Interstate medical licensure compact.

ORIGINAL
House
Bill No
.
HB0107

ENROLLED ACT NO.
56
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to professions and occupations; adopting the Interstate Medical Licensure Compact; requiring reporting; making a conforming amendment; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
26
‑
701
through
33
‑
26
‑
70
3

are
created to read:

AR
TICLE 7
INTERSTATE MEDICAL LICENSURE COMPACT

33
‑
26
‑
701
.

Short title.

This act
shall be known and
may be cited as
t
he
"
Interstate Medical Licensure
C
ompact
.
"

33
‑
26
‑
702
.

Compact
provisions generally.

The
I
nterstate
M
edical
L
icens
ure
C
ompact is enacted into law and entered into on behalf of this state with all other states legally joining in the compact in a form substantially as follows.

ARTICLE I
Purpose

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

ARTICLE

II
D
efinitions

(a)

In this compact:

(
i
)

"
Bylaws
"
means those bylaws established by the
interstate c
ommission pursuant to
article

XI
for its governance
or
for directing and controlling its actions and conduct
;

(
ii
)

"
Commissioner
"
means the voting representative appointed by each member board pursuant to
article XI
;

(
iii
)

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

(
iv
)

"
Expedited
l
icense
"
means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the
compact;

(
v
)

"
Interstate
c
ommission
"
means the interstate commission created pursuant to
article

XI
;

(
vi
)

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

(
vii
)

"
Medical
p
ractice
a
ct
"
means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state
;

(
viii
)

"
Member
b
oard
"
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
x
)

"
Member
s
tate
"
means a state that has enacted the
compact;

(
x
)

"
Practice of
m
edicine
"
means the clinical prevention, diagnosis
or
treatment of human disease, injury
or
condition requiring a physician to obtain and maintain a license in compliance with the
medical practice act
of a member state
;

(
xi
)

"
Physician
"
means any person who:

(
A
)

Is a graduate of a medical school accredited by the
l
iaison
c
ommittee on
m
edical
e
ducation, the
c
ommission on
o
steopathic
c
ollege
a
ccreditation
or
a medical school listed in the
i
nternational
m
edical
e
ducation
d
irectory or its equivalent;

(
B
)

Passed each component of the United States
medical licensing e
xamination (USMLE) or the
c
omprehensive
o
steopathic
m
edical
l
icensing
e
xamination (COMLEX
‑
USA) within three
(3)
attempts
or
any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(
C)

Successfully completed graduate medical education approved by the
a
ccreditation
c
ouncil for
g
raduate
m
edical
e
ducation or the
American

o
steopathic
a
ssociation;

(
D
)

Holds specialty certification or a time

unlimited specialty certificate recognized by the
American

b
oard of
m
edical
s
pecialties or the
American

o
steopathic
a
ssociation
'
s
b
ureau of
o
steopathic
s
pecialists;

(
E
)

Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(
F
)

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

(
G
)

Has never held a license authorizing the practice of 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;

(
H
)

Has never had a controlled substance license or permit suspended or revoked by a state or the United States
d
rug
e
nforcement
a
dministration; and

(
J
)

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

(
xii
)

"
Offense
"
means a felony, gross misdemeanor
or
crime of moral turpitude
;

(
xiii
)

"
Rule
"
means a written statement by the
interstate commission
promulgated pursuant to
article

XII
of the
compact
that is of general applicability, implements, interprets
or
prescribes a policy or provision of the
compact
or
an organizational, procedural
or
practice requirement of the
interstate commission
, and has the force and effect of statutory law in a member state
and
includes the amendment, repeal
or
suspension of an existing rule
;

(
xiv
)

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

(
xv
)

"
State of
p
rincipal
l
icense
"
means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the
compact
.

ARTICLE

III
E
ligibility

(a
)

A physician must meet the eligibility requirements as defined in
article

II
(
a)(xi)
to receive an expedited license under the terms and provisions of the
compact
.

(b
)

A physician who does not meet the requirements of
article

II
(
a
)
(xi)
may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the
compact
, relating to the issuance of a license to practice medicine in that state.

ARTICLE

IV
D
esignation 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
compact
if the physician possesses a full and unrestricted license to practice medicine in that state
and
the state is:

(
i
)

T
he state of primary residence for the physician
;

(
ii
)

T
he state where at least
twenty
‑
five percent (
25%
)
of the practice of medicine occurs
;

(
iii
)

T
he location of the physician
'
s employer
;
or

(
iv
)

I
f no state qualifies under
paragraph

(a)
(
i
), (
ii
)
or
(
iii
)

of this article
, the state designated as state of residence for purpose of federal income tax.

