12 | 12 | | A BILL TO BE ENTITLED 1 |
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13 | 13 | | AN ACT TO ESTABLISH AN INTERSTATE COMPAC T FOR THE LICENSURE OF THE 2 |
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14 | 14 | | PRACTICE OF MEDICINE AND TO CREATE A PRO CESS FOR INTERNATIONAL 3 |
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15 | 15 | | PHYSICIAN EMPLOYEE LICENSE. 4 |
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16 | 16 | | The General Assembly of North Carolina enacts: 5 |
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17 | 17 | | SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 6 |
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18 | 18 | | to read: 7 |
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19 | 19 | | "Article 1O. 8 |
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20 | 20 | | "Interstate Medical Licensure Compact. 9 |
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21 | 21 | | "§ 90-21.160. Short title. 10 |
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22 | 22 | | This Article shall be known as the "Interstate Medical Licensure Compact." 11 |
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23 | 23 | | "§ 90-21.161. Purpose. 12 |
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24 | 24 | | (a) The purpose of this Article is to strengthen access to health care, and, in recognition 13 |
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25 | 25 | | of the advances in the delivery of health care, the member states of the Interstate Medical 14 |
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26 | 26 | | Licensure Compact (Compact) have allied in common purpose to develop a comprehensive 15 |
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27 | 27 | | process that complements the existing licensing and regulatory authority of state medical boards 16 |
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28 | 28 | | and to provide a streamlined process that allows physicians to become licensed in multiple states, 17 |
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29 | 29 | | thereby enhancing the portability of a medical license and ensuring the safety of patients. 18 |
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30 | 30 | | (b) The Interstate Medical Licensure Compact creates another pathway for licensure and 19 |
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31 | 31 | | does not otherwise change a state's existing medical practice act or provisions. The Compact 20 |
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32 | 32 | | adopts the prevailing standard for licensure and affirms that the practice of medicine occurs 21 |
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33 | 33 | | where the patient is located at the time of the physician-patient encounter and, therefore, requires 22 |
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34 | 34 | | the physician to be under the jurisdiction of the state medical board where the patient is located. 23 |
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35 | 35 | | State medical boards that participate in the Compact retain the jurisdiction to impose an adverse 24 |
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36 | 36 | | action against a license to practice medicine in that state issued to a physician through the 25 |
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37 | 37 | | procedures of the Compact. 26 |
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38 | 38 | | "§ 90-21.162. Definitions. 27 |
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39 | 39 | | The following definitions apply in this Article: 28 |
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40 | 40 | | (1) Bylaws. – Bylaws established by the Interstate Commission pursuant to 29 |
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41 | 41 | | G.S. 90-21.171. 30 |
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42 | 42 | | (2) Commissioner. – The voting representative appointed by each member board 31 |
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43 | 43 | | pursuant to G.S. 90-21.171. 32 |
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44 | 44 | | (3) Conviction. – A finding by a court that an individual is guilty of a criminal 33 |
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45 | 45 | | offense through adjudication, or entry of a plea of guilty or no contest to the 34 |
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46 | 46 | | charge by the offender. Evidence of an entry of a conviction of a criminal 35 General Assembly Of North Carolina Session 2025 |
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48 | 48 | | offense by a court shall be considered final for purposes of disciplinary action 1 |
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49 | 49 | | by a member board. 2 |
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50 | 50 | | (4) Expedited license. – A full and unrestricted medical license granted by a 3 |
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51 | 51 | | member state to an eligible physician through the process set forth in the 4 |
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52 | 52 | | Compact. 5 |
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53 | 53 | | (5) Interstate Commission. – The Interstate Medical Licensure Compact 6 |
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54 | 54 | | Commission created pursuant to G.S. 90-21.171. 7 |
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55 | 55 | | (6) License. – The authorization by a member state for a physician to engage in 8 |
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56 | 56 | | the practice of medicine, which would be unlawful without authorization. 9 |
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57 | 57 | | (7) Medical practice act. – Laws and regulations governing the practice of 10 |
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58 | 58 | | allopathic and osteopathic medicine within a member state. 11 |
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59 | 59 | | (8) Member board. – A state agency in a member state that acts in the sovereign 12 |
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60 | 60 | | interests of the state by protecting the public through licensure, regulation, and 13 |
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61 | 61 | | education of physicians as directed by the state government. 14 |
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62 | 62 | | (9) Member state. – A state that has enacted the Compact. 15 |
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63 | 63 | | (10) Offense. – A felony, gross misdemeanor, or crime of moral turpitude. 16 |
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64 | 64 | | (11) Physician. – Any person who meets all of the following qualifications: 17 |
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65 | 65 | | a. Is a graduate of a medical school accredited by the Liaison Committee 18 |
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66 | 66 | | on Medical Education, the Commission on Osteopathic College 19 |
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67 | 67 | | Accreditation, or a medical school listed in the International Medical 20 |
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68 | 68 | | Education Directory or its equivalent. 21 |
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69 | 69 | | b. Has passed each component of the United States Medical Licensing 22 |
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70 | 70 | | Examination (USMLE) or the Comprehensive Osteopathic Medical 23 |
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71 | 71 | | Licensing Examination (COMLEX-USA) within three attempts, or 24 |
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72 | 72 | | any of its predecessor examinations accepted by a state medical board 25 |
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73 | 73 | | as an equivalent examination for licensure purposes. 26 |
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74 | 74 | | c. Has successfully completed graduate medical education approved by 27 |
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75 | 75 | | the Accreditation Council for Graduate Medical Education or the 28 |
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76 | 76 | | American Osteopathic Association. 29 |
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77 | 77 | | d. Holds specialty certification or a time-unlimited specialty certificate 30 |
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78 | 78 | | recognized by the American Board of Medical Specialties or the 31 |
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79 | 79 | | American Osteopathic Association's Bureau of Osteopathic 32 |
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80 | 80 | | Specialists. 33 |
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81 | 81 | | e. Possesses a full and unrestricted license to engage in the practice of 34 |
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82 | 82 | | medicine issued by a member board. 35 |
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83 | 83 | | f. Has never been convicted, received adjudication, deferred 36 |
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84 | 84 | | adjudication, community supervision, or deferred disposition for any 37 |
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85 | 85 | | offense by a court of appropriate jurisdiction. 38 |
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86 | 86 | | g. Has never held a license authorizing the practice of medicine subjected 39 |
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87 | 87 | | to discipline by a licensing agency in any state, federal, or foreign 40 |
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88 | 88 | | jurisdiction, excluding any action related to nonpayment of fees 41 |
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89 | 89 | | related to a license. 42 |
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90 | 90 | | h. Has never had a controlled substance license or permit suspended or 43 |
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91 | 91 | | revoked by a state or the United States Drug Enforcement 44 |
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92 | 92 | | Administration. 45 |
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93 | 93 | | i. Is not under active investigation by a licensing agency or law 46 |
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94 | 94 | | enforcement authority in any state, federal, or foreign jurisdiction. 47 |
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95 | 95 | | (12) Practice of medicine. – Clinical prevention, diagnosis, or treatment of human 48 |
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96 | 96 | | disease, injury, or condition requiring a physician to obtain and maintain a 49 |
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97 | 97 | | license in compliance with the medical practice act of a member state. 50 General Assembly Of North Carolina Session 2025 |
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99 | 99 | | (13) Rule. – A written statement by the Interstate Commission promulgated 1 |
