The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7732

                            I N  S E N A T E

                            February 11, 2020
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  enacting  the  inter-
  state medical licensure compact

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 169 to
read as follows:
                               ARTICLE 169
                  INTERSTATE MEDICAL LICENSURE COMPACT
SECTION 8860. SHORT TITLE.
        8861. PURPOSE.
        8862. DEFINITIONS.
        8863. ELIGIBILITY.
        8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
        8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
        8866. FEES FOR EXPEDITED LICENSURE.
        8867. RENEWAL AND CONTINUED PARTICIPATION.
        8868. COORDINATED INFORMATION SYSTEM.
        8869. JOINT INVESTIGATIONS.
        8870. DISCIPLINARY ACTIONS.
        8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
        8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
        8873. FINANCE POWERS.
        8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
        8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
        8876. OVERSIGHT OF INTERSTATE COMPACT.
        8877. ENFORCEMENT OF INTERSTATE COMPACT.
        8878. DEFAULT PROCEDURES.
        8879. DISPUTE RESOLUTION.
        8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
        8881. WITHDRAWAL.
        8882. DISSOLUTION.
        8883. SEVERABILITY AND CONSTRUCTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15221-01-0

S. 7732                             2

        8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
  § 8860. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "INTERSTATE MEDICAL LICENSURE COMPACT".
  § 8861. 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 MULTI-
PLE STATES, THEREBY ENHANCING THE PORTABILITY OF A MEDICAL  LICENSE  AND
ENSURING  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 LICEN-
SURE  AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE PATIENT
IS LOCATED AT THE TIME OF THE PHYSICIAN-PATIENT  ENCOUNTER,  AND  THERE-
FORE,  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.
  § 8862. DEFINITIONS. IN THIS COMPACT:
  1.  "BYLAWS"  MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
SION PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS  ARTI-
CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
CONDUCT.
  2.  "COMMISSIONER"  MEANS  THE VOTING REPRESENTATIVE APPOINTED BY EACH
MEMBER BOARD PURSUANT TO SECTION  EIGHTY-EIGHT  HUNDRED  SEVENTY-ONE  OF
THIS ARTICLE.
  3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
TY  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.
  4. "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 COMPACT.
  5. "INTERSTATE COMMISSION" MEANS  THE  INTERSTATE  COMMISSION  CREATED
PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
  6.  "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
IZATION.
  7. "MEDICAL PRACTICE ACT" MEANS LAWS  AND  REGULATIONS  GOVERNING  THE
PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
  8.  "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.
  9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
  10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL  PREVENTION,  DIAGNOSIS,
OR  TREATMENT  OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
CIAN TO OBTAIN AND MAINTAIN A LICENSE IN  COMPLIANCE  WITH  THE  MEDICAL
PRACTICE ACT OF A MEMBER STATE.
  11. "PHYSICIAN" MEANS ANY PERSON WHO:
  (A)  IS  A  GRADUATE  OF  A  MEDICAL  SCHOOL ACCREDITED BY THE LIAISON
COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION  ON  OSTEOPATHIC  COLLEGE

