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HOUSE BILL 412
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong and Harlan Vincent and Jenifer Jones
AN ACT
RELATING TO INTERGOVERNMENTAL AGREEMENTS; ENACTING THE
EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE
COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Emergency Medical Services Personnel Licensure
Interstate Compact".
SECTION 2. [NEW MATERIAL] PURPOSE.--In order to protect
the public through verification of competency and ensure
accountability for patient-care-related activities, all states
license emergency medical services personnel, such as emergency
medical technicians, advanced emergency medical technicians and
paramedics. This compact is intended to facilitate the day-to-
day movement of emergency medical services personnel across
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state boundaries in the performance of their emergency medical
services duties as assigned by an appropriate authority and
authorize state emergency medical services offices to afford
immediate legal recognition to emergency medical services
personnel licensed in a member state. This compact recognizes
that states have a vested interest in protecting the public's
health and safety through their licensing and regulation of
emergency medical services personnel and that the state
regulation shared among the member states will best protect
public health and safety. This compact is designed to:
A. increase public access to emergency medical
services personnel;
B. enhance the states' ability to protect the
public's health and safety, especially patient safety;
C. encourage the cooperation of member states in
the areas of emergency medical services personnel licensure and
regulation;
D. support the licensing of military members who
are separating from an active duty tour and their spouses;
E. facilitate the exchange of information between
member states regarding emergency medical services personnel
licensure, adverse action and significant investigatory
information;
F. promote compliance with the laws governing
emergency medical services personnel practice in each member
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state; and
G. invest all member states with the authority to
hold emergency medical services personnel accountable through
the mutual recognition of member state licenses.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the
Emergency Medical Services Personnel Interstate Licensure
Compact:
A. "advanced emergency medical technician" means an
individual licensed with cognitive knowledge and a scope of
practice that corresponds to that level in the national
emergency medical services education standards and the national
emergency medical services scope of practice model;
B. "adverse action" means any administrative,
civil, equitable or criminal action permitted by a state's laws
that may be imposed against licensed emergency medical services
personnel by a state emergency medical services authority or
state court, including actions against an individual's license,
such as revocation, suspension, probation, consent agreement,
monitoring or other limitation or encumbrance on the
individual's practice, letters of reprimand or admonition,
fines, criminal convictions and state court judgments enforcing
adverse actions by the state emergency medical services
authority;
C. "alternative program" means a voluntary,
non-disciplinary substance abuse recovery program approved by a
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state emergency medical services authority;
D. "certification" means the successful
verification of entry-level cognitive and psychomotor
competency using a reliable, validated and legally defensible
examination;
E. "commission" means the interstate commission for
emergency medical services personnel practice;
F. "compact" means the Emergency Medical Services
Personnel Licensure Interstate Compact;
G. "emergency medical technician" means an
individual licensed with cognitive knowledge and a scope of
practice that corresponds to that level in the national
emergency medical services education standards and the national
emergency medical services scope of practice model;
H. "home state" means a member state where an
individual is licensed to practice emergency medical services;
I. "license" means the authorization by a state for
an individual to practice as an emergency medical technician,
advanced emergency medical technician, paramedic or a level in
between emergency medical technician and paramedic;
J. "medical director" means a physician licensed in
a member state who is accountable for the care delivered by
emergency medical services personnel;
K. "member state" means a state that has enacted
this compact;
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L. "privilege to practice" means an individual's
authority to deliver emergency medical services in remote
states as authorized under this compact;
M. "paramedic" means an individual licensed with
cognitive knowledge and a scope of practice that corresponds to
that level in the national emergency medical services education
standards and the national emergency medical services scope of
practice model;
N. "remote state" means a member state in which an
individual is not licensed;
O. "restricted" means the outcome of an adverse
action that limits a license or the privilege to practice;
P. "rule" means a written statement by the
commission promulgated pursuant to Section 13 of this compact
that is of general applicability; implements, interprets or
prescribes a policy or provision of this compact; or is an
organizational, procedural or practice requirement of the
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;
Q. "scope of practice" means defined parameters of
various duties or services that may be provided by an
individual with specific credentials. Whether regulated by
rule, statute or court decision, "scope of practice" represents
the limits of services an individual may perform;
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R. "significant investigatory information" means
investigative information that:
(1) a state emergency medical services
authority, after a preliminary inquiry that includes
notification and an opportunity to respond if required by state
law, has reason to believe, if proved true, would result in the
imposition of an adverse action on a license or privilege to
practice; or
(2) indicates that the individual represents
an immediate threat to public health and safety, regardless of
whether the individual has been notified and had an opportunity
to respond;
S. "state" means any state, commonwealth, district
or territory of the United States; and
T. "state emergency medical services authority"
means the board, office or other agency with the legislative
mandate to license emergency medical services personnel.
