§ 147K.1 — Dietitian licensure compact

Iowa § 147K.1

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 147K: DIETITIAN LICENSURE COMPACT

Text

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 all of the following
objectives:
a. Increase public access to dietetics services.
b. Provide opportunities for interstate practice by licensed dietitians who meet uniform
requirements.
c. Eliminate the necessity for licenses in multiple states.
d. Reduce administrative burden on member states and licensees.
e. Enhance the states’ ability to protect the public’s health and safety.
f. Encouragethecooperationofmemberstatesinregulatingmultistatepracticeoflicensed
dietitians.
g. Support relocating active military members and their spouses.
h. Enhance the exchange of licensure, investigative, and disciplinary information among
member states.
i. Vest all member states with the authority to hold a licensed dietitian accountable for
meeting all state practice laws in the state in which the patient is located at the time care is
rendered.
2. Definitions. As used in this compact, and except as otherwise provided, the following
definitions shall apply:
a. “ACEND” means the accreditation council for education in nutrition and dietetics or its
successor organization.
b. “Active military member” means any individual with full-time duty status in the active
armed forces of the United States, including members of the national guard and reserve.
c. “Adverse action” means any administrative, civil, equitable, or criminal action
permitted by a state’s laws which is imposed by a licensing authority or other authority
against a licensee, including actions against an individual’s license or compact privilege such
as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s
practice, or any other encumbrance on licensure affecting a licensee’s authorization to
practice, including issuance of a cease and desist action.
d. “Alternative program” means a 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 subsection 12.
g. “Compact commission” means the government agency whose membership consists of
all states that have enacted this compact, which is known as the dietitian licensure compact
commission, as described in subsection 8, and which shall operate as an instrumentality of
the member states.
h. “Compact privilege” means a legal authorization, which is equivalent to a license,
permitting the practice of dietetics in a remote state.
i. “Continuing education” means a requirement, as a condition of license renewal,
to provide evidence of participation in, and completion of, educational and professional
activities relevant to practice or area of work.
j. “Current significant investigative information” means all of the following:
(1) Investigative information that a licensing authority, after a preliminary inquiry that
includes notification and an opportunity for the subject licensee to respond, if required by
§147K.1, DIETITIAN LICENSURE COMPACT 2
state law, has reason to believe is not groundless and, if proved true, would indicate more
than a minor infraction.
(2) Investigative information that indicates that the subject licensee represents an
immediate threat to public health and safety regardless of whether the subject licensee has
been notified and had an opportunity to respond.
k. “Data system” means a repository of information about licensees, including but not
limitedtocontinuingeducation, examination, licensure, investigative, compactprivilege, and
adverse action information.
l. “Encumbered license” means a license in which an adverse action restricts a licensee’s
ability to practice dietetics.
m. “Encumbrance” means a revocation or suspension of, or any limitation on a licensee’s
full and unrestricted practice of dietetics by a licensing authority.
n. “Executivecommittee”meansagroupofdelegateselectedorappointedtoactonbehalf
of, and within the powers granted to them by, this compact, and the compact commission.
o. “Home state” means the member state that is the licensee’s primary state of residence
or that has been designated pursuant to subsection 6.
p. “Investigative information” means information, records, and documents received or
generated by a licensing authority pursuant to an investigation.
q. “Jurisprudence requirement” means an assessment of an individual’s knowledge of the
state laws and regulations governing the practice of dietetics in such state.
r. “License” means an authorization from a member state to do either of the following:
(1) Engage in the practice of dietetics, including medical nutrition therapy.
(2) Use the title dietitian, licensed dietitian, licensed dietitian nutritionist, certified
dietitian, or other title describing a substantially similar practitioner as the compact
commission may further define by rule.
s. “Licensee” or “licensed dietitian” means an individual who currently holds a license and
who meets all of the requirements outlined in subsection 4.
t. “Licensing authority” means the board or agency of a state, or equivalent, that is
responsible for the licensing and regulation of the practice of dietetics.
u. “Member state” means a state that has enacted the compact.
v. “Practice of dietetics” means the synthesis and application of dietetics, primarily for
the provision of nutrition care services, including medical nutrition therapy, in person or via
telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.
w. “Registered dietitian” means a person who meets all of the following requirements:
(1) Has completed applicable education, experience, examination, and recertification
requirements approved by CDR.
(2) Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist.
