This“CDR” Compactmeans isthe designedcommission toon achievedietetic theregistration followingor objectives:its successor organization.

(A)f. Increase public access to dietetics services;

(B)“Charter Providemember opportunitiesstate” formeans interstateany practicemember state which enacted this compact by Licensedlaw Dietitiansbefore whothe meeteffective uniformdate requirements;specified in subsection 12.

(C)g. Eliminate the necessity for Licenses in multiple States;

(D)“Compact Reducecommission” administrativemeans burdenthe ongovernment Memberagency Stateswhose membership consists of all states that have enacted this compact, which is known as the dietitian licensure compact commission, as described in subsection 8, and Licensees;which shall operate as an instrumentality of the member states.

(E)h. Enhance the States' ability to protect the public's health and safety;

(F)“Compact Encourageprivilege” themeans cooperationa oflegal Memberauthorization, Stateswhich inis regulatingequivalent multistateto a license, permitting the practice of Licenseddietetics Dietitians;in a remote state.

(G)i. Support relocating Active Military Members and their spouses;

(H)“Continuing Enhanceeducation” themeans exchangea ofrequirement, licensure,as investigative,House andFile disciplinary532, informationp. among Member States;

and3 (I)a Vestcondition allof Memberlicense Statesrenewal, with the authority to holdprovide aevidence Licensedof Dietitianparticipation accountablein, forand meetingcompletion allof, Stateeducational practiceand lawsprofessional inactivities therelevant Stateto inpractice whichor thearea patientof iswork. located at the time care is rendered.

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)(2) "ACEND"Investigative meansinformation that indicates that the Accreditationsubject Councillicensee forrepresents Educationan inimmediate Nutritionthreat to public health and Dieteticssafety orregardless itsof successorwhether organization.the subject licensee has been notified and had an opportunity to respond.

(B)k. "Active Military Member" means any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.

(C)“Data "Adversesystem” Action" means any administrative, civil, equitable or criminal action permitted by a State'srepository lawsof whichinformation isabout imposedlicensees, by a Licensing Authority or other authority against a Licensee, including actionsbut againstnot anlimited 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,continuing includingeducation, issuanceexamination, oflicensure, ainvestigative, ceasecompact privilege, and HBadverse 340action -2-information. HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A desist action.

(D)l. "Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Licensing Authority.

(E)“Encumbered "Charterlicense” Member State" means anya Memberlicense Statein which enactedan thisadverse Compactaction byrestricts lawa beforelicensee’s theability Effectiveto Datepractice specifieddietetics. in Section 12.

(F)m. "Continuing Education" means a requirement, as a condition of License renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.

(G)“Encumbrance” "CDR" means thea Commissionrevocation onor Dieteticsuspension Registrationof, or itsany successorlimitation organization.on a licensee’s full and unrestricted practice of dietetics by a licensing authority.

(H)n. "Compact Commission" means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 8, and which shall operate as an instrumentality of the Member States.

(I)“Executive "Compactcommittee” Privilege" means a legalgroup authorization,of whichdelegates iselected equivalentor appointed to aact License,on permittingbehalf of, and within the Practicepowers ofgranted Dieteticsto inthem aby, Remotethis State.compact, and the compact commission.

(J)o. "Current Significant Investigative Information" means:

(1)“Home Investigativestate” Informationmeans thatthe amember Licensingstate Authority, after a preliminary inquiry that includesis notification and an opportunity for the subjectlicensee’s Licenseeprimary tostate respond,of ifresidence requiredor bythat Statehas law,been hasdesignated reasonpursuant to believesubsection is6. not groundless and, if proved true, would indicate more than a minor infraction;

orp. (2) Investigative Information that indicates that the subject Licensee represents an immediate threat to public health and safety regardless of whether the subject Licensee has been notified and had an opportunity to respond.

(K)“Investigative "Datainformation” System" means ainformation, repositoryrecords, ofand informationdocuments aboutreceived Licensees,or including,generated butby nota limitedlicensing to,authority Continuingpursuant Education,to examination,an licensure,investigation. investigative, Compact Privilege and Adverse Action information.

(L)q. "Encumbered License" means a License in which an Adverse Action restricts a Licensee's ability to practice dietetics.

(M)“Jurisprudence "Encumbrance"requirement” means aan revocationassessment orof suspensionan of,individual’s orknowledge anyof limitationthe onstate alaws Licensee'sand fullregulations andgoverning unrestrictedthe Practicepractice of Dieteticsdietetics byin asuch Licensingstate. Authority.

HB0340ar. -3- HB 340 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A (N) "Executive Committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this Compact, and the Compact Commission.

(O)“License” "Home State" means thean Memberauthorization Statefrom thata ismember thestate Licensee'sto primarydo Stateeither of residencethe orfollowing: that has been designated pursuant to Section 6.

