Oklahoma 2024 Regular Session

Oklahoma House Bill HB2422 Compare Versions

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1-An Act
2-ENROLLED HOUSE
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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
331 BILL NO. 2422 By: Alonso-Sandoval, Pae, and
432 Dollens of the House
533
634 and
735
836 Coleman of the Senate
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1038
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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 ]
2348
2449
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27-SUBJECT: Public health and safety
52+AMENDMENT NO. 1. Page 1, restore the title
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79+Passed the Senate the 27th day of April, 2023.
80+
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83+ Presiding Officer of the Senate
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86+Passed the House of Representatives the ____ day of __________,
87+2023.
88+
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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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131+
132+
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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28144
29145 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
30-
31146 SECTION 1. NEW LAW A new section of law to be codified
32147 in the Oklahoma Statutes as Section 1-2550 of Title 63, unless there
33148 is created a duplication in numbering, reads as follows:
34-
35149 Recognition of EMS Personnel Licensure Interstate Compact
36-
37150 ARTICLE I
38-
39151 Purpose
40152
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
42179 ensure accountability for patient care-related activities all state-
43180 licensed emergency medical services (EMS) personnel, such as
44181 emergency medical technicians (EMTs), advanced EMTs , and paramedics.
45182 This Compact is intended to facilitate the day -to-day movement of
46-EMS personnel across state boundaries in the performance of their ENR. H. B. NO. 2422 Page 2
183+EMS personnel across state boundaries in the performance of their
47184 EMS duties as assigned by an appropriate authority and authorize
48185 state EMS offices to afford immediate legal recognition to EMS
49186 personnel licensed in a member state. This Compact recognizes that
50187 states have a vested interest in protec ting the public's health and
51188 safety through their licensing and regulation of EMS personnel and
52189 that such state regulation shared among the member states will best
53190 protect public health and safety. This Compact is designed to
54191 achieve the following purpose s and objectives:
55-
56192 1. Increase public access to E MS personnel;
57-
58193 2. Enhance the states' ability to protect the public 's health
59194 and safety, especially patient safety;
60-
61195 3. Encourage the cooper ation of member states in the areas of
62196 EMS personnel licensure and regulation;
63-
64197 4. Support licensing of military members who are separating
65198 from an active duty tour and their spouses;
66-
67199 5. Facilitate the exchange of information between member states
68200 regarding EMS personnel licensure, adverse action, and significant
69201 investigatory information;
70202
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71228 6. Promote compliance with t he laws governing EMS personnel
72229 practice in each member state; and
73-
74230 7. Invest all member states with the authority to hold EMS
75231 personnel accountable through the mutual recognition of member state
76232 licenses.
77-
78233 SECTION 2. NEW LAW A new section of law to be codified
79234 in the Oklahoma Statutes as Section 1-2551 of Title 63, unless there
80235 is created a duplication in numbering, r eads as follows:
81-
82236 ARTICLE II
83-
84237 Definitions
85-
86238 As used in this Compact:
87-
88239 1. "Advanced emergency medical technician (AEMT)" means an
89240 individual licensed with cognitive knowledge and a scope of practice
90241 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;
93243 2. "Adverse action" means any administrative, civil, equitable ,
94244 or criminal action permitted by a state 's laws which may be imposed
95245 against licensed EMS personnel by a state EMS authority or state
96246 court, including, but not limited to, actions against an
97247 individual's license such as revoca tion, suspension, probation,
98248 consent agreement, monitoring, or other limitation or encumbrance on
99249 the individual's practice, letters of reprimand or admonition,
100250 fines, criminal convictions, and state court judgments enforcing
101251 adverse actions by the state E MS authority;
102252
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103278 3. "Alternative program" means a voluntary, nondisciplinary
104279 substance abuse recovery program approved by a state EMS authority;
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106280 4. "Certification" means the successful verification of entry-
107281 level cognitive and psychomotor competency using a reliable,
108282 validated, and legally defensible e xamination;
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110283 5. "Commission" means the national administ rative body of which
111284 all states that have enacted the Compact are members;
112-
113285 6. "Emergency medical technician (EMT)" means an individual
114286 licensed with cognitive knowledge and a scope of practice that
115287 corresponds to that level in the National EMS Education Standards
116288 and National EMS Scope of Pract ice Model;
117-
118289 7. "Home state" means a member state where an individual is
119290 licensed to practice emergency medical ser vices;
120-
121291 8. "License" means the authorization by a state for an
122292 individual to practice as an EMT, AEMT, paramedic, or a level in
123293 between EMT and paramedic;
124-
125294 9. "Medical director" means a physician licensed in a member
126295 state who is accountable for the care d elivered by EMS personnel ;
127-
128296 10. "Member state" means a state that has enacted this Compact;
129-
130297 11. "Privilege to practice" means an individual's authority to
131298 deliver emergency medical services in remote states as authorized
132299 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
133302
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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136328 the National EMS Education Standards and National EMS Scope of
137329 Practice Model;
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139330 13. "Remote state" means a member state in which an individua l
140331 is not licensed;
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142332 14. "Restricted" means the outcome of an adverse action that
143333 limits a license or the privilege to practice ;
144-
145334 15. "Rule" means a written statement by the Interstate
146335 Commission promulgated pursuant to Section 12 of this Compact that
147336 is of general applicability; implements, interprets, o r prescribes a
148337 policy or provision of the Compact; or is an organizational,
149338 procedural, or practice requirement of th e Commission and has the
150339 force and effect of statutory law in a member state and includes the
151340 amendment, repeal, or suspension of an existi ng rule;
152-
153341 16. "Scope of practice" means defined parameters of various
154342 duties or services that may be provided by an individual with
155343 specific credentials. Whether regulated by rule, statute, or court
156344 decision, it tends to represent the limits of services a n individual
157345 may perform;
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159346 17. "Significant investigatory information" means:
160-
161347 a. investigative information that a state EMS authority,
162348 after a preliminary inquiry that includes notification
163349 and an opportunity to respond if required by state
164350 law, has reason to believe, if proved true, would
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165377 result in the imposition of an adverse acti on on a
166378 license or privilege to prac tice, or
167-
168379 b. investigative information that indicates that the
169380 individual represents an immedi ate threat to public
170381 health and safety regardless of whether the individual
171382 has been notified and had an opportunity to respon d;
172-
173383 18. "State" means any state, commonwealth, district, or
174384 territory of the United States; and
175-
176385 19. "State EMS authority" means the board, office, or other
177386 agency with the legisl ative mandate to license EMS personnel.
