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WV Code § 30-1C-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-7. Renewal and Continued Participation

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:(1) Maintains a full and unrestricted license in a state of principal license;(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.
WV Code § 30-1C-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-8. Coordinated Information System

(a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under section five of this article.(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the Interstate Commission.(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
WV Code § 30-1C-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-9. Joint Investigations

(a) Licensure and disciplinary records of physicians are deemed investigative.(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.(c) A subpoena issued by a member state shall be enforceable in other member states.(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
WV Code § 30-1C-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-10. Disciplinary Actions

(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a licensed issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:(i) 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(ii) Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any licenses issued to the physician by any other member boards shall be suspended, automatically and immediately without further action necessary by the other member boards, for ninety days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety day suspension period in a manner consistent with the Medical Practice Act of that state.
WV Code § 30-1C-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-12. Powers and Duties of the Interstate Commission

The Interstate Commission shall have the duty and power to:(1) Oversee and maintain the administration of the Compact;(2) Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;(3) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;(4) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;(5) Establish and appoint committees including, but not limited to, an executive committee as required by section eleven of this article, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;(6) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;(7) Establish and maintain one or more offices;(8) Borrow, accept, hire, or contract for services of personnel;(9) Purchase and maintain insurance and bonds;(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;(12) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission;(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;(15) Establish a budget and make expenditures;(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;(17) Report annually to the Legislatures and Governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;(18) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;(19) Maintain records in accordance with the bylaws;(20) Seek and obtain trademarks, copyrights, and patents; and(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.
WV Code § 30-1C-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-13. Finance Powers

(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.
WV Code § 30-1C-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-15. Rule Making Functions of the Interstate Commission

(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.(c) Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.
WV Code § 30-1C-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-16. Oversight of Interstate Compact

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.(b) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities or actions of the Interstate Commission.(c) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules.
WV Code § 30-1C-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-17. Enforcement of Interstate Compact

(a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.(b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the Compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.
WV Code § 30-1C-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-18. Default Procedures

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Interstate Commission shall:(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and(2) Provide remedial training and specific technical assistance regarding the default.(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's Legislature, and each of the member states.(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
WV Code § 30-1C-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-19. Dispute Resolution

(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards.(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
WV Code § 30-1C-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-20. Member States, Effective Date and Amendment

(a) Any state is eligible to become a member state of the Compact.(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.(d) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
WV Code § 30-1C-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-21. Withdrawal

(a) Once effective, the Compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.(b) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.(d) The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty days of its receipt of notice provided under subsection (c) of this section.(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
WV Code § 30-1C-22 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-22. Dissolution

(a) The Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the Compact to one member state.(b) Upon the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
WV Code § 30-1C-23 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-23. Severability and Construction

(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.(c) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
WV Code § 30-1C-24 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1C. Interstate Medical Licensure Compact|§30-1C-24. Binding Effect of Compact and Other Laws

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.(d) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.(e) In the event any provision of the Compact exceeds the Constitutional limits imposed on the Legislature of any member state, such provision shall be ineffective to the extent of the conflict with the Constitutional provision in question in that member state.