22
their spouses; 23
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H. Enhance the exchange of licensure, investigative, 24
and disciplinary information among Member States; and 25
I. Vest all Member States with the authority to hold a 26
Licensed Dietitian accountable for meeting all State 27
practice laws in the State in which the patient is located 28
at the time care is rendered. 29
SECTION 2. DEFINITIONS 30
As used in this Compact, and except as otherwise 31
provided, the following definitions shall apply: 32
A. "ACEND" means the Accreditation Council for 33
Education in Nutrition and Dietetics or its successor 34
organization. 35
B. "Active Military Member" means any individual with 36
full-time duty status in the active armed forces of the 37
United States, including members of the National Guard and 38
Reserve. 39
C. "Adverse Action" means any administrative, civil, 40
equitable or criminal action permitted by a State's laws 41
which is imposed by a Licensing Authority or other authority 42
against a Licensee, including actions against an 43
individual's License or Compact Privilege such as 44
revocation, suspension, probation, monitoring of the 45
Licensee, limitation on the Licensee's practice, or any 46
other Encumbrance on licensure affecting a Licensee's 47
authorization to practice, including issuance of a cease and 48
desist action. 49
D. "Alternative Program" means a non-disciplinary 50
monitoring or practice remediation process approved by a 51
Licensing Authority. 52
E. "Charter Member State" means any Member State which 53
enacted this Compact by law before the Effective Date 54
specified in Section 12. 55
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F. "Continuing Education" means a requirement, as a 56
condition of License renewal, to provide evidence of 57
participation in, and completion of, educational and 58
professional activities relevant to practice or area of work. 59
G. "CDR" means the Commission on Dietetic Registration 60
or its successor organization. 61
H. "Compact Commission" means the government agency 62
whose membership consists of all States that have enacted 63
this Compact, which is known as the Dietitian Licensure 64
Compact Commission, as described in Section 8, and which 65
shall operate as an instrumentality of the Member States. 66
I. "Compact Privilege" means a legal authorization, 67
which is equivalent to a License, permitting the Practice of 68
Dietetics in a Remote State. 69
J. "Current Significant Investigative Information" 70
means: 71
1. Investigative Information that a Licensing 72
Authority, after a preliminary inquiry that includes 73
notification and an opportunity for the subject Licensee to 74
respond, if required by State law, has reason to believe is 75
not groundless and, if proved true, would indicate more than 76
a minor infraction; or 77
2. Investigative Information that indicates that the 78
subject Licensee represents an immediate threat to public 79
health and safety regardless of whether the subject Licensee 80
has been notified and had an opportunity to respond. 81
K. "Data System" means a repository of information 82
about Licensees, including, but not limited to, Continuing 83
Education, examination, licensure, investigative, Compact 84
Privilege and Adverse Action information. 85
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L. "Encumbered License" means a License in which an 86
Adverse Action restricts a Licensee’s ability to practice 87
dietetics. 88
M. "Encumbrance" means a revocation or suspension of, 89
or any limitation on a Licensee's full and unrestricted 90
Practice of Dietetics by a Licensing Authority. 91
N. "Executive Committee" means a group of delegates 92
elected or appointed to act on behalf of, and within the 93
powers granted to them by, this Compact, and the Compact 94
Commission. 95
O. "Home State" means the Member State that is the 96
Licensee's primary State of residence or that has been 97
designated pursuant to Section 6. 98
P. "Investigative Information" means information, 99
records, and documents received or generated by a Licensing 100
Authority pursuant to an investigation. 101
Q. "Jurisprudence Requirement" means an assessment of 102
an individual's knowledge of the State laws and regulations 103
governing the Practice of Dietetics in such State. 104
R. "License" means an authorization from a Member 105
State to either: 106
1. Engage in the Practice of Dietetics (including 107
medical nutrition therapy); or 108
2. Use the title "dietitian," "licensed dietitian," 109
"licensed dietitian nutritionist," "certified dietitian," or 110
other title describing a substantially similar practitioner 111
as the Compact Commission may further define by Rule. 112
S. "Licensee" or "Licensed Dietitian" means an 113
individual who currently holds a License and who meets all 114
of the requirements outlined in Section 4. 115
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T. "Licensing Authority" means the board or agency of 116
a State, or equivalent, that is responsible for the 117
licensing and regulation of the Practice of Dietetics. 118
U. "Member State" means a State that has enacted the 119
Compact. 120
V. "Practice of Dietetics" means the synthesis and 121
application of dietetics, primarily for the provision of 122
nutrition care services, including medical nutrition 123
therapy, in person or via telehealth, to prevent, manage, or 124
treat diseases or medical conditions and promote wellness. 125
W. "Registered Dietitian" means a person who: 126
1. Has completed applicable education, experience, 127
examination, and recertification requirements approved by 128
CDR; 129
2. Is credentialed by CDR as a registered dietitian or 130
a registered dietitian nutritionist; and 131
3. Is legally authorized to use the title registered 132
dietitian or registered dietitian nutritionist and the 133
corresponding abbreviations "RD" or "RDN." 134
X. "Remote State" means a Member State other than the 135
Home State, where a Licensee is exercising or seeking to 136
exercise a Compact Privilege. 137
Y. "Rule" means a regulation promulgated by the 138
Compact Commission that has the force of law. 139
Z. "Single State License" means a License issued by a 140
Member State within the issuing State and does not include a 141
Compact Privilege in any other Member State. 142
AA. "State" means any state, commonwealth, district, 143
or territory of the United States of America. 144
BB. "Unencumbered License" means a License that 145
authorizes a Licensee to engage in the full and unrestricted 146
Practice of Dietetics. 147
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SECTION 3. STATE PARTICIPATION IN THE COMPACT 148
A. To participate in the Compact, a State must 149
currently: 150
1. License and regulate the Practice of Dietetics; and 151
2. Have a mechanism in place for receiving and 152
investigating complaints about Licensees. 153
B. A Member State shall: 154
1. Participate fully in the Compact Commission's Data 155
System, including using the unique identifier as defined in 156
Rules; 157
2. Notify the Compact Commission, in compliance with 158
the terms of the Compact and Rules, of any Adverse Action or 159
the availability of Current Significant Investigative 160
Information regarding a Licensee; 161
