Okla. Stat. tit. 59, § 59-1742.2

DIETITIAN LICENSURE COMPACT

SECTION 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:

A. Increase public access to dietetics services.

B. Provide opportunities for interstate practice by Licensed

Dietitians who meet uniform requirements.

C. Eliminate the necessity for Licenses in multiple States.

D. Reduce administrative burden on Member States and Licensees.

E. Enhance the States’ ability to protect the public’s health

and safety.

F. Encourage the cooperation of Member States in regulating

multistate practice of Licensed Dietitians.

G. Support relocating Active Military Members and their

spouses.

H. Enhance the exchange of licensure, investigative, and

disciplinary information among Member States.

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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.

SECTION 2: DEFINITIONS

A. “ACEND” means the Accreditation Council for Education in

Nutrition and Dietetics or its successor organization.

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.

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.

D. “Alternative Program” means a non-disciplinary monitoring or

practice remediation process approved by a Licensing Authority.

E. “Charter Member State” means any Member State which enacted

this Compact by law before the Effective Date specified in Section

12.

F. “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.

G. “CDR” means the Commission on Dietetic Registration or its

successor organization.

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 Section 8, and which shall operate as an

instrumentality of the Member States.

I. “Compact Privilege” means a legal authorization, which is

equivalent to a License, permitting the Practice of Dietetics in a

Remote State.

J. “Current Significant Investigative Information” means:

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

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.

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K. “Data System” means a repository of information about
d

indicate more than a minor infraction; or

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.

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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.

L. “Encumbered License” means a License in which an Adverse

Action restricts a Licensee’s ability to practice dietetics.

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.

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.

O. “Home State” means the Member State that is the Licensee’s

primary State of residence or that has been designated pursuant to

Section 6.

P. “Investigative Information” means information, records, and

documents received or generated by a Licensing Authority pursuant to

an investigation.

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.

R. “License” means an authorization from a Member State to

either:

1. Engage in the Practice of Dietetics (including medical

nutrition therapy); or

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.

S. “Licensee” or “Licensed Dietitian” means an individual who

currently holds a License and who meets all of the requirements

outlined in Section 4.

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.

U. “Member State” means a State that has enacted the Compact.

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.

W. “Registered Dietitian” means a person who:

1. Has completed applicable education, experience, examination,

and recertification requirements approved by CDR;

2. Is credentialed by CDR as a registered dietitian or a

registered dietitian nutritionist; and

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3. Is legally authorized to use the title registered dietitian

or registered dietitian nutritionist and the corresponding

abbreviations “RD” or “RDN”.

X. “Remote State” means a Member State other than the Home

State, where a Licensee is exercising or seeking to exercise a

Compact Privilege.

Y. “Rule” means a regulation promulgated by the Compact

Commission that has the force of law.

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.

AA. “State” means any state, commonwealth, district, or

territory of the United States of America.

BB. “Unencumbered License” means a License that authorizes a

Licensee to engage in the full and unrestricted Practice of

Dietetics.

SECTION 3: STATE PARTICIPATION IN THE COMPACT

A. To participate in the Compact, a State must currently:

1. License and regulate the Practice of Dietetics; and

2. Have a mechanism in place for receiving and investigating

complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Compact Commission’s Data System,
ngage in the full and unrestricted Practice of

Dietetics.

SECTION 3: STATE PARTICIPATION IN THE COMPACT

A. To participate in the Compact, a State must currently:

1. License and regulate the Practice of Dietetics; and

2. Have a mechanism in place for receiving and investigating

complaints about Licensees.

B. A Member State shall:

1. Participate fully in the Compact Commission’s Data System,

including using the unique identifier as defined in Rules;

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;

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;

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.

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

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criminal history record information check performed by

a Member State;

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 Section 4 in accordance

with the terms of the Compact and Rules.

C. Member States may set and collect a fee for granting a

Compact Privilege.

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.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

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.

