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SENATE BILL 46
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda M. Trujillo
AN ACT
RELATING TO LICENSURE; ENACTING THE INTERSTATE MEDICAL
LICENSURE COMPACT; PROVIDING FOR THE APPOINTMENT OF NEW MEXICO
COMPACT COMMISSIONERS; REQUIRING THE FILING OF INTERSTATE
COMMISSION BYLAWS AND RULES WITH THE STATE RECORDS
ADMINISTRATOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Interstate Medical Licensure Compact".
SECTION 2. [NEW MATERIAL] INTERSTATE MEDICAL LICENSURE
COMPACT ENTERED INTO.--The "Interstate Medical Licensure
Compact" is enacted into law and entered into on behalf of New
Mexico with any and all other states legally joining therein in
a form substantially as follows:
"INTERSTATE MEDICAL LICENSURE COMPACT
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ARTICLE 1 - Purpose
In order to strengthen access to health care, and in
recognition of the advances in the delivery of health care, the
member states of the Interstate Medical Licensure Compact have
allied in common purpose to develop a comprehensive process
that complements the existing licensing and regulatory
authority of state medical boards, provides a streamlined
process that allows physicians to become licensed in multiple
states, enhances the portability of a medical license and
ensures the safety of patients. The compact creates another
pathway for licensure and does not otherwise change a state's
existing medical practice act. The compact also adopts the
prevailing standard for licensure and affirms that the practice
of medicine occurs where the patient is located at the time of
the physician-patient encounter and, therefore, requires the
physician to be under the jurisdiction of the state medical
board where the patient is located. State medical boards that
participate in the compact retain the jurisdiction to impose an
adverse action against a license to practice medicine in that
state issued to a physician through the procedures in the
compact.
ARTICLE 2 - Definitions
In the Interstate Medical Licensure Compact:
A. "bylaws" means those bylaws established by the
interstate commission;
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B. "commissioner" means the voting representative
appointed by each member board;
C. "conviction" means a finding by a court that a
person is guilty of a criminal offense through adjudication or
entry of a plea of guilt or no contest to the charge by the
offender. Evidence of an entry of a conviction of a criminal
offense by the court shall be considered final for purposes of
disciplinary action by a member board;
D. "expedited license" means a full and
unrestricted medical license granted by a member state to an
eligible physician through the process set forth in the
Interstate Medical Licensure Compact;
E. "interstate commission" means the interstate
medical licensure compact commission;
F. "license" means authorization by a member state
for a physician to engage in the practice of medicine, which
would be unlawful without authorization;
G. "medical practice act" means laws and rules
governing the practice of allopathic and osteopathic medicine
within a member state;
H. "member board" means a state agency in a member
state that acts in the sovereign interests of the state by
protecting the public through licensure, regulation and
education of physicians as directed by the state government;
I. "member state" means a state that has enacted
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the Interstate Medical Licensure Compact;
J. "offense" means a felony or gross misdemeanor;
K. "physician" means a person who:
(1) is a graduate of a medical school
accredited by the liaison committee on medical education, the
commission on osteopathic college accreditation or a medical
school listed in the World Directory of Medical Schools or its
equivalent;
(2) passed each component of the United States
medical licensing examination or the comprehensive osteopathic
medical licensing examination of the United States within three
attempts, or any of its predecessor examinations accepted by a
state medical board as an equivalent examination for licensure
purposes;
(3) successfully completed graduate medical
education approved by the accreditation council for graduate
medical education or the American osteopathic association;
(4) holds specialty certification or a time-
unlimited specialty certificate recognized by the American
board of medical specialties or the American osteopathic
association bureau of osteopathic specialists;
(5) possesses a full and unrestricted license
to engage in the practice of medicine issued by a member board;
(6) has never been convicted or received
adjudication, deferred adjudication, community supervision or
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deferred disposition for any offense by a court of appropriate
jurisdiction;
(7) has never held a license authorizing the
practice of medicine subjected to discipline by a licensing
agency in any state, federal or foreign jurisdiction, excluding
any action related to nonpayment of fees related to a license;
(8) has never had a controlled substance
license or permit suspended or revoked by a state or the United
States drug enforcement administration; and
(9) is not under active investigation by a
licensing agency or law enforcement authority in any state,
federal or foreign jurisdiction;
L. "practice of medicine" means that clinical
prevention, diagnosis or treatment of human disease, injury or
condition requiring a physician to obtain and maintain a
license in compliance with the medical practice act of a member
state;
M. "rule" means a written statement by the
interstate commission promulgated pursuant to Article 12 of the
Interstate Medical Licensure Compact that is of general
applicability, implements, interprets or prescribes a policy or
provision of the compact, or is an organizational, procedural
or practice requirement of the interstate commission, and has
the force and effect of statutory law in a member state and
includes the amendment, repeal or suspension of an existing
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rule;
N. "state" means any state, commonwealth, district
or territory of the United States; and
O. "state of principal license" means a member
state in which a physician holds a license to practice medicine
and that has been designated as such by the physician for
purposes of registration and participation in the Interstate
Medical Licensure Compact.
