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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: HHS DP 10-2-0-0 |
HB 2438: podiatric licensure compact
Sponsor: Representative Bliss, LD 1
Caucus & COW
Overview
Adopts the Interstate Podiatric Medical Licensure Compact (Compact) to allow podiatric physicians to obtain licensure in other Compact States. Creates the Interstate Podiatric Medical Licensure Compact Commission (Interstate Commission) and outlines membership, authorities and responsibilities.
History
The Compact is an interstate occupational licensure compact for podiatric physicians to facilitate multistate practice for Podiatrists, improves health care access for patients, and enhances public protection. Currently 0 states have adopted the compact, but Iowa, Maryland and Florida have introduced Compact legislation. The Compact becomes effective once four states adopt the legislation.
Podiatry is synonymous with chiropody and means diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local. A podiatrist is synonymous with podiatric physician and surgeon and means a person who is registered and licensed to practice podiatry by means of performing full body physical examinations within the profession's scope of practice and diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local.
Podiatrists are currently regulated by the State Board of Podiatry Examiners (Board). The five-member Board is made up of three podiatrists and two public members. The Board evaluates the professional competency of podiatrists seeking to be licensed in Arizona. Further, the Board promotes continued competency and fitness by investigating complaints against podiatrists, holding hearings, monitoring the activities of its licensees and enforcing the standards of practice for the podiatric profession as set forth by law (A.R.S. Title 32, Chapter 7 §§ 32-801 et seq.).
Provisions
Eligibility
1. Requires a podiatric physician to meet the eligibility requirements to receive an expedited license under the terms and conditions of the Compact. (Sec. 1)
2. Allows a podiatric physician who does not meet the definition of a podiatric physician under the Compact to obtain a license to practice in a member state if the individual complies with all laws and requirements, other than this Compact, relating to the issuance of a license to practice podiatric medicine in that state. (Sec. 1)
Designation of State of Principal License
3. Requires a podiatric physician to designate a member state as the state of principal license for the purposes of registration for expedited licensure through this Compact if the physician possesses a full and unrestricted license to practice podiatric medicine in that state and is one of the following:
a. the state of principle residence for the podiatric physician;
b. the state where at least 25% of the podiatric physician's practice occurs;
c. the location of the podiatric physician's employer; or
d. the state designated as the podiatric physician's state of residence for the purposes of federal income tax if no state meets the above-mentioned criteria. (Sec. 1)
4. Allows a podiatric physician to redesignate a member state as state of principal license at any time as long as the state meetings the applicable requirements. (Sec. 1)
5. Authorizes the Interstate Commission to develop rules to facilitate redesignation of another member state at the state of principal license. (Sec. 1)
Application, Fees and Issuance of Expedited Licensure
6. Requires a podiatric physician seeking licensure through the Compact to file an application for an expedited license with the state member board selected as the state of principal license. (Sec. 1)
7. Requires the designated state of principal license to evaluate whether the podiatric physician is eligible for expedited licensure on receipt of an application. (Sec. 1)
8. Requires the designated state of principal license to issue a letter of qualification, verifying or denying the podiatric physician's eligibility for an expedited license in a manner established through rule by the Interstate Commission. (Sec. 1)
9. Sets standards for rules adopted by the Interstate Commission for verifying or denying a podiatric physicians expedited Compact license. (Sec. 1)
10. Requires a podiatric physician to complete the registration process established by the Interstate Commission to receive a license in the selected member state and pay any applicable fees upon verification of eligibility. (Sec. 1)
11. Directs a member board to issue an expedited license to the podiatric physician after receiving verification of eligibility and paying any applicable fees. (Sec. 1)
12. Asserts that an expedited license authorizes the podiatric physician to practice podiatric medicine in the issuing state consistent with the Podiatric Medical Practice Act and all applicable laws and regulations of the issuing member board and member state. (Sec. 1)
13. Specifies that an expedited license is valid for a period consistent with the licensure period in the member state and in the same manner as required for other podiatric physicians holding a full and unrestricted license within the member state. (Sec. 1)
