podiatric licensure compact

HB2438 - 572R - H Ver

House Engrossed

podiatric licensure
compact

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2438

AN
ACT

Amending title 32, chapter 7, Arizona
Revised Statutes, by adding article 5; relating to the state board of podiatry
examiners.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 7, Arizona Revised
Statutes, is amended by adding article 5, to read:

ARTICLE
5. PODIATRIC MEDICAL LICENSURE COMPACT

START_STATUTE
32-881.

Podiatric medical licensure compact

The podiatric medical licensure compact is
adopted and enacted into law as follows:

Section 1. PURPOSE

In order to strengthen access to health care,
and in recognition of the advances in the delivery in health care, the member
states of the interstate podiatric medical licensure compact have allied in
common purpose to develop a comprehensive process that complements the existing
licensing and regulatory authority of state podiatric medical boards, provides
a streamlined process that allows podiatric physicians to become licensed in
multiple states, thereby enhancing the portability of a podiatric medical
license and ensuring the safety of patients. The compact creates
another pathway for licensure and does not otherwise change a state's existing
podiatric medical practice act. The compact also adopts the
prevailing standard for licensure and affirms that the practice of podiatric
medicine occurs where the patient is located at the time of the podiatric
physician-patient encounter, and therefore, requires the podiatric physician to
be under the jurisdiction of the state podiatric medical board where the
patient is located.� State podiatric medical boards that participate in the
compact retain the jurisdiction to impose an adverse action against a license
to practice podiatric medicine in that state issued to a podiatric physician
through the procedures in the compact.

SECTION 2. DEFINITIONS

In this compact:

1. "Bylaws" means those
bylaws established by the interstate commission pursuant to section 11 of this
compact.

2. "Commissioner" means the
voting representative appointed by each member board pursuant to section 11 of
this compact.

3. "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 conviction of a criminal offense by the
court shall be considered final for the purposes of disciplinary action by a
member board.

4. "Criminal background
check" means a federal bureau of investigation biometric based federal
criminal records check information report obtained by a member board from the
authorized state agency for the exclusive purpose of determining eligibility
for certification of qualification that would allow for an expedited license.

5. "Expedited license"
means a full unrestricted podiatric medical license granted by a member state
to an eligible podiatric physician through the process set forth in this
compact.

6. "Federal criminal records
check information" means any information obtained by a member board from
the federal bureau of investigation relating to a federal criminal records
check performed by a member board under Public Law 92-544.

7. "Interstate commission"
means the interstate commission established pursuant to section 11 of this
compact.

8. "License" means
authorization by a member state for a podiatric physician to engage in the
practice of podiatric medicine, which would be unlawful without authorization.

9. "Member board" means a
state agency in a member state that acts in the sovereign interest of the state
by protecting the public through licensure, regulation and education of
podiatric physicians as directed by the state government.

10. "Member state" means a
state that has enacted this Compact.

11. "Offense" means a
felony, a gross misdemeanor or a misdemeanor related to the practice of
podiatric medicine.

12. "Podiatric medical practice
act" means laws and regulations governing the practice of podiatric
medicine within a member state.

13. "Podiatric physician"
means any person who:

(
a
) Is a
graduate of a podiatric medical school accredited by the council on podiatric
medical education.

(
b
) Passed
parts I, II, and III (PMLexis) of the national board of podiatric medical
examiners' (NBPME)/American podiatric medical licensing examination (APMLE), or
their NBPME/APMLE recognized replacement examinations.

(
c
) Successfully
completed a podiatric residency program approved by the council on podiatric
medical education.

(
d
) Holds
specialty certification from a specialty board recognized by the council on
podiatric medical education.

(
e
) Possesses a
full and unrestricted license to engage in the practice of podiatric medicine
issued by a member board.

(
f
) Has never
been convicted or received adjudication, deferred adjudication, community
supervision or deferred disposition for any offense by a court of appropriate
jurisdiction.

(
g
) Has never
held a license authorizing the practice of podiatric medicine subjected to
discipline by a licensing agency in any state, federal or foreign jurisdiction,
excluding any action related to the nonpayment of fees related to a license.

(
h
) Has never
had a controlled substance license or permit suspended or revoked by a state or
the United States drug enforcement administration or voluntarily surrendered
such a license after notification of investigation.