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100 | 100 | | pursuant to G.S. 90-21.172 that is of general applicability, implements, 2 |
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101 | 101 | | interprets, or prescribes a policy or provision of the Compact, or an 3 |
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102 | 102 | | organizational, procedural, or practice requirement of the Interstate 4 |
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103 | 103 | | Commission, and has the force and effect of statutory law in a member state, 5 |
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104 | 104 | | and includes the amendment, repeal, or suspension of an existing rule. 6 |
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105 | 105 | | (14) State. – Any state, commonwealth, district, or territory of the United States. 7 |
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106 | 106 | | (15) State of principal license. – A member state where a physician holds a license 8 |
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107 | 107 | | to practice medicine and which has been designated as such by the physician 9 |
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108 | 108 | | for purposes of registration and participation in the Compact. 10 |
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109 | 109 | | "§ 90-21.163. Eligibility. 11 |
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110 | 110 | | (a) A physician must meet the eligibility requirements as defined in G.S. 90-21.162(11) 12 |
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111 | 111 | | to receive an expedited license under the terms and provisions of the Compact. 13 |
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112 | 112 | | (b) A physician who does not meet the requirements of G.S. 90-21.162(11) may obtain a 14 |
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113 | 113 | | license to practice medicine in a member state if the individual complies with all laws and 15 |
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114 | 114 | | requirements, other than the Compact, relating to the issuance of a license to practice medicine 16 |
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115 | 115 | | in that state. 17 |
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116 | 116 | | "§ 90-21.164. Designation of state of principal license. 18 |
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117 | 117 | | (a) A physician shall designate a member state as the state of principal license for 19 |
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118 | 118 | | purposes of registration for expedited licensure through the Compact if the physician possesses 20 |
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119 | 119 | | a full and unrestricted license to practice medicine in that state, and that state meets any one of 21 |
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120 | 120 | | the following qualifications: 22 |
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121 | 121 | | (1) The state is the principal residence for the physician. 23 |
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122 | 122 | | (2) The physician conducts at least twenty-five percent (25%) of their practice of 24 |
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123 | 123 | | medicine in the state. 25 |
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124 | 124 | | (3) The state is the location of the physician's employer. 26 |
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125 | 125 | | If no state qualifies under subdivision (1), (2), or (3) of this subsection, then the physician 27 |
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126 | 126 | | may designate the state of residence for the purpose of federal income tax as their state of 28 |
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127 | 127 | | principal license. 29 |
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128 | 128 | | (b) A physician may redesignate a member state as a state of principal license at any time, 30 |
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129 | 129 | | as long as the state meets the requirements of subsection (a) of this section. 31 |
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130 | 130 | | (c) The Interstate Commission is authorized to develop rules to facilitate redesignation 32 |
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131 | 131 | | of another member state as the state of principal license. 33 |
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132 | 132 | | "§ 90-21.165. Application and issuance of expedited licensure. 34 |
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133 | 133 | | (a) A physician seeking licensure through the Compact shall file an application for an 35 |
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134 | 134 | | expedited license with the member board of the state selected by the physician as the state of 36 |
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135 | 135 | | principal license. 37 |
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136 | 136 | | (b) Upon receipt of an application for an expedited license, the member board within the 38 |
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137 | 137 | | state selected as the state of principal license shall evaluate whether the physician is eligible for 39 |
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138 | 138 | | expedited licensure and issue a letter of qualification, verifying or denying the physician's 40 |
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139 | 139 | | eligibility, to the Interstate Commission. 41 |
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140 | 140 | | (c) Static qualifications, which include verification of medical education, graduate 42 |
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141 | 141 | | medical education, results of any medical or licensing examination, and other qualifications as 43 |
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142 | 142 | | determined by the Interstate Commission through rule, shall not be subject to additional primary 44 |
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143 | 143 | | source verification where already primary source verified by the state of principal license. 45 |
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144 | 144 | | (d) The member board within the state selected as the state of principal license shall, in 46 |
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145 | 145 | | the course of verifying eligibility, perform a criminal background check of an applicant, 47 |
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146 | 146 | | including the use of the results of fingerprint or other biometric data checks in compliance with 48 |
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147 | 147 | | the requirements of the Federal Bureau of Investigation, with the exception of federal employees 49 |
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148 | 148 | | who have suitability determination in accordance with 5 C.F.R. § 731.202. 50 General Assembly Of North Carolina Session 2025 |
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150 | 150 | | (e) Appeal on the determination of eligibility to the member state shall be made to the 1 |
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151 | 151 | | member state where the application was filed and shall be subject to the laws of that state. 2 |
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152 | 152 | | (f) Upon verification of eligibility in subsection (b) of this section, physicians eligible 3 |
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153 | 153 | | for an expedited license shall complete the registration process established by the Interstate 4 |
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154 | 154 | | Commission to receive a license in a member state selected pursuant to subsection (a) of this 5 |
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155 | 155 | | section, including the payment of any applicable fees. 6 |
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156 | 156 | | (g) After receiving verification of eligibility under subsection (b) of this section and any 7 |
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157 | 157 | | fees under subsection (f) of this section, a member board shall issue an expedited license to the 8 |
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158 | 158 | | physician. This license shall authorize the physician to practice medicine in the issuing state 9 |
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159 | 159 | | consistent with the medical practice act and all applicable laws and regulations of the issuing 10 |
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160 | 160 | | member board and member state. 11 |
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161 | 161 | | (h) An expedited license shall be valid for a period consistent with the licensure period 12 |
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162 | 162 | | in the member state and in the same manner as required for other physicians holding a full and 13 |
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163 | 163 | | unrestricted license within the member state. 14 |
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164 | 164 | | (i) An expedited license obtained through the Compact shall be terminated if a physician 15 |
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165 | 165 | | fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without 16 |
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166 | 166 | | redesignation of a new state of principal licensure. 17 |
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167 | 167 | | (j) The Interstate Commission is authorized to develop rules regarding the application 18 |
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168 | 168 | | process, including payment of any applicable fees, and the issuance of an expedited license. 19 |
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169 | 169 | | "§ 90-21.166. Fees for expedited licensure. 20 |
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170 | 170 | | (a) A member state issuing an expedited license authorizing the practice of medicine in 21 |
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171 | 171 | | that state may impose a fee for a license issued or renewed through the Compact. 22 |
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172 | 172 | | (b) The Interstate Commission is authorized to develop rules regarding fees for expedited 23 |
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173 | 173 | | licenses. 24 |
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174 | 174 | | "§ 90-21.167. Renewal and continued participation. 25 |
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175 | 175 | | (a) A physician seeking to renew an expedited license granted in a member state shall 26 |
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176 | 176 | | complete a renewal process with the Interstate Commission if the physician meets all of the 27 |
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177 | 177 | | following qualifications: 28 |
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178 | 178 | | (1) Maintains a full and unrestricted license in a state of principal license. 29 |
