New Mexico 2025 Regular Session

New Mexico Senate Bill SB46 Compare Versions

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

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28	28	SENATE BILL 46
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Linda M. Trujillo
32	32	AN ACT
33	33	RELATING TO LICENSURE; ENACTING THE INTERSTATE MEDICAL
34	34	LICENSURE COMPACT; PROVIDING FOR THE APPOINTMENT OF NEW MEXICO
35	35	COMPACT COMMISSIONERS; REQUIRING THE FILING OF INTERSTATE
36	36	COMMISSION BYLAWS AND RULES WITH THE STATE RECORDS
37	37	ADMINISTRATOR.
38	38	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
39	39	SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
40	40	cited as the "Interstate Medical Licensure Compact".
41	41	SECTION 2. [NEW MATERIAL] INTERSTATE MEDICAL LICENSURE
42	42	COMPACT ENTERED INTO.--The "Interstate Medical Licensure
43	43	Compact" is enacted into law and entered into on behalf of New
44	44	Mexico with any and all other states legally joining therein in
45	45	a form substantially as follows:
46	46	"INTERSTATE MEDICAL LICENSURE COMPACT
47	47	.228864.1 underscored material = new
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74	74	ARTICLE 1 - Purpose
75	75	In order to strengthen access to health care, and in
76	76	recognition of the advances in the delivery of health care, the
77	77	member states of the Interstate Medical Licensure Compact have
78	78	allied in common purpose to develop a comprehensive process
79	79	that complements the existing licensing and regulatory
80	80	authority of state medical boards, provides a streamlined
81	81	process that allows physicians to become licensed in multiple
82	82	states, enhances the portability of a medical license and
83	83	ensures the safety of patients. The compact creates another
84	84	pathway for licensure and does not otherwise change a state's
85	85	existing medical practice act. The compact also adopts the
86	86	prevailing standard for licensure and affirms that the practice
87	87	of medicine occurs where the patient is located at the time of
88	88	the physician-patient encounter and, therefore, requires the
89	89	physician to be under the jurisdiction of the state medical
90	90	board where the patient is located. State medical boards that
91	91	participate in the compact retain the jurisdiction to impose an
92	92	adverse action against a license to practice medicine in that
93	93	state issued to a physician through the procedures in the
94	94	compact.
95	95	ARTICLE 2 - Definitions
96	96	In the Interstate Medical Licensure Compact:
97	97	A. "bylaws" means those bylaws established by the
98	98	interstate commission;
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127	127	B. "commissioner" means the voting representative
128	128	appointed by each member board;
129	129	C. "conviction" means a finding by a court that a
130	130	person is guilty of a criminal offense through adjudication or
131	131	entry of a plea of guilt or no contest to the charge by the
132	132	offender. Evidence of an entry of a conviction of a criminal
133	133	offense by the court shall be considered final for purposes of
134	134	disciplinary action by a member board;
135	135	D. "expedited license" means a full and
136	136	unrestricted medical license granted by a member state to an
137	137	eligible physician through the process set forth in the
138	138	Interstate Medical Licensure Compact;
139	139	E. "interstate commission" means the interstate
140	140	medical licensure compact commission;
141	141	F. "license" means authorization by a member state
142	142	for a physician to engage in the practice of medicine, which
143	143	would be unlawful without authorization;
144	144	G. "medical practice act" means laws and rules
145	145	governing the practice of allopathic and osteopathic medicine
146	146	within a member state;
147	147	H. "member board" means a state agency in a member
148	148	state that acts in the sovereign interests of the state by
149	149	protecting the public through licensure, regulation and
150	150	education of physicians as directed by the state government;
151	151	I. "member state" means a state that has enacted
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180	180	the Interstate Medical Licensure Compact;
181	181	J. "offense" means a felony or gross misdemeanor;
182	182	K. "physician" means a person who:
183	183	(1) is a graduate of a medical school
184	184	accredited by the liaison committee on medical education, the
185	185	commission on osteopathic college accreditation or a medical
186	186	school listed in the World Directory of Medical Schools or its
187	187	equivalent;
188	188	(2) passed each component of the United States
189	189	medical licensing examination or the comprehensive osteopathic
190	190	medical licensing examination of the United States within three
191	191	attempts, or any of its predecessor examinations accepted by a
192	192	state medical board as an equivalent examination for licensure
193	193	purposes;
194	194	(3) successfully completed graduate medical
195	195	education approved by the accreditation council for graduate
196	196	medical education or the American osteopathic association;
197	197	(4) holds specialty certification or a time-
198	198	unlimited specialty certificate recognized by the American
199	199	board of medical specialties or the American osteopathic
200	200	association bureau of osteopathic specialists;
201	201	(5) possesses a full and unrestricted license
202	202	to engage in the practice of medicine issued by a member board;
203	203	(6) has never been convicted or received
204	204	adjudication, deferred adjudication, community supervision or
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233	233	deferred disposition for any offense by a court of appropriate
234	234	jurisdiction;
235	235	(7) has never held a license authorizing the
236	236	practice of medicine subjected to discipline by a licensing
237	237	agency in any state, federal or foreign jurisdiction, excluding
238	238	any action related to nonpayment of fees related to a license;
239	239	(8) has never had a controlled substance
240	240	license or permit suspended or revoked by a state or the United
241	241	States drug enforcement administration; and
242	242	(9) is not under active investigation by a
243	243	licensing agency or law enforcement authority in any state,
244	244	federal or foreign jurisdiction;
245	245	L. "practice of medicine" means that clinical
246	246	prevention, diagnosis or treatment of human disease, injury or
247	247	condition requiring a physician to obtain and maintain a
248	248	license in compliance with the medical practice act of a member
249	249	state;
250	250	M. "rule" means a written statement by the
251	251	interstate commission promulgated pursuant to Article 12 of the
252	252	Interstate Medical Licensure Compact that is of general
253	253	applicability, implements, interprets or prescribes a policy or
254	254	provision of the compact, or is an organizational, procedural
255	255	or practice requirement of the interstate commission, and has
256	256	the force and effect of statutory law in a member state and
257	257	includes the amendment, repeal or suspension of an existing
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286	286	rule;
287	287	N. "state" means any state, commonwealth, district
288	288	or territory of the United States; and
289	289	O. "state of principal license" means a member
290	290	state in which a physician holds a license to practice medicine
291	291	and that has been designated as such by the physician for
292	292	purposes of registration and participation in the Interstate
293	293	Medical Licensure Compact.
