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ENGROSSED HOUSE
BILL NO. 2422 By: Alonso-Sandoval, Pae, and
Dollens of the House
and
Coleman of the Senate
[ public health and safety - Recognition of EMS
Personnel Licensure Interstate Compact - state
participation in the Co mpact - requirements for
licensee to participate in Compact - Interstate
Commission for EMS Personnel Practice - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2550 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Recognition of EMS Personnel Licensure Interstate Compact
ARTICLE I
Purpose
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A. To protect the public through verification of compete ncy and
ensure accountability for patient care-related activities all state-
licensed emergency medical services (EMS) personnel, such as
emergency medical technicians (EMTs), advanced EMTs , and paramedics.
This Compact is intended to facilitate the day -to-day movement of
EMS personnel across state boundaries in the performance of their
EMS duties as assigned by an appropriate authority and authorize
state EMS offices to afford immediate legal recognition to EMS
personnel licensed in a member state. This Compact recognizes that
states have a vested interest in protec ting the public's health and
safety through their licensing and regulation of EMS personnel and
that such state regulation shared among the member states will best
protect public health and safety. This Compact is designed to
achieve the following purpose s and objectives:
1. Increase public access to EMS personnel;
2. Enhance the states' ability to protect the public 's health
and safety, especially patient safety;
3. Encourage the cooper ation of member states in the areas of
EMS personnel licensure and regulation;
4. Support licensing of military members who are separating
from an active duty tour and their spouses;
5. Facilitate the exchange of information between member states
regarding EMS personnel licensure, adverse action, and significant
investigatory information;
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6. Promote compliance with the laws governing EMS personnel
practice in each member state; and
7. Invest all member states with the authority to hold EMS
personnel accountable through the mutual recognition of member state
licenses.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2551 of Title 63, unless there
is created a duplication in numbering, r eads as follows:
ARTICLE II
Definitions
As used in this Compact:
1. "Advanced emergency medical technician (AEMT)" means an
individual licensed with cognitive knowledge and a scope of practice
that corresponds to that leve l in the National EMS Education
Standards and National EMS Scope of Practice Model;
2. "Adverse action" means any administrative, civil, equitable ,
or criminal action permitted by a state 's laws which may be imposed
against licensed EMS personnel by a state EMS authority or state
court, including, but not limited to, actions against an
individual's license such as revoca tion, 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 E MS authority;
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3. "Alternative program" means a voluntary, nondisciplinary
substance abuse recovery program approved by a state EMS authority;
4. "Certification" means the successful verification of entry-
level cognitive and psychomotor competency using a reliable,
validated, and legally defensible e xamination;
5. "Commission" means the national administ rative body of which
all states that have enacted the Compact are members;
6. "Emergency medical technician (EMT)" means an individual
licensed with cognitive knowledge and a scope of practice that
corresponds to that level in the National EMS Education Standards
and National EMS Scope of Pract ice Model;
7. "Home state" means a member state where an individual is
licensed to practice emergency medical ser vices;
8. "License" means the authorization by a state for an
individual to practice as an EMT, AEMT, paramedic, or a level in
between EMT and paramedic;
9. "Medical director" means a physician licensed in a member
state who is accountable for the care d elivered by EMS personnel ;
10. "Member state" means a state that has enacted this Compact;
11. "Privilege to practice" means an individual's authority to
deliver emergency medical services in remote states as authorized
under this Compact;
12. "Paramedic" means an individual licensed with cognitive
knowledge and a scope of practice that corresponds to that level in
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the National EMS Education Standards and National EMS Scope of
Practice Model;
13. "Remote state" means a member state in which an individua l
is not licensed;
14. "Restricted" means the outcome of an adverse action that
limits a license or the privilege to practice ;
15. "Rule" means a written statement by the Interstate
Commission promulgated pursuant to Section 12 of this Compact that
is of general applicability; implements, interprets, o r prescribes a
policy or provision of the Compact; or is an organizational,
procedural, or practice requirement of th e Commission and has the
force and effect of statutory law in a member state and includes the
amendment, repeal, or suspension of an existi ng rule;
16. "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, it tends to represent the limits of services an ind ividual
may perform;
17. "Significant investigatory information" means:
a. investigative information that a state EMS 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
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result in the imposition of an adverse acti on on a
license or privilege to prac tice, or
b. investigative information that indicates that the
individual represents an immedi ate threat to public
health and safety regardless of whether the individual
has been notified and had an opportunity to respon d;
18. "State" means any state, commonwealth, district, or
territory of the United States; and
19. "State EMS authority" means the board, office, or other
agency with the legislative mandate t o license EMS personnel.
