{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-493.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-493.7","heading":"Interstate Medical Licensure Compact","body":"INTERSTATE MEDICAL LICENSURE COMPACT\n\nSection 1. PURPOSE\n\nIn order to strengthen access to health care, and in recognition\n\nof the advances in the delivery of health care, the member states of\n\nthe Interstate Medical Licensure Compact have allied in common\n\npurpose to develop a comprehensive process that complements the\n\nexisting licensing and regulatory authority of state medical boards,\n\nprovides a streamlined process that allows physicians to become\n\nlicensed in multiple states, thereby enhancing the portability of a\n\nmedical license and ensuring the safety of patients. The Compact\n\ncreates another pathway for licensure and does not otherwise change\n\na state's existing Medical Practice Act. The Compact also adopts\n\nthe prevailing standard for licensure and affirms that the practice\n\nof medicine occurs where the patient is located at the time of the\n\nphysician-patient encounter, and therefore requires the physician to\n\nbe under the jurisdiction of the state medical board where the\n\npatient is located. State medical boards that participate in the\n\nCompact retain the jurisdiction to impose an adverse action against\n\na license to practice medicine in that state issued to a physician\n\nthrough the procedures in the Compact.\n\nSection 2. DEFINITIONS\n\nIn this Compact:\n\n(a) \"Bylaws\" means those bylaws established by the Interstate\n\nCommission pursuant to Section 11 of the Compact for its governance,\n\nor for directing and controlling its actions and conduct;\n\n(b) \"Commissioner\" means the voting representative appointed by\n\neach member board pursuant to Section 11 of the Compact;\n\n(c) \"Conviction\" means a finding by a court that an individual\n\nis guilty of a criminal offense through adjudication, or entry of a\n\nplea of guilt or no contest to the charge by the offender. Evidence\n\nof an entry of a conviction of a criminal offense by the court shall\n\nbe considered final for purposes of disciplinary action by a member\n\nboard;\n\n(d) \"Expedited license\" means a full and unrestricted medical\n\nlicense granted by a member state to an eligible physician through\n\nthe process set forth in the Compact;\n\n(e) \"Interstate Commission\" means the interstate commission\n\ncreated pursuant to Section 11 of the Compact;\n\n(f) \"License\" means authorization by a state for a physician to\n\nengage in the practice of medicine, which would be unlawful without\n\nthe authorization;\n\n(g) \"Medical Practice Act\" means laws and regulations governing\n\nthe practice of allopathic and osteopathic medicine within a member\n\nstate;\n\n(h) \"Member board\" means a state agency in a member state that\n\nacts in the sovereign interests of the state by protecting the\n\npublic through licensure, regulation and education of physicians as\n\ndirected by the state government;\n\n(i) \"Member state\" means a state that has enacted the Compact;\n\n(j) \"Practice of medicine\" means the clinical prevention,\n\ndiagnosis or treatment of human disease, injury or condition\n\nrequiring a physician to obtain and maintain a license in compliance\n\nwith the Medical Practice Act of a member state;\nthrough licensure, regulation and education of physicians as\n\ndirected by the state government;\n\n(i) \"Member state\" means a state that has enacted the Compact;\n\n(j) \"Practice of medicine\" means the clinical prevention,\n\ndiagnosis or treatment of human disease, injury or condition\n\nrequiring a physician to obtain and maintain a license in compliance\n\nwith the Medical Practice Act of a member state;\n\n(k) \"Physician\" means any person who:\n\n(1) is a graduate of a medical school accredited by the\n\nLiaison Committee on Medical Education, the Commission\n\non Osteopathic College Accreditation, or a medical\n\nschool listed in the International Medical Education\n\nDirectory or its equivalent,\n\n(2) passed each component of the United States Medical\n\nLicensing Examination (USMLE) or the Comprehensive\n\nOsteopathic Medical Licensing Examination (COMLEX-USA)\n\nwithin three attempts, or any of its predecessor\n\nexaminations accepted by a state medical board as an\n\nequivalent examination for licensure purposes,\n\n(3) successfully completed graduate medical education\n\napproved by the Accreditation Council for Graduate\n\nMedical Education or the American Osteopathic\n\nAssociation,\n\n(4) holds specialty certification or a time-unlimited\n\nspecialty certificate recognized by the American Board\n\nof Medical Specialties or the American Osteopathic\n\nAssociation's Bureau of Osteopathic Specialists,\n\n(5) possesses a full and unrestricted license to engage in\n\nthe practice of medicine issued by a member board,\n\n(6) has never been convicted, received adjudication,\n\ndeferred adjudication, community supervision or\n\ndeferred disposition for any offense by a court of\n\nappropriate jurisdiction,\n\n(7) has never held a license authorizing the practice of\n\nmedicine subjected to discipline by a licensing agency\n\nin any state, federal or foreign jurisdiction,\n\nexcluding any action related to nonpayment of fees\n\nrelated to a license,\n\n(8) has never had a controlled substance license or permit\n\nsuspended or revoked by a state or the United States\n\nDrug Enforcement Administration, and\n\n(9) is not under active investigation by a licensing\n\nagency or law enforcement authority in any state,\n\nfederal or foreign jurisdiction;\n\n(l) \"Offense\" means a felony, gross misdemeanor or crime of\n\nmoral turpitude;\n\n(m) \"Rule\" means a written statement by the Interstate\n\nCommission promulgated pursuant to Section 12 of the Compact that is\n\nof general applicability; implements, interprets or prescribes a\n\npolicy or provision of the Compact, or an organizational, procedural\n\nor practice requirement of the Interstate Commission; has the force\n\nand effect of statutory law in a member state; and includes the\n\namendment, repeal or suspension of an existing rule;\n\n(n) \"State\" means any state, commonwealth, district or\n\nterritory of the United States; and\n\n(o) \"State of principal license\" means a member state where a\n\nphysician holds a license to practice medicine and which has been\n\ndesignated as such by the physician for purposes of registration and\n\nparticipation in the Compact.