New Mexico 2025 Regular Session

New Mexico House Bill HB243 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 243
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Marian Matthews
48	48	AN ACT
49	49	RELATING TO LICENSURE; ENACTING THE INTERSTATE MEDICAL
50	50	LICENSURE COMPACT; PROVIDING FOR THE APPOINTMENT OF NEW MEXICO
51	51	COMPACT COMMISSIONERS; REQUIRING THE FILING OF INTERSTATE
52	52	COMMISSION BYLAWS AND RULES WITH THE STATE RECORDS
53	53	ADMINISTRATOR.
54	54	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
55	55	SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
56	56	cited as the "Interstate Medical Licensure Compact".
57	57	SECTION 2. [NEW MATERIAL] INTERSTATE MEDICAL LICENSURE
58	58	COMPACT ENTERED INTO.--The "Interstate Medical Licensure
59	59	Compact" is enacted into law and entered into on behalf of New
60	60	Mexico with any and all other states legally joining therein in
61	61	a form substantially as follows:
62	62	"INTERSTATE MEDICAL LICENSURE COMPACT
63	63	.229932.2 underscored material = new
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90	90	ARTICLE 1 - Purpose
91	91	In order to strengthen access to health care, and in
92	92	recognition of the advances in the delivery of health care, the
93	93	member states of the Interstate Medical Licensure Compact have
94	94	allied in common purpose to develop a comprehensive process
95	95	that complements the existing licensing and regulatory
96	96	authority of state medical boards, provides a streamlined
97	97	process that allows physicians to become licensed in multiple
98	98	states, enhances the portability of a medical license and
99	99	ensures the safety of patients. The compact creates another
100	100	pathway for licensure and does not otherwise change a state's
101	101	existing medical practice act. The compact also adopts the
102	102	prevailing standard for licensure and affirms that the practice
103	103	of medicine occurs where the patient is located at the time of
104	104	the physician-patient encounter and, therefore, requires the
105	105	physician to be under the jurisdiction of the state medical
106	106	board where the patient is located. State medical boards that
107	107	participate in the compact retain the jurisdiction to impose an
108	108	adverse action against a license to practice medicine in that
109	109	state issued to a physician through the procedures in the
110	110	compact.
111	111	ARTICLE 2 - Definitions
112	112	In the Interstate Medical Licensure Compact:
113	113	A. "bylaws" means those bylaws established by the
114	114	interstate commission;
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143	143	B. "commissioner" means the voting representative
144	144	appointed by each member board;
145	145	C. "conviction" means a finding by a court that a
146	146	person is guilty of a criminal offense through adjudication or
147	147	entry of a plea of guilt or no contest to the charge by the
148	148	offender. Evidence of an entry of a conviction of a criminal
149	149	offense by the court shall be considered final for purposes of
150	150	disciplinary action by a member board;
151	151	D. "expedited license" means a full and
152	152	unrestricted medical license granted by a member state to an
153	153	eligible physician through the process set forth in the
154	154	Interstate Medical Licensure Compact;
155	155	E. "interstate commission" means the interstate
156	156	medical licensure compact commission;
157	157	F. "license" means authorization by a member state
158	158	for a physician to engage in the practice of medicine, which
159	159	would be unlawful without authorization;
160	160	G. "medical practice act" means laws and rules
161	161	governing the practice of allopathic and osteopathic medicine
162	162	within a member state;
163	163	H. "member board" means a state agency in a member
164	164	state that acts in the sovereign interests of the state by
165	165	protecting the public through licensure, regulation and
166	166	education of physicians as directed by the state government;
167	167	I. "member state" means a state that has enacted
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196	196	the Interstate Medical Licensure Compact;
197	197	J. "offense" means a felony or gross misdemeanor;
198	198	K. "physician" means a person who:
199	199	(1) is a graduate of a medical school
200	200	accredited by the liaison committee on medical education, the
201	201	commission on osteopathic college accreditation or a medical
202	202	school listed in the World Directory of Medical Schools or its
203	203	equivalent;
204	204	(2) passed each component of the United States
205	205	medical licensing examination or the comprehensive osteopathic
206	206	medical licensing examination of the United States within three
207	207	attempts, or any of its predecessor examinations accepted by a
208	208	state medical board as an equivalent examination for licensure
209	209	purposes;
210	210	(3) successfully completed graduate medical
211	211	education approved by the accreditation council for graduate
212	212	medical education or the American osteopathic association;
213	213	(4) holds specialty certification or a time-
214	214	unlimited specialty certificate recognized by the American
215	215	board of medical specialties or the American osteopathic
216	216	association bureau of osteopathic specialists;
217	217	(5) possesses a full and unrestricted license
218	218	to engage in the practice of medicine issued by a member board;
219	219	(6) has never been convicted or received
220	220	adjudication, deferred adjudication, community supervision or
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249	249	deferred disposition for any offense by a court of appropriate
250	250	jurisdiction;
251	251	(7) has never held a license authorizing the
252	252	practice of medicine subjected to discipline by a licensing
253	253	agency in any state, federal or foreign jurisdiction, excluding
254	254	any action related to nonpayment of fees related to a license;
255	255	(8) has never had a controlled substance
256	256	license or permit suspended or revoked by a state or the United
257	257	States drug enforcement administration; and
258	258	(9) is not under active investigation by a
259	259	licensing agency or law enforcement authority in any state,
260	260	federal or foreign jurisdiction;
261	261	L. "practice of medicine" means that clinical
262	262	prevention, diagnosis or treatment of human disease, injury or
263	263	condition requiring a physician to obtain and maintain a
264	264	license in compliance with the medical practice act of a member
265	265	state;
266	266	M. "rule" means a written statement by the
267	267	interstate commission promulgated pursuant to Article 12 of the
268	268	Interstate Medical Licensure Compact that is of general
269	269	applicability, implements, interprets or prescribes a policy or
270	270	provision of the compact, or is an organizational, procedural
271	271	or practice requirement of the interstate commission, and has
272	272	the force and effect of statutory law in a member state and
273	273	includes the amendment, repeal or suspension of an existing
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302	302	rule;
303	303	N. "state" means any state, commonwealth, district
304	304	or territory of the United States; and
305	305	O. "state of principal license" means a member
306	306	state in which a physician holds a license to practice medicine
307	307	and that has been designated as such by the physician for
308	308	purposes of registration and participation in the Interstate
309	309	Medical Licensure Compact.
