Fiscal Summary
Other Fiscal Impact - A precise fiscal impact cannot be determined, but expenditures to the Board of Dietitian/Nutritionist Examiners are reasonably estimated to exceed $10,000 for participation once the compact goes into effect.
Pursuant to Tenn. Code Ann. ยง 4-29-121, all health-related boards are required to be self-supporting over a two-year period. The Board of Dietitian/Nutritionist Examiners had a surplus of $39,354 in FY21-22, a surplus of $33,535 in FY22-23, and a cumulative reserve balance of $ $372,921 on June 30, 2023.
Bill Summary
PURPOSE AND OBJECTIVES
An interstate occupational licensure compact, like this Dietitian Licensure Compact ("compact"), is a constitutionally authorized, legally binding, legislatively enacted contract among states. The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services, while preserving the regulatory authority of states to protect public health and safety through the current system of state licensure and also providing for licensure portability through a compact privilege granted to qualifying professionals such that they can practice in a state that is not their home state of residence ("remote state"). This bill seeks to enact the compact in this state as of January 1, 2026, with the compact itself becoming effective when the seventh member state enacts the compact.
This bill provides that this compact is designed to achieve certain objectives, including increasing public access to dietetics services; providing opportunities for interstate practice by licensed dietitians who meet uniform requirements; eliminating the necessity for licenses in multiple states; reducing administrative burden on member states and licensees; enhancing the states' ability to protect the public's health and safety; encouraging the cooperation of member states in regulating multistate practice of licensed dietitians; supporting relocating active military members and their spouses; enhancing the exchange of licensure, investigative, and disciplinary information among member states; and vesting all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.
STATE PARTICIPATION IN THE COMPACT
In order to participate in this compact, this bill requires a state to currently license and regulate the practice of dietetics and to have a mechanism in place for receiving and investigating complaints about licensees. A member state must then do the following:
(1) Participate fully in the compact commission's data system;
(2) Notify the compact commission of any adverse action, or the availability of current significant investigative information, regarding a licensee;
(3) Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege, including 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 FBI and the agency responsible for retaining that state's criminal records;
(4) Comply with and enforce the rules of the compact commission;
(5) Require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and
(6) Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in this compact. Member states may set and collect a fee for granting a compact privilege.
This bill provides that individuals not residing in a member state must 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 must not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state. This compact does not affect the requirements established by a member state for the issuance of a single state license. The member state retains sole jurisdiction over the provision of these requirements.
COMPACT PRIVILEGE
In order to exercise the compact privilege, a licensee must meet the following criteria:
(1) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or (i) complete an education program accredited by the Accreditation Council for Education in Nutrition and Dietetics or its successor organization ("ACEND") or by a dietetics accrediting agency recognized by the U.S. department of education, (ii) complete supervised practice experience in dietetics that is programmatically accredited by ACEND or by a dietetics accrediting agency recognized by the U.S. department of education that involves at least 1,000 hours of practice experience under the supervision of a registered dietitian or a licensed dietitian, and (iii) complete the Registration Examination for Dietitians administered by the Commission on Dietetic Registration, or its successor organization ("CDR") or a national credentialing examination for dietitians approved by the compact commission by rule;
(2) Hold an unencumbered license in the home state;
(3) Notify the compact commission that the licensee is seeking a compact privilege within a remote state;
(4) Pay applicable fees;
(5) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(6) Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any non-member state within 30 days from the date the action is taken.
This bill provides that the compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege must be congruent with the renewal of the home state license. The licensee must comply with the requirements of this bill to maintain the compact privilege in the remote state.
This bill requires a licensee exercising a compact privilege to adhere to the laws and regulations of the remote state. However, this bill prohibits such a licensee from being required to complete continuing education requirements required by the remote state. Such a licensee is only required to meet any continuing education requirements as required by the home state.
OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT PRIVILEGE.
