SB 256: "An Act relating to the recognition of EMS personnel licensure interstate compact; and providing for an effective date."
00 SENATE BILL NO. 256 01 "An Act relating to the recognition of EMS personnel licensure interstate compact; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.08.082 is amended by adding a new subsection to read: 05 (d) The department shall implement the recognition of EMS personnel 06 licensure interstate compact under AS 18.08.105. 07 * Sec. 2. AS 18.08 is amended by adding a new section to read: 08 Sec. 18.08.105. Recognition of EMS personnel licensure interstate 09 compact. The recognition of EMS personnel licensure interstate compact as contained 10 in this section is enacted into law and entered into on behalf of the state with all other 11 states and jurisdictions legally joining it in a form substantially as follows: 12 SECTION 1. PURPOSE. 13 In order to protect the public through verification of competency and ensure 14 accountability for patient care related activities all states license emergency medical
01 services (EMS) personnel, such as emergency medical technicians (EMTs), advanced 02 EMTs and paramedics. This Compact is intended to facilitate the day-to-day 03 movement of EMS personnel across state boundaries in the performance of their EMS 04 duties as assigned by an appropriate authority and authorize state EMS offices to 05 afford immediate legal recognition to EMS personnel licensed in a member state. This 06 Compact recognizes that states have a vested interest in protecting the public's health 07 and safety through their licensing and regulation of EMS personnel and that such state 08 regulation shared among the member states will best protect public health and safety. 09 This Compact is designed to achieve the following purposes and objectives: 10 (1) increase public access to EMS personnel; 11 (2) enhance the states' ability to protect the public's health and safety, 12 especially patient safety; 13 (3) encourage the cooperation of member states in the areas of EMS 14 personnel licensure and regulation; 15 (4) support licensing of military members who are separating from an 16 active-duty tour and their spouses; 17 (5) facilitate the exchange of information between member states 18 regarding EMS personnel licensure, adverse action and significant investigatory 19 information; 20 (6) promote compliance with the laws governing EMS personnel 21 practice in each member state; and 22 (7) invest all member states with the authority to hold EMS personnel 23 accountable through the mutual recognition of member state licenses. 24 SECTION 2. DEFINITIONS. 25 In this Compact: 26 (A) "Advanced Emergency Medical Technician" and "AEMT" mean: an 27 individual licensed with cognitive knowledge and a scope of practice that corresponds 28 to that level in the National EMS Education Standards and National EMS Scope of 29 Practice Model. 30 (B) "Adverse Action" means: any administrative, civil, equitable or criminal 31 action permitted by a state's laws which may be imposed against licensed EMS
01 personnel by a state EMS authority or state court, including, but not limited to, actions 02 against an individual's license such as revocation, suspension, probation, consent 03 agreement, monitoring or other limitation or encumbrance on the individual's practice, 04 letters of reprimand or admonition, fines, criminal convictions and state court 05 judgments enforcing adverse actions by the state EMS authority. 06 (C) "Alternative program" means: a voluntary, non-disciplinary substance 07 abuse recovery program approved by a state EMS authority. 08 (D) "Certification" means: the successful verification of entry-level cognitive 09 and psychomotor competency using a reliable, validated, and legally defensible 10 examination. 11 (E) "Commission" means: the national administrative body of which all states 12 that have enacted the Compact are members. 13 (F) "Emergency Medical Technician" and "EMT" mean: an individual 14 licensed with cognitive knowledge and a scope of practice that corresponds to that 15 level in the National EMS Education Standards and National EMS Scope of Practice 16 Model. 17 (G) "Home State" means: a member state where an individual is licensed to 18 practice emergency medical services. 19 (H) "License" means: the authorization by a state for an individual to practice 20 as an EMT, AEMT, paramedic, or a level in between EMT and paramedic. 21 (I) "Medical Director" means: a physician licensed in a member state who is 22 accountable for the care delivered by EMS personnel. 23 (J) "Member State" means: a state that has enacted this Compact. 24 (K) "Paramedic" means: an individual licensed with cognitive knowledge and 25 a scope of practice that corresponds to that level in the National EMS Education 26 Standards and National EMS Scope of Practice Model. 27 (L) "Privilege to Practice" means: an individual's authority to deliver 28 emergency medical services in remote states as authorized under this Compact. 29 (M) "Remote State" means: a member state in which an individual is not 30 licensed. 31 (N) "Restricted" means: the outcome of an adverse action that limits a license
