---
title: HB 185. Professions and businesses; repeal and reenact Chapter 11A, the Dietetics Practice Act
collection: bills
id: 2025-2026/hb185
cite_as: HB 185, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb185
md_url: https://georgiacommons.org/bills/2025-2026/hb185.md
text_url: https://georgiacommons.org/bills/2025-2026/hb185/text
source_url: https://www.legis.ga.gov/legislation/69666
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1605
omitted_url: https://georgiacommons.org/bills/2025-2026/hb185.md?full=1
bill_number: HB 185
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-05-11
sponsors:
  - Ginny Ehrhart
  - Alan Powell
  - Matt Brass
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB185/2025
upstream_id: 1947610
summaries_model: claude-sonnet-5
topic_tags:
  - dietitian licensing
  - nutritionist licensing
  - medical nutrition therapy
  - interstate licensing compact
  - healthcare professional regulation
---

# HB 185. Professions and businesses; repeal and reenact Chapter 11A, the Dietetics Practice Act

## Text

House Bill 185 (AS PASSED HOUSE AND SENATE)
By: Representatives Ehrhart of the 36th and Powell of the 33rd
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
businesses, so as to repeal and reenact Chapter 11A, the "Dietetics Practice Act"; to provide
for the licensure of dietitians and nutritionists; to provide for short titles; to provide for the
purpose of the chapter; to provide for definitions; to establish the Georgia Board of
Examiners of Licensed Dietitians and Licensed Nutritionists; to provide for members,
officers, meetings, and powers and duties of such board; to authorize the board to perform
criminal background checks; to provide for the grant of a license without examination; to
provide for eligibility for licensure as a dietitian and nutritionist; to provide for provisional
licenses; to provide for notice of acceptance or rejection; to provide for examinations; to
provide for requirements of licensees; to provide for refusal, suspension, or revocation of
licenses; to provide for proceedings; to provide for protected titles; to provide for exceptions
to licensure; to provide for statutory construction; to provide for a qualified supervisor over
a supervised practice experience; to enter into an interstate compact; to amend Titles 9, 31,
33, 43, and 51 of the Official Code of Georgia Annotated, relating to civil practice, health,
insurance, professions and businesses, and torts, respectively, so as to provide for conforming
cross-references; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
Dietetics and Nutrition Practices Act
SECTION 1-1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended by repealing and reenacting Chapter 11A, the "Dietetics Practice Act," as
follows:
<ins>"CHAPTER 11A
ARTICLE 1
43-11A-1.
This chapter shall be known and may be cited as the 'Dietetics and Nutrition Practices Act.'
43-11A-2.
The General Assembly acknowledges that the application of scientific knowledge relating
to the practices of dietetics and nutrition is important in the treatment of diseases and
medical conditions and in the attainment and maintenance of health. The General
Assembly acknowledges further that the rendering of sound dietetic and nutrition services
for the treatment and management of diseases and medical conditions in hospitals, nursing
homes, school districts, health departments, private practice and consultation, and other
settings requires trained and competent professionals. It is declared, therefore, to be the
purpose of this chapter to protect the health, safety, and welfare of the public by providing
for the licensure of individuals engaged in the practices of dietetics and nutrition, including
the provision of medical nutrition therapy.
</ins>
<ins>43-11A-3.
As used in this article, the term:
(1) 'ACEND' means the Accreditation Council for Education in Nutrition and Dietetics
or its successor organization.
(2) 'Advertising' means, but is not limited to, issuing or causing to be distributed any
card, sign, or other device; causing or permitting any sign or marking on or in any
building or structure or in any newspaper, magazine, or directory; or causing or
permitting any announcement on radio or any announcement or display on television, a
computer network, or an electronic or telephonic medium.
(3) 'Applicant' means an individual seeking a license under this article.
(4) 'Board' means the Georgia Board of Examiners of Licensed Dietitians and Licensed
Nutritionists established by this article.
(5) 'Complex medical condition' means a disease state, medical condition, or clinical
presentation that requires the provision of medical nutrition therapy by a licensed dietitian
due to one or more of the following: instability of the patient's health status; the presence
of multiple interacting high acuity comorbidities; a high risk of complications or rapid
clinical deterioration; the need for intensive monitoring; or the need for advanced
nutrition interventions including therapeutic diets administered via enteral or parenteral
routes. Such term includes, but is not limited to, severe malnutrition, organ failure,
conditions requiring enteral or parenteral nutrition, renal disease requiring dialysis, severe
metabolic disturbances, post-bariatric surgery care, and critical illness.
(6) 'Degree' means a degree received from an educational institution that, at the time the
degree was awarded, was accredited by a United States institutional accrediting body for
higher education recognized by the Council for Higher Education Accreditation, or its
successor, or by the United States Department of Education, or its successor, or a
validated foreign equivalent.
(7) 'General nonmedical nutrition information' means information on:
</ins>
<ins>(A) Principles of human nutrition and food preparation;
(B) Principles of self-care and a healthy relationship with food;
(C) Essential nutrients needed by the human body;
(D) General and nonindividualized recommended amounts of essential nutrients in the
human body;
(E) Actions of nutrients in the human body;
(F) Nonindividualized effects of deficiencies or excesses of nutrients in the human
body; or
(G) General education surrounding foods, herbs, and dietary supplements that are good
sources of essential nutrients in the human body.
(8) 'Licensed dietitian' means an individual duly licensed under this chapter as meeting
the requirements provided for in subsection (b) of Code Section 43-11A-10 to engage in
the practice of dietetics and the practice of nutrition, including the provision of medical
nutrition therapy for complex and noncomplex medical conditions.
(9) 'Licensed nutritionist' means an individual duly licensed under this chapter as
meeting the requirements provided for in subsection (d) of Code Section 43-11A-10 to
engage in the practice of nutrition, including the provision of medical nutrition therapy
for noncomplex medical conditions.
(10) 'Medical nutrition therapy' means the provision of any of the following nutrition
care services for the treatment or management of a disease or medical condition: nutrition
assessment, nutrition diagnosis, nutrition intervention, or nutrition monitoring and
evaluation.
(11) 'Medical weight control' means medical nutrition therapy provided for the purpose
of reducing, maintaining, or gaining weight.
(12) 'Noncomplex medical condition' means a disease state, medical condition, or
clinical presentation that is stable, does not involve rapid clinical deterioration or high
acuity care needs, and can be safely addressed through medical nutrition therapy
</ins>
<ins>delivered in low acuity outpatient settings by a practitioner practicing within their
demonstrated level of competence. Noncomplex conditions do not require intensive
monitoring, do not involve multiple interacting high acuity comorbidities, and do not
necessitate advanced interventions such as therapeutic diets delivered via enteral or
parenteral nutrition.
(13) 'Nonmedical weight control' means nutrition care services provided for the purpose
of reducing, maintaining, or gaining weight that do not constitute the treatment or
management of a disease or medical condition. Such term includes weight control
services for healthy population groups to achieve or maintain a healthy weight.
(14) 'Nutrition assessment' means the ongoing, dynamic, and systematic process of
ordering, obtaining, verifying, and interpreting biochemical, anthropometric, physical,
nutrigenomic, and dietary data to make decisions about the nature and cause of nutrition
related problems relative to patient or community needs. Such term includes the initial
data collection and evaluation and any reassessment and analysis of patient or community
needs and provides the foundation for nutrition diagnosis and nutritional
recommendations and orders. Such term may require ordering laboratory tests to check
and track nutritional status. The collection of such data shall not, by itself, constitute
nutrition assessment.
(15) 'Nutrition care process' means the systematic problem-solving method that licensed
dietitians use to critically think and make decisions when providing medical nutrition
therapy or to address nutrition related problems and provide safe, effective care. Such
term consists of four distinct but interrelated steps: nutrition assessment, nutrition
diagnosis, nutrition intervention, and nutrition monitoring and evaluation.
(16) 'Nutrition care services' means any part or all of the following services provided
within a systematic process:
</ins>
<ins>(A) Assessing and evaluating the nutritional needs of individuals and groups and
determining resources and constraints in a practice setting, including ordering nutrition
related laboratory tests to check and track nutrition status;
(B) Identifying nutrition problems and establishing priorities, goals, and objectives that
meet nutritional needs and are consistent with available resources and constraints;
(C) Creating individualized dietary plans and issuing and implementing orders to meet
the nutritional needs of healthy individuals and individuals with disease states or
medical conditions, including ordering therapeutic diets, and monitoring the
effectiveness of such dietary plans and orders;
(D) Determining and providing appropriate nutrition interventions in health and
disease, including nutrition counseling on food and prescription drug interactions;
(E) Developing, implementing, and managing nutrition care processes; or
(F) Evaluating, making changes in, and maintaining appropriate standards of quality
in food and nutrition services.
(17) 'Nutrition counseling' means a supportive process, characterized by a collaborative
counselor-patient relationship with individuals or groups, to establish food and nutrition
priorities, goals, individualized action plans, and general physical activity guidance that
acknowledge and foster responsibility for self-care to promote health and wellness or to
treat or manage an existing disease or medical condition.
(18) 'Nutrition diagnosis' means identifying and labeling nutritional problems managed
and treated by a licensed dietitian or a licensed nutritionist but does not include a medical
diagnosis of the health status of an individual.
(19) 'Nutrition intervention' means purposefully planned actions, including nutrition
counseling, intended to positively change a nutrition related behavior, risk factor,
environmental condition, or aspect of the health status of an individual, his or her family
or caregivers, target groups, or a community at large. Such term includes approving,
</ins>
<ins>ordering, and monitoring therapeutic diets and providing counseling on food and
prescription drug interactions.
(20) 'Nutrition monitoring and evaluation' means identifying patient outcomes relevant
to a nutrition diagnosis, nutrition intervention plans, and nutrition goals; comparing those
outcomes with a patient's previous health status, nutrition intervention plans, and nutrition
goals or with a reference standard to determine the progress made in achieving desired
outcomes of nutrition care services; and determining whether planned nutrition
interventions should be continued, revised, or concluded.
(21) 'Patient' means an individual recipient of nutrition care services.
(22) 'Practice of dietetics' means the integration and application of scientific principles
derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics,
physiology, pharmacology, food systems, management, and behavioral and social
sciences to achieve and maintain optimal nutrition status of individuals and groups and
includes the practice of nutrition. The practice of dietetics includes the provision of
nutrition care services, including medical nutrition therapy, in person or via telehealth,
to prevent, manage, or treat complex medical conditions and to promote wellness in
inpatient and outpatient settings. The practice of dietetics includes developing and
ordering therapeutic diets via oral, enteral, and parenteral routes and providing other
advanced medical nutrition therapy and related support activities consistent with current
competencies required of academic and supervised practice programs accredited by a
programmatic accreditor and the registered dietitian scope and standards of practice.
(23) 'Practice of nutrition' means the integration and application of scientific principles
derived from the study of nutrition science, cellular and systemic metabolism,
biochemistry, physiology, and behavioral sciences to achieve and maintain health
throughout the lifespan. The practice of nutrition includes the provision of nutrition care
services, including medical nutrition therapy, in person or via telehealth, to prevent,
manage, or treat noncomplex medical conditions and to promote wellness in low acuity
</ins>
<ins>outpatient settings and for the promotion of wellness. The practice of nutrition excludes
the provision of medical nutrition therapy for complex medical conditions and the
delivery of medical nutrition therapy in inpatient or high acuity outpatient settings. The
practice of nutrition may include ordering oral therapeutic diets, ordering medical
laboratory tests related to nutritional therapeutic treatments, and recommending vitamins,
minerals, and other dietary supplements.
(24) 'Programmatic accreditor' means a nationally recognized organization that reviews
specialized and professional programs and includes ACEND and such organizations as
recognized by the board by approval, policy, or rule.
(25) 'Provisional license' means a temporary license issued by the board pursuant to
Code Section 43-11A-11.
(26) 'Qualified supervisor' means an individual providing supervision who assumes full
professional responsibility for the work of a supervisee by verifying, directing, and
approving the provided nutrition care services, medical nutrition therapy, and other work
being supervised, as provided for in Code Section 43-11A-19.
(27) 'Registered dietitian' means an individual who is credentialed by the Commission
on Dietetic Registration of the Academy of Nutrition and Dietetics or its successor
organization as a registered dietitian or a registered dietitian nutritionist and is authorized
to use such title and the designation 'RD' or 'RDN.'
(28) 'Supervisee' means a student, intern, or trainee providing nutrition care services,
