Texas 2015 - 84th Regular

Texas Senate Bill SB190 Compare Versions

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

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1	1	84R1307 BEF-F
2	2	By: Schwertner S.B. No. 190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Interstate Medical Licensure Compact; authorizing
8	8	fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 3, Occupations Code, is
11	11	amended by adding Chapter 169 to read as follows:
12	12	CHAPTER 169. INTERSTATE MEDICAL LICENSURE COMPACT
13	13	Sec. 169.001. PURPOSE. In order to strengthen access to
14	14	health care, and in recognition of the advances in the delivery of
15	15	health care, the member states of the Interstate Medical Licensure
16	16	Compact have allied in common purpose to develop a comprehensive
17	17	process that complements the existing licensing and regulatory
18	18	authority of state medical boards and provides a streamlined
19	19	process that allows physicians to become licensed in multiple
20	20	states, thereby enhancing the portability of a medical license and
21	21	ensuring the safety of patients. The compact creates another
22	22	pathway for licensure and does not otherwise change a state's
23	23	existing medical practice act. The compact also adopts the
24	24	prevailing standard for licensure and affirms that the practice of
25	25	medicine occurs where the patient is located at the time of the
26	26	physician-patient encounter, and therefore, requires the physician
27	27	to be under the jurisdiction of the state medical board where the
28	28	patient is located. State medical boards that participate in the
29	29	compact retain the jurisdiction to impose an adverse action against
30	30	a license to practice medicine in that state issued to a physician
31	31	through the procedures in the compact.
32	32	Sec. 169.002. DEFINITIONS. In this chapter:
33	33	(1) "Bylaws" means those bylaws established by the
34	34	interstate commission pursuant to Section 169.011 for its
35	35	governance, or for directing and controlling its actions and
36	36	conduct.
37	37	(2) "Commissioner" means the voting representative
38	38	appointed by each member board pursuant to Section 169.011.
39	39	(3) "Conviction" means a finding by a court that an
40	40	individual is guilty of a criminal offense through adjudication, or
41	41	entry of a plea of guilt or no contest to the charge by the offender.
42	42	Evidence of an entry of a conviction of a criminal offense by the
43	43	court shall be considered final for purposes of disciplinary action
44	44	by a member board.
45	45	(4) "Expedited license" means a full and unrestricted
46	46	medical license granted by a member state to an eligible physician
47	47	through the process set forth in the compact.
48	48	(5) "Interstate commission" means the interstate
49	49	commission created pursuant to Section 169.011.
50	50	(6) "License" means authorization by a state for a
51	51	physician to engage in the practice of medicine, which would be
52	52	unlawful without the authorization.
53	53	(7) "Medical practice act" means laws and regulations
54	54	governing the practice of allopathic and osteopathic medicine
55	55	within a member state.
56	56	(8) "Member board" means a state agency in a member
57	57	state that acts in the sovereign interests of the state by
58	58	protecting the public through licensure, regulation, and education
59	59	of physicians as directed by the state government.
60	60	(9) "Member state" means a state that has enacted the
61	61	compact.
62	62	(10) "Offense" means a felony, gross misdemeanor, or
63	63	crime of moral turpitude.
64	64	(11) "Physician" means any person who:
65	65	(A) is a graduate of a medical school accredited
66	66	by the Liaison Committee on Medical Education, the Commission on
67	67	Osteopathic College Accreditation, or a medical school listed in
68	68	the International Medical Education Directory or its equivalent;
69	69	(B) passed each component of the United States
70	70	Medical Licensing Examination (USMLE) or the Comprehensive
71	71	Osteopathic Medical Licensing Examination (COMLEX-USA) within
72	72	three attempts, or any of its predecessor examinations accepted by
73	73	a state medical board as an equivalent examination for licensure
74	74	purposes;
75	75	(C) successfully completed graduate medical
76	76	education approved by the Accreditation Council for Graduate
77	77	Medical Education or the American Osteopathic Association;
78	78	(D) holds specialty certification or a
79	79	time-unlimited specialty certificate recognized by the American
80	80	Board of Medical Specialties or the American Osteopathic
81	81	Association's Bureau of Osteopathic Specialists;
82	82	(E) possesses a full and unrestricted license to
83	83	engage in the practice of medicine issued by a member board;
84	84	(F) has never been convicted or received
85	85	adjudication, deferred adjudication, community supervision, or
86	86	deferred disposition for any offense by a court of appropriate
87	87	jurisdiction;
88	88	(G) has never held a license authorizing the
89	89	practice of medicine subjected to discipline by a licensing agency
90	90	in any state, federal, or foreign jurisdiction, excluding any
91	91	action related to nonpayment of fees related to a license;
92	92	(H) has never had a controlled substance license
93	93	or permit suspended or revoked by a state or the United States Drug
94	94	Enforcement Administration; and
95	95	(I) is not under active investigation by a
96	96	licensing agency or law enforcement authority in any state,
97	97	federal, or foreign jurisdiction.
