Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7078
       
       
       
       
       
                               Ì192902ÉÎ192902                          
       
       576-03882-19                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    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; providing for a special service charge under
   11         specified conditions; amending s. 395.3025, F.S.;
   12         requiring a licensed facility to furnish and provide
   13         access to patient records within a specified timeframe
   14         after receiving a request for such records; providing
   15         a conditional requirement that such records be
   16         furnished in the manner chosen by the requester;
   17         authorizing the licensed facility to charge a
   18         reasonable cost associated with reproducing such
   19         records; providing for a special service charge under
   20         specified conditions; revising provisions relating to
   21         the appropriate disclosure of patient records without
   22         consent; amending s. 397.501, F.S.; requiring a
   23         service provider to furnish and provide access to
   24         records within a specified timeframe after receiving a
   25         request from an individual or an individual’s legal
   26         representative; defining the term “legal
   27         representative”; providing a conditional requirement
   28         that such records be furnished in the manner chosen by
   29         the requester; authorizing the service provider to
   30         charge a reasonable cost associated with reproducing
   31         such records; providing for a special service charge
   32         under specified conditions; amending s. 400.145, F.S.;
   33         requiring a nursing home facility to furnish and
   34         provide access to records within a specified timeframe
   35         after receiving a request; providing a conditional
   36         requirement that such records be furnished in the
   37         manner chosen by the requester; authorizing the
   38         nursing home facility to charge a reasonable cost
   39         associated with reproducing such records; providing
   40         for a special service charge under specified
   41         conditions; amending s. 456.057, F.S.; requiring
   42         certain licensed health care practitioners to furnish
   43         and provide access to copies of reports and records
   44         within a specified timeframe after receiving a request
   45         from a patient or a patient’s legal representative;
   46         authorizing such licensed health care practitioners to
   47         impose reasonable terms necessary to preserve such
   48         reports and records; defining the term “legal
   49         representative”; authorizing such licensed health care
   50         practitioners to charge a reasonable cost associated
   51         with reproducing such reports and records; providing
   52         for a special service charge under specified
   53         conditions; amending s. 395.1012, F.S.; requiring a
   54         licensed hospital to provide specified information and
   55         data relating to patient safety and quality measures
   56         to a patient under certain circumstances or to any
   57         person upon request; creating s. 395.1052, F.S.;
   58         requiring a hospital to notify a patient’s primary
   59         care provider within a specified timeframe after the
   60         patient’s admission; requiring a hospital to inform a
   61         patient, upon admission, of the option to request
   62         consultation between the hospital’s treating physician
   63         and the patient’s primary care provider or specialist
   64         provider; requiring a hospital to notify a patient’s
   65         primary care provider of the patient’s discharge and
   66         provide specified information and records to the
   67         primary care provider within a specified timeframe
   68         after discharge; amending s. 395.301, F.S.; requiring
   69         a licensed facility, upon placing a patient on
   70         observation status, to immediately notify the patient
   71         of such status using a specified form; requiring that
   72         such notification be documented in the patient’s
   73         medical records and discharge papers; amending s.
   74         395.1055, F.S.; authorizing the reimbursement of per
   75         diem and travel expenses to members of the pediatric
   76         cardiac technical advisory panel, established within
   77         the Agency for Health Care Administration; revising
   78         panel membership to include certain alternate at-large
   79         members; providing term limits for voting members;
   80         providing immunity from civil and criminal liabilities
   81         to members of the panel; requiring the Secretary of
   82         Health Care Administration to consult the panel for
   83         advisory recommendations on certain certificate of
   84         need applications; authorizing the secretary to
   85         request announced or unannounced site visits to any
   86         existing pediatric cardiac surgical centers or
   87         facilities seeking licensure as a pediatric cardiac
   88         surgical center through the certificate of need
   89         process; providing a process for the appointment of
   90         physician experts to a site visit team; requiring each
   91         member of a site visit team to submit a report to the
   92         panel; requiring the panel to discuss such reports and
   93         present an advisory opinion to the secretary;
   94         providing requirements for an on-site inspection;
   95         requiring the Surgeon General of the Department of
   96         Health to provide specified reports to the secretary;
   97         amending s. 624.27, F.S.; expanding the scope of
   98         direct primary care agreements, which are renamed
   99         “direct health care agreements”; conforming provisions
  100         to changes made by the act; creating s. 627.42393,
  101         F.S.; prohibiting certain health insurers from
  102         employing step-therapy protocols under certain
  103         circumstances; defining the term “health coverage
  104         plan”; clarifying that a health insurer is not
  105         required to take specific actions regarding
  106         prescription drugs; amending s. 641.31, F.S.;
  107         prohibiting certain health maintenance organizations
  108         from employing step-therapy protocols under certain
  109         circumstances; defining the term “health coverage
  110         plan”; clarifying that a health maintenance
  111         organization is not required to take specific actions
  112         regarding prescription drugs; amending s. 409.973,
  113         F.S.; prohibiting Medicaid managed care plans from
  114         employing step-therapy protocols under certain
  115         circumstances; creating s. 627.4303, F.S.; defining
  116         the term “health insurer”; prohibiting limitations on
  117         price transparency with patients in contracts between
  118         health insurers and health care providers; prohibiting
  119         a health insurer from requiring an insured to make a
  120         certain payment for a covered service under certain
  121         circumstances; creating s. 456.4501, F.S.;
  122         implementing the Interstate Medical Licensure Compact
  123         in this state; providing for an interstate medical
  124         licensure process; providing requirements for
  125         multistate practice and telemedicine practice;
  126         providing effective dates.
  127          
  128  Be It Enacted by the Legislature of the State of Florida:
  129  
  130         Section 1. Present subsections (3) through (11) of section
  131  394.4615, Florida Statutes, are redesignated as subsections (5)
  132  through (13), respectively, and new subsections (3) and (4) are
  133  added to that section, to read:
  134         394.4615 Clinical records; confidentiality.—
  135         (3)(a)Within 14 working days after receiving a request
  136  made in accordance with paragraphs (2)(a), (b), or (c), a
  137  service provider must furnish applicable clinical records in its
  138  possession.
  139         (b)If a service provider maintains a system of electronic
  140  health records as defined in s. 408.051, the service provider
  141  shall furnish the requested records in the manner chosen by the
  142  requester, which may include paper documents, electronic format,
  143  access through a web-based patient portal, or submission through
  144  a patient’s electronic personal health record.
  145         (4)The service provider may charge a requester no more
  146  than the reasonable costs of reproducing the clinical records,
  147  including reasonable staff time.
  148         (a)The reasonable costs of reproducing copies of written
  149  or typed documents or reports, in any format or medium, may not
  150  exceed $1 per page for the first 25 pages and 25 cents per page
  151  for all pages thereafter.
  152         (b)The reasonable costs of reproducing X-rays and other
  153  forms of images shall be the actual costs. Actual costs shall be
  154  the sum of the cost of the material and supplies used to
  155  duplicate the record and the labor and overhead costs associated
  156  with the duplication.
  157         (c) If the nature or volume of the clinical records
  158  requested to be copied requires extensive use of information
  159  technology resources or extensive clerical or supervisory
  160  assistance by personnel of the service provider, or both, the
  161  service provider may charge, in addition to the charges imposed
  162  under paragraphs (a) and (b), a special service charge, which
  163  shall be reasonable and shall be based on the cost incurred for
  164  such extensive use of information technology resources or the
  165  labor cost of the personnel providing the service which is
  166  actually incurred by the service provider or attributable to the
  167  service provider for the clerical and supervisory assistance
  168  required, or both.
  169         (d) The charges established in this subsection apply to all
  170  records furnished, whether directly from a service provider or
  171  from a copy service acting on behalf of the service provider.
  172  However, a patient whose records are copied or searched for the
  173  purpose of continuing to receive care is not required to pay a
  174  charge for copying or for the search.
  175         Section 2. Subsection (1) and paragraph (e) of subsection
  176  (4) of section 395.3025, Florida Statutes, are amended to read:
  177         395.3025 Patient and personnel records; copies;
  178  examination.—
  179         (1)(a) Any licensed facility shall, upon written request,
  180  and only after discharge of the patient, furnish, in a timely
  181  manner as provided in paragraph (b), without delays for legal
  182  review, to any person admitted therein for care and treatment or
  183  treated thereat, or to any such person’s guardian, curator, or
  184  personal representative, or in the absence of one of those
  185  persons, to the next of kin of a decedent or the parent of a
  186  minor, or to anyone designated by such person in writing, a true
  187  and correct copy of all patient records, including X rays, and
  188  insurance information concerning such person, which records are
  189  in the possession of the licensed facility, provided the person
  190  requesting such records agrees to pay a charge as provided in
  191  paragraph (d).
  192         (b)Within 14 working days after receiving a request made
  193  in accordance with paragraph (a), a licensed facility must
  194  furnish applicable patient records in its possession.
  195         (c)If a licensed facility maintains a system of electronic
  196  health records as defined in s. 408.051, the licensed facility
  197  shall furnish the requested records in the manner chosen by the
  198  requester, which may include paper documents, electronic format,
  199  access through a web-based patient portal, or submission through
  200  a patient’s electronic personal health record.
  201         (d)The licensed facility may charge a requester no more
  202  than the reasonable costs of reproducing the patient records,
  203  including reasonable staff time.
  204         1.The reasonable costs of reproducing copies of written or
  205  typed documents or reports, in any format or medium, may not
  206  exceed $1 per page for the first 25 pages and 25 cents per page
  207  for all pages thereafter.
  208         2.The reasonable costs of reproducing X-rays and other
  209  forms of images shall be the actual costs. Actual costs shall be
  210  the sum of the cost of the material and supplies used to
  211  duplicate the record and the labor and overhead costs associated
  212  with the duplication.
  213         3. If the nature or volume of the patient records requested
  214  to be copied requires extensive use of information technology
  215  resources or extensive clerical or supervisory assistance by
  216  personnel of the licensed facility, or both, the licensed
  217  facility may charge, in addition to the charges imposed under
  218  subparagraphs 1. and 2., a special service charge, which shall
  219  be reasonable and shall be based on the cost incurred for such
  220  extensive use of information technology resources or the labor
  221  cost of the personnel providing the service which is actually
  222  incurred by the licensed facility or attributable to the
  223  licensed facility for the clerical and supervisory assistance
  224  required, or both.