\n\nSection 3. ELIGIBILITY\n\n(a) A physician must meet the eligibility requirements as\n\ndefined in subsection (k) of Section 2 of the Compact to receive an\n\nexpedited license under the terms and provisions of the Compact.\n\n(b) A physician who does not meet the requirements of\n\nsubsection (k) of Section 2 of the Compact may obtain a license to\n\npractice medicine in a member state if the individual complies with\n\nall laws and requirements, other than the Compact, relating to the\n\nissuance of a license to practice medicine in that state.\n\nSection 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE\nequirements of\n\nsubsection (k) of Section 2 of the Compact may obtain a license to\n\npractice medicine in a member state if the individual complies with\n\nall laws and requirements, other than the Compact, relating to the\n\nissuance of a license to practice medicine in that state.\n\nSection 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE\n\n(a) A physician shall designate a member state as the state of\n\nprincipal license for purposes of registration for expedited\n\nlicensure through the Compact if the physician possesses a full and\n\nunrestricted license to practice medicine in that state, and the\n\nstate is:\n\n(1) the state of primary residence for the physician, or\n\n(2) the state where at least twenty-five percent (25%) of\n\nthe practice of medicine occurs, or\n\n(3) the location of the physician's employer, or\n\n(4) if no state qualifies under paragraph (1), (2) or (3),\n\nthe state designated as state of residence for purpose\n\nof federal income tax.\n\n(b) A physician may redesignate a member state as state of\n\nprincipal license at any time, as long as the state meets the\n\nrequirements in subsection (a) of this section.\n\n(c) The Interstate Commission is authorized to develop rules to\n\nfacilitate redesignation of another member state as the state of\n\nprincipal license.\n\nSection 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE\n\n(a) A physician seeking licensure through the Compact shall\n\nfile an application for an expedited license with the member board\n\nof the state selected by the physician as the state of principal\n\nlicense.\n\n(b) Upon receipt of an application for an expedited license,\n\nthe member board within the state selected as the state of principal\n\nlicense shall evaluate whether the physician is eligible for\n\nexpedited licensure and issue a letter of qualification, verifying\n\nor denying the physician's eligibility, to the Interstate\n\nCommission.\n\n(1) Static qualifications, which include verification of\n\nmedical education, graduate medical education, results\n\nof any medical or licensing examination, and other\n\nqualifications as determined by the Interstate\n\nCommission through rule, shall not be subject to\n\nadditional primary-source verification where already\n\nprimary-source-verified by the state of principal\n\nlicense.\n\n(2) The member board within the state selected as the\n\nstate of principal license shall, in the course of\n\nverifying eligibility, perform a criminal background\n\ncheck of an applicant, including the use of the\n\nresults of fingerprint or other biometric data checks\n\ncompliant with the requirements of the Federal Bureau\n\nof Investigation, with the exception of federal\n\nemployees who have suitability determination in\n\naccordance with U.S. C.F.R. Section 731.202.\n\n(3) Appeal on the determination of eligibility shall be\n\nmade to the member state where the application was\n\nfiled and shall be subject to the law of that state.\n\n(c) Upon verification in subsection (b) of this section,\n\nphysicians eligible for an expedited license shall complete the\n\nregistration process established by the Interstate Commission to\n\nreceive a license in a member state selected pursuant to subsection\n\n(a) of this section, including the payment of any applicable fees.\n\n(d) After receiving verification of eligibility under\n\nsubsection (b) of this section and any fees under subsection (c) of\n\nthis section, a member board shall issue an expedited license to the\n\nphysician. This license shall authorize the physician to practice\n\nmedicine in the issuing state consistent with the Medical Practice\n\nAct and all applicable laws and regulations of the issuing member\n\nboard and member state.\n\n(e) An expedited license shall be valid for a period consistent\n\nwith the licensure period in the member state and in the same manner\n\nas required for other physicians holding a full and unrestricted\n\nlicense within the member state.\nctice\n\nmedicine in the issuing state consistent with the Medical Practice\n\nAct and all applicable laws and regulations of the issuing member\n\nboard and member state.\n\n(e) An expedited license shall be valid for a period consistent\n\nwith the licensure period in the member state and in the same manner\n\nas required for other physicians holding a full and unrestricted\n\nlicense within the member state.