(P)(1) "InvestigativeEngage Information"in meansthe information,practice records,of anddietetics, documentsincluding receivedmedical ornutrition generatedtherapy. by a Licensing Authority pursuant to an investigation.

(Q)House "JurisprudenceFile Requirement"532, meansp. an assessment of an individual's knowledge of the State laws and regulations governing the Practice of Dietetics in such State.

(R)4 "License"(2) meansUse anthe authorizationtitle fromdietitian, licensed 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 Compactrequirements Commissionoutlined mayin furthersubsection define4. by Rule.

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

(T)“Licensing "Licensingauthority” Authority" means the board or agency of a State,state, or equivalent, that is responsible for the licensing and regulation of the Practicepractice of Dietetics.dietetics.

(U)u. "Member State" means a State that has enacted the Compact.

(V)“Member "Practicestate” of Dietetics" means thea synthesis and application of dietetics as defined by state lawthat andhas regulations,enacted primarily for the provisioncompact. 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)v. "Registered Dietitian" means a person who:

(1)“Practice Hasof completeddietetics” applicablemeans education,the experience,synthesis examination, and recertificationapplication requirementsof approveddietetics, byprimarily CDR;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.

(2)w. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist;

and“Registered (3)dietitian” 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 Memberperson Statewho othermeets thanall of the Homefollowing State,requirements: where a Licensee is exercising or seeking to exercise a Compact Privilege.

(Y)(1) "Rule"Has meanscompleted aapplicable regulationeducation, promulgatedexperience, byexamination, theand Compactrecertification Commissionrequirements thatapproved hasby theCDR. force of law.

(Z)(2) "SingleIs Statecredentialed License"by meansCDR aas License issued by a Memberregistered Statedietitian withinor the issuing State and does not include a Compactregistered Privilegedietitian innutritionist. any other Member State.

(AA)(3) "State"Is meanslegally anyauthorized state,to commonwealth,use district,the title registered dietitian or territoryregistered ofdietitian nutritionist and the Unitedcorresponding Statesabbreviations of“RD” America.or “RDN”.

(BB)x. "Unencumbered License" means a License that authorizes a Licensee to engage in the full and unrestricted Practice of Dietetics.

SECTION“Remote 3.state” means a member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

STATEy. PARTICIPATION IN THE COMPACT.

(A)“Rule” Tomeans participatea inregulation promulgated by the Compact,compact acommission Statethat musthas currently:the force of law.

(1)z. License and regulate the Practice of Dietetics;

and“Single (2)state Havelicense” means a mechanismlicense inissued placeby fora receivingmember state within the issuing state and investigatingdoes complaintsnot aboutinclude Licensees.a compact privilege in any other member state.

(B)aa. A Member State shall:

(1)“State” Participatemeans fullyany instate, thecommonwealth, Compactdistrict, Commission'sor Dataterritory System,of including using the uniqueUnited identifierStates asof definedAmerica. in Rules;

(2)ab. Notify the Compact Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee;

(3)“Unencumbered Implementlicense” ormeans utilizea procedureslicense forthat consideringauthorizes thea criminallicensee historyto recordengage informationin ofthe applicantsfull forand anunrestricted initialpractice Compactof Privilege.dietetics.

TheseHouse proceduresFile shall532, includep. 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)5 A3. 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 Homeall State's qualifications for licensure or renewal of licensure,the asfollowing: well as all other applicable State laws;

and(1) (6)License Recognizeand aregulate Compact Privilege granted to a Licensee who meets all of the requirementspractice outlined in Section 4 in accordance with the terms of thedietetics. Compact and Rules.

(C)(2) MemberHave Statesa maymechanism setin andplace collectfor areceiving feeand forinvestigating grantingcomplaints aabout Compactlicensees. Privilege.

(D)b. 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,A themember Singlestate State License granted to these individuals shall notdo beall recognizedof as granting a Compact Privilege to engage in the Practicefollowing: of Dietetics in any other Member State.

(E)(1) NothingParticipate fully in this Compact shall affect the requirementscompact establishedcommission’s bydata asystem, Memberincluding Stateusing for the issuanceunique ofidentifier aas Singledefined Statein License.rules.

(F)(2) AtNotify nothe pointcompact shallcommission, thein Compactcompliance Commissionwith havethe terms of the powercompact toand definerules, theof requirementsany foradverse action or the issuanceavailability of acurrent Singlesignificant Stateinvestigative Licenseinformation toregarding practicea dietetics.licensee.

The(3) MemberImplement Statesor shallutilize retainprocedures solefor jurisdictionconsidering over the provisioncriminal history record information of theseapplicants requirements.for an initial compact privilege.

SECTIONThese 4.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.

COMPACT(a) PRIVILEGE.A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility.

