Bill Text: MI HB4066 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Health occupations; physicians; interstate medical licensure compact; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16189 & repeals sec. 16189. TIE BAR WITH: HB 4067'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-10-12 - Referred To Committee On Health Policy [HB4066 Detail]

Download: Michigan-2017-HB4066-Engrossed.html

HB-4066, As Passed House, October 10, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4066

 

 

January 24, 2017, Introduced by Reps. Tedder and Marino and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 16189; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16189. (1) Beginning 180 days after the effective date of

 

this section, the interstate medical licensure compact is enacted

 

into law and entered into by this state as a party with all

 

jurisdictions that legally join in the compact, in the form

 

substantially as follows:

 

INTERSTATE MEDICAL LICENSURE COMPACT

 

     SECTION 1. PURPOSE

 


In order to strengthen access to health care, and in recognition of

 

the advances in the delivery of health care, the member states of

 

the Interstate Medical Licensure Compact have allied in common

 

purpose to develop a comprehensive process that complements the

 

existing licensing and regulatory authority of state medical

 

boards, provides a streamlined process that allows physicians to

 

become licensed in multiple states, thereby enhancing the

 

portability of a medical license and ensuring the safety of

 

patients. The Compact creates another pathway for licensure and

 

does not otherwise change a state's existing Medical Practice Act.

 

The Compact also adopts the prevailing standard for licensure and

 

affirms that the practice of medicine occurs where the patient is

 

located at the time of the physician-patient encounter, and

 

therefore, requires the physician to be under the jurisdiction of

 

the state medical board where the patient is located. State medical

 

boards that participate in the Compact retain the jurisdiction to

 

impose an adverse action against a license to practice medicine in

 

that state issued to a physician through the procedures in the

 

Compact.

 

     SECTION 2. DEFINITIONS

 

In this compact:

 

     (a) "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.

 

     (b) "Commissioner" means the voting representative appointed

 

by each member board pursuant to Section 11.

 

     (c) "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 for purposes of disciplinary action by a

 

member board.

 

     (d) "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.

 

     (e) "Interstate Commission" means the interstate commission

 

created pursuant to Section 11.

 

     (f) "License" means authorization by a state for a physician

 

to engage in the practice of medicine, which would be unlawful

 

without the authorization.

 

     (g) "Medical Practice Act" means laws and regulations

 

governing the practice of allopathic and osteopathic medicine

 

within a member state.

 

     (h) "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.

 

     (i) "Member State" means a state that has enacted the Compact.

 

     (j) "Practice of medicine" means the diagnosis, treatment,

 

prevention, cure, or relieving of a human disease, ailment, defect,

 

complaint, or other physical or mental condition, by attendance,

 

advice, device, diagnostic test, or other means, or offering,

 

undertaking, attempting to do, or holding oneself out as able to

 

do, any of these acts.


     (k) "Physician" means any person who:

 

     (1) Is a graduate of a medical school accredited by the

 

Liaison Committee on Medical Education, the Commission on

 

Osteopathic College Accreditation, or a medical school listed in

 

the International Medical Education Directory or its equivalent;

 

     (2) Passed each component of the United States Medical

 

Licensing Examination (USMLE) or the Comprehensive Osteopathic

 

Medical Licensing Examination (COMLEX-USA) within three attempts,

 

or any of its predecessor examinations accepted by a state medical

 

board as an equivalent examination for licensure purposes;

 

     (3) Successfully completed graduate medical education approved

 

by the Accreditation Council for Graduate Medical Education or the

 

American Osteopathic Association;

 

     (4) Holds specialty certification or a time-unlimited

 

specialty certificate recognized by the American Board of Medical

 

Specialties or the American Osteopathic Association's Bureau of

 

Osteopathic Specialists;

 

     (5) Possesses a full and unrestricted license to engage in the

 

practice of medicine issued by a member board;

 

     (6) Has never been convicted, received adjudication, deferred

 

adjudication, community supervision, or deferred disposition for

 

any offense by a court of appropriate jurisdiction;

 

     (7) Has never held a license authorizing the practice of

 

medicine subjected to discipline by a licensing agency in any

 

state, federal, or foreign jurisdiction, excluding any action

 

related to non-payment of fees related to a license;

 

     (8) Has never had a controlled substance license or permit


suspended or revoked by a state or the United States Drug

 

Enforcement Administration; and

 

     (9) Is not under active investigation by a licensing agency or

 

law enforcement authority in any state, federal, or foreign

 

jurisdiction.

