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A BILL TO BE ENTITLED
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AN ACT
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relating to the Interstate Medical Licensure Compact; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Occupations Code, is |
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amended by adding Chapter 169 to read as follows: |
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CHAPTER 169. INTERSTATE MEDICAL LICENSURE COMPACT |
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Sec. 169.001. PURPOSE. In order to strengthen access to |
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health care, and in recognition of the advances in the delivery of |
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health care, the member states of the Interstate Medical Licensure |
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Compact have allied in common purpose to develop a comprehensive |
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process that complements the existing licensing and regulatory |
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authority of state medical boards and provides a streamlined |
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process that allows physicians to become licensed in multiple |
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states, thereby enhancing the portability of a medical license and |
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ensuring the safety of patients. The compact creates another |
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pathway for licensure and does not otherwise change a state's |
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existing medical practice act. The compact also adopts the |
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prevailing standard for licensure and affirms that the practice of |
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medicine occurs where the patient is located at the time of the |
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physician-patient encounter, and therefore, requires the physician |
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to be under the jurisdiction of the state medical board where the |
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patient is located. State medical boards that participate in the |
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compact retain the jurisdiction to impose an adverse action against |
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a license to practice medicine in that state issued to a physician |
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through the procedures in the compact. |
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Sec. 169.002. DEFINITIONS. In this chapter: |
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(1) "Bylaws" means those bylaws established by the |
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interstate commission pursuant to Section 169.011 for its |
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governance, or for directing and controlling its actions and |
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conduct. |
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(2) "Commissioner" means the voting representative |
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appointed by each member board pursuant to Section 169.011. |
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(3) "Conviction" means a finding by a court that an |
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individual is guilty of a criminal offense through adjudication, or |
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entry of a plea of guilt or no contest to the charge by the offender. |
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Evidence of an entry of a conviction of a criminal offense by the |
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court shall be considered final for purposes of disciplinary action |
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by a member board. |
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(4) "Expedited license" means a full and unrestricted |
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medical license granted by a member state to an eligible physician |
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through the process set forth in the compact. |
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(5) "Interstate commission" means the interstate |
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commission created pursuant to Section 169.011. |
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(6) "License" means authorization by a state for a |
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physician to engage in the practice of medicine, which would be |
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unlawful without the authorization. |
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(7) "Medical practice act" means laws and regulations |
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governing the practice of allopathic and osteopathic medicine |
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within a member state. |
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(8) "Member board" means a state agency in a member |
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state that acts in the sovereign interests of the state by |
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protecting the public through licensure, regulation, and education |
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of physicians as directed by the state government. |
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(9) "Member state" means a state that has enacted the |
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compact. |
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(10) "Offense" means a felony, gross misdemeanor, or |
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crime of moral turpitude. |
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(11) "Physician" means any person who: |
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(A) is a graduate of a medical school accredited |
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by the Liaison Committee on Medical Education, the Commission on |
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Osteopathic College Accreditation, or a medical school listed in |
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the International Medical Education Directory or its equivalent; |
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(B) passed each component of the United States |
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Medical Licensing Examination (USMLE) or the Comprehensive |
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Osteopathic Medical Licensing Examination (COMLEX-USA) within |
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three attempts, or any of its predecessor examinations accepted by |
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a state medical board as an equivalent examination for licensure |
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purposes; |
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(C) successfully completed graduate medical |
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education approved by the Accreditation Council for Graduate |
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Medical Education or the American Osteopathic Association; |
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(D) holds specialty certification or a |
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time-unlimited specialty certificate recognized by the American |
