Texas 2017 - 85th Regular

Texas House Bill HB3958 Compare Versions

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

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1	1	85R14924 BEE-D
2	2	By: Gonzales of Williamson H.B. No. 3958
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 a
8	8	fee.
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 170 to read as follows:
12	12	CHAPTER 170. INTERSTATE MEDICAL LICENSURE COMPACT
13	13	Sec. 170.001. INTERSTATE MEDICAL LICENSURE COMPACT. The
14	14	Interstate Medical Licensure Compact is enacted and entered into
15	15	with all other jurisdictions that legally join in the compact,
16	16	which reads as follows:
17	17	INTERSTATE MEDICAL LICENSURE COMPACT
18	18	SECTION 1. PURPOSE
19	19	In order to strengthen access to health care, and in
20	20	recognition of the advances in the delivery of health care, the
21	21	member states of the Interstate Medical Licensure Compact have
22	22	allied in common purpose to develop a comprehensive process that
23	23	complements the existing licensing and regulatory authority of
24	24	state medical boards, and provides a streamlined process that
25	25	allows physicians to become licensed in multiple states, thereby
26	26	enhancing the portability of a medical license and ensuring the
27	27	safety of patients. The Compact creates another pathway for
28	28	licensure and does not otherwise change a state's existing Medical
29	29	Practice Act. The Compact also adopts the prevailing standard for
30	30	licensure and affirms that the practice of medicine occurs where
31	31	the patient is located at the time of the physician-patient
32	32	encounter, and therefore, requires the physician to be under the
33	33	jurisdiction of the state medical board where the patient is
34	34	located. State medical boards that participate in the Compact
35	35	retain the jurisdiction to impose an adverse action against a
36	36	license to practice medicine in that state issued to a physician
37	37	through the procedures in the Compact.
38	38	SECTION 2. DEFINITIONS
39	39	In this compact:
40	40	(a) "Bylaws" means those bylaws established by the
41	41	Interstate Commission pursuant to Section 11 for its governance, or
42	42	for directing and controlling its actions and conduct.
43	43	(b) "Commissioner" means the voting representative
44	44	appointed by each member board pursuant to Section 11.
45	45	(c) "Conviction" means a finding by a court that an
46	46	individual is guilty of a criminal offense through adjudication, or
47	47	entry of a plea of guilt or no contest to the charge by the offender.
48	48	Evidence of an entry of a conviction of a criminal offense by the
49	49	court shall be considered final for purposes of disciplinary action
50	50	by a member board.
51	51	(d) "Expedited License" means a full and unrestricted
52	52	medical license granted by a member state to an eligible physician
53	53	through the process set forth in the Compact.
54	54	(e) "Interstate Commission" means the interstate commission
55	55	created pursuant to Section 11.
56	56	(f) "License" means authorization by a state for a physician
57	57	to engage in the practice of medicine, which would be unlawful
58	58	without the authorization.
59	59	(g) "Medical Practice Act" means laws and regulations
60	60	governing the practice of allopathic and osteopathic medicine
61	61	within a member state.
62	62	(h) "Member Board" means a state agency in a member state
63	63	that acts in the sovereign interests of the state by protecting the
64	64	public through licensure, regulation, and education of physicians
65	65	as directed by the state government.
66	66	(i) "Member State" means a state that has enacted the
67	67	Compact.
68	68	(j) "Practice of Medicine" means the clinical prevention,
69	69	diagnosis, or treatment of human disease, injury, or condition
70	70	requiring a physician to obtain and maintain a license in
71	71	compliance with the Medical Practice Act of a member state.
72	72	(k) "Physician" means any person who:
73	73	(1) Is a graduate of a medical school accredited by the
74	74	Liaison Committee on Medical Education, the Commission on
75	75	Osteopathic College Accreditation, or a medical school listed in
76	76	the International Medical Education Directory or its equivalent;
77	77	(2) Passed each component of the United States Medical
78	78	Licensing Examination (USMLE) or the Comprehensive Osteopathic
79	79	Medical Licensing Examination (COMLEX-USA) within three attempts,
80	80	or any of its predecessor examinations accepted by a state medical
81	81	board as an equivalent examination for licensure purposes;
82	82	(3) Successfully completed graduate medical education
83	83	approved by the Accreditation Council for Graduate Medical
84	84	Education or the American Osteopathic Association;
85	85	(4) Holds specialty certification or a time-unlimited
86	86	specialty certificate recognized by the American Board of Medical
87	87	Specialties or the American Osteopathic Association's Bureau of
88	88	Osteopathic Specialists;
89	89	(5) Possesses a full and unrestricted license to
90	90	engage in the practice of medicine issued by a member board;
91	91	(6) Has never been convicted, received adjudication,
92	92	deferred adjudication, community supervision, or deferred
93	93	disposition for any offense by a court of appropriate jurisdiction;
94	94	(7) Has never held a license authorizing the practice
95	95	of medicine subjected to discipline by a licensing agency in any
96	96	state, federal, or foreign jurisdiction, excluding any action
97	97	related to non-payment of fees related to a license;
98	98	(8) Has never had a controlled substance license or
99	99	permit suspended or revoked by a state or the United States Drug
100	100	Enforcement Administration; and
101	101	(9) Is not under active investigation by a licensing
102	102	agency or law enforcement authority in any state, federal, or
103	103	foreign jurisdiction.
