Okla. Stat. tit. 59, § 59-493.7

INTERSTATE MEDICAL LICENSURE COMPACT

Section 1. PURPOSE

In order to strengthen access to health care, and in recognition

of the advances in the delivery of health care, the member states of

the Interstate Medical Licensure Compact have allied in common

purpose to develop a comprehensive process that complements the

existing licensing and regulatory authority of state medical boards,

provides a streamlined process that allows physicians to become

licensed in multiple states, thereby enhancing the portability of a

medical license and ensuring the safety of patients. The Compact

creates another pathway for licensure and does not otherwise change

a state's existing Medical Practice Act. The Compact also adopts

the prevailing standard for licensure and affirms that the practice

of medicine occurs where the patient is located at the time of the

physician-patient encounter, and therefore requires the physician to

be under the jurisdiction of the state medical board where the

patient is located. State medical boards that participate in the

Compact retain the jurisdiction to impose an adverse action against

a license to practice medicine in that state issued to a physician

through the procedures in the Compact.

Oklahoma Statutes - Title 59. Professions and Occupations Page 454

Section 2. DEFINITIONS

In this Compact:

(a) "Bylaws" means those bylaws established by the Interstate

Commission pursuant to Section 11 of the Compact for its governance,

or for directing and controlling its actions and conduct;

(b) "Commissioner" means the voting representative appointed by

each member board pursuant to Section 11 of the Compact;

(c) "Conviction" means a finding by a court that an individual

is guilty of a criminal offense through adjudication, or entry of a

plea of guilt or no contest to the charge by the offender. Evidence

of an entry of a conviction of a criminal offense by the court shall

be considered final for purposes of disciplinary action by a member

board;

(d) "Expedited license" means a full and unrestricted medical

license granted by a member state to an eligible physician through

the process set forth in the Compact;

(e) "Interstate Commission" means the interstate commission

created pursuant to Section 11 of the Compact;

(f) "License" means authorization by a state for a physician to

engage in the practice of medicine, which would be unlawful without

the authorization;

(g) "Medical Practice Act" means laws and regulations governing

the practice of allopathic and osteopathic medicine within a member

state;

(h) "Member board" means a state agency in a member state that

acts in the sovereign interests of the state by protecting the

public through licensure, regulation and education of physicians as

directed by the state government;

(i) "Member state" means a state that has enacted the Compact;

(j) "Practice of medicine" means the clinical prevention,

diagnosis or treatment of human disease, injury or condition

requiring a physician to obtain and maintain a license in compliance

with the Medical Practice Act of a member state;
through licensure, regulation and education of physicians as

directed by the state government;

(i) "Member state" means a state that has enacted the Compact;

(j) "Practice of medicine" means the clinical prevention,

diagnosis or treatment of human disease, injury or condition

requiring a physician to obtain and maintain a license in compliance

with the Medical Practice Act of a member state;

(k) "Physician" means any person who:

(1) is a graduate of a medical school accredited by the

Liaison Committee on Medical Education, the Commission

on Osteopathic College Accreditation, or a medical

school listed in the International Medical Education

Directory or its equivalent,

(2) passed each component of the United States Medical

Licensing Examination (USMLE) or the Comprehensive

Osteopathic Medical Licensing Examination (COMLEX-USA)

within three attempts, or any of its predecessor

examinations accepted by a state medical board as an

equivalent examination for licensure purposes,

(3) successfully completed graduate medical education

approved by the Accreditation Council for Graduate

Oklahoma Statutes - Title 59. Professions and Occupations Page 455

Medical Education or the American Osteopathic

Association,

(4) holds specialty certification or a time-unlimited

specialty certificate recognized by the American Board

of Medical Specialties or the American Osteopathic

Association's Bureau of Osteopathic Specialists,

(5) possesses a full and unrestricted license to engage in

the practice of medicine issued by a member board,

(6) has never been convicted, received adjudication,

deferred adjudication, community supervision or

deferred disposition for any offense by a court of

appropriate jurisdiction,

(7) has never held a license authorizing the practice of

medicine subjected to discipline by a licensing agency

in any state, federal or foreign jurisdiction,

excluding any action related to nonpayment of fees

related to a license,

(8) has never had a controlled substance license or permit

suspended or revoked by a state or the United States

Drug Enforcement Administration, and

(9) is not under active investigation by a licensing

agency or law enforcement authority in any state,

federal or foreign jurisdiction;