3. Implement or utilize procedures for considering the 162
criminal history record information of applicants for an 163
initial Compact Privilege. These procedures shall include 164
the submission of fingerprints or other biometric-based 165
information by applicants for the purpose of obtaining an 166
applicant's criminal history record information from the 167
Federal Bureau of Investigation and the agency responsible 168
for retaining that State's criminal records; 169
a. A Member State must fully implement a criminal 170
history record information requirement, within a time frame 171
established by Rule, which includes receiving the results of 172
the Federal Bureau of Investigation record search and shall 173
use those results in determining Compact Privilege 174
eligibility. 175
b. Communication between a Member State and the 176
Compact Commission or among Member States regarding the 177
verification of eligibility for a Compact Privilege shall 178
not include any information received from the Federal Bureau 179
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of Investigation relating to a federal criminal history 180
record information check performed by a Member State. 181
4. Comply with and enforce the Rules of the Compact 182
Commission; 183
5. Require an applicant for a Compact Privilege to 184
obtain or retain a License in the Licensee's Home State and 185
meet the Home State's qualifications for licensure or 186
renewal of licensure, as well as all other applicable State 187
laws; and 188
6. Recognize a Compact Privilege granted to a Licensee 189
who meets all of the requirements outlined in Section 4 in 190
accordance with the terms of the Compact and Rules. 191
C. Member States may set and collect a fee for 192
granting a Compact Privilege. 193
D. Individuals not residing in a Member State shall 194
continue to be able to apply for a Member State's Single 195
State License as provided under the laws of each Member 196
State. However, the Single State License granted to these 197
individuals shall not be recognized as granting a Compact 198
Privilege to engage in the Practice of Dietetics in any 199
other Member State. 200
E. Nothing in this Compact shall affect the 201
requirements established by a Member State for the issuance 202
of a Single State License. 203
F. At no point shall the Compact Commission have the 204
power to define the requirements for the issuance of a 205
Single State License to practice dietetics. The Member 206
States shall retain sole jurisdiction over the provision of 207
these requirements. 208
SECTION 4. COMPACT PRIVILEGE 209
A. To exercise the Compact Privilege under the terms 210
and provisions of the Compact, the Licensee shall: 211
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1. Satisfy one of the following: 212
a. Hold a valid current registration that gives the 213
applicant the right to use the term Registered Dietitian; or 214
b. Complete all of the following: 215
i. An education program which is either: 216
(a) A master's degree or doctoral degree that is 217
programmatically accredited by (i) ACEND; or (ii) a 218
dietetics accrediting agency recognized by the United States 219
Department of Education, which the Compact Commission may by 220
Rule determine, and from a college or university accredited 221
at the time of graduation by the appropriate regional 222
accrediting agency recognized by the Council on Higher 223
Education Accreditation and the United States Department of 224
Education. 225
(b) An academic degree from a college or university in 226
a foreign country equivalent to the degree described in 227
subparagraph (a) that is programmatically accredited by (i) 228
ACEND; or (ii) a dietetics accrediting agency recognized by 229
the United States Department of Education, which the Compact 230
Commission may by Rule determine. 231
ii. A planned, documented, supervised practice 232
experience in dietetics that is programmatically accredited 233
by (i) ACEND, or (ii) a dietetics accrediting agency 234
recognized by the United States Department of Education 235
which the Compact Commission may by Rule determine and which 236
involves at least 1000 hours of practice experience under 237
the supervision of a Registered Dietitian or a Licensed 238
Dietitian. 239
iii. Successful completion of either: (i) the 240
Registration Examination for Dietitians administered by CDR, 241
or (ii) a national credentialing examination for dietitians 242
approved by the Compact Commission by Rule; such completion 243
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being no more than five years prior to the date of the 244
Licensee's application for initial licensure and accompanied 245
by a period of continuous licensure thereafter, all of which 246
may be further governed by the Rules of the Compact 247
Commission. 248
2. Hold an Unencumbered License in the Home State; 249
3. Notify the Compact Commission that the Licensee is 250
seeking a Compact Privilege within a Remote State(s); 251
4. Pay any applicable fees, including any State fee, 252
for the Compact Privilege; 253
5. Meet any Jurisprudence Requirements established by 254
the Remote State(s) in which the Licensee is seeking a 255
Compact Privilege; and 256
6. Report to the Compact Commission any Adverse 257
Action, Encumbrance, or restriction on a License taken by 258
any non-Member State within 30 days from the date the action 259
is taken. 260
B. The Compact Privilege is valid until the expiration 261
date of the Home State License. To maintain a Compact 262
Privilege, renewal of the Compact Privilege shall be 263
congruent with the renewal of the Home State License as the 264
Compact Commission may define by Rule. The Licensee must 265
comply with the requirements of Section 4(A) to maintain the 266
Compact Privilege in the Remote State(s). 267
C. A Licensee exercising a Compact Privilege shall 268
adhere to the laws and regulations of the Remote State. 269
Licensees shall be responsible for educating themselves on, 270
and complying with, any and all State laws relating to the 271
Practice of Dietetics in such Remote State. 272
D. Notwithstanding anything to the contrary provided 273
in this Compact or State law, a Licensee exercising a 274
Compact Privilege shall not be required to complete 275
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Continuing Education Requirements required by a Remote 276
State. A Licensee exercising a Compact Privilege is only 277
required to meet any Continuing Education Requirements as 278
required by the Home State. 279
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON 280
A COMPACT PRIVILEGE 281
A. A Licensee may hold a Home State License, which 282
allows for a Compact Privilege in other Member States, in 283
only one Member State at a time. 284
B. If a Licensee changes Home State by moving between 285
two Member States: 286
1. The Licensee shall file an application for 287
obtaining a new Home State License based on a Compact 288
Privilege, pay all applicable fees, and notify the current 289
and new Home State in accordance with the Rules of the 290
Compact Commission. 291
2. Upon receipt of an application for obtaining a new 292
Home State License by virtue of a Compact Privilege, the new 293
Home State shall verify that the Licensee meets the criteria 294