 

     (l) "Offense" means a felony, high court misdemeanor, or crime

 

of moral turpitude.

 

     (m) "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, if

 

the rule is not inconsistent with the laws of the member state. The

 

term includes the amendment, repeal, or suspension of an existing

 

rule.

 

     (n) "State" means any state, commonwealth, district, or

 

territory of the United States.

 

     (o) "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.

 

     SECTION 3. ELIGIBILITY

 

     (a) A physician must meet the eligibility requirements as

 

defined in Section 2(k) to receive an expedited license under the

 

terms and provisions of the Compact.

 

     (b) A physician who does not meet the requirements of Section


2(k) may obtain a license to practice medicine in a member state if

 

the individual complies with all laws and requirements, other than

 

the Compact, relating to the issuance of a license to practice

 

medicine in that state.

 

     SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

 

     (a) A physician shall designate a member state as the state of

 

principal license for purposes of registration for expedited

 

licensure through the Compact if the physician possesses a full and

 

unrestricted license to practice medicine in that state, and the

 

state is:

 

     (1) the state of primary residence for the physician, or

 

     (2) the state where at least 25% of the practice of medicine

 

occurs, or

 

     (3) the location of the physician's employer, or

 

     (4) 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.

 

     (b) A physician may redesignate a member state as state of

 

principal license at any time, as long as the state meets the

 

requirements in subsection (a).

 

     (c) The Interstate Commission is authorized to develop rules

 

to facilitate redesignation of another member state as the state of

 

principal license.

 

     SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

 

     (a) A physician seeking licensure through the Compact shall

 

file an application for an expedited license with the member board

 

of the state selected by the physician as the state of principal


license.

 

     (b) Upon receipt of an application for an expedited license,

 

the member board within the state selected as the state of

 

principal license shall evaluate whether the physician is eligible

 

for expedited licensure and issue a letter of qualification,

 

verifying or denying the physician's eligibility, to the Interstate

 

Commission.

 

     (i) Static qualifications, which include verification of

 

medical education, graduate medical education, results of any

 

medical or licensing examination, and other qualifications as

 

determined by the Interstate Commission through rule, shall not be

 

subject to additional primary source verification where already

 

primary source verified by the state of principal license.

 

     (ii) The member board within the state selected as the state

 

of principal license shall, in the course of verifying eligibility,

 

perform a criminal background check of an applicant, including the

 

use of the results of fingerprint or other biometric data checks

 

compliant with the requirements of the Federal Bureau of

 

Investigation, with the exception of federal employees who have

 

suitability determination in accordance with U.S. CFR 731.202.

 

     (iii) Appeal on the determination of eligibility shall be made

 

to the member state where the application was filed and shall be

 

subject to the law of that state.

 

     (c) Upon verification in subsection (b), physicians eligible

 

for an expedited license shall complete the registration process

 

established by the Interstate Commission to receive a license in a

 

member state selected pursuant to subsection (a), including the


payment of any applicable fees.

 

     (d) After receiving verification of eligibility under

 

subsection (b) and any fees under subsection (c), a member board

 

shall issue an expedited license to the physician. This license

 

shall authorize the physician to practice medicine in the issuing

 

state consistent with the Medical Practice Act and all applicable

 

laws and regulations of the issuing member board and member state.

 

     (e) An expedited license shall be valid for a period

 

consistent with the licensure period in the member state and in the

 

same manner as required for other physicians holding a full and

 

unrestricted license within the member state.

 

     (f) An expedited license obtained through the Compact shall be

 

terminated if a physician fails to maintain a license in the state

 

of principal licensure for a non-disciplinary reason, without

 

redesignation of a new state of principal licensure.