294	294	ARTICLE 3 - Eligibility
295	295	A. A physician must meet the eligibility
296	296	requirements as defined in Subsection K of Article 2 of the
297	297	Interstate Medical Licensure Compact to receive an expedited
298	298	license under the terms and provisions of that compact.
299	299	B. A physician who does not meet the requirements
300	300	of Subsection K of Article 2 of the Interstate Medical
301	301	Licensure Compact may obtain a license to practice medicine in
302	302	a member state if the person complies with all laws and
303	303	requirements other than that compact relating to the issuance
304	304	of a license to practice medicine in that state.
305	305	ARTICLE 4 - Designation of State of Principal License
306	306	A. A physician shall designate a member state as
307	307	the state of principal license for purposes of registration for
308	308	expedited licensure through the Interstate Medical Licensure
309	309	Compact if the physician possesses a full and unrestricted
310	310	license to practice medicine in that state, and the state is:
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339	339	(1) the state of principal residence for the
340	340	physician;
341	341	(2) the state in which at least twenty-five
342	342	percent of the physician's practice of medicine occurs;
343	343	(3) the location of the physician's employer;
344	344	or
345	345	(4) the state designated as state of residence
346	346	for the purpose of federal income tax if a state does not
347	347	qualify under Paragraph (1), (2) or (3) of this subsection.
348	348	B. A physician may redesignate a member state as a
349	349	state of principal license at any time if the state meets the
350	350	requirements of Subsection A of this article.
351	351	C. The interstate commission is authorized to
352	352	develop rules to facilitate redesignation of another member
353	353	state as the state of principal license.
354	354	ARTICLE 5 - Application and Issuance of Expedited Licensure
355	355	A. A physician seeking licensure through the
356	356	Interstate Medical Licensure Compact shall file an application
357	357	for an expedited license with the member board of the state
358	358	selected by the physician as the state of principal license.
359	359	B. Upon receipt of an application for an expedited
360	360	license, the member board within the state of principal license
361	361	shall evaluate whether the physician is eligible for expedited
362	362	licensure and issue a letter of qualification, verifying or
363	363	denying the physician's eligibility, to the interstate
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392	392	commission.
393	393	(1) Static qualifications, which include
394	394	verification of medical education, graduate medical education,
395	395	results of any medical or licensing examination and other
396	396	qualifications as determined by the interstate commission
397	397	through rule, shall not be subject to additional primary-source
398	398	verification if primary-source verification has been conducted
399	399	by the state of principal license.
400	400	(2) The member board of the state of principal
401	401	license shall, in the course of verifying eligibility, perform
402	402	a criminal background check of an applicant, including the use
403	403	of the results of fingerprint or other biometric data checks
404	404	compliant with the requirements of the federal bureau of
405	405	investigation, with the exception of federal employees who have
406	406	suitability determination in accordance with 5 Code of Federal
407	407	Register Section 731.202.
408	408	(3) Appeal on the determination of eligibility
409	409	shall be made to the member state where the application was
410	410	filed and shall be subject to the law of that state.
411	411	C. Upon verification pursuant to Subsection B of
412	412	this article, physicians eligible for an expedited license
413	413	shall complete the registration process established by the
414	414	interstate commission to receive a license in a member state
415	415	selected pursuant to Subsection A of this article, including
416	416	the payment of applicable fees.
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445	445	D. After receiving verification of eligibility
446	446	pursuant to Subsection B of this article and payment of fees
447	447	pursuant to Subsection C of this article, a member board shall
448	448	issue an expedited license to the physician. This license
449	449	shall authorize the physician to practice medicine in the
450	450	issuing state consistent with the medical practice act and all
451	451	applicable laws and rules of the issuing member board and
452	452	member state.
453	453	E. An expedited license shall be valid for a period
454	454	consistent with the licensure period in the member state and in
455	455	the same manner as required for other physicians holding a full
456	456	and unrestricted license within the member state.
457	457	F. An expedited license obtained through the
458	458	Interstate Medical Licensure Compact shall be terminated if a
459	459	physician fails to maintain the license in the state of
460	460	principal licensure for a non-disciplinary reason, without
461	461	redesignation of a new state of principal licensure.
462	462	G. The interstate commission is authorized to
463	463	develop rules regarding the application process, including
464	464	payment of any applicable fees, and the issuance of an
465	465	expedited license.
466	466	ARTICLE 6 - Fees for Expedited Licensure
467	467	A. A member state issuing an expedited license
468	468	authorizing the practice of medicine in that state may impose a
469	469	fee for a license issued or renewed through the Interstate
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498	498	Medical Licensure Compact.
