{"data":{"id":"us-ky/krs-311.6208","jurisdiction":"us-ky","citation":"KRS 311.6208","heading":"Interstate Medical Licensure Compact.","body":"The Interstate Medical Licensure Compact is hereby enacted and entered into with all\nother jurisdictions that legally join in the Compact, which is, in form, substantially as\nfollows:\nARTICLE I\nPURPOSE\nIn order to strengthen access to health care, and in r ecognition of the advances in the\ndelivery of health care, the member states of the Interstate Medical Licensure Compact\nhave allied in common purpose to develop a comprehensive process that complements the\nexisting licensing and regulatory authority of st ate medical boards and provides a\nstreamlined process that allows physicians to become licensed in multiple states, thereby\nenhancing the portability of a medical license and ensuring the safety of patients. The\nCompact creates another pathway for licensur e and does not otherwise change a state's\nexisting Medical Practice Act. The Compact also adopts the prevailing standard for\nlicensure and affirms that the practice of medicine occurs where the patient is located at\nthe time of the physician -patient encoun ter and therefore requires the physician to be\nunder the jurisdiction of the state medical board where the patient is located. State\nmedical boards that participate in the Compact retain the jurisdiction to impose an\nadverse action against a license to pra ctice medicine in that state issued to a physician\nthrough the procedures in the Compact.\nARTICLE II\nDEFINITIONS\nAs used in this compact:\n(1) \"Bylaws\" means those bylaws established by the Interstate Commission pursuant to\nArticle XI for its governance, or  for directing and controlling its actions and\nconduct.\n(2) \"Commissioner\" means the voting representative appointed by each member board\npursuant to Article XI.\n(3)  \"Conviction\" means a finding by a court that an individual is guilty of a criminal\noffense through adjudication, or entry of a plea of guilt or no contest to the charge\nby the offender. Evidence of an entry of a conviction of a criminal offense by the\ncourt shall be considered final for purposes of disciplinary action by a member\nboard.\n(4) \"Expedited license\" means a full and unrestricted medical license granted by a\nmember state to an eligible physician through the process set forth in the Compact.\n(5) \"Interstate Commission\" means the interstate commission created pursuant to\nArticle XI.\n(6) \"License\" means authorization by a state for a physician to engage in the practice of\nmedicine, which would be unlawful without the authorization.\n(7) \"Medical Practice Act\" means laws and regulations governing the practice of\nallopathic and osteopathic medicine within a member state.\n(8) \"Member board\" means a state agency in a member state that acts in the sovereign\ninterests of the state by protecting the public through licensure, regulation, and\neducation of physicians as directed by the state government.\n(9) \"Member state\" means a state that has enacted the Compact.\n(10) \"Physician\" means any person who:\n(a) Is a graduate of a medical school accredited by the Liaison Committee on\nMedical Education, the Commission on Osteopathic College Accreditation, o r\na medical school listed in the International Medical Education Directory or its\nequivalent;\n(b) Passed each component of the United States Medical Licensing Examination\n(USMLE) or the Comprehensive Osteopathic Medical Licensing Examination\n(COMLEX-USA) w ithin three (3) attempts, or any of its predecessor\nexaminations accepted by a state medical board as an equivalent examination\nfor licensure purposes;\n(c) Successfully completed graduate medical education approved by the\nAccreditation Council for Graduate  Medical Education or the American\nOsteopathic Association;\n(d) Holds specialty certification or a time -unlimited specialty certificate\nrecognized by the American Board of Medical Specialties or the American\nOsteopathic Association's Bureau of Osteopathic Specialists;\n(e) Possesses a full and unrestricted license to engage in the practice of medicine\nissued by a member board;\n(f) Has never been convicted, received adjudication, deferred adjudication,\ncommunity supervision, or deferred disposition for any of fense by a court of\nappropriate jurisdiction;\n(g) Has never held a license authorizing the practice of medicine subjected to\ndiscipline by a licensing agency in any state, federal, or foreign jurisdiction,\nexcluding any action related to nonpayment of fees related to a license;\n(h) Has never had a controlled substance license or permit suspended or revoked\nby a state or the United States Drug Enforcement Administration; and\n(i) Is not under active investigation by a licensing agency or law enforcement\nauthority in any state, federal, or foreign jurisdiction.