S. 7732                             3

ACCREDITATION,  OR  A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
EDUCATION DIRECTORY OR ITS EQUIVALENT;
  (B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
INATION  (COMLEX-USA)  WITHIN  THREE ATTEMPTS, OR ANY OF ITS PREDECESSOR
EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
TION FOR LICENSURE PURPOSES;
  (C) SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY  THE
ACCREDITATION  COUNCIL  FOR  GRADUATE  MEDICAL EDUCATION OR THE AMERICAN
OSTEOPATHIC ASSOCIATION;
  (D)  HOLDS  SPECIALTY  CERTIFICATION  OR  A  TIME-UNLIMITED  SPECIALTY
CERTIFICATE  RECOGNIZED  BY THE AMERICAN BOARD OF MEDICAL SPECIALTIES OR
THE AMERICAN OSTEOPATHIC ASSOCIATION'S BUREAU  OF  OSTEOPATHIC  SPECIAL-
ISTS;
  (E)  POSSESSES  A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN THE PRAC-
TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
  (F) HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED  ADJUDI-
CATION,  COMMUNITY  SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
BY A COURT OF APPROPRIATE JURISDICTION;
  (G) 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  NON-PAYMENT  OF
FEES RELATED TO A LICENSE;
  (H)  HAS  NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED
OR REVOKED BY A STATE OR THE UNITED  STATES  DRUG  ENFORCEMENT  ADMINIS-
TRATION; AND
  (I)  IS  NOT  UNDER  ACTIVE INVESTIGATION BY A LICENSING AGENCY OR LAW
ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
  12. "OFFENSE" MEANS A FELONY, GROSS MISDEMEANOR,  OR  CRIME  OF  MORAL
TURPITUDE.
  13.  "RULE"  MEANS  A  WRITTEN  STATEMENT BY THE INTERSTATE COMMISSION
PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
ARTICLE THAT IS OF GENERAL  APPLICABILITY,  IMPLEMENTS,  INTERPRETS,  OR
PRESCRIBES  A  POLICY OR PROVISION OF THE COMPACT, OR 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 RULE.
  14. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR  TERRITORY  OF
THE UNITED STATES.
  15.  "STATE  OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE A PHYSI-
CIAN HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN  DESIGNATED
AS  SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND PARTICIPATION
IN THE COMPACT.
  § 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
MENTS AS DEFINED IN SUBDIVISION ELEVEN OF SECTION  EIGHTY-EIGHT  HUNDRED
SIXTY-TWO  OF  THIS  ARTICLE  TO  RECEIVE AN EXPEDITED LICENSE UNDER THE
TERMS AND PROVISIONS OF THE COMPACT.
  2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
EN OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY  OBTAIN
A  LICENSE  TO  PRACTICE  MEDICINE  IN  A MEMBER STATE IF THE INDIVIDUAL
COMPLIES WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT,  RELAT-
ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
  § 8864. DESIGNATION  OF  STATE  OF  PRINCIPAL  LICENSE. 1. A PHYSICIAN
SHALL DESIGNATE A MEMBER STATE AS THE STATE  OF  PRINCIPAL  LICENSE  FOR
PURPOSES  OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT IF

S. 7732                             4

THE PHYSICIAN POSSESSES A FULL  AND  UNRESTRICTED  LICENSE  TO  PRACTICE
MEDICINE IN THAT STATE, AND THE STATE IS:
  (A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
  (B)  THE  STATE  WHERE AT LEAST TWENTY-FIVE PERCENT OF THE PRACTICE OF
MEDICINE OCCURS, OR
  (C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
  (D) IF NO STATE QUALIFIES UNDER PARAGRAPH (A), (B),  OR  (C)  OF  THIS
SUBDIVISION,  THE  STATE DESIGNATED AS STATE OF RESIDENCE FOR PURPOSE OF
FEDERAL INCOME TAX.
  2. A PHYSICIAN MAY REDESIGNATE A MEMBER STATE AS  STATE  OF  PRINCIPAL
LICENSE  AT  ANY  TIME,  AS  LONG AS THE STATE MEETS THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION.
  3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
TATE REDESIGNATION OF ANOTHER MEMBER STATE AS  THE  STATE  OF  PRINCIPAL
LICENSE.
  § 8865. APPLICATION  AND  ISSUANCE OF EXPEDITED LICENSURE. 1. A PHYSI-
CIAN SEEKING LICENSURE THROUGH THE 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.
  2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
BOARD  WITHIN THE STATE SELECTED AS 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 COMMISSION.
  (A) STATIC  QUALIFICATIONS,  WHICH  INCLUDE  VERIFICATION  OF  MEDICAL
EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
ING  EXAMINATION,  AND  OTHER QUALIFICATIONS AS DETERMINED BY THE INTER-
STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
RY SOURCE VERIFICATION WHERE ALREADY  PRIMARY  SOURCE  VERIFIED  BY  THE
STATE OF PRINCIPAL LICENSE.
  (B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
PAL  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 U.S. C.F.R. § 731.202.
  (C)  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.
  3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
ELIGIBLE FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION  PROC-
ESS  ESTABLISHED  BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE IN A
MEMBER STATE SELECTED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION,
INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
  4.  AFTER  RECEIVING VERIFICATION OF ELIGIBILITY UNDER SUBDIVISION TWO
OF THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION,  A
MEMBER  BOARD  SHALL  ISSUE  AN EXPEDITED LICENSE TO THE PHYSICIAN. THIS
LICENSE SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE  ISSU-
ING  STATE  CONSISTENT  WITH THE MEDICAL PRACTICE ACT AND ALL APPLICABLE
LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
  5. 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.

