Texas 2015 - 84th Regular

Texas House Bill HB2497 Compare Versions

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1	1	84R7764 JSC-F
2	2	By: Martinez H.B. No. 2497
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a compact with other states regarding the licensure of
8	8	emergency medical services personnel and the authority of those
9	9	personnel to perform job duties in this state and other states.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
12	12	amended by adding Chapter 778A to read as follows:
13	13	CHAPTER 778A. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL
14	14	LICENSURE INTERSTATE COMPACT ("REPLICA")
15	15	Sec. 778A.001. EXECUTION OF INTERSTATE COMPACT. This
16	16	state enacts the EMS Personnel Licensure Interstate Compact and
17	17	enters into the compact with all other states legally joining in the
18	18	compact in substantially the following form:
19	19	EMS PERSONNEL LICENSURE INTERSTATE COMPACT.
20	20	Section 1. PURPOSE. In order to protect the public through
21	21	verification of competency and ensure accountability for patient
22	22	care related activities all states license emergency medical
23	23	services (EMS) personnel, such as emergency medical technicians
24	24	(EMTs), advanced EMTs and paramedics. This compact is intended to
25	25	facilitate the day to day movement of EMS personnel across state
26	26	boundaries in the performance of their EMS duties as assigned by an
27	27	appropriate authority and authorize state EMS offices to afford
28	28	immediate legal recognition to EMS personnel licensed in a member
29	29	state. This compact recognizes that states have a vested interest
30	30	in protecting the public's health and safety through their
31	31	licensing and regulation of EMS personnel and that such state
32	32	regulation shared among the member states will best protect public
33	33	health and safety. This compact is designed to achieve the
34	34	following purposes and objectives:
35	35	1. increase public access to EMS personnel;
36	36	2. enhance the states' ability to protect the public's
37	37	health and safety, especially patient safety;
38	38	3. encourage the cooperation of member states in the areas
39	39	of EMS personnel licensure and regulation;
40	40	4. support licensing of military members who are separating
41	41	from an active duty tour and their spouses;
42	42	5. facilitate the exchange of information between member
43	43	states regarding EMS personnel licensure, adverse action and
44	44	significant investigatory information;
45	45	6. promote compliance with the laws governing EMS personnel
46	46	practice in each member state; and
47	47	7. invest all member states with the authority to hold EMS
48	48	personnel accountable through the mutual recognition of member
49	49	state licenses.
50	50	Section 2. DEFINITIONS. In this compact:
51	51	A. "Advanced emergency medical technician (AEMT)" means: an
52	52	individual licensed with cognitive knowledge and a scope of
53	53	practice that corresponds to that level in the National EMS
54	54	Education Standards and National EMS Scope of Practice Model.
55	55	B. "Adverse action" means: any administrative, civil,
56	56	equitable or criminal action permitted by a state's laws which may
57	57	be imposed against licensed EMS personnel by a state EMS authority
58	58	or state court, including, but not limited to, actions against an
59	59	individual's license such as revocation, suspension, probation,
60	60	consent agreement, monitoring or other limitation or encumbrance on
61	61	the individual's practice, letters of reprimand or admonition,
62	62	fines, criminal convictions and state court judgments enforcing
63	63	adverse actions by the state EMS authority.
64	64	C. "Alternative program" means: a voluntary,
65	65	non-disciplinary substance abuse recovery program approved by a
66	66	state EMS authority.
67	67	D. "Certification" means: the successful verification of
68	68	entry-level cognitive and psychomotor competency using a reliable,
69	69	validated, and legally defensible examination.
70	70	E. "Commission" means: the national administrative body of
71	71	which all states that have enacted the compact are members.
72	72	F. "Emergency medical technician (EMT)" means: an
73	73	individual licensed with cognitive knowledge and a scope of
74	74	practice that corresponds to that level in the National EMS
75	75	Education Standards and National EMS Scope of Practice Model.
76	76	G. "Home state" means: a member state where an individual is
77	77	licensed to practice emergency medical services.
78	78	H. "License" means: the authorization by a state for an
79	79	individual to practice as an EMT, AEMT, paramedic, or a level in
80	80	between EMT and paramedic.
81	81	I. "Medical director" means: a physician licensed in a
82	82	member state who is accountable for the care delivered by EMS
83	83	personnel.
