Stricken language would be deleted from and underlined language would be added to present law.
Act 269 of the Regular Session
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State of Arkansas As Engrossed: S3/3/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 119 3
4
By: Senator C. Penzo 5
By: Representative Pilkington 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE INTERSTATE MEDICAL LICENSURE 9
COMPACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE INTERSTATE MEDICAL 14
LICENSURE COMPACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 17, Chapter 95, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 12 — Interstate Medical Licensure Compact 21
22
17-95-1201. Text of compact. 23
The Interstate Medical Licensure Compact is enacted into law and 24
entered into by this state with all states legally joining therein and in the 25
form substantially as follows: 26
INTERSTATE MEDICAL LICENSURE COMPACT 27
28
SECTION 1. PURPOSE 29
In order to strengthen access to health care, and in recognition of the 30
advances in the delivery of health care, the member states of the Interstate 31
Medical Licensure Compact have allied in common purpose to develop a 32
comprehensive process that complements the existing licensing and regulatory 33
authority of state medical boards, provides a streamlined process that allows 34
physicians to become licensed in multiple states, thereby enhancing the 35
portability of a medical license and ensuring the safety of patients. The 36 As Engrossed: S3/3/25 SB119
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Compact creates another pathway for licensure and does not otherwise change a 1
state’s existing Medical Practice Act. The Compact also adopts the prevailing 2
standard for licensure and affirms that the practice of medicine occurs where 3
the patient is located at the time of the physician -patient encounter, and 4
therefore, requires the physician to be under the jurisdiction of the state 5
medical board where the patient is located. State medical boards that 6
participate in the Compact retain the jurisdiction to impose an adverse 7
action against a license to practice medicine in that state issued to a 8
physician through the procedures in the Compact. 9
10
SECTION 2. DEFINITIONS 11
In this compact: 12
(a) “Bylaws” means those bylaws established by the Interstate 13
Commission pursuant to Section 11. 14
(b) “Commissioner” means the voting representative appointed by each 15
member board pursuant to Section 11. 16
(c) “Conviction” means a finding by a court that an individual is 17
guilty of a criminal offense through adjudication, or entry of a plea of 18
guilt or no contest to the charge by the offender. Evidence of an entry of a 19
conviction of a criminal offense by the court shall be considered final for 20
purposes of disciplinary action by a member board. 21
(d) “Expedited License” means a full and unrestricted medical license 22
granted by a member state to an eligible physician through the process set 23
forth in the Compact. 24
(e) “Interstate Commission” means the interstate commission created 25
pursuant to Section 11. 26
(f) “License” means authorization by a member state for a physician to 27
engage in the practice of medicine, which would be unlawful without 28
authorization. 29
(g) “Medical Practice Act” means laws and regulations governing the 30
practice of allopathic and osteopathic medicine within a member state. 31
(h) “Member Board” means a state agency in a member state that acts in 32
the sovereign interests of the state by protecting the public through 33
licensure, regulation, and education of physicians as directed by the state 34
government. 35
(i) “Member State” means a state that has enacted the Compact. 36 As Engrossed: S3/3/25 SB119
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(j) “Practice of Medicine” means that clinical prevention, diagnosis, 1
or treatment of human disease, injury, or condition requiring a physician to 2
obtain and maintain a license in compliance with the Medical Practice Act of 3
a member state. 4
(k) “Physician” means any person who: 5
(1) Is a graduate of a medical school accredited by the Liaison 6
Committee on Medical Education, the Commission on Osteopathic College 7
Accreditation, or a medical school listed in the International Medical 8
Education Directory or its equivalent; 9
(2) Passed each component of the United State Medical Licensing 10
Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 11
Examination (COMLEX-USA) within three attempts, or any of its predecessor 12
examinations accepted by a state medical board as an equivalent examination 13
for licensure purposes; 14
(3) Successfully completed graduate medical education approved 15
by the Accreditation Council for Graduate Medical Education or the American 16
Osteopathic Association; 17
(4) Holds specialty certification or a time -unlimited specialty 18
certificate recognized by the American Board of Medical Specialties or the 19
American Osteopathic Association’s Bureau of Osteopathic Specialists; 20
(5) Possesses a full and unrestricted license to engage in the 21
practice of medicine issued by a member board; 22
(6) Has never been convicted, received adjudication, deferred 23
adjudication, community supervision, or deferred disposition for any offense 24
by a court of appropriate jurisdiction; 25
(7) Has never held a license authorizing the practice of 26
medicine subjected to discipline by a licensing agency in any state, federal, 27
or foreign jurisdiction, excluding any action related to non -payment of fees 28
related to a license; 29
(8) Has never had a controlled substance license or permit 30
suspended or revoked by a state or the United States Drug Enforcement 31
Administration; and 32
