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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2422 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 2422 By: Alonso-Sandoval, Pae, and | |
4 | 32 | Dollens of the House | |
5 | 33 | ||
6 | 34 | and | |
7 | 35 | ||
8 | 36 | Coleman of the Senate | |
9 | 37 | ||
10 | 38 | ||
11 | 39 | ||
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13 | 41 | ||
14 | - | An Act relating to public health and safety; creating | |
15 | - | the Recognition of EMS Personnel Licensure Interstate | |
16 | - | Compact; stating purpose; providing definitions; | |
17 | - | providing requirements for state participation in the | |
18 | - | Compact; providing requirements for licensee to | |
19 | - | participate in Compact; establishing Interstate | |
20 | - | Commission for EMS Personnel Practice; providing | |
21 | - | requirements for Commission; providing for | |
22 | - | codification; and providing an effect ive date. | |
42 | + | [ public health and safety - Recognition of EMS | |
43 | + | Personnel Licensure Interstate Compact - state | |
44 | + | participation in the Compact - requirements for | |
45 | + | licensee to participate in Compact - Interstate | |
46 | + | Commission for EMS Personnel Practice - effective | |
47 | + | date ] | |
23 | 48 | ||
24 | 49 | ||
25 | 50 | ||
26 | 51 | ||
27 | - | SUBJECT: Public health and safety | |
52 | + | AMENDMENT NO. 1. Page 1, restore the title | |
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54 | + | ENGR. S. A. TO ENGR. H. B. NO. 2422 Page 2 1 | |
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79 | + | Passed the Senate the 27th day of April, 2023. | |
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83 | + | Presiding Officer of the Senate | |
84 | + | ||
85 | + | ||
86 | + | Passed the House of Representatives the ____ day of __________, | |
87 | + | 2023. | |
88 | + | ||
89 | + | ||
90 | + | ||
91 | + | Presiding Officer of the House | |
92 | + | of Representatives | |
93 | + | ||
94 | + | ENGR. H. B. NO. 2422 Page 1 1 | |
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119 | + | ENGROSSED HOUSE | |
120 | + | BILL NO. 2422 By: Alonso-Sandoval, Pae, and | |
121 | + | Dollens of the House | |
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123 | + | and | |
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125 | + | Coleman of the Senate | |
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133 | + | [ public health and safety - Recognition of EMS | |
134 | + | Personnel Licensure Interstate Compact - state | |
135 | + | participation in the Co mpact - requirements for | |
136 | + | licensee to participate in Compact - Interstate | |
137 | + | Commission for EMS Personnel Practice - effective | |
138 | + | date ] | |
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28 | 144 | ||
29 | 145 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
30 | - | ||
31 | 146 | SECTION 1. NEW LAW A new section of law to be codified | |
32 | 147 | in the Oklahoma Statutes as Section 1-2550 of Title 63, unless there | |
33 | 148 | is created a duplication in numbering, reads as follows: | |
34 | - | ||
35 | 149 | Recognition of EMS Personnel Licensure Interstate Compact | |
36 | - | ||
37 | 150 | ARTICLE I | |
38 | - | ||
39 | 151 | Purpose | |
40 | 152 | ||
41 | - | To protect the public through verification of compete ncy and | |
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178 | + | A. To protect the public through verification of compete ncy and | |
42 | 179 | ensure accountability for patient care-related activities all state- | |
43 | 180 | licensed emergency medical services (EMS) personnel, such as | |
44 | 181 | emergency medical technicians (EMTs), advanced EMTs , and paramedics. | |
45 | 182 | This Compact is intended to facilitate the day -to-day movement of | |
46 | - | EMS personnel across state boundaries in the performance of their | |
183 | + | EMS personnel across state boundaries in the performance of their | |
47 | 184 | EMS duties as assigned by an appropriate authority and authorize | |
48 | 185 | state EMS offices to afford immediate legal recognition to EMS | |
49 | 186 | personnel licensed in a member state. This Compact recognizes that | |
50 | 187 | states have a vested interest in protec ting the public's health and | |
51 | 188 | safety through their licensing and regulation of EMS personnel and | |
52 | 189 | that such state regulation shared among the member states will best | |
53 | 190 | protect public health and safety. This Compact is designed to | |
54 | 191 | achieve the following purpose s and objectives: | |
55 | - | ||
56 | 192 | 1. Increase public access to E MS personnel; | |
57 | - | ||
58 | 193 | 2. Enhance the states' ability to protect the public 's health | |
59 | 194 | and safety, especially patient safety; | |
60 | - | ||
61 | 195 | 3. Encourage the cooper ation of member states in the areas of | |
62 | 196 | EMS personnel licensure and regulation; | |
63 | - | ||
64 | 197 | 4. Support licensing of military members who are separating | |
65 | 198 | from an active duty tour and their spouses; | |
66 | - | ||
67 | 199 | 5. Facilitate the exchange of information between member states | |
68 | 200 | regarding EMS personnel licensure, adverse action, and significant | |
69 | 201 | investigatory information; | |
70 | 202 | ||
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71 | 228 | 6. Promote compliance with t he laws governing EMS personnel | |
72 | 229 | practice in each member state; and | |
73 | - | ||
74 | 230 | 7. Invest all member states with the authority to hold EMS | |
75 | 231 | personnel accountable through the mutual recognition of member state | |
76 | 232 | licenses. | |
77 | - | ||
78 | 233 | SECTION 2. NEW LAW A new section of law to be codified | |
79 | 234 | in the Oklahoma Statutes as Section 1-2551 of Title 63, unless there | |
80 | 235 | is created a duplication in numbering, r eads as follows: | |
81 | - | ||
82 | 236 | ARTICLE II | |
83 | - | ||
84 | 237 | Definitions | |
85 | - | ||
86 | 238 | As used in this Compact: | |
87 | - | ||
88 | 239 | 1. "Advanced emergency medical technician (AEMT)" means an | |
89 | 240 | individual licensed with cognitive knowledge and a scope of practice | |
90 | 241 | that corresponds to that leve l in the National EMS Education | |
91 | - | Standards and National EMS Scope of Practice Model; ENR. H. B. NO. 2422 Page 3 | |
92 | - | ||
242 | + | Standards and National EMS Scope of Practice Model; | |
93 | 243 | 2. "Adverse action" means any administrative, civil, equitable , | |
94 | 244 | or criminal action permitted by a state 's laws which may be imposed | |
95 | 245 | against licensed EMS personnel by a state EMS authority or state | |
96 | 246 | court, including, but not limited to, actions against an | |
97 | 247 | individual's license such as revoca tion, suspension, probation, | |
98 | 248 | consent agreement, monitoring, or other limitation or encumbrance on | |
99 | 249 | the individual's practice, letters of reprimand or admonition, | |
100 | 250 | fines, criminal convictions, and state court judgments enforcing | |
101 | 251 | adverse actions by the state E MS authority; | |
102 | 252 | ||
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103 | 278 | 3. "Alternative program" means a voluntary, nondisciplinary | |
104 | 279 | substance abuse recovery program approved by a state EMS authority; | |
105 | - | ||
106 | 280 | 4. "Certification" means the successful verification of entry- | |
107 | 281 | level cognitive and psychomotor competency using a reliable, | |
108 | 282 | validated, and legally defensible e xamination; | |
109 | - | ||
110 | 283 | 5. "Commission" means the national administ rative body of which | |
111 | 284 | all states that have enacted the Compact are members; | |
112 | - | ||
113 | 285 | 6. "Emergency medical technician (EMT)" means an individual | |
114 | 286 | licensed with cognitive knowledge and a scope of practice that | |
115 | 287 | corresponds to that level in the National EMS Education Standards | |
116 | 288 | and National EMS Scope of Pract ice Model; | |
117 | - | ||
118 | 289 | 7. "Home state" means a member state where an individual is | |
119 | 290 | licensed to practice emergency medical ser vices; | |
120 | - | ||
121 | 291 | 8. "License" means the authorization by a state for an | |
122 | 292 | individual to practice as an EMT, AEMT, paramedic, or a level in | |
123 | 293 | between EMT and paramedic; | |
124 | - | ||
125 | 294 | 9. "Medical director" means a physician licensed in a member | |
126 | 295 | state who is accountable for the care d elivered by EMS personnel ; | |
