INTERSTATE MEDICAL LICENSURE COMPACT ACT

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AN ACT
RELATING TO LICENSURE; ENACTING THE INTERSTATE MEDICAL
LICENSURE COMPACT; PROVIDING FOR THE APPOINTMENT OF
NEW MEXICO COMPACT COMMISSIONERS; REQUIRING THE PUBLIC
POSTING OF INTERSTATE COMMISSION BYLAWS, RULES, DOCUMENTS AND
MINUTES; ENACTING NEW SECTIONS OF THE MEDICAL PRACTICE ACT;
PROVIDING FOR A CONTINGENT REPEAL OF THE INTERSTATE MEDICAL
LICENSURE COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--Section 2 of this act may be
cited as the "Interstate Medical Licensure Compact".
SECTION 2. INTERSTATE MEDICAL LICENSURE COMPACT ENTERED
INTO.--The "Interstate Medical Licensure Compact" is enacted
into law and entered into on behalf of New Mexico with any
and all other states legally joining therein in a form
substantially as follows:
"INTERSTATE MEDICAL LICENSURE COMPACT
ARTICLE 1 - Definitions
In the Interstate Medical Licensure Compact:
A. "bylaws" means those bylaws established by the
interstate commission;
B. "commissioner" means the voting representative
appointed by each member board;
C. "conviction" means a finding by a court that a
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person is guilty of a criminal offense through adjudication
or entry of a plea of guilt or no contest to the charge by
the offender. Evidence of an entry of a conviction of a
criminal offense by the court shall be considered final for
purposes of disciplinary action by a member board;
D. "expedited license" means a full and
unrestricted medical license granted by a member state to an
eligible physician through the process set forth in the
Interstate Medical Licensure Compact;
E. "interstate commission" means the interstate
medical licensure compact commission;
F. "license" means authorization by a member state
for a physician to engage in the practice of medicine, which
would be unlawful without authorization;
G. "medical practice act" means laws and rules
governing the practice of allopathic and osteopathic medicine
within a member state;
H. "member board" means a state agency in a member
state that acts in the sovereign interests of the state by
protecting the public through licensure, regulation and
education of physicians as directed by the state government;
I. "member state" means a state that has enacted
the Interstate Medical Licensure Compact;
J. "offense" means a felony or misdemeanor under
the Criminal Code;
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K. "physician" means a person who:
(1) is a graduate of a medical school
accredited by the liaison committee on medical education, the
commission on osteopathic college accreditation or a medical
school listed in the World Directory of Medical Schools or
its equivalent;
(2) passed each component of the
United States medical licensing examination or the
comprehensive osteopathic medical licensing examination of
the United States within three attempts, or any of its
predecessor examinations accepted by a state medical board as
an equivalent examination for licensure purposes;
(3) successfully completed graduate medical
education approved by the accreditation council for graduate
medical education or the American osteopathic association;
(4) holds specialty certification or a
time-unlimited specialty certificate recognized by the
American board of medical specialties or the American
osteopathic association bureau of osteopathic specialists;
(5) possesses a full and unrestricted
license to engage in the practice of medicine issued by a
member board;
(6) has never been convicted or received
adjudication, deferred adjudication, community supervision or
deferred disposition for any offense by a court of
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appropriate jurisdiction;
(7) has never held a license authorizing the
practice of medicine subjected to discipline by a licensing
agency in any state, federal or foreign jurisdiction,
excluding any action related to nonpayment of fees related to
a license;
(8) has never had a controlled substance
license or permit suspended or revoked by a state or the
United States drug enforcement administration; and
(9) is not under active investigation by a
licensing agency or law enforcement authority in any state,
federal or foreign jurisdiction;
L. "practice of medicine" means that clinical
prevention, diagnosis or treatment of human disease, injury
or condition requiring a physician to obtain and maintain a
license in compliance with the medical practice act of a
member state;
M. "rule" means a written statement by the
interstate commission promulgated pursuant to Article 11 of
the Interstate Medical Licensure Compact that is of general
applicability, implements, interprets or prescribes a policy
or provision of the compact or is an organizational,
procedural or practice requirement of the interstate
commission and has the force and effect of law in a member
state, if the rule is not inconsistent with the laws of the
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member state, and includes the amendment, repeal or
suspension of an existing rule;
N. "state" means any state, commonwealth, district
or territory of the United States; and
O. "state of principal license" means a member
state in which a physician holds a license to practice
medicine and that has been designated as such by the
physician for purposes of registration and participation in
the Interstate Medical Licensure Compact.