\n(11) \"Practice of medicine\" means the clinical prevention, diagnosis, or treatment of\nhuman disease, injury, or condition requiring a physician to obtain and maintain a\nlicense in compliance with the Medical Practice Act of a member state.\n(12) \"Offense\" means a felony, gross misdemeanor, or crime of moral turpitude.\n(13) \"Rule\" means a written statement by the Interstate Commission promulgated\npursuant to Article XII of the Compact that is of general app licability, implements,\ninterprets, or prescribes a policy or provision of the Compact, or an organizational,\nprocedural, or practice requirement of the Interstate Commission, and has the force\nand effect of statutory law in a member state, and includes th e amendment, repeal,\nor suspension of an existing rule.\n(14) \"State\" means any state, commonwealth, district, or territory of the United States.\n(15) \"State of principal license\" means a member state where a physician holds a license\nto practice medicine a nd which has been designated as such by the physician for\npurposes of registration and participation in the Compact.\nARTICLE III\nELIGIBILITY\n(1) A physician shall meet the eligibility requirements as defined in Article II to receive\nan expedited license under the terms and provisions of the Compact.\n(2) A physician who does not meet the requirements of Article II may obtain a license\nto practice medicine in a member state if the individual complies with all laws and\nrequirements, other than the Compact, rel ating to the issuance of a license to\npractice medicine in that state.\nARTICLE IV\nDESIGNATION OF STATE OF PRINCIPAL LICENSE\n(1) A physician shall designate a member state as the state of principal license for\npurposes of registration for expedited licensur e through the Compact if the\nphysician possesses a full and unrestricted license to practice medicine in that state,\nand the state is:\n(a) The state of primary residence for the physician;\n(b) The state where at least twenty -five percent (25%) of the practice of medicine\noccurs;\n(c) The location of the physician's employer; or\n(d) If no state qualifies under paragraph (a), paragraph (b), or paragraph (c), the\nstate designated as state of residence for purpose of federal income tax.\n(2) A physician may redesignate a member state as state of principal license at any\ntime, as long as the state meets the requirements in subsection (1).\n(3) The Interstate Commission is authorized to develop rules to f acilitate redesignation\nof another member state as the state of principal license.\nARTICLE V\nAPPLICATION AND ISSUANCE OF EXPEDITED LICENSURE\n(1) A physician seeking licensure through the Compact shall file an application for an\nexpedited license with the m ember board of the state selected by the physician as\nthe state of principal license.\n(2) Upon receipt of an application for an expedited license, the member board within\nthe state selected as the state of principal license shall evaluate whether the\nphysician is eligible for expedited licensure and issue a letter of qualification,\nverifying or denying the physician's eligibility, to the Interstate Commission.\n(a) Static qualifications, which include verification of medical education,\ngraduate medical educa tion, results of any medical or licensing examination,\nand other qualifications as determined by the Interstate Commission through\nrule, shall not be subject to additional primary source verification where\nalready primary source verified by the state of principal license.\n(b) The member board within the state selected as the state of principal license\nshall, in the course of verifying eligibility, perform a criminal background\ncheck of an applicant, including the use of the results of fingerprint or other\nbiometric data checks compliant with the requirements of the Federal Bureau\nof Investigation, with the exception of federal employees who have suitability\ndetermination in accordance with 5 C.F.R. sec. 731.202.\n(c) Appeal on the determination of eligibility  shall be made to the member state\nwhere the application was filed and shall be subject to the law of that state.\n(3) Upon verification in subsection (2), physicians eligible for an expedited license\nshall complete the registration process established by t he Interstate Commission to\nreceive a license in a member state selected pursuant to subsection (1), including the\npayment of any applicable fees.\n(4) After receiving verification of eligibility under subsection (2) and any fees under\nsubsection (3), a mem ber board shall issue an expedited license to the physician.\nThis license shall authorize the physician to practice medicine in the issuing state\nconsistent with the Medical Practice Act and all applicable laws and regulations of\nthe issuing member board and member state.\n(5) An expedited license shall be valid for a period consistent with the licensure period\nin the member state and in the same manner as required for other physicians holding\na full and unrestricted license within the member state.