Dietitian Licensure Compact

2025-2026 Bill 160: Dietitian Licensure Compact - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 160
STATUS INFORMATION
General Bill
Sponsors: Senator Verdin
Document Path: SR-0005JG25.docx
Introduced in the Senate on January 14, 2025
Introduced in the House on February 24, 2026
Last Amended on February 12, 2026

Currently residing in the House Committee on
Medical, Military, Public and Municipal Affairs
Summary: Dietitian Licensure Compact
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/14/2025

Senate

Introduced and read first time (
Senate Journal-page 102
)

1/14/2025

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 102
)

2/10/2026

Senate

Committee report: Favorable
Medical Affairs
(
Senate Journal-page 12
)

2/12/2026

Senate

Committee Amendment Adopted (
Senate Journal-page 13
)

2/18/2026

Senate

Read second time (
Senate Journal-page 20
)

2/18/2026

Senate

Roll call Ayes-43 Nays-1 (
Senate Journal-page 20
)

2/19/2026

Senate

Read third time and sent to House (
Senate Journal-page 8
)

2/24/2026

House

Introduced and read first time (
House Journal-page 60
)

2/24/2026

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 60
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/14/2025
02/10/2026
02/12/2026

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

February 12, 2026

S. 160

Introduced
by Senator Verdin

S. Printed 2/12/26--S.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "DIETITIAN LICENSURE COMPACT ACT"; BY ADDING ARTICLE 1 TO CHAPTER 21, TITLE
40, SO AS TO PROVIDE THE PURPOSES, FUNCTIONS, OPERATIONS, AND DEFINITIONS FOR
THE COMPACT; BY AMENDING SECTION
40-20-20
, RELATING TO DEFINITIONS IN THE
DIETETICS LICENSURE ACT, SO AS TO REVISE A DEFINITION; AND BY AMENDING SECTION
40-20-60
, RELATING TO APPLICATIONS FOR LICENSURE UNDER THE DIETETICS LICENSURE
ACT, SO AS TO REQUIRE CERTAIN CRIMINAL BACKGROUND CHECKS OF APPLICANTS.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Dietitian Licensure Compact Act".

S
ECTION 2.
C
hapter 21, Title 40 of the S.C. Code is amended by
adding:

A
rticle 1

D
ietician Licensure Compact

S
ection
40-21-110
.
T
he purpose of this compact is to
facilitate interstate practice of dietetics with the goal of improving public
access to dietetics services. This compact preserves the regulatory authority
of states to protect public health and safety through the current system of
state licensure, while also providing for licensure portability through a
compact privilege granted to qualifying professionals. This compact is designed
to achieve the following objectives:

(
1)
increase public access to dietetics services;

(
2)
provide opportunities for interstate practice by licensed dietitians who meet
uniform requirements;

(
3)
eliminate the necessity for licenses in multiple states;

(
4)
reduce administrative burden on member states and licensees;

(
5)
enhance the states' ability to protect the public's health and safety;

(
6)
encourage the cooperation of member states in regulating multistate practice of
licensed dietitians;

(
7)
support relocating active military members and their spouses;

(
8)
enhance the exchange of licensure, investigative, and disciplinary information
among member states; and

(
9)
vest all member states with the authority to hold a licensed dietitian
accountable for meeting all state practice laws in the state in which the
patient is located at the time care is rendered.

S
ection
40-21-120
.
A
s used in this compact, and except as
otherwise provided:

(
1)
"ACEND" means the Accreditation Council for Education in Nutrition and
Dietetics or its successor organization.

(
2)
"Active military member" means any individual with full-time duty status in the
active Armed Forces of the United States, including members of the National
Guard and Reserve.

(
3)
"Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's laws which is imposed by a licensing authority or other
authority against a licensee, including actions against an individual's license
or compact privilege such as revocation, suspension, probation, monitoring of
the licensee, limitation on the licensee's practice, or any other encumbrance
on licensure affecting a licensee's authorization to practice, including
issuance of a cease and desist action.

(
4)
"Alternative program" means a nondisciplinary monitoring or practice
remediation process approved by a licensing authority.

(
5)
"Charter member state" means any member state that enacted this compact by law
before the effective date specified in Section
40-21-220
.

(
6)
"Continuing education" means a requirement, as a condition of license renewal,
to provide evidence of participation in, and completion of, educational and
professional activities relevant to practice or area of work.

(
7)
"CDR" means the Commission on Dietetic Registration or its successor
organization.

(
8)
"Compact commission" means the government agency whose membership consists of
all states that have enacted this compact, which is known as the Dietitian
Licensure Compact Commission, as described in Section
40-21-180
, and which
shall operate as an instrumentality of the member states.

(
9)
"Compact privilege" means a legal authorization, which is equivalent to a
license, permitting the practice of dietetics in a remote state.

(
10)
"Current significant investigative information" means:

(
a)
investigative information that a licensing authority, after a preliminary
inquiry that includes notification and an opportunity for the subject licensee
to respond, if required by state law, has reason to believe is not groundless
and, if proved true, would indicate more than a minor infraction; or

(
b)
investigative information that indicates that the subject licensee represents
an immediate threat to public health and safety regardless of whether the
subject licensee has been notified and had an opportunity to respond.