499	499	B. The interstate commission is authorized to
500	500	develop rules regarding fees for expedited licenses.
501	501	ARTICLE 7 - Renewal and Continued Participation
502	502	A. A physician seeking to renew an expedited
503	503	license granted in a member state shall complete a renewal
504	504	process with the interstate commission if the physician:
505	505	(1) maintains a full and unrestricted license
506	506	in the state of principal license;
507	507	(2) has not been convicted, received
508	508	adjudication, deferred adjudication, community supervision or
509	509	deferred disposition for an offense by a court of appropriate
510	510	jurisdiction;
511	511	(3) has not had a license authorizing the
512	512	practice of medicine subject to discipline by a licensing
513	513	agency in any state, federal or foreign jurisdiction, excluding
514	514	any action related to nonpayment of fees related to a license;
515	515	and
516	516	(4) has not had a controlled substance license
517	517	or permit suspended or revoked by a state or the United States
518	518	drug enforcement administration.
519	519	B. Physicians shall comply with all continuing
520	520	professional development or continuing medical education
521	521	requirements for renewal of a license issued by a member state.
522	522	C. The interstate commission shall collect the
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551	551	renewal fees charged for the renewal of a license and
552	552	distribute the fees to the applicable member board.
553	553	D. Upon receipt of the renewal fees collected in
554	554	Subsection C of this article, a member board shall renew the
555	555	physician's license.
556	556	E. Physician information collected by the
557	557	interstate commission during the renewal process will be
558	558	distributed to all member boards.
559	559	F. The interstate commission is authorized to
560	560	develop rules to address renewal of licenses obtained through
561	561	the Interstate Medical Licensure Compact.
562	562	ARTICLE 8 - Coordinated Information System
563	563	A. The interstate commission shall establish a
564	564	database of all physicians licensed, or who have applied for
565	565	licensure, pursuant to Article 5 of the Interstate Medical
566	566	Licensure Compact.
567	567	B. Notwithstanding any other provision of law,
568	568	member boards shall report to the interstate commission any
569	569	public action or complaint against a licensed physician who has
570	570	applied or received an expedited license through the Interstate
571	571	Medical Licensure Compact.
572	572	C. Member boards shall report disciplinary or
573	573	investigatory information determined as necessary and proper by
574	574	rule of the interstate commission.
575	575	D. Member boards may report any nonpublic
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604	604	complaint, disciplinary or investigatory information not
605	605	required by Subsection C of this article to the interstate
606	606	commission.
607	607	E. Member boards shall share complaint or
608	608	disciplinary information about a physician upon request of
609	609	another member board.
610	610	F. All information provided to the interstate
611	611	commission or distributed by member boards shall be
612	612	confidential, filed under seal and used only for investigatory
613	613	or disciplinary matters.
614	614	G. The interstate commission is authorized to
615	615	develop rules for mandated or discretionary sharing of
616	616	information by member boards.
617	617	ARTICLE 9 - Joint Investigations
618	618	A. Licensure and disciplinary records of physicians
619	619	are deemed investigative.
620	620	B. In addition to the authority granted to a member
621	621	board by its respective medical practice act or other
622	622	applicable state law, a member board may participate with other
623	623	member boards in joint investigations of physicians licensed by
624	624	the member boards.
625	625	C. A subpoena issued by a member state shall be
626	626	enforceable in other member states.
627	627	D. Member boards may share investigative,
628	628	litigation or compliance materials in furtherance of any joint
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657	657	or individual investigation initiated under the Interstate
658	658	Medical Licensure Compact.
659	659	E. A member state may investigate actual or alleged
660	660	violations of the statutes authorizing the practice of medicine
661	661	in any other member state in which a physician holds a license
662	662	to practice medicine.
663	663	ARTICLE 10 - Disciplinary Actions
664	664	A. A disciplinary action taken by a member board
665	665	against a physician licensed through the Interstate Medical
666	666	Licensure Compact shall be deemed unprofessional conduct that
667	667	may be subject to discipline by other member boards, in
668	668	addition to a violation of the medical practice act or rules in
669	669	that state.
670	670	B. If a license granted to a physician by the
671	671	member board in the state of principal license is revoked,
672	672	surrendered or relinquished in lieu of discipline or suspended,
673	673	then all licenses issued to the physician by member boards
674	674	shall automatically be placed, without further action necessary
675	675	by any member board, on the same status. If the member board
676	676	in the state of principal license subsequently reinstates the
677	677	physician's license, a license issued to the physician by any
678	678	other member board shall remain encumbered until that
679	679	respective member board takes action to reinstate the license
680	680	in a manner consistent with the medical practice act of that
681	681	state.
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710	710	C. If disciplinary action is taken against a
711	711	physician by a member board not in the state of principal
712	712	license, any other member board may deem the action conclusive
713	713	as to matter of law and fact decided and:
714	714	(1) impose the same or lesser sanctions
715	715	against the physician so long as such sanctions are consistent
716	716	with the medical practice act of that state; or
717	717	(2) pursue separate disciplinary action
718	718	against the physician under that state's respective medical
719	719	practice act, regardless of the action taken in other member
720	720	states.
721	721	D. If a license granted to a physician by a member
722	722	board is revoked, surrendered or relinquished in lieu of
723	723	discipline or suspended, then any licenses issued to the
724	724	physician by other member boards shall be suspended,
725	725	automatically and immediately without further action necessary
726	726	by the other member boards, for ninety days upon entry of the
727	727	order by the disciplining board, to permit the member boards to
728	728	investigate the basis for the action under the medical practice
729	729	act of that state. A member board may terminate the automatic
730	730	suspension of the license the member board issued prior to the
731	731	completion of the ninety-day suspension period in a manner
732	732	consistent with the medical practice act of that state.
