Interstate Medical Licensure Compact
Legally Speaking
Clifford Warren Lober, MD, JD, presents legal dilemmas in dermatology every other month. He is a dermatologist in practice in Florida and a partner in the law firm Lober, Brown, and Lober.
By Clifford Warren Lober, MD, JD, October 1, 2018
Carl: Bryan, I recently heard that if the state in which I am licensed is a member of the Interstate Medical Licensure Compact (IMLC) that I can easily get licensed in several other states. What’s going on?
Bryan: The IMLC is an agreement between the boards of allopathic and osteopathic medicine in 24 states, Guam, and Washington, D.C. (31 medical and osteopathic boards of medicine) that allow board-certified physicians in one of the member states to obtain expedited licensure in other member states. It is anticipated that more states will join the IMLC in coming years.
Carl: I haven’t heard of the Compact before. When did it become operational?
Bryan: The Compact issued its first Letter of Qualification expediting physician licensure in a state other than his or her state of primary licensure in April 2017.
Carl: I practice in one of the member states. Do I automatically qualify to get licensed in other states?
Bryan: In order to qualify to get licensed through the IMLC, you must be board certified in your specialty by an ABMS or AOABOS board and hold an unrestricted, full medical license in your state of principal license (SPL). You must either have your primary residence or employer located in your SPL, have at least 25% of your medical practice in your SPL, or use your SPL as your address for federal income tax purposes, and must not have a history of criminal or disciplinary actions against your license. Other requirements are detailed on the Compact’s website, www.imlcc.org.
Carl: If I do not want to go through the IMLC, can I still apply for a license in one of the member states?
Bryan: Absolutely. You can always obtain a medical license by the traditional method of applying directly to individual states whether or not they are members of the Compact.
Carl: If I obtain licensure through the Compact, am I subject to the laws of my state of primary licensure or the laws and regulations of the other state(s) in which I obtain licensure?
Bryan: You are subject to the laws and regulations of every state in which you obtain licensure. The IMLC simply provides an alternate means of obtaining medical licensure. It does not circumvent, alter, or restrict the authority of the board of medicine or the board of osteopathic medicine in any state.
Carl: If I treat a patient in another state, am I subject to the laws of that state or those of my state of primary license?
Bryan: The laws of the state in which the patient is located at the time the physician-patient encounter occurs usually determines which state’s laws and regulations apply.
Carl: How do I get licensed through the Compact?
Bryan: You need to apply on Interstate Medical Licensure Compact Commission’s website, www.imlcc.org. After affirming that you meet the above mentioned requirements, you will be asked to provide professional and demographic information, indicate your state of primary licensure, and pay a $700 non-refundable application fee by credit card. You will also be asked to submit your fingerprints to the criminal justice agency of your state of primary licensure so that a background check can be done. If everything is in order, you will receive a Letter of Qualification that can then be sent to other states that are members of the Compact. Those states will then issue licenses to practice medicine.
Carl: What fees will I incur in addition to the $700 application fee?
Bryan: You will have to pay the licensure fee for each state in which you wish to be licensed plus a $100 “handling fee.” The fees to be licensed in the participating states currently vary from $75 to $750.
Carl: Does the compact require maintenance of certification?
Bryan: No. Maintenance of certification is not required, nor is its osteopathic counterpart, osteopathic continuous certification.
Carl: Has the AAD expressed an opinion about the Compact?
Bryan: The Academy has applauded the Federation of State Medical Board’s “efforts in reforming state licensure in a way that will preserve the authority of state medical boards, while also promoting patient safety, high-quality care, and increased patient access.”
Carl: Thanks, Bryan!