(
11)
"Data system" means a repository of information about licensees including, but
not limited to, continuing education, examination, licensure, investigative,
compact privilege, and adverse action information.

(
12)
"Encumbered license" means a license in which an adverse action restricts a
licensee's ability to practice dietetics.

(
13)
"Encumbrance" means a revocation or suspension of, or any limitation on, a
licensee's full and unrestricted practice of dietetics by a licensing
authority.

(
14)
"Executive committee" means a group of delegates elected or appointed to act on
behalf of, and within the powers granted to them by, this compact and the
compact commission.

(
15)
"Home state" means the member state that is the licensee's primary state of
residence or that has been designated pursuant to Section
40-21-160
.

(
16)
"Investigative information" means information, records, and documents received
or generated by a licensing authority pursuant to an investigation.

(
17)
"Jurisprudence requirement" means an assessment of an individual's knowledge of
the state laws and regulations governing the practice of dietetics in such
state.

(
18)
"License" means an authorization from a member state to either:

(
a)
engage in the practice of dietetics (including medical nutrition therapy); or

(
b)
use the title "dietitian", "licensed dietitian", "licensed dietitian
nutritionist", "certified dietitian", or other title describing a substantially
similar practitioner as the compact commission may further define by rule.

(
19)
"Licensee" or "licensed dietitian" means an individual who currently holds a
license and who meets all of the requirements outlined in Section
40-21-140
.

(
20)
"Licensing authority" means the board or agency of a state, or equivalent, that
is responsible for the licensing and regulation of the practice of dietetics.

(
21)
"Member state" means a state that has enacted the compact.

(
22)
"Practice of dietetics" means the synthesis and application of dietetics as
defined by state law and regulations, primarily for the provision of nutrition
care services, including medical nutrition therapy, in person or via
telehealth, to prevent, manage, or treat diseases or medical conditions and
promote wellness.

(
23)
"Registered dietitian" means a person who:

(
a)
has completed applicable education, experience, examination, and
recertification requirements approved by the CDR;

(
b)
is credentialed by the CDR as a registered dietitian or a registered dietitian
nutritionist; and

(
c)
is legally authorized to use the title registered dietitian or registered
dietitian nutritionist and the corresponding abbreviations "RD" or "RDN".

(
24)
"Remote state" means a member state other than the home state, where a licensee
is exercising or seeking to exercise a compact privilege.

(
25)
"Rule" means a regulation promulgated by the compact commission that has the
force of law.

(
26)
"Single state license" means a license issued by a member state within the
issuing state and does not include a compact privilege in any other member
state.

(
27)
"State" means any state, commonwealth, district, or territory of the United
States of America.

(
28)
"Unencumbered license" means a license that authorizes a licensee to engage in
the full and unrestricted practice of dietetics.

S
ection
40-21-130
.
(
A) To participate in
the compact, a state must currently:

(
1)
license and regulate the practice of dietetics; and

(
2)
have a mechanism in place for receiving and investigating complaints about
licensees.

(
B) A
member state shall:

(
1)
participate fully in the compact commission's data system, including using the
unique identifier as defined in rules;

(
2)
notify the compact commission, in compliance with the terms of the compact and
rules, of any adverse action or the availability of current significant
investigative information regarding a licensee;

(
3)
implement or utilize procedures for considering the criminal history record
information of applicants for an initial compact privilege. These procedures
shall include the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an applicant's criminal
history record information from the Federal Bureau of Investigation and the
agency responsible for retaining that state's criminal records. A member state
must fully implement a criminal history record information requirement, within
a time frame established by rule, which includes receiving the results of the Federal
Bureau of Investigation record search and shall use those results in
determining compact privilege eligibility. Communication between a member state
and the compact commission or among member states regarding the verification of
eligibility for a compact privilege shall not include any information received
from the Federal Bureau of Investigation relating to a federal criminal history
record information check performed by a member state;

(
4)
comply with and enforce the rules of the compact commission;

(
5)
require an applicant for a compact privilege to obtain or retain a license in
the licensee's home state and meet the home state's qualifications for
licensure or renewal of licensure, as well as all other applicable state laws;
and

(
6)
recognize a compact privilege granted to a licensee who meets all of the
requirements outlined in Section
40-21-140
in accordance with the terms of the
compact and rules.

(
C)
Member states may set and collect a fee for granting a compact privilege.

(
D)
Individuals not residing in a member state shall continue to be able to apply
for a member state's single state license as provided under the laws of each
member state. However, the single state license granted to these individuals
shall not be recognized as granting a compact privilege to engage in the
practice of dietetics in any other member state.

(
E)
Nothing in this compact shall affect the requirements established by a member
state for the issuance of a single state license.

(
F)
At no point shall the compact commission have the power to define the
requirements for the issuance of a single state license to practice dietetics.
The member states shall retain sole jurisdiction over the provision of these
requirements.

