Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2393 Compare Versions

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2	2	HOUSE DOCKET, NO. 3377 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2393
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker and Aaron L. Saunders
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing Massachusetts entry into the interstate medical licensure compact.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/17/2025 1 of 27
16	16	HOUSE DOCKET, NO. 3377 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2393
18	18	By Representatives Decker of Cambridge and Saunders of Belchertown, a petition (accompanied
19	19	by bill, House, No. 2393) of Marjorie C. Decker relative to membership in the Interstate Medical
20	20	Licensure Compact. Public Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act authorizing Massachusetts entry into the interstate medical licensure compact.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1: The General Laws are hereby amended by inserting after chapter 112A the
30	30	2following chapter:-
31	31	3 Chapter 112B
32	32	4 INTERSTATE MEDICAL LICENSURE COMPACT
33	33	5 Section 1. In order to strengthen access to healthcare, and in recognition of the advances
34	34	6in the delivery of healthcare, the member state of the Interstate Medical Licensure Compact have
35	35	7allied in common purpose to develop a comprehensive process that complements the existing
36	36	8licensing and regulatory authority of state medical boards, provides a streamlined process that
37	37	9allows physicians to become licensed in multiple states, thereby enhancing the portability of a
38	38	10medical license and ensuring the safety of patients. The compact creates another pathway for
39	39	11licensure and does not otherwise change a state’s existing Medical Practice Act. The compact
40	40	12also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs 2 of 27
41	41	13where the patient is located at the time of the physician-patient encounter, and therefore, requires
42	42	14the physician to be under the jurisdiction of the state medical board where the patient is located.
43	43	15State medical boards that participate in the compact retain the jurisdiction to impose an adverse
44	44	16action against a license to practice medicine in that state issued to a physician through the
45	45	17procedures in the compact.
46	46	18 Section 2. As used in this chapter, the following words shall have the following meaning:
47	47	19 “Bylaws,” those bylaws established by the Interstate Commission pursuant to section 11.
48	48	20 “Commissioner,” the voting representative appointed by each member board pursuant to
49	49	21section 11.
50	50	22 “Conviction,” a finding by a court that an individual is guilty of a criminal offense
51	51	23through adjudication, or entry of a plea of guilt or no contest to the charge by the offender.
52	52	24Evidence of an entry of a conviction of a criminal offense by the court shall be considered final
53	53	25for purposes of disciplinary action by a member board.
54	54	26 “Expedited License,” a full and unrestricted medical license granted by a member state to
55	55	27an eligible physician through the process set forth in the compact.
56	56	28 “Interstate Commission,” the interstate commission created pursuant to section 11.
57	57	29 “License,” authorization by a member state for a physician to engage in the practice of
58	58	30medicine, which would be unlawful without authorization.
59	59	31 “Medical Practice Act,” laws and regulations governing the practice of allopathic and
60	60	32osteopathic medicine within a member state. 3 of 27
61	61	33 “Member Board,” a state agency in a member state that acts in the sovereign interests of
62	62	34the state by protecting the public through licensure, regulation, and education of physicians as
63	63	35directed by the state government.
64	64	36 “Member State,” a state that has enacted the compact.
65	65	37 “Practice of Medicine,” that clinical prevention, diagnosis, or treatment of human
66	66	38disease, injury, or condition requiring a physician to obtain and maintain a license in compliance
67	67	39with the Medical Practice Act of a member state.
68	68	40 “Physician,” any person who (i) is a graduate of a medical school accredited by the
69	69	41Liaison Committee on Medical Education, the Commission on Osteopathic College
70	70	42Accreditation, or a medical school listed in the International Medical Education Directory or its
71	71	43equivalent; (ii) passed each component of the United State Medical Licensing Examination
72	72	44(USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA)
73	73	45within three attempts, or any of its predecessor examinations accepted by a state medical board
74	74	46as an equivalent examination for licensure purposes; (iii) successfully completed graduate
75	75	47medical education approved by the Accreditation Council for Graduate Medical Education or the
76	76	48American Osteopathic Association; (iv) holds specialty certification or a time-unlimited specialty
77	77	49certificate recognized by the American Board of Medical Specialties or the American
78	78	50Osteopathic Association’s Bureau of Osteopathic Specialists; (v) possesses a full and
79	79	51unrestricted license to engage in the practice of medicine issued by a member board; (vi) has
80	80	52never been convicted, received adjudication, deferred adjudication, community supervision, or
81	81	53deferred disposition for any offense by a court of appropriate jurisdiction; (vii) has never held a
82	82	54license authorizing the practice of medicine subjected to discipline by a licensing agency in any 4 of 27
83	83	55state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related
84	84	56to a license; (viii) has never had a controlled substance license or permit suspended or revoked
85	85	57by a state or the United States Drug Enforcement Administration; and (ix) is not under active
86	86	58investigation by a licensing agency or law enforcement authority in any state, federal, or foreign
87	87	59jurisdiction.
