Dietitian licensure compact

AN ACT Relating to the dietitian licensure compact; and adding a 1
new chapter to Title 18 RCW. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The purpose of this compact is to 4
facilitate interstate practice of dietetics with the goal of 5
improving public access to dietetics services. This compact preserves 6
the regulatory authority of states to protect public health and 7
safety through the current system of state licensure, while also 8
providing for licensure portability through a compact privilege 9
granted to qualifying professionals.10
This compact is designed to achieve the following objectives:11
(1) Increase public access to dietetics services;12
(2) Provide opportunities for interstate practice by licensed 13
dietitians who meet uniform requirements; 14
(3) Eliminate the necessity for licenses in multiple states;15
(4) Reduce administrative burden on member states and licensees;16
(5) Enhance the states' ability to protect the public's health 17
and safety; 18
(6) Encourage the cooperation of member states in regulating 19
multistate practice of licensed dietitians; 20
(7) Support relocating active military members and their spouses;21
H-2419.1
HOUSE BILL 2088
State of Washington 69th Legislature 2026 Regular Session
By Representatives Leavitt, Keaton, Barnard, Timmons, Reed, Jacobsen,
Ryu, Zahn, Richards, Doglio, Simmons, Reeves, Macri, Pollet, and
Bernbaum
Prefiled 12/01/25. Read first time 01/12/26. Referred to Committee
on Postsecondary Education & Workforce.
p. 1 HB 2088
(8) Enhance the exchange of licensure, investigative, and 1
disciplinary information among member states; and 2
(9) Vest all member states with the authority to hold a licensed 3
dietitian accountable for meeting all state practice laws in the 4
state in which the patient is located at the time care is rendered.5
NEW SECTION. Sec. 2. As used in this compact, and except as 6
otherwise provided, the following definitions apply:7
(1) "ACEND" means the accreditation council for education in 8
nutrition and dietetics or its successor organization.9
(2) "Active military member" means any individual with full-time 10
duty status in the active armed forces of the United states, 11
including members of the national guard and reserve.12
(3) "Adverse action" means any administrative, civil, equitable, 13
or criminal action permitted by a state's laws which is imposed by a 14
licensing authority or other authority against a licensee, including 15
actions against an individual's license or compact privilege such as 16
revocation, suspension, probation, monitoring of the licensee, 17
limitation on the licensee's practice, or any other encumbrance on 18
licensure affecting a licensee's authorization to practice, including 19
issuance of a cease and desist action. 20
(4) "Alternative program" means a nondisciplinary monitoring or 21
practice remediation process approved by a licensing authority.22
(5) "Charter member state" means any member state which enacted 23
this compact by law before the effective date specified in section 12 24
of this act. 25
(6) "Continuing education" means a requirement, as a condition of 26
license renewal, to provide evidence of participation in, and 27
completion of, educational and professional activities relevant to 28
practice or area of work. 29
(7) "CDR" means the commission on dietetic registration or its 30
successor organization. 31
(8) "Compact commission" means the government agency whose 32
membership consists of all states that have enacted this compact, 33
which is known as the dietitian licensure compact commission, as 34
described in section 8 of this act, and which shall operate as an 35
instrumentality of the member states. 36
(9) "Compact privilege" means a legal authorization, which is 37
equivalent to a license, permitting the practice of dietetics in a 38
remote state. 39
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(10) "Current significant investigative information" means:1
(a) Investigative information that a licensing authority, after a 2
preliminary inquiry that includes notification and an opportunity for 3
the subject licensee to respond, if required by state law, has reason 4
to believe is not groundless and, if proved true, would indicate more 5
than a minor infraction; or 6
(b) Investigative information that indicates that the subject 7
licensee represents an immediate threat to public health and safety 8
regardless of whether the subject licensee has been notified and had 9
an opportunity to respond. 10
(11) "Data system" means a repository of information about 11
licensees including, but not limited to, continuing education, 12
examination, licensure, investigative, compact privilege, and adverse 13
action information. 14
(12) "Encumbered license" means a license in which an adverse 15
action restricts a licensee's ability to practice dietetics.16
(13) "Encumbrance" means a revocation or suspension of, or any 17
limitation on a licensee's full and unrestricted practice of 18
dietetics by a licensing authority. 19
(14) "Executive committee" means a group of delegates elected or 20
appointed to act on behalf of, and within the powers granted to them 21
by, this compact, and the compact commission. 22
(15) "Home state" means the member state that is the licensee's 23
primary state of residence or that has been designated pursuant to 24
section 6 of this act. 25
(16) "Investigative information" means information, records, and 26
documents received or generated by a licensing authority pursuant to 27
an investigation. 28
(17) "Jurisprudence requirement" means an assessment of an 29
individual's knowledge of the state laws and regulations governing 30
the practice of dietetics in such state. 31
(18) "License" means an authorization from a member state to 32
either: 33
(a) Engage in the practice of dietetics (including medical 34
nutrition therapy); or 35
(b) Use the title "dietitian," "licensed dietitian," "licensed 36
dietitian nutritionist," "certified dietitian," or other title 37
describing a substantially similar practitioner as the compact 38
commission may further define by rule. 39
p. 3 HB 2088
(19) "Licensee" or "licensed dietitian" means an individual who 1
currently holds a license and who meets all of the requirements 2
outlined in section 4 of this act. 3
(20) "Licensing authority" means the board or agency of a state, 4
or equivalent, that is responsible for the licensing and regulation 5
of the practice of dietetics. 6
(21) "Member state" means a state that has enacted the compact.7
(22) "Practice of dietetics" means the synthesis and application 8
of dietetics as defined by state law and regulations, primarily for 9
the provision of nutrition care services, including medical nutrition 10
therapy, in person or via telehealth, to prevent, manage, or treat 11
diseases or medical conditions and promote wellness.12
(23) "Registered dietitian" means a person who:13
(a) Has completed applicable education, experience, examination, 14
and recertification requirements approved by the CDR;15
(b) Is credentialed by the CDR as a registered dietitian or a 16
registered dietitian nutritionist; and 17
(c) Is legally authorized to use the title registered dietitian 18
