SENATE BILL 67

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Bill B. O'Neill

 

 

 

 

 

AN ACT

RELATING TO LICENSURE; ENACTING THE INTERSTATE MEDICAL LICENSURE COMPACT; PROVIDING FOR THE APPOINTMENT OF NEW MEXICO COMPACT COMMISSIONERS; REQUIRING THE FILING OF INTERSTATE COMMISSION BYLAWS AND RULES WITH THE STATE RECORDS ADMINISTRATOR.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Interstate Medical Licensure Compact".

     SECTION 2. [NEW MATERIAL] 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 - 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 Compact 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, enhances the portability of a medical license and ensures 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 2 - 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 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 gross misdemeanor;

          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 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 12 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 statutory law in a 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 3 - Eligibility

          A. A physician must meet the eligibility requirements as defined in Subsection K of Article 2 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 2 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 4 - 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 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; provided that 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 5 - 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 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 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 payment of any applicable fees, and the issuance of an expedited license.

ARTICLE 6 - 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 7 - 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 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