{"data":{"id":"us-ky/krs-310.090","jurisdiction":"us-ky","citation":"KRS 310.090","heading":"Dietitian Licensure Compact.","body":"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;\nC. Eliminate the necessity for licenses in multiple states;\nD. 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\nI. 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;\nC. \"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;\nD. \"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;\nI. \"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:\n1. 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\n2. 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;\nL. \"Encumbered license\" means a license in which an adverse action restricts a licensee’s ability to practice dietetics;\nM. \"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:\n1. Engage in the practice of dietetics, including medical nutrition therapy; or\n2. Use the title \"dietitian,\" \"licensed dietitian,\" \"licensed dietitian nutritionist,\"\n\"certified dietitian,\" or other title describing a substantially similar practitioner\nas the compact commission may further define by rule;\nS. \"Licensee\" or \"licensed dietitian\" means an individual who currently holds a license\nand who meets all of the requirements outlined in Section 4 of this compact;\nT. \"Licensing authority\" means the board or agency of a state, or equivalent, that is\nresponsible for the licensing and regulation of the practice of dietetics;\nU. \"Member state\" means a state that has enacted the compact;\nV. \"Practice of dietetics\" means the synthesis and application of dietetics as defined by\nstate law and administrative regulations, primarily for the provision of nutrition care\nservices, including medical nutrition therapy, in person or via telehealth, to preven t,\nmanage, or treat diseases or medical conditions and promote wellness;\nW. \"Registered dietitian\" means a person who:\n1. Has completed applicable education, experience, examination, and\nrecertification requirements approved by CDR;\n2. Is credentialed by C DR as a registered dietitian or a registered dietitian\nnutritionist; and\n3. Is legally authorized to use the title registered dietitian or registered dietitian\nnutritionist and the corresponding abbreviations \"RD\" or \"RDN\";\nX. \"Remote state\" means a member state other than the home state, where a licensee is\nexercising or seeking to exercise a compact privilege;\nY. \"Rule\" means a regulation promulgated by the compact commission that has the\nforce of law;\nZ. \"Single state license\" means a license issued by a  member state within the issuing\nstate and does not include a compact privilege in any other member state;\nAA. \"State\" means any state, commonwealth, district, or territory of the United States of\nAmerica; and\nBB. \"Unencumbered license\" means a license tha t authorizes a licensee to engage in the\nfull and unrestricted practice of dietetics.\nSECTION 3.\nSTATE PARTICIPATION IN THE COMPACT\nA. To participate in the compact, a state must currently:\n1. License and regulate the practice of dietetics; and\n2. Have a mechanism in place for receiving and investigating complaints about\nlicensees.\nB. A member state shall:\n1. Participate fully in the compact commission’s data system, including using\nthe unique identifier as defined in the rules;\n2. Notify the compact commission, in compliance with the terms of the compact\nand rules, of any adverse action or the availability of current significant\ninvestigative information regarding a licensee;\n3. Implement or utilize procedures for considering the criminal history rec ord\ninformation of applicants for an initial compact privilege. These procedures\nshall include the submission of fingerprints or other biometric -based\ninformation by applicants for the purpose of obtaining an applicant’s criminal\nhistory record information  from the Federal Bureau of Investigation and the\nagency responsible for retaining that state’s criminal records.\na. A member state must fully implement a criminal history record\ninformation requirement, within a time frame established by rule, which\nincludes receiving the results of the Federal Bureau of Investigation\nrecord search and shall use those results in determining compact\nprivilege eligibility.\nb. Communication between a member state and the compact commission\nor among member states regarding the verification of eligibility for a\ncompact privilege shall not include any information received from the\nFederal Bureau of Investigation relating to a feder al criminal history\nrecord information check performed by a member state;\n4. Comply with and enforce the rules of the compact commission;\n5. Require an applicant for a compact privilege to obtain or retain a license in the\nlicensee’s home state and meet the home state’s qualifications for licensure or\nrenewal of licensure, as well as all other applicable state laws; and\n6. Recognize a compact privilege granted to a licensee who meets all of the\nrequirements outlined in Section 4 of this compact in accordanc e with the\nterms of the compact and rules.\nC. Member states may set and collect a fee for granting a compact privilege.\nD. Individuals not residing in a member state shall continue to be able to apply for a\nmember state’s single state license as provided under the laws of each member\nstate. However, the single state license granted to these individuals shall not be\nrecognized as granting a compact privilege to engage in the practice of dietetics in\nany other member state.\nE. Nothing in this compact shall affect the requirements established by a member state\nfor the issuance of a single state license.\nF. At no point shall the compact commission have the power to define the\nrequirements for the issuance of a single state license to practice dietetics. The\nmember states shall retain sole jurisdiction over the provision of these requirements.\nSECTION 4.