(3) Is legally authorized to use the title registered dietitian or registered dietitian
nutritionist and the corresponding abbreviations “RD” or “RDN”.
x. “Remote state” means a member state other than the home state, where a licensee is
exercising or seeking to exercise a compact privilege.
y. “Rule” means a regulation promulgated by the compact commission that has the force
of law.
z. “Single state license” means a license issued by a member state within the issuing state
and does not include a compact privilege in any other member state.
aa. “State” means any state, commonwealth, district, or territory of the United States of
America.
ab. “Unencumbered license” means a license that authorizes a licensee to engage in the
full and unrestricted practice of dietetics.
3. State participation in the compact.
a. To participate in the compact, a state must currently do all of the following:
(1) License and regulate the practice of dietetics.
(2) Haveamechanisminplaceforreceivingandinvestigatingcomplaintsaboutlicensees.
b. A member state shall do all of the following:
(1) Participate fully in the compact commission’s data system, including using the unique
identifier as defined in rules.
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(2) Notify the compact commission, in compliance with the terms of the compact and
rules, of any adverse action or the availability of current significant investigative information
regarding a licensee.
(3) Implement or utilize procedures for considering the criminal history record
information of applicants for an initial compact privilege. These procedures shall include
the submission of fingerprints or other biometric-based information by applicants for the
purpose of obtaining an applicant’s criminal history record information from the federal
bureau of investigation and the agency responsible for retaining that state’s criminal records.
(a) A member state must fully implement a criminal history record information
requirement, within a time frame established by rule, which includes receiving the results of
the federal bureau of investigation record search and shall use those results in determining
compact privilege eligibility.
(b) Communication between a member state and the compact commission or among
member states regarding the verification of eligibility for a compact privilege shall not
include any information received from the federal bureau of investigation relating to a
federal criminal history record information check performed by a member state.
(4) Comply with and enforce the rules of the compact commission.
(5) Require an applicant for a compact privilege to obtain or retain a license in the
licensee’s home state and meet the home state’s qualifications for licensure or renewal of
licensure, as well as all other applicable state laws.
(6) Recognize a compact privilege granted to a licensee who meets all of the requirements
outlined in subsection 4 in accordance with the terms of the compact and rules.
c. Member states may set and collect a fee for granting a compact privilege.
d. Individuals not residing in a member state shall continue to be able to apply for
a member state’s single state license as provided under the laws of each member state.
However, the single state license granted to these individuals shall not be recognized as
granting a compact privilege to engage in the practice of dietetics in any other member state.
e. Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
f. At no point shall the compact commission have the power to define the requirements
for the issuance of a single state license to practice dietetics. The member states shall retain
sole jurisdiction over the provision of these requirements.
4. Compact privilege.
a. To exercise the compact privilege under the terms and provisions of the compact, the
licensee shall do all of the following:
(1) Satisfy one of the following:
(a) Hold a valid current registration that gives the applicant the right to use the term
registered dietitian.
(b) Complete all of the following:
(i) An education program that is either of the following:
(A) A master’s degree or doctoral degree that is programmatically accredited by
ACEND or a dietetics accrediting agency recognized by the United States department of
education, which the compact commission may by rule determine, and from a college or
university accredited at the time of graduation by the appropriate regional accrediting
agency recognized by the council on higher education accreditation and the United States
department of education.
(B) An academic degree from a college or university in a foreign country equivalent to the
degree described in subparagraph part (A) that is programmatically accredited by ACEND
or a dietetics accrediting agency recognized by the United States department of education,
which the compact commission may by rule determine.
(ii) A planned, documented, supervised practice experience in dietetics that is
programmatically accredited by ACEND or a dietetics accrediting agency recognized by
the United States department of education which the compact commission may by rule
determine and which involves at least one thousand hours of practice experience under the
supervision of a registered dietitian or a licensed dietitian.
(iii) Successful completion of either the registration examination for dietitians
§147K.1, DIETITIAN LICENSURE COMPACT 4
administered by CDR or a national credentialing examination for dietitians approved by
the compact commission by rule; such completion being no more than five years prior to
the date of the licensee’s application for initial licensure and accompanied by a period of
continuous licensure thereafter, all of which may be further governed by the rules of the
compact commission.
(2) Hold an unencumbered license in the home state.
(3) Notify the compact commission that the licensee is seeking a compact privilege within
a remote state.
(4) Pay any applicable fees, including any state fee, for the compact privilege.
(5) Meet any jurisprudence requirements established by the remote state in which the
licensee is seeking a compact privilege.