 

     (g) The Interstate Commission is authorized to develop rules

 

regarding the application process, including payment of any

 

applicable fees, and the issuance of an expedited license.

 

     SECTION 6. FEES FOR EXPEDITED LICENSURE

 

     (a) A member state issuing an expedited license authorizing

 

the practice of medicine in that state, or the regulating authority

 

of the member state, may impose a fee for a license issued or

 

renewed through the Compact.

 

     (b) The Interstate Commission is authorized to develop rules

 

regarding fees for expedited licenses. However, those rules shall

 

not limit the authority of a member state, or the regulating

 

authority of the member state, to impose and determine the amount


of a fee under subsection (a).

 

     SECTION 7. RENEWAL AND CONTINUED PARTICIPATION

 

     (a) A physician seeking to renew an expedited license granted

 

in a member state shall complete a renewal process with the

 

Interstate Commission if the physician:

 

     (1) Maintains a full and unrestricted license in a state of

 

principal license;

 

     (2) Has not been convicted, received adjudication, deferred

 

adjudication, community supervision, or deferred disposition for

 

any offense by a court of appropriate jurisdiction;

 

     (3) 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 non-

 

payment of fees related to a license; and

 

     (4) Has not had a controlled substance license or permit

 

suspended or revoked by a state or the United States Drug

 

Enforcement Administration.

 

     (b) Physicians shall comply with all continuing professional

 

development or continuing medical education requirements for

 

renewal of a license issued by a member state.

 

     (c) The Interstate Commission shall collect any renewal fees

 

charged for the renewal of a license and distribute the fees to the

 

applicable member board.

 

     (d) Upon receipt of any renewal fees collected in subsection

 

(c), a member board shall renew the physician's license.

 

     (e) Physician information collected by the Interstate

 

Commission during the renewal process will be distributed to all


member boards.

 

     (f) The Interstate Commission is authorized to develop rules

 

to address renewal of licenses obtained through the Compact.

 

     SECTION 8. COORDINATED INFORMATION SYSTEM

 

     (a) The Interstate Commission shall establish a database of

 

all physicians licensed, or who have applied for licensure, under

 

Section 5.

 

     (b) Notwithstanding any other provision of law, member boards

 

shall report to the Interstate Commission any public action or

 

complaints against a licensed physician who has applied or received

 

an expedited license through the Compact.

 

     (c) Member boards shall report disciplinary or investigatory

 

information determined as necessary and proper by rule of the

 

Interstate Commission.

 

     (d) Member boards may report any non-public complaint,

 

disciplinary, or investigatory information not required by

 

subsection (c) to the Interstate Commission.

 

     (e) Member boards shall share complaint or disciplinary

 

information about a physician upon request of another member board.

 

     (f) All information provided to the Interstate Commission or

 

distributed by member boards shall be confidential, filed under

 

seal, and used only for investigatory or disciplinary matters.

 

     (g) The Interstate Commission is authorized to develop rules

 

for mandated or discretionary sharing of information by member

 

boards.

 

     SECTION 9. JOINT INVESTIGATIONS

 

     (a) Licensure and disciplinary records of physicians are


deemed investigative.

 

     (b) In addition to the authority granted to a member board by

 

its respective Medical Practice Act or other applicable state law,

 

a member board may participate with other member boards in joint

 

investigations of physicians licensed by the member boards.

 

     (c) A subpoena issued by a member state shall be enforceable

 

in other member states.

 

     (d) Member boards may share any investigative, litigation, or

 

compliance materials in furtherance of any joint or individual

 

investigation initiated under the Compact.

 

     (e) Any member state may investigate actual or alleged

 

violations of the statutes authorizing the practice of medicine in

 

any other member state in which a physician holds a license to

 

practice medicine.

 

     SECTION 10. DISCIPLINARY ACTIONS

 

     (a) Any disciplinary action taken by any member board against

 

a physician licensed through the Compact shall be deemed

 

unprofessional conduct which may be subject to discipline by other

 

member boards, in addition to any violation of the Medical Practice

 

Act or regulations in that state.