14. Terminates an expedited license obtained through the Compact if a podiatric physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license. (Sec. 1)
15. Authorizes the Interstate Commission to adopt rules regarding the application process, including payment of any applicable fees and the reporting of the issuance of an expedited license by a member board of the Interstate Commission. (Sec. 1)
16. Allows a member state issuing an expedited license to impose a fee for a license issued or renewed through the Compact. (Sec. 1)
Renewal and Continues Participation
17. Requires a podiatric physician seeking to renew an expedited license granted in a member state to complete a renewal process with the Interstate Commission if the podiatric physician meets all the following:
a. maintains a full and unrestricted license in a state if principal license;
b. has not been convicted of or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
c. has not had a license authorizing the practice of podiatric medicine subject to discipline by a license agency in any state, federal or foreign jurisdiction or voluntarily surrendered such a license in lieu of discipline, excluding any action related to nonpayment of fees related to a license; and
d. has not has a controlled substance or permit suspended or revoked by a state or the U.S. Drug Enforcement Administration or voluntarily surrendered such a license or permit after notification of investigation. (Sec. 1)
18. Requires podiatric physicians to comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state. (Sec. 1)
19. Requires the Interstate Commission to collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board. (Sec. 1)
20. Requires a member board to renew the podiatric physicians license on receipt of any collected renewal fees. (Sec. 1)
21. Specifies that any podiatric physician information collected by the Interstate Commission during the renewal process must be distributed to all member boards. (Sec. 1)
22. Authorizes the Interstate Commission to develop rules to address renewal of licenses obtained through this Compact. (Sec. 1)
Coordinated Information System
23. Tasks the Interstate Commission to establish a database of all podiatric physicians who are licensed or have applied for expedited licensure under the Compact. (Sec. 1)
24. Requires each member board to report to the Interstate Commission any public action or public complaints against a licensed podiatric physician who has applied for or received an expedited license through this Compact. (Sec. 1)
25. Directs a member board to report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission. (Sec. 1)
26. Allows a member board to report any nonpublic complaint, disciplinary or investigatory information not required by rule of the Interstate Commission. (Sec. 1)
27. Requires a member board to share complaint or disciplinary information about a podiatric physician on request of another member board. (Sec. 1)
28. Requires all information provided to the Interstate Commission or distributed by member boards to be confidential, filed under seal and used only for investigatory or disciplinary matters. (Sec. 1)
29. Authorizes the Interstate Commission to develop rules for mandated or discretionary sharing of information by member boards. (Sec. 1)
Joint Investigations and Disciplinary Actions
30. Deems licensure and disciplinary records of podiatric physicians investigative. (Sec. 1)
31. Allows a member board to participate with other member boards in joint investigations of podiatric physicians in addition to the authority granted to a member board by its respective podiatric medical practice act or applicable state law. (Sec. 1)
32. Requires a subpoena issued by a member state as part of a joint investigation to be enforceable in other member states. (Sec. 1)
33. Allows member boards to share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. (Sec. 1)
34. Allows any member to investigate actual or alleged violations of the statutes authorizing the practice of podiatric medicine in any other member state in which a podiatric physician holds a license to practice podiatric medicine. (Sec. 1)
35. Deems any disciplinary action taken by any member board against a podiatric physician licensed through this Compact as unprofessional conduct, which may be subject to discipline by other member boards, in addition to any violation of the Podiatric Medical Practice Act or regulations in that state. (Sec. 1)
36. Specifies that if a license granted to a podiatric physician by a member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline or suspension, all licenses issued to the podiatric physician by member boards must be placed without further action necessary by any member board on the same status. (Sec. 1)
37. Specifies that if the member board that is the state of principal license subsequently reinstates the podiatric physician's license, a license issued to the podiatric physician by any other member board must remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the podiatric medical practice of that state. (Sec. 1)