SECTION 4. [NEW MATERIAL] HOME STATE LICENSURE.--
A. Any member state in which an individual holds a
current license shall be deemed a home state for purposes of
this compact.
B. Any member state may require an individual to
obtain and retain a license to be authorized to practice in the
member state under circumstances not authorized by the
privilege to practice under the terms of this compact.
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C. A home state's license authorizes an individual
to practice in a remote state under the privilege to practice
only if the home state:
(1) requires the use of the national registry
of emergency medical technicians examination as a condition of
issuing initial licenses at the emergency medical technician
and paramedic levels;
(2) has a mechanism in place for receiving and
investigating complaints about individuals;
(3) notifies the commission, in compliance
with the terms of this compact, of any adverse action or
significant investigatory information regarding an individual;
(4) no later than five years after activation
of this compact, requires a criminal background check of all
applicants for initial licensure, including the use of the
results of fingerprint or other biometric data checks compliant
with the requirements of the federal bureau of investigation
with the exception of federal employees who have suitability
determination in accordance with the Code of Federal
Regulations and submit documentation of such as promulgated in
the rules of the commission; and
(5) complies with the rules of the commission.
SECTION 5. [NEW MATERIAL] COMPACT PRIVILEGE TO
PRACTICE.--
A. Member states shall recognize the privilege to
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practice of an individual licensed in another member state that
is in conformance with Section 4 of the Emergency Medical
Services Personnel Licensure Compact.
B. To exercise the privilege to practice under the
terms and provisions of this compact, an individual shall:
(1) be at least eighteen years of age;
(2) possess a current unrestricted license in
a member state as an emergency medical technician, an advanced
emergency medical technician or a paramedic or be at a state-
recognized and -licensed level with a scope of practice and
authority between emergency medical technician and paramedic;
and
(3) practice under the supervision of a
medical director.
C. An individual providing patient care in a remote
state under the privilege to practice shall function within the
scope of practice authorized by the home state unless and until
modified by an appropriate authority in the remote state, as
may be defined in the rules of the commission.
D. Except as provided in Subsection C of this
section, an individual practicing in a remote state shall be
subject to the remote state's authority and laws. A remote
state may, in accordance with due process and that state's
laws, restrict, suspend or revoke an individual's privilege to
practice in the remote state and may take any other necessary
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actions to protect the health and safety of its residents. If
a remote state takes such action, it shall promptly notify the
home state and the commission.
E. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible
to practice in a remote state under the privilege to practice
until the individual's home state license is restored.
F. If an individual's privilege to practice in any
remote state is restricted, suspended or revoked, the
individual shall not be eligible to practice in any remote
state until the individual's privilege to practice is restored.
SECTION 6. [NEW MATERIAL] CONDITIONS OF PRACTICE IN A
REMOTE STATE.--An individual may practice in a remote state
under a privilege to practice only in the performance of the
individual's emergency medical services duties as assigned by
an appropriate authority, as defined in the rules of the
commission, and under the following circumstances:
A. the individual originates a patient transport in
a home state and transports the patient to a remote state;
B. the individual originates in the home state and
enters a remote state to pick up a patient and provide care and
transport of the patient to the home state;
C. the individual enters a remote state to provide
patient care or transport within that remote state;
D. the individual enters a remote state to pick up
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a patient and provide care and transport to a third member
state; and
E. other conditions as determined by rules
promulgated by the commission.
