Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SPB 7016 Ì268962IÎ268962 LEGISLATIVE ACTION Senate . House Comm: FAV . 12/12/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Harrell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 3154 and 3155 4 insert: 5 Section 52. Section 456.4501, Florida Statutes, is created 6 to read: 7 456.4501 Interstate Medical Licensure Compact.—The 8 Interstate Medical Licensure Compact is hereby enacted into law 9 and entered into by this state with all other jurisdictions 10 legally joining therein in the form substantially as follows: 11 12 SECTION 1 13 PURPOSE 14 15 In order to strengthen access to health care, and in 16 recognition of the advances in the delivery of health care, the 17 member states of the Interstate Medical Licensure Compact have 18 allied in common purpose to develop a comprehensive process that 19 complements the existing licensing and regulatory authority of 20 state medical boards and provides a streamlined process that 21 allows physicians to become licensed in multiple states, thereby 22 enhancing the portability of a medical license and ensuring the 23 safety of patients. The compact creates another pathway for 24 licensure and does not otherwise change a state’s existing 25 medical practice act. The compact also adopts the prevailing 26 standard for licensure and affirms that the practice of medicine 27 occurs where the patient is located at the time of the 28 physician-patient encounter and, therefore, requires the 29 physician to be under the jurisdiction of the state medical 30 board where the patient is located. State medical boards that 31 participate in the compact retain the jurisdiction to impose an 32 adverse action against a license to practice medicine in that 33 state issued to a physician through the procedures in the 34 compact. 35 36 SECTION 2 37 DEFINITIONS 38 39 As used in the compact, the term: 40 (1) “Bylaws” means those bylaws established by the 41 Interstate Commission pursuant to Section 11 for its governance 42 or for directing and controlling its actions and conduct. 43 (2) “Commissioner” means the voting representative 44 appointed by each member board pursuant to Section 11. 45 (3) “Conviction” means a finding by a court that an 46 individual is guilty of a criminal offense, through adjudication 47 or entry of a plea of guilt or no contest to the charge by the 48 offender. Evidence of an entry of a conviction of a criminal 49 offense by the court shall be considered final for purposes of 50 disciplinary action by a member board. 51 (4) “Expedited license” means a full and unrestricted 52 medical license granted by a member state to an eligible 53 physician through the process set forth in the compact. 54 (5) “Interstate Commission” means the Interstate Medical 55 Licensure Compact Commission created pursuant to Section 11. 56 (6) “License” means authorization by a state for a 57 physician to engage in the practice of medicine, which would be 58 unlawful without the authorization. 59 (7) “Medical practice act” means laws and regulations 60 governing the practice of allopathic and osteopathic medicine 61 within a member state. 62 (8) “Member board” means a state agency in a member state 63 which acts in the sovereign interests of the state by protecting 64 the public through licensure, regulation, and education of 65 physicians as directed by the state government. 66 (9) “Member state” means a state that has enacted the 67 compact. 68 (10) “Offense” means a felony, high court misdemeanor, or 69 crime of moral turpitude. 70 (11) “Physician” means any person who: 71 (a) Is a graduate of a medical school accredited by the 72 Liaison Committee on Medical Education, the Commission on 73 Osteopathic College Accreditation, or a medical school listed in 74 the International Medical Education Directory or its equivalent; 75 (b) Passed each component of the United States Medical 76 Licensing Examination (USMLE) or the Comprehensive Osteopathic 77 Medical Licensing Examination (COMLEX-USA) within three 78 attempts, or any of its predecessor examinations accepted by a 79 state medical board as an equivalent examination for licensure 80 purposes; 81 (c) Successfully completed graduate medical education 82 approved by the Accreditation Council for Graduate Medical 83 Education or the American Osteopathic Association; 84 (d) Holds specialty certification or a time-unlimited 85 specialty certificate recognized by the American Board of 86 Medical Specialties or the American Osteopathic Association’s 87 Bureau of Osteopathic Specialists; however, the specialty 88 certification or a time-unlimited specialty certificate does not 89 have to be maintained once a physician is initially determined 90 to be eligible for expedited licensure through the compact; 91 (e) Possesses a full and unrestricted license to engage in 92 the practice of medicine issued by a member board; 93 (f) Has never been convicted or received adjudication, 94 deferred adjudication, community supervision, or deferred 95 disposition for any offense by a court of appropriate 96 jurisdiction; 97 (g) Has never held a license authorizing the practice of 98 medicine subjected to discipline by a licensing agency in any 99 state, federal, or foreign jurisdiction, excluding any action 100 related to nonpayment of fees related to a license; 101 (h) Has never had a controlled substance license or permit 102 suspended or revoked by a state or the United States Drug 103 Enforcement Administration; and 104 (i) Is not under active investigation by a licensing agency 105 or law enforcement authority in any state, federal, or foreign 106 jurisdiction. 107 (12) “Practice of medicine” means the diagnosis, treatment, 108 prevention, cure, or relieving of a human disease, ailment, 109 defect, complaint, or other physical or mental condition by 110 attendance, advice, device, diagnostic test, or other means, or 111 offering, undertaking, attempting to do, or holding oneself out 112 as able to do any of these acts. 113 (13) “Rule” means a written statement by the Interstate 114 Commission adopted pursuant to Section 12 of the compact which 115 is of general applicability; implements, interprets, or 116 prescribes a policy or provision of the compact or an 117 organizational, procedural, or practice requirement of the 118 Interstate Commission; and has the force and effect of statutory 119 law in a member state, if the rule is not inconsistent with the 120 laws of the member state. The term includes the amendment, 121 repeal, or suspension of an existing rule. 122 (14) “State” means any state, commonwealth, district, or 123 territory of the United States. 