(6) Report to the compact commission any adverse action, encumbrance, or restriction on
a license taken by any nonmember state within thirty days from the date the action is taken.
b. The compact privilege is valid until the expiration date of the home state license. To
maintain a compact privilege, renewal of the compact privilege shall be congruent with the
renewalofthehomestatelicenseasthecompactcommissionmaydefinebyrule. Thelicensee
must comply with the requirements of paragraph “a” to maintain the compact privilege in the
remote state.
c. A licensee exercising a compact privilege shall adhere to the laws and regulations of
the remote state. A licensee shall be responsible for obtaining education on, and complying
with, any and all state laws relating to the practice of dietetics in such remote state.
d. Notwithstanding anything to the contrary provided in this compact or state law,
a licensee exercising a compact privilege shall not be required to complete continuing
education requirements required by a remote state. A licensee exercising a compact
privilege is only required to meet any continuing education requirements as required by the
home state.
5. Obtaining a new home state license based on a compact privilege.
a. A licensee may hold a home state license, which allows for a compact privilege in other
member states, in only one member state at a time.
b. If a licensee changes home state by moving between two member states, the following
shall occur:
(1) The licensee shall file an application for obtaining a new home state license based on
a compact privilege, pay all applicable fees, and notify the current and new home state in
accordance with the rules of the compact commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of
a compact privilege, the new home state shall verify that the licensee meets the criteria in
subsection 4 via the data system, and require that the licensee complete all of the following:
(a) Federal bureau of investigation fingerprint-based criminal history record information
check.
(b) Any other criminal history record information required by the new home state.
(c) Any jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact
privilege once the new home state has activated the new home state license in accordance
with applicable rules adopted by the compact commission.
(4) Notwithstanding any other provision of this compact, if the licensee cannot meet the
criteria in subsection 4, the new home state may apply its requirements for issuing a new
single state license.
(5) The licensee shall pay all applicable fees to the new home state in order to be issued
a new home state license.
c. If a licensee changes their state of residence by moving from a member state to a
nonmember state, or from a nonmember state to a member state, the state criteria shall
apply for issuance of a single state license in the new state.
d. Nothing in this compact shall interfere with a licensee’s ability to hold a single state
license in multiple states; however, for the purposes of this compact, a licensee shall have
only one home state license.
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e. Nothing in this compact shall affect the requirements established by a member state
for the issuance of a single state license.
6. Active military members or their spouses. An active military member, or the active
military member’s spouse, shall designate a home state where the individual has a current
license in good standing. The individual may retain the home state designation during the
period the service member is on active duty.
7. Adverse actions.
a. In addition to the other powers conferred by state law, a remote state shall have the
authority, in accordance with existing state due process law, to do all of the following:
(1) Take adverse action against a licensee’s compact privilege within that member state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and
testimonyofwitnessesaswellastheproductionofevidence. Subpoenasissuedbyalicensing
authority in a member state for the attendance and testimony of witnesses or the production
of evidence from another member state shall be enforced in the latter state by any court
of competent jurisdiction, according to the practice and procedure applicable to subpoenas
issued in proceedings pending before that court. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by the service statutes of the state in
which the witnesses or evidence are located.
b. Only the home state shall have the power to take adverse action against a licensee’s
home state license.
c. For purposes of taking adverse action, the home state shall give the same priority
and effect to reported conduct received from a member state as it would if the conduct had
occurred within the home state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
d. The home state shall complete any pending investigations of a licensee who changes
home states during the course of the investigations. The home state shall also have authority
to take appropriate action and shall promptly report the conclusions of the investigations to
the administrator of the data system. The administrator of the data system shall promptly
notify the new home state of any adverse actions.
e. A member state, if otherwise permitted by state law, may recover from the affected
licenseethecostsofinvestigationsanddispositionsofcasesresultingfromanyadverseaction
taken against that licensee.
f. Amemberstatemaytakeadverseactionbasedonthefactualfindingsofanotherremote
state,providedthatthememberstatefollowsitsownproceduresfortakingtheadverseaction.
g. Joint investigations.