SECTION 7. [NEW MATERIAL] RELATIONSHIP TO EMERGENCY
MANAGEMENT ASSISTANCE COMPACT.--Upon a member state's
governor's declaration of a state of emergency or disaster that
activates the Emergency Management Assistance Compact, all
relevant terms and provisions of the Emergency Management
Assistance Compact shall apply, and to the extent any terms or
provisions of this compact conflict with the Emergency
Management Assistance Compact, the terms of the Emergency
Management Assistance Compact shall prevail with respect to any
individual practicing in the remote state in response to such
declaration.
SECTION 8. [NEW MATERIAL] VETERANS, SERVICE MEMBERS
SEPARATING FROM ACTIVE DUTY MILITARY AND THEIR SPOUSES.--
A. Member states shall consider a veteran, an
active military service member or a member of the national
guard and reserves separating from an active duty tour, and a
spouse thereof, who holds a current valid and unrestricted
national registry of emergency medical technicians
certification at or above the level of the state license being
sought as satisfying the minimum training and examination
requirements for the licensure.
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B. Member states shall expedite the processing of
licensure applications submitted by veterans, active military
service members and members of the national guard and reserves
that are separating from an active duty tour and their spouses.
C. All individuals functioning with a privilege to
practice under this section remain subject to the adverse
actions provisions of Section 9 of the Emergency Medical
Services Personnel Licensure Compact.
SECTION 9. [NEW MATERIAL] ADVERSE ACTIONS.--
A. A home state has exclusive power to impose
adverse action against an individual's license issued by the
home state.
B. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible
to practice in a remote state under the privilege to practice
until the individual's home state license is restored. The:
(1) adverse action orders issued by a home
state's emergency medical services authority shall include a
statement that the individual's compact privileges are
inactive. An order may allow the individual to practice in
remote states with prior written authorization from both the
home state and remote state's state emergency medical services
authority; and
(2) individual subject to adverse action in
the home state shall not practice in any remote state without
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prior written authorization from both the home state's and
remote state's state emergency medical services authority.
C. A member state shall report adverse actions and
any occurrences that the individual's compact privileges are
restricted, suspended or revoked to the commission in
accordance with the rules of the commission.
D. A remote state may take adverse action on an
individual's privilege to practice in that state.
E. Any member state may take adverse action against
an individual's privilege to practice in that state based on
the factual findings of another member state, so long as each
state follows its own procedures for imposing such adverse
action.
F. A home state's state emergency medical services
authority shall investigate and take appropriate action with
respect to reported conduct in a remote state as it would if
such conduct had occurred in the home state. In such cases,
the home state's law shall control in determining the
appropriate adverse action.
G. Nothing in this compact shall override a member
state's decision that participation in an alternative program
may be used in lieu of adverse action and that such
participation shall remain nonpublic if required by the member
state's laws. Member states shall require individuals who
enter any alternative programs to agree not to practice in any
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other member state during the term of the alternative program
without prior authorization from the other member state.
SECTION 10. [NEW MATERIAL] ADDITIONAL POWERS INVESTED IN
A MEMBER STATE'S STATE EMERGENCY MEDICAL SERVICES AUTHORITY.--A
member state's state emergency medical services authority, in
addition to any other powers granted under state law, is
authorized under this compact to issue:
A. subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses and the
production of evidence. Subpoenas issued by a member state's
state emergency medical services authority for the attendance
and testimony of witnesses, or the production of evidence from
another member state, shall be enforced in the remote state by
any court of competent jurisdiction, according to that court's
practice and procedure in considering subpoenas issued in its
own proceedings. The issuing state emergency medical services
authority shall pay any witness fees, travel expenses, mileage
and other fees required by the service statutes of the state
where the witnesses or evidence are located; and
B. cease-and-desist orders to restrict, suspend or
revoke an individual's privilege to practice in the state.