or registered dietitian nutritionist and the corresponding 19
abbreviations "RD" or "RDN." 20
(24) "Remote state" means a member state other than the home 21
state, where a licensee is exercising or seeking to exercise a 22
compact privilege. 23
(25) "Rule" means a regulation promulgated by the compact 24
commission that has the force of law. 25
(26) "Single state license" means a license issued by a member 26
state within the issuing state and does not include a compact 27
privilege in any other member state. 28
(27) "State" means any state, commonwealth, district, or 29
territory of the United States of America. 30
(28) "Unencumbered license" means a license that authorizes a 31
licensee to engage in the full and unrestricted practice of 32
dietetics. 33
NEW SECTION. Sec. 3. (1) To participate in the compact, a state 34
must currently:35
(a) License and regulate the practice of dietetics; and36
(b) Have a mechanism in place for receiving and investigating 37
complaints about licensees. 38
(2) A member state shall: 39
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(a) Participate fully in the compact commission's data system, 1
including using the unique identifier as defined in rules;2
(b) Notify the compact commission, in compliance with the terms 3
of the compact and rules, of any adverse action or the availability 4
of current significant investigative information regarding a 5
licensee; 6
(c) Implement or utilize procedures for considering the criminal 7
history record information of applicants for an initial compact 8
privilege. These procedures shall include the submission of 9
fingerprints or other biometric-based information by applicants for 10
the purpose of obtaining an applicant's criminal history record 11
information from the federal bureau of investigation and the agency 12
responsible for retaining that state's criminal records;13
(i) A member state must fully implement a criminal history record 14
information requirement, within a time frame established by rule, 15
which includes receiving the results of the federal bureau of 16
investigation record search and shall use those results in 17
determining compact privilege eligibility. 18
(ii) Communication between a member state and the compact 19
commission or among member states regarding the verification of 20
eligibility for a compact privilege shall not include any information 21
received from the federal bureau of investigation relating to a 22
federal criminal history record information check performed by a 23
member state; 24
(d) Comply with and enforce the rules of the compact commission;25
(e) Require an applicant for a compact privilege to obtain or 26
retain a license in the licensee's home state and meet the home 27
state's qualifications for licensure or renewal of licensure, as well 28
as all other applicable state laws; and 29
(f) Recognize a compact privilege granted to a licensee who meets 30
all of the requirements outlined in section 4 of this act in 31
accordance with the terms of the compact and rules.32
(3) Member states may set and collect a fee for granting a 33
compact privilege. 34
(4) Individuals not residing in a member state shall continue to 35
be able to apply for a member state's single state license as 36
provided under the laws of each member state. However, the single 37
state license granted to these individuals shall not be recognized as 38
granting a compact privilege to engage in the practice of dietetics 39
in any other member state. 40
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(5) Nothing in this compact shall affect the requirements 1
established by a member state for the issuance of a single state 2
license. 3
(6) At no point shall the compact commission have the power to 4
define the requirements for the issuance of a single state license to 5
practice dietetics. The member states shall retain sole jurisdiction 6
over the provision of these requirements. 7
NEW SECTION. Sec. 4. (1) To exercise the compact privilege 8
under the terms and provisions of the compact, the licensee shall:9
(a) Satisfy one of the following: 10
(i) Hold a valid current registration that gives the applicant 11
the right to use the term registered dietitian; or12
(ii) Complete all of the following: 13
(A) An education program which is either: 14
(I) A master's degree or doctoral degree that is programmatically 15
accredited by (1) ACEND; or (2) a dietetics accrediting agency 16
recognized by the United States department of education, which the 17
compact commission may by rule determine, and from a college or 18
university accredited at the time of graduation by the appropriate 19
regional accrediting agency recognized by the council on higher 20
education accreditation and the United States department of 21
education. 22
(II) An academic degree from a college or university in a foreign 23
country equivalent to the degree described in (a)(ii)(A)(I) of this 24
subsection that is programmatically accredited by (1) ACEND; or (2) a 25
dietetics accrediting agency recognized by the United States 26
department of education, which the compact commission may by rule 27
determine. 28
(B) A planned, documented, supervised practice experience in 29
dietetics that is programmatically accredited by (I) ACEND, or (II) a 30
dietetics accrediting agency recognized by the United States 31
department of education which the compact commission may by rule 32
determine and which involves at least 1,000 hours of practice 33
experience under the supervision of a registered dietitian or a 34
licensed dietitian. 35
(C) Successful completion of either: (I) The registration 36
examination for dietitians administered by CDR; or (II) a national 37
credentialing examination for dietitians approved by the compact 38
commission by rule; such completion being no more than five years 39
p. 6 HB 2088
prior to the date of the licensee's application for initial licensure 1
and accompanied by a period of continuous licensure thereafter, all 2
of which may be further governed by the rules of the compact 3
commission; 4
(b) Hold an unencumbered license in the home state;5
(c) Notify the compact commission that the licensee is seeking a 6
compact privilege within a remote state(s); 7
(d) Pay any applicable fees, including any state fee, for the 8
compact privilege; 9
(e) Meet any jurisprudence requirements established by the remote 10
state(s) in which the licensee is seeking a compact privilege; and11
(f) Report to the compact commission any adverse action, 12
encumbrance, or restriction on a license taken by any nonmember state 13
within 30 days from the date the action is taken. 14
(2) The compact privilege is valid until the expiration date of 15
the home state license. To maintain a compact privilege, renewal of 16
the compact privilege shall be congruent with the renewal of the home 17
state license as the compact commission may define by rule. The 18
licensee must comply with the requirements of subsection (1) of this 19
section to maintain the compact privilege in the remote state(s).20
(3) A licensee exercising a compact privilege shall adhere to the 21
laws and regulations of the remote state. Licensees shall be 22
responsible for educating themselves on, and complying with, any and 23
