Florida Senate - 2019                   (Proposed Bill) SPB 7078
       
       
        
       FOR CONSIDERATION By the Committee on Health Policy
       
       
       
       
       
       588-02978A-19                                         20197078pb
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 394.4615,
    3         F.S.; requiring a service provider to furnish and
    4         provide access to clinical records within a specified
    5         timeframe after receiving a request for such records;
    6         providing a conditional requirement that such records
    7         be furnished in the manner chosen by the requester;
    8         authorizing the service provider to charge a
    9         reasonable cost associated with reproducing such
   10         records; amending s. 395.3025, F.S.; removing
   11         provisions requiring a licensed facility to furnish
   12         patient records only after discharge to conform to
   13         changes made by the act; revising provisions relating
   14         to the appropriate disclosure of patient records
   15         without consent; amending s. 397.501, F.S.; requiring
   16         a service provider to furnish and provide access to
   17         records within a specified timeframe after receiving a
   18         request from an individual or an individual’s legal
   19         representative; providing a conditional requirement
   20         that such records be furnished in the manner chosen by
   21         the requester; authorizing the service provider to
   22         charge a reasonable cost associated with reproducing
   23         such records; amending s. 400.145, F.S.; revising
   24         provisions relating to the records of a resident held
   25         by a nursing home facility to conform to changes made
   26         by the act; requiring that a nursing home facility
   27         furnish such records within a specified timeframe
   28         after receiving a request from a representative of a
   29         deceased resident; creating s. 408.833, F.S.; defining
   30         the term “legal representative”; requiring a provider
   31         to furnish and provide access to records within a
   32         specified timeframe after receiving a request from a
   33         former or current client or that client’s legal
   34         representative; providing a conditional requirement
   35         that such records be furnished in the manner chosen by
   36         the requester; authorizing a provider to impose
   37         reasonable terms necessary to preserve such records;
   38         authorizing a provider to charge a reasonable cost
   39         associated with reproducing such records; authorizing
   40         a provider to refuse to furnish such records directly
   41         to a client under certain circumstances; providing
   42         limitations on the frequency of furnishing copies of
   43         records of a client of a nursing home facility;
   44         providing applicability; amending s. 456.057, F.S.;
   45         requiring certain licensed health care practitioners
   46         to furnish and provide access to copies of reports and
   47         records within a specified timeframe after receiving a
   48         request from a patient or a patient’s legal
   49         representative; authorizing such licensed health care
   50         practitioners to impose reasonable terms necessary to
   51         preserve such reports and records; authorizing such
   52         licensed health care practitioners to charge a
   53         reasonable cost associated with reproducing such
   54         reports and records; amending ss. 316.1932, 316.1933,
   55         395.4025, and 440.185, F.S.; conforming cross
   56         references; amending s. 395.1012, F.S.; requiring a
   57         licensed hospital to provide specified information and
   58         data relating to patient safety and quality measures
   59         to a patient under certain circumstances or to any
   60         person upon request; creating s. 395.1052, F.S.;
   61         requiring a hospital to notify a patient’s primary
   62         care provider within a specified timeframe after the
   63         patient’s admission; requiring a hospital to inform a
   64         patient, upon admission, of the option to request
   65         consultation between the hospital’s treating physician
   66         and the patient’s primary care provider or specialist
   67         provider; requiring a hospital to notify a patient’s
   68         primary care provider of the patient’s discharge and
   69         provide specified information and records to the
   70         primary care provider within a specified timeframe
   71         after discharge; amending s. 395.301, F.S.; requiring
   72         a licensed facility, upon placing a patient on
   73         observation status, to immediately notify the patient
   74         of such status using a specified form; requiring that
   75         such notification be documented in the patient’s
   76         medical records and discharge papers; amending s.
   77         624.27, F.S.; expanding the scope of direct primary
   78         care agreements, which are renamed “direct health care
   79         agreements”; conforming provisions to changes made by
   80         the act; creating s. 627.42393, F.S.; prohibiting
   81         certain health insurers from employing step-therapy
   82         protocols under certain circumstances; defining the
   83         term “health coverage plan”; amending s. 641.31, F.S.;
   84         prohibiting certain health maintenance organizations
   85         from employing step-therapy protocols under certain
   86         circumstances; defining the term “health coverage
   87         plan”; amending s. 409.973, F.S.; prohibiting Medicaid
   88         managed care plans from employing step-therapy
   89         protocols under certain circumstances; creating s.
   90         627.4303, F.S.; defining the term “health insurer”;
   91         prohibiting limitations on price transparency with
   92         patients in contracts between health insurers and
   93         health care providers; prohibiting a health insurer
   94         from requiring an insured to make a certain payment
   95         for a covered service under certain circumstances;
   96         creating s. 456.4501, F.S.; implementing the
   97         Interstate Medical Licensure Compact in this state;
   98         providing for an interstate medical licensure process;
   99         providing requirements for multistate practice and
  100         telemedicine practice; providing effective dates.
  101          
  102  Be It Enacted by the Legislature of the State of Florida:
  103  
  104         Section 1. Present subsections (3) through (11) of section
  105  394.4615, Florida Statutes, are redesignated as subsections (5)
  106  through (13), respectively, and new subsections (3) and (4) are
  107  added to that section, to read:
  108         394.4615 Clinical records; confidentiality.—
  109         (3)(a)Within 14 working days after receiving a request
  110  made in accordance with paragraphs (2)(a), (b), or (c), a
  111  service provider must furnish clinical records in its
  112  possession.
  113         (b)If a service provider maintains a system of electronic
  114  health records as defined in s. 408.051, the service provider
  115  shall furnish the requested records in the manner chosen by the
  116  requester, which may include paper documents, electronic format,
  117  access through a web-based patient portal, or submission through
  118  a patient’s electronic personal health record.
  119         (4)The service provider may charge a requester no more
  120  than the reasonable costs of reproducing the clinical records,
  121  including reasonable staff time.
  122         (a)The reasonable costs of reproducing paper copies of
  123  written or typed documents or reports may not exceed $1 per page
  124  for the first 25 pages and 25 cents per page for all pages
  125  thereafter.
  126         (b)The reasonable costs of reproducing X-rays and other
  127  forms of images shall be the actual costs. Actual costs shall be
  128  the sum of the cost of the material and supplies used to
  129  duplicate the record and the labor and overhead costs associated
  130  with the duplication.
  131         (c)The reasonable costs of producing electronic copies of
  132  records or electronic access to records may not exceed $2;
  133  however, a service provider may charge up to $1 for each year of
  134  records requested.
  135  
  136  The charges established in this subsection apply to all records
  137  furnished, whether directly from a service provider or from a
  138  copy service providing such services on behalf of a service
  139  provider. However, a patient whose records are copied or
  140  searched for the purpose of continuing to receive care is not
  141  required to pay a charge for copying or for the search.
  142         Section 2. Present subsections (4) through (11) of section
  143  395.3025, Florida Statutes, are redesignated as subsections (1)
  144  through (8), respectively, and present subsections (1), (2), and
  145  (3), paragraph (e) of present subsection (4), paragraph (a) of
  146  present subsection (7), and present subsection (8) of that
  147  section, are amended to read:
  148         395.3025 Patient and personnel records; copies;
  149  examination.—
  150         (1)Any licensed facility shall, upon written request, and
  151  only after discharge of the patient, furnish, in a timely
  152  manner, without delays for legal review, to any person admitted
  153  therein for care and treatment or treated thereat, or to any
  154  such person’s guardian, curator, or personal representative, or
  155  in the absence of one of those persons, to the next of kin of a
  156  decedent or the parent of a minor, or to anyone designated by
  157  such person in writing, a true and correct copy of all patient
  158  records, including X rays, and insurance information concerning
  159  such person, which records are in the possession of the licensed
  160  facility, provided the person requesting such records agrees to
  161  pay a charge. The exclusive charge for copies of patient records
  162  may include sales tax and actual postage, and, except for
  163  nonpaper records that are subject to a charge not to exceed $2,
  164  may not exceed $1 per page. A fee of up to $1 may be charged for
  165  each year of records requested. These charges shall apply to all
  166  records furnished, whether directly from the facility or from a
  167  copy service providing these services on behalf of the facility.
  168  However, a patient whose records are copied or searched for the
  169  purpose of continuing to receive medical care is not required to
  170  pay a charge for copying or for the search. The licensed
  171  facility shall further allow any such person to examine the
  172  original records in its possession, or microforms or other
  173  suitable reproductions of the records, upon such reasonable
  174  terms as shall be imposed to assure that the records will not be
  175  damaged, destroyed, or altered.
  176         (2)This section does not apply to records maintained at
  177  any licensed facility the primary function of which is to
  178  provide psychiatric care to its patients, or to records of
  179  treatment for any mental or emotional condition at any other
  180  licensed facility which are governed by the provisions of s.
  181  394.4615.
  182         (3)This section does not apply to records of substance
  183  abuse impaired persons, which are governed by s. 397.501.
  184         (1)(4) Patient records are confidential and may must not be
  185  disclosed without the consent of the patient or his or her legal
  186  representative; however, but appropriate disclosure may be made
  187  without such consent to:
  188         (e) The Department of Health agency upon subpoena issued
  189  pursuant to s. 456.071, but the records obtained thereby must be
  190  used solely for the purpose of the department agency and the
  191  appropriate professional board in its investigation,
  192  prosecution, and appeal of disciplinary proceedings. If the
  193  department agency requests copies of the records, the facility
  194  shall charge no more than its actual copying costs, including
  195  reasonable staff time. The records must be sealed and must not
  196  be available to the public pursuant to s. 119.07(1) or any other
  197  statute providing access to records, nor may they be available
  198  to the public as part of the record of investigation for and
  199  prosecution in disciplinary proceedings made available to the
  200  public by the department agency or the appropriate regulatory
  201  board. However, the department agency must make available, upon
  202  written request by a practitioner against whom probable cause
  203  has been found, any such records that form the basis of the
  204  determination of probable cause.
  205         (2)(5) The Department of Health may examine patient records
  206  of a licensed facility, whether held by the facility or the
  207  Agency for Health Care Administration, for the purpose of
  208  epidemiological investigations. The unauthorized release of
  209  information by agents of the department which would identify an
  210  individual patient is a misdemeanor of the first degree,
  211  punishable as provided in s. 775.082 or s. 775.083.