310	310	ARTICLE 3 - Eligibility
311	311	A. A physician must meet the eligibility
312	312	requirements as defined in Subsection K of Article 2 of the
313	313	Interstate Medical Licensure Compact to receive an expedited
314	314	license under the terms and provisions of that compact.
315	315	B. A physician who does not meet the requirements
316	316	of Subsection K of Article 2 of the Interstate Medical
317	317	Licensure Compact may obtain a license to practice medicine in
318	318	a member state if the person complies with all laws and
319	319	requirements other than that compact relating to the issuance
320	320	of a license to practice medicine in that state.
321	321	ARTICLE 4 - Designation of State of Principal License
322	322	A. A physician shall designate a member state as
323	323	the state of principal license for purposes of registration for
324	324	expedited licensure through the Interstate Medical Licensure
325	325	Compact if the physician possesses a full and unrestricted
326	326	license to practice medicine in that state, and the state is:
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355	355	(1) the state of principal residence for the
356	356	physician;
357	357	(2) the state in which at least twenty-five
358	358	percent of the physician's practice of medicine occurs;
359	359	(3) the location of the physician's employer;
360	360	or
361	361	(4) the state designated as state of residence
362	362	for the purpose of federal income tax if a state does not
363	363	qualify under Paragraph (1), (2) or (3) of this subsection.
364	364	B. A physician may redesignate a member state as a
365	365	state of principal license at any time if the state meets the
366	366	requirements of Subsection A of this article.
367	367	C. The interstate commission is authorized to
368	368	develop rules to facilitate redesignation of another member
369	369	state as the state of principal license.
370	370	ARTICLE 5 - Application and Issuance of Expedited Licensure
371	371	A. A physician seeking licensure through the
372	372	Interstate Medical Licensure Compact shall file an application
373	373	for an expedited license with the member board of the state
374	374	selected by the physician as the state of principal license.
375	375	B. Upon receipt of an application for an expedited
376	376	license, the member board within the state of principal license
377	377	shall evaluate whether the physician is eligible for expedited
378	378	licensure and issue a letter of qualification, verifying or
379	379	denying the physician's eligibility, to the interstate
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408	408	commission.
409	409	(1) Static qualifications, which include
410	410	verification of medical education, graduate medical education,
411	411	results of any medical or licensing examination and other
412	412	qualifications as determined by the interstate commission
413	413	through rule, shall not be subject to additional primary-source
414	414	verification if primary-source verification has been conducted
415	415	by the state of principal license.
416	416	(2) The member board of the state of principal
417	417	license shall, in the course of verifying eligibility, perform
418	418	a criminal background check of an applicant, including the use
419	419	of the results of fingerprint or other biometric data checks
420	420	compliant with the requirements of the federal bureau of
421	421	investigation, with the exception of federal employees who have
422	422	suitability determination in accordance with 5 Code of Federal
423	423	Register Section 731.202.
424	424	(3) Appeal on the determination of eligibility
425	425	shall be made to the member state where the application was
426	426	filed and shall be subject to the law of that state.
427	427	C. Upon verification pursuant to Subsection B of
428	428	this article, physicians eligible for an expedited license
429	429	shall complete the registration process established by the
430	430	interstate commission to receive a license in a member state
431	431	selected pursuant to Subsection A of this article, including
432	432	the payment of applicable fees.
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461	461	D. After receiving verification of eligibility
462	462	pursuant to Subsection B of this article and payment of fees
463	463	pursuant to Subsection C of this article, a member board shall
464	464	issue an expedited license to the physician. This license
465	465	shall authorize the physician to practice medicine in the
466	466	issuing state consistent with the medical practice act and all
467	467	applicable laws and rules of the issuing member board and
468	468	member state.
469	469	E. An expedited license shall be valid for a period
470	470	consistent with the licensure period in the member state and in
471	471	the same manner as required for other physicians holding a full
472	472	and unrestricted license within the member state.
473	473	F. An expedited license obtained through the
474	474	Interstate Medical Licensure Compact shall be terminated if a
475	475	physician fails to maintain the license in the state of
476	476	principal licensure for a non-disciplinary reason, without
477	477	redesignation of a new state of principal licensure.
478	478	G. The interstate commission is authorized to
479	479	develop rules regarding the application process, including
480	480	payment of any applicable fees, and the issuance of an
481	481	expedited license.
482	482	ARTICLE 6 - Fees for Expedited Licensure
483	483	A. A member state issuing an expedited license
484	484	authorizing the practice of medicine in that state may impose a
485	485	fee for a license issued or renewed through the Interstate
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514	514	Medical Licensure Compact.
515	515	B. The interstate commission is authorized to
516	516	develop rules regarding fees for expedited licenses.
