Arkansas 2025 Regular Session

Arkansas Senate Bill SB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 269 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: S3/3/25 1
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	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 119 3
8	6		4
9	7		By: Senator C. Penzo 5
10		-	~~By: Representative Pilkington~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO ESTABLISH THE INTERSTATE MEDICAL LICENSURE 9
14	12		COMPACT; AND FOR OTHER PURPOSES. 10
15	13		11
16	14		12
17	15		Subtitle 13
18	16		TO ESTABLISH THE INTERSTATE MEDICAL 14
19	17		LICENSURE COMPACT. 15
20	18		16
21	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
22	20		18
23	21		SECTION 1. Arkansas Code Title 17, Chapter 95, is amended to add an 19
24	22		additional subchapter to read as follows: 20
25	23		Subchapter 12 — Interstate Medical Licensure Compact 21
26	24		22
27	25		17-95-1201. Text of compact. 23
28	26		The Interstate Medical Licensure Compact is enacted into law and 24
29	27		entered into by this state with all states legally joining therein and in the 25
30	28		form substantially as follows: 26
31	29		INTERSTATE MEDICAL LICENSURE COMPACT 27
32	30		28
33	31		SECTION 1. PURPOSE 29
34	32		In order to strengthen access to health care, and in recognition of the 30
35	33		advances in the delivery of health care, the member states of the Interstate 31
36	34		Medical Licensure Compact have allied in common purpose to develop a 32
37	35		comprehensive process that complements the existing licensing and regulatory 33
38	36		authority of state medical boards, provides a streamlined process that allows 34
39	37		physicians to become licensed in multiple states, thereby enhancing the 35
40		-	portability of a medical license and ensuring the safety of patients. The 36 ~~As Engrossed: S3/3/25~~ SB119
	38	+	portability of a medical license and ensuring the safety of patients. The 36 SB119
41	39
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45	41		Compact creates another pathway for licensure and does not otherwise change a 1
46	42		state’s existing Medical Practice Act. The Compact also adopts the prevailing 2
47	43		standard for licensure and affirms that the practice of medicine occurs where 3
48	44		the patient is located at the time of the physician -patient encounter, and 4
49	45		therefore, requires the physician to be under the jurisdiction of the state 5
50	46		medical board where the patient is located. State medical boards that 6
51	47		participate in the Compact retain the jurisdiction to impose an adverse 7
52	48		action against a license to practice medicine in that state issued to a 8
53	49		physician through the procedures in the Compact. 9
54	50		10
55	51		SECTION 2. DEFINITIONS 11
56	52		In this compact: 12
57	53		(a) “Bylaws” means those bylaws established by the Interstate 13
58	54		Commission pursuant to Section 11. 14
59	55		(b) “Commissioner” means the voting representative appointed by each 15
60	56		member board pursuant to Section 11. 16
61	57		(c) “Conviction” means a finding by a court that an individual is 17
62	58		guilty of a criminal offense through adjudication, or entry of a plea of 18
63	59		guilt or no contest to the charge by the offender. Evidence of an entry of a 19
64	60		conviction of a criminal offense by the court shall be considered final for 20
65	61		purposes of disciplinary action by a member board. 21
66	62		(d) “Expedited License” means a full and unrestricted medical license 22
67	63		granted by a member state to an eligible physician through the process set 23
68	64		forth in the Compact. 24
69	65		(e) “Interstate Commission” means the interstate commission created 25
70	66		pursuant to Section 11. 26
71	67		(f) “License” means authorization by a member state for a physician to 27
72	68		engage in the practice of medicine, which would be unlawful without 28
73	69		authorization. 29
74	70		(g) “Medical Practice Act” means laws and regulations governing the 30
75	71		practice of allopathic and osteopathic medicine within a member state. 31
76	72		(h) “Member Board” means a state agency in a member state that acts in 32
77	73		the sovereign interests of the state by protecting the public through 33
78	74		licensure, regulation, and education of physicians as directed by the state 34
79	75		government. 35
80		-	(i) “Member State” means a state that has enacted the Compact. 36 ~~As Engrossed: S3/3/25~~ SB119
	76	+	(i) “Member State” means a state that has enacted the Compact. 36 SB119
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85	79		(j) “Practice of Medicine” means that clinical prevention, diagnosis, 1
86	80		or treatment of human disease, injury, or condition requiring a physician to 2
87	81		obtain and maintain a license in compliance with the Medical Practice Act of 3
88	82		a member state. 4
89	83		(k) “Physician” means any person who: 5
90	84		(1) Is a graduate of a medical school accredited by the Liaison 6
91	85		Committee on Medical Education, the Commission on Osteopathic College 7
92	86		Accreditation, or a medical school listed in the International Medical 8
93	87		Education Directory or its equivalent; 9
94	88		(2) Passed each component of the United State Medical Licensing 10
95	89		Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing 11
96	90		Examination (COMLEX-USA) within three attempts, or any of its predecessor 12
97	91		examinations accepted by a state medical board as an equivalent examination 13
98	92		for licensure purposes; 14
99	93		(3) Successfully completed graduate medical education approved 15
100	94		by the Accreditation Council for Graduate Medical Education or the American 16
101	95		Osteopathic Association; 17
102	96		(4) Holds specialty certification or a time -unlimited specialty 18
103	97		certificate recognized by the American Board of Medical Specialties or the 19
104	98		American Osteopathic Association’s Bureau of Osteopathic Specialists; 20
105	99		(5) Possesses a full and unrestricted license to engage in the 21
106	100		practice of medicine issued by a member board; 22
107	101		(6) Has never been convicted, received adjudication, deferred 23
108	102		adjudication, community supervision, or deferred disposition for any offense 24
109	103		by a court of appropriate jurisdiction; 25
110	104		(7) Has never held a license authorizing the practice of 26
111	105		medicine subjected to discipline by a licensing agency in any state, federal, 27
112	106		or foreign jurisdiction, excluding any action related to non -payment of fees 28
113	107		related to a license; 29
114	108		(8) Has never had a controlled substance license or permit 30
115	109		suspended or revoked by a state or the United States Drug Enforcement 31
116	110		Administration; and 32
117	111		(9) Is not under active investigation by a licensing agency or 33