01 or the privilege to practice. 02 (O) "Rule" means: a written statement by the interstate Commission 03 promulgated pursuant to Section 12 of this Compact that is of general applicability; 04 implements, interprets, or prescribes a policy or provision of the Compact; or is an 05 organizational, procedural, or practice requirement of the Commission and has the 06 force and effect of statutory law in a member state and includes the amendment, 07 repeal, or suspension of an existing rule. 08 (P) "Scope of Practice" means: defined parameters of various duties or 09 services that may be provided by an individual with specific credentials. Whether 10 regulated by rule, statute, or court decision, it tends to represent the limits of services 11 an individual may perform. 12 (Q) "Significant Investigatory Information" means: 13 (1) investigative information that a state EMS authority, after a 14 preliminary inquiry that includes notification and an opportunity to respond if required 15 by state law, has reason to believe, if proved true, would result in the imposition of an 16 adverse action on a license or privilege to practice; or 17 (2) investigative information that indicates that the individual 18 represents an immediate threat to public health and safety regardless of whether the 19 individual has been notified and had an opportunity to respond. 20 (R) "State" means: any state, commonwealth, district, or territory of the 21 United States. 22 (S) "State EMS Authority" means: the board, office, or other agency with the 23 legislative mandate to license EMS personnel. 24 SECTION 3. HOME STATE LICENSURE. 25 (A) Any member state in which an individual holds a current license shall be 26 deemed a home state for purposes of this Compact. 27 (B) Any member state may require an individual to obtain and retain a license 28 to be authorized to practice in the member state under circumstances not authorized by 29 the privilege to practice under the terms of this Compact. 30 (C) A home state's license authorizes an individual to practice in a remote 31 state under the privilege to practice only if the home state:
01 (1) Currently requires the use of the National Registry of Emergency 02 Medical Technicians (NREMT) examination as a condition of issuing initial licenses 03 at the EMT and paramedic levels; 04 (2) Has a mechanism in place for receiving and investigating 05 complaints about individuals; 06 (3) Notifies the Commission, in compliance with the terms herein, of 07 any adverse action or significant investigatory information regarding an individual; 08 (4) No later than five years after activation of the Compact, requires a 09 criminal background check of all applicants for initial licensure, including the use of 10 the results of fingerprint or other biometric data checks compliant with the 11 requirements of the Federal Bureau of Investigation with the exception of federal 12 employees who have suitability determination in accordance with 5 C.F.R. 731.202 13 and submit documentation of such as promulgated in the rules of the Commission; and 14 (5) Complies with the rules of the Commission. 15 SECTION 4. COMPACT PRIVILEGE TO PRACTICE. 16 (A) Member states shall recognize the privilege to practice of an individual 17 licensed in another member state that is in conformance with Section 3. 18 (B) To exercise the privilege to practice under the terms and provisions of this 19 Compact, an individual must: 20 (1) Be at least 18 years of age; 21 (2) Possess a current unrestricted license in a member state as an EMT, 22 AEMT, paramedic, or state recognized and licensed level with a scope of practice and 23 authority between EMT and paramedic; and 24 (3) Practice under the supervision of a medical director. 25 (C) An individual providing patient care in a remote state under the privilege 26 to practice shall function within the scope of practice authorized by the home state 27 unless and until modified by an appropriate authority in the remote state as may be 28 defined in the rules of the commission. 29 (D) Except as provided in Section 4(C), an individual practicing in a remote 30 state will be subject to the remote state's authority and laws. A remote state may, in 31 accordance with due process and that state's laws, restrict, suspend, or revoke an
01 individual's privilege to practice in the remote state and may take any other necessary 02 actions to protect the health and safety of its citizens. If a remote state takes action it 03 shall promptly notify the home state and the Commission. 04 (E) If an individual's license in any home state is restricted or suspended, the 05 individual shall not be eligible to practice in a remote state under the privilege to 06 practice until the individual's home state license is restored. 07 (F) If an individual's privilege to practice in any remote state is restricted, 08 suspended, or revoked the individual shall not be eligible to practice in any remote 09 state until the individual's privilege to practice is restored. 10 SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. 