127 | - | ||
128 | 296 | 10. "Member state" means a state that has enacted this Compact; | |
129 | - | ||
130 | 297 | 11. "Privilege to practice" means an individual's authority to | |
131 | 298 | deliver emergency medical services in remote states as authorized | |
132 | 299 | under this Compact; | |
300 | + | 12. "Paramedic" means an individual licensed with cognitive | |
301 | + | knowledge and a scope of practice that corresponds to that level in | |
133 | 302 | ||
134 | - | 12. "Paramedic" means an individual licensed with cognitive | |
135 | - | knowledge and a scope of practice that corresponds to that level in ENR. H. B. NO. 2422 Page 4 | |
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136 | 328 | the National EMS Education Standards and National EMS Scope of | |
137 | 329 | Practice Model; | |
138 | - | ||
139 | 330 | 13. "Remote state" means a member state in which an individua l | |
140 | 331 | is not licensed; | |
141 | - | ||
142 | 332 | 14. "Restricted" means the outcome of an adverse action that | |
143 | 333 | limits a license or the privilege to practice ; | |
144 | - | ||
145 | 334 | 15. "Rule" means a written statement by the Interstate | |
146 | 335 | Commission promulgated pursuant to Section 12 of this Compact that | |
147 | 336 | is of general applicability; implements, interprets, o r prescribes a | |
148 | 337 | policy or provision of the Compact; or is an organizational, | |
149 | 338 | procedural, or practice requirement of th e Commission and has the | |
150 | 339 | force and effect of statutory law in a member state and includes the | |
151 | 340 | amendment, repeal, or suspension of an existi ng rule; | |
152 | - | ||
153 | 341 | 16. "Scope of practice" means defined parameters of various | |
154 | 342 | duties or services that may be provided by an individual with | |
155 | 343 | specific credentials. Whether regulated by rule, statute, or court | |
156 | 344 | decision, it tends to represent the limits of services a n individual | |
157 | 345 | may perform; | |
158 | - | ||
159 | 346 | 17. "Significant investigatory information" means: | |
160 | - | ||
161 | 347 | a. investigative information that a state EMS authority, | |
162 | 348 | after a preliminary inquiry that includes notification | |
163 | 349 | and an opportunity to respond if required by state | |
164 | 350 | law, has reason to believe, if proved true, would | |
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165 | 377 | result in the imposition of an adverse acti on on a | |
166 | 378 | license or privilege to prac tice, or | |
167 | - | ||
168 | 379 | b. investigative information that indicates that the | |
169 | 380 | individual represents an immedi ate threat to public | |
170 | 381 | health and safety regardless of whether the individual | |
171 | 382 | has been notified and had an opportunity to respon d; | |
172 | - | ||
173 | 383 | 18. "State" means any state, commonwealth, district, or | |
174 | 384 | territory of the United States; and | |
175 | - | ||
176 | 385 | 19. "State EMS authority" means the board, office, or other | |
177 | 386 | agency with the legisl ative mandate to license EMS personnel. | |
178 | - | ENR. H. B. NO. 2422 Page 5 | |
179 | 387 | SECTION 3. NEW LAW A new section of law to be co dified | |
180 | 388 | in the Oklahoma Statutes as Section 1-2552 of Title 63, unless there | |
181 | 389 | is created a duplication in numberi ng, reads as follows: | |
182 | - | ||
183 | 390 | ARTICLE III | |
184 | - | ||
185 | 391 | Home State Licensure | |
186 | - | ||
187 | 392 | A. Any member state in which an individual hol ds a current | |
188 | 393 | license shall be deemed a home state for p urposes of this Compact. | |
189 | - | ||
190 | 394 | B. Any member state may require an individual to obtain and | |
191 | 395 | retain a license to be authorized to practice in the member st ate | |
192 | 396 | under circumstances not authorized by the privil ege to practice | |
193 | 397 | under the terms of this Compact. | |
194 | - | ||
195 | 398 | C. A home state's license authorizes an individual to practice | |
196 | 399 | in a remote state under the privilege to p ractice only if the home | |
197 | 400 | state: | |
198 | 401 | ||
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199 | 427 | 1. Currently requires the use of the National Registry of | |
200 | 428 | Emergency Medical Technicians (NREMT) examination as a condition o f | |
201 | 429 | issuing initial licenses at the EMT and paramedic levels; | |
202 | - | ||
203 | 430 | 2. Has a mechanism in place for receiving and investigating | |
204 | 431 | complaints about individual s; | |
205 | - | ||
206 | 432 | 3. Notifies the Commission, in compliance with the terms | |
207 | 433 | herein, of any adverse action or significant investigatory | |
208 | 434 | information regarding an individual; | |
209 | - | ||
210 | 435 | 4. No later than five (5) years after activation of the | |
211 | 436 | Compact, requires a criminal background ch eck of all applicants for | |
212 | 437 | initial licensure, includ ing the use of the results of fingerprint | |
213 | 438 | or other biometric data checks compliant with the re quirements of | |
214 | 439 | the Federal Bureau of Investigation with the exc eption of federal | |
215 | 440 | employees who have suitability determination in accordance with CFR | |
216 | 441 | Section 731.202 and submit documentation of such as promulgated in | |
217 | 442 | the rules of the Commission ; and | |
218 | - | ||
219 | 443 | 5. Complies with the rules of the Commission. | |
220 | - | ||
221 | 444 | SECTION 4. NEW LAW A new section of law to be codified | |
222 | 445 | in the Oklahoma Statutes as Secti on 1-2553 of Title 63, unless there | |
223 | - | is created a duplication in numbering, reads as follows: ENR. H. B. NO. 2422 Page 6 | |
446 | + | is created a duplication in numbering, reads as follows: | |
447 | + | ARTICLE IV | |
448 | + | Compact Privilege to Practice | |
224 | 449 | ||
225 | - | ARTICLE IV | |
226 | - | ||
227 | - | Compact Privilege to Practice | |
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228 | 474 | ||
229 | 475 | A. Member states shall recognize the privilege to practice of | |
230 | 476 | an individual licensed in another m ember state that is in | |
231 | 477 | conformance with Section 3 of this Compact. | |
232 | - | ||
233 | 478 | B. To exercise the privilege to practice under the terms and | |
234 | 479 | provisions of this Compact, an individual must: | |
235 | - | ||
236 | 480 | 1. Be at least eighteen (18) years of age; | |
237 | - | ||
238 | 481 | 2. Possess a current unrestricted license in a member state as | |
239 | - | an EMT, AEMT, paramedic, or state-recognized and -licensed level | |
240 | - | with a scope of pract ice and authority between EMT a nd paramedic; | |
241 | - | and | |
242 | - | ||
482 | + | an EMT, AEMT, paramedic, or state-recognized-and-licensed level with | |
483 | + | a scope of practice and authority between EMT a nd paramedic; and | |
243 | 484 | 3. Practice under the supervision of a medical director. | |
244 | - | ||
245 | 485 | C. An individual providing patient care in a remote state under | |
246 | 486 | the privilege to practice shall function within the scope of | |
247 | 487 | practice authorized by the home state unless and until modified by | |
248 | 488 | an appropriate authority in the remote state , as may be defined in | |
249 | 489 | the rules of the Commission. | |
250 | - | ||
251 | 490 | D. Except as provided in subsection C of Section 4 of this | |
252 | 491 | Compact, an individual practicing in a remote state will b e subject | |
253 | 492 | to the remote state's authority and laws. A remote state may, in | |
254 | 493 | accordance with due process and that state's laws, restrict, | |
255 | 494 | suspend, or revoke an individual 's privilege to practice in the | |
256 | 495 | remote state and may take any oth er necessary actions to protect the | |
257 | 496 | health and safety of its citizens. If a remote state takes action, | |
258 | 497 | it shall promptly notify the home state and the Commission. | |
259 | 498 | ||
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260 | 524 | E. If an individual's license in any home state is restricted | |
261 | 525 | or suspended, the individual shall not be eligible to practice in a | |
262 | 526 | remote state under the privilege to practice until the individual's | |
263 | 527 | home state license is restored. | |
264 | - | ||
265 | 528 | F. If an individual's privilege to practice in any remote sta te | |
266 | 529 | is restricted, suspended, or revoked , the individual shall not be | |