  225         4. The charges established in this paragraph The exclusive
  226  charge for copies of patient records may include sales tax and
  227  actual postage, and, except for nonpaper records that are
  228  subject to a charge not to exceed $2, may not exceed $1 per
  229  page. A fee of up to $1 may be charged for each year of records
  230  requested. These charges shall apply to all records furnished,
  231  whether directly from the facility or from a copy service acting
  232  providing these services on behalf of the facility. However, a
  233  patient whose records are copied or searched for the purpose of
  234  continuing to receive medical care is not required to pay a
  235  charge for copying or for the search.
  236         (e) If a person authorized to receive copies of patient
  237  records under paragraph (a) requests to examine the licensed
  238  facility’s original records pertaining to the patient, the
  239  licensed facility shall, within 10 working days after receiving
  240  such a request, provide such person with access to examine such
  241  original records, microforms, or other suitable reproductions of
  242  such records in its possession. A licensed facility may impose
  243  any reasonable terms necessary to ensure further allow any such
  244  person to examine the original records in its possession, or
  245  microforms or other suitable reproductions of the records, upon
  246  such reasonable terms as shall be imposed to assure that the
  247  records will not be damaged, destroyed, or altered.
  248         (4) Patient records are confidential and may must not be
  249  disclosed without the consent of the patient or his or her legal
  250  representative; however, but appropriate disclosure may be made
  251  without such consent to:
  252         (e) The department agency upon subpoena issued pursuant to
  253  s. 456.071, but the records obtained thereby must be used solely
  254  for the purpose of the department agency and the appropriate
  255  professional board in its investigation, prosecution, and appeal
  256  of disciplinary proceedings. If the department agency requests
  257  copies of the records, the facility shall charge no more than
  258  its actual copying costs, including reasonable staff time. The
  259  records must be sealed and must not be available to the public
  260  pursuant to s. 119.07(1) or any other statute providing access
  261  to records, nor may they be available to the public as part of
  262  the record of investigation for and prosecution in disciplinary
  263  proceedings made available to the public by the department
  264  agency or the appropriate regulatory board. However, the
  265  department agency must make available, upon written request by a
  266  practitioner against whom probable cause has been found, any
  267  such records that form the basis of the determination of
  268  probable cause.
  269         Section 3. Present paragraphs (a) through (j) of subsection
  270  (7) of section 397.501, Florida Statutes, are redesignated as
  271  paragraphs (d) through (m), respectively, and new paragraphs
  272  (a), (b), and (c) are added to that subsection, to read:
  273         397.501 Rights of individuals.—Individuals receiving
  274  substance abuse services from any service provider are
  275  guaranteed protection of the rights specified in this section,
  276  unless otherwise expressly provided, and service providers must
  277  ensure the protection of such rights.
  278         (7) RIGHT TO ACCESS TO AND CONFIDENTIALITY OF INDIVIDUAL
  279  RECORDS.—
  280         (a)1.Within 14 working days after receiving a written
  281  request from an individual or an individual’s legal
  282  representative, a service provider shall furnish a true and
  283  correct copy of all records pertaining to that individual in the
  284  possession of the service provider.
  285         2. For the purpose of this subsection, the term “legal
  286  representative” means an individual’s legal guardian or, if the
  287  individual is younger than 18 years old, the individual’s parent
  288  or legal guardian.
  289         3. If a service provider maintains a system of electronic
  290  health records as defined in s. 408.051, the service provider
  291  shall furnish the requested records in the manner chosen by the
  292  requester, which may include paper documents, electronic format,
  293  access through a web-based patient portal, or submission through
  294  an individual’s electronic personal health record.
  295         (b)A service provider may charge the requester no more
  296  than the reasonable costs of reproducing the records, including
  297  reasonable staff time.
  298         1.The reasonable costs of reproducing copies of written or
  299  typed documents or reports, in any format or medium, may not
  300  exceed $1 per page for the first 25 pages and 25 cents per page
  301  for all pages thereafter.
  302         2.The reasonable costs of reproducing X-rays and such
  303  other kinds of records shall be the actual costs. Actual costs
  304  are the sum of the cost of the material and supplies used to
  305  duplicate the records and the labor and overhead costs
  306  associated with the duplication.
  307         3.If the nature or volume of the records requested to be
  308  copied requires extensive use of information technology
  309  resources or extensive clerical or supervisory assistance by
  310  personnel of the service provider, or both, the service provider
  311  may charge, in addition to the charges imposed under
  312  subparagraphs 1. and 2., a special service charge, which shall
  313  be reasonable and shall be based on the cost incurred for such
  314  extensive use of information technology resources or the labor
  315  cost of the personnel providing the service which is actually
  316  incurred by the service provider or attributable to the service
  317  provider for the clerical and supervisory assistance required,
  318  or both.
  319         4. The charges established in this paragraph apply to all
  320  records furnished, whether directly from a service provider or
  321  from a copy service acting on behalf of the service provider.
  322  However, an individual whose records are copied or searched for
  323  the purpose of continuing to receive care is not required to pay
  324  a charge for copying or for the search.
  325         (c)Within 10 working days after receiving a request from
  326  an individual or an individual’s legal representative to examine
  327  the service provider’s original records pertaining to that
  328  individual, a service provider shall provide access to examine
  329  such original records, microforms, or other suitable
  330  reproductions of such records in its possession. A service
  331  provider may impose any reasonable terms necessary to ensure
  332  that the records will not be damaged, destroyed, or altered.
  333         Section 4. Subsections (1) and (4) of section 400.145,
  334  Florida Statutes, are amended to read:
  335         400.145 Copies of records of care and treatment of
  336  resident.—
  337         (1) Upon receipt of a written request that complies with
  338  the federal Health Insurance Portability and Accountability Act
  339  of 1996 (HIPAA) and this section, a nursing home facility shall
  340  furnish to a competent resident, or to a representative of that
  341  resident who is authorized to make requests for the resident’s
  342  records under HIPAA or subsection (2), copies of the resident’s
  343  paper and electronic records that are in possession of the
  344  facility. Such records must include any medical records and
  345  records concerning the care and treatment of the resident
  346  performed by the facility, except for progress notes and
  347  consultation report sections of a psychiatric nature. The
  348  facility shall provide copies of the requested records according
  349  to the timeframe requirements of 42 C.F.R. s. 483.10(g)(2)(ii)
  350  for within 14 working days after receipt of a request relating
  351  to a current resident or within 30 working days after receipt of
  352  a request relating to a former resident.
  353         (4)(a) After receiving a request made in accordance with
  354  subsections (1)-(3), a nursing home facility must furnish
  355  applicable records in its possession in accordance with the
  356  timeframe requirements of subsection (1) and the provisions of
  357  this subsection.
  358         (b)If a nursing home facility maintains a system of
  359  electronic health records as defined in s. 408.051, the facility
  360  shall furnish the requested records in the manner chosen by the
  361  requester, which may include paper documents, electronic format,
  362  or access through a web-based portal.
  363         (c)The nursing home facility may charge a requester no
  364  more than the reasonable costs of reproducing the records,
  365  including reasonable staff time.
  366         1.The reasonable costs of reproducing copies of written or
  367  typed documents or reports, in any format or medium, may not
  368  exceed $1 per page for the first 25 pages and 25 cents per page
  369  for all pages thereafter.
  370         2.The reasonable costs of reproducing X-rays and other
  371  forms of images shall be the actual costs. Actual costs shall be
  372  the sum of the cost of the material and supplies used to
  373  duplicate the record and the labor and overhead costs associated
  374  with the duplication.
  375         3. If the nature or volume of the records requested to be
  376  copied requires extensive use of information technology
  377  resources or extensive clerical or supervisory assistance by
  378  personnel of the nursing home facility, or both, the facility
  379  may charge, in addition to the charges imposed under
  380  subparagraphs 1. and 2., a special service charge, which shall
  381  be reasonable and shall be based on the cost incurred for such
  382  extensive use of information technology resources or the labor
  383  cost of the personnel providing the service which is actually
  384  incurred by the facility or attributable to the facility for the
  385  clerical and supervisory assistance required, or both.
  386         4. The charges established in this paragraph apply to all
  387  records furnished, whether directly from a nursing home facility
  388  or from a copy service acting on behalf of the facility.
  389  However, a resident whose records are copied or searched for the
  390  purpose of continuing to receive care is not required to pay a
  391  charge for copying or for the search
  392         (d)Within 10 working days after receiving a request from a
  393  person who is authorized to act on behalf of a resident to
  394  examine the nursing home facility’s original records pertaining
  395  to the resident, the facility shall provide access to examine
  396  such original records, microforms, or other suitable
  397  reproductions of such records in its possession. A facility may
  398  impose any reasonable terms necessary A nursing home facility
  399  may charge a reasonable fee for the copying of resident records.
  400  Such fee may not exceed $1 per page for the first 25 pages and
  401  25 cents per page for each additional page. The facility shall
  402  allow a person who is authorized to act on behalf of the
  403  resident to examine the original records, microfilms, or other
  404  suitable reproductions of the records in its possession upon any
  405  reasonable terms imposed by the facility to ensure that the
  406  records are not damaged, destroyed, or altered.
  407         Section 5. Subsections (6) and (17) of section 456.057,
  408  Florida Statutes, are amended to read:
  409         456.057 Ownership and control of patient records; report or
  410  copies of records to be furnished; disclosure of information.—
  411         (6)(a) Any health care practitioner licensed by the
  412  department or a board within the department who makes a physical
  413  or mental examination of, or administers treatment or dispenses
  414  legend drugs to, any person shall, upon written request of such
  415  person or the person’s legal representative, furnish, within 14
  416  working days after such request in a timely manner, without
  417  delays for legal review, copies of all reports and records
  418  relating to such examination or treatment, including X-rays X
  419  rays and insurance information. If the health care practitioner
  420  maintains a system of electronic health records as defined in s.
  421  408.051, the health care practitioner shall furnish the
  422  requested records in the manner chosen by the requester, which
  423  may include paper documents, electronic format, access through a
  424  web-based patient portal, or submission through a patient’s
  425  electronic personal health record.
