N.D. Cent. Code § 43-44.1-01 Dietitian licensure compact
43-44.1-01. Dietitian licensure compact
The dietitian licensure compact is entered with all states legally joining the compact, in the
form substantially as follows:
ARTICLE I - PURPOSE
1. The purpose of this compact is to facilitate interstate practice of dietetics with the goal
of improving public access to dietetic 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.
2. This compact is designed to achieve the following objectives:
a. Increase public access to dietetic 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 the administrative burden on member states and licensees;
e. Enhance the ability of member states to protect the public's health and safety;
f. Encourage the cooperation of member states in regulating the multistate practice
of licensed dietitians;
g. Support relocating active military members and the member's spouse;
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.
ARTICLE II - DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions apply:
1. "ACEND" means the accreditation council for education in nutrition and dietetics or its
successor organization.
2. "Active military member" means any individual with full-time duty status in the active
armed forces of the United States, including members of the national guard and
reserve.
3. "Adverse action" means any administrative, civil, equitable, or criminal action permitted
by a state's laws which is imposed by a licensing authority or other authority against a
licensee, including actions against an individual's license or compact privilege such as
revocation, suspension, probation, monitoring of the licensee, limitation on the
licensee's practice, or any other encumbrance on licensure affecting a licensee's
authorization to practice, including issuance of a cease and desist action.
4. "Alternative program" means a nondisciplinary monitoring or practice remediation
process approved by a licensing authority.
5. "CDR" means the commission on dietetic registration or its successor organization.
6. "Charter member state" means any member state that enacted this compact by law
before the effective date specified in article XII.
7. "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 article VIII, and which shall operate as an
instrumentality of the member states.
8. "Compact privilege" means a legal authorization, which is equivalent to a license,
permitting the practice of dietetics in a remote state.
9. "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.
10. "Current significant investigative information" means investigative information that:
a. A licensing authority, after a preliminary inquiry that includes notification and an
opportunity for the subject licensee to respond, if required by state law, has
reason to believe is not groundless and, if proved true, would indicate more than
a minor infraction; or
b. Indicates that the subject licensee represents an immediate threat to public health
and safety regardless of whether the subject licensee has been notified and had
an opportunity to respond.
11. "Data system" means a repository of information about licensees, including continuing
education, examination, licensure, investigative, compact privilege, and adverse action
information.
12. "Encumbered license" means a license in which an adverse action restricts a
licensee's ability to practice dietetics.
13. "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's
full and unrestricted practice of dietetics by a licensing authority.
14. "Executive committee" means a group of delegates elected or appointed to act on
behalf of, and within the powers granted to them by, this compact, and the compact
commission.
15. "Home state" means the member state that is the licensee's primary state of residence
or that has been designated pursuant to article XI.
16. "Investigative information" means information, records, and documents received or
generated by a licensing authority pursuant to an investigation.
17. "Jurisprudence requirement" means an assessment of an individual's knowledge of the
state laws and regulations governing the practice of dietetics in the state.
18. "License" means an authorization from a member state to either:
a. Engage in the practice of dietetics, including medical nutrition therapy; or
b. Use the title "dietitian", "licensed dietitian", "licensed dietitian nutritionist",
"certified dietitian", or other title describing a substantially similar practitioner as
the compact commission may further define by rule.
19. "Licensee" or "licensed dietitian" means an individual who currently holds a license
and who meets all of the requirements outlined in article IV.
20. "Licensing authority" means the board or agency of a state, or equivalent, that is
responsible for the licensing and regulation of the practice of dietetics.
21. "Member state" means a state that has enacted the compact.
22. "Practice of dietetics" means the synthesis and application of dietetics as defined by
state law and regulations, primarily for the provision of nutrition care services,
including medical nutrition therapy, in person or via telehealth, to prevent, manage, or
treat diseases or medical conditions, and promote wellness.
23. "Registered dietitian" means an individual who:
a. Has completed applicable education, experience, examination, and recertification
requirements approved by CDR;
b. Is credentialed by CDR as a registered dietitian or a registered dietitian
nutritionist; and
c. Is legally authorized to use the title registered dietitian or registered dietitian
nutritionist and the corresponding abbreviations "RD" or "RDN".
24. "Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise a compact privilege.
25. "Rule" means a regulation promulgated by the compact commission which has the
force of law.
26. "Single state license" means a license issued by a member state within the issuing
state and does not include a compact privilege in any other member state.