\nCOMPACT PRIVILEGE\nA. To exercise the compact privilege under the terms and provisions of the compact,\nthe licensee shall:\n1. Satisfy one (1) of the following:\na. Hold a valid current registration that gives the applicant the right to use\nthe term registered dietitian; or\nb. Complete all of the following:\ni. An education program which is either:\n(a) A master’s degree or doctoral degree that is\nprogrammatically accredited by ACEND or by a dietetics\naccrediting agency recognized by the United States Department of\nEducation, which the compact commission may by rule determine,\nand from a college or university accredited at the time of\ngraduation by the appropriate  regional accrediting agency\nrecognized by the Council on Higher Education Accreditation and\nthe United States Department of Education; or\n(b) An academic degree from a college or university in a foreign\ncountry equivalent to the degree described in subsection A.1.b.i. of\nthis section that is programmatically accredited by ACEND or by\na dietetics accrediting agency recognized by the United States\nDepartment of Education, which the compact commission may by\nrule determine;\nii. A planned, documented, superv ised practice experience in\ndietetics that is programmatically accredited by ACEND or by a\ndietetics accrediting agency recognized by the United States\nDepartment of Education which the compact commission may by\nrule determine and which involves at least o ne thousand (1,000)\nhours of practice experience under the supervision of a registered\ndietitian or a licensed dietitian; and\niii. Successful completion of either the registration examination for\ndietitians administered by CDR or a national credentialing\nexamination for dietitians approved by the compact commission\nby rule, with such completion being no more than five (5) years\nprior to the date of the licensee’s application for initial licensure\nand accompanied by a period of continuous licensure thereafter, all\nof which may be further governed by the Rules of the compact\ncommission;\n2. Hold an unencumbered license in the home state;\n3. Notify the compact commission that the licensee is seeking a compact\nprivilege within a remote state or states;\n4. Pay any applicable fees, including any state fee, for the compact privilege;\n5. Meet any jurisprudence requirements established by the remote state or states\nin which the licensee is seeking a compact privilege; and\n6. Report to the compact commission any adver se action, encumbrance, or\nrestriction on a license taken by any nonmember state within thirty (30) days\nfrom the date the action is taken.\nB. The compact privilege is valid until the expiration date of the home state license. To\nmaintain a compact privil ege, renewal of the compact privilege shall be congruent\nwith the renewal of the home state license as the compact commission may define\nby rule. The licensee must comply with the requirements of subsection A. of this\nsection to maintain the compact privilege in the remote state or states.\nC. A licensee exercising a compact privilege shall adhere to the laws and regulations\nof the remote state. Licensees shall be responsible for educating themselves on, and\ncomplying with, any and all state laws relating to the practice of dietetics in such\nremote state.\nD. Notwithstanding anything to the contrary provided in this compact or state law, a\nlicensee exercising a compact privilege shall not be required to complete continuing\neducation requirements required by a remote state. A licensee exercising a compact\nprivilege is only required to meet any continuing education requirements as\nrequired by the home state.\nSECTION 5.\nOBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT\nPRIVILEGE\nA. A licensee may hold a home state license, which allows for a comp act privilege in\nother member states, in only one (1) member state at a time.\nB. If a licensee changes home state by moving between two (2) member states:\n1. The licensee shall file an application for obtaining a new home state license\nbased on a compact privilege, pay all applicable fees, and notify the current\nand new home state in accordance with the rules of the compact commission;\n2. Upon receipt of an application for obtaining a new home state license by\nvirtue of a compact privilege, the new home st ate shall verify that the licensee\nmeets the criteria in Section 4 of this compact via the data system, and require\nthat the licensee complete the following:\na. Federal Bureau of Investigation fingerprint based criminal history record\ninformation check;\nb. Any other criminal history record information required by the new home\nstate; and\nc. Any jurisprudence requirements of the new home state;\n3. The former home state shall convert the former home state license into a\ncompact privilege once the new home sta te has activated the new home state\nlicense in accordance with applicable rules adopted by the compact\ncommission;\n4. Notwithstanding any other provision of this compact, if the licensee cannot\nmeet the criteria in Section 4 of this compact, the new home s tate may apply\nits requirements for issuing a new single state license; and\n5. The licensee shall pay all applicable fees to the new home state in order to be\nissued a new home state license.\nC. If a licensee changes their state of residence by moving from  a member state to a\nnonmember state, or from a nonmember state to a member state, the state criteria\nshall apply for issuance of a single state license in the new state.\nD. Nothing in this compact shall interfere with a licensee’s ability to hold a single state\nlicense in multiple states; however, for the purposes of this compact, a licensee\nshall have only one (1) home state license.\nE. Nothing in this compact shall affect the requirements established by a member state\nfor the issuance of a single state license.\nSECTION 6.\nACTIVE MILITARY MEMBERS OR THEIR SPOUSES\nAn active military member, or their spouse, shall designate a home state where the\nindividual has a current license in good standing. The individual may retain the home\nstate designation during the period the service member is on active duty.\nSECTION 7.\nADVERSE ACTIONS\nA. In addition to the other powers conferred by state law, a remote state shall have the\nauthority, in accordance with existing state due process law, to:\n1. Take adverse actio n against a licensee’s compact privilege within that\nmember state; and\n2. Issue subpoenas for both hearings and investigations that require the\nattendance and testimony of witnesses as well as the production of evidence.\nSubpoenas issued by a licensing au thority in a member state for the\nattendance and testimony of witnesses or the production of evidence from\nanother member state shall be enforced in the latter state by any court of\ncompetent jurisdiction, according to the practice and procedure applicable  to\nsubpoenas issued in proceedings pending before that court. The issuing\nauthority shall pay any witness fees, travel expenses, mileage, and other fees\nrequired by the service statutes of the state in which the witnesses or evidence\nare located.\nB. Only the home state shall have the power to take adverse action against a licensee’s\nhome state license.\nC. For purposes of taking adverse action, the home state shall give the same priority\nand effect to reported conduct received from a member state as it  would if the\nconduct had occurred within the home state. In so doing, the home state shall apply\nits own state laws to determine appropriate action.