medical nutrition therapy, and other work under the supervision of a qualified supervisor,
as provided for in Code Section 43-11A-19.
(29) 'Telehealth' means the use of electronic information and telecommunications
technologies to provide services under this chapter between a healthcare provider in one
location and an individual in another location to support clinical healthcare, public health,
patient health related education, and health administration.
</ins>
<ins>(30) 'Therapeutic diet' means a diet intervention prescribed by a licensed physician or
other authorized nonphysician practitioner, including a licensed dietitian, that provides
food, fluids, or nutrients via oral, enteral, or parenteral routes as part of the treatment of
a medical condition to modify, eliminate, decrease, or increase identified micronutrients
and macronutrients in a patient's diet, or to provide mechanically altered food when
medically indicated. A therapeutic diet that provides food, fluids, or nutrients via oral
routes may be ordered by a licensed nutritionist.
(31) 'Unrestricted practice of medical nutrition therapy' means the provision of medical
nutrition therapy by an individual who is responsible for his or her own practice or
treatment procedures.
43-11A-4.
(a) The Georgia Board of Examiners of Licensed Dietitians in existence prior to
July 1, 2026, is continued in existence thereafter as the Georgia Board of Examiners of
Licensed Dietitians and Licensed Nutritionists. Members of the board serving immediately
prior to July 1, 2026, shall continue to serve out their respective terms of office and until
their successors are appointed and qualified. The board shall consist of nine members
representing the licensed professions and public at large as follows:
(1) Six board members shall be licensed dietitians, including a clinical dietitian, a
community or public health dietitian, an educator specializing in dietetics and on the
faculty of a college or university, and a private practice dietitian;
(2) One board member shall represent the public at large;
(3) One board member shall be a licensed nutritionist; and
(4) One board member shall be a physician licensed to practice medicine under
Chapter 34 of this title.
(b) Members of the board shall be appointed by the Governor with the confirmation of the
Senate. Members of the board shall take office on the first day of July immediately
</ins>
<ins>following the expired terms of that office and shall serve for terms of four years and until
their successors are appointed and qualified; provided, however, that initial terms shall be
staggered so that two members serve initial terms of two years, three members serve initial
terms of three years, and four members serve initial terms of four years, as designated by
the Governor. Any individual appointed to the board when the Senate is not in session may
serve on the board without Senate confirmation until the Senate acts on that appointment.
No member shall serve on the board for more than two consecutive terms. Any vacancy
shall be filled by the Governor subject to confirmation of the Senate.
(c) All members of the board shall be reimbursed as provided for in subsection (f) of Code
Section 43-1-2.
(d) All members of the board shall take the constitutional oath of office.
43-11A-5.
(a) Members of the board representing the licensed professions shall be:
(1) Citizens of the United States and residents of this state;
(2) Actively engaged in their practice area; and
(3) Licensed under this title.
(b) The member of the board representing the public at large shall be a citizen of the
United States and a resident of this state and shall have no connection whatsoever with the
practice of dietetics or the practice of nutrition.
(c) The Governor may remove members of the board, after notice and opportunity for
hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any
felony, failure to meet the qualifications of this chapter, or committing any act prohibited
by this chapter.
</ins>
<ins>43-11A-6.
The board shall meet quarterly and shall elect from its members a chairperson, a vice
chairperson, and any other officers as deemed necessary who shall hold office according
to the rules adopted by the board. Additional meetings may be held upon the call of the
chairperson of the board or at the written request of any three members of the board. Board
meetings may be conducted by audio or video conference calls, and participation in such
conference call shall constitute attendance at the meeting so conducted.
43-11A-7.
The board shall have the following powers and duties:
(1) Enforce the provisions of this chapter, and it shall be granted all of the necessary
duties, powers, and authority to carry out this responsibility;
(2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the
administration and enforcement of this chapter in the protection of public health, safety,
and welfare;
(3) License duly qualified applicants by examination, endorsement, or reinstatement and
refuse to grant or renew a license to an applicant;
(4) Set and enforce standards consistent with the provisions of this chapter for
qualifications, education, training, and experience of licensees continuing in or returning
to practice;
(5) Implement a disciplinary process;
(6) Issue orders when a license is surrendered to the board while a complaint,
investigation, or disciplinary action against such license is pending;
(7) Adopt, revise, and enforce rules regarding advertising by licensees, including, but not
limited to, rules to prohibit false, misleading, or deceptive practices;
(8) Adopt, publish in print or electronically, and enforce a code of ethics;
(9) Establish examination and licensing fees;
</ins>
<ins>(10) Request and receive the assistance of state educational institutions or other state
agencies;
(11) Prepare information of consumer interest describing the regulatory functions of the
board and describing the procedures by which consumer complaints are filed with and
resolved by the board. The board shall make such information available to the general
public and appropriate state agencies;
(12) Adopt a seal which shall be affixed only in such manner as prescribed by the board;
</ins> and
<ins>(13) Administer the Dietitian Licensure Compact contained in Article 2 of this chapter.
43-11A-8.
(a) As used in this Code section, the term:
(1) 'Board' shall have the same meaning as set forth in Code Section 43-11A-3.
(2) 'Applicant' shall have the same meaning as set forth in Code Section 43-11A-3.
(b) The board is authorized to conduct and receive national background checks by the
submission of fingerprints to the Federal Bureau of Investigation through the Georgia
Crime Information Center.
(c) In order to determine an applicant's suitability as a licensed dietitian or licensed
nutritionist, the board shall require such applicant to furnish the board with a full set of
fingerprints that shall be submitted to the Federal Bureau of Investigation to enable a
criminal background investigation to be conducted.
(d) The board shall submit the fingerprints to the Georgia Crime Information Center. If
no disqualifying record is identified at the state level, the Georgia Crime Information
Center is authorized to submit the fingerprints to the Federal Bureau of Investigation for
a national criminal history record check.
(e) The Georgia Crime Information Center shall notify the board in writing of any
findings, including the absence of any findings. All findings received by the board shall
</ins>
<ins>be used by it for the exclusive purpose of carrying out its responsibilities under this
chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any
other person or agency.
(f) By applying for a license under this chapter, the applicant consents to and authorizes
the board to perform a criminal background check as provided for in this Code section.
The applicant shall be responsible for all fees associated with the performance of such
background check.
43-11A-9.
The board may grant, upon application and payment of fees, a license without examination
to an individual who, at the time of application, either:
(1) Holds a valid license or certification as a licensed or certified dietitian, dietitian
nutritionist, or nutritionist issued by another state, political territory, or jurisdiction
acceptable to the board if the requirements for such license or certification are
substantially equal to or greater than licensure requirements provided for under this
chapter and rules and regulations promulgated by the board; or
(2) Applies for licensure as a licensed dietitian and presents satisfactory evidence to the
board that such individual is a registered dietitian.
43-11A-10.
(a) Each applicant for a license as a licensed dietitian or a licensed nutritionist shall be at
least 18 years of age, submit a completed application upon a form and in such manner as
the board prescribes, pay any applicable fees, have satisfactory results from a criminal
background check, and provide evidence of satisfaction of all applicable license
requirements.
(b) A licensed dietitian shall:
</ins>
<ins>(1) Possess a master's or doctoral degree and complete a program of study accredited by
a programmatic accreditor;
(2) Complete a documented, continuous, supervised practice experience in the practice
of dietetics and the practice of nutrition accredited by a programmatic accreditor,
consisting of not less than 1,000 hours of supervised practice under the supervision of a
qualified supervisor as provided for in Code Section 43-11A-19. Such experience shall
be completed within five years of earning the degree required under paragraph (1) of this
subsection; provided, however, that the board may grant an extension for a limited time
for extraordinary circumstances; and
(3) Passes the examination for registered dietitians administered by the Commission on
Dietetic Registration of the Academy of Nutrition and Dietetics or its successor
organization; provided, however, that, if such examination occurred more than five years
before the license application, the applicant shall demonstrate completion of 75 hours of
continuing education for each five-year period post-examination.
(c) All individuals who are licensed dietitians and who have submitted an application for
licensure as a licensed dietitian prior to July 1, 2026, shall remain licensed so long as the
licensee remains in good standing and maintains an active or inactive license.
(d) A licensed nutritionist shall:
(1) Possess a master's or doctoral degree with a major course of study in human nutrition,
food and nutrition, community nutrition, public health nutrition, nutrition education,
nutrition science, clinical nutrition, applied clinical nutrition, nutrition counseling,
nutrition and functional medicine, nutritional biochemistry, nutrition and integrative
health, or a comparable major or in a field of clinical healthcare, provided that such
applicant shall complete coursework in medical nutrition therapy, science, and nutrition,
including, but not limited to:
(A) Fifteen semester hours of courses in clinical or life sciences, including at least
three semester hours in human anatomy and physiology or an equivalent subject; and
</ins>
<ins>(B) Fifteen semester hours of courses in nutrition and metabolism, including at least
six semester hours in biochemistry;
(2) Complete a documented, continuous supervised practice experience in the practice
of nutrition consisting of not less than 1,000 hours of supervised practice under the
supervision of a qualified supervisor as provided for in Code Section 43-11A-19. Such
experience shall be completed within five years of earning the degree required under
paragraph (1) of this subsection; provided, however, that the board may grant an
extension for a limited time for extraordinary circumstances. Such experience shall meet
the following requirements:
(A) Include at least 1,000 hours in the following practice areas, with a minimum of 200
hours in each practice area: nutrition assessment, nutrition intervention, and nutrition
monitoring and evaluation; and
(B) Include practice providing nutrition care services to populations of diverse cultures,
genders, and ages, medical nutrition therapies and nutrition interventions, nutrition
education, nutrition counseling, and ongoing nutrition care services for the prevention,
modulation, and management of a range of noncomplex medical conditions; and
(3) Passes the certified nutrition specialist examination administered by the Board for
Certification of Nutrition Specialists of the American Nutrition Association, or its
successor organization, or passes an equivalent examination on all aspects of the practice
of nutrition that has been reviewed under a program accredited by the National
Commission for Certifying Agencies, or its successor organization, or a credentialing
entity that is approved by a two-thirds' vote of the board; provided, however, that, if such
examination occurred more than five years before the license application, the applicant
shall demonstrate completion of 75 hours of continuing education for each five-year
period post-examination. An applicant may satisfy the examination requirement provided
in this paragraph if he or she holds a valid current certification from the Board for
Certification of Nutrition Specialists of the American Nutrition Association, or its
</ins>
<ins>successor organization, that allows the applicant to use the title 'certified nutrition
specialist.'
43-11A-11.
(a) The board may issue a provisional license for an individual to engage in the practice
of dietetics and the practice of nutrition for one year under the supervision of a licensed
dietitian upon the filing of an application with appropriate fees and submission of evidence
of successful completion of the education and supervised practice requirements for
licensure provided for in subsection (b) of Code Section 43-11A-10. Such provisional
license shall be valid for one year and shall not be renewed.
(b) The board may issue a provisional license for an individual to engage in the practice
of nutrition for one year under the supervision of a licensed dietitian or licensed nutritionist
upon the filing of an application with appropriate fees and submission of evidence of
successful completion of the education and supervised practice requirements for licensure
provided for in subsection (d) of Code Section 43-11A-10. Such provisional license shall
be valid for one year and shall not be renewed.
43-11A-12.
After evaluation of an application and documents submitted, the board shall notify each
applicant that the application and documents submitted are satisfactory and accepted or
unsatisfactory and rejected. If the application and documents are unsatisfactory and
rejected, the notice shall state the reasons for the rejection.
43-11A-13.
(a) Examinations to determine qualifications for licensure as provided for in Code
Section 43-11A-10 shall be administered to qualified applicants at least twice each calendar
year. The examinations may be administered by a national testing service.
</ins>
<ins>(b) The board shall notify each examinee of the results of the examination.
43-11A-14.
(a) A license issued by the board is the property of the board and shall be surrendered on
demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.
(c) The licensee shall inform the board of any change of address.
(d) If a licensee is not in violation of this chapter at the time of application for renewal and
if such licensee fulfills current requirements of continuing education as established by the
board and pays any requisite fees, such license shall be renewed biennially.
(e) Each licensee is responsible for renewing his or her license before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that
his or her license be declared inactive; provided, however, that such licensee may apply for
active status at any time and, upon meeting the conditions set by the board, shall be
declared active.
43-11A-15.
The board may refuse to grant or renew a license to an applicant or licensee; administer a
public or private reprimand, but a private reprimand shall not be disclosed to any individual
except the licensee; suspend the license of any licensee for a definite period or for an
indefinite period in connection with any condition which may be attached to the restoration
of such license; limit or restrict the license of any licensee as the board deems necessary
for the protection of the public; revoke any license; condition a penalty upon, or withhold
formal disposition pending, the applicant's or licensee's submission to such care,
counseling, or treatment as the board may direct; or impose a fine not to exceed $500.00
for each violation of a law, rule, or regulation relating to the practice of dietetics or the
</ins>
<ins>practice of nutrition upon a finding by a majority of the board that the applicant or licensee
has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this
chapter or under the laws, rules, or regulations under which licensure is sought or held.
It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board
that such applicant meets all the requirements for the issuance of a license, and, if the
board is not satisfied as to the applicant's qualifications, it may deny a license without a
prior hearing; provided, however, that the applicant shall be allowed to appear before the
board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the
practice of a business or profession licensed under this title or on any document
connected therewith, or practiced fraud or deceit or intentionally made any false
statement in obtaining a license to practice the licensed business or profession, or made
a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime directly related to the duties and
responsibilities of a dietitian or nutritionist in the courts of this state or any other state,
territory, or country or in the courts of the United States; as used in this paragraph and
paragraph (4) of this Code section, the term 'felony' shall include any offense which, if
committed in this state, would be deemed a felony, without regard to its designation
elsewhere; and, as used in this paragraph, the term 'convicted' shall include a finding or
verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has
been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime
directly related to the duties and responsibilities of a dietitian or nutritionist where a plea
of nolo contendere was entered to the charge, first offender treatment without
adjudication of guilt pursuant to the charge was granted, or an adjudication or sentence
was otherwise withheld or not entered on the charge. The plea of nolo contendere or the
</ins>
<ins>order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to
probation of first offenders, or other first offender treatment shall be conclusive evidence
of arrest and sentencing for such crime;
(5) Had his or her license to practice a business or profession licensed under this title
revoked, suspended, or annulled by any lawful licensing authority other than the board;
had other disciplinary action taken against him or her by any such lawful licensing
authority other than the board; been denied a license by any such lawful licensing
authority other than the board, pursuant to disciplinary proceedings; or been refused the
renewal of a license by any such lawful licensing authority other than the board, pursuant
to disciplinary proceedings;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the public, which conduct or practice materially affects the fitness of
the licensee or applicant to engage in the practice of dietetics or the practice of nutrition,
or of a nature likely to jeopardize the interest of the public, which conduct or practice
need not have resulted in actual injury to any person or be directly related to the practice
of dietetics or the practice of nutrition but shows that the licensee or applicant has
committed any act or omission which is indicative of untrustworthiness; unprofessional
conduct shall also include any departure from, or the failure to conform to, the minimal
standards of acceptable and prevailing practice of a business or profession licensed under
this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or
encourages any unlicensed individual or any licensee whose license has been suspended
or revoked by a professional licensing board to practice a business or profession licensed
under this title or to practice outside the scope of any disciplinary limitation placed upon
the licensee by the board;
(8) Violated a statute, law, or rule or regulation of this state, any other state, the
professional licensing board regulating the business or profession licensed under this title,
</ins>
<ins>the United States, or any other lawful authority, without regard to whether the violation
is criminally punishable, which statute, law, or rule or regulation relates to or in part
regulates the practice of dietetics or the practice of nutrition, when the licensee or
applicant knows or should know that such action is violative of such statute, law, or rule
or regulation; or violated a lawful order of the board previously entered by the board in
a disciplinary hearing, consent decree, or license reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or
outside of this state; any such adjudication shall automatically suspend the license of any
such individual and shall prevent the reissuance or renewal of any license so suspended
for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title
with reasonable skill and safety to the public or has become unable to practice the
licensed business or profession with reasonable skill and safety to the public by reason
of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-11A-16.
(a) Only a licensed dietitian or licensed nutritionist or a person authorized to engage in the
practice of dietetics or the practice of nutrition under this chapter shall engage in the
practice of dietetics or the practice of nutrition to the extent such services constitute
medical nutrition therapy.
(b) No individual shall designate or hold himself or herself out as a licensed dietitian; use
or assume the title 'dietitian,' 'licensed dietitian,' 'dietitian nutritionist,' or 'dietician'; use or
assume any other title indicating licensure; or append to or use in conjunction with that
individual's name the designation 'LD' or 'LDN,' unless the individual is a licensed dietitian
under this chapter. No individual shall designate or hold himself or herself out as a
dietitian unless the individual is licensed under this chapter or exempt as provided in Code
Section 43-11A-18.
</ins>
<ins>(c) No individual shall designate or hold himself or herself out as a licensed nutritionist;
use or assume the title 'licensed nutritionist'; use or assume any other title indicating
licensure; or append to or use in conjunction with that individual's name the designation
'LN,' unless the individual is a licensed nutritionist under this chapter. No individual shall
designate or hold himself or herself out as a nutritionist unless the individual is licensed
under this chapter or exempt as provided in Code Section 43-11A-18.
(d) Use of an earned, federally trademarked nutrition credential is not prohibited.
(e) Any individual violating the provisions of this Code section shall be guilty of a
misdemeanor.
43-11A-17.
Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'
43-11A-18.
Provided that the following individuals do not use titles protected under Code
Section 43-11A-16 unless otherwise authorized under this Code section, nothing in this
chapter shall be construed to affect:
(1) A supervisee who is practicing while being supervised by a qualified supervisor as
part of a course of study or a documented, continuous supervised practice experience;
provided, however, that such supervisee shall use a title that clearly indicates his or her
status as a supervisee and shall not engage in the unrestricted practice of medical nutrition
therapy;
(2) A dietitian or nutritionist serving in the armed forces of the United States or
employed by any other federal agency who is using government issued titles and who is
engaging in the practice of medical nutrition therapy, provided that such title use and
such practice are related to such individual's service or employment;
</ins>
<ins>(3) An individual licensed to practice the profession of dentistry, medicine, osteopathy,
chiropractic, nursing, or pharmacy engaging in the practice of medical nutrition therapy
when incidental to the practice of his or her profession;
(4) An employee of a department, agency, or division of state, county, or local
government, or an individual contracting with any of the foregoing, who meets the
qualifying standards of such position, is providing nutrition care services for welfare and
public assistance programs under the Division of Family and Children Services of the
Department of Human Services or the Special Supplemental Nutrition Program for
Women, Infants, and Children under the Department of Public Health, and is authorized
to provide such services within the discharge of his or her official duties in such position;
(5) An individual who assists in the provision of medical nutrition therapy, provided that
such individual performs only support activities that are not discretionary and do not
require the exercise of professional judgment for their performance and such individual
is directly supervised by a licensed dietitian, licensed nutritionist, or healthcare provider
licensed in this state acting within the scope of such provider's license;
(6) An individual who provides medical weight control services for individuals with
obesity as part of:
(A) An instructional program that has been approved in writing by a licensed dietitian,
licensed nutritionist, or healthcare provider licensed in this state whose authorized
scope of practice includes medical nutrition therapy; or
(B) A plan of care that is overseen by a healthcare provider licensed in this state whose
scope of practice otherwise authorizes such provider to provide and delegate medical
nutrition therapy; provided, however, that the medical weight control services are not
discretionary and do not require the exercise of professional judgment;
(7) An individual who disseminates nonindividualized, written, general nutrition
information in connection with the marketing and distribution of dietary supplements,
food, herbs, or food materials, including, but not limited to, explanations of their federally
</ins>
<ins>regulated label claims, any known drug-nutrient interactions, their role in various diets,
or suggestions as how to best use and combine them; provided, however, that such
information does not constitute medical nutrition therapy;
(8) An individual engaged in the practice of the tenets of any religion, sect, or
denomination; provided, however, that such individual does not provide nor represent
himself or herself as qualified to engage in medical nutrition therapy;
(9) An individual who provides individualized nutrition recommendations for general
health and wellness and the prevention of chronic disease, health coaching, holistic and
wellness education, guidance, motivation, behavior change management, services for
nonmedical weight control, or other nutrition care services, provided that such services
do not constitute medical nutrition therapy;
(10) An individual who is an operator or employee of a health food store or business that
sells health products, including dietary supplements, food, herbs, or food materials, and
who provides verbal general nonmedical nutrition information that does not constitute
medical nutrition therapy; or
(11) A dietitian or nutritionist not located in this state who provides medical nutrition
therapy via telehealth to a patient located in this state, provided that such individual is a
dietitian or nutritionist licensed or certified in good standing with a scope of practice that
includes the provision of medical nutrition therapy and has a practitioner-patient
relationship with a patient who is temporarily located in this state; has a
practitioner-patient relationship with a patient who is located in this state and such care
is limited to temporary or short-term follow-up medical nutrition therapy to ensure
continuity of care; or is in consultation with a healthcare practitioner licensed in this state
who has a practitioner-patient relationship with the patient. For purposes of this
paragraph, the term 'temporarily' or 'temporary' means not exceeding 90 days within any
12 month period.
</ins>
<ins>43-11A-19.
(a) A qualified supervisor shall:
(1) Only supervise a clinical activity or nutrition care service that the qualified supervisor
is authorized to perform;
(2) Develop and carry out a program for advancing and optimizing the quality of care
provided by a supervisee. A qualified supervisor and the supervisee shall identify and
document goals for such supervised practice experience, the assignment of clinical tasks
as appropriate to such supervisee's evolving level of competence, such supervisee's
relationship and the amount and type of access to the qualified supervisor, and a process
for evaluating the supervisee's performance;
(3) Oversee the activities of and approve and accept responsibility for the nutrition care
services rendered by a supervisee;
(4) At a minimum, be physically onsite and present where a supervisee is providing
nutrition care services or be immediately and continuously available to such supervisee
by means of two-way real-time audiovisual technology that allows for direct,
contemporaneous interaction by sight and sound between the qualified supervisor and
such supervisee; provided, however, that, if the qualified supervisor assigns to a
supervisee a nutrition care service that is to be provided in a setting where the qualified
supervisor is not routinely present, such qualified supervisor shall ensure that the means
and methods of supervision are adequate to ensure appropriate patient care, which may
include synchronous videoconferencing or another method of communication, and
oversight that is appropriate to the care setting and the education and experience of the
supervisee, as determined by the board by approval, policy, or rule;
(5) Review on a regular basis the charts, records, and clinical notes of any supervisee and
maintain responsibility for such supervisee's clinical record keeping;
(6) Be available to render assistance during the provision of nutrition care services when
requested by a patient; provided, however, that, if such qualified supervisor is not
