The Interstate Medical Licensure Compact is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:
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 and 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
As used in the compact, the term:
(1) “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.
(2) “Commissioner” means the voting representative appointed by each member board pursuant to Section 11.
(3) “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.
(4) “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.
(5) “Interstate Commission” means the Interstate Medical Licensure Compact Commission created pursuant to Section 11.
(6) “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
(7) “Medical practice act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
(8) “Member board” means a state agency in a member state which 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.
(9) “Member state” means a state that has enacted the compact.
(10) “Offense” means a felony, high court misdemeanor, or crime of moral turpitude.
(11) “Physician” means any person who:
(a) 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;
(b) 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;
(c) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;
(d) 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; however, the specialty certification or a time-unlimited specialty certificate does not have to be maintained once a physician is initially determined to be eligible for expedited licensure through the compact;
(e) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
(f) Has never been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(g) 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 nonpayment of fees related to a license;
(h) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and
(i) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
(12) “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.
(13) “Rule” means a written statement by the Interstate Commission adopted pursuant to Section 12 of the compact which 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.
(14) “State” means any state, commonwealth, district, or territory of the United States.
(15) “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
(1) A physician must meet the eligibility requirements as provided in subsection (11) of Section 2 to receive an expedited license under the terms of the compact.
(2) A physician who does not meet the requirements specified in subsection (11) of Section 2 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
(1) 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:
(a) The state of primary residence for the physician;
(b) The state where at least 25 percent of the physician’s practice of medicine occurs;
(c) The location of the physician’s employer; or
(d) If no state qualifies under paragraph (a), paragraph (b), or paragraph (c), the state designated as the physician’s state of residence for purpose of federal income tax.
(2) A physician may redesignate a member state as state of principal license at any time, as long as the state meets one of the descriptions under subsection (1).
(3) The Interstate Commission may develop rules to facilitate redesignation of another member state as the state of principal license.
SECTION 5
APPLICATION AND ISSUANCE
OF EXPEDITED LICENSURE
(1) A physician seeking licensure through the compact must file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(2) 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.
(a) 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, are not subject to additional primary source verification if already primary source-verified by the state of principal license.
(b) 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 a suitability determination in accordance with 5 C.F.R. s. 731.202.
(c) Appeal on the determination of eligibility must be made to the member state where the application was filed and is subject to the law of that state.
(3) Upon verification in subsection (2), physicians eligible for an expedited license must complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (1).
(4) After receiving verification of eligibility under subsection (2) and upon an applicant’s completion of any registration process required under subsection (3), a member board shall issue an expedited license to the physician. This license authorizes 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.
(5) An expedited license is 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.
(6) An expedited license obtained through the compact must be terminated if a physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license.
(7) The Interstate Commission may develop rules regarding the application process and the issuance of an expedited license.
SECTION 6
RENEWAL AND CONTINUED PARTICIPATION
(1) 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:
(a) Maintains a full and unrestricted license in a state of principal license;
(b) Has not been convicted or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(c) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(d) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(2) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(3) Physician information collected by the Interstate Commission during the renewal process must be distributed to all member boards.
(4) The Interstate Commission may develop rules to address renewal of licenses obtained through the compact.
SECTION 7
COORDINATED INFORMATION SYSTEM
(1) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 5.
(2) 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 for or received an expedited license through the compact.
(3) Member boards shall report to the Interstate Commission disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.
(4) Member boards may report to the Interstate Commission any nonpublic complaint, disciplinary, or investigatory information not required by subsection (3).
(5) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(6) 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.
(7) The Interstate Commission may develop rules for mandated or discretionary sharing of information by member boards.
SECTION 8
JOINT INVESTIGATIONS
(1) Licensure and disciplinary records of physicians are deemed investigative.
(2) 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.
(3) A subpoena issued by a member state is enforceable in other member states.
(4) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(5) 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 9
DISCIPLINARY ACTIONS
(1) Any disciplinary action taken by any member board against a physician licensed through the compact is deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(2) 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 must 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.
(3) 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:
(a) Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice act of that state; or
(b) Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(4) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, any license issued to the physician by any other member board must be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days after entry of the order by the disciplining board, to permit the member boards 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 before the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
SECTION 10
INTERSTATE MEDICAL LICENSURE
COMPACT COMMISSION
(1) The member states hereby create the Interstate Medical Licensure Compact Commission.
(2) The purpose of the Interstate Commission is the administration of the compact, which is a discretionary state function.
(3) The Interstate Commission is a body corporate and joint agency of the member states and has 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.
(4) 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. Each commissioner must be one of the following:
(a) An allopathic or osteopathic physician appointed to a member board.
(b) An executive director, an executive secretary, or a similar executive of a member board.
(c) A member of the public appointed to a member board.
(5) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting must 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.
(6) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic means.
(7) Each commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of commissioners constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A commissioner may 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 must meet the qualification requirements specified in subsection (4).
(8) The Interstate Commission shall provide public notice of all meetings, and all meetings must 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:
(a) Relate solely to the internal personnel practices and procedures of the Interstate Commission;
(b) Discuss matters specifically exempted from disclosure by federal statute;
(c) Discuss trade secrets or commercial or financial information that is privileged or confidential;
(d) Involve accusing a person of a crime, or formally censuring a person;
(e) Discuss information of a personal nature, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(f) Discuss investigative records compiled for law enforcement purposes; or
(g) Specifically relate to participation in a civil action or other legal proceeding.
(9) The Interstate Commission shall keep minutes that fully describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, including a record of any roll call votes.
(10) 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.
(11) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee has 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 compact and its bylaws and rules, and other duties as necessary.
(12) The Interstate Commission may establish other committees for governance and administration of the compact.