178- ENR. H. B. NO. 2422 Page 5
179387 SECTION 3. NEW LAW A new section of law to be co dified
180388 in the Oklahoma Statutes as Section 1-2552 of Title 63, unless there
181389 is created a duplication in numberi ng, reads as follows:
182-
183390 ARTICLE III
184-
185391 Home State Licensure
186-
187392 A. Any member state in which an individual hol ds a current
188393 license shall be deemed a home state for p urposes of this Compact.
189-
190394 B. Any member state may require an individual to obtain and
191395 retain a license to be authorized to practice in the member st ate
192396 under circumstances not authorized by the privil ege to practice
193397 under the terms of this Compact.
194-
195398 C. A home state's license authorizes an individual to practice
196399 in a remote state under the privilege to p ractice only if the home
197400 state:
198401
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199427 1. Currently requires the use of the National Registry of
200428 Emergency Medical Technicians (NREMT) examination as a condition o f
201429 issuing initial licenses at the EMT and paramedic levels;
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203430 2. Has a mechanism in place for receiving and investigating
204431 complaints about individual s;
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206432 3. Notifies the Commission, in compliance with the terms
207433 herein, of any adverse action or significant investigatory
208434 information regarding an individual;
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210435 4. No later than five (5) years after activation of the
211436 Compact, requires a criminal background ch eck of all applicants for
212437 initial licensure, includ ing the use of the results of fingerprint
213438 or other biometric data checks compliant with the re quirements of
214439 the Federal Bureau of Investigation with the exc eption of federal
215440 employees who have suitability determination in accordance with CFR
216441 Section 731.202 and submit documentation of such as promulgated in
217442 the rules of the Commission ; and
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219443 5. Complies with the rules of the Commission.
220-
221444 SECTION 4. NEW LAW A new section of law to be codified
222445 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
224449
225-ARTICLE IV
226-
227-Compact Privilege to Practice
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228474
229475 A. Member states shall recognize the privilege to practice of
230476 an individual licensed in another m ember state that is in
231477 conformance with Section 3 of this Compact.
232-
233478 B. To exercise the privilege to practice under the terms and
234479 provisions of this Compact, an individual must:
235-
236480 1. Be at least eighteen (18) years of age;
237-
238481 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
243484 3. Practice under the supervision of a medical director.
244-
245485 C. An individual providing patient care in a remote state under
246486 the privilege to practice shall function within the scope of
247487 practice authorized by the home state unless and until modified by
248488 an appropriate authority in the remote state , as may be defined in
249489 the rules of the Commission.
250-
251490 D. Except as provided in subsection C of Section 4 of this
252491 Compact, an individual practicing in a remote state will b e subject
253492 to the remote state's authority and laws. A remote state may, in
254493 accordance with due process and that state's laws, restrict,
255494 suspend, or revoke an individual 's privilege to practice in the
256495 remote state and may take any oth er necessary actions to protect the
257496 health and safety of its citizens. If a remote state takes action,
258497 it shall promptly notify the home state and the Commission.
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260524 E. If an individual's license in any home state is restricted
261525 or suspended, the individual shall not be eligible to practice in a
262526 remote state under the privilege to practice until the individual's
263527 home state license is restored.
264-
265528 F. If an individual's privilege to practice in any remote sta te
266529 is restricted, suspended, or revoked , the individual shall not be
267530 eligible to practice in any remote state until the individual's
268-privilege to practice is restored. ENR. H. B. NO. 2422 Page 7
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531+privilege to practice is restored.
270532 SECTION 5. NEW LAW A new section of law to be codified
271533 in the Oklahoma Statutes as Section 1-2554 of Title 63, unless there
272534 is created a duplication in numbering, reads as follows:
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274535 ARTICLE V
275-
276536 Conditions of Practice in a Remote State
277-
278537 An individual may practice in a remote state unde r a privilege
279538 to practice only in the performance of the individual's EMS duties
280539 as assigned by an appropriate authority, as defined in the rules of
281540 the Commission, and under the following circumstances:
282-
283541 1. The individual originates a patient transport in a home
284542 state and transports the patient to a remote state;
285-
286543 2. The individual originates in the home state and enters a
287544 remote state to pick up a patient and pr ovide care and transport of
288545 the patient to the home state;
289-
290546 3. The individual enters a remote state to provide patient care
291547 and/or transport within that remote state;
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293574 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;
296576 5. Other conditions as determine d by rules promulgated by the
297577 Commission.
298-
299578 SECTION 6. NEW LAW A new section of l aw to be codified
300579 in the Oklahoma Statutes as Section 1-2555 of Title 63, unless there
301580 is created a duplica tion in numbering, reads as follows:
302-
303581 ARTICLE VI
304-
305582 Relationship to Emergency Management Assistance Co mpact
306-
307583 Upon a member state's governor's declaration of a state of
308584 emergency or disaster that activates the Emergency Management
309585 Assistance Compact (EMAC), all relevant terms and provisions of EMAC
310586 shall apply, and to the extent any terms or provisions of this
311587 Compact conflicts with EMAC, the terms of EMAC shall prevail with
312588 respect to any individual practicing in the re mote state in response
313-to such declaration. ENR. H. B. NO. 2422 Page 8
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589+to such declaration.