all state laws relating to the practice of dietetics in such remote 24
state. 25
(4) Notwithstanding anything to the contrary provided in this 26
compact or state law, a licensee exercising a compact privilege shall 27
not be required to complete continuing education requirements 28
required by a remote state. A licensee exercising a compact privilege 29
is only required to meet any continuing education requirements as 30
required by the home state. 31
NEW SECTION. Sec. 5. (1) A licensee may hold a home state 32
license, which allows for a compact privilege in other member states, 33
in only one member state at a time.34
(2) If a licensee changes home state by moving between two member 35
states: 36
(a) The licensee shall file an application for obtaining a new 37
home state license based on a compact privilege, pay all applicable 38
p. 7 HB 2088
fees, and notify the current and new home state in accordance with 1
the rules of the compact commission. 2
(b) Upon receipt of an application for obtaining a new home state 3
license by virtue of a compact privilege, the new home state shall 4
verify that the licensee meets the criteria in section 4 of this act 5
via the data system, and require that the licensee complete the 6
following: 7
(i) Federal bureau of investigation fingerprint based criminal 8
history record information check; 9
(ii) Any other criminal history record information required by 10
the new home state; and 11
(iii) Any jurisprudence requirements of the new home state.12
(c) The former home state shall convert the former home state 13
license into a compact privilege once the new home state has 14
activated the new home state license in accordance with applicable 15
rules adopted by the compact commission. 16
(d) Notwithstanding any other provision of this compact, if the 17
licensee cannot meet the criteria in section 4 of this act, the new 18
home state may apply its requirements for issuing a new single state 19
license. 20
(e) The licensee shall pay all applicable fees to the new home 21
state in order to be issued a new home state license.22
(3) If a licensee changes their state of residence by moving from 23
a member state to a nonmember state, or from a nonmember state to a 24
member state, the state criteria shall apply for issuance of a single 25
state license in the new state. 26
(4) Nothing in this compact shall interfere with a licensee's 27
ability to hold a single state license in multiple states; however, 28
for the purposes of this compact, a licensee shall have only one home 29
state license. 30
(5) Nothing in this compact shall affect the requirements 31
established by a member state for the issuance of a single state 32
license. 33
NEW SECTION. Sec. 6. An active military member, or their 34
spouse, shall designate a home state where the individual has a 35
current license in good standing. The individual may retain the home 36
state designation during the period the service member is on active 37
duty. 38
p. 8 HB 2088
NEW SECTION. Sec. 7. (1) In addition to the other powers 1
conferred by state law, a remote state shall have the authority, in 2
accordance with existing state due process law, to:3
(a) Take adverse action against a licensee's compact privilege 4
within that member state; and 5
(b) Issue subpoenas for both hearings and investigations that 6
require the attendance and testimony of witnesses as well as the 7
production of evidence. Subpoenas issued by a licensing authority in 8
a member state for the attendance and testimony of witnesses or the 9
production of evidence from another member state shall be enforced in 10
the latter state by any court of competent jurisdiction, according to 11
the practice and procedure applicable to subpoenas issued in 12
proceedings pending before that court. The issuing authority shall 13
pay any witness fees, travel expenses, mileage, and other fees 14
required by the service statutes of the state in which the witnesses 15
or evidence are located. 16
(2) Only the home state shall have the power to take adverse 17
action against a licensee's home state license. 18
(3) For purposes of taking adverse action, the home state shall 19
give the same priority and effect to reported conduct received from a 20
member state as it would if the conduct had occurred within the home 21
state. In so doing, the home state shall apply its own state laws to 22
determine appropriate action. 23
(4) The home state shall complete any pending investigations of a 24
licensee who changes home states during the course of the 25
investigations. The home state shall also have authority to take 26
appropriate action (s) and shall promptly report the conclusions of 27
the investigations to the administrator of the data system. The 28
administrator of the data system shall promptly notify the new home 29
state of any adverse actions. 30
(5) A member state, if otherwise permitted by state law, may 31
recover from the affected licensee the costs of investigations and 32
dispositions of cases resulting from any adverse action taken against 33
that licensee. 34
(6) A member state may take adverse action based on the factual 35
findings of another remote state, provided that the member state 36
follows its own procedures for taking the adverse action.37
(7) Joint investigations: 38
p. 9 HB 2088
(a) In addition to the authority granted to a member state by its 1
respective state law, any member state may participate with other 2
member states in joint investigations of licensees.3
(b) Member states shall share any investigative, litigation, or 4
compliance materials in furtherance of any joint investigation 5
initiated under the compact. 6
(8) If adverse action is taken by the home state against a 7
licensee's home state license resulting in an encumbrance on the home 8
state license, the licensee's compact privilege (s) in all other 9
member states shall be revoked until all encumbrances have been 10
removed from the home state license. All home state disciplinary 11
orders that impose adverse action against a licensee shall include a 12
statement that the licensee's compact privileges are revoked in all 13
member states during the pendency of the order. 14
(9) Once an encumbered license in the home state is restored to 15
an unencumbered license (as certified by the home state's licensing 16
authority), the licensee must meet the requirements of section 4 (1) 17
of this act and follow the administrative requirements to reapply to 18
obtain a compact privilege in any remote state. 19
(10) If a member state takes adverse action, it shall promptly 20
notify the administrator of the data system. The administrator of the 21
data system shall promptly notify the other member states state of 22
any adverse actions. 23
(11) Nothing in this compact shall override a member state's 24
decision that participation in an alternative program may be used in 25
lieu of adverse action. 26
NEW SECTION. Sec. 8. (1) The compact member states hereby 27
create and establish a joint government agency whose membership 28
consists of all member states that have enacted the compact known as 29
the dietitian licensure compact commission. The compact commission is 30
