House File 2375 - Introduced HOUSE FILE 2375 BY ISENHART , SIEGRIST , SIECK , SCHOLTEN , and BERGAN A BILL FOR An Act enacting the dietitian licensure compact. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 6110YH (5) 90 ss/ko

H.F. 2375 Section 1. NEW SECTION . 147I.1 Dietitian licensure compact. 1 1. Purpose. The purpose of this compact is to facilitate 2 interstate practice of dietetics with the goal of improving 3 public access to dietetics services. This compact preserves 4 the regulatory authority of states to protect public health and 5 safety through the current system of state licensure, while 6 also providing for licensure portability through a compact 7 privilege granted to qualifying professionals. This compact is 8 designed to achieve all of the following objectives: 9 a. Increase public access to dietetics services. 10 b. Provide opportunities for interstate practice by licensed 11 dietitians who meet uniform requirements. 12 c. Eliminate the necessity for licenses in multiple states. 13 d. Reduce administrative burden on member states and 14 licensees. 15 e. Enhance the states’ ability to protect the public’s 16 health and safety. 17 f. Encourage the cooperation of member states in regulating 18 multistate practice of licensed dietitians. 19 g. Support relocating active military members and their 20 spouses. 21 h. Enhance the exchange of licensure, investigative, and 22 disciplinary information among member states. 23 i. Vest all member states with the authority to hold a 24 licensed dietitian accountable for meeting all state practice 25 laws in the state in which the patient is located at the time 26 care is rendered. 27 2. Definitions. As used in this compact, and except as 28 otherwise provided, the following definitions shall apply: 29 a. “ACEND” means the accreditation council for education in 30 nutrition and dietetics or its successor organization. 31 b. “Active military member” means any individual with 32 full-time duty status in the active armed forces of the United 33 States, including members of the national guard and reserve. 34 c. “Adverse action” means any administrative, civil, 35 -1- LSB 6110YH (5) 90 ss/ko 1/ 31

H.F. 2375 equitable, or criminal action permitted by a state’s laws which 1 is imposed by a licensing authority or other authority against 2 a licensee, including actions against an individual’s license 3 or compact privilege such as revocation, suspension, probation, 4 monitoring of the licensee, limitation on the licensee’s 5 practice, or any other encumbrance on licensure affecting a 6 licensee’s authorization to practice, including issuance of a 7 cease and desist action. 8 d. “Alternative program” means a nondisciplinary monitoring 9 or practice remediation process approved by a licensing 10 authority. 11 e. “CDR” means the commission on dietetic registration or 12 its successor organization. 13 f. “Charter member state” means any member state which 14 enacted this compact by law before the effective date specified 15 in subsection 12. 16 g. “Compact commission” means the government agency whose 17 membership consists of all states that have enacted this 18 compact, which is known as the dietitian licensure compact 19 commission, as described in subsection 8, and which shall 20 operate as an instrumentality of the member states. 21 h. “Compact privilege” means a legal authorization, which is 22 equivalent to a license, permitting the practice of dietetics 23 in a remote state. 24 i. “Continuing education” means a requirement, as 25 a condition of license renewal, to provide evidence of 26 participation in, and completion of, educational and 27 professional activities relevant to practice or area of work. 28 j. “Current significant investigative information” means all 29 of the following: 30 (1) Investigative information that a licensing authority, 31 after a preliminary inquiry that includes notification and an 32 opportunity for the subject licensee to respond, if required 33 by state law, has reason to believe is not groundless and, if 34 proved true, would indicate more than a minor infraction. 35 -2- LSB 6110YH (5) 90 ss/ko 2/ 31