SECTION 3. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 1-2552 of Title 63, unless there
is created a duplication in numberi ng, reads as follows:
ARTICLE III
Home State Licensure
A. Any member state in which an individual hol ds a current
license shall be deemed a home state for p urposes 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 privil ege to practice
under the terms of this Compact.
C. A home state's license authorizes an individual to practice
in a remote state under the privilege to p ractice only if the home
state:
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1. Currently requires the use of the National Registry of
Emergency Medical Technicians (NREMT) examination as a condition o f
issuing initial licenses at the EMT 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
herein, of any adverse action or significant investigatory
information regarding an individual;
4. No later than five (5) years after activation of the
Compact, requires a criminal background chec k of all applicants for
initial licensure, includ ing the use of the results of fingerprint
or other biometric data checks compliant with the re quirements of
the Federal Bureau of Investigation with the exc eption of federal
employees who have suitability de termination in accordance with CFR
Section 731.202 and submit documentation of such as promulgated in
the rules of the Commission ; and
5. Complies with the rules of the Commission.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 1-2553 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE IV
Compact Privilege to Practice
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A. Member states shall recognize the privilege to practice of
an individual licensed in another member state that is in
conformance with Section 3 of this Compact.
B. To exercise the privilege to practice under the terms and
provisions of this Compact, an individual must:
1. Be at least eighteen (18) years of age;
2. Possess a current unrestricted license in a member state as
an EMT, AEMT, paramedic, or state-recognized-and-licensed level with
a scope of practice and authority between EMT a nd 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 Section 4 of this
Compact, an individual practicing in a remote state will b e 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 oth er necessary actions to protect the
health and safety of its citizens. If a remote state takes action,
it shall promptly notify the home state and the Commission.
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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 sta te
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 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2554 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE V
Conditions of Practice in a Remote State
An individual may practice in a remote state unde r a privilege
to practice only in the performance of the individual's EMS duties
as assigned by an appropriate authority, as defined in the rules of
the Commission, and under the following circumstances:
1. The individual originates a patient transport in a home
state and transports the patient to a remote state;
2. The individual originates in the home state and enters a
remote state to pick up a patient and pr ovide care and transport of
the patient to the home state;
3. The individual enters a remote state to provide patient care
and/or transport within that remote state;
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4. The individual enters a remote state to pick up a patient
and provide care and transport to a third member state;
5. Other conditions as determine d by rules promulgated by the
Commission.
SECTION 6. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 1-2555 of Title 63, unless there
is created a duplica tion in numbering, reads as follows:
ARTICLE VI
Relationship to Emergency Management Assistance Co mpact
Upon a member state's governor's declaration of a state of
emergency or disaster that activates the Emergency Management
Assistance Compact (EMAC), all relevant terms and provisions of EMAC
shall apply, and to the extent any terms or provisions of this
Compact conflicts with EMAC, the terms of EMAC shall prevail with
respect to any individual practicing in the re mote state in response
to such declaration.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2556 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE VII
Veterans, Service Members Separating From Active Duty Military, and
Their Spouses
A. Member states shall consider a veteran, active military
service member, and memb er of the National Guard and Reserves
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separating from an active duty tour, and a spouse thereof , who holds
a current valid and unrestr icted NREMT certification at or above the
level of the state license being sought as satisfying the minimum
training and examination requirements for such licensure.