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179 | 179 | | (2) Has not been convicted, received adjudication, deferred adjudication, 30 |
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180 | 180 | | community supervision, or deferred disposition for any offense by a court of 31 |
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181 | 181 | | appropriate jurisdiction. 32 |
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182 | 182 | | (3) Has not had a license authorizing the practice of medicine subject to discipline 33 |
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183 | 183 | | by a licensing agency in any state, federal, or foreign jurisdiction, excluding 34 |
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184 | 184 | | any action related to nonpayment of fees related to a license. 35 |
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185 | 185 | | (4) Has not had a controlled substance license or permit suspended or revoked by 36 |
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186 | 186 | | a state or the United States Drug Enforcement Administration. 37 |
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187 | 187 | | (b) Physicians shall comply with all continuing professional development or continuing 38 |
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188 | 188 | | medical education requirements for renewal of a license issued by a member state. 39 |
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189 | 189 | | (c) The Interstate Commission shall collect any renewal fees charged for the renewal of 40 |
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190 | 190 | | a license and distribute the fees to the applicable member board. 41 |
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191 | 191 | | (d) Upon receipt of any renewal fees collected under subsection (c) of this section, a 42 |
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192 | 192 | | member board shall renew the physician's license. 43 |
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193 | 193 | | (e) Physician information collected by the Interstate Commission during the renewal 44 |
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194 | 194 | | process will be distributed to all member boards. 45 |
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195 | 195 | | (f) The Interstate Commission is authorized to develop rules to address renewal of 46 |
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196 | 196 | | licenses obtained through the Compact. 47 |
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197 | 197 | | "§ 90-21.168. Coordinated information system. 48 |
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198 | 198 | | (a) The Interstate Commission shall establish a database of all physicians who are 49 |
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199 | 199 | | licensed, or who have applied for licensure, under G.S. 90-21.165. 50 General Assembly Of North Carolina Session 2025 |
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201 | 201 | | (b) Notwithstanding any other provision of law, member boards shall report to the 1 |
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202 | 202 | | Interstate Commission any public action or complaints against a licensed physician who has 2 |
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203 | 203 | | applied or received an expedited license through the Compact. 3 |
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204 | 204 | | (c) Member boards shall report disciplinary or investigatory information determined as 4 |
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205 | 205 | | necessary and proper by rule of the Interstate Commission. 5 |
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206 | 206 | | (d) Member boards may report any nonpublic complaint, disciplinary, or investigatory 6 |
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207 | 207 | | information not required by subsection (c) of this section to the Interstate Commission. 7 |
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208 | 208 | | (e) Member boards shall share complaint or disciplinary information about a physician 8 |
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209 | 209 | | upon request of another member board. 9 |
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210 | 210 | | (f) All information provided to the Interstate Commission or distributed by member 10 |
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211 | 211 | | boards shall be confidential, filed under seal, and used only for investigatory or disciplinary 11 |
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212 | 212 | | matters. 12 |
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213 | 213 | | (g) The Interstate Commission is authorized to develop rules for mandated or 13 |
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214 | 214 | | discretionary sharing of information by member boards. 14 |
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215 | 215 | | "§ 90-21.169. Joint investigations. 15 |
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216 | 216 | | (a) Licensure and disciplinary records are deemed investigative. 16 |
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217 | 217 | | (b) In addition to authority granted to a member board by its respective medical practice 17 |
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218 | 218 | | act or other applicable state law, a member board may participate with other member boards in 18 |
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219 | 219 | | joint investigations of physicians licensed by the member boards. 19 |
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220 | 220 | | (c) A subpoena issued by a member state shall be enforceable in other member states. 20 |
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221 | 221 | | (d) Member boards may share any investigative, litigation, or compliance materials in 21 |
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222 | 222 | | furtherance of any joint or individual investigation initiated under the Compact. 22 |
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223 | 223 | | (e) Any member state may investigate actual or alleged violations of the statutes 23 |
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224 | 224 | | authorizing the practice of medicine in any other member state in which a physician holds a 24 |
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225 | 225 | | license to practice medicine. 25 |
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226 | 226 | | "§ 90-21.170. Disciplinary actions. 26 |
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227 | 227 | | (a) Any disciplinary action taken by any member board against a physician licensed 27 |
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228 | 228 | | through the Compact shall be deemed unprofessional conduct which may be subject to discipline 28 |
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229 | 229 | | by other member boards, in addition to any violation of the medical practice act or regulations in 29 |
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230 | 230 | | that state. 30 |
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231 | 231 | | (b) If a license granted to a physician by the member board in the state of principal license 31 |
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232 | 232 | | is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then all licenses issued 32 |
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233 | 233 | | to the physician by member boards shall automatically be placed, without further action 33 |
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234 | 234 | | necessary by any member board, on the same status. If the member board in the state of principal 34 |
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235 | 235 | | license subsequently reinstates the physician's license, a license issued to the physician by any 35 |
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236 | 236 | | other member board shall remain encumbered until that respective member board takes action to 36 |
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237 | 237 | | reinstate the license in a manner consistent with the medical practice act of that state. 37 |
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238 | 238 | | (c) If disciplinary action is taken against a physician by a member board not in the state 38 |
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239 | 239 | | of principal license, any other member board may deem the action conclusive as to matter of law 39 |
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240 | 240 | | and fact decided and take one of the following actions: 40 |
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241 | 241 | | (1) Impose the same or lesser sanctions against the physician consistent with the 41 |
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242 | 242 | | medical practice act of that state. 42 |
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243 | 243 | | (2) Pursue separate disciplinary action against the physician under its respective 43 |
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244 | 244 | | medical practice act, regardless of the action taken in other member states. 44 |
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245 | 245 | | (d) If a license granted to a physician by a member board is revoked, surrendered, or 45 |
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246 | 246 | | relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any 46 |
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247 | 247 | | other member boards shall be suspended, automatically and immediately without further action 47 |
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248 | 248 | | necessary by the other member boards, for 90 days upon entry of the order by the disciplining 48 |
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249 | 249 | | board, to permit the member boards to investigate the basis for the action under the medical 49 |
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250 | 250 | | practice act of that state. A member board may terminate the automatic suspension of the license 50 General Assembly Of North Carolina Session 2025 |
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252 | 252 | | it issued prior to the completion of the 90-day suspension period in a manner consistent with the 1 |
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253 | 253 | | medical practice act of that state. 2 |
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254 | 254 | | "§ 90-21.171. Interstate Medical Licensure Compact Commission. 3 |
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255 | 255 | | (a) The member states hereby create the "Interstate Medical Licensure Compact 4 |
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256 | 256 | | Commission." 5 |
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257 | 257 | | (b) The purpose of the Interstate Commission is the administration of the Interstate 6 |
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258 | 258 | | Medical Licensure Compact, which is a discretionary state function. 7 |