(A)(b) ToCommunication exercisebetween thea Compactmember Privilegestate underand the termscompact andcommission provisionsor ofamong member states regarding the Compact,verification of eligibility for a compact privilege shall not include any information received from the Licenseefederal shall:bureau of investigation relating to a federal criminal history record information check performed by a member state.

(4) Comply with and enforce the rules of the compact commission.

(5) Require an applicant for a compact privilege to obtain or retain a license in the licensee’s home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.

House File 532, p.

6 (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 council on higher education accreditation and the United States department of education.

or(B) (ii)An aacademic dieteticsdegree accreditingfrom agencya recognizedcollege byor theuniversity Unitedin Statesa Departmentforeign ofcountry Education,equivalent whichto the Compactdegree Commissiondescribed mayin bysubparagraph Rulepart determine,(A) andthat fromis aprogrammatically college or university accredited at the time of graduation by theACEND appropriateor regionala dietetics accrediting agency recognized by the CouncilHouse onFile Higher532, Educationp. Accreditation and the United States Department of Education;

(b)7 AnUnited academicStates degreedepartment fromof aeducation, collegewhich or university in a foreign country equivalent to the degreecompact describedcommission inmay subparagraph (a) that is programmatically accredited by (i)rule ACEND;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,of Encumbrance, or restriction on a License taken by any non-Member State within 30 days from the datehome thestate actionlicense. is taken.

(B)To Themaintain Compacta Privilegecompact isprivilege, validrenewal untilof the expirationcompact dateprivilege shall be congruent with the renewal of the Homehome Statestate License.license as the compact commission may define by rule.

ToThe maintainlicensee amust Compactcomply Privilege, renewal of the Compact Privilege shall be congruent with the renewalrequirements of theparagraph Home“a” Stateto Licensemaintain as the Compactcompact Commissionprivilege mayin definethe byremote Rule.state.

Thec. Licensee must comply with the requirements of Section 4(A) to maintain the Compact Privilege in the Remote State(s).

(C) A Licenseelicensee exercising a Compactcompact Privilegeprivilege shall adhere to the laws and regulations of the Remoteremote State.state.

LicenseesA licensee shall be responsible for educatingobtaining themselveseducation on, and complying with, any and all Statestate laws relating to the Practicepractice of Dieteticsdietetics in suchHouse RemoteFile State.532, p.

(D)8 Notwithstandingsuch anythingremote tostate. 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.

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)(b) TheAny Licenseeother shallcriminal payhistory allrecord applicableinformation feesrequired toby the new Homehome Statestate. in order to be issued a new Home State License.

(C)(c) IfAny ajurisprudence Licenseerequirements changes their State of residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.home state.

(D)(3) NothingThe informer thishome Compactstate shall interfereconvert withthe aformer Licensee'shome abilitystate tolicense holdinto a Singlecompact Stateprivilege Licenseonce the new home state has activated the new home state license in multipleaccordance States;with applicable rules adopted by the compact commission.

however,(4) forNotwithstanding theany purposesother provision of this Compact,compact, aif Licenseethe shalllicensee havecannot onlymeet onethe Homecriteria Statein License.subsection 4, the new home state may apply its requirements for issuing a new single state license.

(E)(5) NothingThe inlicensee thisshall Compactpay shallall affectapplicable thefees requirementsto establishedthe bynew ahome Memberstate Statein fororder theto issuancebe ofissued a Singlenew Statehome License.state license.

SECTIONc. 6.

ACTIVEIf MILITARYa MEMBERSlicensee ORchanges THEIRtheir SPOUSES.state of residence by moving House File 532, p.

An9 Activefrom Militarya Member,member orstate theirto spouse,a shallnonmember designatestate, or from a Homenonmember Statestate whereto 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 notifyprivilege thewithin newthat Homemember Statestate. of any Adverse Actions.

(E)(2) AIssue Membersubpoenas State,for ifboth otherwisehearings permittedand byinvestigations Statethat law,require may recover from the affectedattendance Licensee the costs of investigations and dispositionstestimony of caseswitnesses resultingas fromwell anyas Adversethe Actionproduction takenof againstevidence. that Licensee.

(F)Subpoenas Aissued Memberby Statea maylicensing takeauthority Adversein Actiona basedmember onstate for the factualattendance findingsand testimony of witnesses or the production of evidence from another Remotemember State,state providedshall thatbe enforced in the Memberlatter Statestate followsby itsany owncourt proceduresof forcompetent HBjurisdiction, 340according -10-to HB0340athe Newpractice Textand Underlinedprocedure [DELETEDapplicable TEXTto BRACKETED]subpoenas 34-LS1476\Aissued takingin theproceedings Adversepending Action.before that court.

(G)The Jointissuing Investigations:authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(1)b. In addition to the authority granted to a Member State by its respective State law, any Member State may participate with other Member States in joint investigations of Licensees.