SECTION 11. [NEW MATERIAL] ESTABLISHMENT OF THE
INTERSTATE COMMISSION FOR EMERGENCY MEDICAL SERVICES PERSONNEL
PRACTICE.--
A. The member states hereby create and establish a
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joint public agency known as the "interstate commission for
emergency medical services personnel practice". The commission
is a body politic and an instrumentality of the member states.
Venue is proper, and judicial proceedings by or against the
commission shall be brought solely and exclusively in a court
of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
Nothing in this compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, voting and meetings of the
commission shall proceed as follows:
(1) each member state shall have and be
limited to one delegate. The responsible official of the state
emergency medical services authority or the official's designee
shall be the delegate to this compact for each member state.
Any delegate may be removed or suspended from office as
provided by the law of the state from which the delegate is
appointed. Any vacancy occurring in the commission shall be
filled in accordance with the laws of the member state in which
the vacancy exists. In the event that more than one board,
office or other agency with the legislative mandate to license
emergency medical services personnel at and above the level of
emergency medical technician exists, the governor of the state
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shall determine which entity shall be responsible for assigning
the delegate;
(2) each delegate shall be entitled to one
vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission. A delegate
shall vote in person or by other means as provided in the
bylaws. The bylaws may provide for delegates' participation in
meetings by telephone or other means of communication;
(3) the commission shall meet at least once
each calendar year. Additional meetings shall be held as set
forth in the bylaws;
(4) all meetings shall be open to the public,
and public notice of meetings shall be given in the same manner
as required under the rulemaking provisions in Section 13 of
the Emergency Medical Services Personnel Licensure Interstate
Compact;
(5) the commission may convene in a closed,
nonpublic meeting if the commission is discussing:
(a) noncompliance of a member state with
its obligations under this compact;
(b) the employment, compensation,
discipline or other personnel matters, practices or procedures
related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
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(c) current, threatened or reasonably
anticipated litigation;
(d) negotiation of contracts for the
purchase or sale of goods, services or real estate;
(e) accusing any person of a crime or
formally censuring any person;
(f) disclosure of trade secrets or
commercial or financial information that is privileged or
confidential;
(g) disclosure of information of a
personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(h) disclosure of investigatory records
compiled for law enforcement purposes;
(i) disclosure of information related to
any investigatory reports prepared by or on behalf of or for
use of the commission or other committee charged with
responsibility of investigation or determination of compliance
issues pursuant to this compact; or
(j) matters specifically exempted from
disclosure by federal or member state statute; and
(6) if a meeting, or portion of a meeting, is
closed pursuant to this provision, the commission's legal
counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
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The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed. All
documents considered in connection with an action shall be
identified in the minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a
majority vote of the commission or order of a court of
competent jurisdiction.
C. The commission shall, by a majority vote of the
delegates, prescribe bylaws or rules to govern the commission's
conduct as may be necessary or appropriate to carry out the
purposes and exercise the powers of this compact, including:
(1) establishing the fiscal year of the
commission;
(2) providing reasonable standards and
procedures:
(a) for the establishment and meetings
of other committees; and
(b) governing any general or specific
delegation of any authority or function of the commission;
(3) providing reasonable procedures for
calling and conducting meetings of the commission, ensuring
reasonable advance notice of all meetings and providing an
opportunity for attendance of meetings by interested parties,
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with enumerated exceptions designed to protect the public's
interest, the privacy of individuals and proprietary
information, including trade secrets. The commission may meet
in closed session only after a majority of the membership votes
to close a meeting in whole or in part. As soon as
practicable, the commission shall make public a copy of the
vote to close the meeting, revealing the vote of each member
with no proxy votes allowed;
(4) establishing the titles, duties, authority
and reasonable procedures for the election of the officers of
the commission;
(5) providing reasonable standards and
procedures for the establishment of the personnel policies and
programs of the commission. Notwithstanding any civil service
or other similar laws of any member state, the bylaws shall
exclusively govern the personnel policies and programs of the
commission;
(6) promulgating a code of ethics to address
permissible and prohibited activities of commission members and
employees;
(7) providing a mechanism for winding up the
operations of the commission and the equitable disposition of
any surplus funds that may exist after the termination of this
compact after the payment or reserving of all of the
commission's debts and obligations; and
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(8) publishing the commission's bylaws and
filing a copy thereof, and a copy of any amendment to the
bylaws, with the appropriate agency or officer in each of the
member states, if any.
