Read the full stored bill text
House
File
930
-
Introduced
HOUSE
FILE
930
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
291)
A
BILL
FOR
An
Act
enacting
the
interstate
podiatric
medical
licensure
1
compact.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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930
Section
1.
NEW
SECTION
.
147J.1
Interstate
podiatric
medical
1
licensure
compact.
2
1.
Purpose.
In
order
to
strengthen
access
to
health
care,
3
and
in
recognition
of
the
advances
in
the
delivery
of
health
4
care,
the
member
states
of
the
interstate
podiatric
medical
5
licensure
compact
have
allied
in
common
purpose
to
develop
a
6
comprehensive
process
that
complements
the
existing
licensing
7
and
regulatory
authority
of
state
podiatric
medical
boards,
8
provides
a
streamlined
process
that
allows
podiatric
physicians
9
to
become
licensed
in
multiple
states,
thereby
enhancing
the
10
portability
of
a
podiatric
medical
license
and
ensuring
the
11
safety
of
patients.
The
compact
creates
another
pathway
for
12
licensure
and
does
not
otherwise
change
a
state’s
existing
13
podiatric
medical
practice
act.
The
compact
also
adopts
the
14
prevailing
standard
for
licensure
and
affirms
that
the
practice
15
of
podiatric
medicine
occurs
where
the
patient
is
located
16
at
the
time
of
the
podiatric
physician-patient
encounter,
17
and
therefore,
requires
the
podiatric
physician
to
be
under
18
the
jurisdiction
of
the
state
podiatric
medical
board
where
19
the
patient
is
located.
State
podiatric
medical
boards
that
20
participate
in
the
compact
retain
the
jurisdiction
to
impose
21
an
adverse
action
against
a
license
to
practice
podiatric
22
medicine
in
that
state
issued
to
a
podiatric
physician
through
23
the
procedures
in
the
compact.
24
2.
Definitions.
In
this
compact:
25
a.
“Bylaws”
means
those
bylaws
established
by
the
interstate
26
commission
pursuant
to
subsection
11.
27
b.
“Commissioner”
means
the
voting
representative
appointed
28
by
each
member
board
pursuant
to
subsection
11.
29
c.
“Conviction”
means
a
finding
by
a
court
that
30
an
individual
is
guilty
of
a
criminal
offense
through
31
adjudication,
or
entry
of
a
plea
of
guilt
or
no
contest
to
the
32
charge
by
the
offender.
Evidence
of
an
entry
of
conviction
of
33
a
criminal
offense
by
the
court
shall
be
considered
final
for
34
purposes
of
disciplinary
action
by
a
member
board.
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d.
“Criminal
background
check”
means
that
the
member
board
1
is
authorized
to
obtain
a
federal
bureau
of
investigations
2
biometric
based
federal
criminal
records
check
information
3
report
from
the
authorized
state
agency
for
the
exclusive
4
purpose
of
determining
eligibility
for
certification
of
5
qualification
that
would
allow
for
an
expedited
license.
6
e.
“Expedited
license”
means
a
full
unrestricted
podiatric
7
medical
license
granted
by
a
member
state
to
an
eligible
8
podiatric
physician
through
the
process
set
forth
in
the
9
compact.
10
f.
“Federal
criminal
records
check
information”
means
any
11
information
obtained
by
a
member
board
from
the
federal
bureau
12
of
investigation
relating
to
a
federal
criminal
records
check
13
performed
by
a
member
board
under
Pub.
L.
No.
92-544.
14
g.
“Interstate
commission”
means
the
interstate
commission
15
created
pursuant
to
subsection
11.
16
h.
“License”
means
authorization
by
a
member
state
for
a
17
podiatric
physician
to
engage
in
the
practice
of
podiatric
18
medicine,
which
would
be
unlawful
without
authorization.
19
i.
“Member
board”
means
a
state
agency
in
a
member
state
20
that
acts
in
the
sovereign
interest
of
the
state
by
protecting
21
the
public
through
licensure,
regulation,
and
education
of
22
podiatric
physicians
as
directed
by
the
state
government.
23
j.
“Member
state”
means
a
state
which
has
enacted
this
24
compact.
25
k.
“Offense”
means
a
felony
or
gross
misdemeanor
which
26
is
the
result
of
intentional,
willful,
reckless
misconduct
27
and
which
occurred
less
than
ten
years
ago,
or
a
misdemeanor
28
related
to
the
practice
of
podiatry.
29
l.
“Podiatric
medical
practice
act”
means
laws
and
30
regulations
governing
the
practice
of
podiatric
medicine
within
31
a
member
state.
32
m.
“Podiatric
physician”
means
a
person
who
meets
all
of
the
33
following
requirements:
34
(1)
Is
a
graduate
of
a
podiatric
medical
school
accredited
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by
the
council
of
podiatric
medical
education.
1
(2)
Passed
parts
I,
II,
and
III
of
the
national
board
of
2
podiatric
medical
examiners’
or
American
podiatric
medical
3
licensing
examination,
or
their
recognized
replacement
4
examinations.
5
(3)
Successfully
complete
a
podiatric
residency
program
6
approved
by
the
council
on
podiatric
medical
education.
7
(4)
Holds
a
specialty
certification
from
a
specialty
board
8
recognized
by
the
council
on
podiatric
medical
education.
9
(5)
Possesses
a
full
and
unrestricted
license
to
engage
in
10
the
practice
of
podiatric
medicine
issued
by
a
member
board.
11
(6)
Has
never
been
convicted,
received
adjudication,
12
deferred
adjudication,
community
supervision,
or
deferred
13
disposition
for
any
offense
by
a
court
of
appropriate
14
jurisdiction.
15
(7)
Has
never
held
a
license
authorizing
the
practice
16
of
podiatric
medicine
subjected
to
discipline
by
a
licensing
17
agency
in
any
state,
federal,
or
foreign
jurisdiction,
18
excluding
any
action
related
to
the
nonpayment
of
fees
related
19
to
a
license.
20
(8)
Has
never
had
a
controlled
substance
license
or
permit
21
suspended
or
revoked
by
a
state
or
the
United
States
drug
22
enforcement
administration
or
voluntarily
surrendered
such
23
license
after
notification
of
investigation.