(2)Only Memberthe Stateshome state shall sharehave anythe investigative,power litigation,to ortake complianceadverse materialsaction inagainst furtherancea oflicensee’s anyhome jointstate investigationlicense. initiated under the Compact.

(H)c. If Adverse Action is taken by the Home State against a Licensee's Home State License resulting in an Encumbrance on the Home State License, the Licensee's Compact Privilege(s) in all other Member States shall be revoked until all Encumbrances have been removed from the Home State License.

AllFor Homepurposes Stateof disciplinarytaking ordersadverse thataction, imposethe Adversehome Actionstate againstshall agive Licenseethe shallsame includepriority aand statementeffect thatto thereported Licensee'sconduct Compactreceived Privilegesfrom area revokedmember instate allas Memberit Stateswould duringif the pendencyconduct ofhad theHouse order.File 532, p.

(I)10 Onceoccurred anwithin Encumbered License in the Homehome Statestate. is restored to an Unencumbered License (as certified by the Home State's Licensing Authority), the Licensee must meet the requirements of Section 4(A) and follow the administrative requirements 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)g. Each Member State shall have and be limited to one (1) delegate selected by that Member State's Licensing Authority.

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

(3)(1) TheIn Compactaddition Commissionto shallthe byauthority Rulegranted orto bylawa establishmember astate termby ofits officerespective forstate delegateslaw, andany member state may byparticipate Rulewith orother bylawmember establishstates termin limits.joint investigations of licensees.

(4)(2) TheMember Compactstates Commissionshall mayshare recommendany removalinvestigative, litigation, or suspensioncompliance materials in furtherance of any delegatejoint frominvestigation office.initiated under the compact.

(5)h. A Member State's Licensing Authority shall fill any vacancy of its delegate occurring on the Compact Commission within 60 days of the vacancy.

(6)If Eachadverse delegateaction shallis betaken entitledby tothe onehome votestate against a licensee’s home state license resulting in an encumbrance on allthe mattershome beforestate license, the Compactlicensee’s Commissioncompact requiringprivilege ain voteall byother member states shall be revoked until all encumbrances have been removed from the delegates.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.

House File 532, p.

11 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 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.

Additional meetings may be held as set forthHouse inFile the532, bylaws.p.

The12 Compactforth Commission may meet in personthe orbylaws. by telecommunication, video conference, or other means of communication.

(C) The Compactcompact Commissioncommission shallmay havemeet thein followingperson powers:or by telecommunication, video conference, or other means of communication.

(1)c. Establish the fiscal year of the Compact Commission;

(2)The Establishcompact codecommission ofshall conducthave andall conflict of interestthe policies;following powers:

(3)(1) Establish andthe amendfiscal Rulesyear andof bylaws;the compact commission.

(4)(2) MaintainEstablish itscode financialof recordsconduct inand accordanceconflict withof theinterest bylaws;policies.

(5)(3) MeetEstablish and takeamend suchrules actions as are consistent with the provisions of this Compact, the Compact Commission's Rules, and thebylaws. bylaws;

(6)(4) InitiateMaintain andfinancial concluderecords legal 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)House Sell,File convey,532, mortgage,p. pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

(16)13 Establish(14) aLease, budgetpurchase, andretain, makeown, expenditures;hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.

(17)(15) BorrowSell, money;convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or 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 CommissionHouse duringFile the532, interimp. 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;

and14 (i)commission. Other duties as provided in the Rules or bylaws of the Compact Commission.

(2)(f) TheMonitor Executivecompact Committeecompliance shallof bemember composedstates ofand nineprovide members: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)e. The Compact Commission may hold a special meeting HB0340a -15- HB 340 New 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 Compactcompact Commission'scommission legal counsel shall certifyadopt thatand theprovide Compact Commission's need to meetthe qualifiesmember asstates an emergency.annual report.

(2)f. The Compact Commission or the Executive Committee or other committees of the Compact Commission may convene in a closed, non-public meeting for the Compact Commission or Executive Committee or other committees of the Compact Commission to receive legal advice or to discuss:

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

(b)House TheFile employment,532, compensation,p. discipline, or other matters, practices, or procedures related to specific employees;

(c)15 Current(1) orAll threatenedmeetings disciplineshall ofbe aopen Licenseeto bythe public, 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.

(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 House File 532, p.

16 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 anappropriate annualrevenue assessmentsources fromas eachprovided Member State and impose fees on Licensees of Member States to whom it grants a Compact Privilege to cover the cost of the operations and activities of the Compact Commission and its staff, which must, in aparagraph total“c”, amount,subparagraph be(13). sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.