an instrumentality of the compact states acting jointly and not an 31
instrumentality of any one state. The compact commission shall come 32
into existence on or after the effective date of the compact as set 33
forth in section 12 of this act.34
(2) Membership, voting, and meetings: 35
(a) Each member state shall have and be limited to one delegate 36
selected by that member state's licensing authority.37
(b) The delegate shall be the primary administrator of the 38
licensing authority or their designee. 39
p. 10 HB 2088
(c) The compact commission shall by rule or bylaw establish a 1
term of office for delegates and may by rule or bylaw establish term 2
limits. 3
(d) The compact commission may recommend removal or suspension of 4
any delegate from office. 5
(e) A member state's licensing authority shall fill any vacancy 6
of its delegate occurring on the compact commission within 60 days of 7
the vacancy. 8
(f) Each delegate shall be entitled to one vote on all matters 9
before the compact commission requiring a vote by the delegates.10
(g) Delegates shall meet and vote by such means as set forth in 11
the bylaws. The bylaws may provide for delegates to meet and vote in-12
person or by telecommunication, videoconference, or other means of 13
communication. 14
(h) The compact commission shall meet at least once during each 15
calendar year. Additional meetings may be held as set forth in the 16
bylaws. The compact commission may meet in person or by 17
telecommunication, videoconference, or other means of communication.18
(3) The compact commission shall have the following powers:19
(a) Establish the fiscal year of the compact commission;20
(b) Establish code of conduct and conflict of interest policies;21
(c) Establish and amend rules and bylaws; 22
(d) Maintain its financial records in accordance with the bylaws;23
(e) Meet and take such actions as are consistent with the 24
provisions of this compact, the compact commission's rules, and the 25
bylaws; 26
(f) Initiate and conclude legal proceedings or actions in the 27
name of the compact commission, provided that the standing of any 28
licensing authority to sue or be sued under applicable law shall not 29
be affected; 30
(g) Maintain and certify records and information provided to a 31
member state as the authenticated business records of the compact 32
commission, and designate an agent to do so on the compact 33
commission's behalf; 34
(h) Purchase and maintain insurance and bonds;35
(i) Borrow, accept, or contract for services of personnel 36
including, but not limited to, employees of a member state;37
(j) Conduct an annual financial review; 38
(k) Hire employees, elect or appoint officers, fix compensation, 39
define duties, grant such individuals appropriate authority to carry 40
p. 11 HB 2088
out the purposes of the compact, and establish the compact 1
commission's personnel policies and programs relating to conflicts of 2
interest, qualifications of personnel, and other related personnel 3
matters; 4
(l) Assess and collect fees; 5
(m) Accept any and all appropriate donations, grants of money, 6
other sources of revenue, equipment, supplies, materials, services, 7
and gifts, and receive, utilize, and dispose of the same; provided 8
that at all times the compact commission shall avoid any actual or 9
appearance of impropriety or conflict of interest;10
(n) Lease, purchase, retain, own, hold, improve, or use any 11
property, real, personal, or mixed, or any undivided interest 12
therein; 13
(o) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 14
otherwise dispose of any property, real, personal, or mixed;15
(p) Establish a budget and make expenditures; 16
(q) Borrow money; 17
(r) Appoint committees, including standing committees, composed 18
of members, state regulators, state legislators or their 19
representatives, and consumer representatives, and such other 20
interested persons as may be designated in this compact or the 21
bylaws; 22
(s) Provide and receive information from, and cooperate with, law 23
enforcement agencies; 24
(t) Establish and elect an executive committee, including a chair 25
and a vice chair; 26
(u) Determine whether a state's adopted language is materially 27
different from the model compact language such that the state would 28
not qualify for participation in the compact; and 29
(v) Perform such other functions as may be necessary or 30
appropriate to achieve the purposes of this compact.31
(4) The executive committee: 32
(a) The executive committee shall have the power to act on behalf 33
of the compact commission according to the terms of this compact. The 34
powers, duties, and responsibilities of the executive committee shall 35
include: 36
(i) Oversee the day-to-day activities of the administration of 37
the compact including enforcement and compliance with the provisions 38
of the compact, its rules and bylaws, and other such duties as deemed 39
necessary; 40
p. 12 HB 2088
(ii) Recommend to the compact commission changes to the rules or 1
bylaws, changes to this compact legislation, fees charged to compact 2
member states, fees charged to licensees, and other fees;3
(iii) Ensure compact administration services are appropriately 4
provided, including by contract; 5
(iv) Prepare and recommend the budget; 6
(v) Maintain financial records on behalf of the compact 7
commission; 8
(vi) Monitor compact compliance of member states and provide 9
compliance reports to the compact commission; 10
(vii) Establish additional committees as necessary;11
(viii) Exercise the powers and duties of the compact commission 12
during the interim between compact commission meetings, except for 13
adopting or amending rules, adopting or amending bylaws, and 14
exercising any other powers and duties expressly reserved to the 15
compact commission by rule or bylaw; and 16
(ix) Other duties as provided in the rules or bylaws of the 17
compact commission. 18
(b) The executive committee shall be composed of nine members:19
(i) The chair and vice chair of the compact commission shall be 20
voting members of the executive committee; 21
(ii) Five voting members from the current membership of the 22
compact commission, elected by the compact commission;23
(iii) One ex officio, nonvoting member from a recognized 24
professional association representing dietitians; and25
(iv) One ex officio, nonvoting member from a recognized national 26
credentialing organization for dietitians. 27
(c) The compact commission may remove any member of the executive 28
committee as provided in the compact commission's bylaws.29
(d) The executive committee shall meet at least annually.30
(i) Executive committee meetings shall be open to the public, 31
except that the executive committee may meet in a closed, nonpublic 32
meeting as provided in subsection (6)(b) of this section.33
(ii) The executive committee shall give 30 days' notice of its 34
meetings, posted on the website of the compact commission and as 35
determined to provide notice to persons with an interest in the 36
business of the compact commission. 37
(iii) The executive committee may hold a special meeting in 38
accordance with subsection (6)(a)(ii) of this section.39
p. 13 HB 2088
(5) The compact commission shall adopt and provide to the member 1
