Signed by Governor Mike DeWine

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the state medical board of Ohio to enter into the interstate medical licensure compact.

Highlights:

• Establishes the purpose of the Interstate Medical Licensure Compact as follows (Sec. 1):

• 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 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; and

• 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.

• Defines “bylaws” to mean those bylaws established by the Interstate Commission pursuant to Section 11 (Sec. 2).

• Defines “commissioner” to mean the voting representative appointed by each member board pursuant to Section 11 (Sec. 2).

• Defines “conviction” to mean 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 (Sec. 2).

• Defines “expedited license” to mean a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact (Sec. 2).

• Defines “Interstate Commission” to mean the interstate commission created pursuant to Section 11 (Sec. 2).

• Defines “license” to mean authorization by a member state for a physician to engage in the practice of medicine, which would be unlawful without authorization (Sec. 2).

• Defines “Medical Practice Act” to mean laws and regulations governing the practice of allopathic and osteopathic medicine within a member state (Sec. 2).

• Defines “Member Board” to mean 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 (Sec. 2).

• Defines “Member State” to mean a state that has enacted the Compact (Sec. 2).

• Defines “Practice of Medicine” to mean 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 (Sec. 2).

• Defines “physician” to mean any person who adheres to the following (Sec. 2): 

• 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;

• Passed each component of the United State 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;

• Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

• 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;

• Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

• Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

• 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;

• Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

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

• Defines “offense” to mean a felony, gross misdemeanor, or crime of moral turpitude (Sec. 2).

• Defines “rule” to mean 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, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule (Sec. 2).

• Defines “state” as any state, commonwealth, district, or territory of the United States (Sec. 2).

• Defines “State of Principal License” to mean 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 (Sec. 2).

• Establishes that a physician is to 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 (Sec. 4):

• The state of principal residence for the physician;

• The state where at least 25% of the practice of medicine occurs;

• The location of the physician's employer;

• If no state qualifies under subsection (1), subsection (2), or subsection (3), the state designated as state of residence for the purpose of federal income tax.

• Specifies that a physician may redesignate a member state as a state of principal license at any time, as long as the state meets the requirements of subsection (a) (Sec. 4).

• Establishes that the Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license (Sec. 4).

• Establishes that a physician seeking licensure through the Compact is to file an application for an expedited license with the member board of the state selected by the physician as the state of principal license (Sec. 5).

• Specifies that upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license is to 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 (Sec. 5).

• Establishes that the member board within the state selected as the state of principal license is to, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. §731.202 (Sec. 5).

• Specifies that an appeal on the determination of eligibility is to be made to the member state where the application was filed and shall be subject to the law of that state (Sec. 5).

• Establishes that upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees (Sec. 5).

• Establishes that an expedited license is to 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 (Sec. 5).

• Specifies that an expedited license obtained through the Compact is to be terminated if a physician fails to maintain a license in the state of principal licensure for a non disciplinary reason, without redesignation of a new state of principal licensure (Sec. 5).

• Establishes that 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 (Sec. 5).

• Specifies that 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 and the Interstate Commission is authorized to develop rules regarding fees for expedited licenses (Sec. 6).

• Establishes that a physician seeking to renew an expedited license granted in a member state is to complete a renewal process with the Interstate Commission if the physician (Sec. 7):

• Maintains a full and unrestricted license in a state of principal license;

• Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

• 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

• Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

• Specifies that the Interstate Commission is to collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board and physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards (Sec. 7).

• Establishes that the Interstate Commission is to establish a database of all physicians licensed, or who have applied for licensure, under Section 5 (Sec. 8).

• Specifies that member boards are to report to the Interstate Commission any public action or complaints, as well as any disciplinary or investigatory information, against a licensed physician who has applied or received an expedited license through the Compact (Sec. 8).

• Specifies that 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 (Sec. 8).

• Specifies that any disciplinary action taken by any member board against a physician licensed through the Compact is to 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 (Sec. 8).

• Establishes that 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 (Sec. 8).

• Establishes that 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 (Sec. 8):

• Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or

• Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.

• Establishes that the member states hereby create the “Interstate Medical Licensure Compact Commission” and the purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function (Sec. 11).

• Specifies that the Interstate Commission is to be a body corporate and joint agency of the member states and 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 (Sec. 11).

Full Bill Text