Full Text of HB3680 99th General Assembly
HB3680enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interstate Medical Licensure Compact Act. | 6 | | Section 5. Interstate Medical Licensure Compact. The State | 7 | | of Illinois ratifies and approves the following compact: | 8 | | INTERSTATE MEDICAL LICENSURE COMPACT | 9 | | SECTION 1. PURPOSE | 10 | | In order to strengthen access to health care, and in | 11 | | recognition of the advances in the delivery of health care, the | 12 | | member states of the Interstate Medical Licensure Compact have | 13 | | allied in common purpose to develop a comprehensive process | 14 | | that complements the existing licensing and regulatory | 15 | | authority of state medical boards, provides a streamlined | 16 | | process that allows physicians to become licensed in multiple | 17 | | states, thereby enhancing the portability of a medical license | 18 | | and ensuring the safety of patients. The Compact creates | 19 | | another pathway for licensure and does not otherwise change a | 20 | | state's existing Medical Practice Act. The Compact also adopts | 21 | | the prevailing standard for licensure and affirms that the |
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| 1 | | practice of medicine occurs where the patient is located at the | 2 | | time of the physician-patient encounter, and therefore, | 3 | | requires the physician to be under the jurisdiction of the | 4 | | state medical board where the patient is located. State medical | 5 | | boards that participate in the Compact retain the jurisdiction | 6 | | to impose an adverse action against a license to practice | 7 | | medicine in that state issued to a physician through the | 8 | | procedures in the Compact. | 9 | | SECTION 2. DEFINITIONS | 10 | | In this compact: | 11 | | (a) "Bylaws" means those bylaws established by the | 12 | | Interstate Commission pursuant to Section 11 for its | 13 | | governance, or for directing and controlling its actions and | 14 | | conduct. | 15 | | (b) "Commissioner" means the voting representative | 16 | | appointed by each member board pursuant to Section 11. | 17 | | (c) "Conviction" means a finding by a court that an | 18 | | individual is guilty of a criminal offense through | 19 | | adjudication, or entry of a plea of guilt or no contest to the | 20 | | charge by the offender. Evidence of an entry of a conviction of | 21 | | a criminal offense by the court shall be considered final for | 22 | | purposes of disciplinary action by a member board. | 23 | | (d) "Expedited License" means a full and unrestricted | 24 | | medical license granted by a member state to an eligible | 25 | | physician through the process set forth in the Compact. |
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| 1 | | (e) "Interstate Commission" means the interstate | 2 | | commission created pursuant to Section 11. | 3 | | (f) "License" means authorization by a state for a | 4 | | physician to engage in the practice of medicine, which would be | 5 | | unlawful without the authorization. | 6 | | (g) "Medical Practice Act" means laws and regulations | 7 | | governing the practice of allopathic and osteopathic medicine | 8 | | within a member state. | 9 | | (h) "Member Board" means a state agency in a member state | 10 | | that acts in the sovereign interests of the state by protecting | 11 | | the public through licensure, regulation, and education of | 12 | | physicians as directed by the state government. | 13 | | (i) "Member State" means a state that has enacted the | 14 | | Compact. | 15 | | (j) "Practice of Medicine" means the clinical prevention, | 16 | | diagnosis, or treatment of human disease, injury, or condition | 17 | | requiring a physician to obtain and maintain a license in | 18 | | compliance with the Medical Practice Act of a member state. | 19 | | (k) "Physician" means any person who: | 20 | | (1) Is a graduate of a medical school accredited by the | 21 | | Liaison Committee on Medical Education, the Commission on | 22 | | Osteopathic College Accreditation, or a medical school | 23 | | listed in the International Medical Education Directory or | 24 | | its equivalent; | 25 | | (2) Passed each component of the United States Medical | 26 | | Licensing Examination (USMLE) or the Comprehensive |
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| 1 | | Osteopathic Medical Licensing Examination (COMLEX-USA) | 2 | | within three attempts, or any of its predecessor | 3 | | examinations accepted by a state medical board as an | 4 | | equivalent examination for licensure purposes; | 5 | | (3) Successfully completed graduate medical education | 6 | | approved by the Accreditation Council for Graduate Medical | 7 | | Education or the American Osteopathic Association; | 8 | | (4) Holds specialty certification or a time-unlimited | 9 | | specialty certificate recognized by the American Board of | 10 | | Medical Specialties or the American Osteopathic | 11 | | Association's Bureau of Osteopathic Specialists; | 12 | | (5) Possesses a full and unrestricted license to engage | 13 | | in the practice of medicine issued by a member board; | 14 | | (6) Has never been convicted, received adjudication, | 15 | | deferred adjudication, community supervision, or deferred | 16 | | disposition for any offense by a court of appropriate | 17 | | jurisdiction; | 18 | | (7) Has never held a license authorizing the practice | 19 | | of medicine subjected to discipline by a licensing agency | 20 | | in any state, federal, or foreign jurisdiction, excluding | 21 | | any action related to non-payment of fees related to a | 22 | | license; | 23 | | (8) Has never had a controlled substance license or | 24 | | permit suspended or revoked by a state or the United States | 25 | | Drug Enforcement Administration; and | 26 | | (10) Is not under active investigation by a licensing |