104	104	(l) "Offense" means a felony, gross misdemeanor, or crime of
105	105	moral turpitude.
106	106	(m) "Rule" means a written statement by the Interstate
107	107	Commission promulgated pursuant to Section 12 of the Compact that
108	108	is of general applicability, implements, interprets, or prescribes
109	109	a policy or provision of the Compact, or an organizational,
110	110	procedural, or practice requirement of the Interstate Commission,
111	111	and has the force and effect of statutory law in a member state, and
112	112	includes the amendment, repeal, or suspension of an existing rule.
113	113	(n) "State" means any state, commonwealth, district, or
114	114	territory of the United States.
115	115	(o) "State of Principal License" means a member state where
116	116	a physician holds a license to practice medicine and which has been
117	117	designated as such by the physician for purposes of registration
118	118	and participation in the Compact.
119	119	SECTION 3. ELIGIBILITY
120	120	(a) A physician must meet the eligibility requirements as
121	121	defined in Section 2(k) to receive an expedited license under the
122	122	terms and provisions of the Compact.
123	123	(b) A physician who does not meet the requirements of
124	124	Section 2(k) may obtain a license to practice medicine in a member
125	125	state if the individual complies with all laws and requirements,
126	126	other than the Compact, relating to the issuance of a license to
127	127	practice medicine in that state.
128	128	SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE
129	129	(a) A physician shall designate a member state as the state
130	130	of principal license for purposes of registration for expedited
131	131	licensure through the Compact if the physician possesses a full and
132	132	unrestricted license to practice medicine in that state, and the
133	133	state is:
134	134	(1) the state of primary residence for the physician,
135	135	or
136	136	(2) the state where at least 25 percent of the practice
137	137	of medicine occurs, or
138	138	(3) the location of the physician's employer, or
139	139	(4) if no state qualifies under subsection (1),
140	140	subsection (2), or subsection (3), the state designated as state of
141	141	residence for purpose of federal income tax.
142	142	(b) A physician may redesignate a member state as state of
143	143	principal license at any time, as long as the state meets the
144	144	requirements in subsection (a).
145	145	(c) The Interstate Commission is authorized to develop
146	146	rules to facilitate redesignation of another member state as the
147	147	state of principal license.
148	148	SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE
149	149	(a) A physician seeking licensure through the Compact shall
150	150	file an application for an expedited license with the member board
151	151	of the state selected by the physician as the state of principal
152	152	license.
153	153	(b) Upon receipt of an application for an expedited license,
154	154	the member board within the state selected as the state of principal
155	155	license shall evaluate whether the physician is eligible for
156	156	expedited licensure and issue a letter of qualification, verifying
157	157	or denying the physician's eligibility, to the Interstate
158	158	Commission.
159	159	(i) Static qualifications, which include verification
160	160	of medical education, graduate medical education, results of any
161	161	medical or licensing examination, and other qualifications as
162	162	determined by the Interstate Commission through rule, shall not be
163	163	subject to additional primary source verification where already
164	164	primary source verified by the state of principal license.
165	165	(ii) The member board within the state selected as the
166	166	state of principal license shall, in the course of verifying
167	167	eligibility, perform a criminal background check of an applicant,
168	168	including the use of the results of fingerprint or other biometric
169	169	data checks compliant with the requirements of the Federal Bureau
170	170	of Investigation, with the exception of federal employees who have
171	171	suitability determination in accordance with U.S. C.F.R. Section
172	172	731.202.
173	173	(iii) Appeal on the determination of eligibility shall
174	174	be made to the member state where the application was filed and
175	175	shall be subject to the law of that state.
176	176	(c) Upon verification in subsection (b), physicians
177	177	eligible for an expedited license shall complete the registration
178	178	process established by the Interstate Commission to receive a
179	179	license in a member state selected pursuant to subsection (a),
180	180	including the payment of any applicable fees.
181	181	(d) After receiving verification of eligibility under
182	182	subsection (b) and any fees under subsection (c), a member board
183	183	shall issue an expedited license to the physician. This license
184	184	shall authorize the physician to practice medicine in the issuing
185	185	state consistent with the Medical Practice Act and all applicable
186	186	laws and regulations of the issuing member board and member state.
187	187	(e) An expedited license shall be valid for a period
188	188	consistent with the licensure period in the member state and in the
189	189	same manner as required for other physicians holding a full and
190	190	unrestricted license within the member state.