SECTION 4: COMPACT PRIVILEGE

A. To exercise the Compact Privilege under the terms and

provisions of the Compact, the Licensee shall:

1. Satisfy one of the following:

a. hold a valid current registration that gives the

applicant the right to use the term Registered

Dietitian, or

b. complete all of the following:

(1) an education program which is either:

(a) a master’s degree or doctoral degree that is

programmatically accredited by:
the Compact Privilege under the terms and

provisions of the Compact, the Licensee shall:

1. Satisfy one of the following:

a. hold a valid current registration that gives the

applicant the right to use the term Registered

Dietitian, or

b. complete all of the following:

(1) an education program which is either:

(a) a master’s degree or doctoral degree that is

programmatically accredited by:

(i) ACEND, or

(ii) a dietetics accrediting agency

recognized by the United States

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

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Accreditation and the United States

Department of Education, or

(b) an academic degree from a college or

university in a foreign country equivalent

to the degree described in subdivision (a)

that is programmatically accredited by:

(i) ACEND, or

(ii) a dietetics accrediting agency

recognized by the United States

Department of Education, which the

Compact Commission may by Rule

determine,

(2) a planned, documented, supervised practice

experience in dietetics that is programmatically

accredited by:

(a) ACEND, or

(b) a dietetics accrediting agency recognized by

the United States Department of Education

which the Compact Commission may by Rule

determine and which involves at least one

thousand (1,000) hours of practice

experience under the supervision of a

Registered Dietitian or a Licensed

Dietitian, and

(3) successful completion of either:

(a) the Registration Examination for Dietitians

administered by CDR, or

(b) a national credentialing examination for

dietitians approved by the Compact

Commission by Rule; such completion being no

more than five (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;

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(s);

4. Pay any applicable fees, including any State fee, for the

Compact Privilege;

5. Meet any Jurisprudence Requirements established by the

Remote State(s) 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 thirty (30) days from the date the action is taken.

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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 Section 4(A) to

maintain the Compact Privilege in the Remote State(s).

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.

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.

SECTION 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
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.

SECTION 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.

B. If a Licensee changes Home State by moving between two

Member States:

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;

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 Section 4 via

the Data System, and require that the Licensee complete the

following:

a. Federal Bureau of Investigation fingerprint based

criminal history record information check,

b. any other criminal history record information required

by the new Home State, and

c. any Jurisprudence Requirements of the new Home State;

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;

4. Notwithstanding any other provision of this Compact, if the

Licensee cannot meet the criteria in Section 4, the new Home State

may apply its requirements for issuing a new Single State License;

and

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5. The Licensee shall pay all applicable fees to the new Home

State in order to be issued a new Home State License.

C. 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, the State criteria shall apply for issuance

of a Single State License in the new State.

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.

E. Nothing in this Compact shall affect the requirements

established by a Member State for the issuance of a Single State

License.

SECTION 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.

SECTION 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:

1. Take Adverse Action against a Licensee’s Compact Privilege

within that Member State; and

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 is located.

B. Only the Home State shall have the power to take Adverse

Action against a Licensee’s Home State License.

C. For purposes of taking Adverse Action, the Home State shall

give the same priority and effect to reported conduct received from
pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the State in which

the witnesses or evidence is located.

B. Only the Home State shall have the power to take Adverse

Action against a Licensee’s Home State License.

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.

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(s) and shall promptly report the conclusions of

the investigations to the administrator of the Data System. The

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administrator of the Data System shall promptly notify the new Home

State of any Adverse Actions.

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.

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.

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.

2. Member States shall share any investigative, litigation, or

compliance materials in furtherance of any joint investigation

initiated under the Compact.

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(s) 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.

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 Section 4(A)

and follow the administrative requirements to reapply to obtain a

Compact Privilege in any Remote State.

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.

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.

SECTION 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 Section 12.

B. Membership, Voting, and Meetings.

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1. Each Member State shall have and be limited to one (1)

delegate selected by that Member State’s Licensing Authority.