(l) "Offense" means a felony, gross misdemeanor or crime of

moral turpitude;

(m) "Rule" means a written statement by the Interstate

Commission promulgated pursuant to Section 12 of the Compact that is

of general applicability; implements, interprets or prescribes a

policy or provision of the Compact, or an organizational, procedural

or practice requirement of the Interstate Commission; has the force

and effect of statutory law in a member state; and includes the

amendment, repeal or suspension of an existing rule;

(n) "State" means any state, commonwealth, district or

territory of the United States; and

(o) "State of principal license" means a member state where a

physician holds a license to practice medicine and which has been

designated as such by the physician for purposes of registration and

participation in the Compact.

Section 3. ELIGIBILITY

(a) A physician must meet the eligibility requirements as

defined in subsection (k) of Section 2 of the Compact to receive an

expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of

subsection (k) of Section 2 of the Compact may obtain a license to

practice medicine in a member state if the individual complies with

all laws and requirements, other than the Compact, relating to the

issuance of a license to practice medicine in that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 456

Section 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE
equirements of

subsection (k) of Section 2 of the Compact may obtain a license to

practice medicine in a member state if the individual complies with

all laws and requirements, other than the Compact, relating to the

issuance of a license to practice medicine in that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 456

Section 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of

principal license for purposes of registration for expedited

licensure through the Compact if the physician possesses a full and

unrestricted license to practice medicine in that state, and the

state is:

(1) the state of primary residence for the physician, or

(2) the state where at least twenty-five percent (25%) of

the practice of medicine occurs, or

(3) the location of the physician's employer, or

(4) if no state qualifies under paragraph (1), (2) or (3),

the state designated as state of residence for purpose

of federal income tax.

(b) A physician may redesignate a member state as state of

principal license at any time, as long as the state meets the

requirements in subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to

facilitate redesignation of another member state as the state of

principal license.

Section 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the Compact shall

file an application for an expedited license with the member board

of the state selected by the physician as the state of principal

license.

(b) Upon receipt of an application for an expedited license,

the member board within the state selected as the state of principal

license shall evaluate whether the physician is eligible for

expedited licensure and issue a letter of qualification, verifying

or denying the physician's eligibility, to the Interstate

Commission.

(1) Static qualifications, which include verification of

medical education, graduate medical education, results

of any medical or licensing examination, and other

qualifications as determined by the Interstate

Commission through rule, shall not be subject to

additional primary-source verification where already

primary-source-verified by the state of principal

license.

(2) The member board within the state selected as the

state of principal license shall, in the course of

verifying eligibility, perform a criminal background

check of an applicant, including the use of the

results of fingerprint or other biometric data checks

compliant with the requirements of the Federal Bureau

of Investigation, with the exception of federal

employees who have suitability determination in

accordance with U.S. C.F.R. Section 731.202.

Oklahoma Statutes - Title 59. Professions and Occupations Page 457

(3) Appeal on the determination of eligibility shall be

made to the member state where the application was

filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b) of this section,

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 section, including the payment of any applicable fees.

(d) After receiving verification of eligibility under

subsection (b) of this section and any fees under subsection (c) of

this section, a member board shall issue an expedited license to the

physician. This license shall authorize the physician to practice

medicine in the issuing state consistent with the Medical Practice

Act and all applicable laws and regulations of the issuing member

board and member state.

(e) An expedited license shall be valid for a period consistent

with the licensure period in the member state and in the same manner

as required for other physicians holding a full and unrestricted

license within the member state.
ctice

medicine in the issuing state consistent with the Medical Practice

Act and all applicable laws and regulations of the issuing member

board and member state.

(e) An expedited license shall be valid for a period consistent

with the licensure period in the member state and in the same manner

as required for other physicians holding a full and unrestricted

license within the member state.

(f) An expedited license obtained through the Compact shall be

terminated if a physician fails to maintain a license in the state

of principal licensure for a nondisciplinary reason, without

redesignation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules

regarding the application process, including payment of any

applicable fees, and the issuance of an expedited license.

Section 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the

practice of medicine in that state may impose a fee for a license

issued or renewed through the Compact.

(b) The Interstate Commission is authorized to develop rules

regarding fees for expedited licenses.

