SB 1 — INTERSTATE MEDICAL LICENSURE COMPACT ACT

The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

ARTICLE 4 - Application and Issuance of Expedited Licensure A.

A physician seeking licensure through the Interstate Medical Licensure Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

B.

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

(2) The member board of the state of principal e t 17 license shall, in the course of verifying eligibility, perform w l n d 18 a criminal background check of an applicant, including the use = = 19 a l of the results of fingerprint or other biometric data checks i a e r 20 compliant with the requirements of the federal bureau of a t m m 21 investigation, with the exception of federal employees who have d r e 22 suitability determination in accordance with 5 Code of Federal c e s k 23 Register Section 731.202.

e a n b 24 (3) Appeal on the determination of eligibility u [ shall be made to the member state where the application was .232525.8 - 7 - filed and shall be subject to the law of that state.

Upon verification pursuant to Subsection B of SB 1 Page 7 this article, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to Subsection A of this article, including the payment of applicable fees.

An expedited license shall be valid for a period e t 17 consistent with the licensure period in the member state and in w l n d 18 the same manner as required for other physicians holding a full = = 19 a l and unrestricted license within the member state.

i a e r 20 F.

An expedited license obtained through the a t m m 21 Interstate Medical Licensure Compact shall be terminated if a d r e 22 physician fails to maintain the license in the state of c e s k 23 principal licensure for a non-disciplinary reason, without e a n b 24 redesignation of a new state of principal licensure.

u [ G.

The interstate commission is authorized to .232525.8 - 8 - develop rules regarding the application process, including SB 1 Page 8 payment of any applicable fees, and the issuance of an expedited license.

e t 17 (2) has not been convicted, received w l n d 18 adjudication, deferred adjudication, community supervision or = = 19 a l deferred disposition for an offense by a court of appropriate i a e r 20 jurisdiction;

a t m m 21 (3) has not had a license authorizing the d r e 22 practice of medicine subject to discipline by a licensing c e s k 23 agency in any state, federal or foreign jurisdiction, excluding e a n b 24 any action related to nonpayment of fees related to a license;

u [ and .232525.8 - 9 - (4) has not had a controlled substance SB 1 Page 9 license or permit suspended or revoked by a state or the United States drug enforcement administration.

The interstate commission is authorized to e t 17 develop rules to address renewal of licenses obtained through w l n d 18 the Interstate Medical Licensure Compact.

= = 19 a l ARTICLE 7 - Coordinated Information System i a e r 20 A.

The interstate commission shall establish a a t m m 21 database of all physicians licensed, or who have applied for d r e 22 licensure, pursuant to Article 4 of the Interstate Medical c e s k 23 Licensure Compact.

e a n b 24 B.

Notwithstanding any other provision of law, u [ member boards shall report to the interstate commission any .232525.8SB -1 10Page -10 public action or complaint against a licensed physician who has applied or received an expedited license through the Interstate Medical Licensure Compact.

All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal and used only for investigatory e t 17 or disciplinary matters;

provided that information submitted to w l n d 18 the New Mexico medical board is subject to the confidentiality = = 19 a l and transparency requirements imposed by New Mexico law or i a e r 20 court order.

a t m m 21 G.

The interstate commission is authorized to d r e 22 develop rules for mandated or discretionary sharing of c e s k 23 information by member boards.

e a n b 24 ARTICLE 8 - Joint Investigations u [ A.

Licensure and disciplinary records of physiciansSB .232525.81 -Page 11 -physicians are deemed investigative.

A member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license e t 17 to practice medicine.

w l n d 18 ARTICLE 9 - Disciplinary Actions = = 19 a l A.

A disciplinary action taken by a member board i a e r 20 against a physician licensed through the Interstate Medical a t m m 21 Licensure Compact shall be deemed unprofessional conduct that d r e 22 may be subject to discipline by other member boards, in c e s k 23 addition to a violation of the medical practice act or rules in e a n b 24 that state.

u [ B.

If a license granted to a physician by the .232525.8SB -1 12Page -12 member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status.

(1) impose the same or lesser sanctions e t 17 against the physician so long as such sanctions are consistent w l n d 18 with the medical practice act of that state;

or = = 19 a l (2) pursue separate disciplinary action i a e r 20 against the physician under that state's respective medical a t m m 21 practice act, regardless of the action taken in other member d r e 22 states.

c e s k 23 D.