84	84	J. "Member state" means: a state that has enacted this
85	85	compact.
86	86	K. "Privilege to practice" means: an individual's authority
87	87	to deliver emergency medical services in remote states as
88	88	authorized under this compact.
89	89	L. "Paramedic" means: an individual licensed with cognitive
90	90	knowledge and a scope of practice that corresponds to that level in
91	91	the National EMS Education Standards and National EMS Scope of
92	92	Practice Model.
93	93	M. "Remote state" means: a member state in which an
94	94	individual is not licensed.
95	95	N. "Restricted" means: the outcome of an adverse action that
96	96	limits a license or the privilege to practice.
97	97	O. "Rule" means: a written statement by the interstate
98	98	commission promulgated pursuant to Section 12 of this compact that
99	99	is of general applicability; implements, interprets, or prescribes
100	100	a policy or provision of the compact; or is an organizational,
101	101	procedural, or practice requirement of the commission and has the
102	102	force and effect of statutory law in a member state and includes the
103	103	amendment, repeal, or suspension of an existing rule.
104	104	P. "Scope of practice" means: defined parameters of various
105	105	duties or services that may be provided by an individual with
106	106	specific credentials. Whether regulated by rule, statute, or court
107	107	decision, it tends to represent the limits of services an
108	108	individual may perform.
109	109	Q. "Significant investigatory information" means:
110	110	1. investigative information that a state EMS
111	111	authority, after a preliminary inquiry that includes notification
112	112	and an opportunity to respond if required by state law, has reason
113	113	to believe, if proved true, would result in the imposition of an
114	114	adverse action on a license or privilege to practice; or
115	115	2. investigative information that indicates that the
116	116	individual represents an immediate threat to public health and
117	117	safety regardless of whether the individual has been notified and
118	118	had an opportunity to respond.
119	119	R. "State" means: any state, commonwealth, district, or
120	120	territory of the United States.
121	121	S. "State EMS authority" means: the board, office, or other
122	122	agency with the legislative mandate to license EMS personnel.
123	123	Section 3. HOME STATE LICENSURE. A. Any member state in
124	124	which an individual holds a current license shall be deemed a home
125	125	state for purposes of this compact.
126	126	B. Any member state may require an individual to obtain and
127	127	retain a license to be authorized to practice in the member state
128	128	under circumstances not authorized by the privilege to practice
129	129	under the terms of this compact.
130	130	C. A home state's license authorizes an individual to
131	131	practice in a remote state under the privilege to practice only if
132	132	the home state:
133	133	1. currently requires the use of the National Registry
134	134	of Emergency Medical Technicians (NREMT) examination as a condition
135	135	of issuing initial licenses at the EMT and paramedic levels;
136	136	2. has a mechanism in place for receiving and
137	137	investigating complaints about individuals;
138	138	3. notifies the commission, in compliance with the
139	139	terms herein, of any adverse action or significant investigatory
140	140	information regarding an individual;
141	141	4. no later than five years after activation of the
142	142	compact, requires a criminal background check of all applicants for
143	143	initial licensure, including the use of the results of fingerprint
144	144	or other biometric data checks compliant with the requirements of
145	145	the Federal Bureau of Investigation with the exception of federal
146	146	employees who have suitability determination in accordance with 5
147	147	C.F.R. Section 731.202 and submit documentation of such as
148	148	promulgated in the rules of the commission; and
149	149	5. complies with the rules of the commission.
150	150	Section 4. COMPACT PRIVILEGE TO PRACTICE. A. Member states
151	151	shall recognize the privilege to practice of an individual licensed
152	152	in another member state that is in conformance with Section 3.
153	153	B. To exercise the privilege to practice under the terms and
154	154	provisions of this compact, an individual must:
155	155	1. be at least 18 years of age;
156	156	2. possess a current unrestricted license in a member
157	157	state as an EMT, AEMT, paramedic, or state recognized and licensed
158	158	level with a scope of practice and authority between EMT and
159	159	paramedic; and
160	160	3. practice under the supervision of a medical
161	161	director.
162	162	C. An individual providing patient care in a remote state
163	163	under the privilege to practice shall function within the scope of
164	164	practice authorized by the home state unless and until modified by
165	165	an appropriate authority in the remote state as may be defined in
166	166	the rules of the commission.