517	517	ARTICLE 7 - Renewal and Continued Participation
518	518	A. A physician seeking to renew an expedited
519	519	license granted in a member state shall complete a renewal
520	520	process with the interstate commission if the physician:
521	521	(1) maintains a full and unrestricted license
522	522	in the state of principal license;
523	523	(2) has not been convicted, received
524	524	adjudication, deferred adjudication, community supervision or
525	525	deferred disposition for an offense by a court of appropriate
526	526	jurisdiction;
527	527	(3) has not had a license authorizing the
528	528	practice of medicine subject to discipline by a licensing
529	529	agency in any state, federal or foreign jurisdiction, excluding
530	530	any action related to nonpayment of fees related to a license;
531	531	and
532	532	(4) has not had a controlled substance license
533	533	or permit suspended or revoked by a state or the United States
534	534	drug enforcement administration.
535	535	B. Physicians shall comply with all continuing
536	536	professional development or continuing medical education
537	537	requirements for renewal of a license issued by a member state.
538	538	C. The interstate commission shall collect the
539	539	.229932.2
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567	567	renewal fees charged for the renewal of a license and
568	568	distribute the fees to the applicable member board.
569	569	D. Upon receipt of the renewal fees collected in
570	570	Subsection C of this article, a member board shall renew the
571	571	physician's license.
572	572	E. Physician information collected by the
573	573	interstate commission during the renewal process will be
574	574	distributed to all member boards.
575	575	F. The interstate commission is authorized to
576	576	develop rules to address renewal of licenses obtained through
577	577	the Interstate Medical Licensure Compact.
578	578	ARTICLE 8 - Coordinated Information System
579	579	A. The interstate commission shall establish a
580	580	database of all physicians licensed, or who have applied for
581	581	licensure, pursuant to Article 5 of the Interstate Medical
582	582	Licensure Compact.
583	583	B. Notwithstanding any other provision of law,
584	584	member boards shall report to the interstate commission any
585	585	public action or complaint against a licensed physician who has
586	586	applied or received an expedited license through the Interstate
587	587	Medical Licensure Compact.
588	588	C. Member boards shall report disciplinary or
589	589	investigatory information determined as necessary and proper by
590	590	rule of the interstate commission.
591	591	D. Member boards may report any nonpublic
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620	620	complaint, disciplinary or investigatory information not
621	621	required by Subsection C of this article to the interstate
622	622	commission.
623	623	E. Member boards shall share complaint or
624	624	disciplinary information about a physician upon request of
625	625	another member board.
626	626	F. All information provided to the interstate
627	627	commission or distributed by member boards shall be
628	628	confidential, filed under seal and used only for investigatory
629	629	or disciplinary matters.
630	630	G. The interstate commission is authorized to
631	631	develop rules for mandated or discretionary sharing of
632	632	information by member boards.
633	633	ARTICLE 9 - Joint Investigations
634	634	A. Licensure and disciplinary records of physicians
635	635	are deemed investigative.
636	636	B. In addition to the authority granted to a member
637	637	board by its respective medical practice act or other
638	638	applicable state law, a member board may participate with other
639	639	member boards in joint investigations of physicians licensed by
640	640	the member boards.
641	641	C. A subpoena issued by a member state shall be
642	642	enforceable in other member states, but only to the extent that
643	643	both states agree to and are participating in a joint
644	644	investigation pursuant to the Interstate Medical Licensure
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673	673	Compact.
674	674	D. Member boards may share investigative,
675	675	litigation or compliance materials in furtherance of any joint
676	676	or individual investigation initiated under the Interstate
677	677	Medical Licensure Compact.
678	678	E. A member state may investigate actual or alleged
679	679	violations of the statutes authorizing the practice of medicine
680	680	in any other member state in which a physician holds a license
681	681	to practice medicine.
682	682	ARTICLE 10 - Disciplinary Actions
683	683	A. A disciplinary action taken by a member board
684	684	against a physician licensed through the Interstate Medical
685	685	Licensure Compact shall be deemed unprofessional conduct that
686	686	may be subject to discipline by other member boards, in
687	687	addition to a violation of the medical practice act or rules in
688	688	that state.
689	689	B. If a license granted to a physician by the
690	690	member board in the state of principal license is revoked,
691	691	surrendered or relinquished in lieu of discipline or suspended,
692	692	then all licenses issued to the physician by member boards
693	693	shall automatically be placed, without further action necessary
694	694	by any member board, on the same status. If the member board
695	695	in the state of principal license subsequently reinstates the
696	696	physician's license, a license issued to the physician by any
697	697	other member board shall remain encumbered until that
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726	726	respective member board takes action to reinstate the license
727	727	in a manner consistent with the medical practice act of that
728	728	state.
729	729	C. If disciplinary action is taken against a
730	730	physician by a member board not in the state of principal
731	731	license, any other member board may deem the action conclusive
732	732	as to matter of law and fact decided and:
733	733	(1) impose the same or lesser sanctions
734	734	against the physician so long as such sanctions are consistent
735	735	with the medical practice act of that state; or
736	736	(2) pursue separate disciplinary action
737	737	against the physician under that state's respective medical
738	738	practice act, regardless of the action taken in other member
739	739	states.
740	740	D. If a license granted to a physician by a member
741	741	board is revoked, surrendered or relinquished in lieu of
742	742	discipline or suspended, then any licenses issued to the
743	743	physician by other member boards shall be suspended,
744	744	automatically and immediately without further action necessary
745	745	by the other member boards, for ninety days upon entry of the
746	746	order by the disciplining board, to permit the member boards to
747	747	investigate the basis for the action under the medical practice
748	748	act of that state. A member board may terminate the automatic
749	749	suspension of the license the member board issued prior to the
750	750	completion of the ninety-day suspension period in a manner
751	751	.229932.2
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779	779	consistent with the medical practice act of that state.
