Interstate Podiatric Medical Licensure Compact

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A bill to be entitled 1
An act relating to the Interstate Podiatric Medical 2
Licensure Compact; creating s. 461.0181, F.S.; 3
creating the Interstate Podiatric Medical Licensure 4
Compact; providing purpose of the compact; providing 5
definitions; providing eligibility requirements for a 6
podiatric physician to receive an expedited license; 7
providing an exception; providing requirements for a 8
podiatric physician to designate or redesignate a 9
member state as the state of principal license for 10
certain purposes; providing requirements for a 11
podiatric physician to apply for and receive an 12
expedited license in a member state; providing 13
validity, termination, and fee requirements for an 14
expedited license; providing requirements for a 15
podiatric physician to renew an expedited license; 16
requiring the Interstate Podiatric Medical Licensure 17
Compact Commission to collect and distribute any 18
renewal fees in a specified manner; providing that 19
certain information be distributed to member boards; 20
requiring the commission to establish a coordinated 21
information system; providing reporting requirements 22
for such system; authorizing joint investigations of 23
the member boards; providing requirements for such 24
investigations; providing requirements for 25

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disciplinary actions; creating the Interstate 26
Podiatric Medical Licensure Compact Commission; 27
providing for purpose, membership, and meetings of the 28
commission; requiring the commission to make certain 29
information public record; requiring the commission to 30
establish an executive committee for certain purposes; 31
providing powers and duties, including financial 32
powers, of the commission; providing for organization 33
and operation, rulemaking authority, and oversight of 34
the commission; providing for the enforcement and 35
default procedures of the compact; providing for 36
dispute resolution procedures of the commission; 37
providing for membership, effective date, amendment, 38
withdrawal, and dissolution of the compact; providing 39
severability and construction; providing for binding 40
effect of the compact and other laws; providing an 41
effective date. 42
43
Be It Enacted by the Legislature of the state of Florida: 44
45
Section 1. Section 461.0181, Florida Statutes, is created 46
to read: 47
461.0181 Interstate Podiatric Medical Licensure Compact.—48
The Interstate Podiatric Medical Licensure Compact is hereby 49
enacted into law and entered into by this state with all other 50

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states legally joining therein in the form substantially as 51
follows: 52
53
INTERSTATE PODIATRIC MEDICAL LICENSURE COMPACT 54
55
ARTICLE I 56
PURPOSE 57
58
(1) In order to strengthen access to health care, and in 59
recognition of the advances in the delivery in health care, the 60
member states of the Interstate Podiatric Medical Licensure 61
Compact have allied in common purpose to develop a comprehensive 62
process that complements the existing licensing and regulatory 63
authority of state podiatric medical boards and provides a 64
streamlined process that allows podiatric physicians to become 65
licensed in multiple states, enhancing the portability of a 66
podiatric medical license and ensuring the safety of patients. 67
(2) The compact creates another pathway for licensure and 68
does not otherwise change a state's existing Podiatric Medical 69
Practice Act. The compact also adopts the prevailing standard 70
for licensure and affirms that the practice of podiatric 71
medicine occurs where the patient is located at the time of the 72
podiatric physician-patient encounter, and therefore, requires 73
the podiatric physician to be under the jurisdiction of the 74
state podiatric medical board where the patient is located. 75

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State podiatric medical boards that participate in the compact 76
retain the jurisdiction to impose an adverse action against a 77
license to practice podiatric medicine in that state issued to a 78
podiatric physician through the procedures in the compact. 79
80
ARTICLE II 81
DEFINITIONS 82
83
As used in this compact, the term: 84
(1) "Bylaws" means those bylaws established by the 85
commission pursuant to Article XI. 86
(2) "Commission" means the Interstate Podiatric Medical 87
Licensure Compact Commission created pursuant to Article XI. 88
(3) "Commissioner" means the voting representative 89
appointed by each member board pursuant to Article XI. 90
(4) "Conviction" means a finding by a court that an 91
individual is guilty of a criminal offense through adjudication, 92
or entry of a plea of guilt or no contest to the charge by the 93
offender. Evidence of an entry of conviction of a criminal 94
offense by the court shall be considered final for purposes of 95
disciplinary action by a member board. 96
(5) "Criminal background check" means that the member 97
board is authorized to obtain a Federal Bureau of Investigation 98
biometric based on a federal criminal records check information 99
report from the authorized state agency for the exclusive 100