118	112		law enforcement authority in any state, federal, or foreign jurisdiction. 34
119	113		(l) “Offense” means a felony, gross misdemeanor, or crime of moral 35
120		-	turpitude. 36 ~~As Engrossed: S3/3/25~~ SB119
	114	+	turpitude. 36 SB119
121	115
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125	117		(m) “Rule” means a written statement by the Interstate Commission 1
126	118		promulgated pursuant to Section 12 of the Compact that is of general 2
127	119		applicability, implements, interprets, or prescribes a policy or provision of 3
128	120		the Compact, or an organizational, procedural, or practice requirement of the 4
129	121		Interstate Commission, and has the force and effect of statutory law in a 5
130	122		member state, and includes the amendment, repeal, or suspension of an 6
131	123		existing rule. 7
132	124		(n) “State” means any state, commonwealth, district, or territory of 8
133	125		the United States. 9
134	126		(o) “State of Principal License” means a member state where a 10
135	127		physician holds a license to practice medicine and which has been designated 11
136	128		as such by the physician for purposes of registration and participation in 12
137	129		the Compact. 13
138	130		14
139	131		SECTION 3. ELIGIBILITY 15
140	132		(a) A physician must meet the eligibility requirements as defined in 16
141	133		Section 2(k) to receive an expedited license under the terms and provisions 17
142	134		of the Compact. 18
143	135		(b) A physician who does not meet the requirements of Section 2(k) may 19
144	136		obtain a license to practice medicine in a member state if the individual 20
145	137		complies with all laws and requirements, other than the Compact, relating to 21
146	138		the issuance of a license to practice medicine in that state. 22
147	139		23
148	140		SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE 24
149	141		(a) A physician shall designate a member state as the state of 25
150	142		principal license for purposes of registration for expedited licensure 26
151	143		through the Compact if the physician possesses a full and unrestricted 27
152	144		license to practice medicine in that state, and the state is: 28
153	145		(1) The state of principal residence for the physician, or 29
154	146		(2) The state where at least 25% of the practice of medicine 30
155	147		occurs, or 31
156	148		(3) The location of the physician’s employer, or 32
157	149		(4) If no state qualifies under subsection (1), subsection (2), 33
158	150		or subsection (3), the state designated as state of residence for purpose of 34
159	151		federal income tax. 35
160		-	(b) A physician may redesignate a member state as state of principal 36 ~~As Engrossed: S3/3/25~~ SB119
	152	+	(b) A physician may redesignate a member state as state of principal 36 SB119
161	153
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165	155		license at any time, as long as the state meets the requirements of 1
166	156		subsection (a). 2
167	157		(c) The Interstate Commission is authorized to develop rules to 3
168	158		facilitate redesignation of another member state as the state of principal 4
169	159		license. 5
170	160		6
171	161		SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 7
172	162		(a) A physician seeking licensure through the Compact shall file an 8
173	163		application for an expedited license with the member board of the state 9
174	164		selected by the physician as the state of principal license. 10
175	165		(b) Upon receipt of an application for an expedited license, the 11
176	166		member board within the state selected as the state of principal license 12
177	167		shall evaluate whether the physician is eligible for expedited licensure and 13
178	168		issue a letter of qualification, verifying or denying the physician’s 14
179	169		eligibility, to the Interstate Commission. 15
180	170		(1) Static qualifications, which include verification of medical 16
181	171		education, graduate medical education, results of any medical or licensing 17
182	172		examination, and other qualifications as determined by the Interstate 18
183	173		Commission through rule, shall not be subject to additional primary source 19
184	174		verification where already primary source verified by the state of principal 20
185	175		license. 21
186	176		(2) The member board within the state selected as the state of 22
187	177		principal license shall, in the course of verifying eligibility, perform a 23
188	178		criminal background check of an applicant, including the use of the results 24
189	179		of fingerprint or other biometric data checks compliant with the requirements 25
190	180		of the Federal Bureau of Investigation, with the exception of federal 26
191	181		employees who have suitability determination in accordance with 5 C.F.R. § 27
192	182		731.202. 28
193	183		(3) Appeal on the determination of eligibility shall be made to 29
194	184		the member state where the application was filed and shall be subject to the 30
195	185		law of that state. 31
196	186		(c) Upon verification in subsection (b), physicians eligible for an 32
197	187		expedited license shall complete the registration process established by the 33
198	188		Interstate Commission to receive a license in a member state selected 34
199	189		pursuant to subsection (a), including the payment of any applicable fees. 35
200		-	(d) After receiving verification of eligibility under subsection (b) 36 ~~As Engrossed: S3/3/25~~ SB119
	190	+	(d) After receiving verification of eligibility under subsection (b) 36 SB119
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205	193		and any fees under subsection (c), a member board shall issue an expedited 1
206	194		license to the physician. This license shall authorize the physician to 2
207	195		practice medicine in the issuing state consistent with the Medical Practice 3
208	196		Act and all applicable laws and regulations of the issuing member board and 4
209	197		member state. 5
210	198		(e) An expedited license shall be valid for a period consistent with 6
211	199		the licensure period in the member state and in the same manner as required 7
212	200		for other physicians holding a full and unrestricted license within the 8
213	201		member state. 9
214	202		(f) An expedited license obtained through the Compact shall be 10
215	203		terminated if a physician fails to maintain a license in the state of 11
216	204		principal licensure for a non -disciplinary reason, without redesignation of a 12
217	205		new state of principal licensure. 13
218	206		(g) The Interstate Commission is authorized to develop rules regarding 14
219	207		the application process, including payment of any applicable fees, and the 15
220	208		issuance of an expedited license. 16
221	209		17
222	210		SECTION 6. FEES FOR EXPEDITED LICENSURE 18
223	211		(a) A member state issuing an expedited license authorizing the 19