780	780	E. A license, certification or authorization that
781	781	is automatically suspended or revoked pursuant to this article
782	782	shall be immediately reinstated if the suspension or revocation
783	783	is solely on the basis that a health care practitioner
784	784	performed, recommended or provided reproductive health services
785	785	or gender-affirming care as authorized in Article 1 of the
786	786	Interstate Medical Licensure Compact.
787	787	ARTICLE 11 - Interstate Medical Licensure Compact Commission
788	788	A. The "interstate medical licensure compact
789	789	commission" is created by the member states in accordance with
790	790	the provisions of this article.
791	791	B. The purpose of the interstate commission is the
792	792	administration of the Interstate Medical Licensure Compact,
793	793	which is a discretionary state function.
794	794	C. The interstate commission shall be a body
795	795	corporate and joint agency of the member states and shall have
796	796	all the responsibilities, powers and duties set forth in the
797	797	Interstate Medical Licensure Compact and such additional powers
798	798	as may be conferred upon it by a subsequent concurrent action
799	799	of the respective legislatures of the member states in
800	800	accordance with the terms of the compact.
801	801	D. The interstate commission shall consist of two
802	802	voting representatives appointed by each member state who shall
803	803	serve as commissioners. In states where allopathic and
804	804	.229932.2
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832	832	osteopathic physicians are regulated by separate member boards
833	833	or if the licensing and disciplinary authority is split between
834	834	separate member boards or if the licensing and disciplinary
835	835	authority is split between multiple member boards within a
836	836	member state, the member state shall appoint one representative
837	837	from each member board. A commissioner shall be:
838	838	(1) an allopathic or osteopathic physician
839	839	appointed to a member board;
840	840	(2) an executive director, executive secretary
841	841	or similar executive of a member board; or
842	842	(3) a member of the public appointed to a
843	843	member board.
844	844	E. The interstate commission shall meet at least
845	845	once each calendar year. A portion of this meeting shall be a
846	846	business meeting to address such matters as may properly come
847	847	before the commission, including the election of officers. The
848	848	chair may call additional meetings and shall call for a meeting
849	849	upon the request of a majority of the member states.
850	850	F. The bylaws may provide for meetings of the
851	851	interstate commission to be conducted by telecommunication or
852	852	electronic communication.
853	853	G. Each commissioner participating at a meeting of
854	854	the interstate commission is entitled to one vote. A majority
855	855	of commissioners shall constitute a quorum for the transaction
856	856	of business unless a larger quorum is required by the bylaws of
857	857	.229932.2
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885	885	the interstate commission. A commissioner shall not delegate a
886	886	vote to another commissioner. In the absence of a member
887	887	state's commissioner, the member state may delegate voting
888	888	authority for a specified meeting to another person from that
889	889	state who shall meet the requirements of Subsection D of this
890	890	article.
891	891	H. The interstate commission shall provide public
892	892	notice of all meetings, and all meetings shall be open to the
893	893	public. The interstate commission may close a meeting, in full
894	894	or in portion, where the interstate commission determines by a
895	895	two-thirds' vote of the commissioners present that an open
896	896	meeting would be likely to:
897	897	(1) relate solely to the internal personnel
898	898	practice and procedures of the interstate commission;
899	899	(2) discuss matters specifically exempted from
900	900	disclosure by federal statute;
901	901	(3) discuss trade secrets or commercial or
902	902	financial information that is privileged or confidential;
903	903	(4) involve accusing a person of a crime or
904	904	formally censuring a person;
905	905	(5) discuss information of a personal nature,
906	906	in which disclosure would constitute a clearly unwarranted
907	907	invasion of personal privacy;
908	908	(6) discuss investigative records compiled for
909	909	law enforcement purposes; or
910	910	.229932.2
911	911	- 17 - underscored material = new
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914	914	2
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937	937	25
938	938	(7) specifically relate to the participation
939	939	in a civil action or other legal proceeding.
940	940	I. The interstate commission shall keep minutes
941	941	that shall fully describe all matters discussed in a meeting
942	942	and shall provide a full and accurate summary of actions taken,
943	943	including record of any roll call votes.
944	944	J. The interstate commission shall make its
945	945	information and official records, to the extent not otherwise
946	946	designated in the Interstate Medical Licensure Compact or by
947	947	its rules, available to the public for inspection.
948	948	K. The interstate commission shall establish an
949	949	executive committee that shall include officers, members and
950	950	others as determined by the bylaws. The executive committee
951	951	shall have the power to act on behalf of the interstate
952	952	commission, with the exception of rulemaking, during periods
953	953	when the interstate commission is not in session. When acting
954	954	on behalf of the interstate commission, the executive committee
955	955	shall oversee the administration of the Interstate Medical
956	956	Licensure Compact, including enforcement and compliance with
957	957	the provisions of the compact, its bylaws and rules and other
958	958	such duties as necessary.
959	959	L. The interstate commission shall establish other
960	960	committees for governance and administration of the Interstate
961	961	Medical Licensure Compact.
