Bill Text: NY A05540 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts the interstate medical licensure compact; provides a streamlined process that allows physicians to become licensed in multiple participating states, thereby enhancing the portability of a medical license and ensuring the safety of patients.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A05540 Detail]
Download: New_York-2021-A05540-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5540 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. PALMESANO, ASHBY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to enacting the inter- state medical licensure compact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 169 to 2 read as follows: 3 ARTICLE 169 4 INTERSTATE MEDICAL LICENSURE COMPACT 5 Section 8860. Short title. 6 8861. Purpose. 7 8862. Definitions. 8 8863. Eligibility. 9 8864. Designation of state of principal license. 10 8865. Application and issuance of expedited licensure. 11 8866. Fees for expedited licensure. 12 8867. Renewal and continued participation. 13 8868. Coordinated information system. 14 8869. Joint investigations. 15 8870. Disciplinary actions. 16 8871. Interstate medical licensure compact commission. 17 8872. Powers and duties of the interstate commission. 18 8873. Finance powers. 19 8874. Organization and operation of the interstate commission. 20 8875. Rulemaking functions of the interstate commission. 21 8876. Oversight of interstate compact. 22 8877. Enforcement of interstate compact. 23 8878. Default procedures. 24 8879. Dispute resolution. 25 8880. Member states, effective date and amendment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08101-01-1A. 5540 2 1 8881. Withdrawal. 2 8882. Dissolution. 3 8883. Severability and construction. 4 8884. Binding effect of compact and other laws. 5 § 8860. Short title. This article shall be known and may be cited as 6 the "interstate medical licensure compact". 7 § 8861. Purpose. In order to strengthen access to health care, and in 8 recognition of the advances in the delivery of health care, the member 9 states of the interstate medical licensure compact have allied in common 10 purpose to develop a comprehensive process that complements the existing 11 licensing and regulatory authority of state medical boards, provides a 12 streamlined process that allows physicians to become licensed in multi- 13 ple states, thereby enhancing the portability of a medical license and 14 ensuring the safety of patients. The compact creates another pathway 15 for licensure and does not otherwise change a state's existing medical 16 practice act. The compact also adopts the prevailing standard for licen- 17 sure and affirms that the practice of medicine occurs where the patient 18 is located at the time of the physician-patient encounter, and there- 19 fore, requires the physician to be under the jurisdiction of the state 20 medical board where the patient is located. State medical boards that 21 participate in the compact retain the jurisdiction to impose an adverse 22 action against a license to practice medicine in that state issued to a 23 physician through the procedures in the compact. 24 § 8862. Definitions. In this compact: 25 1. "Bylaws" means those bylaws established by the interstate commis- 26 sion pursuant to section eighty-eight hundred seventy-one of this arti- 27 cle for its governance, or for directing and controlling its actions and 28 conduct. 29 2. "Commissioner" means the voting representative appointed by each 30 member board pursuant to section eighty-eight hundred seventy-one of 31 this article. 32 3. "Conviction" means a finding by a court that an individual is guil- 33 ty of a criminal offense through adjudication, or entry of a plea of 34 guilt or no contest to the charge by the offender. Evidence of an entry 35 of a conviction of a criminal offense by the court shall be considered 36 final for purposes of disciplinary action by a member board. 37 4. "Expedited license" means a full and unrestricted medical license 38 granted by a member state to an eligible physician through the process 39 set forth in the compact. 40 5. "Interstate commission" means the interstate commission created 41 pursuant to section eighty-eight hundred seventy-one of this article. 42 6. "License" means authorization by a state for a physician to engage 43 in the practice of medicine, which would be unlawful without the author- 44 ization. 45 7. "Medical practice act" means laws and regulations governing the 46 practice of allopathic and osteopathic medicine within a member state. 47 8. "Member board" means a state agency in a member state that acts in 48 the sovereign interests of the state by protecting the public through 49 licensure, regulation, and education of physicians as directed by the 50 state government. 51 9. "Member state" means a state that has enacted the compact. 52 10. "Practice of medicine" means the clinical prevention, diagnosis, 53 or treatment of human disease, injury, or condition requiring a physi- 54 cian to obtain and maintain a license in compliance with the medical 55 practice act of a member state. 