24
(9)
Is
not
under
active
investigation
by
a
licensing
agency
25
or
law
enforcement
authority
in
any
state,
federal,
or
foreign
26
jurisdiction.
27
n.
“Practice
of
podiatric
medicine”
means
that
clinical
28
prevention,
diagnosis,
or
treatment
of
human
disease,
injury,
29
or
condition
requiring
a
podiatric
physician
to
obtain
and
30
maintain
a
license
in
compliance
with
the
podiatric
medical
31
practice
act
of
a
member
state.
32
o.
“Rule”
means
a
written
statement
by
the
interstate
33
commission
promulgated
pursuant
to
subsection
12
of
the
compact
34
that
is
of
general
applicability,
implements,
interprets,
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or
prescribes
a
policy
or
provision
of
the
compact,
or
an
1
organizational,
procedural,
or
practice
requirement
of
2
the
interstate
commission,
and
has
the
force
and
effect
of
3
statutory
law
in
a
member
state,
and
includes
the
amendment,
4
repeal,
or
suspension
of
an
existing
rule.
5
p.
“State”
means
any
state,
commonwealth,
district,
or
6
territory
of
the
United
States.
7
q.
“State
of
principal
license”
means
a
member
state
where
8
a
podiatric
physician
holds
a
license
to
practice
podiatric
9
medicine
and
which
has
been
designated
by
such
a
podiatric
10
physician
for
purposes
of
registration
and
participation
in
the
11
compact.
12
3.
Eligibility.
13
a.
A
podiatric
physician
must
meet
the
eligibility
14
requirements
as
defined
in
subsection
2,
paragraph
“m”
,
to
15
receive
an
expedited
licensure
under
the
terms
and
provisions
16
of
the
compact.
17
b.
A
podiatric
physician
who
does
not
meet
the
requirements
18
of
subsection
2,
paragraph
“m”
,
may
obtain
a
license
to
practice
19
podiatric
medicine
in
a
member
state
if
the
individual
complies
20
with
all
laws
and
requirements,
other
than
the
compact,
21
relating
to
the
issuance
of
a
license
to
practice
podiatric
22
medicine
in
that
state.
23
4.
Designation
of
state
of
principal
license.
24
a.
A
podiatric
physician
shall
designate
a
member
state
as
25
the
state
of
principal
license
for
purposes
of
registration
26
for
expedited
licensure
through
the
compact
if
the
podiatric
27
physician
possesses
a
full
and
unrestricted
license
to
practice
28
podiatric
medicine
in
that
state,
and
the
state
is
any
of
the
29
following:
30
(1)
The
state
of
principal
residence
for
the
podiatric
31
physician.
32
(2)
The
state
where
at
least
twenty-five
percent
of
the
33
podiatric
physician’s
practice
of
podiatric
medicine
occurs.
34
(3)
The
location
of
the
podiatric
physician’s
employer.
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(4)
If
no
state
qualifies
under
subparagraph
(1),
(2),
or
1
(3),
the
state
designated
as
state
of
residence
for
purpose
of
2
federal
income
tax.
3
b.
A
podiatric
physician
may
redesignate
a
member
state
as
4
state
of
principal
license
at
any
time,
so
long
as
the
state
5
meets
the
requirements
of
paragraph
“a”
.
6
c.
The
interstate
commission
is
authorized
to
develop
rules
7
to
facilitate
redesignation
of
another
member
state
as
the
8
state
of
principal
license.
9
5.
Application
and
issuance
of
expedited
licensure.
10
a.
A
podiatric
physician
seeking
licensure
through
the
11
compact
shall
file
an
application
for
an
expedited
license
12
with
the
member
board
of
the
state
selected
by
the
podiatric
13
physician
as
the
state
of
principal
license.
14
b.
Upon
receipt
of
an
application
for
an
expedited
license,
15
the
member
board
within
the
state
selected
as
the
state
16
of
principal
license
shall
evaluate
whether
the
podiatric
17
physician
is
eligible
for
expedited
licensure
and
issue
a
18
letter
of
qualification,
verifying
or
denying
the
podiatric
19
physician’s
eligibility
to,
and
in
the
manner
established
20
through
rule
by,
the
interstate
commission.
21
(1)
Static
qualifications,
which
include
verification
22
of
podiatric
medical
education,
podiatric
graduate
medical
23
education,
results
of
any
podiatric
medical
licensing
24
examination,
and
other
qualifications
as
determined
by
the
25
interstate
commission
through
rule,
shall
not
be
subject
to
26
additional
primary
source
verification
where
already
primary
27
source
verified
by
the
state
of
principal
license.
28
(2)
The
member
board
within
the
state
selected
as
the
29
state
of
principal
license
shall,
in
the
course
of
verifying
30
eligibility,
perform
a
criminal
background
check
of
an
31
applicant,
including
the
use
of
results
of
fingerprint
or
other
32
biometric
data
checks
compliant
with
the
requirements
of
the
33
federal
bureau
of
investigation
with
the
exception
of
federal
34
employees
who
have
a
suitability
determination
in
accordance
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with
5
C.F.R.
§731.202.
1
(a)
Communication
between
a
member
board
and
the
interstate
2
commission
and
communication
between
member
boards
regarding
3
the
verification
of
eligibility
in
subsection
3
through
the
4
compact
shall
not
include
any
information
received
from
the
5
federal
bureau
of
investigation
relating
to
a
federal
criminal
6
records
check
performed
by
a
member
board
under
Pub.
L.
No.
7
92-544,
including
federal
criminal
records
check
information.
8
(b)
Federal
bureau
of
investigation
information
obtained
9
by
a
member
board
shall
not
be
shared
with
the
interstate
10
commission.
11
(3)
Appeal
of
the
determination
of
eligibility
shall
be
made
12
to
the
member
state
where
the
application
was
filed
and
shall
13
be
subject
to
the
law
of
that
state.
14
c.
Upon
receipt
by
a
member
board
of
verification
15
as
provided
in
paragraph
“b”
of
a
podiatric
physician’s
16
eligibility
for
an
expedited
license,
the
podiatric
physician
17
shall
complete
the
registration
process
established
by
the
18
interstate
commission
to
receive
a
license
in
a
member
state
19
selected
pursuant
to
paragraph
“a”
,
including
the
payment
of
any
20
applicable
fees.
21
d.