(3) The aggregatecompact commission may levy on and collect an annual assessment amountfrom foreach Membermember Statesstate shalland beimpose allocatedfees basedon uponlicensees of member states to whom the commission grants a formulacompact thatprivilege to cover the Compactcost Commissionof shallthe promulgateoperations and activities of the compact commission and the commission’s staff, which must, in a total amount, be sufficient to cover the commission’s annual budget as approved each year for which revenue is not provided by Rule.other sources.

(4) The Compactaggregate Commissionannual shallassessment notamount incurfor obligationsmember ofstates anyshall kindbe priorallocated tobased securingupon thea fundsHouse adequateFile to532, meetp. the same;

nor17 shallformula thethat Compact Commission pledge the creditcompact ofcommission anyshall ofpromulgate the Member States, except by andrule. with the authority of the Member State.

(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 director, employees, and representatives of the compact commission shall be immune from suit and liability, both personally and in their official capacities, for any typeclaim 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 Compactperson Commissionagainst shallwhom notthe claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities, provided that nothing in this subparagraph shall be construed to protect any waysuch compromiseperson from suit or limitliability for any damage, loss, injury, or liability caused by the immunityintentional grantedor hereunder.willful or wanton misconduct of that person.

(2) The Compactprocurement Commission shall defend any member, officer, executive director, employee, and representative of theinsurance Compact Commission in any civil action seeking to impose liability arising out of any actualtype orby alleged act, error, or omission that occurred within the scopecompact ofcommission Compactshall Commissionnot employment,in duties,any orway responsibilities,compromise or aslimit determined by the Compactimmunity Commissiongranted thathereunder. 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(2) thatThe nothingcompact hereincommission shall bedefend construedany member, officer, executive director, employee, and representative of the compact commission in any civil action seeking to prohibitimpose 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 fromagainst retainingwhom theirthe ownclaim counselis atmade theirhad owna expense;reasonable basis for believing occurred House File 532, p.

18 within the scope of compact commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense, and provided further,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 applicable Statestate laws.

(5) Nothing in this Compactcompact shall be interpreted to waive or otherwise abrogate a Membermember State'sstate’s state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, federal Clayton Act, or any other Statestate or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compactcompact shall be construed to be a waiver of sovereign immunity by the Membermember Statesstates or by the Compactcompact Commission.commission.

SECTION 9.

DATAData SYSTEM.system.

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

(B) The Compactcompact Commissioncommission shall assignprovide each applicant for athe Compactdevelopment, Privilegemaintenance, aoperation, uniqueand identifier,utilization asof determineda bycoordinated thedata Rules.system.

(C)b. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Compact Commission, including:

(1)The Identifyingcompact information;commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules.

(2)c. Licensure data;

(3)Notwithstanding Adverseany Actionsother againstprovision of state law to the contrary, a Licensemember orstate Compactshall Privilegesubmit anda informationuniform relateddata thereto;set to House File 532, p.

(4)19 Non-confidentialthe informationdata relatedsystem toon Alternativeall Programindividuals HB0340ato -19-whom HBthis 340compact Newis Textapplicable Underlinedas [DELETEDrequired TEXTby BRACKETED]the 34-LS1476\Arules participation,of the beginningcompact andcommission, endingincluding datesall of suchthe participation,following: and other information related to such participation not made confidential under Member State law;

(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 inadministration anyof Memberthis Statecompact willor bethe availableprotection toof anythe otherpublic, Memberas State.determined by the rules of the compact commission.

(G)d. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.

(H)The Anyrecords and information submittedprovided to thea Datamember Systemstate thatpursuant isto subsequentlythis expungedcompact pursuantor tothrough federalthe lawdata orsystem, when certified by the lawscompact ofcommission or an agent thereof, shall constitute the Memberauthenticated Statebusiness contributingrecords of the informationcompact commission, and shall be removedentitled fromto theany Dataassociated System.hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

SECTIONe. 10.

RULEMAKING.Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

(A)f. The Compact Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact.

AIt Ruleis shallthe beresponsibility invalid and have no force or effect only if a court of competent jurisdiction holds that the Rulemember isstates invalidto becausereport theany Compactadverse Commissionaction HBagainst 340 -20- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A exercised its rulemaking authority in a mannerlicensee that is beyond the scope and purposesto ofmonitor the Compact,data orsystem theto powersdetermine grantedwhether hereunder,any oradverse basedaction uponhas anotherbeen applicabletaken standardagainst ofa review.licensee.

(B)Adverse Theaction Rulesinformation ofpertaining the Compact Commission shall have the force of law in each Member State, provided however that where the Rules conflict with the laws or regulations of a Member State that relate to the procedures, actions, and processes a Licensedlicensee Dietitian is permitted to undertake in thatany Statemember andstate thewill circumstances under which they may do so, as held by a court of competent jurisdiction, the Rules of the Compact Commission shall be ineffectiveavailable in that State to theany extentother ofmember thestate. conflict.