167	167	D. Except as provided in Section 4.C. of this compact, an
168	168	individual practicing in a remote state will be subject to the
169	169	remote state's authority and laws. A remote state may, in
170	170	accordance with due process and that state's laws, restrict,
171	171	suspend, or revoke an individual's privilege to practice in the
172	172	remote state and may take any other necessary actions to protect the
173	173	health and safety of its citizens. If a remote state takes action it
174	174	shall promptly notify the home state and the commission.
175	175	E. If an individual's license in any home state is
176	176	restricted or suspended, the individual shall not be eligible to
177	177	practice in a remote state under the privilege to practice until the
178	178	individual's home state license is restored.
179	179	F. If an individual's privilege to practice in any remote
180	180	state is restricted, suspended, or revoked the individual shall not
181	181	be eligible to practice in any remote state until the individual's
182	182	privilege to practice is restored.
183	183	Section 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. An
184	184	individual may practice in a remote state under a privilege to
185	185	practice only in the performance of the individual's EMS duties as
186	186	assigned by an appropriate authority, as defined in the rules of the
187	187	commission, and under the following circumstances:
188	188	1. the individual originates a patient transport in a home
189	189	state and transports the patient to a remote state;
190	190	2. the individual originates in the home state and enters a
191	191	remote state to pick up a patient and provide care and transport of
192	192	the patient to the home state;
193	193	3. the individual enters a remote state to provide patient
194	194	care and/or transport within that remote state;
195	195	4. the individual enters a remote state to pick up a patient
196	196	and provide care and transport to a third member state; or
197	197	5. other conditions as determined by rules promulgated by
198	198	the commission.
199	199	Section 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE
200	200	COMPACT. Upon a member state's governor's declaration of a state of
201	201	emergency or disaster that activates the Emergency Management
202	202	Assistance Compact (EMAC), all relevant terms and provisions of
203	203	EMAC shall apply and to the extent any terms or provisions of this
204	204	compact conflicts with EMAC, the terms of EMAC shall prevail with
205	205	respect to any individual practicing in the remote state in
206	206	response to such declaration.
207	207	Section 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE
208	208	DUTY MILITARY, AND THEIR SPOUSES. A. Member states shall consider
209	209	a veteran, active military service member, and member of the
210	210	National Guard and Reserves separating from an active duty tour,
211	211	and a spouse thereof, who holds a current valid and unrestricted
212	212	NREMT certification at or above the level of the state license being
213	213	sought as satisfying the minimum training and examination
214	214	requirements for such licensure.
215	215	B. Member states shall expedite the processing of licensure
216	216	applications submitted by veterans, active military service
217	217	members, and members of the National Guard and Reserves separating
218	218	from an active duty tour, and their spouses.
219	219	C. All individuals functioning with a privilege to practice
220	220	under this section remain subject to the adverse actions provisions
221	221	of Section 8 of this compact.
222	222	Section 8. ADVERSE ACTIONS. A. A home state shall have
223	223	exclusive power to impose adverse action against an individual's
224	224	license issued by the home state.
225	225	B. If an individual's license in any home state is
226	226	restricted or suspended, the individual shall not be eligible to
227	227	practice in a remote state under the privilege to practice until the
228	228	individual's home state license is restored.
229	229	1. All home state adverse action orders shall include
230	230	a statement that the individual's compact privileges are inactive.
231	231	The order may allow the individual to practice in remote states with
232	232	prior written authorization from both the home state and remote
233	233	state's EMS authority.
234	234	2. An individual currently subject to adverse action
235	235	in the home state shall not practice in any remote state without
236	236	prior written authorization from both the home state and remote
237	237	state's EMS authority.
238	238	C. A member state shall report adverse actions and any
239	239	occurrences that the individual's compact privileges are
240	240	restricted, suspended, or revoked to the commission in accordance
241	241	with the rules of the commission.
242	242	D. A remote state may take adverse action on an individual's
243	243	privilege to practice within that state.
244	244	E. Any member state may take adverse action against an
245	245	individual's privilege to practice in that state based on the
246	246	factual findings of another member state, so long as each state
247	247	follows its own procedures for imposing such adverse action.
