{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1742.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1742.2","heading":"Dietitian Licensure Compact","body":"DIETITIAN LICENSURE COMPACT\n\nSECTION 1: PURPOSE\n\nThe purpose of this Compact is to facilitate interstate Practice\n\nof Dietetics with the goal of improving public access to dietetics\n\nservices. This Compact preserves the regulatory authority of States\n\nto protect public health and safety through the current system of\n\nState licensure, while also providing for licensure portability\n\nthrough a Compact Privilege granted to qualifying professionals.\n\nThis Compact is designed to achieve the following objectives:\n\nA. Increase public access to dietetics services.\n\nB. Provide opportunities for interstate practice by Licensed\n\nDietitians who meet uniform requirements.\n\nC. Eliminate the necessity for Licenses in multiple States.\n\nD. Reduce administrative burden on Member States and Licensees.\n\nE. Enhance the States’ ability to protect the public’s health\n\nand safety.\n\nF. Encourage the cooperation of Member States in regulating\n\nmultistate practice of Licensed Dietitians.\n\nG. Support relocating Active Military Members and their\n\nspouses.\n\nH. Enhance the exchange of licensure, investigative, and\n\ndisciplinary information among Member States.\n\nI. Vest all Member States with the authority to hold a Licensed\n\nDietitian accountable for meeting all State practice laws in the\n\nState in which the patient is located at the time care is rendered.\n\nSECTION 2: DEFINITIONS\n\nA. “ACEND” means the Accreditation Council for Education in\n\nNutrition and Dietetics or its successor organization.\n\nB. “Active Military Member” means any individual with full-time\n\nduty status in the active armed forces of the United States,\n\nincluding members of the National Guard and Reserve.\n\nC. “Adverse Action” means any administrative, civil, equitable\n\nor criminal action permitted by a State’s laws which is imposed by a\n\nLicensing Authority or other authority against a Licensee, including\n\nactions against an individual’s License or Compact Privilege such as\n\nrevocation, suspension, probation, monitoring of the Licensee,\n\nlimitation on the Licensee’s practice, or any other Encumbrance on\n\nlicensure affecting a Licensee’s authorization to practice,\n\nincluding issuance of a cease and desist action.\n\nD. “Alternative Program” means a non-disciplinary monitoring or\n\npractice remediation process approved by a Licensing Authority.\n\nE. “Charter Member State” means any Member State which enacted\n\nthis Compact by law before the Effective Date specified in Section\n\n12.\n\nF. “Continuing Education” means a requirement, as a condition\n\nof License renewal, to provide evidence of participation in, and\n\ncompletion of, educational and professional activities relevant to\n\npractice or area of work.\n\nG. “CDR” means the Commission on Dietetic Registration or its\n\nsuccessor organization.\n\nH. “Compact Commission” means the government agency whose\n\nmembership consists of all States that have enacted this Compact,\n\nwhich is known as the Dietitian Licensure Compact Commission, as\n\ndescribed in Section 8, and which shall operate as an\n\ninstrumentality of the Member States.\n\nI. “Compact Privilege” means a legal authorization, which is\n\nequivalent to a License, permitting the Practice of Dietetics in a\n\nRemote State.\n\nJ. “Current Significant Investigative Information” means:\n\n1. Investigative Information that a Licensing Authority, after\n\na preliminary inquiry that includes notification and an opportunity\n\nfor the subject Licensee to respond, if required by State law, has\n\nreason to believe is not groundless and, if proved true, would\n\nindicate more than a minor infraction; or\n\n2. Investigative Information that indicates that the subject\n\nLicensee represents an immediate threat to public health and safety\n\nregardless of whether the subject Licensee has been notified and had\n\nan opportunity to respond.\n\nK. “Data System” means a repository of information about\nd\n\nindicate more than a minor infraction; or\n\n2. Investigative Information that indicates that the subject\n\nLicensee represents an immediate threat to public health and safety\n\nregardless of whether the subject Licensee has been notified and had\n\nan opportunity to respond.\n\nK. “Data System” means a repository of information about\n\nLicensees, including, but not limited to, Continuing Education,\n\nexamination, licensure, investigative, Compact Privilege and Adverse\n\nAction information.\n\nL. “Encumbered License” means a License in which an Adverse\n\nAction restricts a Licensee’s ability to practice dietetics.\n\nM. “Encumbrance” means a revocation or suspension of, or any\n\nlimitation on a Licensee’s full and unrestricted Practice of\n\nDietetics by a Licensing Authority.\n\nN. “Executive Committee” means a group of delegates elected or\n\nappointed to act on behalf of, and within the powers granted to them\n\nby, this Compact, and the Compact Commission.\n\nO. “Home State” means the Member State that is the Licensee’s\n\nprimary State of residence or that has been designated pursuant to\n\nSection 6.\n\nP. “Investigative Information” means information, records, and\n\ndocuments received or generated by a Licensing Authority pursuant to\n\nan investigation.\n\nQ. “Jurisprudence Requirement” means an assessment of an\n\nindividual’s knowledge of the State laws and regulations governing\n\nthe Practice of Dietetics in such State.\n\nR. “License” means an authorization from a Member State to\n\neither:\n\n1. Engage in the Practice of Dietetics (including medical\n\nnutrition therapy); or\n\n2. Use the title “dietitian”, “licensed dietitian”, “licensed\n\ndietitian nutritionist”, “certified dietitian”, or other title\n\ndescribing a substantially similar practitioner as the Compact\n\nCommission may further define by Rule.\n\nS. “Licensee” or “Licensed Dietitian” means an individual who\n\ncurrently holds a License and who meets all of the requirements\n\noutlined in Section 4.\n\nT. “Licensing Authority” means the board or agency of a State,\n\nor equivalent, that is responsible for the licensing and regulation\n\nof the Practice of Dietetics.\n\nU. “Member State” means a State that has enacted the Compact.\n\nV. “Practice of Dietetics” means the synthesis and application\n\nof dietetics, primarily for the provision of nutrition care\n\nservices, including medical nutrition therapy, in person or via\n\ntelehealth, to prevent, manage, or treat diseases or medical\n\nconditions and promote wellness.\n\nW. “Registered Dietitian” means a person who:\n\n1. Has completed applicable education, experience, examination,\n\nand recertification requirements approved by CDR;\n\n2. Is credentialed by CDR as a registered dietitian or a\n\nregistered dietitian nutritionist; and\n\n3. Is legally authorized to use the title registered dietitian\n\nor registered dietitian nutritionist and the corresponding\n\nabbreviations “RD” or “RDN”.\n\nX. “Remote State” means a Member State other than the Home\n\nState, where a Licensee is exercising or seeking to exercise a\n\nCompact Privilege.\n\nY. “Rule” means a regulation promulgated by the Compact\n\nCommission that has the force of law.\n\nZ. “Single State License” means a License issued by a Member\n\nState within the issuing State and does not include a Compact\n\nPrivilege in any other Member State.\n\nAA. “State” means any state, commonwealth, district, or\n\nterritory of the United States of America.\n\nBB. “Unencumbered License” means a License that authorizes a\n\nLicensee to engage in the full and unrestricted Practice of\n\nDietetics.\n\nSECTION 3: STATE PARTICIPATION IN THE COMPACT\n\nA. To participate in the Compact, a State must currently:\n\n1. License and regulate the Practice of Dietetics; and\n\n2. Have a mechanism in place for receiving and investigating\n\ncomplaints about Licensees.