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| 1 | | agency or law enforcement authority in any state, federal, | 2 | | or foreign jurisdiction. | 3 | | (l) "Offense" means a felony, gross misdemeanor, or crime | 4 | | of moral turpitude. | 5 | | (m) "Rule" means a written statement by the Interstate | 6 | | Commission promulgated pursuant to Section 12 of the Compact | 7 | | that is of general applicability, implements, interprets, or | 8 | | prescribes a policy or provision of the Compact, or an | 9 | | organizational, procedural, or practice requirement of the | 10 | | Interstate Commission, and has the force and effect of | 11 | | statutory law in a member state, and includes the amendment, | 12 | | repeal, or suspension of an existing rule. | 13 | | (n) "State" means any state, commonwealth, district, or | 14 | | territory of the United States. | 15 | | (o) "State of Principal License" means a member state where | 16 | | a physician holds a license to practice medicine and which has | 17 | | been designated as such by the physician for purposes of | 18 | | registration and participation in the Compact. | 19 | | SECTION 3. ELIGIBILITY | 20 | | (a) A physician must meet the eligibility requirements as | 21 | | defined in Section 2(k) to receive an expedited license under | 22 | | the terms and provisions of the Compact. | 23 | | (b) A physician who does not meet the requirements of | 24 | | Section 2(k) may obtain a license to practice medicine in a | 25 | | member state if the individual complies with all laws and |
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| 1 | | requirements, other than the Compact, relating to the issuance | 2 | | of a license to practice medicine in that state. | 3 | | SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE | 4 | | (a) A physician shall designate a member state as the state | 5 | | of principal license for purposes of registration for expedited | 6 | | licensure through the Compact if the physician possesses a full | 7 | | and unrestricted license to practice medicine in that state, | 8 | | and the state is: | 9 | | (1) the state of primary residence for the physician, | 10 | | or | 11 | | (2) the state where at least 25% of the practice of | 12 | | medicine occurs, or | 13 | | (3) the location of the physician's employer, or | 14 | | (4) if no state qualifies under subsection (1), | 15 | | subsection (2), or subsection (3), the | 16 | | state designated as state of residence for purpose of | 17 | | federal income tax. | 18 | | (b) A physician may redesignate a member state as state of | 19 | | principal license at any time, as long as the state meets the | 20 | | requirements in subsection (a). | 21 | | (c) The Interstate Commission is authorized to develop | 22 | | rules to facilitate redesignation of another member state as | 23 | | the state of principal license. | 24 | | SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE |
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| 1 | | (a) A physician seeking licensure through the Compact shall | 2 | | file an application for an expedited license with the member | 3 | | board of the state selected by the physician as the state of | 4 | | principal license. | 5 | | (b) Upon receipt of an application for an expedited | 6 | | license, the member board within the state selected as the | 7 | | state of principal license shall evaluate whether the physician | 8 | | is eligible for expedited licensure and issue a letter of | 9 | | qualification, verifying or denying the physician's | 10 | | eligibility, to the Interstate Commission. | 11 | | (i) Static qualifications, which include verification | 12 | | of medical education, graduate medical education, results | 13 | | of any medical or licensing examination, and other | 14 | | qualifications as determined by the Interstate Commission | 15 | | through rule, shall not be subject to additional primary | 16 | | source verification where already primary source verified | 17 | | by the state of principal license. | 18 | | (ii) The member board within the state selected as the | 19 | | state of principal license shall, in the course of | 20 | | verifying eligibility, perform a criminal background check | 21 | | of an applicant, including the use of the results of | 22 | | fingerprint or other biometric data checks compliant with | 23 | | the requirements of the Federal Bureau of Investigation, | 24 | | with the exception of federal employees who have | 25 | | suitability determination in accordance with U.S. C.F.R. | 26 | | §731.202. |
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| 1 | | (iii) Appeal on the determination of eligibility shall | 2 | | be made to the member state where the application was filed | 3 | | and shall be subject to the law of that state. | 4 | | (c) Upon verification in subsection (b), physicians | 5 | | eligible for an expedited license shall complete the | 6 | | registration process established by the Interstate Commission | 7 | | to receive a license in a member state selected pursuant to | 8 | | subsection (a), including the payment of any applicable fees. | 9 | | (d) After receiving verification of eligibility under | 10 | | subsection (b) and any fees under subsection (c), a member | 11 | | board shall issue an expedited license to the physician. This | 12 | | license shall authorize the physician to practice medicine in | 13 | | the issuing state consistent with the Medical Practice Act and | 14 | | all applicable laws and regulations of the issuing member board | 15 | | and member state. | 16 | | (e) An expedited license shall be valid for a period | 17 | | consistent with the licensure period in the member state and in | 18 | | the same manner as required for other physicians holding a full | 19 | | and unrestricted license within the member state. | 20 | | (f) An expedited license obtained though the Compact shall | 21 | | be terminated if a physician fails to maintain a license in the | 22 | | state of principal licensure for a non-disciplinary reason, | 23 | | without redesignation of a new state of principal licensure. | 24 | | (g) The Interstate Commission is authorized to develop | 25 | | rules regarding the application process, including payment of | 26 | | any applicable fees, and the issuance of an expedited license. |