27. "State" means any state, commonwealth, district, or territory of the United States of
America.
28. "Unencumbered license" means a license that authorizes a licensee to engage in the
full and unrestricted practice of dietetics.
ARTICLE III - STATE PARTICIPATION IN THE COMPACT
1. To participate in the compact, a state shall currently:
a. License and regulate the practice of dietetics; and
b. Have a mechanism in place for receiving and investigating complaints about
licensees.
2. A member state shall:
a. Participate fully in the compact commission's data system, including using the
unique identifier as defined in rules;
b. 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;
c. Implement or utilize procedures for considering the criminal history record
information of applicants for an initial compact privilege. These procedures must
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;
(1) A member state shall 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.
(2) Communication between a member state and the compact commission or
among member states regarding the verification of eligibility for a compact
privilege may 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.
d. Comply with and enforce the rules of the compact commission;
e. 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
f. Recognize a compact privilege granted to a licensee who meets all of the
requirements outlined in article IV under the terms of the compact and rules.
3. Member states may set and collect a fee for granting a compact privilege.
4. 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 may not be recognized
as granting a compact privilege to engage in the practice of dietetics in any other
member state.
5. Nothing in this compact may affect the requirements established by a member state for
the issuance of a single state license.
6. The compact commission may not 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.
ARTICLE IV - COMPACT PRIVILEGE
1. To exercise the compact privilege under the terms and provisions of the compact, the
licensee shall:
a. Satisfy one of the following:
(1) Hold a valid current registration that gives the applicant the right to use the
term registered dietitian; or
(2) Complete all of the following:
(a) An education program which is either:
[1] A master's degree or doctoral degree that is programmatically
accredited by ACEND or a dietetics accrediting agency
recognized by the United States department of education, which
the compact commission may by rule determine, and from a
college or university accredited at the time of graduation by the
appropriate regional accrediting agency recognized by the
council on higher education accreditation and the United States
department of education; or
[2] 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 ACEND or a dietetics
accrediting agency recognized by the United States department
of education, which the compact commission may by rule
determine.
(b) A planned, documented, supervised practice experience in dietetics
that is programmatically accredited by ACEND or a dietetics
accrediting agency recognized by the United States department of
education, which the compact commission may by rule determine and
which involves at least one thousand hours of practice experience
under the supervision of a registered dietitian or a licensed dietitian.
(c) Successful completion of either the registration examination for
dietitians administered by CDR or a national credentialing examination
for dietitians approved by the compact commission by rule, with
completion occurring no more than five years before 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.
b. Hold an unencumbered license in the home state;
c. Notify the compact commission that the licensee is seeking a compact privilege
within a remote state;
d. Pay any applicable fees, including any state fee, for the compact privilege;
e. Meet any jurisprudence requirements established by the remote state in which
the licensee is seeking a compact privilege; and
f. Report to the compact commission any adverse action, encumbrance, or
restriction on a license taken by any nonmember state within thirty days from the
date the action is taken.
2. The compact privilege is valid until the expiration date of the home state license. To
maintain a compact privilege, renewal of the compact privilege must be congruent with
the renewal of the home state license as the compact commission may define by rule.
The licensee shall comply with the requirements of subsection 1 of article IV to
maintain the compact privilege in the remote state.
3. A licensee exercising a compact privilege shall adhere to the laws and regulations of
the remote state. Licensees must be responsible for educating themselves on, and
complying with, all state laws relating to the practice of dietetics in the remote state.
4. Notwithstanding anything to the contrary provided in this compact or state law, a
licensee exercising a compact privilege may not be required to complete continuing
education requirements required by a remote state. A licensee exercising a compact
privilege only is required to meet any continuing education requirements as required
by the home state.
ARTICLE V - OBTAINING A NEW HOME STATE LICENSE
BASED ON A COMPACT PRIVILEGE
1. 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.
2. If a licensee changes home state by moving between two member states:
a. 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.
b. 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 article IV via the data system, and require that the licensee complete:
(1) A federal bureau of investigation fingerprint-based criminal history record
information check;
(2) Any other criminal history record information required by the new home
state; and
(3) Any jurisprudence requirements of the new home state.
c. 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.
d. Notwithstanding any other provision of this compact, if the licensee cannot meet
the criteria in article IV, the new home state may apply its requirements for issuing
a new single state license.
e. The licensee shall pay all applicable fees to the new home state to be issued a
new home state license.