11 An individual may practice in a remote state under a privilege to practice only 12 in the performance of the individual's EMS duties as assigned by an appropriate 13 authority, as defined in the rules of the Commission, and under the following 14 circumstances: 15 (1) The individual originates a patient transport in a home state and 16 transports the patient to a remote state; 17 (2) The individual originates in the home state and enters a remote 18 state to pick up a patient and provide care and transport of the patient to the home 19 state; 20 (3) The individual enters a remote state to provide patient care and/or 21 transport within that remote state; 22 (4) The individual enters a remote state to pick up a patient and 23 provide care and transport to a third member state; 24 (5) Other conditions as determined by rules promulgated by the 25 commission. 26 SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE 27 COMPACT. 28 Upon a member state's governor's declaration of a state of emergency or 29 disaster that activates the Emergency Management Assistance Compact (EMAC), all 30 relevant terms and provisions of EMAC shall apply and to the extent any terms or 31 provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail
01 with respect to any individual practicing in the remote state in response to such 02 declaration. 03 SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE-DUTY 04 MILITARY, AND THEIR SPOUSES. 05 (A) Member states shall consider a veteran, active military service member, 06 and member of the National Guard and Reserves separating from an active-duty tour, 07 and a spouse thereof, who holds a current valid and unrestricted NREMT certification 08 at or above the level of the state license being sought as satisfying the minimum 09 training and examination requirements for such licensure. 10 (B) Member states shall expedite the processing of licensure applications 11 submitted by veterans, active military service members, and members of the National 12 Guard and Reserves separating from an active-duty tour, and their spouses. 13 (C) All individuals functioning with a privilege to practice under this Section 14 remain subject to the Adverse Actions provisions of Section 8. 15 SECTION 8. ADVERSE ACTIONS. 16 (A) A home state shall have exclusive power to impose adverse action against 17 an individual's license issued by the home state. 18 (B) If an individual's license in any home state is restricted or suspended, the 19 individual shall not be eligible to practice in a remote state under the privilege to 20 practice until the individual's home state license is restored. 21 (1) All home state adverse action orders shall include a statement that 22 the individual's Compact privileges are inactive. The order may allow the individual to 23 practice in remote states with prior written authorization from both the home state and 24 remote state's EMS authority. 25 (2) An individual currently subject to adverse action in the home state 26 shall not practice in any remote state without prior written authorization from both the 27 home state and remote state's EMS authority. 28 (C) A member state shall report adverse actions and any occurrences that the 29 individual's Compact privileges are restricted, suspended, or revoked to the 30 Commission in accordance with the rules of the Commission. 31 (D) A remote state may take adverse action on an individual's privilege to
01 practice within that state. 02 (E) Any member state may take adverse action against an individual's 03 privilege to practice in that state based on the factual findings of another member state, 04 so long as each state follows its own procedures for imposing such adverse action. 05 (F) A home state's EMS authority shall investigate and take appropriate action 06 with respect to reported conduct in a remote state as it would if such conduct had 07 occurred within the home state. In such cases, the home state's law shall control in 08 determining the appropriate adverse action. 09 (G) Nothing in this Compact shall override a member state's decision that 10 participation in an alternative program may be used in lieu of adverse action and that 11 such participation shall remain non-public if required by the member state's laws. 12 Member states must require individuals who enter any alternative programs to agree 13 not to practice in any other member state during the term of the alternative program 14 without prior authorization from such other member state. 15 SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS 16 AUTHORITY. 17 A member state's EMS authority, in addition to any other powers granted 18 under state law, is authorized under this Compact to: 19 (1) Issue subpoenas for both hearings and investigations that require 20 the attendance and testimony of witnesses and the production of evidence. Subpoenas 21 issued by a member state's EMS authority for the attendance and testimony of 22 witnesses, and/or the production of evidence from another member state, shall be 23 enforced in the remote state by any court of competent jurisdiction, according to that 24 court's practice and procedure in considering subpoenas issued in its own proceedings. 25 The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, 26 and other fees required by the service statutes of the state where the witnesses and/or 27 evidence are located; and 28 (2) Issue cease and desist orders to restrict, suspend, or revoke an 29 individual's privilege to practice in the state. 30 SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS 31 PERSONNEL PRACTICE.