88	88	60 “Offense,” a felony, gross misdemeanor, or crime of moral turpitude.
89	89	61 “Rule,” a written statement by the Interstate Commission promulgated pursuant to section
90	90	6212 of the compact that is of general applicability, implements, interprets, or prescribes a policy or
91	91	63provision of the compact, or an organizational, procedural, or practice requirement of the
92	92	64Interstate Commission, and has the force and effect of statutory law in a member state, and
93	93	65includes the amendment, repeal, or suspension of an existing rule.
94	94	66 “State,” any state, commonwealth, district, or territory of the United States.
95	95	67 “State of Principal License,” a member state where a physician holds a license to practice
96	96	68medicine, and which has been designated as such by the physician for purposes of registration
97	97	69and participation in the compact.
98	98	70 Section 3. (a) A physician must meet the eligibility requirements as defined in subsection
99	99	71(k) of section 2 to receive an expedited license under the terms and provisions of the compact.
100	100	72 (b) A physician who does not meet the requirements of subsection (k) of section 2 may
101	101	73obtain a license to practice medicine in a member state if the individual complies with all laws
102	102	74and requirements, other than the compact, relating to the issuance of a license to practice
103	103	75medicine in that state. 5 of 27
104	104	76 Section 4. (a) A physician shall designate a member state as the state of principal license
105	105	77for purposes of registration for expedited licensure through the compact if the physician
106	106	78possesses a full and unrestricted license to practice medicine in that state, and the state is:
107	107	79 (1) The state of principal residence for the physician, or
108	108	80 (2) The state where at least 25 percent of the practice of medicine occurs, or
109	109	81 (3) The location of the physician’s employer, or
110	110	82 (4) If no state qualifies under clause (1), clause (2), or clause (3), the state designated as
111	111	83the state of residence for purpose of federal income tax.
112	112	84 (b) A physician may redesignate a member state as the state of principal license at any
113	113	85time, as long as the state meets the requirements of subsection (a).
114	114	86 (c) The Interstate Commission is authorized to develop rules to facilitate the
115	115	87redesignation of another member state as the state of principal license.
116	116	88 Section 5. (a) A physician seeking licensure through the compact shall file an application
117	117	89for an expedited license with the member board of the state selected by the physician as the state
118	118	90of principal license.
119	119	91 (b) Upon receipt of an application for an expedited license, the member board within the
120	120	92state selected as the state of principal license shall evaluate whether the physician is eligible for
121	121	93expedited licensure and issue a letter of qualification, verifying or denying the physician’s
122	122	94eligibility, to the Interstate Commission. 6 of 27
123	123	95 (1) Static qualifications, which include verification of medical education, graduate
124	124	96medical education, results of any medical or licensing examination, and other qualifications as
125	125	97determined by the Interstate Commission through rule, shall not be subject to additional primary
126	126	98source verification where already primary source verified by the state of principal license.
127	127	99 (2) The member board within the state selected as the state of principal license shall,
128	128	100while verifying eligibility, perform a criminal background check of an applicant, including the
129	129	101use of the results of fingerprint or other biometric data checks compliant with the requirements
130	130	102of the Federal Bureau of Investigation, except for federal employees who have suitability
131	131	103determination in accordance with 5 C.F.R. §731.202.
132	132	104 (3) Appeal on the determination of eligibility shall be made to the member state where
133	133	105the application was filed and shall be subject to the law of that state.
134	134	106 (c) Upon verification in subsection (b), physicians eligible for an expedited license shall
135	135	107complete the registration process established by the Interstate Commission to receive a license in
136	136	108a member state selected pursuant to subsection (a), including the payment of any applicable fees.
137	137	109 (d) After receiving verification of eligibility under subsection (b) and any fees under
138	138	110subsection (c), a member board shall issue an expedited license to the physician. This license
139	139	111shall authorize the physician to practice medicine in the issuing state consistent with the Medical
140	140	112Practice Act and all applicable laws and regulations of the issuing member board and member
141	141	113state.
142	142	114 (e) An expedited license shall be valid for a period consistent with the licensure period in
143	143	115the member state and in the same manner as required for other physicians holding a full and
144	144	116unrestricted license within the member state. 7 of 27
145	145	117 (f) An expedited license obtained through the compact shall be terminated if a physician
146	146	118fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without
147	147	119redesignation of a new state of principal licensure.
148	148	120 (g) The Interstate Commission is authorized to develop rules regarding the application
149	149	121process, including payment of any applicable fees, and the issuance of an expedited license.
150	150	122 Section 6. (a) A member state issuing an expedited license authorizing the practice of
151	151	123medicine in that state may impose a fee for a license issued or renewed through the compact.
152	152	124 (b) The Interstate Commission is authorized to develop rules regarding fees for expedited
153	153	125licenses.