191	191	(f) An expedited license obtained though the Compact shall
192	192	be terminated if a physician fails to maintain a license in the
193	193	state of principal licensure for a non-disciplinary reason, without
194	194	redesignation of a new state of principal licensure.
195	195	(g) The Interstate Commission is authorized to develop
196	196	rules regarding the application process, including payment of any
197	197	applicable fees, and the issuance of an expedited license.
198	198	SECTION 6. FEES FOR EXPEDITED LICENSURE
199	199	(a) A member state issuing an expedited license authorizing
200	200	the practice of medicine in that state may impose a fee for a
201	201	license issued or renewed through the Compact.
202	202	(b) The Interstate Commission is authorized to develop
203	203	rules regarding fees for expedited licenses.
204	204	SECTION 7. RENEWAL AND CONTINUED PARTICIPATION
205	205	(a) A physician seeking to renew an expedited license
206	206	granted in a member state shall complete a renewal process with the
207	207	Interstate Commission if the physician:
208	208	(1) Maintains a full and unrestricted license in a
209	209	state of principal license;
210	210	(2) Has not been convicted, received adjudication,
211	211	deferred adjudication, community supervision, or deferred
212	212	disposition for any offense by a court of appropriate jurisdiction;
213	213	(3) Has not had a license authorizing the practice of
214	214	medicine subject to discipline by a licensing agency in any state,
215	215	federal, or foreign jurisdiction, excluding any action related to
216	216	non-payment of fees related to a license; and
217	217	(4) Has not had a controlled substance license or
218	218	permit suspended or revoked by a state or the United States Drug
219	219	Enforcement Administration.
220	220	(b) Physicians shall comply with all continuing
221	221	professional development or continuing medical education
222	222	requirements for renewal of a license issued by a member state.
223	223	(c) The Interstate Commission shall collect any renewal
224	224	fees charged for the renewal of a license and distribute the fees to
225	225	the applicable member board.
226	226	(d) Upon receipt of any renewal fees collected in subsection
227	227	(c), a member board shall renew the physician's license.
228	228	(e) Physician information collected by the Interstate
229	229	Commission during the renewal process will be distributed to all
230	230	member boards.
231	231	(f) The Interstate Commission is authorized to develop
232	232	rules to address renewal of licenses obtained through the Compact.
233	233	SECTION 8. COORDINATED INFORMATION SYSTEM
234	234	(a) The Interstate Commission shall establish a database of
235	235	all physicians licensed, or who have applied for licensure, under
236	236	Section 5.
237	237	(b) Notwithstanding any other provision of law, member
238	238	boards shall report to the Interstate Commission any public action
239	239	or complaints against a licensed physician who has applied or
240	240	received an expedited license through the Compact.
241	241	(c) Member boards shall report disciplinary or
242	242	investigatory information determined as necessary and proper by
243	243	rule of the Interstate Commission.
244	244	(d) Member boards may report any non-public complaint,
245	245	disciplinary, or investigatory information not required by
246	246	subsection (c) to the Interstate Commission.
247	247	(e) Member boards shall share complaint or disciplinary
248	248	information about a physician upon request of another member board.
249	249	(f) All information provided to the Interstate Commission
250	250	or distributed by member boards shall be confidential, filed under
251	251	seal, and used only for investigatory or disciplinary matters.
252	252	(g) The Interstate Commission is authorized to develop
253	253	rules for mandated or discretionary sharing of information by
254	254	member boards.
255	255	SECTION 9. JOINT INVESTIGATIONS
256	256	(a) Licensure and disciplinary records of physicians are
257	257	deemed investigative.
258	258	(b) In addition to the authority granted to a member board
259	259	by its respective Medical Practice Act or other applicable state
260	260	law, a member board may participate with other member boards in
261	261	joint investigations of physicians licensed by the member boards.
262	262	(c) A subpoena issued by a member state shall be enforceable
263	263	in other member states.
264	264	(d) Member boards may share any investigative, litigation,
265	265	or compliance materials in furtherance of any joint or individual
266	266	investigation initiated under the Compact.
267	267	(e) Any member state may investigate actual or alleged
268	268	violations of the statutes authorizing the practice of medicine in
269	269	any other member state in which a physician holds a license to
270	270	practice medicine.
271	271	SECTION 10. DISCIPLINARY ACTIONS
272	272	(a) Any disciplinary action taken by any member board
273	273	against a physician licensed through the Compact shall be deemed
274	274	unprofessional conduct which may be subject to discipline by other
275	275	member boards, in addition to any violation of the Medical Practice
276	276	Act or regulations in that state.