315590 SECTION 7. NEW LAW A new section of law to be codified
316591 in the Oklahoma Statutes as Section 1-2556 of Title 63, unless there
317592 is created a duplication in numbering, reads as follows:
318-
319593 ARTICLE VII
320-
321594 Veterans, Service Members Separating From Active Duty Military, and
322595 Their Spouses
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324596 A. Member states shall consider a veteran, active military
325597 service member, and mem ber of the National Guard and Reserves
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326624 separating from an active duty tour, and a spouse thereof , who holds
327625 a current valid and unrestr icted NREMT certification at or above the
328626 level of the state license being sought as satisfying the minimum
329627 training and examination requirements for such licensure.
330-
331628 B. Member states shall expedite the processing of licensure
332629 applications submitted by vet erans, active military service members,
333630 and members of the National Guard and Reserves separating from an
334631 active duty tour, and their spouses.
335-
336632 C. All individuals functioning with a privilege to practice
337633 under this section remain subject to the adverse actions provisions
338634 of Article VIII of this Compact.
339-
340635 SECTION 8. NEW LAW A new section of law to be codified
341636 in the Oklahoma Statutes as Section 1-2557 of Title 63, unless there
342637 is created a duplication in nu mbering, reads as follows:
343-
344638 ARTICLE VIII
345-
346639 Adverse Actions
347-
348640 A. A home state shall have exclusive power to impose adverse
349641 action against an individual's license issued by the home state.
350-
351642 B. If an individual's license in any home state is restricted
352643 or suspended, the in dividual shall not be eligible to practice in a
353644 remote state under the privilege to practice until the indi vidual's
354645 home state license is restored.
355-
356646 1. All home state adverse action orders shall include a
357647 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
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674+The order may allow the individual to practice in remote states with
359675 prior written authoriza tion from both the home state and remote
360676 state's EMS authority.
361-
362677 2. An individual currently subject to adverse action in the
363678 home state shall not practice in any remote state without prior
364679 written authorization from both the home state and remote state's
365680 EMS authority.
366-
367681 C. A member state shall report adverse actions and any
368682 occurrences that the individual 's compact privileges are restricted,
369683 suspended, or revoked to the Commission in accordance w ith the rules
370684 of the Commission.
371-
372685 D. A remote state may take a dverse action on an individual 's
373686 privilege to practice within that stat e.
374-
375687 E. Any member state may take adverse action against an
376688 individual's privilege to practice in that state based on the
377689 factual findings of another member state, so long as each state
378690 follows its own procedures for imposing such adverse action.
379-
380691 F. A home state's EMS authority shall investigate and take
381692 appropriate action with respect to reported conduct in a remote
382693 state as it would if such conduct had occurred within the home
383694 state. In such cases, the home state 's law shall control in
384695 determining the appropriate adverse action.
385-
386696 G. Nothing in this Compact shall overr ide a member state's
387697 decision that participation in an alt ernative program may be used in
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388724 lieu of adverse action and tha t such participation shall remain
389725 nonpublic if required by the member state's laws. Member states
390726 must require individuals who enter any alternative programs to agree
391727 not to practice in any oth er member state during the term of the
392728 alternative program wit hout prior authorization from such other
393729 member state.
394-
395730 SECTION 9. NEW LAW A new section of law to be c odified
396731 in the Oklahoma Statutes as Section 1-2558 of Title 63, unless there
397732 is created a duplication in numbering, reads as follows:
398-
399733 ARTICLE IX
400-
401734 Additional Powers Invested in a Member State 's EMS Authority
402- ENR. H. B. NO. 2422 Page 10
403735 A member state's EMS authority, in addition to any other powers
404736 granted under state law, is authorized under this Compact to:
405-
406737 1. Issue subpoenas for both hearings and investigations that
407738 require the attendance and testimony of witnesses and the production
408739 of evidence. Subpoenas issued by a member stat e's EMS authority for
409740 the attendance and testimony of witnesses, and /or the production of
410741 evidence from another member state, shall be enforced in t he remote
411742 state by any court of competent jurisdi ction, according to th at
412743 court's practice and procedure in considering subpoenas issued in
413744 its own proceedings. The issuing state EMS authority shall pay any
414745 witness fees, travel expenses, mileage, and othe r fees required by
415746 the service statutes of the st ate where the witnesses and/or
416747 evidence are located; and
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418774 2. Issue cease and desist orders to restrict, suspend, or
419775 revoke an individual's privilege to practice in the state.
