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HB 340: "An Act relating to the dietitian licensure compact; and providing for an effective date."

00 HOUSE BILL NO. 340 01 "An Act relating to the dietitian licensure compact; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.38.090 is amended by adding a new subsection to read: 04 (b) The department shall implement the Dietitian Licensure Compact under 05 AS 08.38.200. 06 * Sec. 2. AS 08.38 is amended by adding new sections to read: 07 Article 2. Dietitian Licensure Compact. 08 Sec. 08.38.200. Dietitian Licensure Compact enacted. The Dietitian 09 Licensure Compact as contained in this section is enacted into law and entered into on 10 behalf of the state with all other states and jurisdictions legally joining it in a form 11 substantially as follows: 12 SECTION 1. PURPOSE. 13 The purpose of this Compact is to facilitate interstate Practice of Dietetics with 14 the goal of improving public access to dietetics services. This Compact preserves the 15 regulatory authority of States to protect public health and safety through the current

01 system of State licensure, while also providing for licensure portability through a 02 Compact Privilege granted to qualifying professionals. 03 This Compact is designed to achieve the following objectives: 04 (A) Increase public access to dietetics services; 05 (B) Provide opportunities for interstate practice by Licensed Dietitians who 06 meet uniform requirements; 07 (C) Eliminate the necessity for Licenses in multiple States; 08 (D) Reduce administrative burden on Member States and Licensees; 09 (E) Enhance the States' ability to protect the public's health and safety; 10 (F) Encourage the cooperation of Member States in regulating multistate 11 practice of Licensed Dietitians; 12 (G) Support relocating Active Military Members and their spouses; 13 (H) Enhance the exchange of licensure, investigative, and disciplinary 14 information among Member States; and 15 (I) Vest all Member States with the authority to hold a Licensed Dietitian 16 accountable for meeting all State practice laws in the State in which the patient is 17 located at the time care is rendered. 18 SECTION 2. DEFINITIONS. 19 As used in this Compact, and except as otherwise provided, the following 20 definitions shall apply: 21 (A) "ACEND" means the Accreditation Council for Education in Nutrition 22 and Dietetics or its successor organization. 23 (B) "Active Military Member" means any individual with full-time duty status 24 in the active armed forces of the United States, including members of the National 25 Guard and Reserve. 26 (C) "Adverse Action" means any administrative, civil, equitable or criminal 27 action permitted by a State's laws which is imposed by a Licensing Authority or other 28 authority against a Licensee, including actions against an individual's License or 29 Compact Privilege such as revocation, suspension, probation, monitoring of the 30 Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure 31 affecting a Licensee's authorization to practice, including issuance of a cease and

01 desist action. 02 (D) "Alternative Program" means a non-disciplinary monitoring or practice 03 remediation process approved by a Licensing Authority. 04 (E) "Charter Member State" means any Member State which enacted this 05 Compact by law before the Effective Date specified in Section 12. 06 (F) "Continuing Education" means a requirement, as a condition of License 07 renewal, to provide evidence of participation in, and completion of, educational and 08 professional activities relevant to practice or area of work. 09 (G) "CDR" means the Commission on Dietetic Registration or its successor 10 organization. 11 (H) "Compact Commission" means the government agency whose 12 membership consists of all States that have enacted this Compact, which is known as 13 the Dietitian Licensure Compact Commission, as described in Section 8, and which 14 shall operate as an instrumentality of the Member States. 15 (I) "Compact Privilege" means a legal authorization, which is equivalent to a 16 License, permitting the Practice of Dietetics in a Remote State. 17 (J) "Current Significant Investigative Information" means: 18 (1) Investigative Information that a Licensing Authority, after a 19 preliminary inquiry that includes notification and an opportunity for the subject 20 Licensee to respond, if required by State law, has reason to believe is not groundless 21 and, if proved true, would indicate more than a minor infraction; or 22 (2) Investigative Information that indicates that the subject Licensee 23 represents an immediate threat to public health and safety regardless of whether the 24 subject Licensee has been notified and had an opportunity to respond. 25 (K) "Data System" means a repository of information about Licensees, 26 including, but not limited to, Continuing Education, examination, licensure, 27 investigative, Compact Privilege and Adverse Action information. 28 (L) "Encumbered License" means a License in which an Adverse Action 29 restricts a Licensee's ability to practice dietetics. 30 (M) "Encumbrance" means a revocation or suspension of, or any limitation on 31 a Licensee's full and unrestricted Practice of Dietetics by a Licensing Authority.

01 (N) "Executive Committee" means a group of delegates elected or appointed 02 to act on behalf of, and within the powers granted to them by, this Compact, and the 03 Compact Commission. 04 (O) "Home State" means the Member State that is the Licensee's primary State 05 of residence or that has been designated pursuant to Section 6. 06 (P) "Investigative Information" means information, records, and documents 07 received or generated by a Licensing Authority pursuant to an investigation. 08 (Q) "Jurisprudence Requirement" means an assessment of an individual's 09 knowledge of the State laws and regulations governing the Practice of Dietetics in 10 such State. 11 (R) "License" means an authorization from a Member State to either: 12 (1) Engage in the Practice of Dietetics (including medical nutrition 13 therapy); or 14 (2) Use the title "dietitian," "licensed dietitian," "licensed dietitian 15 nutritionist," "certified dietitian," or other title describing a substantially similar 16 practitioner as the Compact Commission may further define by Rule. 17 (S) "Licensee" or "Licensed Dietitian" means an individual who currently 18 holds a License and who meets all of the requirements outlined in Section 4. 19 (T) "Licensing Authority" means the board or agency of a State, or equivalent, 20 that is responsible for the licensing and regulation of the Practice of Dietetics. 21 (U) "Member State" means a State that has enacted the Compact. 22 (V) "Practice of Dietetics" means the synthesis and application of dietetics as 23 defined by state law and regulations, primarily for the provision of nutrition care 24 services, including medical nutrition therapy, in person or via telehealth, to prevent, 25 manage, or treat diseases or medical conditions and promote wellness. 26 (W) "Registered Dietitian" means a person who: 27 (1) Has completed applicable education, experience, examination, and 28 recertification requirements approved by CDR; 29 (2) Is credentialed by CDR as a registered dietitian or a registered 30 dietitian nutritionist; and 31 (3) Is legally authorized to use the title registered dietitian or registered