277	277	(b) If a license granted to a physician by the member board
278	278	in the state of principal license is revoked, surrendered or
279	279	relinquished in lieu of discipline, or suspended, then all licenses
280	280	issued to the physician by member boards shall automatically be
281	281	placed, without further action necessary by any member board, on
282	282	the same status. If the member board in the state of principal
283	283	license subsequently reinstates the physician's license, a license
284	284	issued to the physician by any other member board shall remain
285	285	encumbered until that respective member board takes action to
286	286	reinstate the license in a manner consistent with the Medical
287	287	Practice Act of that state.
288	288	(c) If disciplinary action is taken against a physician by a
289	289	member board not in the state of principal license, any other member
290	290	board may deem the action conclusive as to matter of law and fact
291	291	decided, and:
292	292	(i) impose the same or lesser sanction(s) against the
293	293	physician so long as such sanctions are consistent with the Medical
294	294	Practice Act of that state;
295	295	(ii) or pursue separate disciplinary action against
296	296	the physician under its respective Medical Practice Act, regardless
297	297	of the action taken in other member states.
298	298	(d) If a license granted to a physician by a member board is
299	299	revoked, surrendered or relinquished in lieu of discipline, or
300	300	suspended, then any license(s) issued to the physician by any other
301	301	member board(s) shall be suspended, automatically and immediately
302	302	without further action necessary by the other member board(s), for
303	303	ninety (90) days upon entry of the order by the disciplining board,
304	304	to permit the member board(s) to investigate the basis for the
305	305	action under the Medical Practice Act of that state. A member board
306	306	may terminate the automatic suspension of the license it issued
307	307	prior to the completion of the ninety (90) day suspension period in
308	308	a manner consistent with the Medical Practice Act of that state.
309	309	SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT
310	310	COMMISSION
311	311	(a) The member states hereby create the "Interstate Medical
312	312	Licensure Compact Commission".
313	313	(b) The purpose of the Interstate Commission is the
314	314	administration of the Interstate Medical Licensure Compact, which
315	315	is a discretionary state function.
316	316	(c) The Interstate Commission shall be a body corporate and
317	317	joint agency of the member states and shall have all the
318	318	responsibilities, powers, and duties set forth in the Compact, and
319	319	such additional powers as may be conferred upon it by a subsequent
320	320	concurrent action of the respective legislatures of the member
321	321	states in accordance with the terms of the Compact.
322	322	(d) The Interstate Commission shall consist of two voting
323	323	representatives appointed by each member state who shall serve as
324	324	Commissioners. In states where allopathic and osteopathic
325	325	physicians are regulated by separate member boards, or if the
326	326	licensing and disciplinary authority is split between multiple
327	327	member boards within a member state, the member state shall appoint
328	328	one representative from each member board. A Commissioner shall be
329	329	a(n):
330	330	(1) Allopathic or osteopathic physician appointed to a
331	331	member board;
332	332	(2) Executive director, executive secretary, or
333	333	similar executive of a member board; or
334	334	(3) Member of the public appointed to a member board.
335	335	(e) The Interstate Commission shall meet at least once each
336	336	calendar year. A portion of this meeting shall be a business
337	337	meeting to address such matters as may properly come before the
338	338	Commission, including the election of officers. The chairperson
339	339	may call additional meetings and shall call for a meeting upon the
340	340	request of a majority of the member states.
341	341	(f) The bylaws may provide for meetings of the Interstate
342	342	Commission to be conducted by telecommunication or electronic
343	343	communication.
344	344	(g) Each Commissioner participating at a meeting of the
345	345	Interstate Commission is entitled to one vote. A majority of
346	346	Commissioners shall constitute a quorum for the transaction of
347	347	business, unless a larger quorum is required by the bylaws of the
348	348	Interstate Commission. A Commissioner shall not delegate a vote to
349	349	another Commissioner. In the absence of its Commissioner, a member
350	350	state may delegate voting authority for a specified meeting to
351	351	another person from that state who shall meet the requirements of
352	352	subsection (d).
353	353	(h) The Interstate Commission shall provide public notice
354	354	of all meetings and all meetings shall be open to the public. The
355	355	Interstate Commission may close a meeting, in full or in portion,
356	356	where it determines by a two-thirds vote of the Commissioners
357	357	present that an open meeting would be likely to:
358	358	(1) Relate solely to the internal personnel practices
359	359	and procedures of the Interstate Commission;
360	360	(2) Discuss matters specifically exempted from
361	361	disclosure by federal statute;
362	362	(3) Discuss trade secrets, commercial, or financial
363	363	information that is privileged or confidential;
364	364	(4) Involve accusing a person of a crime, or formally
365	365	censuring a person;
366	366	(5) Discuss information of a personal nature where
367	367	disclosure would constitute a clearly unwarranted invasion of
368	368	personal privacy;
369	369	(6) Discuss investigative records compiled for law
370	370	enforcement purposes; or
371	371	(7) Specifically relate to the participation in a
372	372	civil action or other legal proceeding.