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259 | 259 | | (c) The Interstate Commission shall be a body corporate and joint agency of the member 8 |
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260 | 260 | | states and shall have all of the responsibilities, powers, and duties set forth in the Compact, and 9 |
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261 | 261 | | additional powers as may be conferred upon it by a subsequent concurrent action of the respective 10 |
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262 | 262 | | legislatures of the member states in accordance with the terms of the Compact. 11 |
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263 | 263 | | (d) The Interstate Commission shall consist of two voting representatives appointed by 12 |
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264 | 264 | | each member state who shall serve as Commissioners. In states where allopathic and osteopathic 13 |
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265 | 265 | | physicians are regulated by separate member boards, or if the licensing and disciplinary authority 14 |
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266 | 266 | | is split between separate member boards, or if the licensing and disciplinary authority is split 15 |
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267 | 267 | | between multiple member boards within a member state, the member state shall appoint one 16 |
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268 | 268 | | representative from each member board. A Commissioner shall meet one of the following 17 |
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269 | 269 | | qualifications: 18 |
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270 | 270 | | (1) An allopathic or osteopathic physician appointed to a member board. 19 |
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271 | 271 | | (2) An executive director, executive secretary, or similar executive member of a 20 |
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272 | 272 | | member board. 21 |
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273 | 273 | | (3) A member of the public appointed to a member board. 22 |
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274 | 274 | | (e) The Interstate Commission shall meet at least once each calendar year. A portion of 23 |
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275 | 275 | | this meeting shall be a business meeting to address matters that come properly before the 24 |
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276 | 276 | | Commission and for the election of officers. The chairperson may call additional meetings and 25 |
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277 | 277 | | shall call for a meeting upon the request of a majority of the member states. 26 |
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278 | 278 | | (f) The bylaws may provide for meetings of the Interstate Commission to be conducted 27 |
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279 | 279 | | by telecommunication or electronic communication. 28 |
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280 | 280 | | (g) Each Commissioner participating at a meeting of the Interstate Commission is entitled 29 |
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281 | 281 | | to one vote. A majority of Commissioners shall constitute a quorum for the transaction of 30 |
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282 | 282 | | business, unless a larger quorum is required by the bylaws adopted by the Interstate Commission. 31 |
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283 | 283 | | A Commissioner shall not delegate a vote to another Commissioner. In the absence of its 32 |
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284 | 284 | | Commissioner, a member state may delegate voting authority for a specified meeting to another 33 |
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285 | 285 | | person from that state who shall meet the requirements of subsection (d) of this section. 34 |
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286 | 286 | | (h) The Interstate Commission shall provide public notice of all meetings, and all 35 |
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287 | 287 | | meetings shall be open to the public. The Interstate Commission may close a meeting, in full or 36 |
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288 | 288 | | in portion, where it determines by a two-thirds vote of the Commissioners present that an open 37 |
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289 | 289 | | meeting would be likely to: 38 |
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290 | 290 | | (1) Relate solely to the internal personnel practice and procedures of the Interstate 39 |
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291 | 291 | | Commission. 40 |
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292 | 292 | | (2) Discuss matters specifically exempted from disclosure by federal statute. 41 |
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293 | 293 | | (3) Discuss trade secrets, commercial, or financial information that is privileged 42 |
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294 | 294 | | or confidential. 43 |
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295 | 295 | | (4) Involve accusing a person of a crime, or formally censuring a person. 44 |
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296 | 296 | | (5) Discuss information of a personal nature where disclosure would constitute a 45 |
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297 | 297 | | clearly unwarranted invasion of personal privacy. 46 |
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298 | 298 | | (6) Discuss investigative records compiled for law enforcement purposes. 47 |
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299 | 299 | | (7) Specifically relate to the participation in a civil action or other legal 48 |
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300 | 300 | | proceeding. 49 General Assembly Of North Carolina Session 2025 |
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302 | 302 | | (i) The Interstate Commission shall keep minutes which shall fully describe all matters 1 |
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303 | 303 | | discussed in a meeting and shall provide a full and accurate summary of actions taken, including 2 |
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304 | 304 | | record of any roll call votes. 3 |
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305 | 305 | | (j) The Interstate Commission shall make its information and official records, to the 4 |
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306 | 306 | | extent not otherwise designated in the Compact or by its rules, available for public inspection. 5 |
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307 | 307 | | (k) The Interstate Commission shall establish an executive committee, which shall 6 |
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308 | 308 | | include officers, members, and others as determined by the bylaws. The executive committee 7 |
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309 | 309 | | shall have the power to act on behalf of the Interstate Commission, with the exception of 8 |
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310 | 310 | | rulemaking, during periods when the Interstate Commission is not in session. When acting on 9 |
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311 | 311 | | behalf of the Interstate Commission, the executive committee shall oversee the administration of 10 |
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312 | 312 | | the Compact, including enforcement and compliance with the provisions of the Compact, its 11 |
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313 | 313 | | bylaws and rules, and other such duties as necessary. 12 |
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314 | 314 | | (l) The Interstate Commission shall establish other committees for governance and 13 |
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315 | 315 | | administration of the Compact. 14 |
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316 | 316 | | "§ 90-21.172. Powers and duties of the Interstate Commission. 15 |
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317 | 317 | | The Interstate Commission has the following powers and duties: 16 |
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318 | 318 | | (1) Oversee and maintain the administration of the Compact. 17 |
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319 | 319 | | (2) Promulgate rules which shall be binding to the extent and in the manner 18 |
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320 | 320 | | provided for in the Compact. 19 |
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321 | 321 | | (3) Issue, upon the request of a member state or member board, advisory opinions 20 |
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322 | 322 | | concerning the meaning or interpretation of the Compact, its bylaws, rules, 21 |
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323 | 323 | | and actions. 22 |
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324 | 324 | | (4) Enforce compliance with Compact provisions, the rules promulgated by the 23 |
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325 | 325 | | Interstate Commission, and the bylaws, using all necessary and proper means, 24 |
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326 | 326 | | including, but not limited to, the use of the judicial process. 25 |
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327 | 327 | | (5) Establish and appoint committees, including, but not limited to, an executive 26 |
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328 | 328 | | committee as required by G.S. 90-21.171, which shall have the power to act 27 |
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329 | 329 | | on behalf of the Interstate Commission in carrying out its powers and duties. 28 |
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330 | 330 | | (6) Pay or provide payment of the expenses related to the establishment, 29 |
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331 | 331 | | organization, and ongoing activities of the Interstate Commission. 30 |
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332 | 332 | | (7) Establish and maintain one or more offices. 31 |
---|
333 | 333 | | (8) Borrow, accept, hire, or contract for services of personnel. 32 |
---|
334 | 334 | | (9) Purchase and maintain insurance and bonds. 33 |
---|
335 | 335 | | (10) Employ an executive director who shall have such powers to employ, select, 34 |
---|
336 | 336 | | or appoint employees, agents, or consultants, and to determine their 35 |
---|
337 | 337 | | qualifications, define their duties, and fix their compensation. 36 |
---|
338 | 338 | | (11) Establish personnel policies and programs relating to conflicts of interest, 37 |
---|
339 | 339 | | rates of compensation, and qualifications of personnel. 38 |
---|
340 | 340 | | (12) Accept donations and grants of money, equipment, supplies, materials, and 39 |
---|
341 | 341 | | services and to receive, utilize, and dispose of it in a manner consistent with 40 |
---|
342 | 342 | | the conflict of interest policies established by the Interstate Commission. 41 |