56 11. "Physician" means any person who:A. 5540 3 1 (a) Is a graduate of a medical school accredited by the Liaison 2 Committee on Medical Education, the Commission on Osteopathic College 3 Accreditation, or a medical school listed in the International Medical 4 Education Directory or its equivalent; 5 (b) Passed each component of the United States Medical Licensing Exam- 6 ination (USMLE) or the Comprehensive Osteopathic Medical Licensing Exam- 7 ination (COMLEX-USA) within three attempts, or any of its predecessor 8 examinations accepted by a state medical board as an equivalent examina- 9 tion for licensure purposes; 10 (c) Successfully completed graduate medical education approved by the 11 Accreditation Council for Graduate Medical Education or the American 12 Osteopathic Association; 13 (d) Holds specialty certification or a time-unlimited specialty 14 certificate recognized by the American Board of Medical Specialties or 15 the American Osteopathic Association's Bureau of Osteopathic Special- 16 ists; 17 (e) Possesses a full and unrestricted license to engage in the prac- 18 tice of medicine issued by a member board; 19 (f) Has never been convicted, received adjudication, deferred adjudi- 20 cation, community supervision, or deferred disposition for any offense 21 by a court of appropriate jurisdiction; 22 (g) Has never held a license authorizing the practice of medicine 23 subjected to discipline by a licensing agency in any state, federal, or 24 foreign jurisdiction, excluding any action related to non-payment of 25 fees related to a license; 26 (h) Has never had a controlled substance license or permit suspended 27 or revoked by a state or the United States drug enforcement adminis- 28 tration; and 29 (i) Is not under active investigation by a licensing agency or law 30 enforcement authority in any state, federal, or foreign jurisdiction. 31 12. "Offense" means a felony, gross misdemeanor, or crime of moral 32 turpitude. 33 13. "Rule" means a written statement by the interstate commission 34 promulgated pursuant to section eighty-eight hundred seventy-two of this 35 article that is of general applicability, implements, interprets, or 36 prescribes a policy or provision of the compact, or an organizational, 37 procedural, or practice requirement of the interstate commission, and 38 has the force and effect of statutory law in a member state, and 39 includes the amendment, repeal, or suspension of an existing rule. 40 14. "State" means any state, commonwealth, district, or territory of 41 the United States. 42 15. "State of principal license" means a member state where a physi- 43 cian holds a license to practice medicine and which has been designated 44 as such by the physician for purposes of registration and participation 45 in the compact. 46 § 8863. Eligibility. 1. A physician must meet the eligibility require- 47 ments as defined in subdivision eleven of section eighty-eight hundred 48 sixty-two of this article to receive an expedited license under the 49 terms and provisions of the compact. 50 2. A physician who does not meet the requirements of subdivision elev- 51 en of section eighty-eight hundred sixty-two of this article may obtain 52 a license to practice medicine in a member state if the individual 53 complies with all laws and requirements, other than the compact, relat- 54 ing to the issuance of a license to practice medicine in that state. 55 § 8864. Designation of state of principal license. 1. A physician 56 shall designate a member state as the state of principal license forA. 5540 4 1 purposes of registration for expedited licensure through the compact if 2 the physician possesses a full and unrestricted license to practice 3 medicine in that state, and the state is: 4 (a) the state of primary residence for the physician, or 5 (b) the state where at least twenty-five percent of the practice of 6 medicine occurs, or 7 (c) the location of the physician's employer, or 8 (d) if no state qualifies under paragraph (a), (b), or (c) of this 9 subdivision, the state designated as state of residence for purpose of 10 federal income tax. 11 2. A physician may redesignate a member state as state of principal 12 license at any time, as long as the state meets the requirements of 13 subdivision one of this section. 14 3. The interstate commission is authorized to develop rules to facili- 15 tate redesignation of another member state as the state of principal 16 license. 17 § 8865. Application and issuance of expedited licensure. 1. A physi- 18 cian seeking licensure through the compact shall file an application for 19 an expedited license with the member board of the state selected by the 20 physician as the state of principal license. 21 2. Upon receipt of an application for an expedited license, the member 22 board within the state selected as the state of principal license shall 23 evaluate whether the physician is eligible for expedited licensure and 24 issue a letter of qualification, verifying or denying the physician's 25 eligibility, to the interstate commission. 26 (a) Static qualifications, which include verification of medical 27 education, graduate medical education, results of any medical or licens- 28 ing examination, and other qualifications as determined by the inter- 29 state commission through rule, shall not be subject to additional prima- 30 ry source verification where already primary source verified by the 31 state of principal license. 