\n\nB. A Member State shall:\n\n1. Participate fully in the Compact Commission’s Data System,\nngage in the full and unrestricted Practice of\n\nDietetics.\n\nSECTION 3: STATE PARTICIPATION IN THE COMPACT\n\nA. To participate in the Compact, a State must currently:\n\n1. License and regulate the Practice of Dietetics; and\n\n2. Have a mechanism in place for receiving and investigating\n\ncomplaints about Licensees.\n\nB. A Member State shall:\n\n1. Participate fully in the Compact Commission’s Data System,\n\nincluding using the unique identifier as defined in Rules;\n\n2. Notify the Compact Commission, in compliance with the terms\n\nof the Compact and Rules, of any Adverse Action or the availability\n\nof Current Significant Investigative Information regarding a\n\nLicensee;\n\n3. Implement or utilize procedures for considering the criminal\n\nhistory record information of applicants for an initial Compact\n\nPrivilege. These procedures shall include the submission of\n\nfingerprints or other biometric-based information by applicants for\n\nthe purpose of obtaining an applicant’s criminal history record\n\ninformation from the Federal Bureau of Investigation and the agency\n\nresponsible for retaining that State’s criminal records;\n\na. A Member State must fully implement a criminal history\n\nrecord information requirement, within a time frame\n\nestablished by Rule, which includes receiving the\n\nresults of the Federal Bureau of Investigation record\n\nsearch and shall use those results in determining\n\nCompact Privilege eligibility.\n\nb. Communication between a Member State and the Compact\n\nCommission or among Member States regarding the\n\nverification of eligibility for a Compact Privilege\n\nshall not include any information received from the\n\nFederal Bureau of Investigation relating to a federal\n\ncriminal history record information check performed by\n\na Member State;\n\n4. Comply with and enforce the Rules of the Compact Commission;\n\n5. Require an applicant for a Compact Privilege to obtain or\n\nretain a License in the Licensee’s Home State and meet the Home\n\nState’s qualifications for licensure or renewal of licensure, as\n\nwell as all other applicable State laws; and\n\n6. Recognize a Compact Privilege granted to a Licensee who\n\nmeets all of the requirements outlined in Section 4 in accordance\n\nwith the terms of the Compact and Rules.\n\nC. Member States may set and collect a fee for granting a\n\nCompact Privilege.\n\nD. Individuals not residing in a Member State shall continue to\n\nbe able to apply for a Member State’s Single State License as\n\nprovided under the laws of each Member State. However, the Single\n\nState License granted to these individuals shall not be recognized\n\nas granting a Compact Privilege to engage in the Practice of\n\nDietetics in any other Member State.\n\nE. Nothing in this Compact shall affect the requirements\n\nestablished by a Member State for the issuance of a Single State\n\nLicense.\n\nF. At no point shall the Compact Commission have the power to\n\ndefine the requirements for the issuance of a Single State License\n\nto practice dietetics. The Member States shall retain sole\n\njurisdiction over the provision of these requirements.\n\nSECTION 4: COMPACT PRIVILEGE\n\nA. To exercise the Compact Privilege under the terms and\n\nprovisions of the Compact, the Licensee shall:\n\n1. Satisfy one of the following:\n\na. hold a valid current registration that gives the\n\napplicant the right to use the term Registered\n\nDietitian, or\n\nb. complete all of the following:\n\n(1) an education program which is either:\n\n(a) a master’s degree or doctoral degree that is\n\nprogrammatically accredited by:\nthe Compact Privilege under the terms and\n\nprovisions of the Compact, the Licensee shall:\n\n1. Satisfy one of the following:\n\na. hold a valid current registration that gives the\n\napplicant the right to use the term Registered\n\nDietitian, or\n\nb. complete all of the following:\n\n(1) an education program which is either:\n\n(a) a master’s degree or doctoral degree that is\n\nprogrammatically accredited by:\n\n(i) ACEND, or\n\n(ii) a dietetics accrediting agency\n\nrecognized by the United States\n\nDepartment of Education, which the\n\nCompact Commission may by Rule\n\ndetermine, and from a college or\n\nuniversity accredited at the time of\n\ngraduation by the appropriate regional\n\naccrediting agency recognized by the\n\nCouncil on Higher Education\n\nAccreditation and the United States\n\nDepartment of Education, or\n\n(b) an academic degree from a college or\n\nuniversity in a foreign country equivalent\n\nto the degree described in subdivision (a)\n\nthat is programmatically accredited by:\n\n(i) ACEND, or\n\n(ii) a dietetics accrediting agency\n\nrecognized by the United States\n\nDepartment of Education, which the\n\nCompact Commission may by Rule\n\ndetermine,\n\n(2) a planned, documented, supervised practice\n\nexperience in dietetics that is programmatically\n\naccredited by:\n\n(a) ACEND, or\n\n(b) a dietetics accrediting agency recognized by\n\nthe United States Department of Education\n\nwhich the Compact Commission may by Rule\n\ndetermine and which involves at least one\n\nthousand (1,000) hours of practice\n\nexperience under the supervision of a\n\nRegistered Dietitian or a Licensed\n\nDietitian, and\n\n(3) successful completion of either:\n\n(a) the Registration Examination for Dietitians\n\nadministered by CDR, or\n\n(b) a national credentialing examination for\n\ndietitians approved by the Compact\n\nCommission by Rule; such completion being no\n\nmore than five (5) years prior to the date\n\nof the Licensee’s application for initial\n\nlicensure and accompanied by a period of\n\ncontinuous licensure thereafter, all of\n\nwhich may be further governed by the Rules\n\nof the Compact Commission;\n\n2. Hold an Unencumbered License in the Home State;\n\n3. Notify the Compact Commission that the Licensee is seeking a\n\nCompact Privilege within a Remote State(s);\n\n4. Pay any applicable fees, including any State fee, for the\n\nCompact Privilege;\n\n5. Meet any Jurisprudence Requirements established by the\n\nRemote State(s) in which the Licensee is seeking a Compact\n\nPrivilege; and\n\n6. Report to the Compact Commission any Adverse Action,\n\nEncumbrance, or restriction on a License taken by any non-Member\n\nState within thirty (30) days from the date the action is taken.\n\nB. The Compact Privilege is valid until the expiration date of\n\nthe Home State License. To maintain a Compact Privilege, renewal of\n\nthe Compact Privilege shall be congruent with the renewal of the\n\nHome State License as the Compact Commission may define by Rule.\n\nThe Licensee must comply with the requirements of Section 4(A) to\n\nmaintain the Compact Privilege in the Remote State(s).\n\nC. A Licensee exercising a Compact Privilege shall adhere to\n\nthe laws and regulations of the Remote State. Licensees shall be\n\nresponsible for educating themselves on, and complying with, any and\n\nall State laws relating to the Practice of Dietetics in such Remote\n\nState.\n\nD. Notwithstanding anything to the contrary provided in this\n\nCompact or State law, a Licensee exercising a Compact Privilege\n\nshall not be required to complete Continuing Education Requirements\n\nrequired by a Remote State. A Licensee exercising a Compact\n\nPrivilege is only required to meet any Continuing Education\n\nRequirements as required by the Home State.\n\nSECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A\n\nCOMPACT PRIVILEGE\n\nA. A Licensee may hold a Home State License, which allows for a\n\nCompact Privilege in other Member States, in only one Member State\nEducation Requirements\n\nrequired by a Remote State. A Licensee exercising a Compact\n\nPrivilege is only required to meet any Continuing Education\n\nRequirements as required by the Home State.