This bill authorizes a licensee to hold a home state license that allows for a compact privilege in other member states in only one member state at a time. If a licensee changes their home state by moving between two member states, then the following actions must take place:
(1) The licensee must file an application for obtaining a new home state license, pay all applicable fees, and notify the current and new home state;
(2) Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state must verify that the licensee meets the criteria in this compact via the data system, and require the licensee to complete an FBI fingerprint-based criminal history record information check, any other criminal history record information required by the new home state, and any jurisprudence requirements of the new home state;
(3) The former home state must convert the former home state license into a compact privilege once the new home state has activated the new home state license;
(4) If the licensee cannot meet the criteria in this compact, the new home state may apply its requirements for issuing a new single state license; and
(5) The licensee must pay all applicable fees to the new home state.
This bill clarifies that if a licensee changes their state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the state criteria applies for issuance of a single state license in the new state. This compact does not interfere with a licensee's ability to hold a single state license in multiple states. Additionally, this compact does not affect the requirements established by a member state for the issuance of a single state license.
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
This bill requires an active military member, or their spouse, to designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty.
ADVERSE ACTIONS
In addition to other powers conferred by state law, this bill provides that a remote state has the authority, in accordance with existing state due process law, to take adverse action against a licensee's compact privilege within that member state and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Only the home state has the power to take adverse action against a licensee's home state license.
For purposes of taking adverse action, this bill requires the home state to give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state must apply its own state laws to determine appropriate action.
This bill requires the home state to complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state also has authority to take appropriate actions and to promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system must promptly notify the new home state of any adverse actions. A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.
JOINT INVESTIGATIONS
In addition to the authority granted to a member state by its respective state law, this bill authorizes any member state to participate with other member states in joint investigations of licensees. Member states must share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the compact. However, this compact does not override a member state's decision that participation in either a non-disciplinary monitoring or practice remediation process may be used in lieu of adverse action.
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, then this bill requires the licensee's compact privileges in all other member states to be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee must include a statement that the licensee's compact privileges are revoked in all member states during the pendency of the order. If a member state takes adverse action, then it must promptly notify the administrator of the data system. The administrator of the data system must promptly notify the other member states of any adverse actions.
This bill provides that 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 follow the administrative requirements to reapply to obtain a compact privilege in any remote state.
ESTABLISHMENT OF THE DIETICIAN LICENSURE COMPACT COMMISSION
This bill provides that the compact member states 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 comes into existence on or after the effective date of the compact.
MEMBERSHIP, VOTING, AND MEETINGS
This bill provides that each member state is limited to one delegate selected by that member state's licensing authority. The delegate must be the primary administrator of the licensing authority or their designee. The compact commission must establish a term of office for delegates and may establish term limits. The compact commission may recommend removal or suspension of any delegate from office. A member state's licensing authority must fill any vacancy of its delegate within 60 days of the vacancy.
This bill further provides that delegates must meet and vote by such means as set forth in the bylaws. Each delegate is 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 person or by telecommunication, video conference, or other means of communication. The compact commission must meet at least once during each calendar year, and additional meetings may be held as set forth in the bylaws. The compact commission must adopt and provide to the member states an annual report.
EXECUTIVE COMMITTEE
This bill provides that the executive committee has the power to act on behalf of the compact commission. The executive committee is composed of nine members, including the chair and vice chair of the compact commission as voting members of the executive committee; five voting members from the current membership of the compact commission, elected by the compact commission; one ex-officio, nonvoting member from a recognized professional association representing dietitians; and one ex-officio, nonvoting member from a recognized national credentialing organization for dietitians. The compact commission may remove any member of the executive committee as provided in the compact commission's bylaws.
This bill requires the executive committee to meet at least annually. Executive committee meetings must generally be open to the public. The executive committee must give 30 days' notice of its meetings, posted on the website of the compact commission and as determined to provide notice to persons with an interest in the business of the compact commission.
MEETINGS OF THE COMPACT COMMISSION
This bill generally requires meetings of the compact commission to be open to the public. Public notice for all meetings of the full compact commission must be given. The compact commission may hold a special meeting 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 compact commission's legal counsel must certify that the compact commission's need to meet qualifies as an emergency.