3. If a licensee changes the licensee's state of residence by moving from a member state
to a nonmember state, or from a nonmember state to a member state, the state criteria
shall apply for issuance of a single state license in the new state.
4. Nothing in this compact may interfere with a licensee's ability to hold a single state
license in multiple states; however, for the purposes of this compact, a licensee may
have only one home state license.
5. Nothing in this compact may affect the requirements established by a member state for
the issuance of a single state license.
ARTICLE VI - ACTIVE MILITARY MEMBERS
OR THE MEMBER'S SPOUSE
An active military member, or the member's 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.
ARTICLE VII - ADVERSE ACTIONS
1. In addition to the other powers conferred by state law, a remote state must have the
authority, under state due process law, to:
a. Take adverse action against a licensee's compact privilege within that member
state; and
b. 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
must 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.
2. Only the home state may have the power to take adverse action against a licensee's
home state license.
3. 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.
4. The home state shall complete any pending investigations of a licensee who changes
home states during the course of the investigations. The home state must have
authority to take appropriate action and shall promptly report the conclusions of the
investigations to the administrator of the data system. The administrator of the data
system shall promptly notify the new home state of any adverse actions.
5. 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.
6. 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.
7. Joint investigations:
a. 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.
b. Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint investigations initiated under the compact.
8. 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 in all other member states must 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 must include a statement that the licensee's
compact privileges are revoked in all member states during the pendency of the order.
9. 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 shall meet the
requirements of subsection 1 of article IV and follow the administrative requirements to
reapply to obtain a compact privilege in any remote state.
10. If a member state takes adverse action, the member state promptly shall notify the
administrator of the data system. The administrator of the data system promptly shall
notify the other member states of any adverse actions.
11. Nothing in this compact may override a member state's decision that participation in an
alternative program may be used in lieu of adverse action.
ARTICLE VIII - ESTABLISHMENT OF THE DIETITIAN
LICENSURE COMPACT COMMISSION
1. 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 article XII.
2. Membership, voting, and meetings.
a. Each member state must have and be limited to one delegate selected by that
member state's licensing authority.
b. The delegate must be the primary administrator of the licensing authority or the
licensing authority's designee.
c. The compact commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.
d. The compact commission may recommend removal or suspension of any
delegate from office.
e. A member state's licensing authority shall fill any vacancy of its delegate
occurring on the compact commission within sixty days of the vacancy.
f. Each delegate must be entitled to one vote on all matters before the compact
commission requiring a vote by the delegates.
g. Delegates shall meet and vote by the means 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.
h. 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.
3. The compact commission has the power to:
a. Establish the fiscal year of the compact commission;
b. Establish code of conduct and conflict of interest policies;
c. Establish and amend rules and bylaws;
d. Maintain the commission's financial records in accordance with the bylaws;
e. Meet and take actions consistent with the provisions of this compact, the compact
commission's rules, and the bylaws;
f. 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 may not be affected;
g. 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;
h. Purchase and maintain insurance and bonds;
i. Borrow, accept, or contract for services of personnel, including employees of a
member state;
j. Conduct an annual financial review;
k. Hire employees, elect or appoint officers, fix compensation, define duties, grant
those 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;
l. Assess and collect fees;
m. Accept 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;
n. Lease, purchase, retain, own, hold, improve, or use any property, real, personal,
or mixed, or any undivided interest therein;
o. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property real, personal, or mixed;
p. Establish a budget and make expenditures;
q. Borrow money;
r. Appoint committees, including standing committees, composed of members,
state regulators, state legislators or their representatives, and consumer
representatives, and other interested persons as may be designated in this
compact or the bylaws;
s. Provide and receive information from, and cooperate with, law enforcement
agencies;
t. Establish and elect an executive committee, including a chair and a vice chair;
u. 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
v. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
4. The executive committee.
a. The executive committee must 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:
(1) Overseeing 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 duties as deemed necessary;
(2) Recommending to the compact commission changes to the rules or bylaws,
changes to this compact legislation, fees charged to compact member
states, fees charged to licensees, and other fees;
(3) Ensuring compact administration services are provided appropriately,
including by contract;
(4) Preparing and recommending the budget;
(5) Maintaining financial records on behalf of the compact commission;
(6) Monitoring compact compliance of member states and providing compliance
reports to the compact commission;
(7) Establishing additional committees as necessary;
(8) Exercising the powers and duties of the compact commission during the
interim between compact commission meetings, except for adopting or
amending rules, adopting or amending bylaws, and exercising any other
powers and duties expressly reserved to the compact commission by rule or
bylaw; and
(9) Other duties as provided in the rules or bylaws of the compact commission.
