89R15303 DNC-D     By: Isaac H.B. No. 4465       A BILL TO BE ENTITLED   AN ACT   relating to the dietitian licensure compact; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 701, Occupations Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. DIETITIAN LICENSURE COMPACT          Sec. 701.451.  DIETITIAN LICENSURE COMPACT. The Dietitian   Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   DIETITIAN LICENSURE COMPACT   SECTION 1:  PURPOSE   The purpose of this Compact is to facilitate interstate Practice of   Dietetics with the goal of improving public access to dietetics   services. This Compact preserves the regulatory authority of   States to protect public health and safety through the current   system of State licensure, while also providing for licensure   portability through a Compact Privilege granted to qualifying   professionals.   This Compact is designed to achieve the following objectives:          A.  Increase public access to dietetics services;          B.  Provide opportunities for interstate practice by   Licensed Dietitians who meet uniform requirements;          C.  Eliminate the necessity for Licenses in multiple States;          D.  Reduce administrative burden on Member States and   Licensees;          E.  Enhance the States' ability to protect the public's   health and safety;          F.  Encourage the cooperation of Member States in regulating   multistate practice of Licensed Dietitians;          G.  Support relocating Active Military Members and their   spouses;          H.  Enhance the exchange of licensure, investigative, and   disciplinary information among Member States; and          I.  Vest all Member States with the authority to hold a   Licensed Dietitian accountable for meeting all State practice laws   in the State in which the patient is located at the time care is   rendered.   SECTION 2.  DEFINITIONS   As used in this Compact, and except as otherwise provided, the   following definitions shall apply:          A.  "ACEND" means the Accreditation Council for Education in   Nutrition and Dietetics or its successor organization.          B.  "Active Military Member" means any individual with   full-time duty status in the active armed forces of the United   States, including members of the National Guard and Reserve.          C.  "Adverse Action" means any administrative, civil,   equitable or criminal action permitted by a State's laws which is   imposed by a Licensing Authority or other authority against a   Licensee, including actions against an individual's License or   Compact Privilege such as revocation, suspension, probation,   monitoring of the Licensee, limitation on the Licensee's practice,   or any other Encumbrance on licensure affecting a Licensee's   authorization to practice, including issuance of a cease and desist   action.          D.  "Alternative Program" means a non-disciplinary   monitoring or practice remediation process approved by a Licensing   Authority.          E.  "Charter Member State" means any Member State which   enacted this Compact by law before the Effective Date specified in   Section 12.          F.  "Continuing Education" means a requirement, as a   condition of License renewal, to provide evidence of participation   in, and completion of, educational and professional activities   relevant to practice or area of work.          G.  "CDR" means the Commission on Dietetic Registration or   its successor organization.          H.  "Compact Commission" means the government agency whose   membership consists of all States that have enacted this Compact,   which is known as the Dietitian Licensure Compact Commission, as   described in Section 8, and which shall operate as an   instrumentality of the Member States.          I.  "Compact Privilege" means a legal authorization, which   is equivalent to a License, permitting the Practice of Dietetics in   a Remote State.          J.  "Current Significant Investigative Information" means:                1.  Investigative Information that a Licensing   Authority, after a preliminary inquiry that includes notification   and an opportunity for the subject Licensee to respond, if required   by State law, has reason to believe is not groundless and, if proved   true, would indicate more than a minor infraction; or                2.  Investigative Information that indicates that the   subject Licensee represents an immediate threat to public health   and safety regardless of whether the subject Licensee has been   notified and had an opportunity to respond.          K.  "Data System" means a repository of information about   Licensees, including, but not limited to, Continuing Education,   examination, licensure, investigative, Compact Privilege and   Adverse Action information.          L.  "Encumbered License" means a License in which an Adverse   Action restricts a Licensee's ability to practice dietetics.          M.  "Encumbrance" means a revocation or suspension of, or any   limitation on a Licensee's full and unrestricted Practice of   Dietetics by a Licensing Authority.          N.  "Executive Committee" means a group of delegates elected   or appointed to act on behalf of, and within the powers granted to   them by, this Compact, and the Compact Commission.          O.  "Home State" means the Member State that is the   Licensee's primary State of residence or that has been designated   pursuant to Section 6.          P.  "Investigative Information" means information, records,   and documents received or generated by a Licensing Authority   pursuant to an investigation.          Q.  "Jurisprudence Requirement" means an assessment of an   individual's knowledge of the State laws and regulations governing   the Practice of Dietetics in such State.          R.  "License" means an authorization from a Member State to   either:                1.  Engage in the Practice of Dietetics (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 Rule.          S.  "Licensee" or "Licensed Dietitian" means an individual   who currently holds a License and who meets all of the requirements   outlined in Section 4.          T.  "Licensing Authority" means the board or agency of a   State, or equivalent, that is responsible for the licensing and   regulation of the Practice of Dietetics.          U.  "Member State" means a State that has enacted the   Compact.          V.  "Practice of Dietetics" means the synthesis and   application of dietetics as defined by state law and regulations,   primarily for the provision of nutrition care services, including   medical nutrition therapy, in person or via telehealth, to prevent,   manage, or treat diseases or medical conditions and promote   wellness.          W.  "Registered Dietitian" 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."          X.  "Remote State" means a Member State other than the Home   State, where a Licensee is exercising or seeking to exercise a   Compact Privilege.          Y.  "Rule" means a regulation promulgated by the Compact   Commission that has the force of law.          Z.  "Single State License" means a License issued by a Member   State within the issuing State and does not include a Compact   Privilege in any other Member State.          AA.  "State" means any state, commonwealth, district, or   territory of the United States of America.          BB.  "Unencumbered License" means a License that authorizes   a Licensee to engage in the full and unrestricted Practice of   Dietetics.   SECTION 3.  STATE PARTICIPATION IN THE COMPACT          A.  To participate in the Compact, a State must currently:                1.  License and regulate the Practice of Dietetics; and                2.  Have a mechanism in place for receiving and   investigating complaints about Licensees.          B.  A Member State shall:                1.  Participate fully in the Compact Commission's Data   System, including using the unique identifier as defined in Rules;                2.  Notify the Compact Commission, in compliance with   the terms of the Compact and Rules, of any Adverse Action or the   availability of Current Significant Investigative Information   regarding a Licensee;                3.  Implement or utilize procedures for considering the   criminal history record information of applicants for an initial   Compact Privilege. These procedures shall include the submission   of fingerprints or other biometric-based information by applicants   for the purpose of obtaining an applicant's criminal history record   information from the Federal Bureau of Investigation and the agency   responsible for retaining that State's criminal records;                      a.  A Member State must fully implement a criminal   history record information requirement, within a time frame   established by Rule, which includes receiving the results of the   Federal Bureau of Investigation record search and shall use those   results in determining Compact Privilege eligibility.                      b.  Communication between a Member State and the   Compact Commission or among Member States regarding the   verification of eligibility for a Compact Privilege shall not   include any information received from the Federal Bureau of   Investigation relating to a federal criminal history record   information check performed by a Member State.                4.  Comply with and enforce the Rules of the Compact   Commission;                5.  Require an applicant for a Compact Privilege to   obtain or retain a License in the Licensee's Home State and meet the   Home State's qualifications for licensure or renewal of licensure,   as well as all other applicable State laws; and                6.  Recognize a Compact Privilege granted to a Licensee   who meets all of the requirements outlined in Section 4 in   accordance with the terms of the Compact and Rules.          C.  Member States may set and collect a fee for granting a   Compact Privilege.          D.  Individuals not residing in a Member State shall continue   to be able to apply for a Member State's Single State License as   provided under the laws of each Member State. However, the Single   State License granted to these individuals shall not be recognized   as granting a Compact Privilege to engage in the Practice of   Dietetics in any other Member State.          E.  Nothing in this Compact shall affect the requirements   established by a Member State for the issuance of a Single State   License.          F.  At no point shall the Compact Commission have the power   to define the requirements for the issuance of a Single State   License to practice dietetics. The Member States shall retain sole   jurisdiction over the provision of these requirements.   SECTION 4.  COMPACT PRIVILEGE          A.  To exercise the Compact Privilege under the terms and   provisions of the Compact, the Licensee shall:                1.  Satisfy one of the following:                      a.  Hold a valid current registration that gives   the applicant the right to use the term Registered Dietitian; or                      b.  Complete all of the following:                            i.  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 Rule   determine, and from a college or university accredited at the time   of graduation by the appropriate regional accrediting agency   recognized by the Council on Higher Education Accreditation and the   United States Department of Education.                                  b)  An academic degree from a college   or university in a foreign country equivalent to the degree   described in subparagraph (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 Rule determine.                            ii.  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 Rule determine and which involves at   least 1000 hours of practice experience under the supervision of a   Registered Dietitian or a Licensed Dietitian.                            iii.  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 Rule; such completion being no more   than five years prior to the date of the Licensee's application for   initial licensure and accompanied by a period of continuous   licensure thereafter, all of which may be further governed by the   Rules of the Compact Commission.                2.  Hold an Unencumbered License in the Home State;                3.  Notify the Compact Commission that the Licensee is   seeking a Compact Privilege within a Remote State(s);                4.  Pay any applicable fees, including any State fee,   for the Compact Privilege;                5.  