420-
421776 SECTION 10. NEW LAW A new section of law to be codified
422777 in the Oklahoma Statutes as Section 1-2559 of Title 63, unless there
423778 is created a duplication in numbering, reads as follows:
424-
425779 ARTICLE X
426-
427780 Establishment of the Inter state Commission for EMS Personnel
428781 Practice
429-
430782 A. The Compact states hereby create and establish a joint
431783 public agency known as the In terstate Commission for EMS Personnel
432784 Practice.
433-
434785 1. The Commission is a body politic and an instrumentality of
435786 the Compact states.
436-
437787 2. Venue is proper and judicial proceedings by or agai nst the
438788 Commission shall be brought solely and ex clusively in a court of
439789 competent jurisdiction where the principal office of the Commiss ion
440790 is located. The Commission may waive venue and juris dictional
441791 defenses to the extent it adopts or consents to part icipate in
442792 alternative dispute resolution proceed ings.
443-
444793 3. Nothing in this Compact shall be construed to be a waiver of
445794 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
449796 1. Each member state shall have and be limited to one
450797 delegate. The responsible official of the state EMS authority or
798+
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451824 his or her designee shall be the delegate to this Compact for each
452825 member state. Any delegate may be removed or suspended from office
453826 as provided by the law of the state from which the delegate is
454827 appointed. Any vacancy occurring in the Commission shall be fil led
455828 in accordance with the laws of the member state in which the vacancy
456829 exists. In the event that more than one board, office, or oth er
457830 agency with the legislative mandate to license EMS personnel at and
458831 above the level of EMT exists, the governor of the state will
459832 determine which entity will be responsible for assigning the
460833 delegate.
461-
462834 2. Each delegate shall be entitled to one vote with regard to
463835 the promulgation of rules and creation of bylaws and shall ot herwise
464836 have an opportunity to participate in the business and affairs of
465837 the Commission. A delegate shall vote in person or b y such other
466838 means as provided in the bylaws. The bylaws may provide for
467839 delegates' participation in meetings by telephone or ot her means of
468840 communication.
469-
470841 3. The Commission shall meet at least once during each calendar
471842 year. Additional meetings shall b e held as set forth in the bylaws.
472-
473843 4. All meetings shall be open t o the public, and public notice
474844 of meetings shall be given in the same manner as required under the
475845 rulemaking provisions in Article XII of this Compact.
476-
477846 5. The Commission may conven e in a closed, nonpublic meeting if
478847 the Commission must discuss:
479848
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480874 a. noncompliance of a member state with its obligations
481875 under the Compact,
482-
483876 b. the employment, compensation, discipline , or other
484877 personnel matters, practices , or procedures related to
485878 specific employees or other matters related to the
486879 Commission's internal personnel practices and
487880 procedures,
488-
489881 c. current, threatened, or reason ably anticipated
490882 litigation,
491- ENR. H. B. NO. 2422 Page 12
492883 d. negotiation of contracts for the purchase or sale of
493884 goods, services, or real estate ,
494-
495885 e. accusing any person of a crime or formally censuring
496886 any person,
497-
498887 f. disclosure of trade secrets or commercial or financial
499888 information that is privileged or confidential ,
500-
501889 g. disclosure of information of a personal nature where
502890 disclosure would constitute a clearly unwarran ted
503891 invasion of personal privacy ,
504-
505892 h. disclosure of investigatory records compiled for law
506893 enforcement purposes,
507-
508894 i. disclosure of information related to any i nvestigatory
509895 reports prepared by or on behalf of or for use of the
510896 Commission or other committee char ged with
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511923 responsibility of investigation or determinat ion of
512924 compliance issues pursuant to the Compact, or
513-
514925 j. matters specifically exempted from disclosu re by
515926 federal or member state statute.
516-
517927 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.
531939 C. The Commission shall, by a majority vo te of the delegates,
532940 prescribe bylaws and/or rules to govern its co nduct as may be
533941 necessary or appropriate to carry out the purpos es and exercise the
534942 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;
538944 2. Providing reasonable standards and procedures:
539-
540945 a. for the establishment and meetings of other
541946 committees, and
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543973 b. governing any general or specific delegation of any
544974 authority or function of the Commission;
545-
546975 3. Providing reasonable procedures for calling an d conducting
547976 meetings of the Commission, ensuring reasonable adv ance notice of
548977 all meetings, and providing an opportunity for attendance of such
549978 meetings by interested parties , with enumerated exceptions designed
550979 to protect the public 's interest, the priva cy of individuals, and
551980 proprietary information, including trade secrets. The Commission
552981 may meet in closed session only after a majority of the membership
553982 votes to close a meeting in whole or in part. As soon as
554983 practicable, the Commission must make publ ic a copy of the vote to
555984 close the meeting revealing the vote of each member with no proxy
556985 votes allowed;
557-
558986 4. Establishing the titles, duties, and authority and
559987 reasonable procedures for the election of the officers of the
560988 Commission;
561-
562989 5. Providing reasonable standards and procedures for the
563990 establishment of the person nel policies and programs of the
564991 Commission. Notwithstanding any civil service or other similar laws
565992 of any member state, the bylaws shall exclusively govern the
566993 personnel policies and prog rams of the Commission;
567-
568994 6. Promulgating a code of ethics to addre ss permissible and
569995 prohibited activities of Commission members and employees;
996+
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5711022 7. Providing a mechanism for winding up the operations of the
5721023 Commission and the equitable disposition of any surplus funds that
5731024 may exist after the termination of the Compact after the payment
5741025 and/or reserving of all of its debts and obligations;
575-
5761026 8. The Commission shall publish its bylaws and file a copy
5771027 thereof, and a copy of any amendment thereto, with the ap propriate
5781028 agency or officer in each of the member states, if any ;
579-
5801029 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
5831031 10. The Commission shall meet and take such actions as are
5841032 consistent with the provisions of this Compact and the bylaws.