\nD. The home state shall complete any pending investigations of a licensee who\nchanges home states during t he course of the investigations. The home state shall\nalso have authority to take appropriate action and shall promptly report the\nconclusions of the investigations to the administrator of the data system. The\nadministrator of the data system shall promptl y notify the new home state of any\nadverse actions.\nE. A member state, if otherwise permitted by state law, may recover from the affected\nlicensee the costs of investigations and dispositions of cases resulting from any\nadverse action taken against that licensee.\nF. A member state may take adverse action based on the factual findings of another\nremote state, provided that the member state follows its own procedures for taking\nthe adverse action.\nG. Joint Investigations:\n1. In addition to the authority gra nted to a member state by its respective state\nlaw, any member state may participate with other member states in joint\ninvestigations of licensees.\n2. Member states shall share any investigative, litigation, or compliance\nmaterials in furtherance of any joint investigation initiated under the compact.\nH. If adverse action is taken by the home state against a licensee’s home state resulting\nin an encumbrance on the home state license, the licensee’s compact privilege in all\nother member states shall be revo ked until all encumbrances have been removed\nfrom the home state license. All home state disciplinary orders that impose adverse\naction against a licensee shall include a statement that the licensee’s compact\nprivileges are revoked in all member states during the pendency of the order.\nI. Once an encumbered license in the home state is restored to an unencumbered\nlicense, as certified by the home state’s licensing authority, the licensee must meet\nthe requirements of Section 4A. of this compact and follow t he administrative\nrequirements to reapply to obtain a compact privilege in any remote state.\nJ. If a member state takes adverse action, it shall promptly notify the administrator of\nthe data system. The administrator of the data system shall promptly notif y the\nother member states state of any adverse actions.\nK. Nothing in this compact shall override a member state’s decision that participation\nin an alternative program may be used in lieu of adverse action.\nSECTION 8.\nESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT\nCOMMISSION\nA. The compact member states hereby create and establish a joint government agency\nwhose membership consists of all member states that have enacted the compact\nknown as the Dietitian Licensure Compact Commission. The compact commis sion\nis an instrumentality of the compact states acting jointly and not an instrumentality\nof any one (1) state. The compact commission shall come into existence on or after\nthe effective date of the compact as set forth in Section 12 of this compact.\nB. Membership, Voting, and Meetings.\n1. Each member state shall have and be limited to one (1) delegate selected by\nthat member state’s licensing authority.\n2. The delegate shall be the primary administrator of the licensing authority or\ntheir designee.\n3. The compact commission shall by rule or bylaw establish a term of office for\ndelegates and may by rule or bylaw establish term limits.\n4. The compact commission may recommend removal or suspension of any\ndelegate from office.\n5. A member state’s licensing authority shall fill any vacancy of its delegate\noccurring on the compact commission within sixty (60) days of the vacancy.\n6. Each delegate shall be entitled to one (1) vote on all matters before the\ncompact commission requiring a vote by the delegates.\n7. Delegates shall meet and vote by such means as set forth in the bylaws. The\nbylaws may provide for delegates to meet and vote in -person or by\ntelecommunication, video conference, or other means of communication.\n8. The compact commission shall meet at l east once during each calendar year.\nAdditional meetings may be held as set forth in the bylaws. The compact\ncommission may meet in person or by telecommunication, video conference,\nor other means of communication.\nC. The compact commission shall have the following powers:\n1. Establish the fiscal year of the compact commission;\n2. Establish code of conduct and conflict of interest policies;\n3. Establish and amend rules and bylaws;\n4. Maintain its financial records in accordance with the bylaws;\n5. Meet and take such actions as are consistent with the provisions of this\ncompact, the compact commission’s rules, and the bylaws;\n6. Initiate and conclude legal proceedings or actions in th e name of the compact\ncommission, provided that the standing of any licensing authority to sue or be\nsued under applicable law shall not be affected;\n7. Maintain and certify records and information provided to a member state as\nthe authenticated business r ecords of the compact commission, and designate\nan agent to do so on the compact commission’s behalf;\n8. Purchase and maintain insurance and bonds;\n9. Borrow, accept, or contract for services of personnel, including but not limited\nto employees of a member state;\n10. Conduct an annual financial review;\n11. Hire employees, elect or appoint officers, fix compensation, define duties,\ngrant such individuals appropriate authority to carry out the purposes of the\ncompact, and establish the compact commission’s personnel policies and\nprograms relating to conflicts of interest, qualifications of personnel, and\nother related personnel matters;\n12. Assess and collect fees;\n13. Accept any and all appropriate donations, grants of money, other sources of\nrevenue, equ ipment, supplies, materials, services, and gifts, and receive,\nutilize, and dispose of the same; provided that at all times the compact\ncommission shall avoid any actual or appearance of impropriety or conflict of\ninterest;\n14. Lease, purchase, retain, ow n, hold, improve, or use any property, real,\npersonal, or mixed, or any undivided interest therein;\n15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed;\n16. Establish a budget and make expenditures;\n17. Borrow money;\n18. Appoint committees, including standing committees, composed of members,\nstate regulators, state legislators or their representatives, consumer\nrepresentatives, and such other interested persons as may be designated  in this\ncompact or the bylaws;\n19. Provide and receive information from, and cooperate with, law enforcement\nagencies;\n20. Establish and elect an executive committee, including a chair and a vice chair;\n21. Determine whether a state’s adopted language is materially different from the\nmodel compact language such that the state would not qualify for\nparticipation in the compact; and\n22. Perform such other functions as may be necessary or appropriate to achieve\nthe purposes of this compact.