Meet any Jurisprudence Requirements established by   the Remote State(s) in which the Licensee is seeking a Compact   Privilege; and                6.  Report to the Compact Commission any Adverse   Action, Encumbrance, or restriction on a License taken by any   non-Member State within 30 days from the date the action is taken.          B.  The Compact Privilege is valid until the expiration date   of the Home State License. To maintain a Compact Privilege, renewal   of the Compact Privilege shall be congruent with the renewal of the   Home State License as the Compact Commission may define by Rule.   The Licensee must comply with the requirements of Section 4(A) to   maintain the Compact Privilege in the Remote State(s).          C.  A Licensee exercising a Compact Privilege shall adhere to   the laws and regulations of the Remote State. Licensees shall be   responsible for educating themselves on, and complying with, any   and all State laws relating to the Practice of Dietetics in such   Remote State.          D.  Notwithstanding anything to the contrary provided in   this Compact or State law, a Licensee exercising a Compact   Privilege shall not be required to complete Continuing Education   Requirements required by a Remote State. A Licensee exercising a   Compact Privilege is only required to meet any Continuing Education   Requirements as required by the Home State.   SECTION 5:  OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT   PRIVILEGE          A.  A Licensee may hold a Home State License, which allows   for a Compact Privilege in other Member States, in only one Member   State at a time.          B.  If a Licensee changes Home State by moving between two   Member States:                1.  The Licensee shall file an application for   obtaining a new Home State License based on a Compact Privilege, pay   all applicable fees, and notify the current and new Home State in   accordance with the Rules of the Compact Commission.                2.  Upon receipt of an application for obtaining a new   Home State License by virtue of a Compact Privilege, the new Home   State shall verify that the Licensee meets the criteria in Section 4   via the Data System, and require that the Licensee 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 Home State; and                      c.  Any Jurisprudence Requirements of the new Home   State.                3.  The former Home State shall convert the former Home   State License into a Compact Privilege once the new Home State has   activated the new Home State License in accordance with applicable   Rules adopted by the Compact Commission.                4.  Notwithstanding any other provision of this   Compact, if the Licensee cannot meet the criteria in Section 4, the   new Home State may apply its requirements for issuing a new Single   State License.                5.  The Licensee shall pay all applicable fees to the   new Home State in order to be issued a new Home State License.          C.  If a Licensee changes their State of residence by moving   from a Member State to a non-Member State, or from a non-Member   State to a Member State, the State criteria shall apply for issuance   of a Single State License in the new State.          D.  Nothing in this Compact shall interfere with a Licensee's   ability to hold a Single State License in multiple States; however,   for the purposes of this Compact, a Licensee shall have only one   Home State License.          E.  Nothing in this Compact shall affect the requirements   established by a Member State for the issuance of a Single State   License.   SECTION 6.  ACTIVE MILITARY MEMBERS OR THEIR SPOUSES   An Active Military Member, or their spouse, shall designate a Home   State where the individual has a current License in good standing.   The individual may retain the Home State designation during the   period the service member is on active duty.   SECTION 7.  ADVERSE ACTIONS          A.  In addition to the other powers conferred by State law, a   Remote State shall have the authority, in accordance with existing   State due process law, to:                1.  Take Adverse Action against a Licensee's Compact   Privilege within that Member State; and                2.  Issue subpoenas for both hearings and   investigations that require the attendance and testimony of   witnesses as well as the production of evidence. Subpoenas issued   by a Licensing Authority in a Member State for the attendance and   testimony of witnesses or the production of evidence from another   Member State shall be enforced in the latter State by any court of   competent jurisdiction, according to the practice and procedure   applicable to subpoenas issued in proceedings pending before that   court. The issuing authority shall pay any witness fees, travel   expenses, mileage, and other fees required by the service statutes   of the State in which the witnesses or evidence are located.          B.  Only the Home State shall have the power to take Adverse   Action against a Licensee's Home State License.          C.  For purposes of taking Adverse Action, the Home State   shall give the same priority and effect to reported conduct   received from a Member State as it would if the conduct had occurred   within the Home State. In so doing, the Home State shall apply its   own State laws to determine appropriate action.          D.  The Home State shall complete any pending investigations   of a Licensee who changes Home States during the course of the   investigations.  The Home State shall also have authority to take   appropriate action(s) and shall promptly report the conclusions of   the investigations to the administrator of the Data System.  The   administrator of the Data System shall promptly notify the new Home   State of any Adverse Actions.          E.  A Member State, if otherwise permitted by State law, may   recover from the affected Licensee the costs of investigations and   dispositions of cases resulting from any Adverse Action taken   against that Licensee.          F.  A Member State may take Adverse Action based on the   factual findings of another Remote State, provided that the Member   State follows its own procedures for taking the Adverse Action.          G.  Joint Investigations:                1.  