962	962	ARTICLE 12 - Powers and Duties of the Interstate Commission
963	963	.229932.2
964	964	- 18 - underscored material = new
965	965	[bracketed material] = delete
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991	991	The interstate commission shall have the duty and power
992	992	to:
993	993	A. oversee and maintain the administration of the
994	994	Interstate Medical Licensure Compact;
995	995	B. promulgate rules that shall be binding to the
996	996	extent and in the manner provided for in the Interstate Medical
997	997	Licensure Compact;
998	998	C. issue, upon the request of a member state or
999	999	member board, advisory opinions concerning the meaning or
1000	1000	interpretation of the Interstate Medical Licensure Compact, its
1001	1001	bylaws, rules and actions;
1002	1002	D. enforce compliance with Interstate Medical
1003	1003	Licensure Compact provisions, the rules promulgated by the
1004	1004	interstate commission and the bylaws, using all necessary and
1005	1005	proper means, including the use of judicial process;
1006	1006	E. establish and appoint committees, including an
1007	1007	executive committee as required by Article 11 of the Interstate
1008	1008	Medical Licensure Compact, which shall have the power to act on
1009	1009	behalf of the interstate commission in carrying out the
1010	1010	interstate commission's powers and duties;
1011	1011	F. pay, or provide for the payment of, the expenses
1012	1012	related to the establishment, organization and ongoing
1013	1013	activities of the interstate commission;
1014	1014	G. establish and maintain one or more offices;
1015	1015	H. borrow, accept, hire or contract for services of
1016	1016	.229932.2
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1044	1044	personnel;
1045	1045	I. purchase and maintain insurance and bonds;
1046	1046	J. employ an executive director who shall have such
1047	1047	powers to employ, select or appoint employees, agents or
1048	1048	consultants and to determine their qualifications, define their
1049	1049	duties and fix their compensation;
1050	1050	K. establish personnel policies and programs
1051	1051	relating to conflicts of interest, rates of compensation and
1052	1052	qualifications of personnel;
1053	1053	L. accept donations and grants of money, equipment,
1054	1054	supplies, materials and services and to receive, utilize and
1055	1055	dispose of donations and grants of money, equipment, supplies,
1056	1056	materials and services in a manner consistent with the conflict
1057	1057	of interest policies established by the interstate commission;
1058	1058	M. lease, purchase, accept contributions or
1059	1059	donations of or otherwise to own, hold, improve or use any
1060	1060	property, real, personal or mixed;
1061	1061	N. sell, convey, mortgage, pledge, lease, exchange,
1062	1062	abandon or otherwise dispose of any property, real, personal or
1063	1063	mixed;
1064	1064	O. establish a budget and make expenditures;
1065	1065	P. adopt a seal and bylaws governing the management
1066	1066	and operation of the interstate commission;
1067	1067	Q. report annually to the legislatures and
1068	1068	governors of the member states concerning the activities of the
1069	1069	.229932.2
1070	1070	- 20 - underscored material = new
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1096	1096	25
1097	1097	interstate commission during the preceding year. Such reports
1098	1098	shall also include reports of financial audits and any
1099	1099	recommendations that may have been adopted by the interstate
1100	1100	commission;
1101	1101	R. coordinate education, training and public
1102	1102	awareness regarding the Interstate Medical Licensure Compact,
1103	1103	its implementation and its operation;
1104	1104	S. maintain records in accordance with the bylaws;
1105	1105	T. seek and obtain trademarks, copyrights and
1106	1106	patents; and
1107	1107	U. perform such functions as may be necessary or
1108	1108	appropriate to achieve the purpose of the Interstate Medical
1109	1109	Licensure Compact.
1110	1110	ARTICLE 13 - Finance Powers
1111	1111	A. The interstate commission may levy on and
1112	1112	collect an annual assessment from each member state to cover
1113	1113	the cost of the operations and activities of the interstate
1114	1114	commission and its staff. The total assessment must be
1115	1115	sufficient to cover the annual budget approved each year for
1116	1116	which revenue is not provided by other sources. The aggregate
1117	1117	annual assessment amount shall be allocated upon a formula to
1118	1118	be determined by the interstate commission, which shall
1119	1119	promulgate a rule binding upon all member states.
1120	1120	B. The interstate commission shall not incur
1121	1121	obligations of any kind prior to securing the funds adequate to
1122	1122	.229932.2
1123	1123	- 21 - underscored material = new
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1126	1126	2
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1149	1149	25
1150	1150	meet the same.
1151	1151	C. The interstate commission shall not pledge the
1152	1152	credit of any of the member states, except by, and with the
1153	1153	authority of, the member state.
1154	1154	D. The interstate commission shall be subject to a
1155	1155	yearly financial audit conducted by a certified or licensed
1156	1156	accountant, and the report of the audit shall be included in
1157	1157	the annual report of the interstate commission.
1158	1158	ARTICLE 14 - Organization and Operation of the Interstate
1159	1159	Commission
1160	1160	A. The interstate commission shall, by a majority
1161	1161	of commissioners present and voting, adopt bylaws to govern the
1162	1162	interstate commission's conduct as may be necessary or
1163	1163	appropriate to carry out the purposes of the Interstate Medical
1164	1164	Licensure Compact within twelve months of the first interstate
1165	1165	commission meeting.
1166	1166	B. The interstate commission shall elect or appoint
1167	1167	annually from among its commissioners a chair, a vice chair and
1168	1168	a treasurer, each of whom shall have such authority and duties
1169	1169	as may be specified in the bylaws. The chair or, in the
1170	1170	chair's absence or disability, the vice chair, shall preside at
1171	1171	all meetings of the interstate commission.
1172	1172	C. Officers selected pursuant to Subsection B of
1173	1173	this article shall serve without remuneration from the
1174	1174	interstate commission.