\n\nSECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A\n\nCOMPACT PRIVILEGE\n\nA. A Licensee may hold a Home State License, which allows for a\n\nCompact Privilege in other Member States, in only one Member State\n\nat a time.\n\nB. If a Licensee changes Home State by moving between two\n\nMember States:\n\n1. The Licensee shall file an application for obtaining a new\n\nHome State License based on a Compact Privilege, pay all applicable\n\nfees, and notify the current and new Home State in accordance with\n\nthe Rules of the Compact Commission;\n\n2. Upon receipt of an application for obtaining a new Home\n\nState License by virtue of a Compact Privilege, the new Home State\n\nshall verify that the Licensee meets the criteria in Section 4 via\n\nthe Data System, and require that the Licensee complete the\n\nfollowing:\n\na. Federal Bureau of Investigation fingerprint based\n\ncriminal history record information check,\n\nb. any other criminal history record information required\n\nby the new Home State, and\n\nc. any Jurisprudence Requirements of the new Home State;\n\n3. The former Home State shall convert the former Home State\n\nLicense into a Compact Privilege once the new Home State has\n\nactivated the new Home State License in accordance with applicable\n\nRules adopted by the Compact Commission;\n\n4. Notwithstanding any other provision of this Compact, if the\n\nLicensee cannot meet the criteria in Section 4, the new Home State\n\nmay apply its requirements for issuing a new Single State License;\n\nand\n\n5. The Licensee shall pay all applicable fees to the new Home\n\nState in order to be issued a new Home State License.\n\nC. If a Licensee changes their State of residence by moving\n\nfrom a Member State to a non-Member State, or from a non-Member\n\nState to a Member State, the State criteria shall apply for issuance\n\nof a Single State License in the new State.\n\nD. Nothing in this Compact shall interfere with a Licensee’s\n\nability to hold a Single State License in multiple States; however,\n\nfor the purposes of this Compact, a Licensee shall have only one\n\nHome State License.\n\nE. Nothing in this Compact shall affect the requirements\n\nestablished by a Member State for the issuance of a Single State\n\nLicense.\n\nSECTION 6: ACTIVE MILITARY MEMBERS OR THEIR SPOUSES\n\nAn Active Military Member, or their spouse, shall designate a\n\nHome State where the individual has a current License in good\n\nstanding. The individual may retain the Home State designation\n\nduring the period the service member is on active duty.\n\nSECTION 7: ADVERSE ACTIONS\n\nA. In addition to the other powers conferred by State law, a\n\nRemote State shall have the authority, in accordance with existing\n\nState due process law, to:\n\n1. Take Adverse Action against a Licensee’s Compact Privilege\n\nwithin that Member State; and\n\n2. Issue subpoenas for both hearings and investigations that\n\nrequire the attendance and testimony of witnesses as well as the\n\nproduction of evidence. Subpoenas issued by a Licensing Authority\n\nin a Member State for the attendance and testimony of witnesses or\n\nthe production of evidence from another Member State shall be\n\nenforced in the latter State by any court of competent jurisdiction,\n\naccording to the practice and procedure applicable to subpoenas\n\nissued in proceedings pending before that court. The issuing\n\nauthority shall pay any witness fees, travel expenses, mileage, and\n\nother fees required by the service statutes of the State in which\n\nthe witnesses or evidence is located.\n\nB. Only the Home State shall have the power to take Adverse\n\nAction against a Licensee’s Home State License.\n\nC. For purposes of taking Adverse Action, the Home State shall\n\ngive the same priority and effect to reported conduct received from\npay any witness fees, travel expenses, mileage, and\n\nother fees required by the service statutes of the State in which\n\nthe witnesses or evidence is located.\n\nB. Only the Home State shall have the power to take Adverse\n\nAction against a Licensee’s Home State License.\n\nC. For purposes of taking Adverse Action, the Home State shall\n\ngive the same priority and effect to reported conduct received from\n\na Member State as it would if the conduct had occurred within the\n\nHome State. In so doing, the Home State shall apply its own State\n\nlaws to determine appropriate action.\n\nD. The Home State shall complete any pending investigations of\n\na Licensee who changes Home States during the course of the\n\ninvestigations. The Home State shall also have authority to take\n\nappropriate action(s) and shall promptly report the conclusions of\n\nthe investigations to the administrator of the Data System. The\n\nadministrator of the Data System shall promptly notify the new Home\n\nState of any Adverse Actions.\n\nE. A Member State, if otherwise permitted by State law, may\n\nrecover from the affected Licensee the costs of investigations and\n\ndispositions of cases resulting from any Adverse Action taken\n\nagainst that Licensee.\n\nF. A Member State may take Adverse Action based on the factual\n\nfindings of another Remote State, provided that the Member State\n\nfollows its own procedures for taking the Adverse Action.\n\nG. Joint Investigations.\n\n1. In addition to the authority granted to a Member State by\n\nits respective State law, any Member State may participate with\n\nother Member States in joint investigations of Licensees.\n\n2. Member States shall share any investigative, litigation, or\n\ncompliance materials in furtherance of any joint investigation\n\ninitiated under the Compact.\n\nH. If Adverse Action is taken by the Home State against a\n\nLicensee’s Home State License resulting in an Encumbrance on the\n\nHome State License, the Licensee’s Compact Privilege(s) in all other\n\nMember States shall be revoked until all Encumbrances have been\n\nremoved from the Home State License. All Home State disciplinary\n\norders that impose Adverse Action against a Licensee shall include a\n\nstatement that the Licensee’s Compact Privileges are revoked in all\n\nMember States during the pendency of the order.\n\nI. Once an Encumbered License in the Home State is restored to\n\nan Unencumbered License (as certified by the Home State’s Licensing\n\nAuthority), the Licensee must meet the requirements of Section 4(A)\n\nand follow the administrative requirements to reapply to obtain a\n\nCompact Privilege in any Remote State.\n\nJ. If a Member State takes Adverse Action, it shall promptly\n\nnotify the administrator of the Data System. The administrator of\n\nthe Data System shall promptly notify the other Member States of any\n\nAdverse Actions.\n\nK. Nothing in this Compact shall override a Member State’s\n\ndecision that participation in an Alternative Program may be used in\n\nlieu of Adverse Action.\n\nSECTION 8: ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT\n\nCOMMISSION\n\nA. The Compact Member States hereby create and establish a\n\njoint government agency whose membership consists of all Member\n\nStates that have enacted the Compact known as the Dietitian\n\nLicensure Compact Commission. The Compact Commission is an\n\ninstrumentality of the Compact States acting jointly and not an\n\ninstrumentality of any one State. The Compact Commission shall come\n\ninto existence on or after the effective date of the Compact as set\n\nforth in Section 12.\n\nB. Membership, Voting, and Meetings.\n\n1. Each Member State shall have and be limited to one (1)\n\ndelegate selected by that Member State’s Licensing Authority.\n\n2. The delegate shall be the primary administrator of the\n\nLicensing Authority or their designee.\n\n3. The Compact Commission shall by Rule or bylaw establish a\nection 12.\n\nB. Membership, Voting, and Meetings.