(
i
) Is not
under active investigation by a licensing agency or law enforcement authority
in any state, federal or foreign jurisdiction.

14. "Practice of podiatric
medicine" means that clinical prevention, diagnosis or treatment of human
disease, injury or conditions requiring a podiatric physician to obtain and
maintain a license in compliance with the podiatric medical practice act of a
member state.

15. "Rule" means a written
statement by the interstate commission adopted pursuant to section 12 of this
compact that is of general applicability, that implements, interprets or
prescribes a policy or provision of this compact, or an organizational,
procedural or practice requirement of the interstate commission, and that has
the force and effect of statutory law in a member state, and includes the
amendment, repeal or suspension of an existing rule.

16. "State" means any
state, commonwealth, district or territory of the United States.

17. "State of principal
license" means a member state where a podiatric physician holds a license
to practice podiatric medicine and that has been designated by the podiatric
physician for the purposes of registration and participation in this compact.

SECTION 3. ELIGIBILITY

A. A podiatric physician must meet
the eligibility requirements to receive an expedited license under the terms
and provisions of this compact.

B. A podiatric physician who does not
meet the requirements of section 2, paragraph 13 of this compact may obtain a
license to practice podiatric medicine in a member state if the individual
complies with all laws and requirements, other than this compact, relating to
the issuance of a license to practice podiatric medicine in that state.

SECTION 4. DESIGNATION
OF STATE OF PRINCIPAL LICENSE

A. A podiatric physician shall
designate a member state as the state of principal license for the purposes of
registration for expedited licensure through this compact if the podiatric
physician possesses a full and unrestricted license to practice podiatric
medicine in that state and the state is one of the following:

1. The state of principal residence
for the podiatric physician.

2. The state where at least twenty-five
percent of the podiatric physician's practice of podiatric medicine occurs.

3. The location of the podiatric
physician's employer.

4. If no state qualifies under
paragraph 1, 2 or 3 of this subsection, the state designated as the podiatric
physician's state of residence for the purpose of federal income tax.

B. A podiatric physician may
redesignate a member state as state of principal license at any time as long as
the state meets the requirements of subsection A of this section.

C. The interstate commission is
authorized to develop rules to facilitate redesignation of another member state
as the state of principal license.

SECTION 5. APPLICATION
AND ISSUANCE OF EXPEDITED LICENSURE

A. A podiatric physician seeking
licensure through the compact shall file an application for an expedited
license with the member board of the state selected by the podiatric physician
as the state of principal license.

B. On 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 podiatric physician is eligible
for expedited licensure and issue a letter of qualification, verifying or
denying the podiatric physician's eligibility to, and in the manner established
through rule by, the interstate commission, as follows:

1. Static qualification, which
includes verification of podiatric medical education, podiatric graduate
medical education, results of any podiatric medical licensing examination and
other qualifications as determined by the interstate commission through rule,
are not subject to additional primary source verification where already primary
source verified by the state of principal license.

2. 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 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 5 Code
of Federal Regulations section 731.202.� Communications are as follows:

(
a
) Communication
between a member board and the interstate commission and communication between
member boards regarding the verification of eligibility in section 3 of this
compact shall not include any information received from the federal bureau of
investigation relating to a federal criminal records check performed by a
member board under Public Law 92-544, including federal criminal records check
information.

(
b
) Federal
bureau of investigation information obtained by a member board shall not be
shared with the interstate commission.

3. Appeal of 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.

C. On verification as prescribed in
subsection B of this section, a podiatric physician shall complete the
registration process established by the interstate commission to receive a
license in a member state selected pursuant to subsection A of this section and
shall pay any applicable fees.

D. After receiving verification of
eligibility as prescribed in subsection B of this section and after paying any
fees required under subsection C of this section, a member board shall issue an
expedited license to the podiatric physician.� The expedited license authorizes
the podiatric physician to practice podiatric medicine in the issuing state
consistent with the podiatric medical practice act and all applicable laws and
regulations of the issuing member board and member state.

E. An expedited license is valid for
a period consistent with the licensure period in the member state and in the
same manner as required for other podiatric physicians holding a full and
unrestricted license within the member state.

F. An expedited license obtained
through this compact shall be terminated if a podiatric physician fails to
maintain a license in the state of principal license for a nondisciplinary
reason, without redesignation of a new state of principal license.

