A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "DIETITIAN LICENSURE COMPACT ACT" BY ADDING ARTICLE 1 TO CHAPTER 21, TITLE 40 SO AS TO PROVIDE THE PURPOSES, FUNCTIONS, OPERATIONS, AND DEFINITIONS FOR THE COMPACT; BY AMENDING SECTION 40-20-20, RELATING TO DEFINITIONS IN THE DIETETICS LICENSURE ACT, SO AS TO REVISE A DEFINITION; BY AMENDING SECTION 40-20-60, RELATING TO APPLICATIONS FOR LICENSURE UNDER THE DIETETICS LICENSURE ACT, SO AS TO REQUIRE CERTAIN CRIMINAL BACKGROUND CHECKS OF APPLICANTS; AND TO DESIGNATE CHAPTER 21, TITLE 40 AS THE "DIETITIAN LICENSURE COMPACT".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  This act may be cited as the "Dietitian Licensure Compact Act".

SECTION 2.  Chapter 21, Title 40 of the S.C. Code is amended by adding:

Article 1

Dietitian Licensure Compact

    Section 40-21-110. 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:

       (1) increase public access to dietetics services;

       (2) provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;

       (3) eliminate the necessity for licenses in multiple states;

       (4) reduce administrative burden on member states and licensees;

       (5) enhance the states' ability to protect the public's health and safety;

       (6) encourage the cooperation of member states in regulating multistate practice of licensed dietitians;

       (7) support relocating active military members and their spouses;

       (8) enhance the exchange of licensure, investigative, and disciplinary information among member states; and

       (9) 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 40-21-120. As used in this compact, and except as otherwise provided, the following definitions shall apply:

       (1) "ACEND" means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization.

       (2) "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.

       (3) "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.

       (4) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a licensing authority.

       (5) "Charter member state" means any member state which enacted this compact by law before the effective date specified in Section 40-21-220.

       (6) "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.

       (7) "CDR" means the Commission on Dietetic Registration or its successor organization.

       (8) "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 40-21-180, and which shall operate as an instrumentality of the member states.

       (9) "Compact privilege" means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.

       (10) "Current significant investigative information" means:

           (a) 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

           (b) 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.

       (11) "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.

       (12) "Encumbered license" means a license in which an adverse action restricts a licensee's ability to practice dietetics.

       (13) "Encumbrance" means a revocation or suspension of, or any limitation on a licensee's full and unrestricted practice of dietetics by a licensing authority.

       (14) "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.

       (15) "Home state" means the member state that is the licensee's primary state of residence or that has been designated pursuant to Section 40-21-160.

       (16) "Investigative information" means information, records, and documents received or generated by a licensing authority pursuant to an investigation.

       (17) "Jurisprudence requirement" means an assessment of an individual's knowledge of the state laws and regulations governing the practice of dietetics in such state.

       (18) "License" means an authorization from a member state to either:

           (a) engage in the practice of dietetics (including medical nutrition therapy); or

           (b) 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.

       (19) "Licensee" or "licensed dietitian" means an individual who currently holds a license and who meets all of the requirements outlined in Section 40-21-140.

       (20) "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.

       (21) "Member state" means a state that has enacted the compact.

       (22) "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.

       (23) "Registered dietitian" means a person who:

           (a) has completed applicable education, experience, examination, and recertification requirements approved by the CDR;

           (b) is credentialed by the CDR as a registered dietitian or a registered dietitian nutritionist; and

           (c) is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations "RD" or "RDN".

       (24) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

       (25) "Rule" means a regulation promulgated by the compact commission that has the force of law.

       (26) "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.

       (27) "State" means any state, commonwealth, district, or territory of the United States of America.

       (28) "Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.

    Section 40-21-130. (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 complaint