\n\n(f) An expedited license obtained through the Compact shall be\n\nterminated if a physician fails to maintain a license in the state\n\nof principal licensure for a nondisciplinary reason, without\n\nredesignation of a new state of principal licensure.\n\n(g) The Interstate Commission is authorized to develop rules\n\nregarding the application process, including payment of any\n\napplicable fees, and the issuance of an expedited license.\n\nSection 6. FEES FOR EXPEDITED LICENSURE\n\n(a) A member state issuing an expedited license authorizing the\n\npractice of medicine in that state may impose a fee for a license\n\nissued or renewed through the Compact.\n\n(b) The Interstate Commission is authorized to develop rules\n\nregarding fees for expedited licenses.\n\nSection 7. RENEWAL AND CONTINUED PARTICIPATION\n\n(a) A physician seeking to renew an expedited license granted\n\nin a member state shall complete a renewal process with the\n\nInterstate Commission if the physician:\n\n(1) maintains a full and unrestricted license in a state\n\nof principal license,\n\n(2) has not been convicted of, or received adjudication,\n\ndeferred adjudication, community supervision or\n\ndeferred disposition for any offense by a court of\n\nappropriate jurisdiction,\n\n(3) has not had a license authorizing the practice of\n\nmedicine subject to discipline by a licensing agency\n\nin any state, federal or foreign jurisdiction,\n\nexcluding any action related to nonpayment of fees\n\nrelated to a license, and\n\n(4) has not had a controlled substance license or permit\n\nsuspended or revoked by a state or the United States\n\nDrug Enforcement Administration.\n\n(b) Physicians shall comply with all continuing professional\n\ndevelopment or continuing medical education requirements for renewal\n\nof a license issued by a member state.\n\n(c) The Interstate Commission shall collect any renewal fees\n\ncharged for the renewal of a license and distribute the fees to the\n\napplicable member board.\n\n(d) Upon receipt of any renewal fees collected in subsection\n\n(c) of this section, a member board shall renew the physician's\n\nlicense.\n\n(e) Physician information collected by the Interstate\n\nCommission during the renewal process will be distributed to all\n\nmember boards.\n\n(f) The Interstate Commission is authorized to develop rules to\n\naddress renewal of licenses obtained through the Compact.\n\nSection 8. COORDINATED INFORMATION SYSTEM\n\n(a) The Interstate Commission shall establish a database of all\n\nphysicians licensed, or who have applied for licensure, under\n\nSection 5 of the Compact.\n\n(b) Notwithstanding any other provision of law, member boards\n\nshall report to the Interstate Commission any public action or\n\ncomplaints against a licensed physician who has applied or received\n\nan expedited license through the Compact.\n\n(c) Member boards shall report disciplinary or investigatory\n\ninformation determined as necessary and proper by rule of the\n\nInterstate Commission.\n\n(d) Member boards may report any nonpublic complaint,\n\ndisciplinary or investigatory information not required by subsection\n\n(c) of this section to the Interstate Commission.\n\n(e) Member boards shall share complaint or disciplinary\n\ninformation about a physician upon request of another member board.\n\n(f) All information provided to the Interstate Commission or\n\ndistributed by member boards shall be confidential, filed under seal\n\nand used only for investigatory or disciplinary matters.\nmation not required by subsection\n\n(c) of this section to the Interstate Commission.\n\n(e) Member boards shall share complaint or disciplinary\n\ninformation about a physician upon request of another member board.\n\n(f) All information provided to the Interstate Commission or\n\ndistributed by member boards shall be confidential, filed under seal\n\nand used only for investigatory or disciplinary matters.\n\n(g) The Interstate Commission is authorized to develop rules\n\nfor mandated or discretionary sharing of information by member\n\nboards.\n\nSection 9. JOINT INVESTIGATIONS\n\n(a) Licensure and disciplinary records of physicians are deemed\n\ninvestigative.\n\n(b) In addition to the authority granted to a member board by\n\nits respective Medical Practice Act or other applicable state law, a\n\nmember board may participate with other member boards in joint\n\ninvestigations of physicians licensed by the member boards.\n\n(c) A subpoena issued by a member state shall be enforceable in\n\nother member states.\n\n(d) Member boards may share any investigative, litigation or\n\ncompliance materials in furtherance of any joint or individual\n\ninvestigation initiated under the Compact.\n\n(e) Any member state may investigate actual or alleged\n\nviolations of the statutes authorizing the practice of medicine in\n\nany other member state in which a physician holds a license to\n\npractice medicine.\n\nSection 10. DISCIPLINARY ACTIONS\n\n(a) Any disciplinary action taken by any member board against a\n\nphysician licensed through the Compact shall be deemed\n\nunprofessional conduct which may be subject to discipline by other\n\nmember boards, in addition to any violation of the Medical Practice\n\nAct or regulations in that state.\n\n(b) If a license granted to a physician by the member board in\n\nthe state of principal license is revoked, surrendered or\n\nrelinquished in lieu of discipline, or suspended, then all licenses\n\nissued to the physician by member boards shall automatically be\n\nplaced, without further action necessary by any member board, on the\n\nsame status. If the member board in the state of principal license\n\nsubsequently reinstates the physician's license, a license issued to\n\nthe physician by any other member board shall remain encumbered\n\nuntil that respective member board takes action to reinstate the\n\nlicense in a manner consistent with the Medical Practice Act of that\n\nstate.