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| 1 | | SECTION 6. FEES FOR EXPEDITED LICENSURE | 2 | | (a) A member state issuing an expedited license authorizing | 3 | | the practice of medicine in that state may impose a fee for a | 4 | | license issued or renewed through the Compact. | 5 | | (b) The Interstate Commission is authorized to develop | 6 | | rules regarding fees for expedited licenses. | 7 | | SECTION 7. RENEWAL AND CONTINUED PARTICIPATION | 8 | | (a) A physician seeking to renew an expedited license | 9 | | granted in a member state shall complete a renewal process with | 10 | | the Interstate Commission if the physician: | 11 | | (1) Maintains a full and unrestricted license in a | 12 | | state of principal license; | 13 | | (2) Has not been convicted, received adjudication, | 14 | | deferred adjudication, community supervision, or deferred | 15 | | disposition for any offense by a court of appropriate | 16 | | jurisdiction; | 17 | | (3) Has not had a license authorizing the practice of | 18 | | medicine subject to discipline by a licensing agency in any | 19 | | state, federal, or foreign jurisdiction, excluding any | 20 | | action related to non-payment of fees related to a license; | 21 | | and | 22 | | (4) Has not had a controlled substance license or | 23 | | permit suspended or revoked by a state or the United States | 24 | | Drug Enforcement Administration. |
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| 1 | | (b) Physicians shall comply with all continuing | 2 | | professional development or continuing medical education | 3 | | requirements for renewal of a license issued by a member state. | 4 | | (c) The Interstate Commission shall collect any renewal | 5 | | fees charged for the renewal of a license and distribute the | 6 | | fees to the applicable member board. | 7 | | (d) Upon receipt of any renewal fees collected in | 8 | | subsection (c), a member board shall renew the physician's | 9 | | license. | 10 | | (e) Physician information collected by the Interstate | 11 | | Commission during the renewal process will be distributed to | 12 | | all member boards. | 13 | | (f) The Interstate Commission is authorized to develop | 14 | | rules to address renewal of licenses obtained through the | 15 | | Compact. | 16 | | SECTION 8. COORDINATED INFORMATION SYSTEM | 17 | | (a) The Interstate Commission shall establish a database of | 18 | | all physicians licensed, or who have applied for licensure, | 19 | | under Section 5. | 20 | | (b) Notwithstanding any other provision of law, member | 21 | | boards shall report to the Interstate Commission any public | 22 | | action or complaints against a licensed physician who has | 23 | | applied or received an expedited license through the Compact. | 24 | | (c) Member boards shall report disciplinary or | 25 | | investigatory information determined as necessary and proper |
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| 1 | | by rule of the Interstate Commission. | 2 | | (d) Member boards may report any non-public complaint, | 3 | | disciplinary, or investigatory information not required by | 4 | | subsection (c) to the Interstate Commission. | 5 | | (e) Member boards shall share complaint or disciplinary | 6 | | information about a physician upon request of another member | 7 | | board. | 8 | | (f) All information provided to the Interstate Commission | 9 | | or distributed by member boards shall be confidential, filed | 10 | | under seal, and used only for investigatory or disciplinary | 11 | | matters. | 12 | | (g) The Interstate Commission is authorized to develop | 13 | | rules for mandated or discretionary sharing of information by | 14 | | member boards. | 15 | | SECTION 9. JOINT INVESTIGATIONS | 16 | | (a) Licensure and disciplinary records of physicians are | 17 | | deemed investigative. | 18 | | (b) In addition to the authority granted to a member board | 19 | | by its respective Medical Practice Act or other applicable | 20 | | state law, a member board may participate with other member | 21 | | boards in joint investigations of physicians licensed by the | 22 | | member boards. | 23 | | (c) A subpoena issued by a member state shall be | 24 | | enforceable in other member states. | 25 | | (d) Member boards may share any investigative, litigation, |
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| 1 | | or compliance materials in furtherance of any joint or | 2 | | individual investigation initiated under the Compact. | 3 | | (e) Any member state may investigate actual or alleged | 4 | | violations of the statutes authorizing the practice of medicine | 5 | | in any other member state in which a physician holds a license | 6 | | to practice medicine. | 7 | | SECTION 10. DISCIPLINARY ACTIONS | 8 | | (a) Any disciplinary action taken by any member board | 9 | | against a physician licensed through the Compact shall be | 10 | | deemed unprofessional conduct which may be subject to | 11 | | discipline by other member boards, in addition to any violation | 12 | | of the Medical Practice Act or regulations in that state. | 13 | | (b) If a license granted to a physician by the member board | 14 | | in the state of principal license is revoked, surrendered or | 15 | | relinquished in lieu of discipline, or suspended, then all | 16 | | licenses issued to the physician by member boards shall | 17 | | automatically be placed, without further action necessary by | 18 | | any member board, on the same status. If the member board in | 19 | | the state of principal license subsequently reinstates the | 20 | | physician's license, a license issued to the physician by any | 21 | | other member board shall remain encumbered until that | 22 | | respective member board takes action to reinstate the license | 23 | | in a manner consistent with the Medical Practice Act of that | 24 | | state. | 25 | | (c) If disciplinary action is taken against a physician by |