224	212		practice of medicine in that state may impose a fee for a license issued or 20
225	213		renewed through the Compact. 21
226	214		(b) The Interstate Commission is authorized to develop rules regarding 22
227	215		fees for expedited licenses. 23
228	216		24
229	217		SECTION 7. RENEWAL AND CONTINUED PARTICIPATION 25
230	218		(a) A physician seeking to renew an expedited license granted in a 26
231	219		member state shall complete a renewal process with the Interstate Commission 27
232	220		if the physician: 28
233	221		(1) Maintains a full and unrestricted license in a state of 29
234	222		principal license; 30
235	223		(2) Has not been convicted, received adjudication, deferred 31
236	224		adjudication, community supervision, or deferred disposition for any offense 32
237	225		by a court of appropriate jurisdiction; 33
238	226		(3) Has not had a license authorizing the practice of medicine 34
239	227		subject to discipline by a licensing agency in any state, federal, or foreign 35
240		-	jurisdiction, excluding any action related to non -payment of fees related to 36 ~~As Engrossed: S3/3/25~~ SB119
	228	+	jurisdiction, excluding any action related to non -payment of fees related to 36 SB119
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245	231		a license; and 1
246	232		4) Has not had a controlled substance license or permit 2
247	233		suspended or revoked by a state or the United States Drug Enforcement 3
248	234		Administration. 4
249	235		(b) Physicians shall comply with all continuing professional 5
250	236		development or continuing medical education requirements for renewal of a 6
251	237		license issued by a member state. 7
252	238		(c) The Interstate Commission shall collect any renewal fees charged 8
253	239		for the renewal of a license and distribute the fees to the applicable member 9
254	240		board. 10
255	241		(d) Upon receipt of any renewal fees collected in subsection (c), a 11
256	242		member board shall renew the physician’s license. 12
257	243		(e) Physician information collected by the Interstate Commission 13
258	244		during the renewal process will be distributed to all member boards. 14
259	245		(f) The Interstate Commission is authorized to develop rules to 15
260	246		address renewal of licenses obtained through the Compact. 16
261	247		17
262	248		SECTION 8. COORDINATED INFORMATION SYSTEM 18
263	249		(a) The Interstate Commission shall establish a database of all 19
264	250		physicians licensed, or who have applied for licensure, under Section 5. 20
265	251		(b) Notwithstanding any other provision of law, member boards shall 21
266	252		report to the Interstate Commission any public action or complaints against a 22
267	253		licensed physician who has applied or received an expedited license through 23
268	254		the Compact. 24
269	255		(c) Member boards shall report disciplinary or investigatory 25
270	256		information determined as necessary and proper by rule of the Interstate 26
271	257		Commission. 27
272	258		(d) Member boards may report any non -public complaint, disciplinary, 28
273	259		or investigatory information not required by subsection (c) to the Interstate 29
274	260		Commission. 30
275	261		(e) Member boards shall share complaint or disciplinary information 31
276	262		about a physician upon request of another member board. 32
277	263		(f) All information provided to the Interstate Commission or 33
278	264		distributed by member boards shall be confidential, filed under seal, and 34
279	265		used only for investigatory or disciplinary matters. 35
280		-	(g) The Interstate Commission is authorized to develop rules for 36 ~~As Engrossed: S3/3/25~~ SB119
	266	+	(g) The Interstate Commission is authorized to develop rules for 36 SB119
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285	269		mandated or discretionary sharing of information by member boards. 1
286	270		2
287	271		SECTION 9. JOINT INVESTIGATIONS 3
288	272		(a) Licensure and disciplinary records of physicians are deemed 4
289	273		investigative. 5
290	274		(b) In addition to the authority granted to a member board by its 6
291	275		respective Medical Practice Act or other applicable state law, a member board 7
292	276		may participate with other member boards in joint investigations of 8
293	277		physicians licensed by the member boards. 9
294	278		(c) A subpoena issued by a member state shall be enforceable in other 10
295	279		member states. 11
296	280		(d) Member boards may share any investigative, litigation, or 12
297	281		compliance materials in furtherance of any joint or individual investigation 13
298	282		initiate under the Compact. 14
299	283		(e) Any member state may investigate actual or alleged violations of 15
300	284		the statutes authorizing the practice of medicine in any other member state 16
301	285		in which a physician holds a license to practice medicine. 17
302	286		18
303	287		SECTION 10. DISCIPLINARY ACTIONS 19
304	288		(a) Any disciplinary action taken by any member board against a 20
305	289		physician licensed through the Compact shall be deemed unprofessional conduct 21
306	290		which may be subject to discipline by other member boards, in addition to any 22
307	291		violation of the Medical Practice Act or regulations in that state. 23
308	292		(b) If a license granted to a physician by the member board in the 24
309	293		state of principal license is revoked, surrendered or relinquished in lieu of 25
310	294		discipline, or suspended, then all licenses issued to the physician by member 26
311	295		boards shall automatically be placed, without further action necessary by any 27
312	296		member board, on the same status. If the member board in the state of 28
313	297		principal license subsequently reinstates the physician’s license, a license 29
314	298		issued to the physician by any other member board shall remain encumbered 30
315	299		until that respective member board takes action to reinstate the license in a 31
316	300		manner consistent with the Medical Practice Act of that state. 32
317	301		(c) If disciplinary action is taken against a physician by a member 33
318	302		board not in the state of principal license, any other member board may deem 34
319	303		the action conclusive as to matter of law and fact decided, and: 35
320		-	(1) Impose the same or lesser sanction(s) against the physician 36 ~~As Engrossed: S3/3/25~~ SB119
	304	+	(1) Impose the same or lesser sanction(s) against the physician 36 SB119
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325	307		so long as such sanctions are consistent with the Medical Practice Act of 1
326	308		that state; or 2
327	309		(2) Pursue separate disciplinary action against the physician 3
328	310		under its respective Medical Practice Act, regardless of the action taken in 4
329	311		other member states. 5
330	312		(d) If a license granted to a physician by a member board is revoked, 6
