Thise. Compact is designed to achieve the following objectives:

(A)“CDR” Increasemeans publicthe accesscommission toon dieteticsdietetic services;registration or its successor organization.

(B)f. Provide opportunities for interstate practice by Licensed Dietitians who meet uniform requirements;

(C)“Charter Eliminatemember state” means any member state which enacted this compact by law before the necessityeffective fordate Licensesspecified in multiplesubsection States;12.

(D)g. Reduce administrative burden on Member States and Licensees;

(E)“Compact Enhancecommission” means the States'government abilityagency towhose protectmembership consists of all states that have enacted this compact, which is known as the public'sdietitian healthlicensure compact commission, as described in subsection 8, and safety;which shall operate as an instrumentality of the member states.

(F)h. Encourage the cooperation of Member States in regulating multistate practice of Licensed Dietitians;

(G)“Compact Supportprivilege” relocatingmeans Activea Militarylegal Membersauthorization, andwhich theiris spouses;equivalent to a license, permitting the practice of dietetics in a remote state.

(H)i. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;

and“Continuing (I)education” Vestmeans alla Memberrequirement, Statesas with the authority to hold a Licensedcondition Dietitianof accountablelicense forrenewal, meetingto allprovide Stateevidence practiceof lawsparticipation inin, theand Statecompletion inof, whicheducational theand patientprofessional isactivities locatedrelevant atto thepractice timeor carearea isof rendered.work.

SECTIONj. 2.

DEFINITIONS.“Current significant investigative information” means all of the following:

As(1) usedInvestigative ininformation thisthat Compact,a andlicensing exceptauthority, asafter otherwisea provided,preliminary inquiry that includes notification and an opportunity for the followingsubject definitionslicensee shallto apply:respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(A)LSB "ACEND"1080YC means(1) the91 Accreditation-2- Councilss/ko for2/31 EducationH.F. in Nutrition and Dietetics or its successor organization.

(B)_____ "Active(2) MilitaryInvestigative Member"information meansthat anyindicates individualthat withthe full-timesubject dutylicensee statusrepresents inan theimmediate activethreat armedto forcespublic health and safety regardless of whether the Unitedsubject States,licensee includinghas membersbeen ofnotified theand Nationalhad Guardan andopportunity Reserve.to respond.

(C)k. "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 HB 340 -2- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A desist action.

(D)“Data "Alternativesystem” Program" means a non-disciplinaryrepository monitoringof orinformation practiceabout remediationlicensees, processincluding approvedbut bynot alimited Licensingto Authority.continuing education, examination, licensure, investigative, compact privilege, and adverse action information.

(E)l. "Charter Member State" means any Member State which enacted this Compact by law before the Effective Date specified in Section 12.

(F)“Encumbered "Continuinglicense” Education" means a requirement,license asin awhich conditionan ofadverse Licenseaction renewal,restricts toa providelicensee’s evidenceability of participation in, and completion of, educational and professional activities relevant to practice ordietetics. area of work.

(G)m. "CDR" means the Commission on Dietetic Registration or its successor organization.

(H)“Encumbrance” "Compact Commission" means thea governmentrevocation agencyor whosesuspension membershipof, consistsor ofany alllimitation Stateson thata havelicensee’s enactedfull this Compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 8, and whichunrestricted shallpractice operateof asdietetics anby instrumentalitya oflicensing theauthority. Member States.

(I)n. "Compact Privilege" means a legal authorization, which is equivalent to a License, permitting the Practice of Dietetics in a Remote State.

(J)“Executive "Currentcommittee” Significantmeans Investigativea Information"group means:of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact, and the compact commission.

(1)o. 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“Home (2)state” Investigativemeans Informationthe thatmember indicatesstate that is the subjectlicensee’s Licenseeprimary representsstate an immediate threat to public health and safety regardless of whetherresidence theor subjectthat Licensee has been notifieddesignated andpursuant had an opportunity to respond.subsection 6.

(K)p. "Data System" means a repository of information about Licensees, including, but not limited to, Continuing Education, examination, licensure, investigative, Compact Privilege and Adverse Action information.

(L)“Investigative "Encumberedinformation” License" means ainformation, Licenserecords, inand whichdocuments anreceived Adverseor Actiongenerated restrictsby a Licensee'slicensing abilityauthority pursuant to practicean dietetics.investigation.

(M)q. "Encumbrance" means a revocation or suspension of, or any limitation on a Licensee's full and unrestricted Practice of Dietetics by a Licensing Authority.

HB0340a“Jurisprudence -3-requirement” HB 340 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A (N) "Executive Committee" means aan groupassessment of delegatesan electedindividual’s orknowledge appointedof tothe actstate onlaws behalf of, and withinregulations governing the powerspractice grantedof todietetics themin by,such thisstate. Compact, and the Compact Commission.

(O)r. "Home State" means the Member State that is the Licensee's primary State of residence or that has been designated pursuant to Section 6.

(P)“License” "Investigative Information" means information,an records,authorization andfrom documentsa receivedmember orstate generatedto bydo aeither Licensingof Authoritythe pursuantfollowing: to an investigation.

(Q)(1) "JurisprudenceEngage Requirement"in means an assessment of an individual's knowledge of the Statepractice laws and regulations governing the Practice of Dieteticsdietetics, inincluding suchmedical State.nutrition therapy.

(R)(2) "License"Use meansthe antitle authorizationdietitian, fromlicensed dietitian, licensed dietitian nutritionist, certified dietitian, or other title describing a Membersubstantially Statesimilar topractitioner either:as the compact commission may further define by rule.

(1)s. Engage in the Practice of Dietetics (including medical nutrition therapy);

“Licensee” or (2)“licensed Usedietitian” themeans titlean "dietitian,"individual "licensedwho dietitian,"currently "licensedholds dietitiana nutritionist,"license "certifiedand dietitian,"who ormeets otherall titleof describing a substantially similar practitioner as the CompactLSB Commission1080YC may(1) further91 define-3- byss/ko Rule.3/31 H.F.

(S)_____ "Licensee" or "Licensed Dietitian" means an individual who currently holds a License and who meets all of the requirements outlined in Sectionsubsection 4.

(T)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)“Licensing "Memberauthority” State" means the board or agency of a Statestate, or equivalent, that hasis enactedresponsible for the Compact.licensing and regulation of the practice of dietetics.

(V)u. "Practice of Dietetics" means the synthesis and application of dietetics as defined by state law and regulations, 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)“Member "Registeredstate” Dietitian" means a personstate who:that has enacted the compact.

(1)v. Has completed applicable education, experience, examination, and recertification requirements approved by CDR;

(2)“Practice Isof credentialeddietetics” bymeans CDRthe assynthesis aand registeredapplication dietitianof dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or avia registeredtelehealth, dietitianto nutritionist;prevent, manage, or treat diseases or medical conditions and promote wellness.

andw. (3) Is legally authorized to use the title registered dietitian or registered HB 340 -4- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A 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)“Registered "Rule"dietitian” means a regulationperson promulgatedwho bymeets theall Compactof Commission that has the forcefollowing ofrequirements: law.

(Z)(1) "SingleHas Statecompleted License"applicable meanseducation, aexperience, Licenseexamination, issued by a Member State within the issuing State and doesrecertification notrequirements includeapproved aby CompactCDR. Privilege in any other Member State.

(AA)(2) "State"Is meanscredentialed anyby state,CDR commonwealth,as district,a orregistered territorydietitian ofor thea Unitedregistered Statesdietitian ofnutritionist. America.

(BB)(3) "UnencumberedIs License"legally meansauthorized ato Licenseuse thatthe authorizestitle aregistered Licenseedietitian toor engageregistered indietitian thenutritionist full and unrestrictedthe Practicecorresponding ofabbreviations Dietetics.“RD” or “RDN”.

SECTIONx. 3.

STATE“Remote PARTICIPATIONstate” INmeans THEa COMPACT.member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

(A)y. To participate in the Compact, a State must currently:

(1)“Rule” Licensemeans anda regulateregulation promulgated by the Practicecompact commission that has the force of Dietetics;law.

