HB4465 - Relating to the dietitian licensure compact; authorizing a fee.

  89R15303 DNC-D     By: Isaac H.B. No. 4465       A BILL TO BE ENTITLED   AN ACT   relating to the dietitian licensure compact; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 701, Occupations Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. DIETITIAN LICENSURE COMPACT           Sec.   701.451.     DIETITIAN LICENSURE COMPACT. The Dietitian   Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   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; and           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   As used in this Compact, and except as otherwise provided, the   following definitions shall apply:           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.           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 as defined by state law and regulations,   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                 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, 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 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 gr [Text truncated for display. 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