ARTICLE 2 - Eligibility
A. A physician must meet the eligibility
requirements as defined in Subsection K of Article 1 of the
Interstate Medical Licensure Compact to receive an expedited
license under the terms and provisions of that compact.
B. A physician who does not meet the requirements
of Subsection K of Article 1 of the Interstate Medical
Licensure Compact may obtain a license to practice medicine
in a member state if the person complies with all laws and
requirements other than that compact relating to the issuance
of a license to practice medicine in that state.
ARTICLE 3 - Designation of State of Principal License
A. A physician shall designate a member state as
the state of principal license for purposes of registration
for expedited licensure through the Interstate Medical
Licensure Compact if the physician possesses a full and
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unrestricted license to practice medicine in that state, and
the state is:
(1) the state of principal residence for the
physician;
(2) the state in which at least twenty-five
percent of the physician's practice of medicine occurs;
(3) the location of the physician's
employer; or
(4) the state designated as state of
residence for the purpose of federal income tax if a state
does not qualify under Paragraph (1), (2) or (3) of this
subsection.
B. A physician may redesignate a member state as a
state of principal license at any time if the state meets the
requirements of Subsection A of this article.
C. The interstate commission is authorized to
develop rules to facilitate redesignation of another member
state as the state of principal license.
ARTICLE 4 - Application and Issuance of Expedited Licensure
A. A physician seeking licensure through the
Interstate Medical Licensure Compact shall file an
application for an expedited license with the member board of
the state selected by the physician as the state of principal
license.
B. Upon receipt of an application for an expedited
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license, the member board within the state of principal
license shall evaluate whether the physician is eligible for
expedited licensure and issue a letter of qualification,
verifying or denying the physician's eligibility, to the
interstate commission.
(1) Static qualifications, which include
verification of medical education, graduate medical
education, results of any medical or licensing examination
and other qualifications as determined by the interstate
commission through rule, shall not be subject to additional
primary-source verification if primary-source verification
has been conducted by the state of principal license.
(2) The member board of the state of
principal license shall, in the course of verifying
eligibility, perform a criminal background check of an
applicant, including the use of the results of fingerprint or
other biometric data checks compliant with the requirements
of the federal bureau of investigation, with the exception of
federal employees who have suitability determination in
accordance with 5 Code of Federal Register Section 731.202.
(3) Appeal on the determination of
eligibility shall be made to the member state where the
application was filed and shall be subject to the law of that
state.
C. Upon verification pursuant to Subsection B of
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this article, physicians eligible for an expedited license
shall complete the registration process established by the
interstate commission to receive a license in a member state
selected pursuant to Subsection A of this article, including
the payment of applicable fees.
D. After receiving verification of eligibility
pursuant to Subsection B of this article and payment of fees
pursuant to Subsection C of this article, a member board
shall issue an expedited license to the physician. This
license shall authorize the physician to practice medicine in
the issuing state consistent with the medical practice act
and all applicable laws and rules of the issuing member board
and member state.
E. An expedited license shall be valid for a
period consistent with the licensure period in the member
state and in the same manner as required for other physicians
holding a full and unrestricted license within the member
state.
F. An expedited license obtained through the
Interstate Medical Licensure Compact shall be terminated if a
physician fails to maintain the license in the state of
principal licensure for a non-disciplinary reason, without
redesignation of a new state of principal licensure.
G. The interstate commission is authorized to
develop rules regarding the application process, including
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payment of any applicable fees, and the issuance of an
expedited license.
ARTICLE 5 - Fees for Expedited Licensure
A. A member state issuing an expedited license
authorizing the practice of medicine in that state may impose
a fee for a license issued or renewed through the Interstate
Medical Licensure Compact.
B. The interstate commission is authorized to
develop rules regarding fees for expedited licenses.
ARTICLE 6 - Renewal and Continued Participation
A. A physician seeking to renew an expedited
license granted in a member state shall complete a renewal
process with the interstate commission if the physician:
(1) maintains a full and unrestricted
license in the state of principal license;
(2) has not been convicted, received
adjudication, deferred adjudication, community supervision or
deferred disposition for an offense by a court of appropriate
jurisdiction;
(3) has not had a license authorizing the
practice of medicine subject to discipline by a licensing
agency in any state, federal or foreign jurisdiction,
excluding any action related to nonpayment of fees related to
a license; and
(4) has not had a controlled substance
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license or permit suspended or revoked by a state or the
United States drug enforcement administration.
B. Physicians shall comply with all continuing
professional development or continuing medical education
requirements for renewal of a license issued by a member
state.