G. The interstate commission is
authorized to adopt rules regarding the application process, including payment
of any applicable fees, and the reporting of the issuance of an expedited
license by a member board to the interstate commission.

SECTION 6. FEES FOR
EXPEDITED LICENSURE

A. A member state issuing an
expedited license authorizing the practice of podiatric medicine in that state
may impose a fee for a license issued or renewed through this compact.

B. The interstate commission is
authorized to develop rules regarding fees for expedited licenses.

SECTION 7. RENEWAL AND
CONTINUED PARTICIPATION

A. A podiatric physician seeking to
renew an expedited license granted in a member state shall complete a renewal
process with the interstate commission if the podiatric physician meets all of
the following:

1. Maintains a full and unrestricted
license in a state of principal license.

2. Has not been convicted of or
received adjudication, deferred adjudication, community supervision or deferred
disposition for any offense by a court of appropriate jurisdiction.

3. Has not had a license authorizing
the practice of podiatric medicine subject to discipline by a licensing agency
in any state, federal or foreign jurisdiction or voluntarily surrendered such a
license in lieu of discipline, excluding any action related to nonpayment of
fees related to a license.

4. Has not had a controlled substance
license or permit suspended or revoked by a state or the United States drug
enforcement administration or voluntarily surrendered such a license or permit
after notification of investigation.

B. Podiatric physicians shall comply
with all continuing professional development or continuing medical education
requirements for renewal of a license issued by a member state.

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.

D. On receipt of any renewal fees
collected pursuant to subsection C of this section, a member board shall renew
the podiatric physician's license.

E. Podiatric physician information
collected by the interstate commission during the renewal process shall be
distributed to all member boards.

F. The interstate commission is
authorized to develop rules to address renewal of licenses obtained through
this compact.

SECTION 8. COORDINATED
INFORMATION SYSTEM

A. The interstate commission shall
establish a database of all podiatric physicians who are licensed or who have
applied for licensure under section 5 of this compact.

B. Notwithstanding any other
provision of law, each member board shall report to the interstate commission
any public action or public complaints against a licensed podiatric physician
who has applied for or received an expedited license through this compact.

C. Member boards shall report
disciplinary or investigatory information determined as necessary and proper by
rule of the interstate commission.

D. Member boards may report any
nonpublic complaint or disciplinary or investigatory information not required
by subsection C of this section to the interstate commission.

E. Member boards shall share
complaint or disciplinary information about a podiatric physician on request of
another member board.

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.

G. The interstate commission is
authorized to develop rules for mandated or discretionary sharing of
information by member boards.

SECTION 9. JOINT
INVESTIGATIONS

A. Licensure and disciplinary records
of podiatric physicians are deemed investigative.

B. In addition to the authority
granted to a member board by its respective podiatric medical practice act or
other applicable state law, a member board may participate with other member
boards in joint investigations of podiatric physicians who are licensed by the
member boards.

C. A subpoena issued by a member
state as part of a joint investigation shall be enforceable in other member
states.

D. Member boards may share any
investigative, litigation or compliance materials in furtherance of any joint
or individual investigation initiated under this compact.

E. Any member state may investigate
actual or alleged violations of the statutes authorizing the practice of
podiatric medicine in any other member state in which a podiatric physician
holds a license to practice podiatric medicine.

SECTION
10. DISCIPLINARY ACTIONS

A. Any disciplinary action taken by
any member board against a podiatric physician licensed through this compact
shall be deemed unprofessional conduct, which may be subject to discipline by
other member boards, in addition to any violation of the podiatric medical
practice act or regulations in that state.

B. If a license granted to a
podiatric physician by a member board in the state of principal license is
revoked, surrendered or relinquished in lieu of discipline or suspension, all
licenses issued to the podiatric physician by member boards shall automatically
be placed, without further action necessary by any member board, on the same
status. If the member board that is the state of principal license subsequently
reinstates the podiatric physician's license, a license issued to the podiatric
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 podiatric medical practice act of that state.

C. If disciplinary action is taken
against a podiatric physician by a member board that is not in a state of
principal license, any other member board may deem the action conclusive as to
matter of law and fact decided and may either:

1. Impose the same or lesser
sanctions against the podiatric physician so long as such sanctions are
consistent with the podiatric medical practice act of that state.