</ins>
<ins>available, such qualified supervisor shall arrange for another qualified healthcare provider
lawfully able to render nutrition care services to be available; and
(7) Limit the assignment of nutrition care services to those services that are within the
training and experience of a supervisee and customary to the practice of the qualified
supervisor.
(b) In order to act as a qualified supervisor, an individual shall:
(1) Be licensed or certified in the state or territory where such supervised practice
experience occurs as a dietitian, nutritionist, dietitian nutritionist, or healthcare provider
whose scope of practice includes the provision of medical nutrition therapy;
(2) Meet such other criteria as the board may establish by rule or regulation when a state
or territory does not provide for licensure or certification of dietitians, dietitian
nutritionists, or nutritionists; or
(3) Be an employee of the federal government authorized within the discharge of his or
her official duties to provide medical nutrition therapy and exempt from licensure as
provided for in paragraph (2) of Code Section 43-11A-18.
ARTICLE 2
43-11A-30.
This article shall be known and may be cited as the 'Dietitian Licensure Compact Act.'
43-11A-31.
The Dietitian Licensure Compact is enacted into law and entered into by the State of
Georgia with any and all other states legally joining therein in the form substantially as
follows:
</ins>
<ins>'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.
</ins>
<ins>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.
</ins>
<ins>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
</ins>
<ins>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, 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.
</ins>
<ins>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
</ins>
<ins>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 granted to a Licensee who meets all of the
requirements outlined in Section 4 in accordance with the terms of the Compact and
Rules.
C. Member States may set and collect a fee for granting a Compact Privilege.
D. Individuals not residing in a Member State shall continue to be able to apply for a
Member State's Single State License as provided under the laws of each Member State.
However, the Single State License granted to these individuals shall not be recognized as
granting a Compact Privilege to engage in the Practice of Dietetics in any other Member
State.
E. Nothing in this Compact shall affect the requirements established by a Member State
for the issuance of a Single State License.
F. At no point shall the Compact Commission have the power to define the requirements
for the issuance of a Single State License to practice dietetics. The Member States shall
retain sole jurisdiction over the provision of these requirements.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the Compact Privilege under the terms and provisions of the Compact, the
Licensee shall:
1. Satisfy one of the following:
a. Hold a valid current registration that gives the applicant the right to use the term
Registered Dietitian; or
</ins>
<ins>b. Complete all of the following:
i. An education program which is either:
a) A master's degree or doctoral degree that is programmatically accredited by (i)
ACEND; or (ii) a dietetics accrediting agency recognized by the United States
Department of Education, which the Compact Commission may by Rule determine,
and from a college or university accredited at the time of graduation by the
appropriate regional accrediting agency recognized by the Council on Higher
Education Accreditation and the United States Department of Education.
b) An academic degree from a college or university in a foreign country equivalent
to the degree described in subparagraph (a) that is programmatically accredited
by (i) ACEND; or (ii) a dietetics accrediting agency recognized by the United States
Department of Education, which the Compact Commission may by Rule determine.
ii. A planned, documented, supervised practice experience in dietetics that is
programmatically accredited by (i) ACEND, or (ii) a dietetics accrediting agency
recognized by the United States Department of Education which the Compact
Commission may by Rule determine and which involves at least 1000 hours of
practice experience under the supervision of a Registered Dietitian or a Licensed
Dietitian.
iii. Successful completion of either: (i) the Registration Examination for Dietitians
administered by CDR, or (ii) a national credentialing examination for dietitians
approved by the Compact Commission by Rule; such completion being no more than
five years prior to the date of the Licensee's application for initial licensure and
accompanied by a period of continuous licensure thereafter, all of which may be
further governed by the Rules of the Compact Commission.
2. Hold an Unencumbered License in the Home State;
3. Notify the Compact Commission that the Licensee is seeking a Compact Privilege
within a Remote State(s);
</ins>
<ins>4. Pay any applicable fees, including any State fee, for the Compact Privilege;
5. Meet any Jurisprudence Requirements established by the Remote State(s) in which the
Licensee is seeking a Compact Privilege; and
6. Report to the Compact Commission any Adverse Action, Encumbrance, or restriction
on a License taken by any non-Member State within 30 days from the date the action is
taken.
B. The Compact Privilege is valid until the expiration date of the Home State License. To
maintain a Compact Privilege, renewal of the Compact Privilege shall be congruent with
the renewal of the Home State License as the Compact Commission may define by Rule.
The Licensee must comply with the requirements of Section 4(A) to maintain the Compact
Privilege in the Remote State(s).
C. A Licensee exercising a Compact Privilege shall adhere to the laws and regulations of
the Remote State. Licensees shall be responsible for educating themselves on, and
complying with, any and all State laws relating to the Practice of Dietetics in such Remote
State.
D. Notwithstanding anything to the contrary provided in this Compact or State law, a
Licensee exercising a Compact Privilege shall not be required to complete Continuing
Education Requirements required by a Remote State. A Licensee exercising a Compact
Privilege is only required to meet any Continuing Education Requirements as required by
the Home State.
SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A COMPACT
PRIVILEGE
A. A Licensee may hold a Home State License, which allows for a Compact Privilege in
other Member States, in only one Member State at a time.
B. If a Licensee changes Home State by moving between two Member States:
</ins>
<ins>1. The Licensee shall file an application for obtaining a new Home State License based
on a Compact Privilege, pay all applicable fees, and notify the current and new Home
State in accordance with the Rules of the Compact Commission.
2. Upon receipt of an application for obtaining a new Home State License by virtue of
a Compact Privilege, the new Home State shall verify that the Licensee meets the criteria
in Section 4 via the Data System, and require that the Licensee complete the following:
a. Federal Bureau of Investigation fingerprint based criminal history record
information check;
b. Any other criminal history record information required by the new Home State; and
c. Any Jurisprudence Requirements of the new Home State.
3. The former Home State shall convert the former Home State License into a Compact
Privilege once the new Home State has activated the new Home State License in
accordance with applicable Rules adopted by the Compact Commission.
4. Notwithstanding any other provision of this Compact, if the Licensee cannot meet the
criteria in Section 4, the new Home State may apply its requirements for issuing a new
Single State License.
5. The Licensee shall pay all applicable fees to the new Home State in order to be issued
a new Home State License.
C. If a Licensee changes their State of residence by moving from a Member State to a
non-Member State, or from a non-Member State to a Member State, the State criteria shall
apply for issuance of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State
License in multiple States; however, for the purposes of this Compact, a Licensee shall
have only one Home State License.
E. Nothing in this Compact shall affect the requirements established by a Member State
for the issuance of a Single State License.
</ins>
<ins>SECTION 6. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An Active Military Member, or their spouse, shall designate a Home State where the
individual has a current License in good standing. The individual may retain the Home State
designation during the period the service member is on active duty.
SECTION 7. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a Remote State shall have the
authority, in accordance with existing State due process law, to:
1. Take Adverse Action against a Licensee's Compact Privilege within that Member
State; and
2. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses as well as the production of evidence. Subpoenas issued by a
Licensing Authority in a Member State for the attendance and testimony of witnesses or
the production of evidence from another Member State shall be enforced in the latter
State by any court of competent jurisdiction, according to the practice and procedure
applicable to subpoenas issued in proceedings pending before that court. The issuing
authority shall pay any witness fees, travel expenses, mileage, and other fees required by
the service statutes of the State in which the witnesses or evidence are located.
B. Only the Home State shall have the power to take Adverse Action against a Licensee's
Home State License.
C. For purposes of taking Adverse Action, the Home State shall 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. In so doing, the Home State shall apply its own State laws
to determine appropriate action.
D. The Home State shall complete any pending investigations of a Licensee who changes
Home States during the course of the investigations. The Home State shall also have
authority to take appropriate action(s) and shall promptly report the conclusions of the
</ins>
<ins>investigations to the administrator of the Data System. The administrator of the Data
System shall promptly notify the new Home State of any Adverse Actions.
E. A Member State, if otherwise permitted by State law, may recover from the affected
Licensee the costs of investigations and dispositions of cases resulting from any Adverse
Action taken against that Licensee.
F. A Member State may take Adverse Action based on the factual findings of another
Remote State, provided that the Member State follows its own procedures for taking the
Adverse Action.
G. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective State law, any
Member State may participate with other Member States in joint investigations of
Licensees.
2. Member States shall share any investigative, litigation, or compliance materials in
furtherance of any joint investigation initiated under the Compact.
H. If Adverse Action is taken by the Home State against a Licensee's Home State License
resulting in an Encumbrance on the Home State License, the Licensee's Compact
Privilege(s) in all other Member States shall be revoked until all Encumbrances have been
removed from the Home State License. All Home State disciplinary orders that impose
Adverse Action against a Licensee shall include a statement that the Licensee's Compact
Privileges are revoked in all Member States during the pendency of the order.
I. Once an Encumbered License in the Home State is restored to an Unencumbered
License (as certified by the Home State's Licensing Authority), the Licensee must meet the
requirements of Section 4(A) and follow the administrative requirements to reapply to
obtain a Compact Privilege in any Remote State.
J. If a Member State takes Adverse Action, it shall promptly notify the administrator of the
Data System. The administrator of the Data System shall promptly notify the other
Member States State of any Adverse Actions.
</ins>
<ins>K. Nothing in this Compact shall override a Member State's decision that participation in
an Alternative Program may be used in lieu of Adverse Action.
SECTION 8. ESTABLISHMENT OF THE DIETITIAN LICENSURE COMPACT
COMMISSION
A. The Compact Member States hereby create and establish a joint government agency
whose membership consists of all Member States that have enacted the Compact known
as the Dietitian Licensure Compact Commission. The Compact Commission is an
instrumentality of the Compact States acting jointly and not an instrumentality of any one
State. The Compact Commission shall come into existence on or after the effective date
of the Compact as set forth in Section 12.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected by that
Member State's Licensing Authority.
2. The delegate shall be the primary administrator of the Licensing Authority or their
designee.
3. The Compact Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.
4. The Compact Commission may recommend removal or suspension of any delegate
from office.
5. A Member State's Licensing Authority shall fill any vacancy of its delegate occurring
on the Compact Commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the Compact
Commission requiring a vote by the delegates.
7. Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws
may provide for delegates to meet and vote in-person or by telecommunication, video
conference, or other means of communication.
</ins>
<ins>8. The Compact Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The Compact Commission
may meet in person or by telecommunication, video conference, or other means of
communication.
C. The Compact Commission shall have the following powers:
1. Establish the fiscal year of the Compact Commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact, the
Compact Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the Compact
Commission, provided that the standing of any Licensing Authority to sue or be sued
under applicable law shall not be affected;
7. Maintain and certify records and information provided to a Member State as the
authenticated business records of the Compact Commission, and designate an agent to
do so on the Compact Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of the Compact, and establish
the Compact Commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
12. Assess and collect fees;
</ins>
<ins>13. Accept any and all appropriate donations, grants of money, other sources of revenue,
equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the
same; provided that at all times the Compact Commission shall avoid any actual or
appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, composed of members, State
regulators, State legislators or their representatives, and consumer representatives, and
such other interested persons as may be designated in this Compact or the bylaws;
19. Provide and receive information from, and cooperate with, law enforcement
agencies;
20. Establish and elect an Executive Committee, including a chair and a vice chair;
21. Determine whether a State's adopted language is materially different from the model