154	154	126 Section 7. (a) A physician seeking to renew an expedited license granted in a member
155	155	127state shall complete a renewal process with the Interstate Commission if the physician:
156	156	128 (1) Maintains a full and unrestricted license in a state of principal license;
157	157	129 (2) Has not been convicted, received adjudication, deferred adjudication, community
158	158	130supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
159	159	131 (3) Has not had a license authorizing the practice of medicine subject to discipline by a
160	160	132licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-
161	161	133payment of fees related to a license; and
162	162	134 (4) Has not had a controlled substance license or permit suspended or revoked by a state
163	163	135or the United States Drug Enforcement Administration. 8 of 27
164	164	136 (b) Physicians shall comply with all continuing professional development or continuing
165	165	137medical education requirements for renewal of a license issued by a member state.
166	166	138 (c) The Interstate Commission shall collect any renewal fees charged for the renewal of a
167	167	139license and distribute the fees to the applicable member board.
168	168	140 (d) Upon receipt of any renewal fees collected in subsection (c), a member board shall
169	169	141renew the physician’s license.
170	170	142 (e) Physician information collected by the Interstate Commission during the renewal
171	171	143process will be distributed to all member boards.
172	172	144 (f) The Interstate Commission is authorized to develop rules to address the renewal of
173	173	145licenses obtained through the compact.
174	174	146 Section 8. (a) The Interstate Commission shall establish a database of all physicians
175	175	147licensed, or who have applied for licensure, under Section 5.
176	176	148 (b) Notwithstanding any other provision of law, member boards shall report to the
177	177	149Interstate Commission any public action or complaints against a licensed physician who has
178	178	150applied or received an expedited license through the compact.
179	179	151 (c) Member boards shall report disciplinary or investigatory information determined as
180	180	152necessary and proper by rule of the Interstate Commission.
181	181	153 (d) Member boards may report any non-public complaint, disciplinary, or investigatory
182	182	154information not required by subsection (c) to the Interstate Commission. 9 of 27
183	183	155 (e) Member boards shall share complaints or disciplinary information about a physician
184	184	156upon request of another member board.
185	185	157 (f) All information provided to the Interstate Commission or distributed by member
186	186	158boards shall be confidential, filed under seal, and used only for investigatory or disciplinary
187	187	159matters.
188	188	160 (g) The Interstate Commission is authorized to develop rules for mandated or
189	189	161discretionary sharing of information by member boards.
190	190	162 Section 9. (a) Licensure and disciplinary records of physicians are deemed investigative.
191	191	163 (b) In addition to the authority granted to a member board by its respective Medical
192	192	164Practice Act or other applicable state law, a member board may participate with other member
193	193	165boards in joint investigations of physicians licensed by the member boards.
194	194	166 (c) A subpoena issued by a member state shall be enforceable in other member states.
195	195	167 (d) Member boards may share any investigative, litigation, or compliance materials in
196	196	168furtherance of any joint or individual investigation initiated under the compact.
197	197	169 (e) Any member state may investigate actual or alleged violations of the statutes
198	198	170authorizing the practice of medicine in any other member state in which a physician holds a
199	199	171license to practice medicine.
200	200	172 Section 10. (a) Any disciplinary action taken by any member board against a physician
201	201	173licensed through the compact shall be deemed unprofessional conduct which may be subject to
202	202	174discipline by other member boards, in addition to any violation of the Medical Practice Act or
203	203	175regulations in that state. 10 of 27
204	204	176 (b) If a license granted to a physician by the member board in the state of principal
205	205	177license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all
206	206	178licenses issued to the physician by member boards shall automatically be placed, without further
207	207	179action necessary by any member board, on the same status. If the member board in the state of
208	208	180principal license subsequently reinstates the physician’s license, a license issued to the physician
209	209	181by any other member board shall remain encumbered until that respective member board takes
210	210	182action to reinstate the license in a manner consistent with the Medical Practice Act of that state.
211	211	183 (c) If disciplinary action is taken against a physician by a member board not in the state
212	212	184of principal license, any other member board may deem the action conclusive as to the matter of
213	213	185law and fact decided, and:
214	214	186 (1) Impose the same or lesser sanction(s) against the physician so long as such sanctions
215	215	187are consistent with the Medical Practice Act of that state; or
216	216	188 (2) Pursue separate disciplinary action against the physician under its respective Medical
217	217	189Practice Act, regardless of the action taken in other member states.
218	218	190 (d) If a license granted to a physician by a member board is revoked, surrendered or
219	219	191relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any
220	220	192other member board or boards shall be suspended, automatically and immediately without
221	221	193further action necessary by the other member boards, for 90 days upon entry of the order by the
222	222	194disciplining board, to permit the member boards to investigate the basis for the action under the
223	223	195Medical Practice Act of that state. A member board may terminate the automatic suspension of
224	224	196the license it issued prior to the completion of the 90 day suspension period in a manner
225	225	197consistent with the Medical Practice Act of that state. 11 of 27
226	226	198 Section 11. (a) The member states hereby create the “Interstate Medical Licensure
227	227	199Compact Commission”.