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| 1 | | a member board not in the state of principal license, any other | 2 | | member board may deem the action conclusive as to matter of law | 3 | | and fact decided, and: | 4 | | (i) impose the same or lesser sanction(s) against the | 5 | | physician so long as such sanctions are consistent with the | 6 | | Medical Practice Act of that state; | 7 | | (ii) or pursue separate disciplinary action against | 8 | | the physician under its respective Medical Practice Act, | 9 | | regardless of the action taken in other member states. | 10 | | (d) If a license granted to a physician by a member board | 11 | | is revoked, surrendered or relinquished in lieu of discipline, | 12 | | or suspended, then any license(s) issued to the physician by | 13 | | any other member board(s) shall be suspended, automatically and | 14 | | immediately without further action necessary by the other | 15 | | member board(s), for ninety (90) days upon entry of the order | 16 | | by the disciplining board, to permit the member board(s) to | 17 | | investigate the basis for the action under the Medical Practice | 18 | | Act of that state. A member board may terminate the automatic | 19 | | suspension of the license it issued prior to the completion of | 20 | | the ninety (90) day suspension period in a manner consistent | 21 | | with the Medical Practice Act of that state. | 22 | | SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT | 23 | | COMMISSION | 24 | | (a) The member states hereby create the "Interstate Medical | 25 | | Licensure Compact Commission". |
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| 1 | | (b) The purpose of the Interstate Commission is the | 2 | | administration of the Interstate Medical Licensure Compact, | 3 | | which is a discretionary state function. | 4 | | (c) The Interstate Commission shall be a body corporate and | 5 | | joint agency of the member states and shall have all the | 6 | | responsibilities, powers, and duties set forth in the Compact, | 7 | | and such additional powers as may be conferred upon it by a | 8 | | subsequent concurrent action of the respective legislatures of | 9 | | the member states in accordance with the terms of the Compact. | 10 | | (d) The Interstate Commission shall consist of two voting | 11 | | representatives appointed by each member state who shall serve | 12 | | as Commissioners. In states where allopathic and osteopathic | 13 | | physicians are regulated by separate member boards, or if the | 14 | | licensing and disciplinary authority is split between multiple | 15 | | member boards within a member state, the member state shall | 16 | | appoint one representative from each member board. A | 17 | | Commissioner shall be a(n): | 18 | | (1) Allopathic or osteopathic physician appointed to a | 19 | | member board; | 20 | | (2) Executive director, executive secretary, or | 21 | | similar executive of a member board; or | 22 | | (3) Member of the public appointed to a member board. | 23 | | (e) The Interstate Commission shall meet at least once each | 24 | | calendar year. A portion of this meeting shall be a business | 25 | | meeting to address such matters as may properly come before the | 26 | | Commission, including the election of officers. The |
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| 1 | | chairperson may call additional meetings and shall call for a | 2 | | meeting upon the request of a majority of the member states. | 3 | | (f) The bylaws may provide for meetings of the Interstate | 4 | | Commission to be conducted by telecommunication or electronic | 5 | | communication. | 6 | | (g) Each Commissioner participating at a meeting of the | 7 | | Interstate Commission is entitled to one vote. A majority of | 8 | | Commissioners shall constitute a quorum for the transaction of | 9 | | business, unless a larger quorum is required by the bylaws of | 10 | | the Interstate Commission. A Commissioner shall not delegate a | 11 | | vote to another Commissioner. In the absence of its | 12 | | Commissioner, a member state may delegate voting authority for | 13 | | a specified meeting to another person from that state who shall | 14 | | meet the requirements of subsection (d). | 15 | | (h) The Interstate Commission shall provide public notice | 16 | | of all meetings and all meetings shall be open to the public. | 17 | | The Interstate Commission may close a meeting, in full or in | 18 | | portion, where it determines by a two-thirds vote of the | 19 | | Commissioners present that an open meeting would be likely to: | 20 | | (1) Relate solely to the internal personnel practices | 21 | | and procedures of the Interstate Commission; | 22 | | (2) Discuss matters specifically exempted from | 23 | | disclosure by federal statute; | 24 | | (3) Discuss trade secrets, commercial, or financial | 25 | | information that is privileged or confidential; | 26 | | (4) Involve accusing a person of a crime, or formally |