267 | 530 | eligible to practice in any remote state until the individual's | |
268 | - | privilege to practice is restored. ENR. H. B. NO. 2422 Page 7 | |
269 | - | ||
531 | + | privilege to practice is restored. | |
270 | 532 | SECTION 5. NEW LAW A new section of law to be codified | |
271 | 533 | in the Oklahoma Statutes as Section 1-2554 of Title 63, unless there | |
272 | 534 | is created a duplication in numbering, reads as follows: | |
273 | - | ||
274 | 535 | ARTICLE V | |
275 | - | ||
276 | 536 | Conditions of Practice in a Remote State | |
277 | - | ||
278 | 537 | An individual may practice in a remote state unde r a privilege | |
279 | 538 | to practice only in the performance of the individual's EMS duties | |
280 | 539 | as assigned by an appropriate authority, as defined in the rules of | |
281 | 540 | the Commission, and under the following circumstances: | |
282 | - | ||
283 | 541 | 1. The individual originates a patient transport in a home | |
284 | 542 | state and transports the patient to a remote state; | |
285 | - | ||
286 | 543 | 2. The individual originates in the home state and enters a | |
287 | 544 | remote state to pick up a patient and pr ovide care and transport of | |
288 | 545 | the patient to the home state; | |
289 | - | ||
290 | 546 | 3. The individual enters a remote state to provide patient care | |
291 | 547 | and/or transport within that remote state; | |
292 | 548 | ||
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293 | 574 | 4. The individual enters a remote state to pick up a patient | |
294 | - | and provide care and transport to a third member state; or | |
295 | - | ||
575 | + | and provide care and transport to a third member state; | |
296 | 576 | 5. Other conditions as determine d by rules promulgated by the | |
297 | 577 | Commission. | |
298 | - | ||
299 | 578 | SECTION 6. NEW LAW A new section of l aw to be codified | |
300 | 579 | in the Oklahoma Statutes as Section 1-2555 of Title 63, unless there | |
301 | 580 | is created a duplica tion in numbering, reads as follows: | |
302 | - | ||
303 | 581 | ARTICLE VI | |
304 | - | ||
305 | 582 | Relationship to Emergency Management Assistance Co mpact | |
306 | - | ||
307 | 583 | Upon a member state's governor's declaration of a state of | |
308 | 584 | emergency or disaster that activates the Emergency Management | |
309 | 585 | Assistance Compact (EMAC), all relevant terms and provisions of EMAC | |
310 | 586 | shall apply, and to the extent any terms or provisions of this | |
311 | 587 | Compact conflicts with EMAC, the terms of EMAC shall prevail with | |
312 | 588 | respect to any individual practicing in the re mote state in response | |
313 | - | to such declaration. ENR. H. B. NO. 2422 Page 8 | |
314 | - | ||
589 | + | to such declaration. | |
315 | 590 | SECTION 7. NEW LAW A new section of law to be codified | |
316 | 591 | in the Oklahoma Statutes as Section 1-2556 of Title 63, unless there | |
317 | 592 | is created a duplication in numbering, reads as follows: | |
318 | - | ||
319 | 593 | ARTICLE VII | |
320 | - | ||
321 | 594 | Veterans, Service Members Separating From Active Duty Military, and | |
322 | 595 | Their Spouses | |
323 | - | ||
324 | 596 | A. Member states shall consider a veteran, active military | |
325 | 597 | service member, and mem ber of the National Guard and Reserves | |
598 | + | ||
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326 | 624 | separating from an active duty tour, and a spouse thereof , who holds | |
327 | 625 | a current valid and unrestr icted NREMT certification at or above the | |
328 | 626 | level of the state license being sought as satisfying the minimum | |
329 | 627 | training and examination requirements for such licensure. | |
330 | - | ||
331 | 628 | B. Member states shall expedite the processing of licensure | |
332 | 629 | applications submitted by vet erans, active military service members, | |
333 | 630 | and members of the National Guard and Reserves separating from an | |
334 | 631 | active duty tour, and their spouses. | |
335 | - | ||
336 | 632 | C. All individuals functioning with a privilege to practice | |
337 | 633 | under this section remain subject to the adverse actions provisions | |
338 | 634 | of Article VIII of this Compact. | |
339 | - | ||
340 | 635 | SECTION 8. NEW LAW A new section of law to be codified | |
341 | 636 | in the Oklahoma Statutes as Section 1-2557 of Title 63, unless there | |
342 | 637 | is created a duplication in nu mbering, reads as follows: | |
343 | - | ||
344 | 638 | ARTICLE VIII | |
345 | - | ||
346 | 639 | Adverse Actions | |
347 | - | ||
348 | 640 | A. A home state shall have exclusive power to impose adverse | |
349 | 641 | action against an individual's license issued by the home state. | |
350 | - | ||
351 | 642 | B. If an individual's license in any home state is restricted | |
352 | 643 | or suspended, the in dividual shall not be eligible to practice in a | |
353 | 644 | remote state under the privilege to practice until the indi vidual's | |
354 | 645 | home state license is restored. | |
355 | - | ||
356 | 646 | 1. All home state adverse action orders shall include a | |
357 | 647 | statement that the individual's compact privileges are inactive. | |
358 | - | The order may allow the individual to practice in remote states with ENR. H. B. NO. 2422 Page 9 | |
648 | + | ||
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674 | + | The order may allow the individual to practice in remote states with | |
359 | 675 | prior written authoriza tion from both the home state and remote | |
360 | 676 | state's EMS authority. | |
361 | - | ||
362 | 677 | 2. An individual currently subject to adverse action in the | |
363 | 678 | home state shall not practice in any remote state without prior | |
364 | 679 | written authorization from both the home state and remote state's | |
365 | 680 | EMS authority. | |
366 | - | ||
367 | 681 | C. A member state shall report adverse actions and any | |
368 | 682 | occurrences that the individual 's compact privileges are restricted, | |
369 | 683 | suspended, or revoked to the Commission in accordance w ith the rules | |
370 | 684 | of the Commission. | |
371 | - | ||
372 | 685 | D. A remote state may take a dverse action on an individual 's | |
373 | 686 | privilege to practice within that stat e. | |
374 | - | ||
375 | 687 | E. Any member state may take adverse action against an | |
376 | 688 | individual's privilege to practice in that state based on the | |
377 | 689 | factual findings of another member state, so long as each state | |
378 | 690 | follows its own procedures for imposing such adverse action. | |
379 | - | ||
380 | 691 | F. A home state's EMS authority shall investigate and take | |
381 | 692 | appropriate action with respect to reported conduct in a remote | |
382 | 693 | state as it would if such conduct had occurred within the home | |
383 | 694 | state. In such cases, the home state 's law shall control in | |
384 | 695 | determining the appropriate adverse action. | |
385 | - | ||
386 | 696 | G. Nothing in this Compact shall overr ide a member state's | |
387 | 697 | decision that participation in an alt ernative program may be used in | |
698 | + | ||
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388 | 724 | lieu of adverse action and tha t such participation shall remain | |
389 | 725 | nonpublic if required by the member state's laws. Member states | |
390 | 726 | must require individuals who enter any alternative programs to agree | |
391 | 727 | not to practice in any oth er member state during the term of the | |
392 | 728 | alternative program wit hout prior authorization from such other | |
393 | 729 | member state. | |
394 | - | ||
395 | 730 | SECTION 9. NEW LAW A new section of law to be c odified | |
396 | 731 | in the Oklahoma Statutes as Section 1-2558 of Title 63, unless there | |
397 | 732 | is created a duplication in numbering, reads as follows: | |
398 | - | ||
399 | 733 | ARTICLE IX | |
400 | - | ||
401 | 734 | Additional Powers Invested in a Member State 's EMS Authority | |
402 | - | ENR. H. B. NO. 2422 Page 10 | |
403 | 735 | A member state's EMS authority, in addition to any other powers | |
404 | 736 | granted under state law, is authorized under this Compact to: | |
405 | - | ||
406 | 737 | 1. Issue subpoenas for both hearings and investigations that | |
407 | 738 | require the attendance and testimony of witnesses and the production | |
408 | 739 | of evidence. Subpoenas issued by a member stat e's EMS authority for | |
409 | 740 | the attendance and testimony of witnesses, and /or the production of | |