733	733	ARTICLE 11 - Interstate Medical Licensure Compact Commission
734	734	A. The "interstate medical licensure compact
735	735	.228864.1
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739	739	2
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763	763	commission" is created by the member states in accordance with
764	764	the provisions of this article.
765	765	B. The purpose of the interstate commission is the
766	766	administration of the Interstate Medical Licensure Compact,
767	767	which is a discretionary state function.
768	768	C. The interstate commission shall be a body
769	769	corporate and joint agency of the member states and shall have
770	770	all the responsibilities, powers and duties set forth in the
771	771	Interstate Medical Licensure Compact and such additional powers
772	772	as may be conferred upon it by a subsequent concurrent action
773	773	of the respective legislatures of the member states in
774	774	accordance with the terms of the compact.
775	775	D. The interstate commission shall consist of two
776	776	voting representatives appointed by each member state who shall
777	777	serve as commissioners. In states where allopathic and
778	778	osteopathic physicians are regulated by separate member boards
779	779	or if the licensing and disciplinary authority is split between
780	780	separate member boards or if the licensing and disciplinary
781	781	authority is split between multiple member boards within a
782	782	member state, the member state shall appoint one representative
783	783	from each member board. A commissioner shall be:
784	784	(1) an allopathic or osteopathic physician
785	785	appointed to a member board;
786	786	(2) an executive director, executive secretary
787	787	or similar executive of a member board; or
788	788	.228864.1
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816	816	(3) a member of the public appointed to a
817	817	member board.
818	818	E. The interstate commission shall meet at least
819	819	once each calendar year. A portion of this meeting shall be a
820	820	business meeting to address such matters as may properly come
821	821	before the commission, including the election of officers. The
822	822	chair may call additional meetings and shall call for a meeting
823	823	upon the request of a majority of the member states.
824	824	F. The bylaws may provide for meetings of the
825	825	interstate commission to be conducted by telecommunication or
826	826	electronic communication.
827	827	G. Each commissioner participating at a meeting of
828	828	the interstate commission is entitled to one vote. A majority
829	829	of commissioners shall constitute a quorum for the transaction
830	830	of business unless a larger quorum is required by the bylaws of
831	831	the interstate commission. A commissioner shall not delegate a
832	832	vote to another commissioner. In the absence of a member
833	833	state's commissioner, the member state may delegate voting
834	834	authority for a specified meeting to another person from that
835	835	state who shall meet the requirements of Subsection D of this
836	836	article.
837	837	H. The interstate commission shall provide public
838	838	notice of all meetings, and all meetings shall be open to the
839	839	public. The interstate commission may close a meeting, in full
840	840	or in portion, where the interstate commission determines by a
841	841	.228864.1
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845	845	2
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869	869	two-thirds' vote of the commissioners present that an open
870	870	meeting would be likely to:
871	871	(1) relate solely to the internal personnel
872	872	practice and procedures of the interstate commission;
873	873	(2) discuss matters specifically exempted from
874	874	disclosure by federal statute;
875	875	(3) discuss trade secrets or commercial or
876	876	financial information that is privileged or confidential;
877	877	(4) involve accusing a person of a crime or
878	878	formally censuring a person;
879	879	(5) discuss information of a personal nature,
880	880	in which disclosure would constitute a clearly unwarranted
881	881	invasion of personal privacy;
882	882	(6) discuss investigative records compiled for
883	883	law enforcement purposes; or
884	884	(7) specifically relate to the participation
885	885	in a civil action or other legal proceeding.
886	886	I. The interstate commission shall keep minutes
887	887	that shall fully describe all matters discussed in a meeting
888	888	and shall provide a full and accurate summary of actions taken,
889	889	including record of any roll call votes.
890	890	J. The interstate commission shall make its
891	891	information and official records, to the extent not otherwise
892	892	designated in the Interstate Medical Licensure Compact or by
893	893	its rules, available to the public for inspection.
894	894	.228864.1
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896	896	[bracketed material] = delete
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898	898	2
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920	920	24
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922	922	K. The interstate commission shall establish an
923	923	executive committee that shall include officers, members and
924	924	others as determined by the bylaws. The executive committee
925	925	shall have the power to act on behalf of the interstate
926	926	commission, with the exception of rulemaking, during periods
927	927	when the interstate commission is not in session. When acting
928	928	on behalf of the interstate commission, the executive committee
929	929	shall oversee the administration of the Interstate Medical
930	930	Licensure Compact, including enforcement and compliance with
931	931	the provisions of the compact, its bylaws and rules and other
932	932	such duties as necessary.
933	933	L. The interstate commission shall establish other
934	934	committees for governance and administration of the Interstate
935	935	Medical Licensure Compact.