SECTION 11
POWERS AND DUTIES OF
THE INTERSTATE COMMISSION
The Interstate Commission has all of the following powers and duties:
(1) Overseeing and maintaining the administration of the compact.
(2) Adopting rules, which shall be binding to the extent and in the manner provided for in the compact.
(3) Issuing, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact and its bylaws, rules, and actions.
(4) Enforcing compliance with the compact, the rules adopted by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
(5) Establishing and appointing 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.
(6) Paying for or providing for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission.
(7) Establishing and maintaining one or more offices.
(8) Borrowing, accepting, hiring, or contracting for services of personnel.
(9) Purchasing and maintaining insurance and bonds.
(10) Employing an executive director, who shall have the power to employ, select, or appoint employees, agents, or consultants and to determine their qualifications, define their duties, and fix their compensation.
(11) Establishing personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
(12) Accepting donations and grants of money, equipment, supplies, materials, and services and receiving, using, and disposing of them in a manner consistent with the conflict-of-interest policies established by the Interstate Commission.
(13) Leasing, purchasing, accepting contributions or donations of, or otherwise owning, holding, improving, or using any property, real, personal, or mixed.
(14) Selling, conveying, mortgaging, pledging, leasing, exchanging, abandoning, or otherwise disposing of any property, real, personal, or mixed.
(15) Establishing a budget and making expenditures.
(16) Adopting a seal and bylaws governing the management and operation of the Interstate Commission.
(17) Reporting annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports must also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission.
(18) Coordinating education, training, and public awareness regarding the compact and its implementation and operation.
(19) Maintaining records in accordance with the bylaws.
(20) Seeking and obtaining trademarks, copyrights, and patents.
(21) Performing any other functions necessary or appropriate to achieve the purposes of the compact.
SECTION 12
FINANCE POWERS
(1) 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 must be allocated upon a formula to be determined by the Interstate Commission, which shall adopt a rule binding upon all member states.
(2) The Interstate Commission may not incur obligations of any kind before securing the funds adequate to meet the same.
(3) The Interstate Commission may not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(4) The Interstate Commission is subject to an annual financial audit conducted by a certified or licensed public accountant, and the report of the audit must be included in the annual report of the Interstate Commission.
SECTION 13
ORGANIZATION AND OPERATION OF
THE INTERSTATE COMMISSION
(1) 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 12 months after the first Interstate Commission meeting.
(2) 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 over all meetings of the Interstate Commission.
(3) Officers selected pursuant to subsection (2) shall serve without remuneration from the Interstate Commission.
(4) The officers and employees of the Interstate Commission are 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 is not protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
(a) 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 may 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.
(b) The Interstate Commission shall defend the executive director and 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 persons 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.
(c) To the extent not covered by the state involved, the member state, or the Interstate Commission, the representatives or employees of the Interstate Commission must be held harmless in the amount of a settlement or judgment, including attorney 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 14
RULEMAKING FUNCTIONS OF
THE INTERSTATE COMMISSION
(1) The Interstate Commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of the compact. However, 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 is invalid and has no force or effect.
(2) Rules deemed appropriate for the operations of the Interstate Commission must be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010, and subsequent amendments thereto.
(3) Not later than 30 days after a rule is adopted, 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 does 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 must give deference to the actions of the Interstate Commission consistent with applicable law and may not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.
SECTION 15
OVERSIGHT OF INTERSTATE COMPACT
(1) 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 compact and the rules adopted hereunder shall have standing as statutory law but do not override existing state authority to regulate the practice of medicine.
(2) 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.
(3) The Interstate Commission is 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 adopted rules, as applicable.
SECTION 16
ENFORCEMENT OF INTERSTATE COMPACT
(1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(2) 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 compact and its adopted 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 must be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein are not 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 17
DEFAULT PROCEDURES
(1) 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 adopted under the compact.
(2) 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 adopted rules, the Interstate Commission shall:
(a) 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
(b) Provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state may 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 terminate on the effective date of the termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(4) Termination of membership in the compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate must 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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 must be awarded all costs of such litigation including reasonable attorney fees.
SECTION 18
DISPUTE RESOLUTION
(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states or member boards.
(2) The Interstate Commission shall adopt rules providing for both mediation and binding dispute resolution as appropriate.
SECTION 19
MEMBER STATES,
EFFECTIVE DATE, AND AMENDMENT
(1) Any state is eligible to become a member state of the compact.
(2) The compact becomes effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it becomes effective and binding on a state upon enactment of the compact into law by that state.
(3) The governors of nonmember states, or their designees, must be invited to participate in the activities of the Interstate Commission on a nonvoting basis before adoption of the compact by all states.
(4) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment becomes 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 20
WITHDRAWAL
(1) Once effective, the compact shall continue in force and remain binding upon each member state. However, a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from the compact must be made by the enactment of a statute repealing the same, but the withdrawal shall not take effect until 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.
(3) 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.
(4) The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days after receipt of notice provided under subsection (3).
(5) 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.
(6) 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.
(7) The Interstate Commission may 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 21
DISSOLUTION
(1) 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 member state.
(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, the business and affairs of the Interstate Commission must be concluded, and surplus funds of the Interstate Commission must be distributed in accordance with the bylaws.
SECTION 22
SEVERABILITY AND CONSTRUCTION
(1) The provisions of the compact are severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact remain enforceable.
(2) The provisions of the compact must be liberally construed to effectuate its purposes.
(3) The compact may be construed to prohibit the applicability of other interstate compacts to which the states are members.
SECTION 23
BINDING EFFECT OF
COMPACT AND OTHER LAWS
(1) Nothing herein prevents the enforcement of any other law of a member state which is not inconsistent with the compact.
(2) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(3) All lawful actions of the Interstate Commission, including all rules and bylaws adopted by the commission, are binding upon the member states.
(4) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(5) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.