  212         (4)(7)(a) If the content of any record of patient treatment
  213  is provided under this section, the recipient, if other than the
  214  patient or the patient’s representative, may use such
  215  information only for the purpose provided and may not further
  216  disclose any information to any other person or entity, unless
  217  expressly permitted by the written consent of the patient. A
  218  general authorization for the release of medical information is
  219  not sufficient for this purpose. The content of such patient
  220  treatment record is confidential and exempt from the provisions
  221  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  222         (5)(8) Patient records at hospitals and ambulatory surgical
  223  centers are exempt from disclosure under s. 119.07(1), except as
  224  provided by subsections (1) and (2) (1)-(5).
  225         Section 3. Present paragraphs (a) through (j) of subsection
  226  (7) of section 397.501, Florida Statutes, are redesignated as
  227  paragraphs (d) through (m), respectively, and new paragraphs
  228  (a), (b), and (c) are added to that subsection, to read:
  229         397.501 Rights of individuals.—Individuals receiving
  230  substance abuse services from any service provider are
  231  guaranteed protection of the rights specified in this section,
  232  unless otherwise expressly provided, and service providers must
  233  ensure the protection of such rights.
  234         (7) RIGHT TO ACCESS TO AND CONFIDENTIALITY OF INDIVIDUAL
  235  RECORDS.—
  236         (a)1.Within 14 working days after receiving a written
  237  request from an individual or an individual’s legal
  238  representative, a service provider shall furnish a true and
  239  correct copy of all records pertaining to that individual in the
  240  possession of the service provider.
  241         2. If a service provider maintains a system of electronic
  242  health records as defined in s. 408.051, the service provider
  243  shall furnish the requested records in the manner chosen by the
  244  requester, which may include paper documents, electronic format,
  245  access through a web-based patient portal, or submission through
  246  an individual’s electronic personal health record.
  247         3. For the purpose of this section, the term “legal
  248  representative” has the same meaning as provided in s. 408.833.
  249         (b)Within 10 working days after receiving such a request
  250  from an individual or an individual’s legal representative, a
  251  service provider shall provide access to examine the original
  252  records, microforms, or other suitable reproductions of the
  253  records in its possession. A service provider may impose any
  254  reasonable terms necessary to ensure that the records will not
  255  be damaged, destroyed, or altered.
  256         (c)A service provider may charge the requester no more
  257  than the reasonable costs of reproducing the records, including
  258  reasonable staff time.
  259         1.The reasonable costs of reproducing paper copies of
  260  written or typed documents or reports may not exceed $1 per page
  261  for the first 25 pages and 25 cents per page for all pages
  262  thereafter.
  263         2.The reasonable costs of reproducing X-rays and such
  264  other kinds of records shall be the actual costs. Actual costs
  265  are the sum of the cost of the material and supplies used to
  266  duplicate the records and the labor and overhead costs
  267  associated with the duplication.
  268         3.The reasonable costs of producing electronic copies of
  269  records or electronic access to records may not exceed $2. A
  270  service provider may charge up to $1 for each year of records
  271  requested.
  272  
  273  The charges established in this paragraph apply to all records
  274  furnished, whether directly from a service provider or from a
  275  copy service providing such services on behalf of the service
  276  provider. However, an individual whose records are copied or
  277  searched for the purpose of continuing to receive care is not
  278  required to pay a charge for copying or for the search.
  279         Section 4. Present subsections (6), (8), and (9) of section
  280  400.145, Florida Statutes, are redesignated as subsections (5),
  281  (6), and (7), respectively, and subsections (1), (4), (5), and
  282  (7) of that section are amended, to read:
  283         400.145 Copies of records of care and treatment of deceased
  284  resident.—
  285         (1) Upon receipt of a written request that complies with
  286  the federal Health Insurance Portability and Accountability Act
  287  of 1996 (HIPAA) and this section, a nursing home facility shall
  288  furnish to a competent resident, or to a representative of a
  289  deceased that resident who is authorized to make requests for
  290  the resident’s records under HIPAA or subsection (2), copies of
  291  the resident’s paper and electronic records that are in
  292  possession of the facility. Such records must include any
  293  medical records and records concerning the care and treatment of
  294  the resident performed by the facility, except for progress
  295  notes and consultation report sections of a psychiatric nature.
  296  The facility shall provide the requested records within 14
  297  working days after receipt of a request relating to a current
  298  resident or within 30 working days after receipt of a request
  299  relating to a deceased former resident.
  300         (4) A nursing home facility may charge a reasonable fee for
  301  the copying of resident records. Such fee may not exceed $1 per
  302  page for the first 25 pages and 25 cents per page for each
  303  additional page for reproducing paper copies of reports or
  304  records. The reasonable costs of producing electronic copies of
  305  records or electronic access to records may not exceed $2;
  306  however, the facility may charge up to $1 for each year of
  307  records requested. The facility shall allow a person who is
  308  authorized to act on behalf of the resident to examine the
  309  original records, microfilms, or other suitable reproductions of
  310  the records in its possession upon any reasonable terms imposed
  311  by the facility to ensure that the records are not damaged,
  312  destroyed, or altered.
  313         (5)If a nursing home facility determines that disclosure
  314  of the records to the resident would be detrimental to the
  315  physical or mental health of the resident, the facility may
  316  refuse to furnish the record directly to the resident; however,
  317  upon such refusal, the resident’s records shall, upon written
  318  request by the resident, be furnished to any other medical
  319  provider designated by the resident.
  320         (7)A nursing home facility is not required to provide
  321  copies of a resident’s records requested pursuant to this
  322  section more than once per month, except that copies of
  323  physician reports in the resident’s records must be provided as
  324  often as necessary to allow the effective monitoring of the
  325  resident’s condition.
  326         Section 5. Section 408.833, Florida Statutes, is created to
  327  read:
  328         408.833Client access to medical records.—
  329         (1)For the purpose of this section, the term “legal
  330  representative” means a client’s attorney who has been
  331  designated by a former or current client of the licensee to
  332  receive copies of the client’s medical, care and treatment, or
  333  interdisciplinary records; a legally recognized guardian of the
  334  client; a court-appointed representative of the client; or a
  335  person designated by the client or by a court of competent
  336  jurisdiction to receive copies of the client’s medical, care and
  337  treatment, or interdisciplinary records.
  338         (2)(a)Within 14 working days after receiving a written
  339  request from a former or current client or that client’s legal
  340  representative, a provider shall furnish a true and correct copy
  341  of all records, including medical, care and treatment, and
  342  interdisciplinary records, as applicable to that client, in the
  343  possession of the provider.
  344         (b) If a provider maintains a system of electronic health
  345  records as defined in s. 408.051, the provider shall furnish the
  346  requested records in the manner chosen by the requester, which
  347  may include paper documents, electronic format, access through a
  348  web-based patient portal, or submission through a client’s
  349  electronic personal health record.
  350         (3)Within 10 working days after receiving such a request
  351  by a former or current client or that client’s legal
  352  representative, a provider shall provide access to examine the
  353  original records, microforms, or other suitable reproductions of
  354  the records in its possession. A provider may impose any
  355  reasonable terms necessary to ensure that the records will not
  356  be damaged, destroyed, or altered.
  357         (4)A provider may charge the requester no more than the
  358  reasonable costs of reproducing the records, including
  359  reasonable staff time.
  360         (a)The reasonable costs of reproducing paper copies of
  361  written or typed documents or reports may not exceed $1 per page
  362  for the first 25 pages and 25 cents per page for all pages
  363  thereafter.
  364         (b)The reasonable costs of reproducing X-rays and other
  365  forms of images shall be the actual costs. Actual costs are the
  366  sum of the cost of the material and supplies used to duplicate
  367  the records and the labor and overhead costs associated with the
  368  duplication.
  369         (c)The reasonable costs of producing electronic copies of
  370  records or electronic access to records may not exceed $2;
  371  however, a provider may charge up to $1 for each year of records
  372  requested.
  373  
  374  The charges established in this subsection apply to all records
  375  furnished, whether directly from a provider or from a copy
  376  service providing such services on behalf of the provider.
  377  However, a client whose records are copied or searched for the
  378  purpose of continuing to receive medical care is not required to
  379  pay a charge for copying or for the search.
  380         (5)A provider may refuse to furnish records directly to a
  381  client if the provider determines that disclosure of the records
  382  to the client would be detrimental to the physical or mental
  383  health of the client; however, upon such refusal, the client’s
  384  records must be furnished upon written request by the client to
  385  any other medical provider designated by the client.
  386         (6)A provider may refuse a request under this section if
  387  the client is a resident of a nursing home facility and has been
  388  adjudged incompetent. A provider is not required to provide
  389  copies of a nursing home facility client’s records requested
  390  pursuant to this section more frequently than once per month,
  391  except that copies of physician reports in the client’s records
  392  must be provided as often as necessary to allow the effective
  393  monitoring of the client’s condition.
  394         (7)This section does not apply to any of the following:
  395         (a)Records maintained at any licensed facility, as defined
  396  in s. 395.002, the primary function of which is to provide
  397  psychiatric care to its patients, or records of treatment for
  398  any mental or emotional condition at any other licensed facility
  399  which is governed by s. 394.4615.
  400         (b)Records of substance abuse impaired persons which are
  401  governed by s. 397.501.
  402         (c)Records of a deceased resident of a nursing home
  403  facility.
  404         Section 6. Subsections (6) and (17) of section 456.057,
  405  Florida Statutes, are amended to read:
  406         456.057 Ownership and control of patient records; report or
  407  copies of records to be furnished; disclosure of information.—
  408         (6)(a) Any health care practitioner licensed by the
  409  department or a board within the department who makes a physical
  410  or mental examination of, or administers treatment or dispenses
  411  legend drugs to, any person shall, upon written request of such
  412  person or the person’s legal representative, furnish, within 14
  413  working days after such request in a timely manner, without
  414  delays for legal review, copies of all reports and records
  415  relating to such examination or treatment, including X-rays X
  416  rays and insurance information. If the health care practitioner
  417  maintains a system of electronic health records as defined in s.
  418  408.051, the health care practitioner shall furnish the
  419  requested records in the manner chosen by the requester, which
  420  may include paper documents, electronic format, access through a
  421  web-based patient portal, or submission through a patient’s
  422  electronic personal health record.