38. Specifies that if disciplinary action is taken against a podiatric physician by a member board that is not in a state of principal license than any other member board may deem the action conclusive as to atter of law and fact decided. (Sec. 1)
39. Specifies that if a member board deems an action conclusive it may:
a. impose the same or lesser sanctions against the podiatric physician so long as such sanctions are consistent with the Podiatric Medical Practice Act of that state; and
b. pursue separate disciplinary action against the podiatric physician under that member state's respective Podiatric Medical Practice Act, regardless of the action taken in other member states. (Sec. 1)
40. Requires for all podiatric licenses that have been revoked, surrendered or relinquished by any member board to be suspended automatically and immediately without further action necessary by another member board for 90 days on entry of an order by a disciplining board to allow each member board to investigate the basis for the action under the Podiatric Medical Practice Act of that state. (Sec. 1)
41. Allows a member board to terminate the automatic suspension in a manner consistent with the Podiatric Medical Practice Act of that state. (Sec. 1)
Interstate Podiatric Medical Licensure Compact Commission and
Executive Committee
42. Establishes the Interstate Commission to administer the Compact which is a discretionary state function. (Sec. 1)
43. Requires the Interstate Commission to be a body corporate and joint agency of the member states, have all responsibilities, powers and duties set forth in this Compact. (Sec. 1)
44. Allows additional powers to be conferred on the Interstate Commission by subsequent concurrent action of their respective legislatures of the member states in accordance with the terms of this Compact. (Sec. 1)
45. Prescribes membership, authorities and duties of the Interstate Commission. (Sec. 1)
46. Sets standards and procedures for conducting Interstate Commission meetings. (Sec. 1)
47. Requires the Interstate Commission to provide public notice of all meetings. (Sec. 1)
48. States all Interstate Commission meetings are open to the public. (Sec. 1)
49. Allows the Interstate Commission to hold closed meetings, in full or in portion, and outlines criteria for the Interstate Commission to hold these meetings. (Sec. 1)
50. Requires the Interstate Commission to keep minutes that fully describe all matters discussed in each meeting and provide a full and accurate summary of actions taken, including records of any roll call votes. (Sec. 1)
51. Requires the Interstate Commission to make its information and official records, to the extent not otherwise designated in this Compact or by its rules, available to the public for inspection. (Sec. 1)
52. Establishes an executive committee with the power to act on behalf of the Interstate Commission, except for rulemaking, during period when the Interstate Commission is not in session. (Sec. 1)
53. Requires the Executive Committee to oversee the administration of the Compact, including enforcement and compliance, Compact bylaws and rules and other such duties as necessary when acting on behalf of the Interstate Commission. (Sec. 1)
54. Requires the Interstate Commission to establish other committees for governance and administration of the Compact. (Sec. 1)
55. Holds harmless from liability the officers and employees for any claim for damage to or loss of property, personal injury or other civil liability caused by an act, error or omission that occurred, unless the damage, loss, injury or liability was caused by the intentional, willful or wanton misconduct of that person. (Sec. 1)
56. Specifies the liability of the Executive Director and employees of the Interstate Commission or its representatives, acting within the scope of such person's employment, error or omissions occurring within such person's state, may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. (Sec. 1)
57. Considers the Interstate Commission to be an instrumentality of the states for the purpose of such action and clarifies that this does not protect such a person from suit or liability for damage, loss, injury or liability caused by the person's intentional, willful or wanton misconduct. (Sec. 1)
58. Directs the Interstate Commission to defend any member, officer, executive director, employee or representative of the Interstate Commission in any civil action seeking to impose liability for an act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities. (Sec. 1)
59. Requires the Interstate Commission to hold harmless any member, officer, executive director, employee or Interstate Commission representative for the amount of any settlement or judgment obtained against that person arising out of an act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities if the act was not a result of intentional, willful or wanton misconduct. (Sec. 1)
Finance Powers of the Interstate Commission
60. Allows the Interstate Commission to levy on and collect and annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. (Sec. 1)