C. The interstate commission shall collect the
renewal fees charged for the renewal of a license and
distribute the fees to the applicable member board.
D. Upon receipt of the renewal fees collected in
Subsection C of this article, a member board shall renew the
physician's license.
E. Physician information collected by the
interstate commission during the renewal process will be
distributed to all member boards.
F. The interstate commission is authorized to
develop rules to address renewal of licenses obtained through
the Interstate Medical Licensure Compact.
ARTICLE 7 - Coordinated Information System
A. The interstate commission shall establish a
database of all physicians licensed, or who have applied for
licensure, pursuant to Article 4 of the Interstate Medical
Licensure Compact.
B. Notwithstanding any other provision of law,
member boards shall report to the interstate commission any
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public action or complaint against a licensed physician who
has applied or received an expedited license through the
Interstate Medical Licensure Compact.
C. Member boards shall report disciplinary or
investigatory information determined as necessary and proper
by rule of the interstate commission.
D. Member boards may report any nonpublic
complaint, disciplinary or investigatory information not
required by Subsection C of this article to the interstate
commission.
E. Member boards shall share complaint or
disciplinary information about a physician upon request of
another member board.
F. All information provided to the interstate
commission or distributed by member boards shall be
confidential, filed under seal and used only for
investigatory or disciplinary matters; provided that
information submitted to the New Mexico medical board is
subject to the confidentiality and transparency requirements
imposed by New Mexico law or court order.
G. The interstate commission is authorized to
develop rules for mandated or discretionary sharing of
information by member boards.
ARTICLE 8 - Joint Investigations
A. Licensure and disciplinary records of
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physicians are deemed investigative.
B. In addition to the authority granted to a
member board by its respective medical practice act or other
applicable state law, a member board may participate with
other member boards in joint investigations of physicians
licensed by the member boards.
C. If participating in a joint investigation, and
if requested by another board, the New Mexico medical board
shall issue an investigative subpoena.
D. Member boards may share investigative,
litigation or compliance materials in furtherance of any
joint or individual investigation initiated under the
Interstate Medical Licensure Compact.
E. A member state may investigate actual or
alleged violations of the statutes authorizing the practice
of medicine in any other member state in which a physician
holds a license to practice medicine.
ARTICLE 9 - Disciplinary Actions
A. A disciplinary action taken by a member board
against a physician licensed through the Interstate Medical
Licensure Compact shall be deemed unprofessional conduct that
may be subject to discipline by other member boards, in
addition to a violation of the medical practice act or rules
in that state.
B. If a license granted to a physician by the
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member board in the state of principal license is revoked,
surrendered or relinquished in lieu of discipline or
suspended, then all licenses issued to the physician by
member boards shall automatically be placed, without further
action necessary by any member board, on the same status. If
the member board in the state of principal license
subsequently reinstates the physician's license, a license
issued to the physician by any other member board shall
remain encumbered until that respective member board takes
action to reinstate the license in a manner consistent with
the medical practice act of that state.
C. If disciplinary action is taken against a
physician by a member board not in the state of principal
license, any other member board may deem the action
conclusive as to matter of law and fact decided and:
(1) impose the same or lesser sanctions
against the physician so long as such sanctions are
consistent with the medical practice act of that state; or
(2) pursue separate disciplinary action
against the physician under that state's respective medical
practice act, regardless of the action taken in other member
states.
D. If a license granted to a physician by a member
board is revoked, surrendered or relinquished in lieu of
discipline or suspended, then any licenses issued to the
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physician by other member boards shall be suspended,
automatically and immediately without further action
necessary by the other member boards, for ninety days upon
entry of the order by the disciplining board, to permit the
member boards to investigate the basis for the action under
the medical practice act of that state. A member board may
terminate the automatic suspension of the license the member
board issued prior to the completion of the ninety-day
suspension period in a manner consistent with the medical
practice act of that state.
E. A license, certification or authorization that
is automatically suspended or revoked pursuant to this
article shall be immediately reinstated if the suspension or
revocation is solely on the basis that a health care
practitioner performed, recommended or provided reproductive
health services or gender-affirming care.
ARTICLE 10 - Interstate Medical Licensure Compact Commission
A. The "interstate medical licensure compact
commission" is created by the member states in accordance
with the provisions of this article.
B. The purpose of the interstate commission is the
administration of the Interstate Medical Licensure Compact,
which is a discretionary state function.
