Summary:

 House Bill243 (HB243) relates to licensure by enacting the Interstate Medical Licensure Compact and providing for the appointment of New Mexico Compact Commissioners and requiring the filing of Interstate Commission bylaws and rules with the State Records Administrator. A duplicate Senate Bill 46 has also been introduced in the Senate.  

Legislation Overview:

 House Bill243 (HB243) creates the Interstate Medical Licensure Compact. The purpose is that member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, enhances the portability of a medical license and ensures the safety of patients.  The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act.  The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter and, therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.  State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact. 

A physician must meet the requirements as defined in the Compact or obtain a license after compliance with the laws and requirements of a state. An extensive definition of requirements are provided in the Compact language, to state: "physician" means a person who: 
(1)  is a graduate of a medical school accredited by the liaison committee on medical education, the commission on osteopathic college accreditation or a medical school listed in the World Directory of Medical Schools or its equivalent; 
(2)  passed each component of the United States medical licensing examination or the comprehensive osteopathic medical licensing examination of the United States within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes; 
(3)  successfully completed graduate medical education approved by the accreditation council for graduate medical education or the American osteopathic association; 
(4)  holds specialty certification or a time unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists; 
(5)  possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
 (6)  has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction; 
(7)  has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; 
(8)  has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration; and 
(9)  is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction.
A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Interstate Medical Licensure Compact. Multiple other criteria are provided in Compact language. 
An application must be filed in the state where the member board resides and where the physician is licensed.
The member board is to evaluate the application and issue a letter of qualification verifying or denying to the Interstate Commission. The board members are to verify eligibility and several steps are provided that the member board must comply with. Also, a process for appeal is to be made available to the applicant physician. 
After receiving verification of eligibility and payment of fees, a member board shall issue an expedited license to the physician.  This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and rules of the issuing member board and member state.  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.
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.
Fees may be set by the licensing state and a process for renewal of licensure is included in the Compact.
The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, of the Interstate Medical Licensure Compact. Member boards may report actions against the licensed physician to the Interstate Commission.
Member boards may report any non-public complaint, disciplinary or investigatory information, as well.
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.
A disciplinary action taken by a member board against a physician licensed through the Interstate Medical Licensure Compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to a violation of the medical practice act or rules in that state. If a member state license is revoked or surrendered in a member state, all other states will consider the license as on the same status for ninety days. Allowing time for member boards to investigate.
The Commission Board is created under the Compact.
 The Interstate Commission shall consist of two 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 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: 
(1)  an allopathic or osteopathic physician appointed to a member board; (2)  an executive director, executive secretary or similar executive of a member board; or 
(3)  a member of the public appointed to a member board.
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 chair may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
The Commission may meet telephonically and meetings are to be open to the public, after public notice. However, the Commission may close a meeting by two thirds vote and for reasons specified in the Compact language. Minutes shall be kept and available for public inspection with exceptions. 
The Interstate Commission shall establish an executive committee that shall include officers, members and others as determined by the bylaws.  The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session.  When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Interstate Medical Licensure Compact, including enforcement and compliance with the provisions of the Compact, its bylaws and rules and other such duties as necessary.
The Commission may establish other committees.
The duties and powers of the Commission are provided in the Compact language provided, in part, to 
A.oversee and maintain the administration of the Interstate Medical Licensure Compact; 
B.  promulgate rules that shall be binding to the extent and in the manner provided for in the Interstate Medical Licensure Compact; 
C.  issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Interstate Medical Licensure Compact, its bylaws, rules and actions; 
D.  enforce compliance with Interstate Medical Licensure Compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including the use of judicial process.
Other powers include to appoint committees, pay expenses, employee an executive director, purchase insurance and bonds, accepts donations and other contributions, set personnel policies, lease or purchase property, establish a budget, create a seal, report annully to governerors and legislatures on their activities, coordinate training and conduct other activities as necessary. 
The Interstate Commission may levy assessments on member states to cover annual budgets. The Interstate Commission shall be subject to a yearly financial audit. The Interstate Commission shall, also, elect or appoint annually from among its commissioners a chair, a vice chair and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. 
The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission.
The executive, legislative and judicial branches of state government in each member state shall enforce the Interstate Medical Licensure Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent.
The Interstate Commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Interstate Medical Licensure Compact, and its promulgated rules and bylaws, against a member state in default.
If the Interstate Commission determines that a member state has defaulted in the performance of the member state's obligations or responsibilities under the Interstate Medical Licensure Compact, or the bylaws or promulgated rules, the Interstate Commission shall have powers to act as provided in Compact language up to and including termination of membership. 
A Section of the Compact is devoted to dispute resolution as well as language for withdrawal from the Compact. A severability Section is also included in the language of the Compact.
The Governor is to appoint two commission members from the New Mexico Medical Board who are physicians. One member shall be a medical doctor and one member shall be an osteopathic physician. Each member serves at the pleasure of the Governor. Methods for replacement of appointments are provided in the Compact.
Finally, the Interstate Commission shall file copies of its current bylaws and rules with the State Records Administrator in accordance with the State Rules Act.





 

Amendments:

 Amendment March19, 2025 in SJC
SJCa/HB243: The Senate Judiciary Committee amendment to HB243 amends language that strikes the ‘Purpose” paragraph in Article 1 of the Act. Under definitions the term “gross” is struck in the definition of “offense” 
The following has been struck by the amendment in Article 8: “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.” This is in relation to the establishment of a data system for the Compact. 
All of Article 9 regarding joint investigations has been struck. 
Under Article 15, the entire reference to immunity is struck in Paragraph D and E.
Under Article 15 referring to rule making , the reference to providing court preference to the interstate commission is struck including all of Article 16 which refers to oversite of the licensing compact. The original reference was to require courts to take notice of the Compact and its rules, powers and responsibilities.
In Article 17 regarding enforcement of the Compact, the Commission may take legal action by various avenues in the Act, but would now include “state or federal courts in New Mexico”. Also under Article 17, the reference to recovery of expenses is struck including reasonable attorney fees. 
Under Article 18 referring ot default procedures, new language is added to Paragraph A to now read: “A.  The grounds for default include failure of a member state to perform such obligations or responsibilities imposed upon the member state by the Interstate Medical Licensure Compact or the rules and bylaws of the interstate commission promulgated pursuant to that compact. (New) Language of  the Interstate Medical Licensure Compact  adopted by the New Mexico  that differs from that of other member states shall not constitute g round for default.”
Referring to appeals under Article 18, Paragraph H, the terms, “state or federal courts” is inserted. Again, the right to expenses for the litigation has been struck, 
In Article 24 referring to the binding effect of the Compact on state laws the following language has been struck:

“A.  Nothing in the Interstate Medical Licensure Compact prevents the enforcement of any other law of a member state that is not inconsistent with that compact. B.  All laws in a member state in conflict with the Interstate Medical Licensure Compact are superseded to the extent of the conflict. C.  All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states. D.  All agreements between the interstate commission and the member states are binding in accordance with their terms.”