Section 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted

in a member state shall complete a renewal process with the

Interstate Commission if the physician:

(1) maintains a full and unrestricted license in a state

of principal license,

(2) has not been convicted of, or received adjudication,

deferred adjudication, community supervision or

deferred disposition for any offense by a court of

appropriate jurisdiction,

(3) has not had a license authorizing the practice of

medicine subject to discipline by a licensing agency

in any state, federal or foreign jurisdiction,

excluding any action related to nonpayment of fees

related to a license, and

Oklahoma Statutes - Title 59. Professions and Occupations Page 458

(4) has not had a controlled substance license or permit

suspended or revoked by a state or the United States

Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional

development or continuing medical education requirements for renewal

of a license issued by a member state.

(c) The Interstate Commission shall collect any renewal fees

charged for the renewal of a license and distribute the fees to the

applicable member board.

(d) Upon receipt of any renewal fees collected in subsection

(c) of this section, a member board shall renew the physician's

license.

(e) Physician information collected by the Interstate

Commission during the renewal process will be distributed to all

member boards.

(f) The Interstate Commission is authorized to develop rules to

address renewal of licenses obtained through the Compact.

Section 8. COORDINATED INFORMATION SYSTEM

(a) The Interstate Commission shall establish a database of all

physicians licensed, or who have applied for licensure, under

Section 5 of the Compact.

(b) Notwithstanding any other provision of law, member boards

shall report to the Interstate Commission any public action or

complaints against a licensed physician who has applied or received

an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory

information determined as necessary and proper by rule of the

Interstate Commission.

(d) Member boards may report any nonpublic complaint,

disciplinary or investigatory information not required by subsection

(c) of this section to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary

information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or

distributed by member boards shall be confidential, filed under seal

and used only for investigatory or disciplinary matters.
mation not required by subsection

(c) of this section to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary

information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or

distributed by member boards shall be confidential, filed under seal

and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules

for mandated or discretionary sharing of information by member

boards.

Section 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed

investigative.

(b) In addition to the authority granted to a member board by

its respective Medical Practice Act or other applicable state law, a

member board may participate with other member boards in joint

investigations of physicians licensed by the member boards.

Oklahoma Statutes - Title 59. Professions and Occupations Page 459

(c) A subpoena issued by a member state shall be enforceable in

other member states.

(d) Member boards may share any investigative, litigation or

compliance materials in furtherance of any joint or individual

investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged

violations of the statutes authorizing the practice of medicine in

any other member state in which a physician holds a license to

practice medicine.

Section 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a

physician licensed through the Compact shall be deemed

unprofessional conduct which may be subject to discipline by other

member boards, in addition to any violation of the Medical Practice

Act or regulations in that state.

(b) If a license granted to a physician by the member board in

the state of principal license is revoked, surrendered or

relinquished in lieu of discipline, or suspended, then all licenses

issued to the physician by member boards shall automatically be

placed, without further action necessary by any member board, on the

same status. If the member board in the state of principal license

subsequently reinstates the physician's license, a license issued to

the physician by any other member board shall remain encumbered

until that respective member board takes action to reinstate the

license in a manner consistent with the Medical Practice Act of that

state.

(c) If disciplinary action is taken against a physician by a

member board not in the state of principal license, any other member

board may deem the action conclusive as to matter of law and fact

decided, and:

(1) impose the same or lesser sanction(s) against the

physician so long as such sanction(s) are consistent

with the Medical Practice Act of that state, or

(2) pursue separate disciplinary action against the

physician under its respective Medical Practice Act,

regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is

revoked, surrendered or relinquished in lieu of discipline, or

suspended, then any license(s) issued to the physician by any other

member board(s) shall be suspended, automatically and immediately

without further action necessary by the other member board(s), for

ninety (90) days upon entry of the order by the disciplining board,

to permit the member board(s) to investigate the basis for the

action under the Medical Practice Act of that state. A member board

may terminate the automatic suspension of the license it issued

prior to the completion of the ninety-day suspension period in a

manner consistent with the Medical Practice Act of that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 460

Section 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the "Interstate Medical

Licensure Compact Commission".
he automatic suspension of the license it issued

prior to the completion of the ninety-day suspension period in a

manner consistent with the Medical Practice Act of that state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 460

Section 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the "Interstate Medical

Licensure Compact Commission".

(b) The purpose of the Interstate Commission is the

administration of the Interstate Medical Licensure Compact, which is

a discretionary state function.