B. Member states shall expedite the processing of licensure
applications submitted by vet erans, active military service members,
and members of the National Guard and Reserves 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 Article VIII of this Compact.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2557 of Title 63, unless there
is created a duplication in nu mbering, reads as follows:
ARTICLE VIII
Adverse Actions
A. A home state shall have exclusive power to impose adverse
action against an individual's license issued by the home stat e.
B. If an individual's license in any home state is restricted
or suspended, the in dividual shall not be eligible to practice in a
remote state under the privilege to practice until the indi vidual's
home state license is restored.
1. All home state adverse action orders shall include a
statement that the individual's compact privileges are inactive.
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The order may allow the individual to practice in remote states with
prior written authoriza tion from both the home state and remote
state's EMS authority.
2. An individual currently subject to adverse action in the
home state shall not practice in any remote state without prior
written authorization from both the home state and remote state's
EMS 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 w ith the rules
of the Commission.
D. A remote state may take a dverse action on an individual 's
privilege to practice within that stat e.
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 EMS authority shall investigate and take
appropriate action with respect to reported conduct in a remote
state as it would if such conduct had occurred within 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 overr ide a member state's
decision that participation in an alt ernative program may be used in
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lieu of adverse action and tha t such participation shall remain
nonpublic if required by the member state's laws. Member states
must require individuals who enter any alternative programs to agree
not to practice in any oth er member state during the term of the
alternative program wit hout prior authorization from such other
member state.
SECTION 9. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1-2558 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE IX
Additional Powers Invested in a Member State 's EMS Authority
A member state's EMS authority, in addition to any other powers
granted under state law, is authorized under this Compact to:
1. Issue subpoenas for both hearings and investigations that
require the attendance and testimony of witnesses and the production
of evidence. Subpoenas issued by a member stat e's EMS authority for
the attendance and testimony of witnesses, and /or the production of
evidence from another member state, shall be enforced in t he remote
state by any court of competent jurisdiction, according to th at
court's practice and procedure in considering subpoenas issued in
its own proceedings. The issuing state EMS authority shall pay any
witness fees, travel expenses, mileage, and othe r fees required by
the service statutes of the state where the witnesses and/or
evidence are located; and
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2. Issue cease and desist orders to restrict, suspend, or
revoke an individual's privilege to practice in the state.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2559 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE X
Establishment of the Inter state Commission for EMS Personnel
Practice
A. The Compact states hereby create and establish a joint
public agency known as the In terstate Commission for EMS Personnel
Practice.
1. The Commission is a body politic and an instrumentality of
the Compact states.
2. Venue is proper and judicial proceedings by or agai nst the
Commission shall be brought solely and exclusively in a court of
competent jurisdiction where the principal office of the Commiss ion
is located. The Commission may waive venue and juris dictional
defenses to the extent it adopts or consents to part icipate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, Voting, and Meeting s
1. Each member state shall have and be limited to one
delegate. The responsible official of the state EMS authority or
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his or her 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 oth er
agency with the legislative mandate to license EMS personnel at and
above the level of EMT exists, the governor of the state will
determine which entity will 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 ot herwise
have an opportunity to participate in the business and affair s of
the Commission. A delegate shall vote in person or b y such other
means as provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or ot her means of
communication.
3. The Commission shall meet at least o nce during each calendar
year. Additional meetings shall b e held as set forth in the bylaws.
4. All meetings shall be open t o the public, and public notice
of meetings shall be given in the same manner as required under the
rulemaking provisions in Article XII of this Compact.
5. The Commission may conven e in a closed, nonpublic meeting if
the Commission must discuss:
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a. noncompliance of a member state with its obligations
under the 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,
c. current, threatened, or reason ably 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 unwarran ted
invasion of personal privacy ,
h. disclosure of investigatory records compiled for law
enforcement purposes,
i. disclosure of information related to any i nvestigatory
reports prepared by or on behalf of or for use of the
Commission or other committee char ged with
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responsibility of investigation or determinat ion of
compliance issues pursuant to the Compact, or
j. matters specifically exempted from disclosu re by
federal or member state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to
subsection 5 of Article X of this Compact, the Commission's legal
counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision in subsection 5.