\nD. The Executive Committee.\n1. The executive committee shall have the power to act on behalf of the compact\ncommission according to the terms of this compact. The powers, duties, and\nresponsibilities of the executive committee shall include:\na. Oversee the day -to-day a ctivities of the administration of the compact\nincluding enforcement and compliance with the provisions of the\ncompact, its rules and bylaws, and other such duties as deemed\nnecessary;\nb. Recommend to the compact commission changes to the rules or bylaws,\nchanges to this compact legislation, fees charged to compact member\nstates, fees charged to licensees, and other fees;\nc. Ensure compact administration services are appropriately provided,\nincluding by contract;\nd. Prepare and recommend the budget;\ne. Maintain financial records on behalf of the compact commission;\nf. Monitor compact compliance of member states and provide compliance\nreports to the compact commission;\ng. Establish additional committees as necessary;\nh. Exercise the powers and duties of t he compact commission during the\ninterim between compact commission meetings, except for adopting or\namending rules, adopting or amending bylaws, and exercising any other\npowers and duties expressly reserved to the compact commission by rule\nor bylaw; and\ni. Other duties as provided in the rules or bylaws of the compact\ncommission.\n2. The executive committee shall be composed of nine (9) members:\na. The chair and vice chair of the compact commission shall be voting\nmembers of the executive committee;\nb. Five (5) voting members from the current membership of the compact\ncommission, elected by the compact commission;\nc. One (1) ex officio, nonvoting member from a recognized professional\nassociation representing dietitians; and\nd. One (1) ex officio, nonvoti ng member from a recognized national\ncredentialing organization for dietitians.\n3. The compact commission may remove any member of the executive\ncommittee as provided in the compact commission’s bylaws.\n4. The executive committee shall meet at least annually.\na. Executive committee meetings shall be open to the public, except that\nthe executive committee may meet in a closed, nonpublic meeting as\nprovided in subsection F.2. of this section.\nb. The executive committee shall give thirty (30) days’ notice of its\nmeetings, posted on the website of the compact commission and as\ndetermined to provide notice to persons with an interest in the business\nof the compact commission.\nc. The executive committee may hold a special meeting in accordance with\nsubsection F.1.b. of this section.\nE. The compact commission shall adopt and provide to the member states an annual\nreport.\nF. Meetings of the Compact Commission.\n1. All meetings shall be open to the public, except that the compact commission\nmay meet in a closed, nonpublic meeting as provided in subsection F.2. of this\nsection.\na. Public notice for all meetings of the full compact commission shall be\ngiven in the same manner as required under the rulemaking provisions\nin Section 10 of this compact, except that the compact commission may\nhold a special meeting as provided in subsection F.1.b. of this section.\nb. The compact commission may hold a special meeting when it must meet\nto conduct emergency business by giving twenty -four (24) hours’ notice\nto all member stat es, on the compact commission’s website, and other\nmeans as provided in the compact commission’s rules. The compact\ncommission’s legal counsel shall certify that the compact commission’s\nneed to meet qualifies as an emergency.\n2. The compact commission or the executive committee or other committees of\nthe compact commission may convene in a closed, nonpublic meeting for the\ncompact commission or executive committee or other committees of the\ncompact commission to receive legal advice or to discuss:\na. Noncompliance of a member state with its obligations under the\ncompact;\nb. The employment, compensation, discipline, or other matters, practices,\nor procedures related to specific employees;\nc. Current or threatened discipline of a licensee by the compact\ncommission or by a member state’s licensing authority;\nd. Current, threatened, or reasonably anticipated litigation;\ne. Negotiation of contracts for the purchase, lease, or sale of goods,\nservices, or real estate;\nf. Accusing any person of a crime or formally censuring any person;\ng. Trade secrets or commercial or financial information that is privileged\nor confidential;\nh. Information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\ni. Investigative records compiled for law enforcement purposes;\nj. Information related to any investigative reports prepared by or on beh alf\nof or for use of the compact commission or other committee charged\nwith responsibility of investigation or determination of compliance\nissues pursuant to the compact;\nk. Matters specifically exempted from disclosure by federal or member\nstate law; or\nl. Other matters as specified in the rules of the compact commission.\n3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state\nthat the meeting will be closed and reference each relevant exempting\nprovision, and such reference shall be recorded in the minutes.\n4. The compact commission shall keep minutes that fully and clearly describe all\nmatters discussed in a meeting and shall provide a full and accurate summary\nof actions taken, and the reasons therefore, including a des cription of the\nviews expressed. All documents considered in connection with an action shall\nbe identified in such minutes. All minutes and documents of a closed meeting\nshall remain under seal, subject to release only by a majority vote of the\ncompact commission or order of a court of competent jurisdiction.\nG. Financing of the Compact Commission.\n1. The compact commission shall pay, or provide for the payment of, the\nreasonable expenses of its establishment, organization, and ongoing activities.\n2. The compact commission may accept any and all appropriate revenue sources\nas provided in subsection C.13. of this section.\n3. The compact commission may levy on and collect an annual assessment from\neach member state and impose fees on licensees of member state s to whom it\ngrants a compact privilege to cover the cost of the operations and activities of\nthe compact commission and its staff, which must, in a total amount, be\nsufficient to cover its annual budget as approved each year for which revenue\nis not provided by other sources. The aggregate annual assessment amount for\nmember states shall be allocated based upon a formula that the compact\ncommission shall promulgate by rule.