228	228	200 (b) The purpose of the Interstate Commission is the administration of the Interstate
229	229	201Medical Licensure Compact, which is a discretionary state function.
230	230	202 (c) The Interstate Commission shall be a body corporate and joint agency of the member
231	231	203states and shall have all the responsibilities, powers, and duties set forth in the compact, and such
232	232	204additional powers as may be conferred upon it by subsequent concurrent action of the respective
233	233	205legislatures of the member states in accordance with the terms of the compact.
234	234	206 (d) The Interstate Commission shall consist of two voting representatives appointed by
235	235	207each member state who shall serve as commissioners. In states where allopathic and osteopathic
236	236	208physicians are regulated by separate member boards, or if the licensing and disciplinary authority
237	237	209is split between separate member boards, or if the licensing and disciplinary authority is split
238	238	210between multiple member boards within a member state, the member state shall appoint one
239	239	211representative from each member board. A commissioner shall be a:
240	240	212 (1) An allopathic or osteopathic physician appointed to a member board;
241	241	213 (2) An executive director, executive secretary, or similar executive of a member board; or
242	242	214 (3) A member of the public appointed to a member board.
243	243	215 (e) The Interstate Commission shall meet at least once each calendar year. A portion of
244	244	216this meeting shall be a business meeting to address such matters as may properly come before the
245	245	217Commission, including the election of officers. The chairperson may call additional meetings
246	246	218and shall call for a meeting upon the request of a majority of the member states. 12 of 27
247	247	219 (f) The bylaws may provide for meetings of the Interstate Commission to be conducted
248	248	220by telecommunication or electronic communication.
249	249	221 (g) Each commissioner participating at a meeting of the Interstate Commission is entitled
250	250	222to one vote. A majority of commissioners shall constitute a quorum for the transaction of
251	251	223business unless a larger quorum is required by the bylaws of the Interstate Commission. A
252	252	224Commission shall not delegate a vote to another commissioner. In the absence of its
253	253	225commissioner, a member state may delegate voting authority for a specified meeting to another
254	254	226person from that state who shall meet the requirements of subsection (d).
255	255	227 (h) The Interstate Commission shall provide public notice of all meetings and all
256	256	228meetings shall be open to the public. The Interstate Commission may close a meeting, in full or
257	257	229in portion, where it determines by a two-thirds vote of the commissioners present that an open
258	258	230meeting would be likely to:
259	259	231 (1) Relate solely to the internal personnel practice and procedures of the Interstate
260	260	232Commission;
261	261	233 (2) Discuss matters specifically exempted from disclosure by federal statute;
262	262	234 (3) Discuss trade secrets, commercial, or financial information that is privileged or
263	263	235confidential;
264	264	236 (4) Involve accusing a person of a crime, or formally censuring a person;
265	265	237 (5) Discuss information of a personal nature where disclosure would constitute a clearly
266	266	238unwarranted invasion of personal privacy;
267	267	239 (6) Discuss investigative records compiled for law enforcement purposes; or 13 of 27
268	268	240 (7) Specifically relate to the participation in a civil action or other legal proceedings.
269	269	241 (i) The Interstate Commission shall keep minutes which shall fully describe all matters
270	270	242discussed in a meeting and shall provide a full and accurate summary of actions taken, including
271	271	243a record of any roll call votes.
272	272	244 (j) The Interstate Commission shall make its information and official records, to the
273	273	245extent not otherwise designated in the compact or by its rules, available to the public for
274	274	246inspection.
275	275	247 (k) The Interstate Commission shall establish an executive committee, which shall
276	276	248include officers, members, and others as determined by the bylaws. The executive committee
277	277	249shall have the power to act on behalf of the Interstate Commission, with the exception of
278	278	250rulemaking, during periods when the Interstate Commission is not in session. When acting on
279	279	251behalf of the Interstate Commission, the executive committee shall oversee the administration of
280	280	252the compact including enforcement and compliance with the provisions of the compact, its
281	281	253bylaws and rules, and other such duties as necessary.
282	282	254 (l) The Interstate Commission shall establish other committees for the governance and
283	283	255administration of the compact.