The Commission shall keep minutes tha t fully and clearly describe
all matters discussed in a meeting and shall provide a full and
accurate summary of actions taken, a nd the reasons therefor e,
including a description of the views expressed. All documents
considered in connection with an actio n shall be identified in such
minutes. All minutes and documents o f a closed meeting shall remain
under seal, subject to release b y a majority vote of the Commission
or order of a court of competent jurisdiction.
C. The Commission shall, by a majority vo te of the delegates,
prescribe bylaws and/or rules to govern its co nduct as may be
necessary or appropriate to carry out the purpos es and exercise the
powers of the Compact, including, but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
a. for the establishment and meetings of other
committees, and
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b. governing any general or specific delegation of any
authority or function of the Commission;
3. Providing reasonable procedures for calling an d conducting
meetings of the Commission, ensuring reasonable adv ance notice of
all meetings, and providing an opportunity for attendance of such
meetings by interested parties, with enum erated exceptions designed
to protect the public 's interest, the priva cy 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 who le or in part. As soon as
practicable, the Commission must make publ ic 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, and authority and
reasonable procedures for the e lection of the officers of the
Commission;
5. Providing reasonable standards and procedures for the
establishment of the person nel 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 prog rams of the Commission;
6. Promulgating a code of ethics to addre ss permissible and
prohibited activities of Commission members and employees;
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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 the Compact after the payment
and/or reserving of all of its debts and obligations;
8. The Commission shall publish its bylaws and file a copy
thereof, and a copy of any amendment thereto, with the ap propriate
agency or officer in each of the member states, if any ;
9. The Commission shall maintain its financial records in
accordance with the bylaws; and
10. The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to fac ilitate and
coordinate implementation and administration of this Compact. The
rules shall have the fo rce and effect of law an d shall be binding in
all member states;
2. To bring and prosecute legal proceedings or actions in the
name of the Commission, prov ided that the standing of any state EMS
authority or other regulatory body responsible for EMS 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, but not limited to, employees of a member state;
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5. To hire employees, elect or appoint officers, fix
compensation, define duties, grant such indi viduals appropriate
authority to carry out the purposes of the Compact, and to establish
the Commission's personnel policies and programs relating to
conflicts of interest, qualific ations of personnel, and other
related personnel matters;
6. To accept any and all appropriate donations and grants of
money, equipment, su pplies, materials, and services, and to receive,
utilize, and dispose of the same; provided that at all times the
Commission shall strive to avoid any appearance of impropriety
and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts o r donations
of, or otherwise to own, hold, improve , or use, any property, real,
personal, or mixed; provided that at all ti mes the Commission shall
strive to avoid any appearance of impropri ety;
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 commit tees,
comprised of members, state regulators, state legislators or their
representatives, and consumer represent atives, and such other
interested persons as may be designated in this Compact and the
bylaws;
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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 such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with
the state regulation of EMS personnel licensure and practice.
E. Financing of the Commission
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 a ll appropriate revenue
sources, donations, and grants of money, equipment, supplie s,
materials, and services.
3. The Commission may levy on and collect an annual assessment
from each member state or imp ose fees on other parties to cover the
cost of the operations and activities of the Commission and its
staff, which must be in a total amount sufficient to cover its
annual budget as approved each year for wh ich revenue is not
provided by other sources. T he aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
Commission, which shall promulgat e a rule binding upon all member
states.
4. The Commission shall not incur o bligations of any kind prior
to securing the funds adequate to meet the same , nor shall the
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Commission pledge the credit of any of the member states, except by
and with the authority of the member state.