(1) In addition to the authority granted to a member state by its respective state law, any
member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in
furtherance of any joint investigation initiated under the compact.
h. If adverse action is taken by the home state against a licensee’s home state license
resulting in an encumbrance on the home state license, the licensee’s compact privilege in
all other member states shall be revoked until all encumbrances have been removed from
the home state license. All home state disciplinary orders that impose adverse action against
a licensee shall include a statement that the licensee’s compact privileges are revoked in all
member states during the pendency of the order.
i. Once an encumbered license in the home state is restored to an unencumbered license,
ascertifiedbythehomestate’slicensingauthority,thelicenseemustmeettherequirementsof
subsection 4, paragraph “a”, and follow the administrative requirements to reapply to obtain
a compact privilege in any remote state.
j. If a member state takes adverse action, it shall promptly notify the administrator of the
data system. The administrator of the data system shall promptly notify the other member
states of any adverse actions.
k. Nothing in this compact shall override a member state’s decision that participation in
an alternative program may be used in lieu of adverse action.
8. Establishment of the dietitian licensure compact commission.
a. The compact member states hereby create and establish a joint government agency
§147K.1, DIETITIAN LICENSURE COMPACT 6
whose membership consists of all member states that have enacted the compact known as
the dietitian licensure compact commission. The compact commission is an instrumentality
of the compact states acting jointly and not an instrumentality of any one state. The compact
commission shall come into existence on or after the effective date of the compact as set forth
in subsection 12.
b. Membership, voting, and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member
state’s licensing authority.
(2) The delegate shall be the primary administrator of the licensing authority or the
administrator’s designee.
(3) The compact commission shall by rule or bylaw establish a term of office for delegates
and may by rule or bylaw establish term limits.
(4) The compact commission may recommend removal or suspension of any delegate
from office.
(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on
the compact commission within sixty days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the compact
commission requiring a vote by the delegates.
(7) Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws
may provide for delegates to meet and vote in person or by telecommunication, video
conference, or other means of communication.
(8) The compact commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The compact commission
may meet in person or by telecommunication, video conference, or other means of
communication.
c. The compact commission shall have all of the following powers:
(1) Establish the fiscal year of the compact commission.
(2) Establish code of conduct and conflict of interest policies.
(3) Establish and amend rules and bylaws.
(4) Maintain financial records in accordance with the bylaws.
(5) Meet and take such actions as are consistent with the provisions of this compact, the
compact commission’s rules, and the bylaws.
(6) Initiate and conclude legal proceedings or actions in the name of the compact
commission, provided that the standing of any licensing authority to sue or be sued under
applicable law shall not be affected.
(7) Maintain and certify records and information provided to a member state as the
authenticated business records of the compact commission, and designate an agent to do so
on the compact commission’s behalf.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel, including but not limited to
employees of a member state.
(10) Conduct an annual financial review.
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of the compact, and establish
the compact commission’s personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters.
(12) Assess and collect fees.
(13) Accept any and all appropriate donations, grants of money, other sources of revenue,
equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the
same, providedthatatalltimesthecompactcommissionshallavoidanyactualorappearance
of impropriety or conflict of interest.
(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein.
(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed.
(16) Establish a budget and make expenditures.
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(17) Borrow money.
(18) Appoint committees, including standing committees, composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this compact or the bylaws.
(19) Provide and receive information from, and cooperate with, law enforcement
agencies.
(20) Establish and elect an executive committee, including a chair and a vice chair.
(21) Determine whether a state’s adopted language is materially different from the model
compact language such that the state would not qualify for participation in the compact.
(22) Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
d. The executive committee.
(1) The executive committee shall have the power to act on behalf of the compact
commission according to the terms of this compact. The powers, duties, and responsibilities
of the executive committee shall include all of the following:
(a) Oversee the day-to-day activities of the administration of the compact including
enforcement and compliance with the provisions of the compact, rules, and bylaws, and
other such duties as deemed necessary.
(b) Recommend to the compact commission changes to the rules or bylaws, changes to
this compact legislation, fees charged to compact member states, fees charged to licensees,
and other fees.
(c) Ensure compact administration services are appropriately provided, including by
contract.
(d) Prepare and recommend the budget.
(e) Maintain financial records on behalf of the compact commission.
(f) Monitor compact compliance of member states and provide compliance reports to the
compact commission.
(g) Establish additional committees as necessary.
(h) Exercise the powers and duties of the compact commission during the interim
between compact commission meetings, except for adopting or amending rules, adopting
or amending bylaws, and exercising any other powers and duties expressly reserved to the
compact commission by rule or bylaw.
(i) Other duties as provided in the rules or bylaws of the compact commission.
(2) The executive committee shall be composed of the following nine members:
(a) The chair and vice chair of the compact commission shall be voting members of the
executive committee.
