§ 24-60-3602 — Compact approved and ratified

Colorado § 24-60-3602

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

INTERSTATE MEDICAL LICENSURE COMPACT

SECTION 1. PURPOSE

In order to strengthen access to health care, and in recognition of the advances in
the delivery of health care, the member states of the Interstate Medical Licensure
Compact have allied in common purpose to develop a comprehensive process that
complements the existing licensing and regulatory authority of state medical
boards, provides a streamlined process that allows physicians to become licensed
in multiple states, thereby enhancing the portability of a medical license and
ensuring the safety of patients. The Compact creates another pathway for licensure
and does not otherwise change a state's existing Medical Practice Act. The
Compact also adopts the prevailing standard for licensure and affirms that the
practice of medicine occurs where the patient is located at the time of the
physician-patient encounter, and therefore, requires the physician to be under the
jurisdiction of the state medical board where the patient is located. State medical
boards that participate in the Compact retain the jurisdiction to impose an adverse
action against a license to practice medicine in that state issued to a physician
through the procedures in the Compact.

SECTION 2. DEFINITIONS

In this Compact:

(a) Bylaws means those bylaws established by the Interstate Commission
pursuant to Section 11 for its governance, or for directing and controlling its actions
and conduct.

(b) Commissioner means the voting representative appointed by each
member board pursuant to Section 11.

(c) Conviction means a finding by a court that an individual is guilty of a
criminal offense through adjudication, or entry of a plea of guilt or no contest to the
charge by the offender. Evidence of an entry of a conviction of a criminal offense by
the court shall be considered final for purposes of disciplinary action by a member
board.

(d) Expedited License means a full and unrestricted medical license
granted by a member state to an eligible physician through the process set forth in
the Compact.

(e) Interstate Commission means the interstate commission created
pursuant to Section 11.

(f) License means authorization by a state for a physician to engage in the
practice of medicine, which would be unlawful without the authorization.

(g) Medical Practice Act means laws and regulations governing the
practice of allopathic and osteopathic medicine within a member state.

(h) Member Board means a state agency in a member state that acts in the
sovereign interests of the state by protecting the public through licensure,
regulation, and education of physicians as directed by the state government.

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

(j) Practice of Medicine means the clinical prevention, diagnosis, or
treatment of human disease, injury, or condition requiring a physician to obtain and
maintain a license in compliance with the Medical Practice Act of a member state.

(k) Physician means any person who:

(1) Is a graduate of a medical school accredited by the Liaison Committee on
Medical Education, the Commission on Osteopathic College Accreditation, or a
medical school listed in the International Medical Education Directory or its
equivalent;

(2) Passed each component of the United States Medical Licensing
Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing
Examination (COMLEX-USA) within three attempts, or any of its predecessor
examinations accepted by a state medical board as an equivalent examination for
licensure purposes;

(3) Successfully completed graduate medical education approved by the
Accreditation Council for Graduate Medical Education or the American Osteopathic
Association;

(4) Holds specialty certification or a time-unlimited specialty certificate
recognized by the American Board of Medical Specialties or the American
Osteopathic Association's Bureau of Osteopathic Specialists;

(5) Possesses a full and unrestricted license to engage in the practice of
medicine issued by a member board;

(6) Has never been convicted, received adjudication, deferred adjudication,
community supervision, or deferred disposition for any offense by a court of
appropriate jurisdiction;

(7) Has never held a license authorizing the practice of medicine subjected
to discipline by a licensing agency in any state, federal, or foreign jurisdiction,
excluding any action related to non-payment of fees related to a license;

(8) Has never had a controlled substance license or permit suspended or
revoked by a state or the United States Drug Enforcement Administration; and

(9) Is not under active investigation by a licensing agency or law
enforcement authority in any state, federal, or foreign jurisdiction.

(l) Offense means a felony, gross misdemeanor, or crime of moral
turpitude.

(m) Rule means a written statement by the Interstate Commission
promulgated pursuant to Section 12 of the Compact that is of general applicability,
implements, interprets, or prescribes a policy or provision of the Compact or an
organizational, procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a member state and includes the
amendment, repeal, or suspension of an existing rule.