(C)g. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder.

RulesMember shallstates becomecontributing bindinginformation onto the daydata followingsystem adoptionmay ordesignate asinformation ofthat themay datenot specifiedbe inshared with the Rulepublic orwithout amendment,the whicheverexpress ispermission later.of the contributing state.

(D)h. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

(E)Any Rulesinformation shallsubmitted beto adoptedthe atdata asystem regularthat oris specialHouse meetingFile of532, thep. Compact Commission.

(F)20 Priorsubsequently toexpunged adoptionpursuant ofto afederal proposedlaw Rule,or the Compactlaws Commissionof shallthe holdmember astate publiccontributing hearingthe andinformation allowshall personsbe toremoved providefrom oralthe anddata writtensystem. comments, data, facts, opinions, and arguments.

(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 standard of review.

(1)b. The time, date, and location of the public hearing at which the Compact Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Compact Commission will consider and vote on the proposed Rule;

(2)The Ifrules of the hearingcompact iscommission heldshall viahave telecommunication,the videoforce conference,of orlaw otherin meanseach ofmember communication,state, provided, however, that where the Compactrules Commissionconflict shallwith includethe laws or regulations of a member state that relate to the mechanismprocedures, foractions, accessand processes a licensed dietitian is permitted to undertake in that state and the hearingcircumstances 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 Noticeextent of Proposedthe rulemaking;conflict.

(3)c. The text of the proposed Rule and the reason therefore;

(4)The Acompact requestcommission forshall commentsexercise onits rulemaking powers pursuant to the proposedcriteria Ruleset fromforth anyin interestedthis person;section and the rules adopted thereunder.

andRules (5)shall Thebecome mannerbinding on the day following adoption or as of the date specified in whichthe interestedrule personsor mayamendment, submitwhichever writtenis comments.later.

(I)d. All hearings will be recorded.

AIf copya majority of the recordinglegislatures andof allthe writtenmember commentsstates andrejects documentsa receivedrule or portion of a rule, by theenactment Compactof Commissiona statute or resolution in responsethe same manner used to adopt the proposedcompact Rulewithin shallfour beyears availableof tothe date of adoption of the public.rule, then such rule shall have no further force and effect in any member state.

(J)e. Nothing in this Section shall be construed as requiring a separate hearing on each Rule.

Rules mayshall be groupedadopted forat thea convenienceregular ofor thespecial Compactmeeting Commissionof atthe hearingscompact requiredcommission. by this Section.

(K)f. The Compact Commission shall, by majority vote of all members, take final action on the proposed Rule based on the rulemaking record and the full text of the Rule.

(1)Prior Theto Compactadoption Commissionof maya adoptproposed changesrule, to the proposedcompact Rulecommission providedshall thehold changesa dopublic nothearing enlargeand theallow originalpersons purposeto ofprovide theoral proposedand Rule.written comments, data, facts, opinions, and arguments.

(2)House TheFile Compact532, Commissionp. shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.

(3)21 Theg. 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 onecommission’s thatnotices mustof beproposed adoptedrulemaking. immediately in order to:

(1)(3) MeetIn ansuch imminentother threatway toas publicthe health,compact safety,commission ormay welfare;by rule specify.

(2)h. Prevent a loss of Compact Commission or Member State funds;

(3)The Meetnotice a deadline for the promulgation of aproposed Rulerulemaking thatshall isinclude establishedall byof federalthe lawfollowing: or rule;

or(1) (4)The Protecttime, date, and location of the public healthhearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date, and safety.location of the meeting where the compact commission will consider and vote on the proposed rule.

(M)(2) TheIf Compactthe Commissionhearing oris anheld authorizedvia committeetelecommunication, ofvideo theconference, Compactor Commissionother maymeans directof revisioncommunication, tothe acompact previouslycommission adoptedshall Ruleinclude forthe purposesmechanism offor correctingaccess typographicalto errors,the errorshearing in format,the errorsnotice inof consistency,proposed orrulemaking. grammatical errors.

Public(3) noticeThe text of anythe revisionproposed shallrule beand posted on the websitereason oftherefore. the Compact Commission.

The(4) revisionA shallrequest be subject to challenge by any person for acomments periodon ofthe thirtyproposed (30)rule daysfrom afterany posting.interested person.

(5) The revisionmanner may be challenged only on grounds that the revision results in awhich materialinterested changepersons tomay asubmit Rule.written comments.

Ai. challenge shall be made in writing and delivered to the Compact Commission prior to the end of the notice period.

IfAll nohearings challenge is made, the revision will takebe effectrecorded. without further action.

IfA thecopy revisionof isthe challenged,recording theand revisionall maywritten notcomments takeand effectdocuments withoutreceived by the approvalcompact ofcommission in response to the Compactproposed Commission.rule shall be available to the public.