936	936	ARTICLE 12 - Powers and Duties of the Interstate Commission
937	937	The interstate commission shall have the duty and power
938	938	to:
939	939	A. oversee and maintain the administration of the
940	940	Interstate Medical Licensure Compact;
941	941	B. promulgate rules that shall be binding to the
942	942	extent and in the manner provided for in the Interstate Medical
943	943	Licensure Compact;
944	944	C. issue, upon the request of a member state or
945	945	member board, advisory opinions concerning the meaning or
946	946	interpretation of the Interstate Medical Licensure Compact, its
947	947	.228864.1
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949	949	[bracketed material] = delete
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951	951	2
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972	972	23
973	973	24
974	974	25
975	975	bylaws, rules and actions;
976	976	D. enforce compliance with Interstate Medical
977	977	Licensure Compact provisions, the rules promulgated by the
978	978	interstate commission and the bylaws, using all necessary and
979	979	proper means, including the use of judicial process;
980	980	E. establish and appoint committees, including an
981	981	executive committee as required by Article 11 of the Interstate
982	982	Medical Licensure Compact, which shall have the power to act on
983	983	behalf of the interstate commission in carrying out the
984	984	interstate commission's powers and duties;
985	985	F. pay, or provide for the payment of, the expenses
986	986	related to the establishment, organization and ongoing
987	987	activities of the interstate commission;
988	988	G. establish and maintain one or more offices;
989	989	H. borrow, accept, hire or contract for services of
990	990	personnel;
991	991	I. purchase and maintain insurance and bonds;
992	992	J. employ an executive director who shall have such
993	993	powers to employ, select or appoint employees, agents or
994	994	consultants and to determine their qualifications, define their
995	995	duties and fix their compensation;
996	996	K. establish personnel policies and programs
997	997	relating to conflicts of interest, rates of compensation and
998	998	qualifications of personnel;
999	999	L. accept donations and grants of money, equipment,
1000	1000	.228864.1
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1004	1004	2
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1026	1026	24
1027	1027	25
1028	1028	supplies, materials and services and to receive, utilize and
1029	1029	dispose of donations and grants of money, equipment, supplies,
1030	1030	materials and services in a manner consistent with the conflict
1031	1031	of interest policies established by the interstate commission;
1032	1032	M. lease, purchase, accept contributions or
1033	1033	donations of or otherwise to own, hold, improve or use any
1034	1034	property, real, personal or mixed;
1035	1035	N. sell, convey, mortgage, pledge, lease, exchange,
1036	1036	abandon or otherwise dispose of any property, real, personal or
1037	1037	mixed;
1038	1038	O. establish a budget and make expenditures;
1039	1039	P. adopt a seal and bylaws governing the management
1040	1040	and operation of the interstate commission;
1041	1041	Q. report annually to the legislatures and
1042	1042	governors of the member states concerning the activities of the
1043	1043	interstate commission during the preceding year. Such reports
1044	1044	shall also include reports of financial audits and any
1045	1045	recommendations that may have been adopted by the interstate
1046	1046	commission;
1047	1047	R. coordinate education, training and public
1048	1048	awareness regarding the Interstate Medical Licensure Compact,
1049	1049	its implementation and its operation;
1050	1050	S. maintain records in accordance with the bylaws;
1051	1051	T. seek and obtain trademarks, copyrights and
1052	1052	patents; and
1053	1053	.228864.1
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1057	1057	2
1058	1058	3
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1076	1076	21
1077	1077	22
1078	1078	23
1079	1079	24
1080	1080	25
1081	1081	U. perform such functions as may be necessary or
1082	1082	appropriate to achieve the purpose of the Interstate Medical
1083	1083	Licensure Compact.
1084	1084	ARTICLE 13 - Finance Powers
1085	1085	A. The interstate commission may levy on and
1086	1086	collect an annual assessment from each member state to cover
1087	1087	the cost of the operations and activities of the interstate
1088	1088	commission and its staff. The total assessment must be
1089	1089	sufficient to cover the annual budget approved each year for
1090	1090	which revenue is not provided by other sources. The aggregate
1091	1091	annual assessment amount shall be allocated upon a formula to
1092	1092	be determined by the interstate commission, which shall
1093	1093	promulgate a rule binding upon all member states.
1094	1094	B. The interstate commission shall not incur
1095	1095	obligations of any kind prior to securing the funds adequate to
1096	1096	meet the same.
1097	1097	C. The interstate commission shall not pledge the
1098	1098	credit of any of the member states, except by, and with the
1099	1099	authority of, the member state.
1100	1100	D. The interstate commission shall be subject to a
1101	1101	yearly financial audit conducted by a certified or licensed
1102	1102	accountant, and the report of the audit shall be included in
1103	1103	the annual report of the interstate commission.
1104	1104	ARTICLE 14 - Organization and Operation of the Interstate
1105	1105	Commission
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1131	1131	23
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1134	1134	A. The interstate commission shall, by a majority
1135	1135	of commissioners present and voting, adopt bylaws to govern the
1136	1136	interstate commission's conduct as may be necessary or
1137	1137	appropriate to carry out the purposes of the Interstate Medical
1138	1138	Licensure Compact within twelve months of the first interstate
1139	1139	commission meeting.
1140	1140	B. The interstate commission shall elect or appoint
1141	1141	annually from among its commissioners a chair, a vice chair and
1142	1142	a treasurer, each of whom shall have such authority and duties
1143	1143	as may be specified in the bylaws. The chair or, in the
1144	1144	chair's absence or disability, the vice chair, shall preside at
1145	1145	all meetings of the interstate commission.
1146	1146	C. Officers selected pursuant to Subsection B of
1147	1147	this article shall serve without remuneration from the
1148	1148	interstate commission.
1149	1149	D. The officers and employees of the interstate
1150	1150	commission shall be immune from suit and liability, either
1151	1151	personally or in their official capacity, for a claim for
1152	1152	damage to or loss of property or personal injury or other civil
1153	1153	liability caused or arising out of, or relating to, an actual
1154	1154	or alleged act, error or omission that occurred, or that such
1155	1155	person had a reasonable basis for believing occurred, within
1156	1156	the scope of interstate commission employment, duties or
1157	1157	responsibilities; provided that such person shall not be
1158	1158	protected from suit or liability for damage, loss, injury or
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1186	1186	25
1187	1187	liability caused by the intentional or willful and wanton
1188	1188	misconduct of such person.