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

(B)“Single Astate Memberlicense” Statemeans shall:a license issued by a member state within the issuing state and does not include a compact privilege in any other member state.

(1)aa. Participate fully in the Compact Commission's Data System, including using the unique identifier as defined in Rules;

(2)“State” Notifymeans theany Compactstate, Commission,commonwealth, indistrict, complianceor withterritory the terms of the CompactUnited andStates Rules, of anyAmerica. Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee;

(3)ab. Implement or utilize procedures for considering the criminal history record information of applicants for an initial Compact Privilege.

These“Unencumbered procedureslicense” shallmeans includea thelicense submissionthat ofauthorizes fingerprintsa orlicensee otherto biometric-basedengage informationin by applicants for the purposefull ofand obtainingunrestricted anpractice applicant's criminal history record information from the Federal Bureau of Investigationdietetics. and the agency responsible for retaining that State's criminal records;

(a)3. 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 HB0340a -5- HB 340 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A record search and shall use those results in determining Compact Privilege eligibility.

(b) Communication between a Member State andparticipation thein Compact Commission or among Member States regarding the verificationcompact. 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)a. Comply with and enforce the Rules of the Compact Commission;

(5)To Requireparticipate an applicant for a Compact Privilege to obtain or retain a License in the Licensee'scompact, Homea Statestate andmust meetcurrently thedo HomeLSB State's1080YC qualifications(1) for91 licensure-4- orss/ko renewal4/31 ofH.F. licensure, as well as all other applicable State laws;

and_____ (6) Recognize a Compact Privilege granted to a Licensee who meets all of the requirementsfollowing: outlined in Section 4 in accordance with the terms of the Compact and Rules.

(C)(1) MemberLicense States may set and collectregulate athe feepractice forof grantingdietetics. a Compact Privilege.

(D)(2) IndividualsHave nota residingmechanism in aplace Member State shall continue to be able to apply for areceiving Memberand State'sinvestigating Singlecomplaints Stateabout Licenselicensees. as provided under the laws of each Member State.

However,b. 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)A Nothingmember instate this Compact shall affectdo theall requirementsof established by a Member State for the issuancefollowing: of a Single State License.

(F)(1) AtParticipate nofully pointin shall the Compactcompact Commissioncommission’s havedata thesystem, powerincluding tousing define the requirementsunique foridentifier theas issuancedefined ofin arules. Single State License to practice dietetics.

The(2) MemberNotify Statesthe shallcompact retaincommission, solein jurisdictioncompliance overwith the provisionterms of thesethe requirements.compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee.

SECTION(3) 4.Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege.

COMPACTThese PRIVILEGE.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) ToA exercisemember thestate Compactmust Privilegefully underimplement thea termscriminal andhistory provisionsrecord ofinformation requirement, within a time frame established by rule, which includes receiving the Compact,results of the Licenseefederal shall: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 LSB 1080YC (1) 91 -5- ss/ko 5/31 H.F.

_____ 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:

(a) Hold a valid current registration that gives the applicant the right to use the term Registeredregistered Dietitian;dietitian.

or HB 340 -6- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A (b) Complete all of the following:

(i) An education program whichthat is either:either of the following:

(a)(A) A master'smaster’s degree or doctoral degree that is programmatically accredited by (i)ACEND 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 LSB 1080YC (1) 91 -6- ss/ko 6/31 H.F.

or_____ (ii)council 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 Higherhigher Educationeducation Accreditationaccreditation and the United States Departmentdepartment of Education;education.

(b)(B) An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph (a)part (A) that is programmatically accredited by (i)ACEND ACEND;or a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine.

or (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 Departmentdepartment of Education,education which the Compactcompact Commissioncommission may by Rulerule determine;determine and which involves at least one thousand hours of practice experience under the supervision of a registered dietitian or a licensed dietitian.

(ii)(iii) ASuccessful planned,completion documented,of supervisedeither practicethe experienceregistration inexamination dieteticsfor thatdietitians isadministered programmatically accredited by (i)CDR ACEND, or (ii) a dieteticsnational accreditingcredentialing agencyexamination recognizedfor bydietitians theapproved Unitedby States Department of Education which the Compactcompact Commissioncommission may by Rulerule; determine and which involves at least 1000 hours of practice experience under the supervision of a Registered Dietitian or a Licensed Dietitian;

(iii)such Successful completion being no more than five years prior to the date of either: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.

(i)(2) theHold Registrationan Examinationunencumbered forlicense Dietitiansin administered by CDR, or (ii) a national credentialing examination for dietitians approved by the Compacthome Commissionstate. by Rule;

such(3) completionNotify beingthe nocompact morecommission thanthat five years prior to the datelicensee ofis theseeking Licensee'sa applicationcompact forprivilege initialwithin licensure and accompanied by a periodremote ofstate. continuous licensure thereafter, all of which may be further governed by the Rules of the Compact Commission;

(2)(4) HoldPay anany Unencumberedapplicable Licensefees, inincluding any state fee, for the Homecompact State;privilege.

(3)(5) NotifyMeet theany Compactjurisprudence Commissionrequirements thatestablished by the Licenseeremote isstate seekingin awhich HB0340athe -7-licensee HBis 340seeking New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A Compact Privilege within a Remotecompact State(s);privilege.

(4)(6) PayReport to the compact commission any applicableadverse fees,action, includingencumbrance, or restriction on a license taken by any Statenonmember fee,state forwithin thirty days from the Compactdate Privilege;the action is taken.

(5)b. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Compact Privilege;

andThe (6)compact Reportprivilege tois thevalid Compactuntil Commissionthe anyexpiration Adversedate Action,LSB Encumbrance,1080YC or(1) restriction91 on-7- ass/ko License7/31 takenH.F. by any non-Member State within 30 days from the date the action is taken.

(B)_____ The Compact Privilege is valid until the expiration date of the Homehome Statestate License.license.

To maintain a Compactcompact Privilege,privilege, renewal of the Compactcompact Privilegeprivilege shall be congruent with the renewal of the Homehome Statestate Licenselicense as the Compactcompact Commissioncommission may define by Rule.rule.

The Licenseelicensee must comply with the requirements of Sectionparagraph 4(A)“a” to maintain the Compactcompact Privilegeprivilege in the Remoteremote State(s).state.

(C)c. A Licensee exercising a Compact Privilege shall adhere to the laws and regulations of the Remote State.

LicenseesA shalllicensee beexercising responsiblea forcompact educatingprivilege themselvesshall on,adhere andto complyingthe with,laws any and allregulations Stateof laws relating to the Practiceremote ofstate. Dietetics in such Remote State.

(D)A Notwithstandinglicensee anythingshall tobe theresponsible contraryfor providedobtaining ineducation thison, Compactand orcomplying Statewith, law,any aand Licenseeall exercisingstate alaws Compactrelating Privilege shall not be required to completethe Continuingpractice Educationof Requirementsdietetics requiredin bysuch aremote Remotestate. State.

Ad. Licensee exercising a Compact Privilege is only required to meet any Continuing Education Requirements as required by the Home State.

SECTIONNotwithstanding 5.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.

OBTAINING A NEWlicensee HOMEexercising STATEa LICENSEcompact BASEDprivilege ONis Aonly COMPACTrequired PRIVILEGE.to meet any continuing education requirements as required by the home state.

(A)5. 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)Obtaining If a Licenseenew changeshome Homestate Statelicense bybased movingon betweena twocompact Memberprivilege. States:

(1)a. 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 HB 340 -8- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A Commission.

(2)A Uponlicensee receiptmay ofhold an application for obtaining a newhome Homestate Statelicense, Licensewhich byallows virtuefor of a Compactcompact Privilege,privilege thein newother Homemember Statestates, shall verify that the Licensee meets the criteria in Sectiononly 4one viamember thestate Dataat System,a andtime. require that the Licensee complete the following:

(a)b. Federal Bureau of Investigation fingerprint based criminal history record information check;

(b)If Anya otherlicensee criminalchanges historyhome recordstate informationby requiredmoving bybetween two member states, the newfollowing Homeshall State;occur:

and(1) (c)The Anylicensee Jurisprudenceshall Requirementsfile ofan application for obtaining a new home state license based on a compact privilege, pay all applicable fees, and notify the current and new Homehome State.state in accordance with the rules of the compact commission.