S
ection
40-21-140
.
(
A) To exercise the
compact privilege under the terms and provisions of the compact, the licensee
shall:

(
1)
hold a valid current registration that gives the applicant the right to use the
term registered dietitian or;

(
2)
complete:

(
a)
an education program which is either:

(
i)
a master's degree or doctoral degree that is programmatically accredited by
ACEND or a dietetics accrediting agency recognized by the United States
Department of Education, which the compact commission may by rule determine,
and from a college or university accredited at the time of graduation by the
appropriate regional accrediting agency recognized by the council on higher
education accreditation and the United States Department of Education; or

(
ii) an academic degree from a
college or university in a foreign country equivalent to the degree described
in subitem (A) that is programmatically accredited by ACEND or a dietetics
accrediting agency recognized by the United States Department of Education,
which the compact commission may by rule determine;

(
iii) a planned, documented,
supervised practice experience in dietetics that is programmatically accredited
by ACEND, or a dietetics accrediting agency recognized by the United States
Department of Education which the compact commission may by rule determine and
which involves at least one thousand hours of practice experience under the
supervision of a registered dietitian or a licensed dietitian; or

(
iv) successful completion of either
the registration examination for dietitians administered by CDR, or a national
credentialing examination for dietitians approved by the compact commission by
rule, such completion being no more than five years prior to the date of the
licensee's application for initial licensure and accompanied by a period of
continuous licensure thereafter, all of which may be further governed by the
rules of the compact commission;

(
3)
hold an unencumbered license in the home state;

(
4)
notify the compact commission that the licensee is seeking a compact privilege
within a remote state;

(
5)
pay any applicable fees, including any state fee, for the compact privilege;

(
6)
meet any jurisprudence requirements established by the remote state in which
the licensee is seeking a compact privilege; and

(
7)
report to the compact commission any adverse action, encumbrance, or
restriction on a license taken by any nonmember state within thirty days from
the date the action is taken.

(
B)
The compact privilege is valid until the expiration date of the home state
license. To maintain a compact privilege, renewal of the compact privilege
shall be congruent with the renewal of the home state license as the compact
commission may define by rule. The licensee must comply with the requirements
of Section
40-21-140
(A) to maintain the compact privilege in the remote state.

(
C) A
licensee exercising a compact privilege shall adhere to the laws and
regulations of the remote state. Licensees shall be responsible for educating
themselves on, and complying with, any and all state laws relating to the
practice of dietetics in such remote state.

(
D)
Notwithstanding anything to the contrary provided in this compact or state law,
a licensee exercising a compact privilege shall not be required to complete
continuing education requirements required by a remote state. A licensee
exercising a compact privilege is only required to meet any continuing
education requirements as required by the home state.

S
ection
40-21-150
.
(
A) A licensee may hold
a home state license, which allows for a compact privilege in other member
states, in only one member state at a time.

(
B)
If a licensee changes his home state by moving between two member states, then:

(
1)
the licensee shall file an application for obtaining a new home state license
based on a compact privilege, pay all applicable fees, and notify the current
and new home state in accordance with the rules of the compact commission;

(
2)
upon receipt of an application for obtaining a new home state license by virtue
of a compact privilege, the new home state shall verify that the licensee meets
the criteria in Section
40-21-140
via the data system, and require that the
licensee complete:

(
a)
a Federal Bureau of Investigation fingerprint-based criminal history record
information check;

(
b)
any other criminal history record information required by the new home state;
and

(
c)
any jurisprudence requirements of the new home state;

(
3)
the former home state shall convert the former home state license into a
compact privilege once the new home state has activated the new home state
license in accordance with applicable rules adopted by the compact commission;
and

(
4)
the licensee shall pay all applicable fees to the new home state in order to be
issued a new home state license.

(
C) Notwithstanding
any other provision of this compact, if the licensee cannot meet the criteria
in Section
40-21-140
, the new home state may apply its requirements for issuing
a new single-state license.

(
D)
If a licensee changes their state of residence by moving from a member state to
a nonmember state, or from a nonmember state to a member state, then the state
criteria shall apply for issuance of a single-state license in the new state.

(
E)
Nothing in this compact shall interfere with a licensee's ability to hold a
single-state license in multiple states; however, for the purposes of this
compact, a licensee shall have only one home-state license.

(
F)
Nothing in this compact shall affect the requirements established by a member
state for the issuance of a single state license.

S
ection
40-21-160
. An active military member or their spouse shall designate a home
state where the individual has a current license in good standing. The
individual may retain the home state designation during the period the service
member is on active duty.

S
ection
40-21-170
.
(
A) In addition to the
other powers conferred by state law, a remote state shall have the authority,
in accordance with existing state due process law, to:

(
1)
take adverse action against a licensee's compact privilege within that member
state; and

(
2)
issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a licensing authority in a member state for the attendance
and testimony of witnesses or the production of evidence from another member
state shall be enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure applicable to subpoenas
issued in proceedings pending before that court. The issuing authority shall
pay any witness fees, travel expenses, mileage, and other fees required by the
service statutes of the state in which the witnesses or evidence are located.

(
B)
Only the home state shall have the power to take adverse action against a
licensee's home-state license.

(
C)
For purposes of taking adverse action, the home state shall give the same
priority and effect to reported conduct received from a member state as it
would if the conduct had occurred within the home state. In so doing, the home
state shall apply its own state laws to determine appropriate action.