---|
343 | 343 | | (13) Lease, purchase, accept contributions or donations of, or otherwise to hold, 42 |
---|
344 | 344 | | own, improve, or use any property, real, personal, or mixed. 43 |
---|
345 | 345 | | (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 44 |
---|
346 | 346 | | dispose of any property, real, personal, or mixed. 45 |
---|
347 | 347 | | (15) Establish a budget and make expenditures. 46 |
---|
348 | 348 | | (16) Adopt a seal and bylaws governing the management and operation of the 47 |
---|
349 | 349 | | Interstate Commission. 48 |
---|
350 | 350 | | (17) Report annually to the legislatures and governors of the member states 49 |
---|
351 | 351 | | concerning the activities of the Interstate Commission during the preceding 50 General Assembly Of North Carolina Session 2025 |
---|
353 | 353 | | year. Such reports shall also include reports of financial audits and any 1 |
---|
354 | 354 | | recommendations that may have been adopted by the Interstate Commission. 2 |
---|
355 | 355 | | (18) Coordinate education, training, and public awareness regarding the Compact, 3 |
---|
356 | 356 | | its implementation, and its operation. 4 |
---|
357 | 357 | | (19) Maintain records in accordance with the bylaws. 5 |
---|
358 | 358 | | (20) Seek and obtain trademarks, copyrights, and patents. 6 |
---|
359 | 359 | | (21) Perform such functions as may be necessary or appropriate to achieve the 7 |
---|
360 | 360 | | purpose of the Compact. 8 |
---|
361 | 361 | | "§ 90-21.173. Finance powers. 9 |
---|
362 | 362 | | (a) The Interstate Commission may levy on and collect an annual assessment from each 10 |
---|
363 | 363 | | member state to cover the cost of the operations and activities of the Interstate Commission and 11 |
---|
364 | 364 | | its staff. The total assessment must be sufficient to cover the annual budget approved each year 12 |
---|
365 | 365 | | for which revenue is not provided by other sources. The aggregate annual assessment amount 13 |
---|
366 | 366 | | shall be allocated upon a formula to be determined by the Interstate Commission, which shall 14 |
---|
367 | 367 | | promulgate a rule binding upon all member states. 15 |
---|
368 | 368 | | (b) The Interstate Commission shall not incur obligations of any kind prior to securing 16 |
---|
369 | 369 | | the funds adequate to meet the same. 17 |
---|
370 | 370 | | (c) The Interstate Commission shall not pledge the credit of any of the member states, 18 |
---|
371 | 371 | | except by, and with the authority of, the member state. 19 |
---|
372 | 372 | | (d) The Interstate Commission shall be subject to a yearly financial audit conducted by a 20 |
---|
373 | 373 | | certified or licensed accountant, and the report of the audit shall be included in the annual report 21 |
---|
374 | 374 | | of the Interstate Commission. 22 |
---|
375 | 375 | | "§ 90-21.174. Organization and operation of the Interstate Commission. 23 |
---|
376 | 376 | | (a) The Interstate Commission shall, by a majority of Commissioners present and voting, 24 |
---|
377 | 377 | | adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes 25 |
---|
378 | 378 | | of the Compact within 12 months of the first Interstate Commission meeting. 26 |
---|
379 | 379 | | (b) The Interstate Commission shall elect or appoint annually from among its 27 |
---|
380 | 380 | | Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such 28 |
---|
381 | 381 | | authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's 29 |
---|
382 | 382 | | absence or disability the vice-chairperson, shall preside at all meetings of the Interstate 30 |
---|
383 | 383 | | Commission. 31 |
---|
384 | 384 | | (c) Officers selected in subsection (b) of this section shall serve without remuneration for 32 |
---|
385 | 385 | | the Interstate Commission. 33 |
---|
386 | 386 | | (d) The officers and employees of the Interstate Commission shall be immune from suit 34 |
---|
387 | 387 | | and liability, either personally or in their official capacity, for a claim for damage to or loss of 35 |
---|
388 | 388 | | property or personal injury or other civil liability caused or arising out of, or relating to, an actual 36 |
---|
389 | 389 | | or alleged act, error, or omission that occurred, or that such person had a reasonable basis for 37 |
---|
390 | 390 | | believing occurred, within the scope of Interstate Commission employment, duties, or 38 |
---|
391 | 391 | | responsibilities, provided that such person shall not be protected from suit or liability for damage, 39 |
---|
392 | 392 | | loss, injury, or liability caused by the intentional or willful and wanton misconduct of such 40 |
---|
393 | 393 | | person. 41 |
---|
394 | 394 | | (e) The liability of the executive director and employees of the Interstate Commission or 42 |
---|
395 | 395 | | representatives of the Interstate Commission, acting within the scope of such person's 43 |
---|
396 | 396 | | employment or duties for acts, errors, or omissions occurring within such person's state, may not 44 |
---|
397 | 397 | | exceed the limits of liability set forth under the constitution and laws of that state for state 45 |
---|
398 | 398 | | officials, employees, and agents. The Interstate Commission is considered to be an 46 |
---|
399 | 399 | | instrumentality of the states for the purpose of any such action. Nothing in this subsection shall 47 |
---|
400 | 400 | | be construed to protect such person from suit or liability for damage, loss, injury, or liability 48 |
---|
401 | 401 | | caused by the intentional or willful and wanton misconduct of such person. 49 |
---|
402 | 402 | | (f) The Interstate Commission shall defend the executive director, its employees, and 50 |
---|
403 | 403 | | subject to the approval of the attorney general or other appropriate legal counsel of the member 51 General Assembly Of North Carolina Session 2025 |
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405 | 405 | | state represented by an Interstate Commission representative, shall defend such Interstate 1 |
---|
406 | 406 | | Commission representative in any civil action seeking to impose liability arising out of an actual 2 |
---|
407 | 407 | | or alleged act, error, or omission that occurred within the scope of Interstate Commission 3 |
---|
408 | 408 | | employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing 4 |
---|
409 | 409 | | occurred within the scope of Interstate Commission employment, duties, or responsibilities, 5 |
---|
410 | 410 | | provided that the actual or alleged act, error, or omission did not result from intentional or willful 6 |
---|
411 | 411 | | and wanton misconduct on the part of such person. 7 |
---|
412 | 412 | | (g) To the extent not covered by the state involved, member state, or the Interstate 8 |
---|
413 | 413 | | Commission, the representatives or employees of the Interstate Commission shall be held 9 |
---|
414 | 414 | | harmless in the amount of a settlement or judgment, including attorneys' fees and costs, obtained 10 |
---|
415 | 415 | | against such persons arising out of an actual or alleged act, error, or omission that occurred within 11 |
---|
416 | 416 | | the scope of Interstate Commission employment, duties, or responsibilities, or that such persons 12 |
---|
417 | 417 | | had a reasonable basis for believing occurred within the scope of Interstate Commission 13 |
---|
418 | 418 | | employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission 14 |
---|
419 | 419 | | did not result from intentional or willful and wanton misconduct on the part of such person. 15 |
---|
420 | 420 | | "§ 90-21.175. Rulemaking functions of the Interstate Commission. 16 |
---|
421 | 421 | | (a) The Interstate Commission shall promulgate reasonable rules in order to effectively 17 |
---|
422 | 422 | | and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event 18 |
---|
423 | 423 | | the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope 19 |
---|
424 | 424 | | of the purposes of the Compact, or the powers granted hereunder, then such an action by the 20 |
---|
425 | 425 | | Interstate Commission shall be invalid and have no force or effect. 21 |
---|
426 | 426 | | (b) Rules deemed appropriate for the operations of the Interstate Commission shall be 22 |
---|
427 | 427 | | made pursuant to a rulemaking process that substantially conforms to the "Revised Model State 23 |
---|
428 | 428 | | Administrative Procedure Act" of 2010, and subsequent amendments thereto. 24 |
---|
429 | 429 | | (c) Not later than 30 days after a rule is promulgated, any person may file a petition for 25 |
---|
430 | 430 | | judicial review of the rule in the United States District Court for the District of Columbia or the 26 |
---|
431 | 431 | | federal district where the Interstate Commission has its principal offices, provided that the filing 27 |
---|
432 | 432 | | of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the 28 |
---|
433 | 433 | | court finds that the petitioner has substantial likelihood of success. The court shall give deference 29 |
---|
434 | 434 | | to the actions of the Interstate Commission consistent with applicable law and shall not find the 30 |
---|
435 | 435 | | rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the 31 |
---|
436 | 436 | | Interstate Commission. 32 |
---|
437 | 437 | | "§ 90-21.176. Oversight of Interstate Compact. 33 |
---|
438 | 438 | | (a) The executive, legislative, and judicial branches of state government in each member 34 |
---|
439 | 439 | | state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate 35 |
---|
440 | 440 | | the Compact's purposes and intent. The provisions of the Compact and the rules promulgated 36 |
---|
441 | 441 | | hereunder shall have standing as statutory law but shall not override existing state authority to 37 |
---|
442 | 442 | | regulate the practice of medicine. 38 |
---|
443 | 443 | | (b) All courts shall take judicial notice of the Compact and the rules in any judicial or 39 |
---|
444 | 444 | | administrative proceeding in a member state pertaining to the subject matter of the Compact 40 |
---|
445 | 445 | | which may affect the powers, responsibilities, or action of the Interstate Commission. 41 |
---|
446 | 446 | | (c) The Interstate Commission shall be entitled to receive all services of process in any 42 |
---|
447 | 447 | | such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure 43 |
---|
448 | 448 | | to provide service of process to the Interstate Commission shall render a judgment or order void 44 |
---|
449 | 449 | | as to the Interstate Commission, the Compact, or promulgated rules. 45 |
---|
450 | 450 | | "§ 90-21.177. Enforcement of Interstate Compact. 46 |
---|
451 | 451 | | (a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce 47 |
---|
452 | 452 | | the provisions and rules of the Compact. 48 |
---|
453 | 453 | | (b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal 49 |
---|
454 | 454 | | action in the United States District Court for the District of Columbia, or, at the discretion of the 50 |
---|
455 | 455 | | Interstate Commission, in the federal district where the Interstate Commission has its principal 51 General Assembly Of North Carolina Session 2025 |
---|
457 | 457 | | offices, to enforce compliance with the provisions of the Compact, and its promulgated rules and 1 |
---|
458 | 458 | | bylaws, against a member state in default. The relief sought may include both injunctive relief 2 |