32 (b) The member board within the state selected as the state of princi- 33 pal license shall, in the course of verifying eligibility, perform a 34 criminal background check of an applicant, including the use of the 35 results of fingerprint or other biometric data checks compliant with the 36 requirements of the Federal Bureau of Investigation, with the exception 37 of federal employees who have suitability determination in accordance 38 with U.S. C.F.R. § 731.202. 39 (c) Appeal on the determination of eligibility shall be made to the 40 member state where the application was filed and shall be subject to the 41 law of that state. 42 3. Upon verification under subdivision two of this section, physicians 43 eligible for an expedited license shall complete the registration proc- 44 ess established by the interstate commission to receive a license in a 45 member state selected pursuant to subdivision one of this section, 46 including the payment of any applicable fees. 47 4. After receiving verification of eligibility under subdivision two 48 of this section and any fees under subdivision three of this section, a 49 member board shall issue an expedited license to the physician. This 50 license shall authorize the physician to practice medicine in the issu- 51 ing state consistent with the medical practice act and all applicable 52 laws and regulations of the issuing member board and member state. 53 5. An expedited license shall be valid for a period consistent with 54 the licensure period in the member state and in the same manner as 55 required for other physicians holding a full and unrestricted license 56 within the member state.A. 5540 5 1 6. An expedited license obtained though the compact shall be termi- 2 nated if a physician fails to maintain a license in the state of princi- 3 pal licensure for a non-disciplinary reason, without redesignation of a 4 new state of principal licensure. 5 7. The interstate commission is authorized to develop rules regarding 6 the application process, including payment of any applicable fees, and 7 the issuance of an expedited license. 8 § 8866. Fees for expedited licensure. 1. A member state issuing an 9 expedited license authorizing the practice of medicine in that state may 10 impose a fee for a license issued or renewed through the compact. 11 2. The interstate commission is authorized to develop rules regarding 12 fees for expedited licenses. 13 § 8867. Renewal and continued participation. 1. A physician seeking to 14 renew an expedited license granted in a member state shall complete a 15 renewal process with the interstate commission if the physician: 16 (a) Maintains a full and unrestricted license in a state of principal 17 license; 18 (b) Has not been convicted, received adjudication, deferred adjudi- 19 cation, community supervision, or deferred disposition for any offense 20 by a court of appropriate jurisdiction; 21 (c) Has not had a license authorizing the practice of medicine subject 22 to discipline by a licensing agency in any state, federal, or foreign 23 jurisdiction, excluding any action related to non-payment of fees 24 related to a license; and 25 (d) Has not had a controlled substance license or permit suspended or 26 revoked by a state or the United States drug enforcement administration. 27 2. Physicians shall comply with all continuing professional develop- 28 ment or continuing medical education requirements for renewal of a 29 license issued by a member state. 30 3. The interstate commission shall collect any renewal fees charged 31 for the renewal of a license and distribute the fees to the applicable 32 member board. 33 4. Upon receipt of any renewal fees collected in subdivision three of 34 this section, a member board shall renew the physician's license. 35 5. Physician information collected by the interstate commission during 36 the renewal process will be distributed to all member boards. 37 6. The interstate commission is authorized to develop rules to address 38 renewal of licenses obtained through the compact. 39 § 8868. Coordinated information system. 1. The interstate commission 40 shall establish a database of all physicians licensed, or who have 41 applied for licensure, under section eighty-eight hundred sixty-five of 42 this article. 43 2. Notwithstanding any other provision of law, member boards shall 44 report to the interstate commission any public action or complaints 45 against a licensed physician who has applied or received an expedited 46 license through the compact. 47 3. Member boards shall report disciplinary or investigatory informa- 48 tion determined as necessary and proper by rule of the interstate 49 commission. 50 4. Member boards may report any non-public complaint, disciplinary, or 51 investigatory information not required by subdivision three of this 52 section to the interstate commission. 53 5. Member boards shall share complaint or disciplinary information 54 about a physician upon request of another member board.A. 5540 6 1 6. All information provided to the interstate commission or distrib- 2 uted by member boards shall be confidential, filed under seal, and used 3 only for investigatory or disciplinary matters. 4 7. The interstate commission is authorized to develop rules for 5 mandated or discretionary sharing of information by member boards. 6 § 8869. Joint investigations. 1. Licensure and disciplinary records of 7 physicians are deemed investigative. 8 2. In addition to the authority granted to a member board by its 9 respective medical practice act or other applicable state law, a member 10 board may participate with other member boards in joint investigations 11 of physicians licensed by the member boards. 