S. 7732                             5

  6.  AN  EXPEDITED  LICENSE OBTAINED THOUGH THE COMPACT SHALL BE TERMI-
NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
PAL LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF  A
NEW STATE OF PRINCIPAL LICENSURE.
  7.  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.
  § 8866. FEES  FOR  EXPEDITED  LICENSURE.  1. 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 COMPACT.
  2. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES  REGARDING
FEES FOR EXPEDITED LICENSES.
  § 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. 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:
  (A) MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF  PRINCIPAL
LICENSE;
  (B)  HAS  NOT  BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
BY A COURT OF APPROPRIATE JURISDICTION;
  (C) 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  NON-PAYMENT  OF  FEES
RELATED TO A LICENSE; AND
  (D)  HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED OR
REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
  2. PHYSICIANS SHALL COMPLY WITH ALL CONTINUING  PROFESSIONAL  DEVELOP-
MENT  OR  CONTINUING  MEDICAL  EDUCATION  REQUIREMENTS  FOR RENEWAL OF A
LICENSE ISSUED BY A MEMBER STATE.
  3. THE INTERSTATE COMMISSION SHALL COLLECT ANY  RENEWAL  FEES  CHARGED
FOR  THE  RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO THE APPLICABLE
MEMBER BOARD.
  4. UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE  OF
THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
  5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
  6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
  § 8868. COORDINATED  INFORMATION  SYSTEM. 1. THE INTERSTATE COMMISSION
SHALL ESTABLISH A DATABASE OF  ALL  PHYSICIANS  LICENSED,  OR  WHO  HAVE
APPLIED  FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE OF
THIS ARTICLE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  MEMBER  BOARDS  SHALL
REPORT  TO  THE  INTERSTATE  COMMISSION  ANY PUBLIC ACTION OR COMPLAINTS
AGAINST A LICENSED PHYSICIAN WHO HAS APPLIED OR  RECEIVED  AN  EXPEDITED
LICENSE THROUGH THE COMPACT.
  3.  MEMBER  BOARDS SHALL REPORT DISCIPLINARY OR INVESTIGATORY INFORMA-
TION DETERMINED AS NECESSARY  AND  PROPER  BY  RULE  OF  THE  INTERSTATE
COMMISSION.
  4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
INVESTIGATORY  INFORMATION  NOT  REQUIRED  BY  SUBDIVISION THREE OF THIS
SECTION TO THE INTERSTATE COMMISSION.
  5. MEMBER BOARDS SHALL SHARE  COMPLAINT  OR  DISCIPLINARY  INFORMATION
ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.

S. 7732                             6

  6.  ALL  INFORMATION PROVIDED TO THE INTERSTATE COMMISSION OR DISTRIB-
UTED BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND  USED
ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
  7.  THE  INTERSTATE  COMMISSION  IS  AUTHORIZED  TO  DEVELOP RULES FOR
MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
  § 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
PHYSICIANS ARE DEEMED INVESTIGATIVE.
  2. 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.
  3.  A  SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE IN OTHER
MEMBER STATES.
  4. MEMBER BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION,  OR  COMPLI-
ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
INITIATED UNDER THE COMPACT.
  5. ANY 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.
  § 8870. DISCIPLINARY ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY  ANY
MEMBER  BOARD  AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT SHALL BE
DEEMED UNPROFESSIONAL CONDUCT WHICH MAY  BE  SUBJECT  TO  DISCIPLINE  BY
OTHER  MEMBER  BOARDS, IN ADDITION TO ANY VIOLATION OF THE MEDICAL PRAC-
TICE ACT OR REGULATIONS IN THAT STATE.
  2. 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 PHYSI-
CIAN 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.
  3. 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:
  (A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
CIAN SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL  PRACTICE
ACT OF THAT STATE; OR
  (B)  PURSUE  SEPARATE  DISCIPLINARY ACTION AGAINST THE PHYSICIAN UNDER
ITS RESPECTIVE MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION  TAKEN  IN
OTHER MEMBER STATES.
  4.  IF  A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD IS REVOKED,
SURRENDERED, OR RELINQUISHED IN LIEU OF DISCIPLINE, OR  SUSPENDED,  THEN
ANY  LICENSE  OR  LICENSES  ISSUED  TO THE PHYSICIAN BY ANY OTHER MEMBER
BOARD OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY  WITH-
OUT  FURTHER  ACTION  NECESSARY BY THE OTHER MEMBER BOARD OR BOARDS, FOR
NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
THE MEMBER BOARD OR 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 IT ISSUED PRIOR TO THE COMPLETION OF
THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
PRACTICE ACT OF THAT STATE.