(b) Five voting members from the current membership of the compact commission,
elected by the compact commission.
(c) One ex officio, nonvoting member from a recognized professional association
representing dietitians.
(d) One ex officio, nonvoting member from a recognized national credentialing
organization for dietitians.
(3) The compact commission may remove any member of the executive committee as
provided in the compact commission’s bylaws.
(4) The executive committee shall meet at least annually.
(a) Executive committee meetings shall be open to the public, except that the executive
committee may meet in a closed, nonpublic meeting as provided in paragraph “f”,
subparagraph (2).
(b) The executive committee shall give thirty days’ notice of its meetings, posted on the
internet site of the compact commission and as determined to provide notice to persons with
an interest in the business of the compact commission.
(c) The executive committee may hold a special meeting in accordance with paragraph
“f”, subparagraph (1), subparagraph division (b).
e. The compact commission shall adopt and provide to the member states an annual
report.
f. Meetings of the compact commission.
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(1) All meetings shall be open to the public, except that the compact commission may
meet in a closed, nonpublic meeting as provided in subparagraph (2).
(a) Public notice for all meetings of the full compact commission shall be given in the
same manner as required under the rulemaking provisions in subsection 10, except that the
compact commission may hold a special meeting as provided in subparagraph division (b).
(b) The compact commission may hold a special meeting when it must meet to conduct
emergency business by giving twenty-four hours’ notice to all member states, on the compact
commission’s internet site, and other means as provided in the compact commission’s rules.
The compact commission’s legal counsel shall certify that the compact commission’s need to
meet qualifies as an emergency.
(2) The compact commission or the executive committee or other committees of
the compact commission may convene in a closed, nonpublic meeting for the compact
commission or executive committee or other committees of the compact commission to
receive legal advice or to discuss any of the following:
(a) Noncompliance of a member state with the member state’s obligations under the
compact.
(b) The employment, compensation, discipline, or other matters, practices, or procedures
related to specific employees.
(c) Current or threatened discipline of a licensee by the compact commission or by a
member state’s licensing authority.
(d) Current, threatened, or reasonably anticipated litigation.
(e) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate.
(f) Accusing any person of a crime or formally censuring any person.
(g) Trade secrets or commercial or financial information that is privileged or confidential.
(h) Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy.
(i) Investigative records compiled for law enforcement purposes.
(j) Information related to any investigative reports prepared by or on behalf of or for use
of the compact commission or other committee charged with responsibility of investigation
or determination of compliance issues pursuant to the compact.
(k) Matters specifically exempted from disclosure by federal or member state law.
(l) Other matters as specified in the rules of the compact commission.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
meeting will be closed and reference each relevant exempting provision, and such reference
shall be recorded in the minutes.
(4) The compact commission shall keep minutes that fully and clearly describe all matters
discussedinameetingandshallprovideafullandaccuratesummaryofactionstaken,andthe
reasons therefore, including a description of the views expressed. All documents considered
in connection with an action shall be identified in such minutes. All minutes and documents
of a closed meeting shall remain under seal, subject to release only by a majority vote of the
compact commission or order of a court of competent jurisdiction.
g. Financing the compact commission.
(1) The compact commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
(2) The compact commission may accept any and all appropriate revenue sources as
provided in paragraph “c”, subparagraph (13).
(3) The compact commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom the commission
grants a compact privilege to cover the cost of the operations and activities of the compact
commission and the commission’s staff, which must, in a total amount, be sufficient to cover
the commission’s annual budget as approved each year for which revenue is not provided
by other sources. The aggregate annual assessment amount for member states shall be
allocated based upon a formula that the compact commission shall promulgate by rule.
(4) The compact commission shall not incur obligations of any kind prior to securing the
9 DIETITIAN LICENSURE COMPACT, §147K.1
funds adequate to meet the same, nor shall the compact commission pledge the credit of any
of the member states, except by and with the authority of the member state.
(5) The compact commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the compact commission shall be subject
to the financial review and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the compact commission shall be subject to
an annual financial review by a certified or licensed public accountant, and the report of the
financial review shall be included in and become part of the annual report of the compact
commission.
h. Qualified immunity, defense, and indemnification.
(1) The members, officers, executive director, employees, and representatives of the
compact commission shall be immune from suit and liability, both personally and in their
official capacities, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error, or omission
that occurred, or that the person against whom the claim is made had a reasonable basis
for believing occurred within the scope of compact commission employment, duties, or
responsibilities, provided that nothing in this subparagraph shall be construed to protect
any such person from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person. The procurement of insurance of
any type by the compact commission shall not in any way compromise or limit the immunity
granted hereunder.