98	98	(12) "Practice of medicine" means the clinical
99	99	prevention, diagnosis, or treatment of human disease, injury, or
100	100	condition requiring a physician to obtain and maintain a license in
101	101	compliance with the medical practice act of a member state.
102	102	(13) "Rule" means a written statement by the
103	103	interstate commission promulgated pursuant to Section 169.012 that
104	104	is of general applicability, implements, interprets, or prescribes
105	105	a policy or provision of the compact, or an organizational,
106	106	procedural, or practice requirement of the interstate commission,
107	107	and has the force and effect of statutory law in a member state, and
108	108	includes the amendment, repeal, or suspension of an existing rule.
109	109	(14) "State" means any state, commonwealth, district,
110	110	or territory of the United States.
111	111	(15) "State of principal license" means a member state
112	112	where a physician holds a license to practice medicine and that has
113	113	been designated as such by the physician for purposes of
114	114	registration and participation in the compact.
115	115	Sec. 169.003. ELIGIBILITY. (a) A physician must meet the
116	116	eligibility requirements as defined in Section 169.002(11) to
117	117	receive an expedited license under the terms and provisions of the
118	118	compact.
119	119	(b) A physician who does not meet the requirements of
120	120	Section 169.002(11) may obtain a license to practice medicine in a
121	121	member state if the individual complies with all laws and
122	122	requirements, other than the compact, relating to the issuance of a
123	123	license to practice medicine in that state.
124	124	Sec. 169.004. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
125	125	(a) A physician shall designate a member state as the state of
126	126	principal license for purposes of registration for expedited
127	127	licensure through the compact if the physician possesses a full and
128	128	unrestricted license to practice medicine in that state, and the
129	129	state is:
130	130	(1) the state of primary residence for the physician;
131	131	(2) the state where at least 25 percent of the practice
132	132	of medicine occurs;
133	133	(3) the location of the physician's employer; or
134	134	(4) if no state qualifies under Subdivision (1), (2),
135	135	or (3), the state designated as state of residence for purpose of
136	136	federal income tax.
137	137	(b) A physician may redesignate a member state as state of
138	138	principal license at any time, as long as the state meets the
139	139	requirements in Subsection (a).
140	140	(c) The interstate commission is authorized to develop
141	141	rules to facilitate redesignation of another member state as the
142	142	state of principal license.
143	143	Sec. 169.005. APPLICATION AND ISSUANCE OF EXPEDITED
144	144	LICENSURE. (a) A physician seeking licensure through the compact
145	145	shall file an application for an expedited license with the member
146	146	board of the state selected by the physician as the state of
147	147	principal license.
148	148	(b) Upon receipt of an application for an expedited license,
149	149	the member board within the state selected as the state of principal
150	150	license shall evaluate whether the physician is eligible for
151	151	expedited licensure and issue a letter of qualification, verifying
152	152	or denying the physician's eligibility, to the interstate
153	153	commission.
154	154	(1) Static qualifications, which include verification
155	155	of medical education, graduate medical education, results of any
156	156	medical or licensing examination, and other qualifications as
157	157	determined by the interstate commission through rule, shall not be
158	158	subject to additional primary source verification where already
159	159	primary source verified by the state of principal license.
160	160	(2) The member board within the state selected as the
161	161	state of principal license shall, in the course of verifying
162	162	eligibility, perform a criminal background check of an applicant,
163	163	including the use of the results of fingerprint or other biometric
164	164	data checks compliant with the requirements of the Federal Bureau
165	165	of Investigation, with the exception of federal employees who have
166	166	suitability determination in accordance with 5 C.F.R. Section
167	167	731.202.
168	168	(3) Appeal on the determination of eligibility shall
169	169	be made to the member state where the application was filed and
170	170	shall be subject to the law of that state.
171	171	(c) Upon verification in Subsection (b), physicians
172	172	eligible for an expedited license shall complete the registration
173	173	process established by the interstate commission to receive a
174	174	license in a member state selected pursuant to Subsection (a),
175	175	including the payment of any applicable fees.
176	176	(d) After receiving verification of eligibility under
177	177	Subsection (b) and any fees under Subsection (c), a member board
178	178	shall issue an expedited license to the physician. This license
179	179	shall authorize the physician to practice medicine in the issuing
180	180	state consistent with the medical practice act and all applicable
181	181	laws and regulations of the issuing member board and member state.
182	182	(e) An expedited license shall be valid for a period
183	183	consistent with the licensure period in the member state and in the
184	184	same manner as required for other physicians holding a full and
185	185	unrestricted license within the member state.