states an annual report. 2
(6) Meetings of the compact commission: 3
(a) All meetings shall be open to the public, except that the 4
compact commission may meet in a closed, nonpublic meeting as 5
provided in (b) of this subsection. 6
(i) Public notice for all meetings of the full compact commission 7
shall be given in the same manner as required under the rule-making 8
provisions in section 10 of this act, except that the compact 9
commission may hold a special meeting as provided in (a)(ii) of this 10
subsection. 11
(ii) The compact commission may hold a special meeting when it 12
must meet to conduct emergency business by giving 24 hours' notice to 13
all member states, on the compact commission's website, and other 14
means as provided in the compact commission's rules. The compact 15
commission's legal counsel shall certify that the compact 16
commission's need to meet qualifies as an emergency.17
(b) The compact commission or the executive committee or other 18
committees of the compact commission may convene in a closed, 19
nonpublic meeting for the compact commission or executive committee 20
or other committees of the compact commission to receive legal advice 21
or to discuss: 22
(i) Noncompliance of a member state with its obligations under 23
the compact; 24
(ii) The employment, compensation, discipline, or other matters, 25
practices, or procedures related to specific employees;26
(iii) Current or threatened discipline of a licensee by the 27
compact commission or by a member state's licensing authority;28
(iv) Current, threatened, or reasonably anticipated litigation;29
(v) Negotiation of contracts for the purchase, lease, or sale of 30
goods, services, or real estate; 31
(vi) Accusing any person of a crime or formally censuring any 32
person; 33
(vii) Trade secrets or commercial or financial information that 34
is privileged or confidential; 35
(viii) Information of a personal nature where disclosure would 36
constitute a clearly unwarranted invasion of personal privacy;37
(ix) Investigative records compiled for law enforcement purposes;38
(x) Information related to any investigative reports prepared by 39
or on behalf of or for use of the compact commission or other 40
p. 14 HB 2088
committee charged with responsibility of investigation or 1
determination of compliance issues pursuant to the compact;2
(xi) Matters specifically exempted from disclosure by federal or 3
member state law; or 4
(xii) Other matters as specified in the rules of the compact 5
commission. 6
(c) If a meeting, or portion of a meeting, is closed, the 7
presiding officer shall state that the meeting will be closed and 8
reference each relevant exempting provision, and such reference shall 9
be recorded in the minutes. 10
(d) The compact commission shall keep minutes that fully and 11
clearly describe all matters discussed in a meeting and shall provide 12
a full and accurate summary of actions taken, and the reasons 13
therefore, including a description of the views expressed. All 14
documents considered in connection with an action shall be identified 15
in such minutes. All minutes and documents of a closed meeting shall 16
remain under seal, subject to release only by a majority vote of the 17
compact commission or order of a court of competent jurisdiction.18
(7) Financing of the compact commission: 19
(a) The compact commission shall pay, or provide for the payment 20
of, the reasonable expenses of its establishment, organization, and 21
ongoing activities. 22
(b) The compact commission may accept any and all appropriate 23
revenue sources as provided in subsection (3)(m) of this section.24
(c) The compact commission may levy on and collect an annual 25
assessment from each member state and impose fees on licensees of 26
member states to whom it grants a compact privilege to cover the cost 27
of the operations and activities of the compact commission and its 28
staff, which must, in a total amount, be sufficient to cover its 29
annual budget as approved each year for which revenue is not provided 30
by other sources. The aggregate annual assessment amount for member 31
states shall be allocated based upon a formula that the compact 32
commission shall promulgate by rule. 33
(d) The compact commission shall not incur obligations of any 34
kind prior to securing the funds adequate to meet the same; nor shall 35
the compact commission pledge the credit of any of the member states, 36
except by and with the authority of the member state.37
(e) The compact commission shall keep accurate accounts of all 38
receipts and disbursements. The receipts and disbursements of the 39
compact commission shall be subject to the financial review and 40
p. 15 HB 2088
accounting procedures established under its bylaws. However, all 1
receipts and disbursements of funds handled by the compact commission 2
shall be subject to an annual financial review by a certified or 3
licensed public accountant, and the report of the financial review 4
shall be included in and become part of the annual report of the 5
compact commission. 6
(8) Qualified immunity, defense, and indemnification:7
(a) The members, officers, executive director, employees, and 8
representatives of the compact commission shall be immune from suit 9
and liability, both personally and in their official capacity, for 10
any claim for damage to or loss of property or personal injury or 11
other civil liability caused by or arising out of any actual or 12
alleged act, error, or omission that occurred, or that the person 13
against whom the claim is made had a reasonable basis for believing 14
occurred within the scope of compact commission employment, duties, 15
or responsibilities; provided that nothing in this subsection shall 16
be construed to protect any such person from suit or liability for 17
any damage, loss, injury, or liability caused by the intentional or 18
willful or wanton misconduct of that person. The procurement of 19
insurance of any type by the compact commission shall not in any way 20
compromise or limit the immunity granted hereunder.21
(b) The compact commission shall defend any member, officer, 22
executive director, employee, and representative of the compact 23
commission in any civil action seeking to impose liability arising 24
out of any actual or alleged act, error, or omission that occurred 25
within the scope of compact commission employment, duties, or 26
responsibilities, or as determined by the compact commission that the 27
person against whom the claim is made had a reasonable basis for 28
believing occurred within the scope of compact commission employment, 29
duties, or responsibilities; provided that nothing herein shall be 30
construed to prohibit that person from retaining their own counsel at 31
their own expense; and provided further, that the actual or alleged 32
act, error, or omission did not result from that person's intentional 33
or willful or wanton misconduct. 34
(c) The compact commission shall indemnify and hold harmless any 35
member, officer, executive director, employee, and representative of 36
the compact commission for the amount of any settlement or judgment 37
obtained against that person arising out of any actual or alleged 38