01 dietitian nutritionist and the corresponding abbreviations "RD" or "RDN." 02 (X) "Remote State" means a Member State other than the Home State, where a 03 Licensee is exercising or seeking to exercise a Compact Privilege. 04 (Y) "Rule" means a regulation promulgated by the Compact Commission that 05 has the force of law. 06 (Z) "Single State License" means a License issued by a Member State within 07 the issuing State and does not include a Compact Privilege in any other Member State. 08 (AA) "State" means any state, commonwealth, district, or territory of the 09 United States of America. 10 (BB) "Unencumbered License" means a License that authorizes a Licensee to 11 engage in the full and unrestricted Practice of Dietetics. 12 SECTION 3. STATE PARTICIPATION IN THE COMPACT. 13 (A) To participate in the Compact, a State must currently: 14 (1) License and regulate the Practice of Dietetics; and 15 (2) Have a mechanism in place for receiving and investigating 16 complaints about Licensees. 17 (B) A Member State shall: 18 (1) Participate fully in the Compact Commission's Data System, 19 including using the unique identifier as defined in Rules; 20 (2) Notify the Compact Commission, in compliance with the terms of 21 the Compact and Rules, of any Adverse Action or the availability of Current 22 Significant Investigative Information regarding a Licensee; 23 (3) Implement or utilize procedures for considering the criminal 24 history record information of applicants for an initial Compact Privilege. These 25 procedures shall include the submission of fingerprints or other biometric-based 26 information by applicants for the purpose of obtaining an applicant's criminal history 27 record information from the Federal Bureau of Investigation and the agency 28 responsible for retaining that State's criminal records; 29 (a) A Member State must fully implement a criminal history 30 record information requirement, within a time frame established by Rule, 31 which includes receiving the results of the Federal Bureau of Investigation

01 record search and shall use those results in determining Compact Privilege 02 eligibility. 03 (b) Communication between a Member State and the Compact 04 Commission or among Member States regarding the verification of eligibility 05 for a Compact Privilege shall not include any information received from the 06 Federal Bureau of Investigation relating to a federal criminal history record 07 information check performed by a Member State. 08 (4) Comply with and enforce the Rules of the Compact Commission; 09 (5) Require an applicant for a Compact Privilege to obtain or retain a 10 License in the Licensee's Home State and meet the Home State's qualifications for 11 licensure or renewal of licensure, as well as all other applicable State laws; and 12 (6) Recognize a Compact Privilege granted to a Licensee who meets 13 all of the requirements outlined in Section 4 in accordance with the terms of the 14 Compact and Rules. 15 (C) Member States may set and collect a fee for granting a Compact Privilege. 16 (D) Individuals not residing in a Member State shall continue to be able to 17 apply for a Member State's Single State License as provided under the laws of each 18 Member State. However, the Single State License granted to these individuals shall 19 not be recognized as granting a Compact Privilege to engage in the Practice of 20 Dietetics in any other Member State. 21 (E) Nothing in this Compact shall affect the requirements established by a 22 Member State for the issuance of a Single State License. 23 (F) At no point shall the Compact Commission have the power to define the 24 requirements for the issuance of a Single State License to practice dietetics. The 25 Member States shall retain sole jurisdiction over the provision of these requirements. 26 SECTION 4. COMPACT PRIVILEGE. 27 (A) To exercise the Compact Privilege under the terms and provisions of the 28 Compact, the Licensee shall: 29 (1) Satisfy one of the following: 30 (a) Hold a valid current registration that gives the applicant the 31 right to use the term Registered Dietitian; or

01 (b) Complete all of the following: 02 (i) An education program which is either: 03 (a) A master's degree or doctoral degree that is 04 programmatically accredited by (i) ACEND; or (ii) a dietetics 05 accrediting agency recognized by the United States Department 06 of Education, which the Compact Commission may by Rule 07 determine, and from a college or university accredited at the 08 time of graduation by the appropriate regional accrediting 09 agency recognized by the Council on Higher Education 10 Accreditation and the United States Department of Education; 11 (b) An academic degree from a college or 12 university in a foreign country equivalent to the degree 13 described in subparagraph (a) that is programmatically 14 accredited by (i) ACEND; or (ii) a dietetics accrediting agency 15 recognized by the United States Department of Education, 16 which the Compact Commission may by Rule determine; 17 (ii) A planned, documented, supervised practice 18 experience in dietetics that is programmatically accredited by (i) ACEND, or 19 (ii) a dietetics accrediting agency recognized by the United States Department 20 of Education which the Compact Commission may by Rule determine and 21 which involves at least 1000 hours of practice experience under the supervision 22 of a Registered Dietitian or a Licensed Dietitian; 23 (iii) Successful completion of either: (i) the Registration 24 Examination for Dietitians administered by CDR, or (ii) a national 25 credentialing examination for dietitians approved by the Compact Commission 26 by Rule; such completion being no more than five years prior to the date of the 27 Licensee's application for initial licensure and accompanied by a period of 28 continuous licensure thereafter, all of which may be further governed by the 29 Rules of the Compact Commission; 30 (2) Hold an Unencumbered License in the Home State; 31 (3) Notify the Compact Commission that the Licensee is seeking a

