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 Passed by the Senate
Primary Sponsor: Sen. Roegner
Effective Date:
Elizabeth Molnar, Attorney
SUMMARY
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.
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
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.
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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with the Compact are superseded to the extent of the conflict.6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
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
4 Section 1.
5 Section 3.F.
6 Section 14.
7 Section 2.
8 Section 6.
9 Sections 1 and 2.I.
10 Sections 3.B.6 and C and 4.D.
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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
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
11 Section 4.A.
12 Sections 7.H and I.
13 Section 4.B.
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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
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
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.
20 Section 7.J.
21 Section 8.
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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.
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 must submit a
uniform data set to the data system regarding licensees that are subject to the Compact. The
data set includes (1) identifying information, (2) licensure data, (3) adverse actions against a
license or compact privilege, (4) nonconfidential information related to alternative program
participation, (5) any denial of an application for licensure and reasons for the denial,
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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(6) current significant investigative information, and (7) other information specified in
Commission rules.27
The Commission must promptly notify all member states of any adverse action taken
against a licensee or applicant for a license. Adverse action information is to be available to all
member states. Similarly, investigative information received by a dietetics licensing board
pertaining to the investigation of a licensee in a member state will only be available to other
member states.28
The Compact permits a state to designate information in the data system that may not
be shared with the public, and it also provides a mechanism for expunging information from the
data system.29
Financing
The Commission is required to pay the reasonable expenses of its establishment,
organization, and ongoing activities. The Commission may accept monetary and nonmonetary
donations and grants. It may impose annual assessments on member states and fees on
licensees of member states to cover costs. The Commission must keep accurate records of
receipts and disbursements, which must be reviewed annually by a certified or licensed public
accountant.
The Commission is not permitted to incur obligations before securing funds to meet
those obligations and it may not pledge the credit of member states without authority.30
Executive Committee
The Compact provides that the Executive Committee has the power to act on behalf of
the Commission. The Executive Committee, which must meet annually, is comprised of the
following nine members:
1. The chair and vice chair of the Commission;
2. Five voting members elected by the Commission from its current membership;
3. One ex-officio, nonvoting member from a recognized professional association
representing dietitians;
4. One ex-officio, nonvoting member from a recognized national credentialing organization
for dietitians.
27 Sections 9.A and C.
28 Sections 7.J and 9.E. and F.
29 Sections 9.G and H.
30 Section 8.G.
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Duties and responsibilities of the Executive Committee include:
Overseeing day-to-day Compact administration activities including enforcement and
compliance with the Compact’s provisions and the Commission’s rules and bylaws;
Recommending changes to rules, bylaws, Compact legislation, and fees paid by member
states and licensees;
Ensuring Compact administration services are appropriately provided;
Preparing and recommending the budget;
Maintaining financial records;
Monitoring Compact compliance of member states and providing compliance reports;
Establishing additional committees;
Exercising the powers and duties of the Commission between meetings;
Any other duties provided in the bylaws.31
Rulemaking
The Commission has the power to adopt rules pursuant to the criteria and process set
forth in the Compact. Prior to adopting a proposed rule, the Commission must hold a public
hearing, and must provide public notice of that hearing at least 30 days in advance. If a majority
of state legislatures of member states reject a rule by enacting a statute or resolution within
four years of the date the rule was adopted, the rule is to have no further force or effect.32
Qualified immunity, defense, and indemnification
The Compact provides that the members, officers, executive director, employees, and
representatives of the Commission are immune from suit and liability for damages caused by or
arising out of acts or omissions occurring within the scope of Commission employment, duties,
or responsibilities, so long as the loss is not caused by intentional or willful or wanton
misconduct. The Commission is required to defend individuals entitled to the immunity, but
individuals also may retain their own counsel.
The Commission is required to indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of a
settlement or judgment obtained against the individual arising out of acts or omissions
occurring within the scope of Commission employment, duties, or responsibilities, except in the
case of intentional or willful or wanton misconduct.33
31 Section 8.D.
32 Section 10.
33 Section 8.H.
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Enforcement and dispute resolution
The Compac