373	373	(i) The Interstate Commission shall keep minutes which
374	374	shall fully describe all matters discussed in a meeting and shall
375	375	provide a full and accurate summary of actions taken, including
376	376	record of any roll call votes.
377	377	(j) The Interstate Commission shall make its information
378	378	and official records, to the extent not otherwise designated in the
379	379	Compact or by its rules, available to the public for inspection.
380	380	(k) The Interstate Commission shall establish an executive
381	381	committee, which shall include officers, members, and others as
382	382	determined by the bylaws. The executive committee shall have the
383	383	power to act on behalf of the Interstate Commission, with the
384	384	exception of rulemaking, during periods when the Interstate
385	385	Commission is not in session. When acting on behalf of the
386	386	Interstate Commission, the executive committee shall oversee the
387	387	administration of the Compact including enforcement and compliance
388	388	with the provisions of the Compact, its bylaws and rules, and other
389	389	such duties as necessary.
390	390	(l) The Interstate Commission may establish other
391	391	committees for governance and administration of the Compact.
392	392	SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
393	393	The Interstate Commission shall have the duty and power to:
394	394	(a) Oversee and maintain the administration of the Compact;
395	395	(b) Promulgate rules which shall be binding to the extent
396	396	and in the manner provided for in the Compact;
397	397	(c) Issue, upon the request of a member state or member
398	398	board, advisory opinions concerning the meaning or interpretation
399	399	of the Compact, its bylaws, rules, and actions;
400	400	(d) Enforce compliance with Compact provisions, the rules
401	401	promulgated by the Interstate Commission, and the bylaws, using all
402	402	necessary and proper means, including but not limited to the use of
403	403	judicial process;
404	404	(e) Establish and appoint committees including, but not
405	405	limited to, an executive committee as required by Section 11, which
406	406	shall have the power to act on behalf of the Interstate Commission
407	407	in carrying out its powers and duties;
408	408	(f) Pay, or provide for the payment of the expenses related
409	409	to the establishment, organization, and ongoing activities of the
410	410	Interstate Commission;
411	411	(g) Establish and maintain one or more offices;
412	412	(h) Borrow, accept, hire, or contract for services of
413	413	personnel;
414	414	(i) Purchase and maintain insurance and bonds;
415	415	(j) Employ an executive director who shall have such powers
416	416	to employ, select or appoint employees, agents, or consultants, and
417	417	to determine their qualifications, define their duties, and fix
418	418	their compensation;
419	419	(k) Establish personnel policies and programs relating to
420	420	conflicts of interest, rates of compensation, and qualifications of
421	421	personnel;
422	422	(l) Accept donations and grants of money, equipment,
423	423	supplies, materials and services, and to receive, utilize, and
424	424	dispose of it in a manner consistent with the conflict of interest
425	425	policies established by the Interstate Commission;
426	426	(m) Lease, purchase, accept contributions or donations of,
427	427	or otherwise to own, hold, improve or use, any property, real,
428	428	personal, or mixed;
429	429	(n) Sell, convey, mortgage, pledge, lease, exchange,
430	430	abandon, or otherwise dispose of any property, real, personal, or
431	431	mixed;
432	432	(o) Establish a budget and make expenditures;
433	433	(p) Adopt a seal and bylaws governing the management and
434	434	operation of the Interstate Commission;
435	435	(q) Report annually to the legislatures and governors of the
436	436	member states concerning the activities of the Interstate
437	437	Commission during the preceding year. Such reports shall also
438	438	include reports of financial audits and any recommendations that
439	439	may have been adopted by the Interstate Commission;
440	440	(r) Coordinate education, training, and public awareness
441	441	regarding the Compact, its implementation, and its operation;
442	442	(s) Maintain records in accordance with the bylaws;
443	443	(t) Seek and obtain trademarks, copyrights, and patents;
444	444	and
445	445	(u) Perform such functions as may be necessary or
446	446	appropriate to achieve the purposes of the Compact.
447	447	SECTION 13. FINANCE POWERS
448	448	(a) The Interstate Commission may levy on and collect an
449	449	annual assessment from each member state to cover the cost of the
450	450	operations and activities of the Interstate Commission and its
451	451	staff. The total assessment must be sufficient to cover the annual
452	452	budget approved each year for which revenue is not provided by other
453	453	sources. The aggregate annual assessment amount shall be allocated
454	454	upon a formula to be determined by the Interstate Commission, which
455	455	shall promulgate a rule binding upon all member states.
456	456	(b) The Interstate Commission shall not incur obligations
457	457	of any kind prior to securing the funds adequate to meet the same.
458	458	(c) The Interstate Commission shall not pledge the credit of
459	459	any of the member states, except by, and with the authority of, the
460	460	member state.