ARTICLE 3 - Eligibility
A. A physician must meet the eligibility
requirements as defined in Subsection K of Article 2 of the
Interstate Medical Licensure Compact to receive an expedited
license under the terms and provisions of that compact.
B. A physician who does not meet the requirements
of Subsection K of Article 2 of the Interstate Medical
Licensure Compact may obtain a license to practice medicine in
a member state if the person complies with all laws and
requirements other than that compact relating to the issuance
of a license to practice medicine in that state.
ARTICLE 4 - Designation of State of Principal License
A. A physician shall designate a member state as
the state of principal license for purposes of registration for
expedited licensure through the Interstate Medical Licensure
Compact if the physician possesses a full and unrestricted
license to practice medicine in that state, and the state is:
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(1) the state of principal residence for the
physician;
(2) the state in which at least twenty-five
percent of the physician's practice of medicine occurs;
(3) the location of the physician's employer;
or
(4) the state designated as state of residence
for the purpose of federal income tax if a state does not
qualify under Paragraph (1), (2) or (3) of this subsection.
B. A physician may redesignate a member state as a
state of principal license at any time if the state meets the
requirements of Subsection A of this article.
C. The interstate commission is authorized to
develop rules to facilitate redesignation of another member
state as the state of principal license.
ARTICLE 5 - Application and Issuance of Expedited Licensure
A. A physician seeking licensure through the
Interstate Medical Licensure Compact shall file an application
for an expedited license with the member board of the state
selected by the physician as the state of principal license.
B. Upon receipt of an application for an expedited
license, the member board within the state of principal license
shall evaluate whether the physician is eligible for expedited
licensure and issue a letter of qualification, verifying or
denying the physician's eligibility, to the interstate
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commission.
(1) Static qualifications, which include
verification of medical education, graduate medical education,
results of any medical or licensing examination and other
qualifications as determined by the interstate commission
through rule, shall not be subject to additional primary-source
verification if primary-source verification has been conducted
by the state of principal license.
(2) The member board of the state of principal
license shall, in the course of verifying eligibility, perform
a criminal background check of an applicant, including the use
of the results of fingerprint or other biometric data checks
compliant with the requirements of the federal bureau of
investigation, with the exception of federal employees who have
suitability determination in accordance with 5 Code of Federal
Register Section 731.202.
(3) Appeal on the determination of eligibility
shall be made to the member state where the application was
filed and shall be subject to the law of that state.
C. Upon verification pursuant to Subsection B of
this article, physicians eligible for an expedited license
shall complete the registration process established by the
interstate commission to receive a license in a member state
selected pursuant to Subsection A of this article, including
the payment of applicable fees.
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D. After receiving verification of eligibility
pursuant to Subsection B of this article and payment of fees
pursuant to Subsection C of this article, a member board shall
issue an expedited license to the physician. This license
shall authorize the physician to practice medicine in the
issuing state consistent with the medical practice act and all
applicable laws and rules of the issuing member board and
member state.