In addition to the authority granted to a Member   State by its respective State law, any Member State may participate   with other Member States in joint investigations of Licensees.                2.  Member States shall share any investigative,   litigation, or compliance materials in furtherance of any joint   investigation initiated under the Compact.          H.  If Adverse Action is taken by the Home State against a   Licensee's Home State License resulting in an Encumbrance on the   Home State License, the Licensee's Compact Privilege(s) in all   other Member States shall be revoked until all Encumbrances have   been removed from the Home State License.  All Home State   disciplinary orders that impose Adverse Action against a Licensee   shall include a statement that the Licensee's Compact Privileges   are revoked in all Member States during the pendency of the order.          I.  Once an Encumbered License in the Home State is restored   to an Unencumbered License (as certified by the Home State's   Licensing Authority), the Licensee must meet the requirements of   Section 4(A) and follow the administrative requirements to reapply   to obtain a Compact Privilege in any Remote State.          J.  If a Member State takes Adverse Action, it shall promptly   notify the administrator of the Data System.  The administrator of   the Data System shall promptly notify the other Member States State   of any Adverse Actions.          K.  Nothing in this Compact shall override a Member State's   decision that participation in an Alternative Program may be used   in lieu of Adverse Action.   SECTION 8.  ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT   COMMISSION          A.  The Compact Member States hereby create and establish a   joint government agency whose membership consists of all Member   States that have enacted the Compact known as the Dietitian   Licensure Compact Commission.  The Compact Commission is an   instrumentality of the Compact States acting jointly and not an   instrumentality of any one State.  The Compact Commission shall   come into existence on or after the effective date of the Compact as   set forth in Section 12.          B.  Membership, Voting, and Meetings                1.  Each Member State shall have and be limited to one   (1) delegate selected by that Member State's Licensing Authority.                2.  The delegate shall be the primary administrator of   the Licensing Authority or their designee.                3.  The Compact Commission shall by Rule or bylaw   establish a term of office for delegates and may by Rule or bylaw   establish term limits.                4.  The Compact Commission may recommend removal or   suspension of any delegate from office.                5.  A Member State's Licensing Authority shall fill any   vacancy of its delegate occurring on the Compact Commission within   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 Rules and bylaws;                4.  Maintain its financial records in accordance with   the bylaws;                5.  Meet and take such actions as are consistent with   the provisions of this Compact, the Compact Commission's Rules, and   the bylaws;                6.  Initiate and conclude legal proceedings or actions   in the name of the Compact Commission, provided that the standing of   any Licensing Authority to sue or be sued under applicable law shall   not be affected;                7.  Maintain and certify records and information   provided to a Member State as the authenticated business records of   the Compact Commission, and designate an agent to do so on the   Compact Commission's behalf;                8.  Purchase and maintain insurance and bonds;                9.  Borrow, accept, or contract for services of   personnel, including, but not limited to, employees of a Member   State;                10.  Conduct an annual financial review;                11.  Hire employees, elect or appoint officers, fix   compensation, define duties, grant such individuals appropriate   authority to carry out the purposes of the Compact, and establish   the Compact Commission's personnel policies and programs relating   to conflicts of interest, qualifications of personnel, and other   related personnel matters;                12.  Assess and collect fees;                13.  Accept any and all appropriate donations, grants   of money, other sources of revenue, equipment, supplies, materials,   services, and gifts, and receive, utilize, and dispose of the same;   provided that at all times the Compact Commission shall avoid any   actual or appearance of impropriety or conflict of interest;                14.  Lease, purchase, retain, own, hold, improve, or   use any property, real, personal, or mixed, or any undivided   interest therein;                15.  Sell, convey, mortgage, pledge, lease, exchange,   abandon, or otherwise dispose of any property real, personal, or   mixed;                16.  Establish a budget and make expenditures;                17.  Borrow money;                18.  Appoint committees, including standing   committees, composed of members, State regulators, State   legislators or their representatives, and consumer   representatives, and such other interested persons as may be   designated in this Compact or the bylaws;                19.  Provide and receive information from, and   cooperate with, law enforcement agencies;                20.  Establish and elect an Executive Committee,   including a chair and a vice chair;                21.  Determine whether a State's adopted language is   materially different from the model compact language such that the   State would not qualify for participation in the Compact; and                22.  Perform such other functions as may be necessary   or appropriate to achieve the purposes of this Compact.          D.  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 Rules and bylaws, and other   such duties as deemed necessary;                      b.  Recommend to the Compact Commission changes to   the Rules or bylaws, changes to this Compact legislation, fees   charged to Compact Member States, fees charged to Licensees, and   other fees;                      c.  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 Member States   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 Rules, adopting or amending bylaws,   and exercising any other powers and duties expressly reserved to   the Compact Commission by Rule or bylaw; and                      i.  