(n) State means any state, commonwealth, district, or territory of the
United States.

(o) State of Principal License means a member state where a physician
holds a license to practice medicine and which has been designated as such by the
physician for purposes of registration and participation in the Compact.

SECTION 3. ELIGIBILITY

(a) A physician must meet the eligibility requirements as defined in Section
2(k) to receive an expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of Section 2(k) may
obtain a license to practice medicine in a member state if the individual complies
with all laws and requirements, other than the Compact, relating to the issuance of
a license to practice medicine in that state.

SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of principal
license for purposes of registration for expedited licensure through the Compact if
the physician possesses a full and unrestricted license to practice medicine in that
state, and the state is:

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

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

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

(4) if no state qualifies under subsection (1), subsection (2), or subsection (3),
the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license
at any time, as long as the state meets the requirements in subsection (a).

(c) The Interstate Commission is authorized to develop rules to facilitate
redesignation of another member state as the state of principal license.

SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the Compact shall file an
application for an expedited license with the member board of the state selected by
the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member
board within the state selected as the state of principal license shall evaluate
whether the physician is eligible for expedited licensure and issue a letter of
qualification, verifying or denying the physician's eligibility, to the Interstate
Commission.

(i) Static qualifications, which include verification of medical
education, graduate medical education, results of any medical or licensing
examination, and other qualifications as determined by the Interstate Commission
through rule, shall not be subject to additional primary source verification where
already primary source verified by the state of principal license.

(ii) The member board within the state selected as the state of
principal license shall, in the course of verifying eligibility, perform a criminal
background check of an applicant, including the use of the results of fingerprint or
other biometric data checks compliant with the requirements of the Federal Bureau
of Investigation, with the exception of federal employees who have suitability
determination in accordance with U.S. 5 C.F.R. � 731.202.

(iii) Appeal on the determination of eligibility shall be made to the
member state where the application was filed and shall be subject to the law of
that state.

(c) Upon verification in subsection (b), physicians eligible for an expedited
license shall complete the registration process established by the Interstate
Commission to receive a license in a member state selected pursuant to subsection
(a), including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees
under subsection (c), a member board shall issue an expedited license to the
physician. This license shall authorize the physician to practice medicine in the
issuing state consistent with the Medical Practice Act and all applicable laws and
regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the
licensure period in the member state and in the same manner as required for other
physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the Compact shall be terminated if
a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules regarding the
application process, including payment of any applicable fees, and the issuance of
an expedited license.

SECTION 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the practice of
medicine in that state may impose a fee for a license issued or renewed through the
Compact.

(b) The Interstate Commission is authorized to develop rules regarding fees
for expedited licenses.

SECTION 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted in a member
state shall complete a renewal process with the Interstate Commission if the
physician:

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

(2) Has not been convicted, received adjudication, deferred
adjudication, community supervision, or deferred disposition for any offense by a
court of appropriate jurisdiction;

(3) Has not had a license authorizing the practice of medicine subject
to discipline by a licensing agency in any state, federal, or foreign jurisdiction,
excluding any action related to non-payment of fees related to a license; and

(4) Has not had a controlled substance license or permit suspended or
revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or
continuing medical education requirements for renewal of a license issued by a
member state.

(c) The Interstate Commission shall collect any renewal fees charged for the
renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c), a member
board shall renew the physician's license.

(e) Physician information collected by the Interstate Commission during the
renewal process will be distributed to all member boards.

(f) The Interstate Commission is authorized to develop rules to address
renewal of licenses obtained through the Compact.

SECTION 8. COORDINATED INFORMATION SYSTEM

(a) The Interstate Commission shall establish a database of all physicians
licensed, or who have applied for licensure, under section 5.

(b) Notwithstanding any other provision of law, member boards shall report
to the Interstate Commission any public action or complaints against a licensed
physician who has applied or received an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory information
determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any non-public complaint, disciplinary, or
investigatory information not required by subsection (c) to the Interstate
Commission.

(e) Member boards shall share complaint or disciplinary information about a
physician upon request of another member board.

