KRS 310.090: 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 A ccreditation 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 nondisciplinary monitoring or practice remediation process approved by a licensing authority; E. "CDR" means the Commission on Dietetic Registration or its successor organization; F. "Charter member state" means any member state which enacted this compact by law before the effective date specified in Section 12 of this compact; G. "Compact commission" means the government agency whose membership consists of all states that have enacted this compact, which i s known as the Dietitian Licensure Compact Commission, as described in Section 8 of this compact, and which shall operate as an instrumentality of the member states; H. "Compact privilege" means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state;

I. "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; 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 regar dless 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 st ate" means the member state that is the licensee’s primary state of residence or that has been designated pursuant to Section 6 of this compact; 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 of this compact;

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 administrative regulations, primarily for the provision of nutrition care

services, including medical nutrition therapy, in person or via telehealth, to preven t,

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 C DR 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; and

BB. "Unencumbered license" means a license tha t 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 the 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 rec ord

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 feder al 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 of this compact in accordanc e 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 (1) 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 ACEND or by 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

(b) An academic degree from a college or university in a foreign

country equivalent to the degree described in subsection A.1.b.i. of

this section that is programmatically accredited by ACEND or by

a dietetics accrediting agency recognized by the United States

Department of Education, which the compact commission may by

rule determine;

ii. A planned, documented, superv ised practice experience in

dietetics that is programmatically accredited by ACEND or by 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 o ne thousand (1,000)

hours of practice experience under the supervision of a registered

dietitian or a licensed dietitian; and

iii. 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 such completion being no more than five (5) 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 or states;

4. Pay any applicable fees, including any state fee, for the compact privilege;

5. Meet any jurisprudence requirements established by the remote state or states

in which the licensee is seeking a compact privilege; and

6. Report to the compact commission any adver se action, encumbrance, or

restriction on a license taken by any nonmember state within thirty (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 privil ege, 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 subsection A. of this

section to maintain the compact privilege in the remote state or states.

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 comp act privilege in

other member states, in only one (1) member state at a time.

B. If a licensee changes home state by moving between two (2) 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 st ate shall verify that the licensee

meets the criteria in Section 4 of this compact 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 sta te 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 of this compact, the new home s tate may apply

its requirements for issuing a new single state license; and

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

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.

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 (1) 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 actio n 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 au thority 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 t he course of the investigations. The home state shall

also have authority to take appropriate action and shall promptly report the

conclusions of the investigations to the administrator of the data system. The

administrator of the data system shall promptl y 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 gra nted 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 resulting

in an encumbrance on the home state license, the licensee’s compact privilege in all

other member states shall be revo ked 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 4A. of this compact and follow t he 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 notif y 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 commis sion

is an instrumentality of the compact states acting jointly and not an instrumentality

of any one (1) state. The compact commission shall come into existence on or after

the effective date of the compact as set forth in Section 12 of this compact.

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 sixty (60) days of the vacancy.

6. Each delegate shall be entitled to one (1) 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 l east 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 th e 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 r ecords 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, equ ipment, 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, ow n, 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, 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 a ctivities 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 t he 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 (9) members:

a. The chair and vice chair of the compact commission shall be voting

members of the executive committee;

b. Five (5) voting members from the current membership of the compact

commission, elected by the compact commission;

c. One (1) ex officio, nonvoting member from a recognized professional

association representing dietitians; and

d. One (1) ex officio, nonvoti ng 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, nonpublic meeting as

provided in subsection F.2. of this section.

b. The executive committee shall give thirty (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. of this section.

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, nonpublic meeting as provided in subsection F.2. of this

section.

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 of this compact, except that the compact commission may

hold a special meeting as provided in subsection F.1.b. of this section.

b. The compact commission may hold a special meeting when it must meet

to conduct emergency business by giving twenty -four (24) hours’ notice

to all member stat es, on the compact commission’s website, and other

means as provided in the compact commission’s rules. The compact

commission’s legal counsel shall certify that the compact commission’s

need to meet qualifies as an emergency.

2. The compact commission or the executive committee or other committees of

the compact commission may convene in a closed, nonpublic meeting for the

compact commission or executive committee or other committees of the

compact commission to receive legal advice or to discuss:

a. Noncompliance of a member state with its obligations under the

compact;

b. The employment, compensation, discipline, or other matters, practices,

or procedures related to specific employees;

c. Current or threatened discipline of a licensee by the compact

commission or by a member state’s licensing authority;

d. Current, threatened, or reasonably anticipated litigation;

e. Negotiation of contracts for the purchase, lease, or sale of goods,

services, or real estate;

f. Accusing any person of a crime or formally censuring any person;

g. Trade secrets or commercial or financial information that is privileged

or confidential;

h. Information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

i. Investigative records compiled for law enforcement purposes;

j. Information related to any investigative reports prepared by or on beh alf

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 des cription 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. of this section.

3. The compact commission may levy on and collect an annual assessment from

each member state and impose fees on licensees of member state s 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 commissio n 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 t he 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 indemn ify 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 tha t

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 a ctual 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, w hich 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 und er 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.