284	284	256 Section 12. The Interstate Commission shall have the following powers and duties:
285	285	257 (i) Oversee and maintain the administration of the compact;
286	286	258 (ii) Promulgate rules which shall be binding to the extent and in the manner provided for
287	287	259in the compact; 14 of 27
288	288	260 (iii) Issue, upon the request of a member state or member board, advisory opinions
289	289	261concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;
290	290	262 (iv) Enforce compliance with compact provisions, the rules promulgated by the Interstate
291	291	263Commission, and the bylaws, using all necessary and proper means, including but not limited to
292	292	264the use of judicial process;
293	293	265 (v) Establish and appoint committees including, but not limited to, an executive
294	294	266committee as required by section 11, which shall have the power to act on behalf of the Interstate
295	295	267Commission in carrying out its powers and duties;
296	296	268 (vi) Pay, or provide for the payment of the expenses related to the establishment,
297	297	269organization, and ongoing activities of the Interstate Commission;
298	298	270 (vii) Establish and maintain one or more offices;
299	299	271 (viii) Borrow, accept, hire, or contract for services of personnel;
300	300	272 (ix) Purchase and maintain insurance and bonds;
301	301	273 (x) Employ an executive director who shall have such powers to employ, select or
302	302	274appoint employees, agents, or consultants, and to determine their qualifications, define their
303	303	275duties, and fix their compensation;
304	304	276 (xi) Establish personnel policies and programs relating to conflicts of interest, rates of
305	305	277compensation, and qualifications of personnel; 15 of 27
306	306	278 (xii) Accept donations and grants of money, equipment, supplies, materials, and services
307	307	279and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest
308	308	280policies established by the Interstate Commission;
309	309	281 (xiii) Lease, purchase, accept contributions or donations of, or otherwise to own, hold,
310	310	282improve or use, any property, real, personal, or mixed;
311	311	283 (xiv) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
312	312	284any property, real, personal, or mixed;
313	313	285 (xv) Establish a budget and make expenditures;
314	314	286 (xvi) Adopt a seal and bylaws governing the management and operation of the Interstate
315	315	287Commission;
316	316	288 (xvii) Report annually to the legislatures and governors of the member states concerning
317	317	289the activities of the Interstate Commission during the preceding year. Such reports shall also
318	318	290include reports of financial audits and any recommendations that may have been adopted by the
319	319	291Interstate Commission;
320	320	292 (xviii) Coordinate education, training, and public awareness regarding the compact, its
321	321	293implementation, and its operation;
322	322	294 (xix) Maintain records in accordance with the bylaws;
323	323	295 (xx) Seek and obtain trademarks, copyrights, and patents; and
324	324	296 (xxi) Perform such functions as may be necessary or appropriate to achieve the purpose
325	325	297of the compact. 16 of 27
326	326	298 Section 13. (a) The Interstate Commission may levy on and collect an annual assessment
327	327	299from each member state to cover the cost of the operations and activities of the Interstate
328	328	300Commission and its staff. The total assessment must be sufficient to cover the annual budget
329	329	301approved each year for which revenue is not provided by other sources. The aggregate annual
330	330	302assessment amount shall be allocated upon a formula to be determined by the Interstate
331	331	303Commission, which shall promulgate a rule binding upon all member states.
332	332	304 (b) The Interstate Commission shall not incur obligations of any kind prior to securing
333	333	305the funds adequate to meet the same.
334	334	306 (c) The Interstate Commission shall not pledge the credit of any of the member states,
335	335	307except by, and with the authority of, the member state.
336	336	308 (d) The Interstate Commission shall be subject to a yearly financial audit conducted by a
337	337	309certified or licensed accountant and the report of the audit shall be included in the annual report
338	338	310of the Interstate Commission.
339	339	311 Section 14. (a) The Interstate Commission shall, by a majority of Commissioners present
340	340	312and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out
341	341	313the purposes of the compact within 12 months of the first Interstate Commission meeting.
342	342	314 (b) The Interstate Commission shall elect or appoint annually from among its
343	343	315Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such
344	344	316authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s
345	345	317absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate
346	346	318Commission. 17 of 27
347	347	319 (c) Officers selected in subsection (b) shall serve without remuneration for the Interstate
348	348	320Commission.
349	349	321 (d) The officers and employees of the Interstate Commission shall be immune from suit
350	350	322and liability, either personally or in their official capacity, for a claim for damage to or loss of
351	351	323property or personal injury or other civil liability caused or arising out of, or relating to, an actual
352	352	324or alleged act, error, or omission that occurred, or that such person had a reasonable basis for
353	353	325believing occurred, within the scope of Interstate Commission employment, duties, or
354	354	326responsibilities; provided that such person shall not be protected from suit or liability for
355	355	327damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of
356	356	328such person.
357	357	329 (e) The liability of the executive director and employees of the Interstate Commission or
358	358	330representatives of the Interstate Commission, acting within the scope of such person’s
359	359	331employment or duties for acts, errors, or omissions occurring within such person’s state, may not
360	360	332exceed the limits of liability set forth under the constitution and laws of that state for state
361	361	333officials, employees, and agents. The Interstate Commission is considered to be an
362	362	334instrumentality of the states for the purpose of any such action. Nothing in this subsection shall
363	363	335be construed to protect such person from suit or liability for damage, loss, injury, or liability
364	364	336caused by the intentional or willful and wanton misconduct of such person.