H.F. 2375 (2) Investigative information that indicates that the 1 subject licensee represents an immediate threat to public 2 health and safety regardless of whether the subject licensee 3 has been notified and had an opportunity to respond. 4 k. “Data system” means a repository of information about 5 licensees, including but not limited to continuing education, 6 examination, licensure, investigative, compact privilege, and 7 adverse action information. 8 l. “Encumbered license” means a license in which an adverse 9 action restricts a licensee’s ability to practice dietetics. 10 m. “Encumbrance” means a revocation or suspension of, or any 11 limitation on a licensee’s full and unrestricted practice of 12 dietetics by a licensing authority. 13 n. “Executive committee” means a group of delegates elected 14 or appointed to act on behalf of, and within the powers granted 15 to them by, this compact, and the compact commission. 16 o. “Home state” means the member state that is the 17 licensee’s primary state of residence or that has been 18 designated pursuant to subsection 6. 19 p. “Investigative information” means information, records, 20 and documents received or generated by a licensing authority 21 pursuant to an investigation. 22 q. “Jurisprudence requirement” means an assessment of an 23 individual’s knowledge of the state laws and regulations 24 governing the practice of dietetics in such state. 25 r. “License” means an authorization from a member state to 26 do either of the following: 27 (1) Engage in the practice of dietetics, including medical 28 nutrition therapy. 29 (2) Use the title dietitian, licensed dietitian, licensed 30 dietitian nutritionist, certified dietitian, or other title 31 describing a substantially similar practitioner as the compact 32 commission may further define by rule. 33 s. “Licensee” or “licensed dietitian” means an individual 34 who currently holds a license and who meets all of the 35 -3- LSB 6110YH (5) 90 ss/ko 3/ 31

H.F. 2375 requirements outlined in subsection 4. 1 t. “Licensing authority” means the board or agency of a 2 state, or equivalent, that is responsible for the licensing and 3 regulation of the practice of dietetics. 4 u. “Member state” means a state that has enacted the 5 compact. 6 v. “Practice of dietetics” means the synthesis and 7 application of dietetics, primarily for the provision of 8 nutrition care services, including medical nutrition therapy, 9 in person or via telehealth, to prevent, manage, or treat 10 diseases or medical conditions and promote wellness. 11 w. “Registered dietitian” means a person who meets all of 12 the following requirements: 13 (1) Has completed applicable education, experience, 14 examination, and recertification requirements approved by CDR. 15 (2) Is credentialed by CDR as a registered dietitian or a 16 registered dietitian nutritionist. 17 (3) Is legally authorized to use the title registered 18 dietitian or registered dietitian nutritionist and the 19 corresponding abbreviations “RD” or “RDN”. 20 x. “Remote state” means a member state other than the home 21 state, where a licensee is exercising or seeking to exercise a 22 compact privilege. 23 y. “Rule” means a regulation promulgated by the compact 24 commission that has the force of law. 25 z. “Single state license” means a license issued by a member 26 state within the issuing state and does not include a compact 27 privilege in any other member state. 28 aa. “State” means any state, commonwealth, district, or 29 territory of the United States of America. 30 ab. “Unencumbered license” means a license that authorizes 31 a licensee to engage in the full and unrestricted practice of 32 dietetics. 33 3. State participation in the compact. 34 a. To participate in the compact, a state must currently do 35 -4- LSB 6110YH (5) 90 ss/ko 4/ 31

H.F. 2375 all of the following: 1 (1) License and regulate the practice of dietetics. 2 (2) Have a mechanism in place for receiving and 3 investigating complaints about licensees. 4 b. A member state shall do all of the following: 5 (1) Participate fully in the compact commission’s data 6 system, including using the unique identifier as defined in 7 rules. 8 (2) Notify the compact commission, in compliance with the 9 terms of the compact and rules, of any adverse action or the 10 availability of current significant investigative information 11 regarding a licensee. 12 (3) Implement or utilize procedures for considering the 13 criminal history record information of applicants for an 14 initial compact privilege. These procedures shall include the 15 submission of fingerprints or other biometric-based information 16 by applicants for the purpose of obtaining an applicant’s 17 criminal history record information from the federal bureau of 18 investigation and the agency responsible for retaining that 19 state’s criminal records. 20 (a) A member state must fully implement a criminal history 21 record information requirement, within a time frame established 22 by rule, which includes receiving the results of the federal 23 bureau of investigation record search and shall use those 24 results in determining compact privilege eligibility. 25 (b) Communication between a member state and the compact 26 commission or among member states regarding the verification 27 of eligibility for a compact privilege shall not include any 28 information received from the federal bureau of investigation 29 relating to a federal criminal history record information check 30 performed by a member state. 31 (4) Comply with and enforce the rules of the compact 32 commission. 33 (5) Require an applicant for a compact privilege to obtain 34 or retain a license in the licensee’s home state and meet 35 -5- LSB 6110YH (5) 90 ss/ko 5/ 31

