SB1059: Bill Text

SB1059,12,23 (j) “Current significant investigative information” means:

SB1059,13,2 1. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

SB1059,13,5 2. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.

SB1059,13,8 (k) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action information.

SB1059,13,10 (L) “Encumbered license” means a license in which an adverse action restricts a licensee's ability to practice dietetics.

SB1059,13,12 (m) “Encumbrance” means a revocation or suspension of, or any limitation on a licensee's full and unrestricted practice of dietetics by a licensing authority.

SB1059,13,15 (n) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact, and the compact commission.

SB1059,13,17 (o) “Home state” means the member state that is the licensee's primary state of residence or that has been designated pursuant to sub. (6).

SB1059,13,19 (p) “Investigative information” means information, records, and documents received or generated by a licensing authority pursuant to an investigation.

SB1059,13,22 (q) “Jurisprudence requirement” means an assessment of an individual's knowledge of the state laws and regulations governing the practice of dietetics in such state.

SB1059,13,23 (r) “License” means an authorization from a member state to either:

SB1059,13,24 1. Engage in the practice of dietetics (including medical nutrition therapy); or

SB1059,14,3 2. Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,” “certified dietitian,” or other title describing a substantially similar practitioner as the compact commission may further define by rule.

SB1059,14,5 (s) “Licensee” or “licensed dietitian” means an individual who currently holds a license and who meets all of the requirements outlined in sub. (4).

SB1059,14,7 (t) “Licensing authority” means the board or agency of a state, or equivalent, that is responsible for the licensing and regulation of the practice of dietetics.

SB1059,14,8 (u) “Member state” means a state that has enacted the compact.

SB1059,14,12 (v) “Practice of dietetics” means the synthesis and application of dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.

SB1059,14,13 (w) “Registered dietitian” means a person who:

SB1059,14,15 1. Has completed applicable education, experience, examination, and recertification requirements approved by CDR;

SB1059,14,17 2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and

SB1059,14,19 3. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations “RD” or “RDN.”

SB1059,14,21 (x) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

SB1059,14,23 (y) “Rule” means a regulation promulgated by the compact commission that has the force of law.

SB1059,14,25 (z) “Single state license” means a license issued by a member state within the issuing state and does not include a compact privilege in any other member state.

SB1059,15,2 (za) “State” means any state, commonwealth, district, or territory of the United States.

SB1059,15,4 (zb) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.

SB1059,15,6 (3) State participation in the compact. (a) To participate in the compact, a state must currently:

SB1059,15,7 1. License and regulate the practice of dietetics; and

SB1059,15,9 2. Have a mechanism in place for receiving and investigating complaints about licensees.

SB1059,15,10 (b) A member state shall:

SB1059,15,12 1. Participate fully in the compact commission's data system, including using the unique identifier, as defined in rules;

SB1059,15,15 2. Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;

SB1059,15,21 3. Implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;

SB1059,15,25 a. A member state must fully implement a criminal history record information requirement, within a time frame established by rule, which includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility.

SB1059,16,5 b. Communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state.

SB1059,16,6 4. Comply with and enforce the rules of the compact commission;

SB1059,16,9 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

SB1059,16,12 6. Recognize a compact privilege granted to a licensee who meets all of the requirements outlined in sub. (4) in accordance with the terms of the compact and rules.

SB1059,16,13 (c) Member states may set and collect a fee for granting a compact privilege.

SB1059,16,18 (d) Individuals not residing in a member state shall continue to be able to apply for a member state's single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state.

SB1059,16,20 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB1059,16,23 (f) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements.

SB1059,16,25 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:

SB1059,17,1 1. Satisfy one of the following:

SB1059,17,3 a. Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or

SB1059,17,4 b. Complete all of the following:

SB1059,17,5 i. An education program which is either:

SB1059,17,11 a) A master's degree or doctoral degree that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S. department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the U.S. department of education.

SB1059,17,15 b) An academic degree from a college or university in a foreign country equivalent to the degree described in subparagraph (a) that is programmatically accredited by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the U.S. department of education, which the compact commission may by rule determine.