  426         (b)Within 10 working days after receiving a written
  427  request by a patient or the patient’s legal representative to
  428  examine the health care practitioner’s original reports and
  429  records pertaining to the patient, a health care practitioner
  430  must provide access to examine such original reports and
  431  records, or microforms or other suitable reproductions of the
  432  reports and records in the health care practitioner’s
  433  possession. The health care practitioner may impose any
  434  reasonable terms necessary to ensure that the reports and
  435  records will not be damaged, destroyed, or altered.
  436         (c) For the purposes of this subsection, the term “legal
  437  representative” means a patient’s legal guardian or, if the
  438  patient is younger than 18 years old, the patient’s parent or
  439  legal guardian.
  440         (d)However, When a patient’s psychiatric, chapter 490
  441  psychological, or chapter 491 psychotherapeutic records are
  442  requested by the patient or the patient’s legal representative,
  443  the health care practitioner may provide a report of examination
  444  and treatment in lieu of copies of records. Upon a patient’s
  445  written request, complete copies of the patient’s psychiatric
  446  records shall be provided directly to a subsequent treating
  447  psychiatrist. The furnishing of such report or copies may shall
  448  not be conditioned upon payment of a fee for services rendered.
  449         (17) A licensed health care practitioner may charge the
  450  requester no more than the reasonable costs of reproducing the
  451  reports and records, including reasonable staff time.
  452         (a)The reasonable costs of reproducing copies of written
  453  or typed documents or reports, in any format or medium, may not
  454  exceed $1 per page for the first 25 pages and 25 cents per page
  455  for all pages thereafter.
  456         (b)The reasonable costs of reproducing X-rays and such
  457  other kinds of records shall be the actual costs. Actual costs
  458  are the sum of the cost of the material and supplies used to
  459  duplicate the record and the labor and overhead costs associated
  460  with the duplication.
  461         (c)If the nature or volume of the records requested to be
  462  copied requires extensive use of information technology
  463  resources or extensive clerical or supervisory assistance by
  464  personnel of the health care practitioner, or both, the health
  465  care practitioner may charge, in addition to the charges imposed
  466  under paragraphs (a) and (b), a special service charge, which
  467  shall be reasonable and shall be based on the cost incurred for
  468  such extensive use of information technology resources or the
  469  labor cost of the personnel providing the service which is
  470  actually incurred by the health care practitioner or
  471  attributable to the health care practitioner for the clerical
  472  and supervisory assistance required, or both.
  473         (d) The charges established in this subsection apply to all
  474  reports and records furnished, whether directly from a health
  475  care practitioner or from a copy service providing such services
  476  on behalf of the health care practitioner. However, a patient
  477  whose reports and records are copied or searched for the purpose
  478  of continuing to receive medical care is not required to pay a
  479  charge for copying or for the search A health care practitioner
  480  or records owner furnishing copies of reports or records or
  481  making the reports or records available for digital scanning
  482  pursuant to this section shall charge no more than the actual
  483  cost of copying, including reasonable staff time, or the amount
  484  specified in administrative rule by the appropriate board, or
  485  the department when there is no board.
  486         Section 6. Subsection (3) is added to section 395.1012,
  487  Florida Statutes, to read:
  488         395.1012 Patient safety.—
  489         (3)(a)Each hospital shall provide to any patient upon
  490  admission, upon scheduling of nonemergency care, or prior to
  491  treatment, written information on a form created by the agency
  492  that contains the following information available for the
  493  hospital for the most recent year and the statewide average for
  494  all hospitals related to the following quality measures:
  495         1.The rate of hospital-acquired infections;
  496         2.The overall rating of the Hospital Consumer Assessment
  497  of Healthcare Providers and Systems survey; and
  498         3.The 15-day readmission rate.
  499         (b)A hospital must also provide the written information
  500  specified in paragraph (a) to any person upon request.
  501         (c)The information required by this subsection must be
  502  presented in a manner that is easily understandable and
  503  accessible to the patient and must also include an explanation
  504  of the quality measures and the relationship between patient
  505  safety and the hospital’s data for the quality measures.
  506         Section 7. Section 395.1052, Florida Statutes, is created
  507  to read:
  508         395.1052 Patient access to primary care and specialty
  509  providers; notification.—A hospital shall:
  510         (1) Notify each patient’s primary care provider, if any,
  511  within 24 hours after the patient’s admission to the hospital.
  512         (2) Inform a patient immediately upon admission that he or
  513  she may request to have the hospital’s treating physician
  514  consult with the patient’s primary care provider or specialist
  515  provider, if any, when developing the patient’s plan of care.
  516  Upon the patient’s request, the hospital’s treating physician
  517  shall make reasonable efforts to consult with the patient’s
  518  primary care provider or specialist provider when developing the
  519  patient’s plan of care.
  520         (3) Notify the patient’s primary care provider, if any, of
  521  the patient’s discharge from the hospital within 24 hours after
  522  discharge.
  523         (4) Provide the discharge summary and any related
  524  information or records to the patient’s primary care provider,
  525  if any, within 14 days after the patient’s discharge from the
  526  hospital.
  527         Section 8. Subsection (3) of section 395.301, Florida
  528  Statutes, is amended to read:
  529         395.301 Price transparency; itemized patient statement or
  530  bill; patient admission status notification.—
  531         (3) If a licensed facility places a patient on observation
  532  status rather than inpatient status, the licensed facility must
  533  immediately notify the patient of such status using the form
  534  adopted under 42 C.F.R. s. 489.20 for Medicare patients or a
  535  form adopted by agency rule for non-Medicare patients. Such
  536  notification must observation services shall be documented in
  537  the patient’s medical records and discharge papers. The patient
  538  or the patient’s survivor or legal guardian must shall be
  539  notified of observation services through discharge papers, which
  540  may also include brochures, signage, or other forms of
  541  communication for this purpose.
  542         Section 9. Present subsections (9) through (12) of section
  543  395.1055, Florida Statutes, are amended, and new subsections
  544  (10), (13), and (14) are added to that section, to read:
  545         395.1055 Rules and enforcement.—
  546         (9) The agency shall establish a pediatric cardiac
  547  technical advisory panel, pursuant to s. 20.052, to develop
  548  procedures and standards for measuring outcomes of pediatric
  549  cardiac catheterization programs and pediatric cardiovascular
  550  surgery programs.
  551         (a) Members of the panel must have technical expertise in
  552  pediatric cardiac medicine, shall serve without compensation,
  553  and may not be reimbursed for per diem and travel expenses.
  554         (b) Voting members of the panel shall include: 3 at-large
  555  members, and 3 alternate at-large members with different program
  556  affiliations, including 1 cardiologist who is board certified in
  557  caring for adults with congenital heart disease and 2 board
  558  certified pediatric cardiologists, neither of whom may be
  559  employed by any of the hospitals specified in subparagraphs 1.
  560  10. or their affiliates, each of whom is appointed by the
  561  Secretary of Health Care Administration, and 10 members, and an
  562  alternate for each member, each of whom is a pediatric
  563  cardiologist or a pediatric cardiovascular surgeon, each
  564  appointed by the chief executive officer of the following
  565  hospitals:
  566         1. Johns Hopkins All Children’s Hospital in St. Petersburg.
  567         2. Arnold Palmer Hospital for Children in Orlando.
  568         3. Joe DiMaggio Children’s Hospital in Hollywood.
  569         4. Nicklaus Children’s Hospital in Miami.
  570         5. St. Joseph’s Children’s Hospital in Tampa.
  571         6. University of Florida Health Shands Hospital in
  572  Gainesville.
  573         7. University of Miami Holtz Children’s Hospital in Miami.
  574         8. Wolfson Children’s Hospital in Jacksonville.
  575         9. Florida Hospital for Children in Orlando.
  576         10. Nemours Children’s Hospital in Orlando.
  577  
  578  Appointments made under subparagraphs 1.-10. are contingent upon
  579  the hospital’s maintenance of pediatric certificates of need and
  580  the hospital’s compliance with this section and rules adopted
  581  thereunder, as determined by the Secretary of Health Care
  582  Administration. A member appointed under subparagraphs 1.-10.
  583  whose hospital fails to maintain such certificates or comply
  584  with standards may serve only as a nonvoting member until the
  585  hospital restores such certificates or complies with such
  586  standards. A voting member may serve a maximum of two 2-year
  587  terms and may be reappointed to the panel after being retired
  588  from the panel for a full 2-year term.
  589         (c) The Secretary of Health Care Administration may appoint
  590  nonvoting members to the panel. Nonvoting members may include:
  591         1. The Secretary of Health Care Administration.
  592         2. The Surgeon General.
  593         3. The Deputy Secretary of Children’s Medical Services.
  594         4. Any current or past Division Director of Children’s
  595  Medical Services.
  596         5. A parent of a child with congenital heart disease.
  597         6. An adult with congenital heart disease.
  598         7. A representative from each of the following
  599  organizations: the Florida Chapter of the American Academy of
  600  Pediatrics, the Florida Chapter of the American College of
  601  Cardiology, the Greater Southeast Affiliate of the American
  602  Heart Association, the Adult Congenital Heart Association, the
  603  March of Dimes, the Florida Association of Children’s Hospitals,
  604  and the Florida Society of Thoracic and Cardiovascular Surgeons.
  605         (d) The panel shall meet biannually, or more frequently
  606  upon the call of the Secretary of Health Care Administration.
  607  Such meetings may be conducted telephonically, or by other
  608  electronic means.
  609         (e) The duties of the panel include recommending to the
  610  agency standards for quality of care, personnel, physical plant,
  611  equipment, emergency transportation, and data reporting for
  612  hospitals that provide pediatric cardiac services.
  613         (f) Beginning on January 1, 2020, and annually thereafter,
  614  the panel shall submit a report to the Governor, the President
  615  of the Senate, the Speaker of the House of Representatives, the
  616  Secretary of Health Care Administration, and the State Surgeon
  617  General. The report must summarize the panel’s activities during
  618  the preceding fiscal year and include data and performance
  619  measures on surgical morbidity and mortality for all pediatric
  620  cardiac programs.