\n4. The compact commission shall not incur obligations of any kind prior to\nsecuring the funds adequate to meet the same; nor shall the compact\ncommission pledge the credit of any of the member states, except by and with\nthe authority of the member state.\n5. The compact commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the compact commission\nshall be subject to the financial review and accounting procedures established\nunder its bylaws. However, all receipts and disbursements of funds handled\nby the compact commission shall be subject to an annual financial review by a\ncertified or licensed public accountant, and the report of the financial review\nshall be included in and become part of the annual report of the compact\ncommission.\nH. Qualified Immunity, Defense, and Indemnification.\n1. The members, officers, executive director, employees, and representatives of\nthe compact commission shall be immune from suit and liability, both\npersonally and in their official capacity, for any claim for damage to or loss of\nproperty or personal  injury or other civil liability caused by or arising out of\nany actual or alleged act, error, or omission that occurred, or that the person\nagainst whom the claim is made had a reasonable basis for believing occurred,\nwithin the scope of compact commissio n employment, duties, or\nresponsibilities; provided that nothing in this paragraph shall be construed to\nprotect any such person from suit or liability for any damage, loss, injury, or\nliability caused by the intentional or willful or wanton misconduct of that\nperson. The procurement of insurance of any type by the compact commission\nshall not in any way compromise or limit the immunity granted hereunder.\n2. The compact commission shall defend any member, officer, executive\ndirector, employee, and representative of the compact commission in any civil\naction seeking to impose liability arising out of any actual or alleged act,\nerror, or omission that occurred within the scope of compact commission\nemployment, duties, or responsibilities, or as determined by t he compact\ncommission that the person against whom the claim is made had a reasonable\nbasis for believing occurred within the scope of compact commission\nemployment, duties, or responsibilities; provided that nothing herein shall be\nconstrued to prohibit that person from retaining their own counsel at their own\nexpense; and provided further, that the actual or alleged act, error, or omission\ndid not result from that person’s intentional or willful or wanton misconduct.\n3. The compact commission shall indemn ify and hold harmless any member,\nofficer, executive director, employee, and representative of the compact\ncommission for the amount of any settlement or judgment obtained against\nthat person arising out of any actual or alleged act, error, or omission tha t\noccurred within the scope of compact commission employment, duties, or\nresponsibilities, or that such person had a reasonable basis for believing\noccurred within the scope of compact commission employment, duties, or\nresponsibilities, provided that the a ctual or alleged act, error, or omission did\nnot result from the intentional or willful or wanton misconduct of that person.\n4. Nothing herein shall be construed as a limitation on the liability of any\nlicensee for professional malpractice or misconduct, w hich shall be governed\nsolely by any other applicable state laws.\n5. Nothing in this compact shall be interpreted to waive or otherwise abrogate a\nmember state’s state action immunity or state action affirmative defense with\nrespect to antitrust claims und er the Sherman Act, Clayton Act, or any other\nstate or federal antitrust or anticompetitive law or regulation.\n6. Nothing in this compact shall be construed to be a waiver of sovereign\nimmunity by the member states or by the compact commission.\n7. The lia bility of the executive director and employees of the compact\ncommission or representatives of the compact commission, acting within the\nscope of such person's employment or duties for acts, errors, or omissions,\nmay not exceed the limits of liability set forth under the constitution and laws\nof this state for state officials, employees, and agents. The compact\ncommission is considered to be an instrumentality of the states for the\npurposes of any such action.\nSECTION 9.\nDATA SYSTEM\nA. The compact commissi on shall provide for the development, maintenance,\noperation, and utilization of a coordinated data system.\nB. The compact commission shall assign each applicant for a compact privilege a\nunique identifier, as determined by the rules.\nC. Notwithstanding any other provision of state law to the contrary, a member state\nshall submit a uniform data set to the data sys tem on all individuals to whom this\ncompact is applicable as required by the rules of the compact commission,\nincluding:\n1. Identifying information;\n2. Licensure data;\n3. Adverse actions against a license or compact privilege and information related\nthereto;\n4. Nonconfidential information related to alternative program participation, the\nbeginning and ending dates of such participation, and other information\nrelated to such participation not made confidential under member state law;\n5. Any denial of application for licensure, and the reasons for such denial;\n6. The presence of current significant investigative information; and\n7. Other information that may facilitate the administration of this compact or the\nprotection of the public, as determined by th e rules of the compact\ncommission.\nD. The records and information provided to a member state pursuant to this compact or\nthrough the data system, when certified by the compact commission or an agent\nthereof, shall constitute the authenticated business reco rds of the compact\ncommission, and shall be entitled to any associated hearsay exception in any\nrelevant judicial, quasi-judicial, or administrative proceedings in a member state.\nE. Current significant investigative information pertaining to a licensee in any member\nstate will only be available to other member states.\nF. It is the responsibility of the member states to report any adverse action against a\nlicensee and to monitor the data system to determine whether any adverse action\nhas been taken against  a licensee. Adverse action information pertaining to a\nlicensee in any member state will be available to any other member state.\nG. Member states contributing information to the data system may designate\ninformation that may not be shared with the public without the express permission\nof the contributing state.\nH. Any information submitted to the data system that is subsequently expunged\npursuant to federal law or the laws of the member state contributing the information\nshall be removed from the data system.\nSECTION 10.