After
receiving
verification
of
eligibility
under
22
paragraph
“b”
and
any
fees
under
paragraph
“c”
,
a
member
board
23
shall
issue
an
expedited
license
to
the
podiatric
physician.
24
This
license
shall
authorize
the
podiatric
physician
to
25
practice
podiatric
medicine
in
the
issuing
state
consistent
26
with
the
podiatric
medical
practice
act
and
all
applicable
laws
27
and
regulations
of
the
issuing
member
board
and
member
state.
28
e.
An
expedited
license
shall
be
valid
for
a
period
29
consistent
with
the
licensure
period
in
the
member
state
and
30
in
the
same
manner
as
required
for
other
podiatric
physicians
31
holding
a
full
and
unrestricted
license
within
the
member
32
state.
33
f.
An
expedited
license
obtained
through
the
compact
34
shall
be
terminated
if
a
podiatric
physician
fails
to
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maintain
a
license
in
the
state
of
principal
licensure
for
a
1
nondisciplinary
reason,
without
redesignation
of
a
new
state
2
of
principal
licensure.
3
g.
The
interstate
commission
is
authorized
to
develop
4
rules
regarding
the
application
process,
including
payment
5
of
any
applicable
fees,
and
the
reporting
of
the
issuance
6
of
an
expedited
license
by
a
member
board
to
the
interstate
7
commission.
8
6.
Fees
for
expedited
licensure.
9
a.
A
member
state
issuing
an
expedited
license
authorizing
10
the
practice
of
podiatric
medicine
in
that
state
may
impose
a
11
fee
for
a
license
issued
or
renewed
through
the
compact.
12
b.
The
interstate
commission
is
authorized
to
develop
rules
13
regarding
fees
for
expedited
licenses.
14
7.
Renewal
and
continued
participation.
15
a.
A
podiatric
physician
seeking
to
renew
an
expedited
16
license
granted
in
a
member
state
shall
complete
a
renewal
17
process
with
the
interstate
commission
if
the
podiatric
18
physician
meets
all
of
the
following
requirements:
19
(1)
Maintains
a
full
and
unrestricted
license
in
a
state
of
20
principal
license.
21
(2)
Has
not
been
convicted,
received
adjudication,
deferred
22
adjudication,
community
supervision,
or
deferred
disposition
23
for
any
offense
by
a
court
of
appropriate
jurisdiction.
24
(3)
Has
not
had
a
license
authorizing
the
practice
of
25
podiatric
medicine
subject
to
discipline
by
a
licensing
agency
26
in
any
state,
federal,
or
foreign
jurisdiction,
or
voluntarily
27
surrendered
such
license
in
lieu
of
discipline,
excluding
any
28
action
related
to
nonpayment
of
fees
related
to
a
license.
29
(4)
Has
not
had
a
controlled
substance
license
or
permit
30
suspended
or
revoked
by
a
state
or
the
United
States
drug
31
enforcement
administration
or
voluntarily
surrendered
such
32
license
or
permit
after
notification
of
investigation.
33
b.
Podiatric
physicians
shall
comply
with
all
continuing
34
professional
development
or
continuing
medical
education
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requirements
for
renewal
of
a
license
issued
by
a
member
state.
1
c.
The
interstate
commission
shall
collect
any
renewal
fees
2
charged
for
the
renewal
of
a
license
and
distribute
the
fees
3
to
the
applicable
member
board.
4
d.
Upon
receipt
of
any
renewal
fees
collected
pursuant
5
to
paragraph
“c”
,
a
member
board
shall
renew
the
podiatric
6
physician’s
license.
7
e.
Podiatric
physician
information
collected
by
the
8
interstate
commission
during
the
renewal
process
shall
be
9
distributed
to
all
member
boards.
10
f.
The
interstate
commission
is
authorized
to
develop
rules
11
to
address
renewal
of
licenses
obtained
through
the
compact.
12
8.
Coordinated
information
system.
13
a.
The
interstate
commission
shall
establish
a
database
14
of
all
podiatric
physicians
licensed,
or
who
have
applied
for
15
licensure,
pursuant
to
subsection
5.
16
b.
Notwithstanding
any
other
provision
of
law
to
the
17
contrary,
member
boards
shall
report
to
the
interstate
18
commission
any
public
action
or
public
complaints
against
a
19
licensed
podiatric
physician
who
has
applied
or
received
an
20
expedited
license
through
the
compact.
21
c.
Member
boards
shall
report
disciplinary
or
investigatory
22
information
determined
necessary
and
proper
by
rule
of
the
23
interstate
commission.
24
d.
Member
boards
may
report
any
nonpublic
complaint,
25
disciplinary,
or
investigatory
information
not
required
by
26
paragraph
“c”
to
the
interstate
commission.
27
e.
Member
boards
shall
share
complaint
or
disciplinary
28
information
about
a
podiatric
physician
upon
request
of
another
29
member
board.
30
f.
All
information
provided
to
the
interstate
commission
or
31
distributed
by
member
boards
shall
be
confidential,
filed
under
32
seal,
and
used
only
for
investigatory
or
disciplinary
matters.
33
g.
The
interstate
commission
is
authorized
to
develop
rules
34
for
mandated
or
discretionary
sharing
of
information
by
member
35
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boards.
1
9.
Joint
investigations.
2
a.
Licensure
and
disciplinary
records
of
podiatric
3
physicians
are
deemed
investigative.
4
b.
In
addition
to
the
authority
granted
to
a
member
board
5
by
its
respective
podiatric
medical
practice
act
or
other
6
applicable
state
law,
a
member
board
may
participate
with
other
7
member
boards
in
joint
investigations
of
podiatric
physicians
8
licensed
by
the
member
boards.
9
c.
A
subpoena
issued
by
a
member
state
as
part
of
a
joint
10
investigation
shall
be
enforceable
in
other
member
states.
11
d.
Member
boards
may
share
any
investigative,
litigation,
or
12
compliance
materials
in
furtherance
of
any
joint
or
individual
13
investigation
initiated
under
the
compact.
14
e.
Any
member
state
may
investigate
an
actual
or
alleged
15
violation
of
the
statutes
authorizing
the
practice
of
podiatric
16
medicine
in
any
other
member
state
in
which
a
podiatric
17
physician
holds
a
license
to
practice
podiatric
medicine.