01 (A) The Compact states hereby create and establish a joint public agency 02 known as the Interstate Commission for EMS Personnel Practice. 03 (1) The Commission is a body politic and an instrumentality of the 04 Compact states. 05 (2) Venue is proper and judicial proceedings by or against the 06 Commission shall be brought solely and exclusively in a court of competent 07 jurisdiction where the principal office of the Commission is located. The Commission 08 may waive venue and jurisdictional defenses to the extent it adopts or consents to 09 participate in alternative dispute resolution proceedings. 10 (3) Nothing in this Compact shall be construed to be a waiver of 11 sovereign immunity. 12 (B) Membership, Voting, and Meetings. 13 (1) Each member state shall have and be limited to one (1) delegate. 14 The responsible official of the state EMS authority or his designee shall be the 15 delegate to this Compact for each member state. Any delegate may be removed or 16 suspended from office as provided by the law of the state from which the delegate is 17 appointed. Any vacancy occurring in the Commission shall be filled in accordance 18 with the laws of the member state in which the vacancy exists. In the event that more 19 than one board, office, or other agency with the legislative mandate to license EMS 20 personnel at and above the level of EMT exists, the Governor of the state will 21 determine which entity will be responsible for assigning the delegate. 22 (2) Each delegate shall be entitled to one (1) vote with regard to the 23 promulgation of rules and creation of bylaws and shall otherwise have an opportunity 24 to participate in the business and affairs of the Commission. A delegate shall vote in 25 person or by such other means as provided in the bylaws. The bylaws may provide for 26 delegates' participation in meetings by telephone or other means of communication. 27 (3) The Commission shall meet at least once during each calendar 28 year. Additional meetings shall be held as set forth in the bylaws. 29 (4) All meetings shall be open to the public, and public notice of 30 meetings shall be given in the same manner as required under the rulemaking 31 provisions in Section 7.
01 (5) The Commission may convene in a closed, non-public meeting if 02 the Commission must discuss: 03 (a) Non-compliance of a member state with its obligations 04 under the Compact; 05 (b) The employment, compensation, discipline or other 06 personnel matters, practices or procedures related to specific employees or 07 other matters related to the Commission's internal personnel practices and 08 procedures; 09 (c) Current, threatened, or reasonably anticipated litigation; 10 (d) Negotiation of contracts for the purchase or sale of goods, 11 services, or real estate; 12 (e) Accusing any person of a crime or formally censuring any 13 person; 14 (f) Disclosure of trade secrets or commercial or financial 15 information that is privileged or confidential; 16 (g) Disclosure of information of a personal nature where 17 disclosure would constitute a clearly unwarranted invasion of personal privacy; 18 (h) Disclosure of investigatory records compiled for law 19 enforcement purposes; 20 (i) Disclosure of information related to any investigatory 21 reports prepared by or on behalf of or for use of the Commission or other 22 committee charged with responsibility of investigation or determination of 23 compliance issues pursuant to the Compact; or 24 (j) Matters specifically exempted from disclosure by federal or 25 member state statute. 26 (6) If a meeting, or portion of a meeting, is closed pursuant to this 27 provision, the Commission's legal counsel or designee shall certify that the meeting 28 may be closed and shall reference each relevant exempting provision. The 29 Commission shall keep minutes that fully and clearly describe all matters discussed in 30 a meeting and shall provide a full and accurate summary of actions taken, and the 31 reasons therefore, including a description of the views expressed. All documents
01 considered in connection with an action shall be identified in such minutes. All 02 minutes and documents of a closed meeting shall remain under seal, subject to release 03 by a majority vote of the Commission or order of a court of competent jurisdiction. 04 (C) The Commission shall, by a majority vote of the delegates, prescribe 05 bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry 06 out the purposes and exercise the powers of the Compact, including but not limited to: 07 (1) Establishing the fiscal year of the Commission; 08 (2) Providing reasonable standards and procedures: 09 (a) for the establishment and meetings of other committees; and 10 (b) governing any general or specific delegation of any 11 authority or function of the Commission; 12 (3) Providing reasonable procedures for calling and conducting 13 meetings of the Commission, ensuring reasonable advance notice of all meetings, and 14 providing an opportunity for attendance of such meetings by interested parties, with 15 enumerated exceptions designed to protect the public's interest, the privacy of 16 individuals, and proprietary information, including trade secrets. The Commission 17 may meet in closed session only after a majority of the membership votes to close a 18 meeting in whole or in part. As soon as practicable, the Commission must make public 19 a copy of the vote to close the meeting revealing the vote of each member with no 20 proxy votes allowed; 21 (4) Establishing the titles, duties and authority, and reasonable 22 procedures for the election of the officers of the Commission; 23 (5) Providing reasonable standards and procedures for the 24 establishment of the personnel policies and programs of the Commission. 25 Notwithstanding any civil service or other similar laws of any member state, the 26 bylaws shall exclusively govern the personnel policies and programs of the 27 Commission; 28 (6) Promulgating a code of ethics to address permissible and prohibited 29 activities of Commission members and employees; 30 (7) Providing a mechanism for winding up the operations of the 31 Commission and the equitable disposition of any surplus funds that may exist after the