461	461	(d) The Interstate Commission shall be subject to a yearly
462	462	financial audit conducted by a certified or licensed public
463	463	accountant and the report of the audit shall be included in the
464	464	annual report of the Interstate Commission.
465	465	SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE
466	466	COMMISSION
467	467	(a) The Interstate Commission shall, by a majority of
468	468	Commissioners present and voting, adopt bylaws to govern its
469	469	conduct as may be necessary or appropriate to carry out the purposes
470	470	of the Compact within twelve (12) months of the first Interstate
471	471	Commission meeting.
472	472	(b) The Interstate Commission shall elect or appoint
473	473	annually from among its Commissioners a chairperson, a
474	474	vice-chairperson, and a treasurer, each of whom shall have such
475	475	authority and duties as may be specified in the bylaws. The
476	476	chairperson, or in the chairperson's absence or disability, the
477	477	vice-chairperson, shall preside at all meetings of the Interstate
478	478	Commission.
479	479	(c) Officers selected in subsection (b) shall serve without
480	480	remuneration from the Interstate Commission.
481	481	(d) The officers and employees of the Interstate Commission
482	482	shall be immune from suit and liability, either personally or in
483	483	their official capacity, for a claim for damage to or loss of
484	484	property or personal injury or other civil liability caused or
485	485	arising out of, or relating to, an actual or alleged act, error, or
486	486	omission that occurred, or that such person had a reasonable basis
487	487	for believing occurred, within the scope of Interstate Commission
488	488	employment, duties, or responsibilities; provided that such person
489	489	shall not be protected from suit or liability for damage, loss,
490	490	injury, or liability caused by the intentional or willful and
491	491	wanton misconduct of such person.
492	492	(1) The liability of the executive director and
493	493	employees of the Interstate Commission or representatives of the
494	494	Interstate Commission, acting within the scope of such person's
495	495	employment or duties for acts, errors, or omissions occurring
496	496	within such person's state, may not exceed the limits of liability
497	497	set forth under the constitution and laws of that state for state
498	498	officials, employees, and agents. The Interstate Commission is
499	499	considered to be an instrumentality of the states for the purposes
500	500	of any such action. Nothing in this subsection shall be construed
501	501	to protect such person from suit or liability for damage, loss,
502	502	injury, or liability caused by the intentional or willful and
503	503	wanton misconduct of such person.
504	504	(2) The Interstate Commission shall defend the
505	505	executive director, its employees, and subject to the approval of
506	506	the attorney general or other appropriate legal counsel of the
507	507	member state represented by an Interstate Commission
508	508	representative, shall defend such Interstate Commission
509	509	representative in any civil action seeking to impose liability
510	510	arising out of an actual or alleged act, error or omission that
511	511	occurred within the scope of Interstate Commission employment,
512	512	duties or responsibilities, or that the defendant had a reasonable
513	513	basis for believing occurred within the scope of Interstate
514	514	Commission employment, duties, or responsibilities, provided that
515	515	the actual or alleged act, error, or omission did not result from
516	516	intentional or willful and wanton misconduct on the part of such
517	517	person.
518	518	(3) To the extent not covered by the state involved,
519	519	member state, or the Interstate Commission, the representatives or
520	520	employees of the Interstate Commission shall be held harmless in
521	521	the amount of a settlement or judgment, including attorney's fees
522	522	and costs, obtained against such persons arising out of an actual or
523	523	alleged act, error, or omission that occurred within the scope of
524	524	Interstate Commission employment, duties, or responsibilities, or
525	525	that such persons had a reasonable basis for believing occurred
526	526	within the scope of Interstate Commission employment, duties, or
527	527	responsibilities, provided that the actual or alleged act, error,
528	528	or omission did not result from intentional or willful and wanton
529	529	misconduct on the part of such persons.
530	530	SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE
531	531	COMMISSION
532	532	(a) The Interstate Commission shall promulgate reasonable
533	533	rules in order to effectively and efficiently achieve the purposes
534	534	of the Compact. Notwithstanding the foregoing, in the event the
535	535	Interstate Commission exercises its rulemaking authority in a
536	536	manner that is beyond the scope of the purposes of the Compact, or
537	537	the powers granted hereunder, then such an action by the Interstate
538	538	Commission shall be invalid and have no force or effect.
539	539	(b) Rules deemed appropriate for the operations of the
540	540	Interstate Commission shall be made pursuant to a rulemaking
541	541	process that substantially conforms to the "Model State
542	542	Administrative Procedure Act" of 2010, and subsequent amendments
543	543	thereto.
544	544	(c) Not later than thirty (30) days after a rule is
545	545	promulgated, any person may file a petition for judicial review of
546	546	the rule in the United States District Court for the District of
547	547	Columbia or the federal district where the Interstate Commission
548	548	has its principal offices, provided that the filing of such a
549	549	petition shall not stay or otherwise prevent the rule from becoming
550	550	effective unless the court finds that the petitioner has a
551	551	substantial likelihood of success. The court shall give deference
552	552	to the actions of the Interstate Commission consistent with
553	553	applicable law and shall not find the rule to be unlawful if the
554	554	rule represents a reasonable exercise of the authority granted to
555	555	the Interstate Commission.