124 (15) “State of principal license” means a member state 125 where a physician holds a license to practice medicine and which 126 has been designated as such by the physician for purposes of 127 registration and participation in the compact. 128 129 SECTION 3 130 ELIGIBILITY 131 132 (1) A physician must meet the eligibility requirements as 133 provided in subsection (11) of Section 2 to receive an expedited 134 license under the terms of the compact. 135 (2) A physician who does not meet the requirements 136 specified in subsection (11) of Section 2 may obtain a license 137 to practice medicine in a member state if the individual 138 complies with all laws and requirements, other than the compact, 139 relating to the issuance of a license to practice medicine in 140 that state. 141 142 SECTION 4 143 DESIGNATION OF STATE OF PRINCIPAL LICENSE 144 145 (1) A physician shall designate a member state as the state 146 of principal license for purposes of registration for expedited 147 licensure through the compact if the physician possesses a full 148 and unrestricted license to practice medicine in that state and 149 the state is: 150 (a) The state of primary residence for the physician; 151 (b) The state where at least 25 percent of the physician’s 152 practice of medicine occurs; 153 (c) The location of the physician’s employer; or 154 (d) If no state qualifies under paragraph (a), paragraph 155 (b), or paragraph (c), the state designated as the physician’s 156 state of residence for purpose of federal income tax. 157 (2) A physician may redesignate a member state as state of 158 principal license at any time, as long as the state meets one of 159 the descriptions under subsection (1). 160 (3) The Interstate Commission may develop rules to 161 facilitate redesignation of another member state as the state of 162 principal license. 163 164 SECTION 5 165 APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE 166 167 (1) A physician seeking licensure through the compact must 168 file an application for an expedited license with the member 169 board of the state selected by the physician as the state of 170 principal license. 171 (2) Upon receipt of an application for an expedited 172 license, the member board within the state selected as the state 173 of principal license shall evaluate whether the physician is 174 eligible for expedited licensure and issue a letter of 175 qualification, verifying or denying the physician’s eligibility, 176 to the Interstate Commission. 177 (a) Static qualifications, which include verification of 178 medical education, graduate medical education, results of any 179 medical or licensing examination, and other qualifications as 180 determined by the Interstate Commission through rule, are not 181 subject to additional primary source verification if already 182 primary source-verified by the state of principal license. 183 (b) The member board within the state selected as the state 184 of principal license shall, in the course of verifying 185 eligibility, perform a criminal background check of an 186 applicant, including the use of the results of fingerprint or 187 other biometric data checks compliant with the requirements of 188 the Federal Bureau of Investigation, with the exception of 189 federal employees who have a suitability determination in 190 accordance with 5 C.F.R. s. 731.202. 191 (c) Appeal on the determination of eligibility must be made 192 to the member state where the application was filed and is 193 subject to the law of that state. 194 (3) Upon verification in subsection (2), physicians 195 eligible for an expedited license must complete the registration 196 process established by the Interstate Commission to receive a 197 license in a member state selected pursuant to subsection (1). 198 (4) After receiving verification of eligibility under 199 subsection (2) and upon an applicant’s completion of any 200 registration process required under subsection (3), a member 201 board shall issue an expedited license to the physician. This 202 license authorizes the physician to practice medicine in the 203 issuing state consistent with the medical practice act and all 204 applicable laws and regulations of the issuing member board and 205 member state. 206 (5) An expedited license is valid for a period consistent 207 with the licensure period in the member state and in the same 208 manner as required for other physicians holding a full and 209 unrestricted license within the member state. 210 (6) An expedited license obtained through the compact must 211 be terminated if a physician fails to maintain a license in the 212 state of principal license for a nondisciplinary reason, without 213 redesignation of a new state of principal license. 214 (7) The Interstate Commission may develop rules regarding 215 the application process and the issuance of an expedited 216 license. 217 218 SECTION 6 219 RENEWAL AND CONTINUED PARTICIPATION 220 221 (1) A physician seeking to renew an expedited license 222 granted in a member state shall complete a renewal process with 223 the Interstate Commission if the physician: 224 (a) Maintains a full and unrestricted license in a state of 225 principal license; 226 (b) Has not been convicted or received adjudication, 227 deferred adjudication, community supervision, or deferred 228 disposition for any offense by a court of appropriate 229 jurisdiction; 230 (c) Has not had a license authorizing the practice of 231 medicine subject to discipline by a licensing agency in any 232 state, federal, or foreign jurisdiction, excluding any action 233 related to nonpayment of fees related to a license; and 234 (d) Has not had a controlled substance license or permit 235 suspended or revoked by a state or the United States Drug 236 Enforcement Administration. 237 (2) Physicians shall comply with all continuing 238 professional development or continuing medical education 239 requirements for renewal of a license issued by a member state. 240 (3) Physician information collected by the Interstate 241 Commission during the renewal process must be distributed to all 242 member boards. 