C. The interstate commission shall be a body
corporate and joint agency of the member states and shall
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have all the responsibilities, powers and duties set forth in
the Interstate Medical Licensure Compact and such additional
powers as may be conferred upon it by a subsequent concurrent
action of the respective legislatures of the member states in
accordance with the terms of the compact.
D. The interstate commission shall consist of two
voting representatives appointed by each member state who
shall serve as commissioners. In states where allopathic and
osteopathic physicians are regulated by separate member
boards or if the licensing and disciplinary authority is
split between separate member boards or if the licensing and
disciplinary authority is split between multiple member
boards within a member state, the member state shall appoint
one representative from each member board. A commissioner
shall be:
(1) an allopathic or osteopathic physician
appointed to a member board;
(2) an executive director, executive
secretary or similar executive of a member board; or
(3) a member of the public appointed to a
member board.
E. The interstate commission shall meet at least
once each calendar year. A portion of this meeting shall be
a business meeting to address such matters as may properly
come before the commission, including the election of
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officers. The chair may call additional meetings and shall
call for a meeting upon the request of a majority of the
member states.
F. The bylaws may provide for meetings of the
interstate commission to be conducted by telecommunication or
electronic communication.
G. Each commissioner participating at a meeting of
the interstate commission is entitled to one vote. A
majority of commissioners shall constitute a quorum for the
transaction of business unless a larger quorum is required by
the bylaws of the interstate commission. A commissioner
shall not delegate a vote to another commissioner. In the
absence of a member state's commissioner, the member state
may delegate voting authority for a specified meeting to
another person from that state who shall meet the
requirements of Subsection D of this article.
H. The interstate commission shall provide public
notice of all meetings, and all meetings shall be open to the
public. The interstate commission may close a meeting, in
full or in portion, where the interstate commission
determines by a two-thirds' vote of the commissioners present
that an open meeting would be likely to:
(1) relate solely to the internal personnel
practice and procedures of the interstate commission;
(2) discuss matters specifically exempted
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from disclosure by federal statute;
(3) discuss trade secrets or commercial or
financial information that is privileged or confidential;
(4) involve accusing a person of a crime or
formally censuring a person;
(5) discuss information of a personal
nature, in which disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(6) discuss investigative records compiled
for law enforcement purposes; or
(7) specifically relate to the participation
in a civil action or other legal proceeding.
I. The interstate commission shall keep minutes
that shall fully describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions
taken, including record of any roll call votes.
J. The interstate commission shall make its
information and official records, to the extent not otherwise
designated in the Interstate Medical Licensure Compact,
available to the public for inspection.
K. The interstate commission shall establish an
executive committee that shall include officers, members and
others as determined by the bylaws. The executive committee
shall have the power to act on behalf of the interstate
commission, with the exception of rulemaking, during periods
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when the interstate commission is not in session. When
acting on behalf of the interstate commission, the executive
committee shall oversee the administration of the Interstate
Medical Licensure Compact, including enforcement and
compliance with the provisions of the compact, its bylaws and
rules and other such duties as necessary.
L. The interstate commission shall establish other
committees for governance and administration of the
Interstate Medical Licensure Compact.
ARTICLE 11 - Powers and Duties of the Interstate Commission
The interstate commission shall have the duty and power
to:
A. oversee and maintain the administration of the
Interstate Medical Licensure Compact;
B. adopt rules, which shall be binding to the
extent and in the manner provided in the Interstate Medical
Licensure Compact;
C. issue, upon the request of a member state or
member board, advisory opinions concerning the meaning or
interpretation of the Interstate Medical Licensure Compact,
its bylaws, rules and actions;
D. enforce compliance with Interstate Medical
Licensure Compact provisions, the rules promulgated by the
interstate commission and the bylaws, using all necessary and
proper means, including the use of judicial process;
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E. establish and appoint committees, including an
executive committee as required by Article 10 of the
Interstate Medical Licensure Compact, which shall have the
power to act on behalf of the interstate commission in
carrying out the interstate commission's powers and duties;
F. pay, or provide for the payment of, the
expenses related to the establishment, organization and
ongoing activities of the interstate commission;
G. establish and maintain one or more offices;
H. borrow, accept, hire or contract for services
of personnel;
I. purchase and maintain insurance and bonds;
J. employ an executive director who shall have
such powers to employ, select or appoint employees, agents or
consultants and to determine their qualifications, define
their duties and fix their compensation;
K. establish personnel policies and programs
relating to conflicts of interest, rates of compensation and
qualifications of personnel;
L. accept donations and grants of money,
equipment, supplies, materials and services and to receive,
utilize and dispose of donations and grants of money,
equipment, supplies, materials and services in a manner
consistent with the conflict of interest policies established
by the interstate commission;
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M. lease, purchase, accept contributions or
donations of or otherwise to own, hold, improve or use any
property, real, personal or mixed;
N. sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real,
personal or mixed;
O. establish a budget and make expenditures;
P. adopt a seal and bylaws governing the
management and operation of the interstate commission;
Q. report annually to the legislatures and
governors of the member states concerning the activities of
the interstate commission during the preceding year. Such
reports shall also include reports of financial audits and
any recommendations that may have been adopted by the
interstate commission;
R. coordinate education, training and public
awareness regarding the Interstate Medical Licensure Compact,
its implementation and its operation;
S. maintain records in accordance with the bylaws;
T. seek and obtain trademarks, copyrights and
patents; and
U. perform such functions as may be necessary or
appropriate to achieve the purpose of the Interstate Medical
Licensure Compact.
