RSA 329-C:2 · Definitions

329-C:2 Definitions. – In this compact:

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I.

"Bylaws" means those bylaws established by the interstate commission pursuant to RSA 329-C:11 for its governance, or for directing and controlling its actions and conduct.

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II.

"Commissioner" means the voting representative appointed by each member board pursuant to RSA 329-C:11.

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III.

"Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

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IV.

"Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

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V.

"Interstate commission" means the interstate commission created pursuant to RSA 329-C:11.

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VI.

"License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

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VII.

"Medical practice act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

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VIII.

"Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

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IX.

"Member state" means a state that has enacted the compact.

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X.

"Practice of medicine" means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

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XI.

"Physician" means any person who:

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(a)

Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

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(b)

Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within 3 attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

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(c)

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

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(d)

Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;

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(e)

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

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(f)

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

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(g)

Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;

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(h)

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

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(i)

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

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XII.

"Offense" means a felony, misdemeanor, or crime of moral turpitude.

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XIII.

"Rule" means a written statement by the interstate commission promulgated pursuant to RSA 329-C:12 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

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XIV.

"State" means any state, commonwealth, district, or territory of the United States.

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XV.

"State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact. Source. 2016, 70:1, eff. July 4, 2016.

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