E. An expedited license shall be valid for a period
consistent with the licensure period in the member state and in
the same manner as required for other physicians holding a full
and unrestricted license within the member state.
F. An expedited license obtained through the
Interstate Medical Licensure Compact shall be terminated if a
physician fails to maintain the license in the state of
principal licensure for a non-disciplinary reason, without
redesignation of a new state of principal licensure.
G. The interstate commission is authorized to
develop rules regarding the application process, including
payment of any applicable fees, and the issuance of an
expedited license.
ARTICLE 6 - Fees for Expedited Licensure
A. A member state issuing an expedited license
authorizing the practice of medicine in that state may impose a
fee for a license issued or renewed through the Interstate
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Medical Licensure Compact.
B. The interstate commission is authorized to
develop rules regarding fees for expedited licenses.
ARTICLE 7 - Renewal and Continued Participation
A. A physician seeking to renew an expedited
license granted in a member state shall complete a renewal
process with the interstate commission if the physician:
(1) maintains a full and unrestricted license
in the state of principal license;
(2) has not been convicted, received
adjudication, deferred adjudication, community supervision or
deferred disposition for an offense by a court of appropriate
jurisdiction;
(3) has not had a license authorizing the
practice of medicine subject to discipline by a licensing
agency in any state, federal or foreign jurisdiction, excluding
any action related to nonpayment of fees related to a license;
and
(4) has not had a controlled substance license
or permit suspended or revoked by a state or the United States
drug enforcement administration.
B. Physicians shall comply with all continuing
professional development or continuing medical education
requirements for renewal of a license issued by a member state.
C. The interstate commission shall collect the
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renewal fees charged for the renewal of a license and
distribute the fees to the applicable member board.
D. Upon receipt of the renewal fees collected in
Subsection C of this article, a member board shall renew the
physician's license.
E. Physician information collected by the
interstate commission during the renewal process will be
distributed to all member boards.
F. The interstate commission is authorized to
develop rules to address renewal of licenses obtained through
the Interstate Medical Licensure Compact.
ARTICLE 8 - Coordinated Information System
A. The interstate commission shall establish a
database of all physicians licensed, or who have applied for
licensure, pursuant to Article 5 of the Interstate Medical
Licensure Compact.
B. Notwithstanding any other provision of law,
member boards shall report to the interstate commission any
public action or complaint against a licensed physician who has
applied or received an expedited license through the Interstate
Medical Licensure Compact.
C. Member boards shall report disciplinary or
investigatory information determined as necessary and proper by
rule of the interstate commission.
D. Member boards may report any nonpublic
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complaint, disciplinary or investigatory information not
required by Subsection C of this article to the interstate
commission.
E. Member boards shall share complaint or
disciplinary information about a physician upon request of
another member board.
F. All information provided to the interstate
commission or distributed by member boards shall be
confidential, filed under seal and used only for investigatory
or disciplinary matters.
G. The interstate commission is authorized to
develop rules for mandated or discretionary sharing of
information by member boards.
ARTICLE 9 - Joint Investigations
A. Licensure and disciplinary records of physicians
are deemed investigative.
B. In addition to the authority granted to a member
board by its respective medical practice act or other
applicable state law, a member board may participate with other
member boards in joint investigations of physicians licensed by
the member boards.
C. A subpoena issued by a member state shall be
enforceable in other member states.
D. Member boards may share investigative,
litigation or compliance materials in furtherance of any joint
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or individual investigation initiated under the Interstate
Medical Licensure Compact.
E. A member state may investigate actual or alleged
violations of the statutes authorizing the practice of medicine
in any other member state in which a physician holds a license
to practice medicine.
ARTICLE 10 - Disciplinary Actions
A. A disciplinary action taken by a member board
against a physician licensed through the Interstate Medical
Licensure Compact shall be deemed unprofessional conduct that
may be subject to discipline by other member boards, in
addition to a violation of the medical practice act or rules in
that state.