01 Compact Privilege within a Remote State(s); 02 (4) Pay any applicable fees, including any State fee, for the Compact 03 Privilege; 04 (5) Meet any Jurisprudence Requirements established by the Remote 05 State(s) in which the Licensee is seeking a Compact Privilege; and 06 (6) Report to the Compact Commission any Adverse Action, 07 Encumbrance, or restriction on a License taken by any non-Member State within 30 08 days from the date the action is taken. 09 (B) The Compact Privilege is valid until the expiration date of the Home State 10 License. To maintain a Compact Privilege, renewal of the Compact Privilege shall be 11 congruent with the renewal of the Home State License as the Compact Commission 12 may define by Rule. The Licensee must comply with the requirements of Section 4(A) 13 to maintain the Compact Privilege in the Remote State(s). 14 (C) A Licensee exercising a Compact Privilege shall adhere to the laws and 15 regulations of the Remote State. Licensees shall be responsible for educating 16 themselves on, and complying with, any and all State laws relating to the Practice of 17 Dietetics in such Remote State. 18 (D) Notwithstanding anything to the contrary provided in this Compact or 19 State law, a Licensee exercising a Compact Privilege shall not be required to complete 20 Continuing Education Requirements required by a Remote State. A Licensee 21 exercising a Compact Privilege is only required to meet any Continuing Education 22 Requirements as required by the Home State. 23 SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT 24 PRIVILEGE. 25 (A) A Licensee may hold a Home State License, which allows for a Compact 26 Privilege in other Member States, in only one Member State at a time. 27 (B) If a Licensee changes Home State by moving between two Member 28 States: 29 (1) The Licensee shall file an application for obtaining a new Home 30 State License based on a Compact Privilege, pay all applicable fees, and notify the 31 current and new Home State in accordance with the Rules of the Compact

01 Commission. 02 (2) Upon receipt of an application for obtaining a new Home State 03 License by virtue of a Compact Privilege, the new Home State shall verify that the 04 Licensee meets the criteria in Section 4 via the Data System, and require that the 05 Licensee complete the following: 06 (a) Federal Bureau of Investigation fingerprint based criminal 07 history record information check; 08 (b) Any other criminal history record information required by 09 the new Home State; and 10 (c) Any Jurisprudence Requirements of the new Home State. 11 (3) The former Home State shall convert the former Home State 12 License into a Compact Privilege once the new Home State has activated the new 13 Home State License in accordance with applicable Rules adopted by the Compact 14 Commission. 15 (4) Notwithstanding any other provision of this Compact, if the 16 Licensee cannot meet the criteria in Section 4, the new Home State may apply its 17 requirements for issuing a new Single State License. 18 (5) The Licensee shall pay all applicable fees to the new Home State in 19 order to be issued a new Home State License. 20 (C) If a Licensee changes their State of residence by moving from a Member 21 State to a non-Member State, or from a non-Member State to a Member State, the 22 State criteria shall apply for issuance of a Single State License in the new State. 23 (D) Nothing in this Compact shall interfere with a Licensee's ability to hold a 24 Single State License in multiple States; however, for the purposes of this Compact, a 25 Licensee shall have only one Home State License. 26 (E) Nothing in this Compact shall affect the requirements established by a 27 Member State for the issuance of a Single State License. 28 SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES. 29 An Active Military Member, or their spouse, shall designate a Home State 30 where the individual has a current License in good standing. The individual may retain 31 the Home State designation during the period the service member is on active duty.

01 SECTION 7. ADVERSE ACTIONS. 02 (A) In addition to the other powers conferred by State law, a Remote State 03 shall have the authority, in accordance with existing State due process law, to: 04 (1) Take Adverse Action against a Licensee's Compact Privilege 05 within that Member State; and 06 (2) Issue subpoenas for both hearings and investigations that require 07 the attendance and testimony of witnesses as well as the production of evidence. 08 Subpoenas issued by a Licensing Authority in a Member State for the attendance and 09 testimony of witnesses or the production of evidence from another Member State shall 10 be enforced in the latter State by any court of competent jurisdiction, according to the 11 practice and procedure applicable to subpoenas issued in proceedings pending before 12 that court. The issuing authority shall pay any witness fees, travel expenses, mileage, 13 and other fees required by the service statutes of the State in which the witnesses or 14 evidence are located. 15 (B) Only the Home State shall have the power to take Adverse Action against 16 a Licensee's Home State License. 17 (C) For purposes of taking Adverse Action, the Home State shall give the 18 same priority and effect to reported conduct received from a Member State as it would 19 if the conduct had occurred within the Home State. In so doing, the Home State shall 20 apply its own State laws to determine appropriate action. 21 (D) The Home State shall complete any pending investigations of a Licensee 22 who changes Home States during the course of the investigations. The Home State 23 shall also have authority to take appropriate action(s) and shall promptly report the 24 conclusions of the investigations to the administrator of the Data System. The 25 administrator of the Data System shall promptly notify the new Home State of any 26 Adverse Actions. 27 (E) A Member State, if otherwise permitted by State law, may recover from 28 the affected Licensee the costs of investigations and dispositions of cases resulting 29 from any Adverse Action taken against that Licensee. 30 (F) A Member State may take Adverse Action based on the factual findings of 31 another Remote State, provided that the Member State follows its own procedures for

01 taking the Adverse Action. 02 (G) Joint Investigations: 03 (1) In addition to the authority granted to a Member State by its 04 respective State law, any Member State may participate with other Member States in 05 joint investigations of Licensees. 06 (2) Member States shall share any investigative, litigation, or 07 compliance materials in furtherance of any joint investigation initiated under the 08 Compact. 09 (H) If Adverse Action is taken by the Home State against a Licensee's Home 10 State License resulting in an Encumbrance on the Home State License, the Licensee's 11 Compact Privilege(s) in all other Member States shall be revoked until all 12 Encumbrances have been removed from the Home State License. All Home State 13 disciplinary orders that impose Adverse Action against a Licensee shall include a 14 statement that the Licensee's Compact Privileges are revoked in all Member States 15 during the pendency of the order. 16 (I) Once an Encumbered License in the Home State is restored to an 17 Unencumbered License (as certified by the Home State's Licensing Authority), the 18 Licensee must meet the requirements of Section 4(A) and follow the administrative 19 requirements to reapply to obtain a Compact Privilege in any Remote State. 20 (J) If a Member State takes Adverse Action, it shall promptly notify the 21 administrator of the Data System. The administrator of the Data System shall promptly 22 notify the other Member States of any Adverse Actions. 23 (K) Nothing in this Compact shall override a Member State's decision that 24 participation in an Alternative Program may be used in lieu of Adverse Action. 25 SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT 26 COMMISSION. 27 (A) The Compact Member States hereby create and establish a joint 28 government agency whose membership consists of all Member States that have 29 enacted the Compact known as the Dietitian Licensure Compact Commission. The 30 Compact Commission is an instrumentality of the Compact States acting jointly and 31 not an instrumentality of any one State. The Compact Commission shall come into