243 (4) The Interstate Commission may develop rules to address 244 renewal of licenses obtained through the compact. 245 246 SECTION 7 247 COORDINATED INFORMATION SYSTEM 248 249 (1) The Interstate Commission shall establish a database of 250 all physicians licensed, or who have applied for licensure, 251 under Section 5. 252 (2) Notwithstanding any other provision of law, member 253 boards shall report to the Interstate Commission any public 254 action or complaints against a licensed physician who has 255 applied or received an expedited license through the compact. 256 (3) Member boards shall report to the Interstate Commission 257 disciplinary or investigatory information determined as 258 necessary and proper by rule of the Interstate Commission. 259 (4) Member boards may report to the Interstate Commission 260 any nonpublic complaint, disciplinary, or investigatory 261 information not required by subsection (3). 262 (5) Member boards shall share complaint or disciplinary 263 information about a physician upon request of another member 264 board. 265 (6) All information provided to the Interstate Commission 266 or distributed by member boards shall be confidential, filed 267 under seal, and used only for investigatory or disciplinary 268 matters. 269 (7) The Interstate Commission may develop rules for 270 mandated or discretionary sharing of information by member 271 boards. 272 273 SECTION 8 274 JOINT INVESTIGATIONS 275 276 (1) Licensure and disciplinary records of physicians are 277 deemed investigative. 278 (2) In addition to the authority granted to a member board 279 by its respective medical practice act or other applicable state 280 law, a member board may participate with other member boards in 281 joint investigations of physicians licensed by the member 282 boards. 283 (3) A subpoena issued by a member state is enforceable in 284 other member states. 285 (4) Member boards may share any investigative, litigation, 286 or compliance materials in furtherance of any joint or 287 individual investigation initiated under the compact. 288 (5) Any member state may investigate actual or alleged 289 violations of the statutes authorizing the practice of medicine 290 in any other member state in which a physician holds a license 291 to practice medicine. 292 293 SECTION 9 294 DISCIPLINARY ACTIONS 295 296 (1) Any disciplinary action taken by any member board 297 against a physician licensed through the compact is deemed 298 unprofessional conduct which may be subject to discipline by 299 other member boards, in addition to any violation of the medical 300 practice act or regulations in that state. 301 (2) If a license granted to a physician by the member board 302 in the state of principal license is revoked, surrendered or 303 relinquished in lieu of discipline, or suspended, then all 304 licenses issued to the physician by member boards shall 305 automatically be placed, without further action necessary by any 306 member board, on the same status. If the member board in the 307 state of principal license subsequently reinstates the 308 physician’s license, a license issued to the physician by any 309 other member board must remain encumbered until that respective 310 member board takes action to reinstate the license in a manner 311 consistent with the medical practice act of that state. 312 (3) If disciplinary action is taken against a physician by 313 a member board not in the state of principal license, any other 314 member board may deem the action conclusive as to matter of law 315 and fact decided, and: 316 (a) Impose the same or lesser sanctions against the 317 physician so long as such sanctions are consistent with the 318 medical practice act of that state; or 319 (b) Pursue separate disciplinary action against the 320 physician under its respective medical practice act, regardless 321 of the action taken in other member states. 322 (4) If a license granted to a physician by a member board 323 is revoked, surrendered or relinquished in lieu of discipline, 324 or suspended, any license issued to the physician by any other 325 member board must be suspended, automatically and immediately 326 without further action necessary by the other member boards, for 327 90 days after entry of the order by the disciplining board, to 328 permit the member boards to investigate the basis for the action 329 under the medical practice act of that state. A member board may 330 terminate the automatic suspension of the license it issued 331 before the completion of the 90-day suspension period in a 332 manner consistent with the medical practice act of that state. 333 334 SECTION 10 335 INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION 336 337 (1) The member states hereby create the Interstate Medical 338 Licensure Compact Commission. 339 (2) The purpose of the Interstate Commission is the 340 administration of the compact, which is a discretionary state 341 function. 342 (3) The Interstate Commission is a body corporate and joint 343 agency of the member states and has all the responsibilities, 344 powers, and duties set forth in the compact, and such additional 345 powers as may be conferred upon it by a subsequent concurrent 346 action of the respective legislatures of the member states in 347 accordance with the terms of the compact. 348 (4) The Interstate Commission shall consist of two voting 349 representatives appointed by each member state, who shall serve 350 as commissioners. In states where allopathic and osteopathic 351 physicians are regulated by separate member boards, or if the 352 licensing and disciplinary authority is split between multiple 353 member boards within a member state, the member state shall 354 appoint one representative from each member board. Each 355 commissioner must be one of the following: 356 (a) An allopathic or osteopathic physician appointed to a 357 member board. 358 (b) An executive director, an executive secretary, or a 359 similar executive of a member board. 360 (c) A member of the public appointed to a member board. 361 (5) The Interstate Commission shall meet at least once each 362 calendar year. A portion of this meeting must be a business 363 meeting to address such matters as may properly come before the 364 commission, including the election of officers. The chairperson 365 may call additional meetings and shall call for a meeting upon 366 the request of a majority of the member states. 