12 3. A subpoena issued by a member state shall be enforceable in other 13 member states. 14 4. Member boards may share any investigative, litigation, or compli- 15 ance materials in furtherance of any joint or individual investigation 16 initiated under the compact. 17 5. Any member state may investigate actual or alleged violations of 18 the statutes authorizing the practice of medicine in any other member 19 state in which a physician holds a license to practice medicine. 20 § 8870. Disciplinary actions. 1. Any disciplinary action taken by any 21 member board against a physician licensed through the compact shall be 22 deemed unprofessional conduct which may be subject to discipline by 23 other member boards, in addition to any violation of the medical prac- 24 tice act or regulations in that state. 25 2. If a license granted to a physician by the member board in the 26 state of principal license is revoked, surrendered or relinquished in 27 lieu of discipline, or suspended, then all licenses issued to the physi- 28 cian by member boards shall automatically be placed, without further 29 action necessary by any member board, on the same status. If the member 30 board in the state of principal license subsequently reinstates the 31 physician's license, a license issued to the physician by any other 32 member board shall remain encumbered until that respective member board 33 takes action to reinstate the license in a manner consistent with the 34 medical practice act of that state. 35 3. If disciplinary action is taken against a physician by a member 36 board not in the state of principal license, any other member board may 37 deem the action conclusive as to matter of law and fact decided, and: 38 (a) impose the same or lesser sanction or sanctions against the physi- 39 cian so long as such sanctions are consistent with the medical practice 40 act of that state; or 41 (b) pursue separate disciplinary action against the physician under 42 its respective medical practice act, regardless of the action taken in 43 other member states. 44 4. If a license granted to a physician by a member board is revoked, 45 surrendered, or relinquished in lieu of discipline, or suspended, then 46 any license or licenses issued to the physician by any other member 47 board or boards shall be suspended, automatically and immediately with- 48 out further action necessary by the other member board or boards, for 49 ninety days upon entry of the order by the disciplining board, to permit 50 the member board or boards to investigate the basis for the action under 51 the medical practice act of that state. A member board may terminate the 52 automatic suspension of the license it issued prior to the completion of 53 the ninety day suspension period in a manner consistent with the medical 54 practice act of that state.A. 5540 7 1 § 8871. Interstate medical licensure compact commission. 1. The member 2 states hereby create the "interstate medical licensure compact commis- 3 sion". 4 2. The purpose of the interstate commission is the administration of 5 the interstate medical licensure compact, which is a discretionary state 6 function. 7 3. The interstate commission shall be a body corporate and joint agen- 8 cy of the member states and shall have all the responsibilities, powers, 9 and duties set forth in the compact, and such additional powers as may 10 be conferred upon it by a subsequent concurrent action of the respective 11 legislatures of the member states in accordance with the terms of the 12 compact. 13 4. The interstate commission shall consist of two voting represen- 14 tatives appointed by each member state who shall serve as commissioners. 15 In states where allopathic and osteopathic physicians are regulated by 16 separate member boards, or if the licensing and disciplinary authority 17 is split between multiple member boards within a member state, the 18 member state shall appoint one representative from each member board. A 19 commissioner shall be a or an: 20 (a) Allopathic or osteopathic physician appointed to a member board; 21 (b) Executive director, executive secretary, or similar executive of a 22 member board; or 23 (c) Member of the public appointed to a member board. 24 5. The interstate commission shall meet at least once each calendar 25 year. A portion of this meeting shall be a business meeting to address 26 such matters as may properly come before the commission, including the 27 election of officers. The chairperson may call additional meetings and 28 shall call for a meeting upon the request of a majority of the member 29 states. 30 6. The bylaws may provide for meetings of the interstate commission to 31 be conducted by telecommunication or electronic communication. 32 7. Each commissioner participating at a meeting of the interstate 33 commission is entitled to one vote. A majority of commissioners shall 34 constitute a quorum for the transaction of business, unless a larger 35 quorum is required by the bylaws of the interstate commission. A commis- 36 sioner shall not delegate a vote to another commissioner. In the absence 37 of its commissioner, a member state may delegate voting authority for a 38 specified meeting to another person from that state who shall meet the 39 requirements of subdivision four of this section. 