1189	1189	E. The liability of the executive director and
1190	1190	employees of the interstate commission or representatives of
1191	1191	the interstate commission, acting within the scope of such
1192	1192	person's employment or duties for acts, errors or omissions
1193	1193	occurring within such person's state, may not exceed the limits
1194	1194	of liability set forth under the constitution and laws of that
1195	1195	state for state officials, employees and agents. The
1196	1196	interstate commission is considered to be an instrumentality of
1197	1197	the states for the purpose of any such action. Nothing in this
1198	1198	subsection shall be construed to protect such person from suit
1199	1199	or liability for damage, loss, injury or liability caused by
1200	1200	the intentional or willful and wanton misconduct of such
1201	1201	person.
1202	1202	F. The interstate commission shall defend the
1203	1203	executive director and its employees, and, subject to the
1204	1204	approval of the attorney general or other appropriate legal
1205	1205	counsel of the member state represented by an interstate
1206	1206	commission representative, shall defend such interstate
1207	1207	commission representative in any civil action seeking to impose
1208	1208	liability arising out of an actual or alleged act, error or
1209	1209	omission that occurred within the scope of interstate
1210	1210	commission employment, duties or responsibilities, or that the
1211	1211	defendant had a reasonable basis for believing occurred within
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1240	1240	the scope of interstate commission employment, duties or
1241	1241	responsibilities; provided that the actual or alleged act,
1242	1242	error or omission did not result from intentional or willful
1243	1243	and wanton misconduct on the part of such person.
1244	1244	G. To the extent not covered by the state involved,
1245	1245	member state or the interstate commission, the representatives
1246	1246	or employees of the interstate commission shall be held
1247	1247	harmless in the amount of a settlement or judgment, including
1248	1248	attorney fees and costs, obtained against such persons arising
1249	1249	out of an actual or alleged act, error or omission that
1250	1250	occurred within the scope of the interstate commission
1251	1251	employment, duties or responsibilities, or that such persons
1252	1252	had a reasonable basis for believing occurred within the scope
1253	1253	of interstate commission employment, duties or
1254	1254	responsibilities; provided that the actual or alleged act,
1255	1255	error or omission did not result from intentional or willful
1256	1256	and wanton misconduct on the part of such person.
1257	1257	ARTICLE 15 - Rulemaking Functions of the Interstate Commission
1258	1258	A. The interstate commission shall promulgate
1259	1259	reasonable rules to effectively and efficiently achieve the
1260	1260	purpose of the Interstate Medical Licensure Compact; provided
1261	1261	that in the event the interstate commission exercises
1262	1262	rulemaking authority in a manner that is beyond the scope of
1263	1263	the purposes of that compact or the powers granted by that
1264	1264	compact, then such an action by the interstate commission shall
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1293	1293	be invalid and have no force or effect.
1294	1294	B. Rules deemed appropriate for the operations of
1295	1295	the interstate commission shall be made pursuant to a
1296	1296	rulemaking process that substantially conforms to the model
1297	1297	state administrative procedure act of 2010 and subsequent
1298	1298	amendments to that act.
1299	1299	C. No later than thirty days after a rule is
1300	1300	promulgated, a person may file a petition for judicial review
1301	1301	of the rule in the United States district court for the
1302	1302	District of Columbia or the federal district where the
1303	1303	interstate commission has its principal offices; provided that
1304	1304	the filing of such a petition shall not stay or otherwise
1305	1305	prevent the rule from becoming effective unless the court finds
1306	1306	that the petitioner has a substantial likelihood of success.
1307	1307	The court shall give deference to the actions of the interstate
1308	1308	commission consistent with applicable law and shall not find
1309	1309	the rule to be unlawful if the rule represents a reasonable
1310	1310	exercise of the authority granted to the interstate commission.
1311	1311	ARTICLE 16 - Oversight of Interstate Medical Licensure Compact
1312	1312	A. The executive, legislative and judicial branches
1313	1313	of state government in each member state shall enforce the
1314	1314	Interstate Medical Licensure Compact and shall take all actions
1315	1315	necessary and appropriate to effectuate the compact's purposes
1316	1316	and intent. The provisions of that compact and the rules
1317	1317	promulgated pursuant to that compact shall have standing as
1318	1318	.228864.1
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1346	1346	statutory law but shall not override existing state authority
1347	1347	to regulate the practice of medicine.
1348	1348	B. All courts shall take judicial notice of the
1349	1349	Interstate Medical Licensure Compact and rules promulgated
1350	1350	pursuant to that compact in any judicial or administrative
1351	1351	proceeding in a member state pertaining to the subject matter
1352	1352	of that compact that may affect the powers, responsibilities or
1353	1353	actions of the interstate commission.
1354	1354	C. The interstate commission shall be entitled to
1355	1355	receive all services of process in such proceeding and shall
1356	1356	have standing to intervene in the proceeding for all purposes.
1357	1357	Failure to provide service of process to the interstate
1358	1358	commission shall render a judgment or order void as to the
1359	1359	interstate commission, the Interstate Medical Licensure Compact
1360	1360	or promulgated rules.