  423         (b)Within 10 working days after receiving a written
  424  request by a patient or a patient’s legal representative, a
  425  health care practitioner must provide access to examine the
  426  original reports and records, or microforms or other suitable
  427  reproductions of the reports and records in the health care
  428  practitioner’s possession. The health care practitioner may
  429  impose any reasonable terms necessary to ensure that the reports
  430  and records will not be damaged, destroyed, or altered.
  431         (c)However, When a patient’s psychiatric, chapter 490
  432  psychological, or chapter 491 psychotherapeutic records are
  433  requested by the patient or the patient’s legal representative,
  434  the health care practitioner may provide a report of examination
  435  and treatment in lieu of copies of records. Upon a patient’s
  436  written request, complete copies of the patient’s psychiatric
  437  records shall be provided directly to a subsequent treating
  438  psychiatrist. The furnishing of such report or copies may shall
  439  not be conditioned upon payment of a fee for services rendered.
  440         (17) A licensed health care practitioner may charge the
  441  requester no more than the reasonable costs of reproducing the
  442  reports and records, including reasonable staff time.
  443         (a)The reasonable costs of reproducing paper copies of
  444  written or typed documents or reports may not exceed $1 per page
  445  for the first 25 pages and 25 cents per page for all pages
  446  thereafter.
  447         (b)The reasonable costs of reproducing X-rays and such
  448  other kinds of records shall be the actual costs. Actual costs
  449  are the sum of the cost of the material and supplies used to
  450  duplicate the record and the labor and overhead costs associated
  451  with the duplication.
  452         (c)The reasonable costs of producing electronic copies of
  453  reports and records or electronic access to reports and records
  454  may not exceed $2; however, a licensed health care practitioner
  455  may charge up to $1 for each year of records requested.
  456  
  457  The charges established in this subsection apply to all reports
  458  and records furnished, whether directly from a health care
  459  practitioner or from a copy service providing such services on
  460  behalf of the health care practitioner. However, a patient whose
  461  reports and records are copied or searched for the purpose of
  462  continuing to receive medical care is not required to pay a
  463  charge for copying or for the search A health care practitioner
  464  or records owner furnishing copies of reports or records or
  465  making the reports or records available for digital scanning
  466  pursuant to this section shall charge no more than the actual
  467  cost of copying, including reasonable staff time, or the amount
  468  specified in administrative rule by the appropriate board, or
  469  the department when there is no board.
  470         Section 7. Paragraph (f) of subsection (1) of section
  471  316.1932, Florida Statutes, is amended to read:
  472         316.1932 Tests for alcohol, chemical substances, or
  473  controlled substances; implied consent; refusal.—
  474         (1)
  475         (f)1. The tests determining the weight of alcohol in the
  476  defendant’s blood or breath shall be administered at the request
  477  of a law enforcement officer substantially in accordance with
  478  rules of the Department of Law Enforcement. Such rules must
  479  specify precisely the test or tests that are approved by the
  480  Department of Law Enforcement for reliability of result and ease
  481  of administration, and must provide an approved method of
  482  administration which must be followed in all such tests given
  483  under this section. However, the failure of a law enforcement
  484  officer to request the withdrawal of blood does not affect the
  485  admissibility of a test of blood withdrawn for medical purposes.
  486         2.a. Only a physician, certified paramedic, registered
  487  nurse, licensed practical nurse, other personnel authorized by a
  488  hospital to draw blood, or duly licensed clinical laboratory
  489  director, supervisor, technologist, or technician, acting at the
  490  request of a law enforcement officer, may withdraw blood for the
  491  purpose of determining its alcoholic content or the presence of
  492  chemical substances or controlled substances therein. However,
  493  the failure of a law enforcement officer to request the
  494  withdrawal of blood does not affect the admissibility of a test
  495  of blood withdrawn for medical purposes.
  496         b. Notwithstanding any provision of law pertaining to the
  497  confidentiality of hospital records or other medical records, if
  498  a health care provider, who is providing medical care in a
  499  health care facility to a person injured in a motor vehicle
  500  crash, becomes aware, as a result of any blood test performed in
  501  the course of that medical treatment, that the person’s blood
  502  alcohol level meets or exceeds the blood-alcohol level specified
  503  in s. 316.193(1)(b), the health care provider may notify any law
  504  enforcement officer or law enforcement agency. Any such notice
  505  must be given within a reasonable time after the health care
  506  provider receives the test result. Any such notice shall be used
  507  only for the purpose of providing the law enforcement officer
  508  with reasonable cause to request the withdrawal of a blood
  509  sample pursuant to this section.
  510         c. The notice shall consist only of the name of the person
  511  being treated, the name of the person who drew the blood, the
  512  blood-alcohol level indicated by the test, and the date and time
  513  of the administration of the test.
  514         d. Nothing contained in s. 395.3025(1) s. 395.3025(4), s.
  515  456.057, or any applicable practice act affects the authority to
  516  provide notice under this section, and the health care provider
  517  is not considered to have breached any duty owed to the person
  518  under s. 395.3025(1) s. 395.3025(4), s. 456.057, or any
  519  applicable practice act by providing notice or failing to
  520  provide notice. It shall not be a breach of any ethical, moral,
  521  or legal duty for a health care provider to provide notice or
  522  fail to provide notice.
  523         e. A civil, criminal, or administrative action may not be
  524  brought against any person or health care provider participating
  525  in good faith in the provision of notice or failure to provide
  526  notice as provided in this section. Any person or health care
  527  provider participating in the provision of notice or failure to
  528  provide notice as provided in this section shall be immune from
  529  any civil or criminal liability and from any professional
  530  disciplinary action with respect to the provision of notice or
  531  failure to provide notice under this section. Any such
  532  participant has the same immunity with respect to participating
  533  in any judicial proceedings resulting from the notice or failure
  534  to provide notice.
  535         3. The person tested may, at his or her own expense, have a
  536  physician, registered nurse, other personnel authorized by a
  537  hospital to draw blood, or duly licensed clinical laboratory
  538  director, supervisor, technologist, or technician, or other
  539  person of his or her own choosing administer an independent test
  540  in addition to the test administered at the direction of the law
  541  enforcement officer for the purpose of determining the amount of
  542  alcohol in the person’s blood or breath or the presence of
  543  chemical substances or controlled substances at the time
  544  alleged, as shown by chemical analysis of his or her blood or
  545  urine, or by chemical or physical test of his or her breath. The
  546  failure or inability to obtain an independent test by a person
  547  does not preclude the admissibility in evidence of the test
  548  taken at the direction of the law enforcement officer. The law
  549  enforcement officer shall not interfere with the person’s
  550  opportunity to obtain the independent test and shall provide the
  551  person with timely telephone access to secure the test, but the
  552  burden is on the person to arrange and secure the test at the
  553  person’s own expense.
  554         4. Upon the request of the person tested, full information
  555  concerning the results of the test taken at the direction of the
  556  law enforcement officer shall be made available to the person or
  557  his or her attorney. Full information is limited to the
  558  following:
  559         a. The type of test administered and the procedures
  560  followed.
  561         b. The time of the collection of the blood or breath sample
  562  analyzed.
  563         c. The numerical results of the test indicating the alcohol
  564  content of the blood and breath.
  565         d. The type and status of any permit issued by the
  566  Department of Law Enforcement which was held by the person who
  567  performed the test.
  568         e. If the test was administered by means of a breath
  569  testing instrument, the date of performance of the most recent
  570  required inspection of such instrument.
  571  
  572  Full information does not include manuals, schematics, or
  573  software of the instrument used to test the person or any other
  574  material that is not in the actual possession of the state.
  575  Additionally, full information does not include information in
  576  the possession of the manufacturer of the test instrument.
  577         5. A hospital, clinical laboratory, medical clinic, or
  578  similar medical institution or physician, certified paramedic,
  579  registered nurse, licensed practical nurse, other personnel
  580  authorized by a hospital to draw blood, or duly licensed
  581  clinical laboratory director, supervisor, technologist, or
  582  technician, or other person assisting a law enforcement officer
  583  does not incur any civil or criminal liability as a result of
  584  the withdrawal or analysis of a blood or urine specimen, or the
  585  chemical or physical test of a person’s breath pursuant to
  586  accepted medical standards when requested by a law enforcement
  587  officer, regardless of whether or not the subject resisted
  588  administration of the test.
  589         Section 8. Paragraph (a) of subsection (2) of section
  590  316.1933, Florida Statutes, is amended to read:
  591         316.1933 Blood test for impairment or intoxication in cases
  592  of death or serious bodily injury; right to use reasonable
  593  force.—
  594         (2)(a) Only a physician, certified paramedic, registered
  595  nurse, licensed practical nurse, other personnel authorized by a
  596  hospital to draw blood, or duly licensed clinical laboratory
  597  director, supervisor, technologist, or technician, acting at the
  598  request of a law enforcement officer, may withdraw blood for the
  599  purpose of determining the alcoholic content thereof or the
  600  presence of chemical substances or controlled substances
  601  therein. However, the failure of a law enforcement officer to
  602  request the withdrawal of blood shall not affect the
  603  admissibility of a test of blood withdrawn for medical purposes.
  604         1. Notwithstanding any provision of law pertaining to the
  605  confidentiality of hospital records or other medical records, if
  606  a health care provider, who is providing medical care in a
  607  health care facility to a person injured in a motor vehicle
  608  crash, becomes aware, as a result of any blood test performed in
  609  the course of that medical treatment, that the person’s blood
  610  alcohol level meets or exceeds the blood-alcohol level specified
  611  in s. 316.193(1)(b), the health care provider may notify any law
  612  enforcement officer or law enforcement agency. Any such notice
  613  must be given within a reasonable time after the health care
  614  provider receives the test result. Any such notice shall be used
  615  only for the purpose of providing the law enforcement officer
  616  with reasonable cause to request the withdrawal of a blood
  617  sample pursuant to this section.
  618         2. The notice shall consist only of the name of the person
  619  being treated, the name of the person who drew the blood, the
  620  blood-alcohol level indicated by the test, and the date and time
  621  of the administration of the test.
  622         3. Nothing contained in s. 395.3025(1) s. 395.3025(4), s.
  623  456.057, or any applicable practice act affects the authority to
  624  provide notice under this section, and the health care provider
  625  is not considered to have breached any duty owed to the person
  626  under s. 395.3025(1) s. 395.3025(4), s. 456.057, or any
  627  applicable practice act by providing notice or failing to
  628  provide notice. It shall not be a breach of any ethical, moral,
  629  or legal duty for a health care provider to provide notice or
  630  fail to provide notice.