331	313		surrendered or relinquished in lieu of discipline, or suspended, then any 7
332	314		license(s) issued to the physician by any other member board(s) shall be 8
333	315		suspended, automatically and immediately without further action necessary by 9
334	316		the other member board(s), for ninety (90) days upon entry of the order by 10
335	317		the disciplining board, to permit the member board(s) to investigate the 11
336	318		basis for the action under the Medical Practice Act of that state. A member 12
337	319		board may terminate the automatic suspension of the license it issued prior 13
338	320		to the completion of the ninety (90) day suspension period in a manner 14
339	321		consistent with the Medical Practice Act of that state. 15
340	322		16
341	323		SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION 17
342	324		(a) The member states hereby create the “Interstate Medical Licensure 18
343	325		Compact Commission”. 19
344	326		(b) The purpose of the Interstate Commission is the administration of 20
345	327		the Interstate Medical Licensure Compact, which is a discretionary state 21
346	328		function. 22
347	329		(c) The Interstate Commission shall be a body corporate and joint 23
348	330		agency of the member states and shall have all the responsibilities, powers, 24
349	331		and duties set forth in the Compact, and such additional powers as may be 25
350	332		conferred upon it by a subsequent concurrent action of the respective 26
351	333		legislatures of the member states in accordance with the terms of the 27
352	334		Compact. 28
353	335		(d) The Interstate Commission shall consist of two voting 29
354	336		representatives appointed by each member state who shall serve as 30
355	337		Commissioners. In states where allopathic and osteopathic physicians are 31
356	338		regulated by separate member boards, or if the licensing and disciplinary 32
357	339		authority is split between separate member boards, or if the licensing and 33
358	340		disciplinary authority is split between multiple member boards within a 34
359	341		member state, the member state shall appoint one representative from each 35
360		-	member board. A Commissioner shall be a(n): 36 ~~As Engrossed: S3/3/25~~ SB119
	342	+	member board. A Commissioner shall be a(n): 36 SB119
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365	345		(1) Allopathic or osteopathic physician appointed to a member 1
366	346		board; 2
367	347		(2) Executive director, executive secretary, or similar 3
368	348		executive of a member board; or 4
369	349		(3) Member of the public appointed to a member board. 5
370	350		(e) The Interstate Commission shall meet at least once each calendar 6
371	351		year. A portion of this meeting shall be a business meeting to address such 7
372	352		matters as may properly come before the Commission, including the election of 8
373	353		officers. The chairperson may call additional meetings and shall call for a 9
374	354		meeting upon the request of a majority of the member states. 10
375	355		(f) The bylaws may provide for meetings of the Interstate Commission 11
376	356		to be conducted by telecommunication or electronic communication. 12
377	357		(g) Each Commissioner participating at a meeting of the Interstate 13
378	358		Commission is entitled to one vote. A majority of Commissioners shall 14
379	359		constitute a quorum for the transaction of business, unless a larger quorum 15
380	360		is required by the bylaws of the Interstate Commission. A Commissioner shall 16
381	361		not delegate a vote to another Commissioner. In the absence of its 17
382	362		Commissioner, a member state may delegate voting authority for a specified 18
383	363		meeting to another person from that state who shall meet the requirements of 19
384	364		subsection (d). 20
385	365		(h) The Interstate Commission shall provide public notice of all 21
386	366		meetings and all meetings shall be open to the public. The Interstate 22
387	367		Commission may close a meeting, in full or in portion, where it determines by 23
388	368		a two-thirds vote of the Commissioners present that an open meeting would be 24
389	369		likely to: 25
390	370		(1) Relate solely to the internal personnel practice and 26
391	371		procedures of the Interstate Commission; 27
392	372		(2) Discuss matters specifically exempted from disclosure by 28
393	373		federal statute; 29
394	374		(3) Discuss trade secrets, commercial, or financial information 30
395	375		that is privileged or confidential; 31
396	376		(4) Involve accusing a person of a crime, or formally censuring 32
397	377		a person; 33
398	378		(5) Discuss information of a personal nature where disclosure 34
399	379		would constitute a clearly unwarranted invasion of personal privacy; 35
400		-	(6) Discuss investigative records compiled for law enforcement 36 ~~As Engrossed: S3/3/25~~ SB119
	380	+	(6) Discuss investigative records compiled for law enforcement 36 SB119
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405	383		purposes; or 1
406	384		(7) Specifically relate to the participation in a civil action 2
407	385		or other legal proceeding. 3
408	386		(i) The Interstate Commission shall keep minutes which shall fully 4
409	387		describe all matters discussed in a meeting and shall provide a full and 5
410	388		accurate summary of actions taken, including record of any roll call votes. 6
411	389		(j) The Interstate Commission shall make its information and official 7
412	390		records, to the extent not otherwise designated in the Compact or by its 8
413	391		rules, available to the public for inspection. 9
414	392		(k) The Interstate Commission shall establish an executive committee, 10
415	393		which shall include officers, members, and others as determined by the 11
416	394		bylaws. The executive committee shall have the power to act on behalf of the 12
417	395		Interstate Commission, with the exception of rulemaking, during periods when 13
418	396		the Interstate Commission is not in session. When acting on behalf of the 14
419	397		Interstate Commission, the executive committee shall oversee the 15
420	398		administration of the Compact including enforcement and compliance with the 16
421	399		provisions of the Compact, its bylaws and rules, and other such duties as 17
422	400		necessary. 18
423	401		(l) The Interstate Commission shall establish other committees for 19
424	402		governance and administration of the Compact. 20
425	403		21
426	404		SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION 22
427	405		(a) Oversee and maintain the administration of the Compact; 23
428	406		(b) Promulgate rules which shall be binding to the extent and in the 24
429	407		manner provided for in the Compact; 25
430	408		(c) Issue, upon the request of a member state or member board, 26
431	409		advisory opinions concerning the meaning or interpretation of the Compact, 27