(
D)
The home state shall complete any pending investigations of a licensee who
changes home states during the investigations. The home state shall also have
authority to take appropriate action and shall promptly report the conclusions
of the investigations to the administrator of the data system. The
administrator of the data system shall promptly notify the new home state of
any adverse actions.

(
E) A
member state, if otherwise permitted by state law, may recover from the
affected licensee the costs of investigations and dispositions of cases
resulting from any adverse action taken against that licensee.

(
F) A
member state may take adverse action based on the factual findings of another
remote state; provided, that the member state follows its own procedures for
taking the adverse action.

(
G)
(
1) In addition to the authority
granted to a member state by its respective state law, any member state may
participate with other member states in joint investigations of licensees.

(
2)
Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint investigation initiated under the
compact.

(
H)
If adverse action is taken by the home state against a licensee's home-state
license resulting in an encumbrance on the home-state license, then the
licensee's compact privilege in all other member states shall be revoked until
all encumbrances have been removed from the home-state license. All home-state
disciplinary orders that impose adverse action against a licensee shall include
a statement that the licensee's compact privileges are revoked in all member
states during the pendency of the order.

(
I)
Once an encumbered license in the home state is restored to an unencumbered
license, as certified by the home state's licensing authority, the licensee
must meet the requirements of Section
40-21-140
(A) and follow the
administrative requirements to reapply to obtain a compact privilege in any
remote state.

(
J)
If a member state takes adverse action, then it shall promptly notify the
administrator of the data system. The administrator of the data system shall
promptly notify the other member states of any adverse actions.

(
K)
Nothing in this compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action.

S
ection
40-21-180
.
(
A) The compact member
states hereby create and establish a joint government agency whose membership
consists of all member states that have enacted the compact known as the
Dietitian Licensure Compact Commission. The compact commission is an
instrumentality of the compact states acting jointly and not an instrumentality
of any one state. The compact commission shall come into existence on or after
the effective date of the compact as set forth in Section
40-21-220
.

(
B)
(
1) Each member state shall have and
be limited to one delegate selected by that member state's licensing authority.

(
2)
The delegate shall be the primary administrator of the licensing authority or
their designee.

(
3)
The compact commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.

(
4)
The compact commission may recommend removal or suspension of any delegate from
office.

(
5)
A member state's licensing authority shall fill any vacancy of its delegate
occurring on the compact commission within sixty days of the vacancy.

(
6)
Each delegate shall be entitled to one vote on all matters before the compact
commission requiring a vote by the delegates.

(
7)
Delegates shall meet and vote by such means as set forth in the bylaws. The
bylaws may provide for delegates to meet and vote in person or by
telecommunication, video conference, or other means of communication.

(
8)
The compact commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The compact
commission may meet in person or by telecommunication, video conference, or
other means of communication.

(
C)
The compact commission shall have the power to:

(
1)
establish the fiscal year of the compact commission;

(
2)
establish code of conduct and conflict of interest policies;

(
3)
establish and amend rules and bylaws;

(
4)
maintain its financial records in accordance with the bylaws;

(
5)
meet and take such actions as are consistent with the provisions of this
compact, the compact commission's rules, and the bylaws;

(
6)
initiate and conclude legal proceedings or actions in the name of the compact
commission; provided, that the standing of any licensing authority to sue or be
sued under applicable law shall not be affected;

(
7)
maintain and certify records and information provided to a member state as the
authenticated business records of the compact commission, and designate an
agent to do so on the compact commission's behalf;

(
8)
purchase and maintain insurance and bonds;

(
9)
borrow, accept, or contract for services of personnel including, but not
limited to, employees of a member state;

(
10)
conduct an annual financial review;

(
11)
hire employees, elect, or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
compact, and establish the compact commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;

(
12)
assess and collect fees;

(
13)
accept any and all appropriate donations, grants of money, other sources of
revenue, equipment, supplies, materials, services, and gifts, and receive,
utilize, and dispose of the same; provided, that at all times the compact
commission shall avoid any actual or appearance of impropriety or conflict of
interest;

(
14)
lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;

(
15)
sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property real, personal, or mixed;

(
16)
establish a budget and make expenditures;

(
17)
borrow money;

(
18)
appoint committees, including standing committees, composed of members, state
regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
compact or the bylaws;

(
19)
provide and receive information from, and cooperate with, law enforcement
agencies;

(
20)
establish and elect an executive committee, including a chair and a vice chair;

(
21)
determine whether a state's adopted language is materially different from the
model compact language such that the state would not qualify for participation
in the compact; and

(
22)
perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.

(
D)
(
1) The executive committee shall have
the power to act on behalf of the compact commission according to the terms of
this compact. The powers, duties, and responsibilities of the executive
committee shall include:

(
a)
overseeing the day-to-day activities of the administration of the compact
including the enforcement and compliance with the provisions of the compact,
its rules and bylaws, and other such duties as deemed necessary;

(
b)
recommending to the compact commission changes to the rules or bylaws, changes
to this compact legislation, fees charged to compact member states, fees
charged to licensees, and other fees;

(
c)
ensuring compact administration services are appropriately provided, including
by contract;

(
d)
preparing and recommend the budget;

(
e)
maintaining financial records on behalf of the compact commission;

(
f)
monitoring compact compliance of member states and provide compliance reports
to the compact commission;

(
g)
establishing additional committees as necessary;

(
h)
exercising the powers and duties of the compact commission during the interim
between compact commission meetings, except for adopting or amending rules,
adopting or amending bylaws, and exercising any other powers and duties
expressly reserved to the compact commission by rule or bylaw; and

(
i)
performing other duties as provided in the rules or bylaws of the compact
commission.