in Section 4 via the Data System, and require that the 295
Licensee complete the following: 296
a. Federal Bureau of Investigation fingerprint based 297
criminal history record information check; 298
b. Any other criminal history record information 299
required by the new Home State; and 300
c. Any Jurisprudence Requirements of the new Home 301
State. 302
3. The former Home State shall convert the former Home 303
State License into a Compact Privilege once the new Home 304
State has activated the new Home State License in accordance 305
with applicable Rules adopted by the Compact Commission. 306
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4. Notwithstanding any other provision of this 307
Compact, if the Licensee cannot meet the criteria in Section 308
4, the new Home State may apply its requirements for issuing 309
a new Single State License. 310
5. The Licensee shall pay all applicable fees to the 311
new Home State in order to be issued a new Home State 312
License. 313
C. If a Licensee changes their State of residence by 314
moving from a Member State to a non-Member State, or from a 315
non-Member State to a Member State, the State criteria shall 316
apply for issuance of a Single State License in the new 317
State. 318
D. Nothing in this Compact shall interfere with a 319
Licensee's ability to hold a Single State License in 320
multiple States; however, for the purposes of this Compact, 321
a Licensee shall have only one Home State License. 322
E. Nothing in this Compact shall affect the 323
requirements established by a Member State for the issuance 324
of a Single State License. 325
SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 326
An Active Military Member, or their spouse, shall 327
designate a Home State where the individual has a current 328
License in good standing. The individual may retain the 329
Home State designation during the period the service member 330
is on active duty. 331
SECTION 7. ADVERSE ACTIONS 332
A. In addition to the other powers conferred by State 333
law, a Remote State shall have the authority, in accordance 334
with existing State due process law, to: 335
1. Take Adverse Action against a Licensee's Compact 336
Privilege within that Member State; and 337
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2. Issue subpoenas for both hearings and 338
investigations that require the attendance and testimony of 339
witnesses as well as the production of evidence. Subpoenas 340
issued by a Licensing Authority in a Member State for the 341
attendance and testimony of witnesses or the production of 342
evidence from another Member State shall be enforced in the 343
latter State by any court of competent jurisdiction, 344
according to the practice and procedure applicable to 345
subpoenas issued in proceedings pending before that court. 346
The issuing authority shall pay any witness fees, travel 347
expenses, mileage, and other fees required by the service 348
statutes of the State in which the witnesses or evidence are 349
located. 350
B. Only the Home State shall have the power to take 351
Adverse Action against a Licensee's Home State License. 352
C. For purposes of taking Adverse Action, the Home 353
State shall give the same priority and effect to reported 354
conduct received from a Member State as it would if the 355
conduct had occurred within the Home State. In so doing, 356
the Home State shall apply its own State laws to determine 357
appropriate action. 358
D. The Home State shall complete any pending 359
investigations of a Licensee who changes Home States during 360
the course of the investigations. The Home State shall also 361
have authority to take appropriate action(s) and shall 362
promptly report the conclusions of the investigations to the 363
administrator of the Data System. The administrator of the 364
Data System shall promptly notify the new Home State of any 365
Adverse Actions. 366
E. A Member State, if otherwise permitted by State 367
law, may recover from the affected Licensee the costs of 368
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investigations and dispositions of cases resulting from any 369
Adverse Action taken against that Licensee. 370
F. A Member State may take Adverse Action based on the 371
factual findings of another Remote State, provided that the 372
Member State follows its own procedures for taking the 373
Adverse Action. 374
G. Joint Investigations: 375
1. In addition to the authority granted to a Member 376
State by its respective State law, any Member State may 377
participate with other Member States in joint investigations 378
of Licensees. 379
2. Member States shall share any investigative, 380
litigation, or compliance materials in furtherance of any 381
joint investigation initiated under the Compact. 382
H. If Adverse Action is taken by the Home State 383
against a Licensee's Home State License resulting in an 384
Encumbrance on the Home State License, the Licensee's 385
Compact Privilege(s) in all other Member States shall be 386
revoked until all Encumbrances have been removed from the 387
Home State License. All Home State disciplinary orders that 388
impose Adverse Action against a Licensee shall include a 389
statement that the Licensee's Compact Privileges are revoked 390
in all Member States during the pendency of the order. 391
I. Once an Encumbered License in the Home State is 392
restored to an Unencumbered License (as certified by the 393
Home State's Licensing Authority), the Licensee must meet 394
the requirements of Section 4(A) and follow the 395
administrative requirements to reapply to obtain a Compact 396
Privilege in any Remote State. 397
J. If a Member State takes Adverse Action, it shall 398
promptly notify the administrator of the Data System. The 399
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administrator of the Data System shall promptly notify the 400
other Member States of any Adverse Actions. 401
K. Nothing in this Compact shall override a Member 402
State's decision that participation in an Alternative 403
Program may be used in lieu of Adverse Action. 404
SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE 405
COMPACT COMMISSION 406
A. The Compact Member States hereby create and 407
establish a joint government agency whose membership 408
consists of all Member States that have enacted the Compact 409
known as the Dietitian Licensure Compact Commission. The 410
Compact Commission is an instrumentality of the Compact 411
States acting jointly and not an instrumentality of any one 412
State. The Compact Commission shall come into existence on 413
or after the effective date of the Compact as set forth in 414
Section 12. 415
B. Membership, Voting, and Meetings 416
1. Each Member State shall have and be limited to one 417
(1) delegate selected by that Member State's Licensing 418
Authority. 419
2. The delegate shall be the primary administrator of 420
the Licensing Authority or their designee. 421
3. The Compact Commission shall by Rule or bylaw 422
establish a term of office for delegates and may by Rule or 423
bylaw establish term limits. 424
4. The Compact Commission may recommend removal or 425
suspension of any delegate from office. 426
5. A Member State's Licensing Authority shall fill any 427
vacancy of its delegate occurring on the Compact Commission 428