61. Specifies that the total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. (Sec. 1)
62. Requires the aggregate annual assessment to be allocated on a formula to be determined by the Interstate Commission, which must adopt a rule binding on all member states. (Sec. 1)
63. Prohibits the Interstate Commission from incurring obligations of any kind before securing the monies adequate to meet those obligations. (Sec. 1)
64. Prohibits the Interstate Commission from pledging the credit of any of the member states, except by and with the authority of the member state. (Sec. 1)
65. Requires the Interstate Commission to maintain financial records in accordance with the bylaws, including profit and loss statements and balance sheet reports which must be included in the annual report of the Interstate Commission. (Sec. 1)
Rulemaking, Oversight and Enforcement
66. Requires the Interstate Commission to adopt rules to achieve the purpose of the Compact effectively and efficiently. (Sec. 1)
67. Specifies that rulemaking actions by the Interstate Commission that go beyond the scope of the Compact or powers granted are considered invalid and have no force of effect. (Sec. 1)
68. Declares rules deemed appropriate for the operations of the Interstate Commission to be made pursuant to the rulemaking process that substantially conforms to the model state Administrative Procedure Act of 2010 and subsequent amendments thereto. (Sec. 1)
69. Allows any person to file a petition for judicial review of the rule in the United States District for the District of Columbia or the federal district where the Interstate Commission has its principal offices no later than 30 days after a rule is adopted. (Sec. 1)
70. States the filing of such a petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petition has a substantial likelihood of success. (Sec. 1)
71. Requires the court to give deference to the actions of the Interstate Commission consistent with applicable law and must not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission. (Sec. 1)
72. Requires the executive, legislative and judicial branches of state government in each member state to enforce the Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent. (Sec. 1)
73. Stipulates that this Compact and its rules have standing as statutory law but cannot override existing state authority to regulate the practice of podiatric medicine. (Sec. 1)
74. Directs all courts to take judicial notice of this Compact and its rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact that may affect the powers, responsibilities or actions of the Interstate Commission. (Sec. 1)
75. Entitles the Interstate Commission with receiving all service of process in any such proceeding and standing to intervene in a proceeding for all purposes. (Sec. 1)
76. Asserts that failure to provide service of process to the Interstate Commission renders a judgement or order void as to the Interstate Commission, the Compact or its adopted rules. (Sec. 1)
77. Requires the Interstate Commission, in the reasonable exercise of its discretion, to enforce the provisions and rules of this Compact. (Sec. 1)
78. Allows the Interstate Commission, by a majority vote of the Commissioners present and voting, to initiate legal action in the United States Court for the District of Columbia, or at the discretion of the Interstate Commission, in federal district where the Interstate Commission has its principal offices to enforce compliance with this Compact, bylaws and adopted rules against a member in default. (Sec. 1)
79. Allows the relief sought to include both injunctive relief and damages. (Sec. 1)
80. Requires the prevailing party, if judicial enforcement is necessary, to be awarded all costs of such litigation, including reasonable attorney fees. (Sec. 1)
81. Specifies that the prescribed remedies are not the exclusive remedies of the Interstate Commission. (Sec. 1)
82. Allows the Interstate Commission to avail itself of any other remedies available under state law or regulation of a profession. (Sec. 1)
Default Procedures
83. Asserts that grounds for default include failure of a member board to perform such obligations or responsibilities imposed on it by this Compact or the rules and bylaws of the Interstate Commission. (Sec. 1)
84. Outlines procedures for member states that are determined to be in default by the Interstate Commission. (Sec. 1)
85. Terminates the defaulting member state from the Compact on an affirmative majority vote of the Interstate Commission if the defaulting state fails to cure the default. (Sec. 1)
86. Specifies that all rights, privileges and benefits conferred by the Compact are terminated on the effective date of termination. (Sec. 1)
87. Clarifies that a cure of default does not relieve the offending state of obligations or liabilities incurred during the period of default. (Sec. 1)
88. Stipulates that termination of membership in the Compact must be imposed only after all other means of securing compliance have been exhausted. (Sec. 1)
89. Requires notice of intent to terminate to be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature and each member state. (Sec. 1)
