In this compact:

(1)  “Bylaws” means those bylaws established by the Interstate Commission pursuant to Section 58-67b-112 for its governance, or for directing and controlling its actions and conduct.

Terms Used In Utah Code 58-67b-103

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  “Commissioner” means the voting representative appointed by each member board pursuant to Section 58-67b-112.

(3)  “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.

(4)  “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.

(5)  “Interstate Commission” means the interstate commission created pursuant to Section 58-67b-112.

(6)  “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

(7)  “Medical practice act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(8)  “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.

(9)  “Member state” means a state that has enacted the Compact.

(10)  “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

(11)  “Physician” means any person who:

(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;

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

(c)  successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(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;

(e)  possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

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

(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 non-payment of fees related to a license;

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

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

(12)  “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.

(13)  “Rule” means a written statement by the Interstate Commission promulgated pursuant to Section 58-67b-113 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.

(14)  “State” means any state, commonwealth, district, or territory of the United States.

(15)  “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.

Enacted by Chapter 24, 2015 General Session

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