2025 -- H 5067

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LC000297

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DIETITIAN LICENSURE COMPACT

     Introduced By: Representatives McNamara, Donovan, Solomon, Ackerman, Noret,
Serpa, Read, Morales, and Shanley

     Date Introduced: January 16, 2025

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 64.2

DIETITIAN LICENSURE COMPACT

     5-64.2-1. Short title.

     This chapter shall be known and may be cited as "Dietitian Licensure Compact".

     5-64.2-2. Purpose.

     The purpose of this chapter is to facilitate interstate practice of dietetics with the goal of

improving public access to dietetics services. This chapter preserves the regulatory authority of the

state 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.

     5-64.2-3. Definitions.

     For purposes of this section, the following terms shall have the following meanings:

     (1) "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics or

its successor organization.

     (2) "Active military member" means any individual with full-time duty status in the active

armed forces of the United States, including members of the National Guard and Reserve.

     (3) "Adverse action" means any administrative, civil, equitable or criminal action permitted

by a state's laws which is imposed by a licensing authority or other authority against a licensee,

including actions against an individual's license or compact privilege such as revocation,

suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other

encumbrance on licensure affecting a licensee's authorization to practice, including issuance of a

cease and desist action.

     (4) "Alternative program" means a non-disciplinary monitoring or practice remediation

process approved by a licensing authority.

     (5) "CDR" means the Commission on Dietetic Registration or its successor organization

     (6) "Charter member state" means any member state which enacted the compact by law

before the effective date pursuant to § 5-64.2-13.

     (7) "Compact commission" means the government agency whose membership consists of

all states that have enacted the compact, which is known as the dietitian licensure compact

commission, pursuant to § 5-64.2-9, and which shall operate as an instrumentality of the member

states.

     (8) "Compact privilege" means a legal authorization, which is equivalent to a license,

permitting the practice of dietetics in a remote state.

     (9) "Continuing education" means a requirement, as a condition of license renewal, to

provide evidence of participation in, and completion of, educational and professional activities

relevant to practice or area of work.

     (10) "Current significant investigative information" means:

     (i) Investigative information that a licensing authority, after a preliminary inquiry that

includes notification and an opportunity for the subject licensee to respond, if required by state law,

has reason to believe is not groundless and, if proved true, would indicate more than a minor

infraction; or

     (ii) 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.

     (11) "Data system" means a repository of information about licensees, including, but not

limited to, continuing education, examination, licensure, investigative, compact privilege and

adverse action information.

     (12) "Encumbered license" means a license in which an adverse action restricts a licensee's

ability to practice dietetics.

     (13) "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's

full and unrestricted practice of dietetics by a licensing authority.

     (14) "Executive committee" means a group of delegates elected or appointed to act on

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behalf of, and within the powers granted to them by, the compact, and the compact commission.

     (15) "Home state" means the member state that is the licensee's primary state of residence

or that has been designated pursuant to § 5-64.2-7.

     (16) "Investigative information" means information, records, and documents received or

generated by a licensing authority pursuant to an investigation.

     (17) "Jurisprudence requirement" means an assessment of an individual's knowledge of the

state laws and regulations governing the practice of dietetics in such state.

     (18) "License" means an authorization from a member state to either:

     (i) Engage in the practice of dietetics (including medical nutrition therapy); or

     (ii) Use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified

dietitian," or other title describing a substantially similar practitioner as the compact commission

may further define by rule.

     (19) "Licensee" or "licensed dietitian" means an individual who currently holds a license

and who meets all of the requirements set forth in § 5-64.2-5.

     (20) "Licensing authority" means the board or agency of a state, or equivalent, that is

responsible for the licensing and regulation of the practice of dietetics.

     (21) "Member state" means a state that has enacted the compact.

     (22) "Practice of dietetics" means the synthesis and application of dietetics, primarily for

the provision of nutrition care services, including medical nutrition therapy, in person or via

telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.

     (23) "Registered dietitian" means a person who:

     (i) Has completed applicable education, experience, examination, and recertification

requirements approved by CDR;

     (ii) Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and

     (iii) Is legally authorized to use the title registered dietitian or registered dietitian

nutritionist and the corresponding abbreviations "RD" or "RDN."

     (24) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise a compact privilege.

     (25) "Rule" means a regulation promulgated by the compact commission that has the force

of law.

     (26) "Single state license" means a license issued by a member state within the issuing state

and does not include a compact privilege in any other member state.