(f) All information provided to the Interstate Commission or distributed by
member boards shall be confidential, filed under seal, and used only for
investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or
discretionary sharing of information by member boards.

SECTION 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed
investigative.

(b) In addition to the authority granted to a member board by its respective
Medical Practice Act or other applicable state law, a member board may participate
with other member boards in joint investigations of physicians licensed by the
member boards.

(c) A subpoena issued by a member state shall be enforceable in other
member states.

(d) Member boards may share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
Compact.

(e) Any member state may investigate actual or alleged violations of the
statutes authorizing the practice of medicine in any other member state in which a
physician holds a license to practice medicine.

SECTION 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a physician
licensed through the Compact shall be deemed unprofessional conduct 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.

(b) If a license granted to a physician by the member board in the state of
principal license is revoked, surrendered or relinquished in lieu of discipline, or
suspended, then all licenses issued to the physician by member boards shall
automatically be placed, without further action necessary by any member board, on
the same status. If the member board in the state of principal license subsequently
reinstates the physician's license, a license issued to the physician by any other
member board shall remain encumbered until that respective member board takes
action to reinstate the license in a manner consistent with the Medical Practice Act
of that state.

(c) If disciplinary action is taken against a physician by a member board not
in the state of principal license, any other member board may deem the action
conclusive as to matter of law and fact decided, and:

(i) impose the same or lesser sanction(s) against the physician so long
as such sanctions are consistent with the Medical Practice Act of that state;

(ii) or pursue separate disciplinary action against the physician under
its respective Medical Practice Act, regardless of the action taken in other member
states.

(d) If a license granted to a physician by a member board is revoked,
surrendered or relinquished in lieu of discipline, or suspended, then any license(s)
issued to the physician by any other member board(s) shall be suspended,
automatically and immediately without further action necessary by the other
member board(s), for ninety (90) days upon entry of the order by the disciplining
board, to permit the member board(s) to investigate the basis for the action under
the Medical Practice Act of that state. A member board may terminate the
automatic suspension of the license it issued prior to the completion of the ninety
(90) day suspension period in a manner consistent with the Medical Practice Act of
that state.

SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the Interstate Medical Licensure
Compact Commission.

(b) The purpose of the Interstate Commission is the administration of the
Interstate Medical Licensure Compact, which is a discretionary state function.

(c) The Interstate Commission shall be a body corporate and joint agency of
the member states and shall have all the responsibilities, powers, and duties set
forth in the Compact, and such additional powers as may be conferred upon it by a
subsequent concurrent action of the respective legislatures of the member states
in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of two voting representatives
appointed by each member state who shall serve as Commissioners. In states where
allopathic and osteopathic physicians are regulated by separate member boards, or
if the licensing and disciplinary authority is split between multiple member boards
within a member state, the member state shall appoint one representative from
each member board. A commissioner shall be a(n):

(1) Allopathic or osteopathic physician appointed to a member board;

(2) Executive director, executive secretary, or similar executive of a
member board; or

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

(e) The Interstate Commission shall meet at least once each calendar year. A
portion of this meeting shall be a business meeting to address such matters as may
properly come before the Commission, including the election of officers. The
chairperson may call additional meetings and shall call for a meeting upon the
request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or electronic communication.

(g) Each Commissioner participating at a meeting of the Interstate
Commission is entitled to one vote. A majority of Commissioners shall constitute a
quorum for the transaction of business, unless a larger quorum is required by the
bylaws of the Interstate Commission. A commissioner shall not delegate a vote to
another Commissioner. In the absence of its Commissioner, a member state may
delegate voting authority for a specified meeting to another person from that state
who shall meet the requirements of subsection (d).

(h) The Interstate Commission shall provide public notice of all meetings and
all meetings shall be open to the public. The Interstate Commission may close a
meeting, in full or in portion, where it determines by a two-thirds vote of the
Commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practices and procedures of
the Interstate Commission;

(2) Discuss matters specifically exempted from disclosure by federal
statute;

(3) Discuss trade secrets, commercial or financial information that is
privileged or confidential;

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

(5) Discuss information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

(6) Discuss investigative records compiled for law enforcement
purposes; or

(7) Specifically relate to the participation in a civil action or other legal
proceeding.