\n\n1. Each Member State shall have and be limited to one (1)\n\ndelegate selected by that Member State’s Licensing Authority.\n\n2. The delegate shall be the primary administrator of the\n\nLicensing Authority or their designee.\n\n3. The Compact Commission shall by Rule or bylaw establish a\n\nterm of office for delegates and may by Rule or bylaw establish term\n\nlimits.\n\n4. The Compact Commission may recommend removal or suspension\n\nof any delegate from office.\n\n5. A Member State’s Licensing Authority shall fill any vacancy\n\nof its delegate occurring on the Compact Commission within sixty\n\n(60) days of the vacancy.\n\n6. Each delegate shall be entitled to one vote on all matters\n\nbefore the Compact Commission requiring a vote by the delegates.\n\n7. Delegates shall meet and vote by such means as set forth in\n\nthe bylaws. The bylaws may provide for delegates to meet and vote\n\nin person or by telecommunication, video conference, or other means\n\nof communication.\n\n8. The Compact Commission shall meet at least once during each\n\ncalendar year. Additional meetings may be held as set forth in the\n\nbylaws. The Compact Commission may meet in person or by\n\ntelecommunication, video conference, or other means of\n\ncommunication.\n\nC. The Compact Commission shall have the following powers:\n\n1. Establish the fiscal year of the Compact Commission;\n\n2. Establish code of conduct and conflict of interest policies;\n\n3. Establish and amend Rules and bylaws;\n\n4. Maintain its financial records in accordance with the\n\nbylaws;\n\n5. Meet and take such actions as are consistent with the\n\nprovisions of this Compact, the Compact Commission’s Rules, and the\n\nbylaws;\n\n6. Initiate and conclude legal proceedings or actions in the\n\nname of the Compact Commission, provided that the standing of any\n\nLicensing Authority to sue or be sued under applicable law shall not\n\nbe affected;\n\n7. Maintain and certify records and information provided to a\n\nMember State as the authenticated business records of the Compact\n\nCommission, and designate an agent to do so on the Compact\n\nCommission’s behalf;\n\n8. Purchase and maintain insurance and bonds;\n\n9. Borrow, accept, or contract for services of personnel,\n\nincluding, but not limited to, employees of a Member State;\n\n10. Conduct an annual financial review;\n\n11. Hire employees, elect or appoint officers, fix\n\ncompensation, define duties, grant such individuals appropriate\n\nauthority to carry out the purposes of the Compact, and establish\n\nthe Compact Commission’s personnel policies and programs relating to\n\nconflicts of interest, qualifications of personnel, and other\n\nrelated personnel matters;\n\n12. Assess and collect fees;\n\n13. Accept any and all appropriate donations, grants of money,\n\nother sources of revenue, equipment, supplies, materials, services,\n\nand gifts, and receive, utilize, and dispose of the same; provided,\n\nthat at all times the Compact Commission shall avoid any actual or\n\nappearance of impropriety or conflict of interest;\n\n14. Lease, purchase, retain, own, hold, improve, or use any\n\nproperty, real, personal, or mixed, or any undivided interest\n\ntherein;\n\n15. Sell, convey, mortgage, pledge, lease, exchange, abandon,\n\nor otherwise dispose of any property, real, personal, or mixed;\n\n16. Establish a budget and make expenditures;\n\n17. Borrow money;\n\n18. Appoint committees, including standing committees, composed\n\nof members, State regulators, State legislators or their\n\nrepresentatives, and consumer representatives, and such other\n\ninterested persons as may be designated in this Compact or the\n\nbylaws;\n\n19. Provide and receive information from, and cooperate with,\n\nlaw enforcement agencies;\n\n20. Establish and elect an Executive Committee, including a\n\nchair and a vice chair;\n\n21. Determine whether a State’s adopted language is materially\nate legislators or their\n\nrepresentatives, and consumer representatives, and such other\n\ninterested persons as may be designated in this Compact or the\n\nbylaws;\n\n19. Provide and receive information from, and cooperate with,\n\nlaw enforcement agencies;\n\n20. Establish and elect an Executive Committee, including a\n\nchair and a vice chair;\n\n21. Determine whether a State’s adopted language is materially\n\ndifferent from the model compact language such that the State would\n\nnot qualify for participation in the Compact; and\n\n22. Perform such other functions as may be necessary or\n\nappropriate to achieve the purposes of this Compact.\n\nD. The Executive Committee.\n\n1. The Executive Committee shall have the power to act on\n\nbehalf of the Compact Commission according to the terms of this\n\nCompact. The powers, duties, and responsibilities of the Executive\n\nCommittee shall include:\n\na. oversee the day-to-day activities of the\n\nadministration of the Compact including enforcement\n\nand compliance with the provisions of the Compact, its\n\nRules and bylaws, and other such duties as deemed\n\nnecessary,\n\nb. recommend to the Compact Commission changes to the\n\nRules or bylaws, changes to this Compact legislation,\n\nfees charged to Compact Member States, fees charged to\n\nLicensees, and other fees,\n\nc. ensure Compact administration services are\n\nappropriately provided, including by contract,\n\nd. prepare and recommend the budget,\n\ne. maintain financial records on behalf of the Compact\n\nCommission,\n\nf. monitor Compact compliance of Member States and\n\nprovide compliance reports to the Compact Commission,\n\ng. establish additional committees as necessary,\n\nh. exercise the powers and duties of the Compact\n\nCommission during the interim between Compact\n\nCommission meetings, except for adopting or amending\n\nRules, adopting or amending bylaws, and exercising any\n\nother powers and duties expressly reserved to the\n\nCompact Commission by Rule or bylaw, and\n\ni. other duties as provided in the Rules or bylaws of the\n\nCompact Commission.\n\n2. The Executive Committee shall be composed of nine (9)\n\nmembers:\n\na. the chair and vice chair of the Compact Commission,\n\nwho shall be voting members of the Executive\n\nCommittee,\n\nb. five voting members from the current membership of the\n\nCompact Commission, elected by the Compact Commission,\n\nc. one ex officio, nonvoting member from a recognized\n\nprofessional association representing dietitians, and\n\nd. one ex officio, nonvoting member from a recognized\n\nnational credentialing organization for dietitians.\n\n3. The Compact Commission may remove any member of the\n\nExecutive Committee as provided in the Compact Commission’s bylaws.\n\n4. The Executive Committee shall meet at least annually.\n\na. Executive Committee meetings shall be open to the\n\npublic, except that the Executive Committee may meet\n\nin a closed, nonpublic meeting as provided in\n\nsubsection (F)(2) of this section.\n\nb. The Executive Committee shall give thirty (30) days’\n\nnotice of its meetings, posted on the website of the\n\nCompact Commission and as determined to provide notice\n\nto persons with an interest in the business of the\n\nCompact Commission.\n\nc. The Executive Committee may hold a special meeting in\n\naccordance with subsection (F)(1)(b) of this section.\n\nE. The Compact Commission shall adopt and provide to the Member\n\nStates an annual report.\n\nF. Meetings of the Compact Commission.\n\n1. All meetings shall be open to the public, except that the\n\nCompact Commission may meet in a closed, nonpublic meeting as\n\nprovided in subsection (F)(2) of this section.\n\na. Public notice for all meetings of the full Compact\n\nCommission shall be given in the same manner as\n\nrequired under the rulemaking provisions in Section\n\n10, except that the Compact Commission may hold a\n\nspecial meeting as provided in subsection (F)(1)(b) of\n\nthis section.