D. The commission shall:
(1) maintain the commission's financial
records in accordance with the bylaws; and
(2) meet and take actions that are consistent
with the provisions of this compact and the bylaws.
E. The commission has the following powers:
(1) the authority to promulgate uniform rules
to facilitate and coordinate implementation and administration
of this compact. The rules shall have the force and effect of
law and shall be binding in all member states;
(2) to bring and prosecute legal proceedings
or actions in the name of the commission; provided that the
standing of any state emergency medical services authority or
other regulatory body responsible for emergency medical
services personnel licensure to sue or be sued under applicable
law shall not be affected;
(3) to purchase and maintain insurance and
bonds;
(4) to borrow, accept or contract for services
of personnel, including employees of a member state;
(5) to hire employees, elect or appoint
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officers, fix compensation, define duties, grant individuals
appropriate authority to carry out the purposes of this compact
and establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel
and other related personnel matters;
(6) to accept any and all appropriate
donations and grants of money, equipment, supplies, materials
and services and to receive, use and dispose of the same;
provided that at all times, the commission shall strive to
avoid any appearance of impropriety or conflict of interest;
(7) to lease, purchase, accept appropriate
gifts or donations of, or otherwise to own, hold, improve or
use, any property, real, personal or mixed; provided that at
all times, the commission shall strive to avoid any appearance
of impropriety;
(8) to sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property real,
personal or mixed;
(9) to establish a budget and make
expenditures;
(10) to borrow money;
(11) to appoint committees, including advisory
committees composed of members, state regulators, state
legislators or their representatives, consumer representatives
and other interested persons as may be designated in this
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compact and the bylaws;
(12) to provide and receive information from,
and to cooperate with, law enforcement agencies;
(13) to adopt and use an official seal; and
(14) to perform other functions as may be
necessary or appropriate to achieve the purposes of this
compact consistent with the state regulation of emergency
medical services personnel licensure and practice.
F. The commission shall be financed as follows:
(1) the commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment,
organization and ongoing activities;
(2) the commission may accept any and all
appropriate revenue sources, donations and grants of money,
equipment, supplies, materials and services;
(3) the commission may levy on and collect an
annual assessment from each member state or impose fees on
other parties to cover the cost of the operations and
activities of the commission and the commission's staff, which
shall be in a total amount sufficient to cover the commission's
annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined
by the commission, which shall promulgate a rule binding upon
all member states;
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(4) the commission shall not incur obligations
of any kind prior to securing the funds adequate to meet the
same; nor shall the commission pledge the credit of any of the
member states, except by and with the authority of the member
state; and
(5) the commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit
and accounting procedures established under the commission's
bylaws. All receipts and disbursements of funds handled by the
commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be
included in and become part of the annual report of the
commission.
G. With respect to qualified immunity, defense and
indemnification:
(1) the members, officers, executive director,
employees and representatives of the commission shall be immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided
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that nothing in this paragraph shall be construed to protect
any such person from suit or liability for any damage, loss,
injury or liability caused by the intentional or willful or
wanton misconduct of that person;
(2) the commission shall defend any member,
officer, executive director, employee or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission
that occurred within the scope of commission employment, duties
or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within
the scope of commission employment, duties or responsibilities;
provided that nothing herein shall be construed to prohibit
that person from retaining that person's own counsel; and
provided further that the actual or alleged act, error or
omission did not result from that person's intentional or
willful or wanton misconduct; and
(3) the commission shall indemnify and hold
harmless any member, officer, executive director, employee or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising out
of any actual or alleged act, error or omission that occurred
within the scope of commission employment, duties or
responsibilities, or that the person had a reasonable basis for
believing occurred within the scope of commission employment,
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duties or responsibilities; provided that the actual or alleged
act, error or omission did not result from the intentional or
willful or wanton misconduct of that person.