Other duties as provided in the Rules or   bylaws of the Compact Commission.                2.  The Executive Committee shall be composed of nine   members:                      a.  The chair and vice chair of the Compact   Commission shall be voting members of the Executive Committee;                      b.  Five voting members from the current   membership of the Compact Commission, elected by the Compact   Commission;                      c.  One ex-officio, nonvoting member from a   recognized professional association representing dietitians; and                      d.  One ex-officio, nonvoting member from a   recognized national credentialing organization for dietitians.                3.  The Compact Commission may remove any member of the   Executive Committee as provided in the Compact Commission's bylaws.                4.  The Executive Committee shall meet at least   annually.                      a.  Executive Committee meetings shall be open to   the public, except that the Executive Committee may meet in a   closed, non-public meeting as provided in subsection (F)(2).                      b.  The Executive Committee shall give 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 subsection (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 subsection (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 Section 10, except that the   Compact Commission may hold a special meeting as provided in   subsection (F)(1)(b).                      b.  The Compact Commission may hold a special   meeting when it must meet to conduct emergency business by giving 24   hours' notice to all Member States, on the Compact Commission's   website, and other means as provided in the Compact Commission's   Rules.  The Compact Commission's legal counsel shall certify that   the Compact Commission's need to meet qualifies as an emergency.                2.  The Compact Commission or the Executive Committee   or other committees of the Compact Commission may convene in a   closed, 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 Member State with its   obligations under the Compact;                      b.  The employment, compensation, discipline, or   other matters, practices, or procedures related to specific   employees;                      c.  Current or threatened discipline of a Licensee   by the Compact Commission or by a Member State's Licensing   Authority;                      d.  Current, threatened, or reasonably   anticipated litigation;                      e.  Negotiation of contracts for the purchase,   lease, or sale of goods, services, or real estate;                      f.  Accusing any person of a crime or formally   censuring any person;                      g.  Trade secrets or commercial or financial   information that is privileged or confidential;                      h.  Information of a personal nature where   disclosure would constitute a clearly unwarranted invasion of   personal privacy;                      i.  Investigative records compiled for law   enforcement purposes;                      j.  Information related to any investigative   reports prepared by or on behalf of or for use of the Compact   Commission or other committee charged with responsibility of   investigation or determination of compliance issues pursuant to the   Compact;                      k.  Matters specifically exempted from disclosure   by federal or Member State law; or                      l.  Other matters as specified in the Rules of the   Compact Commission.                3.  If a meeting, or portion of a meeting, is closed,   the presiding officer shall state that the meeting will be closed   and reference each relevant exempting provision, and such reference   shall be recorded in the minutes.                4.  The Compact Commission shall keep minutes that   fully and clearly describe all matters discussed in a meeting and   shall provide a full and accurate summary of actions taken, and the   reasons therefore, including a description of the views expressed.     All documents considered in connection with an action shall be   identified in such minutes.  All minutes and documents of a closed   meeting shall remain under seal, subject to release only by a   majority vote of the Compact Commission or order of a court of   competent jurisdiction.          G.  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 subsection (C)(13).                3.  The Compact Commission may levy on and collect an   annual assessment from each Member State and impose fees on   Licensees of Member States to whom it grants a Compact Privilege to   cover the cost of the operations and activities of the Compact   Commission and its staff, which must, in a total amount, be   sufficient to cover its annual budget as approved each year for   which revenue is not provided by other sources.  The aggregate   annual assessment amount for Member States shall be allocated based   upon a formula that the Compact Commission shall promulgate by   Rule.                4.  The Compact Commission shall not incur obligations   of any kind prior to securing the funds adequate to meet the same;   nor shall the Compact Commission pledge the credit of any of the   Member States, except by and with the authority of the Member State.                5.  The Compact Commission shall keep accurate accounts   of all receipts and disbursements. The receipts and disbursements   of the Compact Commission shall be subject to the financial review   and accounting procedures established under its bylaws. However,   all receipts and disbursements of funds handled by the Compact   Commission shall be subject to an annual financial review by a   certified or licensed public accountant, and the report of the   financial review shall be included in and become part of the annual   report of the Compact Commission.          H.  Qualified Immunity, Defense, and Indemnification                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 paragraph 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 Licensee for professional malpractice or   misconduct, which shall be governed solely by any other applicable   State laws.                5.  