40 8. The interstate commission shall provide public notice of all meet- 41 ings and all meetings shall be open to the public. The interstate 42 commission may close a meeting, in full or in portion, where it deter- 43 mines by a two-thirds vote of the commissioners present that an open 44 meeting would be likely to: 45 (a) Relate solely to the internal personnel practices and procedures 46 of the interstate commission; 47 (b) Discuss matters specifically exempted from disclosure by federal 48 statute; 49 (c) Discuss trade secrets, commercial, or financial information that 50 is privileged or confidential; 51 (d) Involve accusing a person of a crime, or formally censuring a 52 person; 53 (e) Discuss information of a personal nature where disclosure would 54 constitute a clearly unwarranted invasion of personal privacy; 55 (f) Discuss investigative records compiled for law enforcement 56 purposes; orA. 5540 8 1 (g) Specifically relate to the participation in a civil action or 2 other legal proceeding. 3 9. The interstate commission shall keep minutes which shall fully 4 describe all matters discussed in a meeting and shall provide a full and 5 accurate summary of actions taken, including record of any roll call 6 votes. 7 10. The interstate commission shall make its information and official 8 records, to the extent not otherwise designated in the compact or by its 9 rules, available to the public for inspection. 10 11. The interstate commission shall establish an executive committee, 11 which shall include officers, members, and others as determined by the 12 bylaws. The executive committee shall have the power to act on behalf of 13 the interstate commission, with the exception of rulemaking, during 14 periods when the interstate commission is not in session. When acting on 15 behalf of the interstate commission, the executive committee shall over- 16 see the administration of the compact including enforcement and compli- 17 ance with the provisions of the compact, its bylaws and rules, and other 18 such duties as necessary. 19 12. The interstate commission may establish other committees for 20 governance and administration of the compact. 21 § 8872. Powers and duties of the interstate commission. The interstate 22 commission shall have the duty and power to: 23 1. Oversee and maintain the administration of the compact; 24 2. Promulgate rules which shall be binding to the extent and in the 25 manner provided for in the compact; 26 3. Issue, upon the request of a member state or member board, advisory 27 opinions concerning the meaning or interpretation of the compact, its 28 bylaws, rules, and actions; 29 4. Enforce compliance with compact provisions, the rules promulgated 30 by the interstate commission, and the bylaws, using all necessary and 31 proper means, including but not limited to the use of judicial process; 32 5. Establish and appoint committees including, but not limited to, an 33 executive committee as required by section eighty-eight hundred seven- 34 ty-one of this article, which shall have the power to act on behalf of 35 the interstate commission in carrying out its powers and duties; 36 6. Pay, or provide for the payment of the expenses related to the 37 establishment, organization, and ongoing activities of the interstate 38 commission; 39 7. Establish and maintain one or more offices; 40 8. Borrow, accept, hire, or contract for services of personnel; 41 9. Purchase and maintain insurance and bonds; 42 10. Employ an executive director who shall have such powers to employ, 43 select or appoint employees, agents, or consultants, and to determine 44 their qualifications, define their duties, and fix their compensation; 45 11. Establish personnel policies and programs relating to conflicts of 46 interest, rates of compensation, and qualifications of personnel; 47 12. Accept donations and grants of money, equipment, supplies, materi- 48 als and services, and to receive, utilize, and dispose of it in a manner 49 consistent with the conflict of interest policies established by the 50 interstate commission; 51 13. Lease, purchase, accept contributions or donations of, or other- 52 wise to own, hold, improve, or use, any property, real, personal, or 53 mixed; 54 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 55 otherwise dispose of any property, real, personal, or mixed; 56 15. Establish a budget and make expenditures;A. 5540 9 1 16. Adopt a seal and bylaws governing the management and operation of 2 the interstate commission; 3 17. Report annually to the legislatures and governors of the member 4 states concerning the activities of the interstate commission during the 5 preceding year. Such reports shall also include reports of financial 6 audits and any recommendations that may have been adopted by the inter- 7 state commission; 8 18. Coordinate education, training, and public awareness regarding the 9 compact, its implementation, and its operation; 10 19. Maintain records in accordance with the bylaws; 11 20. Seek and obtain trademarks, copyrights, and patents; and 12 21. Perform such functions as may be necessary or appropriate to 13 achieve the purposes of the compact. 14 § 8873. Finance powers. 