     (27) "State" means any state, commonwealth, district, or territory of the United States of

America.

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     (28) "Unencumbered license" means a license that authorizes a licensee to engage in the

full and unrestricted practice of dietetics.

     5-64.2-4. State participation in the compact.

     (a) To participate in the compact, a state must currently:

     (1) License and regulate the practice of dietetics; and

     (2) Have a mechanism in place for receiving and investigating complaints about licensees.

     (b) A member state shall:

     (1) Participate fully in the compact commission's data system, including using the unique

identifier as defined in rules;

     (2) Notify the compact commission, in compliance with the terms of the compact and rules,

of any adverse action or the availability of current significant investigative information regarding

a licensee;

     (3) Implement or utilize procedures for considering the criminal history 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;

     (i) 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.

     (ii) 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; and

     (6) Recognize a compact privilege granted to a licensee who meets all of the requirements

outlined in § 5-64.2-5 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

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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 chapter 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.

     5-64.2-5. Compact privilege.

     (a) To exercise the compact privilege under the terms and provisions of this chapter, the

     licensee shall:

     (1) Satisfy one of the following:

     (i) Hold a valid current registration that gives the applicant the right to use the term

registered dietitian; or

     (ii) Complete all of the following:

     (A) An education program which is either:

     (I) 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.

     (II) An academic degree from a college or university in a foreign country equivalent to the

degree described in subsection (a) of this section, that is programmatically accredited by ACEND

or a dietetics accrediting agency recognized by the United States Department of Education, which

the compact commission may by rule determine.

     (B) A planned, documented, supervised practice experience in dietetics that is

programmatically accredited by ACEND, or a dietetics accrediting agency recognized by the

United States Department of Education which the compact commission may by rule determine and

which involves at least one thousand (1,000) hours of practice experience under the supervision of

a registered dietitian or a licensed dietitian.

     (C) Successful completion of either:

     (I) The registration examination for dietitians administered by CDR; or

     (II) A national credentialing examination for dietitians approved by the compact

commission by rule; such completion being no more than five (5) years prior to the date of the

licensee's application for initial licensure and accompanied by a period of continuous licensure

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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(s);

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

     (5) Meet any jurisprudence requirements established by the remote state(s) in which the

licensee is seeking a compact privilege; and

     (6) Report to the compact commission any adverse action, encumbrance, or restriction on

a license taken by any non-member state within thirty (30) days from the date the action is taken.

     (b) The compact privilege is valid until the expiration date of the home state license. To

maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal

of the home state license as the compact commission may define by rule. The licensee must comply

with the requirements of subsection (a) of this section to maintain the compact privilege in the

remote state(s).

     (c) A licensee exercising a compact privilege shall adhere to the laws and regulations of

the remote state. Licensees shall be responsible for educating themselves on, and complying with,

any and all state laws relating to the practice of dietetics in such remote state.

     (d) Notwithstanding anything to the contrary provided in this chapter, 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.

     5-64.2-6. 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 (2) member states:

     (1) The licensee shall file an application for obtaining a new home state license based on a

compact privilege, pay all applicable fees, and notify the current and new home state in accordance

with the rules of the compact commission.

     (2) Upon receipt of an application for obtaining a new home state license by virtue of a

compact privilege, the new home state shall verify that the licensee meets the criteria set forth in §

5-64.2-5 via the data system, and require that the licensee complete the following:

     (i) Federal bureau of investigation fingerprint based criminal history record information

check;

     (ii) Any other criminal history record information required by the new home state; and

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     (iii) 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 chapter, if the licensee cannot meet the

criteria set forth in § 5-64.2-5, 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 non-

member state, or from a non-member 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 chapter shall interfere with a licensee's ability to hold a single state

license in multiple states; however, for the purposes of this chapter, a licensee shall have only one

home state license.

     (e) Nothing in this chapter shall affect the requirements established by a member state for

the issuance of a single state license.

     5-64.2-7. Active military members and spouses.

     An active military member, or their spouse, shall designate a home state where the

individual has a current license in good standing. The individual may retain the home state

designation during the period the service member is on active duty.

     5-64.2-8. Adverse actions.

     (a) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against a licensee's compact privilege within that member state;

and

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing

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.

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     (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(s) 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

licensee the costs of investigations and dispositions of cases resulting from any adverse action taken

against that licensee.