(2) The compact commission shall defend any member, officer, executive director,
employee, and representative of the compact commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of compact commission employment, duties, or responsibilities, or as
determined by the compact commission that the person against whom the claim is made
had a reasonable basis for believing occurred within the scope of compact commission
employment, duties, or responsibilities, provided that nothing herein shall be construed to
prohibit that person from retaining their own counsel at their own expense, and provided
further that the actual or alleged act, error, or omission did not result from that person’s
intentional or willful or wanton misconduct.
(3) The compact commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the compact commission for the amount
of any settlement or judgment obtained against that person arising out of any actual or
alleged act, error, or omission that occurred within the scope of compact commission
employment, duties, or responsibilities, or that such person had a reasonable basis for
believing occurred within the scope of compact commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that person.
(4) Nothing herein shall be construed as a limitation on the liability of any licensee
for professional malpractice or misconduct, which shall be governed solely by any other
applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
state’s state action immunity or state action affirmative defense with respect to antitrust
claims under the federal Sherman Act, federal Clayton Act, or any other state or federal
antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
the member states or by the compact commission.
9. Data system.
a. The compact commission shall provide for the development, maintenance, operation,
and utilization of a coordinated data system.
b. The compact commission shall assign each applicant for a compact privilege a unique
identifier, as determined by the rules.
c. Notwithstanding any other provision of state law to the contrary, a member state shall
submit a uniform data set to the data system on all individuals to whom this compact is
applicable as required by the rules of the compact commission, including all of the following:
§147K.1, DIETITIAN LICENSURE COMPACT 10
(1) Identifying information.
(2) Licensure data.
(3) Adverseactionsagainstalicenseorcompactprivilegeandinformationrelatedthereto.
(4) Nonconfidential information related to alternative program participation, the
beginning and ending dates of such participation, and other information related to such
participation not made confidential under member state law.
(5) Any denial of application for licensure, and the reason for such denial.
(6) The presence of current significant investigative information.
(7) Other information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the compact commission.
d. The records and information provided to a member state pursuant to this compact or
through the data system, when certified by the compact commission or an agent thereof,
shall constitute the authenticated business records of the compact commission, and shall
be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or
administrative proceedings in a member state.
e. Current significant investigative information pertaining to a licensee in any member
state will only be available to other member states.
f. It is the responsibility of the member states to report any adverse action against a
licensee and to monitor the data system to determine whether any adverse action has been
taken against a licensee. Adverse action information pertaining to a licensee in any member
state will be available to any other member state.
g. Member states contributing information to the data system may designate information
that may not be shared with the public without the express permission of the contributing
state.
h. Any information submitted to the data system that is subsequently expunged pursuant
to federal law or the laws of the member state contributing the information shall be removed
from the data system.
10. Rulemaking.
a. The compact commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the compact. A rule
shall be invalid and have no force or effect only if a court of competent jurisdiction holds
that the rule is invalid because the compact commission exercised its rulemaking authority
in a manner that is beyond the scope and purposes of the compact, or the powers granted
hereunder, or based upon another applicable standard of review.
b. The rules of the compact commission shall have the force of law in each member state,
provided, however, that where the rules conflict with the laws or regulations of a member
state that relate to the procedures, actions, and processes a licensed dietitian is permitted to
undertake in that state and the circumstances under which they may do so, as held by a court
of competent jurisdiction, the rules of the compact commission shall be ineffective in that
state to the extent of the conflict.
c. The compact commission shall exercise its rulemaking powers pursuant to the criteria
set forth in this section and the rules adopted thereunder. Rules shall become binding on the
dayfollowingadoptionorasofthedatespecifiedintheruleoramendment,whicheverislater.
d. If a majority of the legislatures of the member states rejects a rule or portion of a rule,
by enactment of a statute or resolution in the same manner used to adopt the compact within
four years of the date of adoption of the rule, then such rule shall have no further force and
effect in any member state.
e. Rules shall be adopted at a regular or special meeting of the compact commission.
f. Prior to adoption of a proposed rule, the compact commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions, and
arguments.
g. Prior to adoption of a proposed rule by the compact commission, and at least thirty
days in advance of the meeting at which the compact commission will hold a public hearing
on the proposed rule, the compact commission shall provide a notice of proposed rulemaking
as follows:
(1) On the internet site of the compact commission or other publicly accessible platform.