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| 1 | | censuring a person; | 2 | | (5) Discuss information of a personal nature where | 3 | | disclosure would constitute a clearly unwarranted invasion | 4 | | of personal privacy; | 5 | | (6) Discuss investigative records compiled for law | 6 | | enforcement purposes; or | 7 | | (7) Specifically relate to the participation in a civil | 8 | | action or other legal proceeding. | 9 | | (i) The Interstate Commission shall keep minutes which | 10 | | shall fully describe all matters discussed in a meeting and | 11 | | shall provide a full and accurate summary of actions taken, | 12 | | including record of any roll call votes. | 13 | | (j) The Interstate Commission shall make its information | 14 | | and official records, to the extent not otherwise designated in | 15 | | the Compact or by its rules, available to the public for | 16 | | inspection. | 17 | | (k) The Interstate Commission shall establish an executive | 18 | | committee, which shall include officers, members, and others as | 19 | | determined by the bylaws. The executive committee shall have | 20 | | the power to act on behalf of the Interstate Commission, with | 21 | | the exception of rulemaking, during periods when the Interstate | 22 | | Commission is not in session. When acting on behalf of the | 23 | | Interstate Commission, the executive committee shall oversee | 24 | | the administration of the Compact including enforcement and | 25 | | compliance with the provisions of the Compact, its bylaws and | 26 | | rules, and other such duties as necessary. |
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| 1 | | (l) The Interstate Commission may establish other | 2 | | committees for governance and administration of the Compact. | 3 | | SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION | 4 | | The Interstate Commission shall have the duty and power to: | 5 | | (a) Oversee and maintain the administration of the Compact; | 6 | | (b) Promulgate rules which shall be binding to the extent | 7 | | and in the manner provided for in the Compact; | 8 | | (c) Issue, upon the request of a member state or member | 9 | | board, advisory opinions concerning the meaning or | 10 | | interpretation of the Compact, its bylaws, rules, and actions; | 11 | | (d) Enforce compliance with Compact provisions, the rules | 12 | | promulgated by the Interstate Commission, and the bylaws, using | 13 | | all necessary and proper means, including but not limited to, | 14 | | the use of judicial process; | 15 | | (e) Establish and appoint committees including, but not | 16 | | limited to, an executive committee as required by Section 11, | 17 | | which shall have the power to act on behalf of the Interstate | 18 | | Commission in carrying out its powers and duties; | 19 | | (f) Pay, or provide for the payment of the expenses related | 20 | | to the establishment, organization, and ongoing activities of | 21 | | the Interstate Commission; | 22 | | (g) Establish and maintain one or more offices; | 23 | | (h) Borrow, accept, hire, or contract for services of | 24 | | personnel; | 25 | | (i) Purchase and maintain insurance and bonds; |
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| 1 | | (j) Employ an executive director who shall have such powers | 2 | | to employ, select or appoint employees, agents, or consultants, | 3 | | and to determine their qualifications, define their duties, and | 4 | | fix their compensation; | 5 | | (k) Establish personnel policies and programs relating to | 6 | | conflicts of interest, rates of compensation, and | 7 | | qualifications of personnel; | 8 | | (l) Accept donations and grants of money, equipment, | 9 | | supplies, materials and services, and to receive, utilize, and | 10 | | dispose of it in a manner consistent with the conflict of | 11 | | interest policies established by the Interstate Commission; | 12 | | (m) Lease, purchase, accept contributions or donations of, | 13 | | or otherwise to own, hold, improve or use, any property, real, | 14 | | personal, or mixed; | 15 | | (n) Sell, convey, mortgage, pledge, lease, exchange, | 16 | | abandon, or otherwise dispose of any property, real, personal, | 17 | | or mixed; | 18 | | (o) Establish a budget and make expenditures; | 19 | | (p) Adopt a seal and bylaws governing the management and | 20 | | operation of the Interstate Commission; | 21 | | (q) Report annually to the legislatures and governors of | 22 | | the member states concerning the activities of the Interstate | 23 | | Commission during the preceding year. Such reports shall also | 24 | | include reports of financial audits and any recommendations | 25 | | that may have been adopted by the Interstate Commission; | 26 | | (r) Coordinate education, training, and public awareness |
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| 1 | | regarding the Compact, its implementation, and its operation; | 2 | | (s) Maintain records in accordance with the bylaws; | 3 | | (t) Seek and obtain trademarks, copyrights, and patents; | 4 | | and | 5 | | (u) Perform such functions as may be necessary or | 6 | | appropriate to achieve the purposes of the Compact. | 7 | | SECTION 13. FINANCE POWERS | 8 | | (a) The Interstate Commission may levy on and collect an | 9 | | annual assessment from each member state to cover the cost of | 10 | | the operations and activities of the Interstate Commission and | 11 | | its staff. The total assessment must be sufficient to cover the | 12 | | annual budget approved each year for which revenue is not | 13 | | provided by other sources. The aggregate annual assessment | 14 | | amount shall be allocated upon a formula to be determined by | 15 | | the Interstate Commission, which shall promulgate a rule | 16 | | binding upon all member states. | 17 | | (b) The Interstate Commission shall not incur obligations | 18 | | of any kind prior to securing the funds adequate to meet the | 19 | | same. | 20 | | (c) The Interstate Commission shall not pledge the credit | 21 | | of any of the member states, except by, and with the authority | 22 | | of, the member state. | 23 | | (d) The Interstate Commission shall be subject to a yearly | 24 | | financial audit conducted by a certified or licensed public | 25 | | accountant and the report of the audit shall be included in the |