within 60 days of the vacancy. 429
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6. Each delegate shall be entitled to one vote on all 430
matters before the Compact Commission requiring a vote by 431
the delegates. 432
7. Delegates shall meet and vote by such means as set 433
forth in the bylaws. The bylaws may provide for delegates 434
to meet and vote in-person or by telecommunication, video 435
conference, or other means of communication. 436
8. The Compact Commission shall meet at least once 437
during each calendar year. Additional meetings may be held 438
as set forth in the bylaws. The Compact Commission may meet 439
in person or by telecommunication, video conference, or 440
other means of communication. 441
C. The Compact Commission shall have the following 442
powers: 443
1. Establish the fiscal year of the Compact Commission; 444
2. Establish code of conduct and conflict of interest 445
policies; 446
3. Establish and amend Rules and bylaws; 447
4. Maintain its financial records in accordance with 448
the bylaws; 449
5. Meet and take such actions as are consistent with 450
the provisions of this Compact, the Compact Commission's 451
Rules, and the bylaws; 452
6. Initiate and conclude legal proceedings or actions 453
in the name of the Compact Commission, provided that the 454
standing of any Licensing Authority to sue or be sued under 455
applicable law shall not be affected; 456
7. Maintain and certify records and information 457
provided to a Member State as the authenticated business 458
records of the Compact Commission, and designate an agent to 459
do so on the Compact Commission's behalf; 460
8. Purchase and maintain insurance and bonds; 461
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9. Borrow, accept, or contract for services of 462
personnel, including, but not limited to, employees of a 463
Member State; 464
10. Conduct an annual financial review; 465
11. Hire employees, elect or appoint officers, fix 466
compensation, define duties, grant such individuals 467
appropriate authority to carry out the purposes of the 468
Compact, and establish the Compact Commission's personnel 469
policies and programs relating to conflicts of interest, 470
qualifications of personnel, and other related personnel 471
matters; 472
12. Assess and collect fees; 473
13. Accept any and all appropriate donations, grants 474
of money, other sources of revenue, equipment, supplies, 475
materials, services, and gifts, and receive, utilize, and 476
dispose of the same; provided that at all times the Compact 477
Commission shall avoid any actual or appearance of 478
impropriety or conflict of interest; 479
14. Lease, purchase, retain, own, hold, improve, or 480
use any property, real, personal, or mixed, or any undivided 481
interest therein; 482
15. Sell, convey, mortgage, pledge, lease, exchange, 483
abandon, or otherwise dispose of any property real, 484
personal, or mixed; 485
16. Establish a budget and make expenditures; 486
17. Borrow money; 487
18. Appoint committees, including standing committees, 488
composed of members, State regulators, State legislators or 489
their representatives, and consumer representatives, and 490
such other interested persons as may be designated in this 491
Compact or the bylaws; 492
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19. Provide and receive information from, and 493
cooperate with, law enforcement agencies; 494
20. Establish and elect an Executive Committee, 495
including a chair and a vice chair; 496
21. Determine whether a State's adopted language is 497
materially different from the model compact language such 498
that the State would not qualify for participation in the 499
Compact; and 500
22. Perform such other functions as may be necessary 501
or appropriate to achieve the purposes of this Compact. 502
D. The Executive Committee 503
1. The Executive Committee shall have the power to act 504
on behalf of the Compact Commission according to the terms 505
of this Compact. The powers, duties, and responsibilities 506
of the Executive Committee shall include: 507
a. Oversee the day-to-day activities of the 508
administration of the Compact including enforcement and 509
compliance with the provisions of the Compact, its Rules and 510
bylaws, and other such duties as deemed necessary; 511
b. Recommend to the Compact Commission changes to the 512
Rules or bylaws, changes to this Compact legislation, fees 513
charged to Compact Member States, fees charged to Licensees, 514
and other fees; 515
c. Ensure Compact administration services are 516
appropriately provided, including by contract; 517
d. Prepare and recommend the budget; 518
e. Maintain financial records on behalf of the Compact 519
Commission; 520
f. Monitor Compact compliance of Member States and 521
provide compliance reports to the Compact Commission; 522
g. Establish additional committees as necessary; 523
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h. Exercise the powers and duties of the Compact 524
Commission during the interim between Compact Commission 525
meetings, except for adopting or amending Rules, adopting or 526
amending bylaws, and exercising any other powers and duties 527
expressly reserved to the Compact Commission by Rule or 528
bylaw; and 529
i. Other duties as provided in the Rules or bylaws of 530
the Compact Commission. 531
2. The Executive Committee shall be composed of nine 532
members: 533
a. The chair and vice chair of the Compact Commission 534
shall be voting members of the Executive Committee; 535
b. Five voting members from the current membership of 536
the Compact Commission, elected by the Compact Commission; 537
c. One ex-officio, nonvoting member from a recognized 538
professional association representing dietitians; and 539
d. One ex-officio, nonvoting member from a recognized 540
national credentialing organization for dietitians. 541
3. The Compact Commission may remove any member of the 542
Executive Committee as provided in the Compact Commission's 543
bylaws. 544
4. The Executive Committee shall meet at least 545
annually. 546
a. Executive Committee meetings shall be open to the 547
public, except that the Executive Committee may meet in a 548
closed, non-public meeting as provided in subsection (F)(2). 549
b. The Executive Committee shall give 30 days' notice 550
of its meetings, posted on the website of the Compact 551
Commission and as determined to provide notice to persons 552
with an interest in the business of the Compact Commission. 553
c. The Executive Committee may hold a special meeting 554
in accordance with subsection (F)(1)(b). 555
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E. The Compact Commission shall adopt and provide to 556
the Member States an annual report. 557
F. Meetings of the Compact Commission 558
1. All meetings shall be open to the public, except 559
that the Compact Commission may meet in a closed, non-public 560
meeting as provided in subsection (F)(2). 561
a. Public notice for all meetings of the full Compact 562
Commission shall be given in the same manner as required 563
under the rulemaking provisions in Section 10, except that 564
the Compact Commission may hold a special meeting as 565
provided in subsection (F)(1)(b). 566
b. The Compact Commission may hold a special meeting 567