11 DIETITIAN LICENSURE COMPACT, §147K.1
(2) To persons who have requested notice of the compact commission’s notices of
proposed rulemaking.
(3) In such other way as the compact commission may by rule specify.
h. The notice of proposed rulemaking shall include all of the following:
(1) The time, date, and location of the public hearing at which the compact commission
will hear public comments on the proposed rule and, if different, the time, date, and location
of the meeting where the compact commission will consider and vote on the proposed rule.
(2) If the hearing is held via telecommunication, video conference, or other means of
communication, the compact commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking.
(3) The text of the proposed rule and the reason therefore.
(4) A request for comments on the proposed rule from any interested person.
(5) The manner in which interested persons may submit written comments.
i. All hearings will be recorded. A copy of the recording and all written comments and
documents received by the compact commission in response to the proposed rule shall be
available to the public.
j. Nothing in this subsection shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the compact commission at hearings
required by this section.
k. The compact commission shall, by majority vote of all members, take final action on
the proposed rule based on the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed rule provided the
changes do not enlarge the original purpose of the proposed rule.
(2) The compact commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not made that
were recommended by commenters.
(3) The compact commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in paragraph “l”, the effective date of the rule shall be
no sooner than thirty days after issuing the notice that it adopted or amended the rule.
l. Upon determination that an emergency exists, the compact commission may consider
and adopt an emergency rule with twenty-four hours’ notice, with opportunity to comment,
providedthattheusualrulemakingproceduresprovidedinthecompactandinthissubsection
shall be retroactively applied to the rule as soon as reasonably possible, in no event later
than ninety days after the effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order to do any of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of compact commission or member state funds.
(3) Meetadeadlineforthepromulgationofarulethatisestablishedbyfederallaworrule.
(4) Protect public health and safety.
m. Thecompactcommissionoranauthorizedcommitteeofthecompactcommissionmay
direct revision to a previously adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any revision
shall be posted on the internet site of the compact commission. The revision shall be subject
to challenge by any person for a period of thirty days after posting. The revision may be
challengedonlyongroundsthattherevisionresultsinamaterialchangetoarule. Achallenge
shall be made in writing and delivered to the compact commission prior to the end of the
notice period. If no challenge is made, the revision will take effect without further action.
If the revision is challenged, the revision may not take effect without the approval of the
compact commission.
n. No member state’s rulemaking requirements shall apply under this compact.
11. Oversight, dispute resolution, and enforcement.
a. Oversight.
(1) The executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to implement this
compact.
(2) Except as otherwise provided in this compact, venue is proper and judicial
§147K.1, DIETITIAN LICENSURE COMPACT 12
proceedings by or against the compact commission shall be brought solely and exclusively
in a court of competent jurisdiction where the principal office of the compact commission is
located. The compact commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution proceedings. Nothing
herein shall affect or limit the selection or propriety of venue in any action against a licensee
for professional malpractice, misconduct, or any such similar matter.
(3) The compact commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide the compact
commission service of process shall render a judgment or order void as to the compact
commission, this compact, or promulgated rules.
b. Default, technical assistance, and termination.
(1) If the compact commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the promulgated
rules, the compact commission shall provide written notice to the defaulting state. The
notice of default shall describe the default, the proposed means of curing the default, and
any other action that the compact commission may take and shall offer training and specific
technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of default to the other
member states.
c. If a state in default fails to cure the default, the defaulting state may be terminated from
the compact upon an affirmative vote of a majority of the delegates of the member states, and
all rights, privileges, and benefits conferred on that state by this compact may be terminated
on the effective date of termination. A cure of the default does not relieve the offending state
of obligations or liabilities incurred during the period of default.
d. Termination of membership in the compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall
be given by the compact commission to the governor, the majority and minority leaders of
the defaulting state’s legislature, the defaulting state’s licensing authority, and each of the
member states’ licensing authority.
e. A state that has been terminated is responsible for all assessments, obligations, and
liabilitiesincurredthroughtheeffectivedateoftermination, includingobligationsthatextend
beyond the effective date of termination.
f. Upon the termination of a state’s membership from this compact, that state shall
immediately provide notice to all licensees within that state of such termination. The
terminated state shall continue to recognize all compact privileges granted pursuant to this
compact for a minimum of six months after the date of said notice of termination.
g. The compact commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in writing between
the compact commission and the defaulting state.
h. The defaulting state may appeal the action of the compact commission by petitioning
the United States district court for the District of Columbia or the federal district where the
compact commission has its principal offices. The prevailing party shall be awarded all costs
of such litigation, including reasonable attorney fees.
i. Dispute resolution.