\ng as\n\nprovided in subsection (F)(2) of this section.\n\na. Public notice for all meetings of the full Compact\n\nCommission shall be given in the same manner as\n\nrequired under the rulemaking provisions in Section\n\n10, except that the Compact Commission may hold a\n\nspecial meeting as provided in subsection (F)(1)(b) of\n\nthis section.\n\nb. The Compact Commission may hold a special meeting when\n\nit must meet to conduct emergency business by giving\n\ntwenty-four (24) hours’ notice to all Member States,\n\non the Compact Commission’s website, and other means\n\nas provided in the Compact Commission’s Rules. The\n\nCompact Commission’s legal counsel shall certify that\n\nthe Compact Commission’s need to meet qualifies as an\n\nemergency.\n\n2. The Compact Commission or the Executive Committee or other\n\ncommittees of the Compact Commission may convene in a closed,\n\nnonpublic meeting for the Compact Commission or Executive Committee\n\nor other committees of the Compact Commission to receive legal\n\nadvice or to discuss:\n\na. noncompliance of a Member State with its obligations\n\nunder the Compact,\n\nb. the employment, compensation, discipline, or other\n\nmatters, practices, or procedures related to specific\n\nemployees,\n\nc. current or threatened discipline of a Licensee by the\n\nCompact Commission or by a Member State’s Licensing\n\nAuthority,\n\nd. current, threatened, or reasonably anticipated\n\nlitigation,\n\ne. negotiation of contracts for the purchase, lease, or\n\nsale of goods, services, or real estate,\n\nf. accusing any person of a crime or formally censuring\n\nany person,\n\ng. trade secrets or commercial or financial information\n\nthat is privileged or confidential,\n\nh. information of a personal nature where disclosure\n\nwould constitute a clearly unwarranted invasion of\n\npersonal privacy,\n\ni. investigative records compiled for law enforcement\n\npurposes,\n\nj. information related to any investigative reports\n\nprepared by or on behalf of or for use of the Compact\n\nCommission or other committee charged with\n\nresponsibility of investigation or determination of\n\ncompliance issues pursuant to the Compact,\n\nk. matters specifically exempted from disclosure by\n\nfederal or Member State law, or\n\nl. other matters as specified in the Rules of the Compact\n\nCommission.\n\n3. If a meeting, or portion of a meeting, is closed, the\n\npresiding officer shall state that the meeting will be closed and\n\nreference each relevant exempting provision, and such reference\n\nshall be recorded in the minutes.\n\n4. The Compact Commission shall keep minutes that fully and\n\nclearly describe all matters discussed in a meeting and shall\n\nprovide a full and accurate summary of actions taken, and the\n\nreasons therefore, including a description of the views expressed.\n\nAll documents considered in connection with an action shall be\n\nidentified in such minutes. All minutes and documents of a closed\n\nmeeting shall remain under seal, subject to release only by a\n\nmajority vote of the Compact Commission or order of a court of\n\ncompetent jurisdiction.\n\nG. Financing of the Compact Commission.\n\n1. The Compact Commission shall pay, or provide for the payment\n\nof, the reasonable expenses of its establishment, organization, and\n\nongoing activities.\n\n2. The Compact Commission may accept any and all appropriate\n\nrevenue sources as provided in subsection (C)(13) of this section.\n\n3. The Compact Commission may levy on and collect an annual\n\nassessment from each Member State and impose fees on Licensees of\n\nMember States to whom it grants a Compact Privilege to cover the\n\ncost of the operations and activities of the Compact Commission and\n\nits staff, which must, in a total amount, be sufficient to cover its\n\nannual budget as approved each year for which revenue is not\n\nprovided by other sources. The aggregate annual assessment amount\nassessment from each Member State and impose fees on Licensees of\n\nMember States to whom it grants a Compact Privilege to cover the\n\ncost of the operations and activities of the Compact Commission and\n\nits staff, which must, in a total amount, be sufficient to cover its\n\nannual budget as approved each year for which revenue is not\n\nprovided by other sources. The aggregate annual assessment amount\n\nfor Member States shall be allocated based upon a formula that the\n\nCompact Commission shall promulgate by Rule.\n\n4. The Compact Commission shall not incur obligations of any\n\nkind prior to securing the funds adequate to meet the same; nor\n\nshall the Compact Commission pledge the credit of any of the Member\n\nStates, except by and with the authority of the Member State.\n\n5. The Compact Commission shall keep accurate accounts of all\n\nreceipts and disbursements. The receipts and disbursements of the\n\nCompact Commission shall be subject to the financial review and\n\naccounting procedures established under its bylaws. However, all\n\nreceipts and disbursements of funds handled by the Compact\n\nCommission shall be subject to an annual financial review by a\n\ncertified or licensed public accountant, and the report of the\n\nfinancial review shall be included in and become part of the annual\n\nreport of the Compact Commission.\n\nH. Qualified Immunity, Defense, and Indemnification.\n\n1. The members, officers, executive director, employees and\n\nrepresentatives of the Compact Commission shall be immune from suit\n\nand liability, both personally and in their official capacity, for\n\nany claim for damage to or loss of property or personal injury or\n\nother civil liability caused by or arising out of any actual or\n\nalleged act, error, or omission that occurred, or that the person\n\nagainst whom the claim is made had a reasonable basis for believing\n\noccurred within the scope of Compact Commission employment, duties,\n\nor responsibilities; provided, that nothing in this paragraph shall\n\nbe construed to protect any such person from suit or liability for\n\nany damage, loss, injury, or liability caused by the intentional or\n\nwillful or wanton misconduct of that person. The procurement of\n\ninsurance of any type by the Compact Commission shall not in any way\n\ncompromise or limit the immunity granted hereunder.\n\n2. The Compact Commission shall defend any member, officer,\n\nexecutive director, employee, and representative of the Compact\n\nCommission in any civil action seeking to impose liability arising\n\nout of any actual or alleged act, error, or omission that occurred\n\nwithin the scope of Compact Commission employment, duties, or\n\nresponsibilities, or as determined by the Compact Commission that\n\nthe person against whom the claim is made had a reasonable basis for\n\nbelieving occurred within the scope of Compact Commission\n\nemployment, duties, or responsibilities; provided that nothing\n\nherein shall be construed to prohibit that person from retaining\n\ntheir own counsel at their own expense; and provided further, that\n\nthe actual or alleged act, error, or omission did not result from\n\nthat person’s intentional or willful or wanton misconduct.\n\n3. The Compact Commission shall indemnify and hold harmless any\n\nmember, officer, executive director, employee, and representative of\n\nthe Compact Commission for the amount of any settlement or judgment\n\nobtained against that person arising out of any actual or alleged\n\nact, error, or omission that occurred within the scope of Compact\n\nCommission employment, duties, or responsibilities, or that such\n\nperson had a reasonable basis for believing occurred within the\n\nscope of Compact Commission employment, duties, or responsibilities,\n\nprovided that the actual or alleged act, error, or omission did not\n\nresult from the intentional or willful or wanton misconduct of that\n\nperson.