(9) Is not under active investigation by a licensing agency or 33
law enforcement authority in any state, federal, or foreign jurisdiction. 34
(l) “Offense” means a felony, gross misdemeanor, or crime of moral 35
turpitude. 36 As Engrossed: S3/3/25 SB119
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(m) “Rule” means a written statement by the Interstate Commission 1
promulgated pursuant to Section 12 of the Compact that is of general 2
applicability, implements, interprets, or prescribes a policy or provision of 3
the Compact, or an organizational, procedural, or practice requirement of the 4
Interstate Commission, and has the force and effect of statutory law in a 5
member state, and includes the amendment, repeal, or suspension of an 6
existing rule. 7
(n) “State” means any state, commonwealth, district, or territory of 8
the United States. 9
(o) “State of Principal License” means a member state where a 10
physician holds a license to practice medicine and which has been designated 11
as such by the physician for purposes of registration and participation in 12
the Compact. 13
14
SECTION 3. ELIGIBILITY 15
(a) A physician must meet the eligibility requirements as defined in 16
Section 2(k) to receive an expedited license under the terms and provisions 17
of the Compact. 18
(b) A physician who does not meet the requirements of Section 2(k) may 19
obtain a license to practice medicine in a member state if the individual 20
complies with all laws and requirements, other than the Compact, relating to 21
the issuance of a license to practice medicine in that state. 22
23
SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE 24
(a) A physician shall designate a member state as the state of 25
principal license for purposes of registration for expedited licensure 26
through the Compact if the physician possesses a full and unrestricted 27
license to practice medicine in that state, and the state is: 28
(1) The state of principal residence for the physician, or 29
(2) The state where at least 25% of the practice of medicine 30
occurs, or 31
(3) The location of the physician’s employer, or 32
(4) If no state qualifies under subsection (1), subsection (2), 33
or subsection (3), the state designated as state of residence for purpose of 34
federal income tax. 35
(b) A physician may redesignate a member state as state of principal 36 As Engrossed: S3/3/25 SB119
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license at any time, as long as the state meets the requirements of 1
subsection (a). 2
(c) The Interstate Commission is authorized to develop rules to 3
facilitate redesignation of another member state as the state of principal 4
license. 5
6
SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 7
(a) A physician seeking licensure through the Compact shall file an 8
application for an expedited license with the member board of the state 9
selected by the physician as the state of principal license. 10
(b) Upon receipt of an application for an expedited license, the 11
member board within the state selected as the state of principal license 12
shall evaluate whether the physician is eligible for expedited licensure and 13
issue a letter of qualification, verifying or denying the physician’s 14
eligibility, to the Interstate Commission. 15
(1) Static qualifications, which include verification of medical 16
education, graduate medical education, results of any medical or licensing 17
examination, and other qualifications as determined by the Interstate 18
Commission through rule, shall not be subject to additional primary source 19
verification where already primary source verified by the state of principal 20
license. 21
(2) The member board within the state selected as the state of 22
principal license shall, in the course of verifying eligibility, perform a 23
criminal background check of an applicant, including the use of the results 24
of fingerprint or other biometric data checks compliant with the requirements 25
of the Federal Bureau of Investigation, with the exception of federal 26
employees who have suitability determination in accordance with 5 C.F.R. § 27
731.202. 28
(3) Appeal on the determination of eligibility shall be made to 29
the member state where the application was filed and shall be subject to the 30
law of that state. 31
(c) Upon verification in subsection (b), physicians eligible for an 32
expedited license shall complete the registration process established by the 33
Interstate Commission to receive a license in a member state selected 34
pursuant to subsection (a), including the payment of any applicable fees. 35
(d) After receiving verification of eligibility under subsection (b) 36 As Engrossed: S3/3/25 SB119
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and any fees under subsection (c), a member board shall issue an expedited 1
license to the physician. This license shall authorize the physician to 2
practice medicine in the issuing state consistent with the Medical Practice 3
Act and all applicable laws and regulations of the issuing member board and 4
member state. 5
(e) An expedited license shall be valid for a period consistent with 6
the licensure period in the member state and in the same manner as required 7
for other physicians holding a full and unrestricted license within the 8
member state. 9
(f) An expedited license obtained through the Compact shall be 10
terminated if a physician fails to maintain a license in the state of 11
principal licensure for a non -disciplinary reason, without redesignation of a 12
new state of principal licensure. 13
(g) The Interstate Commission is authorized to develop rules regarding 14
the application process, including payment of any applicable fees, and the 15
issuance of an expedited license. 16
17
SECTION 6. FEES FOR EXPEDITED LICENSURE 18