90. Requires the Interstate Commission to establish rules and procedures to address licenses and podiatric physicians who are materially impacted by the termination or withdrawal of a member state. (Sec. 1)
91. Deems a member state that has been terminated responsible for all dues, obligations and liabilities incurred through the effective date of termination, including obligations and the performance of which extends beyond the effective date of termination. (Sec. 1)
92. Prohibits the Interstate Commission from bearing any costs relating to any state that has been found in default of terminated from the Compact, unless otherwise mutually agreed on in writing between the Interstate Commission and the defaulting state. (Sec. 1)
93. Allows the defaulting state to 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. (Sec. 1)
94. Requires the prevailing party to be awarded all costs of litigation, including reasonable attorney fees. (Sec. 1)
95. Requires the Interstate Commission to resolve Compact disputes that arise among member states or member boards upon request of a member state. (Sec. 1)
Member States, Effective Date and Amendment
96. Declares any state eligible to become a member of the Compact. (Sec. 1)
97. Adopts the Compact on the date that the Compact is enacted by a 4th member state. (Sec. 1)
98. Mandates that Governors of nonmember states, or their designees, are welcome to participate in activities of the Interstate Commission on a nonvoting basis before adoption of this Compact by all states. (Sec. 1)
99. Allows the Interstate Commission to propose amendments to this Compact for enactment by the member states. (Sec. 1)
100. Prohibits an amendment from becoming effective and binding unless and until it is enacted into law by unanimous consent of the member states. (Sec. 1)
Withdrawal
101. States once effective, this Compact must continue in force and remain binding on each member state, provided that a member state may withdraw from the Compact by specifically repealing the statute that enacted this Compact into law. (Sec. 1)
102. Requires withdrawal from this Compact to be enactment of a statute repealing the same, but does not take effect until one year after the effective date of such statute and until written notice of the withdrawal to the Governor of each member state. (Sec. 1)
103. Requires the withdrawing state to immediately notify the Chairperson of the Interstate Commission in writing on the introduction of legislation to repeal the Compact. (Sec. 1)
104. Requires the Interstate Commission to notify the other member states of the withdrawing state's intent to withdraw within 60 days after its receipt of notice to withdraw. (Sec. 1)
105. Deems the withdrawing state responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extends beyond the effective date of withdrawal. (Sec. 1)
106. Specifies that reinstatement following withdrawal of a member state must occur on the withdrawing date reenacting the Compact or on such later date as determined by the Interstate Commission. (Sec. 1)
107. Authorizes the Interstate Commission to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to podiatric physicians who designated the withdrawing member state as the state of principal license. (Sec. 1)
Dissolution, Severability and Construction
108. Dissolves the Compact on the date of the withdrawal or default of the member state that reduces the membership to one member state. (Sec. 1)
109. Provides that upon dissolution of the Compact, the Compact becomes void, the Interstate Commission must conclude its affairs and any remaining funds must be distributed in accordance with the Commission’s bylaws. (Sec. 1)
110. Requires the provisions of the Compact to be severable and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact are enforceable. (Sec. 1)
111. Asserts that the Compact be liberally construed to effectuate its purposes. (Sec. 1)
112. Clarifies this Compact does not prohibit the applicability of other compacts to which the member states are members. (Sec. 1)
Binding Effect of Compact and Other Laws
113. Clarifies this Compact does not prevent the enforcement of any other law of a member state that is not inconsistent with this Compact. (Sec. 1)
114. Declares all laws in a member state that conflict with this Compact are superseded to the extent of the conflict. (Sec. 1)
115. Deems all lawful actions of the Commission, including all rules and bylaws adopted by the Commission as binding on all member states. (Sec. 1)
116. Deems all agreements between the Commission and the member states as binding in accordance with their terms. (Sec. 1)
117. Stipulates that if any provision of this Compact exceeds the constitutional limits imposed on the Legislature of any member state, that provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Sec. 1)
Miscellaneous
118. Outlines the purposes of the Compact. (Sec. 1)
119. Defines terms. (Sec. 1)
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Initials AG HB 2438
1/15/2026 Page 0 Caucus & COW
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