1. The interstate commission may levy on and 15 collect an annual assessment from each member state to cover the cost of 16 the operations and activities of the interstate commission and its 17 staff. The total assessment must be sufficient to cover the annual budg- 18 et approved each year for which revenue is not provided by other sourc- 19 es. The aggregate annual assessment amount shall be allocated upon a 20 formula to be determined by the interstate commission, which shall 21 promulgate a rule binding upon all member states. 22 2. The interstate commission shall not incur obligations of any kind 23 prior to securing the funds adequate to meet the same. 24 3. The interstate commission shall not pledge the credit of any of the 25 member states, except by, and with the authority of, the member state. 26 4. The interstate commission shall be subject to a yearly financial 27 audit conducted by a certified or licensed public accountant and the 28 report of the audit shall be included in the annual report of the inter- 29 state commission. 30 § 8874. Organization and operation of the interstate commission. 1. 31 The interstate commission shall, by a majority of commissioners present 32 and voting, adopt bylaws to govern its conduct as may be necessary or 33 appropriate to carry out the purposes of the compact within twelve 34 months of the first interstate commission meeting. 35 2. The interstate commission shall elect or appoint annually from 36 among its commissioners a chairperson, a vice-chairperson, and a treas- 37 urer, each of whom shall have such authority and duties as may be speci- 38 fied in the bylaws. The chairperson, or in the chairperson's absence or 39 disability, the vice-chairperson, shall preside at all meetings of the 40 interstate commission. 41 3. Officers selected pursuant to subdivision two of this section shall 42 serve without remuneration from the interstate commission. 43 4. The officers and employees of the interstate commission shall be 44 immune from suit and liability, either personally or in their official 45 capacity, for a claim for damage to or loss of property or personal 46 injury or other civil liability caused or arising out of, or relating 47 to, an actual or alleged act, error, or omission that occurred, or that 48 such person had a reasonable basis for believing occurred, within the 49 scope of interstate commission employment, duties, or responsibilities; 50 provided that such person shall not be protected from suit or liability 51 for damage, loss, injury, or liability caused by the intentional or 52 willful and wanton misconduct of such person. 53 (a) The liability of the executive director and employees of the 54 interstate commission or representatives of the interstate commission, 55 acting within the scope of such person's employment or duties for acts, 56 errors, or omissions occurring within such person's state, may notA. 5540 10 1 exceed the limits of liability set forth under the constitution and laws 2 of that state for state officials, employees, and agents. The interstate 3 commission is considered to be an instrumentality of the states for the 4 purposes of any such action. Nothing in this paragraph shall be 5 construed to protect such person from suit or liability for damage, 6 loss, injury, or liability caused by the intentional or willful and 7 wanton misconduct of such person. 8 (b) The interstate commission shall defend the executive director, its 9 employees, and subject to the approval of the attorney general or other 10 appropriate legal counsel of the member state represented by an inter- 11 state commission representative, shall defend such interstate commission 12 representative in any civil action seeking to impose liability arising 13 out of an actual or alleged act, error or omission that occurred within 14 the scope of interstate commission employment, duties or responsibil- 15 ities, or that the defendant had a reasonable basis for believing 16 occurred within the scope of interstate commission employment, duties, 17 or responsibilities, provided that the actual or alleged act, error, or 18 omission did not result from intentional or willful and wanton miscon- 19 duct on the part of such person. 20 (c) To the extent not covered by the state involved, member state, or 21 the interstate commission, the representatives or employees of the 22 interstate commission shall be held harmless in the amount of a settle- 23 ment or judgment, including attorney's fees and costs, obtained against 24 such persons arising out of an actual or alleged act, error, or omission 25 that occurred within the scope of interstate commission employment, 26 duties, or responsibilities, or that such persons had a reasonable basis 27 for believing occurred within the scope of interstate commission employ- 28 ment, duties, or responsibilities, provided that the actual or alleged 29 act, error, or omission did not result from intentional or willful and 30 wanton misconduct on the part of such persons. 31 § 8875. Rulemaking functions of the interstate commission. 1. The 32 interstate commission shall promulgate reasonable rules in order to 33 effectively and efficiently achieve the purposes of the compact. 34 Notwithstanding the foregoing, in the event the interstate commission 35 exercises its rulemaking authority in a manner that is beyond the scope 36 of the purposes of the compact, or the powers granted hereunder, then 37 such an action by the interstate commission shall be invalid and have no 38 force or effect. 