585-
5861033 D. The Commission shall have the following powers:
587-
5881034 1. The authority to promulgate uniform rules to fac ilitate and
5891035 coordinate implementation and administr ation of this Compact. The
5901036 rules shall have the fo rce and effect of law an d shall be binding in
5911037 all member states;
592-
5931038 2. To bring and prosecute legal proceedings or actions in the
5941039 name of the Commission, prov ided that the standing of any state EMS
5951040 authority or other regulatory body responsible for EMS personnel
5961041 licensure to sue or be sued under applicable law shall not be
5971042 affected;
598-
5991043 3. To purchase and maintain insurance and bonds;
600-
6011044 4. To borrow, accept, or contract for services of personnel,
6021045 including, but not limited to, employees of a member state;
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6041072 5. To hire employees, elect or appoint officers, fix
6051073 compensation, define duties, grant such indi viduals appropriate
6061074 authority to carry out the purposes of the Compact, and to establish
6071075 the Commission's personnel policies and programs relating to
6081076 conflicts of interest, qualific ations of personnel, and other
6091077 related personnel matters;
610-
6111078 6. To accept any and all appropriate donations and grants of
6121079 money, equipment, su pplies, materials, and services, and to receive,
6131080 utilize, and dispose of the same; provided that at all times the
6141081 Commission shall strive to avoid any appearance of impropriety
6151082 and/or conflict of interest;
616-
6171083 7. To lease, purchase, accept appropriate gifts o r donations
6181084 of, or otherwise to own, hold, improv e, or use, any property, real,
6191085 personal, or mixed; provided that at all ti mes the Commission shall
6201086 strive to avoid any appearance of impropri ety;
621-
6221087 8. To sell, convey, mortgage, pledge, lease, exchange, abandon,
6231088 or otherwise dispose of any property real, personal, or mixed;
624-
6251089 9. To establish a budget and make expenditures;
626- ENR. H. B. NO. 2422 Page 15
6271090 10. To borrow money;
628-
6291091 11. To appoint committees, including advisory commit tees,
6301092 comprised of members, state regulators, state legislators or their
6311093 representatives, and consumer represent atives, and such other
6321094 interested persons as may be designated in this Compact and the
6331095 bylaws;
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6351122 12. To provide and receive information from, and to cooperate
6361123 with, law enforcement agencies;
637-
6381124 13. To adopt and use an official seal; and
639-
6401125 14. To perform such other functions as may be necessary or
6411126 appropriate to achieve the purposes of this Compact consistent with
6421127 the state regulation of EMS personnel licensure and practice.
643-
6441128 E. Financing of the Commission
645-
6461129 1. The Commission shall pay, or provide for the payment o f, the
6471130 reasonable expenses of its establishment, organization , and ongoing
6481131 activities.
649-
6501132 2. The Commission may accept any and a ll appropriate revenue
6511133 sources, donations, and grants of money, equipment, supplie s,
6521134 materials, and services.
653-
6541135 3. The Commission may levy on and collect an annual assessment
6551136 from each member state or imp ose fees on other parties to cover the
6561137 cost of the operations and activities of the Commission and its
6571138 staff, which must be in a total amount sufficient to cover its
6581139 annual budget as approved each year for wh ich revenue is not
6591140 provided by other sources. T he aggregate annual assessment amount
6601141 shall be allocated based upon a formula to be determined by the
6611142 Commission, which shall promulgat e a rule binding upon all member
6621143 states.
663-
6641144 4. The Commission shall not incur o bligations of any kind prior
6651145 to securing the funds adequate to meet the same , nor shall the
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6661172 Commission pledge the credit of any of the member states, except by
6671173 and with the authority of the member state.
668-
6691174 5. The Commission shall keep accurate accounts of all r eceipts
6701175 and disbursements. The receipts and disbursements of the Commission
671-shall be subject to the audit and accounting procedures established ENR. H. B. NO. 2422 Page 16
1176+shall be subject to the audit and accounting procedures established
6721177 under its bylaws. However, al l receipts and disbursements of funds
6731178 handled by the Commission shall b e audited yearly by a certified or
6741179 licensed public accountant, and the report of the audit shall be
6751180 included in and become part of the annual report of the Commission.
676-
6771181 F. Qualified Immunity, Defense, and Indemnification
678-
6791182 1. The members, officers, executive director, employees, and
6801183 representatives of th e Commission shall be immune from suit and
6811184 liability, either personal ly or in their official capacity, for any
6821185 claim for damage to or los s of property or personal injury or other
6831186 civil liability caused by or arising out of a ny actual or alleged
6841187 act, error, or omission that occurred, or that the person against
6851188 whom the claim is made had a reasonable basis for believing occurred
6861189 within the scope of Commission employment, duties, or
6871190 responsibilities; provided that nothing in this paragraph shall be
6881191 construed to protect any such person from suit and/or liability for
6891192 any damage, loss, injury, or liability caused by the intentional or
6901193 willful or wanton misconduct of that person.