18
10.
Disciplinary
actions.
19
a.
Any
conduct
for
which
any
disciplinary
action
is
taken
by
20
any
member
board
against
a
podiatric
physician
licensed
through
21
the
compact
shall
be
deemed
unprofessional
conduct
which
may
22
be
subject
to
discipline
by
other
member
boards,
in
addition
23
to
any
violation
of
the
podiatric
medical
practice
act
or
24
regulations
in
that
state.
25
b.
If
a
license
granted
to
a
podiatric
physician
by
a
member
26
board
in
the
state
of
principal
license
is
revoked,
surrendered
27
or
relinquished
in
lieu
of
discipline,
or
suspended,
then
all
28
licenses
issued
to
the
podiatric
physician
by
member
boards
29
shall
automatically
be
placed,
without
further
action
necessary
30
by
any
member
board,
on
the
same
status.
If
the
member
board
31
in
the
state
of
principal
license
subsequently
reinstates
32
the
podiatric
physician’s
license,
a
license
issued
to
the
33
podiatric
physician
by
any
other
member
board
shall
remain
34
encumbered
until
that
respective
member
board
takes
action
to
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reinstate
the
license
in
a
manner
consistent
with
the
podiatric
1
medical
practice
act
of
that
state.
2
c.
If
disciplinary
action
is
taken
against
a
podiatric
3
physician
by
a
member
board
not
in
a
state
of
principal
4
license,
any
other
member
board
may
deem
the
action
conclusive
5
as
to
matters
of
law
and
fact
decided
and
do
any
of
the
6
following:
7
(1)
Impose
the
same
or
lesser
sanction
against
the
podiatric
8
physician
so
long
as
such
sanctions
are
consistent
with
the
9
podiatric
medical
practice
act
of
that
state.
10
(2)
Pursue
separate
disciplinary
action
against
the
11
podiatric
physician
under
its
respective
podiatric
medical
12
practice
act,
regardless
of
the
action
taken
in
other
member
13
states.
14
d.
If
a
license
granted
to
a
podiatric
physician
by
a
15
member
board
is
revoked,
surrendered
or
relinquished
in
16
lieu
of
discipline,
or
suspended,
then
any
license
issued
17
to
a
podiatric
physician
by
any
other
member
board
shall
be
18
suspended,
automatically
and
immediately
without
further
action
19
necessary
by
the
other
member
board
for
ninety
days
upon
20
entry
of
the
order
by
the
disciplining
board,
to
permit
the
21
member
board
to
investigate
the
basis
for
the
action
under
the
22
podiatric
medical
practice
act
of
that
state.
23
e.
A
member
board
may
terminate
the
automatic
suspension
24
under
paragraph
“b”
or
“d”
of
a
license
it
issued,
in
a
manner
25
consistent
with
the
podiatric
medical
practice
act
of
that
26
state.
27
11.
Interstate
podiatric
medical
licensure
compact
28
commission.
29
a.
The
member
states
hereby
create
the
interstate
podiatric
30
medical
licensure
compact
commission.
31
b.
The
purpose
of
the
interstate
commission
is
the
32
administration
of
the
interstate
podiatric
medical
licensure
33
compact,
which
is
a
discretionary
state
function.
34
c.
The
interstate
commission
shall
be
a
body
corporate
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and
joint
agency
of
the
member
states
and
shall
have
all
the
1
responsibilities,
powers,
and
duties
set
forth
in
the
compact,
2
and
such
additional
powers
as
may
be
conferred
upon
it
by
a
3
subsequent
concurrent
action
of
the
respective
legislatures
of
4
the
member
states
in
accordance
with
the
terms
of
the
compact.
5
d.
The
interstate
commission
shall
consist
of
one
voting
6
representative
appointed
by
each
member
state
who
shall
7
serve
as
a
commissioner.
A
commissioner
shall
be
any
of
the
8
following:
9
(1)
A
podiatric
physician
appointed
to
a
member
board.
10
(2)
An
executive
director,
executive
secretary,
or
similar
11
executive
of
a
member
board.
12
(3)
A
member
of
the
public
appointed
to
a
member
board.
13
e.
The
interstate
commission
shall
meet
at
least
once
each
14
calendar
year.
A
portion
of
this
meeting
shall
be
a
business
15
meeting
to
address
such
matters
as
may
properly
come
before
16
the
commission,
including
the
election
of
officers.
The
17
chairperson
may
call
additional
meetings
and
shall
call
for
a
18
meeting
upon
the
request
of
a
majority
of
the
member
states.
19
f.
The
bylaws
may
provide
for
meetings
of
the
interstate
20
commission
to
be
conducted,
in
whole
or
in
part,
via
21
teleconference,
video
conference,
or
other
electronic
means
by
22
which
all
participants
can
hear
each
other
simultaneously
and
23
participate
effectively.
Attendance
by
such
electronic
means
24
shall
constitute
presence
in
person
at
the
meeting.
25
g.
Each
commissioner
participating
at
a
meeting
of
the
26
interstate
commission
is
entitled
to
one
vote.
A
majority
of
27
commissioners
shall
constitute
a
quorum
for
the
transaction
28
of
business,
unless
a
larger
quorum
is
required
by
the
bylaws
29
of
the
interstate
commission.
A
commissioner
shall
not
30
delegate
a
vote
to
another
commissioner.
In
the
absence
of
its
31
commissioner,
a
member
state
may
delegate
voting
authority
for
32
a
specified
meeting
to
another
person
from
that
state
who
shall
33
meet
the
requirements
of
paragraph
“d”
.
34
h.
The
interstate
commission
shall
provide
public
notice
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of
all
meetings
and
all
meetings
shall
be
open
to
the
public.
1
The
interstate
commission
may
close
a
meeting,
in
full
or
2
in
portion,
where
it
determines
by
a
two-thirds
vote
of
the
3
commissioners
present
that
any
open
meeting
would
be
likely
to
4
do
any
of
the
following:
5
(1)
Relate
solely
to
the
internal
personnel
practice
and
6
procedures
of
the
interstate
commission.
7
(2)
Discuss
matters
specifically
exempted
from
disclosure
8
by
federal
statute.
9
(3)
Discuss
a
trade
secret,
commercial,
or
financial
10
information
that
is
privileged
or
confidential.
