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A BILL to amend the Code of Virginia by adding in Chapter 27.1 of Title 54.1 an article numbered 2, consisting of sections numbered
54.1-2732
through
54.1-2745
, relating to Dietitian Licensure Compact.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 27.1 of Title 54.1 an article numbered 2, consisting of sections numbered
54.1-2732
through
54.1-2745
, as follows:
Article
2
.
INTERSTATE
DIETI
T
IAN LICENSURE
COMPACT
.
§
54.1-2732
.
Purpose.
The General Assembly hereby enacts, and the Commonwealth of Virginia hereby enters into, the Dieti
t
ian Licensure
Compact
with any and all states legally joining therein according to its terms, in the form substantially as follows:
DIETI
T
IAN
LICENSURE
COMPACT
.
The purpose of this
Compact
is to facilitate interstate
p
ractice of
d
ietetics with the goal of improving public access to dietetics services. This
Compact
preserves the regulatory authority of
s
tates to protect public health and safety through the current system of
s
tate licensure, while also providing for licensure portability through a
Compact
p
rivilege 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
l
icensed
d
ietitians who meet uniform requirements;
3. Eliminate the necessity for
l
icenses in multiple
s
tates;
4. Reduce administrative burden on
m
ember
s
tates and
l
icensees;
5. Enhance the
s
tates
'
ability to protect the public
'
s health and safety;
6. Encourage the cooperation of
m
ember
s
tates in regulating multistate practice of
l
icensed
d
ietitians;
7. Support relocating
a
ctive
m
ilitary
m
embers and their spouses;
8. Enhance the exchange of licensure, investigative, and disciplinary information among
m
ember
s
tates; and
9. Vest all
m
ember
s
tates with the authority to hold a
l
icensed
d
ietitian accountable for meeting all
s
tate practice laws in the
s
tate in which the patient is located at the time care is rendered.
§
54.1-2733
. Definitions.
As used in this
Compact
,
unless the context requires otherwise
, the following definitions shall apply:
"
ACEND
"
means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization.
"
Active
m
ilitary
m
ember
"
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.
"
Adverse
a
ction
"
means any administrative, civil, equitable
,
or criminal action permitted by a
s
tate
'
s laws which is imposed by a
l
icensing
a
uthority or other authority against a
l
icensee, including actions against an individual
'
s
l
icense or
Compact
p
rivilege such as
revocation, suspension, probation, monitoring of the
l
icensee, limitation on the
l
icensee
'
s practice, or any other
e
ncumbrance on licensure affecting a
l
icensee
'
s authorization to practice, including issuance of a cease and desist action.
"
Alternative
p
rogram
"
means a non-disciplinary monitoring or practice remediation process approved by a
l
icensing
a
uthority.
"
Charter
m
ember
s
tate
"
means any
m
ember
s
tate which enacted this
Compact
by law before the
e
ffective
d
ate specified in
§
54.1-274
3
.
"
Continuing
e
ducation
"
means a requirement, as a condition of
l
icense renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
"
CDR
"
means the Commission on Dietetic Registration or its successor organization.
"
Compact
C
ommission
"
means the government agency whose membership consists of all
s
tates that have enacted this
Compact
, which is known as the Dietitian Licensure
Compact
Commission, as described in
§
54.1-2739
, and which shall operate as an instrumentality of the
m
ember
s
tates.
"
Compact
p
rivilege
"
means a legal authorization, which is equivalent to a
l
icense, permitting the
p
ractice of
d
ietetics in a
r
emote
s
tate.
"
Current
s
ignificant
i
nvestigative
i
nformation
"
means:
1. Investigative
i
nformation that a
l
icensing
a
uthority, after a preliminary inquiry that includes notification and an opportunity for the subject
l
icensee to respond, if required by
s
tate law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative
i
nformation that indicates that the subject
l
icensee represents an immediate threat to public health and safety regardless of whether the subject
l
icensee has been notified and had an opportunity to respond.
"
Data
s
ystem
"
means a repository of information about
l
icensees, including
c
ontinuing
e
ducation, examination, licensure, investigative,
Compact
p
rivilege
,
and
a
dverse
a
ction information.
"
Encumbered
l
icense
"
means a
l
icense in which an
a
dverse
a
ction restricts a
l
icensee
'
s ability to practice dietetics.
"
Encumbrance
"
means a revocation or suspension of, or any limitation on a
l
icensee
'
s full and unrestricted
p
ractice of
d
ietetics by a
l
icensing
a
uthority.
