The Interstate Medical Licensure Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms, in the form substantially as follows:
INTERSTATE MEDICALLICENSURE COMPACT
SECTION 1
Purpose
In order to strengthen access to health care, and in recognition of the advances in thedeliveryof health care, the member states of the Interstate MedicalLicensureCompact have allied in common purpose to develop a comprehensiveprocessthat complements the existing licensing and regulatory authorityofstate medical boards, provides a streamlined process that allowsphysiciansto become licensed in multiple states, thereby enhancingthe portabilityof a medical license and ensuring the safety of patients.The Compactcreates another pathway for licensure and does not otherwisechangea state's existing Medical Practice Act. The Compactalso adoptsthe prevailing standard for licensure and affirms thatthe practiceof medicine occurs where the patient is located at thetime of thephysician-patient encounter, and therefore, requiresthe physicianto be under the jurisdiction of the state medical boardwhere thepatient is located. State medical boards that participatein the Compactretain the jurisdiction to impose an adverse actionagainst a licenseto practice medicine in that state issued to aphysician through theprocedures in the Compact.
SECTION 2
Definitions
In this Compact:
"Bylaws" means those bylaws established by the Interstate Commission pursuant to Section 11 for its governance, or for directing and controlling its actions and conduct.
"Commissioner" means the voting representative appointed by each member board pursuant to Section 11.
"Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final forpurposesof disciplinary action by a member board.
"Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact.
"Interstate Commission" means the interstate commission created pursuant to Section 11.
"License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
"Medical Practice Act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
"Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
"Member state" means a state that has enacted the Compact.
"Practice of medicine" means the clinical prevention, diagnosis, ortreatmentof human disease, injury, or condition requiring a physicianto obtainand maintain a license in compliance with the Medical PracticeActof a member state.
"Physician" means any person who:
SECTION 3
Eligibility
SECTION 4
Designation of State of Principal License
SECTION 5
Application andIssuance of Expedited Licensure
SECTION 6
Fees for ExpeditedLicensure
SECTION 7
Renewal and Continued Participation
SECTION 8
Coordinated Information System
SECTION 9
Joint Investigations
SECTION 10
Disciplinary Actions
SECTION 11
Interstate MedicalLicensure Compact Commission
Relate solely to the internal personnel practices and procedures of the Interstate Commission;
Discuss matters specifically exempted from disclosure by federal statute;
Discuss trade secrets, commercial, or financial information that is privilegedorconfidential;
Specifically relate to the participation in a civil action or other legal proceeding.
Discuss investigative records compiled for law enforcement purposes; or
Discuss information of a personal nature where disclosure would constitute a clearlyunwarrantedinvasion of personal privacy;
Involve accusing a person of a crime, or formally censuring a person;
SECTION 12
Powers and Dutiesof the Interstate Commission
The Interstate Commission shall have the duty and power to:
SECTION 13
Finance Powers
SECTION 14
Organizationand Operation of the Interstate Commission
SECTION 15
Rulemaking Functionsof the Interstate Commission
SECTION 16
Oversight ofInterstate Compact
SECTION 17
Enforcement ofInterstate Compact
SECTION 18
Default Procedures
SECTION 19
Dispute Resolution
SECTION 20
Member States, Effective Date and Amendment
SECTION 21
Withdrawal
SECTION 22
Dissolution
SECTION 23
Severability and Construction
SECTION 24
Binding Effectof Compact and OtherLaws
"Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
"Rule" means a written statement by the Interstate Commission promulgated pursuant to Section 12 of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
"State" means any state, commonwealth, district, or territory of the United States.
"State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the Compact.
The state of primary residence for the physician, or
The state where at least twenty-five percent (25%) of the practice of medicine occurs, or
The location of the physician's employer, or
If no state qualifies under subsection (1), subsection (2), or subsection (3), the state designated as state of residence for purpose of federal income tax.
Maintains a full and unrestricted license in a state of principal license;
Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
Has not had a controlled substance license or permit suspended or revoked by astateor the United States Drug Enforcement Administration.
Allopathic or osteopathic physician appointed to a member board;
Executive director, executive secretary, or similar executive of a member board; or
Member of the public appointed to a member board.
The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liabilityfordamage, loss, injury, or liability caused by the intentionalor willfuland wanton misconduct of such person.
The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, orresponsibilities,provided that the actual or alleged act, error,or omission did notresult from intentional or willful and wantonmisconduct on the partof such person.
To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and
Provide remedial training and specific technical assistance regarding the default.