---|
459 | 459 | | and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded 3 |
---|
460 | 460 | | all costs of such litigation, including reasonable attorneys' fees. 4 |
---|
461 | 461 | | (c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. 5 |
---|
462 | 462 | | The Interstate Commission may avail itself of any other remedies available under state law or 6 |
---|
463 | 463 | | regulation of a profession. 7 |
---|
464 | 464 | | "§ 90-21.178. Default procedures. 8 |
---|
465 | 465 | | (a) The grounds for default include, but are not limited to, failure of a member state to 9 |
---|
466 | 466 | | perform such obligations or responsibilities imposed upon it by the Compact, or the rules and 10 |
---|
467 | 467 | | bylaws of the Interstate Commission promulgated under the Compact. 11 |
---|
468 | 468 | | (b) If the Interstate Commission determines that a member state has defaulted in the 12 |
---|
469 | 469 | | performance of its obligations or responsibilities under the Compact, or the bylaws or 13 |
---|
470 | 470 | | promulgated rules, the Interstate Commission shall do all of the following: 14 |
---|
471 | 471 | | (1) Provide written notice to the defaulting state and other member states of the 15 |
---|
472 | 472 | | nature of the default, the means of curing the default, and any action taken by 16 |
---|
473 | 473 | | the Interstate Commission. The Interstate Commission shall specify the 17 |
---|
474 | 474 | | conditions by which the defaulting state must cure its default. 18 |
---|
475 | 475 | | (2) Provide remedial training and specific technical assistance regarding the 19 |
---|
476 | 476 | | default. 20 |
---|
477 | 477 | | (c) If the defaulting state fails to cure the default, the defaulting state shall be terminated 21 |
---|
478 | 478 | | from the Compact upon an affirmative vote of a majority of the Commissioners, and all rights, 22 |
---|
479 | 479 | | privileges, and benefits conferred by the Compact shall terminate on the effective date of 23 |
---|
480 | 480 | | termination. A cure of the default does not relieve the offending state of obligations or liabilities 24 |
---|
481 | 481 | | incurred during the period of default. 25 |
---|
482 | 482 | | (d) Termination of membership in the Compact shall be imposed only after all other 26 |
---|
483 | 483 | | means of securing compliance have been exhausted. Notice of intent to terminate shall be given 27 |
---|
484 | 484 | | by the Interstate Commission to the governor, the majority and minority leaders of the defaulting 28 |
---|
485 | 485 | | state's legislature, and each of the member states. 29 |
---|
486 | 486 | | (e) The Interstate Commission shall establish rules and procedures to address licenses 30 |
---|
487 | 487 | | and physicians that are materially impacted by the termination of a member state or the 31 |
---|
488 | 488 | | withdrawal of a member state. 32 |
---|
489 | 489 | | (f) The member state which has been terminated is responsible for all dues, obligations, 33 |
---|
490 | 490 | | and liabilities incurred through the effective date of termination, including obligations, the 34 |
---|
491 | 491 | | performance of which extends beyond the effective date of termination. 35 |
---|
492 | 492 | | (g) The Interstate Commission shall not bear any costs relating to any state that has been 36 |
---|
493 | 493 | | found to be in default or which has been terminated from the Compact, unless otherwise mutually 37 |
---|
494 | 494 | | agreed upon in writing between the Interstate Commission and the defaulting state. 38 |
---|
495 | 495 | | (h) The defaulting state may appeal the action of the Interstate Commission by petitioning 39 |
---|
496 | 496 | | the United States District Court for the District of Columbia or the federal district where the 40 |
---|
497 | 497 | | Interstate Commission has its principal offices. The prevailing party shall be awarded all costs 41 |
---|
498 | 498 | | of such litigation, including reasonable attorneys' fees. 42 |
---|
499 | 499 | | "§ 90-21.179. Dispute resolution. 43 |
---|
500 | 500 | | (a) The Interstate Commission shall attempt to resolve disputes upon the request of a 44 |
---|
501 | 501 | | member state, which are subject to the Compact and which may arise among member states or 45 |
---|
502 | 502 | | member boards. 46 |
---|
503 | 503 | | (b) The Interstate Commission shall promulgate rules providing for both mediation and 47 |
---|
504 | 504 | | binding dispute resolution as appropriate. 48 |
---|
505 | 505 | | "§ 90-21.180. Member states; effective date; amendment. 49 |
---|
506 | 506 | | (a) Any state is eligible to become a member of the Compact. 50 General Assembly Of North Carolina Session 2025 |
---|
508 | 508 | | (b) The Compact shall become effective and binding upon legislative enactment of the 1 |
---|
509 | 509 | | Compact into law by no less than seven states. Thereafter, it shall become effective and binding 2 |
---|
510 | 510 | | on a state upon enactment of the Compact into law in that state. 3 |
---|
511 | 511 | | (c) The governors of nonmember states, or their designees, shall be invited to participate 4 |
---|
512 | 512 | | in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the 5 |
---|
513 | 513 | | Compact by all states. 6 |
---|
514 | 514 | | (d) The Interstate Commission may propose amendments to the Compact for enactment 7 |
---|
515 | 515 | | by the member states. No amendment shall become effective and binding upon the Interstate 8 |
---|
516 | 516 | | Commission and the member states unless and until it is enacted into law by unanimous consent 9 |
---|
517 | 517 | | of the member states. 10 |
---|
518 | 518 | | "§ 90-21.181. Withdrawal. 11 |
---|
519 | 519 | | (a) Once effective, the Compact shall continue in force and remain binding upon each 12 |
---|
520 | 520 | | and every member state, provided that a member state may withdraw from the Compact by 13 |
---|
521 | 521 | | specifically repealing the statutes which enacted the Compact into law. 14 |
---|
522 | 522 | | (b) Withdrawal from the Compact shall be by the enactment of a statute repealing the 15 |
---|
523 | 523 | | same but shall not take effect until one year after the effective date of such statute and until 16 |
---|
524 | 524 | | written notice of the withdrawal has been given by the withdrawing state to the governor of each 17 |
---|
525 | 525 | | other member state. 18 |
---|
526 | 526 | | (c) The withdrawing state shall immediately notify the chairperson of the Interstate 19 |
---|
527 | 527 | | Commission in writing upon the introduction of legislation repealing the Compact in the 20 |
---|
528 | 528 | | withdrawing state. 21 |
---|
529 | 529 | | (d) The Interstate Commission shall notify the other member states of the withdrawing 22 |
---|
530 | 530 | | state's intent to withdraw within 60 days of its receipt of notice provided under subsection (c) of 23 |
---|
531 | 531 | | this section. 24 |
---|
532 | 532 | | (e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred 25 |
---|
533 | 533 | | through the effective date of withdrawal, including obligations, the performance of which extend 26 |
---|
534 | 534 | | beyond the effective date of withdrawal. 27 |
---|
535 | 535 | | (f) Reinstatement following withdrawal of a member state shall occur upon the 28 |
---|
536 | 536 | | withdrawing date reenacting the Compact or upon such later date as determined by the Interstate 29 |
---|
537 | 537 | | Commission. 30 |
---|
538 | 538 | | (g) The Interstate Commission is authorized to develop rules to address the impact of the 31 |
---|
539 | 539 | | withdrawal of a member state on licenses granted in other member states to physicians who 32 |
---|
540 | 540 | | designated the withdrawing member state as the state of principal license. 33 |
---|
541 | 541 | | "§ 90-21.182. Dissolution. 34 |
---|
542 | 542 | | (a) The Compact shall dissolve effective upon the date of the withdrawal or default of 35 |
---|
543 | 543 | | the member state which reduces the membership of the Compact to one member state. 36 |
---|
544 | 544 | | (b) Upon the dissolution of the Compact, the Compact becomes null and void and shall 37 |
---|
545 | 545 | | be of no further force or effect, and the business and affairs of the Interstate Commission shall 38 |
---|
546 | 546 | | be concluded, and surplus funds shall be distributed in accordance with the bylaws. 39 |
---|
547 | 547 | | "§ 90-21.183. Severability and construction. 40 |
---|
548 | 548 | | The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or 41 |
---|
549 | 549 | | provision is deemed unenforceable, the remaining provisions of the Compact shall be 42 |
---|
550 | 550 | | enforceable. The provisions of the Compact shall be liberally construed to effectuate its purposes. 43 |
---|
551 | 551 | | Nothing in the Compact shall be construed to prohibit the applicability of other interstate 44 |
---|
552 | 552 | | compacts to which the member states are members. 45 |
---|
553 | 553 | | "§ 90-21.184. Binding effect of Compact and other laws. 46 |
---|
554 | 554 | | (a) Nothing herein prevents the enforcement of any other law of a member state that is 47 |
---|
555 | 555 | | not inconsistent with the Compact. 48 |
---|
556 | 556 | | (b) All laws in a member state in conflict with the Compact are superseded to the extent 49 |
---|
557 | 557 | | of the conflict. 50 General Assembly Of North Carolina Session 2025 |
---|
559 | 559 | | (c) All lawful actions of the Interstate Commission, including all rules and bylaws 1 |
---|
560 | 560 | | promulgated by the Commission, are binding upon the member states. 2 |
---|
561 | 561 | | (d) All agreements between the Interstate Commission and the member states are binding 3 |
---|
562 | 562 | | in accordance with their terms. 4 |
---|
563 | 563 | | (e) In the event any provision of the Compact exceeds the constitutional limits imposed 5 |
---|
564 | 564 | | on the legislature of any member state, such provision shall be ineffective to the extent of the 6 |
---|
565 | 565 | | conflict with the constitutional provision in question in that member state." 7 |
---|
566 | 566 | | SECTION 2.(a) G.S. 90-5.1 reads as rewritten: 8 |
---|
567 | 567 | | "§ 90-5.1. Powers and duties of the Board. 9 |
---|
568 | 568 | | (a) The Board shall have the following powers and duties: 10 |
---|
569 | 569 | | … 11 |
---|
570 | 570 | | (11) Appoint two Commissioners to serve on the Interstate Medical Licensure 12 |
---|
571 | 571 | | Compact Commission. Commissioners must meet one of the following 13 |
---|
572 | 572 | | requirements: be (i) a current physician Board member, (ii) an executive 14 |
---|
573 | 573 | | director or similar executive member, or (iii) a current public Board member. 15 |
---|
574 | 574 | | …." 16 |
---|
575 | 575 | | SECTION 2.(b) G.S. 90-11(b) reads as rewritten: 17 |
---|
576 | 576 | | "(b) The Department of Public Safety may provide a criminal record check to the Board 18 |
---|
577 | 577 | | for a person who has applied for a license through the Board. Board and for purposes of 19 |
---|
578 | 578 | | G.S. 90-21.165. The Board shall provide to the Department of Public Safety, along with the 20 |
---|
579 | 579 | | request, the fingerprints of the applicant, any additional information required by the Department 21 |
---|
580 | 580 | | of Public Safety, and a form signed by the applicant consenting to the check of the criminal 22 |
---|