"
Executive
c
ommittee
"
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
c
ommission.
"
Home
s
tate
"
means the
m
ember
s
tate that is the
l
icensee
'
s primary
s
tate of residence or that has been designated pursuant to
§
54.1-273
6
.
"
I
nvestigative
i
nformation
"
means information, records, and documents received or generated by a
l
icensing
a
uthority pursuant to an investigation.
"
Jurisprudence
r
equirement
"
means an assessment of an individual
'
s knowledge of the
s
tate laws and regulations governing the
p
ractice of
d
ietetics in such
s
tate.
"
License
"
means an authorization from a
m
ember
s
tate to either:
1. Engage in the
p
ractice of
d
ietetics
,
including medical nutrition therapy; or
2. Use the title "dietitian,
"
"
licensed dietitian,
"
"
licensed dietitian nutritionist,
"
"
certified dietitian,
"
or other title describing a substantially similar practitioner as the
Compact
Commission may further define by
r
ule.
"
Licensee
"
or
"l
icensed
d
ietitian
"
means an individual who currently holds a
l
icense and who meets all of the requirements outlined in
§
54.1-2735
.
"
Licensing
a
uthority
"
means the board or agency of a
s
tate, or equivalent,
that is responsible for the licensing and regulation of the
p
ractice of
d
ietetics.
"
Member
s
tate
"
means a
s
tate that has enacted the
Compact
.
"
Practice of
d
ietetics
"
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.
"
Registered
d
ietitian
"
means a person who:
1. Has completed applicable education, experience, examination, and recertification requirements approved by CDR;
2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and
3. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations
"
RD
"
or
"
RDN.
"
"
Remote
s
tate
"
means a
m
ember
s
tate other than the
h
ome
s
tate, where a
l
icensee is exercising or seeking to exercise a
Compact
p
rivilege.
"
Rule
"
means a regulation promulgated by the
Compact
Commission that has the force of law.
"
Single
s
tate
l
icense
"
means a
l
icense issued by a
m
ember
s
tate within the issuing
s
tate and does not include a
Compact
Privilege in any other
m
ember
s
tate.
"
State
"
means any state, commonwealth, district, or territory of the United States of America.
"
Unencumbered
l
icense
"
means a
l
icense that authorizes a
l
icensee to engage in the full and unrestricted
p
ractice of
d
ietetics.
§
54.1-2734
. State participation in
Compact
.
A. To participate in the
Compact
, a
s
tate
shall
currently:
1. License and regulate the
p
ractice of
d
ietetics; and
2. Have a mechanism in place for receiving and investigating complaints about
l
icensees.
B. A
m
ember
s
tate shall:
1. Participate fully in the
Compact
Commission
'
s
d
ata
s
ystem, including using the unique identifier as defined in
r
ules;
2. Notify the
Compact
Commission, in compliance with the terms of the
Compact
and
r
ules, of any
a
dverse
a
ction or the availability of
c
urrent
s
ignificant
i
nvestigative
i
nformation regarding a
l
icensee;
3. Implement or utilize procedures for considering the criminal history record information of applicants for an initial
Compact
p
rivilege. 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
s
tate
'
s criminal records
.
A
m
ember
s
tate
shall
fully implement a criminal history record information requirement, within a time frame established by
r
ule, which includes receiving the results of the Federal Bureau of Investigation record search and shall use those results in determining
Compact
p
rivilege eligibility.
Communication between a
m
ember
s
tate and the
Compact
Commission or among
m
ember
s
tates regarding the verification of eligibility for a
Compact
p
rivilege shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal history record information check performed by a
m
ember
s
tate
;
4. Comply with and enforce the
r
ules of the
Compact
Commission;
5. Require an applicant for a
Compact
p
rivilege to obtain or retain a
l
icense in the
l
icensee
'
s
h
ome
s
tate and meet the
h
ome
s
tate
'
s qualifications for licensure or renewal of licensure, as well as all other applicable
s
tate laws; and
6. Recognize a
Compact
p
rivilege granted to a
l
icensee who meets all of the requirements outlined in
§
54.1-2735
in accordance with the terms of the
Compact
and
r
ules.
C. Member
s
tates may set and collect a fee for granting a
Compact
p
rivilege.
D. Individuals not residing in a
m
ember
s
tate shall continue to be able to apply for a
m
ember
s
tate
'
s
s
ingle
s
tate
l
icense as provided under the laws of each
m
ember
s
tate. However, the
s
ingle
s
tate
li
cense granted to these individuals shall not be recognized as granting a
Compact
p
rivilege to engage in the
p
ractice of
d
ietetics in any other
m
ember
s
tate.