01 termination of the Compact after the payment and/or reserving of all of its debts and 02 obligations; 03 (8) The Commission shall publish its bylaws and file a copy thereof, 04 and a copy of any amendment thereto, with the appropriate agency or officer in each 05 of the member states, if any; 06 (9) The Commission shall maintain its financial records in accordance 07 with the bylaws; 08 (10) The Commission shall meet and take such actions as are 09 consistent with the provisions of this Compact and the bylaws. 10 (D) The Commission shall have the following powers: 11 (1) The authority to promulgate uniform rules to facilitate and 12 coordinate implementation and administration of this Compact. The rules shall have 13 the force and effect of law and shall be binding in all member states; 14 (2) To bring and prosecute legal proceedings or actions in the name of 15 the Commission, provided that the standing of any state EMS authority or other 16 regulatory body responsible for EMS personnel licensure to sue or be sued under 17 applicable law shall not be affected; 18 (3) To purchase and maintain insurance and bonds; 19 (4) To borrow, accept, or contract for services of personnel, including, 20 but not limited to, employees of a member state; 21 (5) To hire employees, elect or appoint officers, fix compensation, 22 define duties, grant such individuals appropriate authority to carry out the purposes of 23 the Compact, and to establish the Commission's personnel policies and programs 24 relating to conflicts of interest, qualifications of personnel, and other related personnel 25 matters; 26 (6) To accept any and all appropriate donations and grants of money, 27 equipment, supplies, materials and services, and to receive, utilize and dispose of the 28 same; provided that at all times the Commission shall strive to avoid any appearance 29 of impropriety and/or conflict of interest; 30 (7) To lease, purchase, accept appropriate gifts or donations of, or 31 otherwise to own, hold, improve or use, any property, real, personal or mixed;
01 provided that at all times the Commission shall strive to avoid any appearance of 02 impropriety; 03 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 04 otherwise dispose of any property real, personal, or mixed; 05 (9) To establish a budget and make expenditures; 06 (10) To borrow money; 07 (11) To appoint committees, including advisory committees comprised 08 of members, state regulators, state legislators or their representatives, and consumer 09 representatives, and such other interested persons as may be designated in this 10 Compact and the bylaws; 11 (12) To provide and receive information from, and to cooperate with, 12 law enforcement agencies; 13 (13) To adopt and use an official seal; and 14 (14) To perform such other functions as may be necessary or 15 appropriate to achieve the purposes of this Compact consistent with the state 16 regulation of EMS personnel licensure and practice. 17 (E) Financing of the Commission. 18 (1) The Commission shall pay, or provide for the payment of, the 19 reasonable expenses of its establishment, organization, and ongoing activities. 20 (2) The Commission may accept any and all appropriate revenue 21 sources, donations, and grants of money, equipment, supplies, materials, and services. 22 (3) The Commission may levy on and collect an annual assessment 23 from each member state or impose fees on other parties to cover the cost of the 24 operations and activities of the Commission and its staff, which must be in a total 25 amount sufficient to cover its annual budget as approved each year for which revenue 26 is not provided by other sources. The aggregate annual assessment amount shall be 27 allocated based upon a formula to be determined by the Commission, which shall 28 promulgate a rule binding upon all member states. 29 (4) The Commission shall not incur obligations of any kind prior to 30 securing the funds adequate to meet the same; nor shall the Commission pledge the 31 credit of any of the member states, except by and with the authority of the member
