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3. The compact commission shall be entitled to receive service of process in any
14proceeding regarding the enforcement or interpretation of the compact and shall
15have standing to intervene in such a proceeding for all purposes. Failure to provide
16the compact commission service of process shall render a judgment or order void as
17to the compact commission, this compact, or promulgated rules.
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(b)
Default, technical assistance, and termination. 1. If the compact
19commission determines that a member state has defaulted in the performance of its
20obligations or responsibilities under this compact or the promulgated rules, the
21compact commission shall provide written notice to the defaulting state. The notice
22of default shall describe the default, the proposed means of curing the default, and
23any other action that the compact commission may take and shall offer training and
24specific technical assistance regarding the default.
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12. The compact commission shall provide a copy of the notice of default to the
2other member states.
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(c) If a state in default fails to cure the default, the defaulting state may be
4terminated from the compact upon an affirmative vote of a majority of the delegates
5of the member states, and all rights, privileges, and benefits conferred on that state
6by this compact may be terminated on the effective date of termination. A cure of the
7default does not relieve the offending state of obligations or liabilities incurred
8during the period of default.
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(d) Termination of membership in the compact shall be imposed only after all
10other means of securing compliance have been exhausted. Notice of intent to
11suspend or terminate shall be given by the compact commission to the governor, the
12majority and minority leaders of the defaulting state's legislature, the defaulting
13state's licensing authority, and each of the member states' licensing authority.
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(e) A state that has been terminated is responsible for all assessments,
15obligations, and liabilities incurred through the effective date of termination,
16including obligations that extend beyond the effective date of termination.
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(f) Upon the termination of a state's membership from this compact, that state
18shall immediately provide notice to all licensees within that state of such
19termination. The terminated state shall continue to recognize all compact privileges
20granted pursuant to this compact for a minimum of 6 months after the date of said
21notice of termination.
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(g) The compact commission shall not bear any costs related to a state that is
23found to be in default or that has been terminated from the compact, unless agreed
24upon in writing between the compact commission and the defaulting state.
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1(h) The defaulting state may appeal the action of the compact commission by
2petitioning the U.S. District Court for the District of Columbia or the federal district
3where the compact commission has its principal offices. The prevailing party shall
4be awarded all costs of such litigation, including reasonable attorney's fees.
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(i)
Dispute resolution. 1. Upon request by a member state, the compact
6commission shall attempt to resolve disputes related to the compact that arise among
7member states and between member and nonmember states.
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2. The compact commission shall promulgate a rule providing for both
9mediation and binding dispute resolution for disputes as appropriate.
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(j)
Enforcement. 1. By supermajority vote, the compact commission may
11initiate legal action against a member state in default in the U.S. District Court for
12the District of Columbia or the federal district where the compact commission has
13its principal offices to enforce compliance with the provisions of the compact and its
14promulgated rules. The relief sought may include both injunctive relief and
15damages. In the event judicial enforcement is necessary, the prevailing party shall
16be awarded all costs of such litigation, including reasonable attorney's fees. The
17remedies herein shall not be the exclusive remedies of the compact commission. The
18compact commission may pursue any other remedies available under federal or the
19defaulting member state's law.
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2. A member state may initiate legal action against the compact commission
21in the U.S. District Court for the District of Columbia or the federal district where
22the compact commission has its principal offices to enforce compliance with the
23provisions of the compact and its promulgated rules. The relief sought may include
24both injunctive relief and damages. In the event judicial enforcement is necessary,
1the prevailing party shall be awarded all costs of such litigation, including
2reasonable attorney's fees.
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3. No party other than a member state shall enforce this compact against the
4compact commission.
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5(12) Effective date, withdrawal, and amendment. (a) The compact shall come
6into effect on the date on which the compact statute is enacted into law in the 7th
7member state.
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1. On or after the effective date of the compact, the compact commission shall
9convene and review the enactment of each of the first 7 member states (“charter
10member states”) to determine if the statute enacted by each such charter member
11state is materially different than the model compact statute.
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a. A charter member state whose enactment is found to be materially different
13from the model compact statute shall be entitled to the default process set forth in
14sub. (11).
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b. If any member state is later found to be in default, or is terminated, or
16withdraws from the compact, the compact commission shall remain in existence and
17the compact shall remain in effect even if the number of member states should be less
18than 7.
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2. Member states enacting the compact subsequent to the 7 initial charter
20member states shall be subject to the process set forth in sub. (8) (c) 21. to determine
21if their enactments are materially different from the model compact statute and
22whether they qualify for participation in the compact.