  631         4. A civil, criminal, or administrative action may not be
  632  brought against any person or health care provider participating
  633  in good faith in the provision of notice or failure to provide
  634  notice as provided in this section. Any person or health care
  635  provider participating in the provision of notice or failure to
  636  provide notice as provided in this section shall be immune from
  637  any civil or criminal liability and from any professional
  638  disciplinary action with respect to the provision of notice or
  639  failure to provide notice under this section. Any such
  640  participant has the same immunity with respect to participating
  641  in any judicial proceedings resulting from the notice or failure
  642  to provide notice.
  643         Section 9. Subsection (13) of section 395.4025, Florida
  644  Statutes, is amended to read:
  645         395.4025 Trauma centers; selection; quality assurance;
  646  records.—
  647         (13) Patient care, transport, or treatment records or
  648  reports, or patient care quality assurance proceedings, records,
  649  or reports obtained or made pursuant to this section, s.
  650  395.3025(1)(f) s. 395.3025(4)(f), s. 395.401, s. 395.4015, s.
  651  395.402, s. 395.403, s. 395.404, s. 395.4045, s. 395.405, s.
  652  395.50, or s. 395.51 must be held confidential by the department
  653  or its agent and are exempt from the provisions of s. 119.07(1).
  654  Patient care quality assurance proceedings, records, or reports
  655  obtained or made pursuant to these sections are not subject to
  656  discovery or introduction into evidence in any civil or
  657  administrative action.
  658         Section 10. Subsection (4) of section 440.185, Florida
  659  Statutes, is amended to read:
  660         440.185 Notice of injury or death; reports; penalties for
  661  violations.—
  662         (4) Additional reports with respect to such injury and of
  663  the condition of such employee, including copies of medical
  664  reports, funeral expenses, and wage statements, shall be filed
  665  by the employer or carrier to the department at such times and
  666  in such manner as the department may prescribe by rule. In
  667  carrying out its responsibilities under this chapter, the
  668  department or agency may by rule provide for the obtaining of
  669  any medical records relating to medical treatment provided
  670  pursuant to this chapter, notwithstanding the provisions of ss.
  671  90.503 and 395.3025(1) 395.3025(4).
  672         Section 11. Subsection (3) is added to section 395.1012,
  673  Florida Statutes, to read:
  674         395.1012 Patient safety.—
  675         (3)(a)Each hospital shall provide to any patient upon
  676  admission, upon scheduling of nonemergency care, or prior to
  677  treatment, written information on a form created by the agency
  678  that contains the following information available for the
  679  hospital for the most recent year and the statewide average for
  680  all hospitals related to the following quality measures:
  681         1.The rate of hospital-acquired infections;
  682         2.The overall rating of the Hospital Consumer Assessment
  683  of Healthcare Providers and Systems survey; and
  684         3.The 15-day readmission rate.
  685         (b)A hospital must also provide the written information
  686  specified in paragraph (a) to any person upon request.
  687         (c)The information required by this subsection must be
  688  presented in a manner that is easily understandable and
  689  accessible to the patient and must also include an explanation
  690  of the quality measures and the relationship between patient
  691  safety and the hospital’s data for the quality measures.
  692         Section 12. Section 395.1052, Florida Statutes, is created
  693  to read:
  694         395.1052 Patient access to primary care and specialty
  695  providers; notification.—A hospital shall:
  696         (1) Notify each patient’s primary care provider, if any,
  697  within 24 hours after the patient’s admission to the hospital.
  698         (2) Inform a patient immediately upon admission that he or
  699  she may request to have the hospital’s treating physician
  700  consult with the patient’s primary care provider or specialist
  701  provider, if any, when developing the patient’s plan of care.
  702  Upon the patient’s request, the hospital’s treating physician
  703  shall make reasonable efforts to consult with the patient’s
  704  primary care provider or specialist provider when developing the
  705  patient’s plan of care.
  706         (3) Notify the patient’s primary care provider, if any, of
  707  the patient’s discharge from the hospital within 24 hours after
  708  discharge.
  709         (4) Provide the discharge summary and any related
  710  information or records to the patient’s primary care provider,
  711  if any, within 7 days after the patient’s discharge from the
  712  hospital.
  713         Section 13. Subsection (3) of section 395.301, Florida
  714  Statutes, is amended to read:
  715         395.301 Price transparency; itemized patient statement or
  716  bill; patient admission status notification.—
  717         (3) If a licensed facility places a patient on observation
  718  status rather than inpatient status, the licensed facility must
  719  immediately notify the patient of such status using the form
  720  adopted under 42 C.F.R. s. 489.20 for Medicare patients or a
  721  form adopted by agency rule for non-Medicare patients. Such
  722  notification must observation services shall be documented in
  723  the patient’s medical records and discharge papers. The patient
  724  or the patient’s survivor or legal guardian must shall be
  725  notified of observation services through discharge papers, which
  726  may also include brochures, signage, or other forms of
  727  communication for this purpose.
  728         Section 14. Section 624.27, Florida Statutes, is amended to
  729  read:
  730         624.27 Direct health primary care agreements; exemption
  731  from code.—
  732         (1) As used in this section, the term:
  733         (a) “Direct health primary care agreement” means a contract
  734  between a health primary care provider and a patient, a
  735  patient’s legal representative, or a patient’s employer, which
  736  meets the requirements of subsection (4) and does not indemnify
  737  for services provided by a third party.
  738         (b) “Health Primary care provider” means a health care
  739  provider licensed under chapter 458, chapter 459, chapter 460,
  740  or chapter 464, or chapter 466, or a health primary care group
  741  practice, who provides health primary care services to patients.
  742         (c) “Health Primary care services” means the screening,
  743  assessment, diagnosis, and treatment of a patient conducted
  744  within the competency and training of the health primary care
  745  provider for the purpose of promoting health or detecting and
  746  managing disease or injury.
  747         (2) A direct health primary care agreement does not
  748  constitute insurance and is not subject to the Florida Insurance
  749  Code. The act of entering into a direct health primary care
  750  agreement does not constitute the business of insurance and is
  751  not subject to the Florida Insurance Code.
  752         (3) A health primary care provider or an agent of a health
  753  primary care provider is not required to obtain a certificate of
  754  authority or license under the Florida Insurance Code to market,
  755  sell, or offer to sell a direct health primary care agreement.
  756         (4) For purposes of this section, a direct health primary
  757  care agreement must:
  758         (a) Be in writing.
  759         (b) Be signed by the health primary care provider or an
  760  agent of the health primary care provider and the patient, the
  761  patient’s legal representative, or the patient’s employer.
  762         (c) Allow a party to terminate the agreement by giving the
  763  other party at least 30 days’ advance written notice. The
  764  agreement may provide for immediate termination due to a
  765  violation of the physician-patient relationship or a breach of
  766  the terms of the agreement.
  767         (d) Describe the scope of health primary care services that
  768  are covered by the monthly fee.
  769         (e) Specify the monthly fee and any fees for health primary
  770  care services not covered by the monthly fee.
  771         (f) Specify the duration of the agreement and any automatic
  772  renewal provisions.
  773         (g) Offer a refund to the patient, the patient’s legal
  774  representative, or the patient’s employer of monthly fees paid
  775  in advance if the health primary care provider ceases to offer
  776  health primary care services for any reason.
  777         (h) Contain, in contrasting color and in at least 12-point
  778  type, the following statement on the signature page: “This
  779  agreement is not health insurance and the health primary care
  780  provider will not file any claims against the patient’s health
  781  insurance policy or plan for reimbursement of any health primary
  782  care services covered by the agreement. This agreement does not
  783  qualify as minimum essential coverage to satisfy the individual
  784  shared responsibility provision of the Patient Protection and
  785  Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not
  786  workers’ compensation insurance and does not replace an
  787  employer’s obligations under chapter 440.”
  788         Section 15. Effective January 1, 2020, section 627.42393,
  789  Florida Statutes, is created to read:
  790         627.42393 Step-therapy protocol.—
  791         (1) A health insurer issuing a major medical individual or
  792  group policy may not require a step-therapy protocol under the
  793  policy for a covered prescription drug requested by an insured
  794  if:
  795         (a) The insured has previously been approved to receive the
  796  prescription drug through the completion of a step-therapy
  797  protocol required by a separate health coverage plan; and
  798         (b) The insured provides documentation originating from the
  799  health coverage plan that approved the prescription drug as
  800  described in paragraph (a) indicating that the health coverage
  801  plan paid for the drug on the insured’s behalf during the 180
  802  days immediately prior to the request.
  803         (2) As used in this section, the term “health coverage
  804  plan” means any of the following which previously provided or is
  805  currently providing major medical or similar comprehensive
  806  coverage or benefits to the insured:
  807         (a) A health insurer or health maintenance organization.
  808         (b)A plan established or maintained by an individual
  809  employer as provided by the Employee Retirement Income Security
  810  Act of 1974, Pub. L. No. 93-406.
  811         (c) A multiple-employer welfare arrangement as defined in
  812  s. 624.437.
  813         (d) A governmental entity providing a plan of self
  814  insurance.
  815         Section 16. Effective January 1, 2020, subsection (45) is
  816  added to section 641.31, Florida Statutes, to read:
  817         641.31 Health maintenance contracts.—
  818         (45)(a) A health maintenance organization issuing major
  819  medical coverage through an individual or group contract may not
  820  require a step-therapy protocol under the contract for a covered
  821  prescription drug requested by a subscriber if:
  822         1. The subscriber has previously been approved to receive
  823  the prescription drug through the completion of a step-therapy
  824  protocol required by a separate health coverage plan; and
  825         2. The subscriber provides documentation originating from
  826  the health coverage plan that approved the prescription drug as
  827  described in subparagraph 1. indicating that the health coverage
  828  plan paid for the drug on the subscriber’s behalf during the 180
  829  days immediately prior to the request.
  830         (b) As used in this subsection, the term “health coverage
  831  plan” means any of the following which previously provided or is
  832  currently providing major medical or similar comprehensive
  833  coverage or benefits to the subscriber:
  834         1. A health insurer or health maintenance organization;
  835         2.A plan established or maintained by an individual
  836  employer as provided by the Employee Retirement Income Security
  837  Act of 1974, Pub. L. No. 93-406;
  838         3. A multiple-employer welfare arrangement as defined in s.