2. The delegate shall be the primary administrator of the

Licensing Authority or their designee.

3. The Compact Commission shall by Rule or bylaw establish a
ection 12.

B. Membership, Voting, and Meetings.

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1. Each Member State shall have and be limited to one (1)

delegate selected by that Member State’s Licensing Authority.

2. The delegate shall be the primary administrator of the

Licensing Authority or their designee.

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.

4. The Compact Commission may recommend removal or suspension

of any delegate from office.

5. A Member State’s Licensing Authority shall fill any vacancy

of its delegate occurring on the Compact Commission within sixty

(60) days of the vacancy.

6. Each delegate shall be entitled to one vote on all matters

before the Compact Commission requiring a vote by the delegates.

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.

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.

C. The Compact Commission shall have the following powers:

1. Establish the fiscal year of the Compact Commission;

2. Establish code of conduct and conflict of interest policies;

3. Establish and amend Rules and bylaws;

4. Maintain its financial records in accordance with the

bylaws;

5. Meet and take such actions as are consistent with the

provisions of this Compact, the Compact Commission’s Rules, and the

bylaws;

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;

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;

8. Purchase and maintain insurance and bonds;

9. Borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a Member State;

10. Conduct an annual financial review;

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

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the Compact Commission’s personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

12. Assess and collect fees;

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;

14. Lease, purchase, retain, own, hold, improve, or use any

property, real, personal, or mixed, or any undivided interest

therein;

15. Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property, real, personal, or mixed;

16. Establish a budget and make expenditures;

17. Borrow money;

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;

19. Provide and receive information from, and cooperate with,

law enforcement agencies;

20. Establish and elect an Executive Committee, including a

chair and a vice chair;

21. Determine whether a State’s adopted language is materially
ate legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact or the

bylaws;

19. Provide and receive information from, and cooperate with,

law enforcement agencies;

20. Establish and elect an Executive Committee, including a

chair and a vice chair;

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

22. Perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact.

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:

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,

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,

c. ensure Compact administration services are

appropriately provided, including by contract,

d. prepare and recommend the budget,

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e. maintain financial records on behalf of the Compact

Commission,

f. monitor Compact compliance of Member States and

provide compliance reports to the Compact Commission,

g. establish additional committees as necessary,

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

i. other duties as provided in the Rules or bylaws of the

Compact Commission.

2. The Executive Committee shall be composed of nine (9)

members:

a. the chair and vice chair of the Compact Commission,

who shall be voting members of the Executive

Committee,

b. five voting members from the current membership of the

Compact Commission, elected by the Compact Commission,

c. one ex officio, nonvoting member from a recognized

professional association representing dietitians, and

d. one ex officio, nonvoting member from a recognized

national credentialing organization for dietitians.

3. The Compact Commission may remove any member of the

Executive Committee as provided in the Compact Commission’s bylaws.

4. The Executive Committee shall meet at least annually.

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

subsection (F)(2) of this section.

b. The Executive Committee shall give thirty (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.

c. The Executive Committee may hold a special meeting in

accordance with subsection (F)(1)(b) of this section.

E. The Compact Commission shall adopt and provide to the Member

States an annual report.

F. Meetings of the Compact Commission.

1. All meetings shall be open to the public, except that the

Compact Commission may meet in a closed, nonpublic meeting as

provided in subsection (F)(2) of this section.

a. Public notice for all meetings of the full Compact

Commission shall be given in the same manner as

required under the rulemaking provisions in Section

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10, except that the Compact Commission may hold a

special meeting as provided in subsection (F)(1)(b) of

this section.
g as

provided in subsection (F)(2) of this section.

a. Public notice for all meetings of the full Compact

Commission shall be given in the same manner as

required under the rulemaking provisions in Section

Oklahoma Statutes - Title 59. Professions and Occupations Page 1241

10, except that the Compact Commission may hold a

special meeting as provided in subsection (F)(1)(b) of

this section.

b. The Compact Commission may hold a special meeting when

it must meet to conduct emergency business by giving

twenty-four (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 shall certify that

the Compact Commission’s need to meet qualifies as an

emergency.