H.F. 2375 the home state’s qualifications for licensure or renewal of 1 licensure, as well as all other applicable state laws. 2 (6) Recognize a compact privilege granted to a licensee 3 who meets all of the requirements outlined in subsection 4 in 4 accordance with the terms of the compact and rules. 5 c. Member states may set and collect a fee for granting a 6 compact privilege. 7 d. Individuals not residing in a member state shall continue 8 to be able to apply for a member state’s single state license 9 as provided under the laws of each member state. However, the 10 single state license granted to these individuals shall not be 11 recognized as granting a compact privilege to engage in the 12 practice of dietetics in any other member state. 13 e. Nothing in this compact shall affect the requirements 14 established by a member state for the issuance of a single 15 state license. 16 f. At no point shall the compact commission have the power 17 to define the requirements for the issuance of a single state 18 license to practice dietetics. The member states shall retain 19 sole jurisdiction over the provision of these requirements. 20 4. Compact privilege. 21 a. To exercise the compact privilege under the terms and 22 provisions of the compact, the licensee shall do all of the 23 following: 24 (1) Satisfy one of the following: 25 (a) Hold a valid current registration that gives the 26 applicant the right to use the term registered dietitian. 27 (b) Complete all of the following: 28 (i) An education program that is either of the following: 29 (A) A master’s degree or doctoral degree that is 30 programmatically accredited by ACEND or a dietetics accrediting 31 agency recognized by the United States department of education, 32 which the compact commission may by rule determine, and from a 33 college or university accredited at the time of graduation by 34 the appropriate regional accrediting agency recognized by the 35 -6- LSB 6110YH (5) 90 ss/ko 6/ 31

H.F. 2375 council on higher education accreditation and the United States 1 department of education. 2 (B) An academic degree from a college or university in 3 a foreign country equivalent to the degree described in 4 subparagraph part (A) that is programmatically accredited by 5 ACEND or a dietetics accrediting agency recognized by the 6 United States department of education, which the compact 7 commission may by rule determine. 8 (ii) A planned, documented, supervised practice experience 9 in dietetics that is programmatically accredited by ACEND or a 10 dietetics accrediting agency recognized by the United States 11 department of education which the compact commission may by 12 rule determine and which involves at least one thousand hours 13 of practice experience under the supervision of a registered 14 dietitian or a licensed dietitian. 15 (iii) Successful completion of either the registration 16 examination for dietitians administered by CDR or a national 17 credentialing examination for dietitians approved by the 18 compact commission by rule; such completion being no more than 19 five years prior to the date of the licensee’s application for 20 initial licensure and accompanied by a period of continuous 21 licensure thereafter, all of which may be further governed by 22 the rules of the compact commission. 23 (2) Hold an unencumbered license in the home state. 24 (3) Notify the compact commission that the licensee is 25 seeking a compact privilege within a remote state. 26 (4) Pay any applicable fees, including any state fee, for 27 the compact privilege. 28 (5) Meet any jurisprudence requirements established by 29 the remote state in which the licensee is seeking a compact 30 privilege. 31 (6) Report to the compact commission any adverse action, 32 encumbrance, or restriction on a license taken by any nonmember 33 state within thirty days from the date the action is taken. 34 b. The compact privilege is valid until the expiration date 35 -7- LSB 6110YH (5) 90 ss/ko 7/ 31