367 (6) The bylaws may provide for meetings of the Interstate 368 Commission to be conducted by telecommunication or other 369 electronic means. 370 (7) Each commissioner participating at a meeting of the 371 Interstate Commission is entitled to one vote. A majority of 372 commissioners constitutes a quorum for the transaction of 373 business, unless a larger quorum is required by the bylaws of 374 the Interstate Commission. A commissioner may not delegate a 375 vote to another commissioner. In the absence of its 376 commissioner, a member state may delegate voting authority for a 377 specified meeting to another person from that state who must 378 meet the qualification requirements specified in subsection (4). 379 (8) The Interstate Commission shall provide public notice 380 of all meetings, and all meetings must be open to the public. 381 The Interstate Commission may close a meeting, in full or in 382 portion, where it determines by a two-thirds vote of the 383 commissioners present that an open meeting would be likely to: 384 (a) Relate solely to the internal personnel practices and 385 procedures of the Interstate Commission; 386 (b) Discuss matters specifically exempted from disclosure 387 by federal statute; 388 (c) Discuss trade secrets or commercial or financial 389 information that is privileged or confidential; 390 (d) Involve accusing a person of a crime, or formally 391 censuring a person; 392 (e) Discuss information of a personal nature, the 393 disclosure of which would constitute a clearly unwarranted 394 invasion of personal privacy; 395 (f) Discuss investigative records compiled for law 396 enforcement purposes; or 397 (g) Specifically relate to participation in a civil action 398 or other legal proceeding. 399 (9) The Interstate Commission shall keep minutes that fully 400 describe all matters discussed in a meeting and provide a full 401 and accurate summary of actions taken, including a record of any 402 roll call votes. 403 (10) The Interstate Commission shall make its information 404 and official records, to the extent not otherwise designated in 405 the compact or by its rules, available to the public for 406 inspection. 407 (11) The Interstate Commission shall establish an executive 408 committee, which shall include officers, members, and others as 409 determined by the bylaws. The executive committee has the power 410 to act on behalf of the Interstate Commission, with the 411 exception of rulemaking, during periods when the Interstate 412 Commission is not in session. When acting on behalf of the 413 Interstate Commission, the executive committee shall oversee the 414 administration of the compact, including enforcement and 415 compliance with the compact and its bylaws and rules, and other 416 duties as necessary. 417 (12) The Interstate Commission may establish other 418 committees for governance and administration of the compact. 419 420 SECTION 11 421 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 422 423 The Interstate Commission has all of the following powers 424 and duties: 425 (1) Overseeing and maintaining the administration of the 426 compact. 427 (2) Adopting rules, which shall be binding to the extent 428 and in the manner provided for in the compact. 429 (3) Issuing, upon the request of a member state or member 430 board, advisory opinions concerning the meaning or 431 interpretation of the compact and its bylaws, rules, and 432 actions. 433 (4) Enforcing compliance with the compact, the rules 434 adopted by the Interstate Commission, and the bylaws, using all 435 necessary and proper means, including, but not limited to, the 436 use of judicial process. 437 (5) Establishing and appointing committees, including, but 438 not limited to, an executive committee as required by Section 439 11, which shall have the power to act on behalf of the 440 Interstate Commission in carrying out its powers and duties. 441 (6) Paying for or providing for the payment of the expenses 442 related to the establishment, organization, and ongoing 443 activities of the Interstate Commission. 444 (7) Establishing and maintaining one or more offices. 445 (8) Borrowing, accepting, hiring, or contracting for 446 services of personnel. 447 (9) Purchasing and maintaining insurance and bonds. 448 (10) Employing an executive director, who shall have the 449 power to employ, select, or appoint employees, agents, or 450 consultants and to determine their qualifications, define their 451 duties, and fix their compensation. 452 (11) Establishing personnel policies and programs relating 453 to conflicts of interest, rates of compensation, and 454 qualifications of personnel. 455 (12) Accepting donations and grants of money, equipment, 456 supplies, materials, and services and receiving, using, and 457 disposing of them in a manner consistent with the conflict-of 458 interest policies established by the Interstate Commission. 459 (13) Leasing, purchasing, accepting contributions or 460 donations of, or otherwise owning, holding, improving, or using 461 any property, real, personal, or mixed. 462 (14) Selling conveying, mortgaging, pledging, leasing, 463 exchanging, abandoning, or otherwise disposing of any property, 464 real, personal, or mixed. 465 (15) Establishing a budget and making expenditures. 466 (16) Adopting a seal and bylaws governing the management 467 and operation of the Interstate Commission. 468 (17) Reporting annually to the legislatures and governors 469 of the member states concerning the activities of the Interstate 470 Commission during the preceding year. Such reports must also 471 include reports of financial audits and any recommendations that 472 may have been adopted by the Interstate Commission. 473 (18) Coordinating education, training, and public awareness 474 regarding the compact and its implementation and operation. 475 (19) Maintaining records in accordance with the bylaws. 476 (20) Seeking and obtaining trademarks, copyrights, and 477 patents. 478 (21) Performing any other functions necessary or 479 appropriate to achieve the purposes of the compact. 