     (f) A member state may take adverse action based on the factual findings of another remote

state; provided that, the member state follows its own procedures for taking the adverse action.

     (g) Joint investigations:

     (1) In addition to the authority 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 chapter.

     (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(s) 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

(as certified by the home state's licensing authority), the licensee must meet the requirements of §

5-64.2-5 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

state of any adverse actions.

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     (k) Nothing in this chapter shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

     5-64.2-9. Establishment of the dietitian licensure compact commission.

     (a) The compact member states hereby create and establish a joint government agency

whose membership consists of all member states that have enacted the compact known as the

dietitian licensure compact commission. The compact 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 § 5-64.2-13.

     (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 their

designee.

     (3) The compact commission shall by rule or bylaw establish a term of office for delegates

and may by rule or bylaw establish term limits.

     (4) The compact commission may recommend removal or suspension of any delegate from

office.

     (5) A member state's licensing authority shall fill any vacancy of its delegate occurring on

the compact commission within sixty (60) days of the vacancy.

     (6) Each delegate shall be entitled to one 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 the following powers:

     (1) Establish the fiscal year of the compact commission;

     (2) Establish code of conduct and conflict of interest policies;

     (3) Establish and amend rules and bylaws;

     (4) Maintain its financial records in accordance with the bylaws;

     (5) Meet and take such actions as are consistent with the provisions of this compact, the

compact commission's rules, and the bylaws;

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     (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;

provided that, at all times the compact commission shall avoid any actual or appearance 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;

     (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; and

     (22) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact.

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     (d) Executive committee.

     (1) The executive committee shall have the power to act on behalf of the compact

commission according to the terms of the compact. The powers, duties, and responsibilities of the

executive committee shall include:

     (i) Oversee the day-to-day activities of the administration of the compact including

enforcement and compliance with the provisions of the compact, its rules and bylaws, and other

such duties as deemed necessary;

     (ii) 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;

     (iii) Ensure compact administration services are appropriately provided, including by

contract;

     (iv) Prepare and recommend the budget;

     (v) Maintain financial records on behalf of the compact commission;

     (vi) Monitor compact compliance of member states and provide compliance reports to the

compact commission;

     (vii) Establish additional committees as necessary;

     (viii) 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; and

     (vix) Other duties as provided in the rules or bylaws of the compact commission.

     (2) The executive committee shall be composed of nine (9) members:

     (i) The chair and vice chair of the compact commission shall be voting members of the

executive committee;

     (ii) Five (5) voting members from the current membership of the compact commission,

elected by the compact commission;

     (iii) One exofficio, nonvoting member from a recognized professional association

representing dietitians; and

     (iv) One exofficio, 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.

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     (i) Executive committee meetings shall be open to the public, except that the executive

committee may meet in a closed, non-public meeting as provided in subsection (f) of this section.

     (ii) The executive committee shall give thirty (30) days notice of its meetings, posted on

the website of the compact commission and as determined to provide notice to persons with an

interest in the business of the compact commission.

     (iii) The executive committee may hold a special meeting in accordance with subsection

(f) of this section.

     (e) The compact commission shall adopt and provide to the member states an annual report.

     (f) Meetings of the compact commission

     (1) All meetings shall be open to the public, except that the compact commission may meet

in a closed, non-public meeting as provided in subsection (f)(2) of this section.

     (i) Public notice for all meetings of the full compact commission shall be given in the same

manner as required under the rulemaking provisions in § 5-64.2-13, except that the compact

commission may hold a special meeting as provided in subsection (f)(1)(ii) of this section.

     (ii) The compact commission may hold a special meeting when it must meet to conduct

emergency business by giving twenty-four (24) hours notice to all member states, on the compact

commission's website, and other means as provided in the compact commission's rules. The

compact commission's legal counsel shall certify that the compact commission's need to meet

qualifies as an emergency.

     (2) The compact commission or the executive committee or other committees of the

compact commission may convene in a closed, non-public meeting for the compact commission or

executive committee or other committees of the compact commission to receive legal advice or to

discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees;

     (iii) Current or threatened discipline of a licensee by the compact commission or by a

member state's licensing authority;

     (iv) Current, threatened, or reasonably anticipated litigation;

     (v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

     (vi) Accusing any person of a crime or formally censuring any person;

     (vii) Trade secrets or commercial or financial information that is privileged or confidential;

     (viii) Information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

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     (vix) Investigative records compiled for law enforcement purposes;

     (x) 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 this chapter;

     (xi) Matters specifically exempted from disclosure by federal or member state law; or

     (xii) Other matters as specified in the rules of the compact commission.