(a) A member state issuing an expedited license authorizing the 19
practice of medicine in that state may impose a fee for a license issued or 20
renewed through the Compact. 21
(b) The Interstate Commission is authorized to develop rules regarding 22
fees for expedited licenses. 23
24
SECTION 7. RENEWAL AND CONTINUED PARTICIPATION 25
(a) A physician seeking to renew an expedited license granted in a 26
member state shall complete a renewal process with the Interstate Commission 27
if the physician: 28
(1) Maintains a full and unrestricted license in a state of 29
principal license; 30
(2) Has not been convicted, received adjudication, deferred 31
adjudication, community supervision, or deferred disposition for any offense 32
by a court of appropriate jurisdiction; 33
(3) Has not had a license authorizing the practice of medicine 34
subject to discipline by a licensing agency in any state, federal, or foreign 35
jurisdiction, excluding any action related to non -payment of fees related to 36 As Engrossed: S3/3/25 SB119
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a license; and 1
4) Has not had a controlled substance license or permit 2
suspended or revoked by a state or the United States Drug Enforcement 3
Administration. 4
(b) Physicians shall comply with all continuing professional 5
development or continuing medical education requirements for renewal of a 6
license issued by a member state. 7
(c) The Interstate Commission shall collect any renewal fees charged 8
for the renewal of a license and distribute the fees to the applicable member 9
board. 10
(d) Upon receipt of any renewal fees collected in subsection (c), a 11
member board shall renew the physician’s license. 12
(e) Physician information collected by the Interstate Commission 13
during the renewal process will be distributed to all member boards. 14
(f) The Interstate Commission is authorized to develop rules to 15
address renewal of licenses obtained through the Compact. 16
17
SECTION 8. COORDINATED INFORMATION SYSTEM 18
(a) The Interstate Commission shall establish a database of all 19
physicians licensed, or who have applied for licensure, under Section 5. 20
(b) Notwithstanding any other provision of law, member boards shall 21
report to the Interstate Commission any public action or complaints against a 22
licensed physician who has applied or received an expedited license through 23
the Compact. 24
(c) Member boards shall report disciplinary or investigatory 25
information determined as necessary and proper by rule of the Interstate 26
Commission. 27
(d) Member boards may report any non -public complaint, disciplinary, 28
or investigatory information not required by subsection (c) to the Interstate 29
Commission. 30
(e) Member boards shall share complaint or disciplinary information 31
about a physician upon request of another member board. 32
(f) All information provided to the Interstate Commission or 33
distributed by member boards shall be confidential, filed under seal, and 34
used only for investigatory or disciplinary matters. 35
(g) The Interstate Commission is authorized to develop rules for 36 As Engrossed: S3/3/25 SB119
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mandated or discretionary sharing of information by member boards. 1
2
SECTION 9. JOINT INVESTIGATIONS 3
(a) Licensure and disciplinary records of physicians are deemed 4
investigative. 5
(b) In addition to the authority granted to a member board by its 6
respective Medical Practice Act or other applicable state law, a member board 7
may participate with other member boards in joint investigations of 8
physicians licensed by the member boards. 9
(c) A subpoena issued by a member state shall be enforceable in other 10
member states. 11
(d) Member boards may share any investigative, litigation, or 12
compliance materials in furtherance of any joint or individual investigation 13
initiate under the Compact. 14
(e) Any member state may investigate actual or alleged violations of 15
the statutes authorizing the practice of medicine in any other member state 16
in which a physician holds a license to practice medicine. 17
18
SECTION 10. DISCIPLINARY ACTIONS 19
(a) Any disciplinary action taken by any member board against a 20
physician licensed through the Compact shall be deemed unprofessional conduct 21
which may be subject to discipline by other member boards, in addition to any 22
violation of the Medical Practice Act or regulations in that state. 23
(b) If a license granted to a physician by the member board in the 24
state of principal license is revoked, surrendered or relinquished in lieu of 25
discipline, or suspended, then all licenses issued to the physician by member 26
boards shall automatically be placed, without further action necessary by any 27
member board, on the same status. If the member board in the state of 28
principal license subsequently reinstates the physician’s license, a license 29
issued to the physician by any other member board shall remain encumbered 30
until that respective member board takes action to reinstate the license in a 31
manner consistent with the Medical Practice Act of that state. 32
(c) If disciplinary action is taken against a physician by a member 33
board not in the state of principal license, any other member board may deem 34
the action conclusive as to matter of law and fact decided, and: 35
(1) Impose the same or lesser sanction(s) against the physician 36 As Engrossed: S3/3/25 SB119
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so long as such sanctions are consistent with the Medical Practice Act of 1
that state; or 2
(2) Pursue separate disciplinary action against the physician 3
under its respective Medical Practice Act, regardless of the action taken in 4
other member states. 5