(c) The Interstate Commission shall be a body corporate and

joint agency of the member states and shall have all the

responsibilities, powers and duties set forth in the Compact, and

such additional powers as may be conferred upon it by a subsequent

concurrent action of the respective legislatures of the member

states in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of two voting

representatives appointed by each member state who shall serve as

Commissioners. In states where allopathic and osteopathic

physicians are regulated by separate member boards, or if the

licensing and disciplinary authority is split between multiple

member boards within a member state, the member state shall appoint

one representative from each member board. A Commissioner shall be:

(1) an allopathic or osteopathic physician appointed to a

member board,

(2) an executive director, executive secretary or similar

executive of a member board, or

(3) a member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each

calendar year. A portion of this meeting shall be a business

meeting to address such matters as may properly come before the

Commission, including the election of officers. The chairperson may

call additional meetings and shall call for a meeting upon the

request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or electronic

communication.

(g) Each Commissioner participating at a meeting of the

Interstate Commission is entitled to one vote. A majority of

Commissioners shall constitute a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the

Interstate Commission. A Commissioner shall not delegate a vote to

another Commissioner. In the absence of its Commissioner, a member

state may delegate voting authority for a specified meeting to

another person from that state who shall meet the requirements of

subsection (d) of this section.

(h) The Interstate Commission shall provide public notice of

all meetings and all meetings shall be open to the public. The

Interstate Commission may close a meeting, in full or in portion,

where it determines by a two-thirds vote of the Commissioners

present that an open meeting would be likely to:

Oklahoma Statutes - Title 59. Professions and Occupations Page 461

(1) relate solely to the internal personnel practices and

procedures of the Interstate Commission,

(2) discuss matters specifically exempted from disclosure

by federal statute,

(3) discuss trade secrets or commercial or financial

information that is privileged or confidential,

(4) involve accusing a person of a crime or formally

censuring a person,

(5) discuss information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

(6) discuss investigative records compiled for law

enforcement purposes, or

(7) specifically relate to the participation in a civil

action or other legal proceeding.

(i) The Interstate Commission shall keep minutes which shall

fully describe all matters discussed in a meeting and shall provide

a full and accurate summary of actions taken, including record of

any roll-call votes.
l privacy,

(6) discuss investigative records compiled for law

enforcement purposes, or

(7) specifically relate to the participation in a civil

action or other legal proceeding.

(i) The Interstate Commission shall keep minutes which shall

fully describe all matters discussed in a meeting and shall provide

a full and accurate summary of actions taken, including record of

any roll-call votes.

(j) The Interstate Commission shall make its information and

official records, to the extent not otherwise designated in the

Compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive

committee, which shall include an executive director, officers,

members and others as determined by the bylaws. The executive

committee shall have the power to act on behalf of the Interstate

Commission, with the exception of rulemaking, during periods when

the Interstate Commission is not in session. When acting on behalf

of the Interstate Commission, the executive committee shall oversee

the administration of the Compact, including enforcement and

compliance with the provisions of the Compact, its bylaws and rules,

and other such duties, as necessary.

(l) The Interstate Commission may establish other committees

for governance and administration of the Compact.

Section 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the duty and power to:

(a) Oversee and maintain the administration of the Compact;

(b) Promulgate rules which shall be binding to the extent and

in the manner provided for in the Compact;

(c) Issue, upon the request of a member state or member board,

advisory opinions concerning the meaning or interpretation of the

Compact and its bylaws, rules and actions;

(d) Enforce compliance with Compact provisions, the rules

promulgated by the Interstate Commission and the bylaws using all

necessary and proper means, including but not limited to the use of

judicial process;

Oklahoma Statutes - Title 59. Professions and Occupations Page 462

(e) Establish and appoint committees including, but not limited

to, an executive committee as required by Section 11 of the Compact,

which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties;

(f) Pay, or provide for the payment of the expenses related to

the establishment, organization and ongoing activities of the

Interstate Commission;

(g) Establish and maintain one or more offices;

(h) Borrow, accept, hire or contract for services of personnel;

(i) Purchase and maintain insurance and bonds;

(j) Employ an executive director who shall have such powers to

employ, select or appoint employees, agents or consultants, and to

determine their qualifications, define their duties and fix their

compensation;

(k) Establish personnel policies and programs relating to

conflicts of interest, rates of compensation and qualifications of

personnel;

(l) Accept donations and grants of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of them

in a manner consistent with the conflict-of-interest policies

established by the Interstate Commission;