432	410		its bylaws, rules, and actions; 28
433	411		(d) Enforce compliance with Compact provisions, the rules promulgated 29
434	412		by the Interstate Commission, and the bylaws, using all necessary and proper 30
435	413		means, including but not limited to the use of judicial process; 31
436	414		(e) Establish and appoint committees including, but not limited to, an 32
437	415		executive committee as required by Section 11, which shall have the power to 33
438	416		act on behalf of the Interstate Commission in carrying out its powers and 34
439	417		duties; 35
440		-	(f) Pay, or provide for the payment of the expenses related to the 36 ~~As Engrossed: S3/3/25~~ SB119
	418	+	(f) Pay, or provide for the payment of the expenses related to the 36 SB119
441	419
442		-	12 03-03-2025 13:52:45 JMB272
443		-
444		-
	420	+	12 01/27/2025 2:40:50 PM JMB272
445	421		establishment, organization, and ongoing activities of the Interstate 1
446	422		Commission; 2
447	423		(g) Establish and maintain one or more offices; 3
448	424		(h) Borrow, accept, hire, or contract for services of personnel; 4
449	425		(i) Purchase and maintain insurance and bonds; 5
450	426		(j) Employ an executive director who shall have such powers to employ, 6
451	427		select or appoint employees, agents, or consultants, and to determine their 7
452	428		qualifications, define their duties, and fix their compensation; 8
453	429		(k) Establish personnel policies and programs relating to conflicts of 9
454	430		interest, rates of compensation, and qualifications of personnel; 10
455	431		(l) Accept donations and grants of money, equipment, supplies, 11
456	432		materials, and services and to receive, utilize, and dispose of it in a 12
457	433		manner consistent with the conflict of interest policies established by the 13
458	434		Interstate Commission; 14
459	435		(m) Lease, purchase, accept contributions or donations of, or 15
460	436		otherwise to own, hold, improve or use, any property, real, personal, or 16
461	437		mixed; 17
462	438		(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or 18
463	439		otherwise dispose of any property, real, personal, or mixed; 19
464	440		(o) Establish a budget and make expenditures; 20
465	441		(p) Adopt a seal and bylaws governing the management and operation of 21
466	442		the Interstate Commission; 22
467	443		(q) Report annually to the legislatures and governors of the member 23
468	444		states concerning the activities of the Interstate Commission during the 24
469	445		preceding year. Such reports shall also include reports of financial audits 25
470	446		and any recommendations that may have been adopted by the Interstate 26
471	447		Commission; 27
472	448		(r) Coordinate education, training, and public awareness regarding the 28
473	449		Compact, its implementation, and its operation; 29
474	450		(s) Maintain records in accordance with the bylaws; 30
475	451		(t) Seek and obtain trademarks, copyrights, and patents; and 31
476	452		(u) Perform such functions as may be necessary or appropriate to 32
477	453		achieve the purpose of the Compact. 33
478	454		34
479	455		SECTION 13. FINANCE POWERS 35
480		-	(a) The Interstate Commission may levy on and collect an annual 36 ~~As Engrossed: S3/3/25~~ SB119
	456	+	(a) The Interstate Commission may levy on and collect an annual 36 SB119
481	457
482		-	13 03-03-2025 13:52:45 JMB272
483		-
484		-
	458	+	13 01/27/2025 2:40:50 PM JMB272
485	459		assessment from each member state to cover the cost of the operations and 1
486	460		activities of the Interstate Commission and its staff. The total assessment 2
487	461		must be sufficient to cover the annual budget approved each year for which 3
488	462		revenue is not provided by other sources. The aggregate annual assessment 4
489	463		amount shall be allocated upon a formula to be determined by the Interstate 5
490	464		Commission, which shall promulgate a rule binding upon all member states. 6
491	465		(b) The Interstate Commission shall not incur obligations of any kind 7
492	466		prior to securing the funds adequate to meet the same. 8
493	467		(c) The Interstate Commission shall not pledge the credit of any of 9
494	468		the member states, except by, and with the authority of, the member state. 10
495	469		(d) The Interstate Commission shall be subject to a yearly financial 11
496	470		audit conducted by a certified or licensed accountant and the report of the 12
497	471		audit shall be included in the annual report of the Interstate Commission. 13
498	472		14
499	473		SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 15
500	474		(a) The Interstate Commission shall, by a majority of Commissioners 16
501	475		present and voting, adopt bylaws to govern its conduct as may be necessary or 17
502	476		appropriate to carry out the purposes of the Compact within twelve (12) 18
503	477		months of the first Interstate Commission meeting. 19
504	478		(b) The Interstate Commission shall elect or appoint annually from 20
505	479		among its Commissioners a chairperson, a vice -chairperson, and a treasurer, 21
506	480		each of whom shall have such authority and duties as may be specified in the 22
507	481		bylaws. The chairperson, or in the chairperson’s absence or disability, the 23
508	482		vice-chairperson, shall preside at all meetings of the Interstate Commission. 24
509	483		(c) Officers selected in subsection (b) shall serve without 25
510	484		remuneration for the Interstate Commission. 26
511	485		(d) The officers and employees of the Interstate Commission shall be 27
512	486		immune from suit and liability, either personally or in their official 28
513	487		capacity, for a claim for damage to or loss of property or personal injury or 29
514	488		other civil liability caused or arising out of, or relating to, an actual or 30
515	489		alleged act, error, or omission that occurred, or that such person had a 31
516	490		reasonable basis for believing occurred, within the scope of Interstate 32
517	491		Commission employment, duties, or responsibilities; provided that such person 33
518	492		shall not be protected from suit or liability for damage, loss, injury, or 34
519	493		liability caused by the intentional or willful and wanton misconduct of such 35
520		-	person. 36 ~~As Engrossed: S3/3/25~~ SB119
	494	+	person. 36 SB119
521	495
522		-	14 03-03-2025 13:52:45 JMB272
523		-
524		-
	496	+	14 01/27/2025 2:40:50 PM JMB272
525	497		(e) The liability of the executive director and employees of the 1
526	498		Interstate Commission or representatives of the Interstate Commission, acting 2
527	499		within the scope of such person’s employment or duties for acts, errors, or 3
528	500		omissions occurring within such person’s state, may not exceed the limits of 4
529	501		liability set forth under the constitution and laws of that state for state 5