 

     (b) If a license granted to a physician by the member board in

 

the state of principal license is revoked, surrendered or

 

relinquished in lieu of discipline, or suspended, then all licenses

 

issued to the physician by member boards shall automatically be

 

placed, without further action necessary by any member board, on

 

the same status. If the member board in the state of principal

 

license subsequently reinstates the physician's license, a license


issued to the physician by any other member board shall remain

 

encumbered until that respective member board takes action to

 

reinstate the license in a manner consistent with the Medical

 

Practice Act of that state.

 

     (c) If disciplinary action is taken against a physician by a

 

member board not in the state of principal license, any other

 

member board may deem the action conclusive as to matter of law and

 

fact decided, and:

 

     (i) impose the same or lesser sanction(s) against the

 

physician so long as such sanctions are consistent with the Medical

 

Practice Act of that state;

 

     (ii) or pursue separate disciplinary action against the

 

physician under its respective Medical Practice Act, regardless of

 

the action taken in other member states.

 

     (d) If a license granted to a physician by a member board is

 

revoked, surrendered or relinquished in lieu of discipline, or

 

suspended, then any license(s) issued to the physician by any other

 

member board(s) shall be suspended, automatically and immediately

 

without further action necessary by the other member board(s), for

 

ninety (90) days upon entry of the order by the disciplining board,

 

to permit the member board(s) to investigate the basis for the

 

action under the Medical Practice Act of that state. A member board

 

may terminate the automatic suspension of the license it issued

 

prior to the completion of the ninety (90) day suspension period in

 

a manner consistent with the Medical Practice Act of that state.

 

     SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

 

     (a) The member states hereby create the "Interstate Medical


Licensure Compact Commission".

 

     (b) The purpose of the Interstate Commission is the

 

administration of the Interstate Medical Licensure Compact, which

 

is a discretionary state function.

 

     (c) The Interstate Commission shall be a body corporate and

 

joint agency of the member states and shall have all the

 

responsibilities, powers, and duties set forth in the Compact, and

 

such additional powers as may be conferred upon it by a subsequent

 

concurrent action of the respective legislatures of the member

 

states in accordance with the terms of the Compact.

 

     (d) The Interstate Commission shall consist of two voting

 

representatives appointed by each member state who shall serve as

 

Commissioners. In states where allopathic and osteopathic

 

physicians are regulated by separate member boards, or if the

 

licensing and disciplinary authority is split between multiple

 

member boards within a member state, the member state shall appoint

 

one representative from each member board. A Commissioner shall be

 

a(n):

 

     (1) Allopathic or osteopathic physician appointed to a member

 

board;

 

     (2) Executive director, executive secretary, or similar

 

executive of a member board; or

 

     (3) Member of the public appointed to a member board.

 

     (e) The Interstate Commission shall meet at least once each

 

calendar year. A portion of this meeting shall be a business

 

meeting to address such matters as may properly come before the

 

Commission, including the election of officers. The chairperson may


call additional meetings and shall call for a meeting upon the

 

request of a majority of the member states.

 

     (f) The bylaws may provide for meetings of the Interstate

 

Commission to be conducted by telecommunication or electronic

 

communication.

 

     (g) Each Commissioner participating at a meeting of the

 

Interstate Commission is entitled to one vote. A majority of

 

Commissioners shall constitute a quorum for the transaction of

 

business, unless a larger quorum is required by the bylaws of the

 

Interstate Commission. A Commissioner shall not delegate a vote to

 

another Commissioner. In the absence of its Commissioner, a member

 

state may delegate voting authority for a specified meeting to

 

another person from that state who shall meet the requirements of

 

subsection (d).

 

     (h) The Interstate Commission shall provide public notice of

 

all meetings and all meetings shall be open to the public. The

 

Interstate Commission may close a meeting, in full or in portion,

 

where it determines by a two-thirds vote of the Commissioners

 

present that an open meeting would be likely to:

 

     (1) Relate solely to the internal personnel practices and

 

procedures of the Interstate Commission;

 

     (2) Discuss matters specifically exempted from disclosure by

 

federal statute;

 

     (3) Discuss trade secrets, commercial, or financial

 

information that is privileged or confidential;

 

     (4) Involve accusing a person of a crime, or formally

 

censuring a person;


     (5) Discuss information of a personal nature where disclosure

 

would constitute a clearly unwarranted invasion of personal

 

privacy;

 

     (6) Discuss investigative records compiled for law enforcement

 

purposes; or

 

     (7) Specifically relate to the participation in a civil action

 

or other legal proceeding.