SECTION 12. [NEW MATERIAL] COORDINATED DATABASE.--
A. The commission shall provide for the development
and maintenance of a coordinated database and reporting system
containing licensure, adverse action and significant
investigatory information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law
to the contrary, a member state shall submit a uniform data set
to the coordinated database on all individuals to whom this
compact is applicable as required by the rules of the
commission, including:
(1) identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against an individual's
license;
(5) an indicator that an individual's
privilege to practice is restricted, suspended or revoked;
(6) nonconfidential information related to
alternative program participation;
(7) any denial of application for licensure
and the reason for the denial; and
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(8) other information that may facilitate the
administration of this compact, as determined by the rules of
the commission.
C. The coordinated database administrator shall
promptly notify all member states of any adverse action taken
against, or significant investigative information on, any
individual in a member state.
D. Member states contributing information to the
coordinated database may designate information that may not be
shared with the public without the express permission of the
contributing state.
E. Any information submitted to the coordinated
database that is subsequently required to be expunged by the
laws of the member state contributing the information shall be
removed from the coordinated database.
SECTION 13. [NEW MATERIAL] RULEMAKING.--
A. The commission shall exercise the commission's
rulemaking powers pursuant to the criteria set forth in this
section and the rules adopted pursuant to this section. Rules
and amendments shall become binding as of the date specified in
each rule or amendment.
B. If a majority of the legislatures of the member
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt this compact, then such rule
shall have no further force and effect in any member state.
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C. Rules or amendments to the rules shall be
adopted at a regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final
rule or rules by the commission, and at least sixty days in
advance of the meeting at which the rule will be considered and
voted upon, the commission shall file a notice of proposed
rulemaking on the website of:
(1) the commission; and
(2) each member state's state emergency
medical services authority or the publication in which each
state would otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
(1) the proposed time, date and location of
the meeting in which the rule will be considered and voted
upon;
(2) the text of the proposed rule or amendment
and the reason for the proposed rule;
(3) a request for comments on the proposed
rule from any interested person; and
(4) the manner in which interested persons may
submit notice to the commission of their intention to attend
the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the
commission shall allow persons to submit written data, facts,
opinions and arguments, which shall be made available to the
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public.
G. The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment if a
hearing is requested by:
(1) at least twenty-five persons;
(2) a governmental subdivision or agency; or
(3) an association having at least twenty-five
members.
H. If a hearing is held on the proposed rule or
amendment, the commission shall publish the place, time and
date of the scheduled public hearing. With respect to
hearings:
(1) all persons wishing to be heard at the
hearing shall notify the executive director of the commission
or other designated member in writing of the person's desire to
appear and testify at the hearing no less than five business
days before the scheduled date of the hearing;
(2) hearings shall be conducted in a manner
providing each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing;
(3) no transcript of the hearing is required,
unless a written request for a transcript is made, in which
case the person requesting the transcript shall bear the cost
of producing the transcript. A recording may be made in lieu
of a transcript under the same terms and conditions as a
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transcript. This paragraph shall not preclude the commission
from making a transcript or recording of the hearing if the
commission so chooses; and
(4) nothing in this section shall be construed
as requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings
required by this section.
I. Following the scheduled hearing date, or by the
close of business on the scheduled hearing date if the hearing
was not held, the commission shall consider all written and
oral comments received.
J. The commission shall, by majority vote of all
members, take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
K. If no written notice of intent to attend the
public hearing by interested parties is received, the
commission may proceed with promulgation of the proposed rule
without a public hearing.
L. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing; provided that
the usual rulemaking procedures provided in this compact and in
this section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety days
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after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or member
state funds;
(3) meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule;
or
(4) protect public health and safety.
M. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the website
of the commission. The revision shall be subject to challenge
by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing and delivered to the chair of the commission
prior to the end of the notice period. If no challenge is
made, the revision shall take effect without further action.