Nothing in this Compact shall be interpreted to   waive or otherwise abrogate a Member State's state action immunity   or state action affirmative defense with respect to antitrust   claims under the Sherman Act, Clayton Act, or any other State or   federal antitrust or anticompetitive law or regulation.                6.  Nothing in this Compact shall be construed to be a   waiver of sovereign immunity by the Member States or by the Compact   Commission.   SECTION 9.  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 Privilege a unique identifier, as determined by the Rules.          C.  Notwithstanding any other provision of State law to the   contrary, a Member State shall submit a uniform data set to the Data   System on all individuals to whom this Compact is applicable as   required by the Rules of the Compact Commission, including:                1.  Identifying information;                2.  Licensure data;                3.  Adverse Actions against a License or Compact   Privilege and information related thereto;                4.  Non-confidential information related to   Alternative Program participation, the beginning and ending dates   of such participation, and other information related to such   participation not made confidential under Member State law;                5.  Any denial of application for licensure, and the   reason(s) for such denial;                6.  The presence of Current Significant Investigative   Information; and                7.  Other information that may facilitate the   administration of this Compact or the protection of the public, as   determined by the Rules of the Compact Commission.          D.  The records and information provided to a Member State   pursuant to this Compact or through the Data System, when certified   by the Compact Commission or an agent thereof, shall constitute the   authenticated business records of the Compact Commission, and shall   be entitled to any associated hearsay exception in any relevant   judicial, quasi-judicial, or administrative proceedings in a   Member State.          E.  Current Significant Investigative Information   pertaining to a Licensee in any Member State will only be available   to other Member States.          F.  It is the responsibility of the Member States to report   any Adverse Action against a Licensee and to monitor the Data System   to determine whether any Adverse Action has been taken against a   Licensee. Adverse Action information pertaining to a Licensee in   any Member State will be available to any other Member State.          G.  Member States contributing information to the Data   System may designate information that may not be shared with the   public without the express permission of the contributing State.          H.  Any information submitted to the Data System that is   subsequently expunged pursuant to federal law or the laws of the   Member State contributing the information shall be removed from the   Data System.   SECTION 10.  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 Rule shall be invalid   and have no force or effect only if a court of competent   jurisdiction holds that the Rule is invalid because the Compact   Commission exercised its rulemaking authority in a manner that is   beyond the scope and purposes of the Compact, or the powers granted   hereunder, or based upon another applicable standard of review.          B.  The Rules of the Compact Commission shall have the force   of law in each Member State, provided however that where the Rules   conflict with the laws or regulations of a Member State that relate   to the procedures, actions, and processes a Licensed Dietitian is   permitted to undertake in that State and the circumstances under   which they may do so, as held by a court of competent jurisdiction,   the Rules of the Compact Commission shall be ineffective in that   State to the extent of the conflict.          C.  The Compact Commission shall exercise its rulemaking   powers pursuant to the criteria set forth in this Section and the   Rules adopted thereunder. Rules shall become binding on the day   following adoption or as of the date specified in the Rule or   amendment, whichever is later.          D.  If a majority of the legislatures of the Member States   rejects a Rule or portion of a Rule, by enactment of a statute or   resolution in the same manner used to adopt the Compact within four   (4) years of the date of adoption of the Rule, then such Rule shall   have no further force and effect in any Member State.          E.  Rules shall be adopted at a regular or special meeting of   the Compact Commission.          F.  Prior to adoption of a proposed Rule, the Compact   Commission shall hold a public hearing and allow persons to provide   oral and written comments, data, facts, opinions, and arguments.          G.  Prior to adoption of a proposed Rule by the Compact   Commission, and at least thirty (30) days in advance of the meeting   at which the Compact Commission will hold a public hearing on the   proposed Rule, the Compact Commission shall provide a Notice of   Proposed rulemaking:                1.  On the website of the Compact Commission or other   publicly accessible platform;                2.  To persons who have requested notice of the Compact   Commission's notices of proposed rulemaking; and                3.  In such other way(s) as the Compact Commission may   by Rule specify.          H.  The Notice of Proposed rulemaking shall include:                1.  The time, date, and location of the public hearing   at which the Compact Commission will hear public comments on the   proposed Rule and, if different, the time, date, and location of the   meeting where the Compact Commission will consider and vote on the   proposed Rule;                2.  If the hearing is held via telecommunication, video   conference, or other means of communication, the Compact Commission   shall include the mechanism for access to the hearing in the Notice   of Proposed rulemaking;                3.  The text of the proposed Rule and the reason   therefore;                4.  A request for comments on the proposed Rule from any   interested person; and                5.  The manner in which interested persons may submit   written comments.          