(d) If a license granted to a physician by a member board is revoked, 6
surrendered or relinquished in lieu of discipline, or suspended, then any 7
license(s) issued to the physician by any other member board(s) shall be 8
suspended, automatically and immediately without further action necessary by 9
the other member board(s), for ninety (90) days upon entry of the order by 10
the disciplining board, to permit the member board(s) to investigate the 11
basis for the action under the Medical Practice Act of that state. A member 12
board may terminate the automatic suspension of the license it issued prior 13
to the completion of the ninety (90) day suspension period in a manner 14
consistent with the Medical Practice Act of that state. 15
16
SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION 17
(a) The member states hereby create the “Interstate Medical Licensure 18
Compact Commission”. 19
(b) The purpose of the Interstate Commission is the administration of 20
the Interstate Medical Licensure Compact, which is a discretionary state 21
function. 22
(c) The Interstate Commission shall be a body corporate and joint 23
agency of the member states and shall have all the responsibilities, powers, 24
and duties set forth in the Compact, and such additional powers as may be 25
conferred upon it by a subsequent concurrent action of the respective 26
legislatures of the member states in accordance with the terms of the 27
Compact. 28
(d) The Interstate Commission shall consist of two voting 29
representatives appointed by each member state who shall serve as 30
Commissioners. In states where allopathic and osteopathic physicians are 31
regulated by separate member boards, or if the licensing and disciplinary 32
authority is split between separate member boards, or if the licensing and 33
disciplinary authority is split between multiple member boards within a 34
member state, the member state shall appoint one representative from each 35
member board. A Commissioner shall be a(n): 36 As Engrossed: S3/3/25 SB119
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(1) Allopathic or osteopathic physician appointed to a member 1
board; 2
(2) Executive director, executive secretary, or similar 3
executive of a member board; or 4
(3) Member of the public appointed to a member board. 5
(e) The Interstate Commission shall meet at least once each calendar 6
year. A portion of this meeting shall be a business meeting to address such 7
matters as may properly come before the Commission, including the election of 8
officers. The chairperson may call additional meetings and shall call for a 9
meeting upon the request of a majority of the member states. 10
(f) The bylaws may provide for meetings of the Interstate Commission 11
to be conducted by telecommunication or electronic communication. 12
(g) Each Commissioner participating at a meeting of the Interstate 13
Commission is entitled to one vote. A majority of Commissioners shall 14
constitute a quorum for the transaction of business, unless a larger quorum 15
is required by the bylaws of the Interstate Commission. A Commissioner shall 16
not delegate a vote to another Commissioner. In the absence of its 17
Commissioner, a member state may delegate voting authority for a specified 18
meeting to another person from that state who shall meet the requirements of 19
subsection (d). 20
(h) The Interstate Commission shall provide public notice of all 21
meetings and all meetings shall be open to the public. The Interstate 22
Commission may close a meeting, in full or in portion, where it determines by 23
a two-thirds vote of the Commissioners present that an open meeting would be 24
likely to: 25
(1) Relate solely to the internal personnel practice and 26
procedures of the Interstate Commission; 27
(2) Discuss matters specifically exempted from disclosure by 28
federal statute; 29
(3) Discuss trade secrets, commercial, or financial information 30
that is privileged or confidential; 31
(4) Involve accusing a person of a crime, or formally censuring 32
a person; 33
(5) Discuss information of a personal nature where disclosure 34
would constitute a clearly unwarranted invasion of personal privacy; 35
(6) Discuss investigative records compiled for law enforcement 36 As Engrossed: S3/3/25 SB119
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purposes; or 1
(7) Specifically relate to the participation in a civil action 2
or other legal proceeding. 3
(i) The Interstate Commission shall keep minutes which shall fully 4
describe all matters discussed in a meeting and shall provide a full and 5
accurate summary of actions taken, including record of any roll call votes. 6
(j) The Interstate Commission shall make its information and official 7
records, to the extent not otherwise designated in the Compact or by its 8
rules, available to the public for inspection. 9
(k) The Interstate Commission shall establish an executive committee, 10
which shall include officers, members, and others as determined by the 11
bylaws. The executive committee shall have the power to act on behalf of the 12
Interstate Commission, with the exception of rulemaking, during periods when 13
the Interstate Commission is not in session. When acting on behalf of the 14
Interstate Commission, the executive committee shall oversee the 15
administration of the Compact including enforcement and compliance with the 16
provisions of the Compact, its bylaws and rules, and other such duties as 17
necessary. 18
(l) The Interstate Commission shall establish other committees for 19
governance and administration of the Compact. 20
21
SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION 22
(a) Oversee and maintain the administration of the Compact; 23
(b) Promulgate rules which shall be binding to the extent and in the 24
manner provided for in the Compact; 25