E. Nothing in this
Compact
shall affect the requirements established by a
m
ember
s
tate for the issuance of a
s
ingle
s
tate
l
icense.
F. At no point shall the
Compact
Commission have the power to define the requirements for the issuance of a
s
ingle
s
tate
l
icense to practice dietetics. The
m
ember
s
tates shall retain sole jurisdiction over the provision of these requirements.
§
54.1-2735
.
Compact
privilege.
A. To exercise the
Compact
Privilege under the terms and provisions of the
Compact
, the
l
icensee shall:
1. Satisfy one of the following:
a. Hold a valid current registration that gives the applicant the right to use the term
r
egistered
d
ietitian; or
b. Complete all of the following:
(
1
)
An education program which is either:
(
a) A master
'
s degree or doctoral degree that is programmatically accredited by (i) ACEND or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the
Compact
Commission may by
r
ule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education
; or
(
b) An academic degree from a college or university in a foreign country equivalent to the degree described in sub
division
(a) that is programmatically accredited by (i) ACEND or (ii) a dietetics accrediting agency recognized by the United States Department of Education, which the
Compact
Commission may by
r
ule determine.
(2)
A planned, documented, supervised practice experience in dietetics that is programmatically accredited by (i) ACEND or (ii) a dietetics accrediting agency recognized by the United States Department of Education which the
Compact
Commission may by
r
ule determine and which involves at least 1
,
000 hours of practice experience under the supervision of a
r
egistered
d
ietitian or a
l
icensed
d
ietitian
; and
(3)
Successful completion of either (i) the Registration Examination for Dietitians administered by CDR or (ii) a national credentialing examination for dietitians approved by the
Compact
Commission by
r
ule
,
such completion being no more than five years prior to the date of the
l
icensee
'
s application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the
r
ules of the
Compact
Commission.
2. Hold an
u
nencumbered
l
icense in the
h
ome
s
tate;
3. Notify the
Compact
Commission that the
l
icensee is seeking a
Compact
p
rivilege within a
r
emote
s
tate;
4. Pay any applicable fees, including any
s
tate fee, for the
Compact
p
rivilege;
5. Meet any
j
urisprudence
r
equirements established by the
r
emote
s
tate in which the
l
icensee is seeking a
Compact
p
rivilege; and
6. Report to the
Compact
Commission any
a
dverse
a
ction,
e
ncumbrance, or restriction on a
l
i
cense taken by any non-
m
ember
s
tate within 30 days from the date the action is taken.
B. The
Compact
p
rivilege is valid until the expiration date of the
h
ome
s
tate
l
icense. To maintain a
Compact
p
rivilege, renewal of the
Compact
p
rivilege shall be congruent with the renewal of the
h
ome
st
ate
l
icense as the
Compact
Commission may define by
r
ule. The
l
icensee
shall
comply with the requirements of
subsection A
to maintain the
Compact
p
rivilege in the
r
emote
s
tate.
C. A
l
icensee exercising a
Compact
p
rivilege shall adhere to the laws and regulations of the
r
emote
s
tate. Licensees shall be responsible for educating themselves on, and complying with, any and all
s
tate laws relating to the
p
ractice of
d
ietetics in such
r
emote
s
tate.
D. Notwithstanding anything to the contrary provided in this
Compact
or
by s
tate
l
aw, a
l
icensee exercising a
Compact
p
rivilege shall not be required to complete
c
ontinuing
e
ducation
r
equirements required by a
r
emote
s
tate. A
l
icensee exercising a
Compact
p
rivilege is only required to meet any
c
ontinuing
e
ducation
r
equirements as required by the
h
ome
s
tate.
§
54.1-2736
.
Obtaining a new home state license based on a
Compact
privilege.
A. A
l
icensee may hold a
h
ome
s
tate
l
icense, which allows for a
Compact
p
rivilege in other
m
ember
s
tates, in only one
m
ember
s
tate at a time.
B. If a
l
icensee changes
h
ome
s
tate by moving between two
m
ember
s
tates:
1. The
l
icensee shall file an application for obtaining a new
h
ome
s
tate
l
icense based on a
Compact
p
rivilege, pay all applicable fees, and notify the current and new
h
ome
s
tate in accordance with the
r
ules of the
Compact
Commission.