581 | 581 | | record and to the use of the fingerprints and other identifying information required by the State 23 |
---|
582 | 582 | | or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of 24 |
---|
583 | 583 | | Investigation for a search of the State's criminal history record file, and the State Bureau of 25 |
---|
584 | 584 | | Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a 26 |
---|
585 | 585 | | national criminal history check. The Board shall keep all information pursuant to this subsection 27 |
---|
586 | 586 | | privileged, in accordance with applicable State law and federal guidelines, and the information 28 |
---|
587 | 587 | | shall be confidential and shall not be a public record under Chapter 132 of the General Statutes. 29 |
---|
588 | 588 | | The Department of Public Safety may charge each applicant a fee for conducting the checks 30 |
---|
589 | 589 | | of criminal history records authorized by this subsection. The Board has the authority to collect 31 |
---|
590 | 590 | | this fee from each applicant and remit it to the Department of Public Safety." 32 |
---|
591 | 591 | | SECTION 2.(c) G.S. 90-13.1 reads as rewritten: 33 |
---|
592 | 592 | | "§ 90-13.1. License fees. 34 |
---|
593 | 593 | | … 35 |
---|
594 | 594 | | (g) Each applicant for a license issued or renewed through the Interstate Medical 36 |
---|
595 | 595 | | Licensure Compact in accordance with Article 1O of Chapter 90 of the General Statutes shall be 37 |
---|
596 | 596 | | subject to any additional fees or assessments as determined by the Board or the Interstate Medical 38 |
---|
597 | 597 | | Licensure Compact Commission to cover any costs incurred by the Board for the participation 39 |
---|
598 | 598 | | in the Interstate Medical Licensure Compact." 40 |
---|
599 | 599 | | SECTION 2.(d) G.S. 90-13.2 reads as rewritten: 41 |
---|
600 | 600 | | "§ 90-13.2. Registration every year with Board. 42 |
---|
601 | 601 | | (a) Every Except as provided for in Article 1O of Chapter 90 of the General Statutes, 43 |
---|
602 | 602 | | every licensee shall register annually with the Board no later than 30 days after the person's 44 |
---|
603 | 603 | | birthday. 45 |
---|
604 | 604 | | … 46 |
---|
605 | 605 | | (g) Upon payment of all accumulated fees and penalties, the license of the licensee may 47 |
---|
606 | 606 | | be reinstated, subject to the Board requiring the licensee to appear before the Board for an 48 |
---|
607 | 607 | | interview and to comply with other licensing requirements. The Except as provided in 49 |
---|
608 | 608 | | G.S. 90-21.166, the penalty may not exceed the applicable maximum fee for a license under 50 |
---|
609 | 609 | | G.S. 90-13.1. 51 General Assembly Of North Carolina Session 2025 |
---|
611 | 611 | | …." 1 |
---|
612 | 612 | | SECTION 2.(e) G.S. 90-14 reads as rewritten: 2 |
---|
613 | 613 | | "§ 90-14. Disciplinary Authority. 3 |
---|
614 | 614 | | (a) The Board shall have the power to place on probation with or without conditions, 4 |
---|
615 | 615 | | impose limitations and conditions on, publicly reprimand, assess monetary redress, issue public 5 |
---|
616 | 616 | | letters of concern, mandate free medical services, require satisfactory completion of treatment 6 |
---|
617 | 617 | | programs or remedial or educational training, fine, deny, annul, suspend, or revoke a license, or 7 |
---|
618 | 618 | | other authority to practice medicine in this State, issued by the Board to any person who has been 8 |
---|
619 | 619 | | found by the Board to have committed any of the following acts or conduct, or for any of the 9 |
---|
620 | 620 | | following reasons: 10 |
---|
621 | 621 | | … 11 |
---|
622 | 622 | | (18) A violation of Article 1O of Chapter 90 of the General Statutes, consistent 12 |
---|
623 | 623 | | with the provisions of that Article for qualifying licensees. 13 |
---|
624 | 624 | | …." 14 |
---|
625 | 625 | | SECTION 2.(f) G.S. 90-14.2 reads as rewritten: 15 |
---|
626 | 626 | | "§ 90-14.2. Hearing before disciplinary action. 16 |
---|
627 | 627 | | (a) Before Except as provided in G.S. 90-21.170, before the Board shall take disciplinary 17 |
---|
628 | 628 | | action against any license granted by it, the licensee shall be given a written notice indicating the 18 |
---|
629 | 629 | | charges made against the licensee and stating that the licensee will be given an opportunity to be 19 |
---|
630 | 630 | | heard concerning the charges at a time and place stated in the notice, or at a time and place to be 20 |
---|
631 | 631 | | thereafter designated by the Board, and the Board shall hold a public hearing not less than 30 21 |
---|
632 | 632 | | days from the date of the service of notice upon the licensee, at which the licensee may appear 22 |
---|
633 | 633 | | personally and through counsel, may cross examine witnesses and present evidence in the 23 |
---|
634 | 634 | | licensee's own behalf. A licensee who is mentally incompetent shall be represented at such 24 |
---|
635 | 635 | | hearing and shall be served with notice as herein provided by and through a guardian ad litem 25 |
---|
636 | 636 | | appointed by the clerk of the court of the county in which the licensee resides. The licensee may 26 |
---|
637 | 637 | | file written answers to the charges within 30 days after the service of the notice, which answer 27 |
---|
638 | 638 | | shall become a part of the record but shall not constitute evidence in the case. 28 |
---|
639 | 639 | | …." 29 |
---|
640 | 640 | | SECTION 3. Article 1 of Chapter 90 of the General Statutes is amended by adding 30 |
---|
641 | 641 | | a new section to read: 31 |
---|
642 | 642 | | "§ 90-12.03. Internationally-trained physician employee license. 32 |
---|
643 | 643 | | (a) The Board may issue an "internationally-trained physician employee license" to 33 |
---|
644 | 644 | | practice medicine and surgery to a physician when the Board has received satisfactory 34 |
---|
645 | 645 | | verification of all of the following requirements: 35 |
---|
646 | 646 | | (1) The applicant has been offered employment as a physician in a full-time 36 |
---|
647 | | - | capacity at (i) a hospital that is located in North Carolina and licensed by the 37 |
---|
648 | | - | State of North Carolina or (ii) a medical practice located in a rural county with 38 |
---|
649 | | - | a population of less than 500 people per square mile, in North Carolina, where 39 |
---|
650 | | - | a physician fully licensed by the State under this Chapter is physically 40 |
---|
651 | | - | practicing on-site at the rural medical practice. 41 |
---|
652 | | - | (2) The applicant has a current and active license in good standing to practice 42 |
---|
653 | | - | medicine in a foreign country or had that type of license expire no more than 43 |
---|
654 | | - | five years prior to submission of an application to the Board. 44 |
---|
655 | | - | (3) The applicant previously completed 130 weeks of medical education at a 45 |
---|
656 | | - | medical school listed in the World Dictionary of Medical Schools and is 46 |
---|
657 | | - | eligible to be certified by the Educational Commission for Foreign Medical 47 |
---|
658 | | - | Graduates and meets one of the following requirements: 48 |
---|
659 | | - | a. The applicant has completed two years of postgraduate training in a 49 |
---|
660 | | - | graduate medical education program approved by the applicant's 50 |
---|
661 | | - | country of licensure. 51 General Assembly Of North Carolina Session 2025 |
---|
662 | | - | Page 14 Senate Bill 336-Second Edition |
---|
663 | | - | b. The applicant has actively practiced medicine in the applicant's 1 |
---|
664 | | - | country of licensure for at least 10 years after graduation. 2 |
---|
665 | | - | (4) The applicant has demonstrated competency to practice medicine in one of the 3 |
---|
666 | | - | following ways: 4 |
---|
667 | | - | a. Successfully passing each part of an examination listed in 5 |
---|
668 | | - | G.S. 90-10.1. 6 |
---|
669 | | - | b. Successfully passing each part of a nationally recognized standard 7 |
---|
670 | | - | medical licensing examination from a country that is a member of the 8 |
---|
671 | | - | International Association of Medical Regulatory Authorities that 9 |
---|
672 | | - | meets all of the following requirements: 10 |
---|
673 | | - | 1. Tests for the ability to practice medicine. 11 |
---|
674 | | - | 2. Tests for medical knowledge, skills, and understanding of 12 |
---|
675 | | - | clinical science essential for providing patient care, including 13 |
---|
676 | | - | general practice, cardiology, internal medicine, 14 |
---|
677 | | - | gastroenterology, hematology, nephrology, neurology, 15 |
---|
678 | | - | pediatrics, psychiatry, pulmonology, obstetrics and 16 |
---|
679 | | - | gynecology, radiology, rheumatology, urology, and surgery. 17 |
---|
680 | | - | 3. Tests for communication and interpersonal skills. 18 |
---|
681 | | - | 4. Includes an interactive testing component. 19 |
---|
682 | | - | The examining body must provide verification in English directly to 20 |
---|
683 | | - | the Board that the applicant has passed an examination meeting the 21 |
---|
684 | | - | requirements of this sub-subdivision. 22 |
---|
685 | | - | c. Receiving specialty board certification as approved by any of the 23 |
---|
686 | | - | following: 24 |
---|
687 | | - | 1. The American Board of Medical Specialties. 25 |
---|
688 | | - | 2. The Bureau of Osteopathic Specialists of the American 26 |
---|
689 | | - | Osteopathic Association. 27 |
---|
690 | | - | 3. The Royal College of Physicians and Surgeons of Canada. 28 |
---|
691 | | - | 4. Any other specialty board recognized pursuant to rules adopted 29 |
---|
692 | | - | by the Board. 30 |
---|
693 | | - | d. Submitting to a comprehensive assessment demonstrating clinical 31 |
---|
694 | | - | competence by a program approved by the Board. 32 |
---|
695 | | - | Alternatively, the Board may waive the requirements of this subdivision and 33 |
---|
696 | | - | issue a temporary license and require the applicant to successfully pass the 34 |
---|
697 | | - | Special Purpose Examination (SPEX) or Post-Licensure Assessment Systems 35 |
---|
698 | | - | within one year. 36 |
---|
699 | | - | (5) The applicant has not had a license revoked, suspended, restricted, denied, or 37 |
---|
700 | | - | otherwise acted against in any jurisdiction and is the subject of no pending 38 |
---|
701 | | - | investigations. For purposes of this subdivision, the licensing authority's 39 |
---|
702 | | - | acceptance of a license to practice voluntarily relinquished by a licensee or 40 |
---|
703 | | - | relinquished by stipulation, consent order, or other settlement in response to or 41 |
---|
704 | | - | in anticipation of the filing of administrative charges against the licensee's 42 |
---|
705 | | - | license, or an inactivation or voluntary surrender of a license while under 43 |
---|
706 | | - | investigation, is deemed to be an action against a license to practice. 44 |
---|
707 | | - | (6) The applicant does not have any convictions in any court involving moral 45 |
---|
708 | | - | turpitude, or the violation of a law involving the practice of medicine, or a 46 |
---|
709 | | - | conviction of a law substantially equivalent to a felony. The applicant shall submit 47 |
---|
710 | | - | to, and the Board must receive, a background screening from the country in which 48 |
---|