2. The Compact Commission or the Executive Committee or other

committees of the Compact Commission may convene in a closed,

nonpublic meeting for the Compact Commission or Executive Committee

or other committees of the Compact Commission to receive legal

advice or to discuss:

a. noncompliance of a Member State with its obligations

under the Compact,

b. the employment, compensation, discipline, or other

matters, practices, or procedures related to specific

employees,

c. current or threatened discipline of a Licensee by the

Compact Commission or by a Member State’s Licensing

Authority,

d. current, threatened, or reasonably anticipated

litigation,

e. negotiation of contracts for the purchase, lease, or

sale of goods, services, or real estate,

f. accusing any person of a crime or formally censuring

any person,

g. trade secrets or commercial or financial information

that is privileged or confidential,

h. information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of

personal privacy,

i. investigative records compiled for law enforcement

purposes,

j. information related to any investigative reports

prepared by or on behalf of or for use of the Compact

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact,

k. matters specifically exempted from disclosure by

federal or Member State law, or

l. other matters as specified in the Rules of the Compact

Commission.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1242

3. If a meeting, or portion of a meeting, is closed, the

presiding officer shall state that the meeting will be closed and

reference each relevant exempting provision, and such reference

shall be recorded in the minutes.

4. The Compact Commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall

provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed.

All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed

meeting shall remain under seal, subject to release only by a

majority vote of the Compact Commission or order of a court of

competent jurisdiction.

G. Financing of the Compact Commission.

1. The Compact Commission shall pay, or provide for the payment

of, the reasonable expenses of its establishment, organization, and

ongoing activities.

2. The Compact Commission may accept any and all appropriate

revenue sources as provided in subsection (C)(13) of this section.

3. 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
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 shall be allocated based upon a formula that the

Compact Commission shall promulgate by Rule.

4. The Compact Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Compact Commission pledge the credit of any of the Member

States, except by and with the authority of the Member State.

5. The Compact Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the

Compact Commission shall be subject to the financial review and

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Compact

Commission shall be subject to an annual financial review by a

certified or licensed public accountant, and the report of the

financial review shall be included in and become part of the annual

report of the Compact Commission.

H. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees and

representatives of the Compact Commission shall be immune from suit

and liability, both personally and in their official capacity, 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 1243

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; provided, that nothing in this paragraph shall

be construed to protect any such person from suit or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person. The procurement of

insurance of any type by the Compact Commission shall not in any way

compromise or limit the immunity granted hereunder.

2. The Compact Commission shall 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; provided that nothing

herein shall be construed to prohibit that person from retaining

their own counsel at their own expense; and provided further, that

the actual or alleged act, error, or omission did not result from

that person’s intentional or willful or wanton misconduct.

3. The Compact Commission shall 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,

provided that the actual or alleged act, error, or omission did not

result from the intentional or willful or wanton misconduct of that

person.

4. Nothing herein shall be construed as a limitation on the
ion 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,

provided that the actual or alleged act, error, or omission did not

result from the intentional or willful or wanton misconduct of that

person.

4. Nothing herein shall be construed as a limitation on the

liability of any Licensee for professional malpractice or

misconduct, which shall be governed solely by any other applicable

State laws.

5. Nothing in this Compact shall be interpreted to waive or

otherwise abrogate a Member State’s state action immunity or state

action affirmative defense with respect to antitrust claims under

the Sherman Act, Clayton Act, or any other State or federal

antitrust or anticompetitive law or regulation.

6. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity by the Member States or by the Compact

Commission.

SECTION 9: DATA SYSTEM

Oklahoma Statutes - Title 59. Professions and Occupations Page 1244

A. The Compact Commission shall provide for the development,

maintenance, operation, and utilization of a coordinated Data

System.