2. Upon receipt of an application for obtaining a new
h
ome
s
tate
l
icense by virtue of a
Compact
p
rivilege, the new
h
ome
s
tate shall verify that the
l
icensee meets the criteria in
§
54.1-2735
via the
d
ata
s
ystem, and require that the
l
icensee complete the following:
a. Federal Bureau of Investigation fingerprint
-
based criminal history record information check;
b. Any other criminal history record information required by the new
h
ome
s
tate; and
c. Any
j
urisprudence
r
equirements of the new
h
ome
s
tate.
3. The former
h
ome
st
ate shall convert the former
h
ome
s
tate
li
cense into a
Compact
p
rivilege once the new
h
ome
s
tate has activated the new
h
ome
s
tate
l
icense in accordance with applicable
r
ules adopted by the
Compact
Commission.
4. Notwithstanding any other provision of this
Compact
, if the
l
icensee cannot meet the criteria in
§
54.1-2735
, the new
h
ome
s
tate may apply its requirements for issuing a new
s
ingle
s
tate
l
icense.
5. The
l
icensee shall pay all applicable fees to the new
h
ome
s
tate in order to be issued a new
h
ome
s
tate
l
icense.
C. If a
l
icensee changes their
s
tate of residence by moving from a
m
ember
s
tate to a non-
m
ember
s
tate, or from a non-
m
ember
s
tate to a
m
ember
s
tate, the
s
tate criteria shall apply for issuance of a
s
ingle
s
tate
l
icense in the new
s
tate.
D. Nothing in this
Compact
shall interfere with a
li
censee
'
s ability to hold a
s
ingle
s
tate
l
icense in multiple
s
tates; however, for the purposes of this
Compact
, a
l
icensee shall have only one
h
ome
s
tate
l
icense.
E. Nothing in this
Compact
shall affect the requirements established by a
m
ember
s
tate for the issuance of a
s
ingle
s
tate
l
icense.
§
54.1-2737
. Active military members or their spouses.
An active military member, or his 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.
§
54.1-2738
. Adverse actions.
A. In addition to the other powers conferred by
s
tate law, a
r
emote
s
tate shall have the authority, in accordance with existing
s
tate due process law, to:
1. Take
ad
verse
a
ction against a
l
icensee
'
s
Compact
p
rivilege within that
m
ember
s
tate; 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
l
icensing
a
uthority in a
m
ember
s
tate for the attendance and testimony of witnesses or the production of evidence from another
m
ember
s
tate shall be enforced in the latter
s
tate 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
s
tate in which the witnesses or evidence are located.
B. Only the
ho
me
s
tate shall have the power to take
a
dverse
a
ction against a
l
icensee
'
s
h
ome
s
tate
l
icense.
C. For purposes of taking
a
dverse
a
ction, the
h
ome
s
tate shall give the same priority and effect to reported conduct received from a
m
ember
s
tate as it would if the conduct had occurred within the
h
ome
s
tate. In so doing, the
h
ome
s
tate shall apply its own
s
tate laws to determine appropriate action.
D. The
h
ome
s
tate shall complete any pending investigations of a
l
icensee who changes
h
ome
s
tates during the course of the investigations. The
h
ome
st
ate shall also have authority to take
any
appropriate action and shall promptly report the conclusions of the investigations to
the administrator of the
d
ata
s
ystem. The administrator of the
d
ata
s
ystem shall promptly notify the new
h
ome
s
tate of any
a
dverse
a
ctions.
E. A
m
ember
s
tate, if otherwise permitted by
s
tate law, may recover from the affected
l
icensee the costs of investigations and dispositions of cases resulting from any
a
dverse
a
ction taken against that
l
icensee.
F. A
m
ember
s
tate may take
a
dverse
a
ction based on the factual findings of another
r
emote
s
tate, provided that the
m
ember
s
tate follows its own procedures for taking the
a
dverse
a
ction.
G. Joint
i
nvestigations:
1. In addition to the authority granted to a
m
ember
s
tate by its respective
s
tate law, any
m
ember
s
tate may participate with other
m
ember
s
tates in joint investigations of
l
icensees.
2. Member
s
tates shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the
Compact
.
H. If
a
dverse
a
ction is taken by the
h
ome
s
tate against a
li
censee
'
s
h
ome
s
tate
l
icense resulting in an
e
ncumbrance on the
h
ome
s
tate
l
icense, the
l
icensee
'
s
Compact
p
rivilege in all other
m
ember
s
tates shall be revoked until all
e
ncumbrances have been removed from the
h
ome
s
tate
l
icense. All
h
ome
s
tate disciplinary orders that impose
a
dverse
a
ction against a
l
icensee shall include a statement that the
li
censee
'
s
Compact
p
rivileges are revoked in all
m
ember
s
tates during the pendency of the order.