when it must meet to conduct emergency business by giving 24 568
hours' notice to all Member States, on the Compact 569
Commission's website, and other means as provided in the 570
Compact Commission's Rules. The Compact Commission's legal 571
counsel shall certify that the Compact Commission's need to 572
meet qualifies as an emergency. 573
2. The Compact Commission or the Executive Committee 574
or other committees of the Compact Commission may convene in 575
a closed, non-public meeting for the Compact Commission or 576
Executive Committee or other committees of the Compact 577
Commission to receive legal advice or to discuss: 578
a. Non-compliance of a Member State with its 579
obligations under the Compact; 580
b. The employment, compensation, discipline, or other 581
matters, practices, or procedures related to specific 582
employees; 583
c. Current or threatened discipline of a Licensee by 584
the Compact Commission or by a Member State's Licensing 585
Authority; 586
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d. Current, threatened, or reasonably anticipated 587
litigation; 588
e. Negotiation of contracts for the purchase, lease, 589
or sale of goods, services, or real estate; 590
f. Accusing any person of a crime or formally 591
censuring any person; 592
g. Trade secrets or commercial or financial 593
information that is privileged or confidential; 594
h. Information of a personal nature where disclosure 595
would constitute a clearly unwarranted invasion of personal 596
privacy; 597
i. Investigative records compiled for law enforcement 598
purposes; 599
j. Information related to any investigative reports 600
prepared by or on behalf of or for use of the Compact 601
Commission or other committee charged with responsibility of 602
investigation or determination of compliance issues pursuant 603
to the Compact; 604
k. Matters specifically exempted from disclosure by 605
federal or Member State law; or 606
l. Other matters as specified in the Rules of the 607
Compact Commission. 608
3. If a meeting, or portion of a meeting, is closed, 609
the presiding officer shall state that the meeting will be 610
closed and reference each relevant exempting provision, and 611
such reference shall be recorded in the minutes. 612
4. The Compact Commission shall keep minutes that 613
fully and clearly describe all matters discussed in a 614
meeting and shall provide a full and accurate summary of 615
actions taken, and the reasons therefore, including a 616
description of the views expressed. All documents 617
considered in connection with an action shall be identified 618
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in such minutes. All minutes and documents of a closed 619
meeting shall remain under seal, subject to release only by 620
a majority vote of the Compact Commission or order of a 621
court of competent jurisdiction. 622
G. Financing of the Compact Commission 623
1. The Compact Commission shall pay, or provide for 624
the payment of, the reasonable expenses of its 625
establishment, organization, and ongoing activities. 626
2. The Compact Commission may accept any and all 627
appropriate revenue sources as provided in subsection 628
(C)(13). 629
3. The Compact Commission may levy on and collect an 630
annual assessment from each Member State and impose fees on 631
Licensees of Member States to whom it grants a Compact 632
Privilege to cover the cost of the operations and activities 633
of the Compact Commission and its staff, which must, in a 634
total amount, be sufficient to cover its annual budget as 635
approved each year for which revenue is not provided by 636
other sources. The aggregate annual assessment amount for 637
Member States shall be allocated based upon a formula that 638
the Compact Commission shall promulgate by Rule. 639
4. The Compact Commission shall not incur obligations 640
of any kind prior to securing the funds adequate to meet the 641
same; nor shall the Compact Commission pledge the credit of 642
any of the Member States, except by and with the authority 643
of the Member State. 644
5. The Compact Commission shall keep accurate accounts 645
of all receipts and disbursements. The receipts and 646
disbursements of the Compact Commission shall be subject to 647
the financial review and accounting procedures established 648
under its bylaws. However, all receipts and disbursements 649
of funds handled by the Compact Commission shall be subject 650
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to an annual financial review by a certified or licensed 651
public accountant, and the report of the financial review 652
shall be included in and become part of the annual report of 653
the Compact Commission. 654
H. Qualified Immunity, Defense, and Indemnification 655
1. The members, officers, executive director, 656
employees and representatives of the Compact Commission 657
shall be immune from suit and liability, both personally and 658
in their official capacity, for any claim for damage to or 659
loss of property or personal injury or other civil liability 660
caused by or arising out of any actual or alleged act, 661
error, or omission that occurred, or that the person against 662
whom the claim is made had a reasonable basis for believing 663
occurred within the scope of Compact Commission employment, 664
duties, or responsibilities; provided that nothing in this 665
paragraph shall be construed to protect any such person from 666
suit or liability for any damage, loss, injury, or liability 667
caused by the intentional or willful or wanton misconduct of 668
that person. The procurement of insurance of any type by 669
the Compact Commission shall not in any way compromise or 670
limit the immunity granted hereunder. 671
2. The Compact Commission shall defend any member, 672
officer, executive director, employee, and representative of 673
the Compact Commission in any civil action seeking to impose 674
liability arising out of any actual or alleged act, error, 675
or omission that occurred within the scope of Compact 676
Commission employment, duties, or responsibilities, or as 677
determined by the Compact Commission that the person against 678
whom the claim is made had a reasonable basis for believing 679
occurred within the scope of Compact Commission employment, 680
duties, or responsibilities; provided that nothing herein 681
shall be construed to prohibit that person from retaining 682
SB 1339 27
their own counsel at their own expense; and provided 683
further, that the actual or alleged act, error, or omission 684
did not result from that person’s intentional or willful or 685
wanton misconduct. 686
3. The Compact Commission shall indemnify and hold 687
harmless any member, officer, executive director, employee, 688
and representative of the Compact Commission for the amount 689
of any settlement or judgment obtained against that person 690
arising out of any actual or alleged act, error, or omission 691
that occurred within the scope of Compact Commission 692
employment, duties, or responsibilities, or that such person 693
had a reasonable basis for believing occurred within the 694
scope of Compact Commission employment, duties, or 695
responsibilities, provided that the actual or alleged act, 696
error, or omission did not result from the intentional or 697
willful or wanton misconduct of that person. 698