S. 7732                             7

  § 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
STATES HEREBY CREATE THE "INTERSTATE MEDICAL LICENSURE  COMPACT  COMMIS-
SION".
  2.  THE  PURPOSE OF THE INTERSTATE COMMISSION IS THE ADMINISTRATION OF
THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
FUNCTION.
  3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
AND DUTIES SET FORTH IN THE 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.
  4. THE INTERSTATE COMMISSION SHALL CONSIST  OF  TWO  VOTING  REPRESEN-
TATIVES 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  MULTIPLE  MEMBER  BOARDS  WITHIN A MEMBER STATE, THE
MEMBER STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD.  A
COMMISSIONER SHALL BE A OR AN:
  (A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
  (B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
MEMBER BOARD; OR
  (C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
  5.  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 CHAIRPERSON MAY CALL ADDITIONAL  MEETINGS  AND
SHALL  CALL  FOR  A MEETING UPON THE REQUEST OF A MAJORITY OF THE MEMBER
STATES.
  6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
  7. 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 COMMIS-
SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
OF  ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR A
SPECIFIED MEETING TO ANOTHER PERSON FROM THAT STATE WHO SHALL  MEET  THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
  8.  THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL MEET-
INGS AND ALL MEETINGS SHALL  BE  OPEN  TO  THE  PUBLIC.  THE  INTERSTATE
COMMISSION  MAY  CLOSE A MEETING, IN FULL OR IN PORTION, WHERE IT DETER-
MINES BY A TWO-THIRDS VOTE OF THE COMMISSIONERS  PRESENT  THAT  AN  OPEN
MEETING WOULD BE LIKELY TO:
  (A)  RELATE  SOLELY TO THE INTERNAL PERSONNEL PRACTICES AND PROCEDURES
OF THE INTERSTATE COMMISSION;
  (B) DISCUSS MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE  BY  FEDERAL
STATUTE;
  (C)  DISCUSS  TRADE SECRETS, COMMERCIAL, OR FINANCIAL INFORMATION THAT
IS PRIVILEGED OR CONFIDENTIAL;
  (D) INVOLVE ACCUSING A PERSON OF A  CRIME,  OR  FORMALLY  CENSURING  A
PERSON;
  (E)  DISCUSS  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
  (F)  DISCUSS  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW   ENFORCEMENT
PURPOSES; OR

S. 7732                             8

  (G)  SPECIFICALLY  RELATE  TO  THE  PARTICIPATION IN A CIVIL ACTION OR
OTHER LEGAL PROCEEDING.
  9.  THE  INTERSTATE  COMMISSION  SHALL  KEEP MINUTES WHICH 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.
  10.  THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL
RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
  11. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE  COMMITTEE,
WHICH  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 OVER-
SEE  THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLI-
ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
SUCH DUTIES AS NECESSARY.
  12. THE INTERSTATE  COMMISSION  MAY  ESTABLISH  OTHER  COMMITTEES  FOR
GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
  § 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
COMMISSION SHALL HAVE THE DUTY AND POWER TO:
  1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
  2.  PROMULGATE  RULES  WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
MANNER PROVIDED FOR IN THE COMPACT;
  3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF  THE  COMPACT,  ITS
BYLAWS, RULES, AND ACTIONS;
  4.  ENFORCE  COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING  ALL  NECESSARY  AND
PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
  5.  ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT  HUNDRED  SEVEN-
TY-ONE  OF  THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
  6. PAY, OR PROVIDE FOR THE PAYMENT OF  THE  EXPENSES  RELATED  TO  THE
ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING ACTIVITIES OF THE INTERSTATE
COMMISSION;
  7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
  8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
  9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
  10. 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;
  11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
  12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
CONSISTENT  WITH  THE  CONFLICT  OF INTEREST POLICIES ESTABLISHED BY THE
INTERSTATE COMMISSION;
  13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF,  OR  OTHER-
WISE  TO  OWN,  HOLD,  IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
MIXED;
  14. SELL, CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON,  OR
OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
  15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;