If a license granted to a physician by a member e a n b 24 board is revoked, surrendered or relinquished in lieu of u [ discipline or suspended, then any licenses issued to the .232525.8SB -1 13Page -13 physician by other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice act of that state.

ARTICLE 10 - Interstate Medical Licensure Compact Commission e t 17 A.

The "interstate medical licensure compact w l n d 18 commission" is created by the member states in accordance with = = 19 a l the provisions of this article.

i a e r 20 B.

The purpose of the interstate commission is the a t m m 21 administration of the Interstate Medical Licensure Compact, d r e 22 which is a discretionary state function.

c e s k 23 C.

The interstate commission shall be a body e a n b 24 corporate and joint agency of the member states and shall haveSB u1 [Page 14 have all the responsibilities, powers and duties set forth in the .232525.8 - 14 - Interstate Medical Licensure Compact and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(2) an executive director, executive secretary e t 17 or similar executive of a member board;

or w l n d 18 (3) a member of the public appointed to a = = 19 a l member board.

i a e r 20 E.

The interstate commission shall meet at least a t m m 21 once each calendar year.

A portion of this meeting shall be a d r e 22 business meeting to address such matters as may properly come c e s k 23 before the commission, including the election of SB 1 Page 15 officers.

The e a n b 24 chair may call additional meetings and shall call for a meeting u [ upon the request of a majority of the member states.

.232525.8 - 15 - F.

The interstate commission may close a meeting, in full e t 17 or in portion, where the interstate commission determines by a w l n d 18 two-thirds' vote of the commissioners present that an open = = 19 a l meeting would be likely to:

i a e r 20 (1) relate solely to the internal personnel a t m m 21 practice and procedures of the interstate commission;

d r e 22 (2) discuss matters specifically exempted fromSB c1 ePage s16 kfrom 23 disclosure by federal statute;

e a n b 24 (3) discuss trade secrets or commercial or u [ financial information that is privileged or confidential;

.232525.8 - 16 - (4) involve accusing a person of a crime or formally censuring a person;

The interstate commission shall make its information and official records, to the extent not otherwise designated in the Interstate Medical Licensure Compact, e t 17 available to the public for inspection.

w l n d 18 K.

The interstate commission shall establish an = = 19 a l executive committee that shall include officers, members and i a e r 20 others as determined by the bylaws.

The executive committee a t m m 21 shall have the power to act on behalf of the interstate d r e 22 commission, with the exception of rulemaking, during periods cSB e1 sPage k17 23 when the interstate commission is not in session.

When acting e a n b 24 on behalf of the interstate commission, the executive committee u [ shall oversee the administration of the Interstate Medical .232525.8 - 17 - Licensure Compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules and other such duties as necessary.

issue, upon the request of a member state or member board, advisory opinions concerning the meaning or e t 17 interpretation of the Interstate Medical Licensure Compact, its w l n d 18 bylaws, rules and actions;

= = 19 a l D.

enforce compliance with Interstate Medical i a e r 20 Licensure Compact provisions, the rules promulgated by the a t m m 21 interstate commission and the bylaws, using all necessary and d r e 22 proper means, including the use of judicial process;

cSB e1 sPage k18 23 E.

establish and appoint committees, including an e a n b 24 executive committee as required by Article 10 of the Interstate u [ Medical Licensure Compact, which shall have the power to act on .232525.8 - 18 - behalf of the interstate commission in carrying out the interstate commission's powers and duties;

e t 17 L.

accept donations and grants of money, equipment, w l n d 18 supplies, materials and services and to receive, utilize and = = 19 a l dispose of donations and grants of money, equipment, supplies, i a e r 20 materials and services in a manner consistent with the conflict a t m m 21 of interest policies established by the interstate commission;

dSB r1 ePage 2219 M.

lease, purchase, accept contributions or c e s k 23 donations of or otherwise to own, hold, improve or use any e a n b 24 property, real, personal or mixed;

u [ N.

sell, convey, mortgage, pledge, lease, exchange, .232525.8 - 19 - abandon or otherwise dispose of any property, real, personal or mixed;

seek and obtain trademarks, copyrights and e t 17 patents;

and w l n d 18 U.

perform such functions as may be necessary or = = 19 a l appropriate to achieve the purpose of the Interstate Medical i a e r 20 Licensure Compact.

a t m m 21 ARTICLE 12 - Finance Powers dSB r1 ePage 2220 A.