B. The Compact Commission shall assign each applicant for a

Compact Privilege a unique identifier, as determined by the Rules.

C. Notwithstanding any other provision of State law to the

contrary, a Member State shall 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, including:

1. Identifying information;

2. Licensure data;

3. Adverse Actions against a License or Compact Privilege and

information related thereto;

4. Nonconfidential information related to Alternative Program

participation, the beginning and ending dates of such participation,

and other information related to such participation not made

confidential under Member State law;

5. Any denial of application for licensure, and the reason(s)

for such denial;

6. The presence of Current Significant Investigative

Information; and

7. Other information that may facilitate the administration of

this Compact or the protection of the public, as determined by the

Rules of the Compact Commission.

D. 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, shall constitute the

authenticated business records of the Compact Commission, and shall

be entitled to any associated hearsay exception in any relevant

judicial, quasi-judicial, or administrative proceedings in a Member

State.

E. Current Significant Investigative Information pertaining to

a Licensee in any Member State will only be available to other

Member States.

F. 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 will be available to any other Member State.

G. Member States contributing information to the Data System

may designate information that may not be shared with the public

without the express permission of the contributing State.

H. 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 shall be removed from the

Data System.

SECTION 10: RULEMAKING

Oklahoma Statutes - Title 59. Professions and Occupations Page 1245

A. The Compact Commission shall promulgate reasonable Rules in

order to effectively and efficiently implement and administer the

purposes and provisions of the Compact. A Rule shall be invalid and

have no force or effect only if a court of competent jurisdiction

holds that the Rule is invalid because the Compact Commission
G

Oklahoma Statutes - Title 59. Professions and Occupations Page 1245

A. The Compact Commission shall promulgate reasonable Rules in

order to effectively and efficiently implement and administer the

purposes and provisions of the Compact. A Rule shall be invalid and

have 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 hereunder,

or based upon another applicable standard of review.

B. The Rules of the Compact Commission shall have the force of

law in each Member State; provided, however, that 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,

the Rules of the Compact Commission shall be ineffective in that

State to the extent of the conflict.

C. The Compact Commission shall exercise its rulemaking powers

pursuant to the criteria set forth in this section and the Rules

adopted thereunder. Rules shall become binding on the day following

adoption or as of the date specified in the Rule or amendment,

whichever is later.

D. 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

(4) years of the date of adoption of the Rule, then such Rule shall

have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of

the Compact Commission.

F. Prior to adoption of a proposed Rule, the Compact Commission

shall hold a public hearing and allow persons to provide oral and

written comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Compact

Commission, and at least thirty (30) days in advance of the meeting

at which the Compact Commission will hold a public hearing on the

proposed Rule, the Compact Commission shall provide a Notice of

Proposed rulemaking:

1. On the website of the Compact Commission or other publicly

accessible platform;

2. To persons who have requested notice of the Compact

Commission’s notices of proposed rulemaking; and

3. In such other way(s) as the Compact Commission may by Rule

specify.

H. The Notice of Proposed rulemaking shall include:

1. The time, date, and location of the public hearing at which

the Compact Commission will hear public comments on the proposed

Rule and, if different, the time, date, and location of the meeting

Oklahoma Statutes - Title 59. Professions and Occupations Page 1246

where the Compact Commission will consider and vote on the proposed

Rule;

2. If the hearing is held via telecommunication, video

conference, or other means of communication, the Compact Commission

shall include the mechanism for access to the hearing in the Notice

of Proposed rulemaking;

3. The text of the proposed Rule and the reason therefore;

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit written

comments.

I. All hearings will be recorded. A copy of the recording and

all written comments and documents received by the Compact

Commission in response to the proposed Rule shall be available to

the public.

J. Nothing in this section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Compact Commission at hearings required by this

section.

K. The Compact Commission shall, 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.

1. The Compact Commission may adopt changes to the proposed
ll be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Compact Commission at hearings required by this

section.