186	186	(f) An expedited license obtained through the compact shall
187	187	be terminated if a physician fails to maintain a license in the
188	188	state of principal licensure for a nondisciplinary reason, without
189	189	redesignation of a new state of principal licensure.
190	190	(g) The interstate commission is authorized to develop
191	191	rules regarding the application process, including payment of any
192	192	applicable fees, and the issuance of an expedited license.
193	193	Sec. 169.006. FEES FOR EXPEDITED LICENSURE. (a) A member
194	194	state issuing an expedited license authorizing the practice of
195	195	medicine in that state may impose a fee for a license issued or
196	196	renewed through the compact.
197	197	(b) The interstate commission is authorized to develop
198	198	rules regarding fees for expedited licenses.
199	199	Sec. 169.007. RENEWAL AND CONTINUED PARTICIPATION. (a) A
200	200	physician seeking to renew an expedited license granted in a member
201	201	state shall complete a renewal process with the interstate
202	202	commission if the physician:
203	203	(1) maintains a full and unrestricted license in a
204	204	state of principal license;
205	205	(2) has not been convicted or received adjudication,
206	206	deferred adjudication, community supervision, or deferred
207	207	disposition for any offense by a court of appropriate jurisdiction;
208	208	(3) has not had a license authorizing the practice of
209	209	medicine subject to discipline by a licensing agency in any state,
210	210	federal, or foreign jurisdiction, excluding any action related to
211	211	nonpayment of fees related to a license; and
212	212	(4) has not had a controlled substance license or
213	213	permit suspended or revoked by a state or the United States Drug
214	214	Enforcement Administration.
215	215	(b) Physicians shall comply with all continuing
216	216	professional development or continuing medical education
217	217	requirements for renewal of a license issued by a member state.
218	218	(c) The interstate commission shall collect any renewal
219	219	fees charged for the renewal of a license and distribute the fees to
220	220	the applicable member board.
221	221	(d) Upon receipt of any renewal fees collected in Subsection
222	222	(c), a member board shall renew the physician's license.
223	223	(e) Physician information collected by the interstate
224	224	commission during the renewal process will be distributed to all
225	225	member boards.
226	226	(f) The interstate commission is authorized to develop
227	227	rules to address renewal of licenses obtained through the compact.
228	228	Sec. 169.008. COORDINATED INFORMATION SYSTEM. (a) The
229	229	interstate commission shall establish a database of all physicians
230	230	licensed, or who have applied for licensure, under Section 169.005.
231	231	(b) Notwithstanding any other provision of law, member
232	232	boards shall report to the interstate commission any public action
233	233	or complaints against a licensed physician who has applied for or
234	234	received an expedited license through the compact.
235	235	(c) Member boards shall report disciplinary or
236	236	investigatory information determined as necessary and proper by
237	237	rule of the interstate commission.
238	238	(d) Member boards may report any nonpublic complaint,
239	239	disciplinary, or investigatory information not required by
240	240	Subsection (c) to the interstate commission.
241	241	(e) Member boards shall share complaint or disciplinary
242	242	information about a physician upon request of another member board.
243	243	(f) All information provided to the interstate commission
244	244	or distributed by member boards shall be confidential, filed under
245	245	seal, and used only for investigatory or disciplinary matters.
246	246	(g) The interstate commission is authorized to develop
247	247	rules for mandated or discretionary sharing of information by
248	248	member boards.
249	249	Sec. 169.009. JOINT INVESTIGATIONS. (a) Licensure and
250	250	disciplinary records of physicians are considered investigative.
251	251	(b) In addition to the authority granted to a member board
252	252	by its respective medical practice act or other applicable state
253	253	law, a member board may participate with other member boards in
254	254	joint investigations of physicians licensed by the member boards.
255	255	(c) A subpoena issued by a member state shall be enforceable
256	256	in other member states.
257	257	(d) Member boards may share any investigative, litigation,
258	258	or compliance materials in furtherance of any joint or individual
259	259	investigation initiated under the compact.
260	260	(e) Any member state may investigate actual or alleged
261	261	violations of the statutes authorizing the practice of medicine in
262	262	any other member state in which a physician holds a license to
263	263	practice medicine.
264	264	Sec. 169.010. DISCIPLINARY ACTIONS. (a) Any disciplinary
265	265	action taken by any member board against a physician licensed
266	266	through the compact shall be considered unprofessional conduct
267	267	which may be subject to discipline by other member boards, in
268	268	addition to any violation of the medical practice act or
269	269	regulations in that state.