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purpose of determining eligibility for certification of 101
qualification that would allow for an expedited license. 102
(6) "Expedited license" means a full unrestricted 103
podiatric medical license granted by a member state to an 104
eligible podiatric physician through the process set forth in 105
the compact. 106
(7) "Federal criminal records check information" means any 107
information obtained by a member board from the Federal Bureau 108
of Investigation relating to a federal criminal records check 109
performed by a member board under Public Law 92-544. 110
(8) "License" means authorization by a member state for a 111
podiatric physician to engage in the practice of podiatric 112
medicine, which would be unlawful without authorization. 113
(9) "Member board" means a state agency in a member state 114
that acts in the sovereign interest of the state by protecting 115
the public through licensure, regulation, and education of 116
podiatric physicians as directed by the state government. 117
(10) "Member state" means a state which has enacted the 118
compact. 119
(11) "Offense" means a felony, gross misdemeanor, or a 120
misdemeanor related to the practice of podiatry. 121
(12) "Podiatric Medical Practice Act" means applicable 122
laws and regulations governing the practice of podiatric 123
medicine within a member state. 124
(13) "Podiatric physician" means any person who: 125

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(a) Is a graduate of a podiatric medical school accredited 126
by the Council of Podiatric Medical Education. 127
(b) Passed Parts I, II, and III of the National Board of 128
Podiatric Medical Examiners' (NBPME), the American Podiatric 129
Medical Licensing Examination (APMLE), or NBPME or APMLE 130
recognized replacement examinations. 131
(c) Successfully completed a podiatric residency program 132
approved by the Council on Podiatric Medical Education. 133
(d) Holds specialty certification from a specialty board 134
recognized by the Council on Podiatric Medical Education. 135
(e) Possesses a full and unrestricted license to engage in 136
the practice of podiatric medicine issued by a member board. 137
(f) Has never been convicted, received adjudication, 138
deferred adjudication, community supervision, or deferred 139
disposition for any offense by a court of appropriate 140
jurisdiction. 141
(g) Has never held a license authorizing the practice of 142
podiatric medicine subjected to discipline by a licensing agency 143
in any state, federal, or foreign jurisdiction, excluding any 144
action related to the nonpayment of fees related to a license. 145
(h) Has never had a controlled substance license or permit 146
suspended or revoked by a state or the United States Drug 147
Enforcement Administration or voluntarily surrendered such 148
license after notification of investigation. 149
(i) Is not under active investigation by a licensing 150

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agency or law enforcement authority in any state, federal, or 151
foreign jurisdiction. 152
(14) "Practice of Podiatric Medicine" means that clinical 153
prevention, diagnosis, or treatment of human disease, injury, or 154
condition requiring a podiatric physician to obtain and maintain 155
a license in compliance with the Podiatric Medical Practice Act 156
of a member state. 157
(15) "Rule" means a written statement by the commission 158
adopted pursuant to Article XII of the compact which is of 159
general applicability; implements, interprets, or prescribes a 160
policy or provision of the compact, or an organizational, 161
procedural, or practice requirement of the commission; and has 162
the force and effect of statutory law in a member state. The 163
term includes the amendment, repeal, or suspension of an 164
existing rule. 165
(16) "State" means any state, commonwealth, district, or 166
territory of the United States. 167
(17) "State of principal license" means a member state 168
where a podiatric physician holds a license to practice 169
podiatric medicine and which has been designated by such a 170
podiatric physician for purposes of registration and 171
participation in the compact. 172
173
ARTICLE III 174
ELIGIBILITY 175

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176
(1) A podiatric physician must meet the eligibility 177
requirements as provided in subsection (13) of Article II to 178
receive an expedited licensure under the terms and provisions of 179
the compact. 180
(2) A podiatric physician who does not meet the 181
requirements in subsection (13) of Article II may obtain a 182
license to practice podiatric medicine in a member state if the 183
individual complies with all laws and requirements, other than 184
the compact, relating to the issuance of a license to practice 185
podiatric medicine in that state. 186
187
ARTICLE IV 188
DESIGNATION OF STATE OF PRINCIPAL LICENSE 189
190
(1) A podiatric physician shall designate a member state 191
as the state of principal license for purposes of registration 192
for expedited licensure through the compact if the podiatric 193
physician possesses a full and unrestricted license to practice 194
podiatric medicine in that state and the state is: 195
(a) The state of principal residence for the podiatric 196
physician; 197
(b) The state where at least 25 percent of the practice of 198
podiatric medicine occurs; 199
(c) The location of the podiatric physician's employer; or 200