(c) Issue, upon the request of a member state or member board, 26
advisory opinions concerning the meaning or interpretation of the Compact, 27
its bylaws, rules, and actions; 28
(d) Enforce compliance with Compact provisions, the rules promulgated 29
by the Interstate Commission, and the bylaws, using all necessary and proper 30
means, including but not limited to the use of judicial process; 31
(e) Establish and appoint committees including, but not limited to, an 32
executive committee as required by Section 11, which shall have the power to 33
act on behalf of the Interstate Commission in carrying out its powers and 34
duties; 35
(f) Pay, or provide for the payment of the expenses related to the 36 As Engrossed: S3/3/25 SB119
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establishment, organization, and ongoing activities of the Interstate 1
Commission; 2
(g) Establish and maintain one or more offices; 3
(h) Borrow, accept, hire, or contract for services of personnel; 4
(i) Purchase and maintain insurance and bonds; 5
(j) Employ an executive director who shall have such powers to employ, 6
select or appoint employees, agents, or consultants, and to determine their 7
qualifications, define their duties, and fix their compensation; 8
(k) Establish personnel policies and programs relating to conflicts of 9
interest, rates of compensation, and qualifications of personnel; 10
(l) Accept donations and grants of money, equipment, supplies, 11
materials, and services and to receive, utilize, and dispose of it in a 12
manner consistent with the conflict of interest policies established by the 13
Interstate Commission; 14
(m) Lease, purchase, accept contributions or donations of, or 15
otherwise to own, hold, improve or use, any property, real, personal, or 16
mixed; 17
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 18
otherwise dispose of any property, real, personal, or mixed; 19
(o) Establish a budget and make expenditures; 20
(p) Adopt a seal and bylaws governing the management and operation of 21
the Interstate Commission; 22
(q) Report annually to the legislatures and governors of the member 23
states concerning the activities of the Interstate Commission during the 24
preceding year. Such reports shall also include reports of financial audits 25
and any recommendations that may have been adopted by the Interstate 26
Commission; 27
(r) Coordinate education, training, and public awareness regarding the 28
Compact, its implementation, and its operation; 29
(s) Maintain records in accordance with the bylaws; 30
(t) Seek and obtain trademarks, copyrights, and patents; and 31
(u) Perform such functions as may be necessary or appropriate to 32
achieve the purpose of the Compact. 33
34
SECTION 13. FINANCE POWERS 35
(a) The Interstate Commission may levy on and collect an annual 36 As Engrossed: S3/3/25 SB119
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assessment from each member state to cover the cost of the operations and 1
activities of the Interstate Commission and its staff. The total assessment 2
must be sufficient to cover the annual budget approved each year for which 3
revenue is not provided by other sources. The aggregate annual assessment 4
amount shall be allocated upon a formula to be determined by the Interstate 5
Commission, which shall promulgate a rule binding upon all member states. 6
(b) The Interstate Commission shall not incur obligations of any kind 7
prior to securing the funds adequate to meet the same. 8
(c) The Interstate Commission shall not pledge the credit of any of 9
the member states, except by, and with the authority of, the member state. 10
(d) The Interstate Commission shall be subject to a yearly financial 11
audit conducted by a certified or licensed accountant and the report of the 12
audit shall be included in the annual report of the Interstate Commission. 13
14
SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 15
(a) The Interstate Commission shall, by a majority of Commissioners 16
present and voting, adopt bylaws to govern its conduct as may be necessary or 17
appropriate to carry out the purposes of the Compact within twelve (12) 18
months of the first Interstate Commission meeting. 19
(b) The Interstate Commission shall elect or appoint annually from 20
among its Commissioners a chairperson, a vice -chairperson, and a treasurer, 21
each of whom shall have such authority and duties as may be specified in the 22
bylaws. The chairperson, or in the chairperson’s absence or disability, the 23
vice-chairperson, shall preside at all meetings of the Interstate Commission. 24
(c) Officers selected in subsection (b) shall serve without 25
remuneration for the Interstate Commission. 26
(d) The officers and employees of the Interstate Commission shall be 27
immune from suit and liability, either personally or in their official 28
capacity, for a claim for damage to or loss of property or personal injury or 29
other civil liability caused or arising out of, or relating to, an actual or 30
alleged act, error, or omission that occurred, or that such person had a 31
reasonable basis for believing occurred, within the scope of Interstate 32
Commission employment, duties, or responsibilities; provided that such person 33
shall not be protected from suit or liability for damage, loss, injury, or 34
liability caused by the intentional or willful and wanton misconduct of such 35
person. 36 As Engrossed: S3/3/25 SB119
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(e) The liability of the executive director and employees of the 1
Interstate Commission or representatives of the Interstate Commission, acting 2
within the scope of such person’s employment or duties for acts, errors, or 3
omissions occurring within such person’s state, may not exceed the limits of 4