     (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the

meeting will be closed and reference each relevant exempting provision, and such reference shall

be recorded in the minutes.

     (4) The compact commission shall keep minutes that fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions taken, and the

reasons therefore, including a 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 of the compact commission.

     (1) The compact commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

     (2) The compact commission may accept any and all appropriate revenue sources as

provided in subsection (c) of this section.

     (3) The compact commission may levy on and collect an annual assessment from each

member state and impose fees on licensees of member states to whom it grants a compact privilege

to cover the cost of the operations and activities of the compact commission and its staff, which

must, in a total amount, be sufficient to cover its annual budget as approved each year for which

revenue is not provided by other sources. The aggregate annual assessment amount for member

states shall be allocated based upon a formula that the compact commission shall promulgate by

rule.

     (4) The compact commission shall not incur obligations of any kind prior to securing the

funds adequate to meet the same; nor shall the compact commission pledge the credit of any of the

member states, except by and with the authority of the member state.

     (5) The compact commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the compact commission shall be subject to the

financial review and accounting procedures established under its bylaws. However, all receipts and

disbursements of funds handled by the compact commission shall be subject to an annual financial

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review by a certified or licensed public accountant, and the report of the financial review shall be

included in and become part of the annual report of the compact commission.

     (h) Qualified immunity, defense, and indemnification.

     (1) The members, officers, executive director, employees and representatives of the

compact commission shall be immune from suit and liability, both personally and in their official

capacity, for any claim for damage to or loss of property or personal injury or other civil liability

caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the

person against whom the claim is made had a reasonable basis for believing occurred within the

scope of compact commission employment, duties, or responsibilities; provided that, nothing in

this section 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 chapter shall be interpreted to waive or otherwise abrogate a member

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state's state action immunity or state action affirmative defense with respect to antitrust claims

under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law

or regulation.

     (6) Nothing in this chapter shall be construed to be a waiver of sovereign immunity by the

member states or by the compact commission.

     5-64.2-10. 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:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license or compact privilege and information related thereto;

     (4) Non-confidential 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(s) for such denial;

     (6) The presence of current significant investigative information; and

     (7) Other information that may facilitate the administration of this chapter 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 chapter 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.

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     (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.

     5-64.2-11. Rulemaking.

     (a) The compact commission shall promulgate reasonable rules in order to effectively and

efficiently implement and administer the purposes and provisions of the chapter. 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 day

following adoption or as of the date specified in the rule or amendment, whichever is later.

     (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule,

by enactment of a statute or resolution in the same manner used to adopt the compact within four

(4) years of the date of 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 (30)

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:

     (1) On the website of the compact commission or other publicly accessible platform;

     (2) To persons who have requested notice of the compact commission's notices of proposed

rulemaking; and

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     (3) In such other way(s) as the compact commission may by rule specify.

     (h) The notice of proposed rulemaking shall include:

     (1) The time, date, and location of the public hearing at which the compact commission

will hear public comments on the proposed rule and, if different, the time, date, and location of the

meeting where the compact commission will consider and vote on the proposed rule;

     (2) If the hearing is held via telecommunication, video conference, or other means of

communication, the compact commission shall include the mechanism for access to the hearing in

the notice of proposed rulemaking;

     (3) The text of the proposed rule and the reason therefore;

     (4) A request for comments on the proposed rule from any interested person; and

     (5) The manner in which interested persons may submit written comments.

     (i) All hearings will be recorded. A copy of the recording and all written comments and

documents received by the compact commission in response to the proposed rule shall be available

to the public.

     (j) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the 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 subsection (l) of this section, the effective date of the rule

shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule.

     (l) Upon determination that an emergency exists, the compact commission may consider

and adopt an emergency rule with twenty-four (24) hours notice, with opportunity to comment;

provided that, the usual rulemaking procedures provided in the compact and in this section shall be

retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90)

days after the effective date of the rule. For the purposes of this provision, an emergency rule is

one that must be adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

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     (2) Prevent a loss of compact commission or member state funds;

     (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule;

or

     (4) Protect public health and safety.

     (m) The compact commission or an authorized committee of the compact commission may

direct revision to a previously 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 website of the compact commission. The revision shall be subject to challenge by any person

for a period of thirty (30) days after posting. The revision may be challenged only on grounds that

the revision results in a material change to a rule. A challenge shall be made in writing and delivered

to the compact commission prior to the end of the notice period. If no challenge is made, the

revision will take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the compact commission.