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(d) If a state does not qualify under paragraph (a), 201
paragraph (b), or paragraph (c), the state designated as the 202
podiatric physician's state of residence for the purpose of 203
federal income tax. 204
(2) A podiatric physician may redesignate a member state 205
as state of principal license at any time, as long as the state 206
meets one of the requirements of subsection (1). 207
(3) The commission is authorized to develop rules to 208
facilitate redesignation of another member state as the state of 209
principal license. 210
211
ARTICLE V 212
ISSUANCE OF EXPEDITED LICENSURE 213
214
(1) A podiatric physician seeking licensure through the 215
compact shall file an application for an expedited license with 216
the member board of the state selected by the podiatric 217
physician as the state of principal license. 218
(2) Upon receipt of an application for an expedited 219
license, the member board within the state selected as the state 220
of principal license shall evaluate whether the podiatric 221
physician is eligible for expedited licensure and issue a letter 222
of qualification, verifying or denying the podiatric physician's 223
eligibility and in the manner established by rule of the 224
commission. 225

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(a) Qualification includes verification of podiatric 226
medical education, podiatric graduate medical education, results 227
of any podiatric medical licensing examination, and other 228
qualifications as determined by the commission by rule, and may 229
not be subject to additional primary source verification where a 230
primary source has already been verified by the state of 231
principal license. 232
(b) The member board within the state selected as the 233
state of principal license shall, in the course of verifying 234
eligibility, perform a criminal background check of an 235
applicant, including the use of results of fingerprint or other 236
biometric data checks compliant with the requirements of the 237
Federal Bureau of Investigation with the exception of federal 238
employees who have suitability determination in accordance with 239
5 C.F.R. s. 731.202. 240
1. Communication between a member board and the commission 241
and communication between member boards regarding the 242
verification of eligibility in Article III through the compact 243
may not include any information received from the Federal Bureau 244
of Investigation relating to a federal criminal records check 245
performed by a member board under Public Law 92-544, including 246
federal criminal records check information. 247
2. Federal Bureau of Investigation information obtained by 248
a member board may not be shared with the commission. 249
(c) Appeal of the determination of eligibility shall be 250

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made to the member state where the application was filed and 251
shall be subject to the law of that state. 252
(3) Upon verification in paragraph (2)(b), a podiatric 253
physician's shall complete the registration process established 254
by the commission to receive a license in a member state 255
selected pursuant to subsection (1), including the payment of 256
any applicable fees. 257
(4) After receiving verification of eligibility under 258
subsection (2) and the payment of any fees under subsection (3), 259
a member board shall issue an expedited license to the podiatric 260
physician. This license shall authorize the podiatric physician 261
to practice podiatric medicine in the issuing state consistent 262
with the Podiatric Medical Practice Act and all appliable laws 263
and regulations of the issuing member board and member state. 264
(5) An expedited license shall be valid for a period 265
consistent with the licensure period in the member state and in 266
the same manner as required for other podiatric physicians 267
holding a full and unrestricted license within the member state. 268
(6) An expedited license obtained through the compact 269
shall be terminated if a podiatric physician fails to maintain a 270
license in the state of principal licensure for a 271
nondisciplinary reason, without redesignation of a new state of 272
principal licensure. 273
(7) The commission is authorized to develop rules 274
regarding the application process, including payment of any 275

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applicable fees, and the reporting of the issuance of an 276
expedited license by a member board to the commission. 277
278
ARTICLE VI 279
FEES FOR EXPEDITED LICENSURE 280
281
(1) A member state issuing an expedited license 282
authorizing the practice of podiatric medicine in that state may 283
impose a fee for a license issued or renewed through the 284
compact. 285
(2) The commission is authorized to develop rules 286
regarding fees for expedited licenses. 287
288
ARTICLE VII 289
RENEWAL AND CONTINUED PARTICIPATION 290
291
(1) A podiatric physician seeking to renew an expedited 292
license granted in a member state shall complete a renewal 293
process with the commission if the podiatric physician: 294
(a) Maintains a full and unrestricted license in a state 295
of principal license; 296
(b) Has not been convicted, received adjudication, 297
deferred adjudication, community supervision, or deferred 298
disposition for any offense by a court of appropriate 299
jurisdiction; 300

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(c) Has not had a license authorizing the practice of 301
podiatric medicine subject to discipline by a licensing agency 302
in any state, federal, or foreign jurisdiction, or voluntarily 303
surrendered such license in lieu of discipline, excluding any 304
action related to nonpayment of fees related to a license; and 305
(d) Has not had a controlled substance license or permit 306
suspended or revoked by a state or the United States Drug 307
Enforcement Administration or voluntarily surrendered such 308
license or permit after notification of investigation. 309
(2) Podiatric physicians shall comply with all continuing 310
professional development or continuing medical education 311
requirements for renewal of a license issued by a member state. 312
(3) The commission shall collect any renewal fees charged 313
for the renewal of a license and distribute the fees to the 314
applicable member board. 315
(4) Upon receipt of any renewal fees collected in 316
subsection (3), a member board shall renew the podiatric 317
physician's license. 318
(5) Podiatric physician information collected by the 319
commission during the renewal process will be distributed to all 320
member boards. 321
(6) The commission is authorized to develop rules to 322
address renewal of licenses obtained through the compact. 323
324
ARTICLE VIII 325