2. Pursue separate disciplinary
action against the podiatric physician under that member state's respective
podiatric medical practice act, regardless of the action taken in other member
states.

D. If a license granted to a
podiatric physician by a member board is revoked, surrendered or relinquished
in lieu of discipline or suspension, any license issued to that podiatric
physician by any other member board shall be suspended, automatically and
immediately without further action necessary by the other member boards, for
ninety days on entry of the order by the disciplining board, to allow each
member board to investigate the basis for the action under the podiatric
medical practice act of that state.

E. A member board may terminate the
automatic provision under subsection B or D of this section of a license the
member board issued, in a manner consistent with the podiatric medical practice
act of that state.

SECTION 11. INTERSTATE
PODIATRIC MEDICAL

LICENSURE COMPACT COMMISSION

A. The member states hereby create
the interstate podiatric medical licensure compact commission.

B. The purpose of the interstate
commission is to administer the interstate podiatric medical licensure compact,
which is a discretionary state function.

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 this compact and such
additional powers as may be conferred on the interstate commission by
subsequent concurrent action of the respective legislatures of the member
states in accordance with the terms of this compact.

D. The interstate commission consists
of one voting representative appointed by each member state who serves as a
commissioner.� A commissioner shall be one of the following:

1. A podiatric physician appointed to
a member board.

2. An executive director, executive
secretary or similar executive of a member board.

3. A member of the public appointed
to a member board.

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 on the request of a majority
of the member states.

F. The bylaws may provide for
meetings of the interstate commission to be conducted, in whole or in part, via
teleconference, video conference or other electronic means by which all
participants can hear each other simultaneously and participate effectively.�
Attendance by such electronic means shall constitute presence in person at the
meeting.

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
meets the requirements of subsection D of this section.

H. The interstate commission shall provide
public notice of all meetings, and all meetings are open to the public.� The
interstate commission may close a meeting, in full or in portion, if it
determines by a two-thirds vote of the commissioners present that any
open meeting would be likely to:

1. Relate solely to the internal
personnel practice and procedures of the interstate commission.

2. Discuss matters specifically
exempt from disclosure by federal statute.

3. Discuss trade secrets or
commercial or financial information that is privileged or confidential.

4. Involve accusing a person of a
crime or formally censuring a person.

5. Discuss information of a personal
nature of which disclosure would constitute a clearly unwarranted invasion of
personal privacy.

6. Discuss investigative records
compiled for law enforcement purposes.

7. Specifically relate to the
participation in a civil action or other legal proceeding.

I. The interstate commission shall
keep minutes that fully describe all matters discussed in each meeting and
shall provide a full and accurate summary of actions taken, including record of
any roll call votes.

J. The interstate commission shall
make its information and official records, to the extent not otherwise
designated in this compact or by its rules, available to the public for
inspection.

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 this compact, including enforcement and
compliance with this compact, and its bylaws and rules, and other such duties
as necessary.

L. The interstate commission shall
establish other committees for governance and administration of this compact.

SECTION 12. POWERS AND
DUTIES OF THE INTERSTATE COMMISSION

The following are the powers and duties of the
interstate commission:

1. Oversee and maintain the
administration of this compact.

2. Adopt rules that are binding to
the extent and in the manner provided for in this compact.

3. Issue, on the request of a member
state or member board, advisory opinions concerning the meeting or
interpretation of this compact and its bylaws, rules and actions.

4. Enforce compliance with compact
provisions, the rules adopted by the interstate commission and the bylaws,
using all necessary and proper means, including the use of judicial process.

5. Establish and appoint committees,
including an executive committee as required by section 11 of this compact,
which shall have the power to act on behalf of the interstate commission in
carrying out its powers and duties.

6. Pay, or provide for the payment
of, the expenses related to the establishment, organization and ongoing
activities of the interstate commission.

7. Establish and maintain one or more
offices.

8. Borrow, accept, hire or contract
for services of personnel.

9. Purchase and maintain insurance
and bonds.

10. Employ an executive director who
shall have the power to employ, select or appoint employees, agents and
consultants and to determine their qualifications, define their duties and fix
their compensation.

11. Establish personnel policies and
programs relating to conflicts of interest, rates of compensation and
qualification of personnel.