  621         (g) Members of the panel are immune from any civil or
  622  criminal liability for events resulting from their good faith
  623  performance of duties assigned to them by the Secretary of
  624  Health Care Administration.
  625         (10) The Secretary of Health Care Administration shall
  626  consult the pediatric cardiac technical advisory panel for an
  627  advisory recommendation on all certificate of need applications
  628  to establish pediatric cardiac surgical centers.
  629         (11)(10) Based on the recommendations of the pediatric
  630  cardiac technical advisory panel in subsection (9), the agency
  631  shall adopt rules for pediatric cardiac programs which, at a
  632  minimum, include:
  633         (a) Standards for pediatric cardiac catheterization
  634  services and pediatric cardiovascular surgery including quality
  635  of care, personnel, physical plant, equipment, emergency
  636  transportation, data reporting, and appropriate operating hours
  637  and timeframes for mobilization for emergency procedures.
  638         (b) Outcome standards consistent with nationally
  639  established levels of performance in pediatric cardiac programs.
  640         (c) Specific steps to be taken by the agency and licensed
  641  facilities when the facilities do not meet the outcome standards
  642  within a specified time, including time required for detailed
  643  case reviews and the development and implementation of
  644  corrective action plans.
  645         (12)(11) A pediatric cardiac program shall:
  646         (a) Have a pediatric cardiology clinic affiliated with a
  647  hospital licensed under this chapter.
  648         (b) Have a pediatric cardiac catheterization laboratory and
  649  a pediatric cardiovascular surgical program located in the
  650  hospital.
  651         (c) Have a risk adjustment surgical procedure protocol
  652  following the guidelines established by the Society of Thoracic
  653  Surgeons.
  654         (d) Have quality assurance and quality improvement
  655  processes in place to enhance clinical operation and patient
  656  satisfaction with services.
  657         (e) Participate in the clinical outcome reporting systems
  658  operated by the Society of Thoracic Surgeons and the American
  659  College of Cardiology.
  660         (13)(a) The Secretary of Health Care Administration may
  661  request announced or unannounced site visits to any existing
  662  pediatric cardiac surgical center or facility seeking licensure
  663  as a pediatric cardiac surgical center through the certificate
  664  of need process, to ensure compliance with this section and
  665  rules adopted hereunder.
  666         (b) At the request of the Secretary of Health Care
  667  Administration, the pediatric cardiac technical advisory panel
  668  shall recommend in-state physician experts to conduct an on-site
  669  visit. The Secretary may also appoint up to two out-of-state
  670  physician experts.
  671         (c) A site visit team shall conduct an on-site inspection
  672  of the designated hospital’s pediatric medical and surgical
  673  programs, and each member shall submit a written report of his
  674  or her findings to the panel. The panel shall discuss the
  675  written reports and present an advisory opinion to the Secretary
  676  of Health Care Administration which includes recommendations and
  677  any suggested actions for correction.
  678         (d) Each on-site inspection must include all of the
  679  following:
  680         1. An inspection of the program’s physical facilities,
  681  clinics, and laboratories.
  682         2. Interviews with support staff and hospital
  683  administrators.
  684         3.A review of:
  685         a. Randomly selected medical records and reports,
  686  including, but not limited to, advanced cardiac imaging,
  687  computed tomography, magnetic resonance imaging, cardiac
  688  ultrasound, cardiac catheterization, and surgical operative
  689  notes.
  690         b.The program’s clinical outcome data submitted to the
  691  Society of Thoracic Surgeons and the American College of
  692  Cardiology pursuant to s. 408.05(3)(k).
  693         c.Mortality reports from cardiac-related deaths that
  694  occurred in the previous year.
  695         d. Program volume data from the preceding year for
  696  interventional and electrophysiology catheterizations and
  697  surgical procedures.
  698         (14) The Surgeon General shall provide quarterly reports to
  699  the Secretary of Health Care Administration consisting of data
  700  from the Children’s Medical Services critical congenital heart
  701  disease screening program for review by the advisory panel.
  702         (15)(12) The agency may adopt rules to administer the
  703  requirements of part II of chapter 408.
  704         Section 10. Section 624.27, Florida Statutes, is amended to
  705  read:
  706         624.27 Direct health primary care agreements; exemption
  707  from code.—
  708         (1) As used in this section, the term:
  709         (a) “Direct health primary care agreement” means a contract
  710  between a health primary care provider and a patient, a
  711  patient’s legal representative, or a patient’s employer, which
  712  meets the requirements of subsection (4) and does not indemnify
  713  for services provided by a third party.
  714         (b) “Health Primary care provider” means a health care
  715  provider licensed under chapter 458, chapter 459, chapter 460,
  716  or chapter 464, or chapter 466, or a health primary care group
  717  practice, who provides health primary care services to patients.
  718         (c) “Health Primary care services” means the screening,
  719  assessment, diagnosis, and treatment of a patient conducted
  720  within the competency and training of the health primary care
  721  provider for the purpose of promoting health or detecting and
  722  managing disease or injury.
  723         (2) A direct health primary care agreement does not
  724  constitute insurance and is not subject to the Florida Insurance
  725  Code. The act of entering into a direct health primary care
  726  agreement does not constitute the business of insurance and is
  727  not subject to the Florida Insurance Code.
  728         (3) A health primary care provider or an agent of a health
  729  primary care provider is not required to obtain a certificate of
  730  authority or license under the Florida Insurance Code to market,
  731  sell, or offer to sell a direct health primary care agreement.
  732         (4) For purposes of this section, a direct health primary
  733  care agreement must:
  734         (a) Be in writing.
  735         (b) Be signed by the health primary care provider or an
  736  agent of the health primary care provider and the patient, the
  737  patient’s legal representative, or the patient’s employer.
  738         (c) Allow a party to terminate the agreement by giving the
  739  other party at least 30 days’ advance written notice. The
  740  agreement may provide for immediate termination due to a
  741  violation of the physician-patient relationship or a breach of
  742  the terms of the agreement.
  743         (d) Describe the scope of health primary care services that
  744  are covered by the monthly fee.
  745         (e) Specify the monthly fee and any fees for health primary
  746  care services not covered by the monthly fee.
  747         (f) Specify the duration of the agreement and any automatic
  748  renewal provisions.
  749         (g) Offer a refund to the patient, the patient’s legal
  750  representative, or the patient’s employer of monthly fees paid
  751  in advance if the health primary care provider ceases to offer
  752  health primary care services for any reason.
  753         (h) Contain, in contrasting color and in at least 12-point
  754  type, the following statement on the signature page: “This
  755  agreement is not health insurance and the health primary care
  756  provider will not file any claims against the patient’s health
  757  insurance policy or plan for reimbursement of any health primary
  758  care services covered by the agreement. This agreement does not
  759  qualify as minimum essential coverage to satisfy the individual
  760  shared responsibility provision of the Patient Protection and
  761  Affordable Care Act, 26 U.S.C. s. 5000A. This agreement is not
  762  workers’ compensation insurance and does not replace an
  763  employer’s obligations under chapter 440.”
  764         Section 11. Effective January 1, 2020, section 627.42393,
  765  Florida Statutes, is created to read:
  766         627.42393 Step-therapy protocol.—
  767         (1) A health insurer issuing a major medical individual or
  768  group policy may not require a step-therapy protocol under the
  769  policy for a covered prescription drug requested by an insured
  770  if:
  771         (a) The insured has previously been approved to receive the
  772  prescription drug through the completion of a step-therapy
  773  protocol required by a separate health coverage plan; and
  774         (b) The insured provides documentation originating from the
  775  health coverage plan that approved the prescription drug as
  776  described in paragraph (a) indicating that the health coverage
  777  plan paid for the drug on the insured’s behalf during the 180
  778  days immediately prior to the request.
  779         (2) As used in this section, the term “health coverage
  780  plan” means any of the following which previously provided or is
  781  currently providing major medical or similar comprehensive
  782  coverage or benefits to the insured:
  783         (a) A health insurer or health maintenance organization.
  784         (b)A plan established or maintained by an individual
  785  employer as provided by the Employee Retirement Income Security
  786  Act of 1974, Pub. L. No. 93-406.
  787         (c) A multiple-employer welfare arrangement as defined in
  788  s. 624.437.
  789         (d) A governmental entity providing a plan of self
  790  insurance.
  791         (3) This section does not require a health insurer to add a
  792  drug to its prescription drug formulary or to cover a
  793  prescription drug that the insurer does not otherwise cover.
  794         Section 12. Effective January 1, 2020, subsection (45) is
  795  added to section 641.31, Florida Statutes, to read:
  796         641.31 Health maintenance contracts.—
  797         (45)(a) A health maintenance organization issuing major
  798  medical coverage through an individual or group contract may not
  799  require a step-therapy protocol under the contract for a covered
  800  prescription drug requested by a subscriber if:
  801         1. The subscriber has previously been approved to receive
  802  the prescription drug through the completion of a step-therapy
  803  protocol required by a separate health coverage plan; and
  804         2. The subscriber provides documentation originating from
  805  the health coverage plan that approved the prescription drug as
  806  described in subparagraph 1. indicating that the health coverage
  807  plan paid for the drug on the subscriber’s behalf during the 180
  808  days immediately prior to the request.
  809         (b) As used in this subsection, the term “health coverage
  810  plan” means any of the following which previously provided or is
  811  currently providing major medical or similar comprehensive
  812  coverage or benefits to the subscriber:
  813         1. A health insurer or health maintenance organization;
  814         2.A plan established or maintained by an individual
  815  employer as provided by the Employee Retirement Income Security
  816  Act of 1974, Pub. L. No. 93-406;
  817         3. A multiple-employer welfare arrangement as defined in s.
  818  624.437; or
  819         4. A governmental entity providing a plan of self
  820  insurance.
  821         (c) This subsection does not require a health maintenance
  822  organization to add a drug to its prescription drug formulary or
  823  to cover a prescription drug that the health maintenance
  824  organization does not otherwise cover.
  825         Section 13. Present subsection (6) of section 409.973,
  826  Florida Statutes, is redesignated as subsection (7), and a new
  827  subsection (6) is added to that section, to read:
  828         409.973 Benefits.—
  829         (6) PROVISION OF PRESCRIPTION DRUG SERVICES.—
  830         (a) A managed care plan may not require a step-therapy
  831  approval process for a covered prescription drug requested by an
  832  enrolled recipient if:
  833         1. The recipient has been approved to receive the
  834  prescription drug through the completion of a step-therapy
  835  approval process required by a managed care plan in which the
  836  recipient was previously enrolled under this part; and
  837         2. The managed care plan in which the recipient was
  838  previously enrolled has paid for the drug on the recipients
  839  behalf during the 180 days immediately before the request.