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COORDINATED INFORMATION SYSTEM 326
327
(1) The commission shall establish a coordinated 328
information system of all podiatric physicians who are licensed 329
or who have applied for licensure under Article V. 330
(2) Notwithstanding any other provision of law, member 331
boards shall report to the commission any public action or 332
public complaints against a licensed podiatric physician who has 333
applied or received an expedited license through the compact. 334
(3) Member boards shall report disciplinary or 335
investigatory information determined as necessary and proper by 336
rule of the commission. 337
(4) Member boards may report any nonpublic complaint or 338
any disciplinary or investigatory information not required by 339
subsection (3) to the commission. 340
(5) Member boards shall share complaint or disciplinary or 341
investigatory information about a podiatric physician upon 342
request of another member board. 343
(6) All information provided to the commission or 344
distributed by member boards shall be confidential, filed under 345
seal, and used only for investigatory or disciplinary matters. 346
(7) The commission is authorized to develop rules for 347
mandated or discretionary sharing of information by member 348
boards. 349
350

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ARTICLE IX 351
JOINT INVESTIGATIONS 352
353
(1) Licensure and disciplinary records of podiatric 354
physicians are deemed investigative. 355
(2) In addition to the authority granted to a member board 356
by its respective Podiatric Medical Practice Act, a member board 357
may participate with other member boards in joint investigations 358
of podiatric physicians licensed by the member boards. 359
(3) A subpoena issued by a member state as part of a joint 360
investigation shall be enforceable in other member states. 361
(4) Member boards may share any investigative, litigation, 362
or compliance materials in furtherance of any joint or 363
individual investigation initiated under the compact. 364
(5) Any member state may investigate actual or alleged 365
violation of the statutes authorizing the practice of podiatric 366
medicine in any other member state in which a podiatric 367
physician holds a license to practice podiatric medicine. 368
369
ARTICLE X 370
DISCIPLINARY ACTIONS 371
372
(1) Any disciplinary action taken by any member board 373
against a podiatric physician licensed through the compact shall 374
be deemed unprofessional conduct which may be subject to 375

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discipline by other member boards, in addition to any violation 376
of the Podiatric Medical Practice Act of that state. 377
(2) If a license granted to a podiatric physician by a 378
member board in the state of principal license is revoked, 379
surrendered, or relinquished in lieu of discipline, or 380
suspended, then all licenses issued to the podiatric physician 381
by member boards shall automatically be placed, without further 382
action necessary by any member board, on the same status. If the 383
member board of the state of principal license subsequently 384
reinstates the podiatric physician's license, a license issued 385
to the podiatric physician by any other member board shall 386
remain encumbered until that respective member board takes 387
action to reinstate the license in a manner consistent with the 388
Podiatric Medical Practice Act of that state. 389
(3) If disciplinary action is taken against a podiatric 390
physician by a member board not in a state of principal license, 391
any other member board may deem the action conclusive as to 392
matter of law and fact decided, and: 393
(a) Impose the same or lesser sanctions against the 394
podiatric physician so long as such sanctions are consistent 395
with the Podiatric Medical Practice Act of that state; or 396
(b) Pursue separate disciplinary action against the 397
podiatric physician under its respective Podiatric Medical 398
Practice Act of that state, regardless of the action taken in 399
other member states. 400

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(4) If a license granted to a podiatric physician by a 401
member board is revoked, surrendered or relinquished in lieu of 402
discipline, or suspended, then any license issued to a podiatric 403
physician by any other member board shall be suspended, 404
automatically and immediately without further action necessary 405
by the other member boards, for 90 days upon entry of the order 406
by the disciplining board, to permit the member boards to 407
investigate the basis for the action under the Podiatric Medical 408
Practice Act of that state. 409
(5) A member board may terminate the automatic provision 410
under subsection (2) or subsection (4) of a license it issued, 411
in a manner consistent with the Podiatric Medical Practice Act 412
of that state. 413
414
ARTICLE XI 415
INTERSTATE PODIATRIC MEDICAL LICENSURE COMPACT COMMISSION 416
417
(1) The member states hereby create the Interstate 418
Podiatric Medical Licensure Compact Commission. 419
(2) The purpose of the commission is the administration of 420
the Interstate Podiatric Medical Licensure Compact, which is a 421
discretionary state function. 422
(3) The commission shall be a body corporate and joint 423
agency of the member states and shall have all the 424
responsibilities, powers, and duties set forth in the compact, 425