K. The Compact Commission shall, 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.

1. The Compact Commission may adopt changes to the proposed

Rule provided the changes do not enlarge the original purpose of the

proposed Rule.

2. The Compact Commission shall 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.

3. The Compact Commission shall determine a reasonable

effective date for the Rule. Except for an emergency as provided in

Section 10(L), the effective date of the Rule shall be no sooner

than thirty (30) days after issuing the notice that it adopted or

amended the Rule.

L. Upon determination that an emergency exists, the Compact

Commission may consider and adopt an emergency Rule with twenty-four

(24) hours’ notice, with opportunity to comment, provided that the

usual rulemaking procedures provided in the Compact and in this

section shall be retroactively applied to the Rule as soon as

reasonably possible, in no event later than ninety (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:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Compact Commission or Member State funds;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1247

3. Meet a deadline for the promulgation of a Rule that is

established by federal law or rule; or

4. Protect public health and safety.

M. The Compact Commission or an authorized committee of the

Compact Commission may direct revision to a previously adopted Rule

for purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revision shall be posted on the website of the Compact Commission.

The revision shall be subject to challenge by any person for a

period of thirty (30) days after posting. The revision may be

challenged only on grounds that the revision results in a material

change to a Rule. A challenge shall be made in writing and

delivered to the Compact Commission prior to the end of the notice

period. If no challenge is made, the revision will take effect

without further action. If the revision is challenged, the revision

may not take effect without the approval of the Compact Commission.

N. No Member State’s rulemaking requirements shall apply under

this Compact.

SECTION 11: OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight.

1. The executive and judicial branches of State government in

each Member State shall enforce this Compact and take all actions

necessary and appropriate to implement this Compact.

2. Except as otherwise provided in this Compact, venue is

proper and judicial proceedings by or against the Compact Commission

shall 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. Nothing herein shall

affect or limit the selection or propriety of venue in any action

against a Licensee for professional malpractice, misconduct, or any

such similar matter.

3. The Compact Commission shall be entitled to receive service

of process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide the

Compact Commission service of process shall render a judgment or
Licensee for professional malpractice, misconduct, or any

such similar matter.

3. The Compact Commission shall be entitled to receive service

of process in any proceeding regarding the enforcement or

interpretation of the Compact and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide the

Compact Commission service of process shall render a judgment or

order void as to the Compact Commission, this Compact, or

promulgated Rules.

B. Default, Technical Assistance, and Termination.

1. 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, the Compact Commission

shall provide written notice to the defaulting State. The notice of

default shall describe the default, the proposed means of curing the

default, and any other action that the Compact Commission may take

Oklahoma Statutes - Title 59. Professions and Occupations Page 1248

and shall offer training and specific technical assistance regarding

the default.

2. The Compact Commission shall provide a copy of the notice of

default to the other Member States.

C. If a State in default fails to cure the default, 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. A cure of the default does not relieve the offending

State of obligations or liabilities incurred during the period of

default.

D. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall 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 Authorities.

E. 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.

F. Upon the termination of a State’s membership from this

Compact, that State shall immediately provide notice to all

Licensees within that State of such termination. The terminated

State shall continue to recognize all Compact Privileges granted

pursuant to this Compact for a minimum of six (6) months after the

date of said notice of termination.

G. The Compact Commission shall 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.

H. The defaulting State may appeal the action of the Compact

Commission by petitioning the United States District Court for the

District of Columbia or the federal district where the Compact

Commission has its principal offices. The prevailing party shall be

awarded all costs of such litigation, including reasonable

attorney’s fees.

I. Dispute Resolution.

1. Upon request by a Member State, the Compact Commission shall

attempt to resolve disputes related to the Compact that arise among

Member States and between Member and non-Member States.

2. The Compact Commission shall promulgate a Rule providing for

both mediation and binding dispute resolution for disputes as

appropriate.