I.  All hearings will be recorded. A copy of the recording   and all written comments and documents received by the Compact   Commission in response to the proposed Rule shall be available to   the public.          J.  Nothing in this Section shall be construed as requiring a   separate hearing on each Rule. Rules may be grouped for the   convenience of the Compact Commission at hearings required by this   Section.          K.  The Compact Commission shall, by majority vote of all   members, take final action on the proposed Rule based on the   rulemaking record and the full text of the Rule.                1.  The Compact Commission may adopt changes to the   proposed Rule provided the changes do not enlarge the original   purpose of the proposed Rule.                2.  The Compact Commission shall provide an explanation   of the reasons for substantive changes made to the proposed Rule as   well as reasons for substantive changes not made that were   recommended by commenters.                3.  The Compact Commission shall determine a reasonable   effective date for the Rule. Except for an emergency as provided in   Section 10(L), the effective date of the Rule shall be no sooner   than 30 days after issuing the notice that it adopted or amended the   Rule.          L.  Upon determination that an emergency exists, the Compact   Commission may consider and adopt an emergency Rule with 24 hours'   notice, with opportunity to comment, provided that the usual   rulemaking procedures provided in the Compact and in this Section   shall be retroactively applied to the Rule as soon as reasonably   possible, in no event later than ninety (90) days after the   effective date of the Rule. For the purposes of this provision, an   emergency Rule is one that must be adopted immediately in order to:                1.  Meet an imminent threat to public health, safety,   or welfare;                2.  Prevent a loss of Compact Commission or Member   State funds;                3.  Meet a deadline for the promulgation of a Rule that   is established by federal law or rule; or                4.  Protect public health and safety.          M.  The Compact Commission or an authorized committee of the   Compact Commission may direct revision to a previously adopted Rule   for purposes of correcting typographical errors, errors in format,   errors in consistency, or grammatical errors. Public notice of any   revision shall be posted on the website of the Compact Commission.   The revision shall be subject to challenge by any person for a   period of thirty (30) days after posting. The revision may be   challenged only on grounds that the revision results in a material   change to a Rule. A challenge shall be made in writing and delivered   to the Compact Commission prior to the end of the notice period. If   no challenge is made, the revision will take effect without further   action. If the revision is challenged, the revision may not take   effect without the approval of the Compact Commission.          N.  No Member State's rulemaking requirements shall apply   under this Compact.   SECTION 11.  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 Licensee for professional malpractice,   misconduct, or any such similar matter.                3.  The Compact Commission shall be entitled to receive   service of process in any proceeding regarding the enforcement or   interpretation of the Compact and shall have standing to intervene   in such a proceeding for all purposes. Failure to provide the   Compact Commission service of process shall render a judgment or   order void as to the Compact Commission, this Compact, or   promulgated Rules.          B.  Default, Technical Assistance, and Termination                1.  If the Compact Commission determines that a Member   State has defaulted in the performance of its obligations or   responsibilities under this Compact or the promulgated Rules, the   Compact Commission shall provide written notice to the defaulting   State. The notice of default shall describe the default, the   proposed means of curing the default, and any other action that the   Compact Commission may take and shall offer training and specific   technical assistance regarding the default.                2.  The Compact Commission shall provide a copy of the   notice of default to the other Member States.          C.  If a State in default fails to cure the default, the   defaulting State may be terminated from the Compact upon an   affirmative vote of a majority of the delegates of the Member   States, and all rights, privileges, and benefits conferred on that   State by this Compact may be terminated on the effective date of   termination. A cure of the default does not relieve the offending   State of obligations or liabilities incurred during the period of   default.          D.  Termination of membership in the Compact shall be imposed   only after all other means of securing compliance have been   exhausted. Notice of intent to suspend or terminate shall be given   by the Compact Commission to the governor, the majority and   minority leaders of the defaulting State's legislature, the   defaulting State's Licensing Authority, and each of the Member   States' Licensing Authority.          E.  A State that has been terminated is responsible for all   assessments, obligations, and liabilities incurred through the   effective date of termination, including obligations that extend   beyond the effective date of termination.          F.  Upon the termination of a State's membership from this   Compact, that State shall immediately provide notice to all   Licensees within that State of such termination. The terminated   State shall continue to recognize all Compact Privileges granted   pursuant to this Compact for a minimum of six months after the date   of said notice of termination.          G.  The Compact Commission shall not bear any costs related   to a State that is found to be in default or that has been terminated   from the Compact, unless agreed upon in writing between the Compact   Commission and the defaulting State.          H.  