\nRULEMAKING\nA. The compact commission shall promulgate reasonable rules in order to effectively\nand efficiently implement and administer the purposes and provisions of the\ncompact. A rule shall be invalid and have no force or effect only if  a court of\ncompetent jurisdiction holds that the rule is invalid because the compact\ncommission exercised its rulemaking authority in a manner that is beyond the scope\nand purposes of the compact, or the powers granted hereunder, or based upon\nanother applicable standard of review.\nB. The rules of the compact commission shall have the force of law in each member\nstate, provided however that where the rules conflict with the laws or regulations of\na member state that relate to the procedures, actions, and p rocesses a licensed\ndietitian is permitted to undertake in that state and the circumstances under which\nthey may do so, as held by a court of competent jurisdiction, the rules of the\ncompact commission shall be ineffective in that state to the extent of the conflict.\nC. The compact commission shall exercise its rulemaking powers pursuant to the\ncriteria set forth in this section and the rules adopted thereunder. Rules shall\nbecome binding on the day following adoption or as of the date specified in the rule\nor amendment, whichever is later.\nD. If a majority of the legislatures of the member states rejects a rule or portion of a\nrule, by enactment of a statute or resolution in the same manner used to adopt the\ncompact within four (4) years of the date of adop tion of the rule, then such rule\nshall have no further force and effect in any member state.\nE. Rules shall be adopted at a regular or special meeting of the compact commission.\nF. Prior to adoption of a proposed rule, the compact commission shall hold a public\nhearing and allow persons to provide oral and written comments, data, facts,\nopinions, and arguments.\nG. Prior to adoption of a proposed rule by the compact commission, and at least thirty\n(30) days in advance of the meeting at which the compact com mission will hold a\npublic hearing on the proposed rule, the compact commission shall provide a notice\nof proposed rulemaking:\n1. On the website of the compact commission or other publicly accessible\nplatform;\n2. To persons who have requested notice of t he compact commission’s notices\nof proposed rulemaking; and\n3. In such other ways as the compact commission may by rule specify.\nH. The notice of proposed rulemaking shall include:\n1. The time, date, and location of the public hearing at which the compact\ncommission will hear public comments on the proposed rule and, if different,\nthe time, date, and location of the meeting where the compact commission\nwill consider and vote on the proposed rule;\n2. If the hearing is held via telecommunication, video conference, or other\nmeans of communication, the compact commission shall include the\nmechanism for access to the hearing in the notice of proposed rulemaking;\n3. The text of the proposed rule and the reason therefor;\n4. A request for comments on the proposed rule from any interested person; and\n5. The manner in which interested persons may submit written comments.\nI. All hearings will be recorded. A copy of the recording and all written comments\nand documents received by the compact commission in response to the proposed\nrule shall be available to the public.\nJ. Nothing in this section shall be construed as requiring a separate hearing on each\nrule. Rules may be grouped for the convenien ce of the compact commission at\nhearings required by this section.\nK. The compact commission shall, by majority vote of all members, take final action\non the proposed rule based on the rulemaking record and the full text of the rule.\n1. The compact commis sion may adopt changes to the proposed rule provided\nthe changes do not enlarge the original purpose of the proposed rule.\n2. The compact commission shall provide an explanation of the reasons for\nsubstantive changes made to the proposed rule as well as r easons for\nsubstantive changes not made that were recommended by commenters.\n3. The compact commission shall determine a reasonable effective date for the\nrule. Except for an emergency as provided in subsection 10.L. of this section,\nthe effective date of  the rule shall be no sooner than thirty (30) days after\nissuing the notice that it adopted or amended the rule.\nL. Upon determination that an emergency exists, the compact commission may\nconsider and adopt an emergency rule with twenty -four (24) hours’ notice, with\nopportunity to comment, provided that the usual rulemaking procedures provided in\nthe compact and in this section shall be retroactively applied to the rule as soon as\nreasonably possible, in no event later than ninety (90) days after the effec tive date\nof the rule. For the purposes of this provision, an emergency rule is one that must be\nadopted immediately in order to:\n1. Meet an imminent threat to public health, safety, or welfare;\n2. Prevent a loss of compact commission or member state funds;\n3. Meet a deadline for the promulgation of a rule that is established by federal\nlaw or rule; or\n4. Protect public health and safety.\nM. The compact commission or an authorized committee of the compact commission\nmay direct revision to a previously a dopted rule for purposes of correcting\ntypographical errors, errors in format, errors in consistency, or grammatical errors.\nPublic notice of any revision shall be posted on the website of the compact\ncommission. The revision shall be subject to challenge by any person for a period\nof thirty (30) days after posting. The revision may be challenged only on grounds\nthat the revision results in a material change to a rule. A challenge shall be made in\nwriting and delivered to the compact commission prior to the  end of the notice\nperiod. If no challenge is made, the revision will take effect without further action.\nIf the revision is challenged, the revision may not take effect without the approval\nof the compact commission.\nN. No member state’s rulemaking requirements shall apply under this compact.\nSECTION 11.\nOVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT\nA. Oversight.\n1. The executive and judicial branches of state government in each member state\nshall enforce this compact and take all actions necessary and  appropriate to\nimplement this compact.\n2. Except as otherwise provided in this compact, venue is proper and judicial\nproceedings by or against the compact commission shall be brought solely\nand exclusively in a court of competent jurisdiction where the p rincipal office\nof the compact commission is located. The compact commission may waive\nvenue and jurisdictional defenses to the extent it adopts or consents to\nparticipate in alternative dispute resolution proceedings. Nothing herein shall\naffect or limit the selection or propriety of venue in any action against a\nlicensee for professional malpractice, misconduct, or any such similar matter.