1175	1175	.229932.2
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1203	1203	D. The officers and employees of the interstate
1204	1204	commission shall be immune from suit and liability, either
1205	1205	personally or in their official capacity, for a claim for
1206	1206	damage to or loss of property or personal injury or other civil
1207	1207	liability caused or arising out of, or relating to, an actual
1208	1208	or alleged act, error or omission that occurred, or that such
1209	1209	person had a reasonable basis for believing occurred, within
1210	1210	the scope of interstate commission employment, duties or
1211	1211	responsibilities; provided that such person shall not be
1212	1212	protected from suit or liability for damage, loss, injury or
1213	1213	liability caused by the intentional or willful and wanton
1214	1214	misconduct of such person.
1215	1215	E. The liability of the executive director and
1216	1216	employees of the interstate commission or representatives of
1217	1217	the interstate commission, acting within the scope of such
1218	1218	person's employment or duties for acts, errors or omissions
1219	1219	occurring within such person's state, may not exceed the limits
1220	1220	of liability set forth under the constitution and laws of that
1221	1221	state for state officials, employees and agents. The
1222	1222	interstate commission is considered to be an instrumentality of
1223	1223	the states for the purpose of any such action. Nothing in this
1224	1224	subsection shall be construed to protect such person from suit
1225	1225	or liability for damage, loss, injury or liability caused by
1226	1226	the intentional or willful and wanton misconduct of such
1227	1227	person.
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1256	1256	F. The interstate commission shall defend the
1257	1257	executive director and its employees, and, subject to the
1258	1258	approval of the attorney general or other appropriate legal
1259	1259	counsel of the member state represented by an interstate
1260	1260	commission representative, shall defend such interstate
1261	1261	commission representative in any civil action seeking to impose
1262	1262	liability arising out of an actual or alleged act, error or
1263	1263	omission that occurred within the scope of interstate
1264	1264	commission employment, duties or responsibilities, or that the
1265	1265	defendant had a reasonable basis for believing occurred within
1266	1266	the scope of interstate commission employment, duties or
1267	1267	responsibilities; provided that the actual or alleged act,
1268	1268	error or omission did not result from intentional or willful
1269	1269	and wanton misconduct on the part of such person.
1270	1270	G. To the extent not covered by the state involved,
1271	1271	member state or the interstate commission, the representatives
1272	1272	or employees of the interstate commission shall be held
1273	1273	harmless in the amount of a settlement or judgment, including
1274	1274	attorney fees and costs, obtained against such persons arising
1275	1275	out of an actual or alleged act, error or omission that
1276	1276	occurred within the scope of the interstate commission
1277	1277	employment, duties or responsibilities, or that such persons
1278	1278	had a reasonable basis for believing occurred within the scope
1279	1279	of interstate commission employment, duties or
1280	1280	responsibilities; provided that the actual or alleged act,
1281	1281	.229932.2
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1309	1309	error or omission did not result from intentional or willful
1310	1310	and wanton misconduct on the part of such person.
1311	1311	ARTICLE 15 - Rulemaking Functions of the Interstate Commission
1312	1312	A. The interstate commission shall promulgate
1313	1313	reasonable rules to effectively and efficiently achieve the
1314	1314	purpose of the Interstate Medical Licensure Compact; provided
1315	1315	that in the event the interstate commission exercises
1316	1316	rulemaking authority in a manner that is beyond the scope of
1317	1317	the purposes of that compact or the powers granted by that
1318	1318	compact, then such an action by the interstate commission shall
1319	1319	be invalid and have no force or effect.
1320	1320	B. Rules deemed appropriate for the operations of
1321	1321	the interstate commission shall be made pursuant to a
1322	1322	rulemaking process that substantially conforms to the model
1323	1323	state administrative procedure act of 2010 and subsequent
1324	1324	amendments to that act.
1325	1325	C. No later than thirty days after a rule is
1326	1326	promulgated, a person may file a petition for judicial review
1327	1327	of the rule in the United States district court for the
1328	1328	District of Columbia or the federal district where the
1329	1329	interstate commission has its principal offices; provided that
1330	1330	the filing of such a petition shall not stay or otherwise
1331	1331	prevent the rule from becoming effective unless the court finds
1332	1332	that the petitioner has a substantial likelihood of success.
1333	1333	The court shall give deference to the actions of the interstate
1334	1334	.229932.2
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1362	1362	commission consistent with applicable law and shall not find
1363	1363	the rule to be unlawful if the rule represents a reasonable
1364	1364	exercise of the authority granted to the interstate commission.
1365	1365	ARTICLE 16 - Oversight of Interstate Medical Licensure Compact
1366	1366	A. The executive, legislative and judicial branches
1367	1367	of state government in each member state shall enforce the
1368	1368	Interstate Medical Licensure Compact and shall take all actions
1369	1369	necessary and appropriate to effectuate the compact's purposes
1370	1370	and intent. The provisions of that compact and the rules
1371	1371	promulgated pursuant to that compact shall have standing as
1372	1372	statutory law but shall not override existing state authority
1373	1373	to regulate the practice of medicine.
1374	1374	B. All courts shall take judicial notice of the
1375	1375	Interstate Medical Licensure Compact and rules promulgated
1376	1376	pursuant to that compact in any judicial or administrative
1377	1377	proceeding in a member state pertaining to the subject matter
1378	1378	of that compact that may affect the powers, responsibilities or
1379	1379	actions of the interstate commission.
1380	1380	C. The interstate commission shall be entitled to
1381	1381	receive all services of process in such proceeding and shall
1382	1382	have standing to intervene in the proceeding for all purposes.
1383	1383	Failure to provide service of process to the interstate
1384	1384	commission shall render a judgment or order void as to the
1385	1385	interstate commission, the Interstate Medical Licensure Compact
1386	1386	or promulgated rules.