410 | 741 | evidence from another member state, shall be enforced in t he remote | |
411 | 742 | state by any court of competent jurisdi ction, according to th at | |
412 | 743 | court's practice and procedure in considering subpoenas issued in | |
413 | 744 | its own proceedings. The issuing state EMS authority shall pay any | |
414 | 745 | witness fees, travel expenses, mileage, and othe r fees required by | |
415 | 746 | the service statutes of the st ate where the witnesses and/or | |
416 | 747 | evidence are located; and | |
417 | 748 | ||
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418 | 774 | 2. Issue cease and desist orders to restrict, suspend, or | |
419 | 775 | revoke an individual's privilege to practice in the state. | |
420 | - | ||
421 | 776 | SECTION 10. NEW LAW A new section of law to be codified | |
422 | 777 | in the Oklahoma Statutes as Section 1-2559 of Title 63, unless there | |
423 | 778 | is created a duplication in numbering, reads as follows: | |
424 | - | ||
425 | 779 | ARTICLE X | |
426 | - | ||
427 | 780 | Establishment of the Inter state Commission for EMS Personnel | |
428 | 781 | Practice | |
429 | - | ||
430 | 782 | A. The Compact states hereby create and establish a joint | |
431 | 783 | public agency known as the In terstate Commission for EMS Personnel | |
432 | 784 | Practice. | |
433 | - | ||
434 | 785 | 1. The Commission is a body politic and an instrumentality of | |
435 | 786 | the Compact states. | |
436 | - | ||
437 | 787 | 2. Venue is proper and judicial proceedings by or agai nst the | |
438 | 788 | Commission shall be brought solely and ex clusively in a court of | |
439 | 789 | competent jurisdiction where the principal office of the Commiss ion | |
440 | 790 | is located. The Commission may waive venue and juris dictional | |
441 | 791 | defenses to the extent it adopts or consents to part icipate in | |
442 | 792 | alternative dispute resolution proceed ings. | |
443 | - | ||
444 | 793 | 3. Nothing in this Compact shall be construed to be a waiver of | |
445 | 794 | sovereign immunity. | |
446 | - | ||
447 | - | B. Membership, Voting, and Meeting s ENR. H. B. NO. 2422 Page 11 | |
448 | - | ||
795 | + | B. Membership, Voting, and Meeting s | |
449 | 796 | 1. Each member state shall have and be limited to one | |
450 | 797 | delegate. The responsible official of the state EMS authority or | |
798 | + | ||
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451 | 824 | his or her designee shall be the delegate to this Compact for each | |
452 | 825 | member state. Any delegate may be removed or suspended from office | |
453 | 826 | as provided by the law of the state from which the delegate is | |
454 | 827 | appointed. Any vacancy occurring in the Commission shall be fil led | |
455 | 828 | in accordance with the laws of the member state in which the vacancy | |
456 | 829 | exists. In the event that more than one board, office, or oth er | |
457 | 830 | agency with the legislative mandate to license EMS personnel at and | |
458 | 831 | above the level of EMT exists, the governor of the state will | |
459 | 832 | determine which entity will be responsible for assigning the | |
460 | 833 | delegate. | |
461 | - | ||
462 | 834 | 2. Each delegate shall be entitled to one vote with regard to | |
463 | 835 | the promulgation of rules and creation of bylaws and shall ot herwise | |
464 | 836 | have an opportunity to participate in the business and affairs of | |
465 | 837 | the Commission. A delegate shall vote in person or b y such other | |
466 | 838 | means as provided in the bylaws. The bylaws may provide for | |
467 | 839 | delegates' participation in meetings by telephone or ot her means of | |
468 | 840 | communication. | |
469 | - | ||
470 | 841 | 3. The Commission shall meet at least once during each calendar | |
471 | 842 | year. Additional meetings shall b e held as set forth in the bylaws. | |
472 | - | ||
473 | 843 | 4. All meetings shall be open t o the public, and public notice | |
474 | 844 | of meetings shall be given in the same manner as required under the | |
475 | 845 | rulemaking provisions in Article XII of this Compact. | |
476 | - | ||
477 | 846 | 5. The Commission may conven e in a closed, nonpublic meeting if | |
478 | 847 | the Commission must discuss: | |
479 | 848 | ||
849 | + | ENGR. H. B. NO. 2422 Page 16 1 | |
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873 | + | ||
480 | 874 | a. noncompliance of a member state with its obligations | |
481 | 875 | under the Compact, | |
482 | - | ||
483 | 876 | b. the employment, compensation, discipline , or other | |
484 | 877 | personnel matters, practices , or procedures related to | |
485 | 878 | specific employees or other matters related to the | |
486 | 879 | Commission's internal personnel practices and | |
487 | 880 | procedures, | |
488 | - | ||
489 | 881 | c. current, threatened, or reason ably anticipated | |
490 | 882 | litigation, | |
491 | - | ENR. H. B. NO. 2422 Page 12 | |
492 | 883 | d. negotiation of contracts for the purchase or sale of | |
493 | 884 | goods, services, or real estate , | |
494 | - | ||
495 | 885 | e. accusing any person of a crime or formally censuring | |
496 | 886 | any person, | |
497 | - | ||
498 | 887 | f. disclosure of trade secrets or commercial or financial | |
499 | 888 | information that is privileged or confidential , | |
500 | - | ||
501 | 889 | g. disclosure of information of a personal nature where | |
502 | 890 | disclosure would constitute a clearly unwarran ted | |
503 | 891 | invasion of personal privacy , | |
504 | - | ||
505 | 892 | h. disclosure of investigatory records compiled for law | |
506 | 893 | enforcement purposes, | |
507 | - | ||
508 | 894 | i. disclosure of information related to any i nvestigatory | |
509 | 895 | reports prepared by or on behalf of or for use of the | |
510 | 896 | Commission or other committee char ged with | |
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922 | + | ||
511 | 923 | responsibility of investigation or determinat ion of | |
512 | 924 | compliance issues pursuant to the Compact, or | |
513 | - | ||
514 | 925 | j. matters specifically exempted from disclosu re by | |
515 | 926 | federal or member state statute. | |
516 | - | ||
517 | 927 | 6. If a meeting, or portion of a meeting, is closed pursuant to | |
518 | - | paragraph 5 of this subsection, the Commission's legal counsel or | |
519 | - | designee shall certify that the meeting may be closed and shall | |
520 | - | reference each relevant exempting provision in paragraph 5 of this | |
521 | - | subsection. The Commission shall keep minutes tha t fully and | |
522 | - | clearly describe all matters discussed in a meeting and shall | |
523 | - | provide a full and accurate summary of actions taken, a nd the | |
524 | - | reasons therefore, including a description of the views expressed. | |
525 | - | All documents consid ered in connection with an actio n shall be | |
526 | - | identified in such minutes. All minutes and documents o f a closed | |
527 | - | meeting shall remain under seal, subject to release b y a majority | |
528 | - | vote of the Commission or order of a court of competent | |
529 | - | jurisdiction. | |
530 | - | ||
928 | + | subsection 5 of Article X of this Compact, the Commission's legal | |
929 | + | counsel or designee shall certify that the meeting may be closed and | |
930 | + | shall reference each relevant exempting provision in subsection 5. | |
931 | + | The Commission shall keep minutes tha t fully and clearly describe | |
932 | + | all matters discussed in a meeting and shall provide a full and | |
933 | + | accurate summary of actions taken, a nd the reasons therefor e, | |
934 | + | including a description of the views expressed. All documents | |
935 | + | considered in connection with an actio n shall be identified in such | |
936 | + | minutes. All minutes and documents o f a closed meeting shall remain | |
937 | + | under seal, subject to release b y a majority vote of the Commission | |
938 | + | or order of a court of competent jurisdiction. | |
531 | 939 | C. The Commission shall, by a majority vo te of the delegates, | |
532 | 940 | prescribe bylaws and/or rules to govern its co nduct as may be | |
533 | 941 | necessary or appropriate to carry out the purpos es and exercise the | |
534 | 942 | powers of the Compact, including, but not limited to: | |
535 | - | ||
536 | - | 1. Establishing the fiscal year of the Commission; ENR. H. B. NO. 2422 Page 13 | |
537 | - | ||
943 | + | 1. Establishing the fiscal year of the Commission; | |
538 | 944 | 2. Providing reasonable standards and procedures: | |