ARTICLE 12 - Finance Powers
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A. The interstate commission may levy on and
collect an annual assessment from each member state or member
board to cover the cost of the operations and activities of
the interstate commission and its staff. The total
assessment must be sufficient to cover the annual budget
approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be
allocated upon a formula to be determined by the interstate
commission, which shall promulgate a rule binding upon all
member states.
B. The interstate commission shall not incur
obligations of any kind prior to securing the funds adequate
to meet the same.
C. The interstate commission shall not pledge the
credit of any of the member states, except by, and with the
authority of, the member state.
D. The interstate commission shall be subject to a
yearly financial audit conducted by a certified or licensed
accountant, and the report of the audit shall be included in
the annual report of the interstate commission.
ARTICLE 13 - Organization and Operation of the Interstate
Commission
A. The interstate commission shall, by a majority
of commissioners present and voting, adopt bylaws to govern
the interstate commission's conduct as may be necessary or
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appropriate to carry out the purposes of the Interstate
Medical Licensure Compact within twelve months of the first
interstate commission meeting.
B. The interstate commission shall elect or
appoint annually from among its commissioners a chair, a vice
chair and a treasurer, each of whom shall have such authority
and duties as may be specified in the bylaws. The chair or,
in the chair's absence or disability, the vice chair, shall
preside at all meetings of the interstate commission.
C. Officers selected pursuant to Subsection B of
this article shall serve without remuneration from the
interstate commission.
D. The officers and employees of the interstate
commission shall not be liable or subject to suit, either
personally or in their official capacity, when acting within
the scope of such person's employment or duties for acts,
errors or omissions occurring within such person's state.
Nothing in this subsection shall be construed to protect such
person from suit or liability for damage, loss, injury or
liability caused by the intentional or willful and wanton
misconduct of such person.
E. The interstate commission shall defend,
indemnify and hold harmless the executive director and the
director's employees according to the interstate commission's
rules and bylaws. The executive director and employees of
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the interstate commission shall be held harmless in the
amount of a settlement or judgment, including attorney fees
and costs, obtained against such persons arising out of an
actual or alleged act, error or omission that occurred within
the scope of the interstate commission employment, duties or
responsibilities, or that such persons had a reasonable basis
for believing occurred within the scope of interstate
commission employment, duties or responsibilities; provided
that the actual or alleged act, error or omission did not
result from intentional or willful and wanton misconduct on
the part of such person.
F. The liability of the interstate commission
within any member state may not exceed the limits of
liability set forth under the constitution and laws of that
state for state officials, employees and agents. The
interstate commission is considered to be an instrumentality
of the states for the purpose of any such action.
ARTICLE 14 - Rulemaking Functions of the Interstate
Commission
A. The interstate commission shall promulgate
reasonable rules to effectively and efficiently achieve the
purpose of the Interstate Medical Licensure Compact; provided
that in the event the interstate commission exercises
rulemaking authority in a manner that is beyond the scope of
the purposes of that compact or the powers granted by that
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compact, then such an action by the interstate commission
shall be invalid and have no force or effect.
B. Rules deemed appropriate for the operations of
the interstate commission shall be made pursuant to a
rulemaking process that substantially conforms to the model
state administrative procedure act of 2010 and subsequent
amendments to that act.
C. No later than thirty days after a rule is
promulgated, a person may file a petition for judicial review
of the rule in the United States district court for the
District of Columbia, federal courts of New Mexico or the
federal district where the interstate commission has its
principal offices; provided that the filing of such a
petition shall not stay or otherwise prevent the rule from
becoming effective unless the court finds that the petitioner
has a substantial likelihood of success.