\n\n4. Nothing herein shall be construed as a limitation on the\nion employment, duties, or responsibilities, or that such\n\nperson had a reasonable basis for believing occurred within the\n\nscope of Compact Commission employment, duties, or responsibilities,\n\nprovided that the actual or alleged act, error, or omission did not\n\nresult from the intentional or willful or wanton misconduct of that\n\nperson.\n\n4. Nothing herein shall be construed as a limitation on the\n\nliability of any Licensee for professional malpractice or\n\nmisconduct, which shall be governed solely by any other applicable\n\nState laws.\n\n5. Nothing in this Compact shall be interpreted to waive or\n\notherwise abrogate a Member State’s state action immunity or state\n\naction affirmative defense with respect to antitrust claims under\n\nthe Sherman Act, Clayton Act, or any other State or federal\n\nantitrust or anticompetitive law or regulation.\n\n6. Nothing in this Compact shall be construed to be a waiver of\n\nsovereign immunity by the Member States or by the Compact\n\nCommission.\n\nSECTION 9: DATA SYSTEM\n\nA. The Compact Commission shall provide for the development,\n\nmaintenance, operation, and utilization of a coordinated Data\n\nSystem.\n\nB. The Compact Commission shall assign each applicant for a\n\nCompact Privilege a unique identifier, as determined by the Rules.\n\nC. Notwithstanding any other provision of State law to the\n\ncontrary, a Member State shall submit a uniform data set to the Data\n\nSystem on all individuals to whom this Compact is applicable as\n\nrequired by the Rules of the Compact Commission, including:\n\n1. Identifying information;\n\n2. Licensure data;\n\n3. Adverse Actions against a License or Compact Privilege and\n\ninformation related thereto;\n\n4. Nonconfidential information related to Alternative Program\n\nparticipation, the beginning and ending dates of such participation,\n\nand other information related to such participation not made\n\nconfidential under Member State law;\n\n5. Any denial of application for licensure, and the reason(s)\n\nfor such denial;\n\n6. The presence of Current Significant Investigative\n\nInformation; and\n\n7. Other information that may facilitate the administration of\n\nthis Compact or the protection of the public, as determined by the\n\nRules of the Compact Commission.\n\nD. The records and information provided to a Member State\n\npursuant to this Compact or through the Data System, when certified\n\nby the Compact Commission or an agent thereof, shall constitute the\n\nauthenticated business records of the Compact Commission, and shall\n\nbe entitled to any associated hearsay exception in any relevant\n\njudicial, quasi-judicial, or administrative proceedings in a Member\n\nState.\n\nE. Current Significant Investigative Information pertaining to\n\na Licensee in any Member State will only be available to other\n\nMember States.\n\nF. It is the responsibility of the Member States to report any\n\nAdverse Action against a Licensee and to monitor the Data System to\n\ndetermine whether any Adverse Action has been taken against a\n\nLicensee. Adverse Action information pertaining to a Licensee in\n\nany Member State will be available to any other Member State.\n\nG. Member States contributing information to the Data System\n\nmay designate information that may not be shared with the public\n\nwithout the express permission of the contributing State.\n\nH. Any information submitted to the Data System that is\n\nsubsequently expunged pursuant to federal law or the laws of the\n\nMember State contributing the information shall be removed from the\n\nData System.\n\nSECTION 10: RULEMAKING\n\nA. The Compact Commission shall promulgate reasonable Rules in\n\norder to effectively and efficiently implement and administer the\n\npurposes and provisions of the Compact. A Rule shall be invalid and\n\nhave no force or effect only if a court of competent jurisdiction\n\nholds that the Rule is invalid because the Compact Commission\nG\n\nA. The Compact Commission shall promulgate reasonable Rules in\n\norder to effectively and efficiently implement and administer the\n\npurposes and provisions of the Compact. A Rule shall be invalid and\n\nhave no force or effect only if a court of competent jurisdiction\n\nholds that the Rule is invalid because the Compact Commission\n\nexercised its rulemaking authority in a manner that is beyond the\n\nscope and purposes of the Compact, or the powers granted hereunder,\n\nor based upon another applicable standard of review.\n\nB. The Rules of the Compact Commission shall have the force of\n\nlaw in each Member State; provided, however, that where the Rules\n\nconflict with the laws or regulations of a Member State that relate\n\nto the procedures, actions, and processes a Licensed Dietitian is\n\npermitted to undertake in that State and the circumstances under\n\nwhich they may do so, as held by a court of competent jurisdiction,\n\nthe Rules of the Compact Commission shall be ineffective in that\n\nState to the extent of the conflict.\n\nC. The Compact Commission shall exercise its rulemaking powers\n\npursuant to the criteria set forth in this section and the Rules\n\nadopted thereunder. Rules shall become binding on the day following\n\nadoption or as of the date specified in the Rule or amendment,\n\nwhichever is later.\n\nD. If a majority of the legislatures of the Member States\n\nrejects a Rule or portion of a Rule, by enactment of a statute or\n\nresolution in the same manner used to adopt the Compact within four\n\n(4) years of the date of adoption of the Rule, then such Rule shall\n\nhave no further force and effect in any Member State.\n\nE. Rules shall be adopted at a regular or special meeting of\n\nthe Compact Commission.\n\nF. Prior to adoption of a proposed Rule, the Compact Commission\n\nshall hold a public hearing and allow persons to provide oral and\n\nwritten comments, data, facts, opinions, and arguments.\n\nG. Prior to adoption of a proposed Rule by the Compact\n\nCommission, and at least thirty (30) days in advance of the meeting\n\nat which the Compact Commission will hold a public hearing on the\n\nproposed Rule, the Compact Commission shall provide a Notice of\n\nProposed rulemaking:\n\n1. On the website of the Compact Commission or other publicly\n\naccessible platform;\n\n2. To persons who have requested notice of the Compact\n\nCommission’s notices of proposed rulemaking; and\n\n3. In such other way(s) as the Compact Commission may by Rule\n\nspecify.\n\nH. The Notice of Proposed rulemaking shall include:\n\n1. The time, date, and location of the public hearing at which\n\nthe Compact Commission will hear public comments on the proposed\n\nRule and, if different, the time, date, and location of the meeting\n\nwhere the Compact Commission will consider and vote on the proposed\n\nRule;\n\n2. If the hearing is held via telecommunication, video\n\nconference, or other means of communication, the Compact Commission\n\nshall include the mechanism for access to the hearing in the Notice\n\nof Proposed rulemaking;\n\n3. The text of the proposed Rule and the reason therefore;\n\n4. A request for comments on the proposed Rule from any\n\ninterested person; and\n\n5. The manner in which interested persons may submit written\n\ncomments.\n\nI. All hearings will be recorded. A copy of the recording and\n\nall written comments and documents received by the Compact\n\nCommission in response to the proposed Rule shall be available to\n\nthe public.\n\nJ. Nothing in this section shall be construed as requiring a\n\nseparate hearing on each Rule. Rules may be grouped for the\n\nconvenience of the Compact Commission at hearings required by this\n\nsection.\n\nK. The Compact Commission shall, by majority vote of all\n\nmembers, take final action on the proposed Rule based on the\n\nrulemaking record and the full text of the Rule.