\n(6) An e xpedited license obtained through the Compact shall be terminated if a\nphysician fails to maintain a license in the state of principal licensure for a\nnondisciplinary reason, without redesignation of a new state of principal licensure.\n(7) The Interstate Commission is authorized to develop rules regarding the application\nprocess, including payment of any applicable fees, and the issuance of an expedited\nlicense.\nARTICLE VI\nFEES FOR EXPEDITED LICENSURE\n(1) A member state issuing an expedited license authoriz ing the practice of medicine in\nthat state may impose a fee for a license issued or renewed through the Compact.\n(2) The Interstate Commission is authorized to develop rules regarding fees for\nexpedited licenses.\nARTICLE VII\nRENEWAL AND CONTINUED PARTICIPATION\n(1) A physician seeking to renew an expedited license granted in a member state shall\ncomplete a renewal process with the Interstate Commission if the physician:\n(a) Maintains a full and unrestricted license in a state of principal license;\n(b) Has not been convicted or received adjudication, deferred adjudication,\ncommunity supervision, or deferred disposition for any offense by a court of\nappropriate jurisdiction;\n(c) Has not had a license authorizing the practice of medicine subject to discipline\nby a licensing agency in any state, federal, or foreign jurisdiction, excluding\nany action related to nonpayment of fees related to a license; and\n(d) Has not had a controlled substance license or permit suspended or revoked by\na state or the United States Drug Enforcement Administration.\n(2) Physicians shall comply with all continuing professional development or continuing\nmedical education requirements for renewal of a license issued by a member state.\n(3) The Interstate Commission shall collect any renewal fees charged for the renewal of\na license and distribute the fees to the applicable member board.\n(4) Upon receipt of any renewal fees collected in subsection (3), a member board shall\nrenew the physician's license.\n(5) Physician information collect ed by the Interstate Commission during the renewal\nprocess shall be distributed to all member boards.\n(6) The Interstate Commission is authorized to develop rules to address renewal of\nlicenses obtained through the Compact.\nARTICLE VIII\nCOORDINATED INFORMATION SYSTEM\n(1) The Interstate Commission shall establish a database of all physicians licensed, or\nwho have applied for licensure, under Article V.\n(2) Notwithstanding any other provision of law, member boards shall report to the\nInterstate Commission any public action or complaints against a licensed physician\nwho has applied or received an expedited license through the Compact.\n(3) Member boards shall report disciplinary or investigatory information determined as\nnecessary and proper by rule of the Interstate Commission.\n(4) Member boards may report any nonpublic complaint, disciplinary, or investigatory\ninformation not required by subsection (3) to the Interstate Commission.\n(5) Member boards shall share complaint or disciplinary information about a phys ician\nupon request of another member board.\n(6) All information provided to the Interstate Commission or distributed by member\nboards shall be confidential, filed under seal, and used only for investigatory or\ndisciplinary matters.\n(7) The Interstate Commi ssion is authorized to develop rules for mandated or\ndiscretionary sharing of information by member boards.\nARTICLE IX\nJOINT INVESTIGATIONS\n(1) Licensure and disciplinary records of physicians are deemed investigative.\n(2) In addition to the authority gran ted to a member board by its respective Medical\nPractice Act or other applicable state law, a member board may participate with\nother member boards in joint investigations of physicians licensed by the member\nboards.\n(3) A subpoena issued by a member state shall be enforceable in other member states.\n(4) Member boards may share any investigative, litigation, or compliance materials in\nfurtherance of any joint or individual investigation initiated under the Compact.\n(5) Any member state may investigate actua l or alleged violations of the statutes\nauthorizing the practice of medicine in any other member state in which a physician\nholds a license to practice medicine.\nARTICLE X\nDISCIPLINARY ACTIONS\n(1) Any disciplinary action taken by any member board against a  physician licensed\nthrough the Compact shall be deemed unprofessional conduct which may be subject\nto discipline by other member boards, in addition to any violation of the Medical\nPractice Act or regulations in that state.\n(2) If a license granted to a p hysician by the member board in the state of principal\nlicense is revoked, surrendered or relinquished in lieu of discipline, or suspended,\nthen all licenses issued to the physician by member boards shall automatically be\nplaced, without further action nec essary by any member board, on the same status.