(
2)
The executive committee shall be composed of nine members:

(
a)
the chair and vice chair of the compact commission, who shall be voting members
of the executive committee;

(
b)
five voting members from the current membership of the compact commission,
elected by the compact commission;

(
c)
one ex officio, nonvoting member from a recognized professional association
representing dietitians; and

(
d)
one ex officio, nonvoting member from a recognized national credentialing
organization for dietitians.

(
3)
The compact commission may remove any member of the executive committee as
provided in the compact commission's bylaws.

(
4)
The executive committee shall meet at least annually.

(
a)
Executive committee meetings shall be open to the public, except that the
executive committee may meet in a closed, non public meeting as provided in
subsection (F)(2).

(
b)
The executive committee shall give thirty days' notice of its meetings, posted
on the website of the compact commission, and as determined to provide notice
to persons with an interest in the business of the compact commission.

(
c)
The executive committee may hold a special meeting in accordance with
subsection (F)(1)(b).

(
E)
The compact commission shall adopt and provide to the member states an annual
report.

(
F)
(
1) All meetings shall be open to the
public, except that the compact commission may meet in a closed, nonpublic
meeting as provided in item (2).

(
a)
Public notice for all meetings of the full compact commission shall be given in
the same manner as required under the rulemaking provisions in Section
40-21-200
, except that the compact commission may hold a special meeting as
provided in item (1)(b).

(
b)
The compact commission may hold a special meeting when it must meet to conduct
emergency business by giving twenty-four hours' notice to all member states, on
the compact commission's website, and other means as provided in the compact
commission's rules. The compact commission's legal counsel shall certify that
the compact commission's need to meet qualifies as an emergency.

(
2)
The compact commission or the executive committee or other committees of the
compact commission may convene in a closed, nonpublic meeting for the compact
commission or executive committee or other committees of the compact commission
to receive legal advice or to discuss:

(
a)
noncompliance of a member state with its obligations under the compact;

(
b)
the employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees;

(
c)
current or threatened discipline of a licensee by the compact commission or by
a member state's licensing authority;

(
d)
current, threatened, or reasonably anticipated litigation;

(
e)
negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate;

(
f)
accusing any person of a crime or formally censuring any person;

(
g)
trade secrets or commercial or financial information that is privileged or
confidential;

(
h)
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

(
i)
investigative records compiled for law enforcement purposes;

(
j)
information related to any investigative reports prepared by or on behalf of or
for use of the compact commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant
to the compact;

(
k)
matters specifically exempted from disclosure by federal or member-state law;
or

(
l)
other matters as specified in the rules of the compact commission.

(
3)
If a meeting, or portion of a meeting, is closed, then the presiding officer
shall state that the meeting will be closed and reference each relevant
exempting provision, and such reference shall be recorded in the minutes.

(
4)
The compact commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release only by a majority vote of the compact
commission or order of a court of competent jurisdiction.

(
G)
(
1) The compact commission shall pay,
or provide for the payment of, the reasonable expenses of its establishment,
organization, and ongoing activities.

(
2)
The compact commission may accept any and all appropriate revenue sources as
provided in subsection (C)(13).

(
3)
The compact commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom it grants a
compact privilege to cover the cost of the operations and activities of the
compact commission and its staff, which must, in a total amount, be sufficient
to cover its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount for member
states shall be allocated based upon a formula that the compact commission
shall promulgate by rule.

(
4)
The compact commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the compact commission
pledge the credit of any of the member states, except by and with the authority
of the member state.

(
5)
The compact commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the compact commission shall
be subject to the financial review and accounting procedures established under
its bylaws. However, all receipts and disbursements of funds handled by the
compact commission shall be subject to an annual financial review by a
certified or licensed public accountant, and the report of the financial review
shall be included in and become part of the annual report of the compact
commission.

(
H)
(
1) The members, officers, executive
director, employees and representatives of the compact commission shall be
immune from suit and liability, both personally and in their official capacity,
for any claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged act, error,
or omission that occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of compact
commission employment, duties, or responsibilities; provided, that nothing in
this item shall be construed to protect any such person from suit or liability
for any damage, loss, injury, or liability caused by the intentional or wilful
or wanton misconduct of that person. The procurement of insurance of any type
by the compact commission shall not in any way compromise or limit the immunity
granted hereunder.

(
2)
The compact commission shall defend any member, officer, executive director,
employee, and representative of the compact commission in any civil action
seeking to impose liability arising out of any actual or alleged act, error, or
omission that occurred within the scope of compact commission employment,
duties, or responsibilities, or as determined by the compact commission that
the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of compact commission employment, duties, or
responsibilities; provided, that nothing herein shall be construed to prohibit
that person from retaining their own counsel at their own expense; and provided
further, that the actual or alleged act, error, or omission did not result from
that person's intentional or wilful or wanton misconduct.