556	556	SECTION 16. OVERSIGHT OF INTERSTATE COMPACT
557	557	(a) The executive, legislative, and judicial branches of
558	558	state government in each member state shall enforce the Compact and
559	559	shall take all actions necessary and appropriate to effectuate the
560	560	Compact's purposes and intent. The provisions of the Compact and
561	561	the rules promulgated hereunder shall have standing as statutory
562	562	law but shall not override existing state authority to regulate the
563	563	practice of medicine.
564	564	(b) All courts shall take judicial notice of the Compact and
565	565	the rules in any judicial or administrative proceeding in a member
566	566	state pertaining to the subject matter of the Compact which may
567	567	affect the powers, responsibilities or actions of the Interstate
568	568	Commission.
569	569	(c) The Interstate Commission shall be entitled to receive
570	570	all service of process in any such proceeding, and shall have
571	571	standing to intervene in the proceeding for all purposes. Failure
572	572	to provide service of process to the Interstate Commission shall
573	573	render a judgment or order void as to the Interstate Commission, the
574	574	Compact, or promulgated rules.
575	575	SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT
576	576	(a) The Interstate Commission, in the reasonable exercise
577	577	of its discretion, shall enforce the provisions and rules of the
578	578	Compact.
579	579	(b) The Interstate Commission may, by majority vote of the
580	580	Commissioners, initiate legal action in the United States District
581	581	Court for the District of Columbia, or, at the discretion of the
582	582	Interstate Commission, in the federal district where the Interstate
583	583	Commission has its principal offices, to enforce compliance with
584	584	the provisions of the Compact, and its promulgated rules and
585	585	bylaws, against a member state in default. The relief sought may
586	586	include both injunctive relief and damages. In the event judicial
587	587	enforcement is necessary, the prevailing party shall be awarded all
588	588	costs of such litigation including reasonable attorney's fees.
589	589	(c) The remedies herein shall not be the exclusive remedies
590	590	of the Interstate Commission. The Interstate Commission may avail
591	591	itself of any other remedies available under state law or the
592	592	regulation of a profession.
593	593	SECTION 18. DEFAULT PROCEDURES
594	594	(a) The grounds for default include, but are not limited to,
595	595	failure of a member state to perform such obligations or
596	596	responsibilities imposed upon it by the Compact, or the rules and
597	597	bylaws of the Interstate Commission promulgated under the Compact.
598	598	(b) If the Interstate Commission determines that a member
599	599	state has defaulted in the performance of its obligations or
600	600	responsibilities under the Compact, or the bylaws or promulgated
601	601	rules, the Interstate Commission shall:
602	602	(1) Provide written notice to the defaulting state and
603	603	other member states, of the nature of the default, the means of
604	604	curing the default, and any action taken by the Interstate
605	605	Commission. The Interstate Commission shall specify the conditions
606	606	by which the defaulting state must cure its default; and
607	607	(2) Provide remedial training and specific technical
608	608	assistance regarding the default.
609	609	(c) If the defaulting state fails to cure the default, the
610	610	defaulting state shall be terminated from the Compact upon an
611	611	affirmative vote of a majority of the Commissioners and all rights,
612	612	privileges, and benefits conferred by the Compact shall terminate
613	613	on the effective date of termination. A cure of the default does not
614	614	relieve the offending state of obligations or liabilities incurred
615	615	during the period of the default.
616	616	(d) Termination of membership in the Compact shall be
617	617	imposed only after all other means of securing compliance have been
618	618	exhausted. Notice of intent to terminate shall be given by the
619	619	Interstate Commission to the governor, the majority and minority
620	620	leaders of the defaulting state's legislature, and each of the
621	621	member states.
622	622	(e) The Interstate Commission shall establish rules and
623	623	procedures to address licenses and physicians that are materially
624	624	impacted by the termination of a member state, or the withdrawal of
625	625	a member state.
626	626	(f) The member state which has been terminated is
627	627	responsible for all dues, obligations, and liabilities incurred
628	628	through the effective date of termination including obligations,
629	629	the performance of which extends beyond the effective date of
630	630	termination.
631	631	(g) The Interstate Commission shall not bear any costs
632	632	relating to any state that has been found to be in default or which
633	633	has been terminated from the Compact, unless otherwise mutually
634	634	agreed upon in writing between the Interstate Commission and the
635	635	defaulting state.
636	636	(h) The defaulting state may appeal the action of the
637	637	Interstate Commission by petitioning the United States District
638	638	Court for the District of Columbia or the federal district where the
639	639	Interstate Commission has its principal offices. The prevailing
640	640	party shall be awarded all costs of such litigation including
641	641	reasonable attorney's fees.