     (n) No member state's rulemaking requirements shall apply under this chapter.

     5-64.2-12. 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 chapter, venue is proper and judicial proceedings

by or against the compact commission shall be brought solely and exclusively in a court of

competent jurisdiction where the 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 chapter or the promulgated rules, the

compact commission shall provide written notice to the defaulting state. The notice of default shall

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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

liabilities incurred through the effective date of termination, including obligations that extend

beyond the effective date of termination.

     (f) Upon the termination of a state's membership from this compact, that state shall

immediately provide notice to all 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 (6) 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 U.S. 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 attorneys' 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 non-

member states.

     (2) The compact commission shall promulgate a rule providing for both mediation and

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binding dispute resolution for disputes as appropriate.

     (j) Enforcement.

     (1) By supermajority vote, the compact commission may initiate legal action against a

member state in default in the United States District Court for the District of Columbia or the federal

district where the compact commission has its principal offices to enforce compliance with the

provisions of the compact and its promulgated rules. The relief sought may include both injunctive

relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be

awarded all costs of such litigation, including reasonable attorneys' 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.

     (1) A member state may initiate legal action against the compact commission in the U.S.

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 attorneys' fees.

     (3) No party other than a member state shall enforce this compact against the compact

commission.

     5-64.2-13. Effective date, withdrawal and amendment.

     (a) The compact shall come into effect on the date on which the compact is enacted into

law in the seventh member state.

     (1) On or after the effective date of the compact, the compact commission shall convene

and review the enactment of each of the first seven (7) member states ("charter member states") to

determine if the statute enacted by each such charter member state is materially different than the

model compact statute.

     (i) 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 § 5-64.2-12.

     (ii) 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 (7).

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

states shall be subject to the process set forth in § 5-64.2-9 to determine if their enactments are

materially different from the model compact statute and whether they qualify for participation in

the compact.

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     (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

same.

     (1) A member state's withdrawal shall not take effect until one hundred eighty (180) days

after enactment of the repealing statute.

     (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's

licensing authority to comply with the investigative and adverse action reporting requirements of

this compact prior to the effective date of withdrawal.

     (3) Upon the enactment of a statute withdrawing from this compact, a state shall

immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding

any subsequent statutory enactment to the contrary, such withdrawing state shall continue to

recognize all compact privileges granted pursuant to this compact for a minimum of one hundred

eight (180) days after the date of such notice of withdrawal.

     (c) Nothing contained in this chapter shall be construed to invalidate or prevent any

licensure agreement or other cooperative arrangement between a member state and a non-member

state that does not conflict with the provisions of this chapter.

     (d) The compact may be amended by the member states. No amendment to the compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

     5-64.2-14. Construction and severability.

     (a) This compact and the compact commission's rulemaking authority shall be liberally

construed so as to effectuate the purposes and the implementation and administration of the

compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules

shall not be construed to limit the compact commission's rulemaking authority solely for those

purposes.

     (b) The provisions of this chapter shall be severable and if any phrase, clause, sentence, or

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provision of this chapter is held by a court of competent jurisdiction to be contrary to the

constitution of any member state, a state seeking participation in the compact, or of the United

States, or the applicability thereof to any government, agency, person, or circumstance is held to

be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this chapter

and the applicability thereof to any other government, agency, person, or circumstance shall not be

affected thereby.

     (c) Notwithstanding subsection (b) of this section, the compact commission may deny a

state's participation in the compact or, in accordance with the requirements of § 5-64.2-12,

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.

     5-64.2-15. Consistent effect and conflict with other state laws.

     (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member

state that is not inconsistent with the compact.

     (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict

with the compact are superseded to the extent of the conflict.

     (c) All permissible agreements between the compact commission and the member states

are binding in accordance with their terms.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DIETITIAN LICENSURE COMPACT

***

     This act would allow for the enactment of the dietitian licensure compact permitting a

licensed dietitian from another state to become licensed within the State of Rhode Island, and also

permitting a dietitian licensed by the State of Rhode Island to become licensed in another compact

state. The purpose of the compact is to increase public access to dietetics services, eliminate the

necessity of licenses in multiple states, and enhance the state's ability to protect the public's health

and safety.

     This act would take effect upon passage.

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