act, error, or omission that occurred within the scope of compact 39
commission employment, duties, or responsibilities, or that such 40
p. 16 HB 2088
person had a reasonable basis for believing occurred within the scope 1
of compact commission employment, duties, or responsibilities; 2
provided that the actual or alleged act, error, or omission did not 3
result from the intentional or willful or wanton misconduct of that 4
person. 5
(d) Nothing herein shall be construed as a limitation on the 6
liability of any licensee for professional malpractice or misconduct, 7
which shall be governed solely by any other applicable state laws.8
(e) Nothing in this compact shall be interpreted to waive or 9
otherwise abrogate a member state's state action immunity or state 10
action affirmative defense with respect to antitrust claims under the 11
Sherman act, Clayton act, or any other state or federal antitrust or 12
anticompetitive law or regulation. 13
(f) Nothing in this compact shall be construed to be a waiver of 14
sovereign immunity by the member states or by the compact commission.15
NEW SECTION. Sec. 9. (1) The compact commission shall provide 16
for the development, maintenance, operation, and utilization of a 17
coordinated data system.18
(2) The compact commission shall assign each applicant for a 19
compact privilege a unique identifier, as determined by the rules.20
(3) Notwithstanding any other provision of state law to the 21
contrary, a member state shall submit a uniform data set to the data 22
system on all individuals to whom this compact is applicable as 23
required by the rules of the compact commission, including:24
(a) Identifying information; 25
(b) Licensure data; 26
(c) Adverse actions against a license or compact privilege and 27
information related thereto; 28
(d) Nonconfidential information related to alternative program 29
participation, the beginning and ending dates of such participation, 30
and other information related to such participation not made 31
confidential under member state law; 32
(e) Any denial of application for licensure, and the reason (s) 33
for such denial; 34
(f) The presence of current significant investigative 35
information; and 36
(g) Other information that may facilitate the administration of 37
this compact or the protection of the public, as determined by the 38
rules of the compact commission. 39
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(4) The records and information provided to a member state 1
pursuant to this compact or through the data system, when certified 2
by the compact commission or an agent thereof, shall constitute the 3
authenticated business records of the compact commission, and shall 4
be entitled to any associated hearsay exception in any relevant 5
judicial, quasi-judicial, or administrative proceedings in a member 6
state. 7
(5) Current significant investigative information pertaining to a 8
licensee in any member state will only be available to other member 9
states. 10
(6) It is the responsibility of the member states to report any 11
adverse action against a licensee and to monitor the data system to 12
determine whether any adverse action has been taken against a 13
licensee. Adverse action information pertaining to a licensee in any 14
member state will be available to any other member state.15
(7) Member states contributing information to the data system may 16
designate information that may not be shared with the public without 17
the express permission of the contributing state. 18
(8) Any information submitted to the data system that is 19
subsequently expunged pursuant to federal law or the laws of the 20
member state contributing the information shall be removed from the 21
data system. 22
NEW SECTION. Sec. 10. (1) The compact commission shall 23
promulgate reasonable rules in order to effectively and efficiently 24
implement and administer the purposes and provisions of the compact. 25
A rule shall be invalid and have no force or effect only if a court 26
of competent jurisdiction holds that the rule is invalid because the 27
compact commission exercised its rule-making authority in a manner 28
that is beyond the scope and purposes of the compact, or the powers 29
granted hereunder, or based upon another applicable standard of 30
review.31
(2) The rules of the compact commission shall have the force of 32
law in each member state, provided however that where the rules 33
conflict with the laws or regulations of a member state that relate 34
to the procedures, actions, and processes a licensed dietitian is 35
permitted to undertake in that state and the circumstances under 36
which they may do so, as held by a court of competent jurisdiction, 37
the rules of the compact commission shall be ineffective in that 38
state to the extent of the conflict. 39
p. 18 HB 2088
(3) The compact commission shall exercise its rule-making powers 1
pursuant to the criteria set forth in this section and the rules 2
adopted thereunder. Rules shall become binding on the day following 3
adoption or as of the date specified in the rule or amendment, 4
whichever is later. 5
(4) If a majority of the legislatures of the member states 6
rejects a rule or portion of a rule, by enactment of a statute or 7
resolution in the same manner used to adopt the compact within four 8
years of the date of adoption of the rule, then such rule shall have 9
no further force and effect in any member state. 10
(5) Rules shall be adopted at a regular or special meeting of the 11
compact commission. 12
(6) Prior to adoption of a proposed rule, the compact commission 13
shall hold a public hearing and allow persons to provide oral and 14
written comments, data, facts, opinions, and arguments.15
(7) Prior to adoption of a proposed rule by the compact 16
commission, and at least 30 days in advance of the meeting at which 17
the compact commission will hold a public hearing on the proposed 18
rule, the compact commission shall provide a notice of proposed rule 19
making: 20
(a) On the website of the compact commission or other publicly 21
accessible platform; 22
(b) To persons who have requested notice of the compact 23
commission's notices of proposed rule making; and 24
(c) In such other way (s) as the compact commission may by rule 25
specify. 26
(8) The notice of proposed rule making shall include:27
(a) The time, date, and location of the public hearing at which 28
the compact commission will hear public comments on the proposed rule 29
and, if different, the time, date, and location of the meeting where 30
the compact commission will consider and vote on the proposed rule;31
(b) If the hearing is held via telecommunication, 32
videoconference, or other means of communication, the compact 33
commission shall include the mechanism for access to the hearing in 34
the notice of proposed rule making; 35
(c) The text of the proposed rule and the reason therefore;36
(d) A request for comments on the proposed rule from any 37
interested person; and 38
(e) The manner in which interested persons may submit written 39
comments. 40
p. 19 HB 2088
(9) All hearings will be recorded. A copy of the recording and 1
all written comments and documents received by the compact commission 2
in response to the proposed rule shall be available to the public.3