711 | | - | they are licensed. 49 |
---|
712 | | - | (7) The applicant has practiced medicine for at least five years. 50 |
---|
713 | | - | (8) The applicant is proficient in English. 51 General Assembly Of North Carolina Session 2025 |
---|
714 | | - | Senate Bill 336-Second Edition Page 15 |
---|
715 | | - | (9) The applicant is legally authorized to work in the United States. An applicant 1 |
---|
716 | | - | may apply for an internationally-trained physician employee license before 2 |
---|
717 | | - | receiving federal work authorization but may not begin employment with the 3 |
---|
718 | | - | North Carolina hospital or rural medical practice until receiving legal work 4 |
---|
719 | | - | authorization from the relevant federal agency. 5 |
---|
| 647 | + | capacity at (i) a hospital that is located in North Carolina, licensed by the State 37 |
---|
| 648 | + | of North Carolina, and accredited by the Joint Commission or (ii) a medical 38 |
---|
| 649 | + | practice located in a rural county with a population of less than 500 people per 39 |
---|
| 650 | + | square mile, in North Carolina, and will be supervised by a physician licensed 40 |
---|
| 651 | + | by the State of North Carolina and who is physically practicing on-site at the 41 |
---|
| 652 | + | rural medical practice. The Board shall adopt rules pertaining to adequate 42 |
---|
| 653 | + | supervision of internationally-trained physicians. 43 |
---|
| 654 | + | (2) The applicant has a current and active license in good standing to practice 44 |
---|
| 655 | + | medicine in a foreign country or had that type of license expire no more than 45 |
---|
| 656 | + | five years prior to submission of an application to the Board. 46 |
---|
| 657 | + | (3) The applicant previously completed 130 weeks of medical education at a 47 |
---|
| 658 | + | medical school listed in the World Dictionary of Medical Schools and is 48 |
---|
| 659 | + | eligible to be certified by the Educational Commission for Foreign Medical 49 |
---|
| 660 | + | Graduates and meets one of the following requirements: 50 General Assembly Of North Carolina Session 2025 |
---|
| 661 | + | Page 14 Senate Bill 336-First Edition |
---|
| 662 | + | a. The applicant has completed two years of postgraduate training in a 1 |
---|
| 663 | + | medical education program accredited by an agency with the World 2 |
---|
| 664 | + | Federation for Medical Education Recognition Status after graduation 3 |
---|
| 665 | + | from medical school. 4 |
---|
| 666 | + | b. The applicant has actively practiced medicine in the applicant's 5 |
---|
| 667 | + | country of licensure for at least 10 years after graduation. 6 |
---|
| 668 | + | (4) The applicant has demonstrated competency to practice medicine in at least 7 |
---|
| 669 | + | one of the following ways: 8 |
---|
| 670 | + | a. Successfully passing each part of an examination listed in 9 |
---|
| 671 | + | G.S. 90-10.1. 10 |
---|
| 672 | + | b. Successfully passing each part of a nationally recognized standard 11 |
---|
| 673 | + | medical licensing examination from a country that is a member of the 12 |
---|
| 674 | + | International Association of Medical Regulatory Authorities, that 13 |
---|
| 675 | + | meets all of the following requirements: 14 |
---|
| 676 | + | 1. Tests for the ability to practice medicine. 15 |
---|
| 677 | + | 2. Tests for medical knowledge, skills, and understanding of 16 |
---|
| 678 | + | clinical science essential for providing patient care, including 17 |
---|
| 679 | + | general practice, cardiology, internal medicine, 18 |
---|
| 680 | + | gastroenterology, hematology, nephrology, neurology, 19 |
---|
| 681 | + | pediatrics, psychiatry, pulmonology, obstetrics and 20 |
---|
| 682 | + | gynecology, radiology, rheumatology, urology, and surgery. 21 |
---|
| 683 | + | 3. Tests for communication and interpersonal skills. 22 |
---|
| 684 | + | 4. Includes an interactive testing component. 23 |
---|
| 685 | + | The examining body must provide verification in English directly to 24 |
---|
| 686 | + | the Board that the applicant has passed an examination meeting the 25 |
---|
| 687 | + | requirements of this sub-subdivision. 26 |
---|
| 688 | + | c. Receiving specialty board certification as approved by any of the 27 |
---|
| 689 | + | following: 28 |
---|
| 690 | + | 1. The American Board of Medical Specialties. 29 |
---|
| 691 | + | 2. The Bureau of Osteopathic Specialists of the American 30 |
---|
| 692 | + | Osteopathic Association. 31 |
---|
| 693 | + | 3. The Royal College of Physicians and Surgeons of Canada. 32 |
---|
| 694 | + | 4. Any other specialty board recognized pursuant to rules adopted 33 |
---|
| 695 | + | by the Board. 34 |
---|
| 696 | + | d. Submitting to a comprehensive assessment demonstrating clinical 35 |
---|
| 697 | + | competence by a program approved by the Board. 36 |
---|
| 698 | + | Alternatively, the Board may waive the requirements of this subdivision and 37 |
---|
| 699 | + | issue a temporary license and require the applicant to successfully pass the 38 |
---|
| 700 | + | Special Purpose Examination (SPEX) or Post-Licensure Assessment Systems 39 |
---|
| 701 | + | within one year. 40 |
---|
| 702 | + | (5) The applicant has not had a license revoked, suspended, restricted, denied, or 41 |
---|
| 703 | + | otherwise acted against in any jurisdiction and is the subject of no pending 42 |
---|
| 704 | + | investigations. For purposes of this subdivision, the licensing authority's 43 |
---|
| 705 | + | acceptance of a license to practice voluntarily relinquished by a licensee or 44 |
---|
| 706 | + | relinquished by stipulation, consent order, or other settlement in response to or 45 |
---|
| 707 | + | in anticipation of the filing of administrative charges against the licensee's 46 |
---|
| 708 | + | license, or an inactivation or voluntary surrender of a license while under 47 |
---|
| 709 | + | investigation, is deemed to be an action against a license to practice. 48 |
---|
| 710 | + | (6) The applicant does not have any convictions in any court involving moral 49 |
---|
| 711 | + | turpitude, or the violation of a law involving the practice of medicine, or a 50 |
---|
| 712 | + | conviction of a law substantially equivalent to a felony. The applicant shall submit 51 General Assembly Of North Carolina Session 2025 |
---|
| 713 | + | Senate Bill 336-First Edition Page 15 |
---|
| 714 | + | to, and the Board must receive, a background screening from the country in which 1 |
---|
| 715 | + | they are licensed. 2 |
---|
| 716 | + | (7) The applicant has practiced medicine for at least five years. 3 |
---|
| 717 | + | (8) The applicant is proficient in English. 4 |
---|
| 718 | + | (9) The applicant is legally authorized to work in the United States. 5 |
---|
737 | | - | The Board shall retain jurisdiction over the holder of the inactive license. 23 |
---|
738 | | - | (d) A physician with an internationally-trained physician employee license in good 24 |
---|
739 | | - | standing shall automatically convert into a full license to practice medicine in North Carolina 25 |
---|
740 | | - | after four years of active practice in North Carolina. 26 |
---|
741 | | - | (e) The Board, in consultation with partner organizations as needed, shall collect 27 |
---|
742 | | - | information necessary to evaluate the implementation and success of the pathway to licensure 28 |
---|
743 | | - | established in this section, including at least the following: 29 |
---|
744 | | - | (1) The number and types of inquiries from potential applicants. 30 |
---|
745 | | - | (2) The number of applicants for provisional licensure. 31 |
---|
746 | | - | (3) The applicant's licensing country or country where they were authorized to 32 |
---|
747 | | - | practice medicine and, if different, country of education and training. 33 |
---|
748 | | - | (4) The number of provisional licenses granted under this section. 34 |
---|
749 | | - | (5) The number of provisional licenses denied under this section. 35 |
---|
750 | | - | (6) The number of full and unrestricted licenses granted to applicants who 36 |
---|
751 | | - | completed the pathway to licensure established in this section. 37 |
---|
752 | | - | (7) The number of full and unrestricted license applications denied to applicants 38 |
---|
753 | | - | who completed the pathway to licensure established in this section. 39 |
---|
754 | | - | (8) The reasons for denial of applications for provisional and full unrestricted 40 |
---|
755 | | - | licenses under this section. 41 |
---|
756 | | - | (9) The number of complaints received regarding holders of a provisional license 42 |
---|
757 | | - | issued under this section and the disciplinary actions taken, if any. 43 |
---|
758 | | - | (10) The practice setting and specialty of applicants in their licensing country or 44 |
---|
759 | | - | country of origin and as employed during their provisional and limited 45 |
---|
760 | | - | licensure. 46 |
---|
761 | | - | (11) The geographic area or rural/urban designation of where licensees practice 47 |
---|
762 | | - | during provisional licensure and after the period of provisional licensure. 48 |
---|
763 | | - | (12) The practice setting and specialty of internationally-trained physicians who 49 |
---|
764 | | - | completed the pathway to licensure upon receiving a full and unrestricted 50 |
---|
765 | | - | license. 51 General Assembly Of North Carolina Session 2025 |
---|
766 | | - | Page 16 Senate Bill 336-Second Edition |
---|
767 | | - | (f) Annually on or before December 1, the Board shall report the information collected 1 |
---|
768 | | - | pursuant to subsection (e) of this section for the previous calendar year to the Joint Legislative 2 |
---|
769 | | - | Oversight Committee on Health and Human Services." 3 |
---|
770 | | - | SECTION 4. The North Carolina Medical Board (Board) shall adopt rules necessary 4 |
---|
771 | | - | to issue an internationally-trained physician employee license. The Board may adopt a rule 5 |
---|
772 | | - | establishing a time limit for the term of an internationally-trained physician employee license. 6 |
---|
773 | | - | The Board may also adopt rules to implement Section 1 of this act. 7 |
---|
774 | | - | SECTION 5. It is the intention of the General Assembly that the provisions of this 8 |
---|
775 | | - | act shall be severable. If any provision of this act or its application to any person or circumstance 9 |
---|
776 | | - | is held invalid, the remainder of the act or the application of the provision to other persons or 10 |
---|
777 | | - | circumstances is not affected, including, but not limited to, the applicability of this act to the 11 |
---|
778 | | - | provisions of future agreements subject to this act. 12 |
---|
779 | | - | SECTION 6. This act becomes effective October 1, 2025. 13 |
---|
| 736 | + | The Board shall retain jurisdiction over the holder of the inactive license." 23 |
---|
| 737 | + | SECTION 4. The North Carolina Medical Board (Board) shall adopt rules necessary 24 |
---|
| 738 | + | to issue an internationally-trained physician employee license. The Board may adopt a rule 25 |
---|
| 739 | + | establishing a time limit for the term of an internationally-trained physician employee license. 26 |
---|
| 740 | + | The Board may also adopt rules to implement Section 1 of this act. 27 |
---|
| 741 | + | SECTION 5. This act becomes effective October 1, 2025. 28 |
---|