691-
6921194 2. The Commission shall defend any m ember, officer, executive
6931195 director, employee, or representative of the Commission in any civil
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6941222 action seeking to impos e liability arising out of any actual or
6951223 alleged act, error, or omission that occurred within the scope o f
6961224 Commission employment, duties , or responsibilities, or that the
6971225 person against whom the claim is made had a reasonable basis for
6981226 believing occurred w ithin the scope of Commission employment,
6991227 duties, or responsibilities; provided that nothing in this paragraph
7001228 shall be construed to prohibit that person from retaining his or her
7011229 own counsel; and provided further, that the actual or alleged act ,
7021230 error, or omission did not result from that person's intentional or
7031231 willful or wanton misconduct.
704-
7051232 3. The Commission shall i ndemnify and hold harmless any m ember,
7061233 officer, executive director, employee, or representative of the
7071234 Commission for the amount of any settlement or judgment obtained
7081235 against that person arising out of any ac tual or alleged act, error,
7091236 or omission that occ urred within the scope of Commission employment,
7101237 duties, or responsibilities, or that such person had a reasonable
7111238 basis for believing occurred w ithin the scope of Commission
7121239 employment, duties, or responsibilities, provided that the actual or
7131240 alleged act, error, or omission did not result from the intentional
7141241 or willful or wanton misconduct of that person.
715- ENR. H. B. NO. 2422 Page 17
7161242 SECTION 11. NEW LAW A new section of law to be codified
7171243 in the Oklahoma Statutes as Section 1-2560 of Title 63, unless there
7181244 is created a duplication in numbering, reads as follows:
719-
7201245 ARTICLE XI
7211246
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7221272 Coordinated Database
723-
7241273 A. The Commission shall provide for the development and
7251274 maintenance of a coordinated database and reporting system
7261275 containing licensure, adverse action, and significant investigatory
7271276 information on all licensed individuals in member states.
728-
7291277 B. Notwithstanding any other provision of state law to the
7301278 contrary, a member state shal l submit a uniform data set to the
7311279 coordinated database on all individuals to whom this compact is
7321280 applicable as required by the rules of the Commissio n, including:
733-
7341281 1. Identifying information;
735-
7361282 2. Licensure data;
737-
7381283 3. Significant investigatory information;
739-
7401284 4. Adverse actions against an individual's license;
741-
7421285 5. An indicator that an individual 's privilege to practi ce is
7431286 restricted, suspended , or revoked;
744-
7451287 6. Nonconfidential information related t o alternative program
7461288 participation;
747-
7481289 7. Any denial of applicat ion for licensure, and the reason(s)
7491290 for such denial; and
750-
7511291 8. Other information that may facilitate the adminis tration of
7521292 this Compact, as determined by the rules of the Commission.
753-
7541293 C. The coordinated database administrator shall promptly notify
7551294 all member states of any adverse action taken against, or
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7561321 significant investigative information on, any individual in a member
7571322 state.
758- ENR. H. B. NO. 2422 Page 18
7591323 D. Member states contrib uting information to the coordinated
7601324 database may designate information that may not be shared with the
7611325 public without the express permission of the contributing state.
762-
7631326 E. Any information submitted to the coordinated database that
7641327 is subsequently require d to be expunged by the laws of the member
7651328 state contributing the information shall be removed from the
7661329 coordinated database.
767-
7681330 SECTION 12. NEW LAW A new secti on of law to be codified
7691331 in the Oklahoma Statutes as Section 1-2561 of Title 63, unless there
7701332 is created a duplication in numbe ring, reads as follows:
771-
7721333 ARTICLE XII
773-
7741334 Rulemaking
775-
7761335 A. The Commission shall exercise its rulemaking powers pursuant
7771336 to the criteria set fo rth in this section and the rules adopted
7781337 thereunder. Rules and amendments shall become binding as of the
7791338 date specified in each rule or amendment.
780-
7811339 B. If a majority of the legislatures of the member states
7821340 reject a rule, by enactment of a statute or reso lution in the same
7831341 manner used to adopt the Comp act, then such rule shall have no
7841342 further force and effect in any member state.
785-
7861343 C. Rules or amendments to the rules shall be adopted at a
7871344 regular or special meeting of the Commission.
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7891371 D. Prior to promulgation and adoption of a f inal rule or rules
7901372 by the Commission, and at least sixty (60) days in advance of the
7911373 meeting at which the rule will be considered and voted upon, the
7921374 Commission shall file a Notice of Proposed Rulemaking:
793-
7941375 1. On the website of the Com mission; and
795-
7961376 2. On the website of each member state's EMS authority or the
7971377 publication in which each state would otherwise publish proposed
7981378 rules.
799-
8001379 E. The Notice of Proposed Rulemakin g shall include:
801-
8021380 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;
8051382 2. The text of the proposed rule or amendment and the reason
8061383 for the proposed rule or amendment;
807-
8081384 3. A request for comments on the proposed rule or amendment
8091385 from any interested person; a nd
810-
8111386 4. The manner in which interested persons ma y submit notice to
8121387 the Commission of the ir intention to attend the public hearing and
8131388 any written comments.
814-
8151389 F. Prior to adoption of a proposed r ule or amendment, the
8161390 Commission shall allow persons to submit written data, facts,
8171391 opinions, and arguments, wh ich shall be made available to the
8181392 public.
8191393
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8201419 G. The Commission shall grant an opportunity for a public
8211420 hearing before it adopts a rule or amendmen t if a hearing is
8221421 requested by:
823-
8241422 1. At least twenty-five persons;
825-
8261423 2. A governmental subdivision or agency; or
827-
8281424 3. An association having at least twenty -five members.
829-
8301425 H. If a hearing is held on the proposed rule or amendment, the
8311426 Commission shall pub lish the place, time, and date of the scheduled
8321427 public hearing.