12. Accept donations and grants of
monies, equipment, supplies, materials and services to receive, use and dispose
of any of these in a manner consistent with the conflict of interest policies
established by the interstate commission.

13. Lease, purchase, and accept
contributions or donations of, or otherwise own, hold, improve or use, any
property, real, personal or mixed.

14. Sell, convey, mortgage, pledge,
lease, exchange, abandon or otherwise dispose of any property, real, personal
or mixed.

15. Establish a budget and make
expenditures.

16. Adopt a seal and bylaws governing
the management and operation of the interstate commission.

17. Report annually to the
legislatures and governors of the member states concerning the activities of
the interstate commission during the preceding year. The reports
shall also include reports of financial audits, financial statements and any
recommendations that the interstate commission has adopted.

18. Coordinate education, training
and public awareness regarding this compact and its implementation and
operation.

19. Maintain records in accordance
with the bylaws.

20. Seek and obtain trademarks,
copyrights and patents.

21. Perform such functions as may be
necessary or appropriate to achieve the purpose of this compact.

SECTION 13. FINANCE
POWERS

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 on a formula to be
determined by the interstate commission, which shall adopt a rule binding on all
member states.

B. The interstate commission shall
not incur obligations of any kind before securing the monies adequate to meet
those obligations.

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.

D. The interstate commission shall
maintain financial records in accordance with the bylaws, including profit and
loss statements and balance sheet reports, which shall be included in the
annual report of the interstate commission.

SECTION 14. ORGANIZATION
AND OPERATION

OF THE INTERSTATE COMMISSION

A. The interstate commission, by a
majority of commissioners present and voting, shall adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the
compact within twelve months after the first interstate commission meeting.

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.

C. Officers selected pursuant to
subsection B of this section shall serve without remuneration for the
interstate commission.

D. The officers and employees of the
interstate commission are immune from suit and liability, either personally or
in their official capacity, for a claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of, or relating
to, an actual or alleged act, error or omission that occurred, or that such
person had a reasonable basis for believing occurred, within the scope of
interstate commission employment, duties or responsibilities, such a person is
not protected from suit or liability for damage, loss, injury or liability
caused by the person's intentional or wilful and wanton misconduct.

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 person's employment or
duties for acts, errors or omissions occurring within such 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 purpose
of such action.� This subsection does not protect such a person from suit or
liability for damage, loss, injury or liability caused by the person's
intentional or wilful and wanton misconduct.

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 the interstate commission representative, shall defend such an
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 person had a reasonable basis for believing occurred within the
scope of the interstate commission employment, duties or responsibilities, if
the actual or alleged act, error or omission did not result from the person's
intentional or wilful and wanton misconduct.

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 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, if the actual or alleged act, error or
omission did not result from the person's intentional or wilful and wanton
misconduct.

SECTION 15. RULEMAKING
FUNCTIONS OF THE

INTERSTATE COMMISSION

A. The interstate commission shall
adopt rules to effectively and efficiently achieve the purpose of this
compact. Notwithstanding the foregoing, if the interstate commission
exercises its rulemaking authority in a manner that is beyond the scope of the
purposes of this compact, or the powers granted hereunder, such an action by
the interstate commission is invalid and has no force or effect.

B. Rules deemed appropriate for the
operations of the interstate commission shall be made pursuant to the
rulemaking process that substantially conforms to the model state
administrative procedure act of 2010, and subsequent amendments thereto.

C. Not later than thirty days after a
rule is adopted, 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.� The filing
of such a petition does 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.

SECTION 16. OVERSIGHT
OF INTERSTATE COMPACT

A. The executive, legislative and
judicial branches of state government in each member state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate this
compact's purposes and intent.� This compact and the rules adopted hereunder
have standing as statutory law but shall not override existing state authority
to regulate the practice of podiatric medicine.

B. All courts shall take judicial
notice of this compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this compact
that may affect the powers, responsibilities or actions of the interstate
commission.

C. The interstate commission is
entitled to receive all service of process in any such proceeding and has
standing to intervene in the proceeding for all purposes.� Failure to provide
service of process to the interstate commission renders a judgment or order
void as to the interstate commission, this compact or adopted rules.