(3)(2) TheUpon formerreceipt Homeof Statean shallapplication convertfor theobtaining formera Homenew Statehome Licensestate intolicense aby Compactvirtue Privilegeof oncea compact privilege, the new Homehome Statestate hasshall activatedverify that the newlicensee Homemeets Statethe Licensecriteria in accordancesubsection with4 applicablevia Rulesthe adopteddata bysystem, and require that the Compactlicensee Commission.complete all of the following:

(4)(a) NotwithstandingFederal anybureau other provision of thisinvestigation Compact,fingerprint-based ifcriminal thehistory Licenseerecord cannotinformation meetcheck. the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.

(5)LSB The1080YC Licensee(1) shall91 pay-8- allss/ko applicable8/31 feesH.F. to the new Home State in order to be issued a new Home State License.

(C)_____ If(b) aAny Licenseeother changescriminal theirhistory Staterecord ofinformation residencerequired 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.home state.

(D)(c) NothingAny injurisprudence thisrequirements Compactof shallthe interferenew withhome astate. Licensee's ability to hold a Single State License in multiple States;

however,(3) forThe former home state shall convert the purposesformer ofhome thisstate Compact,license into a Licenseecompact shallprivilege haveonce onlythe onenew Homehome Statestate License.has activated the new home state license in accordance with applicable rules adopted by the compact commission.

(E)(4) NothingNotwithstanding inany thisother Compactprovision shallof affectthis compact, if the requirementslicensee establishedcannot bymeet athe Membercriteria Statein forsubsection 4, the issuancenew ofhome state may apply its requirements for issuing a Singlenew Statesingle License.state license.

SECTION(5) 6.The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.

ACTIVEc. MILITARY MEMBERS OR THEIR SPOUSES.

AnIf Activea Militarylicensee Member,changes or their spouse,state shallof designateresidence by moving from a Homemember Statestate whereto a nonmember state, or from a nonmember state to a member state, the individualstate hascriteria shall apply for issuance of a currentsingle Licensestate license in goodthe standing.new state.

Thed. individual may retain the Home State designation during the period the service member is on active duty.

HB0340aNothing -9-in HBthis 340compact Newshall Textinterfere Underlinedwith [DELETEDa TEXTlicensee’s BRACKETED]ability 34-LS1476\Ato SECTIONhold 7.a single state license in multiple states;

ADVERSEhowever, ACTIONS.for the purposes of this compact, a licensee shall have only one home state license.

(A)e. 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)Nothing Takein Adversethis Actioncompact againstshall affect the requirements established by a Licensee'smember Compactstate Privilegefor withinthe thatissuance Memberof State;a single state license.

and6. (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

SubpoenasActive issuedmilitary bymembers a Licensing Authority in a Member State for the attendance and testimony of witnesses or thetheir productionspouses. 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.

TheAn issuingactive authoritymilitary shallmember, payor anythe witnessactive fees,military travelmember’s expenses,spouse, mileage,shall anddesignate othera feeshome requiredstate bywhere the serviceindividual statuteshas ofa thecurrent Statelicense in whichgood thestanding. witnesses or evidence are located.

(B)The Onlyindividual may retain the Homehome Statestate shalldesignation haveduring the powerperiod tothe takeservice Adversemember Actionis againston aactive Licensee'sduty. Home State License.

(C)7. 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.

InAdverse soactions. doing, the Home State shall apply its own State laws to determine appropriate action.

(D)a. The Home State shall complete any pending investigations of a Licensee who changes Home States during the course of the investigations.

TheIn Homeaddition Stateto shallthe alsoother havepowers authorityconferred toby takestate appropriatelaw, action(s)a andremote state shall promptlyhave report the conclusionsauthority, ofin theaccordance investigationswith existing state due process law, to thedo administratorall of the Datafollowing: System.

The(1) administratorTake ofadverse theaction Dataagainst Systema shalllicensee’s promptlycompact notifyLSB the1080YC new(1) Home91 State-9- ofss/ko any9/31 AdverseH.F. Actions.

(E)_____ Aprivilege Memberwithin 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.member state.

(F)(2) AIssue Membersubpoenas Statefor mayboth takehearings Adverseand Actioninvestigations basedthat onrequire the factualattendance findingsand testimony of anotherwitnesses Remoteas State,well providedas that the Memberproduction Stateof followsevidence. its own procedures for HB 340 -10- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A taking the Adverse Action.

(G)Subpoenas Jointissued Investigations: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.

(1)The Inissuing additionauthority toshall thepay authorityany grantedwitness tofees, atravel Memberexpenses, Statemileage, byand itsother respectivefees Staterequired law,by anythe Memberservice Statestatutes mayof participatethe withstate otherin Memberwhich Statesthe inwitnesses jointor investigationsevidence ofare Licensees.located.

(2)b. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the Compact.

(H)Only If Adverse Action is taken by the Homehome Statestate againstshall ahave Licensee's Home State License resulting in an Encumbrance on the Homepower Stateto License,take theadverse Licensee'saction Compactagainst Privilege(s)a inlicensee’s allhome otherstate Memberlicense. States shall be revoked until all Encumbrances have been removed from the Home State License.

Allc. 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)For Oncepurposes anof Encumberedtaking Licenseadverse inaction, the Homehome Statestate isshall restoredgive tothe ansame Unencumberedpriority Licenseand (aseffect certifiedto byreported theconduct Homereceived State'sfrom Licensinga Authority),member thestate Licenseeas mustit meetwould if the requirementsconduct ofhad Sectionoccurred 4(A)within and follow the administrativehome requirementsstate. to reapply to obtain a Compact Privilege in any Remote State.

(J)In Ifso adoing, Memberthe Statehome takesstate Adverse Action, it shall promptlyapply notifyits theown administratorstate oflaws theto Datadetermine System.appropriate action.

Thed. administrator of the Data System shall promptly notify the other Member States of any Adverse Actions.

(K)The Nothinghome instate this Compact shall overridecomplete aany Memberpending State'sinvestigations decisionof thata participationlicensee inwho anchanges Alternativehome Programstates mayduring bethe usedcourse in lieu of Adversethe Action.investigations.

SECTIONThe 8.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.

ESTABLISHMENTThe OFadministrator THEof DIETITIANthe LICENSUREdata COMPACTsystem COMMISSION.shall promptly notify the new home state of any adverse actions.

(A)e. 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.

TheA Compactmember Commissionstate, isif anotherwise instrumentalitypermitted ofby state law, may recover from the Compactaffected Stateslicensee actingthe jointlycosts andof notinvestigations anand instrumentalitydispositions of cases resulting from any oneadverse State.action taken against that licensee.

Thef. Compact Commission shall come into HB0340a -11- HB 340 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A existence on or after the effective date of the Compact as set forth in Section 12.

(B)A Membership,member Voting,state andmay Meetings.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.

(1)LSB Each1080YC Member State shall have and be limited to one (1) delegate91 selected-10- byss/ko that10/31 MemberH.F. State's Licensing Authority.

(2)_____ Theg. delegate shall be the primary administrator of the Licensing Authority or their designee.

(3)Joint Theinvestigations. Compact Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.

(4)(1) TheIn Compactaddition Commissionto maythe recommendauthority removalgranted orto suspensiona ofmember state by its respective state law, any delegatemember fromstate office.may participate with other member states in joint investigations of licensees.

(5)(2) A Member State'sstates Licensing Authority shall fillshare any vacancyinvestigative, oflitigation, itsor delegatecompliance occurringmaterials onin thefurtherance Compactof Commissionany withinjoint 60investigation daysinitiated ofunder the vacancy.compact.

(6)h. Each delegate shall be entitled to one vote on all matters before the Compact Commission requiring a vote by the delegates.