(m) Lease, purchase, accept contributions or donations of, or

otherwise to own, hold, improve or use, any property, real, personal

or mixed;

(n) Sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property, real, personal or mixed;

(o) Establish a budget and make expenditures;

(p) Adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

(q) Report annually to the legislatures and governors of the

member states concerning the activities of the Interstate Commission

during the preceding year. Such reports shall also include reports

of financial audits and any recommendations that may have been

adopted by the Interstate Commission;
(p) Adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

(q) Report annually to the legislatures and governors of the

member states concerning the activities of the Interstate Commission

during the preceding year. Such reports shall also include reports

of financial audits and any recommendations that may have been

adopted by the Interstate Commission;

(r) Coordinate education, training and public awareness

regarding the Compact, its implementation and its operation;

(s) Maintain records in accordance with the bylaws;

(t) Seek and obtain trademarks, copyrights and patents; and

(u) Perform such functions as may be necessary or appropriate

to achieve the purposes of the Compact.

Section 13. FINANCE POWERS

(a) The Interstate Commission may levy on and collect an annual

assessment from each member state to cover the cost of the

operations and activities of the Interstate Commission and its

staff. The total assessment must be sufficient to cover the annual

budget approved each year for which revenue is not provided by other

sources. The aggregate annual assessment amount shall be allocated

Oklahoma Statutes - Title 59. Professions and Occupations Page 463

upon a formula to be determined by the Interstate Commission, which

shall promulgate a rule binding upon all member states.

(b) The Interstate Commission shall not incur obligations of

any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of

any of the member states, except by, and with the authority of, the

member state.

(d) The Interstate Commission shall be subject to a yearly

financial audit conducted by a certified or licensed public

accountant, and the report of the audit shall be included in the

annual report of the Interstate Commission.

Section 14. ORGANIZATION AND OPERATION OF THE INTERSTATE

COMMISSION

(a) The Interstate Commission shall, by a majority of

Commissioners present and voting, adopt bylaws to govern its conduct

as may be necessary or appropriate to carry out the purposes of the

Compact within twelve (12) months of the first Interstate Commission

meeting.

(b) The Interstate Commission shall elect or appoint annually

from among its Commissioners a chairperson, a vice-chairperson and a

treasurer, each of whom shall have such authority and duties as may

be specified in the bylaws. The chairperson or, in the

chairperson's absence or disability, the vice-chairperson shall

preside at all meetings of the Interstate Commission.

(c) Officers selected in subsection (b) of this section shall

serve without remuneration from the Interstate Commission.

(d) The officers and employees of the Interstate Commission

shall be immune from suit and liability, either personally or in

their official capacity, for a claim for damage to or loss of

property or personal injury or other civil liability caused or

arising out of, or relating to, an actual or alleged act, error or

omission that occurred, or that such person had a reasonable basis

for believing occurred, within the scope of Interstate Commission

employment, duties or responsibilities; provided, that such person

shall not be protected from suit or liability for damage, loss,

injury or liability caused by the intentional or willful and wanton

misconduct of such person.
an actual or alleged act, error or

omission that occurred, or that such person had a reasonable basis

for believing occurred, within the scope of Interstate Commission

employment, duties or responsibilities; provided, that such person

shall not be protected from suit or liability for damage, loss,

injury or liability caused by the intentional or willful and wanton

misconduct of such person.

(1) The liability of the executive director and employees

of the Interstate Commission or representatives of the

Interstate Commission, acting within the scope of such

person's employment or duties for acts, errors or

omissions occurring within such person's state may not

exceed the limits of liability set forth under the

constitution and laws of that state for state

officials, employees and agents. The Interstate

Commission is considered to be an instrumentality of

the states for the purposes of any such action.

Oklahoma Statutes - Title 59. Professions and Occupations Page 464

Nothing in this subsection shall be construed to

protect such person from suit or liability for damage,

loss, injury or liability caused by the intentional or

willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the executive

director, its employees, and, subject to the approval

of the attorney general or other appropriate legal

counsel of the member state represented by an

Interstate Commission representative, shall defend

such Interstate Commission representative in any civil

action seeking to impose liability arising out of an

actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment,

duties or responsibilities, or that the defendant had

a reasonable basis for believing occurred within the

scope of Interstate Commission employment, duties or

responsibilities, provided that the actual or alleged

act, error or omission did not result from intentional

or willful and wanton misconduct on the part of such

person.