(
3)
The compact commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the compact commission for
the amount of any settlement or judgment obtained against that person arising
out of any actual or alleged act, error, or omission that occurred within the
scope of compact commission employment, duties, or responsibilities, or that
such person had a reasonable basis for believing occurred within the scope of
compact commission employment, duties, or responsibilities; provided, that the
actual or alleged act, error, or omission did not result from the intentional
or wilful or wanton misconduct of that person.

(
4)
Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed
solely by any other applicable state laws.

(
5)
Nothing in this compact shall be interpreted to waive or otherwise abrogate a
member state's state-action immunity or state action affirmative defense with
respect to antitrust claims under the Sherman Act, Clayton Act, or any other
state or federal antitrust or anticompetitive law or regulation.

(
6)
Nothing in this compact shall be construed to be a waiver of sovereign immunity
by the member states or by the compact commission.

S
ection
40-21-190
.
(
A) The compact
commission shall provide for the development, maintenance, operation, and
utilization of a coordinated data system.

(
B)
The compact commission shall assign each applicant for a compact privilege a
unique identifier, as determined by the rules.

(
C)
Notwithstanding any other provision of state law to the contrary, a member
state shall submit a uniform data set to the data system on all individuals to
whom this compact is applicable as required by the rules of the compact
commission, including:

(
1)
identifying information;

(
2)
licensure data;

(
3)
adverse actions against a license or compact privilege and information related
thereto;

(
4)
nonconfidential information related to alternative program participation, the
beginning and ending dates of such participation, and other information related
to such participation not made confidential under member state law;

(
5)
any denial of application for licensure, and the reason for such denial;

(
6)
the presence of current significant investigative information; and

(
7)
other information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the compact commission.

(
D)
The records and information provided to a member state pursuant to this compact
or through the data system, when certified by the compact commission or an
agent thereof, shall constitute the authenticated business records of the
compact commission, and shall be entitled to any associated hearsay exception
in any relevant judicial, quasi-judicial, or administrative proceedings in a
member state.

(
E)
Current significant investigative information pertaining to a licensee in any
member state will only be available to other member states.

(
F)
It is the responsibility of the member states to report any adverse action
against a licensee and to monitor the data system to determine whether any
adverse action has been taken against a licensee. Adverse action information
pertaining to a licensee in any member state will be available to any other
member state.

(
G)
Member states contributing information to the data system may designate
information that may not be shared with the public without the express
permission of the contributing state.

(
H)
Any information submitted to the data system that is subsequently expunged
pursuant to federal law or the laws of the member state contributing the
information shall be removed from the data system.

S
ection
40-21-200
.
(
A) The compact
commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the
compact. A rule shall be invalid and have no force or effect only if a court of
competent jurisdiction holds that the rule is invalid because the compact
commission exercised its rulemaking authority in a manner that is beyond the
scope and purposes of the compact, or the powers granted hereunder, or based
upon another applicable standard of review.

(
B)
The rules of the compact commission shall have the force of law in each member
state; provided, however, that where the rules conflict with the laws or
regulations of a member state that relate to the procedures, actions, and
processes, a licensed dietitian is permitted to undertake in that state and the
circumstances under which they may do so, as held by a court of competent
jurisdiction, the rules of the compact commission shall be ineffective in that
state to the extent of the conflict.

(
C)
The compact commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this section and the rules adopted thereunder. Rules
shall become binding on the day following adoption or as of the date specified
in the rule or amendment, whichever is later.

(
D)
If a majority of the legislatures of the member states rejects a rule or
portion of a rule, by enactment of a statute or resolution in the same manner
used to adopt the compact within four years of the date of adoption of the
rule, then such rule shall have no further force and effect in any member
state.

(
E)
Rules shall be adopted at a regular or special meeting of the compact
commission.

(
F)
Prior to adoption of a proposed rule, the compact commission shall hold a
public hearing and allow persons to provide oral and written comments, data,
facts, opinions, and arguments.

(
G)
Prior to adoption of a proposed rule by the compact commission, and at least
thirty days in advance of the meeting at which the compact commission will hold
a public hearing on the proposed rule, the compact commission shall provide a
notice of proposed rulemaking:

(
1)
on the website of the compact commission or other publicly accessible platform;

(
2)
to persons who have requested notice of the compact commission's notices of
proposed rulemaking; and

(
3)
in such other way as the compact commission may by rule specify.

(
H)
The notice of proposed rulemaking shall include:

(
1)
the time, date, and location of the public hearing at which the compact
commission will hear public comments on the proposed rule and, if different,
the time, date, and location of the meeting where the compact commission will
consider and vote on the proposed rule;

(
2)
if the hearing is held via telecommunication, video conference, or other means
of communication, then the compact commission shall include the mechanism for
access to the hearing in the notice of proposed rulemaking;

(
3)
the text of the proposed rule and the reason therefore;

(
4)
a request for comments on the proposed rule from any interested person; and

(
5)
the manner in which interested persons may submit written comments.

(
I)
All hearings will be recorded. A copy of the recording and all written comments
and documents received by the compact commission in response to the proposed
rule shall be available to the public.