liability set forth under the constitution and laws of that state for state 5
officials, employees, and agents. The Interstate Commission is considered to 6
be an instrumentality of the states for the purpose of any such action. 7
Nothing in this subsection shall be construed to protect such person from 8
suit or liability for damage, loss, injury, or liability caused by the 9
intentional or willful and wanton misconduct of such person. 10
(f) The Interstate Commission shall defend the executive director, its 11
employees, and subject to the approval of the attorney general or other 12
appropriate legal counsel of the member state represented by an Interstate 13
Commission representative, shall defend such Interstate Commission 14
representative in any civil action seeking to impose liability arising out of 15
an actual or alleged act, error or omission that occurred within the scope of 16
Interstate Commission employment, duties or responsibilities, or that the 17
defendant had a reasonable basis for believing occurred within the scope of 18
Interstate Commission employment, duties, or responsibilities, provided that 19
the actual or alleged act, error, or omission did not result from intentional 20
or willful and wanton misconduct on the part of such person. 21
(g) To the extent not covered by the state involved, member state, or 22
the Interstate Commission, the representatives or employees of the Interstate 23
Commission shall be held harmless in the amount of a settlement or judgement, 24
including attorney’s fees and costs, obtained against such persons arising 25
out of an actual or alleged act, error, or omission that occurred within the 26
scope of the Interstate Commission employment, duties, or responsibilities, 27
or that such persons had a reasonable basis for believing occurred within the 28
scope of Interstate Commission employment, duties, or responsibilities, 29
provided that the actual or alleged act, error, or omission did not result 30
from intentional or willful and wanton misconduct on the part of such person. 31
32
SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 33
(a) The Interstate Commission shall promulgate reasonable rules in 34
order to effectively and efficiently achieve the purpose of the Compact. 35
Notwithstanding the foregoing, in the event the Interstate Commission 36 As Engrossed: S3/3/25 SB119
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exercises its rulemaking authority in a manner that is beyond the scope of 1
the purposes of the Compact, or the powers granted hereunder, then such an 2
action by the Interstate Commission shall be invalid and have no force or 3
effect. 4
(b) Rules deemed appropriate for the operations of the Interstate 5
Commission shall be made pursuant to a rulemaking process that substantially 6
conforms to the “Model State Administrative Procedure Act” of 2010, and 7
subsequent amendments thereto. 8
(c) Not later than thirty (30) days after a rule is promulgated, any 9
person may file a petition for judicial review of the rule in the United 10
States District Court for the District of Columbia or the federal district 11
where the Interstate Commission has its principal offices, provided that the 12
filing of such a petition shall not stay or otherwise prevent the rule from 13
becoming effective unless the court finds that the petitioner has a 14
substantial likelihood of success. The court shall give deference to the 15
actions of the Interstate Commission consistent with applicable law and shall 16
not find the rule to be unlawful if the rule represents a reasonable exercise 17
of the authority granted to the Interstate Commission. 18
19
SECTION 16. OVERSIGHT OF INTERSTATE COMPACT 20
(a) The executive, legislative, and judicial branches of state 21
government in each member state shall enforce the Compact and shall take all 22
actions necessary and appropriate to effectuate the Compact’s purposes and 23
intent. The provisions of the Compact and the rules promulgated hereunder 24
shall have standing as statutory law but shall not override existing state 25
authority to regulate the practice of medicine. 26
(b) All courts shall take judicial notice of the Compact and the rules 27
in any judicial or administrative proceeding in a member state pertaining to 28
the subject matter of the Compact which may affect the powers, 29
responsibilities or actions of the Interstate Commission. 30
(c) The Interstate Commission shall be entitled to receive all 31
services of process in any such proceeding, and shall have standing to 32
intervene in the proceeding for all purposes. Failure to provide service of 33
process to the Interstate Commission shall render a judgment or order void as 34
to the Interstate Commission, the Compact, or promulgated rules. 35
36 As Engrossed: S3/3/25 SB119
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SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT 1
(a) The Interstate Commission, in the reasonable exercise of its 2
discretion, shall enforce the provisions and rules of the Compact. 3
(b) The Interstate Commission may, by majority vote of the 4
Commissioners, initiate legal action in the United States District Court for 5
the District of Columbia, or, at the discretion of the Interstate Commission, 6
in the federal district where the Interstate Commission has its principal 7
offices, to enforce compliance with the provisions of the Compact, and its 8
promulgated rules and bylaws, against a member state in default. The relief 9
sought may including both injunctive relief and damages. In the event 10
judicial enforcement is necessary, the prevailing party shall be awarded all 11
costs of such litigation including reasonable attorney’s fees. 12
(c) The remedies herein shall not be the exclusive remedies of the 13