\n\n(c) If disciplinary action is taken against a physician by a\n\nmember board not in the state of principal license, any other member\n\nboard may deem the action conclusive as to matter of law and fact\n\ndecided, and:\n\n(1) impose the same or lesser sanction(s) against the\n\nphysician so long as such sanction(s) are consistent\n\nwith the Medical Practice Act of that state, or\n\n(2) pursue separate disciplinary action against the\n\nphysician under its respective Medical Practice Act,\n\nregardless of the action taken in other member states.\n\n(d) If a license granted to a physician by a member board is\n\nrevoked, surrendered or relinquished in lieu of discipline, or\n\nsuspended, then any license(s) issued to the physician by any other\n\nmember board(s) shall be suspended, automatically and immediately\n\nwithout further action necessary by the other member board(s), for\n\nninety (90) days upon entry of the order by the disciplining board,\n\nto permit the member board(s) to investigate the basis for the\n\naction under the Medical Practice Act of that state. A member board\n\nmay terminate the automatic suspension of the license it issued\n\nprior to the completion of the ninety-day suspension period in a\n\nmanner consistent with the Medical Practice Act of that state.\n\nSection 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION\n\n(a) The member states hereby create the \"Interstate Medical\n\nLicensure Compact Commission\".\nhe automatic suspension of the license it issued\n\nprior to the completion of the ninety-day suspension period in a\n\nmanner consistent with the Medical Practice Act of that state.\n\nSection 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION\n\n(a) The member states hereby create the \"Interstate Medical\n\nLicensure Compact Commission\".\n\n(b) The purpose of the Interstate Commission is the\n\nadministration of the Interstate Medical Licensure Compact, which is\n\na discretionary state function.\n\n(c) The Interstate Commission shall be a body corporate and\n\njoint agency of the member states and shall have all the\n\nresponsibilities, powers and duties set forth in the Compact, and\n\nsuch additional powers as may be conferred upon it by a subsequent\n\nconcurrent action of the respective legislatures of the member\n\nstates in accordance with the terms of the Compact.\n\n(d) The Interstate Commission shall consist of two voting\n\nrepresentatives appointed by each member state who shall serve as\n\nCommissioners. In states where allopathic and osteopathic\n\nphysicians are regulated by separate member boards, or if the\n\nlicensing and disciplinary authority is split between multiple\n\nmember boards within a member state, the member state shall appoint\n\none representative from each member board. A Commissioner shall be:\n\n(1) an allopathic or osteopathic physician appointed to a\n\nmember board,\n\n(2) an executive director, executive secretary or similar\n\nexecutive of a member board, or\n\n(3) a member of the public appointed to a member board.\n\n(e) The Interstate Commission shall meet at least once each\n\ncalendar year. A portion of this meeting shall be a business\n\nmeeting to address such matters as may properly come before the\n\nCommission, including the election of officers. The chairperson may\n\ncall additional meetings and shall call for a meeting upon the\n\nrequest of a majority of the member states.\n\n(f) The bylaws may provide for meetings of the Interstate\n\nCommission to be conducted by telecommunication or electronic\n\ncommunication.\n\n(g) Each Commissioner participating at a meeting of the\n\nInterstate Commission is entitled to one vote. A majority of\n\nCommissioners shall constitute a quorum for the transaction of\n\nbusiness, unless a larger quorum is required by the bylaws of the\n\nInterstate Commission. A Commissioner shall not delegate a vote to\n\nanother Commissioner. In the absence of its Commissioner, a member\n\nstate may delegate voting authority for a specified meeting to\n\nanother person from that state who shall meet the requirements of\n\nsubsection (d) of this section.\n\n(h) The Interstate Commission shall provide public notice of\n\nall meetings and all meetings shall be open to the public. The\n\nInterstate Commission may close a meeting, in full or in portion,\n\nwhere it determines by a two-thirds vote of the Commissioners\n\npresent that an open meeting would be likely to:\n\n(1) relate solely to the internal personnel practices and\n\nprocedures of the Interstate Commission,\n\n(2) discuss matters specifically exempted from disclosure\n\nby federal statute,\n\n(3) discuss trade secrets or commercial or financial\n\ninformation that is privileged or confidential,\n\n(4) involve accusing a person of a crime or formally\n\ncensuring a person,\n\n(5) discuss information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy,\n\n(6) discuss investigative records compiled for law\n\nenforcement purposes, or\n\n(7) specifically relate to the participation in a civil\n\naction or other legal proceeding.\n\n(i) The Interstate Commission shall keep minutes which shall\n\nfully describe all matters discussed in a meeting and shall provide\n\na full and accurate summary of actions taken, including record of\n\nany roll-call votes.\nl privacy,\n\n(6) discuss investigative records compiled for law\n\nenforcement purposes, or\n\n(7) specifically relate to the participation in a civil\n\naction or other legal proceeding.\n\n(i) The Interstate Commission shall keep minutes which shall\n\nfully describe all matters discussed in a meeting and shall provide\n\na full and accurate summary of actions taken, including record of\n\nany roll-call votes.