530	502		officials, employees, and agents. The Interstate Commission is considered to 6
531	503		be an instrumentality of the states for the purpose of any such action. 7
532	504		Nothing in this subsection shall be construed to protect such person from 8
533	505		suit or liability for damage, loss, injury, or liability caused by the 9
534	506		intentional or willful and wanton misconduct of such person. 10
535	507		(f) The Interstate Commission shall defend the executive director, its 11
536	508		employees, and subject to the approval of the attorney general or other 12
537	509		appropriate legal counsel of the member state represented by an Interstate 13
538	510		Commission representative, shall defend such Interstate Commission 14
539	511		representative in any civil action seeking to impose liability arising out of 15
540	512		an actual or alleged act, error or omission that occurred within the scope of 16
541	513		Interstate Commission employment, duties or responsibilities, or that the 17
542	514		defendant had a reasonable basis for believing occurred within the scope of 18
543	515		Interstate Commission employment, duties, or responsibilities, provided that 19
544	516		the actual or alleged act, error, or omission did not result from intentional 20
545	517		or willful and wanton misconduct on the part of such person. 21
546	518		(g) To the extent not covered by the state involved, member state, or 22
547	519		the Interstate Commission, the representatives or employees of the Interstate 23
548	520		Commission shall be held harmless in the amount of a settlement or judgement, 24
549	521		including attorney’s fees and costs, obtained against such persons arising 25
550	522		out of an actual or alleged act, error, or omission that occurred within the 26
551	523		scope of the Interstate Commission employment, duties, or responsibilities, 27
552	524		or that such persons had a reasonable basis for believing occurred within the 28
553	525		scope of Interstate Commission employment, duties, or responsibilities, 29
554	526		provided that the actual or alleged act, error, or omission did not result 30
555	527		from intentional or willful and wanton misconduct on the part of such person. 31
556	528		32
557	529		SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 33
558	530		(a) The Interstate Commission shall promulgate reasonable rules in 34
559	531		order to effectively and efficiently achieve the purpose of the Compact. 35
560		-	Notwithstanding the foregoing, in the event the Interstate Commission 36 ~~As Engrossed: S3/3/25~~ SB119
	532	+	Notwithstanding the foregoing, in the event the Interstate Commission 36 SB119
561	533
562		-	15 03-03-2025 13:52:45 JMB272
563		-
564		-
	534	+	15 01/27/2025 2:40:50 PM JMB272
565	535		exercises its rulemaking authority in a manner that is beyond the scope of 1
566	536		the purposes of the Compact, or the powers granted hereunder, then such an 2
567	537		action by the Interstate Commission shall be invalid and have no force or 3
568	538		effect. 4
569	539		(b) Rules deemed appropriate for the operations of the Interstate 5
570	540		Commission shall be made pursuant to a rulemaking process that substantially 6
571	541		conforms to the “Model State Administrative Procedure Act” of 2010, and 7
572	542		subsequent amendments thereto. 8
573	543		(c) Not later than thirty (30) days after a rule is promulgated, any 9
574	544		person may file a petition for judicial review of the rule in the United 10
575	545		States District Court for the District of Columbia or the federal district 11
576	546		where the Interstate Commission has its principal offices, provided that the 12
577	547		filing of such a petition shall not stay or otherwise prevent the rule from 13
578	548		becoming effective unless the court finds that the petitioner has a 14
579	549		substantial likelihood of success. The court shall give deference to the 15
580	550		actions of the Interstate Commission consistent with applicable law and shall 16
581	551		not find the rule to be unlawful if the rule represents a reasonable exercise 17
582	552		of the authority granted to the Interstate Commission. 18
583	553		19
584	554		SECTION 16. OVERSIGHT OF INTERSTATE COMPACT 20
585	555		(a) The executive, legislative, and judicial branches of state 21
586	556		government in each member state shall enforce the Compact and shall take all 22
587	557		actions necessary and appropriate to effectuate the Compact’s purposes and 23
588	558		intent. The provisions of the Compact and the rules promulgated hereunder 24
589	559		shall have standing as statutory law but shall not override existing state 25
590	560		authority to regulate the practice of medicine. 26
591	561		(b) All courts shall take judicial notice of the Compact and the rules 27
592	562		in any judicial or administrative proceeding in a member state pertaining to 28
593	563		the subject matter of the Compact which may affect the powers, 29
594	564		responsibilities or actions of the Interstate Commission. 30
595	565		(c) The Interstate Commission shall be entitled to receive all 31
596	566		services of process in any such proceeding, and shall have standing to 32
597	567		intervene in the proceeding for all purposes. Failure to provide service of 33
598	568		process to the Interstate Commission shall render a judgment or order void as 34
599	569		to the Interstate Commission, the Compact, or promulgated rules. 35
600		-	36 ~~As Engrossed: S3/3/25~~ SB119
	570	+	36 SB119
601	571
602		-	16 03-03-2025 13:52:45 JMB272
603		-
604		-
	572	+	16 01/27/2025 2:40:50 PM JMB272
605	573		SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT 1
606	574		(a) The Interstate Commission, in the reasonable exercise of its 2
607	575		discretion, shall enforce the provisions and rules of the Compact. 3
608	576		(b) The Interstate Commission may, by majority vote of the 4
609	577		Commissioners, initiate legal action in the United States District Court for 5
610	578		the District of Columbia, or, at the discretion of the Interstate Commission, 6
611	579		in the federal district where the Interstate Commission has its principal 7
612	580		offices, to enforce compliance with the provisions of the Compact, and its 8
613	581		promulgated rules and bylaws, against a member state in default. The relief 9
614	582		sought may including both injunctive relief and damages. In the event 10
615	583		judicial enforcement is necessary, the prevailing party shall be awarded all 11
616	584		costs of such litigation including reasonable attorney’s fees. 12
617	585		(c) The remedies herein shall not be the exclusive remedies of the 13
618	586		Interstate Commission. The Interstate Commission may avail itself of any 14
619	587		other remedies available under state law or regulation of a profession. 15
620	588		16
621	589		SECTION 18. DEFAULT PROCEDURES 17