The interstate commission may levy on and c e s k 23 collect an annual assessment from each member state or member e a n b 24 board to cover the cost of the operations and activities of the u [ interstate commission and its staff.

The total assessment must .232525.8 - 20 - be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources.

ARTICLE 13 - Organization and Operation of the Interstate e t 17 Commission w l n d 18 A.

The interstate commission shall, by a majority = = 19 a l of commissioners present and voting, adopt bylaws to govern the i a e r 20 interstate commission's conduct as may be necessary or aSB t1 mPage m 21 appropriate to carry out the purposes of the Interstate Medical d r e 22 Licensure Compact within twelve months of the first interstate c e s k 23 commission meeting.

e a n b 24 B.

The interstate commission shall elect or appoint u [ annually from among its commissioners a chair, a vice chair and .232525.8 - 21 - a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws.

e t 17 E.

The interstate commission shall defend, w l n d 18 indemnify and hold harmless the executive director and the = = 19 a l director's employees according to the interstate commission's i a e r 20 rules and bylaws.

The executive director and employees of theSB a1 tPage m22 mthe 21 interstate commission shall be held harmless in the amount of a d r e 22 settlement or judgment, including attorney fees and costs, c e s k 23 obtained against such persons arising out of an actual or e a n b 24 alleged act, error or omission that occurred within the scope u [ of the interstate commission employment, duties or .232525.8 - 22 - responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities;

provided e t 17 that in the event the interstate commission exercises w l n d 18 rulemaking authority in a manner that is beyond the scope of = = 19 a l the purposes of that compact or the powers granted by that iSB a1 ePage r23 20 compact, then such an action by the interstate commission shall a t m m 21 be invalid and have no force or effect.

d r e 22 B.

Rules deemed appropriate for the operations of c e s k 23 the interstate commission shall be made pursuant to a e a n b 24 rulemaking process that substantially conforms to the model u [ state administrative procedure act of 2010 and subsequent .232525.8 - 23 - amendments to that act.

The provisions of that compact and the rules promulgated pursuant to that compact shall have standing as law e t 17 but shall not override existing state authority to regulate the w l n d 18 practice of medicine.

=SB =1 19Page a24 l B.

All courts shall give deference and take i a e r 20 judicial notice of the Interstate Medical Licensure Compact and a t m m 21 rules promulgated pursuant to that compact in any judicial or d r e 22 administrative proceeding in a member state pertaining to the c e s k 23 subject matter of that compact that may affect the powers, e a n b 24 responsibilities or actions of the interstate commission.

u [ C.

The interstate commission shall be entitled to .232525.8 - 24 - receive all services of process in such proceeding and shall have standing to intervene in the proceeding for all purposes.

The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, federal courts of New Mexico or, at the discretion of the interstate commission, in the federal district where the interstate e t 17 commission has its principal offices, to enforce complianceSB w1 lPage n25 dcompliance 18 with the provisions of the Interstate Medical Licensure = = 19 a l Compact, and its promulgated rules and bylaws, against a member i a e r 20 state in default.

The relief sought may include both a t m m 21 injunctive relief and damages.

In the event judicial d r e 22 enforcement is necessary, the prevailing party shall be awarded c e s k 23 all costs of such litigation, including reasonable attorney e a n b 24 fees.

u [ C.

The remedies provided in this article shall not .232525.8 - 25 - be the exclusive remedies of the interstate commission.

(1) provide written notice to the defaulting state and other member states of the nature of the default, the e t 17 means of curing the default and any action taken by the wSB l1 nPage d26 18 interstate commission.

The interstate commission shall specify = = 19 a l the conditions by which the defaulting state must cure its i a e r 20 default;

and a t m m 21 (2) provide remedial training and specific d r e 22 technical assistance regarding the default.

c e s k 23 C.

If the defaulting state fails to cure the e a n b 24 default, the defaulting state shall be terminated from the u [ Interstate Medical Licensure Compact upon an affirmative vote .232525.8 - 26 - of a majority of the commissioners, and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination.

SB 1 Page 27 F.

The member state that has been terminated is e t 17 responsible for all dues, obligations and liabilities incurred w l n d 18 through the effective date of termination, including = = 19 a l obligations related to mutually agreed-upon performance that i a e r 20 extend beyond the effective date of termination.

a t m m 21 G.