  840         (b) The agency shall implement paragraph (a) by amending
  841  managed care plan contracts concurrent with the start of a new
  842  capitation cycle.
  843         Section 14. Section 627.4303, Florida Statutes, is created
  844  to read:
  845         627.4303 Price transparency in contracts between health
  846  insurers and health care providers.—
  847         (1) As used in this section, the term “health insurer”
  848  means a health insurer issuing major medical coverage through an
  849  individual or group policy or a health maintenance organization
  850  issuing major medical coverage through an individual or group
  851  contract.
  852         (2) A health insurer may not limit a provider’s ability to
  853  disclose whether a patient’s cost-sharing obligation exceeds the
  854  cash price for a covered service in the absence of health
  855  insurance coverage or the availability of a more affordable
  856  service.
  857         (3) A health insurer may not require an insured to make a
  858  payment for a covered service in an amount that exceeds the cash
  859  price of the service in the absence of health insurance
  860  coverage.
  861         Section 15. Section 456.4501, Florida Statutes, is created
  862  to read:
  863         456.4501 Interstate Medical Licensure Compact.—The
  864  Interstate Medical Licensure Compact is hereby enacted into law
  865  and entered into by this state with all other jurisdictions
  866  legally joining therein in the form substantially as follows:
  867  
  868                              SECTION 1                            
  869                               PURPOSE                             
  870  
  871         In order to strengthen access to health care, and in
  872  recognition of the advances in the delivery of health care, the
  873  member states of the Interstate Medical Licensure Compact have
  874  allied in common purpose to develop a comprehensive process that
  875  complements the existing licensing and regulatory authority of
  876  state medical boards, provides a streamlined process that allows
  877  physicians to become licensed in multiple states, thereby
  878  enhancing the portability of a medical license and ensuring the
  879  safety of patients. The Compact creates another pathway for
  880  licensure and does not otherwise change a states existing
  881  Medical Practice Act. The Compact also adopts the prevailing
  882  standard for licensure and affirms that the practice of medicine
  883  occurs where the patient is located at the time of the
  884  physician-patient encounter, and therefore, requires the
  885  physician to be under the jurisdiction of the state medical
  886  board where the patient is located. State medical boards that
  887  participate in the Compact retain the jurisdiction to impose an
  888  adverse action against a license to practice medicine in that
  889  state issued to a physician through the procedures in the
  890  Compact.
  891  
  892                              SECTION 2                            
  893                             DEFINITIONS                           
  894  
  895         In this compact:
  896         (a)“Bylaws” means those bylaws established by the
  897  Interstate Commission pursuant to Section 11 for its governance,
  898  or for directing and controlling its actions and conduct.
  899         (b)“Commissioner” means the voting representative
  900  appointed by each member board pursuant to Section 11.
  901         (c)“Conviction” means a finding by a court that an
  902  individual is guilty of a criminal offense through adjudication,
  903  or entry of a plea of guilt or no contest to the charge by the
  904  offender. Evidence of an entry of a conviction of a criminal
  905  offense by the court shall be considered final for purposes of
  906  disciplinary action by a member board.
  907         (d)“Expedited License” means a full and unrestricted
  908  medical license granted by a member state to an eligible
  909  physician through the process set forth in the Compact.
  910         (e)“Interstate Commission” means the interstate commission
  911  created pursuant to Section 11.
  912         (f)“License” means authorization by a state for a
  913  physician to engage in the practice of medicine, which would be
  914  unlawful without the authorization.
  915         (g)“Medical Practice Act” means laws and regulations
  916  governing the practice of allopathic and osteopathic medicine
  917  within a member state.
  918         (h)“Member Board” means a state agency in a member state
  919  that acts in the sovereign interests of the state by protecting
  920  the public through licensure, regulation, and education of
  921  physicians as directed by the state government.
  922         (i)“Member State” means a state that has enacted the
  923  Compact.
  924         (j)“Practice of medicine” means the diagnosis, treatment,
  925  prevention, cure, or relieving of a human disease, ailment,
  926  defect, complaint, or other physical or mental condition, by
  927  attendance, advice, device, diagnostic test, or other means, or
  928  offering, undertaking, attempting to do, or holding oneself out
  929  as able to do, any of these acts.
  930         (k)“Physician” means any person who:
  931         (1)Is a graduate of a medical school accredited by the
  932  Liaison Committee on Medical Education, the Commission on
  933  Osteopathic College Accreditation, or a medical school listed in
  934  the International Medical Education Directory or its equivalent;
  935         (2)Passed each component of the United States Medical
  936  Licensing Examination (USMLE) or the Comprehensive Osteopathic
  937  Medical Licensing Examination (COMLEX-USA) within three
  938  attempts, or any of its predecessor examinations accepted by a
  939  state medical board as an equivalent examination for licensure
  940  purposes;
  941         (3)Successfully completed graduate medical education
  942  approved by the Accreditation Council for Graduate Medical
  943  Education or the American Osteopathic Association;
  944         (4)Holds specialty certification or a time-unlimited
  945  specialty certificate recognized by the American Board of
  946  Medical Specialties or the American Osteopathic Associations
  947  Bureau of Osteopathic Specialists; however, the specialty
  948  certification or a time-unlimited specialty certificate does not
  949  have to be maintained once a physician is initially determined
  950  to be eligible for expedited licensure through the Compact;
  951         (5)Possesses a full and unrestricted license to engage in
  952  the practice of medicine issued by a member board;
  953         (6)Has never been convicted, received adjudication,
  954  deferred adjudication, community supervision, or deferred
  955  disposition for any offense by a court of appropriate
  956  jurisdiction;
  957         (7)Has never held a license authorizing the practice of
  958  medicine subjected to discipline by a licensing agency in any
  959  state, federal, or foreign jurisdiction, excluding any action
  960  related to non-payment of fees related to a license;
  961         (8)Has never had a controlled substance license or permit
  962  suspended or revoked by a state or the United States Drug
  963  Enforcement Administration; and
  964         (9)Is not under active investigation by a licensing agency
  965  or law enforcement authority in any state, federal, or foreign
  966  jurisdiction.
  967         (l)“Offense” means a felony, high court misdemeanor, or
  968  crime of moral turpitude.
  969         (m)“Rule” means a written statement by the Interstate
  970  Commission promulgated pursuant to Section 12 of the Compact
  971  that is of general applicability, implements, interprets, or
  972  prescribes a policy or provision of the Compact, or an
  973  organizational, procedural, or practice requirement of the
  974  Interstate Commission, and has the force and effect of statutory
  975  law in a member state, if the rule is not inconsistent with the
  976  laws of the member state. The term includes the amendment,
  977  repeal, or suspension of an existing rule.
  978         (n)“State” means any state, commonwealth, district, or
  979  territory of the United States.
  980         (o)“State of Principal License” means a member state where
  981  a physician holds a license to practice medicine and which has
  982  been designated as such by the physician for purposes of
  983  registration and participation in the Compact.
  984  
  985                              SECTION 3                            
  986                             ELIGIBILITY                           
  987  
  988         (a)A physician must meet the eligibility requirements as
  989  defined in Section 2(k) to receive an expedited license under
  990  the terms and provisions of the Compact.
  991         (b)A physician who does not meet the requirements of
  992  Section 2(k) may obtain a license to practice medicine in a
  993  member state if the individual complies with all laws and
  994  requirements, other than the Compact, relating to the issuance
  995  of a license to practice medicine in that state.
  996  
  997                              SECTION 4                            
  998              DESIGNATION OF STATE OF PRINCIPAL LICENSE            
  999  
 1000         (a)A physician shall designate a member state as the state
 1001  of principal license for purposes of registration for expedited
 1002  licensure through the Compact if the physician possesses a full
 1003  and unrestricted license to practice medicine in that state, and
 1004  the state is:
 1005         (1)the state of primary residence for the physician, or
 1006         (2)the state where at least 25% of the practice of
 1007  medicine occurs, or
 1008         (3)the location of the physician’s employer, or
 1009         (4)if no state qualifies under subsection (1), subsection
 1010  (2), or subsection (3), the state designated as state of
 1011  residence for purpose of federal income tax.
 1012         (b)A physician may redesignate a member state as state of
 1013  principal license at any time, as long as the state meets the
 1014  requirements in subsection (a).
 1015         (c)The Interstate Commission is authorized to develop
 1016  rules to facilitate redesignation of another member state as the
 1017  state of principal license.
 1018  
 1019                              SECTION 5                            
 1020           APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE         
 1021  
 1022         (a)A physician seeking licensure through the Compact shall
 1023  file an application for an expedited license with the member
 1024  board of the state selected by the physician as the state of
 1025  principal license.
 1026         (b)Upon receipt of an application for an expedited
 1027  license, the member board within the state selected as the state
 1028  of principal license shall evaluate whether the physician is
 1029  eligible for expedited licensure and issue a letter of
 1030  qualification, verifying or denying the physician’s eligibility,
 1031  to the Interstate Commission.
 1032         (i) Static qualifications, which include verification of
 1033  medical education, graduate medical education, results of any
 1034  medical or licensing examination, and other qualifications as
 1035  determined by the Interstate Commission through rule, shall not
 1036  be subject to additional primary source verification where
 1037  already primary source verified by the state of principal
 1038  license.
 1039         (ii) The member board within the state selected as the
 1040  state of principal license shall, in the course of verifying
 1041  eligibility, perform a criminal background check of an
 1042  applicant, including the use of the results of fingerprint or
 1043  other biometric data checks compliant with the requirements of
 1044  the Federal Bureau of Investigation, with the exception of
 1045  federal employees who have suitability determination in
 1046  accordance with U.S. 5 CFR §731.202.
 1047         (iii) Appeal on the determination of eligibility shall be
 1048  made to the member state where the application was filed and
 1049  shall be subject to the law of that state.