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Board of Medical Specialties or the American Osteopathic |
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Association's Bureau of Osteopathic Specialists; |
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(E) possesses a full and unrestricted license to |
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engage in the practice of medicine issued by a member board; |
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(F) has never been convicted or received |
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adjudication, deferred adjudication, community supervision, or |
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deferred disposition for any offense by a court of appropriate |
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jurisdiction; |
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(G) has never held a license authorizing the |
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practice of medicine subjected to discipline by a licensing agency |
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in any state, federal, or foreign jurisdiction, excluding any |
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action related to nonpayment of fees related to a license; |
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(H) has never had a controlled substance license |
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or permit suspended or revoked by a state or the United States Drug |
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Enforcement Administration; and |
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(I) is not under active investigation by a |
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licensing agency or law enforcement authority in any state, |
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federal, or foreign jurisdiction. |
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(12) "Practice of medicine" means the clinical |
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prevention, diagnosis, or treatment of human disease, injury, or |
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condition requiring a physician to obtain and maintain a license in |
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compliance with the medical practice act of a member state. |
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(13) "Rule" means a written statement by the |
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interstate commission promulgated pursuant to Section 169.012 that |
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is of general applicability, implements, interprets, or prescribes |
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a policy or provision of the compact, or an organizational, |
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procedural, or practice requirement of the interstate commission, |
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and has the force and effect of statutory law in a member state, and |
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includes the amendment, repeal, or suspension of an existing rule. |
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(14) "State" means any state, commonwealth, district, |
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or territory of the United States. |
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(15) "State of principal license" means a member state |
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where a physician holds a license to practice medicine and that has |
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been designated as such by the physician for purposes of |
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registration and participation in the compact. |
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Sec. 169.003. ELIGIBILITY. (a) A physician must meet the |
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eligibility requirements as defined in Section 169.002(11) to |
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receive an expedited license under the terms and provisions of the |
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compact. |
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(b) A physician who does not meet the requirements of |
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Section 169.002(11) may obtain a license to practice medicine in a |
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member state if the individual complies with all laws and |
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requirements, other than the compact, relating to the issuance of a |
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license to practice medicine in that state. |
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Sec. 169.004. DESIGNATION OF STATE OF PRINCIPAL LICENSE. |
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(a) A physician shall designate a member state as the state of |
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principal license for purposes of registration for expedited |
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licensure through the compact if the physician possesses a full and |
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unrestricted license to practice medicine in that state, and the |
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state is: |
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(1) the state of primary residence for the physician; |
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(2) the state where at least 25 percent of the practice |
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of medicine occurs; |
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(3) the location of the physician's employer; or |
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(4) if no state qualifies under Subdivision (1), (2), |
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or (3), the state designated as state of residence for purpose of |
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federal income tax. |
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(b) A physician may redesignate a member state as state of |
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principal license at any time, as long as the state meets the |
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requirements in Subsection (a). |
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(c) The interstate commission is authorized to develop |
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rules to facilitate redesignation of another member state as the |
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state of principal license. |
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Sec. 169.005. APPLICATION AND ISSUANCE OF EXPEDITED |
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LICENSURE. (a) A physician seeking licensure through the compact |
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shall file an application for an expedited license with the member |
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board of the state selected by the physician as the state of |
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principal license. |
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(b) Upon receipt of an application for an expedited license, |
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the member board within the state selected as the state of principal |
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license shall evaluate whether the physician is eligible for |
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expedited licensure and issue a letter of qualification, verifying |
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or denying the physician's eligibility, to the interstate |