539 | - | ||
540 | 945 | a. for the establishment and meetings of other | |
541 | 946 | committees, and | |
542 | 947 | ||
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543 | 973 | b. governing any general or specific delegation of any | |
544 | 974 | authority or function of the Commission; | |
545 | - | ||
546 | 975 | 3. Providing reasonable procedures for calling an d conducting | |
547 | 976 | meetings of the Commission, ensuring reasonable adv ance notice of | |
548 | 977 | all meetings, and providing an opportunity for attendance of such | |
549 | 978 | meetings by interested parties , with enumerated exceptions designed | |
550 | 979 | to protect the public 's interest, the priva cy of individuals, and | |
551 | 980 | proprietary information, including trade secrets. The Commission | |
552 | 981 | may meet in closed session only after a majority of the membership | |
553 | 982 | votes to close a meeting in whole or in part. As soon as | |
554 | 983 | practicable, the Commission must make publ ic a copy of the vote to | |
555 | 984 | close the meeting revealing the vote of each member with no proxy | |
556 | 985 | votes allowed; | |
557 | - | ||
558 | 986 | 4. Establishing the titles, duties, and authority and | |
559 | 987 | reasonable procedures for the election of the officers of the | |
560 | 988 | Commission; | |
561 | - | ||
562 | 989 | 5. Providing reasonable standards and procedures for the | |
563 | 990 | establishment of the person nel policies and programs of the | |
564 | 991 | Commission. Notwithstanding any civil service or other similar laws | |
565 | 992 | of any member state, the bylaws shall exclusively govern the | |
566 | 993 | personnel policies and prog rams of the Commission; | |
567 | - | ||
568 | 994 | 6. Promulgating a code of ethics to addre ss permissible and | |
569 | 995 | prohibited activities of Commission members and employees; | |
996 | + | ||
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570 | 1021 | ||
571 | 1022 | 7. Providing a mechanism for winding up the operations of the | |
572 | 1023 | Commission and the equitable disposition of any surplus funds that | |
573 | 1024 | may exist after the termination of the Compact after the payment | |
574 | 1025 | and/or reserving of all of its debts and obligations; | |
575 | - | ||
576 | 1026 | 8. The Commission shall publish its bylaws and file a copy | |
577 | 1027 | thereof, and a copy of any amendment thereto, with the ap propriate | |
578 | 1028 | agency or officer in each of the member states, if any ; | |
579 | - | ||
580 | 1029 | 9. The Commission shall maintain its financial records in | |
581 | - | accordance with the bylaws; and ENR. H. B. NO. 2422 Page 14 | |
582 | - | ||
1030 | + | accordance with the bylaws; and | |
583 | 1031 | 10. The Commission shall meet and take such actions as are | |
584 | 1032 | consistent with the provisions of this Compact and the bylaws. | |
585 | - | ||
586 | 1033 | D. The Commission shall have the following powers: | |
587 | - | ||
588 | 1034 | 1. The authority to promulgate uniform rules to fac ilitate and | |
589 | 1035 | coordinate implementation and administr ation of this Compact. The | |
590 | 1036 | rules shall have the fo rce and effect of law an d shall be binding in | |
591 | 1037 | all member states; | |
592 | - | ||
593 | 1038 | 2. To bring and prosecute legal proceedings or actions in the | |
594 | 1039 | name of the Commission, prov ided that the standing of any state EMS | |
595 | 1040 | authority or other regulatory body responsible for EMS personnel | |
596 | 1041 | licensure to sue or be sued under applicable law shall not be | |
597 | 1042 | affected; | |
598 | - | ||
599 | 1043 | 3. To purchase and maintain insurance and bonds; | |
600 | - | ||
601 | 1044 | 4. To borrow, accept, or contract for services of personnel, | |
602 | 1045 | including, but not limited to, employees of a member state; | |
1046 | + | ||
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603 | 1071 | ||
604 | 1072 | 5. To hire employees, elect or appoint officers, fix | |
605 | 1073 | compensation, define duties, grant such indi viduals appropriate | |
606 | 1074 | authority to carry out the purposes of the Compact, and to establish | |
607 | 1075 | the Commission's personnel policies and programs relating to | |
608 | 1076 | conflicts of interest, qualific ations of personnel, and other | |
609 | 1077 | related personnel matters; | |
610 | - | ||
611 | 1078 | 6. To accept any and all appropriate donations and grants of | |
612 | 1079 | money, equipment, su pplies, materials, and services, and to receive, | |
613 | 1080 | utilize, and dispose of the same; provided that at all times the | |
614 | 1081 | Commission shall strive to avoid any appearance of impropriety | |
615 | 1082 | and/or conflict of interest; | |
616 | - | ||
617 | 1083 | 7. To lease, purchase, accept appropriate gifts o r donations | |
618 | 1084 | of, or otherwise to own, hold, improv e, or use, any property, real, | |
619 | 1085 | personal, or mixed; provided that at all ti mes the Commission shall | |
620 | 1086 | strive to avoid any appearance of impropri ety; | |
621 | - | ||
622 | 1087 | 8. To sell, convey, mortgage, pledge, lease, exchange, abandon, | |
623 | 1088 | or otherwise dispose of any property real, personal, or mixed; | |
624 | - | ||
625 | 1089 | 9. To establish a budget and make expenditures; | |
626 | - | ENR. H. B. NO. 2422 Page 15 | |
627 | 1090 | 10. To borrow money; | |
628 | - | ||
629 | 1091 | 11. To appoint committees, including advisory commit tees, | |
630 | 1092 | comprised of members, state regulators, state legislators or their | |
631 | 1093 | representatives, and consumer represent atives, and such other | |
632 | 1094 | interested persons as may be designated in this Compact and the | |
633 | 1095 | bylaws; | |
634 | 1096 | ||
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635 | 1122 | 12. To provide and receive information from, and to cooperate | |
636 | 1123 | with, law enforcement agencies; | |
637 | - | ||
638 | 1124 | 13. To adopt and use an official seal; and | |
639 | - | ||
640 | 1125 | 14. To perform such other functions as may be necessary or | |
641 | 1126 | appropriate to achieve the purposes of this Compact consistent with | |
642 | 1127 | the state regulation of EMS personnel licensure and practice. | |
643 | - | ||
644 | 1128 | E. Financing of the Commission | |
645 | - | ||
646 | 1129 | 1. The Commission shall pay, or provide for the payment o f, the | |
647 | 1130 | reasonable expenses of its establishment, organization , and ongoing | |
648 | 1131 | activities. | |
649 | - | ||
650 | 1132 | 2. The Commission may accept any and a ll appropriate revenue | |
651 | 1133 | sources, donations, and grants of money, equipment, supplie s, | |
652 | 1134 | materials, and services. | |
653 | - | ||
654 | 1135 | 3. The Commission may levy on and collect an annual assessment | |
655 | 1136 | from each member state or imp ose fees on other parties to cover the | |
656 | 1137 | cost of the operations and activities of the Commission and its | |
657 | 1138 | staff, which must be in a total amount sufficient to cover its | |
658 | 1139 | annual budget as approved each year for wh ich revenue is not | |
659 | 1140 | provided by other sources. T he aggregate annual assessment amount | |
660 | 1141 | shall be allocated based upon a formula to be determined by the | |
661 | 1142 | Commission, which shall promulgat e a rule binding upon all member | |
662 | 1143 | states. | |
663 | - | ||
664 | 1144 | 4. The Commission shall not incur o bligations of any kind prior | |
665 | 1145 | to securing the funds adequate to meet the same , nor shall the | |
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666 | 1172 | Commission pledge the credit of any of the member states, except by | |
667 | 1173 | and with the authority of the member state. | |
668 | - | ||
669 | 1174 | 5. The Commission shall keep accurate accounts of all r eceipts | |
670 | 1175 | and disbursements. The receipts and disbursements of the Commission | |
671 | - | shall be subject to the audit and accounting procedures established | |
1176 | + | shall be subject to the audit and accounting procedures established | |
672 | 1177 | under its bylaws. However, al l receipts and disbursements of funds | |
673 | 1178 | handled by the Commission shall b e audited yearly by a certified or | |
674 | 1179 | licensed public accountant, and the report of the audit shall be | |
675 | 1180 | included in and become part of the annual report of the Commission. | |
676 | - | ||
677 | 1181 | F. Qualified Immunity, Defense, and Indemnification | |