\nIf the member board in the state of principal license subsequently reinstates the\nphysician's license, a license issued to the physician by any other member board\nshall remain encumbered until that respective  member board takes action to\nreinstate the license in a manner consistent with the Medical Practice Act of that\nstate.\n(3) If disciplinary action is taken against a physician by a member board not in the state\nof principal license, any other member board may deem the action conclusive as to\nmatter of law and fact decided, and:\n(a) Impose the same or lesser sanctions against the physician so long as such\nsanctions are consistent with the Medical Practice Act of that state; or\n(b) Pursue separate disciplinar y action against the physician under its respective\nMedical Practice Act, regardless of the action taken in other member states.\n(4) If a license granted to a physician by a member board is revoked, surrendered or\nrelinquished in lieu of discipline, or sus pended, then any licenses issued to the\nphysician by any other member boards shall be suspended, automatically and\nimmediately without further action necessary by the other member boards, for\nninety (90) days upon entry of the order by the disciplining boa rd, to permit the\nmember boards to investigate the basis for the action under the Medical Practice\nAct of that state. A member board may terminate the automatic suspension of the\nlicense it issued prior to the completion of the ninety (90) day suspension p eriod in\na manner consistent with the Medical Practice Act of that state.\nARTICLE XI\nINTERSTATE MEDICAL LICENSURE COMPACT COMMISSION\n(1) The member states hereby create the \"Interstate Medical Licensure Compact\nCommission.\"\n(2) The purpose of the Interstat e Commission is the administration of the Interstate\nMedical Licensure Compact, which is a discretionary state function.\n(3) The Interstate Commission shall be a body corporate and joint agency of the\nmember states and shall have all the responsibilities, powers, and duties set forth in\nthe Compact, and such additional powers as may be conferred upon it by a\nsubsequent concurrent action of the respective legislatures of the member states in\naccordance with the terms of the Compact.\n(4) The Interstate Commission shall consist of two (2) voting representatives appointed\nby each member state who shall serve as commissioners. In states where allopathic\nand osteopathic physicians are regulated by separate member boards, or if the\nlicensing and disciplinary authority is split between multiple member boards within\na member state, the member state shall appoint one (1) representative from each\nmember board. A commissioner shall be an:\n(a) Allopathic or osteopathic physician appointed to a member board;\n(b) Executive director, executive secretary, or similar executive of a member\nboard; or\n(c) Member of the public appointed to a member board.\n(5) The Interstate Commission shall meet at least once each calendar year. A portion of\nthis meeting shall be a business meeting  to address such matters as may properly\ncome before the Commission, including the election of officers. The chairperson\nmay call additional meetings and shall call for a meeting upon the request of a\nmajority of the member states.\n(6) The bylaws may provide for meetings of the Interstate Commission to be conducted\nby telecommunication or electronic communication.\n(7) Each commissioner participating at a meeting of the Interstate Commission is\nentitled to one (1) vote. A majority of commissioners shall cons titute a quorum for\nthe transaction of business, unless a larger quorum is required by the bylaws of the\nInterstate Commission. A commissioner shall not delegate a vote to another\ncommissioner. In the absence of its commissioner, a member state may delegat e\nvoting authority for a specified meeting to another person from that state who shall\nmeet the requirements of subsection (4).\n(8) The Interstate Commission shall provide public notice of all meetings and all\nmeetings shall be open to the public. The Inte rstate Commission may close a\nmeeting, in full or in portion, where it determines by a two -thirds (2/3) vote of the\ncommissioners present that an open meeting would be likely to:\n(a) Relate solely to the internal personnel practices and procedures of the\nInterstate Commission;\n(b) Discuss matters specifically exempted from disclosure by federal statute;\n(c) Discuss trade secrets, commercial, or financial information that is privileged\nor confidential;\n(d) Involve accusing a person of a crime, or formally censuring a person;\n(e) Discuss information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\n(f) Discuss investigative records compiled for law enforcement purposes; or\n(g) Specifically relate to the participation in a civil action or other legal\nproceeding.\n(9) The Interstate Commission shall keep minutes which shall fully describe all matters\ndiscussed in a meeting and shall provide a full and accurat e summary of actions\ntaken, including record of any roll call votes.