480 481 SECTION 12 482 FINANCE POWERS 483 484 (1) The Interstate Commission may levy on and collect an 485 annual assessment from each member state to cover the cost of 486 the operations and activities of the Interstate Commission and 487 its staff. The total assessment, subject to appropriation, must 488 be sufficient to cover the annual budget approved each year for 489 which revenue is not provided by other sources. The aggregate 490 annual assessment amount must be allocated upon a formula to be 491 determined by the Interstate Commission, which shall adopt a 492 rule binding upon all member states. 493 (2) The Interstate Commission may not incur obligations of 494 any kind before securing the funds adequate to meet the same. 495 (3) The Interstate Commission may not pledge the credit of 496 any of the member states, except by, and with the authority of, 497 the member state. 498 (4) The Interstate Commission is subject to an annual 499 financial audit conducted by a certified or licensed public 500 accountant, and the report of the audit must be included in the 501 annual report of the Interstate Commission. 502 503 SECTION 13 504 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 505 506 (1) The Interstate Commission shall, by a majority of 507 commissioners present and voting, adopt bylaws to govern its 508 conduct as may be necessary or appropriate to carry out the 509 purposes of the compact within 12 months after the first 510 Interstate Commission meeting. 511 (2) The Interstate Commission shall elect or appoint 512 annually from among its commissioners a chairperson, a vice 513 chairperson, and a treasurer, each of whom shall have such 514 authority and duties as may be specified in the bylaws. The 515 chairperson, or in the chairperson’s absence or disability, the 516 vice chairperson, shall preside over all meetings of the 517 Interstate Commission. 518 (3) Officers selected pursuant to subsection (2) shall 519 serve without remuneration from the Interstate Commission. 520 (4) The officers and employees of the Interstate Commission 521 are immune from suit and liability, either personally or in 522 their official capacity, for a claim for damage to or loss of 523 property or personal injury or other civil liability caused or 524 arising out of, or relating to, an actual or alleged act, error, 525 or omission that occurred, or that such person had a reasonable 526 basis for believing occurred, within the scope of Interstate 527 Commission employment, duties, or responsibilities; provided 528 that such person is not protected from suit or liability for 529 damage, loss, injury, or liability caused by the intentional or 530 willful and wanton misconduct of such person. 531 (a) The liability of the executive director and employees 532 of the Interstate Commission or representatives of the 533 Interstate Commission, acting within the scope of such person’s 534 employment or duties for acts, errors, or omissions occurring 535 within such person’s state, may not exceed the limits of 536 liability set forth under the constitution and laws of that 537 state for state officials, employees, and agents. The Interstate 538 Commission is considered to be an instrumentality of the states 539 for the purposes of any such action. Nothing in this subsection 540 may be construed to protect such person from suit or liability 541 for damage, loss, injury, or liability caused by the intentional 542 or willful and wanton misconduct of such person. 543 (b) The Interstate Commission shall defend the executive 544 director and its employees and, subject to the approval of the 545 attorney general or other appropriate legal counsel of the 546 member state represented by an Interstate Commission 547 representative, shall defend such persons in any civil action 548 seeking to impose liability arising out of an actual or alleged 549 act, error, or omission that occurred within the scope of 550 Interstate Commission employment, duties, or responsibilities, 551 or that the defendant had a reasonable basis for believing 552 occurred within the scope of Interstate Commission employment, 553 duties, or responsibilities, provided that the actual or alleged 554 act, error, or omission did not result from intentional or 555 willful and wanton misconduct on the part of such person. 556 (c) To the extent not covered by the state involved, the 557 member state, or the Interstate Commission, the representatives 558 or employees of the Interstate Commission must be held harmless 559 in the amount of a settlement or judgment, including attorney 560 fees and costs, obtained against such persons arising out of an 561 actual or alleged act, error, or omission that occurred within 562 the scope of Interstate Commission employment, duties, or 563 responsibilities, or that such persons had a reasonable basis 564 for believing occurred within the scope of Interstate Commission 565 employment, duties, or responsibilities, provided that the 566 actual or alleged act, error, or omission did not result from 567 intentional or willful and wanton misconduct on the part of such 568 persons. 569 570 SECTION 14 571 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 572 573 (1) The Interstate Commission shall adopt reasonable rules 574 in order to effectively and efficiently achieve the purposes of 575 the compact. However, in the event the Interstate Commission 576 exercises its rulemaking authority in a manner that is beyond 577 the scope of the purposes of the compact, or the powers granted 578 hereunder, then such an action by the Interstate Commission is 579 invalid and has no force or effect. 580 (2) Rules deemed appropriate for the operations of the 581 Interstate Commission must be made pursuant to a rulemaking 582 process that substantially conforms to the “Model State 583 Administrative Procedure Act” of 2010, and subsequent amendments 584 thereto. 585 (3) Not later than 30 days after a rule is adopted, any 586 person may file a petition for judicial review of the rule in 587 the United States District Court for the District of Columbia or 588 the federal district where the Interstate Commission has its 589 principal offices, provided that the filing of such a petition 590 does not stay or otherwise prevent the rule from becoming 591 effective unless the court finds that the petitioner has a 592 substantial likelihood of success. The court must give deference 593 to the actions of the Interstate Commission consistent with 594 applicable law and may not find the rule to be unlawful if the 595 rule represents a reasonable exercise of the authority granted 596 to the Interstate Commission. 