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commission. |
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(1) Static qualifications, which include verification |
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of medical education, graduate medical education, results of any |
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medical or licensing examination, and other qualifications as |
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determined by the interstate commission through rule, shall not be |
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subject to additional primary source verification where already |
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primary source verified by the state of principal license. |
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(2) The member board within the state selected as the |
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state of principal license shall, in the course of verifying |
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eligibility, perform a criminal background check of an applicant, |
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including the use of the results of fingerprint or other biometric |
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data checks compliant with the requirements of the Federal Bureau |
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of Investigation, with the exception of federal employees who have |
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suitability determination in accordance with 5 C.F.R. Section |
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731.202. |
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(3) Appeal on the determination of eligibility shall |
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be made to the member state where the application was filed and |
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shall be subject to the law of that state. |
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(c) Upon verification in Subsection (b), physicians |
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eligible for an expedited license shall complete the registration |
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process established by the interstate commission to receive a |
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license in a member state selected pursuant to Subsection (a), |
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including the payment of any applicable fees. |
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(d) After receiving verification of eligibility under |
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Subsection (b) and any fees under Subsection (c), a member board |
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shall issue an expedited license to the physician. This license |
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shall authorize the physician to practice medicine in the issuing |
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state consistent with the medical practice act and all applicable |
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laws and regulations of the issuing member board and member state. |
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(e) An expedited license shall be valid for a period |
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consistent with the licensure period in the member state and in the |
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same manner as required for other physicians holding a full and |
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unrestricted license within the member state. |
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(f) An expedited license obtained through the compact shall |
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be terminated if a physician fails to maintain a license in the |
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state of principal licensure for a nondisciplinary reason, without |
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redesignation of a new state of principal licensure. |
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(g) The interstate commission is authorized to develop |
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rules regarding the application process, including payment of any |
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applicable fees, and the issuance of an expedited license. |
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Sec. 169.006. FEES FOR EXPEDITED LICENSURE. (a) A member |
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state issuing an expedited license authorizing the practice of |
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medicine in that state may impose a fee for a license issued or |
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renewed through the compact. |
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(b) The interstate commission is authorized to develop |
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rules regarding fees for expedited licenses. |
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Sec. 169.007. RENEWAL AND CONTINUED PARTICIPATION. (a) A |
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physician seeking to renew an expedited license granted in a member |
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state shall complete a renewal process with the interstate |
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commission if the physician: |
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(1) maintains a full and unrestricted license in a |
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state of principal license; |
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(2) has not been convicted or received adjudication, |
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deferred adjudication, community supervision, or deferred |
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disposition for any offense by a court of appropriate jurisdiction; |
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(3) has not had a license authorizing the practice of |
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medicine subject to discipline by a licensing agency in any state, |
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federal, or foreign jurisdiction, excluding any action related to |
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nonpayment of fees related to a license; and |
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(4) has not had a controlled substance license or |
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permit suspended or revoked by a state or the United States Drug |
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Enforcement Administration. |
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(b) Physicians shall comply with all continuing |
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professional development or continuing medical education |
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requirements for renewal of a license issued by a member state. |
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(c) The interstate commission shall collect any renewal |
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fees charged for the renewal of a license and distribute the fees to |
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the applicable member board. |
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(d) Upon receipt of any renewal fees collected in Subsection |
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(c), a member board shall renew the physician's license. |
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(e) Physician information collected by the interstate |
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commission during the renewal process will be distributed to all |
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member boards. |
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(f) The interstate commission is authorized to develop |
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rules to address renewal of licenses obtained through the compact. |
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Sec. 169.008. COORDINATED INFORMATION SYSTEM. (a) The |
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interstate commission shall establish a database of all physicians |
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licensed, or who have applied for licensure, under Section 169.005. |
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(b) Notwithstanding any other provision of law, member |
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boards shall report to the interstate commission any public action |
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or complaints against a licensed physician who has applied for or |
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received an expedited license through the compact. |
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(c) Member boards shall report disciplinary or |
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investigatory information determined as necessary and proper by |
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rule of the interstate commission. |
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(d) Member boards may report any nonpublic complaint, |
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disciplinary, or investigatory information not required by |
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Subsection (c) to the interstate commission. |
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(e) Member boards shall share complaint or disciplinary |
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information about a physician upon request of another member board. |
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(f) All information provided to the interstate commission |
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or distributed by member boards shall be confidential, filed under |
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seal, and used only for investigatory or disciplinary matters. |
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(g) The interstate commission is authorized to develop |
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rules for mandated or discretionary sharing of information by |
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member boards. |
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Sec. 169.009. JOINT INVESTIGATIONS. (a) Licensure and |
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disciplinary records of physicians are considered investigative. |
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(b) In addition to the authority granted to a member board |
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by its respective medical practice act or other applicable state |
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law, a member board may participate with other member boards in |
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joint investigations of physicians licensed by the member boards. |
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(c) A subpoena issued by a member state shall be enforceable |
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in other member states. |
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(d) Member boards may share any investigative, litigation, |
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or compliance materials in furtherance of any joint or individual |
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investigation initiated under the compact. |
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(e) Any member state may investigate actual or alleged |
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violations of the statutes authorizing the practice of medicine in |
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any other member state in which a physician holds a license to |
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practice medicine. |
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Sec. 169.010. DISCIPLINARY ACTIONS. (a) Any disciplinary |
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action taken by any member board against a physician licensed |
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through the compact shall be considered unprofessional conduct |
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which may be subject to discipline by other member boards, in |
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addition to any violation of the medical practice act or |
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regulations in that state. |
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(b) If a license granted to a physician by the member board |
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in the state of principal license is revoked, surrendered or |
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relinquished in lieu of discipline, or suspended, then all licenses |
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issued to the physician by member boards shall automatically be |
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placed, without further action necessary by any member board, on |
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the same status. If the member board in the state of principal |
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license subsequently reinstates the physician's license, a license |
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issued to the physician by any other member board shall remain |
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encumbered until that respective member board takes action to |
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reinstate the license in a manner consistent with the medical |
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practice act of that state. |
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(c) If disciplinary action is taken against a physician by a |
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member board not in the state of principal license, any other member |
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board may consider the action conclusive as to matter of law and |
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fact decided, and: |
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(1) impose the same or lesser sanction against the |
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physician so long as such sanction is consistent with the medical |
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practice act of that state; or |
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(2) pursue separate disciplinary action against the |
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physician under its respective medical practice act, regardless of |
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the action taken in other member states. |
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(d) If a license granted to a physician by a member board is |
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revoked, surrendered or relinquished in lieu of discipline, or |
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suspended, then any license issued to the physician by any other |
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member board shall be suspended, automatically and immediately |
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without further action necessary by the other member board, for 90 |
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days upon entry of the order by the disciplining board, to permit |
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the member board to investigate the basis for the action under the |
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medical practice act of that state. A member board may terminate |
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the automatic suspension of the license it issued before the |
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completion of the 90-day suspension period in a manner consistent |
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with the medical practice act of that state. |
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Sec. 169.011. INTERSTATE MEDICAL LICENSURE COMPACT |
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COMMISSION. (a) The member states hereby create the Interstate |
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Medical Licensure Compact Commission. |
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(b) The purpose of the interstate commission is the |
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administration of the Interstate Medical Licensure Compact, which |
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is a discretionary state function. |
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(c) The interstate commission shall be a body corporate and |
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joint agency of the member states and shall have all the |
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responsibilities, powers, and duties set forth in the compact, and |
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such additional powers as may be conferred upon it by a subsequent |
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concurrent action of the respective legislatures of the member |
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states in accordance with the terms of the compact. |
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(d) The interstate commission shall consist of two voting |
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representatives appointed by each member state who shall serve as |
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commissioners. In states where allopathic and osteopathic |
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physicians are regulated by separate member boards, or if the |
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licensing and disciplinary authority is split between multiple |
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member boards within a member state, the member state shall appoint |
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one representative from each member board. A commissioner shall |
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be: |
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(1) an allopathic or osteopathic physician appointed |
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to a member board; |
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(2) an executive director, executive secretary, or |
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similar executive of a member board; or |
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(3) a member of the public appointed to a member board. |
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(e) The interstate commission shall meet at least once each |
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calendar year. A portion of this meeting shall be a business meeting |
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to address such matters as may properly come before the commission, |
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including the election of officers. The chairperson may call |
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additional meetings and shall call for a meeting upon the request of |
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a majority of the member states. |
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(f) The bylaws may provide for meetings of the interstate |
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commission to be conducted by telecommunication or electronic |
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communication. |
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(g) Each commissioner participating at a meeting of the |
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interstate commission is entitled to one vote. A majority of |
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commissioners shall constitute a quorum for the transaction of |
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business, unless a larger quorum is required by the bylaws of the |
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interstate commission. A commissioner shall not delegate a vote to |
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another commissioner. In the absence of its commissioner, a member |
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state may delegate voting authority for a specified meeting to |
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another person from that state who shall meet the requirements of |
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Subsection (d). |
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(h) The interstate commission shall provide public notice |
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of all meetings and all meetings shall be open to the public. The |
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interstate commission may close a meeting, in full or in portion, |
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where it determines by a two-thirds vote of the commissioners |
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present that an open meeting would be likely to: |
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(1) relate solely to the internal personnel practices |
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and procedures of the interstate commission; |
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(2) discuss matters specifically exempted from |
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disclosure by federal statute; |
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(3) discuss trade secrets or commercial or financial |
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information that is privileged or confidential; |
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(4) involve accusing a person of a crime, or formally |
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censuring a person; |
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(5) discuss information of a personal nature where |
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disclosure would constitute a clearly unwarranted invasion of |
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personal privacy; |
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(6) discuss investigative records compiled for law |
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enforcement purposes; or |
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(7) specifically relate to the participation in a |
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civil action or other legal proceeding. |
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(i) The interstate commission shall keep minutes that shall |
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fully describe all matters discussed in a meeting and shall provide |
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a full and accurate summary of actions taken, including record of |
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any roll call votes. |
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(j) The interstate commission shall make its information |
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and official records, to the extent not otherwise designated in the |
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compact or by its rules, available to the public for inspection. |
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(k) The interstate commission shall establish an executive |
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committee, which shall include officers, members, and others as |
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determined by the bylaws. The executive committee shall have the |
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power to act on behalf of the interstate commission, with the |
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exception of rulemaking, during periods when the interstate |
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commission is not in session. When acting on behalf of the |
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interstate commission, the executive committee shall oversee the |
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administration of the compact, including enforcement and |
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compliance with the provisions of the compact, its bylaws and |
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rules, and other such duties as necessary. |
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(l) The interstate commission may establish other |
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committees for governance and administration of the compact. |
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Sec. 169.012. POWERS AND DUTIES OF INTERSTATE COMMISSION. |
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The interstate commission shall have the duty and power to: |
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(1) oversee and maintain the administration of the |
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compact; |
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(2) promulgate rules that shall be binding to the |
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extent and in the manner provided for in the compact; |
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(3) issue, upon the request of a member state or member |
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board, advisory opinions concerning the meaning or interpretation |
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of the compact, its bylaws, rules, and actions; |
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(4) enforce compliance with compact provisions, the |
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rules promulgated by the interstate commission, and the bylaws, |
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using all necessary and proper means, including, but not limited |
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to, the use of judicial process; |
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(5) establish and appoint committees, including, but |
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not limited to, an executive committee as required by Section |
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169.011, which shall have the power to act on behalf of the |
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interstate commission in carrying out its powers and duties; |
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(6) pay or provide for the payment of the expenses |
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related to the establishment, organization, and ongoing activities |
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of the interstate commission; |
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(7) establish and maintain one or more offices; |
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(8) borrow, accept, hire, or contract for services of |
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personnel; |
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(9) purchase and maintain insurance and bonds; |
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(10) employ an executive director who shall have such |
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powers to employ, select, or appoint employees, agents, or |
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consultants, and to determine their qualifications, define their |
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duties, and fix their compensation; |
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(11) establish personnel policies and programs |
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relating to conflicts of interest, rates of compensation, and |
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qualifications of personnel; |
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(12) accept donations and grants of money, equipment, |
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supplies, materials and services, and receive, utilize, and dispose |
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of them in a manner consistent with the conflict-of-interest |
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policies established by the interstate commission; |
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(13) lease, purchase, accept contributions or |
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donations of, or otherwise own, hold, improve or use, any property, |
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real, personal, or mixed; |
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(14) sell, convey, mortgage, pledge, lease, exchange, |
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abandon, or otherwise dispose of any property, real, personal, or |
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mixed; |
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(15) establish a budget and make expenditures; |
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(16) adopt a seal and bylaws governing the management |
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and operation of the interstate commission; |
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(17) report annually to the legislatures and governors |
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of the member states concerning the activities of the interstate |
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commission during the preceding year, including reports of |
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financial audits and any recommendations that may have been adopted |
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by the interstate commission; |
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(18) coordinate education, training, and public |
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awareness regarding the compact, its implementation, and its |
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operation; |
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(19) maintain records in accordance with the bylaws; |
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(20) seek and obtain trademarks, copyrights, and |
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patents; and |
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(21) perform such functions as may be necessary or |
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appropriate to achieve the purposes of the compact. |
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Sec. 169.013. FINANCE POWERS. (a) The interstate |
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commission may levy on and collect an annual assessment from each |
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member state to cover the cost of the operations and activities of |
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the interstate commission and its staff. The total assessment must |
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be sufficient to cover the annual budget approved each year for |
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which revenue is not provided by other sources. The aggregate |
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annual assessment amount shall be allocated based on a formula to be |
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determined by the interstate commission, which shall promulgate a |
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rule binding upon all member states. |
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(b) The interstate commission shall not incur obligations |
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of any kind before securing the funds adequate to meet the same. |
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(c) The interstate commission shall not pledge the credit of |
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any of the member states, except by, and with the authority of, the |
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member state. |
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(d) The interstate commission shall be subject to a yearly |
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financial audit conducted by a certified or licensed public |
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accountant and the report of the audit shall be included in the |
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annual report of the interstate commission. |
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Sec. 169.014. ORGANIZATION AND OPERATION OF INTERSTATE |
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COMMISSION. (a) The interstate commission shall, by a majority of |
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commissioners present and voting, adopt bylaws to govern its |
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conduct as may be necessary or appropriate to carry out the purposes |
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of the compact within 12 months of the first interstate commission |
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meeting. |
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(b) The interstate commission shall elect or appoint |
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annually from among its commissioners a chairperson, a vice |
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chairperson, and a treasurer, each of whom shall have such |
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authority and duties as may be specified in the bylaws. The |
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chairperson, or in the chairperson's absence or disability, the |
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vice chairperson, shall preside at all meetings of the interstate |
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commission. |
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(c) Officers selected in Subsection (b) shall serve without |
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remuneration from the interstate commission. |
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(d) The officers and employees of the interstate commission |
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shall be immune from suit and liability, either personally or in |
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their official capacity, for a claim for damage to or loss of |
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property or personal injury or other civil liability caused or |
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arising out of, or relating to, an actual or alleged act, error, or |
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omission that occurred, or that such person had a reasonable basis |
|
for believing occurred, within the scope of interstate commission |
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employment, duties, or responsibilities. However, such person |
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shall not be protected from suit or liability for damage, loss, |
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injury, or liability caused by the intentional or wilful and wanton |
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misconduct of such person. |
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(e) The liability of the executive director and employees of |
|
the interstate commission or representatives of the interstate |
|
commission, acting within the scope of such persons' employment or |
|
duties for acts, errors, or omissions occurring within such |
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persons' state, may not exceed the limits of liability set forth |
|
under the constitution and laws of that state for state officials, |
|
employees, and agents. The interstate commission is considered to |
|
be an instrumentality of the states for the purposes of any such |
|
action. Nothing in this subsection shall be construed to protect |
|
such persons from suit or liability for damage, loss, injury, or |
|
liability caused by the intentional or wilful and wanton misconduct |
|
of such persons. |
|
(f) The interstate commission shall defend the executive |
|
director and its employees, and subject to the approval of the |
|
attorney general or other appropriate legal counsel of the member |
|
state represented by an interstate commission representative, |
|
shall defend such interstate commission representative in any civil |
|
action seeking to impose liability arising out of an actual or |
|
alleged act, error, or omission that occurred within the scope of |
|
interstate commission employment, duties, or responsibilities, or |
|
that the defendant had a reasonable basis for believing occurred |
|
within 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 wilful and wanton |
|
misconduct on the part of such person. |
|
(g) To the extent not covered by the state involved, the |
|
member state, or the interstate commission, the representatives or |
|
employees of the interstate commission shall be held harmless in |
|
the amount of a settlement or judgment, including attorney'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 employment, duties, or |
|
responsibilities, provided that the actual or alleged act, error, |
|
or omission did not result from intentional or wilful and wanton |
|
misconduct on the part of such persons. |
|
Sec. 169.015. RULEMAKING FUNCTIONS OF INTERSTATE |
|
COMMISSION. (a) 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. |
|
(b) Rules considered appropriate for the operations of the |
|
interstate commission shall be made pursuant to a rulemaking |
|
process that substantially conforms to the Revised Model State |
|
Administrative Procedure Act of 2010, and subsequent amendments |
|
thereto. |
|
(c) Not later than 30 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 commission. |
|
Sec. 169.016. OVERSIGHT OF INTERSTATE COMPACT. (a) The |
|
executive, legislative, and judicial branches of state government |
|
in each member state shall enforce the compact and shall take all |
|
actions necessary and 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 authority to regulate the |
|
practice of medicine. |
|
(b) All courts shall take judicial notice of the compact and |
|
the rules in any judicial or administrative proceeding in a member |
|
state pertaining to the subject matter of the compact that may |