7. The lia bility of the executive director and employees of the compact

commission or representatives of the compact commission, acting within the

scope of such person's employment or duties for acts, errors, or omissions,

may not exceed the limits of liability set forth under the constitution and laws

of this state for state officials, employees, and agents. The compact

commission is considered to be an instrumentality of the states for the

purposes of any such action.

SECTION 9.

DATA SYSTEM

A. The compact commissi on 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 sys tem on all individuals to whom this

compact is applicable as required by the rules of the compact commission,

including:

1. Identifying information;

2. Licensure data;

3. Adverse actions against a license or compact privilege and information related

thereto;

4. Nonconfidential information related to alternative program participation, the

beginning and ending dates of such participation, and other information

related to such participation not made confidential under member state law;

5. Any denial of application for licensure, and the reasons 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 th e 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 reco rds 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 p rocesses 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 adop tion 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 com mission 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 t he compact commission’s notices

of proposed rulemaking; and

3. In such other ways 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 therefor;

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 convenien ce 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 commis sion 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 r easons 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 subsection 10.L. of this section,

the effective date of the rule shall be no sooner than thirty (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 twenty -four (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 effec tive 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 a dopted 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 p rincipal 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 enforcemen t 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 n otice 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 sh all 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 licens ees 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 (6) months after the date of said

notice of termination.

G. The compact commission shal l 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 United States 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 r easonable

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 nonmember states.

2. The compact co mmission 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 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.

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 (7) 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 enact ment is found to be materially

different from the model compact statute shall be entitled to the default

process set forth in Section 11 of this compact.

b. If any member state is later found to be in default, or is terminated, or

withdraws from the compac t, 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 (7).

2. Member states enacting the compact subsequent to the seven (7) initial charter

member states s hall be subject to the process set forth in Section 8.C.21. of

this compact 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 be nefit 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 un less 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 com pact 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 enactin g a statute repealing

the same.

1. A member state’s withdrawal shall not take effect until one hundred eighty

(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 one hundred eighty (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 nonmember state that does not conflict with the provisions of this compact.

D. This compact may be amended by the member states. No amendment to this

compact shall become effective and binding upon any member state until it is

enacted into the laws of all member states.

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 prom ulgation 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 unc onstitutional by a court of

competent jurisdiction, the validity of the remainder of this compact and the

applicability thereof to any other government, agency, person, or circumstance shall

not be affected thereby.

C. Notwithstanding subsection B. of this section, the compact commission may deny a

state’s participation in the compact or, in accordance with the requirements of

Section 11.B. of this compact, terminate a member state’s participation in the

compact, if it determines that a constitutional requ irement 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 t he member

states are binding in accordance with their terms.

SECTION 15.

APPLICABILITY TO KENTUCKY STATE GOVERNMENT

In order to clarify the effect of certain provisions of this compact and to ensure that the

rights and responsibilities of the various branc hes of government are maintained, the

following shall be in effect in this state:

A. By entering into this compact, this state authorizes the state licensing authority as

defined in Section 2.T. of this compact and as created by KRS 310.040 to

implement the provisions of this compact;

B. Notwithstanding any provision of this compact to the contrary:

1. When a rule is adopted pursuant to Section 10 of this compact, the state

licensing authority as defined in Section 2.T. of this compact shall have sixty

(60) days to review the rule for the purpose of filing the rule as an emergency

administrative regulation pursuant to KRS 13A.190 and for filing the rule as

an accompanying ordinary administrative regulation, following the

requirements of KRS Chapter 13A. Fail ure by the state licensing authority as

defined in Section 2.T. of this compact to promulgate a rule adopted by the

Dietitian Licensure Compact Commission as an administrative regulation

pursuant to KRS Chapter 13A shall result in the initiation of the pro cess for

withdrawal as set forth in Section 12 of this compact. Nothing in these

provisions shall negate the applicability and effect of a commission rule or

Section 11 of this compact to this state;

2. If the proposed administrative regulation is found de ficient and the deficiency

is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of

Section 11 of this compact shall apply. If the deficiency is resolved in a

manner determined by the Dietitian Licensure Compact Commission to be

inconsistent with this compact or its rules, or if the procedures under Section

11 of this compact fail to resolve an issue, the withdrawal provisions of

Section 12 of this compact shall apply; and

3. If a court of competent jurisdiction determines that the Dietitian Li censure

Compact Commission created by Section 8 of this compact exercises its

rulemaking authority in a manner that is beyond the scope of the purposes of

this compact, or the powers granted under this compact, then such an action

by the commission shall be invalid and have no force or effect;

C. Section 8.G. of this compact pertaining to the financing of the Dietitian Licensure

Compact Commission shall not be interpreted to obligate the general fund of this

state. Any funds used to finance this compact sha ll be from money collected

pursuant to KRS 310.041; and

D. This compact shall apply only to those dietitians who practice or work under a

compact privilege.