The defaulting State may appeal the action of the Compact   Commission by petitioning the U.S. District Court for the District   of Columbia or the federal district where the Compact Commission   has its principal offices. The prevailing party shall be awarded   all costs of such litigation, including reasonable attorney's fees.          I.  Dispute Resolution                1.  Upon request by a Member State, the Compact   Commission shall attempt to resolve disputes related to the Compact   that arise among Member States and between Member and non-Member   States.                2.  The Compact Commission shall promulgate a Rule   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 Member State 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 Rules. The relief sought may include both   injunctive relief and damages. In the event judicial enforcement is   necessary, the prevailing party shall be awarded all costs of such   litigation, including reasonable attorney's fees. The remedies   herein shall not be the exclusive remedies of the Compact   Commission. The Compact Commission may pursue any other remedies   available under federal or the defaulting Member State's law.                2.  A Member State may initiate legal action against   the Compact Commission in the U.S. District Court for the District   of Columbia or the federal district where the Compact Commission   has its principal offices to enforce compliance with the provisions   of the Compact and its promulgated Rules. The relief sought may   include both injunctive relief and damages. In the event judicial   enforcement is necessary, the prevailing party shall be awarded all   costs of such litigation, including reasonable attorney's fees.                3.  No party other than a Member State shall enforce   this Compact against the Compact Commission.   SECTION 12.  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 Member States ("Charter Member States") to   determine if the statute enacted by each such Charter Member State   is materially different than the model Compact statute.                      a.  A Charter Member State whose enactment is   found to be materially different from the model Compact statute   shall be entitled to the default process set forth in Section 11.                      b.  If any Member State 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 Member States should be less   than seven.                2.  Member States enacting the Compact subsequent to   the seven initial Charter Member States shall be subject to the   process set forth in Section 8(C)(21) to determine if their   enactments are materially different from the model Compact statute   and whether they qualify for participation in the Compact.                3.  All actions taken for the benefit of the Compact   Commission or in furtherance of the purposes of the administration   of the Compact prior to the effective date of the Compact or the   Compact Commission coming into existence shall be considered to be   actions of the Compact Commission unless specifically repudiated by   the Compact Commission.                4.  Any State that joins the Compact subsequent to the   Compact Commission's initial adoption of the Rules and bylaws shall   be subject to the Rules and bylaws as they exist on the date on which   the Compact becomes law in that State. Any Rule that has been   previously adopted by the Compact Commission shall have the full   force and effect of law on the day the Compact becomes law in that   State.          B.  Any Member State may withdraw from this Compact by   enacting a statute repealing the same.                1.  A Member State's withdrawal shall not take effect   until 180 days after enactment of the repealing statute.                2.  Withdrawal shall not affect the continuing   requirement of the withdrawing State's Licensing Authority to   comply with the investigative and Adverse Action reporting   requirements of this Compact prior to the effective date of   withdrawal.                3.  Upon the enactment of a statute withdrawing from   this Compact, a State shall immediately provide notice of such   withdrawal to all Licensees within that State. Notwithstanding any   subsequent statutory enactment to the contrary, such withdrawing   State shall continue to recognize all Compact Privileges granted   pursuant to this Compact for a minimum of 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 Member State and a non-Member State that does   not conflict with the provisions of this Compact.          D.  This Compact may be amended by the Member States. No   amendment to this Compact shall become effective and binding upon   any Member State until it is enacted into the laws of all Member   States.   SECTION 13.  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 Rules shall not be construed to limit the Compact   Commission's rulemaking authority solely for those purposes.          B.  The provisions of this Compact shall be severable 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 Member State, a State seeking participation in   the Compact, or of the United States, or the applicability thereof   to any government, agency, person, or circumstance is held to be   unconstitutional by a court of competent jurisdiction, the validity   of the remainder of this Compact and the applicability thereof to   any other government, agency, person, or circumstance shall not be   affected thereby.          C.  Notwithstanding Section 13(B), the Compact Commission   may deny a State's participation in the Compact or, in accordance   with the requirements of Section 11(B), terminate a Member State's   participation in the Compact, if it determines that a   constitutional requirement of a Member State is a material   departure from the Compact. Otherwise, if this Compact shall be   held to be contrary to the constitution of any Member State, the   Compact shall remain in full force and effect as to the remaining   Member States and in full force and effect as to the Member State   affected as to all severable matters.   SECTION 14.  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.          Sec. 701.452.  ADMINISTRATION OF COMPACT. The department is   the Dietitian Licensure Compact administrator for this state.          Sec. 701.453.  RULES. The commission may adopt rules as   necessary to implement this subchapter.           SECTION 2.  This Act takes effect September 1, 2025.