(i) The Interstate Commission shall keep minutes which shall fully describe
all matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, including record of any roll call votes.

(j) The Interstate Commission shall make its information and official records,
to the extent not otherwise designated in the Compact or by its rules, available to
the public for inspection.

(k) The Interstate Commission shall establish an executive committee, which
shall include officers, members, and others as determined by the bylaws. The
executive committee shall have the power to act on behalf of the Interstate
Commission, with the exception of rulemaking, during periods when the Interstate
Commission is not in session. When acting on behalf of the Interstate Commission,
the executive committee shall oversee the administration of the Compact, including
enforcement and compliance with the provisions of the Compact, its bylaws and
rules, and other such duties as necessary.

(l) The Interstate Commission may establish other committees for
governance and administration of the Compact.

SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the duty and power to:

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

(b) Promulgate rules which shall be binding to the extent and in the manner
provided for in the Compact;

(c) Issue, upon the request of a member state or member board, advisory
opinions concerning the meaning or interpretation of the Compact, its bylaws, rules,
and actions;

(d) Enforce compliance with Compact provisions, the rules promulgated by
the Interstate Commission, and the bylaws, using all necessary and proper means,
including but not limited to the use of judicial process;

(e) Establish and appoint committees including, but not limited to, an
executive committee as required by Section 11, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and duties;

(f) Pay, or provide for the payment of the expenses related to the
establishment, organization, and ongoing activities of the Interstate Commission;

(g) Establish and maintain one or more offices;

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

(i) Purchase and maintain insurance and bonds;

(j) Employ an executive director who shall have such powers to employ,
select or appoint employees, agents, or consultants, and to determine their
qualifications, define their duties, and fix their compensation;

(k) Establish personnel policies and programs relating to conflicts of
interest, rates of compensation, and qualifications of personnel;

(l) Accept donations and grants of money, equipment, supplies, materials
and services, and to receive, utilize, and dispose of it in a manner consistent with
the conflict of interest policies established by the Interstate Commission;

(m) Lease, purchase, accept contributions or donations of, or otherwise to
own, hold, improve, or use any property, real, personal, or mixed;

(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;

(o) Establish a budget and make expenditures;

(p) Adopt a seal and bylaws governing the management and operation of the
Interstate Commission;

(q) Report annually to the legislatures and governors of the member states
concerning the activities of the Interstate Commission during the preceding year.
Such reports shall also include reports of financial audits and any
recommendations that may have been adopted by the Interstate Commission;

(r) Coordinate education, training, and public awareness regarding the
Compact, its implementation, and its operation;

(s) Maintain records in accordance with the bylaws;

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

(u) Perform such functions as may be necessary or appropriate to achieve
the purposes of the Compact.

SECTION 13. FINANCE POWERS

(a) The Interstate Commission may levy on and collect an annual assessment
from each member state to cover the cost of the operations and activities of the
Interstate Commission and its staff. The total assessment must be sufficient to
cover the annual budget approved each year for which revenue is not provided by
other sources. The aggregate annual assessment amount shall be allocated upon a
formula to be determined by the Interstate Commission, which shall promulgate a
rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet same.

(c) The Interstate Commission shall not pledge the credit of any of the
member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit
conducted by a certified or licensed public accountant and the report of the audit
shall be included in the annual report of the Interstate Commission.

SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION

(a) The Interstate Commission shall, by a majority of Commissioners present
and voting, adopt bylaws to govern its conduct as may be necessary or appropriate
to carry out the purposes of the Compact within twelve (12) months of the first
Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its
Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom
shall have authority and duties as may be specified in the bylaws. The chairperson
or, in the chairperson's absence or disability, the vice-chairperson shall preside at
all meetings of the Interstate Commission.

(c) Officers selected in subsection (b) shall serve without remuneration from
the Interstate Commission.