compact language such that the State would not qualify for participation in the Compact;
and
22. Perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the Compact
Commission according to the terms of this Compact. The powers, duties, and
responsibilities of the Executive Committee shall include:
</ins>
<ins>a. Oversee the day-to-day activities of the administration of the Compact including
enforcement and compliance with the provisions of the Compact, its Rules and bylaws,
and other such duties as deemed necessary;
b. Recommend to the Compact Commission changes to the Rules or bylaws, changes
to this Compact legislation, fees charged to Compact Member States, fees charged to
Licensees, and other fees;
c. Ensure Compact administration services are appropriately provided, including by
</ins> 1000 <ins>contract;
</ins> 1001 <ins>d. Prepare and recommend the budget;
</ins> 1002 <ins>e. Maintain financial records on behalf of the Compact Commission;
</ins> 1003 <ins>f. Monitor Compact compliance of Member States and provide compliance reports to
</ins> 1004 <ins>the Compact Commission;
</ins> 1005 <ins>g. Establish additional committees as necessary;
</ins> 1006 <ins>h. Exercise the powers and duties of the Compact Commission during the interim
</ins> 1007 <ins>between Compact Commission meetings, except for adopting or amending Rules,
</ins> 1008 <ins>adopting or amending bylaws, and exercising any other powers and duties expressly
</ins> 1009 <ins>reserved to the Compact Commission by Rule or bylaw; and
</ins> 1010 <ins>i. Other duties as provided in the Rules or bylaws of the Compact Commission.
</ins> 1011 <ins>2. The Executive Committee shall be composed of nine members:
</ins> 1012 <ins>a. The chair and vice chair of the Compact Commission shall be voting members of the
</ins> 1013 <ins>Executive Committee;
</ins> 1014 <ins>b. Five voting members from the current membership of the Compact Commission,
</ins> 1015 <ins>elected by the Compact Commission;
</ins> 1016 <ins>c. One ex-officio, nonvoting member from a recognized professional association
</ins> 1017 <ins>representing dietitians; and
</ins> 1018 <ins>d. One ex-officio, nonvoting member from a recognized national credentialing
</ins> 1019 <ins>organization for dietitians.
</ins>
1020 <ins>3. The Compact Commission may remove any member of the Executive Committee as
</ins> 1021 <ins>provided in the Compact Commission's bylaws.
</ins> 1022 <ins>4. The Executive Committee shall meet at least annually.
</ins> 1023 <ins>a. Executive Committee meetings shall be open to the public, except that the Executive
</ins> 1024 <ins>Committee may meet in a closed, non-public meeting as provided in subsection (F)(2).
</ins> 1025 <ins>b. The Executive Committee shall give 30 days' notice of its meetings, posted on the
</ins> 1026 <ins>website of the Compact Commission and as determined to provide notice to persons
</ins> 1027 <ins>with an interest in the business of the Compact Commission.
</ins> 1028 <ins>c. The Executive Committee may hold a special meeting in accordance with
</ins> 1029 <ins>subsection (F)(1)(b).
</ins> 1030 <ins>E. The Compact Commission shall adopt and provide to the Member States an annual
</ins> 1031 <ins>report.
</ins> 1032 <ins>F. Meetings of the Compact Commission
</ins> 1033 <ins>1. All meetings shall be open to the public, except that the Compact Commission may
</ins> 1034 <ins>meet in a closed, non-public meeting as provided in subsection (F)(2).
</ins> 1035 <ins>a. Public notice for all meetings of the full Compact Commission shall be given in the
</ins> 1036 <ins>same manner as required under the rulemaking provisions in Section 10, except that the
</ins> 1037 <ins>Compact Commission may hold a special meeting as provided in subsection (F)(1)(b).
</ins> 1038 <ins>b. The Compact Commission may hold a special meeting when it must meet to conduct
</ins> 1039 <ins>emergency business by giving 24 hours' notice to all Member States, on the Compact
</ins> 1040 <ins>Commission's website, and other means as provided in the Compact Commission's
</ins> 1041 <ins>Rules. The Compact Commission's legal counsel shall certify that the Compact
</ins> 1042 <ins>Commission's need to meet qualifies as an emergency.
</ins> 1043 <ins>2. The Compact Commission or the Executive Committee or other committees of the
</ins> 1044 <ins>Compact Commission may convene in a closed, non-public meeting for the Compact
</ins> 1045 <ins>Commission or Executive Committee or other committees of the Compact Commission
</ins> 1046 <ins>to receive legal advice or to discuss:
</ins>
1047 <ins>a. Non-compliance of a Member State with its obligations under the Compact;
</ins> 1048 <ins>b. The employment, compensation, discipline, or other matters, practices, or
</ins> 1049 <ins>procedures related to specific employees;
</ins> 1050 <ins>c. Current or threatened discipline of a Licensee by the Compact Commission or by a
</ins> 1051 <ins>Member State's Licensing Authority;
</ins> 1052 <ins>d. Current, threatened, or reasonably anticipated litigation;
</ins> 1053 <ins>e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
</ins> 1054 <ins>estate;
</ins> 1055 <ins>f. Accusing any person of a crime or formally censuring any person;
</ins> 1056 <ins>g. Trade secrets or commercial or financial information that is privileged or
</ins> 1057 <ins>confidential;
</ins> 1058 <ins>h. Information of a personal nature where disclosure would constitute a clearly
</ins> 1059 <ins>unwarranted invasion of personal privacy;
</ins> 1060 <ins>i. Investigative records compiled for law enforcement purposes;
</ins> 1061 <ins>j. Information related to any investigative reports prepared by or on behalf of or for use
</ins> 1062 <ins>of the Compact Commission or other committee charged with responsibility of
</ins> 1063 <ins>investigation or determination of compliance issues pursuant to the Compact;
</ins> 1064 <ins>k. Matters specifically exempted from disclosure by federal or Member State law; or
</ins> 1065 <ins>l. Other matters as specified in the Rules of the Compact Commission.
</ins> 1066 <ins>3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
</ins> 1067 <ins>meeting will be closed and reference each relevant exempting provision, and such
</ins> 1068 <ins>reference shall be recorded in the minutes.
</ins> 1069 <ins>4. The Compact Commission shall keep minutes that fully and clearly describe all
</ins> 1070 <ins>matters discussed in a meeting and shall provide a full and accurate summary of actions
</ins> 1071 <ins>taken, and the reasons therefore, including a description of the views expressed. All
</ins> 1072 <ins>documents considered in connection with an action shall be identified in such minutes.
</ins> 1073 <ins>All minutes and documents of a closed meeting shall remain under seal, subject to release
</ins>
1074 <ins>only by a majority vote of the Compact Commission or order of a court of competent
</ins> 1075 <ins>jurisdiction.
</ins> 1076 <ins>G. Financing of the Compact Commission
</ins> 1077 <ins>1. The Compact Commission shall pay, or provide for the payment of, the reasonable
</ins> 1078 <ins>expenses of its establishment, organization, and ongoing activities.
</ins> 1079 <ins>2. The Compact Commission may accept any and all appropriate revenue sources as
</ins> 1080 <ins>provided in subsection (C)(13).
</ins> 1081 <ins>3. The Compact Commission may levy on and collect an annual assessment from each
</ins> 1082 <ins>Member State and impose fees on Licensees of Member States to whom it grants a
</ins> 1083 <ins>Compact Privilege to cover the cost of the operations and activities of the Compact
</ins> 1084 <ins>Commission and its staff, which must, in a total amount, be sufficient to cover its annual
</ins> 1085 <ins>budget as approved each year for which revenue is not provided by other sources. The
</ins> 1086 <ins>aggregate annual assessment amount for Member States shall be allocated based upon a
</ins> 1087 <ins>formula that the Compact Commission shall promulgate by Rule.
</ins> 1088 <ins>4. The Compact Commission shall not incur obligations of any kind prior to securing the
</ins> 1089 <ins>funds adequate to meet the same; nor shall the Compact Commission pledge the credit
</ins> 1090 <ins>of any of the Member States, except by and with the authority of the Member State.
</ins> 1091 <ins>5. The Compact Commission shall keep accurate accounts of all receipts and
</ins> 1092 <ins>disbursements. The receipts and disbursements of the Compact Commission shall be
</ins> 1093 <ins>subject to the financial review and accounting procedures established under its bylaws.
</ins> 1094 <ins>However, all receipts and disbursements of funds handled by the Compact Commission
</ins> 1095 <ins>shall be subject to an annual financial review by a certified or licensed public accountant,
</ins> 1096 <ins>and the report of the financial review shall be included in and become part of the annual
</ins> 1097 <ins>report of the Compact Commission.
</ins> 1098 <ins>H. Qualified Immunity, Defense, and Indemnification
</ins> 1099 <ins>1. The members, officers, executive director, employees and representatives of the
</ins> 1100 <ins>Compact Commission shall be immune from suit and liability, both personally and in
</ins>
1101 <ins>their official capacity, for any claim for damage to or loss of property or personal injury
</ins> 1102 <ins>or other civil liability caused by or arising out of any actual or alleged act, error, or
</ins> 1103 <ins>omission that occurred, or that the person against whom the claim is made had a
</ins> 1104 <ins>reasonable basis for believing occurred within the scope of Compact Commission
</ins> 1105 <ins>employment, duties, or responsibilities; provided that nothing in this paragraph shall be
</ins> 1106 <ins>construed to protect any such person from suit or liability for any damage, loss, injury,
</ins> 1107 <ins>or liability caused by the intentional or willful or wanton misconduct of that person. The
</ins> 1108 <ins>procurement of insurance of any type by the Compact Commission shall not in any way
</ins> 1109 <ins>compromise or limit the immunity granted hereunder.
</ins> 1110 <ins>2. The Compact Commission shall defend any member, officer, executive director,
</ins> 1111 <ins>employee, and representative of the Compact Commission in any civil action seeking to
</ins> 1112 <ins>impose liability arising out of any actual or alleged act, error, or omission that occurred
</ins> 1113 <ins>within the scope of Compact Commission employment, duties, or responsibilities, or as
</ins> 1114 <ins>determined by the Compact Commission that the person against whom the claim is made
</ins> 1115 <ins>had a reasonable basis for believing occurred within the scope of Compact Commission
</ins> 1116 <ins>employment, duties, or responsibilities; provided that nothing herein shall be construed
</ins> 1117 <ins>to prohibit that person from retaining their own counsel at their own expense; and
</ins> 1118 <ins>provided further, that the actual or alleged act, error, or omission did not result from that
</ins> 1119 <ins>person's intentional or willful or wanton misconduct.
</ins> 1120 <ins>3. The Compact Commission shall indemnify and hold harmless any member, officer,
</ins> 1121 <ins>executive director, employee, and representative of the Compact Commission for the
</ins> 1122 <ins>amount of any settlement or judgment obtained against that person arising out of any
</ins> 1123 <ins>actual or alleged act, error, or omission that occurred within the scope of Compact
</ins> 1124 <ins>Commission employment, duties, or responsibilities, or that such person had a reasonable
</ins> 1125 <ins>basis for believing occurred within the scope of Compact Commission employment,
</ins> 1126 <ins>duties, or responsibilities, provided that the actual or alleged act, error, or omission did
</ins> 1127 <ins>not result from the intentional or willful or wanton misconduct of that person.
</ins>
1128 <ins>4. Nothing herein shall be construed as a limitation on the liability of any Licensee for
</ins> 1129 <ins>professional malpractice or misconduct, which shall be governed solely by any other
</ins> 1130 <ins>applicable State laws.
</ins> 1131 <ins>5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member
</ins> 1132 <ins>State's state action immunity or state action affirmative defense with respect to antitrust
</ins> 1133 <ins>claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or
</ins> 1134 <ins>anticompetitive law or regulation.
</ins> 1135 <ins>6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by
</ins> 1136 <ins>the Member States or by the Compact Commission.
</ins> 1137 <ins>SECTION 9. DATA SYSTEM
</ins> 1138 <ins>A. The Compact Commission shall provide for the development, maintenance, operation,
</ins> 1139 <ins>and utilization of a coordinated Data System.
</ins> 1140 <ins>B. The Compact Commission shall assign each applicant for a Compact Privilege a unique
</ins> 1141 <ins>identifier, as determined by the Rules.
</ins> 1142 <ins>C. Notwithstanding any other provision of State law to the contrary, a Member State shall
</ins> 1143 <ins>submit a uniform data set to the Data System on all individuals to whom this Compact is
</ins> 1144 <ins>applicable as required by the Rules of the Compact Commission, including:
</ins> 1145 <ins>1. Identifying information;
</ins> 1146 <ins>2. Licensure data;
</ins> 1147 <ins>3. Adverse Actions against a License or Compact Privilege and information related
</ins> 1148 <ins>thereto;
</ins> 1149 <ins>4. Non-confidential information related to Alternative Program participation, the
</ins> 1150 <ins>beginning and ending dates of such participation, and other information related to such
</ins> 1151 <ins>participation not made confidential under Member State law;
</ins> 1152 <ins>5. Any denial of application for licensure, and the reason(s) for such denial;
</ins> 1153 <ins>6. The presence of Current Significant Investigative Information; and
</ins>
1154 <ins>7. Other information that may facilitate the administration of this Compact or the
</ins> 1155 <ins>protection of the public, as determined by the Rules of the Compact Commission.
</ins> 1156 <ins>D. The records and information provided to a Member State pursuant to this Compact or
</ins> 1157 <ins>through the Data System, when certified by the Compact Commission or an agent thereof,
</ins> 1158 <ins>shall constitute the authenticated business records of the Compact Commission, and shall
</ins> 1159 <ins>be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or
</ins> 1160 <ins>administrative proceedings in a Member State.
</ins> 1161 <ins>E. Current Significant Investigative Information pertaining to a Licensee in any Member
</ins> 1162 <ins>State will only be available to other Member States.
</ins> 1163 <ins>F. It is the responsibility of the Member States to report any Adverse Action against a
</ins> 1164 <ins>Licensee and to monitor the Data System to determine whether any Adverse Action has
</ins> 1165 <ins>been taken against a Licensee. Adverse Action information pertaining to a Licensee in any
</ins> 1166 <ins>Member State will be available to any other Member State.
</ins> 1167 <ins>G. Member States contributing information to the Data System may designate information
</ins> 1168 <ins>that may not be shared with the public without the express permission of the contributing