b. The executive committee must be composed of nine members:
(1) The chair and vice chair of the compact commission, which must be voting
members of the executive committee;
(2) Five voting members from the current membership of the compact
commission, elected by the compact commission;
(3) One ex officio, nonvoting member from a recognized professional
association representing dietitians; and
(4) One ex officio, nonvoting member from a recognized national credentialing
organization for dietitians.
c. The compact commission may remove any member of the executive committee
as provided in the compact commission's bylaws.
d. The executive committee shall meet at least annually.
(1) Executive committee meetings must be open to the public, except that the
executive committee may meet in a closed, nonpublic meeting as provided
in subdivision b of subsection 6.
(2) The executive committee shall give thirty days notice of its meetings, posted
on the website of the compact commission and as determined to provide
notice to persons with an interest in the business of the compact
commission.
(3) The executive committee may hold a special meeting in accordance with
paragraph 2 of subdivision a of subsection 6.
5. The compact commission shall adopt and provide to the member states an annual
report.
6. Meetings of the compact commission.
a. All meetings must be open to the public, except that the compact commission
may meet in a closed, nonpublic meeting as provided in subdivision b of
subsection 6.
(1) Public notice for all meetings of the full compact commission must be given
in the same manner as required under the rulemaking provisions in article X,
except that the compact commission may hold a special meeting as
provided in paragraph 2 of subdivision a of subsection 6.
(2) The compact commission may hold a special meeting when it must meet to
conduct emergency business by giving twenty-four hours' notice to all
member states, on the compact commission's website, and other means as
provided in the compact commission's rules. The compact commission's
legal counsel shall certify that the compact commission's need to meet
qualifies as an emergency.
b. The compact commission or the executive committee or other committees of the
compact commission may convene in a closed, nonpublic meeting for the
compact commission or executive committee or other committees of the compact
commission to receive legal advice or to discuss:
(1) Noncompliance of a member state with its obligations under the compact;
(2) The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees;
(3) Current or threatened discipline of a licensee by the compact commission or
by a member state's licensing authority;
(4) Current, threatened, or reasonably anticipated litigation;
(5) Negotiation of contracts for the purchase, lease, or sale of goods, services,
or real estate;
(6) Accusing a person of a crime or formally censuring a person;
(7) Trade secrets or commercial or financial information that is privileged or
confidential;
(8) Information of a personal nature if disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(9) Investigative records compiled for law enforcement purposes;
(10) 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;
(11) Matters specifically exempted from disclosure by federal or member state
law; or
(12) Other matters as specified in the rules of the compact commission.
c. If a meeting or portion of a meeting is closed, the presiding officer shall state the
meeting will be closed and reference each relevant exempting provision and the
reference must be recorded in the minutes.
d. The compact commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and provide a full and accurate summary of
actions taken and the reasons for taking the action, including a description of the
views expressed. The documents considered in connection with an action must
be identified in the minutes. The minutes and documents of a closed meeting
must remain under seal, subject to release only by a majority vote of the compact
commission or order of a court of competent jurisdiction.
7. Financing of the compact commission.
a. The compact commission shall pay, or provide for the payment of, the reasonable
expenses of the commission's establishment, organization, and ongoing
activities.
b. The compact commission may accept all appropriate revenue sources as
provided in subdivision m of subsection 3.
c. 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
must be allocated based upon a formula that the compact commission shall
promulgate by rule.
d. The compact commission may not incur an obligation before securing the funds
adequate to meet the obligation, nor shall the compact commission pledge the
credit of any of the member states, except by and with the authority of the
member state.
e. The compact commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the compact commission must
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 must be subject to an annual financial review by a certified
or licensed public accountant and the report of the financial review must be
included in and become part of the annual report of the compact commission.