01 existence on or after the effective date of the Compact as set forth in Section 12. 02 (B) Membership, Voting, and Meetings. 03 (1) Each Member State shall have and be limited to one (1) delegate 04 selected by that Member State's Licensing Authority. 05 (2) The delegate shall be the primary administrator of the Licensing 06 Authority or their designee. 07 (3) The Compact Commission shall by Rule or bylaw establish a term 08 of office for delegates and may by Rule or bylaw establish term limits. 09 (4) The Compact Commission may recommend removal or suspension 10 of any delegate from office. 11 (5) A Member State's Licensing Authority shall fill any vacancy of its 12 delegate occurring on the Compact Commission within 60 days of the vacancy. 13 (6) Each delegate shall be entitled to one vote on all matters before the 14 Compact Commission requiring a vote by the delegates. 15 (7) Delegates shall meet and vote by such means as set forth in the 16 bylaws. The bylaws may provide for delegates to meet and vote in-person or by 17 telecommunication, video conference, or other means of communication. 18 (8) The Compact Commission shall meet at least once during each 19 calendar year. Additional meetings may be held as set forth in the bylaws. The 20 Compact Commission may meet in person or by telecommunication, video 21 conference, or other means of communication. 22 (C) The Compact Commission shall have the following powers: 23 (1) Establish the fiscal year of the Compact Commission; 24 (2) Establish code of conduct and conflict of interest policies; 25 (3) Establish and amend Rules and bylaws; 26 (4) Maintain its financial records in accordance with the bylaws; 27 (5) Meet and take such actions as are consistent with the provisions of 28 this Compact, the Compact Commission's Rules, and the bylaws; 29 (6) Initiate and conclude legal proceedings or actions in the name of 30 the Compact Commission, provided that the standing of any Licensing Authority to 31 sue or be sued under applicable law shall not be affected;

01 (7) Maintain and certify records and information provided to a 02 Member State as the authenticated business records of the Compact Commission, and 03 designate an agent to do so on the Compact Commission's behalf; 04 (8) Purchase and maintain insurance and bonds; 05 (9) Borrow, accept, or contract for services of personnel, including, but 06 not limited to, employees of a Member State; 07 (10) Conduct an annual financial review; 08 (11) Hire employees, elect or appoint officers, fix compensation, 09 define duties, grant such individuals appropriate authority to carry out the purposes of 10 the Compact, and establish the Compact Commission's personnel policies and 11 programs relating to conflicts of interest, qualifications of personnel, and other related 12 personnel matters; 13 (12) Assess and collect fees; 14 (13) Accept any and all appropriate donations, grants of money, other 15 sources of revenue, equipment, supplies, materials, services, and gifts, and receive, 16 utilize, and dispose of the same; provided that at all times the Compact Commission 17 shall avoid any actual or appearance of impropriety or conflict of interest; 18 (14) Lease, purchase, retain, own, hold, improve, or use any property, 19 real, personal, or mixed, or any undivided interest therein; 20 (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 21 otherwise dispose of any property real, personal, or mixed; 22 (16) Establish a budget and make expenditures; 23 (17) Borrow money; 24 (18) Appoint committees, including standing committees, composed of 25 members, State regulators, State legislators or their representatives, and consumer 26 representatives, and such other interested persons as may be designated in this 27 Compact or the bylaws; 28 (19) Provide and receive information from, and cooperate with, law 29 enforcement agencies; 30 (20) Establish and elect an Executive Committee, including a chair and 31 a vice chair;

01 (21) Determine whether a State's adopted language is materially 02 different from the model compact language such that the State would not qualify for 03 participation in the Compact; and 04 (22) Perform such other functions as may be necessary or appropriate 05 to achieve the purposes of this Compact. 06 (D) The Executive Committee. 07 (1) The Executive Committee shall have the power to act on behalf of 08 the Compact Commission according to the terms of this Compact. The powers, duties, 09 and responsibilities of the Executive Committee shall include: 10 (a) Oversee the day-to-day activities of the administration of 11 the Compact including enforcement and compliance with the provisions of the 12 Compact, its Rules and bylaws, and other such duties as deemed necessary; 13 (b) Recommend to the Compact Commission changes to the 14 Rules or bylaws, changes to this Compact legislation, fees charged to Compact 15 Member States, fees charged to Licensees, and other fees; 16 (c) Ensure Compact administration services are appropriately 17 provided, including by contract; 18 (d) Prepare and recommend the budget; 19 (e) Maintain financial records on behalf of the Compact 20 Commission; 21 (f) Monitor Compact compliance of Member States and 22 provide compliance reports to the Compact Commission; 23 (g) Establish additional committees as necessary; 24 (h) Exercise the powers and duties of the Compact Commission 25 during the interim between Compact Commission meetings, except for 26 adopting or amending Rules, adopting or amending bylaws, and exercising any 27 other powers and duties expressly reserved to the Compact Commission by 28 Rule or bylaw; and 29 (i) Other duties as provided in the Rules or bylaws of the 30 Compact Commission. 31 (2) The Executive Committee shall be composed of nine members:

01 (a) The chair and vice chair of the Compact Commission shall 02 be voting members of the Executive Committee; 03 (b) Five voting members from the current membership of the 04 Compact Commission, elected by the Compact Commission; 05 (c) One ex-officio, nonvoting member from a recognized 06 professional association representing dietitians; and 07 (d) One ex-officio, nonvoting member from a recognized 08 national credentialing organization for dietitians. 09 (3) The Compact Commission may remove any member of the 10 Executive Committee as provided in the Compact Commission's bylaws. 11 (4) The Executive Committee shall meet at least annually. 12 (a) Executive Committee meetings shall be open to the public, 13 except that the Executive Committee may meet in a closed, non-public meeting 14 as provided in subsection (F)(2). 15 (b) The Executive Committee shall give 30 days' notice of its 16 meetings, posted on the website of the Compact Commission and as 17 determined to provide notice to persons with an interest in the business of the 18 Compact Commission. 19 (c) The Executive Committee may hold a special meeting in 20 accordance with subsection (F)(1)(b). 21 (E) The Compact Commission shall adopt and provide to the Member States 22 an annual report. 23 (F) Meetings of the Compact Commission. 24 (1) All meetings shall be open to the public, except that the Compact 25 Commission may meet in a closed, non-public meeting as provided in subsection 26 (F)(2). 27 (a) Public notice for all meetings of the full Compact 28 Commission shall be given in the same manner as required under the 29 rulemaking provisions in Section 10, except that the Compact Commission 30 may hold a special meeting as provided in subsection (F)(1)(b). 31 (b) The Compact Commission may hold a special meeting