 1050         (c) Upon verification in subsection (b), physicians
 1051  eligible for an expedited license shall complete the
 1052  registration process established by the Interstate Commission to
 1053  receive a license in a member state selected pursuant to
 1054  subsection (a), including the payment of any applicable fees.
 1055         (d) After receiving verification of eligibility under
 1056  subsection (b) and any fees under subsection (c), a member board
 1057  shall issue an expedited license to the physician. This license
 1058  shall authorize the physician to practice medicine in the
 1059  issuing state consistent with the Medical Practice Act and all
 1060  applicable laws and regulations of the issuing member board and
 1061  member state.
 1062         (e) An expedited license shall be valid for a period
 1063  consistent with the licensure period in the member state and in
 1064  the same manner as required for other physicians holding a full
 1065  and unrestricted license within the member state.
 1066         (f) An expedited license obtained through the Compact shall
 1067  be terminated if a physician fails to maintain a license in the
 1068  state of principal licensure for a non-disciplinary reason,
 1069  without redesignation of a new state of principal licensure.
 1070         (g) The Interstate Commission is authorized to develop
 1071  rules regarding the application process, including payment of
 1072  any applicable fees, and the issuance of an expedited license.
 1073  
 1074                              SECTION 6                            
 1075                    FEES FOR EXPEDITED LICENSURE                   
 1076  
 1077         (a) A member state issuing an expedited license authorizing
 1078  the practice of medicine in that state, or the regulating
 1079  authority of the member state, may impose a fee for a license
 1080  issued or renewed through the Compact.
 1081         (b) The Interstate Commission is authorized to develop
 1082  rules regarding fees for expedited licenses. However, those
 1083  rules shall not limit the authority of a member state, or the
 1084  regulating authority of the member state, to impose and
 1085  determine the amount of a fee under subsection (a).
 1086  
 1087                              SECTION 7                            
 1088                 RENEWAL AND CONTINUED PARTICIPATION               
 1089  
 1090         (a) A physician seeking to renew an expedited license
 1091  granted in a member state shall complete a renewal process with
 1092  the Interstate Commission if the physician:
 1093         (1) Maintains a full and unrestricted license in a state of
 1094  principal license;
 1095         (2) Has not been convicted, received adjudication, deferred
 1096  adjudication, community supervision, or deferred disposition for
 1097  any offense by a court of appropriate jurisdiction;
 1098         (3) Has not had a license authorizing the practice of
 1099  medicine subject to discipline by a licensing agency in any
 1100  state, federal, or foreign jurisdiction, excluding any action
 1101  related to non-payment of fees related to a license; and
 1102         (4) Has not had a controlled substance license or permit
 1103  suspended or revoked by a state or the United States Drug
 1104  Enforcement Administration.
 1105         (b) Physicians shall comply with all continuing
 1106  professional development or continuing medical education
 1107  requirements for renewal of a license issued by a member state.
 1108         (c) The Interstate Commission shall collect any renewal
 1109  fees charged for the renewal of a license and distribute the
 1110  fees to the applicable member board.
 1111         (d) Upon receipt of any renewal fees collected in
 1112  subsection (c), a member board shall renew the physician’s
 1113  license.
 1114         (e) Physician information collected by the Interstate
 1115  Commission during the renewal process will be distributed to all
 1116  member boards.
 1117         (f) The Interstate Commission is authorized to develop
 1118  rules to address renewal of licenses obtained through the
 1119  Compact.
 1120  
 1121                              SECTION 8                            
 1122                   COORDINATED INFORMATION SYSTEM                  
 1123  
 1124         (a) The Interstate Commission shall establish a database of
 1125  all physicians licensed, or who have applied for licensure,
 1126  under Section 5.
 1127         (b) Notwithstanding any other provision of law, member
 1128  boards shall report to the Interstate Commission any public
 1129  action or complaints against a licensed physician who has
 1130  applied or received an expedited license through the Compact.
 1131         (c) Member boards shall report disciplinary or
 1132  investigatory information determined as necessary and proper by
 1133  rule of the Interstate Commission.
 1134         (d) Member boards may report any non-public complaint,
 1135  disciplinary, or investigatory information not required by
 1136  subsection (c) to the Interstate Commission.
 1137         (e) Member boards shall share complaint or disciplinary
 1138  information about a physician upon request of another member
 1139  board.
 1140         (f) All information provided to the Interstate Commission
 1141  or distributed by member boards shall be confidential, filed
 1142  under seal, and used only for investigatory or disciplinary
 1143  matters.
 1144         (g) The Interstate Commission is authorized to develop
 1145  rules for mandated or discretionary sharing of information by
 1146  member boards.
 1147  
 1148                              SECTION 9                            
 1149                        JOINT INVESTIGATIONS                       
 1150  
 1151         (a) Licensure and disciplinary records of physicians are
 1152  deemed investigative.
 1153         (b)In addition to the authority granted to a member board
 1154  by its respective Medical Practice Act or other applicable state
 1155  law, a member board may participate with other member boards in
 1156  joint investigations of physicians licensed by the member
 1157  boards.
 1158         (c) A subpoena issued by a member state shall be
 1159  enforceable in other member states.
 1160         (d) Member boards may share any investigative, litigation,
 1161  or compliance materials in furtherance of any joint or
 1162  individual investigation initiated under the Compact.
 1163         (e) Any member state may investigate actual or alleged
 1164  violations of the statutes authorizing the practice of medicine
 1165  in any other member state in which a physician holds a license
 1166  to practice medicine.
 1167  
 1168                             SECTION 10                            
 1169                        DISCIPLINARY ACTIONS                       
 1170  
 1171         (a) Any disciplinary action taken by any member board
 1172  against a physician licensed through the Compact shall be deemed
 1173  unprofessional conduct which may be subject to discipline by
 1174  other member boards, in addition to any violation of the Medical
 1175  Practice Act or regulations in that state.
 1176         (b) If a license granted to a physician by the member board
 1177  in the state of principal license is revoked, surrendered or
 1178  relinquished in lieu of discipline, or suspended, then all
 1179  licenses issued to the physician by member boards shall
 1180  automatically be placed, without further action necessary by any
 1181  member board, on the same status. If the member board in the
 1182  state of principal license subsequently reinstates the
 1183  physician’s license, a license issued to the physician by any
 1184  other member board shall remain encumbered until that respective
 1185  member board takes action to reinstate the license in a manner
 1186  consistent with the Medical Practice Act of that state.
 1187         (c) If disciplinary action is taken against a physician by
 1188  a member board not in the state of principal license, any other
 1189  member board may deem the action conclusive as to matter of law
 1190  and fact decided, and:
 1191         (i) impose the same or lesser sanction(s) against the
 1192  physician so long as such sanctions are consistent with the
 1193  Medical Practice Act of that state;
 1194         (ii) or pursue separate disciplinary action against the
 1195  physician under its respective Medical Practice Act, regardless
 1196  of the action taken in other member states.
 1197         (d) If a license granted to a physician by a member board
 1198  is revoked, surrendered or relinquished in lieu of discipline,
 1199  or suspended, then any license(s) issued to the physician by any
 1200  other member board(s) shall be suspended, automatically and
 1201  immediately without further action necessary by the other member
 1202  board(s), for ninety (90) days upon entry of the order by the
 1203  disciplining board, to permit the member board(s) to investigate
 1204  the basis for the action under the Medical Practice Act of that
 1205  state. A member board may terminate the automatic suspension of
 1206  the license it issued prior to the completion of the ninety (90)
 1207  day suspension period in a manner consistent with the Medical
 1208  Practice Act of that state.
 1209  
 1210                             SECTION 11                            
 1211           INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION         
 1212  
 1213         (a) The member states hereby create the “Interstate Medical
 1214  Licensure Compact Commission”.
 1215         (b) The purpose of the Interstate Commission is the
 1216  administration of the Interstate Medical Licensure Compact,
 1217  which is a discretionary state function.
 1218         (c) The Interstate Commission shall be a body corporate and
 1219  joint agency of the member states and shall have all the
 1220  responsibilities, powers, and duties set forth in the Compact,
 1221  and such additional powers as may be conferred upon it by a
 1222  subsequent concurrent action of the respective legislatures of
 1223  the member states in accordance with the terms of the Compact.
 1224         (d) The Interstate Commission shall consist of two voting
 1225  representatives appointed by each member state who shall serve
 1226  as Commissioners. In states where allopathic and osteopathic
 1227  physicians are regulated by separate member boards, or if the
 1228  licensing and disciplinary authority is split between multiple
 1229  member boards within a member state, the member state shall
 1230  appoint one representative from each member board. A
 1231  Commissioner shall be a(n):
 1232         (1) Allopathic or osteopathic physician appointed to a
 1233  member board;
 1234         (2)Executive director, executive secretary, or similar
 1235  executive of a member board; or
 1236         (3) Member of the public appointed to a member board.
 1237         (e) The Interstate Commission shall meet at least once each
 1238  calendar year. A portion of this meeting shall be a business
 1239  meeting to address such matters as may properly come before the
 1240  Commission, including the election of officers. The chairperson
 1241  may call additional meetings and shall call for a meeting upon
 1242  the request of a majority of the member states.
 1243         (f) The bylaws may provide for meetings of the Interstate
 1244  Commission to be conducted by telecommunication or electronic
 1245  communication.
 1246         (g) Each Commissioner participating at a meeting of the
 1247  Interstate Commission is entitled to one vote. A majority of
 1248  Commissioners shall constitute a quorum for the transaction of
 1249  business, unless a larger quorum is required by the bylaws of
 1250  the Interstate Commission. A Commissioner shall not delegate a
 1251  vote to another Commissioner. In the absence of its
 1252  Commissioner, a member state may delegate voting authority for a
 1253  specified meeting to another person from that state who shall
 1254  meet the requirements of subsection (d).
 1255         (h) The Interstate Commission shall provide public notice
 1256  of all meetings and all meetings shall be open to the public.