1387	1387	.229932.2
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1415	1415	ARTICLE 17 - Enforcement of Interstate Medical Licensure
1416	1416	Compact
1417	1417	A. The interstate commission, in the reasonable
1418	1418	exercise of its discretion, shall enforce the provisions and
1419	1419	rules of the Interstate Medical Licensure Compact.
1420	1420	B. The interstate commission may, by majority vote
1421	1421	of the commissioners, initiate legal action in the United
1422	1422	States district court for the District of Columbia, or, at the
1423	1423	discretion of the interstate commission, in the federal
1424	1424	district where the interstate commission has its principal
1425	1425	offices, to enforce compliance with the provisions of the
1426	1426	Interstate Medical Licensure Compact, and its promulgated rules
1427	1427	and bylaws, against a member state in default. The relief
1428	1428	sought may include both injunctive relief and damages. In the
1429	1429	event judicial enforcement is necessary, the prevailing party
1430	1430	shall be awarded all costs of such litigation, including
1431	1431	reasonable attorney fees.
1432	1432	C. The remedies provided in this article shall not
1433	1433	be the exclusive remedies of the interstate commission. The
1434	1434	interstate commission may avail itself of any other remedies
1435	1435	available under state law or regulation of a profession.
1436	1436	ARTICLE 18 - Default Procedures
1437	1437	A. The grounds for default include failure of a
1438	1438	member state to perform such obligations or responsibilities
1439	1439	imposed upon the member state by the Interstate Medical
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1468	1468	Licensure Compact or the rules and bylaws of the interstate
1469	1469	commission promulgated pursuant to that compact.
1470	1470	B. If the interstate commission determines that a
1471	1471	member state has defaulted in the performance of the member
1472	1472	state's obligations or responsibilities under the Interstate
1473	1473	Medical Licensure Compact, or the bylaws or promulgated rules,
1474	1474	the interstate commission shall:
1475	1475	(1) provide written notice to the defaulting
1476	1476	state and other member states of the nature of the default, the
1477	1477	means of curing the default and any action taken by the
1478	1478	interstate commission. The interstate commission shall specify
1479	1479	the conditions by which the defaulting state must cure its
1480	1480	default; and
1481	1481	(2) provide remedial training and specific
1482	1482	technical assistance regarding the default.
1483	1483	C. If the defaulting state fails to cure the
1484	1484	default, the defaulting state shall be terminated from the
1485	1485	Interstate Medical Licensure Compact upon an affirmative vote
1486	1486	of a majority of the commissioners, and all rights, privileges
1487	1487	and benefits conferred by the compact shall terminate on the
1488	1488	effective date of termination. A cure of the default does not
1489	1489	relieve the offending state of obligations or liabilities
1490	1490	incurred during the period of the default.
1491	1491	D. Termination of membership in the Interstate
1492	1492	Medical Licensure Compact shall be imposed only after all other
1493	1493	.229932.2
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1521	1521	means of securing compliance have been exhausted. Notice of
1522	1522	intent to terminate shall be given by the interstate commission
1523	1523	to the governor, the majority and minority leaders of the
1524	1524	defaulting state's legislature and each of the member states.
1525	1525	E. The interstate commission shall establish rules
1526	1526	and procedures to address licenses and physicians that are
1527	1527	materially impacted by the termination of a member state or the
1528	1528	withdrawal of a member state.
1529	1529	F. The member state that has been terminated is
1530	1530	responsible for all dues, obligations and liabilities incurred
1531	1531	through the effective date of termination, including
1532	1532	obligations, the performance of which extend beyond the
1533	1533	effective date of termination.
1534	1534	G. The interstate commission shall not bear any
1535	1535	costs relating to any state that has been found to be in
1536	1536	default or that has been terminated from the Interstate Medical
1537	1537	Licensure Compact unless otherwise mutually agreed upon in
1538	1538	writing between the interstate commission and the defaulting
1539	1539	state.
1540	1540	H. The defaulting state may appeal the action of
1541	1541	the interstate commission by petitioning the United States
1542	1542	district court for the District of Columbia or the federal
1543	1543	district where the interstate commission has its principal
1544	1544	offices. The prevailing party shall be awarded all costs of
1545	1545	such litigation, including reasonable attorney fees.
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1574	1574	ARTICLE 19 - Dispute Resolution
1575	1575	A. The interstate commission shall attempt, upon
1576	1576	the request of a member state, to resolve disputes that are
1577	1577	subject to the Interstate Medical Licensure Compact and that
1578	1578	may arise among member states or member boards.
1579	1579	B. The interstate commission shall promulgate rules
1580	1580	providing for both mediation and binding dispute resolution as
1581	1581	appropriate.
1582	1582	ARTICLE 20 - Member States, Effective Date and Amendment
1583	1583	A. Any state is eligible to become a member of the
1584	1584	Interstate Medical Licensure Compact.
1585	1585	B. The Interstate Medical Licensure Compact shall
1586	1586	become effective and binding upon legislative enactment of the
1587	1587	compact into law by no less than seven states. Thereafter, it
1588	1588	shall become effective and binding on a state upon enactment of
1589	1589	the compact into law by that state.
1590	1590	C. The governors of nonmember states, or the
1591	1591	governors' designees, shall be invited to participate in the
1592	1592	activities of the interstate commission on a nonvoting basis
1593	1593	prior to adoption of the Interstate Medical Licensure Compact
1594	1594	by all states.
1595	1595	D. The interstate commission may propose amendments
1596	1596	to the Interstate Medical Licensure Compact for enactment by
1597	1597	the member states. No amendment shall become effective and
1598	1598	binding upon the interstate commission and the member states
1599	1599	.229932.2
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1627	1627	unless and until the amendment is enacted into law by unanimous
1628	1628	consent of the member states.