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and such additional powers as may be conferred upon it by a 426
subsequent concurrent action of the respective legislatures of 427
the member states in accordance with the terms of the compact. 428
(4) The commission shall consist of one voting 429
representative appointed by each member state who shall serve as 430
a commissioner. A commissioner shall be: 431
(a) A podiatric physician appointed to a member board; 432
(b) An executive director, executive secretary, or similar 433
executive of a member board; or 434
(c) A member of the public appointed to a member board. 435
(5) The commission shall meet at least once each calendar 436
year. A portion of this meeting shall be a business meeting to 437
address such matters as may properly come before the commission, 438
including the election of officers. The chairperson may call 439
additional meetings and shall call for a meeting upon the 440
request of a majority of the member states. 441
(6) The bylaws may provide for meetings of the commission 442
to be conducted, in whole or in part, by teleconference, video 443
conference, or other electronic means by which all participants 444
can hear each other simultaneously and participate effectively. 445
Attendance by such electronic means shall constitute presence in 446
person at the meeting. 447
(7) Each commissioner participating at a meeting of the 448
commission is entitled to one vote. A majority of commissioners 449
shall constitute a quorum for the transaction of business, 450

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unless a larger quorum is required by commission bylaws. A 451
commissioner may not delegate a vote to another commissioner. In 452
the absence of its commissioner, a member state may delegate 453
voting authority for a specified meeting to another person from 454
that state who shall meet the requirements of subsection (4). 455
(8) The commission shall provide public notice of all 456
meetings and all meetings shall be open to the public. The 457
commission may close a meeting, in full or in portion, where it 458
determines by a two-thirds vote of the commissioners present 459
that any open meeting would be likely to: 460
(a) Relate solely to the internal personnel practices and 461
procedures of the commission; 462
(b) Discuss matters specifically exempted from disclosure 463
by federal statute; 464
(c) Discuss trade secrets, commercial, or financial 465
information that is privileged or confidential; 466
(d) Involve accusing a person of a crime, or formally 467
censuring a person; 468
(e) Discuss information of a personal nature where 469
disclosure would constitute a clearly unwarranted invasion of 470
personal privacy; 471
(f) Discuss investigative records compiled for law 472
enforcement purposes; or 473
(g) Specifically relate to the participation in a civil 474
action or other legal proceeding. 475

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(9) The commission shall keep minutes that fully describe 476
all matters discussed in a meeting and shall provide a full and 477
accurate summary of actions taken, including record of any roll 478
call votes. 479
(10) The commission shall make its information and 480
official records, to the extent not otherwise designated in the 481
compact or by its rules, available to the public for inspection. 482
(11) The commission shall establish an executive 483
committee, which shall include officers, members, and others as 484
determined by the bylaws. The executive committee shall have the 485
power to act on behalf of the commission, with the exception of 486
rulemaking, during periods when the commission is not in 487
session. When acting on behalf of the commission, the executive 488
committee shall oversee the administration of the compact, 489
including enforcement and compliance with the provisions of the 490
compact, its bylaws and rules, and other such duties as 491
necessary. 492
(12) The commission shall establish other committees for 493
governance and administration of the compact. 494
495
ARTICLE XII 496
POWERS AND DUTIES OF THE INTERSTATE COMMISSION 497
498
The commission shall: 499
(1) Oversee and maintain the administration of the 500

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compact; 501
(2) Adopt rules which shall be binding to the extent and 502
in the manner provided for in the compact; 503
(3) Issue, upon the request of a member state or member 504
board, advisory opinions concerning the meeting or 505
interpretation of the compact, its bylaws, rules, and actions; 506
(4) Enforce compliance with compact provisions, the rules 507
adopted by the commission, and the bylaws, using all necessary 508
and proper means, including, but not limited to, the use of 509
judicial process; 510
(5) Establish and appoint committees, including, but not 511
limited to, an executive committee as required by Article XI, 512
which shall have the power to act on behalf of the commission in 513
carrying out its powers and duties; 514
(6) Pay, or provide for the payment of the expenses 515
related to the establishment, organization, and ongoing 516
activities of the commission; 517
(7) Establish and maintain one or more offices; 518
(8) Borrow, accept, hire, or contract for services of 519
personnel; 520
(9) Purchase and maintain insurance and bonds; 521
(10) Employ an executive director who shall have the power 522
to employ, select, or appoint employees, agents, or consultants 523
and determine their qualifications, define their duties, and fix 524
their compensation; 525