270	270	(b) If a license granted to a physician by the member board
271	271	in the state of principal license is revoked, surrendered or
272	272	relinquished in lieu of discipline, or suspended, then all licenses
273	273	issued to the physician by member boards shall automatically be
274	274	placed, without further action necessary by any member board, on
275	275	the same status. If the member board in the state of principal
276	276	license subsequently reinstates the physician's license, a license
277	277	issued to the physician by any other member board shall remain
278	278	encumbered until that respective member board takes action to
279	279	reinstate the license in a manner consistent with the medical
280	280	practice act of that state.
281	281	(c) If disciplinary action is taken against a physician by a
282	282	member board not in the state of principal license, any other member
283	283	board may consider the action conclusive as to matter of law and
284	284	fact decided, and:
285	285	(1) impose the same or lesser sanction against the
286	286	physician so long as such sanction is consistent with the medical
287	287	practice act of that state; or
288	288	(2) pursue separate disciplinary action against the
289	289	physician under its respective medical practice act, regardless of
290	290	the action taken in other member states.
291	291	(d) If a license granted to a physician by a member board is
292	292	revoked, surrendered or relinquished in lieu of discipline, or
293	293	suspended, then any license issued to the physician by any other
294	294	member board shall be suspended, automatically and immediately
295	295	without further action necessary by the other member board, for 90
296	296	days upon entry of the order by the disciplining board, to permit
297	297	the member board to investigate the basis for the action under the
298	298	medical practice act of that state. A member board may terminate
299	299	the automatic suspension of the license it issued before the
300	300	completion of the 90-day suspension period in a manner consistent
301	301	with the medical practice act of that state.
302	302	Sec. 169.011. INTERSTATE MEDICAL LICENSURE COMPACT
303	303	COMMISSION. (a) The member states hereby create the Interstate
304	304	Medical Licensure Compact Commission.
305	305	(b) The purpose of the interstate commission is the
306	306	administration of the Interstate Medical Licensure Compact, which
307	307	is a discretionary state function.
308	308	(c) The interstate commission shall be a body corporate and
309	309	joint agency of the member states and shall have all the
310	310	responsibilities, powers, and duties set forth in the compact, and
311	311	such additional powers as may be conferred upon it by a subsequent
312	312	concurrent action of the respective legislatures of the member
313	313	states in accordance with the terms of the compact.
314	314	(d) The interstate commission shall consist of two voting
315	315	representatives appointed by each member state who shall serve as
316	316	commissioners. In states where allopathic and osteopathic
317	317	physicians are regulated by separate member boards, or if the
318	318	licensing and disciplinary authority is split between multiple
319	319	member boards within a member state, the member state shall appoint
320	320	one representative from each member board. A commissioner shall
321	321	be:
322	322	(1) an allopathic or osteopathic physician appointed
323	323	to a member board;
324	324	(2) an executive director, executive secretary, or
325	325	similar executive of a member board; or
326	326	(3) a member of the public appointed to a member board.
327	327	(e) The interstate commission shall meet at least once each
328	328	calendar year. A portion of this meeting shall be a business meeting
329	329	to address such matters as may properly come before the commission,
330	330	including the election of officers. The chairperson may call
331	331	additional meetings and shall call for a meeting upon the request of
332	332	a majority of the member states.
333	333	(f) The bylaws may provide for meetings of the interstate
334	334	commission to be conducted by telecommunication or electronic
335	335	communication.
336	336	(g) Each commissioner participating at a meeting of the
337	337	interstate commission is entitled to one vote. A majority of
338	338	commissioners shall constitute a quorum for the transaction of
339	339	business, unless a larger quorum is required by the bylaws of the
340	340	interstate commission. A commissioner shall not delegate a vote to
341	341	another commissioner. In the absence of its commissioner, a member
342	342	state may delegate voting authority for a specified meeting to
343	343	another person from that state who shall meet the requirements of
344	344	Subsection (d).
345	345	(h) The interstate commission shall provide public notice
346	346	of all meetings and all meetings shall be open to the public. The
347	347	interstate commission may close a meeting, in full or in portion,
348	348	where it determines by a two-thirds vote of the commissioners
349	349	present that an open meeting would be likely to:
350	350	(1) relate solely to the internal personnel practices
351	351	and procedures of the interstate commission;
352	352	(2) discuss matters specifically exempted from
353	353	disclosure by federal statute;
354	354	(3) discuss trade secrets or commercial or financial
355	355	information that is privileged or confidential;
356	356	(4) involve accusing a person of a crime, or formally
357	357	censuring a person;
358	358	(5) discuss information of a personal nature where
359	359	disclosure would constitute a clearly unwarranted invasion of
360	360	personal privacy;
361	361	(6) discuss investigative records compiled for law
362	362	enforcement purposes; or
363	363	(7) specifically relate to the participation in a
364	364	civil action or other legal proceeding.