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, as certified by the home state’s licensing authority, the licensee must meet the requirements of 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 whose membership consists of all member states that have enacted the compact known as the dietitian licensure compact commission.

The compact commission is an LSB 1080YC (1) 91 -11- ss/ko 11/31 H.F.

_____ 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.

The bylaws may provide for delegates to meet and vote in-personin person or by telecommunication, video conference, or other means of communication.

(8) The Compactcompact Commissioncommission shall meet at least once during each calendar year.

The Compactcompact Commissioncommission may meet in person or by telecommunication, video conference, or other means of communication.

(C)c. The Compact Commission shall have the following powers:

(1)The Establishcompact thecommission fiscalshall yearhave all of the Compactfollowing Commission;powers:

(2)(1) Establish codethe offiscal conductyear and conflict of interestthe policies;compact commission.

(3)(2) Establish andcode amendof Rulesconduct and bylaws;conflict of interest policies.

(4)(3) MaintainEstablish itsand financialamend recordsrules inand accordancebylaws. with the bylaws;

(5)LSB Meet1080YC and(1) take91 such-12- actionsss/ko as12/31 areH.F. consistent with the provisions of this Compact, the Compact Commission's Rules, and the bylaws;

(6)_____ Initiate(4) andMaintain concludefinancial legalrecords proceedings or actions in theaccordance namewith of the Compactbylaws. Commission, provided that the standing of any Licensing Authority to sue or be sued under applicable law shall not be affected;

HB(5) 340Meet -12- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A (7) Maintain and certifytake recordssuch andactions informationas providedare toconsistent awith Member State as the authenticatedprovisions businessof recordsthis ofcompact, the Compactcompact Commission,commission’s rules, and designate an agent to do so on the Compactbylaws. Commission's behalf;

(8)(6) PurchaseInitiate and maintainconclude insurancelegal andproceedings bonds;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.

(9)(7) Borrow,Maintain accept,and orcertify contractrecords forand servicesinformation ofprovided personnel,to including,a butmember notstate limitedas to,the employeesauthenticated business records of athe Membercompact State;commission, and designate an agent to do so on the compact commission’s behalf.

(10)(8) ConductPurchase anand annualmaintain financialinsurance review;and bonds.

(11)(9) HireBorrow, employees,accept, elect or appointcontract officers,for fixservices compensation, define duties, grant such individuals appropriate authority to carry out the purposes of thepersonnel, Compact,including andbut establishnot thelimited Compact Commission's personnel policies and programs relating to conflictsemployees of interest,a qualificationsmember ofstate. personnel, and other related personnel matters;

(12)(10) AssessConduct andan collectannual fees;financial review.

(13)(11) AcceptHire anyemployees, andelect allor appoint officers, fix compensation, define duties, grant such individuals appropriate donations,authority grantsto ofcarry money,out otherthe sourcespurposes of revenue,the equipment,compact, supplies,and materials,establish services,the andcompact gifts,commission’s personnel policies and receive,programs utilize,relating andto disposeconflicts of theinterest, same;qualifications of personnel, and other related personnel matters.

provided(12) thatAssess atand allcollect timesfees. the Compact Commission shall avoid any actual or appearance of impropriety or conflict of interest;

(14)(13) Lease,Accept purchase,any retain,and own,all hold,appropriate improve,donations, orgrants useof anymoney, property,other real,sources personal,of orrevenue, mixed,equipment, orsupplies, materials, services, and gifts, and receive, utilize, and dispose of the same, provided that at all times the compact commission shall avoid any undividedactual interestor therein;appearance of impropriety or conflict of interest.

(15)(14) Sell,Lease, convey,purchase, mortgage,retain, pledge,own, lease,hold, exchange,improve, abandon, or otherwiseuse dispose of any propertyproperty, real, personal, or mixed;mixed, or any undivided interest therein.

(16)(15) EstablishSell, aconvey, budgetmortgage, andpledge, makelease, expenditures;exchange, abandon, or otherwise dispose of any property real, personal, LSB 1080YC (1) 91 -13- ss/ko 13/31 H.F.

(17)_____ Borrowor money;mixed.

(18)(16) AppointEstablish committees,a includingbudget standing committees, composed of members, State regulators, State legislators or their representatives, and consumermake representatives,expenditures. and such other interested persons as may be designated in this Compact or the bylaws;

(19)(17) ProvideBorrow andmoney. receive information from, and cooperate with, law enforcement agencies;

(20)(18) EstablishAppoint andcommittees, electincluding anstanding Executivecommittees, Committee,composed includingof amembers, chairstate regulators, state legislators or their representatives, and aconsumer vicerepresentatives, chair;and such other interested persons as may be designated in this compact or the bylaws.

HB0340a(19) -13-Provide HBand 340receive Newinformation Textfrom, Underlinedand [DELETEDcooperate TEXTwith, BRACKETED]law 34-LS1476\Aenforcement (21)agencies. 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(20) (22)Establish Performand suchelect otheran functionsexecutive ascommittee, mayincluding bea necessarychair orand appropriatea tovice achievechair. the purposes of this Compact.

(D)(21) TheDetermine Executivewhether Committee.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.

(1)(22) ThePerform Executivesuch Committeeother shallfunctions haveas themay powerbe tonecessary actor onappropriate behalfto ofachieve the Compactpurposes Commission according to the terms of this Compact.compact.

Thed. powers, duties, and responsibilities of the Executive Committee shall include:

(a)The Overseeexecutive thecommittee. 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;

(b)(1) RecommendThe toexecutive thecommittee Compactshall Commissionhave changes to the Rulespower or bylaws, changes to thisact Compacton legislation,behalf feesof chargedthe tocompact Compactcommission Memberaccording States, fees charged to Licensees,the andterms otherof fees;this compact.

(c)The Ensurepowers, Compactduties, administrationand servicesresponsibilities areof appropriatelythe provided,executive includingcommittee byshall contract;include all of the following:

(d)(a) PrepareOversee the day-to-day activities of the administration of the compact including enforcement and recommendcompliance with the budget;provisions of the compact, rules, and bylaws, and other such duties as deemed necessary.

(e)(b) MaintainRecommend financialto recordsthe oncompact behalfcommission ofchanges to the Compactrules Commission;or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.

(f)(c) MonitorEnsure Compactcompact complianceadministration ofservices Memberare Statesappropriately andprovided, provideincluding complianceby reportscontract. to the Compact Commission;

(g)(d) EstablishPrepare additionaland committeesrecommend asthe necessary;budget.

(h)(e) ExerciseMaintain thefinancial powersrecords andon dutiesbehalf of the Compactcompact Commissioncommission. 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;

andLSB (i)1080YC Other(1) duties91 as-14- providedss/ko in14/31 theH.F. Rules or bylaws of the Compact Commission.

(2)_____ The(f) ExecutiveMonitor Committeecompact shallcompliance beof composedmember ofstates nineand members:provide compliance reports to the compact commission.

HB(g) 340Establish -14-additional HB0340acommittees Newas Textnecessary. Underlined [DELETED TEXT BRACKETED] 34-LS1476\A (a) The chair and vice chair of the Compact Commission shall be voting members of the Executive Committee;

(b)(h) FiveExercise votingthe memberspowers fromand duties of the currentcompact membershipcommission ofduring the Compactinterim Commission,between electedcompact bycommission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Compactcompact Commission;commission by rule or bylaw.

(c)(i) OneOther ex-officio,duties nonvotingas memberprovided fromin athe recognizedrules professionalor associationbylaws representingof dietitians;the compact commission.

and(2) (d)The Oneexecutive ex-officio,committee nonvotingshall memberbe fromcomposed aof recognizedthe nationalfollowing credentialingnine organizationmembers: for dietitians.

(3)(a) The Compactchair Commissionand mayvice removechair any member of the Executivecompact Committeecommission asshall providedbe invoting themembers Compactof Commission'sthe bylaws.executive committee.

(4)(b) TheFive Executivevoting Committeemembers shallfrom meetthe atcurrent leastmembership annually.of the compact commission, elected by the compact commission.