(b
)

A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in 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

V
A
pplication and issuance of expedited licensure

(a
)

A physician seeking licensure through the
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 license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician
'
s eligibility, to the
interstate commission
, subject to the following:

(i
)

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 where primary source
s have already been
verified by the state of principal license
;

(ii
)

The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a
criminal background
check of an applicant, including the use of the results of fingerprint or other
biometric data checks compliant with the requirements of the
f
ederal
b
ureau of
i
nvestigation, with the exception of federal employees who have suitability determination in accordance with
5
C
.
F
.
R
.
§

731.202
;

(iii
)

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
under
subsection
(b)
of 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 any applicable fees.

(d
)

After receiving verification of eligibility under subsection (b
)
of this article
and any fees under 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 regulations 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 though the
compact
shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.

(g
)

The
interstate commission
is authorized to develop rules regarding the application process, including payment of any applicable fees
and
the issuance of an expedited license.

ARTICLE

VI
F
ees 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
compact
.

(b
)

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

ARTICLE

VII
R
enewal 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:

(
i)

Maintains a full and unrestricted license in a state of principal license;

(
ii)

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

(
iii
)

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

(
iv
)

Has not had a controlled substance license or permit suspended or revoked by a state or the United States
d
rug
e
nforcement
a
dministration.

(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 any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d
)

Upon receipt of any renewal fees collected
under subse
ction (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
compact
.

ARTICLE

VIII
C
oordinated Information System

(a
)

The
interstate commission
shall establish a database of all physicians licensed, or who have applied for licensure, under
article

V
.

(b)

Notwithstanding any other provision of law, member boards shall report to the
interstate commission
any public action or complaints against a licensed physician who has applied or received an expedited license through the
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.

(g
)

The
i
nterstate
c
ommission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

ARTICLE

IX
J
oint Investigations

(a
)

Licensure and disciplinary records of 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
)

A subpoena issued by a member state shall be enforceable in other member states.

(d
)

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

(e
)

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

ARTICLE

X
D
isciplinary Actions

(a
)

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

(b
)

If a license granted to a physician by the 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
:

(i
)

I
mpose the same or lesser sanction against the physician so long as such sanctions are consistent with the
medical practice act
of that state;
or

(ii
)

P
ursue separate disciplinary action against the physician under its 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 license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for ninety (90) days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the
medical practice act
of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety (90) day suspension period in a manner consistent with the
medical practice act
of that state.

ARTICLE

XI
Interstate Medical Licensure
C
ompact
Commission

(a
)

The member states hereby create the
"
Interstate Medical Licensure
C
ompact

C
ommission
.
"

(b
)

The purpose of the
interstate commission
is the administration of the Interstate Medical Licensure
C
ompact
, which is a discretionary state function.

(c
)

The
interstate commission
shall be a body corporate and shall have all the responsibilities, powers
and
duties set forth in the
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
(2)
voting representatives

appointed by
each member state who shall serve as commissioners
. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one
(1)
representative from each member board. A
commission
er shall be:

(
i
)

An a
llopathic or osteopathic physician appointed to a member board;

(
ii
)

An e
xecutive director, executive secretary
or
similar executive of a member board; or

(
iii
)

A m
ember 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
c
ommission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f
)

The bylaws may provide for meetings of the
interstate commission
to be conducted by telecommunication or electronic communication.

(g
)

Each
c
ommissioner participating at a meeting of the
interstate commission
is entitled to one
(1)
vote. A majority of
commissioners
shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the
interstate commission
. A
commissioner
shall not delegate a vote to another
commissioner
. In the absence of its
commission
er, a 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 it determines by a two
‑
thirds
(2/3)
vote of the
commissioners
present that an open meeting would be likely to:

(i
)

Relate solely to the internal personnel practices and procedures of the
interstate commission
;

(
ii)

Discuss matters specifically exempted from disclosure by federal statute;

(
iii
)

Discuss trade secrets, commercial
or
financial information that is privileged or confidential;

(
iv
)

Involve accusing a person of a crime
or
formally censuring a person;

(
v
)

Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(
vi
)

Discuss investigative records compiled for law enforcement purposes; or

(
vii
)

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

(
j
)

The
interstate commission
shall keep minutes which 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.

(k
)

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

(
m
)

The
interstate commission
shall establish an executive committee, which shall include officers, members
and
others as determined by the bylaws. The executive committee shall have the power to act on behalf of the
interstate commission
, with the exception of rulemaking, during periods when the
interstate commission
is not in session. When acting on behalf of the
interstate commission
, the executive committee shall oversee the administration of the
compact
including enforcement and compliance with the provisions of the
compact
, its bylaws and rules
and
other such duties as necessary.