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(11) Establish personnel policies and programs relating to 526
conflicts of interest, rates of compensation, and qualification 527
of personnel; 528
(12) Accept donations and grants of money, equipment, 529
supplies, materials, and services to receive, use, and dispose 530
of it in a manner consistent with the conflict of interest 531
policies established by the commission; 532
(13) Lease, purchase, accept contributions or donations 533
of, or otherwise to own, hold, improve or use, any property, 534
real, personal, or mixed; 535
(14) Sell, convey, mortgage, pledge, lease, exchange, 536
abandon, or otherwise dispose of any property, real, personal, 537
or mixed; 538
(15) Establish a budget and make expenditures; 539
(16) Adopt a seal and bylaws governing the management and 540
operation of the commission; 541
(17) Report annually to the legislatures and governors of 542
the member states concerning the activities of the commission 543
during the preceding year. Such reports shall also include 544
reports of financial audits, and financial statements, and any 545
recommendations that may have been adopted by the commission; 546
(18) Coordinate education, training, and public awareness 547
regarding the compact, its implementation, and its operation; 548
(19) Maintain records in accordance with the bylaws; 549
(20) Seek and obtain trademarks, copyrights, and patents; 550

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and 551
(21) Perform such functions as may be necessary or 552
appropriate to achieve the purpose of the compact. 553
554
ARTICLE VIII 555
FINANCIAL POWERS 556
557
(1) The commission may levy on and collect an annual 558
assessment from each member state to cover the cost of the 559
operations and activities of the commission and its staff. The 560
total assessment must be sufficient to cover the annual budget 561
approved each year for which revenue is not provided by other 562
sources. The aggregate annual assessment amount shall be 563
allocated upon a formula to be determined by the commission, 564
which shall adopt a rule binding upon all member states. 565
(2) The commission may not incur obligations of any kind 566
before securing the funds adequate to meet the same. 567
(3) The commission may not pledge the credit of any of the 568
member states, except by, and with the authority of, the member 569
state. 570
(4) The commission shall maintain financial records in 571
accordance with the bylaws, including profit and loss statements 572
and balance sheet reports, which shall be included in the annual 573
report of the commission. 574
575

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ARTICLE XVI 576
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 577
578
(1) The commission shall, by a majority of commissioners 579
present and voting, adopt bylaws to govern its conduct as may be 580
necessary or appropriate to carry out the purposes of the 581
compact within 12 months of the first commission meeting. 582
(2) The commission shall elect or appoint annually from 583
among its commissioners, a chairperson, a vice-chairperson, and 584
a treasurer, each of whom shall have such authority and duties 585
as may be specified in the bylaws. The chairperson, or in the 586
chairperson's absence or disability, the vice chairperson, shall 587
preside at all meetings of the commission. 588
(3) Officers selected in subsection (2) shall serve 589
without remuneration for the commission. 590
(4) The officers and employees of the commission shall be 591
immune from suit and liability, either personally or in their 592
official capacity, for a claim for damage to or loss of property 593
or personal injury or other civil liability caused or arising 594
out of, or relating to, an actual or alleged act, error, or 595
omission that occurred, or that such person had a reasonable 596
basis for believing occurred, within the scope of the commission 597
employment, duties, or responsibilities; provided that such 598
person may not be protected from suit or liability for damage, 599
loss, injury, or liability caused by the intentional or willful 600

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and wanton misconduct of such person. 601
(5) The liability of the executive director and employees 602
of the commission or representatives of the commission, acting 603
within the scope of such person's employment or duties for acts, 604
errors, or omissions occurring within such person's state, may 605
not exceed the limits of liability set forth under the 606
constitution and laws of that state for state officials, 607
employees, and agents. The commission is considered to be an 608
instrumentality of the states for the purpose of such action. 609
This subsection does not protect such person from suit or 610
liability for damages, losses, injury, or liability caused by 611
the intentional or willful and wanton misconduct of such person. 612
(6) The commission shall defend the executive director and 613
its employees, and subject to the approval of the attorney 614
general or other appropriate legal counsel of the member state 615
represented by the commission representative, shall defend such 616
commission representative in any civil action seeking to impose 617
liability arising out of an actual or alleged act, error, or 618
omission that occurred within the scope of commission 619
employment, duties, or responsibilities, or that the defendant 620
had a reasonable basis for believing occurred within the scope 621
of the commission employment, duties, or responsibilities, 622
provided that the actual or alleged act, error, or omission did 623
not result from intentional or willful and wanton misconduct on 624
the part of such person. 625

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(7) To the extent not covered by the state involved, 626
member state, or the commission, the representatives or 627
employees of the commission shall be held harmless in the amount 628
of a settlement or judgement, including attorney fees and costs, 629
obtained against such persons arising out of an actual or 630
alleged act, error, or omission that occurred within the scope 631
of the commission employment, duties, or responsibilities, or 632
that such persons had a reasonable basis for believing occurred 633
within the scope of commission employment, duties, or 634
responsibilities, provided that the actual or alleged act, 635
error, or omission did not result from intentional or willful 636
and wanton misconduct on the part of such person. 637
638
ARTICLE XV 639
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 640
641
(1) The commission shall adopt rules in order to 642
effectively and efficiently achieve the purpose of the compact. 643
In the event the commission exercises its rulemaking authority 644
in a manner that is beyond the scope of the purposes of the 645
compact, or the powers granted hereunder, such action by the 646
commission shall be invalid and have no force or effect. 647
(2) Rules deemed appropriate for the operations of the 648
commission shall be made pursuant to the rulemaking process that 649
substantially conforms to the Model State Administrative 650