  839  624.437; or
  840         4. A governmental entity providing a plan of self
  841  insurance.
  842         Section 17. Present subsection (6) of section 409.973,
  843  Florida Statutes, is redesignated as subsection (7), and a new
  844  subsection (6) is added to that section, to read:
  845         409.973 Benefits.—
  846         (6) PROVISION OF PRESCRIPTION DRUG SERVICES.—
  847         (a) A managed care plan may not require a step-therapy
  848  approval process for a covered prescription drug requested by an
  849  enrolled recipient if:
  850         1. The recipient has been approved to receive the
  851  prescription drug through the completion of a step-therapy
  852  approval process required by a managed care plan in which the
  853  recipient was previously enrolled under this part; and
  854         2. The managed care plan in which the recipient was
  855  previously enrolled has paid for the drug on the recipients
  856  behalf during the 180 days immediately before the request.
  857         (b) The agency shall implement paragraph (a) by amending
  858  managed care plan contracts concurrent with the start of a new
  859  capitation cycle.
  860         Section 18. Section 627.4303, Florida Statutes, is created
  861  to read:
  862         627.4303 Price transparency in contracts between health
  863  insurers and health care providers.—
  864         (1) As used in this section, the term “health insurer”
  865  means a health insurer issuing major medical coverage through an
  866  individual or group policy or a health maintenance organization
  867  issuing major medical coverage through an individual or group
  868  contract.
  869         (2) A health insurer may not limit a provider’s ability to
  870  disclose whether a patient’s cost-sharing obligation exceeds the
  871  cash price for a covered service in the absence of health
  872  insurance coverage or the availability of a more affordable
  873  service.
  874         (3) A health insurer may not require an insured to make a
  875  payment for a covered service in an amount that exceeds the cash
  876  price of the service in the absence of health insurance
  877  coverage.
  878         Section 19. Section 456.4501, Florida Statutes, is created
  879  to read:
  880         456.4501 Interstate Medical Licensure Compact.—The
  881  Interstate Medical Licensure Compact is hereby enacted into law
  882  and entered into by this state with all other jurisdictions
  883  legally joining therein in the form substantially as follows:
  884  
  885                              SECTION 1                            
  886                               PURPOSE                             
  887  
  888         In order to strengthen access to health care, and in
  889  recognition of the advances in the delivery of health care, the
  890  member states of the Interstate Medical Licensure Compact have
  891  allied in common purpose to develop a comprehensive process that
  892  complements the existing licensing and regulatory authority of
  893  state medical boards, provides a streamlined process that allows
  894  physicians to become licensed in multiple states, thereby
  895  enhancing the portability of a medical license and ensuring the
  896  safety of patients. The Compact creates another pathway for
  897  licensure and does not otherwise change a states existing
  898  Medical Practice Act. The Compact also adopts the prevailing
  899  standard for licensure and affirms that the practice of medicine
  900  occurs where the patient is located at the time of the
  901  physician-patient encounter, and therefore, requires the
  902  physician to be under the jurisdiction of the state medical
  903  board where the patient is located. State medical boards that
  904  participate in the Compact retain the jurisdiction to impose an
  905  adverse action against a license to practice medicine in that
  906  state issued to a physician through the procedures in the
  907  Compact.
  908  
  909                              SECTION 2                            
  910                             DEFINITIONS                           
  911  
  912         In this compact:
  913         (a)“Bylaws” means those bylaws established by the
  914  Interstate Commission pursuant to Section 11 for its governance,
  915  or for directing and controlling its actions and conduct.
  916         (b)“Commissioner” means the voting representative
  917  appointed by each member board pursuant to Section 11.
  918         (c)“Conviction” means a finding by a court that an
  919  individual is guilty of a criminal offense through adjudication,
  920  or entry of a plea of guilt or no contest to the charge by the
  921  offender. Evidence of an entry of a conviction of a criminal
  922  offense by the court shall be considered final for purposes of
  923  disciplinary action by a member board.
  924         (d)“Expedited License” means a full and unrestricted
  925  medical license granted by a member state to an eligible
  926  physician through the process set forth in the Compact.
  927         (e)“Interstate Commission” means the interstate commission
  928  created pursuant to Section 11.
  929         (f)“License” means authorization by a state for a
  930  physician to engage in the practice of medicine, which would be
  931  unlawful without the authorization.
  932         (g)“Medical Practice Act” means laws and regulations
  933  governing the practice of allopathic and osteopathic medicine
  934  within a member state.
  935         (h)“Member Board” means a state agency in a member state
  936  that acts in the sovereign interests of the state by protecting
  937  the public through licensure, regulation, and education of
  938  physicians as directed by the state government.
  939         (i)“Member State” means a state that has enacted the
  940  Compact.
  941         (j)“Practice of medicine” means the diagnosis, treatment,
  942  prevention, cure, or relieving of a human disease, ailment,
  943  defect, complaint, or other physical or mental condition, by
  944  attendance, advice, device, diagnostic test, or other means, or
  945  offering, undertaking, attempting to do, or holding oneself out
  946  as able to do, any of these acts.
  947         (k)“Physician” means any person who:
  948         (1)Is a graduate of a medical school accredited by the
  949  Liaison Committee on Medical Education, the Commission on
  950  Osteopathic College Accreditation, or a medical school listed in
  951  the International Medical Education Directory or its equivalent;
  952         (2)Passed each component of the United States Medical
  953  Licensing Examination (USMLE) or the Comprehensive Osteopathic
  954  Medical Licensing Examination (COMLEX-USA) within three
  955  attempts, or any of its predecessor examinations accepted by a
  956  state medical board as an equivalent examination for licensure
  957  purposes;
  958         (3)Successfully completed graduate medical education
  959  approved by the Accreditation Council for Graduate Medical
  960  Education or the American Osteopathic Association;
  961         (4)Holds specialty certification or a time-unlimited
  962  specialty certificate recognized by the American Board of
  963  Medical Specialties or the American Osteopathic Associations
  964  Bureau of Osteopathic Specialists; however, the specialty
  965  certification or a time-unlimited specialty certificate does not
  966  have to be maintained once a physician is initially determined
  967  to be eligible for expedited licensure through the Compact;
  968         (5)Possesses a full and unrestricted license to engage in
  969  the practice of medicine issued by a member board;
  970         (6)Has never been convicted, received adjudication,
  971  deferred adjudication, community supervision, or deferred
  972  disposition for any offense by a court of appropriate
  973  jurisdiction;
  974         (7)Has never held a license authorizing the practice of
  975  medicine subjected to discipline by a licensing agency in any
  976  state, federal, or foreign jurisdiction, excluding any action
  977  related to non-payment of fees related to a license;
  978         (8)Has never had a controlled substance license or permit
  979  suspended or revoked by a state or the United States Drug
  980  Enforcement Administration; and
  981         (9)Is not under active investigation by a licensing agency
  982  or law enforcement authority in any state, federal, or foreign
  983  jurisdiction.
  984         (l)“Offense” means a felony, high court misdemeanor, or
  985  crime of moral turpitude.
  986         (m)“Rule” means a written statement by the Interstate
  987  Commission promulgated pursuant to Section 12 of the Compact
  988  that is of general applicability, implements, interprets, or
  989  prescribes a policy or provision of the Compact, or an
  990  organizational, procedural, or practice requirement of the
  991  Interstate Commission, and has the force and effect of statutory
  992  law in a member state, if the rule is not inconsistent with the
  993  laws of the member state. The term includes the amendment,
  994  repeal, or suspension of an existing rule.
  995         (n)“State” means any state, commonwealth, district, or
  996  territory of the United States.
  997         (o)“State of Principal License” means a member state where
  998  a physician holds a license to practice medicine and which has
  999  been designated as such by the physician for purposes of
 1000  registration and participation in the Compact.
 1001  
 1002                              SECTION 3                            
 1003                             ELIGIBILITY                           
 1004  
 1005         (a)A physician must meet the eligibility requirements as
 1006  defined in Section 2(k) to receive an expedited license under
 1007  the terms and provisions of the Compact.
 1008         (b)A physician who does not meet the requirements of
 1009  Section 2(k) may obtain a license to practice medicine in a
 1010  member state if the individual complies with all laws and
 1011  requirements, other than the Compact, relating to the issuance
 1012  of a license to practice medicine in that state.
 1013  
 1014                              SECTION 4                            
 1015              DESIGNATION OF STATE OF PRINCIPAL LICENSE            
 1016  
 1017         (a)A physician shall designate a member state as the state
 1018  of principal license for purposes of registration for expedited
 1019  licensure through the Compact if the physician possesses a full
 1020  and unrestricted license to practice medicine in that state, and
 1021  the state is:
 1022         (1)the state of primary residence for the physician, or
 1023         (2)the state where at least 25% of the practice of
 1024  medicine occurs, or
 1025         (3)the location of the physician’s employer, or
 1026         (4)if no state qualifies under subsection (1), subsection
 1027  (2), or subsection (3), the state designated as state of
 1028  residence for purpose of federal income tax.
 1029         (b)A physician may redesignate a member state as state of
 1030  principal license at any time, as long as the state meets the
 1031  requirements in subsection (a).
 1032         (c)The Interstate Commission is authorized to develop
 1033  rules to facilitate redesignation of another member state as the
 1034  state of principal license.
 1035  
 1036                              SECTION 5                            
 1037           APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE         
 1038  
 1039         (a)A physician seeking licensure through the Compact shall
 1040  file an application for an expedited license with the member
 1041  board of the state selected by the physician as the state of
 1042  principal license.
 1043         (b)Upon receipt of an application for an expedited
 1044  license, the member board within the state selected as the state
 1045  of principal license shall evaluate whether the physician is
 1046  eligible for expedited licensure and issue a letter of
 1047  qualification, verifying or denying the physician’s eligibility,
 1048  to the Interstate Commission.
 1049         (i) Static qualifications, which include verification of
 1050  medical education, graduate medical education, results of any
 1051  medical or licensing examination, and other qualifications as
 1052  determined by the Interstate Commission through rule, shall not
 1053  be subject to additional primary source verification where
 1054  already primary source verified by the state of principal
 1055  license.
 1056         (ii) The member board within the state selected as the
 1057  state of principal license shall, in the course of verifying
 1058  eligibility, perform a criminal background check of an
 1059  applicant, including the use of the results of fingerprint or
 1060  other biometric data checks compliant with the requirements of
 1061  the Federal Bureau of Investigation, with the exception of
 1062  federal employees who have suitability determination in
 1063  accordance with U.S. 5 CFR §731.202.