SB1059,17,20 ii. A planned, documented, supervised practice experience in dietetics that is programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency recognized by the U.S. department of education which the compact commission may by rule determine and which involves at least 1,000 hours of practice experience under the supervision of a registered dietitian or a licensed dietitian.

SB1059,18,2 iii. Successful completion of either: (i) the registration examination for dietitians administered by CDR, or (ii) a national credentialing examination for dietitians approved by the compact commission by rule; such completion being no more than 5 years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission.

SB1059,18,3 2. Hold an unencumbered license in the home state;

SB1059,18,5 3. Notify the compact commission that the licensee is seeking a compact privilege within a remote state;

SB1059,18,6 4. Pay any applicable fees, including any state fee, for the compact privilege;

SB1059,18,8 5. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and

SB1059,18,11 6. Report to the compact commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within 30 days from the date the action is taken.

SB1059,18,16 (b) The compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state.

SB1059,18,20 (c) A licensee exercising a compact privilege shall adhere to the laws and regulations of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in such remote state.

SB1059,18,25 (d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege is only required to meet any continuing education requirements as required by the home state.

SB1059,19,3 (5) Obtaining a new home state license based on a compact privilege. (a) A licensee may hold a home state license, which allows for a compact privilege in other member states, in only one member state at a time.

SB1059,19,4 (b) If a licensee changes home state by moving between two member states:

SB1059,19,7 1. The licensee shall file an application for obtaining a new home state license based on a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with the rules of the compact commission.

SB1059,19,11 2. Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state shall verify that the licensee meets the criteria in sub. (4) via the data system, and require that the licensee complete the following:

SB1059,19,13 a. Federal bureau of investigation fingerprint based criminal history record information check;

SB1059,19,15 b. Any other criminal history record information required by the new home state; and

SB1059,19,16 c. Any jurisprudence requirements of the new home state.

SB1059,19,19 3. The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the compact commission.

SB1059,19,22 4. Notwithstanding any other provision of this compact, if the licensee cannot meet the criteria in sub. (4), the new home state may apply its requirements for issuing a new single state license.

SB1059,19,24 5. The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.

SB1059,20,3 (c) If a licensee changes their state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single state license in the new state.

SB1059,20,6 (d) Nothing in this compact shall interfere with a licensee's ability to hold a single state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state license.

SB1059,20,8 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB1059,20,12 (6) Active military members or their spouses. An active military member, or their spouse, shall 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.

SB1059,20,15 (7) Adverse actions. (a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

SB1059,20,17 1. Take adverse action against a licensee's compact privilege within that member state; and

SB1059,21,2 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

SB1059,21,4 (b) Only the home state shall have the power to take adverse action against a licensee's home state license.

SB1059,21,8 (c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

SB1059,21,14 (d) The home state shall complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state shall also have authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

SB1059,21,17 (e) 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.

SB1059,21,20 (f) A member state may take adverse action based on the factual findings of another remote state, provided that the member state follows its own procedures for taking the adverse action.

SB1059,21,23 (g) Joint investigations. 1. In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees.

SB1059,21,25 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the compact.

SB1059,22,7 (h) If adverse action is taken by the home state against a licensee's home state license resulting in an encumbrance on the home state license, the licensee's compact privilege in all other member states shall be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee shall include a statement that the licensee's compact privileges are revoked in all member states during the pendency of the order.

SB1059,22,11 (i) Once an encumbered license in the home state is restored to an unencumbered license (as certified by the home state's licensing authority), the licensee must meet the requirements of sub. (4) (a) and follow the administrative requirements to reapply to obtain a compact privilege in any remote state.

SB1059,22,14 (j) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the other member states of any adverse actions.

SB1059,22,16 (k) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SB1059,22,23 (8) Establishment of the dietitian licensure compact commission. (a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the dietitian licensure compact commission. The compact commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in sub. (12).

SB1059,22,25 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one delegate selected by that member state's licensing authority.