642	642	SECTION 19. DISPUTE RESOLUTION
643	643	(a) The Interstate Commission shall attempt, upon the
644	644	request of a member state, to resolve disputes which are subject to
645	645	the Compact and which may arise among member states or member
646	646	boards.
647	647	(b) The Interstate Commission shall promulgate rules
648	648	providing for both mediation and binding dispute resolution as
649	649	appropriate.
650	650	SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
651	651	(a) Any state is eligible to become a member state of the
652	652	Compact.
653	653	(b) The Compact shall become effective and binding upon
654	654	legislative enactment of the Compact into law by no less than seven
655	655	(7) states. Thereafter, it shall become effective and binding on a
656	656	state upon enactment of the Compact into law by that state.
657	657	(c) The governors of non-member states, or their designees,
658	658	shall be invited to participate in the activities of the Interstate
659	659	Commission on a non-voting basis prior to adoption of the Compact by
660	660	all states.
661	661	(d) The Interstate Commission may propose amendments to the
662	662	Compact for enactment by the member states. No amendment shall
663	663	become effective and binding upon the Interstate Commission and the
664	664	member states unless and until it is enacted into law by unanimous
665	665	consent of the member states.
666	666	SECTION 21. WITHDRAWAL
667	667	(a) Once effective, the Compact shall continue in force and
668	668	remain binding upon each and every member state; provided that a
669	669	member state may withdraw from the Compact by specifically
670	670	repealing the statute which enacted the Compact into law.
671	671	(b) Withdrawal from the Compact shall be by the enactment of
672	672	a statute repealing the same, but shall not take effect until one
673	673	(1) year after the effective date of such statute and until written
674	674	notice of the withdrawal has been given by the withdrawing state to
675	675	the governor of each other member state.
676	676	(c) The withdrawing state shall immediately notify the
677	677	chairperson of the Interstate Commission in writing upon the
678	678	introduction of legislation repealing the Compact in the
679	679	withdrawing state.
680	680	(d) The Interstate Commission shall notify the other member
681	681	states of the withdrawing state's intent to withdraw within sixty
682	682	(60) days of its receipt of notice provided under subsection (c).
683	683	(e) The withdrawing state is responsible for all dues,
684	684	obligations and liabilities incurred through the effective date of
685	685	withdrawal, including obligations, the performance of which extend
686	686	beyond the effective date of withdrawal.
687	687	(f) Reinstatement following withdrawal of a member state
688	688	shall occur upon the withdrawing state reenacting the Compact or
689	689	upon such later date as determined by the Interstate Commission.
690	690	(g) The Interstate Commission is authorized to develop
691	691	rules to address the impact of the withdrawal of a member state on
692	692	licenses granted in other member states to physicians who
693	693	designated the withdrawing member state as the state of principal
694	694	license.
695	695	SECTION 22. DISSOLUTION
696	696	(a) The Compact shall dissolve effective upon the date of
697	697	the withdrawal or default of the member state which reduces the
698	698	membership in the Compact to one (1) member state.
699	699	(b) Upon the dissolution of the Compact, the Compact becomes
700	700	null and void and shall be of no further force or effect, and the
701	701	business and affairs of the Interstate Commission shall be
702	702	concluded and surplus funds shall be distributed in accordance with
703	703	the bylaws.
704	704	SECTION 23. SEVERABILITY AND CONSTRUCTION
705	705	(a) The provisions of the Compact shall be severable, and if
706	706	any phrase, clause, sentence, or provision is deemed unenforceable,
707	707	the remaining provisions of the Compact shall be enforceable.
708	708	(b) The provisions of the Compact shall be liberally
709	709	construed to effectuate its purposes.
710	710	(c) Nothing in the Compact shall be construed to prohibit
711	711	the applicability of other interstate compacts to which the states
712	712	are members.
713	713	SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS
714	714	(a) Nothing herein prevents the enforcement of any other law
715	715	of a member state that is not inconsistent with the Compact.
716	716	(b) All laws in a member state in conflict with the Compact
717	717	are superseded to the extent of the conflict.
718	718	(c) All lawful actions of the Interstate Commission,
719	719	including all rules and bylaws promulgated by the Commission, are
720	720	binding upon the member states.
721	721	(d) All agreements between the Interstate Commission and
722	722	the member states are binding in accordance with their terms.
723	723	(e) In the event any provision of the Compact exceeds the
724	724	constitutional limits imposed on the legislature of any member
725	725	state, such provision shall be ineffective to the extent of the
726	726	conflict with the constitutional provision in question in that
727	727	member state.
728	728	Sec. 170.002. RULES. The board may adopt rules necessary to
729	729	implement this chapter.
730	730	SECTION 2. This Act takes effect September 1, 2017.