248	248	F. A home state's EMS authority shall investigate and take
249	249	appropriate action with respect to reported conduct in a remote
250	250	state as it would if such conduct had occurred within the home
251	251	state. In such cases, the home state's law shall control in
252	252	determining the appropriate adverse action.
253	253	G. Nothing in this compact shall override a member state's
254	254	decision that participation in an alternative program may be used
255	255	in lieu of adverse action and that such participation shall remain
256	256	non-public if required by the member state's laws. Member states
257	257	must require individuals who enter any alternative programs to
258	258	agree not to practice in any other member state during the term of
259	259	the alternative program without prior authorization from such other
260	260	member state.
261	261	Section 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S
262	262	EMS AUTHORITY. A member state's EMS authority, in addition to any
263	263	other powers granted under state law, is authorized under this
264	264	compact to:
265	265	1. issue subpoenas for both hearings and investigations
266	266	that require the attendance and testimony of witnesses and the
267	267	production of evidence; subpoenas issued by a member state's EMS
268	268	authority for the attendance and testimony of witnesses, and/or the
269	269	production of evidence from another member state, shall be enforced
270	270	in the remote state by any court of competent jurisdiction,
271	271	according to that court's practice and procedure in considering
272	272	subpoenas issued in its own proceedings; the issuing state EMS
273	273	authority shall pay any witness fees, travel expenses, mileage, and
274	274	other fees required by the service statutes of the state where the
275	275	witnesses and/or evidence are located; and
276	276	2. issue cease and desist orders to restrict, suspend, or
277	277	revoke an individual's privilege to practice in the state.
278	278	Section 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR
279	279	EMS PERSONNEL PRACTICE. A. The compact states hereby create and
280	280	establish a joint public agency known as the Interstate Commission
281	281	for EMS Personnel Practice.
282	282	1. The commission is a body politic and an
283	283	instrumentality of the compact states.
284	284	2. Venue is proper and judicial proceedings by or
285	285	against the commission shall be brought solely and exclusively in a
286	286	court of competent jurisdiction where the principal office of the
287	287	commission is located. The commission may waive venue and
288	288	jurisdictional defenses to the extent it adopts or consents to
289	289	participate in alternative dispute resolution proceedings.
290	290	3. Nothing in this compact shall be construed to be a
291	291	waiver of sovereign immunity.
292	292	B. Membership, Voting, and Meetings. 1. Each member state
293	293	shall have and be limited to one delegate. The responsible official
294	294	of the state EMS authority or his designee shall be the delegate to
295	295	this compact for each member state. Any delegate may be removed or
296	296	suspended from office as provided by the law of the state from which
297	297	the delegate is appointed. Any vacancy occurring in the commission
298	298	shall be filled in accordance with the laws of the member state in
299	299	which the vacancy exists. In the event that more than one board,
300	300	office, or other agency with the legislative mandate to license EMS
301	301	personnel at and above the level of EMT exists, the governor of the
302	302	state will determine which entity will be responsible for assigning
303	303	the delegate.
304	304	2. Each delegate shall be entitled to one vote with
305	305	regard to the promulgation of rules and creation of bylaws and shall
306	306	otherwise have an opportunity to participate in the business and
307	307	affairs of the commission. A delegate shall vote in person or by
308	308	such other means as provided in the bylaws. The bylaws may provide
309	309	for delegates' participation in meetings by telephone or other
310	310	means of communication.
311	311	3. The commission shall meet at least once during each
312	312	calendar year. Additional meetings shall be held as set forth in the
313	313	bylaws.
314	314	4. All meetings shall be open to the public, and public
315	315	notice of meetings shall be given in the same manner as required
316	316	under the rulemaking provisions in Section 12 of this compact.