365	365	337 (f) The Interstate Commission shall defend the executive director, its employees, and
366	366	338subject to the approval of the attorney general or other appropriate legal counsel of the member
367	367	339state represented by an Interstate Commission representative, shall defend such Interstate
368	368	340Commission representative in any civil action seeking to impose liability arising out of an actual 18 of 27
369	369	341or alleged act, error or omission that occurred within the scope of Interstate Commission
370	370	342employment, duties or responsibilities, or that the defendant had a reasonable basis for believing
371	371	343occurred within the scope of Interstate Commission employment, duties, or responsibilities,
372	372	344provided that the actual or alleged act, error, or omission did not result from intentional or willful
373	373	345and wanton misconduct on the part of such person.
374	374	346 (g) To the extent not covered by the state involved, member state, or the Interstate
375	375	347Commission, the representatives or employees of the Interstate Commission shall be held
376	376	348harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained
377	377	349against such persons arising out of an actual or alleged act, error, or omission that occurred
378	378	350within the scope of the Interstate Commission employment, duties, or responsibilities, or that
379	379	351such persons had a reasonable basis for believing occurred within the scope of Interstate
380	380	352Commission employment, duties, or responsibilities, provided that the actual or alleged act,
381	381	353error, or omission did not result from intentional or willful and wanton misconduct on the part of
382	382	354such person.
383	383	355 Section 15. (a) The Interstate Commission shall promulgate reasonable rules in order to
384	384	356effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in
385	385	357the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond
386	386	358the scope of the purposes of the compact, or the powers granted hereunder, then such an action
387	387	359by the Interstate Commission shall be invalid and have no force or effect.
388	388	360 (b) Rules deemed appropriate for the operations of the Interstate Commission shall be
389	389	361made pursuant to a rulemaking process that substantially conforms to the “Model State
390	390	362Administrative Procedure Act” of 2010 and subsequent amendments thereto. 19 of 27
391	391	363 (c) Not later than 30 days after a rule is promulgated, any person may file a petition for
392	392	364judicial review of the rule in the United States District Court for the District of Columbia or the
393	393	365federal district where the Interstate Commission has its principal offices, provided that the filing
394	394	366of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the
395	395	367court finds that the petitioner has a substantial likelihood of success. The court shall give
396	396	368deference to the actions of the Interstate Commission consistent with applicable law and shall not
397	397	369find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to
398	398	370the Interstate Commission.
399	399	371 Section 16. (a) The executive, legislative, and judicial branches of state government in
400	400	372each member state shall enforce the compact and shall take all actions necessary and appropriate
401	401	373to effectuate the compact’s purposes and intent. The provisions of the compact and the rules
402	402	374promulgated hereunder shall have standing as statutory law but shall not override existing state
403	403	375authority to regulate the practice of medicine.
404	404	376 (b) All courts shall take judicial notice of the compact and the rules in any judicial or
405	405	377administrative proceeding in a member state pertaining to the subject matter of the compact
406	406	378which may affect the powers, responsibilities or actions of the Interstate Commission.
407	407	379 (c) The Interstate Commission shall be entitled to receive all services of process in any
408	408	380such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure
409	409	381to provide service of process to the Interstate Commission shall render a judgment or order void
410	410	382as to the Interstate Commission, the compact, or promulgated rules.
411	411	383 Section 17. (a) The Interstate Commission, in the reasonable exercise of its discretion,
412	412	384shall enforce the provisions and rules of the compact. 20 of 27
413	413	385 (b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal
414	414	386action in the United States Court for the District of Columbia, or, at the discretion of the
415	415	387Interstate Commission, in the federal district where the Interstate Commission has its principal
416	416	388offices, to enforce compliance with the provisions of the compact, and its promulgated rules and
417	417	389bylaws, against a member state in default. The relief sought may including both injunctive relief
418	418	390and damages. In the event judicial enforcement is necessary, the prevailing party shall be
419	419	391awarded all costs of such litigation including reasonable attorney’s fees.
420	420	392 (c) The remedies herein shall not be the exclusive remedies of the Interstate Commission.
421	421	393The Interstate Commission may avail itself of any other remedies available under state law or
422	422	394regulation of a profession.
423	423	395 Section 18. (a) The grounds for default include, but are not limited to, failure of a
424	424	396member state to perform such obligations or responsibilities imposed upon it by the compact, or
425	425	397the rules and bylaws of the Interstate Commission promulgated under the compact.
426	426	398 (b) If the Interstate Commission determines that a member state has defaulted in the
427	427	399performance of its obligations or responsibilities under the compact, or the bylaws or
428	428	400promulgated rules, the Interstate Commission shall:
429	429	401 (1) Provide written notice to the defaulting state and other member states, of the nature of
430	430	402the default, the means of curing the default, and any action taken by the Interstate Commission.