01 when it must meet to conduct emergency business by giving 24 hours' notice to 02 all Member States, on the Compact Commission's website, and other means as 03 provided in the Compact Commission's Rules. The Compact Commission's 04 legal counsel shall certify that the Compact Commission's need to meet 05 qualifies as an emergency. 06 (2) The Compact Commission or the Executive Committee or other 07 committees of the Compact Commission may convene in a closed, non-public meeting 08 for the Compact Commission or Executive Committee or other committees of the 09 Compact Commission to receive legal advice or to discuss: 10 (a) Non-compliance of a Member State with its obligations 11 under the Compact; 12 (b) The employment, compensation, discipline, or other 13 matters, practices, or procedures related to specific employees; 14 (c) Current or threatened discipline of a Licensee by the 15 Compact Commission or by a Member State's Licensing Authority; 16 (d) Current, threatened, or reasonably anticipated litigation; 17 (e) Negotiation of contracts for the purchase, lease, or sale of 18 goods, services, or real estate; 19 (f) Accusing any person of a crime or formally censuring any 20 person; 21 (g) Trade secrets or commercial or financial information that is 22 privileged or confidential; 23 (h) Information of a personal nature where disclosure would 24 constitute a clearly unwarranted invasion of personal privacy; 25 (i) Investigative records compiled for law enforcement 26 purposes; 27 (j) Information related to any investigative reports prepared by 28 or on behalf of or for use of the Compact Commission or other committee 29 charged with responsibility of investigation or determination of compliance 30 issues pursuant to the Compact; 31 (k) Matters specifically exempted from disclosure by federal or

01 Member State law; or 02 (l) Other matters as specified in the Rules of the Compact 03 Commission. 04 (3) If a meeting, or portion of a meeting, is closed, the presiding officer 05 shall state that the meeting will be closed and reference each relevant exempting 06 provision, and such reference shall be recorded in the minutes. 07 (4) The Compact Commission shall keep minutes that fully and clearly 08 describe all matters discussed in a meeting and shall provide a full and accurate 09 summary of actions taken, and the reasons therefore, including a description of the 10 views expressed. All documents considered in connection with an action shall be 11 identified in such minutes. All minutes and documents of a closed meeting shall 12 remain under seal, subject to release only by a majority vote of the Compact 13 Commission or order of a court of competent jurisdiction. 14 (G) Financing of the Compact Commission. 15 (1) The Compact Commission shall pay, or provide for the payment of, 16 the reasonable expenses of its establishment, organization, and ongoing activities. 17 (2) The Compact Commission may accept any and all appropriate 18 revenue sources as provided in subsection (C)(13). 19 (3) The Compact Commission may levy on and collect an annual 20 assessment from each Member State and impose fees on Licensees of Member States 21 to whom it grants a Compact Privilege to cover the cost of the operations and activities 22 of the Compact Commission and its staff, which must, in a total amount, be sufficient 23 to cover its annual budget as approved each year for which revenue is not provided by 24 other sources. The aggregate annual assessment amount for Member States shall be 25 allocated based upon a formula that the Compact Commission shall promulgate by 26 Rule. 27 (4) The Compact Commission shall not incur obligations of any kind 28 prior to securing the funds adequate to meet the same; nor shall the Compact 29 Commission pledge the credit of any of the Member States, except by and with the 30 authority of the Member State. 31 (5) The Compact Commission shall keep accurate accounts of all

01 receipts and disbursements. The receipts and disbursements of the Compact 02 Commission shall be subject to the financial review and accounting procedures 03 established under its bylaws. However, all receipts and disbursements of funds 04 handled by the Compact Commission shall be subject to an annual financial review by 05 a certified or licensed public accountant, and the report of the financial review shall be 06 included in and become part of the annual report of the Compact Commission. 07 (H) Qualified Immunity, Defense, and Indemnification. 08 (1) The members, officers, executive director, employees and 09 representatives of the Compact Commission shall be immune from suit and liability, 10 both personally and in their official capacity, for any claim for damage to or loss of 11 property or personal injury or other civil liability caused by or arising out of any actual 12 or alleged act, error, or omission that occurred, or that the person against whom the 13 claim is made had a reasonable basis for believing occurred within the scope of 14 Compact Commission employment, duties, or responsibilities; provided that nothing 15 in this paragraph shall be construed to protect any such person from suit or liability for 16 any damage, loss, injury, or liability caused by the intentional or willful or wanton 17 misconduct of that person. The procurement of insurance of any type by the Compact 18 Commission shall not in any way compromise or limit the immunity granted 19 hereunder. 20 (2) The Compact Commission shall defend any member, officer, 21 executive director, employee, and representative of the Compact Commission in any 22 civil action seeking to impose liability arising out of any actual or alleged act, error, or 23 omission that occurred within the scope of Compact Commission employment, duties, 24 or responsibilities, or as determined by the Compact Commission that the person 25 against whom the claim is made had a reasonable basis for believing occurred within 26 the scope of Compact Commission employment, duties, or responsibilities; provided 27 that nothing herein shall be construed to prohibit that person from retaining their own 28 counsel at their own expense; and provided further, that the actual or alleged act, error, 29 or omission did not result from that person's intentional or willful or wanton 30 misconduct. 31 (3) The Compact Commission shall indemnify and hold harmless any