J. Enforcement.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1249

1. By supermajority vote, the Compact Commission may initiate

legal action against a Member State in default in the United States

District Court for the District of Columbia or the federal district

where the Compact Commission has its principal offices to enforce
spute resolution for disputes as

appropriate.

J. Enforcement.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1249

1. By supermajority vote, the Compact Commission may initiate

legal action against a Member State in default in the United States

District Court for the District of Columbia or the federal district

where the Compact Commission has its principal offices to enforce

compliance with the provisions of 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 shall be awarded all costs of such litigation,

including reasonable attorney’s fees. The remedies herein shall not

be 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.

2. A Member State may initiate legal action against the Compact

Commission in the United States District Court for the District of

Columbia or the federal district where the Compact Commission has

its principal offices to enforce compliance with the provisions of

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 shall be awarded all

costs of such litigation, including reasonable attorney’s fees.

3. No party other than a Member State shall enforce this

Compact against the Compact Commission.

SECTION 12: EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

A. The Compact shall come into effect on the date on which the

Compact statute is enacted into law in the seventh Member State.

1. On or after the effective date of the Compact, the Compact

Commission shall 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.

a. A Charter Member State whose enactment is found to be

materially different from the model Compact statute

shall be entitled to the default process set forth in

Section 11.

b. If any Member State is later found to be in default,

or is terminated, or withdraws from the Compact, the

Compact Commission shall remain in existence and the

Compact shall remain in effect even if the number of

Member States should be less than seven.

2. Member States enacting the Compact subsequent to the seven

initial Charter Member States shall be subject to the process set

forth in Section 8(C)(21) to determine if their enactments are

materially different from the model Compact statute and whether they

qualify for participation in the Compact.

3. 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

Oklahoma Statutes - Title 59. Professions and Occupations Page 1250

Commission coming into existence shall be considered to be actions

of the Compact Commission unless specifically repudiated by the

Compact Commission.

4. Any State that joins the Compact subsequent to the Compact

Commission’s initial adoption of the Rules and bylaws shall be

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 shall have the full

force and effect of law on the day the Compact becomes law in that

State.

B. Any Member State may withdraw from this Compact by enacting

a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until one

hundred eighty (180) days after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing State’s Licensing Authority to comply with the
he day the Compact becomes law in that

State.

B. Any Member State may withdraw from this Compact by enacting

a statute repealing the same.

1. A Member State’s withdrawal shall not take effect until one

hundred eighty (180) days after enactment of the repealing statute.

2. Withdrawal shall 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.

3. Upon the enactment of a statute withdrawing from this

Compact, a State shall immediately provide notice of such withdrawal

to all Licensees within that State. Notwithstanding any subsequent

statutory enactment to the contrary, such withdrawing State shall

continue to recognize all Compact Privileges granted pursuant to

this Compact for a minimum of one hundred eighty (180) days after

the date of such notice of withdrawal.

C. Nothing contained in this Compact shall be construed to

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 provisions of this Compact.

D. This Compact may be amended by the Member States. No

amendment to this Compact shall become effective and binding upon

any Member State until it is enacted into the laws of all Member

States.

SECTION 13: CONSTRUCTION AND SEVERABILITY

A. This Compact and the Compact Commission’s rulemaking

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 Compact

Commission’s rulemaking authority solely for those purposes.

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 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, the validity

Oklahoma Statutes - Title 59. Professions and Occupations Page 1251

of the remainder of this Compact and the applicability thereof to

any other government, agency, person, or circumstance shall not be

affected thereby.

C. Notwithstanding Section 13(B), the Compact Commission may

deny a State’s participation in the Compact or, in accordance with

the requirements of Section 11(B), 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 shall be held to be contrary to

the constitution of any Member State, the Compact shall 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.

SECTION 14: CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE

LAWS

A. Nothing herein shall prevent or inhibit the enforcement of

any other law of a Member State that is not inconsistent with the

Compact.

B. 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.

C. All permissible agreements between the Compact Commission

and the Member States are binding in accordance with their terms.