431	431	403The Interstate Commission shall specify the conditions by which the defaulting state must cure
432	432	404its default; and
433	433	405 (2) Provide remedial training and specific technical assistance regarding the default. 21 of 27
434	434	406 (c) If the defaulting state fails to cure the default, the defaulting state shall be terminated
435	435	407from the compact upon an affirmative vote of a majority of the Commissioners and all rights,
436	436	408privileges, and benefits conferred by the compact shall terminate on the effective date of
437	437	409termination. A cure of the default does not relieve the offending state of obligations or liabilities
438	438	410incurred during the period of the default.
439	439	411 (d) Termination of membership in the compact shall be imposed only after all other
440	440	412means of securing compliance have been exhausted. Notice of intent to terminate shall be given
441	441	413by the Interstate Commission to the governor, the majority and minority leaders of the defaulting
442	442	414state’s legislature, and each of the member states.
443	443	415 (e) The Interstate Commission shall establish rules and procedures to address licenses and
444	444	416physicians that are materially impacted by the termination of a member state, or the withdrawal
445	445	417of a member state.
446	446	418 (f) The member state which has been terminated is responsible for all due, obligations,
447	447	419and liabilities incurred through the effective date of termination including obligations, the
448	448	420performance of which extends beyond the effective date of termination.
449	449	421 (g) The Interstate Commission shall not bear any costs relating to any state that has been
450	450	422found to be in default or which has been terminated from the compact, unless otherwise mutually
451	451	423agreed upon in writing between the Interstate Commission and the defaulting state.
452	452	424 (h) The defaulting state may appeal the action of the Interstate Commission by
453	453	425petitioning the United States District Court for the District of Columbia or the federal district
454	454	426where the Interstate Commission has its principal offices. The prevailing party shall be awarded
455	455	427all costs of such litigation including reasonable attorney’s fees. 22 of 27
456	456	428 Section 19. (a) The Interstate Commission shall attempt, upon the request of a member
457	457	429state, to resolve disputes which are subject to the compact and which may arise among member
458	458	430states or member boards.
459	459	431 (b) The Interstate Commission shall promulgate rules providing for both mediation and
460	460	432binding dispute resolution as appropriate.
461	461	433 Section 20. (a) Any state is eligible to become a member of the compact.
462	462	434 (b) The compact shall become effective and binding upon legislative enactment of the
463	463	435compact into law by no less than 7 states. Thereafter, it shall become effective and binding on a
464	464	436state upon enactment of the compact into law by that state.
465	465	437 (c) The governors of non-member states, or their designees, shall be invited to participate
466	466	438in the activities of the Interstate Commission on a non-voting basis prior to the adoption of the
467	467	439compact by all states.
468	468	440 (d) The Interstate Commission may propose amendments to the compact for enactment
469	469	441by the member states. No amendment shall become effective and binding upon the Interstate
470	470	442Commission and the member states unless and until it is enacted into law by unanimous consent
471	471	443of the member states.
472	472	444 Section 21. (a) Once effective, the compact shall continue in force and remain binding
473	473	445upon each and every member state; provided that a member state may withdraw from the
474	474	446compact by specifically repealing the statute which enacted the compact into law.
475	475	447 (b) Withdrawal from the compact shall be by the enactment of a statute repealing the
476	476	448same, but shall not take effect until 1 year after the effective date of such statute and until written 23 of 27
477	477	449notice of the withdrawal has been given by the withdrawing state to the governor of each other
478	478	450member state.
479	479	451 (c) The withdrawing state shall immediately notify the chairperson of the Interstate
480	480	452Commission in writing upon the introduction of legislation repealing the compact in the
481	481	453withdrawing state.
482	482	454 (d) The Interstate Commission shall notify the other member states of the withdrawing
483	483	455state’s intent to withdraw within 60 days of its receipt of notice provided under subsection (c).
484	484	456 (e) The withdrawing state is responsible for all dues, obligations and liabilities incurred
485	485	457through the effective date of withdrawal, including obligations, the performance of which extend
486	486	458beyond the effective date of withdrawal.
487	487	459 (f) Reinstatement following withdrawal of a member state shall occur upon the
488	488	460withdrawing date reenacting the compact or upon such later date as determined by the Interstate
489	489	461Commission.
490	490	462 (g) The Interstate Commission is authorized to develop rules to address the impact of the
491	491	463withdrawal of a member state on licenses granted in other member states to physicians who
492	492	464designated the withdrawing member state as the state of principal license.
493	493	465 Section 22. (a) The compact shall dissolve effective upon the date of the withdrawal or
494	494	466default of the member state which reduces the membership of the compact to 1 member state.