The interstate commission shall not bear any d r e 22 costs relating to any state that has been found to be in c e s k 23 default or that has been terminated from the Interstate Medical e a n b 24 Licensure Compact unless otherwise mutually agreed upon in u [ writing between the interstate commission and the defaulting .232525.8 - 27 - state.

The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Interstate Medical Licensure Compact and that SB 1 Page 28 may arise among member states or member boards.

e t 17 B.

The interstate commission shall promulgate rules w l n d 18 providing for both mediation and binding dispute resolution as = = 19 a l appropriate.

i a e r 20 ARTICLE 19 - Member States, Effective Date and Amendment a t m m 21 A.

Any state is eligible to become a member of the d r e 22 Interstate Medical Licensure Compact.

c e s k 23 B.

The Interstate Medical Licensure Compact shall e a n b 24 become effective and binding upon legislative enactment of the u [ compact into law by no less than seven states.

Thereafter, it .232525.8 - 28 - shall become effective and binding on a state upon enactment of the compact into law by that state.

Once effective, the Interstate Medical SB 1 Page 29 Licensure Compact shall continue in force and remain binding upon each e t 17 member state;

provided that a member state may withdraw from w l n d 18 the compact by specifically repealing the statute that enacted = = 19 a l the compact into law.

i a e r 20 B.

Withdrawal from the Interstate Medical Licensure a t m m 21 Compact shall be by the enactment of a statute repealing the d r e 22 compact.

Legislation enacted for the purposes of withdrawing c e s k 23 from the compact shall provide for a wind-up period that lasts e a n b 24 at least one year after the effective date of the legislation u [ to allow the member board of the withdrawing state to wind up .232525.8 - 29 - its affairs with the commission and provide written notice of the withdrawal to the governor of each other member state.

The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations related to mutually agreed-upon performance that extend beyond the SB 1 Page 30 effective date of withdrawal.

Reinstatement following withdrawal of a member e t 17 state shall occur upon the withdrawing state reenacting the w l n d 18 Interstate Medical Licensure Compact or upon such later date as = = 19 a l determined by a vote of the interstate commission.

i a e r 20 G.

The interstate commission is authorized to a t m m 21 develop rules to address the impact of the withdrawal of a d r e 22 member state on licenses granted in other member states to c e s k 23 physicians who designated the withdrawing member state as the e a n b 24 state of principal license.

u [ ARTICLE 21 - Dissolution .232525.8 - 30 - A.

SB 1 Page 31 B.

The provisions of the Interstate Medical Licensure Compact shall be liberally construed to effectuate the purposes of that compact.

C.

Nothing in the Interstate Medical Licensure Compact shall be construed to prohibit the applicability of other interstate compacts to which the member states are members.

ARTICLE 23 - Binding Effect of the Interstate Medical Licensure Compact and Other Laws A.

Nothing in the Interstate Medical Licensure Compact prevents the enforcement of any other law of a member state that is not inconsistent with that compact.

The provisions of the Interstate Medical Licensure Compact shall be liberally construed to effectuate e t 17 the purposes of that compact.

w l n d 18 C.

Nothing in the Interstate Medical Licensure = = 19 a l Compact shall be construed to prohibit the applicability of i a e r 20 other interstate compacts to which the member states are a t m m 21 members.

d r e 22 ARTICLE 23 - Binding Effect of the Interstate Medical Licensure c e s k 23 Compact and Other Laws e a n b 24 A.

Nothing in the Interstate Medical Licensure u [ Compact prevents the enforcement of any other law of a member .232525.8 - 31 - state that is not inconsistent with that compact.

B.

If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in SB 1 Page 32 question in that member state.

ARTICLE 24 - Preservation of State Authority e t 17 A.

This compact creates a new pathway for physician w l n d 18 licensure in this state but does not otherwise change or limit = = 19 a l the effect of the Medical Practice Act.

i a e r 20 B.

This compact adopts the prevailing standard for a t m m 21 licensure and affirms that the practice of medicine occurs d r e 22 where the patient is located at the time of a physician-patient c e s k 23 encounter and, therefore, requires the physician to be under e a n b 24 the jurisdiction of the state medical board where the patient u [ is located.

.232525.8 - 32 - C.