SECTION 17. ENFORCEMENT
OF INTERSTATE COMPACT

A. The interstate commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules
of this compact.

B. The interstate commission, by a
majority vote of the commissioners present and voting, may initiate legal
action in the United States court for the district of Columbia, or, at the
discretion of the interstate commission, in federal district where the
interstate commission has its principal offices, to enforce compliance with
this compact and its adopted rules and bylaws, against a member state in
default. The relief sought may include both injunctive relief and
damages. If judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorney
fees.

C. The remedies prescribed in this
section are not the exclusive remedies of the interstate commission.� The
interstate commission may avail itself of any other remedies available under
state law or regulation of a profession.

SECTION
18. DEFAULT PROCEDURES

A. The grounds for default include
failure of a member board to perform such obligations or responsibilities
imposed on it by this compact or the rules and bylaws of the interstate
commission adopted under this compact.

B. If the interstate commission
determines that a member state has defaulted in the performance of its
obligations or responsibilities under this compact or the bylaws or adopted
rules, the interstate commission shall both:

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.

2. Provide 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 this compact on an affirmative vote of the majority of the
commissioners present and voting, and all rights, privileges and benefits
conferred by this compact 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 default.

D. Termination of membership in this
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 member state.

E. The interstate commission shall
establish rules and procedures to address licenses and podiatric physicians who
are materially impacted by the termination or withdrawal of a member state.

F. A 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 that has been found to be in default
or that has been terminated from the compact, unless otherwise mutually agreed
on 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 litigation, including reasonable attorney
fees.

SECTION 19. DISPUTE
RESOLUTION

A. The interstate commission, on the
request of a member state, shall attempt to resolve disputes that are subject
to this compact and that arise among member states or member boards.

B. The interstate commission shall
adopt rules providing for both mediation and binding dispute resolution as
appropriate.

SECTION 20. MEMBER
STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a
member of this compact.

B. This compact shall become
effective and binding on legislative enactment of this compact into law by not
less than four states. Thereafter, it shall become effective and binding on a
state on enactment of this compact into law by that state.

C. The governors of nonmember states,
or their designees, shall be welcome to participate in the activities of the
interstate commission on a nonvoting basis before adoption of this compact by
all states.

D. The
interstate commission may propose amendments to this compact for enactment by
the member states. An amendment shall not become effective and
binding on the interstate commission and other member states unless and until
it is enacted into law by unanimous consent of the member states.

SECTION 21. WITHDRAWAL

A. Once effective, this compact shall
continue in force and remain binding on each member state, provided that a
member state may withdraw from the compact by specifically repealing the
statute that enacted this compact into law.

B. Withdrawal from this compact shall
be by the enactment of a statute repealing the same but does 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 on
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 sixty days after its receipt of notice provided under subsection C of
this section.

E. The withdrawing state is
responsible for all dues, obligations and liabilities incurred throughout the
effective date of withdrawal, including obligations, the performance of which
extends beyond the effective date of withdrawal.

F. Reinstatement following withdrawal
of a member state shall occur on the withdrawing date reenacting the compact or
on 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 podiatric physicians who
designated the withdrawing member state as the state of principal license.

SECTION 22. DISSOLUTION

A. This compact shall be dissolved
effective on the date of the withdrawal or default of the member state that
reduces the membership of this compact to one member state.

B. On the dissolution of this
compact, this compact becomes void and is of no further force or effect, the
business and affairs of the interstate commission shall be concluded and
surplus monies shall be distributed in accordance with the bylaws.

SECTION
23. SEVERABILITY AND CONSTRUCTION

A. The provisions of the compact are
severable, and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of this compact are enforceable.

B. The provisions of this compact
shall be liberally construed to effectuate its purposes.

C. This compact does not prohibit the
applicability of other interstate compacts to which the member states are
members.

SECTION 24. BINDING
EFFECT OF COMPACT AND OTHER LAWS

A. This compact does not prevent the
enforcement of any other law of a member state that is not inconsistent with
this compact.

B. All laws in a member state that
are in conflict with this compact are superseded to the extent of the conflict.

C. All lawful actions of the
interstate commission, including all rules and bylaws adopted by the
commission, are binding on all member states.

D. All agreements between the
interstate commission and the member states are binding in accordance with
their terms.

E. If any provision of this compact
exceeds the constitutional limits imposed on the legislature of any member
state, that provision is ineffective to the extent of the conflict with the
constitutional provision in question in that member state.

END_STATUTE