597 598 SECTION 15 599 OVERSIGHT OF INTERSTATE COMPACT 600 601 (1) The executive, legislative, and judicial branches of 602 state government in each member state shall enforce the compact 603 and shall take all actions necessary and appropriate to 604 effectuate the compact’s purposes and intent. The compact and 605 the rules adopted hereunder shall have standing as statutory law 606 but do not override existing state authority to regulate the 607 practice of medicine. 608 (2) All courts shall take judicial notice of the compact 609 and the rules in any judicial or administrative proceeding in a 610 member state pertaining to the subject matter of the compact 611 which may affect the powers, responsibilities, or actions of the 612 Interstate Commission. 613 (3) The Interstate Commission is entitled to receive all 614 service of process in any such proceeding and shall have 615 standing to intervene in the proceeding for all purposes. 616 Failure to provide service of process to the Interstate 617 Commission shall render a judgment or order void as to the 618 Interstate Commission, the compact, or adopted rules, as 619 applicable. 620 621 SECTION 16 622 ENFORCEMENT OF INTERSTATE COMPACT 623 624 (1) The Interstate Commission, in the reasonable exercise 625 of its discretion, shall enforce the provisions and rules of the 626 compact. 627 (2) The Interstate Commission may, by majority vote of the 628 commissioners, initiate legal action in the United States 629 District Court for the District of Columbia, or, at the 630 discretion of the Interstate Commission, in the federal district 631 where the Interstate Commission has its principal offices, to 632 enforce compliance with the compact and its adopted rules and 633 bylaws against a member state in default. The relief sought may 634 include both injunctive relief and damages. In the event 635 judicial enforcement is necessary, the prevailing party must be 636 awarded all costs of such litigation, including reasonable 637 attorney fees. 638 (3) The remedies herein are not the exclusive remedies of 639 the Interstate Commission. The Interstate Commission may avail 640 itself of any other remedies available under state law or the 641 regulation of a profession. 642 643 SECTION 17 644 DEFAULT PROCEDURES 645 646 (1) The grounds for default include, but are not limited 647 to, failure of a member state to perform such obligations or 648 responsibilities imposed upon it by the compact, or the rules 649 and bylaws of the Interstate Commission adopted under the 650 compact. 651 (2) If the Interstate Commission determines that a member 652 state has defaulted in the performance of its obligations or 653 responsibilities under the compact, or the bylaws or adopted 654 rules, the Interstate Commission shall: 655 (a) Provide written notice to the defaulting state and 656 other member states of the nature of the default, the means of 657 curing the default, and any action taken by the Interstate 658 Commission. The Interstate Commission shall specify the 659 conditions by which the defaulting state must cure its default; 660 and 661 (b) Provide remedial training and specific technical 662 assistance regarding the default. 663 (3) If the defaulting state fails to cure the default, the 664 defaulting state may be terminated from the compact upon an 665 affirmative vote of a majority of the commissioners and all 666 rights, privileges, and benefits conferred by the compact 667 terminate on the effective date of the termination. A cure of 668 the default does not relieve the offending state of obligations 669 or liabilities incurred during the period of the default. 670 (4) Termination of membership in the compact must be 671 imposed only after all other means of securing compliance have 672 been exhausted. Notice of intent to terminate must be given by 673 the Interstate Commission to the governor, the majority and 674 minority leaders of the defaulting state’s legislature, and each 675 of the member states. 676 (5) The Interstate Commission shall establish rules and 677 procedures to address licenses and physicians that are 678 materially impacted by the termination of a member state, or the 679 withdrawal of a member state. 680 (6) The member state which has been terminated is 681 responsible for all dues, obligations, and liabilities incurred 682 through the effective date of termination, including 683 obligations, the performance of which extends beyond the 684 effective date of termination. 685 (7) The Interstate Commission shall not bear any costs 686 relating to any state that has been found to be in default or 687 which has been terminated from the compact, unless otherwise 688 mutually agreed upon in writing between the Interstate 689 Commission and the defaulting state. 690 (8) The defaulting state may appeal the action of the 691 Interstate Commission by petitioning the United States District 692 Court for the District of Columbia or the federal district where 693 the Interstate Commission has its principal offices. The 694 prevailing party must be awarded all costs of such litigation 695 including reasonable attorney fees. 696 697 SECTION 18 698 DISPUTE RESOLUTION 699 700 (1) The Interstate Commission shall attempt, upon the 701 request of a member state, to resolve disputes that are subject 702 to the compact and that may arise among member states or member 703 boards. 704 (2) The Interstate Commission shall adopt rules providing 705 for both mediation and binding dispute resolution as 706 appropriate. 707 708 SECTION 19 709 MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT 710 711 (1) Any state is eligible to become a member state of the 712 compact. 713 (2) The compact becomes effective and binding upon 714 legislative enactment of the compact into law by no less than 715 seven states. Thereafter, it becomes effective and binding on a 716 state upon enactment of the compact into law by that state. 717 (3) The governors of nonmember states, or their designees, 718 must be invited to participate in the activities of the 719 Interstate Commission on a nonvoting basis before adoption of 720 the compact by all states. 721 (4) The Interstate Commission may propose amendments to the 722 compact for enactment by the member states. No amendment becomes 723 effective and binding upon the Interstate Commission and the 724 member states unless and until it is enacted into law by 725 unanimous consent of the member states. 