(1) Upon request by a member state, the compact commission shall attempt to resolve
disputes related to the compact that arise among member states and between member and
nonmember states.
(2) The compact commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
j. Enforcement.
(1) By supermajority vote, the compact commission may initiate legal action against a
member state in default in the United States district court for the District of Columbia or the
federal district where the compact commission has its principal offices to enforce compliance
with the provisions of the compact and its promulgated rules. The relief sought may include
both injunctive relief and damages. In the event judicial enforcement is necessary, the
13 DIETITIAN LICENSURE COMPACT, §147K.1
prevailing party shall be awarded all costs of such litigation, including reasonable attorney
fees. The remedies herein shall not be the exclusive remedies of the compact commission.
The compact commission may pursue any other remedies available under federal or the
defaulting member state’s law.
(2) AmemberstatemayinitiatelegalactionagainstthecompactcommissionintheUnited
States district court for the District of Columbia or the federal district where the compact
commission has its principal offices to enforce compliance with the provisions of the compact
and its promulgated rules. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs
of such litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce this compact against the compact
commission.
12. Effective date, withdrawal, and amendment.
a. The compact shall come into effect on the date on which the compact statute is enacted
into law in the seventh member state.
(1) On or after the effective date of the compact, the compact commission shall convene
and review the enactment of each of the charter member states to determine if the statute
enacted by each such charter member state is materially different than the model compact
statute.
(a) A charter member state whose enactment is found to be materially different from the
model compact statute shall be entitled to the default process set forth in subsection 11.
(b) If any member state is later found to be in default, or is terminated, or withdraws
from the compact, the compact commission shall remain in existence and the compact shall
remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member
states shall be subject to the process set forth in subsection 8, paragraph “c”, subparagraph
(21), to determine if their enactments are materially different from the model compact statute
and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the compact commission or in furtherance of the
purposes of the administration of the compact prior to the effective date of the compact or the
compact commission coming into existence shall be considered to be actions of the compact
commission unless specifically repudiated by the compact commission.
(4) Any state that joins the compact subsequent to the compact commission’s initial
adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on
the date on which the compact becomes law in that state. Any rule that has been previously
adopted by the compact commission shall have the full force and effect of law on the day the
compact becomes law in that state.
b. Any member state may withdraw from this compact by enacting a statute repealing the
compact.
(1) A member state’s withdrawal shall not take effect until one hundred eighty days after
enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing
state’s licensing authority to comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall
immediately provide notice of such withdrawal to all licensees within that state.
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
state shall continue to recognize all compact privileges granted pursuant to this compact for
a minimum of one hundred eighty days after the date of such notice of withdrawal.
c. Nothing contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this compact.
d. This compact may be amended by the member states. No amendment to this compact
shall become effective and binding upon any member state until it is enacted into the laws of
all member states.
13. Construction and severability.
§147K.1, DIETITIAN LICENSURE COMPACT 14
a. This compact and the compact commission’s rulemaking authority shall be liberally
construed so as to effectuate the purposes and the implementation and administration of the
compact. Provisions of the compact expressly authorizing or requiring the promulgation of
rules shall not be construed to limit the compact commission’s rulemaking authority solely
for those purposes.
b. The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is held by a court of competent jurisdiction to be contrary to the
constitutionofanymemberstate,astateseekingparticipationinthecompact,oroftheUnited
States, or the applicability thereof to any government, agency, person, or circumstance is
held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder
of this compact and the applicability thereof to any other government, agency, person, or
circumstance shall not be affected thereby.
c. Notwithstanding paragraph “b”, the compact commission may deny a state’s
participation in the compact or, in accordance with the requirements of subsection 11,
paragraph “b”, terminate a member state’s participation in the compact, if it determines that
a constitutional requirement of a member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of any member
state, the compact shall remain in full force and effect as to the remaining member states
and in full force and effect as to the member state affected as to all severable matters.
14. Consistent effect and conflict with other state laws.
a. Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
b. Anylaws,statutes,regulations,orotherlegalrequirementsinamemberstateinconflict
with the compact are superseded to the extent of the conflict.
c. All permissible agreements between the compact commission and the member states
are binding in accordance with their terms.