ARTICLE 15 - Oversight of Interstate Medical Licensure
Compact
A. Each member state shall enforce the Interstate
Medical Licensure Compact and shall take all actions
necessary and appropriate to effectuate the compact's
purposes and intent. The provisions of that compact and the
rules promulgated pursuant to that compact shall have
standing as law but shall not override existing state
authority to regulate the practice of medicine.
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B. All courts shall give deference and take
judicial notice of the Interstate Medical Licensure Compact
and rules promulgated pursuant to that compact in any
judicial or administrative proceeding in a member state
pertaining to the subject matter of that compact that may
affect the powers, responsibilities or actions of the
interstate commission.
C. The interstate commission shall be entitled to
receive all services of process in such proceeding and shall
have standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the
interstate commission shall render a judgment or order void
as to the interstate commission, the Interstate Medical
Licensure Compact or promulgated rules.
ARTICLE 16 - Enforcement of Interstate Medical Licensure
Compact
A. The interstate commission, in the reasonable
exercise of its discretion, shall enforce the provisions and
rules of the Interstate Medical Licensure Compact.
B. The interstate commission may, by majority vote
of the commissioners, initiate legal action in the
United States district court for the District of Columbia,
federal courts of New Mexico or, at the discretion of the
interstate commission, in the federal district where the
interstate commission has its principal offices, to enforce
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compliance with the provisions of the Interstate Medical
Licensure Compact, and its promulgated rules and bylaws,
against a member state in default. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable
attorney fees.
C. The remedies provided in this article shall not
be the exclusive remedies of the interstate commission. The
interstate commission may avail itself of any other remedies
available under state law or regulation of a profession.
ARTICLE 17 - Default Procedures
A. The grounds for default include failure of a
member state to perform such obligations or responsibilities
imposed upon the member state by the Interstate Medical
Licensure Compact or the rules and bylaws of the interstate
commission promulgated pursuant to that compact.
B. If the interstate commission determines that a
member state has defaulted in the performance of the member
state's obligations or responsibilities under the Interstate
Medical Licensure Compact, or the bylaws or promulgated
rules, the interstate commission shall:
(1) provide written notice to the defaulting
state and other member states of the nature of the default,
the means of curing the default and any action taken by the
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interstate commission. The interstate commission shall
specify the conditions by which the defaulting state must
cure its default; and
(2) provide remedial training and specific
technical assistance regarding the default.
C. If the defaulting state fails to cure the
default, the defaulting state shall be terminated from the
Interstate Medical Licensure Compact upon an affirmative vote
of a majority of the commissioners, and all rights,
privileges and benefits conferred by the compact shall
terminate on the effective date of termination. A cure of
the default does not relieve the offending state of
obligations or liabilities incurred during the period of the
default.
D. Termination of membership in the Interstate
Medical Licensure Compact shall be imposed only after all
other means of securing compliance have been exhausted.
Notice of intent to terminate shall be given by the
interstate commission to the governor, the majority and
minority leaders of the defaulting state's legislature and
each of the member states.
E. The interstate commission shall establish rules
and procedures to address licenses and physicians that are
materially impacted by the termination of a member state or
the withdrawal of a member state.
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F. The member state that has been terminated is
responsible for all dues, obligations and liabilities
incurred through the effective date of termination, including
obligations related to mutually agreed-upon performance that
extend beyond the effective date of termination.
G. The interstate commission shall not bear any
costs relating to any state that has been found to be in
default or that has been terminated from the Interstate
Medical Licensure Compact unless otherwise mutually agreed
upon in writing between the interstate commission and the
defaulting state.
H. The interstate commission shall not issue a
fine or penalty to a state for being in default, unless the
fine or penalty is authorized by a court order.
I. The defaulting state may appeal the action of
the interstate commission by petitioning the United States
district court for the District of Columbia, federal courts
of New Mexico or the federal district where the interstate
commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney fees.
ARTICLE 18 - Dispute Resolution
A. The interstate commission shall attempt, upon
the request of a member state, to resolve disputes that are
subject to the Interstate Medical Licensure Compact and that
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may arise among member states or member boards.
B. The interstate commission shall promulgate
rules providing for both mediation and binding dispute
resolution as appropriate.
ARTICLE 19 - Member States, Effective Date and Amendment
A. Any state is eligible to become a member of the
Interstate Medical Licensure Compact.
B. The Interstate Medical Licensure Compact shall
become effective and binding upon legislative enactment of
the compact into law by no less than seven states.
Thereafter, it shall become effective and binding on a state
upon enactment of the compact into law by that state.