(a)(c) ExecutiveOne Committeeex meetingsofficio, shallnonvoting bemember openfrom to the public, except that the Executive Committee may meet in a closed,recognized non-publicprofessional meetingassociation asrepresenting provideddietitians. in subsection (F)(2).

(b)(d) TheOne Executiveex Committeeofficio, shallnonvoting givemember 30from days'a noticerecognized ofnational itscredentialing meetings,organization postedfor ondietitians. the website of the Compact Commission and as determined to provide notice to persons with an interest in the business of the Compact Commission.

(c)(3) The Executivecompact Committeecommission may holdremove aany specialmember meetingof the executive committee as provided in accordancethe withcompact subsectioncommission’s (F)(1)(b).bylaws.

(E)(4) The Compactexecutive Commissioncommittee shall adoptmeet andat provideleast toannually. the Member States an annual report.

(F)(a) MeetingsExecutive ofcommittee meetings shall be open to the Compactpublic, Commission.except that the executive committee may meet in a closed, nonpublic meeting as provided in paragraph “f”, subparagraph (2).

(1)(b) AllThe meetingsexecutive committee shall begive openthirty todays’ notice of its meetings, posted on the public,internet exceptsite thatof the Compactcompact Commissioncommission mayand meetas indetermined ato closed,provide non-publicnotice meetingto aspersons providedwith an interest in subsectionthe (F)(2).business of the compact commission.

(a)(c) PublicThe noticeexecutive forcommittee allmay meetingshold ofa thespecial fullmeeting Compact Commission shall be given in theaccordance samewith mannerparagraph as“f”, requiredsubparagraph under(1), thesubparagraph rulemakingdivision provisions(b). in Section 10, except that the Compact Commission may hold a special meeting as provided in subsection (F)(1)(b).

(b)LSB The1080YC Compact(1) Commission91 may hold a special meeting HB0340a -15- HBss/ko 34015/31 NewH.F. Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A when it must meet to conduct emergency business by giving 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_____ Compacte. Commission's legal counsel shall certify that the Compact Commission's need to meet qualifies as an emergency.

(2) The Compactcompact Commissioncommission orshall theadopt Executiveand Committeeprovide orto other committees of the Compactmember Commissionstates mayan conveneannual inreport. 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:

(a)f. Non-compliance of a Member State with its obligations under the Compact;

(b)Meetings Theof employment,the compensation,compact discipline,commission. or other matters, practices, or procedures related to specific employees;

(c)(1) CurrentAll ormeetings threatenedshall disciplinebe ofopen ato Licenseethe bypublic, except that the Compactcompact Commissioncommission ormay bymeet in a Memberclosed, State'snonpublic Licensingmeeting Authority;as provided in subparagraph (2).

(d)(a) Current,Public threatened,notice orfor reasonablyall anticipatedmeetings litigation;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).

(e)(b) NegotiationThe ofcompact contractscommission formay hold a special meeting when it must meet to conduct emergency business by giving twenty-four hours’ notice to all member states, on the purchase,compact lease,commission’s orinternet salesite, ofand goods,other services,means oras realprovided estate;in the compact commission’s rules.

(f)The Accusingcompact anycommission’s personlegal ofcounsel ashall crimecertify orthat formallythe censuringcompact anycommission’s person;need to meet qualifies as an emergency.

(g)(2) TradeThe secretscompact commission or commercialthe executive committee or financialother informationcommittees thatof isthe privilegedcompact commission may convene in a closed, nonpublic meeting for the compact commission or confidential;executive committee or other committees of the compact commission to receive legal advice or to discuss any of the following:

(h)(a) InformationNoncompliance of a personalmember naturestate wherewith disclosurethe wouldmember constitutestate’s aobligations clearlyunder unwarrantedthe invasioncompact. of personal privacy;

(i)(b) InvestigativeThe recordsemployment, compiledcompensation, fordiscipline, lawor enforcementother purposes;matters, practices, or procedures related to specific employees.

(j)(c) InformationCurrent related to any investigative reports prepared by or onthreatened behalfdiscipline of ora forlicensee useby of the Compactcompact Commissioncommission or otherby committeea chargedmember withstate’s responsibilitylicensing ofauthority. investigation or determination of compliance issues pursuant to the Compact;

(k)(d) MattersCurrent, specificallythreatened, exempted from disclosure by federal or HBreasonably 340anticipated -16-litigation. HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A Member State law;

or(e) (l)Negotiation Otherof matterscontracts asfor specifiedthe inpurchase, thelease, Rulesor sale of thegoods, Compactservices, Commission.or real estate.

LSB 1080YC (1) 91 -16- ss/ko 16/31 H.F.

_____ (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.

(4) The Compactcompact Commissioncommission 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 minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Compactcompact Commissioncommission or order of a court of competent jurisdiction.

(G)g. Financing of the Compact Commission.

(1)Financing The Compact Commission shall pay, or provide for the paymentcompact of,commission. the reasonable expenses of its establishment, organization, and ongoing activities.

(2)(1) The Compactcompact Commissioncommission mayshall acceptpay, anyor andprovide allfor appropriatethe revenuepayment sourcesof, asthe providedreasonable inexpenses subsectionof (C)(13).its establishment, organization, and ongoing activities.

(3)(2) The Compactcompact Commissioncommission may levyaccept onany and collectall anLSB annual1080YC assessment(1) from91 each-17- Memberss/ko State17/31 andH.F. 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_____ aggregateappropriate annualrevenue assessmentsources amountas forprovided Memberin Statesparagraph shall“c”, besubparagraph allocated(13). based upon a formula that the Compact Commission shall promulgate by Rule.

(4)(3) The Compactcompact Commissioncommission shallmay notlevy incuron obligationsand collect an annual assessment from each member state and impose fees on licensees of anymember kindstates priorto whom the commission grants a compact privilege to securingcover the fundscost adequateof the operations and activities of the compact commission and the commission’s staff, which must, in a total amount, be sufficient to meetcover the same;commission’s annual budget as approved each year for which revenue is not provided by other sources.

norThe shallaggregate theannual Compactassessment Commissionamount pledgefor themember creditstates ofshall anybe ofallocated thebased Memberupon States,a exceptformula bythat and with the authoritycompact ofcommission theshall Memberpromulgate State.by rule.

(5)(4) The Compactcompact Commissioncommission shall keepnot accurateincur accountsobligations of allany HB0340akind -17-prior HBto 340securing Newthe Textfunds Underlinedadequate [DELETEDto TEXTmeet BRACKETED]the 34-LS1476\Asame, receiptsnor shall the compact commission pledge the credit of any of the member states, except by and disbursements.with the authority of the member state.

(5) The receiptscompact andcommission disbursements of the Compact Commission shall bekeep subjectaccurate toaccounts theof financialall reviewreceipts and accountingdisbursements. procedures established under its bylaws.

However,The all receipts and disbursements of funds handled by the Compactcompact Commissioncommission 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 becomeaccounting partprocedures ofestablished theunder annualits reportbylaws. of the Compact Commission.

(H)However, Qualifiedall Immunity,receipts Defense,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 Indemnification.the report of the financial review shall be included in and become part of the annual report of the compact commission.

(1)h. 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;

providedQualified thatimmunity, nothingdefense, inand thisindemnification. paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(1) The procurementmembers, ofofficers, insuranceexecutive ofdirector, anyemployees, typeand byrepresentatives of the Compactcompact Commissioncommission shall notbe immune from suit and liability, both personally and in their official capacities, for any wayclaim compromisefor damage to or limitloss 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 immunityperson grantedagainst hereunder.whom the claim is made had a reasonable basis for believing occurred within the scope LSB 1080YC (1) 91 -18- ss/ko 18/31 H.F.