(N)j. No Member State's rulemaking requirements shall apply under this Compact.

SECTIONNothing 11.in this subsection shall be construed as requiring a separate hearing on each rule.

OVERSIGHT,Rules DISPUTEmay RESOLUTION,be ANDgrouped ENFORCEMENT.for the convenience of the compact commission at hearings required by this section.

(A)k. Oversight.

(1) The executivecompact andcommission judicialshall, branchesby ofmajority Statevote governmentof inall eachmembers, Membertake Statefinal shallaction enforceon thisthe Compactproposed andrule takebased allon actionsthe necessaryrulemaking record and appropriatethe tofull implementtext thisof Compact.the rule.

HB0340a(1) -23-The HBcompact 340commission Newmay Textadopt Underlinedchanges [DELETEDto TEXT BRACKETED] 34-LS1476\A (2) Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Compactproposed CommissionHouse shallFile be532, broughtp. solely and exclusively in a court of competent jurisdiction where the principal office of the Compact Commission is located.

The22 Compactrule Commissionprovided maythe waivechanges venuedo andnot jurisdictionalenlarge defenses to the extentoriginal itpurpose adoptsof orthe consentsproposed torule. participate in alternative dispute resolution proceedings.

Nothing(2) hereinThe compact commission shall affectprovide oran limitexplanation of the selectionreasons orfor proprietysubstantive ofchanges venuemade into anythe actionproposed againstrule aas Licenseewell as reasons for professionalsubstantive malpractice,changes misconduct,not ormade anythat suchwere similarrecommended matter.by commenters.

(3) The Compactcompact Commissioncommission shall bedetermine entitleda toreasonable receiveeffective servicedate offor process in any proceeding regarding the enforcementrule. or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes.

FailureExcept tofor providean theemergency Compactas Commissionprovided servicein paragraph “l”, the effective date of processthe rule shall renderbe ano judgmentsooner orthan orderthirty voiddays asafter toissuing the Compactnotice Commission,that thisit Compact,adopted or promulgatedamended Rules.the rule.

(B)l. Default, Technical Assistance, and Termination.

(1)Upon Ifdetermination that an emergency exists, the Compactcompact Commissioncommission determinesmay consider and adopt an emergency rule with twenty-four hours’ notice, with opportunity to comment, provided that athe Memberusual Staterulemaking hasprocedures defaultedprovided in the performancecompact ofand itsin obligationsthis orsubsection responsibilitiesshall underbe thisretroactively Compactapplied orto the promulgatedrule Rules,as thesoon Compactas Commissionreasonably shallpossible, providein writtenno noticeevent tolater than ninety days after the defaultingeffective State.date of the rule.

TheFor notice of default shall describe the default,purposes the proposed means of curingthis theprovision, default,an andemergency anyrule otheris actionone that themust Compactbe Commissionadopted mayimmediately takein andorder shallto offerdo trainingany andof specific technical assistance regarding the default.following:

(2)(1) TheMeet Compactan Commissionimminent shallthreat provide a copy of the notice of default to thepublic otherhealth, Membersafety, States.or welfare.

(C)(2) IfPrevent a Stateloss in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of acompact majoritycommission ofor themember delegatesstate offunds. 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(3) cureMeet ofa thedeadline defaultfor does not relieve the offendingpromulgation State of obligationsa orrule liabilitiesthat incurredis duringestablished theby periodfederal oflaw default.or rule.

(D)(4) TerminationProtect ofpublic membershiphealth inand thesafety. Compact shall be imposed only after all other means of securing compliance have been exhausted.

Noticem. of intent to 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 minority leaders of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of the Member States' Licensing Authority.

(E)The Acompact Statecommission thator hasan beenauthorized terminatedcommittee isof responsiblethe forcompact allcommission assessments,may obligations,direct andrevision liabilitiesto incurreda throughpreviously theadopted effectiverule datefor purposes of termination,correcting includingtypographical obligationserrors, thaterrors extendin beyondformat, theerrors effectivein dateconsistency, ofor termination.grammatical errors.

(F)Public Uponnotice the termination of aany State'srevision membership from this Compact, that State shall immediatelybe provideposted noticeon tothe allinternet Licenseessite within that State of suchthe termination.compact commission.

The terminatedrevision State shall continuebe subject to recognizechallenge allby Compactany Privilegesperson granted pursuant to this Compact for a minimumperiod of sixthirty monthsdays after theposting. date of said notice of termination.

(G) The Compactrevision Commissionmay shallbe notchallenged bearonly anyon costsgrounds related to a State that is found to be in default or that has been terminated from the Compact,revision unlessresults agreed upon in writinga betweenmaterial thechange Compactto Commissiona andrule. the defaulting State.

