South DakotaHB 1144100th South Dakota Legislature (2025)HouseWALLET

adopt the dietitian licensure compact.

Sponsored By: Davis, Sydney (Republican), Rehfeldt, Taylor (Republican)

Signed by Governor

Administrative ProcedureCompactsCriminal Background InvestigationHealth CareLicensureProfessions and OccupationsPromulgation of Rules

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 2 costs, 4 mixed.

Dietitians face coordinated interstate discipline

Member states' executive and judicial branches must enforce the compact. A destination state can discipline a dietitian's practice privilege under its own procedures; only the Home State controls its license. The Home State must review reported out-of-state conduct as though it happened at home. A Home State license restriction caused by discipline revokes all compact privileges until that restriction ends. Dietitians must report discipline or license restrictions from nonmember states within 30 days. States can share findings, conduct joint investigations, enforce cross-state subpoenas as permitted by local law, and recover investigation and case-resolution costs from licensees. Monitoring or treatment programs can replace formal discipline, while the state where witnesses or evidence are located pays subpoena witness fees and costs.

Dietitians gain interstate practice with conditions

South Dakota adopts a compact letting qualified dietitians practice in member states without separate licenses there. The compact starts when the seventh state enacts it and continues even if membership later falls below seven. Applicants need an unrestricted Home State license and either current Registered Dietitian status or the specified education, training, and exam credentials. The credential route requires an accredited master's or doctoral degree, at least 1,000 supervised practice hours, and an approved national exam passed within five years before the initial application. Applicants must notify the Commission, pay applicable fees, and meet the destination state's requirements on knowledge of its laws. Practice follows the destination state's laws, but continuing education follows Home State rules; privileges expire with the Home State license. Separate state licenses remain available but do not grant compact access elsewhere, and nonmember licensing agreements can continue without conflicting with the compact.

Military dietitians can keep licensing home

Active-duty service members and their spouses can designate a state where they hold a current dietitian license in good standing. They can keep that state as their compact Home State throughout the service member's active duty. This eases the need to change their licensing home during military moves.

Dietitians pay for compact background checks

South Dakota's licensing board must set up state and federal fingerprint-based background checks for dietitians seeking compact participation. Applicants must provide fingerprints or other required biometric information and pay the fingerprinting and background-check costs. The board considers criminal history when deciding initial compact eligibility. The law does not set a dollar amount for these costs.

Dietitians get time when states exit

A state can leave the compact by passing a repeal law; withdrawal takes effect 180 days after enactment. It must notify licensees and recognize their compact privileges for at least 180 days after that notice. Withdrawal does not erase reporting duties for earlier actions, and required investigations and reporting continue during the transition. For noncompliance, the Commission must give notice, offer help and correction steps, and exhaust other compliance efforts before terminating membership by majority vote. A terminated state must notify licensees and recognize compact privileges for at least six months after the termination notice; its existing obligations and liabilities remain.

Moving dietitians face new licensing steps

Dietitians can have only one Home State for compact purposes at a time. Moving between member states requires a new Home State license application, applicable fees, and notice to both states' licensing authorities. The new state verifies eligibility through the shared database and requires FBI fingerprint checks plus any additional criminal-history or state-law requirements. Once the new license takes effect, the former Home State license becomes a compact practice privilege. Applicants who do not meet compact standards can face regular single-state licensing requirements; moves involving nonmember states follow the destination's single-state rules.

Interstate board sets dietitian compact rules

The Compact Commission administers binding rules and a shared licensing database; conflicting state requirements yield to the compact. Ordinary state rulemaking procedures do not apply, but courts can reject Commission rules conflicting with protected state practice laws. Rulemaking includes public notice and hearings, a majority vote of all Commission members, and generally at least 30 days before rules take effect. Emergency rules require 24 hours' notice and can apply retroactively up to 90 days while standard rulemaking proceeds. A majority of member-state legislatures can reject a rule within four years; compact amendments require enactment by every member state. The database assigns unique identifiers and stores license details, discipline records, denial reasons, nonconfidential monitoring-program dates, and flags for significant investigations. States must promptly report discipline and significant investigations; investigation information stays within member states, states can limit public disclosure, and legally expunged records must be removed. Commission-certified records qualify as authenticated business records and can be admitted despite hearsay rules. At a member state's request, the Commission must try to resolve compact disputes between governments, using mediation or binding dispute resolution as appropriate.

Sponsors & Cosponsors

Sponsors

  • Davis, Sydney

    Republican • Senate

  • Rehfeldt, Taylor

    Republican • House

Cosponsors

  • Emery, Eric

    Democratic • House

  • Healy, Erin

    Democratic • House

  • Larson, Liz

    Democratic • Senate

  • Muckey, Erik

    Democratic • House

  • Pourier, Peri

    Republican • House

  • Reed, Tim S.

    Republican • Senate

  • Smith, Jamie

    Democratic • Senate

  • Uhre-Balk, Nicole

    Democratic • House

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 120 • No: 5

Senate vote • 2/25/2025

Do Pass

Yes: 35 • No: 0

Senate vote • 2/24/2025

Do Pass

Yes: 7 • No: 0

House vote • 2/18/2025

Do Pass

Yes: 65 • No: 5

House vote • 2/13/2025

Do Pass

Yes: 13 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/6/2025House
  2. Delivered to the Governor

    3/3/2025House
  3. Signed by the President

    2/27/2025Senate
  4. Signed by the Speaker

    2/26/2025House
  5. Senate Do Pass, Passed, YEAS 35, NAYS 0

    2/25/2025Senate
  6. Certified uncontested, placed on consent

    2/24/2025Senate
  7. Senate Health and Human Services Do Pass, Passed, YEAS 7, NAYS 0

    2/24/2025Senate
  8. Scheduled for hearing

    2/24/2025Senate
  9. Referred to Senate Health and Human Services

    2/20/2025Senate
  10. First Reading Senate

    2/19/2025Senate
  11. House of Representatives Do Pass, Passed, YEAS 65, NAYS 5

    2/18/2025House
  12. Certified uncontested, placed on consent

    2/13/2025House
  13. House Health and Human Services Do Pass, Passed, YEAS 13, NAYS 0

    2/13/2025House
  14. Scheduled for hearing

    2/13/2025House
  15. Referred to House Health and Human Services

    2/3/2025House
  16. First Reading House

    1/30/2025House

Bill Text

  • Introduced

    1/29/2025

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