622	590		(a) The grounds for default include, but are not limited to, failure 18
623	591		of a member state to perform such obligations or responsibilities imposed 19
624	592		upon it by the Compact, or the rules and bylaws of the Interstate Commission 20
625	593		promulgated under the Compact. 21
626	594		(b) If the Interstate Commission determines that a member state has 22
627	595		defaulted in the performance of its obligations or responsibilities under the 23
628	596		Compact, or the bylaws or promulgated rules, the Interstate Commission shall: 24
629	597		(1) Provide written notice to the defaulting state and other 25
630	598		member states, of the nature of the default, the means of curing the default, 26
631	599		and any action taken by the Interstate Commission. The Interstate Commission 27
632	600		shall specify the conditions by which the defaulting state must cure its 28
633	601		default; and 29
634	602		(2) Provide remedial training and specific technical assistance 30
635	603		regarding the default. 31
636	604		(c) If the defaulting state fails to cure the default, the defaulting 32
637	605		state shall be terminated from the Compact upon an affirmative vote of a 33
638	606		majority of the Commissioners and all rights, privileges, and benefits 34
639	607		conferred by the Compact shall terminate on the effective date of 35
640		-	termination. A cure of the default does not relieve the offending state of 36 ~~As Engrossed: S3/3/25~~ SB119
	608	+	termination. A cure of the default does not relieve the offending state of 36 SB119
641	609
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643		-
644		-
	610	+	17 01/27/2025 2:40:50 PM JMB272
645	611		obligations or liabilities incurred during the period of the default. 1
646	612		(d) Termination of membership in the Compact shall be imposed only 2
647	613		after all other means of securing compliance have been exhausted. Notice of 3
648	614		intent to terminate shall be given by the Interstate Commission to the 4
649	615		governor, the majority and minority leaders of the defaulting state’s 5
650	616		legislature, and each of the member states. 6
651	617		(e) The Interstate Commission shall establish rules and procedures to 7
652	618		address licenses and physicians that are materially impacted by the 8
653	619		termination of a member state, or the withdrawal of a member state. 9
654	620		(f) The member state which has been terminated is responsible for all 10
655	621		dues, obligations, and liabilities incurred through the effective date of 11
656	622		termination including obligations, the performance of which extends beyond 12
657	623		the effective date of termination. 13
658	624		(g) The Interstate Commission shall not bear any costs relating to any 14
659	625		state that has been found to be in default or which has been terminated from 15
660	626		the Compact, unless otherwise mutually agreed upon in writing between the 16
661	627		Interstate Commission and the defaulting state. 17
662	628		(h) The defaulting state may appeal the action of the Interstate 18
663	629		Commission by petitioning the United States District Court for the District 19
664	630		of Columbia or the federal district where the Interstate Commission has its 20
665	631		principal offices. The prevailing party shall be awarded all costs of such 21
666	632		litigation including reasonable attorney’s fees. 22
667	633		23
668	634		SECTION 19. DISPUTE RESOLUTION 24
669	635		(a) The Interstate Commission shall attempt, upon the request of a 25
670	636		member state, to resolve disputes which are subject to the Compact and which 26
671	637		may arise among member states or member boards. 27
672	638		(b) The Interstate Commission shall promulgate rules providing for 28
673	639		both mediation and binding dispute resolution as appropriate. 29
674	640		30
675	641		SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 31
676	642		(a) Any state is eligible to become a member of the Compact. 32
677	643		(b) The Compact shall become effective and binding upon legislative 33
678	644		enactment of the Compact into law by no less than seven (7) states. 34
679	645		Thereafter, it shall become effective and binding on a state upon enactment 35
680		-	of the Compact into law by that state. 36 ~~As Engrossed: S3/3/25~~ SB119
	646	+	of the Compact into law by that state. 36 SB119
681	647
682		-	18 03-03-2025 13:52:45 JMB272
683		-
684		-
	648	+	18 01/27/2025 2:40:50 PM JMB272
685	649		(c) The governors of non -member states, or their designees, shall be 1
686	650		invited to participate in the activities of the Interstate Commission on a 2
687	651		non-voting basis prior to adoption of the Compact by all states. 3
688	652		(d) The Interstate Commission may propose amendments to the Compact 4
689	653		for enactment by the member states. No amendment shall become effective and 5
690	654		binding upon the Interstate Commission and the member states unless and until 6
691	655		it is enacted into law by unanimous consent of the member states. 7
692	656		8
693	657		SECTION 21. WITHDRAWAL 9
694	658		(a) Once effective, the Compact shall continue in force and remain 10
695	659		binding upon each and every member state; provided that a member state may 11
696	660		withdraw from the Compact by specifically repealing the statute which enacted 12
697	661		the Compact into law. 13
698	662		(b) Withdrawal from the Compact shall be by the enactment of a statute 14
699	663		repealing the same, but shall not take effect until one (1) year after the 15
700	664		effective date of such statute and until written notice of the withdrawal has 16
701	665		been given by the withdrawing state to the governor of each other member 17
702	666		state. 18
703	667		(c) The withdrawing state shall immediately notify the chairperson of 19
704	668		the Interstate Commission in writing upon the introduction of legislation 20
705	669		repealing the Compact in the withdrawing state. 21
706	670		(d) The Interstate Commission shall notify the other member states of 22
707	671		the withdrawing state’s intent to withdraw within sixty (60) days of its 23
708	672		receipt of notice provided under subsection (c). 24
709	673		(e) The withdrawing state is responsible for all dues, obligations and 25
710	674		liabilities incurred through the effective date of withdrawal, including 26
711	675		obligations, the performance of which extend beyond the effective date of 27
712	676		withdrawal. 28
713	677		(f) Reinstatement following withdrawal of a member state shall occur 29
714	678		upon the withdrawing date reenacting the Compact or upon such later date as 30
715	679		determined by the Interstate Commission. 31
716	680		(g) The Interstate Commission is authorized to develop rules to 32
717	681		address the impact of the withdrawal of a member state on licenses granted in 33