\n\n(j) The Interstate Commission shall make its information and\n\nofficial records, to the extent not otherwise designated in the\n\nCompact or by its rules, available to the public for inspection.\n\n(k) The Interstate Commission shall establish an executive\n\ncommittee, which shall include an executive director, officers,\n\nmembers and others as determined by the bylaws. The executive\n\ncommittee shall have the power to act on behalf of the Interstate\n\nCommission, with the exception of rulemaking, during periods when\n\nthe Interstate Commission is not in session. When acting on behalf\n\nof the Interstate Commission, the executive committee shall oversee\n\nthe administration of the Compact, including enforcement and\n\ncompliance with the provisions of the Compact, its bylaws and rules,\n\nand other such duties, as necessary.\n\n(l) The Interstate Commission may establish other committees\n\nfor governance and administration of the Compact.\n\nSection 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n\nThe Interstate Commission shall have the duty and power to:\n\n(a) Oversee and maintain the administration of the Compact;\n\n(b) Promulgate rules which shall be binding to the extent and\n\nin the manner provided for in the Compact;\n\n(c) Issue, upon the request of a member state or member board,\n\nadvisory opinions concerning the meaning or interpretation of the\n\nCompact and its bylaws, rules and actions;\n\n(d) Enforce compliance with Compact provisions, the rules\n\npromulgated by the Interstate Commission and the bylaws using all\n\nnecessary and proper means, including but not limited to the use of\n\njudicial process;\n\n(e) Establish and appoint committees including, but not limited\n\nto, an executive committee as required by Section 11 of the Compact,\n\nwhich shall have the power to act on behalf of the Interstate\n\nCommission in carrying out its powers and duties;\n\n(f) Pay, or provide for the payment of the expenses related to\n\nthe establishment, organization and ongoing activities of the\n\nInterstate Commission;\n\n(g) Establish and maintain one or more offices;\n\n(h) Borrow, accept, hire or contract for services of personnel;\n\n(i) Purchase and maintain insurance and bonds;\n\n(j) Employ an executive director who shall have such powers to\n\nemploy, select or appoint employees, agents or consultants, and to\n\ndetermine their qualifications, define their duties and fix their\n\ncompensation;\n\n(k) Establish personnel policies and programs relating to\n\nconflicts of interest, rates of compensation and qualifications of\n\npersonnel;\n\n(l) Accept donations and grants of money, equipment, supplies,\n\nmaterials and services, and to receive, utilize and dispose of them\n\nin a manner consistent with the conflict-of-interest policies\n\nestablished by the Interstate Commission;\n\n(m) Lease, purchase, accept contributions or donations of, or\n\notherwise to own, hold, improve or use, any property, real, personal\n\nor mixed;\n\n(n) Sell, convey, mortgage, pledge, lease, exchange, abandon,\n\nor otherwise dispose of any property, real, personal or mixed;\n\n(o) Establish a budget and make expenditures;\n\n(p) Adopt a seal and bylaws governing the management and\n\noperation of the Interstate Commission;\n\n(q) Report annually to the legislatures and governors of the\n\nmember states concerning the activities of the Interstate Commission\n\nduring the preceding year. Such reports shall also include reports\n\nof financial audits and any recommendations that may have been\n\nadopted by the Interstate Commission;\n(p) Adopt a seal and bylaws governing the management and\n\noperation of the Interstate Commission;\n\n(q) Report annually to the legislatures and governors of the\n\nmember states concerning the activities of the Interstate Commission\n\nduring the preceding year. Such reports shall also include reports\n\nof financial audits and any recommendations that may have been\n\nadopted by the Interstate Commission;\n\n(r) Coordinate education, training and public awareness\n\nregarding the Compact, its implementation and its operation;\n\n(s) Maintain records in accordance with the bylaws;\n\n(t) Seek and obtain trademarks, copyrights and patents; and\n\n(u) Perform such functions as may be necessary or appropriate\n\nto achieve the purposes of the Compact.\n\nSection 13. FINANCE POWERS\n\n(a) The Interstate Commission may levy on and collect an annual\n\nassessment from each member state to cover the cost of the\n\noperations and activities of the Interstate Commission and its\n\nstaff. The total assessment must be sufficient to cover the annual\n\nbudget approved each year for which revenue is not provided by other\n\nsources. The aggregate annual assessment amount shall be allocated\n\nupon a formula to be determined by the Interstate Commission, which\n\nshall promulgate a rule binding upon all member states.\n\n(b) The Interstate Commission shall not incur obligations of\n\nany kind prior to securing the funds adequate to meet the same.\n\n(c) The Interstate Commission shall not pledge the credit of\n\nany of the member states, except by, and with the authority of, the\n\nmember state.\n\n(d) The Interstate Commission shall be subject to a yearly\n\nfinancial audit conducted by a certified or licensed public\n\naccountant, and the report of the audit shall be included in the\n\nannual report of the Interstate Commission.\n\nSection 14. ORGANIZATION AND OPERATION OF THE INTERSTATE\n\nCOMMISSION\n\n(a) The Interstate Commission shall, by a majority of\n\nCommissioners present and voting, adopt bylaws to govern its conduct\n\nas may be necessary or appropriate to carry out the purposes of the\n\nCompact within twelve (12) months of the first Interstate Commission\n\nmeeting.