317	317	5. The commission may convene in a closed, non-public
318	318	meeting if the commission must discuss:
319	319	a. non-compliance of a member state with its
320	320	obligations under the compact;
321	321	b. the employment, compensation, discipline or
322	322	other personnel matters, practices or procedures related to
323	323	specific employees or other matters related to the commission's
324	324	internal personnel practices and procedures;
325	325	c. current, threatened, or reasonably
326	326	anticipated litigation;
327	327	d. negotiation of contracts for the purchase or
328	328	sale of goods, services, or real estate;
329	329	e. accusing any person of a crime or formally
330	330	censuring any person;
331	331	f. disclosure of trade secrets or commercial or
332	332	financial information that is privileged or confidential;
333	333	g. disclosure of information of a personal nature
334	334	where disclosure would constitute a clearly unwarranted invasion of
335	335	personal privacy;
336	336	h. disclosure of investigatory records compiled
337	337	for law enforcement purposes;
338	338	i. disclosure of information related to any
339	339	investigatory reports prepared by or on behalf of or for use of the
340	340	commission or other committee charged with responsibility of
341	341	investigation or determination of compliance issues pursuant to the
342	342	compact; or
343	343	j. matters specifically exempted from disclosure
344	344	by federal or member state statute.
345	345	6. If a meeting, or portion of a meeting, is closed
346	346	pursuant to this section, the commission's legal counsel or
347	347	designee shall certify that the meeting may be closed and shall
348	348	reference each relevant exempting provision. The commission shall
349	349	keep minutes that fully and clearly describe all matters discussed
350	350	in a meeting and shall provide a full and accurate summary of
351	351	actions taken, and the reasons therefore, including a description
352	352	of the views expressed. All documents considered in connection with
353	353	an action shall be identified in such minutes. All minutes and
354	354	documents of a closed meeting shall remain under seal, subject to
355	355	release by a majority vote of the commission or order of a court of
356	356	competent jurisdiction.
357	357	C. The commission shall, by a majority vote of the
358	358	delegates, prescribe bylaws and/or rules to govern its conduct as
359	359	may be necessary or appropriate to carry out the purposes and
360	360	exercise the powers of the compact, including but not limited to:
361	361	1. establishing the fiscal year of the commission;
362	362	2. providing reasonable standards and procedures:
363	363	a. for the establishment and meetings of other
364	364	committees; and
365	365	b. governing any general or specific delegation
366	366	of any authority or function of the commission;
367	367	3. providing reasonable procedures for calling and
368	368	conducting meetings of the commission, ensuring reasonable advance
369	369	notice of all meetings, and providing an opportunity for attendance
370	370	of such meetings by interested parties, with enumerated exceptions
371	371	designed to protect the public's interest, the privacy of
372	372	individuals, and proprietary information, including trade secrets.
373	373	The commission may meet in closed session only after a majority of
374	374	the membership votes to close a meeting in whole or in part. As soon
375	375	as practicable, the commission must make public a copy of the vote
376	376	to close the meeting revealing the vote of each member with no proxy
377	377	votes allowed;
378	378	4. establishing the titles, duties and authority, and
379	379	reasonable procedures for the election of the officers of the
380	380	commission;
381	381	5. providing reasonable standards and procedures for
382	382	the establishment of the personnel policies and programs of the
383	383	commission; notwithstanding any civil service or other similar laws
384	384	of any member state, the bylaws shall exclusively govern the
385	385	personnel policies and programs of the commission;
386	386	6. promulgating a code of ethics to address
387	387	permissible and prohibited activities of commission members and
388	388	employees;
389	389	7. providing a mechanism for winding up the operations
390	390	of the commission and the equitable disposition of any surplus
391	391	funds that may exist after the termination of the compact after the
392	392	payment and/or reserving of all of its debts and obligations;
393	393	8. the commission shall publish its bylaws and file a
394	394	copy thereof, and a copy of any amendment thereto, with the
395	395	appropriate agency or officer in each of the member states, if any;
396	396	9. the commission shall maintain its financial records
397	397	in accordance with the bylaws; and
398	398	10. the commission shall meet and take such actions as
399	399	are consistent with the provisions of this compact and the bylaws.