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| 1 | | annual report of the Interstate Commission. | 2 | | SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE | 3 | | COMMISSION | 4 | | (a) The Interstate Commission shall, by a majority of | 5 | | Commissioners present and voting, adopt bylaws to govern its | 6 | | conduct as may be necessary or appropriate to carry out the | 7 | | purposes of the Compact within twelve (12) months of the first | 8 | | Interstate Commission meeting. | 9 | | (b) The Interstate Commission shall elect or appoint | 10 | | annually from among its Commissioners a chairperson, a | 11 | | vice-chairperson, and a treasurer, each of whom shall have such | 12 | | authority and duties as may be specified in the bylaws. The | 13 | | chairperson, or in the chairperson's absence or disability, the | 14 | | vice-chairperson, shall preside at all meetings of the | 15 | | Interstate Commission. | 16 | | (c) Officers selected in subsection (b) shall serve without | 17 | | remuneration from the Interstate Commission. | 18 | | (d) The officers and employees of the Interstate Commission | 19 | | shall be immune from suit and liability, either personally or | 20 | | in their official capacity, for a claim for damage to or loss | 21 | | of property or personal injury or other civil liability caused | 22 | | or arising out of, or relating to, an actual or alleged act, | 23 | | error, or omission that occurred, or that such person had a | 24 | | reasonable basis for believing occurred, within the scope of | 25 | | Interstate Commission employment, duties, or responsibilities; |
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| 1 | | provided that such person shall not be protected from suit or | 2 | | liability for damage, loss, injury, or liability caused by the | 3 | | intentional or willful and wanton misconduct of such person. | 4 | | (1) The liability of the executive director and | 5 | | employees of the Interstate Commission or representatives | 6 | | of the Interstate Commission, acting within the scope of | 7 | | such person's employment or duties for acts, errors, or | 8 | | omissions occurring within such person's state, may not | 9 | | exceed the limits of liability set forth under the | 10 | | constitution and laws of that state for state officials, | 11 | | employees, and agents. The Interstate Commission is | 12 | | considered to be an instrumentality of the states for the | 13 | | purposes of any such action. Nothing in this subsection | 14 | | shall be construed to protect such person from suit or | 15 | | liability for damage, loss, injury, or liability caused by | 16 | | the intentional or willful and wanton misconduct of such | 17 | | person. | 18 | | (2) The Interstate Commission shall defend the | 19 | | executive director, its employees, and subject to the | 20 | | approval of the attorney general or other appropriate legal | 21 | | counsel of the member state represented by an Interstate | 22 | | Commission representative, shall defend such Interstate | 23 | | Commission representative in any civil action seeking to | 24 | | impose liability arising out of an actual or alleged act, | 25 | | error or omission that occurred within the scope of | 26 | | Interstate Commission employment, duties or |
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| 1 | | responsibilities, or that the defendant had a reasonable | 2 | | basis for believing occurred within the scope of Interstate | 3 | | Commission employment, duties, or responsibilities, | 4 | | provided that the actual or alleged act, error, or omission | 5 | | did not result from intentional or willful and wanton | 6 | | misconduct on the part of such person. | 7 | | (3) To the extent not covered by the state involved, | 8 | | member state, or the Interstate Commission, the | 9 | | representatives or employees of the Interstate Commission | 10 | | shall be held harmless in the amount of a settlement or | 11 | | judgment, including attorney's fees and costs, obtained | 12 | | against such persons arising out of an actual or alleged | 13 | | act, error, or omission that occurred within the scope of | 14 | | Interstate Commission employment, duties, or | 15 | | responsibilities, or that such persons had a reasonable | 16 | | basis for believing occurred within the scope of Interstate | 17 | | Commission employment, duties, or responsibilities, | 18 | | provided that the actual or alleged act, error, or omission | 19 | | did not result from intentional or willful and wanton | 20 | | misconduct on the part of such persons. | 21 | | SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE | 22 | | COMMISSION | 23 | | (a) The Interstate Commission shall promulgate reasonable | 24 | | rules in order to effectively and efficiently achieve the | 25 | | purposes of the Compact. Notwithstanding the foregoing, in the |
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| 1 | | event the Interstate Commission exercises its rulemaking | 2 | | authority in a manner that is beyond the scope of the purposes | 3 | | of the Compact, or the powers granted hereunder, then such an | 4 | | action by the Interstate Commission shall be invalid and have | 5 | | no force or effect. | 6 | | (b) Rules deemed appropriate for the operations of the | 7 | | Interstate Commission shall be made pursuant to a rulemaking | 8 | | process that substantially conforms to the "Model State | 9 | | Administrative Procedure Act" of 2010, and subsequent | 10 | | amendments thereto. | 11 | | (c) Not later than thirty (30) days after a rule is | 12 | | promulgated, any person may file a petition for judicial review | 13 | | of the rule in the United States District Court for the | 14 | | District of Columbia or the federal district where the | 15 | | Interstate Commission has its principal offices, provided that | 16 | | the filing of such a petition shall not stay or otherwise | 17 | | prevent the rule from becoming effective unless the court finds | 18 | | that the petitioner has a substantial likelihood of success. | 19 | | The court shall give deference to the actions of the Interstate | 20 | | Commission consistent with applicable law and shall not find | 21 | | the rule to be unlawful if the rule represents a reasonable | 22 | | exercise of the authority granted to the Interstate Commission. | 23 | | SECTION 16. OVERSIGHT OF INTERSTATE COMPACT | 24 | | (a) The executive, legislative, and judicial branches of | 25 | | state government in each member state shall enforce the Compact |
