All Roll Calls
Yes: 133 • No: 0
ArkansasHB11852025 Regular SessionHouseWALLET
TO ADOPT THE DIETITIAN LICENSURE COMPACT IN ARKANSAS.
Sponsored By: Clint Penzo (Republican), Lee Johnson (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 1 benefits, 1 costs, 7 mixed.
Dietitian discipline can halt cross-state work
Discipline that restricts a dietitian's Home State license revokes Compact Privileges in all other participating states. Those privileges remain revoked until all license restrictions are removed. Restoring privileges requires Home State certification, meeting Compact qualifications, and reapplying under each other state's requirements. A state can also recover investigation and case costs when a case results in discipline and state law allows recovery. The Compact sets no amount for those charges.
Dietitians gain cross-state practice with conditions
The law creates a Compact Privilege so qualifying dietitians can practice in participating states without separate state licenses. Dietitians need a current, unrestricted Home State license and either current Registered Dietitian registration or the required training and exam. The training route requires an accredited master's or doctoral degree, or approved foreign equivalent, and at least 1,000 supervised hours. It also requires an approved national exam passed within five years before initial licensure, plus continuous licensure, subject to Commission rules. Applicants must notify the Commission, pay applicable fees, and meet the other state's required state-law tests. Dietitians follow that state's practice laws, but only their Home State's continuing-education rules. Privileges expire with the Home State license; specified licensing actions from nonmember states must be reported within 30 days.
Moving dietitians get a licensing pathway
Dietitians moving between participating states can apply for a new Home State license through the Compact. They must pay applicable fees, notify both states, and have their Compact eligibility verified. The new state may require FBI fingerprint checks, other criminal-history information, and a test on its practice laws. Once the new license starts, the former Home State converts its license to a Compact Privilege. Dietitians who do not qualify can face the new state's separate state-license requirements.
Military dietitians can keep licensing continuity
An active-duty military member or spouse can choose a Home State where they hold a current dietitian license in good standing. They can keep that designation throughout the service member's active duty. This preserves their Home State licensing basis during military service or a related move.
Compact dietitians face paid background checks
Arkansas applicants planning to join the Compact and covered licensees must complete state and national fingerprint-based background checks. They must authorize release of results to the Arkansas Dietetics Licensing Board and pay any associated fee. The Board must follow limits on criminal-record licensing decisions and protect private check information. Participating states must regulate dietetics, investigate complaints, share required licensing information, and enforce Compact rules. States must use FBI search results for initial Compact eligibility checks within the timeline set by Commission rules.
Dietitians get transition time when states leave
A state can leave by repealing the Compact; withdrawal takes effect 180 days after the repeal law is enacted. It must notify licensees, honor privileges for at least 180 days after notice, and keep reporting through its withdrawal date. The Commission can terminate a defaulting state by majority vote after notice, proposed fixes, assistance, and other compliance efforts fail. A terminated state must notify licensees and honor their privileges for at least six months after termination notice. Termination does not erase obligations the state already incurred.
Arkansas adopts binding dietitian Compact rules
The Arkansas Dietetics Licensing Board administers the Compact, which starts when the seventh state enacts it. Commission rules have legal force without Board adoption; Arkansas assigns rule-rejection authority to the General Assembly or Legislative Council. A Commission rule is ineffective where a court finds it conflicts with state laws governing dietitian practice. The Compact itself overrides conflicting state requirements only to the extent of the conflict; nonconflicting requirements remain enforceable. The Commission must cover duty-related settlements and judgments for its members and staff, excluding intentional, willful, or wanton misconduct.
Dietitian records are shared with safeguards
The Commission runs a shared data system and gives each Compact Privilege applicant a unique identifier. States must submit identity, license status, discipline, application denials and reasons, and current significant investigation information. Monitoring or rehabilitation program details are shared only when state law does not make them confidential. Significant investigation information is limited to member states; contributing states can restrict public sharing, and legally expunged information must be removed. Commission-certified records qualify as authenticated business records and for related hearsay exceptions in relevant state proceedings.
States coordinate dietitian investigations and discipline
Only the Home State can discipline its own license; another participating state can discipline practice privileges under its due-process rules. Home States must treat reported out-of-state conduct like in-state conduct and apply their own laws. States can rely on another state's findings while following their own procedures, and must share materials for joint investigations. A former Home State must finish a pending investigation after a move and promptly report its conclusions. The data administrator must promptly notify the new Home State of resulting discipline and other member states of reported disciplinary actions. Interstate subpoenas are enforced through courts under their procedures; the issuing authority pays applicable witness fees and expenses.
Sponsors & Cosponsors
Sponsors
Clint Penzo
Republican • Senate
Lee Johnson
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/14/2025
Senate Vote - Monday, April 14, 2025 12:05:21 PM
Yes: 34 • No: 0 • Other: 1
House vote • 3/5/2025
House Vote - Wednesday, March 5, 2025 3:02:56 PM
Yes: 99 • No: 0
Actions Timeline
Notification that HB1185 is now Act 799
4/17/2025HouseCorrectly enrolled and ordered transmitted to the Governor's Office.
4/15/2025HouseTO BE ENROLLED
4/14/2025HouseReturned from the Senate as passed.
4/14/2025HouseReturned to the House as passed.
4/14/2025SenateRead the third time and passed.
4/14/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/9/2025SenateRead first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE
3/5/2025SenateReceived from the House.
3/5/2025SenateRead the third time and passed and ordered transmitted to the Senate.
3/5/2025HouseReturned by the Committee Do Pass
3/4/2025HouseREPORTED CORRECTLY ENGROSSED
2/27/2025HouseAmendment No. 3 read and adopted and the bill ordered engrossed.
2/27/2025HousePlaced on second reading for the purpose of amendment.
2/27/2025HouseREPORTED CORRECTLY ENGROSSED
2/26/2025HouseAmendment No. 2 read and adopted and the bill ordered engrossed.
2/26/2025HousePlaced on second reading for the purpose of amendment.
2/26/2025HouseREPORTED CORRECTLY ENGROSSED
2/13/2025HouseAmendment No. 1 read and adopted and the bill ordered engrossed.
2/13/2025HousePlaced on second reading for the purpose of amendment.
2/13/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE
1/22/2025HouseFiled
1/21/2025House
Bill Text
HB1185 - Introduced
1/21/2025
Act Version
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