H.F. 2375 of the home state license. To maintain a compact privilege, 1 renewal of the compact privilege shall be congruent with the 2 renewal of the home state license as the compact commission may 3 define by rule. The licensee must comply with the requirements 4 of paragraph “a” to maintain the compact privilege in the remote 5 state. 6 c. A licensee exercising a compact privilege shall adhere to 7 the laws and regulations of the remote state. A licensee shall 8 be responsible for obtaining education on, and complying with, 9 any and all state laws relating to the practice of dietetics in 10 such remote state. 11 d. Notwithstanding anything to the contrary provided in this 12 compact or state law, a licensee exercising a compact privilege 13 shall not be required to complete continuing education 14 requirements required by a remote state. A licensee exercising 15 a compact privilege is only required to meet any continuing 16 education requirements as required by the home state. 17 5. Obtaining a new home state license based on a compact 18 privilege. 19 a. A licensee may hold a home state license, which allows 20 for a compact privilege in other member states, in only one 21 member state at a time. 22 b. If a licensee changes home state by moving between two 23 member states, the following shall occur: 24 (1) The licensee shall file an application for obtaining a 25 new home state license based on a compact privilege, pay all 26 applicable fees, and notify the current and new home state in 27 accordance with the rules of the compact commission. 28 (2) Upon receipt of an application for obtaining a new home 29 state license by virtue of a compact privilege, the new home 30 state shall verify that the licensee meets the criteria in 31 subsection 4 via the data system, and require that the licensee 32 complete all of the following: 33 (a) Federal bureau of investigation fingerprint-based 34 criminal history record information check. 35 -8- LSB 6110YH (5) 90 ss/ko 8/ 31

H.F. 2375 (b) Any other criminal history record information required 1 by the new home state. 2 (c) Any jurisprudence requirements of the new home state. 3 (3) The former home state shall convert the former home 4 state license into a compact privilege once the new home state 5 has activated the new home state license in accordance with 6 applicable rules adopted by the compact commission. 7 (4) Notwithstanding any other provision of this compact, if 8 the licensee cannot meet the criteria in subsection 4, the new 9 home state may apply its requirements for issuing a new single 10 state license. 11 (5) The licensee shall pay all applicable fees to the new 12 home state in order to be issued a new home state license. 13 c. If a licensee changes their state of residence by moving 14 from a member state to a nonmember state, or from a nonmember 15 state to a member state, the state criteria shall apply for 16 issuance of a single state license in the new state. 17 d. Nothing in this compact shall interfere with a licensee’s 18 ability to hold a single state license in multiple states; 19 however, for the purposes of this compact, a licensee shall 20 have only one home state license. 21 e. Nothing in this compact shall affect the requirements 22 established by a member state for the issuance of a single 23 state license. 24 6. Active military members or their spouses. An active 25 military member, or the active military member’s spouse, shall 26 designate a home state where the individual has a current 27 license in good standing. The individual may retain the home 28 state designation during the period the service member is on 29 active duty. 30 7. Adverse actions. 31 a. In addition to the other powers conferred by state law, 32 a remote state shall have the authority, in accordance with 33 existing state due process law, to do all of the following: 34 (1) Take adverse action against a licensee’s compact 35 -9- LSB 6110YH (5) 90 ss/ko 9/ 31

H.F. 2375 privilege within that member state. 1 (2) Issue subpoenas for both hearings and investigations 2 that require the attendance and testimony of witnesses as well 3 as the production of evidence. Subpoenas issued by a licensing 4 authority in a member state for the attendance and testimony 5 of witnesses or the production of evidence from another member 6 state shall be enforced in the latter state by any court of 7 competent jurisdiction, according to the practice and procedure 8 applicable to subpoenas issued in proceedings pending before 9 that court. The issuing authority shall pay any witness 10 fees, travel expenses, mileage, and other fees required by 11 the service statutes of the state in which the witnesses or 12 evidence are located. 13 b. Only the home state shall have the power to take adverse 14 action against a licensee’s home state license. 15 c. For purposes of taking adverse action, the home state 16 shall give the same priority and effect to reported conduct 17 received from a member state as it would if the conduct had 18 occurred within the home state. In so doing, the home state 19 shall apply its own state laws to determine appropriate action. 20 d. The home state shall complete any pending investigations 21 of a licensee who changes home states during the course of 22 the investigations. The home state shall also have authority 23 to take appropriate action and shall promptly report the 24 conclusions of the investigations to the administrator of 25 the data system. The administrator of the data system shall 26 promptly notify the new home state of any adverse actions. 27 e. A member state, if otherwise permitted by state law, may 28 recover from the affected licensee the costs of investigations 29 and dispositions of cases resulting from any adverse action 30 taken against that licensee. 31 f. A member state may take adverse action based on the 32 factual findings of another remote state, provided that the 33 member state follows its own procedures for taking the adverse 34 action. 35 -10- LSB 6110YH (5) 90 ss/ko 10/ 31