833-
8341428 1. All persons wishing to be heard at the hear ing shall notify
8351429 the executive director of the Commission or other designa ted member
8361430 in writing of their desire to appear and testify at the he aring not
8371431 less than five (5) business days before the scheduled date o f the
8381432 hearing.
839-
8401433 2. Hearings shall be conduc ted in a manner providing each
8411434 person who wishes to comment a fair and reasona ble opportunity to
8421435 comment orally or in writing.
843-
8441436 3. No transcript of the hearing is required, unless a written
8451437 request for a transcript is made, in which case the person
8461438 requesting the transcript shall bear the cost of producing the
8471439 transcript. A recording may be made in lieu of a transcript under
848-the same terms and conditions as a transcript. This paragraph shall ENR. H. B. NO. 2422 Page 20
1440+the same terms and conditions as a transcript. This paragraph shall
8491441 not preclude the Commission from making a transcri pt or recording of
8501442 the hearing if it so chooses.
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8511468
8521469 4. Nothing in this section shall be construed as requiring a
8531470 separate hearing on each rule or amendment. Rules or amendments may
8541471 be grouped for the convenience of the Commission at hearings
8551472 required by this section.
856-
8571473 I. Following the scheduled hearing date, or by the close of
8581474 business on the scheduled hearing date if the hearing was not held,
8591475 the Commission shall consider all written and oral comments
8601476 received.
861-
8621477 J. The Commission shall, by majority vot e of all members, take
8631478 final action on the proposed rule or amendment and shall determine
8641479 the effective date of the rule, if any, based on the rulema king
8651480 record and the full text of the rule.
866-
8671481 K. If no written notice of intent to a ttend the public hearing
8681482 by interested parties is received, the Commission may proceed with
8691483 promulgation of the proposed rule or amendment without a public
8701484 hearing.
871-
8721485 L. Upon determination that a n emergency exists, the Commission
8731486 may consider and adopt an em ergency rule without prior notice,
8741487 opportunity for comment, or hearing, provided that the usual
8751488 rulemaking procedures provided in the Compact and in this section
8761489 shall be retroactively applied to the rule as soon as reasonably
8771490 possible, in no event later t han ninety (90) days after the
8781491 effective date of the rule. For the purposes of this subsection, an
8791492 emergency rule is one that must be adopted immediately in ord er to:
8801493
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8811519 1. Meet an imminent thre at to public health, safety, or
8821520 welfare;
883-
8841521 2. Prevent a loss of Commission or member state funds;
885-
8861522 3. Meet a deadline for the promulgation of an administrative
8871523 rule that is established by federal law or rule; or
888-
8891524 4. Protect public health and safety.
890-
8911525 M. The Commission or an authorized committee of the Commission
8921526 may direct revisions to a previously adop ted rule or amendment for
893-purposes of correcting typographical errors, errors in format, ENR. H. B. NO. 2422 Page 21
1527+purposes of correcting typographical errors, errors in format,
8941528 errors in consistency, or grammatical errors. Public notice of any
8951529 revisions shall be posted on the website of the Commission. The
8961530 revision shall be subject to challe nge by any person for a period of
8971531 thirty (30) days after posting. The revision may be challenged only
8981532 on grounds that the re vision results in a material cha nge to a rule
8991533 or amendment. A challenge shall be made in writi ng and delivered to
9001534 the chair of the Commission prior to the end of the notice perio d.
9011535 If no challenge is made, the revision will take effect without
9021536 further action. If the revision is challe nged, the revision may not
9031537 take effect without the approval of the Commission.
904-
9051538 SECTION 13. NEW LAW A new section of law to be codified
9061539 in the Oklahoma Statutes as Section 1-2562 of Title 63, unless there
9071540 is created a duplication in numbering, reads as follows:
908-
9091541 ARTICLE XIII
910-
9111542 Oversight, Dispute Resolutions, and Enforcement
9121543
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9131569 A. Oversight
914-
9151570 1. The executive, legislative, and judicial branches of state
9161571 government in each member state shall enforce this Compact and take
9171572 all necessary and appropriate actions to effectuate the Compact's
9181573 purposes and intent. The provisions of this Compact and the rules
9191574 promulgated hereunder shall have standing as statutory law.
920-
9211575 2. All courts shall take judicial noti ce of the compact and the
9221576 rules in any judicial or administra tive proceeding in a member state
9231577 pertaining to the subject matter of this compact which may affect
9241578 the powers, responsibilities, or actions of the Commission.
925-
9261579 3. The Commission shall be entitle d to receive service of
9271580 process in any such proceeding, and s hall have standing to intervene
9281581 in such a proceeding for all purposes. Failure to provide service
9291582 of process to the Commission shall render a judgment or order void
9301583 as to the Commission, this Compact, or promulgated rules.
931-
9321584 B. Default, Technical Assistanc e, and Termination
933-
9341585 1. If the Commission determines that a member state has
9351586 defaulted in the performance of its obligations or responsibilities
9361587 under this Compact or the promulgated rules, th e Commission shall:
937- ENR. H. B. NO. 2422 Page 22
9381588 a. provide written notice to the defaulting s tate and
9391589 other member states of the nature of the default, the
9401590 proposed means of curing the default, and/or any other
9411591 action to be taken by the Commission , and
9421592
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9431618 b. provide remedial trai ning and specific technical
9441619 assistance regarding the default.