B. If a license granted to a physician by the
member board in the state of principal license is revoked,
surrendered or relinquished in lieu of discipline or suspended,
then all licenses issued to the physician by member boards
shall automatically be placed, without further action necessary
by any member board, on the same status. If the member board
in the state of principal license subsequently reinstates the
physician's license, a license issued to the physician by any
other member board shall remain encumbered until that
respective member board takes action to reinstate the license
in a manner consistent with the medical practice act of that
state.
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C. If disciplinary action is taken against a
physician by a member board not in the state of principal
license, any other member board may deem the action conclusive
as to matter of law and fact decided and:
(1) impose the same or lesser sanctions
against the physician so long as such sanctions are consistent
with the medical practice act of that state; or
(2) pursue separate disciplinary action
against the physician under that state's respective medical
practice act, regardless of the action taken in other member
states.
D. If a license granted to a physician by a member
board is revoked, surrendered or relinquished in lieu of
discipline or suspended, then any licenses issued to the
physician by other member boards shall be suspended,
automatically and immediately without further action necessary
by the other member boards, for ninety days upon entry of the
order by the disciplining board, to permit the member boards to
investigate the basis for the action under the medical practice
act of that state. A member board may terminate the automatic
suspension of the license the member board issued prior to the
completion of the ninety-day suspension period in a manner
consistent with the medical practice act of that state.
ARTICLE 11 - Interstate Medical Licensure Compact Commission
A. The "interstate medical licensure compact
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commission" is created by the member states in accordance with
the provisions of this article.
B. The purpose of the interstate commission is the
administration of the Interstate Medical Licensure Compact,
which is a discretionary state function.
C. The interstate commission shall be a body
corporate and joint agency of the member states and shall have
all the responsibilities, powers and duties set forth in the
Interstate Medical Licensure Compact and such additional powers
as may be conferred upon it by a subsequent concurrent action
of the respective legislatures of the member states in
accordance with the terms of the compact.
D. The interstate commission shall consist of two
voting representatives appointed by each member state who shall
serve as commissioners. In states where allopathic and
osteopathic physicians are regulated by separate member boards
or if the licensing and disciplinary authority is split between
separate member boards or if the licensing and disciplinary
authority is split between multiple member boards within a
member state, the member state shall appoint one representative
from each member board. A commissioner shall be:
(1) an allopathic or osteopathic physician
appointed to a member board;
(2) an executive director, executive secretary
or similar executive of a member board; or
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(3) a member of the public appointed to a
member board.
E. The interstate commission shall meet at least
once each calendar year. A portion of this meeting shall be a
business meeting to address such matters as may properly come
before the commission, including the election of officers. The
chair may call additional meetings and shall call for a meeting
upon the request of a majority of the member states.
F. The bylaws may provide for meetings of the
interstate commission to be conducted by telecommunication or
electronic communication.
G. Each commissioner participating at a meeting of
the interstate commission is entitled to one vote. A majority
of commissioners shall constitute a quorum for the transaction
of business unless a larger quorum is required by the bylaws of
the interstate commission. A commissioner shall not delegate a
vote to another commissioner. In the absence of a member
state's commissioner, the member state may delegate voting
authority for a specified meeting to another person from that
state who shall meet the requirements of Subsection D of this
article.
H. The interstate commission shall provide public
notice of all meetings, and all meetings shall be open to the
public. The interstate commission may close a meeting, in full
or in portion, where the interstate commission determines by a
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two-thirds' vote of the commissioners present that an open
meeting would be likely to:
(1) relate solely to the internal personnel
practice and procedures of the interstate commission;
(2) discuss matters specifically exempted from
disclosure by federal statute;
(3) discuss trade secrets or commercial or
financial information that is privileged or confidential;
(4) involve accusing a person of a crime or
formally censuring a person;
(5) discuss information of a personal nature,
in which disclosure would constitute a clearly unwarranted
invasion of personal privacy;
(6) discuss investigative records compiled for
law enforcement purposes; or
(7) specifically relate to the participation
in a civil action or other legal proceeding.
I. The interstate commission shall keep minutes
that shall fully describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken,
including record of any roll call votes.