\n\n(b) The Interstate Commission shall elect or appoint annually\n\nfrom among its Commissioners a chairperson, a vice-chairperson and a\n\ntreasurer, each of whom shall have such authority and duties as may\n\nbe specified in the bylaws. The chairperson or, in the\n\nchairperson's absence or disability, the vice-chairperson shall\n\npreside at all meetings of the Interstate Commission.\n\n(c) Officers selected in subsection (b) of this section shall\n\nserve without remuneration from the Interstate Commission.\n\n(d) The officers and employees of the Interstate Commission\n\nshall be immune from suit and liability, either personally or in\n\ntheir official capacity, for a claim for damage to or loss of\n\nproperty or personal injury or other civil liability caused or\n\narising out of, or relating to, an actual or alleged act, error or\n\nomission that occurred, or that such person had a reasonable basis\n\nfor believing occurred, within the scope of Interstate Commission\n\nemployment, duties or responsibilities; provided, that such person\n\nshall not be protected from suit or liability for damage, loss,\n\ninjury or liability caused by the intentional or willful and wanton\n\nmisconduct of such person.\nan actual or alleged act, error or\n\nomission that occurred, or that such person had a reasonable basis\n\nfor believing occurred, within the scope of Interstate Commission\n\nemployment, duties or responsibilities; provided, that such person\n\nshall not be protected from suit or liability for damage, loss,\n\ninjury or liability caused by the intentional or willful and wanton\n\nmisconduct of such person.\n\n(1) The liability of the executive director and employees\n\nof the Interstate Commission or representatives of the\n\nInterstate Commission, acting within the scope of such\n\nperson's employment or duties for acts, errors or\n\nomissions occurring within such person's state may not\n\nexceed the limits of liability set forth under the\n\nconstitution and laws of that state for state\n\nofficials, employees and agents. The Interstate\n\nCommission is considered to be an instrumentality of\n\nthe states for the purposes of any such action.\n\nNothing in this subsection shall be construed to\n\nprotect such person from suit or liability for damage,\n\nloss, injury or liability caused by the intentional or\n\nwillful and wanton misconduct of such person.\n\n(2) The Interstate Commission shall defend the executive\n\ndirector, its employees, and, subject to the approval\n\nof the attorney general or other appropriate legal\n\ncounsel of the member state represented by an\n\nInterstate Commission representative, shall defend\n\nsuch Interstate Commission representative in any civil\n\naction seeking to impose liability arising out of an\n\nactual or alleged act, error or omission that occurred\n\nwithin the scope of Interstate Commission employment,\n\nduties or responsibilities, or that the defendant had\n\na reasonable basis for believing occurred within the\n\nscope of Interstate Commission employment, duties or\n\nresponsibilities, provided that the actual or alleged\n\nact, error or omission did not result from intentional\n\nor willful and wanton misconduct on the part of such\n\nperson.\n\n(3) To the extent not covered by the state involved,\n\nmember state or the Interstate Commission, the\n\nrepresentatives or employees of the Interstate\n\nCommission shall be held harmless in the amount of a\n\nsettlement or judgment, including attorney fees and\n\ncosts, obtained against such persons arising out of an\n\nactual or alleged act, error or omission that occurred\n\nwithin the scope of Interstate Commission employment,\n\nduties or responsibilities, or that such persons had a\n\nreasonable basis for believing occurred within the\n\nscope of Interstate Commission employment, duties or\n\nresponsibilities, provided that the actual or alleged\n\nact, error or omission did not result from intentional\n\nor willful and wanton misconduct on the part of such\n\npersons.\n\nSection 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n\n(a) The Interstate Commission shall promulgate reasonable rules\n\nin order to effectively and efficiently achieve the purposes of the\n\nCompact. Notwithstanding the foregoing, in the event the Interstate\n\nCommission exercises its rulemaking authority in a manner that is\n\nbeyond the scope of the purposes of the Compact, or the powers\n\ngranted hereunder, then such an action by the Interstate Commission\n\nshall be invalid and have no force or effect.\n\n(b) Rules deemed appropriate for the operations of the\n\nInterstate Commission shall be made pursuant to a rulemaking process\n\nthat substantially conforms to the Model State Administrative\n\nProcedure Act of 2010, and subsequent amendments thereto.\n\nn action by the Interstate Commission\n\nshall be invalid and have no force or effect.\n\n(b) Rules deemed appropriate for the operations of the\n\nInterstate Commission shall be made pursuant to a rulemaking process\n\nthat substantially conforms to the Model State Administrative\n\nProcedure Act of 2010, and subsequent amendments thereto.\n\n(c) Not later than thirty (30) days after a rule is\n\npromulgated, any person may file a petition for judicial review of\n\nthe rule in the United States District Court for the District of\n\nColumbia or the federal district where the Interstate Commission has\n\nits principal offices; provided, that the filing of such a petition\n\nshall not stay or otherwise prevent the rule from becoming effective\n\nunless the court finds that the petitioner has a substantial\n\nlikelihood of success. The court shall give deference to the\n\nactions of the Interstate Commission consistent with applicable law\n\nand shall not find the rule to be unlawful if the rule represents a\n\nreasonable exercise of the authority granted to the Interstate\n\nCommission.