</ins> 1169 <ins>State.
</ins> 1170 <ins>H. Any information submitted to the Data System that is subsequently expunged pursuant
</ins> 1171 <ins>to federal law or the laws of the Member State contributing the information shall be
</ins> 1172 <ins>removed from the Data System.
</ins> 1173 <ins>SECTION 10. RULEMAKING
</ins> 1174 <ins>A. The Compact Commission shall promulgate reasonable Rules in order to effectively
</ins> 1175 <ins>and efficiently implement and administer the purposes and provisions of the Compact. A
</ins> 1176 <ins>Rule shall be invalid and have no force or effect only if a court of competent jurisdiction
</ins> 1177 <ins>holds that the Rule is invalid because the Compact Commission exercised its rulemaking
</ins> 1178 <ins>authority in a manner that is beyond the scope and purposes of the Compact, or the powers
</ins> 1179 <ins>granted hereunder, or based upon another applicable standard of review.
</ins>
1180 <ins>B. The Rules of the Compact Commission shall have the force of law in each Member
</ins> 1181 <ins>State, provided however that where the Rules conflict with the laws or regulations of a
</ins> 1182 <ins>Member State that relate to the procedures, actions, and processes a Licensed Dietitian is
</ins> 1183 <ins>permitted to undertake in that State and the circumstances under which they may do so, as
</ins> 1184 <ins>held by a court of competent jurisdiction, the Rules of the Compact Commission shall be
</ins> 1185 <ins>ineffective in that State to the extent of the conflict.
</ins> 1186 <ins>C. The Compact Commission shall exercise its rulemaking powers pursuant to the criteria
</ins> 1187 <ins>set forth in this Section and the Rules adopted thereunder. Rules shall become binding on
</ins> 1188 <ins>the day following adoption or as of the date specified in the Rule or amendment, whichever
</ins> 1189 <ins>is later.
</ins> 1190 <ins>D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule,
</ins> 1191 <ins>by enactment of a statute or resolution in the same manner used to adopt the Compact
</ins> 1192 <ins>within four (4) years of the date of adoption of the Rule, then such Rule shall have no
</ins> 1193 <ins>further force and effect in any Member State.
</ins> 1194 <ins>E. Rules shall be adopted at a regular or special meeting of the Compact Commission.
</ins> 1195 <ins>F. Prior to adoption of a proposed Rule, the Compact Commission shall hold a public
</ins> 1196 <ins>hearing and allow persons to provide oral and written comments, data, facts, opinions, and
</ins> 1197 <ins>arguments.
</ins> 1198 <ins>G. Prior to adoption of a proposed Rule by the Compact Commission, and at least
</ins> 1199 <ins>thirty (30) days in advance of the meeting at which the Compact Commission will hold a
</ins> 1200 <ins>public hearing on the proposed Rule, the Compact Commission shall provide a Notice of
</ins> 1201 <ins>Proposed rulemaking:
</ins> 1202 <ins>1. On the website of the Compact Commission or other publicly accessible platform;
</ins> 1203 <ins>2. To persons who have requested notice of the Compact Commission's notices of
</ins> 1204 <ins>proposed rulemaking; and
</ins> 1205 <ins>3. In such other way(s) as the Compact Commission may by Rule specify.
</ins> 1206 <ins>H. The Notice of Proposed rulemaking shall include:
</ins>
1207 <ins>1. The time, date, and location of the public hearing at which the Compact Commission
</ins> 1208 <ins>will hear public comments on the proposed Rule and, if different, the time, date, and
</ins> 1209 <ins>location of the meeting where the Compact Commission will consider and vote on the
</ins> 1210 <ins>proposed Rule;
</ins> 1211 <ins>2. If the hearing is held via telecommunication, video conference, or other means of
</ins> 1212 <ins>communication, the Compact Commission shall include the mechanism for access to the
</ins> 1213 <ins>hearing in the Notice of Proposed rulemaking;
</ins> 1214 <ins>3. The text of the proposed Rule and the reason therefore;
</ins> 1215 <ins>4. A request for comments on the proposed Rule from any interested person; and
</ins> 1216 <ins>5. The manner in which interested persons may submit written comments.
</ins> 1217 <ins>I. All hearings will be recorded. A copy of the recording and all written comments and
</ins> 1218 <ins>documents received by the Compact Commission in response to the proposed Rule shall
</ins> 1219 <ins>be available to the public.
</ins> 1220 <ins>J. Nothing in this Section shall be construed as requiring a separate hearing on each Rule.
</ins> 1221 <ins>Rules may be grouped for the convenience of the Compact Commission at hearings
</ins> 1222 <ins>required by this Section.
</ins> 1223 <ins>K. The Compact Commission shall, by majority vote of all members, take final action on
</ins> 1224 <ins>the proposed Rule based on the rulemaking record and the full text of the Rule.
</ins> 1225 <ins>1. The Compact Commission may adopt changes to the proposed Rule provided the
</ins> 1226 <ins>changes do not enlarge the original purpose of the proposed Rule.
</ins> 1227 <ins>2. The Compact Commission shall provide an explanation of the reasons for substantive
</ins> 1228 <ins>changes made to the proposed Rule as well as reasons for substantive changes not made
</ins> 1229 <ins>that were recommended by commenters.
</ins> 1230 <ins>3. The Compact Commission shall determine a reasonable effective date for the Rule.
</ins> 1231 <ins>Except for an emergency as provided in Section 10(L), the effective date of the Rule shall
</ins> 1232 <ins>be no sooner than 30 days after issuing the notice that it adopted or amended the Rule.
</ins>
1233 <ins>L. Upon determination that an emergency exists, the Compact Commission may consider
</ins> 1234 <ins>and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided
</ins> 1235 <ins>that the usual rulemaking procedures provided in the Compact and in this Section shall be
</ins> 1236 <ins>retroactively applied to the Rule as soon as reasonably possible, in no event later than
</ins> 1237 <ins>ninety (90) days after the effective date of the Rule. For the purposes of this provision, an
</ins> 1238 <ins>emergency Rule is one that must be adopted immediately in order to:
</ins> 1239 <ins>1. Meet an imminent threat to public health, safety, or welfare;
</ins> 1240 <ins>2. Prevent a loss of Compact Commission or Member State funds;
</ins> 1241 <ins>3. Meet a deadline for the promulgation of a Rule that is established by federal law or
</ins> 1242 <ins>rule; or
</ins> 1243 <ins>4. Protect public health and safety.
</ins> 1244 <ins>M. The Compact Commission or an authorized committee of the Compact Commission
</ins> 1245 <ins>may direct revision to a previously adopted Rule for purposes of correcting typographical
</ins> 1246 <ins>errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
</ins> 1247 <ins>revision shall be posted on the website of the Compact Commission. The revision shall be
</ins> 1248 <ins>subject to challenge by any person for a period of thirty (30) days after posting. The
</ins> 1249 <ins>revision may be challenged only on grounds that the revision results in a material change
</ins> 1250 <ins>to a Rule. A challenge shall be made in writing and delivered to the Compact Commission
</ins> 1251 <ins>prior to the end of the notice period. If no challenge is made, the revision will take effect
</ins> 1252 <ins>without further action. If the revision is challenged, the revision may not take effect
</ins> 1253 <ins>without the approval of the Compact Commission.
</ins> 1254 <ins>N. No Member State's rulemaking requirements shall apply under this Compact.
</ins>
1255 <ins>SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
</ins> 1256 <ins>A. Oversight
</ins> 1257 <ins>1. The executive and judicial branches of State government in each Member State shall
</ins> 1258 <ins>enforce this Compact and take all actions necessary and appropriate to implement this
</ins> 1259 <ins>Compact.
</ins> 1260 <ins>2. Except as otherwise provided in this Compact, venue is proper and judicial
</ins> 1261 <ins>proceedings by or against the Compact Commission shall be brought solely and
</ins> 1262 <ins>exclusively in a court of competent jurisdiction where the principal office of the Compact
</ins> 1263 <ins>Commission is located. The Compact Commission may waive venue and jurisdictional
</ins> 1264 <ins>defenses to the extent it adopts or consents to participate in alternative dispute resolution
</ins> 1265 <ins>proceedings. Nothing herein shall affect or limit the selection or propriety of venue in
</ins> 1266 <ins>any action against a Licensee for professional malpractice, misconduct, or any such
</ins> 1267 <ins>similar matter.
</ins> 1268 <ins>3. The Compact Commission shall be entitled to receive service of process in any
</ins> 1269 <ins>proceeding regarding the enforcement or interpretation of the Compact and shall have
</ins> 1270 <ins>standing to intervene in such a proceeding for all purposes. Failure to provide the
</ins> 1271 <ins>Compact Commission service of process shall render a judgment or order void as to the
</ins> 1272 <ins>Compact Commission, this Compact, or promulgated Rules.
</ins> 1273 <ins>B. Default, Technical Assistance, and Termination
</ins> 1274 <ins>1. If the Compact Commission determines that a Member State has defaulted in the
</ins> 1275 <ins>performance of its obligations or responsibilities under this Compact or the promulgated
</ins> 1276 <ins>Rules, the Compact Commission shall provide written notice to the defaulting State. The
</ins> 1277 <ins>notice of default shall describe the default, the proposed means of curing the default, and
</ins> 1278 <ins>any other action that the Compact Commission may take and shall offer training and
</ins> 1279 <ins>specific technical assistance regarding the default.
</ins> 1280 <ins>2. The Compact Commission shall provide a copy of the notice of default to the other
</ins> 1281 <ins>Member States.
</ins>
1282 <ins>C. If a State in default fails to cure the default, the defaulting State may be terminated from
</ins> 1283 <ins>the Compact upon an affirmative vote of a majority of the delegates of the Member States,
</ins> 1284 <ins>and all rights, privileges, and benefits conferred on that State by this Compact may be
</ins> 1285 <ins>terminated on the effective date of termination. A cure of the default does not relieve the
</ins> 1286 <ins>offending State of obligations or liabilities incurred during the period of default.
</ins> 1287 <ins>D. Termination of membership in the Compact shall be imposed only after all other means
</ins> 1288 <ins>of securing compliance have been exhausted. Notice of intent to suspend or terminate shall
</ins> 1289 <ins>be given by the Compact Commission to the governor, the majority and minority leaders
</ins> 1290 <ins>of the defaulting State's legislature, the defaulting State's Licensing Authority, and each of
</ins> 1291 <ins>the Member States' Licensing Authority.
</ins> 1292 <ins>E. A State that has been terminated is responsible for all assessments, obligations, and
</ins> 1293 <ins>liabilities incurred through the effective date of termination, including obligations that
</ins> 1294 <ins>extend beyond the effective date of termination.
</ins> 1295 <ins>F. Upon the termination of a State's membership from this Compact, that State shall
</ins> 1296 <ins>immediately provide notice to all Licensees within that State of such termination. The
</ins> 1297 <ins>terminated State shall continue to recognize all Compact Privileges granted pursuant to this
</ins> 1298 <ins>Compact for a minimum of six months after the date of said notice of termination.
</ins> 1299 <ins>G. The Compact Commission shall not bear any costs related to a State that is found to be
</ins> 1300 <ins>in default or that has been terminated from the Compact, unless agreed upon in writing
</ins> 1301 <ins>between the Compact Commission and the defaulting State.
</ins> 1302 <ins>H. The defaulting State may appeal the action of the Compact Commission by petitioning
</ins> 1303 <ins>the U.S. District Court for the District of Columbia or the federal district where the
</ins> 1304 <ins>Compact Commission has its principal offices. The prevailing party shall be awarded all
</ins> 1305 <ins>costs of such litigation, including reasonable attorney's fees.
</ins>
1306 <ins>I. Dispute Resolution
</ins> 1307 <ins>1. Upon request by a Member State, the Compact Commission shall attempt to resolve
</ins> 1308 <ins>disputes related to the Compact that arise among Member States and between Member
</ins> 1309 <ins>and non-Member States.
</ins> 1310 <ins>2. The Compact Commission shall promulgate a Rule providing for both mediation and
</ins> 1311 <ins>binding dispute resolution for disputes as appropriate.
</ins> 1312 <ins>J. Enforcement
</ins> 1313 <ins>1. By supermajority vote, the Compact Commission may initiate legal action against a
</ins> 1314 <ins>Member State in default in the United States District Court for the District of Columbia
</ins> 1315 <ins>or the federal district where the Compact Commission has its principal offices to enforce
</ins> 1316 <ins>compliance with the provisions of the Compact and its promulgated Rules. The relief
</ins> 1317 <ins>sought may include both injunctive relief and damages. In the event judicial enforcement
</ins> 1318 <ins>is necessary, the prevailing party shall be awarded all costs of such litigation, including
</ins> 1319 <ins>reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the
</ins> 1320 <ins>Compact Commission. The Compact Commission may pursue any other remedies
</ins> 1321 <ins>available under federal or the defaulting Member State's law.
</ins> 1322 <ins>2. A Member State may initiate legal action against the Compact Commission in the U.S.
</ins> 1323 <ins>District Court for the District of Columbia or the federal district where the Compact
</ins> 1324 <ins>Commission has its principal offices to enforce compliance with the provisions of the
</ins> 1325 <ins>Compact and its promulgated Rules. The relief sought may include both injunctive relief
</ins> 1326 <ins>and damages. In the event judicial enforcement is necessary, the prevailing party shall
</ins> 1327 <ins>be awarded all costs of such litigation, including reasonable attorney's fees.
</ins> 1328 <ins>3. No party other than a Member State shall enforce this Compact against the Compact
</ins> 1329 <ins>Commission.
</ins>
1330 <ins>SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
</ins> 1331 <ins>A. The Compact shall come into effect on the date on which the Compact statute is
</ins> 1332 <ins>enacted into law in the seventh Member State.
</ins> 1333 <ins>1. On or after the effective date of the Compact, the Compact Commission shall convene
</ins> 1334 <ins>and review the enactment of each of the first seven Member States ("Charter Member
</ins> 1335 <ins>States") to determine if the statute enacted by each such Charter Member State is
</ins> 1336 <ins>materially different than the model Compact statute.
</ins> 1337 <ins>a. A Charter Member State whose enactment is found to be materially different from
</ins> 1338 <ins>the model Compact statute shall be entitled to the default process set forth in
</ins> 1339 <ins>Section 11.
</ins> 1340 <ins>b. If any Member State is later found to be in default, or is terminated, or withdraws