 

     (i) The Interstate Commission shall keep minutes which shall

 

fully describe all matters discussed in a meeting and shall provide

 

a full and accurate summary of actions taken, including record of

 

any roll call votes.

 

     (j) The Interstate Commission shall make its information and

 

official records, to the extent not otherwise designated in the

 

Compact or by its rules, available to the public for inspection.

 

     (k) The Interstate Commission shall establish an executive

 

committee, which shall include officers, members, and others as

 

determined by the bylaws. The executive committee shall have the

 

power to act on behalf of the Interstate Commission, with the

 

exception of rulemaking, during periods when the Interstate

 

Commission is not in session. When acting on behalf of the

 

Interstate Commission, the executive committee shall oversee the

 

administration of the Compact including enforcement and compliance

 

with the provisions of the Compact, its bylaws and rules, and other

 

such duties as necessary.

 

     (l) The Interstate Commission may establish other committees

 

for governance and administration of the Compact.

 

     SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION


The Interstate Commission shall have the duty and power to:

 

     (a) Oversee and maintain the administration of the Compact;

 

     (b) Promulgate rules which shall be binding to the extent and

 

in the manner provided for in the Compact;

 

     (c) Issue, upon the request of a member state or member board,

 

advisory opinions concerning the meaning or interpretation of the

 

Compact, its bylaws, rules, and actions;

 

     (d) Enforce compliance with Compact provisions, the rules

 

promulgated by the Interstate Commission, and the bylaws, using all

 

necessary and proper means, including but not limited to the use of

 

judicial process;

 

     (e) Establish and appoint committees including, but not

 

limited to, an executive committee as required by Section 11, which

 

shall have the power to act on behalf of the Interstate Commission

 

in carrying out its powers and duties;

 

     (f) Pay, or provide for the payment of the expenses related to

 

the establishment, organization, and ongoing activities of the

 

Interstate Commission;

 

     (g) Establish and maintain one or more offices;

 

     (h) Borrow, accept, hire, or contract for services of

 

personnel;

 

     (i) Purchase and maintain insurance and bonds;

 

     (j) Employ an executive director who shall have such powers to

 

employ, select or appoint employees, agents, or consultants, and to

 

determine their qualifications, define their duties, and fix their

 

compensation;

 

     (k) Establish personnel policies and programs relating to


conflicts of interest, rates of compensation, and qualifications of

 

personnel;

 

     (l) Accept donations and grants of money, equipment, supplies,

 

materials and services, and to receive, utilize, and dispose of it

 

in a manner consistent with the conflict of interest policies

 

established by the Interstate Commission;

 

     (m) Lease, purchase, accept contributions or donations of, or

 

otherwise to own, hold, improve or use, any property, real,

 

personal, or mixed;

 

     (n) Sell, convey, mortgage, pledge, lease, exchange, abandon,

 

or otherwise dispose of any property, real, personal, or mixed;

 

     (o) Establish a budget and make expenditures;

 

     (p) Adopt a seal and bylaws governing the management and

 

operation of the Interstate Commission;

 

     (q) Report annually to the legislatures and governors of the

 

member states concerning the activities of the Interstate

 

Commission during the preceding year. Such reports shall also

 

include reports of financial audits and any recommendations that

 

may have been adopted by the Interstate Commission;

 

     (r) Coordinate education, training, and public awareness

 

regarding the Compact, its implementation, and its operation;

 

     (s) Maintain records in accordance with the bylaws;

 

     (t) Seek and obtain trademarks, copyrights, and patents; and

 

     (u) Perform such functions as may be necessary or appropriate

 

to achieve the purposes of the Compact.