678 | - | ||
679 | 1182 | 1. The members, officers, executive director, employees, and | |
680 | 1183 | representatives of th e Commission shall be immune from suit and | |
681 | 1184 | liability, either personal ly or in their official capacity, for any | |
682 | 1185 | claim for damage to or los s of property or personal injury or other | |
683 | 1186 | civil liability caused by or arising out of a ny actual or alleged | |
684 | 1187 | act, error, or omission that occurred, or that the person against | |
685 | 1188 | whom the claim is made had a reasonable basis for believing occurred | |
686 | 1189 | within the scope of Commission employment, duties, or | |
687 | 1190 | responsibilities; provided that nothing in this paragraph shall be | |
688 | 1191 | construed to protect any such person from suit and/or liability for | |
689 | 1192 | any damage, loss, injury, or liability caused by the intentional or | |
690 | 1193 | willful or wanton misconduct of that person. | |
691 | - | ||
692 | 1194 | 2. The Commission shall defend any m ember, officer, executive | |
693 | 1195 | director, employee, or representative of the Commission in any civil | |
1196 | + | ||
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694 | 1222 | action seeking to impos e liability arising out of any actual or | |
695 | 1223 | alleged act, error, or omission that occurred within the scope o f | |
696 | 1224 | Commission employment, duties , or responsibilities, or that the | |
697 | 1225 | person against whom the claim is made had a reasonable basis for | |
698 | 1226 | believing occurred w ithin the scope of Commission employment, | |
699 | 1227 | duties, or responsibilities; provided that nothing in this paragraph | |
700 | 1228 | shall be construed to prohibit that person from retaining his or her | |
701 | 1229 | own counsel; and provided further, that the actual or alleged act , | |
702 | 1230 | error, or omission did not result from that person's intentional or | |
703 | 1231 | willful or wanton misconduct. | |
704 | - | ||
705 | 1232 | 3. The Commission shall i ndemnify and hold harmless any m ember, | |
706 | 1233 | officer, executive director, employee, or representative of the | |
707 | 1234 | Commission for the amount of any settlement or judgment obtained | |
708 | 1235 | against that person arising out of any ac tual or alleged act, error, | |
709 | 1236 | or omission that occ urred within the scope of Commission employment, | |
710 | 1237 | duties, or responsibilities, or that such person had a reasonable | |
711 | 1238 | basis for believing occurred w ithin the scope of Commission | |
712 | 1239 | employment, duties, or responsibilities, provided that the actual or | |
713 | 1240 | alleged act, error, or omission did not result from the intentional | |
714 | 1241 | or willful or wanton misconduct of that person. | |
715 | - | ENR. H. B. NO. 2422 Page 17 | |
716 | 1242 | SECTION 11. NEW LAW A new section of law to be codified | |
717 | 1243 | in the Oklahoma Statutes as Section 1-2560 of Title 63, unless there | |
718 | 1244 | is created a duplication in numbering, reads as follows: | |
719 | - | ||
720 | 1245 | ARTICLE XI | |
721 | 1246 | ||
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722 | 1272 | Coordinated Database | |
723 | - | ||
724 | 1273 | A. The Commission shall provide for the development and | |
725 | 1274 | maintenance of a coordinated database and reporting system | |
726 | 1275 | containing licensure, adverse action, and significant investigatory | |
727 | 1276 | information on all licensed individuals in member states. | |
728 | - | ||
729 | 1277 | B. Notwithstanding any other provision of state law to the | |
730 | 1278 | contrary, a member state shal l submit a uniform data set to the | |
731 | 1279 | coordinated database on all individuals to whom this compact is | |
732 | 1280 | applicable as required by the rules of the Commissio n, including: | |
733 | - | ||
734 | 1281 | 1. Identifying information; | |
735 | - | ||
736 | 1282 | 2. Licensure data; | |
737 | - | ||
738 | 1283 | 3. Significant investigatory information; | |
739 | - | ||
740 | 1284 | 4. Adverse actions against an individual's license; | |
741 | - | ||
742 | 1285 | 5. An indicator that an individual 's privilege to practi ce is | |
743 | 1286 | restricted, suspended , or revoked; | |
744 | - | ||
745 | 1287 | 6. Nonconfidential information related t o alternative program | |
746 | 1288 | participation; | |
747 | - | ||
748 | 1289 | 7. Any denial of applicat ion for licensure, and the reason(s) | |
749 | 1290 | for such denial; and | |
750 | - | ||
751 | 1291 | 8. Other information that may facilitate the adminis tration of | |
752 | 1292 | this Compact, as determined by the rules of the Commission. | |
753 | - | ||
754 | 1293 | C. The coordinated database administrator shall promptly notify | |
755 | 1294 | all member states of any adverse action taken against, or | |
1295 | + | ||
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756 | 1321 | significant investigative information on, any individual in a member | |
757 | 1322 | state. | |
758 | - | ENR. H. B. NO. 2422 Page 18 | |
759 | 1323 | D. Member states contrib uting information to the coordinated | |
760 | 1324 | database may designate information that may not be shared with the | |
761 | 1325 | public without the express permission of the contributing state. | |
762 | - | ||
763 | 1326 | E. Any information submitted to the coordinated database that | |
764 | 1327 | is subsequently require d to be expunged by the laws of the member | |
765 | 1328 | state contributing the information shall be removed from the | |
766 | 1329 | coordinated database. | |
767 | - | ||
768 | 1330 | SECTION 12. NEW LAW A new secti on of law to be codified | |
769 | 1331 | in the Oklahoma Statutes as Section 1-2561 of Title 63, unless there | |
770 | 1332 | is created a duplication in numbe ring, reads as follows: | |
771 | - | ||
772 | 1333 | ARTICLE XII | |
773 | - | ||
774 | 1334 | Rulemaking | |
775 | - | ||
776 | 1335 | A. The Commission shall exercise its rulemaking powers pursuant | |
777 | 1336 | to the criteria set fo rth in this section and the rules adopted | |
778 | 1337 | thereunder. Rules and amendments shall become binding as of the | |
779 | 1338 | date specified in each rule or amendment. | |
780 | - | ||
781 | 1339 | B. If a majority of the legislatures of the member states | |
782 | 1340 | reject a rule, by enactment of a statute or reso lution in the same | |
783 | 1341 | manner used to adopt the Comp act, then such rule shall have no | |
784 | 1342 | further force and effect in any member state. | |
785 | - | ||
786 | 1343 | C. Rules or amendments to the rules shall be adopted at a | |
787 | 1344 | regular or special meeting of the Commission. | |
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788 | 1370 | ||
789 | 1371 | D. Prior to promulgation and adoption of a f inal rule or rules | |
790 | 1372 | by the Commission, and at least sixty (60) days in advance of the | |
791 | 1373 | meeting at which the rule will be considered and voted upon, the | |
792 | 1374 | Commission shall file a Notice of Proposed Rulemaking: | |
793 | - | ||
794 | 1375 | 1. On the website of the Com mission; and | |
795 | - | ||
796 | 1376 | 2. On the website of each member state's EMS authority or the | |
797 | 1377 | publication in which each state would otherwise publish proposed | |
798 | 1378 | rules. | |
799 | - | ||
800 | 1379 | E. The Notice of Proposed Rulemakin g shall include: | |
801 | - | ||
802 | 1380 | 1. The proposed time, date, and location of the meetin g in | |
803 | - | which the rule or amendment will be considered and voted upon; ENR. H. B. NO. 2422 Page 19 | |
804 | - | ||
1381 | + | which the rule or amendment will be considered and voted upon; | |
805 | 1382 | 2. The text of the proposed rule or amendment and the reason | |
806 | 1383 | for the proposed rule or amendment; | |
807 | - | ||
808 | 1384 | 3. A request for comments on the proposed rule or amendment | |
809 | 1385 | from any interested person; a nd | |
810 | - | ||
811 | 1386 | 4. The manner in which interested persons ma y submit notice to | |
812 | 1387 | the Commission of the ir intention to attend the public hearing and | |
813 | 1388 | any written comments. | |
814 | - | ||
815 | 1389 | F. Prior to adoption of a proposed r ule or amendment, the | |
816 | 1390 | Commission shall allow persons to submit written data, facts, | |
817 | 1391 | opinions, and arguments, wh ich shall be made available to the | |
818 | 1392 | public. | |
819 | 1393 | ||
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820 | 1419 | G. The Commission shall grant an opportunity for a public | |