4. Nothing herein shall be construed as a limitation 699
on the liability of any Licensee for professional 700
malpractice or misconduct, which shall be governed solely by 701
any other applicable State laws. 702
5. Nothing in this Compact shall be interpreted to 703
waive or otherwise abrogate a Member State's state action 704
immunity or state action affirmative defense with respect to 705
antitrust claims under the Sherman Act, Clayton Act, or any 706
other State or federal antitrust or anticompetitive law or 707
regulation. 708
6. Nothing in this Compact shall be construed to be a 709
waiver of sovereign immunity by the Member States or by the 710
Compact Commission. 711
SECTION 9. DATA SYSTEM 712
SB 1339 28
A. The Compact Commission shall provide for the 713
development, maintenance, operation, and utilization of a 714
coordinated Data System. 715
B. The Compact Commission shall assign each applicant 716
for a Compact Privilege a unique identifier, as determined 717
by the Rules. 718
C. Notwithstanding any other provision of State law to 719
the contrary, a Member State shall submit a uniform data set 720
to the Data System on all individuals to whom this Compact 721
is applicable as required by the Rules of the Compact 722
Commission, including: 723
1. Identifying information; 724
2. Licensure data; 725
3. Adverse Actions against a License or Compact 726
Privilege and information related thereto; 727
4. Non-confidential information related to Alternative 728
Program participation, the beginning and ending dates of 729
such participation, and other information related to such 730
participation not made confidential under Member State law; 731
5. Any denial of application for licensure, and the 732
reason(s) for such denial; 733
6. The presence of Current Significant Investigative 734
Information; and 735
7. Other information that may facilitate the 736
administration of this Compact or the protection of the 737
public, as determined by the Rules of the Compact Commission. 738
D. The records and information provided to a Member 739
State pursuant to this Compact or through the Data System, 740
when certified by the Compact Commission or an agent 741
thereof, shall constitute the authenticated business records 742
of the Compact Commission, and shall be entitled to any 743
SB 1339 29
associated hearsay exception in any relevant judicial, quasi- 744
judicial, or administrative proceedings in a Member State. 745
E. Current Significant Investigative Information 746
pertaining to a Licensee in any Member State will only be 747
available to other Member States. 748
F. It is the responsibility of the Member States to 749
report any Adverse Action against a Licensee and to monitor 750
the Data System to determine whether any Adverse Action has 751
been taken against a Licensee. Adverse Action information 752
pertaining to a Licensee in any Member State will be 753
available to any other Member State. 754
G. Member States contributing information to the Data 755
System may designate information that may not be shared with 756
the public without the express permission of the 757
contributing State. 758
H. Any information submitted to the Data System that 759
is subsequently expunged pursuant to federal law or the laws 760
of the Member State contributing the information shall be 761
removed from the Data System. 762
SECTION 10. RULEMAKING 763
A. The Compact Commission shall promulgate reasonable 764
Rules in order to effectively and efficiently implement and 765
administer the purposes and provisions of the Compact. A 766
Rule shall be invalid and have no force or effect only if a 767
court of competent jurisdiction holds that the Rule is 768
invalid because the Compact Commission exercised its 769
rulemaking authority in a manner that is beyond the scope 770
and purposes of the Compact, or the powers granted 771
hereunder, or based upon another applicable standard of 772
review. 773
B. The Rules of the Compact Commission shall have the 774
force of law in each Member State, provided however that 775
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where the Rules conflict with the laws or regulations of a 776
Member State that relate to the procedures, actions, and 777
processes a Licensed Dietitian is permitted to undertake in 778
that State and the circumstances under which they may do so, 779
as held by a court of competent jurisdiction, the Rules of 780
the Compact Commission shall be ineffective in that State to 781
the extent of the conflict. 782
C. The Compact Commission shall exercise its 783
rulemaking powers pursuant to the criteria set forth in this 784
Section and the Rules adopted thereunder. Rules shall 785
become binding on the day following adoption or as of the 786
date specified in the Rule or amendment, whichever is later. 787
D. If a majority of the legislatures of the Member 788
States rejects a Rule or portion of a Rule, by enactment of 789
a statute or resolution in the same manner used to adopt the 790
Compact within four (4) years of the date of adoption of the 791
Rule, then such Rule shall have no further force and effect 792
in any Member State. 793
E. Rules shall be adopted at a regular or special 794
meeting of the Compact Commission. 795
F. Prior to adoption of a proposed Rule, the Compact 796
Commission shall hold a public hearing and allow persons to 797
provide oral and written comments, data, facts, opinions, 798
and arguments. 799
G. Prior to adoption of a proposed Rule by the Compact 800
Commission, and at least thirty (30) days in advance of the 801
meeting at which the Compact Commission will hold a public 802
hearing on the proposed Rule, the Compact Commission shall 803
provide a Notice of Proposed rulemaking: 804
1. On the website of the Compact Commission or other 805
publicly accessible platform; 806
SB 1339 31
2. To persons who have requested notice of the Compact 807
Commission's notices of proposed rulemaking; and 808
3. In such other way(s) as the Compact Commission may 809
by Rule specify. 810
H. The Notice of Proposed rulemaking shall include: 811
1. The time, date, and location of the public hearing 812
at which the Compact Commission will hear public comments on 813
the proposed Rule and, if different, the time, date, and 814
location of the meeting where the Compact Commission will 815
consider and vote on the proposed Rule; 816
2. If the hearing is held via telecommunication, video 817
conference, or other means of communication, the Compact 818
Commission shall include the mechanism for access to the 819
hearing in the Notice of Proposed rulemaking; 820
3. The text of the proposed Rule and the reason 821
therefore; 822
4. A request for comments on the proposed Rule from 823
any interested person; and 824
5. The manner in which interested persons may submit 825
written comments. 826
I. All hearings will be recorded. A copy of the 827
recording and all written comments and documents received by 828
the Compact Commission in response to the proposed Rule 829
shall be available to the public. 830
J. Nothing in this Section shall be construed as 831
requiring a separate hearing on each Rule. Rules may be 832
grouped for the convenience of the Compact Commission at 833
hearings required by this Section. 834
K. The Compact Commission shall, by majority vote of 835