365	365	(i) The interstate commission shall keep minutes that shall
366	366	fully describe all matters discussed in a meeting and shall provide
367	367	a full and accurate summary of actions taken, including record of
368	368	any roll call votes.
369	369	(j) The interstate commission shall make its information
370	370	and official records, to the extent not otherwise designated in the
371	371	compact or by its rules, available to the public for inspection.
372	372	(k) The interstate commission shall establish an executive
373	373	committee, which shall include officers, members, and others as
374	374	determined by the bylaws. The executive committee shall have the
375	375	power to act on behalf of the interstate commission, with the
376	376	exception of rulemaking, during periods when the interstate
377	377	commission is not in session. When acting on behalf of the
378	378	interstate commission, the executive committee shall oversee the
379	379	administration of the compact, including enforcement and
380	380	compliance with the provisions of the compact, its bylaws and
381	381	rules, and other such duties as necessary.
382	382	(l) The interstate commission may establish other
383	383	committees for governance and administration of the compact.
384	384	Sec. 169.012. POWERS AND DUTIES OF INTERSTATE COMMISSION.
385	385	The interstate commission shall have the duty and power to:
386	386	(1) oversee and maintain the administration of the
387	387	compact;
388	388	(2) promulgate rules that shall be binding to the
389	389	extent and in the manner provided for in the compact;
390	390	(3) issue, upon the request of a member state or member
391	391	board, advisory opinions concerning the meaning or interpretation
392	392	of the compact, its bylaws, rules, and actions;
393	393	(4) enforce compliance with compact provisions, the
394	394	rules promulgated by the interstate commission, and the bylaws,
395	395	using all necessary and proper means, including, but not limited
396	396	to, the use of judicial process;
397	397	(5) establish and appoint committees, including, but
398	398	not limited to, an executive committee as required by Section
399	399	169.011, which shall have the power to act on behalf of the
400	400	interstate commission in carrying out its powers and duties;
401	401	(6) pay or provide for the payment of the expenses
402	402	related to the establishment, organization, and ongoing activities
403	403	of the interstate commission;
404	404	(7) establish and maintain one or more offices;
405	405	(8) borrow, accept, hire, or contract for services of
406	406	personnel;
407	407	(9) purchase and maintain insurance and bonds;
408	408	(10) employ an executive director who shall have such
409	409	powers to employ, select, or appoint employees, agents, or
410	410	consultants, and to determine their qualifications, define their
411	411	duties, and fix their compensation;
412	412	(11) establish personnel policies and programs
413	413	relating to conflicts of interest, rates of compensation, and
414	414	qualifications of personnel;
415	415	(12) accept donations and grants of money, equipment,
416	416	supplies, materials and services, and receive, utilize, and dispose
417	417	of them in a manner consistent with the conflict-of-interest
418	418	policies established by the interstate commission;
419	419	(13) lease, purchase, accept contributions or
420	420	donations of, or otherwise own, hold, improve or use, any property,
421	421	real, personal, or mixed;
422	422	(14) sell, convey, mortgage, pledge, lease, exchange,
423	423	abandon, or otherwise dispose of any property, real, personal, or
424	424	mixed;
425	425	(15) establish a budget and make expenditures;
426	426	(16) adopt a seal and bylaws governing the management
427	427	and operation of the interstate commission;
428	428	(17) report annually to the legislatures and governors
429	429	of the member states concerning the activities of the interstate
430	430	commission during the preceding year, including reports of
431	431	financial audits and any recommendations that may have been adopted
432	432	by the interstate commission;
433	433	(18) coordinate education, training, and public
434	434	awareness regarding the compact, its implementation, and its
435	435	operation;
436	436	(19) maintain records in accordance with the bylaws;
437	437	(20) seek and obtain trademarks, copyrights, and
438	438	patents; and
439	439	(21) perform such functions as may be necessary or
440	440	appropriate to achieve the purposes of the compact.
441	441	Sec. 169.013. FINANCE POWERS. (a) The interstate
442	442	commission may levy on and collect an annual assessment from each
443	443	member state to cover the cost of the operations and activities of
444	444	the interstate commission and its staff. The total assessment must
445	445	be sufficient to cover the annual budget approved each year for
446	446	which revenue is not provided by other sources. The aggregate
447	447	annual assessment amount shall be allocated based on a formula to be
448	448	determined by the interstate commission, which shall promulgate a
449	449	rule binding upon all member states.
450	450	(b) The interstate commission shall not incur obligations
451	451	of any kind before securing the funds adequate to meet the same.
452	452	(c) The interstate commission shall not pledge the credit of
453	453	any of the member states, except by, and with the authority of, the
454	454	member state.
455	455	(d) The interstate commission shall be subject to a yearly
456	456	financial audit conducted by a certified or licensed public
457	457	accountant and the report of the audit shall be included in the
458	458	annual report of the interstate commission.
