§ 25-22.5-16-18 — Default procedures

Indiana § 25-22.5-16-18

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 22.5: PHYSICIANS
• Ch. 16: Interstate Medical Licensure Compact

Text

(a) The grounds for default include but
are not limited to failure of a member state to perform the obligations
or responsibilities imposed upon it by the compact, or the rules and
bylaws of the interstate commission adopted 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 adopted rules, the interstate commission
shall do the following:
(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.
(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 that 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 that 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 the litigation, including reasonable attorney's fees.

Legislative History

As added by P.L.60-2022, SEC.2.