\n3. The compact commission shall be entitled to receive service of process in any\nproceeding regarding the enforcemen t or interpretation of the compact and\nshall have standing to intervene in such a proceeding for all purposes. Failure\nto provide the compact commission service of process shall render a judgment\nor order void as to the compact commission, this compact, or  promulgated\nrules.\nB. Default, Technical Assistance, and Termination.\n1. If the compact commission determines that a member state has defaulted in\nthe performance of its obligations or responsibilities under this compact or the\npromulgated rules, the compact commission shall provide written notice to the\ndefaulting state. The n otice of default shall describe the default, the proposed\nmeans of curing the default, and any other action that the compact\ncommission may take and shall offer training and specific technical assistance\nregarding the default.\n2. The compact commission sh all provide a copy of the notice of default to the\nother member states.\nC. If a state in default fails to cure the default, the defaulting state may be terminated\nfrom the compact upon an affirmative vote of a majority of the delegates of the\nmember states, and all rights, privileges, and benefits conferred on that state by this\ncompact may be terminated on the effective date of termination. A cure of the\ndefault does not relieve the offending state of obligations or liabilities incurred\nduring the period of default.\nD. Termination of membership in the compact shall be imposed only after all other\nmeans of securing compliance have been exhausted. Notice of intent to suspend or\nterminate shall be given by the compact commission to the Governor, the majority\nand minority leaders of the defaulting state’s legislature, the defaulting state’s\nlicensing authority, and each of the member states’ licensing authority.\nE. A state that has been terminated is responsible for all assessments, obligations, and\nliabilities incurred through the effective date of termination, including obligations\nthat extend beyond the effective date of termination.\nF. Upon the termination of a state’s membership from this compact, that state shall\nimmediately provide notice to all licens ees within that state of such termination.\nThe terminated state shall continue to recognize all compact privileges granted\npursuant to this compact for a minimum of six (6) months after the date of said\nnotice of termination.\nG. The compact commission shal l not bear any costs related to a state that is found to\nbe in default or that has been terminated from the compact, unless agreed upon in\nwriting between the compact commission and the defaulting state.\nH. The defaulting state may appeal the action of the  compact commission by\npetitioning the United States District Court for the District of Columbia or the\nfederal district where the compact commission has its principal offices. The\nprevailing party shall be awarded all costs of such litigation, including r easonable\nattorney’s fees.\nI. Dispute Resolution.\n1. Upon request by a member state, the compact commission shall attempt to\nresolve disputes related to the compact that arise among member states and\nbetween member and nonmember states.\n2. The compact co mmission shall promulgate a rule providing for both\nmediation and binding dispute resolution for disputes as appropriate.\nJ. Enforcement.\n1. By supermajority vote, the compact commission may initiate legal action\nagainst a member state in default in the United States District Court for the\nDistrict of Columbia or the federal district where the compact commission has\nits principal offices to enforce compliance with the provisions of the compact\nand its promulgated rules. The relief sought may include both injunctive relief\nand damages. In the event judicial enforcement is necessary, the prevailing\nparty shall be awarded all costs of such litigation, including reasonable\nattorney’s fees. The remedies herein shall not be the exclusive remedies of the\ncompact commission. The compact commission may pursue any other\nremedies available under federal or the defaulting member state’s law.\n2. A member state may initiate legal action against the compact commission in\nthe United States District Court for the District of Columbia or the federal\ndistrict where the compact commission has its principal offices to enforce\ncompliance with the provisions of the compact and its promulgated rules. The\nrelief sought may include both injunctive relief and damages. In the event\njudicial enforcement is necessary, the prevailing party shall be awarded all\ncosts of such litigation, including reasonable attorney’s fees.\n3. No party other than a member state shall enforce this compact against the\ncompact commission.\nSECTION 12.\nEFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT\nA. The compact shall come into effect on the date on which the compact statute is\nenacted into law in the seventh member state.\n1. On or after the effective date of the compact, the compact commission shall\nconvene and review the enactment of each of the first seven (7) member states\n(\"charter member states\") to determine if the statute enacted by each such\ncharter member state is materially different than the model compact statute.\na. A charter member state whose enact ment is found to be materially\ndifferent from the model compact statute shall be entitled to the default\nprocess set forth in Section 11 of this compact.\nb. If any member state is later found to be in default, or is terminated, or\nwithdraws from the compac t, the compact commission shall remain in\nexistence and the compact shall remain in effect even if the number of\nmember states should be less than seven (7).\n2. Member states enacting the compact subsequent to the seven (7) initial charter\nmember states s hall be subject to the process set forth in Section 8.C.21. of\nthis compact to determine if their enactments are materially different from the\nmodel compact statute and whether they qualify for participation in the\ncompact.\n3. All actions taken for the be nefit of the compact commission or in furtherance\nof the purposes of the administration of the compact prior to the effective date\nof the compact or the compact commission coming into existence shall be\nconsidered to be actions of the compact commission un less specifically\nrepudiated by the compact commission.