(d) The officers and employees of the Interstate Commission shall be
immune from suit and liability, either personally or in their official capacity, for a
claim for damage to or loss of property or personal injury or other civil liability
caused or arising out of, or relating to, an actual or alleged act, error, or omission
that occurred, or that such person had a reasonable basis for believing occurred,
within the scope of Interstate Commission employment, duties, or responsibilities;
provided that such person shall not be protected from suit or liability for damage,
loss, injury, or liability caused by the intentional or willful and wanton misconduct of
such person.

(1) The liability of the executive director and employees of the
Interstate Commission or representative of the Interstate Commission, acting within
the scope of such person's employment or duties for acts, errors, or omissions
occurring within each person's state, may not exceed the limits of liability set forth
under the constitution and laws of that state for state officials, employees, and
agents. The Interstate Commission is considered to be an instrumentality of the
states for the purposes of any such action. Nothing in this subsection shall be
construed to protect such person from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive director, its
employees and subject to the approval of the attorney general or other appropriate
legal counsel of the member state represented by an Interstate Commission
representative, shall defend such Interstate Commission representative in any civil
action seeking to impose liability arising out of an actual or alleged act, error or
omission that occurred within the scope of Interstate Commission employment,
duties or responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or
the Interstate Commission, the representatives or employees of the Interstate
Commission shall be held harmless in the amount of a settlement or judgment,
including attorney's fees and costs, obtained against such persons arising out of an
actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons had a
reasonable basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton misconduct
on the part of such persons.

SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE
COMMISSION

(a) The Interstate Commission shall promulgate reasonable rules in order to
effectively and efficiently achieve the purposes of the Compact. Notwithstanding
the Interstate Commission exercises its rulemaking authority in a manner that is
beyond the scope of the purposes of the Compact, or the powers granted
hereunder, then such an action by the Interstate Commission shall be invalid and
have no force or effect.

(b) Rules deemed appropriate for the operations of the Interstate
Commission shall be made pursuant to a rulemaking process that substantially
conforms to the Model State Administrative Procedure Act of 2010, and
subsequent amendments thereto.

(c) Not later than thirty (30) days after a rule is promulgated, any person may
file a petition for judicial review of the rule in the United States District Court for
the District of Columbia or the federal district where the Interstate Commission has
its principal offices provided that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The court shall give deference to
the actions of the Interstate Commission consistent with applicable law and shall
not find the rule to be unlawful if the rule represents a reasonable exercise of the
authority granted to the Interstate Commission.

SECTION 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative, and judicial branches of state government in
each member state shall enforce the Compact and shall take all actions necessary
and appropriate to effectuate the Compact's purposes and intent. The provisions of
the Compact and the rules promulgated hereunder shall have standing as statutory
law but shall not override existing state authority to regulate the practice of
medicine.

(b) All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject
matter of the Compact which may affect the powers, responsibilities, or actions of
the Interstate Commission.

(c) The Interstate Commission shall be entitled to receive all service of
process in any such proceeding, and shall have standing to intervene in the
proceedings for all purposes. Failure to provide service of process to the Interstate
Commission shall render a judgment or order void as to the Interstate Commission,
the Compact, or promulgated rules.

SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The Interstate Commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of the Compact.

(b) The Interstate Commission may, by majority vote of the Commissioners,
initiate legal action in the United States District Court for the District of Columbia
or, at the discretion of the Interstate Commission, in the federal district where the
Interstate Commission has its principal offices, to enforce compliance with the
provisions of the Compact, and its promulgated rules and bylaws, against a member
state in default. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation including reasonable attorney fees.

(c) The remedies herein shall not be the exclusive remedies of the Interstate
Commission. The Interstate Commission may avail itself of any other remedies
available under state law or the regulation of a profession.

SECTION 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to, failure of a
member state to perform such obligations or responsibilities imposed upon it by the
Compact or by the rules and bylaws of the Interstate Commission promulgated
under the Compact.