01 state. 02 (5) The Commission shall keep accurate accounts of all receipts and 03 disbursements. The receipts and disbursements of the Commission shall be subject to 04 the audit and accounting procedures established under its bylaws. However, all 05 receipts and disbursements of funds handled by the Commission shall be audited 06 yearly by a certified or licensed public accountant, and the report of the audit shall be 07 included in and become part of the annual report of the Commission. 08 (F) Qualified Immunity, Defense, and Indemnification. 09 (1) The members, officers, executive director, employees and 10 representatives of the Commission shall be immune from suit and liability, either 11 personally or in their official capacity, for any claim for damage to or loss of property 12 or personal injury or other civil liability caused by or arising out of any actual or 13 alleged act, error or omission that occurred, or that the person against whom the claim 14 is made had a reasonable basis for believing occurred within the scope of Commission 15 employment, duties or responsibilities; provided that nothing in this paragraph shall be 16 construed to protect any such person from suit and/or liability for any damage, loss, 17 injury, or liability caused by the intentional or willful or wanton misconduct of that 18 person. 19 (2) The Commission shall defend any member, officer, executive 20 director, employee or representative of the Commission in any civil action seeking to 21 impose liability arising out of any actual or alleged act, error, or omission that 22 occurred within the scope of Commission employment, duties, or responsibilities, or 23 that the person against whom the claim is made had a reasonable basis for believing 24 occurred within the scope of Commission employment, duties, or responsibilities; 25 provided that nothing herein shall be construed to prohibit that person from retaining 26 his or her own counsel; and provided further, that the actual or alleged act, error, or 27 omission did not result from that person's intentional or willful or wanton misconduct. 28 (3) The Commission shall indemnify and hold harmless any member, 29 officer, executive director, employee, or representative of the Commission for the 30 amount of any settlement or judgment obtained against that person arising out of any 31 actual or alleged act, error or omission that occurred within the scope of Commission
01 employment, duties, or responsibilities, or that such person had a reasonable basis for 02 believing occurred within the scope of Commission employment, duties, or 03 responsibilities, provided that the actual or alleged act, error, or omission did not result 04 from the intentional or willful or wanton misconduct of that person. 05 SECTION 11. COORDINATED DATABASE. 06 (A) The Commission shall provide for the development and maintenance of a 07 coordinated database and reporting system containing licensure, adverse action, and 08 significant investigatory information on all licensed individuals in member states. 09 (B) Notwithstanding any other provision of state law to the contrary, a 10 member state shall submit a uniform data set to the coordinated database on all 11 individuals to whom this Compact is applicable as required by the rules of the 12 Commission, including: 13 (1) Identifying information; 14 (2) Licensure data; 15 (3) Significant investigatory information; 16 (4) Adverse actions against an individual's license; 17 (5) An indicator that an individual's privilege to practice is restricted, 18 suspended or revoked; 19 (6) Non-confidential information related to alternative program 20 participation; 21 (7) Any denial of application for licensure, and the reason(s) for such 22 denial; and 23 (8) Other information that may facilitate the administration of this 24 Compact, as determined by the rules of the Commission. 25 (C) The coordinated database administrator shall promptly notify all member 26 states of any adverse action taken against, or significant investigative information on, 27 any individual in a member state. 28 (D) Member states contributing information to the coordinated database may 29 designate information that may not be shared with the public without the express 30 permission of the contributing state. 31 (E) Any information submitted to the coordinated database that is
01 subsequently required to be expunged by the laws of the member state contributing the 02 information shall be removed from the coordinated database. 03 SECTION 12. RULEMAKING. 04 (A) The Commission shall exercise its rulemaking powers pursuant to the 05 criteria set forth in this Section and the rules adopted thereunder. Rules and 06 amendments shall become binding as of the date specified in each rule or amendment. 07 (B) If a majority of the legislatures of the member states rejects a rule, by 08 enactment of a statute or resolution in the same manner used to adopt the Compact, 09 then such rule shall have no further force and effect in any member state. 10 (C) Rules or amendments to the rules shall be adopted at a regular or special 11 meeting of the Commission. 12 (D) Prior to promulgation and adoption of a final rule or rules by the 13 Commission, and at least sixty (60) days in advance of the meeting at which the rule 14 will be considered and voted upon, the Commission shall file a Notice of Proposed 15 Rulemaking: 16 (1) On the website of the Commission; and 17 (2) On the website of each member state EMS authority or the 18 publication in which each state would otherwise publish proposed rules. 19 (E) The Notice of Proposed Rulemaking shall include: 20 (1) The proposed time, date, and location of the meeting in which the 21 rule will be considered and voted upon; 22 (2) The text of the proposed rule or amendment and the reason for the 23 proposed rule; 24 (3) A request for comments on the proposed rule from any interested 25 person; and 26 (4) The manner in which interested persons may submit notice to the 27 Commission of their intention to attend the public hearing and any written comments. 28 (F) Prior to adoption of a proposed rule, the Commission shall allow persons 29 to submit written data, facts, opinions, and arguments, which shall be made available 30 to the public. 31 (G) The Commission shall grant an opportunity for a public hearing before it