\n(10) The Interstate Commission shall make its information and official records, to the\nextent not otherwise designated in the Compact or by its rules, available to the\npublic for inspection.\n(11) The Interstate Commission shall establish an executive committee, which shall\ninclude officers, members, and others as determined by the bylaws. The executive\ncommittee shall have the power to act on behalf of the Interstate Commission, with\nthe exception of rulemaking, during periods when the Interstate Commission is not\nin session. When acting on behalf of the Interstate Commission, the executive\ncommittee shall oversee the administration of the Compact including enforcement\nand compliance with the provisions of the Compact, its bylaws and rules, and other\nsuch duties as necessary.\n(12) The Interstate Commission may establish other committees for governance and\nadministration of the Compact.\nARTICLE XII\nPOWERS AND DUTIES OF THE INTERSTATE COMMISSION\nThe Interstate Commission shall have the duty and power to:\n(1) Oversee and maintain the administration of the Compact;\n(2) Promulgate rules which shall be binding to the extent and in the manner provided\nfor in the Compact;\n(3) Issue, upon the request of a member state or member board, advisory opinions\nconcerning the meaning or interpretation of the Compact, its bylaws, rules, and\nactions;\n(4) Enforce compliance with Compact provisions, the rules promulgated by the\nInterstate Commission, and the bylaws , using all necessary and proper means,\nincluding but not limited to the use of judicial process;\n(5) Establish and appoint committees, including but not limited to an executive\ncommittee as required by Article XI, which shall have the power to act on beha lf of\nthe Interstate Commission in carrying out its powers and duties;\n(6) Pay, or provide for the payment of, the expenses related to the establishment,\norganization, and ongoing activities of the Interstate Commission;\n(7) Establish and maintain one (1) or more offices;\n(8) Borrow, accept, hire, or contract for services of personnel;\n(9) Purchase and maintain insurance and bonds;\n(10) Employ an executive director who shall have the powers to employ, select or\nappoint employees, agents, or consultants, and  to determine their qualifications,\ndefine their duties, and fix their compensation;\n(11) Establish personnel policies and programs relating to conflicts of interest, rates of\ncompensation, and qualifications of personnel;\n(12) Accept donations and grants of money, equipment, supplies, materials and services,\nand to receive, utilize, and dispose of them in a manner consistent with the conflict\nof interest policies established by the Interstate Commission;\n(13) Lease, purchase, accept contributions or donati ons of, or otherwise to own, hold,\nimprove or use, any property, real, personal, or mixed;\n(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of\nany property, real, personal, or mixed;\n(15) Establish a budget and make expenditures;\n(16) Adopt a seal and bylaws governing the management and operation of the Interstate\nCommission;\n(17) Report annually to the legislatures and governors of the member states concerning\nthe activities of the Interstate Commission during the precedi ng year. Such reports\nshall also include reports of financial audits and any recommendations that may\nhave been adopted by the Interstate Commission;\n(18) Coordinate education, training, and public awareness regarding the Compact, its\nimplementation, and its operation;\n(19) Maintain records in accordance with the bylaws;\n(20) Seek and obtain trademarks, copyrights, and patents; and\n(21) Perform such functions as may be necessary or appropriate to achieve the purposes\nof the Compact.\nARTICLE XIII\nFINANCE POWERS\n(1) The Interstate Commission may levy on and collect an annual assessment from each\nmember state to cover the cost of the operations and activities of the Interstate\nCommission and its staff. The total assessment shall be sufficient to cove r the\nannual budget approved each year for which revenue is not provided by other\nsources. The aggregate annual assessment amount shall be allocated upon a formula\nto be determined by the Interstate Commission, which shall promulgate a rule\nbinding upon all member states.\n(2) The Interstate Commission shall not incur obligations of any kind prior to securing\nthe funds adequate to meet the same.\n(3) The Interstate Commission shall not pledge the credit of any of the member states,\nexcept by, and with the authority of, the member state.\n(4) The Interstate Commission shall be subject to a yearly financial audit conducted by\na certified or licensed public accountant and the report of the audit shall be included\nin the annual report of the Interstate Commission.