5. The Commission shall keep accurate accounts of all r eceipts
and disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
under its bylaws. However, al l receipts and disbursements of funds
handled by the Commission shall b e 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.
F. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and
representatives of th e Commission shall be immune from suit and
liability, either personal ly or in their official capacity, for any
claim for damage to or los s of property or personal injury or other
civil liability caused by or arising out of a ny 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 that nothing in this paragraph shall be
construed to protect any such person from suit and/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 m ember, officer, executive
director, employee, or representative of the Commission in any civil
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action seeking to impos e liability arising out of any actual or
alleged act, error, or omission that occurred within the scope o f
Commission employment, duties , or responsibilities, or that the
person against whom the claim is made had a reasonable basis for
believing occurred w ithin the scope of Commission employment,
duties, or responsibilities; provided that nothing in this paragraph
shall be construed to prohibit that person from retaining his or her
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.
3. The Commission shall i ndemnify and hold harmless any m ember,
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 ac tual or alleged act, error,
or omission that occurred within the scope of Commission employment,
duties, or responsibilities, or that such person had a reasonable
basis for believing occurred w ithin the scope of Commission
employment, 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 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2560 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE XI
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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 shal l 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 Commissio n, 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 t o alternative program
participation;
7. Any denial of applicat ion for licensure, and the reason(s)
for such denial; and
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
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significant investigative information on, any individual in a member
state.
D. Member states contrib uting 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 require d to be expunged by the laws of the member
state contributing the information shall be removed from the
coordinated database.
SECTION 12. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1-2561 of Title 63, unless there
is created a duplication in numbe ring, reads as follows:
ARTICLE XII
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant
to the criteria set fo rth in this section and the rules adopted
thereunder. 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
reject a rule, by enactment of a statute or reso lution in the same
manner used to adopt the Compact, then su ch rule shall have no
further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
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D. Prior to promulgation and adoption of a f inal rule or rules
by the Commission, and at least sixty (60) 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:
1. On the website of the Com mission; and
2. On the website of each member state's EMS authority or the
publication in which each state would otherwise publish proposed
rules.
E. The Notice of Proposed Rulemakin g shall include:
1. The proposed time, date, and location of the meetin g in
which the rule or amendment will be considered and voted upon;
2. The text of the proposed rule or amendment and the reason
for the proposed rule or amendment;
3. A request for comments on the proposed rule or amendment
from any interested person; a nd
4. The manner in which interested persons may submit notice to
the Commission of the ir intention to attend the public hearing and
any written comments.
F. Prior to adoption of a proposed r ule or amendment, the
Commission shall allow persons to submit written data, facts,
opinions, and arguments, which sha ll be made available to the
public.
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G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendmen t 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 pub lish the place, time, and date of the scheduled
public hearing.
1. All persons wishing to be heard at the hear ing shall notify
the executive director of the Commission or other designa ted member
in writing of their desire to appear and testify at the he aring not
less than five (5) business days before the scheduled date o f the
hearing.
2. Hearings shall be conduc ted in a manner providing each
person who wishes to comment a fair and reasona ble 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 transcript. This paragraph shall
not preclude the Commission from making a transcri pt or recording of
the hearing if it so chooses.
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4. Nothing in this section shall be construed as requiring a
separate hearing on each rule or amendment. Rules or amendments 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 vot e of all members, take
final action on the proposed rule or amendment and shall determine
the effective date of the rule, if any, based on the rulema king
record and the full text of the rule.
K. If no written notice of intent to a ttend the public hearing
by interested parties is received, the Commission may proceed with
promulgation of the proposed rule or amendment without a public
hearing.
L. Upon determination that a n emergency exists, the Commission
may consider and adopt an em ergency rule without prior notice,
opportunity for commen t, or hearing, provided that the usual
rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the rule as soon as reasonably
possible, in no event later t han ninety (90) days after the
effective date of the rule . For the purposes of this subsection, an
emergency rule is one that must be adopted immediately in ord er to:
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1. Meet an imminent thre at 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 adop ted 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 challe nge by any person for a period of
thirty (30) days after posting. The revision may be challenged only
on grounds that the re vision results in a material cha nge to a rule
or amendment. A challenge shall be made in writi ng and delivered to
the chair of the Commission p rior to the end of the notice perio d.