1361	1361	ARTICLE 17 - Enforcement of Interstate Medical Licensure
1362	1362	Compact
1363	1363	A. The interstate commission, in the reasonable
1364	1364	exercise of its discretion, shall enforce the provisions and
1365	1365	rules of the Interstate Medical Licensure Compact.
1366	1366	B. The interstate commission may, by majority vote
1367	1367	of the commissioners, initiate legal action in the United
1368	1368	States district court for the District of Columbia, or, at the
1369	1369	discretion of the interstate commission, in the federal
1370	1370	district where the interstate commission has its principal
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1399	1399	offices, to enforce compliance with the provisions of the
1400	1400	Interstate Medical Licensure Compact, and its promulgated rules
1401	1401	and bylaws, against a member state in default. The relief
1402	1402	sought may include both injunctive relief and damages. In the
1403	1403	event judicial enforcement is necessary, the prevailing party
1404	1404	shall be awarded all costs of such litigation, including
1405	1405	reasonable attorney fees.
1406	1406	C. The remedies provided in this article shall not
1407	1407	be the exclusive remedies of the interstate commission. The
1408	1408	interstate commission may avail itself of any other remedies
1409	1409	available under state law or regulation of a profession.
1410	1410	ARTICLE 18 - Default Procedures
1411	1411	A. The grounds for default include failure of a
1412	1412	member state to perform such obligations or responsibilities
1413	1413	imposed upon the member state by the Interstate Medical
1414	1414	Licensure Compact or the rules and bylaws of the interstate
1415	1415	commission promulgated pursuant to that compact.
1416	1416	B. If the interstate commission determines that a
1417	1417	member state has defaulted in the performance of the member
1418	1418	state's obligations or responsibilities under the Interstate
1419	1419	Medical Licensure Compact, or the bylaws or promulgated rules,
1420	1420	the interstate commission shall:
1421	1421	(1) provide written notice to the defaulting
1422	1422	state and other member states of the nature of the default, the
1423	1423	means of curing the default and any action taken by the
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1452	1452	interstate commission. The interstate commission shall specify
1453	1453	the conditions by which the defaulting state must cure its
1454	1454	default; and
1455	1455	(2) provide remedial training and specific
1456	1456	technical assistance regarding the default.
1457	1457	C. If the defaulting state fails to cure the
1458	1458	default, the defaulting state shall be terminated from the
1459	1459	Interstate Medical Licensure Compact upon an affirmative vote
1460	1460	of a majority of the commissioners, and all rights, privileges
1461	1461	and benefits conferred by the compact shall terminate on the
1462	1462	effective date of termination. A cure of the default does not
1463	1463	relieve the offending state of obligations or liabilities
1464	1464	incurred during the period of the default.
1465	1465	D. Termination of membership in the Interstate
1466	1466	Medical Licensure Compact shall be imposed only after all other
1467	1467	means of securing compliance have been exhausted. Notice of
1468	1468	intent to terminate shall be given by the interstate commission
1469	1469	to the governor, the majority and minority leaders of the
1470	1470	defaulting state's legislature and each of the member states.
1471	1471	E. The interstate commission shall establish rules
1472	1472	and procedures to address licenses and physicians that are
1473	1473	materially impacted by the termination of a member state or the
1474	1474	withdrawal of a member state.
1475	1475	F. The member state that has been terminated is
1476	1476	responsible for all dues, obligations and liabilities incurred
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1505	1505	through the effective date of termination, including
1506	1506	obligations, the performance of which extend beyond the
1507	1507	effective date of termination.
1508	1508	G. The interstate commission shall not bear any
1509	1509	costs relating to any state that has been found to be in
1510	1510	default or that has been terminated from the Interstate Medical
1511	1511	Licensure Compact unless otherwise mutually agreed upon in
1512	1512	writing between the interstate commission and the defaulting
1513	1513	state.
1514	1514	H. The defaulting state may appeal the action of
1515	1515	the interstate commission by petitioning the United States
1516	1516	district court for the District of Columbia or the federal
1517	1517	district where the interstate commission has its principal
1518	1518	offices. The prevailing party shall be awarded all costs of
1519	1519	such litigation, including reasonable attorney fees.
1520	1520	ARTICLE 19 - Dispute Resolution
1521	1521	A. The interstate commission shall attempt, upon
1522	1522	the request of a member state, to resolve disputes that are
1523	1523	subject to the Interstate Medical Licensure Compact and that
1524	1524	may arise among member states or member boards.
1525	1525	B. The interstate commission shall promulgate rules
1526	1526	providing for both mediation and binding dispute resolution as
1527	1527	appropriate.
1528	1528	ARTICLE 20 - Member States, Effective Date and Amendment
1529	1529	A. Any state is eligible to become a member of the
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1558	1558	Interstate Medical Licensure Compact.
1559	1559	B. The Interstate Medical Licensure Compact shall
1560	1560	become effective and binding upon legislative enactment of the
1561	1561	compact into law by no less than seven states. Thereafter, it
1562	1562	shall become effective and binding on a state upon enactment of
1563	1563	the compact into law by that state.
1564	1564	C. The governors of nonmember states, or the
1565	1565	governors' designees, shall be invited to participate in the
1566	1566	activities of the interstate commission on a nonvoting basis
1567	1567	prior to adoption of the Interstate Medical Licensure Compact
1568	1568	by all states.
1569	1569	D. The interstate commission may propose amendments
1570	1570	to the Interstate Medical Licensure Compact for enactment by
1571	1571	the member states. No amendment shall become effective and
1572	1572	binding upon the interstate commission and the member states
1573	1573	unless and until the amendment is enacted into law by unanimous
1574	1574	consent of the member states.