01 member, officer, executive director, employee, and representative of the Compact 02 Commission for the amount of any settlement or judgment obtained against that 03 person arising out of any actual or alleged act, error, or omission that occurred within 04 the scope of Compact Commission employment, duties, or responsibilities, or that 05 such person had a reasonable basis for believing occurred within the scope of Compact 06 Commission employment, duties, or responsibilities, provided that the actual or 07 alleged act, error, or omission did not result from the intentional or willful or wanton 08 misconduct of that person. 09 (4) Nothing herein shall be construed as a limitation on the liability of 10 any Licensee for professional malpractice or misconduct, which shall be governed 11 solely by any other applicable State laws. 12 (5) Nothing in this Compact shall be interpreted to waive or otherwise 13 abrogate a Member State's state action immunity or state action affirmative defense 14 with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State 15 or federal antitrust or anticompetitive law or regulation. 16 (6) Nothing in this Compact shall be construed to be a waiver of 17 sovereign immunity by the Member States or by the Compact Commission. 18 SECTION 9. DATA SYSTEM. 19 (A) The Compact Commission shall provide for the development, 20 maintenance, operation, and utilization of a coordinated Data System. 21 (B) The Compact Commission shall assign each applicant for a Compact 22 Privilege a unique identifier, as determined by the Rules. 23 (C) Notwithstanding any other provision of State law to the contrary, a 24 Member State shall submit a uniform data set to the Data System on all individuals to 25 whom this Compact is applicable as required by the Rules of the Compact 26 Commission, including: 27 (1) Identifying information; 28 (2) Licensure data; 29 (3) Adverse Actions against a License or Compact Privilege and 30 information related thereto; 31 (4) Non-confidential information related to Alternative Program

01 participation, the beginning and ending dates of such participation, and other 02 information related to such participation not made confidential under Member State 03 law; 04 (5) Any denial of application for licensure, and the reason(s) for such 05 denial; 06 (6) The presence of Current Significant Investigative Information; and 07 (7) Other information that may facilitate the administration of this 08 Compact or the protection of the public, as determined by the Rules of the Compact 09 Commission. 10 (D) The records and information provided to a Member State pursuant to this 11 Compact or through the Data System, when certified by the Compact Commission or 12 an agent thereof, shall constitute the authenticated business records of the Compact 13 Commission, and shall be entitled to any associated hearsay exception in any relevant 14 judicial, quasi-judicial, or administrative proceedings in a Member State. 15 (E) Current Significant Investigative Information pertaining to a Licensee in 16 any Member State will only be available to other Member States. 17 (F) It is the responsibility of the Member States to report any Adverse Action 18 against a Licensee and to monitor the Data System to determine whether any Adverse 19 Action has been taken against a Licensee. Adverse Action information pertaining to a 20 Licensee in any Member State will be available to any other Member State. 21 (G) Member States contributing information to the Data System may 22 designate information that may not be shared with the public without the express 23 permission of the contributing State. 24 (H) Any information submitted to the Data System that is subsequently 25 expunged pursuant to federal law or the laws of the Member State contributing the 26 information shall be removed from the Data System. 27 SECTION 10. RULEMAKING. 28 (A) The Compact Commission shall promulgate reasonable Rules in order to 29 effectively and efficiently implement and administer the purposes and provisions of 30 the Compact. A Rule shall be invalid and have no force or effect only if a court of 31 competent jurisdiction holds that the Rule is invalid because the Compact Commission

01 exercised its rulemaking authority in a manner that is beyond the scope and purposes 02 of the Compact, or the powers granted hereunder, or based upon another applicable 03 standard of review. 04 (B) The Rules of the Compact Commission shall have the force of law in each 05 Member State, provided however that where the Rules conflict with the laws or 06 regulations of a Member State that relate to the procedures, actions, and processes a 07 Licensed Dietitian is permitted to undertake in that State and the circumstances under 08 which they may do so, as held by a court of competent jurisdiction, the Rules of the 09 Compact Commission shall be ineffective in that State to the extent of the conflict. 10 (C) The Compact Commission shall exercise its rulemaking powers pursuant 11 to the criteria set forth in this Section and the Rules adopted thereunder. Rules shall 12 become binding on the day following adoption or as of the date specified in the Rule 13 or amendment, whichever is later. 14 (D) If a majority of the legislatures of the Member States rejects a Rule or 15 portion of a Rule, by enactment of a statute or resolution in the same manner used to 16 adopt the Compact within four (4) years of the date of adoption of the Rule, then such 17 Rule shall have no further force and effect in any Member State. 18 (E) Rules shall be adopted at a regular or special meeting of the Compact 19 Commission. 20 (F) Prior to adoption of a proposed Rule, the Compact Commission shall hold 21 a public hearing and allow persons to provide oral and written comments, data, facts, 22 opinions, and arguments. 23 (G) Prior to adoption of a proposed Rule by the Compact Commission, and at 24 least thirty (30) days in advance of the meeting at which the Compact Commission 25 will hold a public hearing on the proposed Rule, the Compact Commission shall 26 provide a Notice of Proposed rulemaking: 27 (1) On the website of the Compact Commission or other publicly 28 accessible platform; 29 (2) To persons who have requested notice of the Compact 30 Commission's notices of proposed rulemaking; and 31 (3) In such other way(s) as the Compact Commission may by Rule

01 specify. 02 (H) The Notice of Proposed rulemaking shall include: 03 (1) The time, date, and location of the public hearing at which the 04 Compact Commission will hear public comments on the proposed Rule and, if 05 different, the time, date, and location of the meeting where the Compact Commission 06 will consider and vote on the proposed Rule; 07 (2) If the hearing is held via telecommunication, video conference, or 08 other means of communication, the Compact Commission shall include the 09 mechanism for access to the hearing in the Notice of Proposed rulemaking; 10 (3) The text of the proposed Rule and the reason therefore; 11 (4) A request for comments on the proposed Rule from any interested 12 person; and 13 (5) The manner in which interested persons may submit written 14 comments. 15 (I) All hearings will be recorded. A copy of the recording and all written 16 comments and documents received by the Compact Commission in response to the 17 proposed Rule shall be available to the public. 18 (J) Nothing in this Section shall be construed as requiring a separate hearing 19 on each Rule. Rules may be grouped for the convenience of the Compact Commission 20 at hearings required by this Section. 21 (K) The Compact Commission shall, by majority vote of all members, take 22 final action on the proposed Rule based on the rulemaking record and the full text of 23 the Rule. 24 (1) The Compact Commission may adopt changes to the proposed 25 Rule provided the changes do not enlarge the original purpose of the proposed Rule. 26 (2) The Compact Commission shall provide an explanation of the 27 reasons for substantive changes made to the proposed Rule as well as reasons for 28 substantive changes not made that were recommended by commenters. 29 (3) The Compact Commission shall determine a reasonable effective 30 date for the Rule. Except for an emergency as provided in Section 10(L), the effective 31 date of the Rule shall be no sooner than thirty (30) days after issuing the notice that it