 1257  The Interstate Commission may close a meeting, in full or in
 1258  portion, where it determines by a two-thirds vote of the
 1259  Commissioners present that an open meeting would be likely to:
 1260         (1) Relate solely to the internal personnel practices and
 1261  procedures of the Interstate Commission;
 1262         (2) Discuss matters specifically exempted from disclosure
 1263  by federal statute;
 1264         (3) Discuss trade secrets, commercial, or financial
 1265  information that is privileged or confidential;
 1266         (4) Involve accusing a person of a crime, or formally
 1267  censuring a person;
 1268         (5) Discuss information of a personal nature where
 1269  disclosure would constitute a clearly unwarranted invasion of
 1270  personal privacy;
 1271         (6) Discuss investigative records compiled for law
 1272  enforcement purposes; or
 1273         (7) Specifically relate to the participation in a civil
 1274  action or other legal proceeding.
 1275         (i) The Interstate Commission shall keep minutes which
 1276  shall fully describe all matters discussed in a meeting and
 1277  shall provide a full and accurate summary of actions taken,
 1278  including record of any roll call votes.
 1279         (j) The Interstate Commission shall make its information
 1280  and official records, to the extent not otherwise designated in
 1281  the Compact or by its rules, available to the public for
 1282  inspection.
 1283         (k) The Interstate Commission shall establish an executive
 1284  committee, which shall include officers, members, and others as
 1285  determined by the bylaws. The executive committee shall have the
 1286  power to act on behalf of the Interstate Commission, with the
 1287  exception of rulemaking, during periods when the Interstate
 1288  Commission is not in session. When acting on behalf of the
 1289  Interstate Commission, the executive committee shall oversee the
 1290  administration of the Compact including enforcement and
 1291  compliance with the provisions of the Compact, its bylaws and
 1292  rules, and other such duties as necessary.
 1293         (l) The Interstate Commission may establish other
 1294  committees for governance and administration of the Compact.
 1295  
 1296                             SECTION 12                            
 1297           POWERS AND DUTIES OF THE INTERSTATE COMMISSION          
 1298  
 1299         The Interstate Commission shall have the duty and power to:
 1300         (a) Oversee and maintain the administration of the Compact;
 1301         (b) Promulgate rules which shall be binding to the extent
 1302  and in the manner provided for in the Compact;
 1303         (c) Issue, upon the request of a member state or member
 1304  board, advisory opinions concerning the meaning or
 1305  interpretation of the Compact, its bylaws, rules, and actions;
 1306         (d) Enforce compliance with Compact provisions, the rules
 1307  promulgated by the Interstate Commission, and the bylaws, using
 1308  all necessary and proper means, including but not limited to the
 1309  use of judicial process;
 1310         (e) Establish and appoint committees including, but not
 1311  limited to, an executive committee as required by Section 11,
 1312  which shall have the power to act on behalf of the Interstate
 1313  Commission in carrying out its powers and duties;
 1314         (f) Pay, or provide for the payment of the expenses related
 1315  to the establishment, organization, and ongoing activities of
 1316  the Interstate Commission;
 1317         (g) Establish and maintain one or more offices;
 1318         (h) Borrow, accept, hire, or contract for services of
 1319  personnel;
 1320         (i) Purchase and maintain insurance and bonds;
 1321         (j) Employ an executive director who shall have such powers
 1322  to employ, select or appoint employees, agents, or consultants,
 1323  and to determine their qualifications, define their duties, and
 1324  fix their compensation;
 1325         (k) Establish personnel policies and programs relating to
 1326  conflicts of interest, rates of compensation, and qualifications
 1327  of personnel;
 1328         (l) Accept donations and grants of money, equipment,
 1329  supplies, materials and services, and to receive, utilize, and
 1330  dispose of it in a manner consistent with the conflict of
 1331  interest policies established by the Interstate Commission;
 1332         (m) Lease, purchase, accept contributions or donations of,
 1333  or otherwise to own, hold, improve or use, any property, real,
 1334  personal, or mixed;
 1335         (n) Sell, convey, mortgage, pledge, lease, exchange,
 1336  abandon, or otherwise dispose of any property, real, personal,
 1337  or mixed;
 1338         (o) Establish a budget and make expenditures;
 1339         (p) Adopt a seal and bylaws governing the management and
 1340  operation of the Interstate Commission;
 1341         (q) Report annually to the legislatures and governors of
 1342  the member states concerning the activities of the Interstate
 1343  Commission during the preceding year. Such reports shall also
 1344  include reports of financial audits and any recommendations that
 1345  may have been adopted by the Interstate Commission;
 1346         (r) Coordinate education, training, and public awareness
 1347  regarding the Compact, its implementation, and its operation;
 1348         (s) Maintain records in accordance with the bylaws;
 1349         (t) Seek and obtain trademarks, copyrights, and patents;
 1350  and
 1351         (u) Perform such functions as may be necessary or
 1352  appropriate to achieve the purposes of the Compact.
 1353  
 1354                             SECTION 13                            
 1355                           FINANCE POWERS                          
 1356  
 1357         (a) The Interstate Commission may levy on and collect an
 1358  annual assessment from each member state to cover the cost of
 1359  the operations and activities of the Interstate Commission and
 1360  its staff. The total assessment, subject to appropriation, must
 1361  be sufficient to cover the annual budget approved each year for
 1362  which revenue is not provided by other sources. The aggregate
 1363  annual assessment amount shall be allocated upon a formula to be
 1364  determined by the Interstate Commission, which shall promulgate
 1365  a rule binding upon all member states.
 1366         (b) The Interstate Commission shall not incur obligations
 1367  of any kind prior to securing the funds adequate to meet the
 1368  same.
 1369         (c)The Interstate Commission shall not pledge the credit
 1370  of any of the member states, except by, and with the authority
 1371  of, the member state.
 1372         (d) The Interstate Commission shall be subject to a yearly
 1373  financial audit conducted by a certified or licensed public
 1374  accountant and the report of the audit shall be included in the
 1375  annual report of the Interstate Commission.
 1376  
 1377                             SECTION 14                            
 1378       ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION     
 1379  
 1380         (a) The Interstate Commission shall, by a majority of
 1381  Commissioners present and voting, adopt bylaws to govern its
 1382  conduct as may be necessary or appropriate to carry out the
 1383  purposes of the Compact within twelve (12) months of the first
 1384  Interstate Commission meeting.
 1385         (b) The Interstate Commission shall elect or appoint
 1386  annually from among its Commissioners a chairperson, a vice
 1387  chairperson, and a treasurer, each of whom shall have such
 1388  authority and duties as may be specified in the bylaws. The
 1389  chairperson, or in the chairperson’s absence or disability, the
 1390  vice-chairperson, shall preside at all meetings of the
 1391  Interstate Commission.
 1392         (c) Officers selected in subsection (b) shall serve without
 1393  remuneration from the Interstate Commission.
 1394         (d) The officers and employees of the Interstate Commission
 1395  shall be immune from suit and liability, either personally or in
 1396  their official capacity, for a claim for damage to or loss of
 1397  property or personal injury or other civil liability caused or
 1398  arising out of, or relating to, an actual or alleged act, error,
 1399  or omission that occurred, or that such person had a reasonable
 1400  basis for believing occurred, within the scope of Interstate
 1401  Commission employment, duties, or responsibilities; provided
 1402  that such person shall not be protected from suit or liability
 1403  for damage, loss, injury, or liability caused by the intentional
 1404  or willful and wanton misconduct of such person.
 1405         (1) The liability of the executive director and employees
 1406  of the Interstate Commission or representatives of the
 1407  Interstate Commission, acting within the scope of such person’s
 1408  employment or duties for acts, errors, or omissions occurring
 1409  within such person’s state, may not exceed the limits of
 1410  liability set forth under the constitution and laws of that
 1411  state for state officials, employees, and agents. The Interstate
 1412  Commission is considered to be an instrumentality of the states
 1413  for the purposes of any such action. Nothing in this subsection
 1414  shall be construed to protect such person from suit or liability
 1415  for damage, loss, injury, or liability caused by the intentional
 1416  or willful and wanton misconduct of such person.
 1417         (2) The Interstate Commission shall defend the executive
 1418  director, its employees, and subject to the approval of the
 1419  attorney general or other appropriate legal counsel of the
 1420  member state represented by an Interstate Commission
 1421  representative, shall defend such Interstate Commission
 1422  representative in any civil action seeking to impose liability
 1423  arising out of an actual or alleged act, error or omission that
 1424  occurred within the scope of Interstate Commission employment,
 1425  duties or responsibilities, or that the defendant had a
 1426  reasonable basis for believing occurred within the scope of
 1427  Interstate Commission employment, duties, or responsibilities,
 1428  provided that the actual or alleged act, error, or omission did
 1429  not result from intentional or willful and wanton misconduct on
 1430  the part of such person.
 1431         (3) To the extent not covered by the state involved, member
 1432  state, or the Interstate Commission, the representatives or
 1433  employees of the Interstate Commission shall be held harmless in
 1434  the amount of a settlement or judgment, including attorney’s
 1435  fees and costs, obtained against such persons arising out of an
 1436  actual or alleged act, error, or omission that occurred within
 1437  the scope of Interstate Commission employment, duties, or
 1438  responsibilities, or that such persons had a reasonable basis
 1439  for believing occurred within the scope of Interstate Commission
 1440  employment, duties, or responsibilities, provided that the
 1441  actual or alleged act, error, or omission did not result from
 1442  intentional or willful and wanton misconduct on the part of such
 1443  persons.
 1444  
 1445                             SECTION 15                            
 1446          RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION        
 1447  
 1448         (a) The Interstate Commission shall promulgate reasonable
 1449  rules in order to effectively and efficiently achieve the
 1450  purposes of the Compact. Notwithstanding the foregoing, in the
 1451  event the Interstate Commission exercises its rulemaking
 1452  authority in a manner that is beyond the scope of the purposes
 1453  of the Compact, or the powers granted hereunder, then such an
 1454  action by the Interstate Commission shall be invalid and have no
 1455  force or effect.
 1456         (b) Rules deemed appropriate for the operations of the
 1457  Interstate Commission shall be made pursuant to a rulemaking
 1458  process that substantially conforms to the “Model State
 1459  Administrative Procedure Act” of 2010, and subsequent amendments
 1460  thereto.
 1461         (c) Not later than thirty (30) days after a rule is
 1462  promulgated, any person may file a petition for judicial review
 1463  of the rule in the United States District Court for the District
 1464  of Columbia or the federal district where the Interstate
 1465  Commission has its principal offices, provided that the filing
 1466  of such a petition shall not stay or otherwise prevent the rule
 1467  from becoming effective unless the court finds that the
 1468  petitioner has a substantial likelihood of success. The court
 1469  shall give deference to the actions of the Interstate Commission
 1470  consistent with applicable law and shall not find the rule to be
 1471  unlawful if the rule represents a reasonable exercise of the
 1472  authority granted to the Interstate Commission.