400	400	D. The commission shall have the following powers:
401	401	1. the authority to promulgate uniform rules to
402	402	facilitate and coordinate implementation and administration of
403	403	this compact; the rules shall have the force and effect of law and
404	404	shall be binding in all member states;
405	405	2. to bring and prosecute legal proceedings or actions
406	406	in the name of the commission, provided that the standing of any
407	407	state EMS authority or other regulatory body responsible for EMS
408	408	personnel licensure to sue or be sued under applicable law shall not
409	409	be affected;
410	410	3. to purchase and maintain insurance and bonds;
411	411	4. to borrow, accept, or contract for services of
412	412	personnel, including, but not limited to, employees of a member
413	413	state;
414	414	5. to hire employees, elect or appoint officers, fix
415	415	compensation, define duties, grant such individuals appropriate
416	416	authority to carry out the purposes of the compact, and to establish
417	417	the commission's personnel policies and programs relating to
418	418	conflicts of interest, qualifications of personnel, and other
419	419	related personnel matters;
420	420	6. to accept any and all appropriate donations and
421	421	grants of money, equipment, supplies, materials and services, and
422	422	to receive, utilize and dispose of the same; provided that at all
423	423	times the commission shall strive to avoid any appearance of
424	424	impropriety and/or conflict of interest;
425	425	7. to lease, purchase, accept appropriate gifts or
426	426	donations of, or otherwise to own, hold, improve or use, any
427	427	property, real, personal or mixed; provided that at all times the
428	428	commission shall strive to avoid any appearance of impropriety;
429	429	8. to sell convey, mortgage, pledge, lease, exchange,
430	430	abandon, or otherwise dispose of any property real, personal, or
431	431	mixed;
432	432	9. to establish a budget and make expenditures;
433	433	10. to borrow money;
434	434	11. to appoint committees, including advisory
435	435	committees comprised of members, state regulators, state
436	436	legislators or their representatives, and consumer
437	437	representatives, and such other interested persons as may be
438	438	designated in this compact and the bylaws;
439	439	12. to provide and receive information from, and to
440	440	cooperate with, law enforcement agencies;
441	441	13. to adopt and use an official seal; and
442	442	14. to perform such other functions as may be
443	443	necessary or appropriate to achieve the purposes of this compact
444	444	consistent with the state regulation of EMS personnel licensure and
445	445	practice.
446	446	E. Financing of the Commission. 1. The commission shall
447	447	pay, or provide for the payment of, the reasonable expenses of its
448	448	establishment, organization, and ongoing activities.
449	449	2. The commission may accept any and all appropriate
450	450	revenue sources, donations, and grants of money, equipment,
451	451	supplies, materials, and services.
452	452	3. The commission may levy on and collect an annual
453	453	assessment from each member state or impose fees on other parties to
454	454	cover the cost of the operations and activities of the commission
455	455	and its staff, which must be in a total amount sufficient to cover
456	456	its annual budget as approved each year for which revenue is not
457	457	provided by other sources. The aggregate annual assessment amount
458	458	shall be allocated based upon a formula to be determined by the
459	459	commission, which shall promulgate a rule binding upon all member
460	460	states.
461	461	4. The commission shall not incur obligations of any
462	462	kind prior to securing the funds adequate to meet the same; nor
463	463	shall the commission pledge the credit of any of the member states,
464	464	except by and with the authority of the member state.
465	465	5. The commission shall keep accurate accounts of all
466	466	receipts and disbursements. The receipts and disbursements of the
467	467	commission shall be subject to the audit and accounting procedures
468	468	established under its bylaws. However, all receipts and
469	469	disbursements of funds handled by the commission shall be audited
470	470	yearly by a certified or licensed public accountant, and the report
471	471	of the audit shall be included in and become part of the annual
472	472	report of the commission.
473	473	F. Qualified Immunity, Defense, and Indemnification. 1.
474	474	The members, officers, executive director, employees and
475	475	representatives of the commission shall be immune from suit and
476	476	liability, either personally or in their official capacity, for any
477	477	claim for damage to or loss of property or personal injury or other
478	478	civil liability caused by or arising out of any actual or alleged
479	479	act, error, or omission that occurred, or that the person against
480	480	whom the claim is made had a reasonable basis for believing occurred
481	481	within the scope of commission employment, duties, or
482	482	responsibilities; provided that nothing in this paragraph shall be
483	483	construed to protect any such person from suit and/or liability for
484	484	any damage, loss, injury, or liability caused by the intentional or
485	485	willful or wanton misconduct of that person.