</ins> 1341 <ins>from the Compact, the Compact Commission shall remain in existence and the
</ins> 1342 <ins>Compact shall remain in effect even if the number of Member States should be less than
</ins> 1343 <ins>seven.
</ins> 1344 <ins>2. Member States enacting the Compact subsequent to the seven initial Charter Member
</ins> 1345 <ins>States shall be subject to the process set forth in Section 8(C)(21) to determine if their
</ins> 1346 <ins>enactments are materially different from the model Compact statute and whether they
</ins> 1347 <ins>qualify for participation in the Compact.
</ins> 1348 <ins>3. All actions taken for the benefit of the Compact Commission or in furtherance of the
</ins> 1349 <ins>purposes of the administration of the Compact prior to the effective date of the Compact
</ins> 1350 <ins>or the Compact Commission coming into existence shall be considered to be actions of
</ins> 1351 <ins>the Compact Commission unless specifically repudiated by the Compact Commission.
</ins> 1352 <ins>4. Any State that joins the Compact subsequent to the Compact Commission's initial
</ins> 1353 <ins>adoption of the Rules and bylaws shall be subject to the Rules and bylaws as they exist
</ins> 1354 <ins>on the date on which the Compact becomes law in that State. Any Rule that has been
</ins> 1355 <ins>previously adopted by the Compact Commission shall have the full force and effect of
</ins> 1356 <ins>law on the day the Compact becomes law in that State.
</ins>
1357 <ins>B. Any Member State may withdraw from this Compact by enacting a statute repealing
</ins> 1358 <ins>the same.
</ins> 1359 <ins>1. A Member State's withdrawal shall not take effect until 180 days after enactment of
</ins> 1360 <ins>the repealing statute.
</ins> 1361 <ins>2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
</ins> 1362 <ins>Licensing Authority to comply with the investigative and Adverse Action reporting
</ins> 1363 <ins>requirements of this Compact prior to the effective date of withdrawal.
</ins> 1364 <ins>3. Upon the enactment of a statute withdrawing from this Compact, a State shall
</ins> 1365 <ins>immediately provide notice of such withdrawal to all Licensees within that State.
</ins> 1366 <ins>Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
</ins> 1367 <ins>State shall continue to recognize all Compact Privileges granted pursuant to this Compact
</ins> 1368 <ins>for a minimum of 180 days after the date of such notice of withdrawal.
</ins> 1369 <ins>C. Nothing contained in this Compact shall be construed to invalidate or prevent any
</ins> 1370 <ins>licensure agreement or other cooperative arrangement between a Member State and a
</ins> 1371 <ins>non-Member State that does not conflict with the provisions of this Compact.
</ins> 1372 <ins>D. This Compact may be amended by the Member States. No amendment to this Compact
</ins> 1373 <ins>shall become effective and binding upon any Member State until it is enacted into the laws
</ins> 1374 <ins>of all Member States.
</ins> 1375 <ins>SECTION 13. CONSTRUCTION AND SEVERABILITY
</ins> 1376 <ins>A. This Compact and the Compact Commission's rulemaking authority shall be liberally
</ins> 1377 <ins>construed so as to effectuate the purposes and the implementation and administration of the
</ins> 1378 <ins>Compact. Provisions of the Compact expressly authorizing or requiring the promulgation
</ins> 1379 <ins>of Rules shall not be construed to limit the Compact Commission's rulemaking authority
</ins> 1380 <ins>solely for those purposes.
</ins> 1381 <ins>B. The provisions of this Compact shall be severable and if any phrase, clause, sentence,
</ins> 1382 <ins>or provision of this Compact is held by a court of competent jurisdiction to be contrary to
</ins>
1383 <ins>the constitution of any Member State, a State seeking participation in the Compact, or of
</ins> 1384 <ins>the United States, or the applicability thereof to any government, agency, person, or
</ins> 1385 <ins>circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity
</ins> 1386 <ins>of the remainder of this Compact and the applicability thereof to any other government,
</ins> 1387 <ins>agency, person, or circumstance shall not be affected thereby.
</ins> 1388 <ins>C. Notwithstanding Section 13(B), the Compact Commission may deny a State's
</ins> 1389 <ins>participation in the Compact or, in accordance with the requirements of Section 11(B),
</ins> 1390 <ins>terminate a Member State's participation in the Compact, if it determines that a
</ins> 1391 <ins>constitutional requirement of a Member State is a material departure from the Compact.
</ins> 1392 <ins>Otherwise, if this Compact shall be held to be contrary to the constitution of any Member
</ins> 1393 <ins>State, the Compact shall remain in full force and effect as to the remaining Member States
</ins> 1394 <ins>and in full force and effect as to the Member State affected as to all severable matters.
</ins> 1395 <ins>SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
</ins> 1396 <ins>A. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member
</ins> 1397 <ins>State that is not inconsistent with the Compact.
</ins> 1398 <ins>B. Any laws, statutes, regulations, or other legal requirements in a Member State in
</ins> 1399 <ins>conflict with the Compact are superseded to the extent of the conflict.
</ins> 1400 <ins>C. All permissible agreements between the Compact Commission and the Member States
</ins> 1401 <ins>are binding in accordance with their terms.'"
</ins>
1402 PART II
1403 Conforming cross-references
1404 SECTION 2-1.
1405 Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in
1406 Code Section 9-11-9.1, relating to affidavit to accompany charge of professional malpractice,
1407 by revising paragraph (8) of subsection (g) as follows:
1408 "(8) <del>Dietitians</del> <ins>Licensed dietitians or licensed nutritionists;"
</ins> 1409 SECTION 2-2.
1410 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code
1411 Section 31-7-351, relating to definitions relative to Georgia Long-term Care Background
1412 Check Program, by revising paragraph (7) as follows:
1413 "(7) 'Employee' means any individual who has direct access and who is hired by a facility
1414 through employment, or through a contract with such facility, including, but not limited
1415 to, housekeepers, maintenance personnel, <del>dieticians,</del> and any volunteer who has duties
1416 that are equivalent to the duties of an employee providing such services. Such term shall
1417 not include an individual who contracts with the facility, whether personally or through
1418 a company, to provide utility, construction, communications, accounting, quality
1419 assurance, human resource management, information technology, legal, or other services
1420 if the contracted services are not directly related to providing services to a patient,
1421 resident, or client of the facility. Such term shall not include any healthcare provider,
1422 including, but not limited to, physicians, dentists, nurses, <del>and</del> pharmacists, <ins>licensed
</ins> 1423 <ins>dietitians and licensed nutritionists</ins> who are licensed by the Georgia Composite Medical
1424 Board, the Georgia Board of Dentistry, the Georgia Board of Nursing, <del>or</del> the State Board
1425 of Pharmacy, <ins>or the Georgia Board of Examiners of Licensed Dietitians and Licensed
</ins> 1426 <ins>Nutritionists."
</ins>
1427 SECTION 2-3.
1428 Said title is further amended in Code Section 31-8-192, relating to definitions relative to
1429 "health share" volunteers in medicine, by revising subparagraph (N) of paragraph (5) as
1430 follows:
1431 "(N) A <ins>licensed</ins> dietitian <ins>or licensed nutritionist</ins> <del>licensed</del> under Chapter 11A of
1432 Title 43;"
1433 SECTION 2-4.
1434 Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code
1435 Section 33-20A-3, relating to definitions relative to patient protection, by revising
1436 paragraph (5) as follows:
1437 "(5) 'Healthcare provider' or 'provider' means any physician, dentist, podiatrist,
1438 pharmacist, optometrist, psychologist, clinical social worker, advanced practice <ins>registered
</ins> 1439 nurse, registered optician, licensed professional counselor, physical therapist, marriage
1440 and family therapist, chiropractor, athletic trainer qualified pursuant to Code
1441 Section 43-5-8, occupational therapist, speech language pathologist, audiologist, <ins>licensed
</ins> 1442 dietitian, <ins>licensed nutritionist,</ins> or physician assistant."
1443 SECTION 2-5.
1444 Said title is further amended in Code Section 33-20E-2, relating to application to insurers and
1445 definitions relative to surprise billing consumer protection, by revising paragraph (9) of
1446 subsection (b) as follows:
1447 "(9) 'Healthcare provider' or 'provider' means any physician, other individual, or facility
1448 other than a hospital licensed or otherwise authorized in this state to furnish healthcare
1449 services, including, but not limited to, any dentist, podiatrist, optometrist, psychologist,
1450 clinical social worker, advanced practice registered nurse, registered optician, licensed
1451 professional counselor, physical therapist, marriage and family therapist, chiropractor,
1452 athletic trainer qualified pursuant to Code Section 43-5-8, occupational therapist,
1453 speech-language pathologist, audiologist, <ins>licensed</ins> dietitian, licensed nutritionist, or
1454 physician assistant."
1455 SECTION 2-6.
1456 Said title is further amended in Code Section 33-24-59.27, relating to right to shop for
1457 insurance coverage, disclosure of pricing information, and notice, by revising paragraph (4)
1458 of subsection (b) as follows:
1459 "(4) 'Healthcare provider' or 'provider' means any physician, dentist, podiatrist,
1460 pharmacist, optometrist, psychologist, clinical social worker, advanced practice <ins>registered
</ins> 1461 nurse, registered optician, licensed professional counselor, physical therapist, marriage
1462 and family therapist, chiropractor, athletic trainer qualified pursuant to Code
1463 Section 43-5-8, occupational therapist, speech language pathologist, audiologist, <ins>licensed
</ins> 1464 dietitian, <ins>licensed nutritionist,</ins> or physician assistant."
1465 SECTION 2-7.
1466 Said title is further amended in Code Section 33-39-3, relating to definitions relative to
1467 collection, use, and disclosure of information gathered by insurance institutions, by revising
1468 paragraph (16) as follows:
1469 "(16) 'Medical professional' means any person licensed or certified to provide healthcare
1470 services to natural persons, including, but not limited to, a chiropractor, <del>clinical</del> <ins>licensed
</ins> 1471 dietitian, <ins>licensed nutritionist,</ins> clinical psychologist, dentist, nurse, occupational therapist,
1472 optometrist, pharmacist, physical therapist, physician, podiatrist, psychiatric social
1473 worker, or speech therapist."
1474 SECTION 2-8.
1475 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
1476 is amended in Code Section 43-1-28, relating to volunteers in healthcare specialties, by
1477 revising paragraphs (2) and (3) of subsection (b) as follows:
1478 "(2) 'Healthcare practitioner' means a chiropractor, registered professional nurse,
1479 podiatrist, optometrist, professional counselor, social worker, marriage and family
1480 therapist, occupational therapist, physical therapist, physician assistant, licensed practical
1481 nurse, certified nurse midwife, pharmacist, speech-language pathologist, audiologist,
1482 psychologist, <del>or</del> <ins>licensed</ins> dietitian, <ins>or licensed nutritionist.
</ins> 1483 (3) 'Healthcare specialty' means the practice of chiropractic, nursing, podiatry,
1484 optometry, professional counseling, social work, marriage and family therapy,
1485 occupational therapy, physical therapy, physician assistance, midwifery, pharmacy,
1486 speech-language pathology, audiology, psychology, <del>or</del> dietetics, <ins>or nutrition."
</ins> 1487 SECTION 2-9.
1488 Said title is further amended in Code Section 43-1-33, relating to advertisement, signage, and
1489 identifier requirements for healthcare practitioners, by revising subparagraph (c)(5)(D) as
1490 follows:
1491 "(D) <ins>Licensed dietitian or licensed nutritionist</ins> <del>Dietitian licensed or registered pursuant
</del> 1492 <del>to</del> <ins>under</ins> Chapter 11A of this title;"
1493 SECTION 2-10.
1494 Said title is further amended in Code Section 43-34-316, relating to exceptions relative to
1495 genetic counselor licensure, by revising paragraph (5) as follows:
1496 "(5) Any person using genetic data for purposes of nutritional counseling who is <del>licensed
</del> 1497 <del>as</del> a <ins>licensed</ins> dietitian <ins>or licensed nutritionist</ins> under Chapter 11A of this title <del>or exempt
</del> 1498 <del>from such licensure pursuant to paragraph (10) of Code Section 43-11A-18."
</del>
1499 SECTION 2-11.
1500 Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Code
1501 Section 51-2-5.1, relating to relationship between hospital and healthcare provider
1502 prerequisite to liability, notice regarding independent contractor status, and factors for
1503 consideration in determining status, by revising paragraph (1) of subsection (a) as follows:
1504 "(1) 'Healthcare professional' means a professional licensed as an audiologist,
1505 chiropractor, clinical social worker, dentist, <ins>licensed</ins> dietitian, <ins>licensed nutritionist,
</ins> 1506 medical doctor, marriage and family therapist, registered professional or licensed
1507 practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist,
1508 physical therapist, physician assistant, professional counselor, podiatrist, psychologist,
1509 radiological technician, respiratory therapist, or speech-language pathologist."
1510 SECTION 2-12.
1511 Said title is further amended in Code Section 51-16-1, relating to definitions relative to
1512 pandemic business safety, by revising paragraph (6) as follows:
1513 "(6) 'Healthcare provider' means any physician or other person licensed or otherwise
1514 authorized in this state to furnish healthcare services, including, but not limited to, any
1515 dentist, podiatrist, optometrist, pharmacist, psychologist, clinical social worker, advanced
1516 practice registered nurse, registered optician, licensed professional counselor, physical
1517 therapist, massage therapist, marriage and family therapist, chiropractor, athletic trainer
1518 qualified pursuant to Code Section 43-5-7, occupational therapist, speech-language
1519 pathologist, audiologist, <ins>licensed</ins> dietitian, <ins>licensed nutritionist,</ins> physician assistant,
1520 cardiac technician, emergency medical technician, paramedic, or related parties."
1521 PART III
1522 Effective date and repealer
1523 SECTION 3-1.
1524 This Act shall become effective upon its approval by the Governor or upon its becoming law
1525 without such approval.
1526 SECTION 3-2.
1527 All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 185 rewrites Georgia's dietitian licensing law to create a new, separate license for nutritionists, sets detailed education and supervised-practice rules for both, and lets Georgia join a multistate dietitian licensing compact.