\n\nSection 16. OVERSIGHT OF INTERSTATE COMPACT\n\n(a) The executive, legislative and judicial branches of state\n\ngovernment in each member state shall enforce the Compact and shall\n\ntake all actions necessary and appropriate to effectuate the\n\nCompact's purposes and intent. The provisions of the Compact and\n\nthe rules promulgated hereunder shall have standing as statutory law\n\nbut shall not override existing state authority to regulate the\n\npractice of medicine.\n\n(b) All courts shall take judicial notice of the Compact and\n\nthe rules in any judicial or administrative proceeding in a member\n\nstate pertaining to the subject matter of the Compact which may\n\naffect the powers, responsibilities or actions of the Interstate\n\nCommission.\n\n(c) The Interstate Commission shall be entitled to receive all\n\nservice of process in any such proceeding, and shall have standing\n\nto intervene in the proceeding for all purposes. Failure to provide\n\nservice of process to the Interstate Commission shall render a\n\njudgment or order void as to the Interstate Commission, the Compact\n\nor promulgated rules.\n\nSection 17. ENFORCEMENT OF INTERSTATE COMPACT\n\n(a) The Interstate Commission, in the reasonable exercise of\n\nits discretion, shall enforce the provisions and rules of the\n\nCompact.\n\n(b) The Interstate Commission may, by majority vote of the\n\nCommissioners, initiate legal action in the United States District\n\nCourt for the District of Columbia, or, at the discretion of the\n\nInterstate Commission, in the federal district where the Interstate\n\nCommission has its principal offices, to enforce compliance with the\n\nprovisions of the Compact, and its promulgated rules and bylaws,\n\nagainst a member state in default. The relief sought may include\n\nboth injunctive relief and damages. In the event judicial\n\nenforcement is necessary, the prevailing party shall be awarded all\n\ncosts of such litigation, including reasonable attorney fees.\n\n(c) The remedies herein shall not be the exclusive remedies of\n\nthe Interstate Commission. The Interstate Commission may avail\n\nitself of any other remedies available under state law or the\n\nregulation of a profession.\n\nSection 18. DEFAULT PROCEDURES\n\n(a) The grounds for default include, but are not limited to,\n\nfailure of a member state to perform such obligations or\n\nresponsibilities imposed upon it by the Compact, or the rules and\n\nbylaws of the Interstate Commission promulgated under the Compact.\nOccupations Page 466\n\nitself of any other remedies available under state law or the\n\nregulation of a profession.\n\nSection 18. DEFAULT PROCEDURES\n\n(a) The grounds for default include, but are not limited to,\n\nfailure of a member state to perform such obligations or\n\nresponsibilities imposed upon it by the Compact, or the rules and\n\nbylaws of the Interstate Commission promulgated under the Compact.\n\n(b) If the Interstate Commission determines that a member state\n\nhas defaulted in the performance of its obligations or\n\nresponsibilities under the Compact, or the bylaws or promulgated\n\nrules, the Interstate Commission shall:\n\n(1) provide written notice to the defaulting state and\n\nother member states of the nature of the default, the\n\nmeans of curing the default and any action taken by\n\nthe Interstate Commission. The Interstate Commission\n\nshall specify the conditions by which the defaulting\n\nstate must cure its default, and\n\n(2) provide remedial training and specific technical\n\nassistance regarding the default.\n\n(c) If the defaulting state fails to cure the default, the\n\ndefaulting state shall be terminated from the Compact upon an\n\naffirmative vote of a majority of the Commissioners and all rights,\n\nprivileges and benefits conferred by the Compact shall terminate on\n\nthe effective date of termination. A cure of the default does not\n\nrelieve the offending state of obligations or liabilities incurred\n\nduring the period of the default.\n\n(d) Termination of membership in the Compact shall be imposed\n\nonly after all other means of securing compliance have been\n\nexhausted. Notice of intent to terminate shall be given by the\n\nInterstate Commission to the Governor, the majority and minority\n\nleaders of the defaulting state's legislature and each of the member\n\nstates.\n\n(e) The Interstate Commission shall establish rules and\n\nprocedures to address licenses and physicians that are materially\n\nimpacted by the termination of a member state or the withdrawal of a\n\nmember state.\n\n(f) The member state which has been terminated is responsible\n\nfor all dues, obligations and liabilities incurred through the\n\neffective date of termination, including obligations, the\n\nperformance of which extends beyond the effective date of\n\ntermination.\n\n(g) The Interstate Commission shall not bear any costs relating\n\nto any state that has been found to be in default or which has been\n\nterminated from the Compact, unless otherwise mutually agreed upon\n\nin writing between the Interstate Commission and the defaulting\n\nstate.\n\n(h) The defaulting state may appeal the action of the\n\nInterstate Commission by petitioning the United States District\n\nCourt for the District of Columbia or the federal district where the\n\nInterstate Commission has its principal offices. The prevailing\n\nparty shall be awarded all costs of such litigation, including\n\nreasonable attorney fees.\n\nSection 19. DISPUTE RESOLUTION\n\n(a) The Interstate Commission shall attempt, upon the request\n\nof a member state, to resolve disputes which are subject to the\n\nCompact and which may arise among member states or member boards.