486	486	2. The commission shall defend any member, officer,
487	487	executive director, employee or representative of the commission in
488	488	any civil action seeking to impose liability arising out of any
489	489	actual or alleged act, error, or omission that occurred within the
490	490	scope of commission employment, duties, or responsibilities, or
491	491	that the person against whom the claim is made had a reasonable
492	492	basis for believing occurred within the scope of commission
493	493	employment, duties, or responsibilities; provided that nothing
494	494	herein shall be construed to prohibit that person from retaining
495	495	his or her own counsel; and provided further, that the actual or
496	496	alleged act, error, or omission did not result from that person's
497	497	intentional or willful or wanton misconduct.
498	498	3. The commission shall indemnify and hold harmless
499	499	any member, officer, executive director, employee, or
500	500	representative of the commission for the amount of any settlement
501	501	or judgment obtained against that person arising out of any actual
502	502	or alleged act, error or omission that occurred within the scope of
503	503	commission employment, duties, or responsibilities, or that such
504	504	person had a reasonable basis for believing occurred within the
505	505	scope of commission employment, duties, or responsibilities,
506	506	provided that the actual or alleged act, error, or omission did not
507	507	result from the intentional or willful or wanton misconduct of that
508	508	person.
509	509	Section 11. COORDINATED DATABASE. A. The commission shall
510	510	provide for the development and maintenance of a coordinated
511	511	database and reporting system containing licensure, adverse
512	512	action, and significant investigatory information on all licensed
513	513	individuals in member states.
514	514	B. Notwithstanding any other provision of state law to the
515	515	contrary, a member state shall submit a uniform data set to the
516	516	coordinated database on all individuals to whom this compact is
517	517	applicable as required by the rules of the commission, including:
518	518	1. identifying information;
519	519	2. licensure data;
520	520	3. significant investigatory information;
521	521	4. adverse actions against an individual's license;
522	522	5. an indicator that an individual's privilege to
523	523	practice is restricted, suspended or revoked;
524	524	6. non-confidential information related to
525	525	alternative program participation;
526	526	7. any denial of application for licensure, and the
527	527	reason or reasons for such denial; and
528	528	8. other information that may facilitate the
529	529	administration of this compact, as determined by the rules of the
530	530	commission.
531	531	C. The coordinated database administrator shall promptly
532	532	notify all member states of any adverse action taken against, or
533	533	significant investigative information on, any individual in a
534	534	member state.
535	535	D. Member states contributing information to the
536	536	coordinated database may designate information that may not be
537	537	shared with the public without the express permission of the
538	538	contributing state.
539	539	E. Any information submitted to the coordinated database
540	540	that is subsequently required to be expunged by the laws of the
541	541	member state contributing the information shall be removed from the
542	542	coordinated database.
543	543	Section 12. RULEMAKING. A. The commission shall exercise
544	544	its rulemaking powers pursuant to the criteria set forth in this
545	545	section and the rules adopted thereunder. Rules and amendments
546	546	shall become binding as of the date specified in each rule or
547	547	amendment.
548	548	B. If a majority of the legislatures of the member states
549	549	rejects a rule, by enactment of a statute or resolution in the same
550	550	manner used to adopt the compact, then such rule shall have no
551	551	further force and effect in any member state.
552	552	C. Rules or amendments to the rules shall be adopted at a
553	553	regular or special meeting of the commission.
554	554	D. Prior to promulgation and adoption of a final rule or
555	555	rules by the commission, and at least 60 days in advance of the
556	556	meeting at which the rule will be considered and voted upon, the
557	557	commission shall file a notice of proposed rulemaking:
558	558	1. on the website of the commission; and
559	559	2. on the website of each member state EMS authority or
560	560	the publication in which each state would otherwise publish
561	561	proposed rules.
562	562	E. The notice of proposed rulemaking shall include:
563	563	1. the proposed time, date, and location of the
564	564	meeting in which the rule will be considered and voted upon;
565	565	2. the text of the proposed rule or amendment and the
566	566	reason for the proposed rule;
567	567	3. a request for comments on the proposed rule from any
568	568	interested person; and
569	569	4. the manner in which interested persons may submit
570	570	notice to the commission of their intention to attend the public
571	571	hearing and any written comments.
572	572	F. Prior to adoption of a proposed rule, the commission
573	573	shall allow persons to submit written data, facts, opinions, and
574	574	arguments, which shall be made available to the public.