01 adopted or amended the Rule. 02 (L) Upon determination that an emergency exists, the Compact Commission 03 may consider and adopt an emergency Rule with 24 hours' notice, with opportunity to 04 comment, provided that the usual rulemaking procedures provided in the Compact and 05 in this Section shall be retroactively applied to the Rule as soon as reasonably 06 possible, in no event later than ninety (90) days after the effective date of the Rule. For 07 the purposes of this provision, an emergency Rule is one that must be adopted 08 immediately in order to: 09 (1) Meet an imminent threat to public health, safety, or welfare; 10 (2) Prevent a loss of Compact Commission or Member State funds; 11 (3) Meet a deadline for the promulgation of a Rule that is established 12 by federal law or rule; or 13 (4) Protect public health and safety. 14 (M) The Compact Commission or an authorized committee of the Compact 15 Commission may direct revision to a previously adopted Rule for purposes of 16 correcting typographical errors, errors in format, errors in consistency, or grammatical 17 errors. Public notice of any revision shall be posted on the website of the Compact 18 Commission. The revision shall be subject to challenge by any person for a period of 19 thirty (30) days after posting. The revision may be challenged only on grounds that the 20 revision results in a material change to a Rule. A challenge shall be made in writing 21 and delivered to the Compact Commission prior to the end of the notice period. If no 22 challenge is made, the revision will take effect without further action. If the revision is 23 challenged, the revision may not take effect without the approval of the Compact 24 Commission. 25 (N) No Member State's rulemaking requirements shall apply under this 26 Compact. 27 SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 28 (A) Oversight. 29 (1) The executive and judicial branches of State government in each 30 Member State shall enforce this Compact and take all actions necessary and 31 appropriate to implement this Compact.

01 (2) Except as otherwise provided in this Compact, venue is proper and 02 judicial proceedings by or against the Compact Commission shall be brought solely 03 and exclusively in a court of competent jurisdiction where the principal office of the 04 Compact Commission is located. The Compact Commission may waive venue and 05 jurisdictional defenses to the extent it adopts or consents to participate in alternative 06 dispute resolution proceedings. Nothing herein shall affect or limit the selection or 07 propriety of venue in any action against a Licensee for professional malpractice, 08 misconduct, or any such similar matter. 09 (3) The Compact Commission shall be entitled to receive service of 10 process in any proceeding regarding the enforcement or interpretation of the Compact 11 and shall have standing to intervene in such a proceeding for all purposes. Failure to 12 provide the Compact Commission service of process shall render a judgment or order 13 void as to the Compact Commission, this Compact, or promulgated Rules. 14 (B) Default, Technical Assistance, and Termination. 15 (1) If the Compact Commission determines that a Member State has 16 defaulted in the performance of its obligations or responsibilities under this Compact 17 or the promulgated Rules, the Compact Commission shall provide written notice to the 18 defaulting State. The notice of default shall describe the default, the proposed means 19 of curing the default, and any other action that the Compact Commission may take and 20 shall offer training and specific technical assistance regarding the default. 21 (2) The Compact Commission shall provide a copy of the notice of 22 default to the other Member States. 23 (C) If a State in default fails to cure the default, the defaulting State may be 24 terminated from the Compact upon an affirmative vote of a majority of the delegates 25 of the Member States, and all rights, privileges, and benefits conferred on that State by 26 this Compact may be terminated on the effective date of termination. A cure of the 27 default does not relieve the offending State of obligations or liabilities incurred during 28 the period of default. 29 (D) Termination of membership in the Compact shall be imposed only after all 30 other means of securing compliance have been exhausted. Notice of intent to suspend 31 or terminate shall be given by the Compact Commission to the governor, the majority

01 and minority leaders of the defaulting State's legislature, the defaulting State's 02 Licensing Authority, and each of the Member States' Licensing Authority. 03 (E) A State that has been terminated is responsible for all assessments, 04 obligations, and liabilities incurred through the effective date of termination, including 05 obligations that extend beyond the effective date of termination. 06 (F) Upon the termination of a State's membership from this Compact, that 07 State shall immediately provide notice to all Licensees within that State of such 08 termination. The terminated State shall continue to recognize all Compact Privileges 09 granted pursuant to this Compact for a minimum of six months after the date of said 10 notice of termination. 11 (G) The Compact Commission shall not bear any costs related to a State that is 12 found to be in default or that has been terminated from the Compact, unless agreed 13 upon in writing between the Compact Commission and the defaulting State. 14 (H) The defaulting State may appeal the action of the Compact Commission 15 by petitioning the U.S. District Court for the District of Columbia or the federal 16 district where the Compact Commission has its principal offices. The prevailing party 17 shall be awarded all costs of such litigation, including reasonable attorney's fees. 18 (I) Dispute Resolution. 19 (1) Upon request by a Member State, the Compact Commission shall 20 attempt to resolve disputes related to the Compact that arise among Member States 21 and between Member and non-Member States. 22 (2) The Compact Commission shall promulgate a Rule providing for 23 both mediation and binding dispute resolution for disputes as appropriate. 24 (J) Enforcement. 25 (1) By supermajority vote, the Compact Commission may initiate legal 26 action against a Member State in default in the United States District Court for the 27 District of Columbia or the federal district where the Compact Commission has its 28 principal offices to enforce compliance with the provisions of the Compact and its 29 promulgated Rules. The relief sought may include both injunctive relief and damages. 30 In the event judicial enforcement is necessary, the prevailing party shall be awarded 31 all costs of such litigation, including reasonable attorney's fees. The remedies herein