If the revision is challenged, the revision shall not take
effect without the approval of the commission.
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SECTION 14. [NEW MATERIAL] OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT.--
A. The executive, legislative and judicial branches
of state government in each member state shall enforce this
compact and take all actions necessary and appropriate to
effectuate this compact's purposes and intent. The provisions
of this compact and the rules promulgated pursuant to this
compact shall have standing as statutory law.
B. All courts shall take judicial notice of this
compact and the 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 commission.
C. The commission is entitled to receive service of
process in any proceeding and has standing to intervene in such
a proceeding for all purposes. Failure to provide service of
process to the commission shall render a judgment or order void
as to the commission, this compact or promulgated rules.
D. If the commission determines that a member state
has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules,
the commission shall provide:
(1) written notice to the defaulting state and
other member states of the nature of the default, the proposed
means of curing the default or any other action to be taken by
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the commission; and
(2) remedial training and specific technical
assistance regarding the default.
E. If a state in default fails to cure the default,
the defaulting state may be terminated from this compact upon
an affirmative vote of a majority of the member states, and all
rights, privileges and benefits conferred by this compact may
be terminated on the effective date of termination. A cure of
the default does not relieve the offending state of obligations
or liabilities incurred during the period of default.
F. Termination of membership in this compact shall
be imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the defaulting state's
governor, the majority and minority leaders of the defaulting
state's legislature and each of the member states.
G. A state that has been terminated is responsible
for all assessments, obligations and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of
termination.
H. The commission shall not bear any costs related
to a state that is found to be in default or that has been
terminated from this compact, unless agreed upon in writing
between the commission and the defaulting state.
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I. The defaulting state may appeal the action of
the commission by petitioning the United States district court
for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member
shall be awarded all costs of the litigation, including
reasonable attorney fees.
J. Upon request by a member state, the commission
shall attempt to resolve disputes related to this compact that
arise among member states and between member and nonmember
states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
K. With respect to enforcement of this compact:
(1) the commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of
this compact;
(2) by majority vote, the commission may
initiate legal action in the United States district court for
the District of Columbia or the federal district where the
commission has its principal offices against a member state in
default to enforce compliance with the provisions of this
compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the
event that judicial enforcement is necessary, the prevailing
party shall be awarded all costs of the litigation, including
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reasonable attorney fees; and
(3) the remedies provided in this compact
shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under
federal or state law.
SECTION 15. [NEW MATERIAL] DATE OF IMPLEMENTATION OF THE
INTERSTATE COMMISSION FOR EMERGENCY MEDICAL SERVICES PERSONNEL
PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT.--
A. This compact shall come into effect on the date
on which this compact statute is enacted into law in the tenth
member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission
relating to assembly and the promulgation of rules.
Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of
this compact.
B. Any state that joins this compact subsequent to
the commission's initial adoption of the rules shall be subject
to the rules as they exist on the date on which this compact
becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect
of law on the day this compact becomes law in that state.
C. Any member state may withdraw from this compact
by enacting a statute repealing the same. Withdrawal:
(1) by a member state shall not take effect
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until six months after enactment of the repealing statute; and
(2) shall not affect the continuing
requirement of the withdrawing state's state emergency medical
services authority to comply with the investigative and adverse
action reporting requirements of this compact prior to the
effective date of withdrawal.
D. Nothing contained in this compact shall be
construed to invalidate or prevent any emergency medical
services personnel licensure agreement or other cooperative
arrangement between a member state and a nonmember state that
does not conflict with the provisions of this compact.
E. This compact may be amended by the member
states. No amendment to this compact shall become effective
and binding upon any member state until the amendment is
enacted into the laws of all member states.
SECTION 16. [NEW MATERIAL] CONSTRUCTION AND
SEVERABILITY.--This compact shall be liberally construed so as
to effectuate the purposes of this compact. If this compact
shall be held contrary to the constitution of any member state
thereto, this compact shall remain in full force and effect as
to the remaining member states. Nothing in this compact
supersedes state law or rules related to licensure of emergency
medical services agencies.
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