8. Qualified immunity, defense, and indemnification.
a. The members, officers, executive director, employees, and representatives of the
compact commission must 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 individual against whom
the claim is made had a reasonable basis for believing occurred within the scope
of compact commission employment, duties, or responsibilities provided that
nothing in this subdivision may be construed to protect the individual from suit or
liability for any damage, loss, injury, or liability caused by the intentional, willful, or
wanton misconduct of that individual. The procurement of insurance of any type
by the compact commission may not compromise or limit the immunity granted
hereunder.
b. 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
individual 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 may be construed to prohibit that
individual from retaining the individual's own counsel at the individual's own
expense and provided further that the actual or alleged act, error, or omission did
not result from that individual's intentional, willful, or wanton misconduct.
c. 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 individual 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 the
individual 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, willful,
or wanton misconduct of that individual.
d. Nothing herein may be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which must be governed solely by any
other applicable state laws.
e. Nothing in this compact may 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.
f. Nothing in this compact may be construed to be a waiver of sovereign immunity
by the member states or by the compact commission.
ARTICLE IX - DATA SYSTEM
1. The compact commission shall provide for the development, maintenance, operation,
and utilization of a coordinated data system.
2. The compact commission shall assign each applicant for a compact privilege a unique
identifier, as determined by the rules.
3. 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:
a. Identifying information;
b. Licensure data;
c. Adverse actions against a license or compact privilege and information related to
the adverse action;
d. Nonconfidential information related to alternative program participation, the
beginning and ending dates of the participation, and other information related to
the participation not made confidential under member state law;
e. Any denial of application for licensure, and the reason for the denial;
f. The presence of current significant investigative information; and
g. 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.
4. 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 of the
commission, shall constitute the authenticated business records of the compact
commission, and must be entitled to any associated hearsay exception in a relevant
judicial, quasi-judicial, or administrative proceeding in a member state.
5. Current significant investigative information pertaining to a licensee in any member
state will be available only to other member states.
6. 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.
7. 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.
8. Any information submitted to the data system which is subsequently expunged
pursuant to federal law or the laws of the member state contributing the information
must be removed from the data system.
ARTICLE X - RULEMAKING
1. The compact commission shall promulgate reasonable rules to effectively and
efficiently implement and administer the purposes and provisions of the compact. A
rule has no force or effect if a court of competent jurisdiction holds 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 under the
compact, or based upon another applicable standard of review.
2. The rules of the compact commission must have the force of law in each member
state, provided that if 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 the licensed dietitian may
do so, as held by a court of competent jurisdiction, the rules of the compact
commission are ineffective in that state to the extent of the conflict.
3. The compact commission shall exercise its rulemaking powers pursuant to the criteria
and rules set forth and adopted under this section. Rules become binding on the day
following adoption or as of the date specified in the rule or amendment, whichever is
later.
4. If a majority of the legislatures of the member states rejects a rule or portion of a rule,
by enactment of a statute or resolution in the same manner used to adopt the compact
within four years of the date of adoption of the rule, then the rule has no further force
and effect in any member state.
5. Rules must be adopted at a regular or special meeting of the compact commission.
6. Before adoption of a proposed rule, the compact commission shall hold a public
hearing and allow individuals to provide oral and written comments, data, facts,
opinions, and arguments.
7. Before adoption of a proposed rule by the compact commission, and at least thirty
days in advance of the meeting at which the compact commission will hold a public
hearing on the proposed rule, the compact commission shall provide a notice of
proposed rulemaking:
a. On the website of the compact commission or other publicly accessible platform;
b. To persons who have requested notice of the compact commission's notices of
proposed rulemaking; and
c. In such other way as the compact commission may by rule specify.
8. The notice of proposed rulemaking must include:
a. 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 at which the compact commission will
consider and vote on the proposed rule;
b. 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;
c. The text of the proposed rule and the reason for the rule;
d. A request for comments on the proposed rule from any interested person; and
e. The manner in which interested persons may submit written comments.
9. 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
must be available to the public.
10. Nothing in this section may 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.
11. 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.
a. The compact commission may adopt changes to the proposed rule provided the
changes do not enlarge the original purpose of the proposed rule.
b. 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.
c. The compact commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in subsection 12 of article X, the effective
date of the rule must be no sooner than thirty days after issuing the notice that
the commission adopted or amended the rule.
12. Upon determination that an emergency exists, the compact commission may consider
and adopt an emergency rule with twenty-four hours' notice and with opportunity to
comment, provided that the usual rulemaking procedures provided in the compact and
in this section must be retroactively applied to the rule as soon as reasonably possible,
in no event later than ninety days after the effective date of the rule. For the purposes
of this provision, an emergency rule is one that must be adopted immediately in order
to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of compact commission or member state funds;
c. Meet a deadline for the promulgation of a rule that is established by federal law or
rule; or
d. Protect public health and safety.