\nARTICLE XIV\nORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\n(1) The Interstate Commission shall, by a majority of commissioners present and\nvoting, adopt bylaws to govern its conduct as may be necessary or appropriate to\ncarry out the purposes of t he Compact within twelve (12) months of the first\nInterstate Commission meeting.\n(2) The Interstate Commission shall elect or appoint annually from among its\ncommissioners a chairperson, a vice chairperson, and a treasurer, each of whom\nshall have such aut hority and duties as may be specified in the bylaws. The\nchairperson, or in the chairperson's absence or disability, the vice chairperson, shall\npreside at all meetings of the Interstate Commission.\n(3) Officers selected in subsection (2) shall serve witho ut remuneration from the\nInterstate Commission.\n(4) The officers and employees of the Interstate Commission shall be immune from suit\nand liability, either personally or in their official capacity, for a claim for damage to\nor loss of property or personal injury or other civil liability caused or arising out of,\nor relating to, an actual or alleged act, error, or omission that occurred, or that such\nperson had a reasonable basis for believing occurred, within the scope of Interstate\nCommission employment, d uties, or responsibilities, provided that such person\nshall not be protected from suit or liability for damage, loss, injury, or liability\ncaused by the intentional or willful and wanton misconduct of such person.\n(a) The liability of the executive directo r and employees of the Interstate\nCommission or representatives of the Interstate Commission, acting within the\nscope of their employment or duties for acts, errors, or omissions occurring\nwithin their state, may not exceed the limits of liability set fort h under the\nconstitution and laws of that state for state officials, employees, and agents.\nThe Interstate Commission is considered to be an instrumentality of the states\nfor the purposes of any such action. Nothing in this subsection shall be\nconstrued to protect such person from suit or liability for damage, loss, injury,\nor liability caused by the intentional or willful and wanton misconduct of such\nperson.\n(b) The Interstate Commission shall defend the executive director, its employees,\nand subject to t he approval of the attorney general or other appropriate legal\ncounsel of the member state represented by an Interstate Commission\nrepresentative, shall defend such Interstate Commission representative in any\ncivil action seeking to impose liability arisin g out of an actual or alleged act,\nerror or omission that occurred within the scope of Interstate Commission\nemployment, duties or responsibilities, or that the defendant had a reasonable\nbasis for believing occurred within the scope of Interstate Commissi on\nemployment, duties, or responsibilities, provided that the actual or alleged act,\nerror, or omission did not result from intentional or willful and wanton\nmisconduct on the part of such person.\n(c) To the extent not covered by the state involved, member state, or the Interstate\nCommission, the representatives or employees of the Interstate Commission\nshall be held harmless in the amount of a settlement or judgment, including\nattorney's fees and costs, obtained against such persons arising out of an actual\nor alleged act, error, or omission that occurred within the scope of Interstate\nCommission employment, duties, or responsibilities, or that such persons had\na reasonable basis for believing occurred within the scope of Interstate\nCommission employment, d uties, or responsibilities, provided that the actual\nor alleged act, error, or omission did not result from intentional or willful and\nwanton misconduct on the part of such persons.\nARTICLE XV\nRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n(1) The Interstate Commission shall promulgate reasonable rules in order to effectively\nand efficiently achieve the purposes of the Compact. Notwithstanding the foregoing,\nin the event the Interstate Commission exercises its rulemaking authority in a\nmanner that is bey ond the scope of the purposes of the Compact, or the powers\ngranted hereunder, then such an action by the Interstate Commission shall be invalid\nand have no force or effect.\n(2) Rules deemed appropriate for the operations of the Interstate Commission shall  be\nmade pursuant to a rulemaking process that substantially conforms to the \"Model\nState Administrative Procedure Act\" of 2010, and subsequent amendments thereto.\n(3) Not later than thirty (30) days after a rule is promulgated, any person may file a\npetition for judicial review of the rule in the United States District Court for the\nDistrict of Columbia or the federal district where the Interstate Commission has its\nprincipal offices, provided that the filing of such a petition shall not stay or\notherwise prevent the rule from becoming effective unless the court finds that the\npetitioner has a substantial likelihood of success. The court shall give deference to\nthe actions of the Interstate Commission consistent with applicable law and shall\nnot find the ru le to be unlawful if the rule represents a reasonable exercise of the\nauthority granted to the Interstate Commission.