(2)_____ Theof Compactcompact Commissioncommission shallemployment, defendduties, anyor member,responsibilities, officer,provided executivethat director,nothing employee,in andthis representativesubparagraph ofshall thebe Compactconstrued Commissionto inprotect any civilsuch actionperson seekingfrom tosuit imposeor liability arisingfor out of any actualdamage, orloss, allegedinjury, act, error, or omissionliability thatcaused occurredby within the scopeintentional of Compact Commission employment, duties, or responsibilities,willful or aswanton determinedmisconduct byof the Compact Commission that theperson. person against whom the claim is made had a reasonable basis for believing occurred within the scope of Compact Commission employment, duties, or responsibilities;

providedThe thatprocurement nothingof hereininsurance shallof beany construedtype toby prohibitthe thatcompact personcommission fromshall retainingnot theirin ownany counselway atcompromise theiror ownlimit expense;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 further,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'sperson’s intentional or willful or wanton misconduct.

(3) The Compactcompact Commissioncommission shall indemnify and hold harmless any HB 340 -18- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A member, officer, executive director, employee, and representative of the Compactcompact Commissioncommission 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 Compactcompact Commissioncommission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Compactcompact Commissioncommission 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 Licenseelicensee for professional malpractice or misconduct, which shall be governed solely by any other applicableLSB State1080YC laws.(1) 91 -19- ss/ko 19/31 H.F.

(5)_____ Nothingapplicable in this Compact shall be interpreted to waive or otherwise abrogate a Member State's state actionlaws. 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)(5) Nothing in this Compactcompact shall be construedinterpreted to bewaive or otherwise abrogate a waivermember ofstate’s sovereignstate action immunity byor state action affirmative defense with respect to antitrust claims under the Memberfederal StatesSherman Act, federal Clayton Act, or byany theother Compactstate Commission.or federal antitrust or anticompetitive law or regulation.

SECTION(6) 9.Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission.

DATA9. SYSTEM.

(A) The Compact Commission shall provide for the development, maintenance, operation, and utilization of a coordinated Data System.system.

(B)a. The Compact Commission shall assign each applicant for a Compact Privilege a unique identifier, as determined by the Rules.

(C)The Notwithstandingcompact anycommission othershall provisionprovide offor State law to the contrary,development, amaintenance, Memberoperation, Stateand shallutilization submitof a uniformcoordinated data setsystem. to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Compact Commission, including:

(1)b. Identifying information;

(2)The Licensurecompact data;commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.

(3)c. Adverse Actions against a License or Compact Privilege and information related thereto;

(4)Notwithstanding Non-confidentialany informationother relatedprovision toof Alternativestate Programlaw HB0340ato -19-the HBcontrary, 340a Newmember Textstate Underlinedshall [DELETEDsubmit TEXTa BRACKETED]uniform 34-LS1476\Adata participation,set to the beginningdata andsystem endingon datesall ofindividuals suchto participation,whom andthis othercompact informationis relatedapplicable toas suchrequired participationby notthe maderules confidentialof underthe Membercompact Statecommission, law;including all of the following:

(5)(1) AnyIdentifying denialinformation. of application for licensure, and the reason(s) for such denial;

(6)(2) TheLicensure presencedata. of Current Significant Investigative Information;

and(3) (7)Adverse Otheractions informationagainst thata maylicense facilitate the administration of this Compact or thecompact protectionprivilege ofand theinformation public,related asthereto. determined by the Rules of the Compact Commission.

(D)(4) TheNonconfidential records and information providedrelated to aalternative Memberprogram Stateparticipation, pursuant to this Compact or through the Databeginning System,and whenending certifieddates by the Compact Commission or an agent thereof, shall constitute the authenticated business records of thesuch Compactparticipation, Commission, and shallother beinformation entitledrelated to anysuch associatedparticipation hearsaynot exceptionmade inconfidential anyunder relevantmember judicial,state quasi-judicial,law. or administrative proceedings in a Member State.

(E)(5) CurrentAny Significantdenial Investigativeof Informationapplication pertainingfor tolicensure, aand Licenseethe inreason anyfor Membersuch Statedenial. will only be available to other Member States.

(F)(6) ItThe ispresence the responsibility of thecurrent Membersignificant Statesinvestigative toinformation. 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(7) ActionOther information pertainingthat tomay afacilitate Licenseethe inLSB any1080YC Member(1) State91 will-20- bess/ko available20/31 toH.F. any other Member State.

(G)_____ Memberadministration Statesof contributingthis informationcompact toor the Dataprotection Systemof maythe designatepublic, informationas thatdetermined mayby not be shared with the publicrules without the express permission of the contributingcompact State.commission.

(H)d. 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.

SECTIONThe 10.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.

RULEMAKING.e.

(A)Current Thesignificant Compactinvestigative Commissioninformation shallpertaining promulgateto reasonablea Ruleslicensee in orderany tomember effectivelystate andwill efficientlyonly implementbe andavailable administerto theother purposesmember andstates. provisions of the Compact.

Af. 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 HB 340 -20- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A 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)It Theis Rules of the Compactresponsibility Commission shall have the force of law in each Member State, provided however that where the Rulesmember conflictstates withto thereport lawsany oradverse regulationsaction ofagainst a Memberlicensee Stateand that relate to monitor the procedures,data actions,system and processes a Licensed Dietitian is permitted to undertakedetermine inwhether thatany Stateadverse andaction thehas circumstancesbeen undertaken whichagainst they may do so, as held by a courtlicensee. of competent jurisdiction, the Rules of the Compact Commission shall be ineffective in that State to the extent of the conflict.

(C)Adverse Theaction Compactinformation Commissionpertaining shallto exercisea itslicensee rulemakingin powersany pursuantmember tostate thewill criteriabe setavailable forthto inany thisother Sectionmember andstate. the Rules adopted thereunder.

Rulesg. shall become binding on the day following adoption or as of the date specified in the Rule or amendment, whichever is later.

(D)Member Ifstates acontributing majorityinformation ofto the legislaturesdata ofsystem themay Memberdesignate Statesinformation rejectsthat amay Rulenot orbe portionshared ofwith a Rule, by enactment of a statute or resolution in the samepublic mannerwithout used to adopt the Compactexpress withinpermission four (4) years of the datecontributing ofstate. adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

(E)h. Rules shall be adopted at a regular or special meeting of the Compact Commission.

(F)Any Priorinformation submitted to adoptionthe ofdata asystem proposedthat Rule,is thesubsequently Compactexpunged Commissionpursuant shallto holdfederal alaw publicor hearingthe andlaws allowof personsthe tomember providestate oralcontributing andthe writteninformation comments,shall data,be facts,removed opinions,from andthe arguments.data system.

(G)10. 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)Rulemaking. On the website of the Compact Commission or other publicly accessible platform;

(2)a. To persons who have requested notice of the Compact Commission's notices of proposed rulemaking;

andThe (3)compact Incommission suchshall otherpromulgate way(s)reasonable asrules thein Compactorder Commissionto mayeffectively byand Ruleefficiently HB0340aimplement -21-and HBadminister 340the Newpurposes Textand Underlinedprovisions [DELETEDof TEXTthe BRACKETED]compact. 34-LS1476\A specify.

(H)A Therule Noticeshall be invalid and have no force or effect only if a court of Proposedcompetent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking shallauthority include:in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable LSB 1080YC (1) 91 -21- ss/ko 21/31 H.F.

(1)_____ Thestandard time, date, and location of thereview. 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)b. 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 textrules of the proposedcompact Rulecommission 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 reasoncircumstances therefore;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.

(4)c. A request for comments on the proposed Rule from any interested person;

andThe (5)compact Thecommission mannershall exercise its rulemaking powers pursuant to the criteria set forth in whichthis interestedsection personsand maythe submitrules writtenadopted comments.thereunder.

(I)Rules Allshall hearingsbecome willbinding beon recorded.the day following adoption or as of the date specified in the rule or amendment, whichever is later.

Ad. 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)If Nothinga majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in thisthe Sectionsame manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall behave construedno asfurther requiringforce aand separateeffect hearingin onany eachmember Rule.state.

Rulese. may be grouped for the convenience of the Compact Commission at hearings required by this Section.