13. 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 must be posted on the website of the compact commission. The revision
must be subject to challenge by any person for a period of thirty days after posting.
The revision may be challenged only on grounds that the revision results in a material
change to a rule. A challenge must be made in writing and delivered to the compact
commission before 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.
14. A member state's rulemaking requirements may not apply under this compact.
ARTICLE XI - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1. Oversight.
a. 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.
b. Except as otherwise provided in this compact, venue is proper and judicial
proceedings by or against the compact commission must 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.
c. The compact commission must 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 that 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.
2. Default, technical assistance, and termination.
a. If the compact commission determines 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.
b. The compact commission shall provide a copy of the notice of default to the other
member states.
3. 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.
4. Termination of membership in the compact must be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
must 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.
5. 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.
6. Upon the termination of a state's membership from this compact, that state shall
immediately provide notice to all licensees within that state of the 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 the notice of termination.
7. The compact commission may 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.
8. The defaulting state may appeal the action of the compact commission by petitioning
the United States district court for the District of Columbia or the federal district where
the compact commission has its principal offices. The prevailing party must be
awarded all costs of the litigation, including reasonable attorney's fees.
9. Dispute resolution.
a. Upon request by a member state, the compact commission shall attempt to
resolve disputes related to the compact that arise among member states and
between member and nonmember states.
b. The compact commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes as appropriate.
10. Enforcement.
a. 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
must be awarded all costs of the litigation, including reasonable attorney's fees.
The remedies herein may 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.
b. A member state may initiate legal action against the compact commission 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 must be awarded all costs of the litigation,
including reasonable attorney's fees.
c. No party other than a member state may enforce this compact against the
compact commission.
ARTICLE XII - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
1. The compact shall come into effect on the date on which the compact statute is
enacted into law in the seventh member state.
a. 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 charter
member state is materially different than the model compact statute.
(1) A charter member state whose enactment is found to be materially different
from the model compact statute must be entitled to the default process set
forth in article XI.
(2) If any member state is later found to be in default, 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 is less than seven.
b. Member states enacting the compact subsequent to the seven initial charter
member states must be subject to the process set forth in subdivision u of
subsection 3 of article VIII to determine if the member state's enactments are
materially different from the model compact statute and whether the member
states qualify for participation in the compact.
c. All actions taken for the benefit of the compact commission or in furtherance of
the purposes of the administration of the compact before the effective date of the
compact or the compact commission coming into existence must be considered
to be actions of the compact commission unless specifically repudiated by the
compact commission.
d. Any state that joins the compact subsequent to the compact commission's initial
adoption of the rules and bylaws is subject to the rules and bylaws as the rules
and bylaws exist on the date on which the compact becomes law in that state.
Any rule that has been adopted previously by the compact commission must
have the full force and effect of law on the day the compact becomes law in that
state.
2. Any member state may withdraw from this compact by enacting a statute repealing the
compact.
a. A member state's withdrawal may not take effect until one hundred eighty days
after enactment of the repealing statute.
b. Withdrawal may 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 before the effective date of withdrawal.
c. Upon the enactment of a statute withdrawing from this compact, a state
immediately shall provide notice of the withdrawal to all licensees within that
state. Notwithstanding any subsequent statutory enactment to the contrary, the
withdrawing state shall continue to recognize all compact privileges granted
pursuant to this compact for a minimum of one hundred eighty days after the date
of the notice of withdrawal.
3. Nothing contained in this compact may be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this compact.
4. This compact may be amended by the member states. No amendment to this compact
may become effective and binding upon any member state until it is enacted into the
laws of all member states.
ARTICLE XIII - CONSTRUCTION AND SEVERABILITY
1. This compact and the compact commission's rulemaking authority must 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 may not be construed to limit the compact commission's
rulemaking authority solely for those purposes.
2. The provisions of this compact must 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.
3. Notwithstanding subsection 2, the compact commission may deny a state's
participation in the compact or, in accordance with the requirements of subsection 2 of
article XI, 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 must 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.
ARTICLE XIV - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
1. Nothing herein may prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
2. 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.
3. All permissible agreements between the compact commission and the member states
are binding in accordance with the terms of the agreement.