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Procedure Act of 2010, and subsequent amendments thereto. 651
(3) No later than 30 days after a rule is adopted, a 652
person may file a petition for judicial review of the rule in 653
the United States District Court for the District of Columbia or 654
the federal district where the commission has its principal 655
offices, provided that the filing of such a petition does not 656
stay or otherwise prevent the rule from becoming effective, 657
unless the court finds that the petitioner has a substantial 658
likelihood of success. The court shall give deference to the 659
actions of the commission consistent with applicable law and may 660
not find the rule to be unlawful if the rule represents a 661
reasonable exercise of the authority granted to the commission. 662
663
ARTICLE XVI 664
OVERSIGHT OF INTERSTATE COMPACT 665
666
(1) The executive, legislative, and judicial branches of 667
state government in each member state shall enforce the compact 668
and shall take all actions necessary and appropriate to 669
effectuate the compact's purposes and intent. The provisions of 670
the compact and the rules adopted hereunder shall have standing 671
as statutory law but may not override existing state authority 672
to regulate the practice of podiatric medicine. 673
(2) All courts shall take judicial notice of the compact 674
and the rules in any judicial or administrative proceeding in a 675

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member state pertaining to the subject matter of the compact 676
which may affect the powers, responsibilities, or actions of the 677
commission. 678
(3) The commission shall be entitled to receive all 679
services of process in any such proceeding, and shall have 680
standing to intervene in the proceeding for all purposes. 681
Failure to provide service of process to the commission shall 682
render a judgement or order void as to the commission, the 683
compact, or adopted rules. 684
685
ARTICLE XVII 686
ENFORCEMENT OF INTERSTATE COMPACT 687
688
(1) The commission, in the reasonable exercise of its 689
discretion, shall enforce the provisions and rules of the 690
compact. 691
(2) The commission may, by majority vote of the 692
commissioners present and voting, initiate legal action in the 693
United States Court for the District of Columbia or, at the 694
discretion of the commission, in federal district where the 695
commission has its principal offices, to enforce compliance with 696
the provisions of the compact, and its adopted rules and 697
commission bylaws, against a member state in default. The relief 698
sought may include both injunctive relief and damages. In the 699
event judicial enforcement is necessary, the prevailing party 700

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shall be awarded all costs of such litigation, including 701
reasonable attorney fees. 702
(3) The remedies herein may not be the exclusive remedies 703
of the commission. The commission may avail itself of any other 704
remedies available under state law or regulation of a 705
profession. 706
707
ARTICLE XVIII 708
DEFAULT PROCEDURES 709
710
(1) The grounds for default include, but are not limited 711
to, failure of a member board to perform such obligations or 712
responsibilities imposed upon it by the compact or the rules and 713
bylaws of the commission adopted under the compact. 714
(2) If the commission determines that a member state has 715
defaulted in the performance of its obligations or 716
responsibilities under the compact, the bylaws, or adopted 717
rules, the commission shall: 718
(a) Provide written notice to the defaulting state and 719
other member states, of the nature of the default, the means of 720
curing the default, and any action taken by the commission. The 721
commission shall specify the conditions by which the defaulting 722
state must cure its default; and 723
(b) Provide remedial training and specific technical 724
assistance regarding the default. 725

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(3) If the defaulting state fails to cure the default, the 726
defaulting state shall be terminated from the compact upon an 727
affirmative vote of the majority of the commissioners present 728
and voting, and all rights, privileges, and benefits conferred 729
by the compact shall terminate on the effective date of 730
termination. A cure of the default does not relieve the 731
offending state of obligations or liabilities incurred during 732
the period of default. 733
(4) Termination of membership in the compact shall be 734
imposed only after all other means of securing compliance have 735
been exhausted. Notice of intent to terminate shall be given by 736
the commission to the Governor, the Majority and Minority 737
Leaders of the defaulting state's legislature, and each of the 738
member states. 739
(5) The commission shall establish rules and procedures to 740
address licenses and podiatric physicians that are materially 741
impacted by the termination of a member state or the withdrawal 742
of a member state. 743
(6) The member state that has been terminated is 744
responsible for all dues, obligations, and liabilities incurred 745
through the effective date of termination, including 746
obligations, the performance of which extend beyond the 747
effective date of termination. 748
(7) The commission may not bear any costs relating to any 749
state that has been found to be in default or which has been 750