01 adopts a rule or amendment if a hearing is requested by: 02 (1) At least twenty-five (25) persons; 03 (2) A governmental subdivision or agency; or 04 (3) An association having at least twenty-five (25) members. 05 (H) If a hearing is held on the proposed rule or amendment, the Commission 06 shall publish the place, time, and date of the scheduled public hearing. 07 (1) All persons wishing to be heard at the hearing shall notify the 08 executive director of the Commission or other designated member in writing of their 09 desire to appear and testify at the hearing not less than five (5) business days before 10 the scheduled date of the hearing. 11 (2) Hearings shall be conducted in a manner providing each person 12 who wishes to comment a fair and reasonable opportunity to comment orally or in 13 writing. 14 (3) No transcript of the hearing is required, unless a written request for 15 a transcript is made, in which case the person requesting the transcript shall bear the 16 cost of producing the transcript. A recording may be made in lieu of a transcript under 17 the same terms and conditions as a transcript. This subsection shall not preclude the 18 Commission from making a transcript or recording of the hearing if it so chooses. 19 (4) Nothing in this section shall be construed as requiring a separate 20 hearing on each rule. Rules may be grouped for the convenience of the Commission 21 at hearings required by this section. 22 (I) Following the scheduled hearing date, or by the close of business on the 23 scheduled hearing date if the hearing was not held, the Commission shall consider all 24 written and oral comments received. 25 (J) The Commission shall, by majority vote of all members, take final action 26 on the proposed rule and shall determine the effective date of the rule, if any, based on 27 the rulemaking record and the full text of the rule. 28 (K) If no written notice of intent to attend the public hearing by interested 29 parties is received, the Commission may proceed with promulgation of the proposed 30 rule without a public hearing. 31 (L) Upon determination that an emergency exists, the Commission may
01 consider and adopt an emergency rule without prior notice, opportunity for comment, 02 or hearing, provided that the usual rulemaking procedures provided in the Compact 03 and in this section shall be retroactively applied to the rule as soon as reasonably 04 possible, in no event later than ninety (90) days after the effective date of the rule. For 05 the purposes of this provision, an emergency rule is one that must be adopted 06 immediately in order to: 07 (1) Meet an imminent threat to public health, safety, or welfare; 08 (2) Prevent a loss of Commission or member state funds; 09 (3) Meet a deadline for the promulgation of an administrative rule that 10 is established by federal law or rule; or 11 (4) Protect public health and safety. 12 (M) The Commission or an authorized committee of the Commission may 13 direct revisions to a previously adopted rule or amendment for purposes of correcting 14 typographical errors, errors in format, errors in consistency, or grammatical errors. 15 Public notice of any revisions shall be posted on the website of the Commission. The 16 revision shall be subject to challenge by any person for a period of thirty (30) days 17 after posting. The revision may be challenged only on grounds that the revision results 18 in a material change to a rule. A challenge shall be made in writing, and delivered to 19 the chair of the Commission prior to the end of the notice period. If no challenge is 20 made, the revision will take effect without further action. If the revision is challenged, 21 the revision may not take effect without the approval of the Commission. 22 SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. 23 (A) Oversight. 24 (1) The executive, legislative, and judicial branches of state 25 government in each member state shall enforce this Compact and take all actions 26 necessary and appropriate to effectuate the Compact's purposes and intent. The 27 provisions of this Compact and the rules promulgated hereunder shall have standing as 28 statutory law. 29 (2) All courts shall take judicial notice of the Compact and the rules in 30 any judicial or administrative proceeding in a member state pertaining to the subject 31 matter of this Compact which may affect the powers, responsibilities or actions of the