(K)Rules Theshall Compactbe Commissionadopted shall,at bya majorityregular voteor ofspecial allmeeting members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.compact commission.

(1)f. The Compact Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.

(2)Prior Theto Compactadoption Commissionof shalla provideproposed anrule, explanation of the reasonscompact forcommission substantiveshall changeshold madea topublic thehearing proposedand Ruleallow aspersons wellto asprovide reasonsoral forand substantivewritten changescomments, notdata, madefacts, thatopinions, wereand recommendedarguments. by commenters.

(3)g. The Compact Commission shall determine a reasonable effective date for the Rule.

ExceptPrior forto anadoption emergencyof asa providedproposed inrule Sectionby 10(L), the effectivecompact datecommission, ofand theat Ruleleast shallthirty bedays noin sooneradvance thanof thirtythe (30)meeting daysat afterwhich issuing the noticecompact thatcommission itwill HBhold 340a -22-public HB0340ahearing Newon Textthe Underlinedproposed [DELETEDrule, TEXTthe BRACKETED]compact 34-LS1476\Acommission adoptedshall orprovide amendeda thenotice Rule.of proposed rulemaking as follows:

(L)(1) UponOn determination that an emergency exists, the Compactinternet Commissionsite mayof consider and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided that the usualcompact rulemakingcommission proceduresor providedother inpublicly theaccessible Compactplatform. 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(2) theTo purposespersons ofwho thishave provision,requested annotice emergencyof Rulethe iscompact oneLSB that1080YC must(1) be91 adopted-22- immediatelyss/ko in22/31 orderH.F. to:

(1)_____ Meetcommission’s annotices imminentof threatproposed torulemaking. public health, safety, or welfare;

(2)(3) PreventIn asuch lossother ofway Compactas Commissionthe orcompact Membercommission Statemay funds;by rule specify.

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

orThe (4)notice Protectof publicproposed healthrulemaking andshall safety.include all of the following:

(M)(1) The Compacttime, Commissiondate, orand anlocation authorizedof committeethe ofpublic hearing at which the Compactcompact Commissioncommission maywill directhear revisionpublic tocomments aon previouslythe adoptedproposed Rulerule forand, purposesif different, the time, date, and location of correctingthe typographicalmeeting errors,where errorsthe incompact format,commission errorswill inconsider consistency,and orvote grammaticalon errors.the proposed rule.

Public(2) noticeIf the hearing is held via telecommunication, video conference, or other means of anycommunication, revisionthe compact commission shall beinclude postedthe onmechanism for access to the websitehearing ofin the Compactnotice Commission.of proposed rulemaking.

(3) The revisiontext shallof bethe subjectproposed torule challengeand bythe anyreason persontherefore. for a period of thirty (30) days after posting.

The(4) revisionA mayrequest befor challengedcomments only on grounds that the revisionproposed resultsrule infrom aany materialinterested changeperson. to a Rule.

A(5) challengeThe shallmanner be made in writingwhich andinterested deliveredpersons tomay thesubmit Compactwritten Commissioncomments. prior to the end of the notice period.

Ifi. no challenge is made, the revision will take effect without further action.

IfAll thehearings revisionwill isbe challenged,recorded. the revision may not take effect without the approval of the Compact Commission.

(N)A Nocopy Memberof State'sthe rulemakingrecording requirementsand all written comments and documents received by the compact commission in response to the proposed rule shall applybe underavailable thisto Compact.the public.

SECTIONj. 11.

OVERSIGHT,Nothing DISPUTEin RESOLUTION,this ANDsubsection ENFORCEMENT.shall be construed as requiring a separate hearing on each rule.

(A)Rules Oversight.may be grouped for the convenience of the compact commission at hearings required by this section.

(1)k. 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.

HB0340aThe -23-compact HBcommission 340shall, Newby Textmajority Underlinedvote [DELETEDof TEXTall BRACKETED]members, 34-LS1476\Atake (2)final Exceptaction ason otherwisethe providedproposed inrule thisbased Compact,on venue is proper and judicial proceedings by or against the Compactrulemaking Commissionrecord shall be brought solely and exclusively in a court of competent jurisdiction where the principalfull officetext of the Compactrule. Commission is located.

(1) The Compactcompact Commissioncommission may waiveadopt venuechanges andto jurisdictionalthe defensesproposed torule provided the extentchanges itdo adoptsnot orenlarge consentsthe tooriginal participatepurpose inof alternativethe disputeproposed resolutionrule. proceedings.

Nothing(2) hereinThe shallcompact affectcommission orshall limitprovide thean selectionexplanation orof proprietythe ofreasons venuefor insubstantive anychanges actionmade againstto athe Licenseeproposed forrule professionalLSB malpractice,1080YC misconduct,(1) or91 any-23- suchss/ko similar23/31 matter.H.F.

(3)_____ Theas Compactwell Commissionas shallreasons befor entitledsubstantive tochanges receivenot servicemade ofthat processwere inrecommended anyby proceedingcommenters. regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes.

Failure(3) toThe providecompact thecommission Compact Commission service of process shall renderdetermine a judgmentreasonable oreffective orderdate voidfor as to the Compactrule. Commission, this Compact, or promulgated Rules.

(B)Except Default,for Technicalan Assistance,emergency andas Termination.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.

(1)l. 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.

TheUpon noticedetermination ofthat defaultan shallemergency describeexists, the default,compact thecommission proposedmay meansconsider ofand curingadopt thean default,emergency andrule anywith othertwenty-four actionhours’ notice, with opportunity to comment, provided that the Compactusual Commissionrulemaking mayprocedures takeprovided in the compact and in this subsection shall offerbe trainingretroactively andapplied specificto technicalthe assistancerule regardingas soon as reasonably possible, in no event later than ninety days after the default.effective date of the rule.

(2)For Thethe Compactpurposes Commissionof shallthis provideprovision, aan copyemergency ofrule theis noticeone ofthat defaultmust be adopted immediately in order to thedo otherany Memberof States.the following:

(C)(1) IfMeet aan Stateimminent inthreat default fails to curepublic thehealth, default,safety, theor defaultingwelfare. 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(2) curePrevent ofa theloss default does not relieve the offending State of obligationscompact commission or liabilitiesmember incurredstate duringfunds. the period of default.

(D)(3) TerminationMeet ofa membershipdeadline infor the Compactpromulgation shallof bea imposedrule onlythat afteris allestablished otherby meansfederal oflaw securingor compliancerule. have been exhausted.

Notice(4) ofProtect intentpublic tohealth suspend or terminate shall be given by the Compact Commission to the governor, the majority HB 340 -24- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A and minoritysafety. leaders of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of the Member States' Licensing Authority.

(E)m. 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)The Uponcompact thecommission terminationor an authorized committee of athe State'scompact membershipcommission frommay thisdirect Compact,revision thatto Statea shallpreviously immediatelyadopted providerule noticefor topurposes allof Licenseescorrecting withintypographical thaterrors, Stateerrors ofin suchformat, termination.errors in consistency, or grammatical errors.

ThePublic terminatednotice Stateof shallany continuerevision toshall recognizebe allposted Compacton Privilegesthe grantedinternet pursuantsite to this Compact for a minimum of six months after the datecompact ofcommission. said notice of termination.

(G) The Compactrevision Commission shall notbe bearsubject any costs related to achallenge Stateby thatany isperson foundfor toa beperiod inof defaultthirty ordays thatafter hasposting. been terminated from the Compact, unless agreed upon in writing between the Compact Commission and the defaulting State.

(H) The defaultingrevision State may appealbe thechallenged actiononly ofon grounds that the Compactrevision Commissionresults byin petitioninga thematerial U.S.change to a rule.

DistrictA Courtchallenge forshall thebe Districtmade ofin Columbiawriting orand delivered to the federalcompact districtcommission whereprior to the Compactend Commissionof hasthe itsnotice principalperiod. offices.

TheIf prevailingno partychallenge shallis bemade, awardedthe allrevision costswill oftake sucheffect litigation,without includingLSB reasonable1080YC attorney's(1) fees.91 -24- ss/ko 24/31 H.F.