all members, take final action on the proposed Rule based on 836
the rulemaking record and the full text of the Rule. 837
SB 1339 32
1. The Compact Commission may adopt changes to the 838
proposed Rule provided the changes do not enlarge the 839
original purpose of the proposed Rule. 840
2. The Compact Commission shall provide an explanation 841
of the reasons for substantive changes made to the proposed 842
Rule as well as reasons for substantive changes not made 843
that were recommended by commenters. 844
3. The Compact Commission shall determine a reasonable 845
effective date for the Rule. Except for an emergency as 846
provided in Section 10(L), the effective date of the Rule 847
shall be no sooner than 30 days after issuing the notice 848
that it adopted or amended the Rule. 849
L. Upon determination that an emergency exists, the 850
Compact Commission may consider and adopt an emergency Rule 851
with 24 hours' notice, with opportunity to comment, provided 852
that the usual rulemaking procedures provided in the Compact 853
and in this Section shall be retroactively applied to the 854
Rule as soon as reasonably possible, in no event later than 855
ninety (90) days after the effective date of the Rule. For 856
the purposes of this provision, an emergency Rule is one 857
that must be adopted immediately in order to: 858
1. Meet an imminent threat to public health, safety, 859
or welfare; 860
2. Prevent a loss of Compact Commission or Member 861
State funds; 862
3. Meet a deadline for the promulgation of a Rule that 863
is established by federal law or rule; or 864
4. Protect public health and safety. 865
M. The Compact Commission or an authorized committee 866
of the Compact Commission may direct revision to a 867
previously adopted Rule for purposes of correcting 868
typographical errors, errors in format, errors in 869
SB 1339 33
consistency, or grammatical errors. Public notice of any 870
revision shall be posted on the website of the Compact 871
Commission. The revision shall be subject to challenge by 872
any person for a period of thirty (30) days after posting. 873
The revision may be challenged only on grounds that the 874
revision results in a material change to a Rule. A 875
challenge shall be made in writing and delivered to the 876
Compact Commission prior to the end of the notice period. 877
If no challenge is made, the revision will take effect 878
without further action. If the revision is challenged, the 879
revision may not take effect without the approval of the 880
Compact Commission. 881
N. No Member State's rulemaking requirements shall 882
apply under this Compact. 883
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND 884
ENFORCEMENT 885
A. Oversight 886
1. The executive and judicial branches of State 887
government in each Member State shall enforce this Compact 888
and take all actions necessary and appropriate to implement 889
this Compact. 890
2. Except as otherwise provided in this Compact, venue 891
is proper and judicial proceedings by or against the Compact 892
Commission shall be brought solely and exclusively in a 893
court of competent jurisdiction where the principal office 894
of the Compact Commission is located. The Compact 895
Commission may waive venue and jurisdictional defenses to 896
the extent it adopts or consents to participate in 897
alternative dispute resolution proceedings. Nothing herein 898
shall affect or limit the selection or propriety of venue in 899
any action against a Licensee for professional malpractice, 900
misconduct, or any such similar matter. 901
SB 1339 34
3. The Compact Commission shall be entitled to receive 902
service of process in any proceeding regarding the 903
enforcement or interpretation of the Compact and shall have 904
standing to intervene in such a proceeding for all 905
purposes. Failure to provide the Compact Commission service 906
of process shall render a judgment or order void as to the 907
Compact Commission, this Compact, or promulgated Rules. 908
B. Default, Technical Assistance, and Termination 909
1. If the Compact Commission determines that a Member 910
State has defaulted in the performance of its obligations or 911
responsibilities under this Compact or the promulgated 912
Rules, the Compact Commission shall provide written notice 913
to the defaulting State. The notice of default shall 914
describe the default, the proposed means of curing the 915
default, and any other action that the Compact Commission 916
may take and shall offer training and specific technical 917
assistance regarding the default. 918
2. The Compact Commission shall provide a copy of the 919
notice of default to the other Member States. 920
C. If a State in default fails to cure the default, 921
the defaulting State may be terminated from the Compact upon 922
an affirmative vote of a majority of the delegates of the 923
Member States, and all rights, privileges, and benefits 924
conferred on that State by this Compact may be terminated on 925
the effective date of termination. A cure of the default 926
does not relieve the offending State of obligations or 927
liabilities incurred during the period of default. 928
D. Termination of membership in the Compact shall be 929
imposed only after all other means of securing compliance 930
have been exhausted. Notice of intent to suspend or 931
terminate shall be given by the Compact Commission to the 932
governor, the majority and minority leaders of the 933
SB 1339 35
defaulting State's legislature, the defaulting State's 934
Licensing Authority, and each of the Member States' 935
Licensing Authority. 936
E. A State that has been terminated is responsible for 937
all assessments, obligations, and liabilities incurred 938
through the effective date of termination, including 939
obligations that extend beyond the effective date of 940
termination. 941
F. Upon the termination of a State's membership from 942
this Compact, that State shall immediately provide notice to 943
all Licensees within that State of such termination. The 944
terminated State shall continue to recognize all Compact 945
Privileges granted pursuant to this Compact for a minimum of 946
six months after the date of said notice of termination. 947
G. The Compact Commission shall not bear any costs 948
related to a State that is found to be in default or that 949
has been terminated from the Compact, unless agreed upon in 950
writing between the Compact Commission and the defaulting 951
State. 952
H. The defaulting State may appeal the action of the 953
Compact Commission by petitioning the U.S. District Court 954
for the District of Columbia or the federal district where 955
the Compact Commission has its principal offices. The 956
prevailing party shall be awarded all costs of such 957
litigation, including reasonable attorney's fees. 958
I. Dispute Resolution 959
1. Upon request by a Member State, the Compact 960
Commission shall attempt to resolve disputes related to the 961
Compact that arise among Member States and between Member 962
and non-Member States. 963
SB 1339 36
2. The Compact Commission shall promulgate a Rule 964
providing for both mediation and binding dispute resolution 965
for disputes as appropriate. 966
J. Enforcement 967
1. By supermajority vote, the Compact Commission may 968