H.F. 2375 g. Joint investigations. 1 (1) In addition to the authority granted to a member state 2 by its respective state law, any member state may participate 3 with other member states in joint investigations of licensees. 4 (2) Member states shall share any investigative, 5 litigation, or compliance materials in furtherance of any joint 6 investigation initiated under the compact. 7 h. If adverse action is taken by the home state against a 8 licensee’s home state license resulting in an encumbrance on 9 the home state license, the licensee’s compact privilege in all 10 other member states shall be revoked until all encumbrances 11 have been removed from the home state license. All home state 12 disciplinary orders that impose adverse action against a 13 licensee shall include a statement that the licensee’s compact 14 privileges are revoked in all member states during the pendency 15 of the order. 16 i. Once an encumbered license in the home state is restored 17 to an unencumbered license, as certified by the home state’s 18 licensing authority, the licensee must meet the requirements 19 of subsection 4, paragraph “a” , and follow the administrative 20 requirements to reapply to obtain a compact privilege in any 21 remote state. 22 j. If a member state takes adverse action, it shall promptly 23 notify the administrator of the data system. The administrator 24 of the data system shall promptly notify the other member 25 states of any adverse actions. 26 k. Nothing in this compact shall override a member state’s 27 decision that participation in an alternative program may be 28 used in lieu of adverse action. 29 8. Establishment of the dietitian licensure compact 30 commission. 31 a. The compact member states hereby create and establish a 32 joint government agency whose membership consists of all member 33 states that have enacted the compact known as the dietitian 34 licensure compact commission. The compact commission is an 35 -11- LSB 6110YH (5) 90 ss/ko 11/ 31

H.F. 2375 instrumentality of the compact states acting jointly and not 1 an instrumentality of any one state. The compact commission 2 shall come into existence on or after the effective date of the 3 compact as set forth in subsection 12. 4 b. Membership, voting, and meetings. 5 (1) Each member state shall have and be limited to one 6 delegate selected by that member state’s licensing authority. 7 (2) The delegate shall be the primary administrator of the 8 licensing authority or the administrator’s designee. 9 (3) The compact commission shall by rule or bylaw establish 10 a term of office for delegates and may by rule or bylaw 11 establish term limits. 12 (4) The compact commission may recommend removal or 13 suspension of any delegate from office. 14 (5) A member state’s licensing authority shall fill any 15 vacancy of its delegate occurring on the compact commission 16 within sixty days of the vacancy. 17 (6) Each delegate shall be entitled to one vote on all 18 matters before the compact commission requiring a vote by the 19 delegates. 20 (7) Delegates shall meet and vote by such means as set forth 21 in the bylaws. The bylaws may provide for delegates to meet 22 and vote in person or by telecommunication, video conference, 23 or other means of communication. 24 (8) The compact commission shall meet at least once during 25 each calendar year. Additional meetings may be held as set 26 forth in the bylaws. The compact commission may meet in person 27 or by telecommunication, video conference, or other means of 28 communication. 29 c. The compact commission shall have all of the following 30 powers: 31 (1) Establish the fiscal year of the compact commission. 32 (2) Establish code of conduct and conflict of interest 33 policies. 34 (3) Establish and amend rules and bylaws. 35 -12- LSB 6110YH (5) 90 ss/ko 12/ 31