I. Once an
e
ncumbered
l
icense in the
h
ome
s
tate is restored to an
u
nencumbered
li
cense
,
as certified by the
h
ome
s
tate
'
s
l
icensing
a
uthority, the
l
icensee
shall
meet the requirements of
§
54.1-2735
and follow the administrative requirements to reapply to obtain a
Compact
p
rivilege in any
r
emote
s
tate.
J. If a
m
ember
s
tate takes
a
dverse
a
ction, it shall promptly notify the administrator of the
d
ata
s
ystem. The administrator of the
d
ata
s
ystem shall promptly notify the other
m
ember
s
tates
s
tate of any
a
dverse
a
ctions.
K. Nothing in this
Compact
shall override a
m
ember
s
tate
'
s decision that participation in an
a
lternative
p
rogram may be used in lieu of
a
dverse
a
ction.
§
54.1-2739
. Establishment of the
D
ietitian
L
icensure
Compact
Commission.
A. The
Compact
m
ember
s
tates hereby create and establish a joint government agency whose membership consists of all
m
ember
s
tates that have enacted the
Compact
known as the Dietitian Licensure
Compact
Commission. The
Compact
Commission is an instrumentality of the
Compact
s
tates acting jointly and not an instrumentality of any one
s
tate. The
Compact
C
ommission shall come into existence on or after the effective date of the
Compact
as set forth in
§
54.1-2743
.
B. Membership,
v
oting, and
m
eetings
.
1. Each
m
ember
s
tate shall have and be limited to one delegate selected by that
m
ember
s
tate
'
s
l
icensing
a
uthority.
2. The delegate shall be the primary administrator of the
l
icensing
a
uthority or their designee.
3. The
Compact
Commission shall by
r
ule or bylaw establish a term of office for delegates and may by
r
ule or bylaw establish term limits.
4. The
Compact
Commission may recommend removal or suspension of any delegate from office.
5. A
me
mber
st
ate
'
s
l
icensing
a
uthority shall fill any vacancy of its delegate occurring on the
Compact
Commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the
Compact
Commission requiring a vote by the delegates.
7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in-person or by telecommunication, video conference, or other means of communication.
8. The
Compact
Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The
Compact
Commission may meet in person or by telecommunication, video conference, or other means of communication.
C. The
Compact
Commission shall have the following powers:
1. Establish the fiscal year of the
Compact
Commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend
r
ules 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
r
ules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the
Compact
Commission, provided that the standing of any
l
icensing
a
uthority to sue or be sued under applicable law shall not be affected;
7. Maintain and certify records and information provided to a
m
ember
s
tate 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 employees of a
m
ember
s
tate;
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,
s
tate regulators,
s
tate 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
s
tate
'
s adopted language is materially different from the model
Compact
language such that the
s
tate would not qualify for participation in the
Compact
; and
22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this
Compact
.
D. The Executive Committee
:
1. The Executive Committee shall have the power to act on behalf of the
Compact
Commission according to the terms of this
Compact
. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Oversee the day-to-day activities of the administration of the
Compact
including enforcement and compliance with the provisions of the
Compact
, its
r
ules and bylaws, and other such duties as deemed necessary;
b. Recommend to the
Compact
Commission changes to the
r
ules or bylaws, changes to this
Compact
legislation, fees charged to
Compact
me
mber
s
tates, fees charged to
l
icensees, and other fees;
c. Ensure
Compact
administration services are appropriately provided, including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the
Compact
Commission;
f. Monitor
Compact
compliance of
m
ember
s
tates and provide compliance reports to the
Compact
Commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the
Compact
Commission during the interim between
Compact
Commission meetings, except for adopting or amending
r
ules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the
Compact
Commission by
r
ule or bylaw; and
i. Other duties as provided in the
r
ules or bylaws of the
Compact
Commission.
2. The Executive Committee shall be composed of nine members:
a. The chair and vice chair of the
Compact
Commission shall be voting members of the Executive Committee;
b. Five voting members from the current membership of the
Compact
Commission, elected by the
Compact
Commission;
c. One 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 sub
section F
.
b. The Executive Committee shall give 30 days
'
notice of its meetings, posted on the website of the
Compact
Commission and as determined to provide notice to persons with an interest in the business of the
Compact
Commission.
c. The Executive Committee may hold a special meeting in accordance with sub
di
vision F 1 b
.