(I)_____ Disputefurther Resolution.action.

(1)If Uponthe requestrevision byis achallenged, Member State, the Compactrevision Commissionmay shallnot attempttake toeffect resolvewithout disputesthe relatedapproval toof the Compactcompact thatcommission. arise among Member States and between Member and non-Member States.

(2)n. The Compact Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(J)No Enforcement.member state’s rulemaking requirements shall apply under this compact.

(1)11. 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.

Oversight, dispute resolution, and enforcement.

a.

Oversight.

(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.

(2) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the 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 LSB 1080YC (1) 91 -25- ss/ko 25/31 H.F.

_____ 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 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 LSB 1080YC (1) 91 -26- ss/ko 26/31 H.F.

_____ 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.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney'sattorney fees.

The remedies herein HB0340a -25- HB 340 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A shall not be the exclusive remedies of the Compactcompact Commission.commission.

The Compactcompact Commissioncommission may pursue any other remedies available under federal or the defaulting Membermember State'sstate’s law.

(2) A Membermember Statestate may initiate legal action against the Compactcompact Commissioncommission in the U.S.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.

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.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonableLSB attorney's1080YC fees.(1) 91 -27- ss/ko 27/31 H.F.

(3)_____ Noreasonable partyattorney otherfees. than a Member State shall enforce this Compact against the Compact Commission.

SECTION(3) 12.No party other than a member state shall enforce this compact against the compact commission.

EFFECTIVE12. DATE, WITHDRAWAL, AND AMENDMENT.

(A)Effective Thedate, Compactwithdrawal, shalland comeamendment. into effect on the date on which the Compact statute is enacted into law in the seventh Member State.

(1)a. On or after the effective date of the Compact, the Compact Commission shall convene and review the enactment of each of the first seven Member States ("Charter Member States") to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.

(a)The Acompact Chartershall Membercome Stateinto whoseeffect enactmenton isthe founddate toon bewhich materially different from the modelcompact Compact statute shallis beenacted entitledinto tolaw in the defaultseventh processmember setstate. forth in Section 11.

(b)(1) IfOn anyor Memberafter Statethe iseffective laterdate foundof tothe becompact, inthe default,compact orcommission isshall terminated,convene orand withdrawsreview from the Compact,enactment theof Compacteach Commissionof shallthe remaincharter inmember existencestates andto thedetermine Compactif shallthe remainstatute inenacted effectby eveneach ifsuch thecharter numbermember ofstate Memberis Statesmaterially shoulddifferent bethan lessthe thanmodel seven.compact statute.

(2)(a) MemberA Statescharter enactingmember thestate Compactwhose subsequentenactment tois thefound sevento initial Charter Member States shall be subject to the process set forth in Section 8(C)(21) to determine if their enactments are materially different from the model Compactcompact statute andshall whetherbe theyentitled qualifyto forthe participationdefault process set forth in thesubsection Compact.11.

(3)(b) AllIf actionsany takenmember forstate theis benefitlater offound theto Compactbe Commission or in HBdefault, 340or -26-is HB0340aterminated, Newor Textwithdraws Underlinedfrom [DELETED TEXT BRACKETED] 34-LS1476\A furtherance of the purposescompact, of the administrationcompact ofcommission theshall Compactremain priorin toexistence theand effective date of the Compactcompact or the Compact Commission coming into existence shall beremain consideredin toeffect beeven actionsif of the Compactnumber Commissionof unlessmember specificallystates repudiatedshould bybe theless Compactthan Commission.seven.

(4)(2) AnyMember Statestates thatenacting joins the Compactcompact subsequent to the Compactseven Commission's initial adoptioncharter ofmember thestates Rules and bylaws shall be subject to the Rulesprocess andset bylawsforth asin theysubsection exist8, onparagraph the“c”, datesubparagraph on(21), whichto determine if their enactments are materially different from the Compactmodel becomescompact lawstatute and whether they qualify for participation in thatthe State.compact.

Any(3) RuleAll thatactions hastaken beenfor previouslythe adoptedbenefit byof the Compactcompact Commissioncommission shallor havein furtherance of the fullpurposes forceof andthe effectadministration of lawthe oncompact prior to the dayeffective date of the Compactcompact becomesor lawthe incompact thatcommission State.coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.

(B)(4) Any Memberstate Statethat mayjoins withdrawthe fromcompact thissubsequent Compactto bythe enactingcompact acommission’s statuteinitial repealingadoption of the same.rules and bylaws shall be subject to the rules and bylaws as they exist on the LSB 1080YC (1) 91 -28- ss/ko 28/31 H.F.

(1)_____ Adate Memberon State'swhich withdrawalthe shallcompact notbecomes takelaw effectin untilthat 180state. days after enactment of the repealing statute.

(2)Any Withdrawalrule shallthat nothas affectbeen thepreviously continuingadopted requirementby of the withdrawingcompact State'scommission Licensingshall Authorityhave to comply with the investigativefull force and Adverseeffect Action reporting requirements of thislaw Compacton priorthe today the effectivecompact datebecomes oflaw withdrawal.in that state.

(3)b. 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.

NotwithstandingAny anymember subsequentstate statutorymay enactmentwithdraw tofrom the contrary, such withdrawing State shall continue to recognize all Compact Privileges granted pursuant to this Compactcompact forby enacting a minimumstatute ofrepealing 180 days after the datecompact. of such notice of withdrawal.

(C)(1) NothingA containedmember instate’s thiswithdrawal Compact shall benot construedtake toeffect invalidateuntil orone preventhundred anyeighty licensuredays agreementafter orenactment otherof cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisionsrepealing ofstatute. this Compact.

(D)(2) ThisWithdrawal Compactshall maynot beaffect amendedthe bycontinuing requirement of the Memberwithdrawing States.state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

No(3) amendmentUpon tothe thisenactment Compactof shalla becomestatute effectivewithdrawing andfrom bindingthis uponcompact, anya Memberstate Stateshall untilimmediately itprovide isnotice enactedof intosuch thewithdrawal lawsto of all Memberlicensees States.within that state.

SECTIONNotwithstanding 13.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.

CONSTRUCTIONc. AND SEVERABILITY.

HB0340aNothing -27-contained HBin 340this Newcompact Textshall Underlinedbe [DELETEDconstrued TEXTto BRACKETED]invalidate 34-LS1476\Aor (A)prevent Thisany Compactlicensure andagreement theor Compactother Commission'scooperative rulemakingarrangement authoritybetween shalla bemember liberallystate construedand soa asnonmember tostate effectuatethat thedoes purposesnot andconflict with the implementationprovisions and administration of thethis Compact.compact.

Provisionsd. 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)This Thecompact provisionsmay of this Compact shall be severableamended and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitutionmember ofstates. 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 Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.

(C)No Notwithstandingamendment Sectionto 13(B),this thecompact Compactshall Commissionbecome mayeffective denyand abinding State'supon participationany inmember thestate Compactuntil or,it inis accordanceenacted withinto the requirementslaws of Sectionall 11(B),member terminatestates. 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,13. 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.

SECTIONConstruction 14.and severability.

CONSISTENTa. EFFECT AND CONFLICT WITH OTHER STATE LAWS.

(A)This Nothingcompact hereinand shallthe preventcompact orcommission’s inhibitrulemaking theauthority enforcementshall ofbe anyliberally otherconstrued lawso ofas ato Membereffectuate Statethe thatpurposes isand notthe inconsistentimplementation withand administration of the Compact.compact.

(B)Provisions Anyof laws,the statutes,compact regulations,expressly authorizing or otherLSB legal1080YC requirements(1) in91 a-29- Memberss/ko State29/31 inH.F. conflict with the Compact are superseded to the extent of the conflict.

(C)_____ Allrequiring permissiblethe agreementspromulgation betweenof therules Compactshall Commissionnot andbe theconstrued Memberto Stateslimit arethe bindingcompact incommission’s accordancerulemaking withauthority theirsolely terms.for those purposes.

Sec.b.

08.38.210.The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be 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.