SB196: Bill Text

SB196,11,3 4. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;

SB196,11,5 5. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

SB196,11,8 6. Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

SB196,11,11 7. Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

SB196,11,13 8. Has never had a controlled substance license or permit suspended or revoked by a state or the united states drug enforcement administration; and

SB196,11,15 9. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

SB196,11,16 (L) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.

SB196,11,22 (m) "Rule" means a written statement by the interstate commission promulgated pursuant to sub. (12) that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

SB196,11,24 (n) "State" means any state, commonwealth, district, or territory of the United States.

SB196,12,3 (o) "State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.

SB196,12,6 (3) Section 3 — Eligibility. (a) A physician must meet the eligibility requirements as defined in sub. (2) (k) to receive an expedited license under the terms and provisions of the compact.

SB196,12,10 (b) A physician who does not meet the requirements of sub. (2) (k) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.

SB196,12,14 (4) Section 4 — Designation of state of principal license. (a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

SB196,12,15 1. The state of primary residence for the physician; or

SB196,12,16 2. The state where at least 25% of the practice of medicine occurs, or

SB196,12,17 3. The location of the physician's employer; or

SB196,12,19 4. If no state qualifies under subd. 1., 2., or 3., the state designated as state of residence for purpose of federal income tax.

SB196,12,21 (b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in par. (a).

SB196,12,23 (c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

SB196,13,2 (5) Section 5 — Application and issuance of expedited licensure. (a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

SB196,13,6 (b) 1. Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the interstate commission.

SB196,13,11 2. Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

SB196,13,17 3. The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.

SB196,13,19 4. Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

SB196,13,23 (c) Upon verification in par. (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to par. (a), including the payment of any applicable fees.

SB196,14,3 (d) After receiving verification of eligibility under par. (b) and any fees under par. (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.

SB196,14,6 (e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

SB196,14,9 (f) An expedited license obtained though the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.

SB196,14,12 (g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

SB196,14,15 (6) Section 6 — Fees for expedited licensure. (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.

SB196,14,17 (b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.

SB196,14,20 (7) Section 7 — Renewal and continued participation. (a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:

SB196,14,21 1. Maintains a full and unrestricted license in a state of principal license;

SB196,14,24 2. Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

SB196,15,3 3. Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; and

SB196,15,5 4. Has not had a controlled substance license or permit suspended or revoked by a state or the united states drug enforcement administration.

SB196,15,8 (b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

SB196,15,10 (c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

SB196,15,12 (d) Upon receipt of any renewal fees collected in par. (c), a member board shall renew the physician's license.

SB196,15,14 (e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.

SB196,15,16 (f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.

SB196,15,19 (8) Section 8 — Coordinated information system. (a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under sub. (5).

SB196,15,22 (b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.

SB196,15,24 (c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.

SB196,16,2 (d) Member boards may report any non-public complaint, disciplinary, or investigatory information not required by par. (c) to the interstate commission.

SB196,16,4 (e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

SB196,16,7 (f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

SB196,16,9 (g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

SB196,16,11 (9) Section 9 — Joint investigations. (a) Licensure and disciplinary records of physicians are deemed investigative.

SB196,16,15 (b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

SB196,16,17 (c) A subpoena issued by a member state shall be enforceable in other member states.

SB196,16,20 (d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

SB196,16,23 (e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

SB196,17,2 (10) Section 10 — Disciplinary actions. (a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.

SB196,17,11 (b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.

SB196,17,14 (c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:

SB196,17,16 1. Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice act of that state; or

SB196,17,19 2. Pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.

SB196,18,3 (d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for 90 days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90 day suspension period in a manner consistent with the medical practice act of that state.

SB196,18,6 (11) Section 11 — Interstate medical licensure compact commission. (a) The member states hereby create the "Interstate Medical Licensure Compact Commission."

SB196,18,8 (b) The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.

SB196,18,13 (c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

SB196,18,19 (d) The interstate commission shall consist of 2 voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A Commissioner shall be:

SB196,18,20 1. An allopathic or osteopathic physician appointed to a member board;

SB196,18,22 2. An executive director, executive secretary, or similar executive of a member board; or

SB196,18,23 3. A member of the public appointed to a member board.

SB196,19,3 (e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

SB196,19,5 (f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

SB196,19,12 (g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of par. (d).

SB196,19,16 (h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:

SB196,19,18 1. Relate solely to the internal personnel practices and procedures of the interstate commission;

SB196,19,19 2. Discuss matters specifically exempted from disclosure by federal statute;

SB196,19,21 3. Discuss trade secrets, commercial, or financial information that is privileged or confidential;

SB196,19,22 4. Involve accusing a person of a crime, or formally censuring a person;

SB196,19,24 5. Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB196,19,25 6. Discuss investigative records compiled for law enforcement purposes; or

SB196,20,2 7. Specifically relate to the participation in a civil action or other legal proceeding.

SB196,20,5 (i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

SB196,20,8 (j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

SB196,20,16 (k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rule making, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.

SB196,20,18 (L) The Interstate commission may establish other committees for governance and administration of the compact.

SB196,20,20 (12) Section 12 — Powers and duties of the interstate commission. The interstate commission shall have the duty and power to:

SB196,20,21 (a) Oversee and maintain the administration of the compact;

SB196,20,23 (b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact;

SB196,21,3 (c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;

SB196,21,6 (d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

SB196,21,9 (e) Establish and appoint committees including, but not limited to, an executive committee as required by sub. (11), which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;

SB196,21,11 (f) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the interstate commission;

SB196,21,12 (g) Establish and maintain one or more offices;