11
(4)
Involve
accusing
a
person
of
a
crime,
or
formally
12
censuring
a
person.
13
(5)
Discuss
information
of
a
personal
nature
where
14
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
15
personal
privacy.
16
(6)
Discuss
investigative
records
compiled
for
law
17
enforcement
purposes.
18
(7)
Specifically
relate
to
the
participation
in
a
civil
19
action
or
other
legal
proceeding.
20
i.
The
interstate
commission
shall
keep
minutes
which
shall
21
fully
describe
all
matters
discussed
in
a
meeting
and
shall
22
provide
a
full
and
accurate
summary
of
actions
taken,
including
23
record
of
any
roll
call
votes.
24
j.
The
interstate
commission
shall
make
its
information
25
and
official
records,
to
the
extent
not
otherwise
designated
26
in
the
compact
or
by
its
rules,
available
to
the
public
for
27
inspection.
28
k.
The
interstate
commission
shall
establish
an
executive
29
committee,
which
shall
include
officers,
members,
and
others
as
30
determined
by
the
bylaws.
The
executive
committee
shall
have
31
the
power
to
act
on
behalf
of
the
interstate
commission
with
32
the
exception
of
rulemaking,
during
periods
when
the
interstate
33
commission
is
not
in
session.
When
acting
on
behalf
of
the
34
interstate
commission,
the
executive
committee
shall
oversee
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the
administration
of
the
compact,
including
enforcement
and
1
compliance
with
the
provisions
of
the
compact,
its
bylaws
and
2
rules,
and
other
such
duties
as
necessary.
3
l.
The
interstate
commission
shall
establish
other
4
committees
for
governance
and
administration
of
the
compact.
5
12.
Powers
and
duties
of
the
interstate
commission.
The
6
interstate
commission
shall
have
all
of
the
following
powers
7
and
duties:
8
a.
Oversee
and
maintain
the
administration
of
the
compact.
9
b.
Promulgate
rules
which
shall
be
binding
to
the
extent
and
10
in
the
manner
provided
for
in
the
compact.
11
c.
Issue,
upon
the
request
of
a
member
state
or
12
member
board,
advisory
opinions
concerning
the
meeting
or
13
interpretation
of
the
compact,
its
bylaws,
rules,
and
actions.
14
d.
Enforce
compliance
with
compact
provisions,
the
rules
15
promulgated
by
the
interstate
commission,
and
the
bylaws,
using
16
all
necessary
and
proper
means,
including
but
not
limited
to
17
the
use
of
judicial
process.
18
e.
Establish
and
appoint
committees
including
but
not
19
limited
to
an
executive
committee
as
required
by
subsection
11,
20
which
shall
have
the
power
to
act
on
behalf
of
the
interstate
21
commission
in
carrying
out
its
powers
and
duties.
22
f.
Pay,
or
provide
for
the
payment
of
the
expenses
related
23
to
the
establishment,
organization,
and
ongoing
activities
of
24
the
interstate
commission.
25
g.
Establish
and
maintain
one
or
more
offices.
26
h.
Borrow,
accept,
hire,
or
contract
for
services
of
27
personnel.
28
i.
Purchase
and
maintain
insurance
and
bonds.
29
j.
Employ
an
executive
director
who
shall
have
the
power
to
30
employ,
select
or
appoint
employees,
agents,
consultants,
and
31
to
determine
their
qualifications,
define
their
duties,
and
fix
32
their
compensation.
33
k.
Establish
personnel
policies
and
programs
relating
to
34
conflicts
of
interest,
rates
of
compensation,
and
qualification
35
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of
personnel.
1
l.
Accept
donations
and
grants
of
money,
equipment,
2
supplies,
materials,
and
services
to
receive,
utilize,
and
3
dispose
of
it
in
a
manner
consistent
with
the
conflict
of
4
interest
policies
established
by
the
interstate
commission.
5
m.
Lease,
purchase,
accept
contributions
or
donations
of,
or
6
otherwise
to
own,
hold,
improve,
or
use,
any
property,
real,
7
personal,
or
mixed.
8
n.
Sell,
convey,
mortgage,
pledge,
lease,
exchange,
abandon,
9
or
otherwise
dispose
of
any
property,
real,
personal,
or
mixed.
10
o.
Establish
a
budget
and
make
expenditures.
11
p.
Adopt
a
seal
and
bylaws
governing
the
management
and
12
operation
of
the
interstate
commission.
13
q.
Report
annually
to
the
legislatures
and
governors
of
14
the
member
states
concerning
the
activities
of
the
interstate
15
commission
during
the
preceding
year.
Such
reports
shall
also
16
include
reports
of
financial
audits,
and
financial
statements,
17
and
any
recommendations
that
may
have
been
adopted
by
the
18
interstate
commission.
19
r.
Coordinate
education,
training,
and
public
awareness
20
regarding
the
compact,
its
implementation,
and
its
operation.
21
s.
Maintain
records
in
accordance
with
the
bylaws.
22
t.
Seek
and
obtain
trademarks,
copyrights,
and
patents.
23
u.
Perform
such
functions
as
may
be
necessary
or
appropriate
24
to
achieve
the
purpose
of
the
compact.
25
13.
Finance
powers.
26
a.
The
interstate
commission
may
levy
on
and
collect
an
27
annual
assessment
from
each
member
state
to
cover
the
cost
of
28
the
operations
and
activities
of
the
interstate
commission
and
29
its
staff.
The
total
assessment
must
be
sufficient
to
cover
30
the
annual
budget
approved
each
year
for
which
revenue
is
not
31
provided
by
other
sources.
The
aggregate
annual
assessment
32
amount
shall
be
allocated
upon
a
formula
to
be
determined
33
by
the
interstate
commission,
which
shall
promulgate
a
rule
34
binding
upon
all
member
states.
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b.
The
interstate
commission
shall
not
incur
obligations
of
1
any
kind
prior
to
securing
the
funds
adequate
to
meet
the
same.
2
c.
The
interstate
commission
shall
not
pledge
the
credit
or
3
any
of
the
member
states,
except
by,
and
with
the
authority
of,
4
the
member
state.
5
d.