This bill authorizes the compact commission, the executive committee, and other committees of the compact commission to convene in a closed, non-public meeting to receive legal advice or to discuss certain matters, including, but not limited to, non-compliance of a member state with its obligations under the compact; current or threatened discipline of a licensee by the compact commission or by a member state's licensing authority; current, threatened, or reasonably anticipated litigation; or trade secrets or commercial or financial information that is privileged or confidential. If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.
This bill requires the compact commission to keep minutes that fully and clearly describe all matters discussed in a meeting and must provide a full and accurate summary of actions taken, and the reasons therefore. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.
FINANCING OF THE COMPACT COMMISSION
This bill requires the compact commission to pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. The compact commission may accept all appropriate revenue sources as provided in this bill. The compact commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which must, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the compact commission promulgates by rule.
This bill prohibits the compact commission from incurring obligations of any kind prior to securing the funds adequate to meet the same and prohibits the compact commission from pledging the credit of any of the member states, except by and with the authority of the member state.
This bill requires the compact commission to keep accurate accounts of all receipts and disbursements. The receipts and disbursements are subject to the financial review and accounting procedures established under its bylaws. Additionally, all receipts and disbursements of funds handled by the compact commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the compact commission.
QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
This bill provides that the members, officers, executive director, employees, and representatives of the compact commission are immune from suit and liability 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. However, this provision does not protect such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person. The procurement of insurance of any type by the compact commission does not compromise or limit such immunity.
This bill requires the compact commission to defend any member, officer, executive director, employee, and representative of the compact commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities as long as the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. However, this compact does not prohibit that person from retaining their own counsel at their own expense.
This bill also requires the compact commission to indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of compact commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities as long as the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
This bill provides that the compact does not limit the liability of any licensee for professional malpractice or misconduct, which is governed solely by applicable state laws. Further, this compact does not waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under state or federal antitrust or anticompetitive law or regulation. This compact also does not waive sovereign immunity by the member states or by the compact commission.
DATA SYSTEM
This bill requires the compact commission to provide for the development, maintenance, operation, and utilization of a coordinated data system. The compact commission must assign each applicant for a compact privilege a unique identifier, as determined by the rules. A member state must 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.
This bill provides that the records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, constitutes the authenticated business records of the compact commission, and are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state. Further, current significant investigative information pertaining to a licensee in any member state will only be available to other member states.
This bill provides that it is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state must be available to any other member state.
This bill authorizes member states contributing information to the data system to designate information that must not be shared with the public without the express permission of the contributing state. Additionally, any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information must be removed from the data system.
RULEMAKING
This bill requires the compact commission to promulgate reasonable rules in order to effectively and efficiently implement and administer the compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted under the compact, or based upon another applicable standard of review.
This bill provides that the rules of the compact commission have the force of law in each member state. However, where the rules conflict with the laws or regulations of a member state that relate to the procedures, actions, and processes a licensed dietitian is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, then the rules of the compact commission are ineffective in that state to the extent of the conflict.
This bill provides that rules become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later. If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule has no further force and effect in any member state.
This bill requires rules to be adopted at a regular or special meeting of the compact commission. Prior to adoption of a proposed rule, the compact commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. Prior to adoption of a proposed rule by the compact commission, and at least 30 days in advance of the meeting at which the compact commission will hold a public hearing on the proposed rule, the compact commission must provide a notice of proposed rulemaking (i) on the website of the compact commission or other publicly accessible platform, (ii) to persons who have requested notice of the compact commission's notices of proposed rulemaking, and (iii) in such other ways as the compact commission may by rule specify.
This bill requires all hearings to be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule must be available to the public. However, this compact does not require a separate hearing on each rule.
This bill requires the compact commission to, 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. The compact commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule. The compact commission must 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.
This bill requires the compact commission to determine a reasonable effective date for the rule. Except for an emergency, the effective date of the rule is no sooner than 30 days after issuing the notice that it adopted or amended the rule. Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24 hours' notice, with opportunity to comment. However, the usual rulemaking procedures provided in the compact must be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to (i) meet an imminent threat to public health, safety, or welfare, (ii) prevent a loss of compact commission or member state funds (iii) meet a deadline for the promulgation of a rule that is established by federal law or rule, or (iv) protect public health and safety.