\nARTICLE XVI\nOVERSIGHT OF INTERSTATE COMPACT\n(1) The executive, legislative, and judicial branches of state government in each\nmember state  shall enforce the Compact and shall take all actions necessary and\nappropriate to effectuate the Compact's purposes and intent. The provisions of the\nCompact and the rules promulgated hereunder shall have standing as statutory law\nbut shall not override existing state authority to regulate the practice of medicine.\n(2) All courts shall take judicial notice of the Compact and the rules in any judicial or\nadministrative proceeding in a member state pertaining to the subject matter of the\nCompact which may af fect the powers, responsibilities or actions of the Interstate\nCommission.\n(3) The Interstate Commission shall be entitled to receive all service of process in any\nsuch proceeding, and shall have standing to intervene in the proceeding for all\npurposes. Failure to provide service of process to the Interstate Commission shall\nrender a judgment or order void as to the Interstate Commission, the Compact, or\npromulgated rules.\nARTICLE XVII\nENFORCEMENT OF INTERSTATE COMPACT\n(1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce\nthe provisions and rules of the Compact.\n(2) The Interstate Commission may, by majority vote of the commissioners, initiate\nlegal action in the United States District Court for the District of Columbia, or, at\nthe discretion of the Interstate Commission, in the federal district whe re the\nInterstate Commission has its principal offices, to enforce compliance with the\nprovisions of the Compact, and its promulgated rules and bylaws, against a member\nstate in default. The relief sought may include both injunctive relief and damages. In\nthe event judicial enforcement is necessary, the prevailing party shall be awarded all\ncosts of such litigation including reasonable attorney's fees.\n(3) The remedies herein shall not be the exclusive remedies of the Interstate\nCommission. The Interstate C ommission may avail itself of any other remedies\navailable under state law or the regulation of a profession.\nARTICLE XVIII\nDEFAULT PROCEDURES\n(1) The grounds for default include, but are not limited to, failure of a member state to\nperform such obligations or responsibilities imposed upon it by the Compact, or the\nrules and bylaws of the Interstate Commission promulgated under the Compact.\n(2) If the Interstate Commission determines that a member state has defaulted in the\nperformance of its obligations or  responsibilities under the Compact, or the bylaws\nor promulgated rules, the Interstate Commission shall:\n(a) Provide written notice to the defaulting state and other member states, of the\nnature of the default, the means of curing the default, and any act ion taken by\nthe Interstate Commission. The Interstate Commission shall specify the\nconditions by which the defaulting state must cure its default; and\n(b) Provide remedial training and specific technical assistance regarding the\ndefault.\n(3) If the defaul ting state fails to cure the default, the defaulting state shall be\nterminated from the Compact upon an affirmative vote of a majority of the\ncommissioners and all rights, privileges, and benefits conferred by the Compact\nshall terminate on the effective d ate of termination. A cure of the default does not\nrelieve the offending state of obligations or liabilities incurred during the period of\nthe default.\n(4) Termination of membership in the Compact shall be imposed only after all other\nmeans of securing com pliance have been exhausted. Notice of intent to terminate\nshall be given by the Interstate Commission to the governor, the majority and\nminority leaders of the defaulting state's legislature, and each of the member states.\n(5) The Interstate Commission sh all establish rules and procedures to address licenses\nand physicians that are materially impacted by the termination of a member state, or\nthe withdrawal of a member state.\n(6) The member state which has been terminated is responsible for all dues, obligations,\nand liabilities incurred through the effective date of termination including\nobligations, the performance of which extends beyond the effective date of\ntermination.\n(7) The Interstate Commission shall not bear any costs relating to any state that ha s\nbeen found to be in default or which has been terminated from the Compact, unless\notherwise mutually agreed upon in writing between the Interstate Commission and\nthe defaulting state.\n(8) The defaulting state may appeal the action of the Interstate Commi ssion by\npetitioning the United States District Court for the District of Columbia or the\nfederal district where the Interstate Commission has its principal offices. The\nprevailing party shall be awarded all costs of such litigation including reasonable\nattorney's fees.