J. The interstate commission shall make its
information and official records, to the extent not otherwise
designated in the Interstate Medical Licensure Compact or by
its rules, available to the public for inspection.
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K. The interstate commission shall establish an
executive committee that shall include officers, members and
others as determined by the bylaws. The executive committee
shall have the power to act on behalf of the interstate
commission, with the exception of rulemaking, during periods
when the interstate commission is not in session. When acting
on behalf of the interstate commission, the executive committee
shall oversee the administration of the Interstate Medical
Licensure Compact, including enforcement and compliance with
the provisions of the compact, its bylaws and rules and other
such duties as necessary.
L. The interstate commission shall establish other
committees for governance and administration of the Interstate
Medical Licensure Compact.
ARTICLE 12 - Powers and Duties of the Interstate Commission
The interstate commission shall have the duty and power
to:
A. oversee and maintain the administration of the
Interstate Medical Licensure Compact;
B. promulgate rules that shall be binding to the
extent and in the manner provided for in the Interstate Medical
Licensure Compact;
C. issue, upon the request of a member state or
member board, advisory opinions concerning the meaning or
interpretation of the Interstate Medical Licensure Compact, its
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bylaws, rules and actions;
D. enforce compliance with Interstate Medical
Licensure Compact provisions, the rules promulgated by the
interstate commission and the bylaws, using all necessary and
proper means, including the use of judicial process;
E. establish and appoint committees, including an
executive committee as required by Article 11 of the Interstate
Medical Licensure Compact, which shall have the power to act on
behalf of the interstate commission in carrying out the
interstate commission's powers and duties;
F. pay, or provide for the payment of, the expenses
related to the establishment, organization and ongoing
activities of the interstate commission;
G. establish and maintain one or more offices;
H. borrow, accept, hire or contract for services of
personnel;
I. purchase and maintain insurance and bonds;
J. employ an executive director who shall have such
powers to employ, select or appoint employees, agents or
consultants and to determine their qualifications, define their
duties and fix their compensation;
K. establish personnel policies and programs
relating to conflicts of interest, rates of compensation and
qualifications of personnel;
L. accept donations and grants of money, equipment,
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supplies, materials and services and to receive, utilize and
dispose of donations and grants of money, equipment, supplies,
materials and services in a manner consistent with the conflict
of interest policies established by the interstate commission;
M. lease, purchase, accept contributions or
donations of or otherwise to own, hold, improve or use any
property, real, personal or mixed;
N. sell, convey, mortgage, pledge, lease, exchange,
abandon or otherwise dispose of any property, real, personal or
mixed;
O. establish a budget and make expenditures;
P. adopt a seal and bylaws governing the management
and operation of the interstate commission;
Q. report annually to the legislatures and
governors of the member states concerning the activities of the
interstate commission during the preceding year. Such reports
shall also include reports of financial audits and any
recommendations that may have been adopted by the interstate
commission;
R. coordinate education, training and public
awareness regarding the Interstate Medical Licensure Compact,
its implementation and its operation;
S. maintain records in accordance with the bylaws;
T. seek and obtain trademarks, copyrights and
patents; and
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U. perform such functions as may be necessary or
appropriate to achieve the purpose of the Interstate Medical
Licensure Compact.
ARTICLE 13 - Finance Powers
A. The interstate commission may levy on and
collect an annual assessment from each member state to cover
the cost of the operations and activities of the interstate
commission and its staff. The total assessment must be
sufficient to cover the annual budget approved each year for
which revenue is not provided by other sources. The aggregate
annual assessment amount shall be allocated upon a formula to
be determined by the interstate commission, which shall
promulgate a rule binding upon all member states.
B. The interstate commission shall not incur
obligations of any kind prior to securing the funds adequate to
meet the same.
C. The interstate commission shall not pledge the
credit of any of the member states, except by, and with the
authority of, the member state.
D. The interstate commission shall be subject to a
yearly financial audit conducted by a certified or licensed
accountant, and the report of the audit shall be included in
the annual report of the interstate commission.
