Chapter 448

448.988(10)(e)2. 2. No person other than a participating state shall enforce this compact against the commission.

448.988(11) (11) Date of implementation of the PA licensure compact commission.

448.988(11)(a) (a) This compact shall come into effect on the date on which this compact statute is enacted into law in the seventh participating state.

448.988(11)(a)1. 1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different than the model compact.

448.988(11)(a)1.a. a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10) (b).

448.988(11)(a)1.b. b. If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

448.988(11)(a)2. 2. Participating states enacting the compact subsequent to the seven initial charter participating states shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

448.988(11)(a)3. 3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

448.988(11)(b) (b) Any state that joins this compact shall be subject to the commission’s rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.

448.988(11)(c) (c) Any participating state may withdraw from this compact by enacting a statute repealing the same.

448.988(11)(c)1. 1. A participating state’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the one hundred eighty (180) days, the licensee’s compact privileges in other participating states shall not be affected by the passage of the one hundred eighty (180) days.

448.988(11)(c)2. 2. Withdrawal shall not affect the continuing requirement of the state licensing board(s) of the withdrawing state to comply with the investigative, and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

448.988(11)(c)3. 3. Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.

448.988(11)(d) (d) Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state that does not conflict with the provisions of this compact.

448.988(11)(e) (e) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.

448.988(12) (12) Construction and severability.

448.988(12)(a) (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.

448.988(12)(b) (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

448.988(12)(c) (c) Notwithstanding par. (b) or this subsection, the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10) (b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.

448.988(13) (13) Binding effect of compact.

448.988(13)(a) (a) Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this compact.

448.988(13)(b) (b) Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.

448.988(13)(c) (c) All agreements between the commission and the participating states are binding in accordance with their terms.

448.988 History History: 2023 a. 81.

448.9885 448.9885 Implementation of the PA licensure compact.

448.9885(1) (1) In this section:

448.9885(1)(a) (a) “Board” means the physician assistant affiliated credentialing board.

448.9885(1)(b) (b) “Compact” means the PA licensure compact under s. 448.988.

448.9885(1)(c) (c) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2) (b), that is granted under the compact to an individual to practice in this state.

448.9885(2) (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.988 (3) (b).

448.9885(3) (3) 

448.9885(3)(a) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

448.9885(3)(b) (b) Subject to s. 448.988 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. IX.

448.9885 History History: 2023 a. 81.

subch. XIV of ch. 448 SUBCHAPTER XIV

DIETITIAN LICENSURE COMPACT

448.9887 448.9887 Dietitian licensure compact.

448.9887(1) (1) Purpose. The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals. This compact is designed to achieve the following objectives:

448.9887(1)(a) (a) Increase public access to dietetics services;

448.9887(1)(b) (b) Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;

448.9887(1)(c) (c) Eliminate the necessity for licenses in multiple states;

448.9887(1)(d) (d) Reduce administrative burden on member states and licensees;

448.9887(1)(e) (e) Enhance the states’ ability to protect the public’s health and safety;

448.9887(1)(f) (f) Encourage the cooperation of member states in regulating multistate practice of licensed dietitians;

448.9887(1)(g) (g) Support relocating active military members and their spouses;

448.9887(1)(h) (h) Enhance the exchange of licensure, investigative, and disciplinary information among member states; and

448.9887(1)(i) (i) Vest 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.

448.9887(2) (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

448.9887(2)(a) (a) “ACEND” means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization.

448.9887(2)(b) (b) “Active military member” means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.

448.9887(2)(c) (c) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensee’s authorization to practice, including issuance of a cease and desist action.

448.9887(2)(d) (d) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority.

448.9887(2)(dm) (dm) “CDR” means the Commission on Dietetic Registration or its successor organization.

448.9887(2)(e) (e) “Charter member state” means any member state which enacted this compact by law before the effective date specified in sub. (12).

448.9887(2)(h) (h) “Compact commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the dietitian licensure compact commission, as described in sub. (8), and which shall operate as an instrumentality of the member states.

448.9887(2)(i) (i) “Compact privilege” means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.

448.9887(2)(im) (im) “Continuing education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.

448.9887(2)(j) (j) “Current significant investigative information” means:

448.9887(2)(j)1. 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

448.9887(2)(j)2. 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.

448.9887(2)(k) (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.

448.9887(2)(L) (L) “Encumbered license” means a license in which an adverse action restricts a licensee’s ability to practice dietetics.

448.9887(2)(m) (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.

448.9887(2)(n) (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.

448.9887(2)(o) (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).

448.9887(2)(p) (p) “Investigative information” means information, records, and documents received or generated by a licensing authority pursuant to an investigation.

448.9887(2)(q) (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.

448.9887(2)(r) (r) “License” means an authorization from a member state to either:

448.9887(2)(r)1. 1. Engage in the practice of dietetics (including medical nutrition therapy); or

448.9887(2)(r)2. 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.

448.9887(2)(s) (s) “Licensee” or “licensed dietitian” means an individual who currently holds a license and who meets all of the requirements outlined in sub. (4).

448.9887(2)(t) (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.

448.9887(2)(u) (u) “Member state” means a state that has enacted the compact.

448.9887(2)(v) (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.

448.9887(2)(w) (w) “Registered dietitian” means a person who:

448.9887(2)(w)1. 1. Has completed applicable education, experience, examination, and recertification requirements approved by CDR;

448.9887(2)(w)2. 2. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and

448.9887(2)(w)3. 3. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations “RD” or “RDN.”

448.9887(2)(x) (x) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

448.9887(2)(y) (y) “Rule” means a regulation promulgated by the compact commission that has the force of law.

448.9887(2)(z) (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.

448.9887(2)(za) (za) “State” means any state, commonwealth, district, or territory of the United States.

448.9887(2)(zb) (zb) “Unencumbered license” means a license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.

448.9887(3) (3) State participation in the compact.

448.9887(3)(a) (a) To participate in the compact, a state must currently:

448.9887(3)(a)1. 1. License and regulate the practice of dietetics; and

448.9887(3)(a)2. 2. Have a mechanism in place for receiving and investigating complaints about licensees.

448.9887(3)(b) (b) A member state shall:

448.9887(3)(b)1. 1. Participate fully in the compact commission’s data system, including using the unique identifier, as defined in rules;