1629	1629	ARTICLE 21 - Withdrawal
1630	1630	A. Once effective, the Interstate Medical Licensure
1631	1631	Compact shall continue in force and remain binding upon each
1632	1632	member state; provided that a member state may withdraw from
1633	1633	the compact by specifically repealing the statute that enacted
1634	1634	the compact into law.
1635	1635	B. Withdrawal from the Interstate Medical Licensure
1636	1636	Compact shall be by the enactment of a statute repealing the
1637	1637	compact, but shall not take effect until one year after the
1638	1638	effective date of that law and until written notice of the
1639	1639	withdrawal has been given by the withdrawing state to the
1640	1640	governor of each other member state.
1641	1641	C. The withdrawing state shall immediately notify
1642	1642	the chair of the interstate commission in writing upon the
1643	1643	introduction of legislation to repeal the Interstate Medical
1644	1644	Licensure Compact in the withdrawing state.
1645	1645	D. The interstate commission shall notify the other
1646	1646	member states of the withdrawing state's intent to withdraw
1647	1647	within sixty days of receipt of notice provided under
1648	1648	Subsection C of this article.
1649	1649	E. The withdrawing state is responsible for all
1650	1650	dues, obligations and liabilities incurred through the
1651	1651	effective date of withdrawal, including obligations, the
1652	1652	.229932.2
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1680	1680	performance of which extend beyond the effective date of
1681	1681	withdrawal.
1682	1682	F. Reinstatement following withdrawal of a member
1683	1683	state shall occur upon the withdrawing state reenacting the
1684	1684	Interstate Medical Licensure Compact or upon such later date as
1685	1685	determined by the interstate commission.
1686	1686	G. The interstate commission is authorized to
1687	1687	develop rules to address the impact of the withdrawal of a
1688	1688	member state on licenses granted in other member states to
1689	1689	physicians who designated the withdrawing member state as the
1690	1690	state of principal license.
1691	1691	ARTICLE 22 - Dissolution
1692	1692	A. The Interstate Medical Licensure Compact shall
1693	1693	dissolve effective upon the date of the withdrawal or default
1694	1694	of the member state that reduces the membership of the compact
1695	1695	to one member state.
1696	1696	B. Upon the dissolution of the Interstate Medical
1697	1697	Licensure Compact, the compact becomes void and shall be of no
1698	1698	further force, and the business and affairs of the interstate
1699	1699	commission shall be concluded and surplus funds shall be
1700	1700	distributed in accordance with the bylaws.
1701	1701	ARTICLE 23 - Severability and Construction
1702	1702	A. The provisions of the Interstate Medical
1703	1703	Licensure Compact shall be severable, and if any phrase,
1704	1704	clause, sentence or provision is deemed unenforceable, the
1705	1705	.229932.2
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1733	1733	remaining provisions of the compact shall be enforceable.
1734	1734	B. The provisions of the Interstate Medical
1735	1735	Licensure Compact shall be liberally construed to effectuate
1736	1736	the purposes of that compact.
1737	1737	C. Nothing in the Interstate Medical Licensure
1738	1738	Compact shall be construed to prohibit the applicability of
1739	1739	other interstate compacts to which the member states are
1740	1740	members.
1741	1741	ARTICLE 24 - Binding Effect of the Interstate Medical Licensure
1742	1742	Compact and Other Laws
1743	1743	A. Nothing in the Interstate Medical Licensure
1744	1744	Compact prevents the enforcement of any other law of a member
1745	1745	state that is not inconsistent with that compact.
1746	1746	B. All laws in a member state in conflict with the
1747	1747	Interstate Medical Licensure Compact are superseded to the
1748	1748	extent of the conflict.
1749	1749	C. All lawful actions of the interstate commission,
1750	1750	including all rules and bylaws promulgated by the interstate
1751	1751	commission, are binding upon the member states.
1752	1752	D. All agreements between the interstate commission
1753	1753	and the member states are binding in accordance with their
1754	1754	terms.
1755	1755	E. In the event any provision of the Interstate
1756	1756	Medical Licensure Compact exceeds the constitutional limits
1757	1757	imposed on the legislature of any member state, such provision
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1786	1786	shall be ineffective to the extent of the conflict with the
1787	1787	constitutional provision in question in that member state.".
1788	1788	SECTION 3. [NEW MATERIAL] APPOINTMENT OF COMMISSIONERS.--
1789	1789	A. The governor shall appoint two members of the
1790	1790	New Mexico medical board who are licensed physicians to serve
1791	1791	as commissioners. One member shall be a medical doctor and one
1792	1792	member shall be an osteopathic physician. A member shall serve
1793	1793	until the member's successor has been appointed and qualified.
1794	1794	Each member serves at the pleasure of the governor or until the
1795	1795	member is no longer a member of the New Mexico medical board.
1796	1796	If a position is vacated, the position shall be filled by
1797	1797	appointment by the governor of a medical board member who meets
1798	1798	the qualification of the vacating member.
1799	1799	B. The governor may appoint an alternative
1800	1800	commissioner who meets the qualifications of Subsection D of
1801	1801	Article 11 of the Interstate Medical Licensure Compact to serve
1802	1802	in the absence of a regular commissioner and who has voting
1803	1803	authority only for a specified meeting of the interstate
1804	1804	commission.
1805	1805	SECTION 4. [NEW MATERIAL] RULES OF INTERSTATE
1806	1806	COMMISSION.--The interstate commission shall file copies of its
1807	1807	current bylaws and rules with the state records administrator
1808	1808	in accordance with the State Rules Act.
1809	1809	- 34 -
1810	1810	.229932.2