 1064         (iii) Appeal on the determination of eligibility shall be
 1065  made to the member state where the application was filed and
 1066  shall be subject to the law of that state.
 1067         (c) Upon verification in subsection (b), physicians
 1068  eligible for an expedited license shall complete the
 1069  registration process established by the Interstate Commission to
 1070  receive a license in a member state selected pursuant to
 1071  subsection (a), including the payment of any applicable fees.
 1072         (d) After receiving verification of eligibility under
 1073  subsection (b) and any fees under subsection (c), a member board
 1074  shall issue an expedited license to the physician. This license
 1075  shall authorize the physician to practice medicine in the
 1076  issuing state consistent with the Medical Practice Act and all
 1077  applicable laws and regulations of the issuing member board and
 1078  member state.
 1079         (e) An expedited license shall be valid for a period
 1080  consistent with the licensure period in the member state and in
 1081  the same manner as required for other physicians holding a full
 1082  and unrestricted license within the member state.
 1083         (f) An expedited license obtained through the Compact shall
 1084  be terminated if a physician fails to maintain a license in the
 1085  state of principal licensure for a non-disciplinary reason,
 1086  without redesignation of a new state of principal licensure.
 1087         (g) The Interstate Commission is authorized to develop
 1088  rules regarding the application process, including payment of
 1089  any applicable fees, and the issuance of an expedited license.
 1090  
 1091                              SECTION 6                            
 1092                    FEES FOR EXPEDITED LICENSURE                   
 1093  
 1094         (a) A member state issuing an expedited license authorizing
 1095  the practice of medicine in that state, or the regulating
 1096  authority of the member state, may impose a fee for a license
 1097  issued or renewed through the Compact.
 1098         (b) The Interstate Commission is authorized to develop
 1099  rules regarding fees for expedited licenses. However, those
 1100  rules shall not limit the authority of a member state, or the
 1101  regulating authority of the member state, to impose and
 1102  determine the amount of a fee under subsection (a).
 1103  
 1104                              SECTION 7                            
 1105                 RENEWAL AND CONTINUED PARTICIPATION               
 1106  
 1107         (a) A physician seeking to renew an expedited license
 1108  granted in a member state shall complete a renewal process with
 1109  the Interstate Commission if the physician:
 1110         (1) Maintains a full and unrestricted license in a state of
 1111  principal license;
 1112         (2) Has not been convicted, received adjudication, deferred
 1113  adjudication, community supervision, or deferred disposition for
 1114  any offense by a court of appropriate jurisdiction;
 1115         (3) Has not had a license authorizing the practice of
 1116  medicine subject to discipline by a licensing agency in any
 1117  state, federal, or foreign jurisdiction, excluding any action
 1118  related to non-payment of fees related to a license; and
 1119         (4) Has not had a controlled substance license or permit
 1120  suspended or revoked by a state or the United States Drug
 1121  Enforcement Administration.
 1122         (b) Physicians shall comply with all continuing
 1123  professional development or continuing medical education
 1124  requirements for renewal of a license issued by a member state.
 1125         (c) The Interstate Commission shall collect any renewal
 1126  fees charged for the renewal of a license and distribute the
 1127  fees to the applicable member board.
 1128         (d) Upon receipt of any renewal fees collected in
 1129  subsection (c), a member board shall renew the physician’s
 1130  license.
 1131         (e) Physician information collected by the Interstate
 1132  Commission during the renewal process will be distributed to all
 1133  member boards.
 1134         (f) The Interstate Commission is authorized to develop
 1135  rules to address renewal of licenses obtained through the
 1136  Compact.
 1137  
 1138                              SECTION 8                            
 1139                   COORDINATED INFORMATION SYSTEM                  
 1140  
 1141         (a) The Interstate Commission shall establish a database of
 1142  all physicians licensed, or who have applied for licensure,
 1143  under Section 5.
 1144         (b) Notwithstanding any other provision of law, member
 1145  boards shall report to the Interstate Commission any public
 1146  action or complaints against a licensed physician who has
 1147  applied or received an expedited license through the Compact.
 1148         (c) Member boards shall report disciplinary or
 1149  investigatory information determined as necessary and proper by
 1150  rule of the Interstate Commission.
 1151         (d) Member boards may report any non-public complaint,
 1152  disciplinary, or investigatory information not required by
 1153  subsection (c) to the Interstate Commission.
 1154         (e) Member boards shall share complaint or disciplinary
 1155  information about a physician upon request of another member
 1156  board.
 1157         (f) All information provided to the Interstate Commission
 1158  or distributed by member boards shall be confidential, filed
 1159  under seal, and used only for investigatory or disciplinary
 1160  matters.
 1161         (g) The Interstate Commission is authorized to develop
 1162  rules for mandated or discretionary sharing of information by
 1163  member boards.
 1164  
 1165                              SECTION 9                            
 1166                        JOINT INVESTIGATIONS                       
 1167  
 1168         (a) Licensure and disciplinary records of physicians are
 1169  deemed investigative.
 1170         (b) In addition to the authority granted to a member board
 1171  by its respective Medical Practice Act or other applicable state
 1172  law, a member board may participate with other member boards in
 1173  joint investigations of physicians licensed by the member
 1174  boards.
 1175         (c) A subpoena issued by a member state shall be
 1176  enforceable in other member states.
 1177         (d) Member boards may share any investigative, litigation,
 1178  or compliance materials in furtherance of any joint or
 1179  individual investigation initiated under the Compact.
 1180         (e) Any member state may investigate actual or alleged
 1181  violations of the statutes authorizing the practice of medicine
 1182  in any other member state in which a physician holds a license
 1183  to practice medicine.
 1184  
 1185                             SECTION 10                            
 1186                        DISCIPLINARY ACTIONS                       
 1187  
 1188         (a) Any disciplinary action taken by any member board
 1189  against a physician licensed through the Compact shall be deemed
 1190  unprofessional conduct which may be subject to discipline by
 1191  other member boards, in addition to any violation of the Medical
 1192  Practice Act or regulations in that state.
 1193         (b) If a license granted to a physician by the member board
 1194  in the state of principal license is revoked, surrendered or
 1195  relinquished in lieu of discipline, or suspended, then all
 1196  licenses issued to the physician by member boards shall
 1197  automatically be placed, without further action necessary by any
 1198  member board, on the same status. If the member board in the
 1199  state of principal license subsequently reinstates the
 1200  physician’s license, a license issued to the physician by any
 1201  other member board shall remain encumbered until that respective
 1202  member board takes action to reinstate the license in a manner
 1203  consistent with the Medical Practice Act of that state.
 1204         (c) If disciplinary action is taken against a physician by
 1205  a member board not in the state of principal license, any other
 1206  member board may deem the action conclusive as to matter of law
 1207  and fact decided, and:
 1208         (i) impose the same or lesser sanction(s) against the
 1209  physician so long as such sanctions are consistent with the
 1210  Medical Practice Act of that state;
 1211         (ii) or pursue separate disciplinary action against the
 1212  physician under its respective Medical Practice Act, regardless
 1213  of the action taken in other member states.
 1214         (d) If a license granted to a physician by a member board
 1215  is revoked, surrendered or relinquished in lieu of discipline,
 1216  or suspended, then any license(s) issued to the physician by any
 1217  other member board(s) shall be suspended, automatically and
 1218  immediately without further action necessary by the other member
 1219  board(s), for ninety (90) days upon entry of the order by the
 1220  disciplining board, to permit the member board(s) to investigate
 1221  the basis for the action under the Medical Practice Act of that
 1222  state. A member board may terminate the automatic suspension of
 1223  the license it issued prior to the completion of the ninety (90)
 1224  day suspension period in a manner consistent with the Medical
 1225  Practice Act of that state.
 1226  
 1227                             SECTION 11                            
 1228           INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION         
 1229  
 1230         (a) The member states hereby create the “Interstate Medical
 1231  Licensure Compact Commission”.
 1232         (b) The purpose of the Interstate Commission is the
 1233  administration of the Interstate Medical Licensure Compact,
 1234  which is a discretionary state function.
 1235         (c) The Interstate Commission shall be a body corporate and
 1236  joint agency of the member states and shall have all the
 1237  responsibilities, powers, and duties set forth in the Compact,
 1238  and such additional powers as may be conferred upon it by a
 1239  subsequent concurrent action of the respective legislatures of
 1240  the member states in accordance with the terms of the Compact.
 1241         (d) The Interstate Commission shall consist of two voting
 1242  representatives appointed by each member state who shall serve
 1243  as Commissioners. In states where allopathic and osteopathic
 1244  physicians are regulated by separate member boards, or if the
 1245  licensing and disciplinary authority is split between multiple
 1246  member boards within a member state, the member state shall
 1247  appoint one representative from each member board. A
 1248  Commissioner shall be a(n):
 1249         (1) Allopathic or osteopathic physician appointed to a
 1250  member board;
 1251         (2) Executive director, executive secretary, or similar
 1252  executive of a member board; or
 1253         (3) Member of the public appointed to a member board.
 1254         (e) The Interstate Commission shall meet at least once each
 1255  calendar year. A portion of this meeting shall be a business
 1256  meeting to address such matters as may properly come before the
 1257  Commission, including the election of officers. The chairperson
 1258  may call additional meetings and shall call for a meeting upon
 1259  the request of a majority of the member states.
 1260         (f) The bylaws may provide for meetings of the Interstate
 1261  Commission to be conducted by telecommunication or electronic
 1262  communication.
 1263         (g) Each Commissioner participating at a meeting of the
 1264  Interstate Commission is entitled to one vote. A majority of
 1265  Commissioners shall constitute a quorum for the transaction of
 1266  business, unless a larger quorum is required by the bylaws of
 1267  the Interstate Commission. A Commissioner shall not delegate a
 1268  vote to another Commissioner. In the absence of its
 1269  Commissioner, a member state may delegate voting authority for a
 1270  specified meeting to another person from that state who shall
 1271  meet the requirements of subsection (d).
 1272         (h) The Interstate Commission shall provide public notice
 1273  of all meetings and all meetings shall be open to the public.