726 727 SECTION 20 728 WITHDRAWAL 729 730 (1) Once effective, the compact shall continue in force and 731 remain binding upon each member state. However, a member state 732 may withdraw from the compact by specifically repealing the 733 statute which enacted the compact into law. 734 (2) Withdrawal from the compact must be made by the 735 enactment of a statute repealing the same, but the withdrawal 736 shall not take effect until 1 year after the effective date of 737 such statute and until written notice of the withdrawal has been 738 given by the withdrawing state to the governor of each other 739 member state. 740 (3) The withdrawing state shall immediately notify the 741 chairperson of the Interstate Commission in writing upon the 742 introduction of legislation repealing the compact in the 743 withdrawing state. 744 (4) The Interstate Commission shall notify the other member 745 states of the withdrawing state’s intent to withdraw within 60 746 days after receipt of notice provided under subsection (3). 747 (5) The withdrawing state is responsible for all dues, 748 obligations, and liabilities incurred through the effective date 749 of withdrawal, including obligations, the performance of which 750 extend beyond the effective date of withdrawal. 751 (6) Reinstatement following withdrawal of a member state 752 shall occur upon the withdrawing state reenacting the compact or 753 upon such later date as determined by the Interstate Commission. 754 (7) The Interstate Commission may develop rules to address 755 the impact of the withdrawal of a member state on licenses 756 granted in other member states to physicians who designated the 757 withdrawing member state as the state of principal license. 758 759 SECTION 21 760 DISSOLUTION 761 762 (1) The compact shall dissolve effective upon the date of 763 the withdrawal or default of the member state which reduces the 764 membership in the compact to one member state. 765 (2) Upon the dissolution of the compact, the compact 766 becomes null and void and shall be of no further force or 767 effect, the business and affairs of the Interstate Commission 768 must be concluded, and surplus funds of the Interstate 769 Commission must be distributed in accordance with the bylaws. 770 771 SECTION 22 772 SEVERABILITY AND CONSTRUCTION 773 774 (1) The provisions of the compact are severable, and if any 775 phrase, clause, sentence, or provision is deemed unenforceable, 776 the remaining provisions of the compact remain enforceable. 777 (2) The provisions of the compact must be liberally 778 construed to effectuate its purposes. 779 (3) The compact may be construed to prohibit the 780 applicability of other interstate compacts to which the states 781 are members. 782 783 SECTION 23 784 BINDING EFFECT OF COMPACT AND OTHER LAWS 785 786 (1) Nothing herein prevents the enforcement of any other 787 law of a member state which is not inconsistent with the 788 compact. 789 (2) All laws in a member state in conflict with the compact 790 are superseded to the extent of the conflict. 791 (3) All lawful actions of the Interstate Commission, 792 including all rules and bylaws adopted by the commission, are 793 binding upon the member states. 794 (4) All agreements between the Interstate Commission and 795 the member states are binding in accordance with their terms. 796 (5) In the event any provision of the compact exceeds the 797 constitutional limits imposed on the legislature of any member 798 state, such provision is ineffective to the extent of the 799 conflict with the constitutional provision in question in that 800 member state. 801 Section 53. Section 456.4502, Florida Statutes, is created 802 to read: 803 456.4502 Interstate Medical Licensure Compact; disciplinary 804 proceedings.—A physician licensed pursuant to chapter 458, 805 chapter 459, or s. 456.4501 whose license is suspended or 806 revoked by this state pursuant to the Interstate Medical 807 Licensure Compact as a result of disciplinary action taken 808 against the physician’s license in another state must be granted 809 a formal hearing before an administrative law judge from the 810 Division of Administrative Hearings held pursuant to chapter 120 811 if there are any disputed issues of material fact. In such 812 proceedings: 813 (1) Notwithstanding s. 120.569(2), the department shall 814 notify the division within 45 days after receipt of a petition 815 or request for a formal hearing. 816 (2) The determination of whether the physician has violated 817 the laws and rules regulating the practice of medicine or 818 osteopathic medicine, as applicable, including a determination 819 of the reasonable standard of care, is a conclusion of law that 820 is to be determined by appropriate board and is not a finding of 821 fact to be determined by an administrative law judge. 822 (3) The administrative law judge shall issue a recommended 823 order pursuant to chapter 120. 824 (4) The Board of Medicine or the Board of Osteopathic 825 Medicine, as applicable, shall determine and issue the final 826 order in each disciplinary case. Such order shall constitute 827 final agency action. 828 (5) Any consent order or agreed-upon settlement is subject 829 to the approval of the department. 830 (6) The department shall have standing to seek judicial 831 review of any final order of the board, pursuant to s. 120.68. 832 Section 54. Section 456.4504, Florida Statutes, is created 833 to read: 834 456.4504 Interstate Medical Licensure Compact Rules.—The 835 department may adopt rules to implement the Interstate Medical 836 Licensure Compact. 837 Section 55. Section 458.3129, Florida Statutes, is created 838 to read: 839 458.3129 Interstate Medical Licensure Compact.—A physician 840 licensed to practice allopathic medicine under s. 456.4501 is 841 deemed to also be licensed under this chapter. 842 Section 56. Section 459.074, Florida Statutes, is created 843 to read: 844 459.074 Interstate Medical Licensure Compact.—A physician 845 licensed to practice osteopathic medicine under s. 456.4501 is 846 deemed to also be licensed under this chapter. 