### Plain-language summary

Georgia currently licenses dietitians under the Dietetics Practice Act. This bill repeals that law and replaces it with the Dietetics and Nutrition Practices Act, which keeps licensed dietitians but adds a new, separate license for nutritionists who work with less complex medical conditions. It renames the licensing board the Georgia Board of Examiners of Licensed Dietitians and Licensed Nutritionists, spells out detailed education, degree, supervised-practice-hour, and exam requirements for each license, and lays out grounds for discipline, protected professional titles, and exemptions (such as health coaches, religious counselors, and health food store employees) who can give general nutrition advice without a license.

The bill also has Georgia join the multistate Dietitian Licensure Compact, letting dietitians licensed in other member states practice across state lines under certain conditions. It updates references to dietitians in several other Georgia laws (on malpractice affidavits, background checks, insurance, and torts) to also cover licensed nutritionists. The law would take effect as soon as the Governor signs it.

### What it does

- Repeals and replaces Georgia's Dietetics Practice Act with a new law creating two license types: licensed dietitian and licensed nutritionist, each with different scopes of practice.
- Renames the licensing board the Georgia Board of Examiners of Licensed Dietitians and Licensed Nutritionists and sets its nine-member composition, including six dietitians, one public member, one nutritionist, and one physician.
- Sets detailed education, degree, supervised-practice-hour (1,000 hours minimum), and examination requirements separately for dietitian and nutritionist licenses.
- Authorizes the board to require criminal background checks, including fingerprinting through the Georgia Crime Information Center, for license applicants.
- Lists grounds for refusing, suspending, or revoking a license and allows fines up to $500 per violation, plus creates a misdemeanor penalty for practicing or using protected titles without a license.
- Enters Georgia into the interstate Dietitian Licensure Compact, letting dietitians licensed in other member states practice in Georgia under a compact privilege, and updates several other Georgia code sections to add 'licensed nutritionist' alongside 'dietitian.'

### Who it affects

Licensed dietitians and the newly created licensed nutritionists in Georgia, applicants seeking either license, the Georgia Board of Examiners of Licensed Dietitians and Licensed Nutritionists, hospitals and nursing homes, health food stores, health coaches and wellness educators who rely on the licensing exemptions, and other states participating in the interstate compact.

### Why it matters

Georgians seeking nutrition guidance would see a new licensed nutritionist category alongside dietitians, with different scopes for treating complex versus noncomplex medical conditions. The compact could make it easier for out-of-state dietitians to practice in Georgia, while new licensing rules, background checks, and misdemeanor penalties for unlicensed practice affect who can legally call themselves a dietitian or nutritionist.

### Key provisions

- Code Section 43-11A-3 defines key terms including 'complex medical condition,' 'noncomplex medical condition,' 'medical nutrition therapy,' and distinguishes the practice of dietetics from the practice of nutrition.
- Code Section 43-11A-10 sets licensure requirements: dietitians need a master's or doctoral degree, 1,000 supervised hours, and the registered dietitian exam; nutritionists need a related master's or doctoral degree, specific coursework, 1,000 supervised hours split across practice areas, and a certified nutrition specialist exam.
- Code Section 43-11A-11 allows one-year, non-renewable provisional licenses for applicants who have completed education and supervised practice but not yet full licensure.
- Code Section 43-11A-15 lets the board fine violators up to $500 per violation and suspend, revoke, or restrict licenses for offenses including fraud, felony convictions, or unprofessional conduct.
- Code Section 43-11A-16 makes it a misdemeanor to use protected titles like 'licensed dietitian' or 'licensed nutritionist' without holding the corresponding license.
- Code Section 43-11A-18 exempts certain people from licensure, including supervised students, military dietitians, other licensed healthcare providers doing nutrition therapy incidental to their practice, and health food store employees giving general nonmedical nutrition information.
- Article 2 (Code Sections 43-11A-30 and 43-11A-31) enacts the Dietitian Licensure Compact, creating a multistate Compact Commission and letting Georgia-licensed dietitians and dietitians from other member states practice across state lines under a 'compact privilege.'
- Part II amends Titles 9, 31, 33, 43, and 51 to add 'licensed nutritionist' next to existing references to dietitians in malpractice, background check, insurance, and tort statutes; Part III makes the Act effective upon the Governor's signature.

## Status

- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-05-11 (2026-05-11)
- Sponsors: Ginny Ehrhart, Alan Powell, Matt Brass
- Official page: https://www.legis.ga.gov/legislation/69666

> The history, votes, and amendments (1,605 characters) are at https://georgiacommons.org/bills/2025-2026/hb185.md?full=1