\n\n(b) The Interstate Commission shall promulgate rules providing\n\nfor both mediation and binding dispute resolution, as appropriate.\n\nSection 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT\n\n(a) Any state is eligible to become a member state of the\n\nCompact.\n\n(b) The Compact shall become effective and binding upon\n\nlegislative enactment of the Compact into law by no less than seven\n\n(7) states. Thereafter, it shall become effective and binding on a\n\nstate upon enactment of the Compact into law by that state.\n\n(c) The governors of nonmember states, or their designees,\n\nshall be invited to participate in the activities of the Interstate\n\nCommission on a nonvoting basis prior to adoption of the Compact by\n\nall states.\ntive enactment of the Compact into law by no less than seven\n\n(7) states. Thereafter, it shall become effective and binding on a\n\nstate upon enactment of the Compact into law by that state.\n\n(c) The governors of nonmember states, or their designees,\n\nshall be invited to participate in the activities of the Interstate\n\nCommission on a nonvoting basis prior to adoption of the Compact by\n\nall states.\n\n(d) The Interstate Commission may propose amendments to the\n\nCompact for enactment by the member states. No amendment shall\n\nbecome effective and binding upon the Interstate Commission and the\n\nmember states unless and until it is enacted into law by unanimous\n\nconsent of the member states.\n\nSection 21. WITHDRAWAL\n\n(a) Once effective, the Compact shall continue in force and\n\nremain binding upon each and every member state; provided, that a\n\nmember state may withdraw from the Compact by specifically repealing\n\nthe statute which enacted the Compact into law.\n\n(b) Withdrawal from the Compact shall be by the enactment of a\n\nstatute repealing the same, but shall not take effect until one (1)\n\nyear after the effective date of such statute and until written\n\nnotice of the withdrawal has been given by the withdrawing state to\n\nthe governor of each other member state.\n\n(c) The withdrawing state shall immediately notify the\n\nchairperson of the Interstate Commission in writing upon the\n\nintroduction of legislation repealing the Compact in the withdrawing\n\nstate.\n\n(d) The Interstate Commission shall notify the other member\n\nstates of the withdrawing state's intent to withdraw within sixty\n\n(60) days of its receipt of notice provided under subsection (c) of\n\nthis section.\n\n(e) The withdrawing state is responsible for all dues,\n\nobligations and liabilities incurred through the effective date of\n\nwithdrawal, including obligations, the performance of which extends\n\nbeyond the effective date of withdrawal.\n\n(f) Reinstatement following withdrawal of a member state shall\n\noccur upon the withdrawing state reenacting the Compact or upon such\n\nlater date as determined by the Interstate Commission.\n\n(g) The Interstate Commission is authorized to develop rules to\n\naddress the impact of the withdrawal of a member state on licenses\n\ngranted in other member states to physicians who designated the\n\nwithdrawing member state as the state of principal license.\n\nSection 22. DISSOLUTION\n\n(a) The Compact shall dissolve effective upon the date of the\n\nwithdrawal or default of the member state which reduces the\n\nmembership in the Compact to one (1) member state.\n\n(b) Upon the dissolution of the Compact, the Compact becomes\n\nnull and void and shall be of no further force or effect, and the\n\nbusiness and affairs of the Interstate Commission shall be concluded\n\nand surplus funds shall be distributed in accordance with the\n\nbylaws.\n\nSection 23. SEVERABILITY AND CONSTRUCTION\n\n(a) The provisions of the Compact shall be severable, and if\n\nany phrase, clause, sentence or provision is deemed unenforceable,\n\nthe remaining provisions of the Compact shall be enforceable.\n\n(b) The provisions of the Compact shall be liberally construed\n\nto effectuate its purposes.\n\n(c) Nothing in the Compact shall be construed to prohibit the\n\napplicability of other interstate compacts to which the states are\n\nmembers.\n\nSection 24. BINDING EFFECT OF COMPACT AND OTHER LAWS\n\n(a) Nothing herein prevents the enforcement of any other law of\n\na member state that is not inconsistent with the Compact.\n\n(b) All laws in a member state in conflict with the Compact are\n\nsuperseded to the extent of the conflict.\n\n(c) All lawful actions of the Interstate Commission, including\n\nall rules and bylaws promulgated by the Commission, are binding upon\n\nthe member states.\n\n(d) All agreements between the Interstate Commission and the\n\nmember states are binding in accordance with their terms.\nwith the Compact.\n\n(b) All laws in a member state in conflict with the Compact are\n\nsuperseded to the extent of the conflict.\n\n(c) All lawful actions of the Interstate Commission, including\n\nall rules and bylaws promulgated by the Commission, are binding upon\n\nthe member states.\n\n(d) All agreements between the Interstate Commission and the\n\nmember states are binding in accordance with their terms.\n\n(e) In the event any provision of the Compact exceeds the\n\nconstitutional limits imposed on the legislature of any member\n\nstate, such provision shall be ineffective to the extent of the\n\nconflict with the constitutional provision in question in that\n\nmember state.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"aad18dcddfc2be8bd9fb79be7adca4bfe264766a714b8a7f1fe3da1021d11437","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-493.6","next":"us-ok/okla.-stat.-tit.-59-59-493.8"},"notice":"GroundRules: Original legal text. Not legal advice."}