(
n
)

The
interstate commission
may establish other committees for governance and administration of the
compact
.

ARTICLE

XII
P
owers and Duties of the Interstate Commission

(a)

The
interstate commission
shall have the duty and power to:

(
i
)

Oversee and maintain the administration of the
compact
;

(ii
)

Promulgate rules which shall be binding to the extent and in the manner provided for in the
compact
;

(
iii
)

Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the
compact
, its bylaws, rules
and
actions;

(
iv
)

Enforce compliance with
compact
provisions, the rules promulgated by the
interstate commission and
the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(
v
)

Establish and appoint committees including, but not limited to, an executive committee as required by
article

XI
, which shall have the power to act on behalf of the
interstate commission
in carrying out its powers and duties;

(
vi
)

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

(
vii
)

Establish and maintain one
(1)
or more offices;

(
viii
)

Borrow, accept, hire
or
contract for services of personnel;

(
ix
)

Purchase and maintain insurance and bonds;

(x
)

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;

(
xi
)

Establish personnel policies and programs relating to conflicts of interest, rates of compensation
and
qualifications of personnel;

(
xii
)

Accept donations and grants of money, equipment, supplies, materials and services
and
to receive, utilize
and
dispose of it in a manner consistent with the conflict of interest policies established by the
interstate commission
;

(
xiii
)

Lease, purchase, accept contributions or donations of
or
otherwise to own, hold, improve or use, any property, real, personal
or
mixed;

(
xiv
)

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

(
xv
)

Establish a budget and make expenditures;

(xvi
)

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

(
xvii
)

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
;

(
xviii
)

Coordinate education, training
and
public awareness regarding the
compact
, its implementation
and
its operation;

(
xix
)

Maintain records in accordance with the bylaws;

(
xx
)

Seek and obtain trademarks, copyrights
and
patents; and

(
xxi
)

Perform such functions as may be necessary or appropriate to achieve the purposes of the
compact
.

ARTICLE

XIII
F
inance Powers

(a
)

The
interstate commission
may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the
interstate commission
and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated 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 public accountant and the report of the audit shall be included in the annual report of the
interstate commission
.

ARTICLE

XIV
O
rganization and operation of the Interstate Commission

(a
)

The
interstate commission
shall, by a majority of
commissioners
present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact
within twelve (12) months of the first
interstate commission
meeting.

(b
)

The
interstate commission
shall elect or appoint annually from among its
commissioners
a chairperson, a vice
‑
chairperson
and
a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson
'
s absence or disability, the vice
‑
chairperson, shall preside at all meetings of the
interstate commission
.

(c
)

Officers selected in subsection (b)
of this article
shall serve without remuneration from the
interstate commission
.

(d
)

The officers and employees of the
interstate commission
shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error
or
omission that occurred, or that
the officer or employee
had a reasonable basis for believing occurred, within the scope of
interstate commission
employment, duties
or
responsibilities provided that
an
officer or employee
shall not be protected from suit or liability for damage, loss, injury
or
liability caused by the intentional or willful and wanton misconduct of
the officer or employee
.
The immunity provided by this article shall be subject to the following:

(
i
)

The liability of the executive director and employees of the
interstate commission
or representatives of the
interstate commission
, acting within the scope of
the officer
'
s
or employee's
employment or duties for acts, errors
or
omissions occurring within
the officer's or employee's
state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees
and
agents. The
interstate commission
is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect
the officer or employee
from suit or liability for damage, loss, injury
or
liability caused by the intentional or willful and wanton misconduct of
the officer or employee
;

(
ii
)

The
interstate commission
shall defend the executive director, its employees and
,
subject to the approval of the attorney general or other appropriate
legal counsel of the member state represented by an
interstate commission
representative, shall defend
an

interstate commission
representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of
interstate commission
employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of
interstate commission
employment, duties
or
responsibilities, provided that the actual or alleged act, error
or
omission did not result from intentional or willful and wanton misconduct on the part of
the officer or employee
;

(
iii
)

To the extent not covered by the state involved, member state
or
the
interstate commission
, the representatives or employees of the
interstate commission
shall be held harmless in the amount of a settlement or judgment, including attorney
'
s fees and costs, obtained against
the officers and employees
arising out of an actual or alleged act, error
or
omission that occurred within the scope of
interstate commission
employment, duties
or
responsibilities
or
that
the officer
s
and employee
s
had a reasonable basis for believing occurred within the scope of
interstate commission
employment, duties
or
responsibilities, provided that the actual or alleged act, error
or
omission did not result from intentional or willful and wanton misconduct on the part of
the officer
s
or employee
s
.