\n\n1. The Compact Commission may adopt changes to the proposed\nll be construed as requiring a\n\nseparate hearing on each Rule. Rules may be grouped for the\n\nconvenience of the Compact Commission at hearings required by this\n\nsection.\n\nK. The Compact Commission shall, by majority vote of all\n\nmembers, take final action on the proposed Rule based on the\n\nrulemaking record and the full text of the Rule.\n\n1. The Compact Commission may adopt changes to the proposed\n\nRule provided the changes do not enlarge the original purpose of the\n\nproposed Rule.\n\n2. The Compact Commission shall provide an explanation of the\n\nreasons for substantive changes made to the proposed Rule as well as\n\nreasons for substantive changes not made that were recommended by\n\ncommenters.\n\n3. The Compact Commission shall determine a reasonable\n\neffective date for the Rule. Except for an emergency as provided in\n\nSection 10(L), the effective date of the Rule shall be no sooner\n\nthan thirty (30) days after issuing the notice that it adopted or\n\namended the Rule.\n\nL. Upon determination that an emergency exists, the Compact\n\nCommission may consider and adopt an emergency Rule with twenty-four\n\n(24) hours’ notice, with opportunity to comment, provided that the\n\nusual rulemaking procedures provided in the Compact and in this\n\nsection shall be retroactively applied to the Rule as soon as\n\nreasonably possible, in no event later than ninety (90) days after\n\nthe effective date of the Rule. For the purposes of this provision,\n\nan emergency Rule is one that must be adopted immediately in order\n\nto:\n\n1. Meet an imminent threat to public health, safety, or\n\nwelfare;\n\n2. Prevent a loss of Compact Commission or Member State funds;\n\n3. Meet a deadline for the promulgation of a Rule that is\n\nestablished by federal law or rule; or\n\n4. Protect public health and safety.\n\nM. The Compact Commission or an authorized committee of the\n\nCompact Commission may direct revision to a previously adopted Rule\n\nfor purposes of correcting typographical errors, errors in format,\n\nerrors in consistency, or grammatical errors. Public notice of any\n\nrevision shall be posted on the website of the Compact Commission.\n\nThe revision shall be subject to challenge by any person for a\n\nperiod of thirty (30) days after posting. The revision may be\n\nchallenged only on grounds that the revision results in a material\n\nchange to a Rule. A challenge shall be made in writing and\n\ndelivered to the Compact Commission prior to the end of the notice\n\nperiod. If no challenge is made, the revision will take effect\n\nwithout further action. If the revision is challenged, the revision\n\nmay not take effect without the approval of the Compact Commission.\n\nN. No Member State’s rulemaking requirements shall apply under\n\nthis Compact.\n\nSECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT\n\nA. Oversight.\n\n1. The executive and judicial branches of State government in\n\neach Member State shall enforce this Compact and take all actions\n\nnecessary and appropriate to implement this Compact.\n\n2. Except as otherwise provided in this Compact, venue is\n\nproper and judicial proceedings by or against the Compact Commission\n\nshall be brought solely and exclusively in a court of competent\n\njurisdiction where the principal office of the Compact Commission is\n\nlocated. The Compact Commission may waive venue and jurisdictional\n\ndefenses to the extent it adopts or consents to participate in\n\nalternative dispute resolution proceedings. Nothing herein shall\n\naffect or limit the selection or propriety of venue in any action\n\nagainst a Licensee for professional malpractice, misconduct, or any\n\nsuch similar matter.\n\n3. The Compact Commission shall be entitled to receive service\n\nof process in any proceeding regarding the enforcement or\n\ninterpretation of the Compact and shall have standing to intervene\n\nin such a proceeding for all purposes. Failure to provide the\n\nCompact Commission service of process shall render a judgment or\nLicensee for professional malpractice, misconduct, or any\n\nsuch similar matter.\n\n3. The Compact Commission shall be entitled to receive service\n\nof process in any proceeding regarding the enforcement or\n\ninterpretation of the Compact and shall have standing to intervene\n\nin such a proceeding for all purposes. Failure to provide the\n\nCompact Commission service of process shall render a judgment or\n\norder void as to the Compact Commission, this Compact, or\n\npromulgated Rules.\n\nB. Default, Technical Assistance, and Termination.\n\n1. If the Compact Commission determines that a Member State has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder this Compact or the promulgated Rules, the Compact Commission\n\nshall provide written notice to the defaulting State. The notice of\n\ndefault shall describe the default, the proposed means of curing the\n\ndefault, and any other action that the Compact Commission may take\n\nand shall offer training and specific technical assistance regarding\n\nthe default.\n\n2. The Compact Commission shall provide a copy of the notice of\n\ndefault to the other Member States.\n\nC. If a State in default fails to cure the default, the\n\ndefaulting State may be terminated from the Compact upon an\n\naffirmative vote of a majority of the delegates of the Member\n\nStates, and all rights, privileges, and benefits conferred on that\n\nState by this Compact may be terminated on the effective date of\n\ntermination. A cure of the default does not relieve the offending\n\nState of obligations or liabilities incurred during the period of\n\ndefault.\n\nD. Termination of membership in the Compact shall be imposed\n\nonly after all other means of securing compliance have been\n\nexhausted. Notice of intent to suspend or terminate shall be given\n\nby the Compact Commission to the governor, the majority and minority\n\nleaders of the defaulting State’s legislature, the defaulting\n\nState’s Licensing Authority, and each of the Member States’\n\nLicensing Authorities.\n\nE. A State that has been terminated is responsible for all\n\nassessments, obligations, and liabilities incurred through the\n\neffective date of termination, including obligations that extend\n\nbeyond the effective date of termination.\n\nF. Upon the termination of a State’s membership from this\n\nCompact, that State shall immediately provide notice to all\n\nLicensees within that State of such termination. The terminated\n\nState shall continue to recognize all Compact Privileges granted\n\npursuant to this Compact for a minimum of six (6) months after the\n\ndate of said notice of termination.\n\nG. The Compact Commission shall not bear any costs related to a\n\nState that is found to be in default or that has been terminated\n\nfrom the Compact, unless agreed upon in writing between the Compact\n\nCommission and the defaulting State.\n\nH. The defaulting State may appeal the action of the Compact\n\nCommission by petitioning the United States District Court for the\n\nDistrict of Columbia or the federal district where the Compact\n\nCommission has its principal offices. The prevailing party shall be\n\nawarded all costs of such litigation, including reasonable\n\nattorney’s fees.\n\nI. Dispute Resolution.\n\n1. Upon request by a Member State, the Compact Commission shall\n\nattempt to resolve disputes related to the Compact that arise among\n\nMember States and between Member and non-Member States.\n\n2. The Compact Commission shall promulgate a Rule providing for\n\nboth mediation and binding dispute resolution for disputes as\n\nappropriate.\n\nJ. Enforcement.\n\n1. By supermajority vote, the Compact Commission may initiate\n\nlegal action against a Member State in default in the United States\n\nDistrict Court for the District of Columbia or the federal district\n\nwhere the Compact Commission has its principal offices to enforce\nspute resolution for disputes as\n\nappropriate.