\n4. Any state that joins the compact subsequent to the compact commission’s\ninitial adoption of the rules and bylaws shall be subject to the rules and\nbylaws as they exist on the date on which the com pact becomes law in that\nstate. Any rule that has been previously adopted by the compact commission\nshall have the full force and effect of law on the day the compact becomes law\nin that state.\nB. Any member state may withdraw from this compact by enactin g a statute repealing\nthe same.\n1. A member state’s withdrawal shall not take effect until one hundred eighty\n(180) days after enactment of the repealing statute.\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nstate’s licensing authority to comply with the investigative and adverse action\nreporting requirements of this compact prior to the effective date of\nwithdrawal.\n3. Upon the enactment of a statute withdrawing from this compact, a state shall\nimmediately provide notice of such withdrawal to all licensees within that\nstate. Notwithstanding any subsequent statutory enactment to the contrary,\nsuch withdrawing state shall continue to recognize all compact privileges\ngranted pursuant to this compact for a minimum of one hundred eighty (180)\ndays after the date of such notice of withdrawal.\nC. Nothing contained in this compact shall be construed to invalidate or prevent any\nlicensure agreement or other cooperative arrangement between a member state and\na nonmember state that does not conflict with the provisions of this compact.\nD. This compact may be amended by the member states. No amendment to this\ncompact shall become effective and binding upon any member state until it is\nenacted into the laws of all member states.\nSECTION 13.\nCONSTRUCTION AND SEVERABILITY\nA. This compact and the compact commission’s rulemaking authority shall be liberally\nconstrued so as to effectuate the purposes and the implementation and\nadministration of the compact. Provisions of the compact expressly authorizing or\nrequiring the prom ulgation of rules shall not be construed to limit the compact\ncommission’s rulemaking authority solely for those purposes.\nB. The provisions of this compact shall be severable and if any phrase, clause,\nsentence, or provision of this compact is held by a court of competent jurisdiction to\nbe contrary to the constitution of any member state, a state seeking participation in\nthe compact, or of the United States, or the applicability thereof to any government,\nagency, person, or circumstance is held to be unc onstitutional by a court of\ncompetent jurisdiction, the validity of the remainder of this compact and the\napplicability thereof to any other government, agency, person, or circumstance shall\nnot be affected thereby.\nC. Notwithstanding subsection B. of this section, the compact commission may deny a\nstate’s participation in the compact or, in accordance with the requirements of\nSection 11.B. of this compact, terminate a member state’s participation in the\ncompact, if it determines that a constitutional requ irement of a member state is a\nmaterial departure from the compact. Otherwise, if this compact shall be held to be\ncontrary to the constitution of any member state, the compact shall remain in full\nforce and effect as to the remaining member states and in full force and effect as to\nthe member state affected as to all severable matters.\nSECTION 14.\nCONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS\nA. Nothing herein shall prevent or inhibit the enforcement of any other law of a\nmember state that is not inconsistent with the compact.\nB. Any laws, statutes, regulations, or other legal requirements in a member state in\nconflict with the compact are superseded to the extent of the conflict.\nC. All permissible agreements between the compact commission and t he member\nstates are binding in accordance with their terms.\nSECTION 15.\nAPPLICABILITY TO KENTUCKY STATE GOVERNMENT\nIn order to clarify the effect of certain provisions of this compact and to ensure that the\nrights and responsibilities of the various branc hes of government are maintained, the\nfollowing shall be in effect in this state:\nA. By entering into this compact, this state authorizes the state licensing authority as\ndefined in Section 2.T. of this compact and as created by KRS 310.040 to\nimplement the provisions of this compact;\nB. Notwithstanding any provision of this compact to the contrary:\n1. When a rule is adopted pursuant to Section 10 of this compact, the state\nlicensing authority as defined in Section 2.T. of this compact shall have sixty\n(60) days to review the rule for the purpose of filing the rule as an emergency\nadministrative regulation pursuant to KRS 13A.190 and for filing the rule as\nan accompanying ordinary administrative regulation, following the\nrequirements of KRS Chapter 13A. Fail ure by the state licensing authority as\ndefined in Section 2.T. of this compact to promulgate a rule adopted by the\nDietitian Licensure Compact Commission as an administrative regulation\npursuant to KRS Chapter 13A shall result in the initiation of the pro cess for\nwithdrawal as set forth in Section 12 of this compact. Nothing in these\nprovisions shall negate the applicability and effect of a commission rule or\nSection 11 of this compact to this state;\n2. If the proposed administrative regulation is found de ficient and the deficiency\nis not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of\nSection 11 of this compact shall apply. If the deficiency is resolved in a\nmanner determined by the Dietitian Licensure Compact Commission to be\ninconsistent with this compact or its rules, or if the procedures under Section\n11 of this compact fail to resolve an issue, the withdrawal provisions of\nSection 12 of this compact shall apply; and\n3. If a court of competent jurisdiction determines that the Dietitian Li censure\nCompact Commission created by Section 8 of this compact exercises its\nrulemaking authority in a manner that is beyond the scope of the purposes of\nthis compact, or the powers granted under this compact, then such an action\nby the commission shall be invalid and have no force or effect;\nC. Section 8.G. of this compact pertaining to the financing of the Dietitian Licensure\nCompact Commission shall not be interpreted to obligate the general fund of this\nstate. Any funds used to finance this compact sha ll be from money collected\npursuant to KRS 310.041; and\nD. This compact shall apply only to those dietitians who practice or work under a\ncompact privilege.","path":["KRS Chapter 310"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57275","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:02Z","sha256":"3ae30ae21e0b5f38b5f83e6cdd87824679c87a950a1fae19d39fbe6a9f9028c2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-310.080","next":"us-ky/krs-310.095"},"notice":"GroundRules: Original legal text. Not legal advice."}