ARTICLE 14 - Organization and Operation of the Interstate
Commission
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A. The interstate commission shall, by a majority
of commissioners present and voting, adopt bylaws to govern the
interstate commission's conduct as may be necessary or
appropriate to carry out the purposes of the Interstate Medical
Licensure Compact within twelve months of the first interstate
commission meeting.
B. The interstate commission shall elect or appoint
annually from among its commissioners a chair, a vice chair and
a treasurer, each of whom shall have such authority and duties
as may be specified in the bylaws. The chair or, in the
chair's absence or disability, the vice chair, shall preside at
all meetings of the interstate commission.
C. Officers selected pursuant to Subsection B of
this article shall serve without remuneration from the
interstate commission.
D. The officers and employees of the interstate
commission shall be immune from suit and liability, either
personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil
liability caused or arising out of, or relating to, an actual
or alleged act, error or omission that occurred, or that such
person had a reasonable basis for believing occurred, within
the scope of interstate commission employment, duties or
responsibilities; provided that such person shall not be
protected from suit or liability for damage, loss, injury or
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liability caused by the intentional or willful and wanton
misconduct of such person.
E. The liability of the executive director and
employees of the interstate commission or representatives of
the interstate commission, acting within the scope of such
person's employment or duties for acts, errors or omissions
occurring within such person's state, may not exceed the limits
of liability set forth under the constitution and laws of that
state for state officials, employees and agents. The
interstate commission is considered to be an instrumentality of
the states for the purpose of any such action. Nothing in this
subsection shall be construed to protect such person from suit
or liability for damage, loss, injury or liability caused by
the intentional or willful and wanton misconduct of such
person.
F. The interstate commission shall defend the
executive director and its employees, and, subject to the
approval of the attorney general or other appropriate legal
counsel of the member state represented by an interstate
commission representative, shall defend such interstate
commission representative in any civil action seeking to impose
liability arising out of an actual or alleged act, error or
omission that occurred within the scope of interstate
commission employment, duties or responsibilities, or that the
defendant had a reasonable basis for believing occurred within
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the scope of interstate commission employment, duties or
responsibilities; provided that the actual or alleged act,
error or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
G. To the extent not covered by the state involved,
member state or the interstate commission, the representatives
or employees of the interstate commission shall be held
harmless in the amount of a settlement or judgment, including
attorney fees and costs, obtained against such persons arising
out of an actual or alleged act, error or omission that
occurred within the scope of the interstate commission
employment, duties or responsibilities, or that such persons
had a reasonable basis for believing occurred within the scope
of interstate commission employment, duties or
responsibilities; provided that the actual or alleged act,
error or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
ARTICLE 15 - Rulemaking Functions of the Interstate Commission
A. The interstate commission shall promulgate
reasonable rules to effectively and efficiently achieve the
purpose of the Interstate Medical Licensure Compact; provided
that in the event the interstate commission exercises
rulemaking authority in a manner that is beyond the scope of
the purposes of that compact or the powers granted by that
compact, then such an action by the interstate commission shall
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be invalid and have no force or effect.
B. Rules deemed appropriate for the operations of
the interstate commission shall be made pursuant to a
rulemaking process that substantially conforms to the model
state administrative procedure act of 2010 and subsequent
amendments to that act.
C. No later than thirty days after a rule is
promulgated, a person may file a petition for judicial review
of the rule in the United States district court for the
District of Columbia or the federal district where the
interstate commission has its principal offices; provided that
the filing of such a petition shall not stay or otherwise
prevent the rule from becoming effective unless the court finds
that the petitioner has a substantial likelihood of success.
The court shall give deference to the actions of the interstate
commission consistent with applicable law and shall not find
the rule to be unlawful if the rule represents a reasonable
exercise of the authority granted to the interstate commission.
ARTICLE 16 - Oversight of Interstate Medical Licensure Compact
A. The executive, legislative and judicial branches
of state government in each member state shall enforce the
Interstate Medical Licensure Compact and shall take all actions
necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of that compact and the rules
promulgated pursuant to that compact shall have standing as
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statutory law but shall not override existing state authority
to regulate the practice of medicine.