"[NEW"PARTICIPATION MATERIAL] PARTICIPATION IN COMPACT AS CONDITION OF EMPLOYMENT PROHIBITED.--An employer shall not require a physician licensed in this state pursuant to the Medical Practice Act to seek licensure through the Interstate Medical Licensure Compact as a condition of initial or continued employment as an allopathic or osteopathic physician in this state.

An employer may require that a physician obtain and maintain a SB 1 Page 33 license to practice allopathic or osteopathic medicine in multiple states if the physician is free to obtain e t 17 and maintain the licenses by any means authorized by the laws w l n d 18 of the respective states." = = 19 a l SECTION 4.

A new section of the Medical Practice Act is i a e r 20 enacted to read:

a"APPOINTMENT t m m 21 "[NEW MATERIAL] APPOINTMENT OF INTERSTATE MEDICAL d r e 22 LICENSURE COMPACT COMMISSIONERS--DUTIES.-- c e s k 23 A.

The governor shall appoint two members of the e a n b 24 board who are licensed physicians to serve on the Interstate u [ Medical Licensure Compact commission.

One member shall be a .232525.8 - 33 - medical doctor and one member shall be an osteopathic physician.

SB 1 Page 34 C.

If a meeting, or a portion of a meeting, of the Interstate Medical Licensure Compact commission is closed e t 17 pursuant to Subsection H of Article 10 of the Interstate w l n d 18 Medical Licensure Compact, commissioners appointed pursuant to = = 19 a l this section shall request the commission's legal counsel or i a e r 20 designee to certify that the meeting may be closed by citing a t m m 21 each provision of that subsection that is applicable.

d r e 22 Commissioners may satisfy this subsection by making a motion, c e s k 23 or voting in the affirmative on a motion, to have the e a n b 24 interstate commission's legal counsel or designee certify that u [ the meeting may be closed.

.232525.8 - 34 - D.

"[NEW"BOARD MATERIAL] BOARD OBLIGATIONS--PUBLIC POSTING.--The board shall SB 1 Page 35 post on the board's public website:

e t 17 B.

notice of any Interstate Medical Licensure w l n d 18 Compact commission action that may affect the license of a = = 19 a l physician in this state within thirty days of the commission's i a e r 20 action being taken;

and a t m m 21 C.

any minutes or documents of the Interstate d r e 22 Medical Licensure Compact commission that are released pursuant c e s k 23 to a vote of the commission.

All minutes and documents of a e a n b 24 closed meeting of the Interstate Medical Licensure Compact u [ commission shall remain under seal, subject to release by a .232525.8 - 35 - majority vote of the commission or an order of a court of competent jurisdiction." SECTION 6.

"[NEW"JOINT MATERIAL] JOINT INVESTIGATIONS--INVESTIGATIVE SUBPOENAS.-- A.

When participating in a joint investigation, the board shall not issue an investigative subpoena that conflicts with the Reproductive and Gender-Affirming Health SB 1 Page 36 Care Protection Act." SECTION 7.

[NEW MATERIAL] CONTINGENT REPEAL.-- e t 17 A.

Sections 1 through 6 of this 2026 act are w l n d 18 repealed if a state or federal court of New Mexico finds that a = = 19 a l rule or decision of the Interstate Medical Licensure Compact i a e r 20 commission, or a court order regarding a rule or decision a t m m 21 relating to the Interstate Medical Licensure Compact, would d r e 22 change the scope of practice of a physician or the definition c e s k 23 of unprofessional conduct for a physician in a manner that is e a n b 24 inconsistent with the Medical Practice Act or any other state u [ law relating to the practice of medicine.

A person who is or .232525.8 - 36 - may be affected by a rule or decision at issue under this subsection shall have standing to seek a determination by the district court.

SB 1 Page 37 D.

The New Mexico medical board, or a member of the legislature, may request in writing that the attorney general e t 17 review the actions of the Interstate Medical Licensure Compact w l n d 18 commission or a court ruling relating to the enforcement of the = = 19 a l Interstate Medical Licensure Compact.

i a e r 20 E.

In the event of a repeal pursuant to this a t m m 21 section, the provisions of Article 20 of the Interstate Medical d r e 22 Licensure Compact shall remain in effect and govern the c e s k 23 withdrawal.

eSB a1 nPage b38 2425 - 37 - u [ .232525.8