H.F. 2375 (4) Maintain financial records in accordance with the 1 bylaws. 2 (5) Meet and take such actions as are consistent with the 3 provisions of this compact, the compact commission’s rules, and 4 the bylaws. 5 (6) Initiate and conclude legal proceedings or actions in 6 the name of the compact commission, provided that the standing 7 of any licensing authority to sue or be sued under applicable 8 law shall not be affected. 9 (7) Maintain and certify records and information provided 10 to a member state as the authenticated business records of the 11 compact commission, and designate an agent to do so on the 12 compact commission’s behalf. 13 (8) Purchase and maintain insurance and bonds. 14 (9) Borrow, accept, or contract for services of personnel, 15 including but not limited to employees of a member state. 16 (10) Conduct an annual financial review. 17 (11) Hire employees, elect or appoint officers, fix 18 compensation, define duties, grant such individuals appropriate 19 authority to carry out the purposes of the compact, and 20 establish the compact commission’s personnel policies and 21 programs relating to conflicts of interest, qualifications of 22 personnel, and other related personnel matters. 23 (12) Assess and collect fees. 24 (13) Accept any and all appropriate donations, grants 25 of money, other sources of revenue, equipment, supplies, 26 materials, services, and gifts, and receive, utilize, and 27 dispose of the same, provided that at all times the compact 28 commission shall avoid any actual or appearance of impropriety 29 or conflict of interest. 30 (14) Lease, purchase, retain, own, hold, improve, or use any 31 property, real, personal, or mixed, or any undivided interest 32 therein. 33 (15) Sell, convey, mortgage, pledge, lease, exchange, 34 abandon, or otherwise dispose of any property real, personal, 35 -13- LSB 6110YH (5) 90 ss/ko 13/ 31

H.F. 2375 or mixed. 1 (16) Establish a budget and make expenditures. 2 (17) Borrow money. 3 (18) Appoint committees, including standing committees, 4 composed of members, state regulators, state legislators or 5 their representatives, and consumer representatives, and such 6 other interested persons as may be designated in this compact 7 or the bylaws. 8 (19) Provide and receive information from, and cooperate 9 with, law enforcement agencies. 10 (20) Establish and elect an executive committee, including 11 a chair and a vice chair. 12 (21) Determine whether a state’s adopted language is 13 materially different from the model compact language such that 14 the state would not qualify for participation in the compact. 15 (22) Perform such other functions as may be necessary or 16 appropriate to achieve the purposes of this compact. 17 d. The executive committee. 18 (1) The executive committee shall have the power to act 19 on behalf of the compact commission according to the terms of 20 this compact. The powers, duties, and responsibilities of the 21 executive committee shall include all of the following: 22 (a) Oversee the day-to-day activities of the administration 23 of the compact including enforcement and compliance with the 24 provisions of the compact, rules, and bylaws, and other such 25 duties as deemed necessary. 26 (b) Recommend to the compact commission changes to the rules 27 or bylaws, changes to this compact legislation, fees charged 28 to compact member states, fees charged to licensees, and other 29 fees. 30 (c) Ensure compact administration services are 31 appropriately provided, including by contract. 32 (d) Prepare and recommend the budget. 33 (e) Maintain financial records on behalf of the compact 34 commission. 35 -14- LSB 6110YH (5) 90 ss/ko 14/ 31

H.F. 2375 (f) Monitor compact compliance of member states and provide 1 compliance reports to the compact commission. 2 (g) Establish additional committees as necessary. 3 (h) Exercise the powers and duties of the compact commission 4 during the interim between compact commission meetings, except 5 for adopting or amending rules, adopting or amending bylaws, 6 and exercising any other powers and duties expressly reserved 7 to the compact commission by rule or bylaw. 8 (i) Other duties as provided in the rules or bylaws of the 9 compact commission. 10 (2) The executive committee shall be composed of the 11 following nine members: 12 (a) The chair and vice chair of the compact commission shall 13 be voting members of the executive committee. 14 (b) Five voting members from the current membership of the 15 compact commission, elected by the compact commission. 16 (c) One ex officio, nonvoting member from a recognized 17 professional association representing dietitians. 18 (d) One ex officio, nonvoting member from a recognized 19 national credentialing organization for dietitians. 20 (3) The compact commission may remove any member of the 21 executive committee as provided in the compact commission’s 22 bylaws. 23 (4) The executive committee shall meet at least annually. 24 (a) Executive committee meetings shall be open to the 25 public, except that the executive committee may meet in 26 a closed, nonpublic meeting as provided in paragraph “f” , 27 subparagraph (2). 28 (b) The executive committee shall give thirty days’ notice 29 of its meetings, posted on the internet site of the compact 30 commission and as determined to provide notice to persons with 31 an interest in the business of the compact commission. 32 (c) The executive committee may hold a special meeting in 33 accordance with paragraph “f” , subparagraph (1), subparagraph 34 division (b). 35 -15- LSB 6110YH (5) 90 ss/ko 15/ 31