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3. All actions taken for the benefit of the compact commission or in furtherance
24of the purposes of the administration of the compact prior to the effective date of the
25compact or the compact commission coming into existence shall be considered to be
1actions of the compact commission unless specifically repudiated by the compact
2commission.
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4. Any state that joins the compact subsequent to the compact commission's
4initial adoption of the rules and bylaws shall be subject to the rules and bylaws as
5they exist on the date on which the compact becomes law in that state. Any rule that
6has been previously adopted by the compact commission shall have the full force and
7effect of law on the day the compact becomes law in that state.
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(b) Any member state may withdraw from this compact by enacting a statute
9repealing the same.
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1. A member state's withdrawal shall not take effect until 180 days after
11enactment of the repealing statute.
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2. Withdrawal shall not affect the continuing requirement of the withdrawing
13state's licensing authority to comply with the investigative and adverse action
14reporting requirements of this compact prior to the effective date of withdrawal.
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3. Upon the enactment of a statute withdrawing from this compact, a state
16shall immediately provide notice of such withdrawal to all licensees within that
17state. Notwithstanding any subsequent statutory enactment to the contrary, such
18withdrawing state shall continue to recognize all compact privileges granted
19pursuant to this compact for a minimum of 180 days after the date of such notice of
20withdrawal.
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(c) Nothing contained in this compact shall be construed to invalidate or
22prevent any licensure agreement or other cooperative arrangement between a
23member state and a nonmember state that does not conflict with the provisions of
24this compact.
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1(d) This compact may be amended by the member states. No amendment to this
2compact shall become effective and binding upon any member state until it is enacted
3into the laws of all member states.
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4(13) Construction and severability. (a) This compact and the compact
5commission's rule-making authority shall be liberally construed so as to effectuate
6the purposes and the implementation and administration of the compact. Provisions
7of the compact expressly authorizing or requiring the promulgation of rules shall not
8be construed to limit the compact commission's rule-making authority solely for
9those purposes.
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(b) The provisions of this compact shall be severable and if any phrase, clause,
11sentence, or provision of this compact is held by a court of competent jurisdiction to
12be contrary to the constitution of any member state, a state seeking participation in
13the compact, or of the United States, or the applicability thereof to any government,
14agency, person, or circumstance is held to be unconstitutional by a court of competent
15jurisdiction, the validity of the remainder of this compact and the applicability
16thereof to any other government, agency, person, or circumstance shall not be
17affected thereby.
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(c) Notwithstanding par. (b), the compact commission may deny a state's
19participation in the compact or, in accordance with the requirements of sub. (11) (b),
20terminate a member state's participation in the compact, if it determines that a
21constitutional requirement of a member state is a material departure from the
22compact. Otherwise, if this compact shall be held to be contrary to the constitution
23of any member state, the compact shall remain in full force and effect as to the
24remaining member states and in full force and effect as to the member state affected
25as to all severable matters.
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1(14) Consistent effect and conflict with other state laws. (a) Nothing
2herein shall prevent or inhibit the enforcement of any other law of a member state
3that is not inconsistent with the compact.
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(b) Any laws, statutes, regulations, or other legal requirements in a member
5state in conflict with the compact are superseded to the extent of the conflict.
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(c) All permissible agreements between the compact commission and the
7member states are binding in accordance with their terms.
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8448.9888 Implementation of the dietitian licensure compact. (1) In this
9section:
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(a) “Compact” means the dietitian licensure compact under s. 448.9887.
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(b) “Compact privilege” means a compact privilege, as defined in s. 448.9887
12(2) (i), that is granted under the compact to an individual to practice in this state.
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13(2) The department may impose a fee for an individual to receive a compact
14privilege as provided in s. 448.9887 (3) (c).
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15(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
16(13) (am).
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(b) Subject to s. 448.9887 and any rules promulgated thereunder, ss. 440.20 to
18440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
19holds a compact privilege in the same manner that they apply to holders of
20certificates issued under subch. V.
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21Section
31. 450.10 (3) (a) 5m. of the statutes is amended to read:
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450.10
(3) (a) 5m. A dietitian
who is certified under subch. V of ch. 448
or who
23holds a compact privilege under subch. XIV of ch. 448.
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24Section
32. 632.895 (1) (b) 5. b. of the statutes is repealed and recreated to
25read:
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1632.895
(1) (b) 5. b. A dietitian who is certified under subch. V of ch. 448 or who
2holds a compact privilege under subch. XIV of ch. 448.