(10) Nothing in this section shall be construed as requiring a 4
separate hearing on each rule. Rules may be grouped for the 5
convenience of the compact commission at hearings required by this 6
section. 7
(11) The compact commission shall, by majority vote of all 8
members, take final action on the proposed rule based on the rule-9
making record and the full text of the rule. 10
(a) The compact commission may adopt changes to the proposed rule 11
provided the changes do not enlarge the original purpose of the 12
proposed rule. 13
(b) The compact commission shall provide an explanation of the 14
reasons for substantive changes made to the proposed rule as well as 15
reasons for substantive changes not made that were recommended by 16
commenters. 17
(c) The compact commission shall determine a reasonable effective 18
date for the rule. Except for an emergency as provided in subsection 19
(12) of this section, the effective date of the rule shall be no 20
sooner than 30 days after issuing the notice that it adopted or 21
amended the rule. 22
(12) Upon determination that an emergency exists, the compact 23
commission may consider and adopt an emergency rule with 24 hours' 24
notice, with opportunity to comment, provided that the usual rule-25
making procedures provided in the compact and in this section shall 26
be retroactively applied to the rule as soon as reasonably possible, 27
in no event later than 90 days after the effective date of the rule. 28
For the purposes of this subsection, an emergency rule is one that 29
must be adopted immediately in order to: 30
(a) Meet an imminent threat to public health, safety, or welfare;31
(b) Prevent a loss of compact commission or member state funds;32
(c) Meet a deadline for the promulgation of a rule that is 33
established by federal law or rule; or 34
(d) Protect public health and safety. 35
(13) The compact commission or an authorized committee of the 36
compact commission may direct revision to a previously adopted rule 37
for purposes of correcting typographical errors, errors in format, 38
errors in consistency, or grammatical errors. Public notice of any 39
revision shall be posted on the website of the compact commission. 40
p. 20 HB 2088
The revision shall be subject to challenge by any person for a period 1
of 30 days after posting. The revision may be challenged only on 2
grounds that the revision results in a material change to a rule. A 3
challenge shall be made in writing and delivered to the compact 4
commission prior to the end of the notice period. If no challenge is 5
made, the revision will take effect without further action. If the 6
revision is challenged, the revision may not take effect without the 7
approval of the compact commission. 8
(14) No member state's rule-making requirements shall apply under 9
this compact. 10
NEW SECTION. Sec. 11. (1) Oversight:11
(a) The executive and judicial branches of state government in 12
each member state shall enforce this compact and take all actions 13
necessary and appropriate to implement this compact.14
(b) Except as otherwise provided in this compact, venue is proper 15
and judicial proceedings by or against the compact commission shall 16
be brought solely and exclusively in a court of competent 17
jurisdiction where the principal office of the compact commission is 18
located. The compact commission may waive venue and jurisdictional 19
defenses to the extent it adopts or consents to participate in 20
alternative dispute resolution proceedings. Nothing herein shall 21
affect or limit the selection or propriety of venue in any action 22
against a licensee for professional malpractice, misconduct, or any 23
such similar matter. 24
(c) The compact commission shall be entitled to receive service 25
of process in any proceeding regarding the enforcement or 26
interpretation of the compact and shall have standing to intervene in 27
such a proceeding for all purposes. Failure to provide the compact 28
commission service of process shall render a judgment or order void 29
as to the compact commission, this compact, or promulgated rules.30
(2) Default, technical assistance, and termination:31
(a) If the compact commission determines that a member state has 32
defaulted in the performance of its obligations or responsibilities 33
under this compact or the promulgated rules, the compact commission 34
shall provide written notice to the defaulting state. The notice of 35
default shall describe the default, the proposed means of curing the 36
default, and any other action that the compact commission may take 37
and shall offer training and specific technical assistance regarding 38
the default. 39
p. 21 HB 2088
(b) The compact commission shall provide a copy of the notice of 1
default to the other member states. 2
(3) If a state in default fails to cure the default, the 3
defaulting state may be terminated from the compact upon an 4
affirmative vote of a majority of the delegates of the member states, 5
and all rights, privileges, and benefits conferred on that state by 6
this compact may be terminated on the effective date of termination. 7
A cure of the default does not relieve the offending state of 8
obligations or liabilities incurred during the period of default.9
(4) Termination of membership in the compact shall be imposed 10
only after all other means of securing compliance have been 11
exhausted. Notice of intent to suspend or terminate shall be given by 12
the compact commission to the governor, the majority and minority 13
leaders of the defaulting state's legislature, the defaulting state's 14
licensing authority, and each of the member states' licensing 15
authority. 16
(5) A state that has been terminated is responsible for all 17
assessments, obligations, and liabilities incurred through the 18
effective date of termination, including obligations that extend 19
beyond the effective date of termination. 20
(6) Upon the termination of a state's membership from this 21
compact, that state shall immediately provide notice to all licensees 22
within that state of such termination. The terminated state shall 23
continue to recognize all compact privileges granted pursuant to this 24
compact for a minimum of six months after the date of said notice of 25
termination. 26
(7) The compact commission shall not bear any costs related to a 27
state that is found to be in default or that has been terminated from 28
the compact, unless agreed upon in writing between the compact 29
commission and the defaulting state. 30
(8) The defaulting state may appeal the action of the compact 31
commission by petitioning the United States district court for the 32
District of Columbia or the federal district where the compact 33
commission has its principal offices. The prevailing party shall be 34
awarded all costs of such litigation, including reasonable attorneys' 35
fees. 36
(9) Dispute resolution: 37
(a) Upon request by a member state, the compact commission shall 38
attempt to resolve disputes related to the compact that arise among 39
member states and between member and nonmember states.40
p. 22 HB 2088
(b) The compact commission shall promulgate a rule providing for 1
both mediation and binding dispute resolution for disputes as 2