H.F. 2375 e. The compact commission shall adopt and provide to the 1 member states an annual report. 2 f. Meetings of the compact commission. 3 (1) All meetings shall be open to the public, except that 4 the compact commission may meet in a closed, nonpublic meeting 5 as provided in subparagraph (2). 6 (a) Public notice for all meetings of the full compact 7 commission shall be given in the same manner as required under 8 the rulemaking provisions in subsection 10, except that the 9 compact commission may hold a special meeting as provided in 10 subparagraph division (b). 11 (b) The compact commission may hold a special meeting 12 when it must meet to conduct emergency business by giving 13 twenty-four hours’ notice to all member states, on the compact 14 commission’s internet site, and other means as provided in the 15 compact commission’s rules. The compact commission’s legal 16 counsel shall certify that the compact commission’s need to 17 meet qualifies as an emergency. 18 (2) The compact commission or the executive committee 19 or other committees of the compact commission may convene 20 in a closed, nonpublic meeting for the compact commission 21 or executive committee or other committees of the compact 22 commission to receive legal advice or to discuss any of the 23 following: 24 (a) Noncompliance of a member state with the member state’s 25 obligations under the compact. 26 (b) The employment, compensation, discipline, or other 27 matters, practices, or procedures related to specific 28 employees. 29 (c) Current or threatened discipline of a licensee by the 30 compact commission or by a member state’s licensing authority. 31 (d) Current, threatened, or reasonably anticipated 32 litigation. 33 (e) Negotiation of contracts for the purchase, lease, or 34 sale of goods, services, or real estate. 35 -16- LSB 6110YH (5) 90 ss/ko 16/ 31

H.F. 2375 (f) Accusing any person of a crime or formally censuring any 1 person. 2 (g) Trade secrets or commercial or financial information 3 that is privileged or confidential. 4 (h) Information of a personal nature where disclosure would 5 constitute a clearly unwarranted invasion of personal privacy. 6 (i) Investigative records compiled for law enforcement 7 purposes. 8 (j) Information related to any investigative reports 9 prepared by or on behalf of or for use of the compact 10 commission or other committee charged with responsibility of 11 investigation or determination of compliance issues pursuant 12 to the compact. 13 (k) Matters specifically exempted from disclosure by 14 federal or member state law. 15 (l) Other matters as specified in the rules of the compact 16 commission. 17 (3) If a meeting, or portion of a meeting, is closed, the 18 presiding officer shall state that the meeting will be closed 19 and reference each relevant exempting provision, and such 20 reference shall be recorded in the minutes. 21 (4) The compact commission shall keep minutes that fully 22 and clearly describe all matters discussed in a meeting and 23 shall provide a full and accurate summary of actions taken, and 24 the reasons therefore, including a description of the views 25 expressed. All documents considered in connection with an 26 action shall be identified in such minutes. All minutes and 27 documents of a closed meeting shall remain under seal, subject 28 to release only by a majority vote of the compact commission or 29 order of a court of competent jurisdiction. 30 g. Financing the compact commission. 31 (1) The compact commission shall pay, or provide for the 32 payment of, the reasonable expenses of its establishment, 33 organization, and ongoing activities. 34 (2) The compact commission may accept any and all 35 -17- LSB 6110YH (5) 90 ss/ko 17/ 31

H.F. 2375 appropriate revenue sources as provided in paragraph “c” , 1 subparagraph (13). 2 (3) The compact commission may levy on and collect an annual 3 assessment from each member state and impose fees on licensees 4 of member states to whom the commission grants a compact 5 privilege to cover the cost of the operations and activities of 6 the compact commission and the commission’s staff, which must, 7 in a total amount, be sufficient to cover the commission’s 8 annual budget as approved each year for which revenue is not 9 provided by other sources. The aggregate annual assessment 10 amount for member states shall be allocated based upon a 11 formula that the compact commission shall promulgate by rule. 12 (4) The compact commission shall not incur obligations of 13 any kind prior to securing the funds adequate to meet the same, 14 nor shall the compact commission pledge the credit of any of 15 the member states, except by and with the authority of the 16 member state. 17 (5) The compact commission shall keep accurate accounts of 18 all receipts and disbursements. The receipts and disbursements 19 of the compact commission shall be subject to the financial 20 review and accounting procedures established under its bylaws. 21 However, all receipts and disbursements of funds handled by 22 the compact commission shall be subject to an annual financial 23 review by a certified or licensed public accountant, and the 24 report of the financial review shall be included in and become 25 part of the annual report of the compact commission. 26 h. Qualified immunity, defense, and indemnification. 27 (1) The members, officers, executive director, employees, 28 and representatives of the compact commission shall be immune 29 from suit and liability, both personally and in their official 30 capacities, for any claim for damage to or loss of property or 31 personal injury or other civil liability caused by or arising 32 out of any actual or alleged act, error, or omission that 33 occurred, or that the person against whom the claim is made 34 had a reasonable basis for believing occurred within the scope 35 -18- LSB 6110YH (5) 90 ss/ko 18/ 31