 

     SECTION 13. FINANCE POWERS

 

     (a) The Interstate Commission may levy on and collect an


annual assessment from each member state to cover the cost of the

 

operations and activities of the Interstate Commission and its

 

staff. The total assessment, subject to appropriation, must be

 

sufficient to cover the annual budget approved each year for which

 

revenue is not provided by other sources. The aggregate annual

 

assessment amount shall be allocated upon a formula to be

 

determined by the Interstate Commission, which shall promulgate a

 

rule binding upon all member states.

 

     (b) The Interstate Commission shall not incur obligations of

 

any kind prior to securing the funds adequate to meet the same.

 

     (c) The Interstate Commission shall not pledge the credit of

 

any of the member states, except by, and with the authority of, the

 

member state.

 

     (d) The Interstate Commission shall be subject to a yearly

 

financial audit conducted by a certified or licensed public

 

accountant and the report of the audit shall be included in the

 

annual report of the Interstate Commission.

 

     SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE

 

COMMISSION

 

     (a) The Interstate Commission shall, by a majority of

 

Commissioners present and voting, adopt bylaws to govern its

 

conduct as may be necessary or appropriate to carry out the

 

purposes of the Compact within twelve (12) months of the first

 

Interstate Commission meeting.

 

     (b) The Interstate Commission shall elect or appoint annually

 

from among its Commissioners a chairperson, a vice-chairperson, and

 

a treasurer, each of whom shall have such authority and duties as


may be specified in the bylaws. The chairperson, or in the

 

chairperson's absence or disability, the vice-chairperson, shall

 

preside at all meetings of the Interstate Commission.

 

     (c) Officers selected in subsection (b) shall serve without

 

remuneration from the Interstate Commission.

 

     (d) The officers and employees of the Interstate Commission

 

shall be immune from suit and liability, either personally or in

 

their official capacity, for a claim for damage to or loss of

 

property or personal injury or other civil liability caused or

 

arising out of, or relating to, an actual or alleged act, error, or

 

omission that occurred, or that such person had a reasonable basis

 

for believing occurred, within the scope of Interstate Commission

 

employment, duties, or responsibilities; provided that such person

 

shall not be protected from suit or liability for damage, loss,

 

injury, or liability caused by the intentional or willful and

 

wanton misconduct of such person.

 

     (1) 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 liability for damage, loss, injury, or

 

liability caused by the intentional or willful and wanton


misconduct of such person.

 

     (2) 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, 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 person.

 

     (3) 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.

 

     SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION


     (a) The Interstate Commission shall promulgate reasonable

 

rules in order to effectively and efficiently achieve the purposes

 

of the Compact. Notwithstanding the foregoing, in the event the

 

Interstate Commission exercises its rulemaking authority in a

 

manner that is beyond the scope of the purposes of the Compact, or

 

the powers granted hereunder, then such an action by the Interstate

 

Commission shall be invalid and have no force or effect.

 

     (b) Rules deemed appropriate for the operations of the

 

Interstate Commission shall be made pursuant to a rulemaking

 

process that substantially conforms to the "Model State

 

Administrative Procedure Act" of 2010, and subsequent amendments

 

thereto.

 

     (c) Not later than thirty (30) days after a rule is

 

promulgated, any person may file a petition for judicial review of

 

the rule in the United States District Court for the District of

 

Columbia or the federal district where the Interstate Commission

 

has its principal offices, provided that the filing of such a

 

petition shall not stay or otherwise prevent the rule from becoming

 

effective unless the court finds that the petitioner has a

 

substantial likelihood of success. The court shall give deference

 

to the actions of the Interstate Commission consistent with

 

applicable law and shall not find the rule to be unlawful if the

 

rule represents a reasonable exercise of the authority granted to

 

the Interstate Commission.

 

     SECTION 16. OVERSIGHT OF INTERSTATE COMPACT

 

     (a) The executive, legislative, and judicial branches of state

 

government in each member state shall enforce the Compact and shall


take all actions necessary and appropriate to effectuate the

 

Compact's purposes and intent. The provisions of the Compact and

 

the rules promulgated hereunder shall have standing as statutory

 

law but shall not override existing state authority to regulate the

 

practice of medicine.