 1274  The Interstate Commission may close a meeting, in full or in
 1275  portion, where it determines by a two-thirds vote of the
 1276  Commissioners present that an open meeting would be likely to:
 1277         (1) Relate solely to the internal personnel practices and
 1278  procedures of the Interstate Commission;
 1279         (2) Discuss matters specifically exempted from disclosure
 1280  by federal statute;
 1281         (3) Discuss trade secrets, commercial, or financial
 1282  information that is privileged or confidential;
 1283         (4) Involve accusing a person of a crime, or formally
 1284  censuring a person;
 1285         (5) Discuss information of a personal nature where
 1286  disclosure would constitute a clearly unwarranted invasion of
 1287  personal privacy;
 1288         (6) Discuss investigative records compiled for law
 1289  enforcement purposes; or
 1290         (7) Specifically relate to the participation in a civil
 1291  action or other legal proceeding.
 1292         (i) The Interstate Commission shall keep minutes which
 1293  shall fully describe all matters discussed in a meeting and
 1294  shall provide a full and accurate summary of actions taken,
 1295  including record of any roll call votes.
 1296         (j) The Interstate Commission shall make its information
 1297  and official records, to the extent not otherwise designated in
 1298  the Compact or by its rules, available to the public for
 1299  inspection.
 1300         (k) The Interstate Commission shall establish an executive
 1301  committee, which shall include officers, members, and others as
 1302  determined by the bylaws. The executive committee shall have the
 1303  power to act on behalf of the Interstate Commission, with the
 1304  exception of rulemaking, during periods when the Interstate
 1305  Commission is not in session. When acting on behalf of the
 1306  Interstate Commission, the executive committee shall oversee the
 1307  administration of the Compact including enforcement and
 1308  compliance with the provisions of the Compact, its bylaws and
 1309  rules, and other such duties as necessary.
 1310         (l) The Interstate Commission may establish other
 1311  committees for governance and administration of the Compact.
 1312  
 1313                             SECTION 12                            
 1314           POWERS AND DUTIES OF THE INTERSTATE COMMISSION          
 1315  
 1316         The Interstate Commission shall have the duty and power to:
 1317         (a) Oversee and maintain the administration of the Compact;
 1318         (b) Promulgate rules which shall be binding to the extent
 1319  and in the manner provided for in the Compact;
 1320         (c) Issue, upon the request of a member state or member
 1321  board, advisory opinions concerning the meaning or
 1322  interpretation of the Compact, its bylaws, rules, and actions;
 1323         (d) Enforce compliance with Compact provisions, the rules
 1324  promulgated by the Interstate Commission, and the bylaws, using
 1325  all necessary and proper means, including but not limited to the
 1326  use of judicial process;
 1327         (e) Establish and appoint committees including, but not
 1328  limited to, an executive committee as required by Section 11,
 1329  which shall have the power to act on behalf of the Interstate
 1330  Commission in carrying out its powers and duties;
 1331         (f) Pay, or provide for the payment of the expenses related
 1332  to the establishment, organization, and ongoing activities of
 1333  the Interstate Commission;
 1334         (g) Establish and maintain one or more offices;
 1335         (h) Borrow, accept, hire, or contract for services of
 1336  personnel;
 1337         (i) Purchase and maintain insurance and bonds;
 1338         (j) Employ an executive director who shall have such powers
 1339  to employ, select or appoint employees, agents, or consultants,
 1340  and to determine their qualifications, define their duties, and
 1341  fix their compensation;
 1342         (k) Establish personnel policies and programs relating to
 1343  conflicts of interest, rates of compensation, and qualifications
 1344  of personnel;
 1345         (l) Accept donations and grants of money, equipment,
 1346  supplies, materials and services, and to receive, utilize, and
 1347  dispose of it in a manner consistent with the conflict of
 1348  interest policies established by the Interstate Commission;
 1349         (m) Lease, purchase, accept contributions or donations of,
 1350  or otherwise to own, hold, improve or use, any property, real,
 1351  personal, or mixed;
 1352         (n) Sell, convey, mortgage, pledge, lease, exchange,
 1353  abandon, or otherwise dispose of any property, real, personal,
 1354  or mixed;
 1355         (o) Establish a budget and make expenditures;
 1356         (p) Adopt a seal and bylaws governing the management and
 1357  operation of the Interstate Commission;
 1358         (q) Report annually to the legislatures and governors of
 1359  the member states concerning the activities of the Interstate
 1360  Commission during the preceding year. Such reports shall also
 1361  include reports of financial audits and any recommendations that
 1362  may have been adopted by the Interstate Commission;
 1363         (r) Coordinate education, training, and public awareness
 1364  regarding the Compact, its implementation, and its operation;
 1365         (s) Maintain records in accordance with the bylaws;
 1366         (t) Seek and obtain trademarks, copyrights, and patents;
 1367  and
 1368         (u) Perform such functions as may be necessary or
 1369  appropriate to achieve the purposes of the Compact.
 1370  
 1371                             SECTION 13                            
 1372                           FINANCE POWERS                          
 1373  
 1374         (a) The Interstate Commission may levy on and collect an
 1375  annual assessment from each member state to cover the cost of
 1376  the operations and activities of the Interstate Commission and
 1377  its staff. The total assessment, subject to appropriation, must
 1378  be sufficient to cover the annual budget approved each year for
 1379  which revenue is not provided by other sources. The aggregate
 1380  annual assessment amount shall be allocated upon a formula to be
 1381  determined by the Interstate Commission, which shall promulgate
 1382  a rule binding upon all member states.
 1383         (b) The Interstate Commission shall not incur obligations
 1384  of any kind prior to securing the funds adequate to meet the
 1385  same.
 1386         (c) The Interstate Commission shall not pledge the credit
 1387  of any of the member states, except by, and with the authority
 1388  of, the member state.
 1389         (d) The Interstate Commission shall be subject to a yearly
 1390  financial audit conducted by a certified or licensed public
 1391  accountant and the report of the audit shall be included in the
 1392  annual report of the Interstate Commission.
 1393  
 1394                             SECTION 14                            
 1395       ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION     
 1396  
 1397         (a) The Interstate Commission shall, by a majority of
 1398  Commissioners present and voting, adopt bylaws to govern its
 1399  conduct as may be necessary or appropriate to carry out the
 1400  purposes of the Compact within twelve (12) months of the first
 1401  Interstate Commission meeting.
 1402         (b) The Interstate Commission shall elect or appoint
 1403  annually from among its Commissioners a chairperson, a vice
 1404  chairperson, and a treasurer, each of whom shall have such
 1405  authority and duties as may be specified in the bylaws. The
 1406  chairperson, or in the chairperson’s absence or disability, the
 1407  vice-chairperson, shall preside at all meetings of the
 1408  Interstate Commission.
 1409         (c) Officers selected in subsection (b) shall serve without
 1410  remuneration from the Interstate Commission.
 1411         (d) The officers and employees of the Interstate Commission
 1412  shall be immune from suit and liability, either personally or in
 1413  their official capacity, for a claim for damage to or loss of
 1414  property or personal injury or other civil liability caused or
 1415  arising out of, or relating to, an actual or alleged act, error,
 1416  or omission that occurred, or that such person had a reasonable
 1417  basis for believing occurred, within the scope of Interstate
 1418  Commission employment, duties, or responsibilities; provided
 1419  that such person shall not be protected from suit or liability
 1420  for damage, loss, injury, or liability caused by the intentional
 1421  or willful and wanton misconduct of such person.
 1422         (1) The liability of the executive director and employees
 1423  of the Interstate Commission or representatives of the
 1424  Interstate Commission, acting within the scope of such person’s
 1425  employment or duties for acts, errors, or omissions occurring
 1426  within such person’s state, may not exceed the limits of
 1427  liability set forth under the constitution and laws of that
 1428  state for state officials, employees, and agents. The Interstate
 1429  Commission is considered to be an instrumentality of the states
 1430  for the purposes of any such action. Nothing in this subsection
 1431  shall be construed to protect such person from suit or liability
 1432  for damage, loss, injury, or liability caused by the intentional
 1433  or willful and wanton misconduct of such person.
 1434         (2) The Interstate Commission shall defend the executive
 1435  director, its employees, and subject to the approval of the
 1436  attorney general or other appropriate legal counsel of the
 1437  member state represented by an Interstate Commission
 1438  representative, shall defend such Interstate Commission
 1439  representative in any civil action seeking to impose liability
 1440  arising out of an actual or alleged act, error or omission that
 1441  occurred within the scope of Interstate Commission employment,
 1442  duties or responsibilities, or that the defendant had a
 1443  reasonable basis for believing occurred within the scope of
 1444  Interstate Commission employment, duties, or responsibilities,
 1445  provided that the actual or alleged act, error, or omission did
 1446  not result from intentional or willful and wanton misconduct on
 1447  the part of such person.
 1448         (3) To the extent not covered by the state involved, member
 1449  state, or the Interstate Commission, the representatives or
 1450  employees of the Interstate Commission shall be held harmless in
 1451  the amount of a settlement or judgment, including attorney’s
 1452  fees and costs, obtained against such persons arising out of an
 1453  actual or alleged act, error, or omission that occurred within
 1454  the scope of Interstate Commission employment, duties, or
 1455  responsibilities, or that such persons had a reasonable basis
 1456  for believing occurred within the scope of Interstate Commission
 1457  employment, duties, or responsibilities, provided that the
 1458  actual or alleged act, error, or omission did not result from
 1459  intentional or willful and wanton misconduct on the part of such
 1460  persons.
 1461  
 1462                             SECTION 15                            
 1463          RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION        
 1464  
 1465         (a) The Interstate Commission shall promulgate reasonable
 1466  rules in order to effectively and efficiently achieve the
 1467  purposes of the Compact. Notwithstanding the foregoing, in the
 1468  event the Interstate Commission exercises its rulemaking
 1469  authority in a manner that is beyond the scope of the purposes
 1470  of the Compact, or the powers granted hereunder, then such an
 1471  action by the Interstate Commission shall be invalid and have no
 1472  force or effect.
 1473         (b) Rules deemed appropriate for the operations of the
 1474  Interstate Commission shall be made pursuant to a rulemaking
 1475  process that substantially conforms to the “Model State
 1476  Administrative Procedure Act” of 2010, and subsequent amendments
 1477  thereto.