H.F. 2375 of compact commission employment, duties, or responsibilities, 1 provided that nothing in this subparagraph shall be construed 2 to protect any such person from suit or liability for any 3 damage, loss, injury, or liability caused by the intentional or 4 willful or wanton misconduct of that person. The procurement 5 of insurance of any type by the compact commission shall not in 6 any way compromise or limit the immunity granted hereunder. 7 (2) The compact commission shall defend any member, 8 officer, executive director, employee, and representative of 9 the compact commission in any civil action seeking to impose 10 liability arising out of any actual or alleged act, error, or 11 omission that occurred within the scope of compact commission 12 employment, duties, or responsibilities, or as determined 13 by the compact commission that the person against whom the 14 claim is made had a reasonable basis for believing occurred 15 within the scope of compact commission employment, duties, 16 or responsibilities, provided that nothing herein shall be 17 construed to prohibit that person from retaining their own 18 counsel at their own expense, and provided further that the 19 actual or alleged act, error, or omission did not result from 20 that person’s intentional or willful or wanton misconduct. 21 (3) The compact commission shall indemnify and hold 22 harmless any member, officer, executive director, employee, and 23 representative of the compact commission for the amount of any 24 settlement or judgment obtained against that person arising out 25 of any actual or alleged act, error, or omission that occurred 26 within the scope of compact commission employment, duties, or 27 responsibilities, or that such person had a reasonable basis 28 for believing occurred within the scope of compact commission 29 employment, duties, or responsibilities, provided that the 30 actual or alleged act, error, or omission did not result from 31 the intentional or willful or wanton misconduct of that person. 32 (4) Nothing herein shall be construed as a limitation on 33 the liability of any licensee for professional malpractice 34 or misconduct, which shall be governed solely by any other 35 -19- LSB 6110YH (5) 90 ss/ko 19/ 31

H.F. 2375 applicable state laws. 1 (5) Nothing in this compact shall be interpreted to waive 2 or otherwise abrogate a member state’s state action immunity 3 or state action affirmative defense with respect to antitrust 4 claims under the federal Sherman Act, federal Clayton Act, or 5 any other state or federal antitrust or anticompetitive law or 6 regulation. 7 (6) Nothing in this compact shall be construed to be a 8 waiver of sovereign immunity by the member states or by the 9 compact commission. 10 9. Data system. 11 a. The compact commission shall provide for the development, 12 maintenance, operation, and utilization of a coordinated data 13 system. 14 b. The compact commission shall assign each applicant for 15 a compact privilege a unique identifier, as determined by the 16 rules. 17 c. Notwithstanding any other provision of state law to the 18 contrary, a member state shall submit a uniform data set to 19 the data system on all individuals to whom this compact is 20 applicable as required by the rules of the compact commission, 21 including all of the following: 22 (1) Identifying information. 23 (2) Licensure data. 24 (3) Adverse actions against a license or compact privilege 25 and information related thereto. 26 (4) Nonconfidential information related to alternative 27 program participation, the beginning and ending dates of 28 such participation, and other information related to such 29 participation not made confidential under member state law. 30 (5) Any denial of application for licensure, and the reason 31 for such denial. 32 (6) The presence of current significant investigative 33 information. 34 (7) Other information that may facilitate the 35 -20- LSB 6110YH (5) 90 ss/ko 20/ 31