495	495	467 (b) Upon the dissolution of the compact, the compact becomes null and void and shall be
496	496	468of no further force or effect, and the business and affairs of the Interstate Commission shall be
497	497	469concluded, and surplus funds shall be distributed in accordance with the bylaws. 24 of 27
498	498	470 Section 23. (a) The provisions of the compact shall be severable, and if any phrase,
499	499	471clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact
500	500	472shall be enforceable.
501	501	473 (b) The provisions of the compact shall be liberally construed to effectuate its purposes.
502	502	474 (c) Nothing in the compact shall be construed to prohibit the applicability of other
503	503	475interstate compacts to which the member states are members.
504	504	476 Section 24. (a) Nothing herein prevents the enforcement of any other law of a member
505	505	477state that is not inconsistent with the compact.
506	506	478 ) All laws in a member state in conflict with the compact are superseded to the extent of
507	507	479the conflict.
508	508	480 (c) All lawful actions of the Interstate Commission, including all rules and bylaws
509	509	481promulgated by the Commission, are binding upon the member states.
510	510	482 (d) All agreements between the Interstate Commission and the member states are binding
511	511	483in accordance with their terms.
512	512	484 (e) In the event any provision of the compact exceeds the constitutional limits imposed on
513	513	485the legislature of any member state, such provision shall be ineffective to the extent of the
514	514	486conflict with the constitutional provision in question in that member state.
515	515	487 Section 25. (a) The executive director of the board of registration in medicine, or the
516	516	488board executive director’s designee, shall be the administrator of the compact for the
517	517	489commonwealth. 25 of 27
518	518	490 (b) The board of registration in medicine shall adopt regulations in the same manner as
519	519	491all other with states legally joining in the compact and may adopt additional regulations as
520	520	492necessary to implement the provisions of this chapter.
521	521	493 (c) The board of registration in medicine may take disciplinary action against the practice
522	522	494privilege of a physician practicing in the commonwealth under a license issued by particpating
523	523	495state. The board’s disciplinary action may be based on disciplinary action against the physician’s
524	524	496license taken by the physician’s home state.
525	525	497 (d) In reporting information to the coordinated licensure information system under
526	526	498section 8 of this chapter related to the compact, the board of registration in medicine may
527	527	499disclose personally identifiable information about the physician, including social security
528	528	500number.
529	529	501 (e) Nothing in this chapter, nor the entrance of the commonwealth into the Interstate
530	530	502Medical Licensure compact shall be construed to supersede existing labor laws.
531	531	503 (f) The commonwealth, its officers and employees, and the board of registration in
532	532	504medicine and its agents who act in accordance with the provisions of this chapter shall not be
533	533	505liable on account of any act or omission in good faith while engaged in the performance of their
534	534	506duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or
535	535	507recklessness.
536	536	508 Section 26. As part of the licensure and background check process for a multistate license
537	537	509and to determine the suitability of an applicant for multistate licensure, the board of registration
538	538	510in medicine, prior to issuing any multistate license, shall conduct a fingerprint-based check of the 26 of 27
539	539	511state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-
540	540	512544.
541	541	513 Fingerprints shall be submitted to the identification section of the department of state
542	542	514police for a state criminal history check and forwarded to the Federal Bureau of Investigation for
543	543	515a national criminal history check, according to the policies and procedures established by the
544	544	516state identification section and by the department of criminal justice information services.
545	545	517Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state
546	546	518identification section and the department of criminal justice information services for requests
547	547	519submitted by the board of registration in medicine as authorized under this section to ensure the
548	548	520continued suitability of these individuals for licensure. The department of criminal justice
549	549	521information services may disseminate the results of the state and national criminal background
550	550	522checks to the executive director of the board of registration in medicine and authorized staff of
551	551	523the board.
552	552	524 All applicants shall pay a fee to be established by the secretary of administration and
553	553	525finance, in consultation with the secretary of public safety, to offset the costs of operating and
554	554	526administering a fingerprint-based criminal background check system. The secretary of
555	555	527administration and finance, in consultation with the secretary of public safety, may increase the
556	556	528fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check
557	557	529service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited
558	558	530into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of
559	559	531chapter 29. 27 of 27
560	560	532 The board of registration in medicine may receive all criminal offender record
561	561	533information and the results of checks of state and national criminal history databases under said
562	562	534Public Law 92-544. When the board of registration in medicine obtains the results of checks of
563	563	535state and national criminal history databases, it shall treat the information according to sections
564	564	536167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender
565	565	537record information.
566	566	538 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of
567	567	539registration in medicine receives criminal record information from the state or national
568	568	540fingerprint-based criminal background checks that include no disposition or is otherwise
569	569	541incomplete, the agency head may request that an applicant for licensure provide additional
570	570	542information regarding the results of the criminal background checks to assist the agency head in
571	571	543determining the applicant’s suitability for licensure.