ARTICLE

XV
R
ulemaking functions of the Interstate Commission

(a
)

The
interstate commission
shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the
compact
. Notwithstanding the foregoing, in the event the
interstate commission
exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the
compact
, or the powers granted hereunder, then such an action by the
interstate commission
shall be invalid and have no force or effect.

(b
)

Rules deemed appropriate for the operations of the
interstate commission
shall be made pursuant to a rulemaking process that substantially conforms to the
"
Model State Administrative Procedure Act
"
of 2010
and
subsequent
amendments thereto.

(c
)

Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the
interstate commission
has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the
interstate commission
consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the
interstate commission
.

ARTICLE

XVI
O
versight of Interstate Compact

(a
)

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

(b
)

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

(c
)

The
interstate commission
shall be entitled to receive all service of process in any such proceeding
and
shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the
interstate commission
shall render a judgment or order void as to the
interstate commission
, the
compact
or
promulgated rules.

ARTICLE

XVII
E
nforcement of Interstate Compact

(a
)

The
interstate commission
, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the
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
or
, at the discretion of the
interstate commission
, in the federal district where the
interstate commission
has its principal offices, to enforce compliance with the provisions of the
compact
and
its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney
'
s fees.

(c
)

The remedies herein shall not be the exclusive remedies of the
interstate commission
. The
interstate commission
may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE

XVIII
D
efault Procedures

(a
)

The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the
compact
or
the rules and bylaws of the
interstate commission
promulgated under the
compact
.

(b
)

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

(
i
)

Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default
and
any action taken by the
interstate commission
. The
interstate commission
shall specify the conditions by which the defaulting state must cure its default; and

(
ii
)

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
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
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.

(f
)

The member state which has been terminated is responsible for all dues, obligations
and
liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

(g
)

The
interstate commission
shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the
compact
, unless otherwise mutually agreed upon in writing between the
interstate commission
and the defaulting state.

(h
)

The defaulting state may appeal the action of the
interstate commission
by petitioning the United States District Court for the District of Columbia or the federal district where the
interstate commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney
'
s fees.

ARTICLE

XIX
D
ispute Resolution

(a
)

The
interstate commission
shall attempt, upon the request of a member state, to resolve disputes which are subject to the
compact
and which 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

XX
M
ember States, Effective Date and Amendments

(a
)

Any state is eligible to become a member state of the
compact
.

(b
)

The
compact
shall become effective and binding upon legislative enactment of the
compact
into law by no less than seven (7) 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
their designees, shall be invited to participate in the activities of the
interstate commission
on a nonvoting basis prior to adoption of the
compact
by all states.

(d
)

The
interstate commission
may propose amendments to the
compact
for enactment by the member states. No amendment shall become effective and binding upon the
interstate commission
and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE

XXI
W
ithdrawal

(a
)

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

(b
)

Withdrawal from the
compact
shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c
)

The withdrawing state shall immediately notify the chairperson of the
interstate commission
in writing upon the introduction of legislation repealing the
compact
in the withdrawing state.

(d
)

The
interstate commission
shall notify the other member states of the withdrawing state
'
s intent to withdraw within sixty (60) days of its 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, the performance of which extend beyond the effective date of withdrawal.

(f
)

Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the
compact
or upon such later date as determined by the
interstate commission
.

(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

XXII
D
issolution

(a
)

The
compact
shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the
compact
to one (1) member state.

(b
)

Upon the dissolution of the
compact
, the
compact
becomes null and void and shall be of no further force or effect
and
the business and affairs of the
interstate commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE

XXIII
S
everability and Construction

(a
)

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

(b
)

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

(c
)

Nothing in the
compact
shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE

XXIV
B
inding Effect of Compact and Other Laws

(a
)

Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the
compact
.

(b
)

All laws in a member state in conflict with the
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
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
)

In the event any provision of the
compact
exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective
to the extent of the conflict with the constitutional provision in question in that member state.

33
‑
26
‑
703
.

Interstate commission members.

Pursuant to article
X
I(d) of the Interstate Medical Licensure Compact, the governor shall appoint two (2) voting representatives to the interstate medical licensure compact commission. The representatives shall serve staggered two (2) year terms as commissioners.

Section
2
.

W.S. 33
‑
26
‑
303(a)(intro) is amended to read:

33
‑
26
‑
303
.

Requirements for granting license.

(a)

The board may grant a license to practice medicine in this state
as provided in the Interstate Medical Licensure Compact or, under this article,
to any applicant who demonstrates, to the board, that he:

Section
3
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1