 

     (b) All courts shall take judicial notice of the Compact and

 

the rules in any judicial or administrative proceeding in a member

 

state pertaining to the subject matter of the Compact which may

 

affect the powers, responsibilities or actions of the Interstate

 

Commission.

 

     (c) The Interstate Commission shall be entitled to receive all

 

service of process in any such proceeding, and shall have standing

 

to intervene in the proceeding for all purposes. Failure to provide

 

service of process to the Interstate Commission shall render a

 

judgment or order void as to the Interstate Commission, the

 

Compact, or promulgated rules.

 

     SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT

 

     (a) The Interstate Commission, in the reasonable exercise of

 

its discretion, shall enforce the provisions and rules of the

 

Compact.

 

     (b) The Interstate Commission may, by majority vote of the

 

Commissioners, initiate legal action in the United States District

 

Court for the District of Columbia, or, at the discretion of the

 

Interstate Commission, in the federal district where the Interstate

 

Commission has its principal offices, to enforce compliance with

 

the provisions of the Compact, and its promulgated rules and

 

bylaws, against a member state in default. The relief sought may


include both injunctive relief and damages. In the event judicial

 

enforcement is necessary, the prevailing party shall be awarded all

 

costs of such litigation including reasonable attorney's fees.

 

     (c) The remedies herein shall not be the exclusive remedies of

 

the Interstate Commission. The Interstate Commission may avail

 

itself of any other remedies available under state law or the

 

regulation of a profession.

 

     SECTION 18. DEFAULT PROCEDURES

 

     (a) The grounds for default include, but are not limited to,

 

failure of a member state to perform such obligations or

 

responsibilities imposed upon it by the Compact, or the rules and

 

bylaws of the Interstate Commission promulgated under the Compact.

 

     (b) If the Interstate Commission determines that a member

 

state has defaulted in the performance of its obligations or

 

responsibilities under the Compact, or the bylaws or promulgated

 

rules, the Interstate Commission shall:

 

     (1) 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

 

     (2) Provide remedial training and specific technical

 

assistance regarding the default.

 

     (c) If the defaulting state fails to cure the default, the

 

defaulting state shall be terminated from the Compact upon an

 

affirmative vote of a majority of the Commissioners and all rights,

 

privileges, and benefits conferred by the Compact shall terminate


on the effective date of termination. A cure of the default does

 

not relieve the offending state of obligations or liabilities

 

incurred during the period of the default.

 

     (d) Termination of membership in the Compact shall be imposed

 

only after all other means of securing compliance have been

 

exhausted. Notice of intent to terminate shall be given by the

 

Interstate Commission to the governor, the majority and minority

 

leaders of the defaulting state's legislature, and each of the

 

member states.

 

     (e) The Interstate Commission shall establish rules and

 

procedures to address licenses and physicians that are materially

 

impacted by the termination of a member state, or the withdrawal of

 

a member state.

 

     (f) The member state which has been terminated is responsible

 

for all dues, obligations, and liabilities incurred through the

 

effective date of termination including obligations, the

 

performance of which extends beyond the effective date of

 

termination.

 

     (g) The Interstate Commission shall not bear any costs

 

relating to any state that has been found to be in default or which

 

has been terminated from the Compact, unless otherwise mutually

 

agreed upon in writing between the Interstate Commission and the

 

defaulting state.

 

     (h) The defaulting state may appeal the action of the

 

Interstate Commission by petitioning the United States District

 

Court for the District of Columbia or the federal district where

 

the Interstate Commission has its principal offices. The prevailing


party shall be awarded all costs of such litigation including

 

reasonable attorney's fees.

 

     SECTION 19. DISPUTE RESOLUTION

 

     (a) The Interstate Commission shall attempt, upon the request

 

of a member state, to resolve disputes which are subject to the

 

Compact and which may arise among member states or member boards.

 

     (b) The Interstate Commission shall promulgate rules providing

 

for both mediation and binding dispute resolution as appropriate.