459	459	Sec. 169.014. ORGANIZATION AND OPERATION OF INTERSTATE
460	460	COMMISSION. (a) The interstate commission shall, by a majority of
461	461	commissioners present and voting, adopt bylaws to govern its
462	462	conduct as may be necessary or appropriate to carry out the purposes
463	463	of the compact within 12 months of the first interstate commission
464	464	meeting.
465	465	(b) The interstate commission shall elect or appoint
466	466	annually from among its commissioners a chairperson, a vice
467	467	chairperson, and a treasurer, each of whom shall have such
468	468	authority and duties as may be specified in the bylaws. The
469	469	chairperson, or in the chairperson's absence or disability, the
470	470	vice chairperson, shall preside at all meetings of the interstate
471	471	commission.
472	472	(c) Officers selected in Subsection (b) shall serve without
473	473	remuneration from the interstate commission.
474	474	(d) The officers and employees of the interstate commission
475	475	shall be immune from suit and liability, either personally or in
476	476	their official capacity, for a claim for damage to or loss of
477	477	property or personal injury or other civil liability caused or
478	478	arising out of, or relating to, an actual or alleged act, error, or
479	479	omission that occurred, or that such person had a reasonable basis
480	480	for believing occurred, within the scope of interstate commission
481	481	employment, duties, or responsibilities. However, such person
482	482	shall not be protected from suit or liability for damage, loss,
483	483	injury, or liability caused by the intentional or wilful and wanton
484	484	misconduct of such person.
485	485	(e) The liability of the executive director and employees of
486	486	the interstate commission or representatives of the interstate
487	487	commission, acting within the scope of such persons' employment or
488	488	duties for acts, errors, or omissions occurring within such
489	489	persons' state, may not exceed the limits of liability set forth
490	490	under the constitution and laws of that state for state officials,
491	491	employees, and agents. The interstate commission is considered to
492	492	be an instrumentality of the states for the purposes of any such
493	493	action. Nothing in this subsection shall be construed to protect
494	494	such persons from suit or liability for damage, loss, injury, or
495	495	liability caused by the intentional or wilful and wanton misconduct
496	496	of such persons.
497	497	(f) The interstate commission shall defend the executive
498	498	director and its employees, and subject to the approval of the
499	499	attorney general or other appropriate legal counsel of the member
500	500	state represented by an interstate commission representative,
501	501	shall defend such interstate commission representative in any civil
502	502	action seeking to impose liability arising out of an actual or
503	503	alleged act, error, or omission that occurred within the scope of
504	504	interstate commission employment, duties, or responsibilities, or
505	505	that the defendant had a reasonable basis for believing occurred
506	506	within the scope of interstate commission employment, duties, or
507	507	responsibilities, provided that the actual or alleged act, error,
508	508	or omission did not result from intentional or wilful and wanton
509	509	misconduct on the part of such person.
510	510	(g) To the extent not covered by the state involved, the
511	511	member state, or the interstate commission, the representatives or
512	512	employees of the interstate commission shall be held harmless in
513	513	the amount of a settlement or judgment, including attorney's fees
514	514	and costs, obtained against such persons arising out of an actual or
515	515	alleged act, error, or omission that occurred within the scope of
516	516	interstate commission employment, duties, or responsibilities, or
517	517	that such persons had a reasonable basis for believing occurred
518	518	within the scope of interstate commission employment, duties, or
519	519	responsibilities, provided that the actual or alleged act, error,
520	520	or omission did not result from intentional or wilful and wanton
521	521	misconduct on the part of such persons.
522	522	Sec. 169.015. RULEMAKING FUNCTIONS OF INTERSTATE
523	523	COMMISSION. (a) The interstate commission shall promulgate
524	524	reasonable rules in order to effectively and efficiently achieve
525	525	the purposes of the compact. Notwithstanding the foregoing, in the
526	526	event the interstate commission exercises its rulemaking authority
527	527	in a manner that is beyond the scope of the purposes of the compact,
528	528	or the powers granted hereunder, then such an action by the
529	529	interstate commission shall be invalid and have no force or effect.
530	530	(b) Rules considered appropriate for the operations of the
531	531	interstate commission shall be made pursuant to a rulemaking
532	532	process that substantially conforms to the Revised Model State
533	533	Administrative Procedure Act of 2010, and subsequent amendments
534	534	thereto.