\nARTICLE XIX\nDISPUTE RESOLUTION\n(1) The Interstate Commission shall attempt, upon the request of a member state, to\nresolve disputes which are subject to the Compact and which may arise among\nmember states or member boards.\n(2) The Interstate Commission shall promulgate rules providing for both mediation and\nbinding dispute resolution as appropriate.\nARTICLE XX\nMEMBER STATES, EFFECTIVE DATE AND AMENDMENT\n(1) Any state is eligible to become a member state of the Compact.\n(2) The Compact shall b ecome effective and binding upon legislative enactment of the\nCompact into law by no less than seven (7) states. Thereafter, it shall become\neffective and binding on a state upon enactment of the Compact into law by that\nstate.\n(3) The governors of nonmember states, or their designees, shall be invited to\nparticipate in the activities of the Interstate Commission on a nonvoting basis prior\nto adoption of the Compact by all states.\n(4) The Interstate Commission may propose amendments to the Compact for enactment\nby the member states. No amendment shall become effective and binding upon the\nInterstate Commission and the member states unless and until it is enacted into law\nby unanimous consent of the member states.\nARTICLE XXI\nWITHDRAWAL\n(1) Once effective, the Compact shall continue in force and remain binding upon each\nand every member state; provided that a member state may withdraw from the\nCompact by specifically repealing the statute which enacted the Compact into law.\n(2) Withdrawal from the Compact shall be by the enactment of a statute repealing the\nsame, but shall not take effect until one (1) year after the effective date of such\nstatute and until written notice of the withdrawal has been given by the withdrawing\nstate to the governor of each other member state.\n(3) The withdrawing state shall immediately notify the chairperson of the Interstate\nCommission in writing upon the introduction of legislation repealing the Compact\nin the withdrawing state.\n(4) The Interstate Commission shall notify the other member states of the withdrawing\nstate's intent to withdraw within sixty (60) days of its receipt of notice provided\nunder subsection (3).\n(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred\nthrough the effective date of withdrawal, including obligations, the performance of\nwhich extend beyond the effective date of withdrawal.\n(6) Reinstatement following withdrawal of a member state shall occur upon the\nwithdrawing state reenacting the Compact  or upon such later date as determined by\nthe Interstate Commission.\n(7) The Interstate Commission is authorized to develop rules to address the impact of\nthe withdrawal of a member state on licenses granted in other member states to\nphysicians who designa ted the withdrawing member state as the state of principal\nlicense.\nARTICLE XXII\nDISSOLUTION\n(1) The Compact shall dissolve effective upon the date of the withdrawal or default of\nthe member state which reduces the membership in the Compact to one (1) memb er\nstate.\n(2) Upon the dissolution of the Compact, the Compact becomes null and void and shall\nbe of no further force or effect, and the business and affairs of the Interstate\nCommission shall be concluded and surplus funds shall be distributed in accordance\nwith the bylaws.\nARTICLE XXIII\nSEVERABILITY AND CONSTRUCTION\n(1) The provisions of the Compact shall be severable, and if any phrase, clause,\nsentence, or provision is deemed unenforceable, the remaining provisions of the\nCompact shall be enforceable.\n(2) The provisions of the Compact shall be liberally construed to effectuate its\npurposes.\n(3) Nothing in the Compact shall be construed to prohibit the applicability of other\ninterstate compacts to which the states are members.\nARTICLE XXIV\nBINDING EFFECT OF COMPACT AND OTHER LAWS\n(1) Nothing herein prevents the enforcement of any other law of a member state that is\nnot inconsistent with the Compact.\n(2) All laws in a member state in conflict with the Compact are superseded to the extent\nof the conflict.\n(3) All lawful actions of the Interstate Commission, including all rules and bylaws\npromulgated by the Commission, are binding upon the member states.\n(4) All agreements between the Interstate Commission and the member states are\nbinding in accordance with their terms.\n(5) In the event any provision of the Compact exceeds the constitutional limits imposed\non the legislature of any member state, such provision shall be ineffective to the\nextent of the conflict with the constitutional provision in question in t hat member\nstate.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48785","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:05Z","sha256":"5a7e748d303ec57592184a7cf85f087d43ee859076ec593419ed88fd927fa064","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.6207","next":"us-ky/krs-311.621"},"notice":"GroundRules: Original legal text. Not legal advice."}