718	682		other member states to physicians who designated the withdrawing member state 34
719	683		as the state of principal license. 35
720		-	36 ~~As Engrossed: S3/3/25~~ SB119
	684	+	36 SB119
721	685
722		-	19 03-03-2025 13:52:45 JMB272
723		-
724		-
	686	+	19 01/27/2025 2:40:50 PM JMB272
725	687		SECTION 22. DISSOLUTION 1
726	688		(a) The Compact shall dissolve effective upon the date of the 2
727	689		withdrawal or default of the member state which reduces the membership of the 3
728	690		Compact to one (1) member state. 4
729	691		(b) Upon the dissolution of the Compact, the Compact becomes null and 5
730	692		void and shall be of no further force or effect, and the business and affairs 6
731	693		of the Interstate Commission shall be concluded, and surplus funds shall be 7
732	694		distributed in accordance with the bylaws. 8
733	695		9
734	696		SECTION 23. SEVERABILITY AND CONSTRUCTION 10
735	697		(a) The provisions of the Compact shall be severable, and if any 11
736	698		phrase, clause, sentence, or provision is deemed unenforceable, the remaining 12
737	699		provisions of the Compact shall be enforceable. 13
738	700		(b) The provisions of the Compact shall be liberally construed to 14
739	701		effectuate its purposes. 15
740	702		(c) Nothing in the Compact shall be construed to prohibit the 16
741	703		applicability of other interstate compacts to which the member states are 17
742	704		members. 18
743	705		19
744	706		SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS 20
745	707		(a) Nothing herein prevents the enforcement of any other law of a 21
746	708		member state that is not inconsistent with the Compact. 22
747	709		(b) All laws in a member state in conflict with the Compact are 23
748	710		superseded to the extent of the conflict. 24
749	711		(c) All lawful actions of the Interstate Commission, including all 25
750	712		rules and bylaws promulgated by the Commission, are binding upon the member 26
751	713		states. 27
752	714		(d) All agreements between the Interstate Commission and the member 28
753	715		states are binding in accordance with their terms. 29
754	716		(e) In the event any provision of the Compact exceeds the 30
755	717		constitutional limits imposed on the legislature of any member state, such 31
756	718		provision shall be ineffective to the extent of the conflict with the 32
757	719		constitutional provision in question in that member state. 33
758	720		34
759	721		17-95-1202. Administration of compact — Rules. 35
760		-	(a) The Arkansas State Medical Board is the Interstate Medical 36 ~~As Engrossed: S3/3/25~~ SB119
	722	+	(a) The Arkansas State Medical Board is the Interstate Medical 36 SB119
761	723
762		-	20 03-03-2025 13:52:45 JMB272
763		-
764		-
	724	+	20 01/27/2025 2:40:50 PM JMB272
765	725		Licensure Compact administrator for this state. 1
766	726		(b)(1) The board shall promulgate rules necessary to implement this 2
767	727		subchapter. 3
768	728		(2) Rules promulgated by the board under subdivision (b)(1) of 4
769	729		this section shall be consistent with the Interstate Medical Licensure 5
770	730		Compact necessary to implement this subchapter. 6
771	731		(c) The board is not required to adopt the rules of the Interstate 7
772	732		Medical Licensure Compact Commission for those rules to be effective in this 8
773	733		state. 9
774	734		10
775	735		SECTION 2. Arkansas Code § 17 -95-107(c)(1), concerning credentialing 11
776	736		information submitted to the Arkansas State Medical Board by board -licensed 12
777	737		physicians, is amended to read as follows: 13
778	738		(c)(1)(A)(i) All physicians licensed by the board shall submit such 14
779	739		credentialing information as the board may request so that the board may 15
780	740		verify the information by the primary source verification procedure in order 16
781	741		to make the information available to credentialing organizations. 17
782	742		(ii) If the physician should fail to submit the 18
783	743		information as the board requests within a period of thirty (30) days, the 19
784	744		failure can result in the suspension of the physician's license to practice 20
785	745		medicine in the State of Arkansas after the matter is presented to the full 21
786	746		board for a hearing pursuant to the Arkansas Administrative Procedure Act, § 22
787	747		25-15-201 et seq. 23
788	748		(B) Upon entering the Interstate Medical Licensure 24
789	749		Compact, the board shall verify credentials either through: 25
790	750		(i)(a) The Federal Credentials Verification Service. 26
791	751		(b) As used in subdivision (c)(1)(B)(i) of 27
792	752		this section, "Federal Credentials Verification Service" means a system that 28
793	753		is used by the Federation of State Medical Boards to streamline licensure 29
794	754		across states; or 30
795	755		(ii) The state credentials verification service that 31
796	756		has been modified to align with the compact. 32
797	757		33
798	758		SECTION 3. Arkansas Code § 17 -95-306, concerning criminal background 34
799	759		checks for a license or renewal of a license issued by the Arkansas State 35
800		-	Medical Board, is amended to add an additional subsection to read as follows: 36 ~~As Engrossed: S3/3/25~~ SB119
	760	+	Medical Board, is amended to add an additional subsection to read as follows: 36 SB119
801	761
802		-	21 03-03-2025 13:52:45 JMB272
803		-
804		-
	762	+	21 01/27/2025 2:40:50 PM JMB272
805	763		(d) Upon entering the Interstate Medical Licensure Compact, the board 1
806	764		shall require that every applicant for a compact licensure shall provide 2
807	765		written authorization to the board to allow the Division of Arkansas State 3
808	766		Police to release the results of a state and federal criminal history 4
809	767		background check report to the board as provided in this section. 5
810	768		6
811	769		SECTION 4. DO NOT CODIFY. Initial rules. 7
812	770		(a) The Arkansas State Medical Board shall promulgate rules necessary 8
813	771		to implement this act. 9
814	772		(b) When adopting the initial rules to implement this act, the final 10
815	773		rules shall be filed with the Secretary of State for adoption under § 25 -15-11
816	774		204(f): 12
817	775		(1) On or before January 1, 2026; or 13
818	776		(2) If approval under § 10 -3-309 has not occurred by January 1, 14
819	777		2026, as soon as practicable after approval under § 10 -3-309. 15
820	778		(c) The board shall file the proposed rule with the Legislative 16
821	779		Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 17
822	780		that the Legislative Council may consider the rule for approval before 18
823	781		January 1, 2026. 19
824	782		20
825		-	~~/s/C. Penzo~~ 21
	783	+	21
826	784		22
827	785		23
828		-	~~APPROVED: 3/12/25~~ 24
	786	+	24
829	787		25
830	788		26
831	789		27
832	790		28
833	791		29
834	792		30
835	793		31
836	794		32
837	795		33
838	796		34
839	797		35
840	798		36