OVERSIGHT
This bill requires the executive and judicial branches of state government in each member state to enforce this compact and take all actions necessary and appropriate to implement this compact.
This bill provides that venue is proper and judicial proceedings by or against the compact commission must 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. This compact does not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
This bill provides that the compact commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and has standing to intervene in such a proceeding. Failure to provide the compact commission service of process renders a judgment or order void as to the compact commission, this compact, or promulgated rules.
DEFAULT AND TERMINATION
This bill provides that 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, then the compact commission must provide written notice to the defaulting state. The notice of default must 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.
This bill provides that if a state in default fails to cure the default, then 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. However, a cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
This bill provides that termination of membership in the compact must only be imposed after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must 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. 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.
Upon the termination of a state's membership from this compact, this bill requires that state to immediately provide notice to all licensees within that state of such termination. The terminated state must continue to recognize all compact privileges granted pursuant to this compact for a minimum of six months after the date of such notice of termination. The compact commission does 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.
This bill authorizes the defaulting state to appeal the action of the compact commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees.
DISPUTE RESOLUTION
Upon request by a member state, this bill requires the compact commission to attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. The compact commission must promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
ENFORCEMENT
By supermajority vote, this bill authorizes the compact commission to initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. However, the remedies in this compact are not the exclusive remedies of the compact commission. The compact commission may pursue any other remedies available under federal or the defaulting member state's law.
This bill authorizes a member state to initiate legal action against the compact commission in the U.S. District Court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. However, no party, other than a member state, may enforce this compact against the compact commission.
EFFECTIVE DATE OF THE COMPACT
This bill provides that the compact comes into effect on the date on which the compact statute is enacted into law in the seventh member state. As of the writing of this summary, legislation to enact the compact has been introduced in five states, including Tennessee.
On or after the effective date of the compact, the compact commission must convene and review the enactment of each of the first seven member states ("charter member states") to determine if the statute enacted by each such charter member state is materially different than the model compact statute. Member states enacting the compact subsequent to the seven initial charter member states are also subject to the process to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
This bill provides that all actions taken for the benefit of the compact commission, or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence, are considered to be actions of the compact commission unless specifically repudiated by the compact commission. Any state that joins the compact subsequent to the compact commission's initial adoption of the rules and bylaws is subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the compact commission has the full force and effect of law on the day the compact becomes law in that state.
WITHDRAWAL
This bill provides that any member state may withdraw from this compact by enacting a statute repealing the same. A member state's withdrawal does not take effect until 180 days after enactment of the repealing statute. Withdrawal does 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.
Upon the enactment of a statute withdrawing from this compact, this bill requires the state to immediately provide notice of such withdrawal to all licensees within that state. However, such withdrawing state must continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
AMENDMENT
This bill authorizes the compact to be amended by the member states. However, an amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states.
CONSTRUCTION AND SEVERABILITY
This bill clarifies that the compact does not invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the compact.
This bill provides that this compact and the compact commission's rulemaking authority must be liberally construed so as to effectuate the purposes, implementation, and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules do not limit the compact commission's rulemaking authority solely for those purposes.
This bill further provides that the provisions of this compact are 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, then the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance is not affected.
This bill authorizes the compact commission to deny a state's participation in the compact or, in accordance with this bill, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then the compact must 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.
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
This bill provides that the compact does not prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict. Further, all permissible agreements between the compact commission and the member states are binding in accordance with their terms.
ON MARCH 28, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1862, AS AMENDED.
AMENDMENT #1 authorizes the department of health, in consultation with the board of dietitian/nutritionist examiners, to promulgate rules to implement this compact, and requires the chair of the board of dietitian/nutritionist examiners to notify the chairs of the government operations committees of the senate and the house of representatives, and the revisor of statutes, within 30 days of the date the compact comes into effect.