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| 1 | | and shall take all actions necessary and appropriate to | 2 | | effectuate the Compact's purposes and intent. The provisions of | 3 | | the Compact and the rules promulgated hereunder shall have | 4 | | standing as statutory law but shall not override existing state | 5 | | authority to regulate the practice of medicine. | 6 | | (b) All courts shall take judicial notice of the Compact | 7 | | and the rules in any judicial or administrative proceeding in a | 8 | | member state pertaining to the subject matter of the Compact | 9 | | which may affect the powers, responsibilities or actions of the | 10 | | Interstate Commission. | 11 | | (c) The Interstate Commission shall be entitled to receive | 12 | | all service of process in any such proceeding, and shall have | 13 | | standing to intervene in the proceeding for all purposes. | 14 | | Failure to provide service of process to the Interstate | 15 | | Commission shall render a judgment or order void as to the | 16 | | Interstate Commission, the Compact, or promulgated rules. | 17 | | SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT | 18 | | (a) The Interstate Commission, in the reasonable exercise | 19 | | of its discretion, shall enforce the provisions and rules of | 20 | | the Compact. | 21 | | (b) The Interstate Commission may, by majority vote of the | 22 | | Commissioners, initiate legal action in the United States | 23 | | District Court for the District of Columbia, or, at the | 24 | | discretion of the Interstate Commission, in the federal | 25 | | district where the Interstate Commission has its principal |
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| 1 | | offices, to enforce compliance with the provisions of the | 2 | | Compact, and its promulgated rules and bylaws, against a member | 3 | | state in default. The relief sought may include both injunctive | 4 | | relief and damages. In the event judicial enforcement is | 5 | | necessary, the prevailing party shall be awarded all costs of | 6 | | such litigation including reasonable attorney's fees. | 7 | | (c) The remedies herein shall not be the exclusive remedies | 8 | | of the Interstate Commission. The Interstate Commission may | 9 | | avail itself of any other remedies available under state law or | 10 | | the regulation of a profession. | 11 | | SECTION 18. DEFAULT PROCEDURES | 12 | | (a) The grounds for default include, but are not limited | 13 | | to, failure of a member state to perform such obligations or | 14 | | responsibilities imposed upon it by the Compact, or the rules | 15 | | and bylaws of the Interstate Commission promulgated under the | 16 | | Compact. | 17 | | (b) If the Interstate Commission determines that a member | 18 | | state has defaulted in the performance of its obligations or | 19 | | responsibilities under the Compact, or the bylaws or | 20 | | promulgated rules, the Interstate Commission shall: | 21 | | (1) Provide written notice to the defaulting state and | 22 | | other member states, of the nature of the default, the | 23 | | means of curing the default, and any action taken by the | 24 | | Interstate Commission. The Interstate Commission shall | 25 | | specify the conditions by which the defaulting state must |
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| 1 | | cure its default; and | 2 | | (2) Provide remedial training and specific technical | 3 | | assistance regarding the default. | 4 | | (c) If the defaulting state fails to cure the default, the | 5 | | defaulting state shall be terminated from the Compact upon an | 6 | | affirmative vote of a majority of the Commissioners and all | 7 | | rights, privileges, and benefits conferred by the Compact shall | 8 | | terminate on the effective date of termination. A cure of the | 9 | | default does not relieve the offending state of obligations or | 10 | | liabilities incurred during the period of the default. | 11 | | (d) Termination of membership in the Compact shall be | 12 | | imposed only after all other means of securing compliance have | 13 | | been exhausted. Notice of intent to terminate shall be given by | 14 | | the Interstate Commission to the governor, the majority and | 15 | | minority leaders of the defaulting state's legislature, and | 16 | | each of the member states. | 17 | | (e) The Interstate Commission shall establish rules and | 18 | | procedures to address licenses and physicians that are | 19 | | materially impacted by the termination of a member state, or | 20 | | the withdrawal of a member state. | 21 | | (f) The member state which has been terminated is | 22 | | responsible for all dues, obligations, and liabilities | 23 | | incurred through the effective date of termination including | 24 | | obligations, the performance of which extends beyond the | 25 | | effective date of termination. | 26 | | (g) The Interstate Commission shall not bear any costs |