Interstate Commission. The Interstate Commission may avail itself of any 14
other remedies available under state law or regulation of a profession. 15
16
SECTION 18. DEFAULT PROCEDURES 17
(a) The grounds for default include, but are not limited to, failure 18
of a member state to perform such obligations or responsibilities imposed 19
upon it by the Compact, or the rules and bylaws of the Interstate Commission 20
promulgated under the Compact. 21
(b) If the Interstate Commission determines that a member state has 22
defaulted in the performance of its obligations or responsibilities under the 23
Compact, or the bylaws or promulgated rules, the Interstate Commission shall: 24
(1) Provide written notice to the defaulting state and other 25
member states, of the nature of the default, the means of curing the default, 26
and any action taken by the Interstate Commission. The Interstate Commission 27
shall specify the conditions by which the defaulting state must cure its 28
default; and 29
(2) Provide remedial training and specific technical assistance 30
regarding the default. 31
(c) If the defaulting state fails to cure the default, the defaulting 32
state shall be terminated from the Compact upon an affirmative vote of a 33
majority of the Commissioners and all rights, privileges, and benefits 34
conferred by the Compact shall terminate on the effective date of 35
termination. A cure of the default does not relieve the offending state of 36 As Engrossed: S3/3/25 SB119
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obligations or liabilities incurred during the period of the default. 1
(d) Termination of membership in the Compact shall be imposed only 2
after all other means of securing compliance have been exhausted. Notice of 3
intent to terminate shall be given by the Interstate Commission to the 4
governor, the majority and minority leaders of the defaulting state’s 5
legislature, and each of the member states. 6
(e) The Interstate Commission shall establish rules and procedures to 7
address licenses and physicians that are materially impacted by the 8
termination of a member state, or the withdrawal of a member state. 9
(f) The member state which has been terminated is responsible for all 10
dues, obligations, and liabilities incurred through the effective date of 11
termination including obligations, the performance of which extends beyond 12
the effective date of termination. 13
(g) The Interstate Commission shall not bear any costs relating to any 14
state that has been found to be in default or which has been terminated from 15
the Compact, unless otherwise mutually agreed upon in writing between the 16
Interstate Commission and the defaulting state. 17
(h) The defaulting state may appeal the action of the Interstate 18
Commission by petitioning the United States District Court for the District 19
of Columbia or the federal district where the Interstate Commission has its 20
principal offices. The prevailing party shall be awarded all costs of such 21
litigation including reasonable attorney’s fees. 22
23
SECTION 19. DISPUTE RESOLUTION 24
(a) The Interstate Commission shall attempt, upon the request of a 25
member state, to resolve disputes which are subject to the Compact and which 26
may arise among member states or member boards. 27
(b) The Interstate Commission shall promulgate rules providing for 28
both mediation and binding dispute resolution as appropriate. 29
30
SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 31
(a) Any state is eligible to become a member of the Compact. 32
(b) The Compact shall become effective and binding upon legislative 33
enactment of the Compact into law by no less than seven (7) states. 34
Thereafter, it shall become effective and binding on a state upon enactment 35
of the Compact into law by that state. 36 As Engrossed: S3/3/25 SB119
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(c) The governors of non -member states, or their designees, shall be 1
invited to participate in the activities of the Interstate Commission on a 2
non-voting basis prior to adoption of the Compact by all states. 3
(d) The Interstate Commission may propose amendments to the Compact 4
for enactment by the member states. No amendment shall become effective and 5
binding upon the Interstate Commission and the member states unless and until 6
it is enacted into law by unanimous consent of the member states. 7
8
SECTION 21. WITHDRAWAL 9
(a) Once effective, the Compact shall continue in force and remain 10
binding upon each and every member state; provided that a member state may 11
withdraw from the Compact by specifically repealing the statute which enacted 12
the Compact into law. 13
(b) Withdrawal from the Compact shall be by the enactment of a statute 14
repealing the same, but shall not take effect until one (1) year after the 15
effective date of such statute and until written notice of the withdrawal has 16
been given by the withdrawing state to the governor of each other member 17
state. 18
(c) The withdrawing state shall immediately notify the chairperson of 19
the Interstate Commission in writing upon the introduction of legislation 20
repealing the Compact in the withdrawing state. 21
(d) The Interstate Commission shall notify the other member states of 22
the withdrawing state’s intent to withdraw within sixty (60) days of its 23
receipt of notice provided under subsection (c). 24
(e) The withdrawing state is responsible for all dues, obligations and 25
liabilities incurred through the effective date of withdrawal, including 26
obligations, the performance of which extend beyond the effective date of 27
withdrawal. 28
(f) Reinstatement following withdrawal of a member state shall occur 29
upon the withdrawing date reenacting the Compact or upon such later date as 30