appropriate. 3
(10) Enforcement: 4
(a) By supermajority vote, the compact commission may initiate 5
legal action against a member state in default in the United States 6
district court for the District of Columbia or the federal district 7
where the compact commission has its principal offices to enforce 8
compliance with the provisions of the compact and its promulgated 9
rules. The relief sought may include both injunctive relief and 10
damages. In the event judicial enforcement is necessary, the 11
prevailing party shall be awarded all costs of such litigation, 12
including reasonable attorneys' fees. The remedies herein shall not 13
be the exclusive remedies of the compact commission. The compact 14
commission may pursue any other remedies available under federal or 15
the defaulting member state's law. 16
(b) A member state may initiate legal action against the compact 17
commission in the United States district court for the District of 18
Columbia or the federal district where the compact commission has its 19
principal offices to enforce compliance with the provisions of the 20
compact and its promulgated rules. The relief sought may include both 21
injunctive relief and damages. In the event judicial enforcement is 22
necessary, the prevailing party shall be awarded all costs of such 23
litigation, including reasonable attorneys' fees. 24
(c) No party other than a member state shall enforce this compact 25
against the compact commission. 26
NEW SECTION. Sec. 12. (1) The compact shall come into effect on 27
the date on which the compact statute is enacted into law in the 28
seventh member state. 29
(a) On or after the effective date of the compact, the compact 30
commission shall convene and review the enactment of each of the 31
first seven member states ("charter member states") to determine if 32
the statute enacted by each such charter member state is materially 33
different than the model compact statute. 34
(i) A charter member state whose enactment is found to be 35
materially different from the model compact statute shall be entitled 36
to the default process set forth in section 11 of this act.37
(ii) If any member state is later found to be in default, or is 38
terminated, or withdraws from the compact, the compact commission 39
p. 23 HB 2088
shall remain in existence and the compact shall remain in effect even 1
if the number of member states should be less than seven.2
(b) Member states enacting the compact subsequent to the seven 3
initial charter member states shall be subject to the process set 4
forth in section 8(3)(u) of this act to determine if their enactments 5
are materially different from the model compact statute and whether 6
they qualify for participation in the compact. 7
(c) All actions taken for the benefit of the compact commission 8
or in furtherance of the purposes of the administration of the 9
compact prior to the effective date of the compact or the compact 10
commission coming into existence shall be considered to be actions of 11
the compact commission unless specifically repudiated by the compact 12
commission. 13
(d) Any state that joins the compact subsequent to the compact 14
commission's initial adoption of the rules and bylaws shall be 15
subject to the rules and bylaws as they exist on the date on which 16
the compact becomes law in that state. Any rule that has been 17
previously adopted by the compact commission shall have the full 18
force and effect of law on the day the compact becomes law in that 19
state. 20
(2) Any member state may withdraw from this compact by enacting a 21
statute repealing the same. 22
(a) A member state's withdrawal shall not take effect until 180 23
days after enactment of the repealing statute. 24
(b) Withdrawal shall not affect the continuing requirement of the 25
withdrawing state's licensing authority to comply with the 26
investigative and adverse action reporting requirements of this 27
compact prior to the effective date of withdrawal.28
(c) Upon the enactment of a statute withdrawing from this 29
compact, a state shall immediately provide notice of such withdrawal 30
to all licensees within that state. Notwithstanding any subsequent 31
statutory enactment to the contrary, such withdrawing state shall 32
continue to recognize all compact privileges granted pursuant to this 33
compact for a minimum of 180 days after the date of such notice of 34
withdrawal. 35
(3) Nothing contained in this compact shall be construed to 36
invalidate or prevent any licensure agreement or other cooperative 37
arrangement between a member state and a nonmember state that does 38
not conflict with the provisions of this compact. 39
p. 24 HB 2088
(4) This compact may be amended by the member states. No 1
amendment to this compact shall become effective and binding upon any 2
member state until it is enacted into the laws of all member states.3
NEW SECTION. Sec. 13. (1) This compact and the compact 4
commission's rule-making authority shall be liberally construed so as 5
to effectuate the purposes and the implementation and administration 6
of the compact. Provisions of the compact expressly authorizing or 7
requiring the promulgation of rules shall not be construed to limit 8
the compact commission's rule-making authority solely for those 9
purposes.10
(2) The provisions of this compact shall be severable and if any 11
phrase, clause, sentence, or provision of this compact is held by a 12
court of competent jurisdiction to be contrary to the constitution of 13
any member state, a state seeking participation in the compact, or of 14
the United States, or the applicability thereof to any government, 15
agency, person, or circumstance is held to be unconstitutional by a 16
court of competent jurisdiction, the validity of the remainder of 17
this compact and the applicability thereof to any other government, 18
agency, person, or circumstance shall not be affected thereby.19
(3) Notwithstanding subsection (2) of this section, the compact 20
commission may deny a state's participation in the compact or, in 21
accordance with the requirements of section 11 (2) of this act, 22
terminate a member state's participation in the compact, if it 23
determines that a constitutional requirement of a member state is a 24
material departure from the compact. Otherwise, if this compact shall 25
be held to be contrary to the Constitution of any member state, the 26
compact shall remain in full force and effect as to the remaining 27
member states and in full force and effect as to the member state 28
affected as to all severable matters. 29
NEW SECTION. Sec. 14. (1) Nothing herein shall prevent or 30
inhibit the enforcement of any other law of a member state that is 31
not inconsistent with the compact.32
(2) Any laws, statutes, regulations, or other legal requirements 33
in a member state in conflict with the compact are superseded to the 34
extent of the conflict. 35
(3) All permissible agreements between the compact commission and 36
the member states are binding in accordance with their terms.37
p. 25 HB 2088
NEW SECTION. Sec. 15. Sections 1 through 14 of this act 1
constitute a new chapter in Title 18 RCW.2
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p. 26 HB 2088