821 | 1420 | hearing before it adopts a rule or amendmen t if a hearing is | |
822 | 1421 | requested by: | |
823 | - | ||
824 | 1422 | 1. At least twenty-five persons; | |
825 | - | ||
826 | 1423 | 2. A governmental subdivision or agency; or | |
827 | - | ||
828 | 1424 | 3. An association having at least twenty -five members. | |
829 | - | ||
830 | 1425 | H. If a hearing is held on the proposed rule or amendment, the | |
831 | 1426 | Commission shall pub lish the place, time, and date of the scheduled | |
832 | 1427 | public hearing. | |
833 | - | ||
834 | 1428 | 1. All persons wishing to be heard at the hear ing shall notify | |
835 | 1429 | the executive director of the Commission or other designa ted member | |
836 | 1430 | in writing of their desire to appear and testify at the he aring not | |
837 | 1431 | less than five (5) business days before the scheduled date o f the | |
838 | 1432 | hearing. | |
839 | - | ||
840 | 1433 | 2. Hearings shall be conduc ted in a manner providing each | |
841 | 1434 | person who wishes to comment a fair and reasona ble opportunity to | |
842 | 1435 | comment orally or in writing. | |
843 | - | ||
844 | 1436 | 3. No transcript of the hearing is required, unless a written | |
845 | 1437 | request for a transcript is made, in which case the person | |
846 | 1438 | requesting the transcript shall bear the cost of producing the | |
847 | 1439 | transcript. A recording may be made in lieu of a transcript under | |
848 | - | the same terms and conditions as a transcript. This paragraph shall | |
1440 | + | the same terms and conditions as a transcript. This paragraph shall | |
849 | 1441 | not preclude the Commission from making a transcri pt or recording of | |
850 | 1442 | the hearing if it so chooses. | |
1443 | + | ||
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851 | 1468 | ||
852 | 1469 | 4. Nothing in this section shall be construed as requiring a | |
853 | 1470 | separate hearing on each rule or amendment. Rules or amendments may | |
854 | 1471 | be grouped for the convenience of the Commission at hearings | |
855 | 1472 | required by this section. | |
856 | - | ||
857 | 1473 | I. Following the scheduled hearing date, or by the close of | |
858 | 1474 | business on the scheduled hearing date if the hearing was not held, | |
859 | 1475 | the Commission shall consider all written and oral comments | |
860 | 1476 | received. | |
861 | - | ||
862 | 1477 | J. The Commission shall, by majority vot e of all members, take | |
863 | 1478 | final action on the proposed rule or amendment and shall determine | |
864 | 1479 | the effective date of the rule, if any, based on the rulema king | |
865 | 1480 | record and the full text of the rule. | |
866 | - | ||
867 | 1481 | K. If no written notice of intent to a ttend the public hearing | |
868 | 1482 | by interested parties is received, the Commission may proceed with | |
869 | 1483 | promulgation of the proposed rule or amendment without a public | |
870 | 1484 | hearing. | |
871 | - | ||
872 | 1485 | L. Upon determination that a n emergency exists, the Commission | |
873 | 1486 | may consider and adopt an em ergency rule without prior notice, | |
874 | 1487 | opportunity for comment, or hearing, provided that the usual | |
875 | 1488 | rulemaking procedures provided in the Compact and in this section | |
876 | 1489 | shall be retroactively applied to the rule as soon as reasonably | |
877 | 1490 | possible, in no event later t han ninety (90) days after the | |
878 | 1491 | effective date of the rule. For the purposes of this subsection, an | |
879 | 1492 | emergency rule is one that must be adopted immediately in ord er to: | |
880 | 1493 | ||
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881 | 1519 | 1. Meet an imminent thre at to public health, safety, or | |
882 | 1520 | welfare; | |
883 | - | ||
884 | 1521 | 2. Prevent a loss of Commission or member state funds; | |
885 | - | ||
886 | 1522 | 3. Meet a deadline for the promulgation of an administrative | |
887 | 1523 | rule that is established by federal law or rule; or | |
888 | - | ||
889 | 1524 | 4. Protect public health and safety. | |
890 | - | ||
891 | 1525 | M. The Commission or an authorized committee of the Commission | |
892 | 1526 | may direct revisions to a previously adop ted rule or amendment for | |
893 | - | purposes of correcting typographical errors, errors in format, | |
1527 | + | purposes of correcting typographical errors, errors in format, | |
894 | 1528 | errors in consistency, or grammatical errors. Public notice of any | |
895 | 1529 | revisions shall be posted on the website of the Commission. The | |
896 | 1530 | revision shall be subject to challe nge by any person for a period of | |
897 | 1531 | thirty (30) days after posting. The revision may be challenged only | |
898 | 1532 | on grounds that the re vision results in a material cha nge to a rule | |
899 | 1533 | or amendment. A challenge shall be made in writi ng and delivered to | |
900 | 1534 | the chair of the Commission prior to the end of the notice perio d. | |
901 | 1535 | If no challenge is made, the revision will take effect without | |
902 | 1536 | further action. If the revision is challe nged, the revision may not | |
903 | 1537 | take effect without the approval of the Commission. | |
904 | - | ||
905 | 1538 | SECTION 13. NEW LAW A new section of law to be codified | |
906 | 1539 | in the Oklahoma Statutes as Section 1-2562 of Title 63, unless there | |
907 | 1540 | is created a duplication in numbering, reads as follows: | |
908 | - | ||
909 | 1541 | ARTICLE XIII | |
910 | - | ||
911 | 1542 | Oversight, Dispute Resolutions, and Enforcement | |
912 | 1543 | ||
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913 | 1569 | A. Oversight | |
914 | - | ||
915 | 1570 | 1. The executive, legislative, and judicial branches of state | |
916 | 1571 | government in each member state shall enforce this Compact and take | |
917 | 1572 | all necessary and appropriate actions to effectuate the Compact's | |
918 | 1573 | purposes and intent. The provisions of this Compact and the rules | |
919 | 1574 | promulgated hereunder shall have standing as statutory law. | |
920 | - | ||
921 | 1575 | 2. All courts shall take judicial noti ce of the compact and the | |
922 | 1576 | rules in any judicial or administra tive proceeding in a member state | |
923 | 1577 | pertaining to the subject matter of this compact which may affect | |
924 | 1578 | the powers, responsibilities, or actions of the Commission. | |
925 | - | ||
926 | 1579 | 3. The Commission shall be entitle d to receive service of | |
927 | 1580 | process in any such proceeding, and s hall have standing to intervene | |
928 | 1581 | in such a proceeding for all purposes. Failure to provide service | |
929 | 1582 | of process to the Commission shall render a judgment or order void | |
930 | 1583 | as to the Commission, this Compact, or promulgated rules. | |
931 | - | ||
932 | 1584 | B. Default, Technical Assistanc e, and Termination | |
933 | - | ||
934 | 1585 | 1. If the Commission determines that a member state has | |
935 | 1586 | defaulted in the performance of its obligations or responsibilities | |
936 | 1587 | under this Compact or the promulgated rules, th e Commission shall: | |
937 | - | ENR. H. B. NO. 2422 Page 22 | |
938 | 1588 | a. provide written notice to the defaulting s tate and | |
939 | 1589 | other member states of the nature of the default, the | |
940 | 1590 | proposed means of curing the default, and/or any other | |
941 | 1591 | action to be taken by the Commission , and | |
942 | 1592 | ||
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943 | 1618 | b. provide remedial trai ning and specific technical | |
944 | 1619 | assistance regarding the default. | |
945 | - | ||
946 | 1620 | 2. If a state in default fails to cure the default, the | |
947 | 1621 | defaulting state may be terminated from the Compact upon an | |
948 | 1622 | affirmative vote of a majori ty of the member states, and all rights, | |
949 | 1623 | privileges, and benefits conferred by this Compact may be terminated | |
950 | 1624 | on the effective date of termination. A cure of the default does | |
951 | 1625 | not relieve the offending state of obligations or liabil ities | |
952 | 1626 | incurred during the period of default. | |
953 | - | ||
954 | 1627 | 3. Termination of membe rship in the Compact shall be imposed | |
955 | 1628 | only after all other means of securing compliance have been | |
956 | 1629 | exhausted. Notice of intent to suspend or terminate shall be given | |