The
interstate
commission
shall
maintain
financial
6
records
in
accordance
with
the
bylaws,
including
profit
and
7
loss
statements
and
balance
sheet
reports
which
shall
be
8
included
in
the
annual
report
of
the
interstate
commission.
9
14.
Organization
and
operation
of
the
interstate
commission.
10
a.
The
interstate
commission
shall,
by
a
majority
of
11
commissioners
present
and
voting,
adopt
bylaws
to
govern
its
12
conduct
as
may
be
necessary
or
appropriate
to
carry
out
the
13
purposes
of
the
compact
within
twelve
months
of
the
first
14
interstate
commission
meeting.
15
b.
The
interstate
commission
shall
elect
or
appoint
annually
16
from
among
its
commissioners
a
chairperson,
a
vice
chairperson,
17
and
a
treasurer,
each
of
whom
shall
have
such
authority
and
18
duties
as
may
be
specified
in
the
bylaws.
The
chairperson,
19
or
in
the
chairperson’s
absence
or
disability,
the
vice
20
chairperson
shall
preside
at
all
meetings
of
the
interstate
21
commission.
22
c.
Officers
selected
pursuant
to
paragraph
“b”
shall
serve
23
without
remuneration
from
the
interstate
commission.
24
d.
The
officers
and
employees
of
the
interstate
commission
25
shall
be
immune
from
suit
and
liability,
either
personally
26
or
in
their
official
capacity,
for
a
claim
for
damage
to
or
27
loss
of
property
or
personal
injury
or
other
civil
liability
28
caused
or
arising
out
of,
or
relating
to,
an
actual
or
alleged
29
act,
error,
or
omission
that
occurred,
or
that
such
person
30
had
a
reasonable
basis
for
believing
occurred,
within
the
31
scope
of
the
interstate
commission
employment,
duties,
or
32
responsibilities;
provided
that
such
person
shall
not
be
33
protected
from
suit
or
liability
for
damage,
loss,
injury,
34
or
liability
caused
by
the
intentional
or
willful
and
wanton
35
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misconduct
of
such
person.
1
e.
The
liability
of
the
executive
director
and
employees
of
2
the
interstate
commission
or
representatives
of
the
interstate
3
commission,
acting
within
the
scope
of
such
person’s
employment
4
or
duties
for
acts,
errors,
or
omissions
occurring
within
such
5
person’s
state,
may
not
exceed
the
limits
of
liability
set
6
forth
under
the
constitution
and
laws
of
that
state
for
state
7
officials,
employees,
and
agents.
The
interstate
commission
8
is
considered
to
be
an
instrumentality
of
the
states
for
the
9
purpose
of
such
action.
Nothing
in
this
paragraph
shall
be
10
construed
to
protect
such
person
from
suit
or
liability
for
11
damage,
loss,
injury,
or
liability
caused
by
the
intentional
or
12
willful
and
wanton
misconduct
of
such
person.
13
f.
The
interstate
commission
shall
defend
the
executive
14
director,
its
employees,
and
subject
to
the
approval
of
15
the
attorney
general
or
other
appropriate
legal
counsel
of
16
the
member
state
represented
by
the
interstate
commission
17
representative,
shall
defend
such
interstate
commission
18
representative
in
any
civil
action
seeking
to
impose
liability
19
arising
out
of
an
actual
or
alleged
act,
error,
or
omission
20
that
occurred
within
the
scope
of
interstate
commission
21
employment,
duties,
or
responsibilities,
or
that
the
defendant
22
had
a
reasonable
basis
for
believing
occurred
within
the
23
scope
of
the
interstate
commission
employment,
duties,
or
24
responsibilities,
provided
that
the
actual
or
alleged
act,
25
error,
or
omission
did
not
result
from
intentional
or
willful
26
and
wanton
misconduct
on
the
part
of
such
person.
27
g.
To
the
extent
not
covered
by
the
state
involved,
member
28
state,
or
the
interstate
commission,
the
representatives
or
29
employees
of
the
interstate
commission
shall
be
held
harmless
30
in
the
amount
of
a
settlement
or
judgment,
including
attorney
31
fees
and
costs,
obtained
against
such
persons
arising
out
of
an
32
actual
or
alleged
act,
error,
or
omission
that
occurred
within
33
the
scope
of
the
interstate
commission
employment,
duties,
34
or
responsibilities,
or
that
such
persons
had
a
reasonable
35
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basis
for
believing
occurred
within
the
scope
of
interstate
1
commission
employment,
duties,
or
responsibilities,
provided
2
that
the
actual
or
alleged
act,
error,
or
omission
did
not
3
result
from
intentional
or
willful
and
wanton
misconduct
on
the
4
part
of
such
person.
5
15.
Rulemaking
functions
of
the
interstate
commission.
6
a.
The
interstate
commission
shall
promulgate
rules
in
7
order
to
effectively
and
efficiently
achieve
the
purpose
of
8
the
compact.
Notwithstanding
the
foregoing,
in
the
event
the
9
interstate
commission
exercises
its
rulemaking
authority
in
a
10
manner
that
is
beyond
the
scope
of
the
purposes
of
the
compact,
11
or
the
powers
granted
hereunder,
then
such
an
action
by
the
12
interstate
commission
shall
be
invalid
and
have
no
force
or
13
effect.
14
b.
Rules
deemed
appropriate
for
the
operations
of
the
15
interstate
commission
shall
be
made
pursuant
to
the
rulemaking
16
process
that
substantially
conforms
to
the
model
state
17
administrative
procedure
Act
of
2010,
and
subsequent
amendments
18
thereto.
19
c.
Not
later
than
thirty
days
after
a
rule
is
promulgated,
20
any
person
may
file
a
petition
for
judicial
review
of
the
21
rule
in
the
United
States
district
court
for
the
District
22
of
Columbia
or
the
federal
district
where
the
interstate
23
commission
has
its
principal
office,
provided
that
the
filing
24
of
such
a
petition
shall
not
stay
or
otherwise
prevent
the
25
rule
from
becoming
effective
unless
the
court
finds
that
the
26
petitioner
has
a
substantial
likelihood
of
success.
The
27
court
shall
give
deference
to
the
actions
of
the
interstate
28
commission
consistent
with
applicable
law
and
shall
not
find
29
the
rule
to
be
unlawful
if
the
rule
represents
a
reasonable
30
exercise
of
the
authority
granted
to
the
interstate
commission.