C. The governors of nonmember states, or the
governors' designees, shall be invited to participate in the
activities of the interstate commission on a nonvoting basis
prior to adoption of the Interstate Medical Licensure Compact
by all states.
D. The interstate commission may propose
amendments to the Interstate Medical Licensure Compact for
enactment by the member states. No amendment shall become
effective and binding upon the interstate commission and the
member states unless and until the amendment is enacted into
law by unanimous consent of the member states.
ARTICLE 20 - Withdrawal
A. Once effective, the Interstate Medical
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Licensure Compact shall continue in force and remain binding
upon each member state; provided that a member state may
withdraw from the compact by specifically repealing the
statute that enacted the compact into law.
B. Withdrawal from the Interstate Medical
Licensure Compact shall be by the enactment of a statute
repealing the compact. Legislation enacted for the purposes
of withdrawing from the compact shall provide for a wind-up
period that lasts at least one year after the effective date
of the legislation to allow the member board of the
withdrawing state to wind up its affairs with the commission
and provide written notice of the withdrawal to the governor
of each other member state.
C. The withdrawing state shall immediately notify
the chair of the interstate commission in writing upon the
introduction of legislation to repeal the Interstate Medical
Licensure Compact in the withdrawing state.
D. The interstate commission shall notify the
other member states of the withdrawing state's intent to
withdraw within sixty days of receipt of notice provided
under Subsection C of this article.
E. The withdrawing state is responsible for all
dues, obligations and liabilities incurred through the
effective date of withdrawal, including obligations related
to mutually agreed-upon performance that extend beyond the
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effective date of withdrawal.
F. Reinstatement following withdrawal of a member
state shall occur upon the withdrawing state reenacting the
Interstate Medical Licensure Compact or upon such later date
as determined by a vote of the interstate commission.
G. The interstate commission is authorized to
develop rules to address the impact of the withdrawal of a
member state on licenses granted in other member states to
physicians who designated the withdrawing member state as the
state of principal license.
ARTICLE 21 - Dissolution
A. The Interstate Medical Licensure Compact shall
dissolve effective upon the date of the withdrawal or default
of the member state that reduces the membership of the
compact to one member state.
B. Upon the dissolution of the Interstate Medical
Licensure Compact, the compact becomes void and shall be of
no further force, and the business and affairs of the
interstate commission shall be concluded and surplus funds
shall be distributed in accordance with the bylaws.
ARTICLE 22 - Severability and Construction
A. The provisions of the Interstate Medical
Licensure Compact shall be severable, and if any phrase,
clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
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B. The provisions of the Interstate Medical
Licensure Compact shall be liberally construed to effectuate
the purposes of that compact.
C. Nothing in the Interstate Medical Licensure
Compact shall be construed to prohibit the applicability of
other interstate compacts to which the member states are
members.
ARTICLE 23 - Binding Effect of the Interstate Medical
Licensure Compact and Other Laws
A. Nothing in the Interstate Medical Licensure
Compact prevents the enforcement of any other law of a member
state that is not inconsistent with that compact.
B. All laws in a member state in conflict with the
Interstate Medical Licensure Compact are superseded to the
extent of the conflict.
C. All lawful actions of the interstate
commission, including all rules and bylaws promulgated by the
interstate commission, are binding upon the member states.
D. All agreements between the interstate
commission and the member states are binding in accordance
with their terms.
E. If any provision of this compact exceeds the
constitutional limits imposed on the legislature of any
member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in
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question in that member state.
ARTICLE 24 - Preservation of State Authority
A. This compact creates a new pathway for
physician licensure in this state but does not otherwise
change or limit the effect of the Medical Practice Act.
B. This compact adopts the prevailing standard for
licensure and affirms that the practice of medicine occurs
where the patient is located at the time of a
physician-patient encounter and, therefore, requires the
physician to be under the jurisdiction of the state medical
board where the patient is located.
C. A state medical board that participates in this
compact retains the authority to impose an adverse action
against a license to practice medicine in that state,
including licenses issued to physicians through procedures
provided by this compact.".
SECTION 3. A new section of the Medical Practice Act is
enacted to read:
"PARTICIPATION IN COMPACT AS CONDITION OF EMPLOYMENT
PROHIBITED.--An employer shall not require a physician
licensed in this state pursuant to the Medical Practice Act
to seek licensure through the Interstate Medical Licensure
Compact as a condition of initial or continued employment as
an allopathic or osteopathic physician in this state. An
employer may require that a physician obtain and maintain a
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license to practice allopathic or osteopathic medicine in
multiple states if the physician is free to obtain and
maintain the licenses by any means authorized by the laws of
the respective states."