847 Section 57. Paragraph (j) is added to subsection (10) of 848 section 768.28, Florida Statutes, to read: 849 768.28 Waiver of sovereign immunity in tort actions; 850 recovery limits; civil liability for damages caused during a 851 riot; limitation on attorney fees; statute of limitations; 852 exclusions; indemnification; risk management programs.— 853 (10) 854 (j) For purposes of this section, the representative 855 appointed from the Board of Medicine and the representative 856 appointed from the Board of Osteopathic Medicine, when serving 857 as commissioners of the Interstate Medical Licensure Compact 858 Commission pursuant to s. 456.4501, and any administrator, 859 officer, executive director, employee, or representative of the 860 Interstate Medical Licensure Compact Commission, when acting 861 within the scope of their employment, duties, or 862 responsibilities in this state, are considered agents of the 863 state. The commission shall pay any claims or judgments pursuant 864 to this section and may maintain insurance coverage to pay any 865 such claims or judgments. 866 867 ================= T I T L E A M E N D M E N T ================ 868 And the title is amended as follows: 869 Delete line 341 870 and insert: 871 act; creating s. 456.4501, F.S.; enacting the 872 Interstate Medical Licensure Compact in this state; 873 providing purposes of the compact; providing that 874 state medical boards of member states retain 875 jurisdiction to impose adverse action against licenses 876 issued under the compact; defining terms; specifying 877 eligibility requirements for physicians seeking an 878 expedited license under the compact; providing 879 requirements for designation of a state of principal 880 license for purposes of the compact; authorizing the 881 Interstate Medical Licensure Compact Commission to 882 develop certain rules; providing an application and 883 verification process for expedited licensure under the 884 compact; providing for expiration and termination of 885 expedited licenses; authorizing the Interstate 886 Commission to develop certain rules; providing 887 requirements for renewal of expedited licenses; 888 authorizing the Interstate Commission to develop 889 certain rules; providing for the establishment of a 890 database for coordinating licensure data amongst 891 member states; requiring and authorizing member boards 892 to report specified information to the database; 893 providing for confidentiality of such information; 894 providing construction; authorizing the Interstate 895 Commission to develop certain rules; authorizing 896 member states to conduct joint investigations and 897 share certain materials; providing for disciplinary 898 action of physicians licensed under the compact; 899 creating the Interstate Medical Licensure Compact 900 Commission; providing purpose and authority of the 901 commission; providing for membership and meetings of 902 the commission; providing public meeting and notice 903 requirements; authorizing closed meetings under 904 certain circumstances; providing public record 905 requirements; requiring the commission to establish an 906 executive committee; providing for membership, powers, 907 and duties of the committee; authorizing the 908 commission to establish other committees; specifying 909 powers and duties of the commission; providing for 910 financing of the commission; providing for 911 organization and operation of the commission; 912 providing limited immunity from liability for 913 commissioners and other agents or employees of the 914 commission; authorizing the commission to adopt rules; 915 providing for rulemaking procedures, including public 916 notice and meeting requirements; providing for 917 judicial review of adopted rules; providing for 918 oversight and enforcement of the compact in member 919 states; requiring courts in member states to take 920 judicial notice of the compact and the commission 921 rules for purposes of certain proceedings; providing 922 that the commission is entitled to receive service of 923 process and has standing in certain proceedings; 924 rendering judgments or orders void as to the 925 commission, the compact, or commission rules under 926 certain circumstances; providing for enforcement of 927 the compact; specifying venue and civil remedies in 928 such proceedings; providing for attorney fees; 929 providing construction; specifying default procedures 930 for member states; providing for dispute resolution 931 between member states; providing for eligibility and 932 procedures for enactment of the compact; providing for 933 amendment to the compact; specifying procedures for 934 withdrawal from and subsequent reinstatement of the 935 compact; authorizing the Interstate Commission to 936 develop certain rules; providing for dissolution of 937 the compact; providing severability and construction; 938 creating s. 456.4502, F.S.; providing that a formal 939 hearing before the Division of Administrative Hearings 940 must be held if there are any disputed issues of 941 material fact when the licenses of certain physicians 942 and osteopathic physicians are suspended or revoked by 943 this state under the compact; requiring the Department 944 of Health to notify the Division of Administrative 945 Hearings of a petition for a formal hearing within a 946 specified timeframe; requiring the administrative law 947 judge to issue a recommended order; requiring the 948 Board of Medicine or the Board of Osteopathic 949 Medicine, as applicable, to determine and issue final 950 orders in certain cases; providing the department with 951 standing to seek judicial review of any final order of 952 the boards; creating s. 456.4504, F.S.; authorizing 953 the department to adopt rules to implement the 954 compact; creating ss. 458.3129 and 459.074, F.S.; 955 providing that an allopathic physician or an 956 osteopathic physician, respectively, licensed under 957 the compact is deemed to be licensed under ch. 458, 958 F.S., or ch. 459, F.S., as applicable; amending s. 959 768.28, F.S.; designating the state commissioners of 960 the Interstate Medical Licensure Compact Commission 961 and other members or employees of the commission as 962 state agents for the purpose of applying sovereign 963 immunity and waivers of sovereign immunity; requiring 964 the commission to pay certain claims or judgments; 965 authorizing the commission to maintain insurance 966 coverage to pay such claims or judgments; providing 967 appropriations; providing effective