SB1059: Bill Text

SB1059,,149 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,,150 2. Hold an unencumbered license in the home state;

SB1059,,151 3. Notify the compact commission that the licensee is seeking a compact privilege within a remote state;

SB1059,,152 4. Pay any applicable fees, including any state fee, for the compact privilege;

SB1059,,153 5. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and

SB1059,,154 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,,155 (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,,156 (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,,157 (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,,158 (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,,159 (b) If a licensee changes home state by moving between two member states:

SB1059,,160 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,,161 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,,162 a. Federal bureau of investigation fingerprint based criminal history record information check;

SB1059,,163 b. Any other criminal history record information required by the new home state; and

SB1059,,164 c. Any jurisprudence requirements of the new home state.

SB1059,,165 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,,166 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,,167 5. The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.

SB1059,,168 (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,,169 (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,,170 (e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

SB1059,,171 (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,,172 (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,,173 1. Take adverse action against a licensee’s compact privilege within that member state; and

SB1059,,174 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,,175 (b) Only the home state shall have the power to take adverse action against a licensee’s home state license.

SB1059,,176 (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,,177 (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,,178 (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,,179 (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,,180 (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,,181 2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the compact.

SB1059,,182 (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,,183 (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,,184 (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,,185 (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,,186 (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,,187 (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.

SB1059,,188 2. The delegate shall be the primary administrator of the licensing authority or their designee.

SB1059,,189 3. The compact commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

SB1059,,190 4. The compact commission may recommend removal or suspension of any delegate from office.

SB1059,,191 5. A member state’s licensing authority shall fill any vacancy of its delegate occurring on the compact commission within 60 days of the vacancy.

SB1059,,192 6. Each delegate shall be entitled to one vote on all matters before the compact commission requiring a vote by the delegates.

SB1059,,193 7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in person or by telecommunication, video conference, or other means of communication.

SB1059,,194 8. The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The compact commission may meet in person or by telecommunication, video conference, or other means of communication.

SB1059,,195 (c) The compact commission shall have the following powers:

SB1059,,196 1. Establish the fiscal year of the compact commission;

SB1059,,197 2. Establish code of conduct and conflict of interest policies;

SB1059,,198 3. Establish and amend rules and bylaws;

SB1059,,199 4. Maintain its financial records in accordance with the bylaws;

SB1059,,200 5. Meet and take such actions as are consistent with the provisions of this compact, the compact commission’s rules, and the bylaws;

SB1059,,201 6. Initiate and conclude legal proceedings or actions in the name of the compact commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected;

SB1059,,202 7. Maintain and certify records and information provided to a member state as the authenticated business records of the compact commission, and designate an agent to do so on the compact commission’s behalf;

SB1059,,203 8. Purchase and maintain insurance and bonds;

SB1059,,204 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

SB1059,,205 10. Conduct an annual financial review;

SB1059,,206 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the compact commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

SB1059,,207 12. Assess and collect fees;

SB1059,,208 13. Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided that at all times the compact commission shall avoid any actual or appearance of impropriety or conflict of interest;

SB1059,,209 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

SB1059,,210 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

SB1059,,211 16. Establish a budget and make expenditures;

SB1059,,212 17. Borrow money;

SB1059,,213 18. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact or the bylaws;

SB1059,,214 19. Provide and receive information from, and cooperate with, law enforcement agencies;

SB1059,,215 20. Establish and elect an executive committee, including a chair and a vice chair;

SB1059,,216 21. Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and

SB1059,,217 22. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.

SB1059,,218 (d) The executive committee. 1. The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:

SB1059,,219 a. Oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary;

SB1059,,220 b. Recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;

SB1059,,221 c. Ensure compact administration services are appropriately provided, including by contract;

SB1059,,222 d. Prepare and recommend the budget;

SB1059,,223 e. Maintain financial records on behalf of the compact commission;

SB1059,,224 f. Monitor compact compliance of member states and provide compliance reports to the compact commission;

SB1059,,225 g. Establish additional committees as necessary;

SB1059,,226 h. Exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw; and

SB1059,,227 i. Other duties as provided in the rules or bylaws of the compact commission.

SB1059,,228 2. The executive committee shall be composed of nine members:

SB1059,,229 a. The chair and vice chair of the compact commission shall be voting members of the executive committee;

SB1059,,230 b. Five voting members from the current membership of the compact commission, elected by the compact commission;

SB1059,,231 c. One ex officio, nonvoting member from a recognized professional association representing dietitians; and

SB1059,,232 d. One ex officio, nonvoting member from a recognized national credentialing organization for dietitians.

SB1059,,233 3. The compact commission may remove any member of the executive committee as provided in the compact commission’s bylaws.

SB1059,,234 4. The executive committee shall meet at least annually.

SB1059,,235 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in par. (f) 2.

SB1059,,236 b. The executive committee shall 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.

SB1059,,237 c. The executive committee may hold a special meeting in accordance with par. (f) 1. b.