S. 7732                             9

  16.  ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION OF
THE INTERSTATE COMMISSION;
  17.  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 INTER-
STATE COMMISSION;
  18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
  19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
  20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
  21. PERFORM SUCH FUNCTIONS AS  MAY  BE  NECESSARY  OR  APPROPRIATE  TO
ACHIEVE THE PURPOSES OF THE COMPACT.
  § 8873. FINANCE  POWERS.  1. 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 BUDG-
ET  APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURC-
ES. 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.
  2. THE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND
PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
  3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
  4.  THE  INTERSTATE  COMMISSION SHALL BE SUBJECT TO A YEARLY FINANCIAL
AUDIT CONDUCTED BY A CERTIFIED OR LICENSED  PUBLIC  ACCOUNTANT  AND  THE
REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
STATE COMMISSION.
  § 8874. ORGANIZATION  AND  OPERATION  OF THE INTERSTATE COMMISSION. 1.
THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS  PRESENT
AND  VOTING,  ADOPT  BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE  PURPOSES  OF  THE  COMPACT  WITHIN  TWELVE
MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
  2.  THE  INTERSTATE  COMMISSION  SHALL  ELECT OR APPOINT ANNUALLY FROM
AMONG ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A  TREAS-
URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
FIED  IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE OR
DISABILITY, THE VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS  OF  THE
INTERSTATE COMMISSION.
  3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
  4.  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  LIABILITY CAUSED BY THE INTENTIONAL OR
WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
  (A) 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

S. 7732                            10

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
PURPOSES  OF  ANY  SUCH  ACTION.    NOTHING  IN  THIS PARAGRAPH 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.
  (B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
EMPLOYEES, AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR  OTHER
APPROPRIATE  LEGAL  COUNSEL OF THE MEMBER STATE REPRESENTED BY AN INTER-
STATE 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  RESPONSIBIL-
ITIES,  OR  THAT  THE  DEFENDANT  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  MISCON-
DUCT ON THE PART OF SUCH PERSON.
  (C)  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 SETTLE-
MENT OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED  AGAINST
SUCH PERSONS 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 SUCH PERSONS HAD A REASONABLE BASIS
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
MENT, 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 PERSONS.
  § 8875. RULEMAKING FUNCTIONS OF THE INTERSTATE  COMMISSION.  1.    THE
INTERSTATE  COMMISSION  SHALL  PROMULGATE  REASONABLE  RULES IN ORDER TO
EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF  THE  COMPACT.
NOTWITHSTANDING  THE  FOREGOING,  IN THE EVENT THE INTERSTATE COMMISSION
EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE  SCOPE
OF  THE  PURPOSES  OF THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN
SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
FORCE OR EFFECT.
  2. RULES DEEMED APPROPRIATE  FOR  THE  OPERATIONS  OF  THE  INTERSTATE
COMMISSION  SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
TIALLY CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE  ACT
OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
  3.  NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY 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  COMMIS-
SION.
  § 8876. OVERSIGHT  OF  INTERSTATE  COMPACT. 1. THE EXECUTIVE, LEGISLA-
TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT  IN  EACH  MEMBER  STATE
SHALL  ENFORCE  THE  COMPACT  AND  SHALL  TAKE ALL ACTIONS NECESSARY AND

S. 7732                            11

APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND  INTENT.  THE
PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
TY TO REGULATE THE PRACTICE OF MEDICINE.
  2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
ING  TO  THE  SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
  3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL  SERVICE
OF  PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF  PROC-
ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
  § 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE  INTERSTATE  COMMIS-
SION,  IN  THE  REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
PROVISIONS AND RULES OF THE COMPACT.
  2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE  COMMISSION-
ERS,  INITIATE  LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF  THE  INTERSTATE  COMMIS-
SION,  IN  THE  FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
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'S FEES.
  3.  THE  REMEDIES  HEREIN  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 THE REGULATION OF A
PROFESSION.
  § 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR  DEFAULT  INCLUDE,  BUT
ARE  NOT  LIMITED  TO,  FAILURE  OF A MEMBER STATE TO PERFORM SUCH OBLI-
GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
  2. IF THE INTERSTATE COMMISSION DETERMINES THAT  A  MEMBER  STATE  HAS
DEFAULTED  IN  THE  PERFORMANCE  OF  ITS OBLIGATIONS OR RESPONSIBILITIES
UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED  RULES,  THE  INTERSTATE
COMMISSION SHALL:
  (A)  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 INTERSTATE COMMISSION.   THE INTERSTATE
COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH  THE  DEFAULTING  STATE
MUST CURE ITS DEFAULT; AND
  (B)  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
REGARDING THE DEFAULT.
  3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT,  THE  DEFAULTING
STATE SHALL BE TERMINATED FROM THE 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 TERMI-
NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFENDING  STATE  OF
OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
  4.  TERMINATION  OF  MEMBERSHIP  IN  THE 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.