957 | 1630 | by the Commission to the governor, the majority and minority leaders | |
958 | 1631 | of the defaulting sta te's legislature, and each of the member | |
959 | 1632 | states. | |
960 | - | ||
961 | 1633 | 4. A state that has been terminated is responsible for all | |
962 | 1634 | assessments, obligations, and liabilities incurred through the | |
963 | 1635 | effective date of termination, including obligat ions that extend | |
964 | 1636 | beyond the effective date of termination. | |
965 | - | ||
966 | 1637 | 5. The Commission shall not bear any costs related t o a state | |
967 | 1638 | that is found to be in default or that has been terminated from the | |
968 | 1639 | Compact, unless agreed upon in wr iting between the Commission and | |
969 | 1640 | the defaulting state. | |
970 | 1641 | ||
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971 | 1667 | 6. The defaulting state may appeal the acti on of the Commission | |
972 | - | by petitioning the U nited States District Court for the District of | |
973 | - | Columbia or the federal district where the Commission has its | |
974 | - | principal offices. The prevailing member shall be awar ded all costs | |
975 | - | of such litigation, including reasonable attor ney fees. | |
976 | - | ||
1668 | + | by petitioning the U.S. D istrict Court for the District of Columbia | |
1669 | + | or the federal district where the Commission has its principal | |
1670 | + | offices. The prevailing member shall be awar ded all costs of such | |
1671 | + | litigation, including reasonable attor ney fees. | |
977 | 1672 | C. Dispute Resolution | |
978 | - | ||
979 | 1673 | 1. Upon request by a member state, the Commission shall attempt | |
980 | 1674 | to resolve disputes related to the Compact that arise among member | |
981 | 1675 | states and between member and non member states. | |
982 | - | ENR. H. B. NO. 2422 Page 23 | |
983 | 1676 | 2. The Commission shall promulgate a rule provid ing for both | |
984 | 1677 | mediation and binding disp ute resolution for disputes as | |
985 | 1678 | appropriate. | |
986 | - | ||
987 | 1679 | D. Enforcement | |
988 | - | ||
989 | 1680 | 1. The Commission, in the reasonabl e exercise of its | |
990 | 1681 | discretion, shall enforce the provisions and r ules of this Compact. | |
991 | - | ||
992 | 1682 | 2. By majority vote, the Commission may ini tiate legal action | |
993 | 1683 | in the United States District Court for the District of Columbia or | |
994 | 1684 | the federal district where the Commission has its principal offices | |
995 | 1685 | against a member state in default to enforce compliance with the | |
996 | 1686 | provisions of the Compact and its promulgated rules and bylaws. The | |
997 | 1687 | relief sought may include both injunctive relief and damages . In | |
998 | 1688 | the event judicial enforcement i s necessary, the prevailing member | |
999 | 1689 | shall be awarded all c osts of such litigation, including reasonable | |
1000 | 1690 | attorney fees. | |
1001 | 1691 | ||
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1716 | + | ||
1002 | 1717 | 3. The remedies herein shall not be the exclusive remedies of | |
1003 | 1718 | the Commission. The Commission may p ursue any other remedies | |
1004 | 1719 | available under federal or state law. | |
1005 | - | ||
1006 | 1720 | SECTION 14. NEW LAW A new section of law to be codified | |
1007 | 1721 | in the Oklahoma Statutes as Section 1-2563 of Title 63, unless there | |
1008 | 1722 | is created a duplication in numbering, reads as follows: | |
1009 | - | ||
1010 | 1723 | ARTICLE XIV | |
1011 | - | ||
1012 | 1724 | Date of Implementation of t he Interstate Commission for EMS | |
1013 | 1725 | Personnel Practice and Associated Rules, Withdrawal, and Amendment | |
1014 | - | ||
1015 | 1726 | A. The Compact shall come into effect on the date on whi ch the | |
1016 | 1727 | compact statute is enacted into law in the tenth membe r state. The | |
1017 | 1728 | provisions, which become eff ective at that time, shall be limited to | |
1018 | 1729 | the powers granted to the Commission relating to assembly and the | |
1019 | 1730 | promulgation of rules. Thereafter, the Commis sion shall meet and | |
1020 | 1731 | exercise rulemaking powers necessary to t he implementation and | |
1021 | 1732 | administration of th e Compact. | |
1022 | - | ||
1023 | 1733 | B. Any state that joins the Compact subsequent to the | |
1024 | 1734 | Commission's initial adoption of the rules shall be subject to the | |
1025 | 1735 | rules as they exist on the date on which the Compact becomes law in | |
1026 | - | that state. Any rule that has been previously adopted by the | |
1736 | + | that state. Any rule that has been previously adopted by the | |
1027 | 1737 | Commission shall have the full force and effect of law on the day | |
1028 | 1738 | the Compact becomes law in that state. | |
1029 | - | ||
1030 | 1739 | C. Any member state may withdraw from th is Compact by enacting | |
1031 | 1740 | a statute repealing the same. | |
1032 | 1741 | ||
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1766 | + | ||
1033 | 1767 | 1. A member state's withdrawal shall not take effect unti l six | |
1034 | 1768 | (6) months after enactment of the repealing statute. | |
1035 | - | ||
1036 | 1769 | 2. Withdrawal shall not affect the continuing requirement of | |
1037 | 1770 | the withdrawing state 's EMS authority to comply with the | |
1038 | 1771 | investigative and adverse a ction reporting requirements of this | |
1039 | 1772 | Compact prior to the effective date of withdrawal. | |
1040 | - | ||
1041 | 1773 | D. Nothing contained in this Compact shall be construed to | |
1042 | 1774 | invalidate or prevent any EMS personnel licensur e agreement or other | |
1043 | 1775 | cooperative arrangement between a member s tate and a nonmember state | |
1044 | 1776 | that does not conflic t with the provisions of this Compact. | |
1045 | - | ||
1046 | 1777 | E. This Compact may be amended by the membe r states. No | |
1047 | 1778 | amendment to this Compact shall become effective and binding upon | |
1048 | 1779 | any member state until it is enacted into th e laws of all member | |
1049 | 1780 | states. | |
1050 | - | ||
1051 | 1781 | SECTION 15. NEW LAW A new section of law to be codified | |
1052 | 1782 | in the Oklahoma Statutes as Section 1-2564 of Title 63, unless there | |
1053 | 1783 | is created a duplication in numbering, reads as follows: | |
1054 | - | ||
1055 | 1784 | ARTICLE XV | |
1056 | - | ||
1057 | 1785 | Construction and Sever ability | |
1058 | - | ||
1059 | 1786 | This Compact shall be liberally c onstrued so as to effectuate | |
1060 | 1787 | the purposes thereof. If this Compact shall be held contrary t o the | |
1061 | 1788 | constitution of any state member thereto, the Compact shall remain | |
1062 | 1789 | in full force and effect as to the remaining member states. Nothing | |
1790 | + | ||
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1815 | + | ||
1063 | 1816 | in this Compact supersedes state law or rules related to licensure | |
1064 | 1817 | of EMS agencies. | |
1065 | - | ||
1066 | 1818 | SECTION 16. This act shall become effective November 1, 2023. | |
1067 | - | ENR. H. B. NO. 2422 Page 25 | |
1068 | - | Passed the House of Representati ves the 16th day of May, 2023. | |
1819 | + | Passed the House of Representati ves the 21st day of March, 2023. | |
1069 | 1820 | ||
1070 | 1821 | ||
1071 | 1822 | ||
1072 | 1823 | ||
1073 | 1824 | Presiding Officer of the House | |
1074 | 1825 | of Representatives | |
1075 | 1826 | ||
1076 | 1827 | ||
1077 | - | Passed the Senate the | |
1828 | + | Passed the Senate the ___ day of __________, 2023. | |
1078 | 1829 | ||
1079 | 1830 | ||
1080 | 1831 | ||
1081 | 1832 | ||
1082 | 1833 | Presiding Officer of the Senate | |
1083 | 1834 | ||
1084 | 1835 | ||
1085 | 1836 | ||
1086 | - | ||
1087 | - | OFFICE OF THE GOVERNOR | |
1088 | - | Received by the Office of the Governor this ____________________ | |
1089 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1090 | - | By: _________________________________ | |
1091 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
1092 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1093 | - | ||
1094 | - | ||
1095 | - | _________________________________ | |
1096 | - | Governor of the State of Oklahoma | |
1097 | - | ||
1098 | - | OFFICE OF THE SECRETARY OF STATE | |
1099 | - | Received by the Office of the Secretary of State this __________ | |
1100 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1101 | - | By: _________________________________ ENR. H. B. NO. 2422 Page 26 | |
1102 | - |