31
16.
Oversight
of
interstate
compact.
32
a.
The
executive,
legislative,
and
judicial
branches
33
of
state
government
in
each
member
state
shall
enforce
the
34
compact
and
shall
take
all
actions
necessary
and
appropriate
to
35
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930
effectuate
the
compact’s
purposes
and
intent.
The
provisions
1
of
the
compact
and
the
rules
promulgated
hereunder
shall
have
2
standing
as
statutory
law
but
shall
not
override
existing
state
3
authority
to
regulate
the
practice
of
podiatric
medicine.
4
b.
All
courts
shall
take
judicial
notice
of
the
compact
and
5
the
rules
in
any
judicial
or
administrative
proceeding
in
a
6
member
state
pertaining
to
the
subject
matter
of
the
compact
7
which
may
affect
the
powers,
responsibilities,
or
actions
of
8
the
interstate
commission.
9
c.
The
interstate
commission
shall
be
entitled
to
receive
10
all
service
of
process
in
any
such
proceeding,
and
shall
have
11
standing
to
intervene
in
the
proceeding
for
all
purposes.
12
Failure
to
provide
service
of
process
to
the
interstate
13
commission
shall
render
judgment
or
order
void
as
to
the
14
interstate
commission,
the
compact,
or
promulgated
rules.
15
17.
Enforcement
of
interstate
compact.
16
a.
The
interstate
commission,
in
the
reasonable
exercise
of
17
its
discretion,
shall
enforce
the
provisions
and
rules
of
the
18
compact.
19
b.
The
interstate
commission
may,
by
majority
vote
of
20
the
commissioners
present
and
voting,
initiate
legal
action
21
in
the
United
States
district
court
for
the
District
of
22
Columbia,
or,
at
the
discretion
of
the
interstate
commission,
23
in
federal
district
court
where
the
interstate
commission
has
24
its
principal
office,
to
enforce
compliance
with
the
provisions
25
of
the
compact,
and
its
promulgated
rules
and
bylaws,
against
26
a
member
state
in
default.
The
relief
sought
may
include
27
both
injunctive
relief
and
damages.
In
the
event
judicial
28
enforcement
is
necessary,
the
prevailing
party
shall
be
awarded
29
all
costs
of
such
litigation
including
reasonable
attorney
30
fees.
31
c.
The
remedies
herein
shall
not
be
the
exclusive
remedies
32
of
the
interstate
commission.
The
interstate
commission
may
33
avail
itself
of
any
other
remedies
available
under
state
law
34
or
regulation
of
a
profession.
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18.
Default
procedures.
1
a.
The
grounds
for
default
include
but
are
not
limited
2
to
failure
of
a
member
board
to
perform
such
obligations
or
3
responsibilities
imposed
upon
it
by
the
compact,
or
the
rules
4
and
bylaws
of
the
interstate
commission
promulgated
under
the
5
compact.
6
b.
If
the
interstate
commission
determines
that
a
member
7
state
has
defaulted
in
the
performance
of
its
obligations
8
or
responsibilities
under
the
compact,
or
the
bylaws
or
9
promulgated
rules,
the
interstate
commission
shall
do
all
of
10
the
following:
11
(1)
Provide
written
notice
to
the
defaulting
state
and
12
other
member
states,
of
the
nature
of
the
default,
the
means
13
of
curing
the
default,
and
any
action
taken
by
the
interstate
14
commission.
The
interstate
commission
shall
specify
the
15
conditions
by
which
the
defaulting
state
must
cure
its
default.
16
(2)
Provide
remedial
training
and
specific
technical
17
assistance
regarding
the
default.
18
c.
If
the
defaulting
state
fails
to
cure
the
default,
19
the
defaulting
state
shall
be
terminated
from
the
compact
20
upon
an
affirmative
vote
of
the
majority
of
the
commissioners
21
present
and
voting,
and
all
rights,
privileges,
and
benefits
22
conferred
by
the
compact
shall
terminate
on
the
effective
date
23
of
termination.
A
cure
of
the
default
does
not
relieve
the
24
offending
state
of
obligations
or
liabilities
incurred
during
25
the
period
of
default.
26
d.
Termination
of
membership
in
the
compact
shall
be
imposed
27
only
after
all
other
means
of
securing
compliance
have
been
28
exhausted.
Notice
of
intent
to
terminate
shall
be
given
by
29
the
interstate
commission
to
the
governor,
the
majority
and
30
minority
leaders
of
the
defaulting
state’s
legislature,
and
31
each
of
the
member
states.
32
e.
The
interstate
commission
shall
establish
rules
and
33
procedures
to
address
licenses
and
podiatric
physicians
that
34
are
materially
impacted
by
the
termination
of
a
member
state,
35
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or
the
withdrawal
of
a
member
state.
1
f.
The
member
state
which
has
been
terminated
is
responsible
2
for
all
dues,
obligations,
and
liabilities
incurred
through
3
the
effective
date
of
termination
including
obligations,
the
4
performance
of
which
extends
beyond
the
effective
date
of
5
termination.
6
g.
The
interstate
commission
shall
not
bear
any
costs
7
relating
to
any
state
that
has
been
found
to
be
in
default
or
8
which
has
been
terminated
from
the
compact,
unless
otherwise
9
mutually
agreed
upon
in
writing
between
the
interstate
10
commission
and
the
defaulting
state.
11
h.
The
defaulting
state
may
appeal
the
action
of
the
12
interstate
commission
by
petitioning
the
United
States
district
13
court
for
the
District
of
Columbia
or
the
federal
district
14
court
where
the
interstate
commission
has
its
principal
office.
15
The
prevailing
party
shall
be
awarded
all
costs
of
litigation
16
including
reasonable
attorney
fees.
17
19.
Dispute
resolution.
18
a.
The
interstate
commission
shall
attempt,
upon
the
request
19
of
a
member
state,
to
resolve
disputes
which
are
subject
to
the
20
compact
and
which
arise
among
member
states
or
member
boards.
21
b.
The
interstate
commission
shall
promulgate
rules
22
providing
for
both
mediation
and
binding
dispute
resolution
as
23
appropriate.
24
20.
Member
states,
effective
date,
and
amendment.
25
a.
Any
state
is
eligible
to
become
a
member
of
the
compact.