E. The
Compact
Commission shall adopt and provide to the Member States an annual report.
F. Meetings of the
Compact
Commission
.
1. All meetings shall be open to the public, except that the
Compact
Commission may meet in a closed, non-public meeting as provided in
subdivision F 2
.
a. Public notice for all meetings of the full
Compact
Commission shall be given in the same manner as required under the rulemaking provisions in
§
54.1-2741
, except that the
Compact
Commission may hold a special meeting as provided in sub
division b
.
b. The
Compact
Commission may hold a special meeting when it
shall
meet to conduct emergency business by giving 24 hours
'
notice to all
m
ember
s
tates, on the
Compact
Commission
'
s website, and other means as provided in the
Compact
Commission
'
s
r
ules. 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, non-public meeting for the
Compact
Commission or Executive Committee or other committees of the
Compact
Commission to receive legal advice or to discuss:
a. Non-compliance of a
m
ember
s
tate 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
m
ember
s
tate
'
s
l
icensing
a
uthority;
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
m
ember
s
tate law; or
l. Other matters as specified in the
r
ules of the
Compact
Commission.
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
4. The
Compact
Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the
Compact
Commission or order of a court of competent jurisdiction.
G. Financing of the
Compact
Commission
.
1. The
Compact
Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The
Compact
Commission may accept any and all appropriate revenue sources as provided in sub
division C 13
.
3. The
Compact
Commission may levy on and collect an annual assessment from each
m
ember
s
tate and impose fees on
l
icensees of
m
ember
s
tates to whom it grants a
Compact
p
rivilege to cover the cost of the operations and activities of the
Compact
Commission and its staff, which
shall
, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for
m
ember
s
tates shall be allocated based upon a formula that the
Compact
Commission shall promulgate by
r
ule.
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
m
ember
s
tates, except by and with the authority of the
m
ember
s
tate.
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. Qualified
i
mmunity,
d
efense, and
i
ndemnification
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
subdivision
shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the
Compact
Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The
Compact
Commission shall defend any member, officer, executive director, employee, and representative of the
Compact
Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of
Compact
Commission employment, duties, or responsibilities, or as determined by the
Compact
Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of
Compact
Commission employment, duties, or responsibilities
,
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 willful or wanton misconduct.
3. The
Compact
Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the
Compact
Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of
Compact
Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of
Compact
Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the liability of any
l
icensee for professional malpractice or misconduct, which shall be governed solely by any other applicable
s
tate laws.
5. Nothing in this
Compact
shall be interpreted to waive or otherwise abrogate a
m
ember
s
tate
'
s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other
s
tate 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
m
ember States or by the
Compact
Commission.
§
54.1-2740
.
Data system.
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
p
rivilege a unique identifier, as determined by the
r
ules.
C. Notwithstanding any other provision of
s
tate law to the contrary, a
m
ember
s
tate shall submit a uniform data set to the
d
ata
s
ystem on all individuals to whom this
Compact
is applicable as required by the
r
ules of the
Compact
Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse
a
ctions against a
l
icense or
Compact
p
rivilege and information related thereto;
4. Non-confidential information related to
a
lternative
p
rogram participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under
m
ember
s
tate law;
5. Any denial of application for licensure, and the reason
s
for such denial;
6. The presence of
c
urrent
s
ignificant
i
nvestigative
i
nformation; and
7. Other information that may facilitate the administration of this
Compact
or the protection of the public, as determined by the
r
ules of the
Compact
Commission.
D. The records and information provided to a
m
ember
s
tate pursuant to this
Compact
or through the
d
ata
s
ystem, 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
m
ember
s
tate.
E. Current
s
ignificant
i
nvestigative
i
nformation pertaining to a
l
icensee in any
m
ember
s
tate will only be available to other
m
ember
s
tates.
F. It is the responsibility of the
m
ember
s
tates to report any
a
dverse
a
ction against a
l
icensee and to monitor the
d
ata
s
ystem to determine whether any
a
dverse
a
ction has been taken against a
l
icensee. Adverse
a
ction information pertaining to a
l
icensee in any
m
ember
s
tate will be available to any other
m
ember
st
ate.
G. Member
s
tates contributing information to the
d
ata
s
ystem may designate information that
shall
not be shared with the public without the express permission of the contributing
s
tate.
H. Any information submitted to the
d
ata
s
ystem that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the
d
ata
s
ystem.