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| 1 | | relating to any state that has been found to be in default or | 2 | | which has been terminated from the Compact, unless otherwise | 3 | | mutually agreed upon in writing between the Interstate | 4 | | Commission and the defaulting state. | 5 | | (h) The defaulting state may appeal the action of the | 6 | | Interstate Commission by petitioning the United States | 7 | | District Court for the District of Columbia or the federal | 8 | | district where the Interstate Commission has its principal | 9 | | offices. The prevailing party shall be awarded all costs of | 10 | | such litigation including reasonable attorney's fees. | 11 | | SECTION 19. DISPUTE RESOLUTION | 12 | | (a) The Interstate Commission shall attempt, upon the | 13 | | request of a member state, to resolve disputes which are | 14 | | subject to the Compact and which may arise among member states | 15 | | or member boards. | 16 | | (b) The Interstate Commission shall promulgate rules | 17 | | providing for both mediation and binding dispute resolution as | 18 | | appropriate. | 19 | | SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT | 20 | | (a) Any state is eligible to become a member state of the | 21 | | Compact. | 22 | | (b) The Compact shall become effective and binding upon | 23 | | legislative enactment of the Compact into law by no less than | 24 | | seven (7) states. Thereafter, it shall become effective and |
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| 1 | | binding on a state upon enactment of the Compact into law by | 2 | | that state. | 3 | | (c) The governors of non-member states, or their designees, | 4 | | shall be invited to participate in the activities of the | 5 | | Interstate Commission on a non-voting basis prior to adoption | 6 | | of the Compact by all states. | 7 | | (d) The Interstate Commission may propose amendments to the | 8 | | Compact for enactment by the member states. No amendment shall | 9 | | become effective and binding upon the Interstate Commission and | 10 | | the member states unless and until it is enacted into law by | 11 | | unanimous consent of the member states. | 12 | | SECTION 21. WITHDRAWAL | 13 | | (a) Once effective, the Compact shall continue in force and | 14 | | remain binding upon each and every member state; provided that | 15 | | a member state may withdraw from the Compact by specifically | 16 | | repealing the statute which enacted the Compact into law. | 17 | | (b) Withdrawal from the Compact shall be by the enactment | 18 | | of a statute repealing the same, but shall not take effect | 19 | | until one (1) year after the effective date of such statute and | 20 | | until written notice of the withdrawal has been given by the | 21 | | withdrawing state to the governor of each other member state. | 22 | | (c) The withdrawing state shall immediately notify the | 23 | | chairperson of the Interstate Commission in writing upon the | 24 | | introduction of legislation repealing the Compact in the | 25 | | withdrawing state. |
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| 1 | | (d) The Interstate Commission shall notify the other member | 2 | | states of the withdrawing state's intent to withdraw within | 3 | | sixty (60) days of its receipt of notice provided under | 4 | | subsection (c). | 5 | | (e) The withdrawing state is responsible for all dues, | 6 | | obligations and liabilities incurred through the effective | 7 | | date of withdrawal, including obligations, the performance of | 8 | | which extend beyond the effective date of withdrawal. | 9 | | (f) Reinstatement following withdrawal of a member state | 10 | | shall occur upon the withdrawing state reenacting the Compact | 11 | | or upon such later date as determined by the Interstate | 12 | | Commission. | 13 | | (g) The Interstate Commission is authorized to develop | 14 | | rules to address the impact of the withdrawal of a member state | 15 | | on licenses granted in other member states to physicians who | 16 | | designated the withdrawing member state as the state of | 17 | | principal license. | 18 | | SECTION 22. DISSOLUTION | 19 | | (a) The Compact shall dissolve effective upon the date of | 20 | | the withdrawal or default of the member state which reduces the | 21 | | membership in the Compact to one (1) member state. | 22 | | (b) Upon the dissolution of the Compact, the Compact | 23 | | becomes null and void and shall be of no further force or | 24 | | effect, and the business and affairs of the Interstate | 25 | | Commission shall be concluded and surplus funds shall be |
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| 1 | | distributed in accordance with the bylaws. | 2 | | SECTION 23. SEVERABILITY AND CONSTRUCTION | 3 | | (a) The provisions of the Compact shall be severable, and | 4 | | if any phrase, clause, sentence, or provision is deemed | 5 | | unenforceable, the remaining provisions of the Compact shall be | 6 | | enforceable. | 7 | | (b) The provisions of the Compact shall be liberally | 8 | | construed to effectuate its purposes. | 9 | | (c) Nothing in the Compact shall be construed to prohibit | 10 | | the applicability of other interstate compacts to which the | 11 | | states are members. | 12 | | SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS | 13 | | (a) Nothing herein prevents the enforcement of any other | 14 | | law of a member state that is not inconsistent with the | 15 | | Compact. | 16 | | (b) All laws in a member state in conflict with the Compact | 17 | | are superseded to the extent of the conflict. | 18 | | (c) All lawful actions of the Interstate Commission, | 19 | | including all rules and bylaws promulgated by the Commission, | 20 | | are binding upon the member states. | 21 | | (d) All agreements between the Interstate Commission and | 22 | | the member states are binding in accordance with their terms. | 23 | | (e) In the event any provision of the Compact exceeds the | 24 | | constitutional limits imposed on the legislature of any member |
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| 1 | | state, such provision shall be ineffective to the extent of the | 2 | | conflict with the constitutional provision in question in that | 3 | | member state.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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