39 2. Rules deemed appropriate for the operations of the interstate 40 commission shall be made pursuant to a rulemaking process that substan- 41 tially conforms to the federal Model State Administrative Procedure Act 42 of 2010, and subsequent amendments thereto. 43 3. Not later than thirty days after a rule is promulgated, any person 44 may file a petition for judicial review of the rule in the United States 45 District Court for the District of Columbia or the federal district 46 where the interstate commission has its principal offices, provided that 47 the filing of such a petition shall not stay or otherwise prevent the 48 rule from becoming effective unless the court finds that the petitioner 49 has a substantial likelihood of success. The court shall give deference 50 to the actions of the interstate commission consistent with applicable 51 law and shall not find the rule to be unlawful if the rule represents a 52 reasonable exercise of the authority granted to the interstate commis- 53 sion. 54 § 8876. Oversight of interstate compact. 1. The executive, legisla- 55 tive, and judicial branches of state government in each member state 56 shall enforce the compact and shall take all actions necessary andA. 5540 11 1 appropriate to effectuate the compact's purposes and intent. The 2 provisions of the compact and the rules promulgated hereunder shall have 3 standing as statutory law but shall not override existing state authori- 4 ty to regulate the practice of medicine. 5 2. All courts shall take judicial notice of the compact and the rules 6 in any judicial or administrative proceeding in a member state pertain- 7 ing to the subject matter of the compact which may affect the powers, 8 responsibilities or actions of the interstate commission. 9 3. The interstate commission shall be entitled to receive all service 10 of process in any such proceeding, and shall have standing to intervene 11 in the proceeding for all purposes. Failure to provide service of proc- 12 ess to the interstate commission shall render a judgment or order void 13 as to the interstate commission, the compact, or promulgated rules. 14 § 8877. Enforcement of interstate compact. 1. The interstate commis- 15 sion, in the reasonable exercise of its discretion, shall enforce the 16 provisions and rules of the compact. 17 2. The interstate commission may, by majority vote of the commission- 18 ers, initiate legal action in the United States District Court for the 19 District of Columbia, or, at the discretion of the interstate commis- 20 sion, in the federal district where the interstate commission has its 21 principal offices, to enforce compliance with the provisions of the 22 compact, and its promulgated rules and bylaws, against a member state in 23 default. The relief sought may include both injunctive relief and 24 damages. In the event judicial enforcement is necessary, the prevailing 25 party shall be awarded all costs of such litigation including reasonable 26 attorney's fees. 27 3. The remedies herein shall not be the exclusive remedies of the 28 interstate commission. The interstate commission may avail itself of 29 any other remedies available under state law or the regulation of a 30 profession. 31 § 8878. Default procedures. 1. The grounds for default include, but 32 are not limited to, failure of a member state to perform such obli- 33 gations or responsibilities imposed upon it by the compact, or the rules 34 and bylaws of the interstate commission promulgated under the compact. 35 2. If the interstate commission determines that a member state has 36 defaulted in the performance of its obligations or responsibilities 37 under the compact, or the bylaws or promulgated rules, the interstate 38 commission shall: 39 (a) Provide written notice to the defaulting state and other member 40 states, of the nature of the default, the means of curing the default, 41 and any action taken by the interstate commission. The interstate 42 commission shall specify the conditions by which the defaulting state 43 must cure its default; and 44 (b) Provide remedial training and specific technical assistance 45 regarding the default. 46 3. If the defaulting state fails to cure the default, the defaulting 47 state shall be terminated from the compact upon an affirmative vote of a 48 majority of the commissioners and all rights, privileges, and benefits 49 conferred by the compact shall terminate on the effective date of termi- 50 nation. A cure of the default does not relieve the offending state of 51 obligations or liabilities incurred during the period of the default. 52 4. Termination of membership in the compact shall be imposed only 53 after all other means of securing compliance have been exhausted. Notice 54 of intent to terminate shall be given by the interstate commission to 55 the governor, the majority and minority leaders of the defaulting 56 state's legislature, and each of the member states.A. 5540 12 1 5. The interstate commission shall establish rules and procedures to 2 address licenses and physicians that are materially impacted by the 3 termination of a member state, or the withdrawal of a member state. 4 6. The member state which has been terminated is responsible for all 5 dues, obligations, and liabilities incurred through the effective date 6 of termination including obligations, the performance of which extends 7 beyond the effective date of termination. 8 7. The interstate commission shall not bear any costs relating to any 9 state that has been found to be in default or which has been terminated 10 from the compact, unless otherwise mutually agreed upon in writing 11 between the interstate commission and the defaulting state. 12 8. The defaulting state may appeal the action of the interstate 13 commission by petitioning the United States District Court for the 14 District of Columbia or the federal district where the interstate 15 commission has its principal offices. The prevailing party shall be 16 awarded all costs of such litigation including reasonable attorney's 17 fees. 18 § 8879. Dispute resolution. 1. The interstate commission shall 19 attempt, upon the request of a member state, to resolve disputes which 20 are subject to the compact and which may arise among member states or 21 member boards. 22 2. The interstate commission shall promulgate rules providing for both 23 mediation and binding dispute resolution as appropriate. 24 § 8880. Member states, effective date and amendment. 1. Any state is 25 eligible to become a member state of the compact. 26 2. The compact shall become effective and binding upon legislative 27 enactment of the compact into law by no less than seven states. There- 28 after, it shall become effective and binding on a state upon enactment 29 of the compact into law by that state. 30 3. The governors of non-member states, or their designees, shall be 31 invited to participate in the activities of the interstate commission on 32 a non-voting basis prior to adoption of the compact by all states. 33 4. The interstate commission may propose amendments to the compact for 34 enactment by the member states. No amendment shall become effective and 35 binding upon the interstate commission and the member states unless and 36 until it is enacted into law by unanimous consent of the member states. 37 § 8881. Withdrawal. 1. Once effective, the compact shall continue in 38 force and remain binding upon each and every member state; provided that 39 a member state may withdraw from the compact by specifically repealing 40 the statute which enacted the compact into law. 41 2. Withdrawal from the compact shall be by the enactment of a statute 42 repealing the same, but shall not take effect until one year after the 43 effective date of such statute and until written notice of the with- 44 drawal has been given by the withdrawing state to the governor of each 45 other member state. 46 3. The withdrawing state shall immediately notify the chairperson of 47 the interstate commission in writing upon the introduction of legis- 48 lation repealing the compact in the withdrawing state. 49 4. The interstate commission shall notify the other member states of 50 the withdrawing state's intent to withdraw within sixty days of its 51 receipt of notice provided under subdivision three of this section. 52 5. The withdrawing state is responsible for all dues, obligations and 53 liabilities incurred through the effective date of withdrawal, including 54 obligations, the performance of which extend beyond the effective date 55 of withdrawal.A. 5540 13 1 6. Reinstatement following withdrawal of a member state shall occur 2 upon the withdrawing state reenacting the compact or upon such later 3 date as determined by the interstate commission. 4 7. The interstate commission is authorized to develop rules to address 5 the impact of the withdrawal of a member state on licenses granted in 6 other member states to physicians who designated the withdrawing member 7 state as the state of principal license. 8 § 8882. Dissolution. 1. The compact shall dissolve effective upon the 9 date of the withdrawal or default of the member state which reduces the 10 membership in the compact to one member state. 11 2. Upon the dissolution of the compact, the compact becomes null and 12 void and shall be of no further force or effect, and the business and 13 affairs of the interstate commission shall be concluded and surplus 14 funds shall be distributed in accordance with the bylaws. 15 § 8883. Severability and construction. 1. The provisions of the 16 compact shall be severable, and if any phrase, clause, sentence, or 17 provision is deemed unenforceable, the remaining provisions of the 18 compact shall be enforceable. 19 2. The provisions of the compact shall be liberally construed to 20 effectuate its purposes. 21 3. Nothing in the compact shall be construed to prohibit the applica- 22 bility of other interstate compacts to which the states are members. 23 § 8884. Binding effect of compact and other laws. 1. Nothing contained 24 in this article shall prevent the enforcement of any other law of a 25 member state that is not inconsistent with the compact. 26 2. All laws in a member state in conflict with the compact are super- 27 seded to the extent of the conflict. 28 3. All lawful actions of the interstate commission, including all 29 rules and bylaws promulgated by the commission, are binding upon the 30 member states. 31 4. All agreements between the interstate commission and the member 32 states are binding in accordance with their terms. 33 5. In the event any provision of the compact exceeds the constitu- 34 tional limits imposed on the legislature of any member state, such 35 provision shall be ineffective to the extent of the conflict with the 36 constitutional provision in question in that member state. 37 § 2. This act shall take effect immediately.