01 Commission. 02 (3) The Commission shall be entitled to receive service of process in 03 any such proceeding, and shall have standing to intervene in such a proceeding for all 04 purposes. Failure to provide service of process to the Commission shall render a 05 judgment or order void as to the Commission, this Compact, or promulgated rules. 06 (B) Default, Technical Assistance, and Termination. 07 (1) If the Commission determines that a member state has defaulted in 08 the performance of its obligations or responsibilities under this Compact or the 09 promulgated rules, the Commission shall: 10 (a) Provide written notice to the defaulting state and other 11 member states of the nature of the default, the proposed means of curing the 12 default and/or any other action to be taken by the Commission; and 13 (b) Provide remedial training and specific technical assistance 14 regarding the default. 15 (2) If a state in default fails to cure the default, the defaulting state may 16 be terminated from the Compact upon an affirmative vote of a majority of the member 17 states, and all rights, privileges and benefits conferred by this Compact may be 18 terminated on the effective date of termination. A cure of the default does not relieve 19 the offending state of obligations or liabilities incurred during the period of default. 20 (3) Termination of membership in the Compact shall be imposed only 21 after all other means of securing compliance have been exhausted. Notice of intent to 22 suspend or terminate shall be given by the Commission to the governor, the majority 23 and minority leaders of the defaulting state's legislature, and each of the member 24 states. 25 (4) A state that has been terminated is responsible for all assessments, 26 obligations, and liabilities incurred through the effective date of termination, including 27 obligations that extend beyond the effective date of termination. 28 (5) The Commission shall not bear any costs related to a state that is 29 found to be in default or that has been terminated from the Compact, unless agreed 30 upon in writing between the Commission and the defaulting state. 31 (6) The defaulting state may appeal the action of the Commission by
01 petitioning the U.S. District Court for the District of Columbia or the federal district 02 where the Commission has its principal offices. The prevailing member shall be 03 awarded all costs of such litigation, including reasonable attorney's fees. 04 (C) Dispute Resolution. 05 (1) Upon request by a member state, the Commission shall attempt to 06 resolve disputes related to the Compact that arise among member states and between 07 member and non-member states. 08 (2) The Commission shall promulgate a rule providing for both 09 mediation and binding dispute resolution for disputes as appropriate. 10 (D) Enforcement. 11 (1) The Commission, in the reasonable exercise of its discretion, shall 12 enforce the provisions and rules of this Compact. 13 (2) By majority vote, the Commission may initiate legal action in the 14 United States District Court for the District of Columbia or the federal district where 15 the Commission has its principal offices against a member state in default to enforce 16 compliance with the provisions of the Compact and its promulgated rules and bylaws. 17 The relief sought may include both injunctive relief and damages. In the event judicial 18 enforcement is necessary, the prevailing member shall be awarded all costs of such 19 litigation, including reasonable attorney's fees. 20 (3) The remedies herein shall not be the exclusive remedies of the 21 Commission. The Commission may pursue any other remedies available under federal 22 or state law. 23 SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION 24 FOR EMS PERSONNEL PRACTICE AND ASSOCIATION RULES, WITHDRAWAL, 25 AND AMENDMENT. 26 (A) The Compact shall come into effect on the date on which the Compact 27 statute is enacted into law in the tenth member state. The provisions, which become 28 effective at that time, shall be limited to the powers granted to the Commission 29 relating to assembly and the promulgation of rules. Thereafter, the Commission shall 30 meet and exercise rulemaking powers necessary to the implementation and 31 administration of the Compact.
01 (B) Any state that joins the Compact subsequent to the Commission's initial 02 adoption of the rules shall be subject to the rules as they exist on the date on which the 03 Compact becomes law in that state. Any rule that has been previously adopted by the 04 Commission shall have the full force and effect of law on the day the Compact 05 becomes law in that state. 06 (C) Any member state may withdraw from this Compact by enacting a statute 07 repealing the same. 08 (1) A member state's withdrawal shall not take effect until six (6) 09 months after enactment of the repealing statute. 10 (2) Withdrawal shall not affect the continuing requirement of the 11 withdrawing state's EMS authority to comply with the investigative and adverse action 12 reporting requirements of this act prior to the effective date of withdrawal. 13 (D) Nothing contained in this Compact shall be construed to invalidate or 14 prevent any EMS personnel licensure agreement or other cooperative arrangement 15 between a member state and a non-member state that does not conflict with the 16 provisions of this Compact. 17 (E) This Compact may be amended by the member states. No amendment to 18 this Compact shall become effective and binding upon any member state until it is 19 enacted into the laws of all member states. 20 SECTION 15. CONSTRUCTION AND SEVERABILITY. 21 This Compact shall be liberally construed so as to effectuate the purposes 22 thereof. If this Compact shall be held contrary to the constitution of any state member 23 thereto, the Compact shall remain in full force and effect as to the remaining member 24 states. Nothing in this Compact supersedes state law or rules related to licensure of 25 EMS agencies. 26 * Sec. 3. This Act takes effect January 1, 2027.