If no challenge is made, the revision will take effect without
further action. If the revision is challe nged, the revision may not
take effect without the approval of the Commission.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2562 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE XIII
Oversight, Dispute Resolutions, and Enforcement
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A. Oversight
1. The executive, legislat ive, and judicial branches of state
government in each member state shall enforce this Compact and take
all necessary and appropriate actions to effectuate the Compact's
purposes and intent. The provisions of this Compact and the rules
promulgated hereunde r shall have standing as statutory law.
2. All courts shall take judicial noti ce of the compact and the
rules in any judicial or administra tive proceeding in a member state
pertaining to the subject matter of this compact which may affect
the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitle d to receive service of
process in any such proceeding, and s hall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commissi on shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistanc e, and Termination
1. 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, th e Commission shall:
a. provide written notice to the defaulting s tate and
other member states of the nature of the default, the
proposed means of curing the default, and/or any other
action to be taken by the Commission , and
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b. provide remedial trai ning and specific technical
assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of a majori ty 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.
3. Termination of membe rship in the 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 governor, the majority and minority leaders
of the defaulting sta te's legislature, and each of the member
states.
4. A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligat ions that extend
beyond the effective date of termination.
5. The Commission shall not bear any costs related t o a state
that is found to be in default or that has been terminated from the
Compact, unless agreed upon in writing between the Commission and
the defaulting state.
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6. The defaulting state may appeal the acti on of the Commission
by petitioning the U.S. D istrict Court for the District of Columbia
or the federal district where the Commission has its principal
offices. The prevailing member shall be awar ded all costs of such
litigation, including reasonable attor ney fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt
to resolve disputes related to the Compact that arise among member
states and between member and non member states.
2. The Commission shall promulgate a rule provid ing for both
mediation and binding disp ute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonabl e exercise of its
discretion, shall enforce the provisions and r ules of this Compact.
2. By majority vote, the Commission may ini tiate 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 the Compact and its promulgated rules and bylaws. The
relief sought may include both injunctive relief and damages . In
the event judicial enforcement i s necessary, the prevailing member
shall be awarded all c osts of such litigation, including reasonable
attorney fees.
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3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may p ursue any other remedies
available under federal or state law.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2563 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE XIV
Date of Implementation of t he Interstate Commission for EMS
Personnel Practice and Associated Rules, Withdrawal, and Amendment
A. The Compact shall come into effect on the date on whi ch the
compact statute is enacted into law in the tenth membe r state. The
provisions, which become eff ective at that time, shall be limited to
the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commis sion shall meet and
exercise rulemaking powers necessary to t he implementation and
administration of th e Compact.
B. Any state that joins the 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 the 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
the Compact becomes law in that state.
C. Any member state may withdraw from th is Compact by enacting
a statute repealing the same.
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1. A member state's withdrawal shall not take effect until six
(6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of
the withdrawing state 's EMS authority to comply with the
investigative and adverse a ction 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 EMS personnel licensur e agreement or other
cooperative arrangement between a member s tate and a nonmember state
that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the membe r states. No
amendment to this Compact shall become effective and binding upon
any member state until it is enacted into th e laws of all member
states.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-2564 of Title 63, unless there
is created a duplication in numbering, reads as follows:
ARTICLE XV
Construction and Sever ability
This Compact shall be liberally c onstrued so as to effectu ate
the purposes thereof. If this Compact shall be held contrary t o the
constitution of any state member thereto, the Compact shall remain
in full force and effect as to the remaining member states. Nothing
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in this Compact supersedes state law or rules re lated to licensure
of EMS agencies.
SECTION 16. This act shall become effective November 1, 2023.
Passed the House of Representati ves the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate