HF 321

as introduced - 89th Legislature (2015 - 2016) Posted on 05/04/2015 03:44pm

A bill for an act
relating to health occupations; providing for an interstate medical licensure
compact project; proposing coding for new law in Minnesota Statutes, chapter
147.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [147.38] INTERSTATE MEDICAL LICENSURE COMPACT.
new text end

new text begin The Interstate Medical Licensure Compact is enacted into law and entered into with
all other jurisdictions legally joining in it, in the form substantially as follows:
new text end

new text begin ARTICLE 1
new text end

new text begin PURPOSE
new text end

new text begin 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, and provides a
streamlined process that allows physicians to become licensed in multiple 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
licensure and affirms that the practice of medicine occurs where the patient is located
at the time of the physician-patient encounter, and therefore requires the physician to
be under the jurisdiction of the state medical board where the patient is located. State
medical boards that participate in the compact retain the jurisdiction to impose an adverse
action against a license to practice medicine in that state issued to a physician through
the procedures in the compact.
new text end

new text begin ARTICLE 2
new text end

new text begin DEFINITIONS
new text end

new text begin (a) "Bylaws" means those bylaws established by the Interstate Commission pursuant
to article 11 for its governance, or for directing and controlling its actions and conduct.
new text end

new text begin (b) "Commissioner" means the voting representative appointed by each member
board pursuant to article 11.
new text end

new text begin (c) "Conviction" means a finding by a court that an individual is guilty of a criminal
offense through adjudication, or entry of a plea of guilt or no contest to the charge by the
offender. Evidence of an entry of a conviction of a criminal offense by the court shall be
considered final for purposes of disciplinary action by a member board.
new text end

new text begin (d) "Expedited license" means a full and unrestricted medical license granted by a
member state to an eligible physician through the process set forth in the compact.
new text end

new text begin (e) "Interstate Commission" means the Interstate Commission created pursuant to
article 11.
new text end

new text begin (f) "License" means authorization by a state for a physician to engage in the practice
of medicine that would be unlawful without the authorization.
new text end

new text begin (g) "Medical Practice Act" means laws and regulations governing the practice of
allopathic and osteopathic medicine within a member state.
new text end

new text begin (h) "Member board" means a state agency in a member state that acts in the
sovereign interests of the state by protecting the public through licensure, regulation, and
education of physicians as directed by the state government.
new text end

new text begin (i) "Member state" means a state that has enacted the compact.
new text end

new text begin (j) "Practice of medicine" means the clinical prevention, diagnosis, or treatment of
human disease, injury, or condition requiring a physician to obtain and maintain a license
in compliance with the Medical Practice Act of a member state.
new text end

new text begin (k) "Physician" means any person who:
new text end

new text begin (1) is a graduate of a medical school accredited by the Liaison Committee on
Medical Education, the Commission on Osteopathic College Accreditation, or a medical
school listed in the International Medical Education Directory or its equivalent;
new text end

new text begin (2) passed each component of the United States Medical Licensing Examination
(USMLE) or the Comprehensive Osteopathic Medical Licensing Examination
(COMLEX-USA) within three attempts, or any of its predecessor examinations accepted
by a state medical board as an equivalent examination for licensure purposes;
new text end

new text begin (3) successfully completed graduate medical education approved by the Accreditation
Council for Graduate Medical Education or the American Osteopathic Association;
new text end

new text begin (4) 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 Specialists;
new text end

new text begin (5) possesses a full and unrestricted license to engage in the practice of medicine
issued by a member board;
new text end

new text begin (6) has never been convicted, received adjudication, deferred adjudication, received
community supervision, or deferred disposition for any offense by a court of appropriate
jurisdiction;
new text end

new text begin (7) has never held a license authorizing the practice of medicine subjected to
discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any
action related to nonpayment of fees related to a license;
new text end

new text begin (8) has never had a controlled substance license or permit suspended or revoked by a
state or the United States Drug Enforcement Administration; and
new text end

new text begin (9) is not under active investigation by a licensing agency or law enforcement
authority in any state, federal, or foreign jurisdiction.
new text end

new text begin (l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
new text end

new text begin (m) "Rule" means a written statement by the Interstate Commission promulgated
pursuant to article 12 of the compact that is of general applicability, and implements,
interprets, or prescribes a policy or provision of the compact, or is an organizational,
procedural, or practice requirement of the Interstate Commission, and has the force
and effect of statutory law in a member state, and includes the amendment, repeal, or
suspension of an existing rule.
new text end

new text begin (n) "State" means any state, commonwealth, district, or territory of the United States.
new text end

new text begin (o) "State of principal license" means a member state where a physician holds a
license to practice medicine and has been designated as such by the physician for purposes
of registration and participation in the compact.
new text end

new text begin ARTICLE 3
new text end

new text begin ELIGIBILITY
new text end

new text begin (a) A physician must meet the eligibility requirements as defined in article 2 to
receive an expedited license under the terms and provisions of the compact.
new text end

new text begin (b) An individual who does not meet the requirements of article 2 may obtain a
license to practice medicine in a member state if the individual complies with all laws
and requirements, other than the compact, relating to the issuance of a license to practice
medicine in that state.
new text end

new text begin ARTICLE 4
new text end

new text begin DESIGNATION OF STATE OF PRINCIPAL LICENSE
new text end

new text begin (a) A physician shall designate a member state as the state of principal license for
purposes of registration for expedited licensure through the compact if the physician
possesses a full and unrestricted license to practice medicine in that state, and the state is:
new text end

new text begin (1) the state of primary residence for the physician;
new text end

new text begin (2) the state where at least 25 percent of the physician's practice of medicine occurs;
new text end

new text begin (3) the location of the physician's employer; or
new text end

new text begin (4) if no state qualifies under clause (1), (2), or (3), the state designated as the
physician's state of residence for purposes of federal income tax.
new text end

new text begin (b) A physician may redesignate a member state as the state of principal license at
any time, as long as the state meets the requirements in paragraph (a).
new text end

new text begin (c) The Interstate Commission is authorized to develop rules to facilitate
redesignation of another member state as the state of principal license.
new text end

new text begin ARTICLE 5
new text end

new text begin APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE
new text end

new text begin (a) A physician seeking licensure through the compact in a selected member state
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.
new text end

new text begin (b) 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.
new text end

new text begin Static qualifications, which include verification of medical education, graduate
medical education, results of any medical or licensing examination, and other qualifications
as determined by the Interstate Commission through rule, shall not be subject to additional
primary source verification if already verified by the state of principal license.
new text end

new text begin The member board within the state selected as the state of principal license shall, in
the course of verifying eligibility, perform a criminal background check of an applicant,
including the use of the results of fingerprint or other biometric data checks compliant
with the requirements of the Federal Bureau of Investigation, with the exception of
federal employees who have suitability determination in accordance with Code of Federal
Regulations, section 731.202.
new text end

new text begin An 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.
new text end

new text begin (c) Upon verification in paragraph (b), physicians eligible for an expedited license
shall complete the registration process established by the Interstate Commission to receive
a license in a member state selected pursuant to paragraph (a), including the payment of
any applicable fees.
new text end

new text begin (d) After receiving verification of eligibility under paragraph (b) and any fees under
paragraph (c), a member board shall issue an expedited license to the physician. This
license shall authorize the physician to practice medicine in the issuing state consistent
with the Medical Practice Act and all applicable laws and regulations of the issuing
member board and member state.
new text end

new text begin (e) An expedited license shall be valid for a period consistent with the licensure
period in the member state and in the same manner as required for other physicians
holding a full and unrestricted license within the member state.
new text end

new text begin (f) An expedited license obtained though the compact shall be terminated if a
physician fails to maintain a license in the state of principal licensure for a nondisciplinary
reason, without redesignation of a new state of principal licensure.
new text end

new text begin (g) The Interstate Commission is authorized to develop rules regarding the application
process, including payment of any applicable fees, and the issuance of an expedited license.
new text end

new text begin ARTICLE 6
new text end

new text begin FEES FOR EXPEDITED LICENSURE
new text end

new text begin (a) A member state issuing an expedited license authorizing the practice of medicine
in that state may impose a fee for a license issued or renewed through the compact.
new text end

new text begin (b) The Interstate Commission is authorized to develop rules regarding fees for
expedited licenses.
new text end

new text begin ARTICLE 7
new text end

new text begin RENEWAL AND CONTINUED PARTICIPATION
new text end

new text begin (a) A physician seeking to renew an expedited license granted in a member state
shall complete a renewal process with the Interstate Commission if the physician:
new text end

new text begin (1) maintains a full and unrestricted license in a state of principal license;
new text end

new text begin (2) has never been convicted, received adjudication, deferred adjudication, received
community supervision, or deferred disposition for any offense by a court of appropriate
jurisdiction;
new text end

new text begin (3) has not had a license authorizing the practice of medicine subject to discipline
by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action
related to nonpayment of fees related to a license; and
new text end

new text begin (4) has not had a controlled substance license or permit suspended or revoked by a
state or the United States Drug Enforcement Administration.
new text end

new text begin (b) Physicians shall comply with all continuing professional development or
continuing medical education requirements for renewal of a license issued by a member
state.
new text end

new text begin (c) The Interstate Commission shall collect any renewal fees charged for the renewal
of a license and distribute the fees to the applicable member board.
new text end

new text begin (d) Upon receipt of any renewal fees collected in paragraph (c), a member board
shall renew the physician's license.
new text end

new text begin (e) Physician information collected by the Interstate Commission during the renewal
process will be distributed to all member boards.
new text end

new text begin (f) The Interstate Commission is authorized to develop rules to address renewal
of licenses obtained through the compact.
new text end

new text begin ARTICLE 8
new text end

new text begin COORDINATED INFORMATION SYSTEM
new text end

new text begin (a) The Interstate Commission shall establish a database of all licensed physicians,
or those physicians who have applied for licensure, under article 5.
new text end

new text begin (b) 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 for or received an expedited license through the compact.
new text end

new text begin (c) Member boards shall report disciplinary or investigatory information determined
as necessary and proper by rule of the Interstate Commission.
new text end

new text begin (d) Member boards may report any nonpublic complaint or disciplinary or
investigatory information not required by paragraph (c) to the Interstate Commission.
new text end

new text begin (e) Member boards shall share complaint or disciplinary information about a
physician upon request of another member board.
new text end

new text begin (f) All information provided to the Interstate Commission or distributed by
member boards shall be confidential, filed under seal, and used only for investigatory
or disciplinary matters.
new text end

new text begin (g) The Interstate Commission is authorized to develop rules for mandated or
discretionary sharing of information by member boards.
new text end

new text begin ARTICLE 9
new text end

new text begin JOINT INVESTIGATIONS
new text end

new text begin (a) Licensure and disciplinary records of physicians are deemed investigative.
new text end

new text begin (b) In addition to the authority granted to a member board by its respective Medical
Practice Act or other applicable state law, a member board may participate with other
member boards in joint investigations of physicians licensed by the member boards.
new text end

new text begin (c) A subpoena issued by a member state shall be enforceable in other member states.
new text end

new text begin (d) Member boards may share any investigative, litigation, or compliance materials
in furtherance of any joint or individual investigation initiated under the compact.
new text end

new text begin (e) 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.
new text end

new text begin ARTICLE 10
new text end

new text begin DISCIPLINARY ACTIONS
new text end

new text begin (a) Any disciplinary action taken by any member board against a physician licensed
through the compact shall be deemed unprofessional conduct that may be subject to
discipline by other member boards, in addition to any violation of the Medical Practice
Act or regulations in that state.
new text end

new text begin (b) If a license granted to a physician by the member board in the state of principal
license is revoked, surrendered, relinquished in lieu of discipline, or suspended, then all
licenses issued to the physician by member boards shall automatically be placed, without
further action necessary by any member board, on the same status. If the member board
in the state of principal license subsequently reinstates the physician's license, a license
issued to the physician by any other member board shall remain encumbered until that
respective member board takes action to reinstate the license in a manner consistent with
the Medical Practice Act of that state.
new text end

new text begin (c) If a license granted to a physician by a member board is revoked, surrendered,
relinquished in lieu of discipline, or suspended by a member board that is not the state of
the principal, then any licenses issued to the physician by any other member boards shall
be suspended automatically and immediately without further action necessary by the other
member boards for 90 days upon entry of the order by the disciplining board, to permit
the member boards to investigate the basis for the action under the Medical Practice Act
of that state. A member board may terminate the automatic suspension of the license it
issued prior to the completion of the 90-day suspension period in a manner consistent
with the Medical Practice Act of that state.
new text end

new text begin (d) If disciplinary action other than a license being revoked, surrendered, or
relinquished in lieu of discipline or suspension is taken against a physician by a member
board, any other member board may deem the action conclusive as to matter of law and
fact decided, and:
new text end

new text begin (1) impose the same or lesser sanctions against the physician so long as such
sanctions are consistent with the Medical Practice Act of that state; or
new text end

new text begin (2) pursue separate disciplinary action against the physician under its respective
Medical Practice Act, regardless of the action taken in other member states.
new text end

new text begin ARTICLE 11
new text end

new text begin INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION
new text end

new text begin (a) The member states hereby create the "Interstate Medical Licensure Compact
Commission."
new text end

new text begin (b) The purpose of the Interstate Commission is the administration of the Interstate
Medical Licensure Compact, which is a discretionary state function.
new text end

new text begin (c) The Interstate Commission shall be a body corporate and joint agency of the
member states and shall have all the responsibilities, powers, and duties set forth in
the compact, and any 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.
new text end

new text begin (d) The Interstate Commission shall consist of two voting representatives appointed
by each member state who shall serve as commissioners. In states where allopathic and
osteopathic physicians are regulated by separate member boards, or if the licensing and
disciplinary authority is split between multiple member boards within a member state, the
member state shall appoint one representative from each member board. A commissioner
shall be:
new text end

new text begin (1) an allopathic or osteopathic physician appointed to a member board;
new text end

new text begin (2) an executive director, executive secretary, or similar executive of a member
board; or
new text end

new text begin (3) a member of the public appointed to a member board.
new text end

new text begin (e) The Interstate Commission shall meet at least once each calendar year. A portion
of this meeting shall be a business meeting to address such matters as may properly
come before the commission, including the election of officers. The chairperson may
call additional meetings and shall call for a meeting upon the request of a majority of
the member states.
new text end

new text begin (f) The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunications or electronic communications.
new text end

new text begin (g) Each commissioner participating at a meeting of the Interstate Commission
is entitled to one vote. A majority of commissioners shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the Interstate
Commission. A commissioner shall not delegate a vote to another commissioner. In the
absence of 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 paragraph (d).
new text end

new text begin (h) The Interstate Commission shall provide public notice of all meetings which
shall be open to the public. The Interstate Commission may close a meeting, in full or
in part, where it determines by a two-thirds vote of the commissioners present that an
open meeting would be likely to:
new text end

new text begin (1) relate solely to the internal personnel practices and procedures of the Interstate
Commission;
new text end

new text begin (2) discuss matters specifically exempted from disclosure by federal statute;
new text end

new text begin (3) discuss trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin (4) involve accusing a person of a crime, or formally censuring a person;
new text end

new text begin (5) discuss information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (6) discuss investigative records compiled for law enforcement purposes; or
new text end

new text begin (7) specifically relate to the participation in a civil action or other legal proceeding.
new text end

new text begin (i) The Interstate Commission shall keep minutes that fully describe all matters
discussed in the meeting and shall provide a full and accurate summary of actions taken,
including a record of any roll call votes.
new text end

new text begin (j) 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.
new text end

new text begin (k) 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
oversee the administration of the compact, including enforcement and compliance with
the provisions of the compact, its bylaws and rules, and other such duties as necessary.
new text end

new text begin (l) The Interstate Commission may establish other committees for governance and
administration of the compact.
new text end

new text begin ARTICLE 12
new text end

new text begin POWERS AND DUTIES OF THE INTERSTATE COMMISSION
new text end

new text begin The Interstate Commission shall have the duty and power to:
new text end

new text begin (1) oversee and maintain the administration of the compact;
new text end

new text begin (2) promulgate rules which shall be binding to the extent and in the manner provided
for in the compact;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (5) establish and appoint committees, including, but not limited to, an executive
committee as required by article 11, which shall have the power to act on behalf of the
Interstate Commission in carrying out its powers and duties;
new text end

new text begin (6) pay or provide for the payment of the expenses related to the establishment,
organization, and ongoing activities of the Interstate Commission;
new text end

new text begin (7) establish and maintain one or more offices;
new text end

new text begin (8) borrow, accept, hire, or contract for services of personnel;
new text end

new text begin (9) purchase and maintain insurance and bonds;
new text end

new text begin (10) employ an executive director who shall employ, select or appoint employees,
agents, or consultants, and determine their qualifications, define their duties, and fix their
compensation;
new text end

new text begin (11) establish personnel policies and programs relating to conflicts of interest, rates
of compensation, and qualifications of personnel;
new text end

new text begin (12) accept donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of them in a manner consistent with the
conflict of interest policies established by the Interstate Commission;
new text end

new text begin (13) lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve or use, any property, real, personal, or mixed;
new text end

new text begin (14) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed;
new text end

new text begin (15) establish a budget and make expenditures;
new text end

new text begin (16) adopt a seal and bylaws governing the management and operation of the
Interstate Commission;
new text end

new text begin (17) report annually to the legislatures and governors of the member states
concerning the activities of the Interstate Commission during the preceding year. The
reports shall also include reports of financial audits and any recommendations that may
have been adopted by the Interstate Commission;
new text end

new text begin (18) coordinate education, training, and public awareness regarding the compact, its
implementation, and its operation;
new text end

new text begin (19) maintain records in accordance with the bylaws;
new text end

new text begin (20) seek and obtain trademarks, copyrights, and patents; and
new text end

new text begin (21) perform such functions as may be necessary or appropriate to achieve the
purposes of the compact.
new text end

new text begin ARTICLE 13
new text end

new text begin FINANCE POWERS
new text end

new text begin (a) The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff. The total assessment must be sufficient to cover the annual
budget approved each year for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated upon a formula to be determined by
the Interstate Commission, which shall promulgate a rule binding upon all member states.
new text end

new text begin (b) The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same.
new text end

new text begin (c) The Interstate Commission shall not pledge the credit of any of the member
states, except by, and with the authority of, the member state.
new text end

new text begin (d) 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 Interstate Commission.
new text end

new text begin ARTICLE 14
new text end

new text begin ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
new text end

new text begin (a) 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 12 months of the first Interstate Commission meeting.
new text end

new text begin (b) The Interstate Commission shall elect or appoint annually from among its
commissioners a chairperson, a vice chairperson, and a treasurer, each of whom shall have
such authority and duties as may be specified 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.
new text end

new text begin (c) Officers selected in paragraph (b) shall serve without remuneration from the
Interstate Commission.
new text end

new text begin (d) The officers and employees of the Interstate Commission shall be immune from
suit and liability, either personally or in their official capacity, for a claim for damages
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 the person
had a reasonable basis for believing occurred, within the scope of Interstate Commission
employment, duties, or responsibilities; provided that the 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 the person.
new text end

new text begin (e) The liability of the executive director and employees of the Interstate Commission
or representatives of the Interstate Commission, acting within the scope of the person's
employment or duties for acts, errors, or omissions occurring within the person's state, may
not exceed the limits of liability set forth under the constitution and laws of that state for
state officials, employees, and agents. The Interstate Commission is considered to be an
instrumentality of the states for the 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 the person.
new text end

new text begin (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 the
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 willful and wanton misconduct on the part of the person.
new text end

new text begin (g) To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be
held harmless in the amount of a settlement or judgment, including attorney fees and
costs, obtained against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
new text end

new text begin ARTICLE 15
new text end

new text begin RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
new text end

new text begin (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.
new text end

new text begin (b) Rules deemed appropriate for the operations of the Interstate Commission shall
be made pursuant to a rulemaking process that substantially conforms to the Model State
Administrative Procedure Act of 2010, and subsequent amendments thereto.
new text end

new text begin (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.
new text end

new text begin ARTICLE 16
new text end

new text begin OVERSIGHT OF INTERSTATE COMPACT
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE 17
new text end

new text begin ENFORCEMENT OF INTERSTATE COMPACT
new text end

new text begin (a) The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of the compact.
new text end

new text begin (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 fees.
new text end

new text begin (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.
new text end

new text begin ARTICLE 18
new text end

new text begin DEFAULT PROCEDURES
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) provide written notice to the defaulting state and other member states of the
nature of the default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default; and
new text end

new text begin (2) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (g) The Interstate Commission shall not bear any costs relating to any state that
has been found to be in default or that has been terminated from the compact, unless
otherwise mutually agreed upon in writing between the Interstate Commission and the
defaulting state.
new text end

new text begin (h) The defaulting state may appeal the action of the Interstate Commission by
petitioning the United States District Court for the District of Columbia or the federal
district where the Interstate Commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation, including reasonable attorney fees.
new text end

new text begin ARTICLE 19
new text end

new text begin DISPUTE RESOLUTION
new text end

new text begin (a) The Interstate Commission shall attempt, upon the request of a member state,
to resolve disputes that are subject to the compact and that may arise among member
states or member boards.
new text end

new text begin (b) The Interstate Commission shall promulgate rules providing for both mediation
and binding dispute resolution as appropriate.
new text end

new text begin ARTICLE 20
new text end

new text begin MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
new text end

new text begin (a) Any state is eligible to become a member state of the compact.
new text end

new text begin (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.
new text end

new text begin (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 prior to
adoption of the compact by all states.
new text end

new text begin (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.
new text end

new text begin ARTICLE 21
new text end

new text begin WITHDRAWAL
new text end

new text begin (a) 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 paragraph (c).
new text end

new text begin (e) The withdrawing state is responsible for all dues, obligations, and liabilities
incurred through the effective date of withdrawal, including obligations, and the
performance of which extend beyond the effective date of withdrawal.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE 22
new text end

new text begin DISSOLUTION
new text end

new text begin (a) The compact shall dissolve effective upon the date of the withdrawal or default
of a member state, that reduces the membership in the compact to one member state.
new text end

new text begin (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.
new text end

new text begin ARTICLE 23
new text end

new text begin SEVERABILITY AND CONSTRUCTION
new text end

new text begin (a) 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.
new text end

new text begin (b) The provisions of the compact shall be liberally construed to effectuate its
purposes.
new text end

new text begin (c) Nothing in the compact shall be construed to prohibit the applicability of other
interstate compacts to which the states are members.
new text end

new text begin ARTICLE 24
new text end

new text begin BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin (a) Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with the compact.
new text end

new text begin (b) All laws in a member state in conflict with the compact are superseded to the
extent of the conflict.
new text end

new text begin (c) All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the commission, are binding upon the member states.
new text end

new text begin (d) All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
new text end

new text begin (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.
new text end

Sec. 2.

new text begin [147.381] APPLICATION OF INTERSTATE MEDICAL LICENSURE
COMPACT TO EXISTING LAWS.
new text end

new text begin (a) Uniform rules developed by the Interstate Commission established under section
147.38 shall not be subject to the provisions of sections 14.05 to 14.389.
new text end

new text begin (b) Complaints against physicians licensed in Minnesota under the expedited
licensure process in section 147.38 shall be handled as provided in sections 214.10 and
214.103.
new text end

new text begin (c) All provisions of section 147.38 authorizing or requiring the board to provide data
to the Interstate Commission are authorized by section 214.10, subdivision 8, paragraph (d).
new text end

new text begin (d) The provisions of sections 214.17 to 214.25 apply to physicians licensed in
Minnesota through the provisions of section 147.38 when the practice involves direct
physical contact between the physician and a patient.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective upon the adoption of the Interstate Medical Licensure
Compact by at least six other states, but no sooner than July 1, 2015.
new text end