535	535	(c) Not later than 30 days after a rule is promulgated, any
536	536	person may file a petition for judicial review of the rule in the
537	537	United States District Court for the District of Columbia or the
538	538	federal district where the interstate commission has its principal
539	539	offices, provided that the filing of such a petition shall not stay
540	540	or otherwise prevent the rule from becoming effective unless the
541	541	court finds that the petitioner has a substantial likelihood of
542	542	success. The court shall give deference to the actions of the
543	543	interstate commission consistent with applicable law and shall not
544	544	find the rule to be unlawful if the rule represents a reasonable
545	545	exercise of the authority granted to the interstate commission.
546	546	Sec. 169.016. OVERSIGHT OF INTERSTATE COMPACT. (a) The
547	547	executive, legislative, and judicial branches of state government
548	548	in each member state shall enforce the compact and shall take all
549	549	actions necessary and appropriate to effectuate the compact's
550	550	purposes and intent. The provisions of the compact and the rules
551	551	promulgated hereunder shall have standing as statutory law but
552	552	shall not override existing state authority to regulate the
553	553	practice of medicine.
554	554	(b) All courts shall take judicial notice of the compact and
555	555	the rules in any judicial or administrative proceeding in a member
556	556	state pertaining to the subject matter of the compact that may
557	557	affect the powers, responsibilities, or actions of the interstate
558	558	commission.
559	559	(c) The interstate commission shall be entitled to receive
560	560	all service of process in any such proceeding, and shall have
561	561	standing to intervene in the proceeding for all purposes. Failure
562	562	to provide service of process to the interstate commission shall
563	563	render a judgment or order void as to the interstate commission, the
564	564	compact, or promulgated rules.
565	565	Sec. 169.017. ENFORCEMENT OF INTERSTATE COMPACT. (a) The
566	566	interstate commission, in the reasonable exercise of its
567	567	discretion, shall enforce the provisions and rules of the compact.
568	568	(b) The interstate commission may, by majority vote of the
569	569	commissioners, initiate legal action in the United States District
570	570	Court for the District of Columbia, or, at the discretion of the
571	571	interstate commission, in the federal district where the interstate
572	572	commission has its principal offices, to enforce compliance with
573	573	the provisions of the compact, and its promulgated rules and
574	574	bylaws, against a member state in default. The relief sought may
575	575	include both injunctive relief and damages. In the event judicial
576	576	enforcement is necessary, the prevailing party shall be awarded all
577	577	costs of such litigation including reasonable attorney's fees.
578	578	(c) The remedies herein shall not be the exclusive remedies
579	579	of the interstate commission. The interstate commission may avail
580	580	itself of any other remedies available under state law or the
581	581	regulation of a profession.
582	582	Sec. 169.018. DEFAULT PROCEDURES. (a) The grounds for
583	583	default include, but are not limited to, failure of a member state
584	584	to perform such obligations or responsibilities imposed upon it by
585	585	the compact, or the rules and bylaws of the interstate commission
586	586	promulgated under the compact.
587	587	(b) If the interstate commission determines that a member
588	588	state has defaulted in the performance of its obligations or
589	589	responsibilities under the compact, or the bylaws or promulgated
590	590	rules, the interstate commission shall provide:
591	591	(1) written notice to the defaulting state and other
592	592	member states of the nature of the default, the means of curing the
593	593	default, and any action taken by the interstate commission and in
594	594	which the interstate commission specifies the conditions by which
595	595	the defaulting state must cure its default; and
596	596	(2) remedial training and specific technical
597	597	assistance regarding the default.
598	598	(c) If the defaulting state fails to cure the default, the
599	599	defaulting state shall be terminated from the compact upon an
600	600	affirmative vote of a majority of the commissioners and all rights,
601	601	privileges, and benefits conferred by the compact shall terminate
602	602	on the effective date of termination. A cure of the default does not
603	603	relieve the offending state of obligations or liabilities incurred
604	604	during the period of the default.
605	605	(d) Termination of membership in the compact shall be
606	606	imposed only after all other means of securing compliance have been
607	607	exhausted. Notice of intent to terminate shall be given by the
608	608	interstate commission to the governor, the majority and minority
609	609	leaders of the defaulting state's legislature, and each of the
610	610	member states.
611	611	(e) The interstate commission shall establish rules and
612	612	procedures to address licenses and physicians that are materially
613	613	impacted by the termination of a member state, or the withdrawal of
614	614	a member state.
615	615	(f) The member state that has been terminated is responsible
616	616	for all dues, obligations, and liabilities incurred through the
617	617	effective date of termination, including obligations, the
618	618	performance of which extends beyond the effective date of
619	619	termination.
620	620	(g) The interstate commission shall not bear any costs
621	621	relating to any state has been found to be in default or that has
622	622	been terminated from the compact, unless otherwise mutually agreed
623	623	upon in writing between the interstate commission and the
624	624	defaulting state.