(
J)
Nothing in this section shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the compact commission
at hearings required by this section.

(
K)
The compact commission shall, by majority vote of all members, take final
action on the proposed rule based on the rulemaking record and the full text of
the rule.

(
1)
The compact commission may adopt changes to the proposed rule provided the
changes do not enlarge the original purpose of the proposed rule.

(
2)
The compact commission shall provide an explanation of the reasons for
substantive changes made to the proposed rule as well as reasons for
substantive changes not made that were recommended by commenters.

(
3)
The compact commission shall determine a reasonable effective date for the
rule. Except for an emergency as provided in Section
40-21-200
(L), the
effective date of the rule shall be no sooner than thirty days after issuing
the notice that it adopted or amended the rule.

(
L)
Upon determination that an emergency exists, the compact commission may
consider and adopt an emergency rule with twenty-four hours' notice, with
opportunity to comment; provided, that the usual rulemaking procedures provided
in the compact and in this section shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than ninety days after the
effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:

(
1)
meet an imminent threat to public health, safety, or welfare;

(
2)
prevent a loss of compact commission or member state funds;

(
3)
meet a deadline for the promulgation of a rule that is established by federal
law or rule; or

(
4)
protect public health and safety.

(
M)
The compact commission or an authorized committee of the compact commission may
direct revision to a previously adopted rule for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical
errors. Public notice of any revision shall be posted on the website of the
compact commission. The revision shall be subject to challenge by any person
for a period of thirty days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule. A
challenge shall be made in writing and delivered to the compact commission
prior to the end of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is challenged, then the
revision may not take effect without the approval of the compact commission.

(
N)
No member state's rulemaking requirements shall apply under this compact.

S
ection
40-21-210
.
(
A)
(
1) The executive and judicial
branches of state government in each member state shall enforce this compact
and take all actions necessary and appropriate to implement this compact.

(
2)
Except as otherwise provided in this compact, venue is proper and judicial
proceedings by or against the compact commission shall be brought solely and
exclusively in a court of competent jurisdiction where the principal office of
the compact commission is located. The compact commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. Nothing herein shall affect or
limit the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter.

(
3)
The compact commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to
provide the compact commission service of process shall render a judgment or
order void as to the compact commission, this compact, or promulgated rules.

(
B)
(
1) If the compact commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact or the promulgated rules,
then the compact commission shall provide written notice to the defaulting state.
The notice of default shall describe the default, the proposed means of curing
the default, and any other action that the compact commission may take and
shall offer training and specific technical assistance regarding the default.

(
2)
The compact commission shall provide a copy of the notice of default to the
other member states.

(
C)
If a state in default fails to cure the default, then the defaulting state may
be terminated from the compact upon an affirmative vote of a majority of the
delegates of the member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on the effective date
of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.

(
D)
Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be given by the compact commission to the governor, the
majority and minority leaders of the defaulting state's legislature, the
defaulting state's licensing authority, and each of the member states'
licensing authority.

(
E) A
state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination.

(
F)
Upon the termination of a state's membership from this compact, that state
shall immediately provide notice to all licensees within that state of such
termination. The terminated state shall continue to recognize all compact
privileges granted pursuant to this compact for a minimum of six months after
the date of said notice of termination.

(
G)
The compact commission shall not bear any costs related to a state that is
found to be in default or that has been terminated from the compact, unless
agreed upon in writing between the compact commission and the defaulting state.

(
H)
The defaulting state may appeal the action of the compact commission by
petitioning the U.S. District Court for the District of Columbia or the federal
district where the compact commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, including reasonable
attorney's fees.

(
I)
(
1) Upon request by a member state,
the compact commission shall attempt to resolve disputes related to the compact
that arise among member states and between member and nonmember states.

(
2)
The compact commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

(
J)
(
1) By supermajority vote, the compact
commission may initiate legal action against a member state in default in the U.S.
District Court for the District of Columbia or the federal district where the
compact commission has its principal offices to enforce compliance with the
provisions of the compact and its promulgated rules. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees. The remedies herein shall not
be the exclusive remedies of the compact commission. The compact commission may
pursue any other remedies available under federal or the defaulting member
state's law.

(
2)
A member state may initiate legal action against the compact commission in the
U.S. District Court for the District of Columbia or the federal district where
the compact commission has its principal offices to enforce compliance with the
provisions of the compact and its promulgated rules. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorney's fees.

(
3)
No party other than a member state shall enforce this compact against the
compact commission.

S
ection
40-21-220
.
(
A) The compact shall
come into effect on the date on which the compact statute is enacted into law
in the seventh member state.

(
1)
On or after the effective date of the compact, the compact commission shall
convene and review the enactment of each of the first seven member states
(charter member states) to determine if the statute enacted by each such
charter member state is materially different than the model compact statute.

(
a)
A charter member state whose enactment is found to be materially different from
the model compact statute shall be entitled to the default process set forth in
Section
40-21-210
.

(
b)
If any member state is later found to be in default, or is terminated, or
withdraws from the compact, then the compact commission shall remain in
existence and the compact shall remain in effect even if the number of member
states should be less than seven.