 1478         (c) Not later than thirty (30) days after a rule is
 1479  promulgated, any person may file a petition for judicial review
 1480  of the rule in the United States District Court for the District
 1481  of Columbia or the federal district where the Interstate
 1482  Commission has its principal offices, provided that the filing
 1483  of such a petition shall not stay or otherwise prevent the rule
 1484  from becoming effective unless the court finds that the
 1485  petitioner has a substantial likelihood of success. The court
 1486  shall give deference to the actions of the Interstate Commission
 1487  consistent with applicable law and shall not find the rule to be
 1488  unlawful if the rule represents a reasonable exercise of the
 1489  authority granted to the Interstate Commission.
 1490  
 1491                             SECTION 16                            
 1492                   OVERSIGHT OF INTERSTATE COMPACT                 
 1493  
 1494         (a) The executive, legislative, and judicial branches of
 1495  state government in each member state shall enforce the Compact
 1496  and shall take all actions necessary and appropriate to
 1497  effectuate the Compact’s purposes and intent. The provisions of
 1498  the Compact and the rules promulgated hereunder shall have
 1499  standing as statutory law but shall not override existing state
 1500  authority to regulate the practice of medicine.
 1501         (b) All courts shall take judicial notice of the Compact
 1502  and the rules in any judicial or administrative proceeding in a
 1503  member state pertaining to the subject matter of the Compact
 1504  which may affect the powers, responsibilities or actions of the
 1505  Interstate Commission.
 1506         (c) The Interstate Commission shall be entitled to receive
 1507  all service of process in any such proceeding, and shall have
 1508  standing to intervene in the proceeding for all purposes.
 1509  Failure to provide service of process to the Interstate
 1510  Commission shall render a judgment or order void as to the
 1511  Interstate Commission, the Compact, or promulgated rules.
 1512  
 1513                             SECTION 17                            
 1514                  ENFORCEMENT OF INTERSTATE COMPACT                
 1515  
 1516         (a) The Interstate Commission, in the reasonable exercise
 1517  of its discretion, shall enforce the provisions and rules of the
 1518  Compact.
 1519         (b) The Interstate Commission may, by majority vote of the
 1520  Commissioners, initiate legal action in the United States
 1521  District Court for the District of Columbia, or, at the
 1522  discretion of the Interstate Commission, in the federal district
 1523  where the Interstate Commission has its principal offices, to
 1524  enforce compliance with the provisions of the Compact, and its
 1525  promulgated rules and bylaws, against a member state in default.
 1526  The relief sought may include both injunctive relief and
 1527  damages. In the event judicial enforcement is necessary, the
 1528  prevailing party shall be awarded all costs of such litigation
 1529  including reasonable attorney’s fees.
 1530         (c) The remedies herein shall not be the exclusive remedies
 1531  of the Interstate Commission. The Interstate Commission may
 1532  avail itself of any other remedies available under state law or
 1533  the regulation of a profession.
 1534  
 1535                             SECTION 18                            
 1536                         DEFAULT PROCEDURES                        
 1537  
 1538         (a) The grounds for default include, but are not limited
 1539  to, failure of a member state to perform such obligations or
 1540  responsibilities imposed upon it by the Compact, or the rules
 1541  and bylaws of the Interstate Commission promulgated under the
 1542  Compact.
 1543         (b) If the Interstate Commission determines that a member
 1544  state has defaulted in the performance of its obligations or
 1545  responsibilities under the Compact, or the bylaws or promulgated
 1546  rules, the Interstate Commission shall:
 1547         (1) Provide written notice to the defaulting state and
 1548  other member states, of the nature of the default, the means of
 1549  curing the default, and any action taken by the Interstate
 1550  Commission. The Interstate Commission shall specify the
 1551  conditions by which the defaulting state must cure its default;
 1552  and
 1553         (2) Provide remedial training and specific technical
 1554  assistance regarding the default.
 1555         (c) If the defaulting state fails to cure the default, the
 1556  defaulting state shall be terminated from the Compact upon an
 1557  affirmative vote of a majority of the Commissioners and all
 1558  rights, privileges, and benefits conferred by the Compact shall
 1559  terminate on the effective date of termination. A cure of the
 1560  default does not relieve the offending state of obligations or
 1561  liabilities incurred during the period of the default.
 1562         (d) Termination of membership in the Compact shall be
 1563  imposed only after all other means of securing compliance have
 1564  been exhausted. Notice of intent to terminate shall be given by
 1565  the Interstate Commission to the governor, the majority and
 1566  minority leaders of the defaulting state’s legislature, and each
 1567  of the member states.
 1568         (e) The Interstate Commission shall establish rules and
 1569  procedures to address licenses and physicians that are
 1570  materially impacted by the termination of a member state, or the
 1571  withdrawal of a member state.
 1572         (f) The member state which has been terminated is
 1573  responsible for all dues, obligations, and liabilities incurred
 1574  through the effective date of termination including obligations,
 1575  the performance of which extends beyond the effective date of
 1576  termination.
 1577         (g) The Interstate Commission shall not bear any costs
 1578  relating to any state that has been found to be in default or
 1579  which has been terminated from the Compact, unless otherwise
 1580  mutually agreed upon in writing between the Interstate
 1581  Commission and the defaulting state.
 1582         (h) The defaulting state may appeal the action of the
 1583  Interstate Commission by petitioning the United States District
 1584  Court for the District of Columbia or the federal district where
 1585  the Interstate Commission has its principal offices. The
 1586  prevailing party shall be awarded all costs of such litigation
 1587  including reasonable attorney’s fees.
 1588  
 1589                             SECTION 19                            
 1590                         DISPUTE RESOLUTION                        
 1591  
 1592         (a) The Interstate Commission shall attempt, upon the
 1593  request of a member state, to resolve disputes which are subject
 1594  to the Compact and which may arise among member states or member
 1595  boards.
 1596         (b) The Interstate Commission shall promulgate rules
 1597  providing for both mediation and binding dispute resolution as
 1598  appropriate.
 1599  
 1600                             SECTION 20                            
 1601             MEMBER STATES, EFFECTIVE DATE AND AMENDMENT           
 1602  
 1603         (a) Any state is eligible to become a member state of the
 1604  Compact.
 1605         (b) The Compact shall become effective and binding upon
 1606  legislative enactment of the Compact into law by no less than
 1607  seven (7) states. Thereafter, it shall become effective and
 1608  binding on a state upon enactment of the Compact into law by
 1609  that state.
 1610         (c) The governors of non-member states, or their designees,
 1611  shall be invited to participate in the activities of the
 1612  Interstate Commission on a non-voting basis prior to adoption of
 1613  the Compact by all states.
 1614         (d) The Interstate Commission may propose amendments to the
 1615  Compact for enactment by the member states. No amendment shall
 1616  become effective and binding upon the Interstate Commission and
 1617  the member states unless and until it is enacted into law by
 1618  unanimous consent of the member states.
 1619  
 1620                             SECTION 21                            
 1621                             WITHDRAWAL                            
 1622  
 1623         (a) Once effective, the Compact shall continue in force and
 1624  remain binding upon each and every member state; provided that a
 1625  member state may withdraw from the Compact by specifically
 1626  repealing the statute which enacted the Compact into law.
 1627         (b) Withdrawal from the Compact shall be by the enactment
 1628  of a statute repealing the same, but shall not take effect until
 1629  one (1) year after the effective date of such statute and until
 1630  written notice of the withdrawal has been given by the
 1631  withdrawing state to the governor of each other member state.
 1632         (c) The withdrawing state shall immediately notify the
 1633  chairperson of the Interstate Commission in writing upon the
 1634  introduction of legislation repealing the Compact in the
 1635  withdrawing state.
 1636         (d) The Interstate Commission shall notify the other member
 1637  states of the withdrawing state’s intent to withdraw within
 1638  sixty (60) days of its receipt of notice provided under
 1639  subsection (c).
 1640         (e) The withdrawing state is responsible for all dues,
 1641  obligations and liabilities incurred through the effective date
 1642  of withdrawal, including obligations, the performance of which
 1643  extend beyond the effective date of withdrawal.
 1644         (f) Reinstatement following withdrawal of a member state
 1645  shall occur upon the withdrawing state reenacting the Compact or
 1646  upon such later date as determined by the Interstate Commission.
 1647         (g) The Interstate Commission is authorized to develop
 1648  rules to address the impact of the withdrawal of a member state
 1649  on licenses granted in other member states to physicians who
 1650  designated the withdrawing member state as the state of
 1651  principal license.
 1652  
 1653                             SECTION 22                            
 1654                             DISSOLUTION                           
 1655  
 1656         (a) The Compact shall dissolve effective upon the date of
 1657  the withdrawal or default of the member state which reduces the
 1658  membership in the Compact to one (1) member state.
 1659         (b) Upon the dissolution of the Compact, the Compact
 1660  becomes null and void and shall be of no further force or
 1661  effect, and the business and affairs of the Interstate
 1662  Commission shall be concluded and surplus funds shall be
 1663  distributed in accordance with the bylaws.
 1664  
 1665                             SECTION 23                            
 1666                    SEVERABILITY AND CONSTRUCTION                  
 1667  
 1668         (a) The provisions of the Compact shall be severable, and
 1669  if any phrase, clause, sentence, or provision is deemed
 1670  unenforceable, the remaining provisions of the Compact shall be
 1671  enforceable.
 1672         (b) The provisions of the Compact shall be liberally
 1673  construed to effectuate its purposes.
 1674         (c) Nothing in the Compact shall be construed to prohibit
 1675  the applicability of other interstate compacts to which the
 1676  states are members.
 1677  
 1678                             SECTION 24                            
 1679              BINDING EFFECT OF COMPACT AND OTHER LAWS             
 1680  
 1681         (a) Nothing herein prevents the enforcement of any other
 1682  law of a member state that is not inconsistent with the Compact.
 1683         (b) All laws in a member state in conflict with the Compact
 1684  are superseded to the extent of the conflict.
 1685         (c) All lawful actions of the Interstate Commission,
 1686  including all rules and bylaws promulgated by the Commission,
 1687  are binding upon the member states.
 1688         (d) All agreements between the Interstate Commission and
 1689  the member states are binding in accordance with their terms.
 1690         (e) In the event any provision of the Compact exceeds the
 1691  constitutional limits imposed on the legislature of any member
 1692  state, such provision shall be ineffective to the extent of the
 1693  conflict with the constitutional provision in question in that
 1694  member state.
 1695         Section 20. Except as otherwise expressly provided in this
 1696  act, this act shall take effect July 1, 2019.