625	625	(h) The defaulting state may appeal the action of the
626	626	interstate commission by petitioning the United States District
627	627	Court for the District of Columbia or the federal district where the
628	628	interstate commission has its principal offices. The prevailing
629	629	party shall be awarded all costs of such litigation, including
630	630	reasonable attorney's fees.
631	631	Sec. 169.019. DISPUTE RESOLUTION. (a) The interstate
632	632	commission shall attempt, upon the request of a member state, to
633	633	resolve disputes which are subject to the compact and that may arise
634	634	among member states or member boards.
635	635	(b) The interstate commission shall promulgate rules
636	636	providing for both mediation and binding dispute resolution as
637	637	appropriate.
638	638	Sec. 169.020. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
639	639	(a) Any state is eligible to become a member state of the compact.
640	640	(b) The compact shall become effective and binding upon
641	641	legislative enactment of the compact into law by no less than seven
642	642	states. Thereafter, it shall become effective and binding on a
643	643	state upon enactment of the compact into law by that state.
644	644	(c) The governors of nonmember states, or their designees,
645	645	shall be invited to participate in the activities of the interstate
646	646	commission on a nonvoting basis before adoption of the compact by
647	647	all states.
648	648	(d) The interstate commission may propose amendments to the
649	649	compact for enactment by the member states. No amendment shall
650	650	become effective and binding upon the interstate commission and the
651	651	member states unless and until it is enacted into law by unanimous
652	652	consent of the member states.
653	653	Sec. 169.021. WITHDRAWAL. (a) Once effective, the compact
654	654	shall continue in force and remain binding upon each and every
655	655	member state. A member state may withdraw from the compact by
656	656	specifically repealing the statute that enacted the compact into
657	657	law.
658	658	(b) Withdrawal from the compact shall be by the enactment of
659	659	a statute repealing the same, but shall not take effect until one
660	660	year after the effective date of such statute and until written
661	661	notice of the withdrawal has been given by the withdrawing state to
662	662	the governor of each other member state.
663	663	(c) The withdrawing state shall immediately notify the
664	664	chairperson of the interstate commission in writing upon the
665	665	introduction of legislation repealing the compact in the
666	666	withdrawing state.
667	667	(d) The interstate commission shall notify the other member
668	668	states of the withdrawing state's intent to withdraw within 60 days
669	669	of its receipt of notice provided under Subsection (c).
670	670	(e) The withdrawing state is responsible for all dues,
671	671	obligations, and liabilities incurred through the effective date of
672	672	withdrawal, including obligations, the performance of which extend
673	673	beyond the effective date of withdrawal.
674	674	(f) Reinstatement following withdrawal of a member state
675	675	shall occur upon the withdrawing state reenacting the compact or
676	676	upon such later date as determined by the interstate commission.
677	677	(g) The interstate commission is authorized to develop
678	678	rules to address the impact of the withdrawal of a member state on
679	679	licenses granted in other member states to physicians who
680	680	designated the withdrawing member state as the state of principal
681	681	license.
682	682	Sec. 169.022. DISSOLUTION. (a) The compact shall dissolve
683	683	effective upon the date of the withdrawal or default of the member
684	684	state that reduces the membership in the compact to one member
685	685	state.
686	686	(b) Upon the dissolution of the compact, the compact becomes
687	687	null and void and shall be of no further force or effect, and the
688	688	business and affairs of the interstate commission shall be
689	689	concluded and surplus funds shall be distributed in accordance with
690	690	the bylaws.
691	691	Sec. 169.023. SEVERABILITY AND CONSTRUCTION. (a) The
692	692	provisions of the compact shall be severable, and if any phrase,
693	693	clause, sentence, or provision is considered unenforceable, the
694	694	remaining provisions of the compact shall be enforceable.
695	695	(b) The provisions of the compact shall be liberally
696	696	construed to effectuate its purposes.
697	697	(c) Nothing in the compact shall be construed to prohibit
698	698	the applicability of other interstate compacts to which the states
699	699	are members.
700	700	Sec. 169.024. BINDING EFFECT OF COMPACT AND OTHER LAWS. (a)
701	701	Nothing herein prevents the enforcement of any other law of a member
702	702	state that is not inconsistent with the compact.
703	703	(b) All laws in a member state in conflict with the compact
704	704	are superseded to the extent of the conflict.
705	705	(c) All lawful actions of the interstate commission,
706	706	including all rules and bylaws promulgated by the commission, are
707	707	binding upon the member states.
708	708	(d) All agreements between the interstate commission and
709	709	the member states are binding in accordance with their terms.
710	710	(e) In the event any provision of the compact exceeds the
711	711	constitutional limits imposed on the legislature of any member
712	712	state, such provision shall be ineffective to the extent of the
713	713	conflict with the constitutional provision in question in that
714	714	member state.
715	715	SECTION 2. This Act takes effect September 1, 2015.