(
2)
Member states enacting the compact subsequent to the seven initial charter
member states shall be subject to the process set forth in Section
40-21-180
(C)(21) to determine if their enactments are materially different from
the model compact statute and whether they qualify for participation in the
compact.

(
3)
All actions taken for the benefit of the compact commission or in furtherance
of the purposes of the administration of the compact prior to the effective
date of the compact or the compact commission coming into existence shall be
considered to be actions of the compact commission unless specifically
repudiated by the compact commission.

(
4)
Any state that joins the compact subsequent to the compact commission's initial
adoption of the rules and bylaws shall be subject to the rules and bylaws as
they exist on the date on which the compact becomes law in that state. Any rule
that has been previously adopted by the compact commission shall have the full
force and effect of law on the day the compact becomes law in that state.

(
B)
Any member state may withdraw from this compact by enacting a statute repealing
the same.

(
1)
A member state's withdrawal shall not take effect until one hundred eighty days
after enactment of the repealing statute.

(
2)
Withdrawal shall not affect the continuing requirement of the withdrawing
state's licensing authority to comply with the investigative and adverse action
reporting requirements of this compact prior to the effective date of
withdrawal.

(
3)
Upon the enactment of a statute withdrawing from this compact, a state shall
immediately provide notice of such withdrawal to all licensees within that
state. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all compact privileges granted
pursuant to this compact for a minimum of one hundred eighty days after the
date of such notice of withdrawal.

(
C)
Nothing contained in this compact shall be construed to invalidate or prevent
any licensure agreement or other cooperative arrangement between a member state
and a nonmember state that does not conflict with the provisions of this
compact.

(
D)
This compact may be amended by the member states. No amendment to this compact
shall become effective and binding upon any member state until it is enacted
into the laws of all member states.

S
ection
40-21-230
.
(
A) This compact and the
compact commission's rulemaking authority shall be liberally construed so as to
effectuate the purposes and the implementation and administration of the
compact. Provisions of the compact expressly authorizing or requiring the promulgation
of rules shall not be construed to limit the compact commission's rulemaking
authority solely for those purposes.

(
B)
The provisions of this compact shall be severable if any phrase, clause,
sentence, or provision is held by a court of competent jurisdiction to be
contrary to the constitution of any member state, a state seeking participation
in the compact, or of the United States, or the applicability thereof to any
government, agency, person, or circumstance is held to be unconstitutional by a
court of competent jurisdiction, the validity of the remainder of this compact
and the applicability thereof to any other government, agency, person, or
circumstances shall not be affected.

(
C)
Notwithstanding the provisions contained in subsection (B), the compact
commission may deny a state's participation in the compact or, in accordance
with the requirements of Section
40-21-210
(B), terminate a member state's
participation in the compact, if it determines that a constitutional
requirement of a member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of
any member state, the compact shall remain in full force and effect as to the
remaining member states and in full force and effect as to the member state
affected as to all severable matters.

S
ection
40-21-240
.
(
A) Nothing herein shall
prevent or inhibit the enforcement of any other law of a member state that is
not inconsistent with the compact.

(
B)
Any laws, statutes, regulations, or other legal requirements in a member state
in conflict with the compact are superseded to the extent of the conflict.

(
C)
All permissible agreements between the compact commission and the member states
are binding in accordance with their terms.

S
ECTION 3.
S
ection
40-20-20
(1) of the S.C. Code is amended to
read:

(
1) "Dietetics" means the integration
and application of dietary principles derived from the science of nutrition,
biochemistry, physiology, food, and management and from behavioral and social
sciences to achieve and maintain a healthy status
and
includes medical nutrition therapy
. The primary function of dietetic
practice is the provision of dietary nutrition care services.

S
ECTION 4.
S
ection
40-20-60
of the S.C. Code is amended to read:

S
ection
40-20-60
.
(
A)
An applicant for licensure as a dietitian shall file
an application provided by the department and demonstrate by acceptable
evidence that he or she:

(
1)
has successfully completed the requirements for current registration as a
registered dietitian by the Commission on Dietetic Registration; or

(
2)
has passed an examination as prescribed by the department and has received a
baccalaureate degree or a master's degree in human nutrition, nutrition
education, foods and nutrition, public health nutrition, or an equivalent major
course of study from a regionally accredited college or university as approved
by the department.

(
B) In addition to other requirements
established by law, a person applying to be licensed as a dietitian, as defined
in Section
40-20-20
(2), or for participation in the Dietician Licensure
Compact, must undergo a state criminal records check, supported by
fingerprints, by the South Carolina Law Enforcement Division (SLED), and a
national criminal records check, supported by fingerprints, by the Federal
Bureau of Investigation (FBI). The results of these criminal records checks
must be reported to the department. SLED and the FBI are authorized to retain
the fingerprints for identification and certification purposes and for
notification of the department regarding criminal charges. Costs of conducting
a criminal history background check must be borne by the applicant. The
department shall keep information received pursuant to this section
confidential, except that information relied upon in denying licensure may be
disclosed to the board as may be necessary to support the administrative
action.

S
ECTION 5. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 6. This act takes effect upon approval
by the Governor.

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This web page was last updated on February 12, 2026 at 1:15 PM