S. 7732                            12

  5. 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.
  6.  THE  MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
DUES, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE  EFFECTIVE  DATE
OF  TERMINATION  INCLUDING OBLIGATIONS, THE PERFORMANCE OF WHICH EXTENDS
BEYOND THE EFFECTIVE DATE OF TERMINATION.
  7. THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO  ANY
STATE  THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN TERMINATED
FROM THE COMPACT, UNLESS  OTHERWISE  MUTUALLY  AGREED  UPON  IN  WRITING
BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
  8.  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'S
FEES.
  § 8879. DISPUTE  RESOLUTION.  1.  THE  INTERSTATE   COMMISSION   SHALL
ATTEMPT,  UPON  THE REQUEST OF A MEMBER STATE, TO RESOLVE DISPUTES WHICH
ARE SUBJECT TO THE COMPACT AND WHICH MAY ARISE AMONG  MEMBER  STATES  OR
MEMBER BOARDS.
  2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
  § 8880. MEMBER  STATES,  EFFECTIVE DATE AND AMENDMENT. 1. ANY STATE IS
ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
  2. THE COMPACT SHALL BECOME EFFECTIVE  AND  BINDING  UPON  LEGISLATIVE
ENACTMENT  OF  THE COMPACT INTO LAW BY NO LESS THAN SEVEN STATES. THERE-
AFTER, IT SHALL BECOME EFFECTIVE AND BINDING ON A STATE  UPON  ENACTMENT
OF THE COMPACT INTO LAW BY THAT STATE.
  3.  THE  GOVERNORS  OF NON-MEMBER STATES, OR THEIR DESIGNEES, SHALL BE
INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
  4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE 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 IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
  § 8881. WITHDRAWAL. 1. ONCE EFFECTIVE, THE COMPACT SHALL  CONTINUE  IN
FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
A  MEMBER  STATE MAY WITHDRAW FROM THE COMPACT BY SPECIFICALLY REPEALING
THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
  2. WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A  STATUTE
REPEALING  THE  SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR AFTER THE
EFFECTIVE DATE OF SUCH STATUTE AND UNTIL WRITTEN  NOTICE  OF  THE  WITH-
DRAWAL  HAS  BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR OF EACH
OTHER MEMBER STATE.
  3. THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE  CHAIRPERSON  OF
THE  INTERSTATE  COMMISSION  IN  WRITING UPON THE INTRODUCTION OF LEGIS-
LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
  4. THE INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER  STATES  OF
THE  WITHDRAWING  STATE'S  INTENT  TO  WITHDRAW WITHIN SIXTY DAYS OF ITS
RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
  5. 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.

S. 7732                            13

  6. REINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER  STATE  SHALL  OCCUR
UPON  THE  WITHDRAWING  STATE  REENACTING THE COMPACT OR UPON SUCH LATER
DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
  7. 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 STATE OF PRINCIPAL LICENSE.
  § 8882. DISSOLUTION.  1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON THE
DATE OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE
MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
  2.  UPON  THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES NULL AND
VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND  THE  BUSINESS  AND
AFFAIRS  OF  THE  INTERSTATE  COMMISSION  SHALL BE CONCLUDED AND SURPLUS
FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
  § 8883. SEVERABILITY  AND  CONSTRUCTION.  1.  THE  PROVISIONS  OF  THE
COMPACT  SHALL  BE  SEVERABLE,  AND  IF ANY PHRASE, CLAUSE, SENTENCE, OR
PROVISION IS DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS  OF  THE
COMPACT SHALL BE ENFORCEABLE.
  2.  THE  PROVISIONS  OF  THE  COMPACT  SHALL BE LIBERALLY CONSTRUED TO
EFFECTUATE ITS PURPOSES.
  3. NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE  APPLICA-
BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
  § 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
IN  THIS  ARTICLE  SHALL  PREVENT  THE ENFORCEMENT OF ANY OTHER LAW OF A
MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
  2. ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE  SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
  3.  ALL  LAWFUL  ACTIONS  OF  THE INTERSTATE COMMISSION, INCLUDING ALL
RULES AND BYLAWS PROMULGATED BY THE COMMISSION,  ARE  BINDING  UPON  THE
MEMBER STATES.
  4.  ALL  AGREEMENTS  BETWEEN  THE INTERSTATE COMMISSION AND THE MEMBER
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
  5. IN THE EVENT ANY PROVISION OF THE  COMPACT  EXCEEDS  THE  CONSTITU-
TIONAL  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.
  § 2. This act shall take effect immediately.