B. All courts shall take judicial notice of the
Interstate Medical Licensure Compact and rules promulgated
pursuant to that compact in any judicial or administrative
proceeding in a member state pertaining to the subject matter
of that compact that may affect the powers, responsibilities or
actions of the interstate commission.
C. The interstate commission shall be entitled to
receive all services of process in such proceeding and shall
have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the interstate
commission shall render a judgment or order void as to the
interstate commission, the Interstate Medical Licensure Compact
or promulgated rules.
ARTICLE 17 - Enforcement of Interstate Medical Licensure
Compact
A. The interstate commission, in the reasonable
exercise of its discretion, shall enforce the provisions and
rules of the Interstate Medical Licensure Compact.
B. The interstate commission may, by majority vote
of the commissioners, initiate legal action in the United
States district court for the District of Columbia, or, at the
discretion of the interstate commission, in the federal
district where the interstate commission has its principal
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offices, to enforce compliance with the provisions of the
Interstate Medical Licensure Compact, and its promulgated rules
and bylaws, against a member state in default. The relief
sought may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney fees.
C. The remedies provided in this article shall not
be the exclusive remedies of the interstate commission. The
interstate commission may avail itself of any other remedies
available under state law or regulation of a profession.
ARTICLE 18 - Default Procedures
A. The grounds for default include failure of a
member state to perform such obligations or responsibilities
imposed upon the member state by the Interstate Medical
Licensure Compact or the rules and bylaws of the interstate
commission promulgated pursuant to that compact.
B. If the interstate commission determines that a
member state has defaulted in the performance of the member
state's obligations or responsibilities under the Interstate
Medical Licensure Compact, or the bylaws or promulgated rules,
the interstate commission shall:
(1) provide written notice to the defaulting
state and other member states of the nature of the default, the
means of curing the default and any action taken by the
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interstate commission. The interstate commission shall specify
the conditions by which the defaulting state must cure its
default; and
(2) provide remedial training and specific
technical assistance regarding the default.
C. If the defaulting state fails to cure the
default, the defaulting state shall be terminated from the
Interstate Medical Licensure Compact upon an affirmative vote
of a majority of the commissioners, and all rights, privileges
and benefits conferred by the compact shall terminate on the
effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities
incurred during the period of the default.
D. Termination of membership in the Interstate
Medical Licensure Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of
intent to terminate shall be given by the interstate commission
to the governor, the majority and minority leaders of the
defaulting state's legislature and each of the member states.
E. The interstate commission shall establish rules
and procedures to address licenses and physicians that are
materially impacted by the termination of a member state or the
withdrawal of a member state.
F. The member state that has been terminated is
responsible for all dues, obligations and liabilities incurred
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through the effective date of termination, including
obligations, the performance of which extend beyond the
effective date of termination.
G. The interstate commission shall not bear any
costs relating to any state that has been found to be in
default or that has been terminated from the Interstate Medical
Licensure Compact unless otherwise mutually agreed upon in
writing between the interstate commission and the defaulting
state.
H. The defaulting state may appeal the action of
the interstate commission by petitioning the United States
district court for the District of Columbia or the federal
district where the interstate commission has its principal
offices. The prevailing party shall be awarded all costs of
such litigation, including reasonable attorney fees.
ARTICLE 19 - Dispute Resolution
A. The interstate commission shall attempt, upon
the request of a member state, to resolve disputes that are
subject to the Interstate Medical Licensure Compact and that
may arise among member states or member boards.
B. The interstate commission shall promulgate rules
providing for both mediation and binding dispute resolution as
appropriate.
ARTICLE 20 - Member States, Effective Date and Amendment
A. Any state is eligible to become a member of the
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Interstate Medical Licensure Compact.
B. The Interstate Medical Licensure Compact shall
become effective and binding upon legislative enactment of the
compact into law by no less than seven states. Thereafter, it
shall become effective and binding on a state upon enactment of
the compact into law by that state.