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terminated from the compact, unless otherwise mutually agreed 751
upon in writing between the commission and the defaulting state. 752
(8) The defaulting state may appeal the action of the 753
commission by petitioning the United States District Court for 754
the District of Columbia or the federal district where the 755
commission has its principal offices. The prevailing party shall 756
be awarded all costs of litigation, including reasonable 757
attorney fees. 758
759
ARTICLE XIX 760
DISPUTE RESOLUTION 761
762
(1) The commission shall attempt, upon the request of a 763
member state, to resolve disputes which are subject to the 764
compact and which arise among member states or member boards. 765
(2) The commission shall adopt rules providing for both 766
mediation and binding dispute resolution, as appropriate. 767
768
ARTICLE XX 769
MEMBERSHIP, EFFECTIVE DATE, AND AMENDMENT 770
771
(1) Any state is eligible to become a member of the 772
compact. 773
(2) The compact shall become effective and binding upon 774
legislative enactment of the compact into law by at least 4 775

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states. Thereafter, it shall become effective and binding on a 776
state upon enactment of the compact into law by that state. 777
(3) The governors of nonmember states, or their designees, 778
are welcome to participate in the activities of the commission 779
on a nonvoting basis before adoption of the compact by all 780
states. 781
(4) The commission may propose amendments to the compact 782
for enactment by the member states. An amendment may not become 783
effective and binding upon the commission and other member 784
states unless and until it is enacted into law by unanimous 785
consent of the member states. 786
787
ARTICLE XXI 788
WITHDRAWAL 789
790
(1) Once effective, the compact shall continue in force 791
and remain binding upon each and every member state; however, a 792
member state may withdraw from the compact by specifically 793
repealing the statute which enacted the compact into law. 794
(2) Withdrawal from the compact shall be by the enactment 795
of a statute repealing the same, but may not take effect until 1 796
year after the effective date of such statute and until written 797
notice of the withdrawal has been given by the withdrawing state 798
to the governor of each other member state. 799
(3) The withdrawing state shall immediately notify the 800

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chairperson of the commission in writing upon the introduction 801
of legislation repealing the compact in the withdrawing state. 802
(4) The commission shall notify the other member states of 803
the withdrawing state's intent to withdraw within 60 days of its 804
receipt of notice provided under subsection (3). 805
(5) The withdrawing state is responsible for all dues, 806
obligations, and liabilities incurred throughout the effective 807
date of withdrawal, including obligations, the performance of 808
which extend beyond the effective date of withdrawal. 809
(6) Reinstatement following withdrawal of a member state 810
shall occur upon the withdrawing date reenacting the compact or 811
upon such later date as determined by the commission. 812
(7) The commission is authorized to develop rules to 813
address the impact of the withdrawal of a member state on 814
licenses granted in other member states to podiatric physicians 815
who designated the withdrawing member state as the state of 816
principal license. 817
818
ARTICLE XXII 819
DISSOLUTION 820
821
(1) The compact shall be dissolved effective upon the date 822
of the withdrawal or default of the member state which reduces 823
the membership of the compact to one member state. 824
(2) Upon the dissolution of the compact, the compact 825

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becomes null and void and shall have no further force or effect, 826
the business and affairs of the commission shall be concluded, 827
and surplus funds shall be distributed in accordance with the 828
bylaws. 829
830
ARTICLE XXIII 831
SEVERABILITY AND CONSTRUCTION 832
833
(1) The provisions of the compact shall be severable, and 834
if any phrase, clause, sentence, or provision is deemed 835
unenforceable, the remaining provisions of the compact shall be 836
enforceable. 837
(2) The provisions of the compact shall be liberally 838
construed to effectuate its purposes. 839
(3) The compact does not prohibit the applicability of 840
other interstate compacts to which the member states are 841
members. 842
843
ARTICLE XXVI 844
BINDING EFFECT OF COMPACT AND OTHER LAWS 845
846
(1) Nothing herein prevents the enforcement of any other 847
law of a member state that is not inconsistent with the compact. 848
(2) All laws in a member state in conflict with the 849
compact are superseded to the extent of the conflict. 850

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(3) All lawful actions of the commission, including all 851
rules and bylaws adopted by the commission, are binding upon all 852
member states. 853
(4) All agreements between the commission and the member 854
states are binding in accordance with their terms. 855
(5) In the event of any provision of the compact that 856
exceeds the constitutional limits imposed on the legislature of 857
any member state, such provision shall be ineffective to the 858
extent of the conflict with the constitutional provision in 859
question in that member state. 860
Section 2. This act shall take effect July 1, 2026. 861