26
b.
The
compact
shall
become
effective
and
binding
upon
27
legislative
enactment
of
the
compact
into
law
by
no
less
than
28
four
states.
Thereafter,
it
shall
become
effective
and
binding
29
on
a
state
upon
enactment
of
the
compact
into
law
by
that
30
state.
31
c.
The
governors
of
nonmember
states,
or
their
designees,
32
shall
be
welcome
to
participate
in
the
activities
of
the
33
interstate
commission
on
a
nonvoting
basis
prior
to
adoption
34
of
the
compact
by
all
states.
35
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930
d.
The
interstate
commission
may
propose
amendments
to
the
1
compact
for
enactment
by
the
member
states.
No
amendment
shall
2
become
effective
and
binding
upon
the
interstate
commission
and
3
other
member
states
unless
and
until
it
is
enacted
into
law
by
4
unanimous
consent
of
the
member
states.
5
21.
Withdrawal.
6
a.
Once
effective,
the
compact
shall
continue
in
force
and
7
remain
binding
upon
each
and
every
member
state;
provided
that
8
a
member
state
may
withdraw
from
the
compact
by
specifically
9
repealing
the
statute
which
enacted
the
compact
into
law.
10
b.
Withdrawal
from
the
compact
shall
be
by
the
enactment
11
of
a
statute
repealing
the
same,
but
shall
not
take
effect
12
until
one
year
after
the
effective
date
of
such
statute
and
13
until
written
notice
of
the
withdrawal
has
been
given
by
the
14
withdrawing
state
to
the
governor
of
each
member
state.
15
c.
The
withdrawing
state
shall
immediately
notify
the
16
chairperson
of
the
interstate
commission
in
writing
upon
the
17
introduction
of
legislation
repealing
the
compact
in
the
18
withdrawing
state.
19
d.
The
interstate
commission
shall
notify
the
other
member
20
states
of
the
withdrawing
state’s
intent
to
withdraw
within
21
sixty
days
of
its
receipt
of
notice
provided
pursuant
to
22
paragraph
“c”
.
23
e.
The
withdrawing
state
is
responsible
for
all
dues,
24
obligations,
and
liabilities
incurred
throughout
the
effective
25
date
of
withdrawal,
including
obligations,
the
performance
of
26
which
extend
beyond
the
effective
date
of
withdrawal.
27
f.
Reinstatement
following
withdrawal
of
a
member
state
28
shall
occur
upon
the
withdrawing
date
reenacting
the
compact
29
or
upon
such
later
date
as
determined
by
the
interstate
30
commission.
31
g.
The
interstate
commission
is
authorized
to
develop
rules
32
to
address
the
impact
of
the
withdrawal
of
a
member
state
on
33
licenses
granted
in
other
member
states
to
podiatric
physicians
34
who
designated
the
withdrawing
member
state
as
the
state
of
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principal
license.
1
22.
Dissolution.
2
a.
The
compact
shall
be
dissolved
effective
upon
the
date
of
3
the
withdrawal
or
default
of
the
member
state
which
reduces
the
4
membership
of
the
compact
to
one
member
state.
5
b.
Upon
the
dissolution
of
the
compact,
the
compact
becomes
6
null
and
void
and
shall
be
of
no
further
force
or
effect,
and
7
the
business
and
affairs
of
the
interstate
commission
shall
be
8
concluded,
and
surplus
funds
shall
be
distributed
in
accordance
9
with
the
bylaws.
10
23.
Severability
and
construction.
11
a.
The
provisions
of
the
compact
shall
be
severable,
12
and
if
any
phrase,
clause,
sentence,
or
provision
is
deemed
13
unenforceable,
the
remaining
provisions
of
the
compact
shall
14
be
enforceable.
15
b.
The
provisions
of
the
compact
shall
be
liberally
16
construed
to
effectuate
its
purposes.
17
c.
Nothing
in
the
compact
shall
be
construed
to
prohibit
the
18
applicability
of
other
interstate
compacts
to
which
the
member
19
states
are
members.
20
24.
Binding
effect
of
compact
and
other
laws.
21
a.
Nothing
herein
prevents
the
enforcement
of
any
other
law
22
of
a
member
state
that
is
not
inconsistent
with
the
compact.
23
b.
All
laws
in
a
member
state
in
conflict
with
the
compact
24
are
superseded
to
the
extent
of
the
conflict.
25
c.
All
lawful
actions
of
the
interstate
commission,
26
including
all
rules
and
bylaws
promulgated
by
the
commission,
27
are
binding
upon
all
member
states.
28
d.
All
agreements
between
the
interstate
commission
and
the
29
member
states
are
binding
in
accordance
with
their
terms.
30
e.
In
the
event
of
any
provision
of
the
compact
that
exceeds
31
the
constitutional
limits
imposed
on
the
legislature
of
any
32
member
state,
such
provision
shall
be
ineffective
to
the
extent
33
of
the
conflict
with
the
constitutional
provision
in
question
34
in
that
member
state.
35
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H.F.
930
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
establishes
the
interstate
podiatric
medical
4
licensure
compact.
5
The
compact
establishes
a
system
whereby
a
podiatrist
6
licensed
to
practice
in
one
participating
state
may
receive
7
an
expedited
license
to
practice
in
another
participating
8
state.
The
compact
imposes
certain
minimum
requirements
on
the
9
licensure
of
podiatrists
in
participating
states.
10
The
compact
creates
a
commission
to
administer
the
operation
11
of
the
compact.
The
commission
is
an
instrumentality
of
the
12
participating
states.
The
compact
includes
provisions
relating
13
to
the
establishment
and
membership
of
the
commission;
powers
14
of
the
commission;
meetings
and
voting
requirements
of
the
15
commission;
commission
bylaws
and
rules;
commission
committees;
16
commission
finances;
the
establishment
of
a
data
system;
17
compacting
state
compliance;
venue
for
judicial
proceedings;
18
defense
and
indemnification;
effective
dates
and
amendments
to
19
the
compact;
withdrawal,
default,
and
expulsion;
severability
20
and
construction;
and
the
binding
effect
of
the
compact
and
21
other
laws.
22
The
compact
becomes
effective
upon
the
adoption
of
the
23
compact
by
the
fourth
participating
state.
24
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