initiate legal action against a Member State in default in 969
the United States District Court for the District of 970
Columbia or the federal district where the Compact 971
Commission has its principal offices to enforce compliance 972
with the provisions of the Compact and its promulgated 973
Rules. The relief sought may include both injunctive relief 974
and damages. In the event judicial enforcement is 975
necessary, the prevailing party shall be awarded all costs 976
of such litigation, including reasonable attorney's fees. 977
The remedies herein shall not be the exclusive remedies of 978
the Compact Commission. The Compact Commission may pursue 979
any other remedies available under federal or the defaulting 980
Member State's law. 981
2. A Member State may initiate legal action against 982
the Compact Commission in the U.S. District Court for the 983
District of Columbia or the federal district where the 984
Compact Commission has its principal offices to enforce 985
compliance with the provisions of the Compact and its 986
promulgated Rules. The relief sought may include both 987
injunctive relief and damages. In the event judicial 988
enforcement is necessary, the prevailing party shall be 989
awarded all costs of such litigation, including reasonable 990
attorney's fees. 991
3. No party other than a Member State shall enforce 992
this Compact against the Compact Commission. 993
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 994
SB 1339 37
A. The Compact shall come into effect on the date on 995
which the Compact statute is enacted into law in the seventh 996
Member State. 997
1. On or after the effective date of the Compact, the 998
Compact Commission shall convene and review the enactment of 999
each of the first seven Member States ("Charter Member 1000
States") to determine if the statute enacted by each such 1001
Charter Member State is materially different than the model 1002
Compact statute. 1003
a. A Charter Member State whose enactment is found to 1004
be materially different from the model Compact statute shall 1005
be entitled to the default process set forth in Section 11. 1006
b. If any Member State is later found to be in 1007
default, or is terminated, or withdraws from the Compact, 1008
the Compact Commission shall remain in existence and the 1009
Compact shall remain in effect even if the number of Member 1010
States should be less than seven. 1011
2. Member States enacting the Compact subsequent to 1012
the seven initial Charter Member States shall be subject to 1013
the process set forth in Section 8(C)(21) to determine if 1014
their enactments are materially different from the model 1015
Compact statute and whether they qualify for participation 1016
in the Compact. 1017
3. All actions taken for the benefit of the Compact 1018
Commission or in furtherance of the purposes of the 1019
administration of the Compact prior to the effective date of 1020
the Compact or the Compact Commission coming into existence 1021
shall be considered to be actions of the Compact Commission 1022
unless specifically repudiated by the Compact Commission. 1023
4. Any State that joins the Compact subsequent to the 1024
Compact Commission's initial adoption of the Rules and 1025
bylaws shall be subject to the Rules and bylaws as they 1026
SB 1339 38
exist on the date on which the Compact becomes law in that 1027
State. Any Rule that has been previously adopted by the 1028
Compact Commission shall have the full force and effect of 1029
law on the day the Compact becomes law in that State. 1030
B. Any Member State may withdraw from this Compact by 1031
enacting a statute repealing the same. 1032
1. A Member State's withdrawal shall not take effect 1033
until 180 days after enactment of the repealing statute. 1034
2. Withdrawal shall not affect the continuing 1035
requirement of the withdrawing State's Licensing Authority 1036
to comply with the investigative and Adverse Action 1037
reporting requirements of this Compact prior to the 1038
effective date of withdrawal. 1039
3. Upon the enactment of a statute withdrawing from 1040
this Compact, a State shall immediately provide notice of 1041
such withdrawal to all Licensees within that State. 1042
Notwithstanding any subsequent statutory enactment to the 1043
contrary, such withdrawing State shall continue to recognize 1044
all Compact Privileges granted pursuant to this Compact for 1045
a minimum of 180 days after the date of such notice of 1046
withdrawal. 1047
C. Nothing contained in this Compact shall be 1048
construed to invalidate or prevent any licensure agreement 1049
or other cooperative arrangement between a Member State and 1050
a non-Member State that does not conflict with the 1051
provisions of this Compact. 1052
D. This Compact may be amended by the Member States. 1053
No amendment to this Compact shall become effective and 1054
binding upon any Member State until it is enacted into the 1055
laws of all Member States. 1056
SECTION 13. CONSTRUCTION AND SEVERABILITY 1057
SB 1339 39
A. This Compact and the Compact Commission's 1058
rulemaking authority shall be liberally construed so as to 1059
effectuate the purposes and the implementation and 1060
administration of the Compact. Provisions of the Compact 1061
expressly authorizing or requiring the promulgation of Rules 1062
shall not be construed to limit the Compact Commission's 1063
rulemaking authority solely for those purposes. 1064
B. The provisions of this Compact shall be severable 1065
and if any phrase, clause, sentence, or provision of this 1066
Compact is held by a court of competent jurisdiction to be 1067
contrary to the constitution of any Member State, a State 1068
seeking participation in the Compact, or of the United 1069
States, or the applicability thereof to any government, 1070
agency, person, or circumstance is held to be 1071
unconstitutional by a court of competent jurisdiction, the 1072
validity of the remainder of this Compact and the 1073
applicability thereof to any other government, agency, 1074
person, or circumstance shall not be affected thereby. 1075
C. Notwithstanding Section 13(B), the Compact 1076
Commission may deny a State's participation in the Compact 1077
or, in accordance with the requirements of Section 11(B), 1078
terminate a Member State's participation in the Compact, if 1079
it determines that a constitutional requirement of a Member 1080
State is a material departure from the Compact. Otherwise, 1081
if this Compact shall be held to be contrary to the 1082
constitution of any Member State, the Compact shall remain 1083
in full force and effect as to the remaining Member States 1084
and in full force and effect as to the Member State affected 1085
as to all severable matters. 1086
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER 1087
STATE LAWS 1088
SB 1339 40
A. Nothing herein shall prevent or inhibit the 1089
enforcement of any other law of a Member State that is not 1090
inconsistent with the Compact. 1091
B. Any laws, statutes, regulations, or other legal 1092
requirements in a Member State in conflict with the Compact 1093
are superseded to the extent of the conflict. 1094
C. All permissible agreements between the Compact 1095
Commission and the Member States are binding in accordance 1096
with their terms. 1097
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