1575	1575	ARTICLE 21 - Withdrawal
1576	1576	A. Once effective, the Interstate Medical Licensure
1577	1577	Compact shall continue in force and remain binding upon each
1578	1578	member state; provided that a member state may withdraw from
1579	1579	the compact by specifically repealing the statute that enacted
1580	1580	the compact into law.
1581	1581	B. Withdrawal from the Interstate Medical Licensure
1582	1582	Compact shall be by the enactment of a statute repealing the
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1611	1611	compact, but shall not take effect until one year after the
1612	1612	effective date of that law and until written notice of the
1613	1613	withdrawal has been given by the withdrawing state to the
1614	1614	governor of each other member state.
1615	1615	C. The withdrawing state shall immediately notify
1616	1616	the chair of the interstate commission in writing upon the
1617	1617	introduction of legislation to repeal the Interstate Medical
1618	1618	Licensure Compact in the withdrawing state.
1619	1619	D. The interstate commission shall notify the other
1620	1620	member states of the withdrawing state's intent to withdraw
1621	1621	within sixty days of receipt of notice provided under
1622	1622	Subsection C of this article.
1623	1623	E. The withdrawing state is responsible for all
1624	1624	dues, obligations and liabilities incurred through the
1625	1625	effective date of withdrawal, including obligations, the
1626	1626	performance of which extend beyond the effective date of
1627	1627	withdrawal.
1628	1628	F. Reinstatement following withdrawal of a member
1629	1629	state shall occur upon the withdrawing state reenacting the
1630	1630	Interstate Medical Licensure Compact or upon such later date as
1631	1631	determined by the interstate commission.
1632	1632	G. The interstate commission is authorized to
1633	1633	develop rules to address the impact of the withdrawal of a
1634	1634	member state on licenses granted in other member states to
1635	1635	physicians who designated the withdrawing member state as the
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1664	1664	state of principal license.
1665	1665	ARTICLE 22 - Dissolution
1666	1666	A. The Interstate Medical Licensure Compact shall
1667	1667	dissolve effective upon the date of the withdrawal or default
1668	1668	of the member state that reduces the membership of the compact
1669	1669	to one member state.
1670	1670	B. Upon the dissolution of the Interstate Medical
1671	1671	Licensure Compact, the compact becomes void and shall be of no
1672	1672	further force, and the business and affairs of the interstate
1673	1673	commission shall be concluded and surplus funds shall be
1674	1674	distributed in accordance with the bylaws.
1675	1675	ARTICLE 23 - Severability and Construction
1676	1676	A. The provisions of the Interstate Medical
1677	1677	Licensure Compact shall be severable, and if any phrase,
1678	1678	clause, sentence or provision is deemed unenforceable, the
1679	1679	remaining provisions of the compact shall be enforceable.
1680	1680	B. The provisions of the Interstate Medical
1681	1681	Licensure Compact shall be liberally construed to effectuate
1682	1682	the purposes of that compact.
1683	1683	C. Nothing in the Interstate Medical Licensure
1684	1684	Compact shall be construed to prohibit the applicability of
1685	1685	other interstate compacts to which the member states are
1686	1686	members.
1687	1687	ARTICLE 24 - Binding Effect of the Interstate Medical Licensure
1688	1688	Compact and Other Laws
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1717	1717	A. Nothing in the Interstate Medical Licensure
1718	1718	Compact prevents the enforcement of any other law of a member
1719	1719	state that is not inconsistent with that compact.
1720	1720	B. All laws in a member state in conflict with the
1721	1721	Interstate Medical Licensure Compact are superseded to the
1722	1722	extent of the conflict.
1723	1723	C. All lawful actions of the interstate commission,
1724	1724	including all rules and bylaws promulgated by the interstate
1725	1725	commission, are binding upon the member states.
1726	1726	D. All agreements between the interstate commission
1727	1727	and the member states are binding in accordance with their
1728	1728	terms.
1729	1729	E. In the event any provision of the Interstate
1730	1730	Medical Licensure Compact exceeds the constitutional limits
1731	1731	imposed on the legislature of any member state, such provision
1732	1732	shall be ineffective to the extent of the conflict with the
1733	1733	constitutional provision in question in that member state.".
1734	1734	SECTION 3. [NEW MATERIAL] APPOINTMENT OF COMMISSIONERS.--
1735	1735	A. The governor shall appoint two members of the
1736	1736	New Mexico medical board who are licensed physicians to serve
1737	1737	as commissioners. One member shall be a medical doctor and one
1738	1738	member shall be an osteopathic physician. A member shall serve
1739	1739	until the member's successor has been appointed and qualified.
1740	1740	Each member serves at the pleasure of the governor or until the
1741	1741	member is no longer a member of the New Mexico medical board.
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1770	1770	If a position is vacated, the position shall be filled by
1771	1771	appointment by the governor of a medical board member who meets
1772	1772	the qualification of the vacating member.
1773	1773	B. The governor may appoint an alternative
1774	1774	commissioner who meets the qualifications of Subsection D of
1775	1775	Article 11 of the Interstate Medical Licensure Compact to serve
1776	1776	in the absence of a regular commissioner and who has voting
1777	1777	authority only for a specified meeting of the interstate
1778	1778	commission.
1779	1779	SECTION 4. [NEW MATERIAL] RULES OF INTERSTATE
1780	1780	COMMISSION.--The interstate commission shall file copies of its
1781	1781	current bylaws and rules with the state records administrator
1782	1782	in accordance with the State Rules Act.
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