945-
9461620 2. If a state in default fails to cure the default, the
9471621 defaulting state may be terminated from the Compact upon an
9481622 affirmative vote of a majori ty of the member states, and all rights,
9491623 privileges, and benefits conferred by this Compact may be terminated
9501624 on the effective date of termination. A cure of the default does
9511625 not relieve the offending state of obligations or liabil ities
9521626 incurred during the period of default.
953-
9541627 3. Termination of membe rship in the Compact shall be imposed
9551628 only after all other means of securing compliance have been
9561629 exhausted. Notice of intent to suspend or terminate shall be given
9571630 by the Commission to the governor, the majority and minority leaders
9581631 of the defaulting sta te's legislature, and each of the member
9591632 states.
960-
9611633 4. A state that has been terminated is responsible for all
9621634 assessments, obligations, and liabilities incurred through the
9631635 effective date of termination, including obligat ions that extend
9641636 beyond the effective date of termination.
965-
9661637 5. The Commission shall not bear any costs related t o a state
9671638 that is found to be in default or that has been terminated from the
9681639 Compact, unless agreed upon in wr iting between the Commission and
9691640 the defaulting state.
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9711667 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.
9771672 C. Dispute Resolution
978-
9791673 1. Upon request by a member state, the Commission shall attempt
9801674 to resolve disputes related to the Compact that arise among member
9811675 states and between member and non member states.
982- ENR. H. B. NO. 2422 Page 23
9831676 2. The Commission shall promulgate a rule provid ing for both
9841677 mediation and binding disp ute resolution for disputes as
9851678 appropriate.
986-
9871679 D. Enforcement
988-
9891680 1. The Commission, in the reasonabl e exercise of its
9901681 discretion, shall enforce the provisions and r ules of this Compact.
991-
9921682 2. By majority vote, the Commission may ini tiate legal action
9931683 in the United States District Court for the District of Columbia or
9941684 the federal district where the Commission has its principal offices
9951685 against a member state in default to enforce compliance with the
9961686 provisions of the Compact and its promulgated rules and bylaws. The
9971687 relief sought may include both injunctive relief and damages . In
9981688 the event judicial enforcement i s necessary, the prevailing member
9991689 shall be awarded all c osts of such litigation, including reasonable
10001690 attorney fees.
10011691
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10021717 3. The remedies herein shall not be the exclusive remedies of
10031718 the Commission. The Commission may p ursue any other remedies
10041719 available under federal or state law.
1005-
10061720 SECTION 14. NEW LAW A new section of law to be codified
10071721 in the Oklahoma Statutes as Section 1-2563 of Title 63, unless there
10081722 is created a duplication in numbering, reads as follows:
1009-
10101723 ARTICLE XIV
1011-
10121724 Date of Implementation of t he Interstate Commission for EMS
10131725 Personnel Practice and Associated Rules, Withdrawal, and Amendment
1014-
10151726 A. The Compact shall come into effect on the date on whi ch the
10161727 compact statute is enacted into law in the tenth membe r state. The
10171728 provisions, which become eff ective at that time, shall be limited to
10181729 the powers granted to the Commission relating to assembly and the
10191730 promulgation of rules. Thereafter, the Commis sion shall meet and
10201731 exercise rulemaking powers necessary to t he implementation and
10211732 administration of th e Compact.
1022-
10231733 B. Any state that joins the Compact subsequent to the
10241734 Commission's initial adoption of the rules shall be subject to the
10251735 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 ENR. H. B. NO. 2422 Page 24
1736+that state. Any rule that has been previously adopted by the
10271737 Commission shall have the full force and effect of law on the day
10281738 the Compact becomes law in that state.
1029-
10301739 C. Any member state may withdraw from th is Compact by enacting
10311740 a statute repealing the same.
10321741
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10331767 1. A member state's withdrawal shall not take effect unti l six
10341768 (6) months after enactment of the repealing statute.
1035-
10361769 2. Withdrawal shall not affect the continuing requirement of
10371770 the withdrawing state 's EMS authority to comply with the
10381771 investigative and adverse a ction reporting requirements of this
10391772 Compact prior to the effective date of withdrawal.
1040-
10411773 D. Nothing contained in this Compact shall be construed to
10421774 invalidate or prevent any EMS personnel licensur e agreement or other
10431775 cooperative arrangement between a member s tate and a nonmember state
10441776 that does not conflic t with the provisions of this Compact.
1045-
10461777 E. This Compact may be amended by the membe r states. No
10471778 amendment to this Compact shall become effective and binding upon
10481779 any member state until it is enacted into th e laws of all member
10491780 states.
1050-
10511781 SECTION 15. NEW LAW A new section of law to be codified
10521782 in the Oklahoma Statutes as Section 1-2564 of Title 63, unless there
10531783 is created a duplication in numbering, reads as follows:
1054-
10551784 ARTICLE XV
1056-
10571785 Construction and Sever ability
1058-
10591786 This Compact shall be liberally c onstrued so as to effectuate
10601787 the purposes thereof. If this Compact shall be held contrary t o the
10611788 constitution of any state member thereto, the Compact shall remain
10621789 in full force and effect as to the remaining member states. Nothing
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10631816 in this Compact supersedes state law or rules related to licensure
10641817 of EMS agencies.
1065-
10661818 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.
10691820
10701821
10711822
10721823
10731824 Presiding Officer of the House
10741825 of Representatives
10751826
10761827
1077-Passed the Senate the 27th day of April, 2023.
1828+Passed the Senate the ___ day of __________, 2023.
10781829
10791830
10801831
10811832
10821833 Presiding Officer of the Senate
10831834
10841835
10851836
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-