§
54.1-2741
. Rulemaking.
A. The
Compact
Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the
Compact
. A
r
ule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the
r
ule 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
r
ules of the
Compact
Commission shall have the force of law in each
m
ember
s
tate, provided
,
however
,
that where the
r
ules conflict with the laws or regulations of a
m
ember
s
tate that relate to the procedures, actions, and processes a
l
icensed
d
ietitian is permitted to undertake in that
s
tate and the circumstances under which they may do so, as held by a court of competent jurisdiction, the
r
ules of the
Compact
Commission shall be ineffective in that
s
tate to the extent of the conflict.
C. The
Compact
Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
s
ection and the
r
ules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the
r
ule or amendment, whichever is later.
D. If a majority of the legislatures of the
m
ember
s
tates rejects a
r
ule or portion of a
r
ule, 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
r
ule, then such
r
ule shall have no further force and effect in any
m
ember
s
tate.
E. Rules shall be adopted at a regular or special meeting of the
Compact
Commission.
F. Prior to adoption of a proposed
r
ule, 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
r
ule by the
Compact
Commission, and at least 30 days in advance of the meeting at which the
Compact
Commission will hold a public hearing on the proposed
r
ule, the
Compact
Commission shall provide a
n
otice of
p
roposed 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
s
as the
Compact
Commission may by
r
ule specify.
H. The
n
otice of
p
roposed 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
r
ule and, if different, the time, date, and location of the meeting where the
Compact
Commission will consider and vote on the proposed
r
ule;
2. If the hearing is held via telecommunication, video conference, or other means of communication, the
Compact
Commission shall include the mechanism for access to the hearing in the
n
otice of
p
roposed rulemaking;
3. The text of the proposed
r
ule and the reason therefore;
4. A request for comments on the proposed
r
ule 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
r
ule shall be available to the public.
J. Nothing in this
s
ection shall be construed as requiring a separate hearing on each
r
ule. Rules may be grouped for the convenience of the
Compact
Commission at hearings required by this
s
ection.
K. The
Compact
Commission shall, by majority vote of all members, take final action on the proposed
r
ule based on the rulemaking record and the full text of the
r
ule.
1. The
Compact
Commission may adopt changes to the proposed
r
ule provided the changes do not enlarge the original purpose of the proposed
r
ule.
2. The
Compact
Commission shall provide an explanation of the reasons for substantive changes made to the proposed
r
ule 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
r
ule. Except for an emergency as provided in
subsection L
, the effective date of the
r
ule shall be no sooner than 30 days after issuing the notice that it adopted or amended the
r
ule.
L. Upon determination that an emergency exists, the
Compact
Commission may consider and adopt an emergency
r
ule with 24 hours
'
notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the
Compact
and in this
s
ection shall be retroactively applied to the
r
ule as soon as reasonably possible, in no event later than 90 days after the effective date of the
r
ule. For the purposes of this provision, an emergency
r
ule is one that
shall
be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of
Compact
Commission or
m
ember
s
tate funds;
3. Meet a deadline for the promulgation of a
r
ule 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
r
ule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision
shall be posted on the website of the
Compact
Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a
r
ule. 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, the revision may not take effect without the approval of the
Compact
Commission.
N. No
m
ember
s
tate
'
s rulemaking requirements shall apply under this
Compact
.
§
54.1-2742
. Oversight, dispute resolution, and enforcement.
A. Oversight
.
1. The executive and judicial branches of state government in each member state shall enforce this
Compact
and take all actions necessary and appropriate to implement this
Compact
.
2. Except as otherwise provided in this
Compact
, venue is proper and judicial proceedings by or against the
Compact
Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the
Compact
Commission is located. The
Compact
Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a
l
icensee 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
r
ules.
B. Default,
t
echnical
a
ssistance, and
t
ermination
1. If the
Compact
Commission determines that a
m
ember
s
tate has defaulted in the performance of its obligations or responsibilities under this
Compact
or the promulgated
r
ules, the
Compact
Commission shall provide written notice to the defaulting
s
tate. 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
m
ember
s
tates.
C. If a
s
tate in default fails to cure the default, the defaulting
s
tate may be terminated from the
Compact
upon an affirmative vote of a majority of the delegates of the
m
ember
s
tates, and all rights, privileges, and benefits conferred on that
s
tate by this
Compact
may be terminated
on the effective date of termination. A cure of the default does not relieve the offending
s
tate 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
s
tate
'
s legislature, the defaulting
s
tate
'
s
l
icensing
a
uthority, and each of the
m
ember
s
tates
'
l
icensing
a
uthority.