01 shall not be the exclusive remedies of the Compact Commission. The Compact 02 Commission may pursue any other remedies available under federal or the defaulting 03 Member State's law. 04 (2) A Member State may initiate legal action against the Compact 05 Commission in the U.S. District Court for the District of Columbia or the federal 06 district where the Compact Commission has its principal offices to enforce compliance 07 with the provisions of the Compact and its promulgated Rules. The relief sought may 08 include both injunctive relief and damages. In the event judicial enforcement is 09 necessary, the prevailing party shall be awarded all costs of such litigation, including 10 reasonable attorney's fees. 11 (3) No party other than a Member State shall enforce this Compact 12 against the Compact Commission. 13 SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. 14 (A) The Compact shall come into effect on the date on which the Compact 15 statute is enacted into law in the seventh Member State. 16 (1) On or after the effective date of the Compact, the Compact 17 Commission shall convene and review the enactment of each of the first seven 18 Member States ("Charter Member States") to determine if the statute enacted by each 19 such Charter Member State is materially different than the model Compact statute. 20 (a) A Charter Member State whose enactment is found to be 21 materially different from the model Compact statute shall be entitled to the 22 default process set forth in Section 11. 23 (b) If any Member State is later found to be in default, or is 24 terminated, or withdraws from the Compact, the Compact Commission shall 25 remain in existence and the Compact shall remain in effect even if the number 26 of Member States should be less than seven. 27 (2) Member States enacting the Compact subsequent to the seven 28 initial Charter Member States shall be subject to the process set forth in Section 29 8(C)(21) to determine if their enactments are materially different from the model 30 Compact statute and whether they qualify for participation in the Compact. 31 (3) All actions taken for the benefit of the Compact Commission or in

01 furtherance of the purposes of the administration of the Compact prior to the effective 02 date of the Compact or the Compact Commission coming into existence shall be 03 considered to be actions of the Compact Commission unless specifically repudiated by 04 the Compact Commission. 05 (4) Any State that joins the Compact subsequent to the Compact 06 Commission's initial adoption of the Rules and bylaws shall be subject to the Rules 07 and bylaws as they exist on the date on which the Compact becomes law in that State. 08 Any Rule that has been previously adopted by the Compact Commission shall have 09 the full force and effect of law on the day the Compact becomes law in that State. 10 (B) Any Member State may withdraw from this Compact by enacting a statute 11 repealing the same. 12 (1) A Member State's withdrawal shall not take effect until 180 days 13 after enactment of the repealing statute. 14 (2) Withdrawal shall not affect the continuing requirement of the 15 withdrawing State's Licensing Authority to comply with the investigative and Adverse 16 Action reporting requirements of this Compact prior to the effective date of 17 withdrawal. 18 (3) Upon the enactment of a statute withdrawing from this Compact, a 19 State shall immediately provide notice of such withdrawal to all Licensees within that 20 State. Notwithstanding any subsequent statutory enactment to the contrary, such 21 withdrawing State shall continue to recognize all Compact Privileges granted pursuant 22 to this Compact for a minimum of 180 days after the date of such notice of 23 withdrawal. 24 (C) Nothing contained in this Compact shall be construed to invalidate or 25 prevent any licensure agreement or other cooperative arrangement between a Member 26 State and a non-Member State that does not conflict with the provisions of this 27 Compact. 28 (D) This Compact may be amended by the Member States. No amendment to 29 this Compact shall become effective and binding upon any Member State until it is 30 enacted into the laws of all Member States. 31 SECTION 13. CONSTRUCTION AND SEVERABILITY.

01 (A) This Compact and the Compact Commission's rulemaking authority shall 02 be liberally construed so as to effectuate the purposes and the implementation and 03 administration of the Compact. Provisions of the Compact expressly authorizing or 04 requiring the promulgation of Rules shall not be construed to limit the Compact 05 Commission's rulemaking authority solely for those purposes. 06 (B) The provisions of this Compact shall be severable and if any phrase, 07 clause, sentence, or provision of this Compact is held by a court of competent 08 jurisdiction to be contrary to the constitution of any Member State, a State seeking 09 participation in the Compact, or of the United States, or the applicability thereof to any 10 government, agency, person, or circumstance is held to be unconstitutional by a court 11 of competent jurisdiction, the validity of the remainder of this Compact and the 12 applicability thereof to any other government, agency, person, or circumstance shall 13 not be affected thereby. 14 (C) Notwithstanding Section 13(B), the Compact Commission may deny a 15 State's participation in the Compact or, in accordance with the requirements of Section 16 11(B), terminate a Member State's participation in the Compact, if it determines that a 17 constitutional requirement of a Member State is a material departure from the 18 Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of 19 any Member State, the Compact shall remain in full force and effect as to the 20 remaining Member States and in full force and effect as to the Member State affected 21 as to all severable matters. 22 SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 23 (A) Nothing herein shall prevent or inhibit the enforcement of any other law 24 of a Member State that is not inconsistent with the Compact. 25 (B) Any laws, statutes, regulations, or other legal requirements in a Member 26 State in conflict with the Compact are superseded to the extent of the conflict. 27 (C) All permissible agreements between the Compact Commission and the 28 Member States are binding in accordance with their terms. 29 Sec. 08.38.210. Application. An applicant for an initial compact privilege 30 under AS 08.38.200 shall submit, along with the application, the applicant's 31 fingerprints and the fees required by the Department of Public Safety under

01 AS 12.62.160 for criminal justice information and a national criminal history record 02 check. The department shall forward the fingerprints and fees to the Department of 03 Public Safety to obtain a report of criminal justice information under AS 12.62 and a 04 national criminal history record check under AS 12.62.400. 05 * Sec. 3. AS 12.62.400(a) is amended by adding a new paragraph to read: 06 (26) licensure as a dietician exercising a compact privilege through the 07 Dietician Licensure Compact under AS 08.38.200; 08 * Sec. 4. This Act takes effect January 1, 2027.