(3) To the extent not covered by the state involved,

member state or the Interstate Commission, the

representatives or employees of the Interstate

Commission shall be held harmless in the amount of a

settlement or judgment, including attorney fees and

costs, obtained against such persons arising out of an

actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment,

duties or responsibilities, or that such persons had a

reasonable basis for believing occurred within the

scope of Interstate Commission employment, duties or

responsibilities, provided that the actual or alleged

act, error or omission did not result from intentional

or willful and wanton misconduct on the part of such

persons.

Section 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall promulgate reasonable rules

in order to effectively and efficiently achieve the purposes of the

Compact. Notwithstanding the foregoing, in the event the Interstate

Commission exercises its rulemaking authority in a manner that is

beyond the scope of the purposes of the Compact, or the powers

granted hereunder, then such an action by the Interstate Commission

shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the

Interstate Commission shall be made pursuant to a rulemaking process

that substantially conforms to the Model State Administrative

Procedure Act of 2010, and subsequent amendments thereto.

Oklahoma Statutes - Title 59. Professions and Occupations Page 465
n action by the Interstate Commission

shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the

Interstate Commission shall be made pursuant to a rulemaking process

that substantially conforms to the Model State Administrative

Procedure Act of 2010, and subsequent amendments thereto.

Oklahoma Statutes - Title 59. Professions and Occupations Page 465

(c) Not later than thirty (30) days after a rule is

promulgated, any person may file a petition for judicial review of

the rule in the United States District Court for the District of

Columbia or the federal district where the Interstate Commission has

its principal offices; provided, that the filing of such a petition

shall not stay or otherwise prevent the rule from becoming effective

unless the court finds that the petitioner has a substantial

likelihood of success. The court shall give deference to the

actions of the Interstate Commission consistent with applicable law

and shall not find the rule to be unlawful if the rule represents a

reasonable exercise of the authority granted to the Interstate

Commission.

Section 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative and judicial branches of state

government in each member state shall enforce the Compact and shall

take all actions necessary and appropriate to effectuate the

Compact's purposes and intent. The provisions of the Compact and

the rules promulgated hereunder shall have standing as statutory law

but shall not override existing state authority to regulate the

practice of medicine.

(b) All courts shall take judicial notice of the Compact and

the rules in any judicial or administrative proceeding in a member

state pertaining to the subject matter of the Compact which may

affect the powers, responsibilities or actions of the Interstate

Commission.

(c) The Interstate Commission shall be entitled to receive all

service of process in any such proceeding, and shall have standing

to intervene in the proceeding for all purposes. Failure to provide

service of process to the Interstate Commission shall render a

judgment or order void as to the Interstate Commission, the Compact

or promulgated rules.

Section 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The Interstate Commission, in the reasonable exercise of

its discretion, shall enforce the provisions and rules of the

Compact.

(b) The Interstate Commission may, by majority vote of the

Commissioners, initiate legal action in the United States District

Court for the District of Columbia, or, at the discretion of the

Interstate Commission, in the federal district where the Interstate

Commission has its principal offices, to enforce compliance with the

provisions of the Compact, and its promulgated rules and bylaws,

against a member state in default. The relief sought may include

both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney fees.

(c) The remedies herein shall not be the exclusive remedies of

the Interstate Commission. The Interstate Commission may avail

Oklahoma Statutes - Title 59. Professions and Occupations Page 466

itself of any other remedies available under state law or the

regulation of a profession.

Section 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to,

failure of a member state to perform such obligations or

responsibilities imposed upon it by the Compact, or the rules and

bylaws of the Interstate Commission promulgated under the Compact.
Occupations Page 466

itself of any other remedies available under state law or the

regulation of a profession.

Section 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to,

failure of a member state to perform such obligations or

responsibilities imposed upon it by the Compact, or the rules and

bylaws of the Interstate Commission promulgated under the Compact.

(b) If the Interstate Commission determines that a member state

has defaulted in the performance of its obligations or

responsibilities under the Compact, or the bylaws or promulgated

rules, the Interstate Commission shall:

(1) provide written notice to the defaulting state and

other member states of the nature of the default, the

means of curing the default and any action taken by

the Interstate Commission. The Interstate Commission

shall specify the conditions by which the defaulting

state must cure its default, and

(2) provide remedial training and specific technical

assistance regarding the default.