E. A
s
tate 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
s
tate
'
s membership from this
Compact
, that
s
tate shall immediately provide notice to all
l
icensees within that
s
tate of such termination. The terminated
s
tate shall continue to recognize all
Compact
p
rivileges granted pursuant to this
Compact
for a minimum of six months after the date of s
uch
notice of termination.
G. The
Compact
Commission shall not bear any costs related to a
s
tate 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
s
tate.
H. The defaulting
s
tate 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 fees.
I. Dispute Resolution
.
1. Upon request by a
m
ember
s
tate, the
Compact
c
ommission shall attempt to resolve disputes related to the
Compact
that arise among
m
ember
s
tates and between
m
ember and non-
m
ember
s
tates.
2. The
Compact
Commission shall promulgate a
r
ule providing for both mediation and binding dispute resolution for disputes as appropriate.
J. Enforcement
.
1. By supermajority vote, the
Compact
Commission may initiate legal action against a
m
ember
s
tate in default in the United States District Court for the District of Columbia or the federal district where the
Compact
Commission has its principal offices to enforce compliance with the provisions of the
Compact
and its promulgated
r
ules. 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 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
m
ember
s
tate
'
s law.
2. A
m
ember
s
tate 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
r
ules. 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 fees.
3. No party other than a
me
mber
s
tate shall enforce this
Compact
against the
Compact
Commission.
§
54.1-2743
. Effective date, withdrawal, and amendment.
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
m
ember
s
tates (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
§
54.1-2742
.
b. If any
m
ember
s
tate is later found to be in default, or is terminated, or withdraws from the
Compact
, the
Compact
Commission shall remain in existence and the
Compact
shall remain in effect even if the number of
m
ember
s
tates 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
subdivision C
21 of §
54.1-2739
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
s
tate that joins the
Compact
subsequent to the
Compact
Commission
'
s initial adoption of the
r
ules and bylaws shall be subject to the
r
ules and bylaws as they exist on the date on which the
Compact
becomes law in that
s
tate. Any
r
ule that has been previously adopted by the
Compact
c
ommission shall have the full force and effect of law on the day the
Compact
becomes law in that
s
tate.
B. Any
m
ember
s
tate may withdraw from this
Compact
by enacting a statute repealing the same.
1. A
m
ember
s
tate
'
s withdrawal shall not take effect until 180 days after enactment of
the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
s
tate
'
s
l
icensing
a
uthority to comply with the investigative and
a
dverse
a
ction reporting requirements of this
Compact
prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this
Compact
, a
s
tate shall immediately provide notice of such withdrawal to all
l
icensees within that
s
tate. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
s
tate shall continue to recognize all
Compact
p
rivileges granted pursuant to this
Compact
for a minimum of 180 days after the date of such notice of withdrawal.
C. Nothing contained in this
Compact
shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a
m
ember
s
tate and a non-
m
ember
s
tate that does not conflict with the provisions of this
Compact
.
D. This
Compact
may be amended by the
m
ember
s
tates. No amendment to this
Compact
shall become effective and binding upon any
m
ember
s
tate until it is enacted into the laws of all
m
ember
s
tates.
§
54.1-2744
. Construction and severability.
A. This
Compact
and the
Compact
Commission
'
s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the
Compact
. Provisions of the
Compact
expressly authorizing or requiring the promulgation of
r
ules shall not be construed to limit the
Compact
Commission
'
s rulemaking authority solely for those purposes.
B. The provisions of this
Compact
shall be severable and if any phrase, clause, sentence, or provision of this
Compact
is held by a court of competent jurisdiction to be contrary to the constitution of any
m
ember
s
tate, a
s
tate seeking participation in the
Compact
, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this
Compact
and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.
C. Notwithstanding subsection B, the
Compact
Commission may deny a
s
tate
'
s participation in the
Compact
or, in accordance with the requirements of
subsection B of
§
54.1-2742
, terminate a
m
ember
s
tate
'
s participation in the
Compact
, if it determines that a constitutional requirement of a
m
ember
s
tate is a material departure from the
Compact
. Otherwise, if this
Compact
shall be held to be contrary to the constitution of any
m
ember
s
tate, the
Compact
shall remain in full force and effect as to the remaining
m
ember
s
tates and in full force and effect as to the
m
ember
s
tate affected as to all severable matters.
§
54.1-2745
. Consistent effect and conflict with other state laws.
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.