C. The governors of nonmember states, or the
governors' designees, shall be invited to participate in the
activities of the interstate commission on a nonvoting basis
prior to adoption of the Interstate Medical Licensure Compact
by all states.
D. The interstate commission may propose amendments
to the Interstate Medical Licensure Compact for enactment by
the member states. No amendment shall become effective and
binding upon the interstate commission and the member states
unless and until the amendment is enacted into law by unanimous
consent of the member states.
ARTICLE 21 - Withdrawal
A. Once effective, the Interstate Medical Licensure
Compact shall continue in force and remain binding upon each
member state; provided that a member state may withdraw from
the compact by specifically repealing the statute that enacted
the compact into law.
B. Withdrawal from the Interstate Medical Licensure
Compact shall be by the enactment of a statute repealing the
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compact, but shall not take effect until one year after the
effective date of that law and until written notice of the
withdrawal has been given by the withdrawing state to the
governor of each other member state.
C. The withdrawing state shall immediately notify
the chair of the interstate commission in writing upon the
introduction of legislation to repeal the Interstate Medical
Licensure Compact in the withdrawing state.
D. The interstate commission shall notify the other
member states of the withdrawing state's intent to withdraw
within sixty days of receipt of notice provided under
Subsection C of this article.
E. The withdrawing state is responsible for all
dues, obligations and liabilities incurred through the
effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of
withdrawal.
F. Reinstatement following withdrawal of a member
state shall occur upon the withdrawing state reenacting the
Interstate Medical Licensure Compact or upon such later date as
determined by the interstate commission.
G. The interstate commission is authorized to
develop rules to address the impact of the withdrawal of a
member state on licenses granted in other member states to
physicians who designated the withdrawing member state as the
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state of principal license.
ARTICLE 22 - Dissolution
A. The Interstate Medical Licensure Compact shall
dissolve effective upon the date of the withdrawal or default
of the member state that reduces the membership of the compact
to one member state.
B. Upon the dissolution of the Interstate Medical
Licensure Compact, the compact becomes void and shall be of no
further force, and the business and affairs of the interstate
commission shall be concluded and surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE 23 - Severability and Construction
A. The provisions of the Interstate Medical
Licensure Compact shall be severable, and if any phrase,
clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
B. The provisions of the Interstate Medical
Licensure Compact shall be liberally construed to effectuate
the purposes of that compact.
C. Nothing in the Interstate Medical Licensure
Compact shall be construed to prohibit the applicability of
other interstate compacts to which the member states are
members.
ARTICLE 24 - Binding Effect of the Interstate Medical Licensure
Compact and Other Laws
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A. Nothing in the Interstate Medical Licensure
Compact prevents the enforcement of any other law of a member
state that is not inconsistent with that compact.
B. All laws in a member state in conflict with the
Interstate Medical Licensure Compact are superseded to the
extent of the conflict.
C. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the member states.
D. All agreements between the interstate commission
and the member states are binding in accordance with their
terms.
E. In the event any provision of the Interstate
Medical Licensure Compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision
shall be ineffective to the extent of the conflict with the
constitutional provision in question in that member state.".
SECTION 3. [NEW MATERIAL] APPOINTMENT OF COMMISSIONERS.--
A. The governor shall appoint two members of the
New Mexico medical board who are licensed physicians to serve
as commissioners. One member shall be a medical doctor and one
member shall be an osteopathic physician. A member shall serve
until the member's successor has been appointed and qualified.
Each member serves at the pleasure of the governor or until the
member is no longer a member of the New Mexico medical board.
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If a position is vacated, the position shall be filled by
appointment by the governor of a medical board member who meets
the qualification of the vacating member.
B. The governor may appoint an alternative
commissioner who meets the qualifications of Subsection D of
Article 11 of the Interstate Medical Licensure Compact to serve
in the absence of a regular commissioner and who has voting
authority only for a specified meeting of the interstate
commission.
SECTION 4. [NEW MATERIAL] RULES OF INTERSTATE
COMMISSION.--The interstate commission shall file copies of its
current bylaws and rules with the state records administrator
in accordance with the State Rules Act.
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