(c) If the defaulting state fails to cure the default, the

defaulting state shall be terminated from the Compact upon an

affirmative vote of a majority of the Commissioners and all rights,

privileges and benefits conferred by the Compact shall terminate on

the effective date of termination. A cure of the default does not

relieve the offending state of obligations or liabilities incurred

during the period of the default.

(d) Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to terminate shall be given by the

Interstate Commission to the Governor, the majority and minority

leaders of the defaulting state's legislature and each of the member

states.

(e) The Interstate Commission shall establish rules and

procedures to address licenses and physicians that are materially

impacted by the termination of a member state or the withdrawal of a

member state.

(f) The member state which has been terminated is responsible

for all dues, obligations and liabilities incurred through the

effective date of termination, including obligations, the

performance of which extends beyond the effective date of

termination.

(g) The Interstate Commission shall not bear any costs relating

to any state that has been found to be in default or which has been

terminated from the Compact, unless otherwise mutually agreed upon

in writing between the Interstate Commission and the defaulting

state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 467

(h) The defaulting state may appeal the action of the

Interstate Commission by petitioning the United States District

Court for the District of Columbia or the federal district where the

Interstate Commission has its principal offices. The prevailing

party shall be awarded all costs of such litigation, including

reasonable attorney fees.

Section 19. DISPUTE RESOLUTION

(a) The Interstate Commission shall attempt, upon the request

of a member state, to resolve disputes which are subject to the

Compact and which may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing

for both mediation and binding dispute resolution, as appropriate.

Section 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a member state of the

Compact.

(b) The Compact shall become effective and binding upon

legislative enactment of the Compact into law by no less than seven

(7) states. Thereafter, it shall become effective and binding on a

state upon enactment of the Compact into law by that state.

(c) The governors of nonmember states, or their designees,

shall be invited to participate in the activities of the Interstate

Commission on a nonvoting basis prior to adoption of the Compact by

all states.
tive enactment of the Compact into law by no less than seven

(7) states. Thereafter, it shall become effective and binding on a

state upon enactment of the Compact into law by that state.

(c) The governors of nonmember states, or their designees,

shall be invited to participate in the activities of the Interstate

Commission on a nonvoting basis prior to adoption of the Compact by

all states.

(d) The Interstate Commission may propose amendments to the

Compact for enactment by the member states. No amendment shall

become effective and binding upon the Interstate Commission and the

member states unless and until it is enacted into law by unanimous

consent of the member states.

Section 21. WITHDRAWAL

(a) Once effective, the Compact shall continue in force and

remain binding upon each and every member state; provided, that a

member state may withdraw from the Compact by specifically repealing

the statute which enacted the Compact into law.

(b) Withdrawal from the Compact shall be by the enactment of a

statute repealing the same, but shall not take effect until one (1)

year after the effective date of such statute and until written

notice of the withdrawal has been given by the withdrawing state to

the governor of each other member state.

(c) The withdrawing state shall immediately notify the

chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing the Compact in the withdrawing

state.

(d) The Interstate Commission shall notify the other member

states of the withdrawing state's intent to withdraw within sixty

(60) days of its receipt of notice provided under subsection (c) of

this section.

Oklahoma Statutes - Title 59. Professions and Occupations Page 468

(e) The withdrawing state is responsible for all dues,

obligations and liabilities incurred through the effective date of

withdrawal, including obligations, the performance of which extends

beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall

occur upon the withdrawing state reenacting the Compact or upon such

later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to

address the impact of the withdrawal of a member state on licenses

granted in other member states to physicians who designated the

withdrawing member state as the state of principal license.

Section 22. DISSOLUTION

(a) The Compact shall dissolve effective upon the date of the

withdrawal or default of the member state which reduces the

membership in the Compact to one (1) member state.

(b) Upon the dissolution of the Compact, the Compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be concluded

and surplus funds shall be distributed in accordance with the

bylaws.

Section 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the Compact shall be severable, and if

any phrase, clause, sentence or provision is deemed unenforceable,

the remaining provisions of the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed

to effectuate its purposes.

(c) Nothing in the Compact shall be construed to prohibit the

applicability of other interstate compacts to which the states are

members.

Section 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of

a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are

superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Commission, are binding upon

the member states.

(d) All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.
with the Compact.

(b) All laws in a member state in conflict with the Compact are

superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Commission, are binding upon

the member states.

(d) All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.

(e) In the event any provision of the 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 question in that

member state.