determined by the Interstate Commission. 31
(g) The Interstate Commission is authorized to develop rules to 32
address the impact of the withdrawal of a member state on licenses granted in 33
other member states to physicians who designated the withdrawing member state 34
as the state of principal license. 35
36 As Engrossed: S3/3/25 SB119
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SECTION 22. DISSOLUTION 1
(a) The Compact shall dissolve effective upon the date of the 2
withdrawal or default of the member state which reduces the membership of the 3
Compact to one (1) member state. 4
(b) Upon the dissolution of the Compact, the Compact becomes null and 5
void and shall be of no further force or effect, and the business and affairs 6
of the Interstate Commission shall be concluded, and surplus funds shall be 7
distributed in accordance with the bylaws. 8
9
SECTION 23. SEVERABILITY AND CONSTRUCTION 10
(a) The provisions of the Compact shall be severable, and if any 11
phrase, clause, sentence, or provision is deemed unenforceable, the remaining 12
provisions of the Compact shall be enforceable. 13
(b) The provisions of the Compact shall be liberally construed to 14
effectuate its purposes. 15
(c) Nothing in the Compact shall be construed to prohibit the 16
applicability of other interstate compacts to which the member states are 17
members. 18
19
SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS 20
(a) Nothing herein prevents the enforcement of any other law of a 21
member state that is not inconsistent with the Compact. 22
(b) All laws in a member state in conflict with the Compact are 23
superseded to the extent of the conflict. 24
(c) All lawful actions of the Interstate Commission, including all 25
rules and bylaws promulgated by the Commission, are binding upon the member 26
states. 27
(d) All agreements between the Interstate Commission and the member 28
states are binding in accordance with their terms. 29
(e) In the event any provision of the Compact exceeds the 30
constitutional limits imposed on the legislature of any member state, such 31
provision shall be ineffective to the extent of the conflict with the 32
constitutional provision in question in that member state. 33
34
17-95-1202. Administration of compact — Rules. 35
(a) The Arkansas State Medical Board is the Interstate Medical 36 As Engrossed: S3/3/25 SB119
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Licensure Compact administrator for this state. 1
(b)(1) The board shall promulgate rules necessary to implement this 2
subchapter. 3
(2) Rules promulgated by the board under subdivision (b)(1) of 4
this section shall be consistent with the Interstate Medical Licensure 5
Compact necessary to implement this subchapter. 6
(c) The board is not required to adopt the rules of the Interstate 7
Medical Licensure Compact Commission for those rules to be effective in this 8
state. 9
10
SECTION 2. Arkansas Code § 17 -95-107(c)(1), concerning credentialing 11
information submitted to the Arkansas State Medical Board by board -licensed 12
physicians, is amended to read as follows: 13
(c)(1)(A)(i) All physicians licensed by the board shall submit such 14
credentialing information as the board may request so that the board may 15
verify the information by the primary source verification procedure in order 16
to make the information available to credentialing organizations. 17
(ii) If the physician should fail to submit the 18
information as the board requests within a period of thirty (30) days, the 19
failure can result in the suspension of the physician's license to practice 20
medicine in the State of Arkansas after the matter is presented to the full 21
board for a hearing pursuant to the Arkansas Administrative Procedure Act, § 22
25-15-201 et seq. 23
(B) Upon entering the Interstate Medical Licensure 24
Compact, the board shall verify credentials either through: 25
(i)(a) The Federal Credentials Verification Service. 26
(b) As used in subdivision (c)(1)(B)(i) of 27
this section, "Federal Credentials Verification Service" means a system that 28
is used by the Federation of State Medical Boards to streamline licensure 29
across states; or 30
(ii) The state credentials verification service that 31
has been modified to align with the compact. 32
33
SECTION 3. Arkansas Code § 17 -95-306, concerning criminal background 34
checks for a license or renewal of a license issued by the Arkansas State 35
Medical Board, is amended to add an additional subsection to read as follows: 36 As Engrossed: S3/3/25 SB119
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(d) Upon entering the Interstate Medical Licensure Compact, the board 1
shall require that every applicant for a compact licensure shall provide 2
written authorization to the board to allow the Division of Arkansas State 3
Police to release the results of a state and federal criminal history 4
background check report to the board as provided in this section. 5
6
SECTION 4. DO NOT CODIFY. Initial rules. 7
(a) The Arkansas State Medical Board shall promulgate rules necessary 8
to implement this act. 9
(b) When adopting the initial rules to implement this act, the final 10
rules shall be filed with the Secretary of State for adoption under § 25 -15-11
204(f): 12
(1) On or before January 1, 2026; or 13
(2) If approval under § 10 -3-309 has not occurred by January 1, 14
2026, as soon as practicable after approval under § 10 -3-309. 15
(c) The board shall file the proposed rule with the Legislative 16
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 17
that the Legislative Council may consider the rule for approval before 18
January 1, 2026. 19
20
/s/C. Penzo 21
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APPROVED: 3/12/25 24
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