(b) If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under the
Compact, or the bylaws or promulgated rules, the Interstate Commission shall:

(1) Provide written notice to the defaulting state and other member
states, of the nature of the default, the means of curing the default, and any action
taken by the Interstate Commission. The Interstate Commission shall specify the
conditions by which the defaulting state must cure its default; and

(2) Provide remedial training and specific technical assistance
regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall
be terminated from the Compact upon an affirmative vote of a majority of the
Commissioners and all rights, privileges, and benefits conferred by the Compact
shall terminate on the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred during the period of
the default.

(d) Termination of membership in the Compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to
terminate shall be given by the Interstate Commission to the governor, the majority
and minority leaders of the defaulting state's legislature, and each of the member
states.

(e) The Interstate Commission shall establish rules and procedures to
address licenses and physicians that are materially impacted by the termination of
a member state, or the withdrawal of a member state.

(f) The member state which has been terminated is responsible for all dues,
obligations, and liabilities incurred through the effective date of termination
including obligations, the performance of which extends beyond the effective date
of termination.

(g) The Interstate Commission shall not bear any costs relating to any state
that has been found to be in default or which has been terminated from the
Compact, unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.

(h) The defaulting state may appeal the action of the Interstate Commission
by petitioning the United States District Court for the District of Columbia or the
federal district where the Interstate Commission has its principal offices. The
prevailing party shall be awarded all costs of such litigation including reasonable
attorney fees.

SECTION 19. DISPUTE RESOLUTION

(a) The Interstate Commission shall attempt, upon the request of a member
state, to resolve disputes which are subject to the Compact and which may arise
among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing for both
mediation and binding dispute resolution as appropriate.

SECTION 20. MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

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

(b) The Compact shall become effective and binding upon legislative
enactment of the Compact into law by no less than seven (7) states. Thereafter, it
shall become effective and binding on a state upon enactment of the Compact into
law by that state.

(c) The governors of non-member states, or their designees, shall be invited
to participate in the activities of the Interstate Commission on a non-voting basis
prior to adoption of the Compact by all states.

(d) The Interstate Commission may propose amendments to the Compact for
enactment by the member states. No amendment shall be effective and binding
upon the Interstate Commission and the member states unless and until it is
enacted into law by unanimous consent of the member states.

SECTION 21. WITHDRAWAL

(a) Once effective, the Compact shall continue in force and remain binding
upon each and every member state; provided that a member state may withdraw
from the Compact by specifically repealing the statute which enacted the Compact
into law.

(b) Withdrawal from the Compact shall be by the enactment of a statute
repealing the same, but shall not take effect until one (1) year after the effective
date of such statute and until written notice of the withdrawal has been given by
the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the
Interstate Commission in writing upon the introduction of legislation repealing the
Compact in the withdrawing state.

(d) The Interstate Commission shall notify the other member states of the
withdrawing state's intent to withdraw within sixty (60) days of its receipt of notice
provided under subsection (c).

(e) The withdrawing state is responsible for all dues, obligations and
liabilities incurred through the effective date of withdrawal, including obligations,
the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon
the withdrawing state reenacting the Compact or upon such later date as
determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to address the
impact of the withdrawal of a member state on licenses granted in other member
states to physicians who designated the withdrawing member state as the state of
principal license.

SECTION 22. DISSOLUTION

(a) The Compact shall dissolve effective upon the date of the withdrawal or
default of the member state which reduces the membership in the Compact to one
(1) member state.

(b) Upon the dissolution of the Compact, the Compact becomes null and void
and shall be of no further force or effect, and the business and affairs of the
Interstate Commission shall be concluded and surplus funds shall be distributed in
accordance with the bylaws.

SECTION 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the Compact shall be severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining provisions of
the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed to effectuate
its purposes.

(c) Nothing in the Compact shall be construed to prohibit the applicability of
other interstate Compacts to which the states are members.

SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded
to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including all rules and
bylaws promulgated by the Commission, are binding upon the member states.

(d) All agreements between the Interstate Commission and the member
states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional
limits imposed on the legislature of any member state, such provision shall be
ineffective to the extent of the conflict with the constitutional provision in question
in that member state.

Legislative History

Source: L. 2016: Entire part added, (HB 16-1047), ch. 245, p. 994, � 1, effective June 8.