 

     SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

 

     (a) Any state is eligible to become a member state of the

 

Compact.

 

     (b) The Compact shall become effective and binding upon

 

legislative enactment of the Compact into law by no less than seven

 

(7) states. Thereafter, it shall become effective and binding on a

 

state upon enactment of the Compact into law by that state.

 

     (c) The governors of non-member states, or their designees,

 

shall be invited to participate in the activities of the Interstate

 

Commission on a non-voting basis prior to adoption of the Compact

 

by all states.

 

     (d) The Interstate Commission may propose amendments to the

 

Compact for enactment by the member states. No amendment shall

 

become effective and binding upon the Interstate Commission and the

 

member states unless and until it is enacted into law by unanimous

 

consent of the member states.

 

     SECTION 21. WITHDRAWAL

 

     (a) Once effective, the Compact shall continue in force and

 

remain binding upon each and every member state; provided that a


member state may withdraw from the Compact by specifically

 

repealing the statute which enacted the Compact into law.

 

     (b) Withdrawal from the Compact shall be by the enactment of a

 

statute repealing the same, but shall not take effect until one (1)

 

year after the effective date of such statute and until written

 

notice of the withdrawal has been given by the withdrawing state to

 

the governor of each other member state.

 

     (c) The withdrawing state shall immediately notify the

 

chairperson of the Interstate Commission in writing upon the

 

introduction of legislation repealing the Compact in the

 

withdrawing state.

 

     (d) The Interstate Commission shall notify the other member

 

states of the withdrawing state's intent to withdraw within sixty

 

(60) days of its receipt of notice provided under subsection (c).

 

     (e) The withdrawing state is responsible for all dues,

 

obligations and liabilities incurred through the effective date of

 

withdrawal, including obligations, the performance of which extend

 

beyond the effective date of withdrawal.

 

     (f) Reinstatement following withdrawal of a member state shall

 

occur upon the withdrawing state reenacting the Compact or upon

 

such later date as determined by the Interstate Commission.

 

     (g) The Interstate Commission is authorized to develop rules

 

to address the impact of the withdrawal of a member state on

 

licenses granted in other member states to physicians who

 

designated the withdrawing member state as the state of principal

 

license.

 

     SECTION 22. DISSOLUTION


     (a) The Compact shall dissolve effective upon the date of the

 

withdrawal or default of the member state which reduces the

 

membership in the Compact to one (1) member state.

 

     (b) Upon the dissolution of the Compact, the Compact becomes

 

null and void and shall be of no further force or effect, and the

 

business and affairs of the Interstate Commission shall be

 

concluded and surplus funds shall be distributed in accordance with

 

the bylaws.

 

     SECTION 23. SEVERABILITY AND CONSTRUCTION

 

     (a) The provisions of the Compact shall be severable, and if

 

any phrase, clause, sentence, or provision is deemed unenforceable,

 

the remaining provisions of the Compact shall be enforceable.

 

     (b) The provisions of the Compact shall be liberally construed

 

to effectuate its purposes.

 

     (c) Nothing in the Compact shall be construed to prohibit the

 

applicability of other interstate compacts to which the states are

 

members.

 

     SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

 

     (a) Nothing herein prevents the enforcement of any other law

 

of a member state that is not inconsistent with the Compact.

 

     (b) All laws in a member state in conflict with the Compact

 

are superseded to the extent of the conflict.

 

     (c) All lawful actions of the Interstate Commission, including

 

all rules and bylaws promulgated by the Commission, are binding

 

upon the member states.

 

     (d) All agreements between the Interstate Commission and the

 

member states are binding in accordance with their terms.


     (e) In the event any provision of the Compact exceeds the

 

constitutional limits imposed on the legislature of any member

 

state, such provision shall be ineffective to the extent of the

 

conflict with the constitutional provision in question in that

 

member state.

 

     (2) Subsection (1) shall be known as the "interstate medical

 

licensure compact".

 

     (3) This section is repealed effective 3 years after the

 

effective date of the amendatory act that added this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4067 (request no.

 

00353'17) of the 99th Legislature is enacted into law.

feedback