OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 211 Bill Analysis
135th General Assembly
Click here for S.B. 211’s Fiscal Note
Version: As Reported by House Health Provider Services
Primary Sponsor: Sen. Roegner
Effective Date:
Elizabeth Molnar, Attorney
SUMMARY
Dietitian Licensure Compact
▪ Enters Ohio as a party to the Dietitian Licensure Compact, the purpose of which is to
facilitate the interstate practice of dietetics and improve public access to dietetics
services.
▪ As a member of the Compact, requires Ohio to allow a dietitian licensed in another
member state to practice in Ohio, subject to Ohio’s laws and rules governing the practice
of dietetics.
▪ Requires the State Medical Board to appoint a member to the Dietitian Licensure
Compact Commission – a joint government agency created by the Compact to enforce
the provisions and rules of the Compact.
▪ Requires Ohio to submit data regarding dietetics licensees to the Commission’s data
system, including information related to identification, examination, licensure,
investigations, compact privilege, and adverse action.
9-8-8 Suicide Prevention and Mental Health Crisis Hotline
▪ Adds 9-8-8 suicide and crisis response to the powers and duties of the Director of Mental
Health and Addiction Services.
▪ Establishes a 9-8-8 Administrator within the Department of Mental Health and Addiction
Services to oversee the administration of the 9-8-8 Suicide Prevention and Mental Health
Crisis Hotline System (9-8-8 Hotline) statewide.
This analysis was prepared before the report of the House Health Provider Services Committee appeared
in the House Journal. Note that the legislative history may be incomplete.
December 17, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Requires the 9-8-8 Administrator to submit an annual report to the General Assembly and
the Governor regarding the operation of the 9-8-8 National Suicide Prevention and
Mental Health Crisis Hotline in Ohio.
▪ Creates the 9-8-8 Fund in the state treasury, consisting of money from sources including
appropriations from the General Assembly, to be used to oversee and administer the
9-8-8 Hotline.
▪ Requires the Treasurer of State to disburse money from the 9-8-8 Fund only upon the
request of, or consultation with, the Director of Mental Health and Addiction Services.
▪ Exempts certain companies and affiliated individuals and entities from liability in a civil
action for damages resulting from the companies’ or affiliates’ acts or omissions in
connection with the 9-8-8 Hotline.
TABLE OF CONTENTS
Dietitian Licensure Compact ........................................................................................................... 1
Dietitian Licensure Compact ........................................................................................................... 3
Compact privilege........................................................................................................................ 3
Requirements to grant privilege............................................................................................. 4
Impact of restriction on home state license .......................................................................... 4
Expiration................................................................................................................................ 4
Establishing a new home state ............................................................................................... 5
Adverse actions ........................................................................................................................... 5
Dietitian Licensure Compact Commission................................................................................... 6
Powers and duties .................................................................................................................. 6
Data system ............................................................................................................................ 7
Financing................................................................................................................................. 7
Executive Committee ............................................................................................................. 7
Rulemaking ............................................................................................................................. 8
Qualified immunity, defense, and indemnification................................................................ 8
Enforcement and dispute resolution...................................................................................... 9
Participation in the Compact....................................................................................................... 9
Amending the Compact............................................................................................................... 9
Withdrawal and termination ....................................................................................................... 9
Construction and severability ................................................................................................... 10
9-8-8 Suicide Prevention and Mental Health Crisis Hotline ......................................................... 10
Director of Mental Health and Addiction Services oversight ................................................... 10
9-8-8 Administrator ................................................................................................................... 10
Annual report ............................................................................................................................ 10
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9-8-8 Fund ................................................................................................................................. 11
Civil action liability exemption .................................................................................................. 11
DETAILED ANALYSIS
Dietitian Licensure Compact
The Dietitian Licensure Compact is an agreement between member states to improve
public access to dietetics services by increasing mobility of eligible dietitians to work in multiple
states.1 The Compact goes into effect when it is enacted by the seventh member state.2 The bill
enacts the Compact in Ohio.3 The Compact preserves states’ regulatory authority to protect
public health and safety through state licensure.4 Nothing in the Compact impacts Ohio’s
requirements for a license to practice as a dietitian.5 Any Ohio laws or regulations in conflict with
the Compact are superseded to the extent of the conflict.6
The Compact distinguishes between a member state, home state, and remote state as
follows:7
A “member state” is a state that has enacted the Compact.
A “home state” is the member state that is the licensee’s primary state of residence. In
the case of a licensee who is active duty military or the spouse of a licensee who is active duty
military, the licensee may designate a home state where the licensee has a current license in
good standing. That designation can be retained for the duration of the service member’s time
on active duty.8
A “remote state” is a member state, other than the home state, where a licensee is
exercising or seeking to exercise the right to practice dietetics (referred to as the compact
privilege, see below).