(H)A Thechallenge defaultingshall Statebe maymade appealin thewriting actionand ofdelivered to the Compactcompact Commissioncommission byprior petitioningto the U.S.end of the notice period.

DistrictIf Courtno forchallenge theis Districtmade, of Columbia or the federalrevision districtwill wheretake theeffect Compactwithout CommissionHouse hasFile its532, principalp. offices.

The23 prevailingfurther partyaction. shall be awarded all costs of such litigation, including reasonable attorney's fees.

(I)If Disputethe Resolution.revision is challenged, the revision may not take effect without the approval of the compact commission.

(1)n. Upon request by a Member State, the Compact Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.

(2)No Themember Compactstate’s Commissionrulemaking requirements shall promulgateapply aunder Rulethis providingcompact. for both mediation and binding dispute resolution for disputes as appropriate.

(J)11. Enforcement.

(1)Oversight, Bydispute supermajorityresolution, 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 itsenforcement. promulgated Rules.

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 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 House File 532, p.

24 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 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 House File 532, p.

25 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 reasonable attorney'sattorney fees.

(3) No party other than a Membermember Statestate shall enforce this Compactcompact against the Compactcompact Commission.commission.

SECTION 12.

EFFECTIVEEffective DATE,date, WITHDRAWAL,withdrawal, ANDand AMENDMENT.amendment.

(A)a. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.

(1)The Oncompact or after the effective date of the Compact, the Compact Commission shall convenecome andinto revieweffect theon enactment of each of the firstdate sevenon Memberwhich States ("Charter Member States") to determine if the compact statute enacted by each such Charter Member State is materiallyenacted differentinto thanlaw in the modelseventh Compactmember statute.state.

(a)(1) AOn Charteror Memberafter Statethe whoseeffective enactmentdate isof foundthe tocompact, bethe materiallycompact differentcommission fromshall convene and review the modelenactment Compactof statuteeach shallof bethe entitledcharter member states to determine if the defaultstatute processenacted setby fortheach insuch Sectioncharter 11.member state is materially different than the model compact statute.

(b)House IfFile any532, Memberp. State is later found to be in default, or is terminated, or withdraws from the Compact, the Compact Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven.

(2)26 Member(a) StatesA enactingcharter themember Compactstate subsequentwhose toenactment theis sevenfound initialto 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 date on which the compact becomes law in that state.

(1)Any Arule Memberthat State'shas withdrawalbeen shallpreviously notadopted takeby effectthe untilcompact 180commission daysshall afterhave enactmentthe full force and effect of law on the repealingday statute.the compact becomes law in that state.

(2)b. Withdrawal shall not affect the continuing requirement of the withdrawing State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.

(3)Any Uponmember thestate enactmentmay ofwithdraw a statute withdrawing from this Compact,compact aby Stateenacting shalla immediatelystatute providerepealing noticethe ofcompact. such withdrawal to all Licensees within that State.

Notwithstanding(1) anyA subsequentmember statutorystate’s enactmentwithdrawal to the contrary, such withdrawing State shall continuenot totake recognizeeffect alluntil Compactone Privilegeshundred grantedeighty pursuant to this Compact for a minimum of 180 days after theenactment date of suchthe noticerepealing ofstatute. withdrawal.

(C)(2) NothingWithdrawal contained in this Compact shall benot construedaffect tothe invalidatecontinuing orrequirement preventof anythe licensurewithdrawing agreementstate’s orlicensing otherauthority cooperativeto arrangementcomply betweenwith athe Memberinvestigative State and aadverse non-Memberaction Statereporting thatrequirements doesof notthis conflictcompact withprior to the provisionseffective date of thiswithdrawal. Compact.

(D)(3) ThisUpon Compactthe mayenactment beof amendeda bystatute thewithdrawing Memberfrom States.this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state.

NoNotwithstanding amendmentHouse toFile this532, Compactp. shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION27 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 otherrequiring legalthe requirementspromulgation inof arules Membershall Statenot inbe conflictconstrued withto limit the Compactcompact arecommission’s supersededrulemaking toauthority thesolely extentfor ofthose thepurposes. conflict.

(C)b. All permissible agreements between the Compact Commission and the Member States are binding in accordance with their terms.

Sec.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.

08.38.210.c.

Application.Notwithstanding paragraph “b”, the compact commission may deny a state’s participation in the compact or, in accordance with the requirements of subsection 11, paragraph “b”, terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact.

AnOtherwise, applicantif forthis an initial compact privilege under AS 08.38.200 shall submit,be alongheld withto thebe application,contrary theto applicant's fingerprints and the feesconstitution required by the Department of Publicany SafetyHouse underFile HB532, 340p. -28- HB0340a New Text Underlined [DELETED TEXT BRACKETED] 34-LS1476\A AS 12.62.160 for criminal justice information and a national criminal history record check.