SECTION 4. A new section of the Medical Practice Act is
enacted to read:
"APPOINTMENT OF INTERSTATE MEDICAL LICENSURE COMPACT
COMMISSIONERS--DUTIES.--
A. The governor shall appoint two members of the
board who are licensed physicians to serve on the Interstate
Medical Licensure Compact commission. One member shall be a
medical doctor and one member shall be an osteopathic
physician. A member shall serve until the member's successor
has been appointed and qualified. Each member serves at the
pleasure of the governor or until the member is no longer a
member of the New Mexico medical board. If a position is
vacated, the position shall be filled by appointment by the
governor of a medical board member who meets the
qualification of the vacating member.
B. The governor may appoint an alternative
commissioner who meets the qualifications of Subsection D of
Article 10 of the Interstate Medical Licensure Compact to
serve in the absence of a regular commissioner and who has
voting authority only for a specified meeting of the
interstate commission.
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C. If a meeting, or a portion of a meeting, of the
Interstate Medical Licensure Compact commission is closed
pursuant to Subsection H of Article 10 of the Interstate
Medical Licensure Compact, commissioners appointed pursuant
to this section shall request the commission's legal counsel
or designee to certify that the meeting may be closed by
citing each provision of that subsection that is applicable.
Commissioners may satisfy this subsection by making a motion,
or voting in the affirmative on a motion, to have the
interstate commission's legal counsel or designee certify
that the meeting may be closed.
D. Any time the Interstate Medical Licensure
Compact commission is voting on what to include in the
interstate commission's minutes, commissioners appointed
pursuant to this section shall vote to include in the
minutes:
(1) all actions taken by the commission and
the reasons for each action, including a description of the
views expressed; and
(2) identification of all documents
considered by the commission that relate to an action taken
by the commission."
SECTION 5. A new section of the Medical Practice Act is
enacted to read:
"BOARD OBLIGATIONS--PUBLIC POSTING.--The board shall
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post on the board's public website:
A. copies of the Interstate Medical Licensure
Compact commission's current bylaws and rules;
B. notice of any Interstate Medical Licensure
Compact commission action that may affect the license of a
physician in this state within thirty days of the
commission's action being taken; and
C. any minutes or documents of the Interstate
Medical Licensure Compact commission that are released
pursuant to a vote of the commission. All minutes and
documents of a closed meeting of the Interstate Medical
Licensure Compact commission shall remain under seal, subject
to release by a majority vote of the commission or an order
of a court of competent jurisdiction."
SECTION 6. A new section of the Medical Practice Act is
enacted to read:
"JOINT INVESTIGATIONS--INVESTIGATIVE SUBPOENAS.--
A. The board may enter into joint investigations
with other state medical boards pursuant to the Interstate
Medical Licensure Compact; provided that participation in the
joint investigation is governed by a written agreement among
the board and the other participating medical boards.
B. When participating in a joint investigation,
the board shall not issue an investigative subpoena that
conflicts with the Reproductive and Gender-Affirming Health
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Care Protection Act."
SECTION 7. CONTINGENT REPEAL.--
A. Sections 1 through 6 of this 2026 act are
repealed if a state or federal court of New Mexico finds that
a rule or decision of the Interstate Medical Licensure
Compact commission, or a court order regarding a rule or
decision relating to the Interstate Medical Licensure
Compact, would change the scope of practice of a physician or
the definition of unprofessional conduct for a physician in a
manner that is inconsistent with the Medical Practice Act or
any other state law relating to the practice of medicine. A
person who is or may be affected by a rule or decision at
issue under this subsection shall have standing to seek a
determination by the district court.
B. The New Mexico medical board shall certify to
the director of the legislative council service and the
executive director of the New Mexico compilation commission
the date on which the action described in Subsection A of
this section occurs.
C. Repeal of the Interstate Medical Licensure
Compact pursuant to this section constitutes this state's
immediate withdrawal from the Interstate Medical Licensure
Compact. The New Mexico medical board shall send written
notification of withdrawal to the governor of each other
state that has enacted this compact.
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D. The New Mexico medical board, or a member of
the legislature, may request in writing that the attorney
general review the actions of the Interstate Medical
Licensure Compact commission or a court ruling relating to
the enforcement of the Interstate Medical Licensure Compact.
E. In the event of a repeal pursuant to this
section, the provisions of Article 20 of the Interstate
Medical Licensure Compact shall remain in effect and govern
the withdrawal.