Compact privilege
Compact privilege is authorization granted to allow a licensee from another member state
to practice as a dietitian in the remote state under its laws and rules. Licensees are responsible
for following all laws and rules in the state in which the patient is located when care is provided.9
1 R.C. 4759.30; Section 1 (“Section” references in this analysis are to the Compact).
2 Section 12.A.
3 R.C. 4759.30.
4 Section 1.
5 Section 3.F.
6 Section 14.
7 Section 2.
8 Section 6.
9 Sections 1 and 2.I.
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Each member state is required to grant the compact privilege to a licensee holding a valid,
unencumbered license in another member state, as set forth in the Compact. Member states
may not impose continuing education requirements on licensees exercising the compact privilege
beyond those required by the licensee’s home state. Member states may charge a fee for
granting the compact privilege.10
Requirements to grant privilege
All of the following must be met for a licensee to exercise the compact privilege:
1. The licensee must either hold a valid registration granting the right to use the term
“Registered Dietitian,” or have completed an accredited master’s or doctoral degree or
its foreign equivalent, completed specified supervised practice, and successfully
completed an examination;
2. The licensee must hold an unencumbered license in the home state;
3. The licensee must notify the Dietitian Licensure Compact Commission (see “Dietitian
Licensure Compact Commission” below) that the licensee is seeking the compact
privilege in a remote state;
4. The licensee must pay any applicable fees;
5. The licensee must meet any jurisprudence requirements established by the remote state
in which the licensee is seeking a compact privilege (a jurisprudence requirement is an
assessment of knowledge regarding the laws and rules governing the practice of dietetics
in a state);
6. The licensee must report to the Commission any adverse action, encumbrance, or
restriction taken by a nonmember state within 30 days of the date the action is taken.11
Impact of restriction on home state license
If a licensee’s home state license is limited in any way, the licensee automatically loses
the compact privilege in any remote state until the home state license is no longer limited. Once
a restricted license in a home state is restored to good standing, the licensee must meet the
requirements above to obtain the compact privilege in a remote state.12
Expiration
The compact privilege is valid until the expiration date of the home license. The licensee
must comply with all of the requirements above to maintain the compact privilege in a remote
state.13
10 Sections 3.B.6 and C and 4.D.
11 Section 4.A.
12 Sections 7.H and I.
13 Section 4.B.
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Establishing a new home state
The Compact provides that a dietitian cannot hold an active home state license in more
than one member state at a time for Compact purposes. A licensee may, however, move between
two member states and establish a new home state under the compact privilege. To establish a
new home state, a licensee must file for a new home state license, pay all applicable fees, and
notify both the current and new home state as required by any rules established for compacting
states. The new home state is responsible for confirming that the licensee meets jurisprudence
requirements, verifying that the licensee meets criteria for receiving the compact privilege by
using the data system (see “Data system” below), and requiring the licensee to complete a
Federal Bureau of Investigation fingerprint-based criminal history check and any other criminal
history check required by the new home state. Once the new home state license is activated, the
former home state must grant the licensee the compact privilege.14
Adverse actions
The Compact provides that a home state has the exclusive power to impose adverse
action against a license it issues. Adverse action is defined as any administrative, civil, equitable,
or criminal action imposed by a licensing board or other authority against a dietitian. The home
state must 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, applying its own laws to determine
appropriate action.15
The home state may take adverse action based on investigative information from a
remote state, so long as the home state follows its own procedures. While states that are not the
home state cannot impose adverse action against the license, a member state may investigate
violations of statutes and rules authorizing the practice of dietetics and take adverse action
against a licensee’s compact privilege in that member state. Joint investigations between
member states are also permissible.16
In addition to imposing adverse action against a licensee’s compact privilege, a remote
state may (1) issue subpoenas for hearings and investigations and (2) recover from the licensee
the costs related to the adverse action against the licensee (if authorized by state law).17
The Compact preserves a state’s ability to permit participation in an alternative program
in lieu of adverse action.18 “Alternative program” is defined as a nondisciplinary monitoring or
practice remediation process approved by a dietitian licensing board.19
14 Section 5.B.
15 Sections 2.C and 7.B. and C.
16 Section 7.
17 Sections 7.A.2 and E.
18 Section 7.K.
19 Section 2.D.
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If a member state imposes adverse action against a licensee, it must immediately notify
the administrator of the Commission’s data system.20
Dietitian Licensure Compact Commission
The bill provides that Compact member states create and establish a joint government
agency known as the Dietitian Licensure Compact Commission.21 As a member state, the State
Medical Board of Ohio must select one delegate to the Commission within 60 days of Ohio
entering the Compact.22 The delegate must be the primary administrator of the Board or the
primary administrator’s designee. The delegate is entitled to one vote regarding all matters
requiring a vote. Meetings and votes may be in person or virtual, as established in bylaws.23
The delegate may be recommended for removal or suspension by the Commission. The
Board must fill any vacancy within 60 days.24
Powers and duties
The Commission is required to meet at least annually. Generally, meetings must be open
to the public. The Compact permits closed, nonpublic meetings of the Commission, the Executive
Committee (see “Executive Committee” below), or other committees in limited
circumstances, such as to discuss noncompliance of member states, employment matters,
licensee discipline, litigation, or trade secrets.25
The Commission has numerous powers and duties specified in the bill, some of which
include:26
1. Establishing bylaws and a code of conduct for the Commission;
2. Maintaining financial records, establishing a budget, making expenditures, and borrowing
money;
3. Promulgating rules, including emergency rules;
4. Hiring employees and performing matters related to personnel;
5. Accepting donations and gifts and taking actions regarding real and personal property;
6. Appointing committees;
7. Performing other functions as necessary and appropriate to achieve the purposes of the
Compact.
20 Section 7.J.
21 Section 8.
22 Section 8.B and R.C. 4759.31.
23 Section 8.B.
24 Sections 8.B.4 and 5 and R.C. 4759.31.
25 Sections 8.B.8 and F.
26 Sections 8.C and 10.L.
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Data system
The Commission is required to provide for the development, maintenance, operation, and
use of a coordinated data system containing licensure, adverse action, and investigative
information regarding licensed individuals in member states. All member states m