 1473  
 1474                             SECTION 16                            
 1475                   OVERSIGHT OF INTERSTATE COMPACT                 
 1476  
 1477         (a)The executive, legislative, and judicial branches of
 1478  state government in each member state shall enforce the Compact
 1479  and shall take all actions necessary and appropriate to
 1480  effectuate the Compact’s purposes and intent. The provisions of
 1481  the Compact and the rules promulgated hereunder shall have
 1482  standing as statutory law but shall not override existing state
 1483  authority to regulate the practice of medicine.
 1484         (b) All courts shall take judicial notice of the Compact
 1485  and the rules in any judicial or administrative proceeding in a
 1486  member state pertaining to the subject matter of the Compact
 1487  which may affect the powers, responsibilities or actions of the
 1488  Interstate Commission.
 1489         (c) The Interstate Commission shall be entitled to receive
 1490  all service of process in any such proceeding, and shall have
 1491  standing to intervene in the proceeding for all purposes.
 1492  Failure to provide service of process to the Interstate
 1493  Commission shall render a judgment or order void as to the
 1494  Interstate Commission, the Compact, or promulgated rules.
 1495  
 1496                             SECTION 17                            
 1497                  ENFORCEMENT OF INTERSTATE COMPACT                
 1498  
 1499         (a) The Interstate Commission, in the reasonable exercise
 1500  of its discretion, shall enforce the provisions and rules of the
 1501  Compact.
 1502         (b) The Interstate Commission may, by majority vote of the
 1503  Commissioners, initiate legal action in the United States
 1504  District Court for the District of Columbia, or, at the
 1505  discretion of the Interstate Commission, in the federal district
 1506  where the Interstate Commission has its principal offices, to
 1507  enforce compliance with the provisions of the Compact, and its
 1508  promulgated rules and bylaws, against a member state in default.
 1509  The relief sought may include both injunctive relief and
 1510  damages. In the event judicial enforcement is necessary, the
 1511  prevailing party shall be awarded all costs of such litigation
 1512  including reasonable attorney’s fees.
 1513         (c) The remedies herein shall not be the exclusive remedies
 1514  of the Interstate Commission. The Interstate Commission may
 1515  avail itself of any other remedies available under state law or
 1516  the regulation of a profession.
 1517  
 1518                             SECTION 18                            
 1519                         DEFAULT PROCEDURES                        
 1520  
 1521         (a) The grounds for default include, but are not limited
 1522  to, failure of a member state to perform such obligations or
 1523  responsibilities imposed upon it by the Compact, or the rules
 1524  and bylaws of the Interstate Commission promulgated under the
 1525  Compact.
 1526         (b) If the Interstate Commission determines that a member
 1527  state has defaulted in the performance of its obligations or
 1528  responsibilities under the Compact, or the bylaws or promulgated
 1529  rules, the Interstate Commission shall:
 1530         (1) Provide written notice to the defaulting state and
 1531  other member states, of the nature of the default, the means of
 1532  curing the default, and any action taken by the Interstate
 1533  Commission. The Interstate Commission shall specify the
 1534  conditions by which the defaulting state must cure its default;
 1535  and
 1536         (2) Provide remedial training and specific technical
 1537  assistance regarding the default.
 1538         (c) If the defaulting state fails to cure the default, the
 1539  defaulting state shall be terminated from the Compact upon an
 1540  affirmative vote of a majority of the Commissioners and all
 1541  rights, privileges, and benefits conferred by the Compact shall
 1542  terminate on the effective date of termination. A cure of the
 1543  default does not relieve the offending state of obligations or
 1544  liabilities incurred during the period of the default.
 1545         (d) Termination of membership in the Compact shall be
 1546  imposed only after all other means of securing compliance have
 1547  been exhausted. Notice of intent to terminate shall be given by
 1548  the Interstate Commission to the governor, the majority and
 1549  minority leaders of the defaulting state’s legislature, and each
 1550  of the member states.
 1551         (e) The Interstate Commission shall establish rules and
 1552  procedures to address licenses and physicians that are
 1553  materially impacted by the termination of a member state, or the
 1554  withdrawal of a member state.
 1555         (f) The member state which has been terminated is
 1556  responsible for all dues, obligations, and liabilities incurred
 1557  through the effective date of termination including obligations,
 1558  the performance of which extends beyond the effective date of
 1559  termination.
 1560         (g) The Interstate Commission shall not bear any costs
 1561  relating to any state that has been found to be in default or
 1562  which has been terminated from the Compact, unless otherwise
 1563  mutually agreed upon in writing between the Interstate
 1564  Commission and the defaulting state.
 1565         (h) The defaulting state may appeal the action of the
 1566  Interstate Commission by petitioning the United States District
 1567  Court for the District of Columbia or the federal district where
 1568  the Interstate Commission has its principal offices. The
 1569  prevailing party shall be awarded all costs of such litigation
 1570  including reasonable attorney’s fees.
 1571  
 1572                             SECTION 19                            
 1573                         DISPUTE RESOLUTION                        
 1574  
 1575         (a) The Interstate Commission shall attempt, upon the
 1576  request of a member state, to resolve disputes which are subject
 1577  to the Compact and which may arise among member states or member
 1578  boards.
 1579         (b) The Interstate Commission shall promulgate rules
 1580  providing for both mediation and binding dispute resolution as
 1581  appropriate.
 1582  
 1583                             SECTION 20                            
 1584             MEMBER STATES, EFFECTIVE DATE AND AMENDMENT           
 1585  
 1586         (a) Any state is eligible to become a member state of the
 1587  Compact.
 1588         (b) The Compact shall become effective and binding upon
 1589  legislative enactment of the Compact into law by no less than
 1590  seven (7) states. Thereafter, it shall become effective and
 1591  binding on a state upon enactment of the Compact into law by
 1592  that state.
 1593         (c) The governors of non-member states, or their designees,
 1594  shall be invited to participate in the activities of the
 1595  Interstate Commission on a non-voting basis prior to adoption of
 1596  the Compact by all states.
 1597         (d) The Interstate Commission may propose amendments to the
 1598  Compact for enactment by the member states. No amendment shall
 1599  become effective and binding upon the Interstate Commission and
 1600  the member states unless and until it is enacted into law by
 1601  unanimous consent of the member states.
 1602  
 1603                             SECTION 21                            
 1604                             WITHDRAWAL                            
 1605  
 1606         (a) Once effective, the Compact shall continue in force and
 1607  remain binding upon each and every member state; provided that a
 1608  member state may withdraw from the Compact by specifically
 1609  repealing the statute which enacted the Compact into law.
 1610         (b) Withdrawal from the Compact shall be by the enactment
 1611  of a statute repealing the same, but shall not take effect until
 1612  one (1) year after the effective date of such statute and until
 1613  written notice of the withdrawal has been given by the
 1614  withdrawing state to the governor of each other member state.
 1615         (c) The withdrawing state shall immediately notify the
 1616  chairperson of the Interstate Commission in writing upon the
 1617  introduction of legislation repealing the Compact in the
 1618  withdrawing state.
 1619         (d) The Interstate Commission shall notify the other member
 1620  states of the withdrawing state’s intent to withdraw within
 1621  sixty (60) days of its receipt of notice provided under
 1622  subsection (c).
 1623         (e) The withdrawing state is responsible for all dues,
 1624  obligations and liabilities incurred through the effective date
 1625  of withdrawal, including obligations, the performance of which
 1626  extend beyond the effective date of withdrawal.
 1627         (f) Reinstatement following withdrawal of a member state
 1628  shall occur upon the withdrawing state reenacting the Compact or
 1629  upon such later date as determined by the Interstate Commission.
 1630         (g) The Interstate Commission is authorized to develop
 1631  rules to address the impact of the withdrawal of a member state
 1632  on licenses granted in other member states to physicians who
 1633  designated the withdrawing member state as the state of
 1634  principal license.
 1635  
 1636                             SECTION 22                            
 1637                             DISSOLUTION                           
 1638  
 1639         (a)The Compact shall dissolve effective upon the date of
 1640  the withdrawal or default of the member state which reduces the
 1641  membership in the Compact to one (1) member state.
 1642         (b) Upon the dissolution of the Compact, the Compact
 1643  becomes null and void and shall be of no further force or
 1644  effect, and the business and affairs of the Interstate
 1645  Commission shall be concluded and surplus funds shall be
 1646  distributed in accordance with the bylaws.
 1647  
 1648                             SECTION 23                            
 1649                    SEVERABILITY AND CONSTRUCTION                  
 1650  
 1651         (a) The provisions of the Compact shall be severable, and
 1652  if any phrase, clause, sentence, or provision is deemed
 1653  unenforceable, the remaining provisions of the Compact shall be
 1654  enforceable.
 1655         (b) The provisions of the Compact shall be liberally
 1656  construed to effectuate its purposes.
 1657         (c) Nothing in the Compact shall be construed to prohibit
 1658  the applicability of other interstate compacts to which the
 1659  states are members.
 1660  
 1661                             SECTION 24                            
 1662              BINDING EFFECT OF COMPACT AND OTHER LAWS             
 1663  
 1664         (a) Nothing herein prevents the enforcement of any other
 1665  law of a member state that is not inconsistent with the Compact.
 1666         (b)All laws in a member state in conflict with the Compact
 1667  are superseded to the extent of the conflict.
 1668         (c) All lawful actions of the Interstate Commission,
 1669  including all rules and bylaws promulgated by the Commission,
 1670  are binding upon the member states.
 1671         (d) All agreements between the Interstate Commission and
 1672  the member states are binding in accordance with their terms.
 1673         (e) In the event any provision of the Compact exceeds the
 1674  constitutional limits imposed on the legislature of any member
 1675  state, such provision shall be ineffective to the extent of the
 1676  conflict with the constitutional provision in question in that
 1677  member state.
 1678         Section 16. Except as otherwise expressly provided in this
 1679  act, this act shall take effect July 1, 2019.