\n\nJ. Enforcement.\n\n1. By supermajority vote, the Compact Commission may initiate\n\nlegal action against a Member State in default in the United States\n\nDistrict Court for the District of Columbia or the federal district\n\nwhere the Compact Commission has its principal offices to enforce\n\ncompliance with the provisions of the Compact and its promulgated\n\nRules. The relief sought may include both injunctive relief and\n\ndamages. In the event judicial enforcement is necessary, the\n\nprevailing party shall be awarded all costs of such litigation,\n\nincluding reasonable attorney’s fees. The remedies herein shall not\n\nbe the exclusive remedies of the Compact Commission. The Compact\n\nCommission may pursue any other remedies available under federal or\n\nthe defaulting Member State’s law.\n\n2. A Member State may initiate legal action against the Compact\n\nCommission in the United States District Court for the District of\n\nColumbia or the federal district where the Compact Commission has\n\nits principal offices to enforce compliance with the provisions of\n\nthe Compact and its promulgated Rules. The relief sought may\n\ninclude both injunctive relief and damages. In the event judicial\n\nenforcement is necessary, the prevailing party shall be awarded all\n\ncosts of such litigation, including reasonable attorney’s fees.\n\n3. No party other than a Member State shall enforce this\n\nCompact against the Compact Commission.\n\nSECTION 12: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT\n\nA. The Compact shall come into effect on the date on which the\n\nCompact statute is enacted into law in the seventh Member State.\n\n1. On or after the effective date of the Compact, the Compact\n\nCommission shall convene and review the enactment of each of the\n\nfirst seven Member States (“Charter Member States”) to determine if\n\nthe statute enacted by each such Charter Member State is materially\n\ndifferent than the model Compact statute.\n\na. A Charter Member State whose enactment is found to be\n\nmaterially different from the model Compact statute\n\nshall be entitled to the default process set forth in\n\nSection 11.\n\nb. If any Member State is later found to be in default,\n\nor is terminated, or withdraws from the Compact, the\n\nCompact Commission shall remain in existence and the\n\nCompact shall remain in effect even if the number of\n\nMember States should be less than seven.\n\n2. Member States enacting the Compact subsequent to the seven\n\ninitial Charter Member States shall be subject to the process set\n\nforth in Section 8(C)(21) to determine if their enactments are\n\nmaterially different from the model Compact statute and whether they\n\nqualify for participation in the Compact.\n\n3. All actions taken for the benefit of the Compact Commission\n\nor in furtherance of the purposes of the administration of the\n\nCompact prior to the effective date of the Compact or the Compact\n\nCommission coming into existence shall be considered to be actions\n\nof the Compact Commission unless specifically repudiated by the\n\nCompact Commission.\n\n4. Any State that joins the Compact subsequent to the Compact\n\nCommission’s initial adoption of the Rules and bylaws shall be\n\nsubject to the Rules and bylaws as they exist on the date on which\n\nthe Compact becomes law in that State. Any Rule that has been\n\npreviously adopted by the Compact Commission shall have the full\n\nforce and effect of law on the day the Compact becomes law in that\n\nState.\n\nB. Any Member State may withdraw from this Compact by enacting\n\na statute repealing the same.\n\n1. A Member State’s withdrawal shall not take effect until one\n\nhundred eighty (180) days after enactment of the repealing statute.\n\n2. Withdrawal shall not affect the continuing requirement of\n\nthe withdrawing State’s Licensing Authority to comply with the\nhe day the Compact becomes law in that\n\nState.\n\nB. Any Member State may withdraw from this Compact by enacting\n\na statute repealing the same.\n\n1. A Member State’s withdrawal shall not take effect until one\n\nhundred eighty (180) days after enactment of the repealing statute.\n\n2. Withdrawal shall not affect the continuing requirement of\n\nthe withdrawing State’s Licensing Authority to comply with the\n\ninvestigative and Adverse Action reporting requirements of this\n\nCompact prior to the effective date of withdrawal.\n\n3. Upon the enactment of a statute withdrawing from this\n\nCompact, a State shall immediately provide notice of such withdrawal\n\nto all Licensees within that State. Notwithstanding any subsequent\n\nstatutory enactment to the contrary, such withdrawing State shall\n\ncontinue to recognize all Compact Privileges granted pursuant to\n\nthis Compact for a minimum of one hundred eighty (180) days after\n\nthe date of such notice of withdrawal.\n\nC. Nothing contained in this Compact shall be construed to\n\ninvalidate or prevent any licensure agreement or other cooperative\n\narrangement between a Member State and a non-Member State that does\n\nnot conflict with the provisions of this Compact.\n\nD. This Compact may be amended by the Member States. No\n\namendment to this Compact shall become effective and binding upon\n\nany Member State until it is enacted into the laws of all Member\n\nStates.\n\nSECTION 13: CONSTRUCTION AND SEVERABILITY\n\nA. This Compact and the Compact Commission’s rulemaking\n\nauthority shall be liberally construed so as to effectuate the\n\npurposes and the implementation and administration of the Compact.\n\nProvisions of the Compact expressly authorizing or requiring the\n\npromulgation of Rules shall not be construed to limit the Compact\n\nCommission’s rulemaking authority solely for those purposes.\n\nB. The provisions of this Compact shall be severable and if any\n\nphrase, clause, sentence, or provision of this Compact is held by a\n\ncourt of competent jurisdiction to be contrary to the constitution\n\nof any Member State, a State seeking participation in the Compact,\n\nor of the United States, or the applicability thereof to any\n\ngovernment, agency, person, or circumstance is held to be\n\nunconstitutional by a court of competent jurisdiction, the validity\n\nof the remainder of this Compact and the applicability thereof to\n\nany other government, agency, person, or circumstance shall not be\n\naffected thereby.\n\nC. Notwithstanding Section 13(B), the Compact Commission may\n\ndeny a State’s participation in the Compact or, in accordance with\n\nthe requirements of Section 11(B), terminate a Member State’s\n\nparticipation in the Compact, if it determines that a constitutional\n\nrequirement of a Member State is a material departure from the\n\nCompact. Otherwise, if this Compact shall be held to be contrary to\n\nthe constitution of any Member State, the Compact shall remain in\n\nfull force and effect as to the remaining Member States and in full\n\nforce and effect as to the Member State affected as to all severable\n\nmatters.\n\nSECTION 14: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE\n\nLAWS\n\nA. Nothing herein shall prevent or inhibit the enforcement of\n\nany other law of a Member State that is not inconsistent with the\n\nCompact.\n\nB. Any laws, statutes, regulations, or other legal requirements\n\nin a Member State in conflict with the Compact are superseded to the\n\nextent of the conflict.\n\nC. All permissible agreements between the Compact Commission\n\nand the Member States are binding in accordance with their terms.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fa123c42621e81ce4cba771e5c704aeb6a77d579a0f8edf9300c5e4397efa53e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1742.1","next":"us-ok/okla.-stat.-tit.-59-59-1750.1"},"notice":"GroundRules: Original legal text. Not legal advice."}