|
affect the powers, responsibilities, or actions of the interstate |
|
commission. |
|
(c) 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 process to the interstate commission shall |
|
render a judgment or order void as to the interstate commission, the |
|
compact, or promulgated rules. |
|
Sec. 169.017. ENFORCEMENT OF INTERSTATE COMPACT. (a) The |
|
interstate commission, in the reasonable exercise of its |
|
discretion, shall enforce the provisions and rules of the compact. |
|
(b) The interstate commission may, by majority vote of the |
|
commissioners, initiate legal action in the United States District |
|
Court for the District of Columbia, or, at the discretion of the |
|
interstate commission, in the federal district where the interstate |
|
commission has its principal 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. |
|
(c) 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. |
|
Sec. 169.018. DEFAULT PROCEDURES. (a) The grounds for |
|
default include, but are not limited to, failure of a member state |
|
to perform such obligations or responsibilities imposed upon it by |
|
the compact, or the rules and bylaws of the interstate commission |
|
promulgated under the compact. |
|
(b) 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 provide: |
|
(1) 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 and in |
|
which the interstate commission specifies the conditions by which |
|
the defaulting state must cure its default; and |
|
(2) remedial training and specific technical |
|
assistance regarding the default. |
|
(c) If the defaulting state fails to cure the default, the |
|
defaulting state shall be terminated from the compact upon an |
|
affirmative vote of a majority of the commissioners and all rights, |
|
privileges, and benefits conferred by the compact shall terminate |
|
on the effective date of termination. A cure of the default does not |
|
relieve the offending state of obligations or liabilities incurred |
|
during the period of the default. |
|
(d) Termination of membership in the compact shall be |
|
imposed only after all other means of securing compliance have been |
|
exhausted. Notice of intent to terminate shall be given by the |
|
interstate commission to the governor, the majority and minority |
|
leaders of the defaulting state's legislature, and each of the |
|
member states. |
|
(e) The interstate commission shall establish rules and |
|
procedures to address licenses and physicians that are materially |
|
impacted by the termination of a member state, or the withdrawal of |
|
a member state. |
|
(f) The member state that has been terminated is responsible |
|
for all dues, obligations, and liabilities incurred through the |
|
effective date of termination, including obligations, the |
|
performance of which extends beyond the effective date of |
|
termination. |
|
(g) The interstate commission shall not bear any costs |
|
relating to any state has been found to be in default or that has |
|
been terminated from the compact, unless otherwise mutually agreed |
|
upon in writing between the interstate commission and the |
|
defaulting state. |
|
(h) The defaulting state may appeal the action of the |
|
interstate commission by petitioning the United States District |
|
Court for the District of Columbia or the federal district where the |
|
interstate commission has its principal offices. The prevailing |
|
party shall be awarded all costs of such litigation, including |
|
reasonable attorney's fees. |
|
Sec. 169.019. DISPUTE RESOLUTION. (a) The interstate |
|
commission shall attempt, upon the request of a member state, to |
|
resolve disputes which are subject to the compact and that may arise |
|
among member states or member boards. |
|
(b) The interstate commission shall promulgate rules |
|
providing for both mediation and binding dispute resolution as |
|
appropriate. |
|
Sec. 169.020. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. |
|
(a) Any state is eligible to become a member state of the compact. |
|
(b) The compact shall become effective and binding upon |
|
legislative enactment of the compact into law by no less than seven |
|
states. Thereafter, it shall become effective and binding on a |
|
state upon enactment of the compact into law by that state. |
|
(c) The governors of nonmember states, or their designees, |
|
shall be invited to participate in the activities of the interstate |
|
commission on a nonvoting basis before adoption of the compact by |
|
all states. |
|
(d) 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. |
|
Sec. 169.021. WITHDRAWAL. (a) Once effective, the compact |
|
shall continue in force and remain binding upon each and every |
|
member state. A member state may withdraw from the compact by |
|
specifically repealing the statute that enacted the compact into |
|
law. |
|
(b) 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 withdrawal has been given by the withdrawing state to |
|
the governor of each other member state. |
|
(c) The withdrawing state shall immediately notify the |
|
chairperson of the interstate commission in writing upon the |
|
introduction of legislation repealing the compact in the |
|
withdrawing state. |
|
(d) The interstate commission shall notify the other member |
|
states of the withdrawing state's intent to withdraw within 60 days |
|
of its receipt of notice provided under Subsection (c). |
|
(e) The withdrawing state is responsible for all dues, |
|
obligations, and liabilities incurred through the effective date of |
|
withdrawal, including obligations, the performance of which extend |
|
beyond the effective date of withdrawal. |
|
(f) Reinstatement following withdrawal of a member state |
|
shall occur upon the withdrawing state reenacting the compact or |
|
upon such later date as determined by the interstate commission. |
|
(g) The interstate commission is authorized to develop |
|
rules to address the impact of the withdrawal of a member state on |
|
licenses granted in other member states to physicians who |
|
designated the withdrawing member state as the state of principal |
|
license. |
|
Sec. 169.022. DISSOLUTION. (a) The compact shall dissolve |
|
effective upon the date of the withdrawal or default of the member |
|
state that reduces the membership in the compact to one member |
|
state. |
|
(b) 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. |
|
Sec. 169.023. SEVERABILITY AND CONSTRUCTION. (a) The |
|
provisions of the compact shall be severable, and if any phrase, |
|
clause, sentence, or provision is considered unenforceable, the |
|
remaining provisions of the compact shall be enforceable. |
|
(b) The provisions of the compact shall be liberally |
|
construed to effectuate its purposes. |
|
(c) Nothing in the compact shall be construed to prohibit |
|
the applicability of other interstate compacts to which the states |
|
are members. |
|
Sec. 169.024. BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) |
|
Nothing herein prevents the enforcement of any other law of a member |
|
state that is not inconsistent with the compact. |
|
(b) All laws in a member state in conflict with the compact |
|
are superseded to the extent of the conflict. |
|
(c) All lawful actions of the interstate commission, |
|
including all rules and bylaws promulgated by the commission, are |
|
binding upon the member states. |
|
(d) All agreements between the interstate commission and |
|
the member states are binding in accordance with their terms. |
|
(e) In the event any provision of the compact exceeds the |
|
constitutional limits imposed on the legislature of any member |
|
state, such provision shall be ineffective to the extent of the |
|
conflict with the constitutional provision in question in that |
|
member state. |
|
SECTION 2. This Act takes effect September 1, 2015. |