575	575	G. The commission shall grant an opportunity for a public
576	576	hearing before it adopts a rule or amendment if a hearing is
577	577	requested by:
578	578	1. at least 25 persons;
579	579	2. a governmental subdivision or agency; or
580	580	3. an association having at least 25 members.
581	581	H. If a hearing is held on the proposed rule or amendment,
582	582	the commission shall publish the place, time, and date of the
583	583	scheduled public hearing.
584	584	1. All persons wishing to be heard at the hearing shall
585	585	notify the executive director of the commission or other designated
586	586	member in writing of their desire to appear and testify at the
587	587	hearing not less than 5 business days before the scheduled date of
588	588	the hearing.
589	589	2. Hearings shall be conducted in a manner providing
590	590	each person who wishes to comment a fair and reasonable opportunity
591	591	to comment orally or in writing.
592	592	3. No transcript of the hearing is required, unless a
593	593	written request for a transcript is made, in which case the person
594	594	requesting the transcript shall bear the cost of producing the
595	595	transcript. A recording may be made in lieu of a transcript under
596	596	the same terms and conditions as a transcript. This subsection
597	597	shall not preclude the commission from making a transcript or
598	598	recording of the hearing if it so chooses.
599	599	4. Nothing in this section shall be construed as
600	600	requiring a separate hearing on each rule. Rules may be grouped for
601	601	the convenience of the commission at hearings required by this
602	602	section.
603	603	I. Following the scheduled hearing date, or by the close of
604	604	business on the scheduled hearing date if the hearing was not held,
605	605	the commission shall consider all written and oral comments
606	606	received.
607	607	J. The commission shall, by majority vote of all members,
608	608	take final action on the proposed rule and shall determine the
609	609	effective date of the rule, if any, based on the rulemaking record
610	610	and the full text of the rule.
611	611	K. If no written notice of intent to attend the public
612	612	hearing by interested parties is received, the commission may
613	613	proceed with promulgation of the proposed rule without a public
614	614	hearing.
615	615	L. Upon determination that an emergency exists, the
616	616	commission may consider and adopt an emergency rule without prior
617	617	notice, opportunity for comment, or hearing, provided that the
618	618	usual rulemaking procedures provided in the compact and in this
619	619	section shall be retroactively applied to the rule as soon as
620	620	reasonably possible, in no event later than 90 days after the
621	621	effective date of the rule. For the purposes of this provision, an
622	622	emergency rule is one that must be adopted immediately in order to:
623	623	1. meet an imminent threat to public health, safety,
624	624	or welfare;
625	625	2. prevent a loss of commission or member state funds;
626	626	3. meet a deadline for the promulgation of an
627	627	administrative rule that is established by federal law or rule; or
628	628	4. protect public health and safety.
629	629	M. The commission or an authorized committee of the
630	630	commission may direct revisions to a previously adopted rule or
631	631	amendment for purposes of correcting typographical errors, errors
632	632	in format, errors in consistency, or grammatical errors. Public
633	633	notice of any revisions shall be posted on the website of the
634	634	commission. The revision shall be subject to challenge by any
635	635	person for a period of 30 days after posting. The revision may be
636	636	challenged only on grounds that the revision results in a material
637	637	change to a rule. A challenge shall be made in writing, and
638	638	delivered to the chair of the commission prior to the end of the
639	639	notice period. If no challenge is made, the revision will take
640	640	effect without further action. If the revision is challenged, the
641	641	revision may not take effect without the approval of the
642	642	commission.
643	643	Section 13. OVERSIGHT, DISPUTE RESOLUTION, AND
644	644	ENFORCEMENT. A. Oversight.
645	645	1. The executive, legislative, and judicial branches
646	646	of state government in each member state shall enforce this compact
647	647	and take all actions necessary and appropriate to effectuate the
648	648	compact's purposes and intent. The provisions of this compact and
649	649	the rules promulgated hereunder shall have standing as statutory
650	650	law.
651	651	2. All courts shall take judicial notice of the
652	652	compact and the rules in any judicial or administrative proceeding
653	653	in a member state pertaining to the subject matter of this compact
654	654	which may affect the powers, responsibilities or actions of the
655	655	commission.
656	656	3. The commission shall be entitled to receive service
657	657	of process in any such proceeding, and shall have standing to
658	658	intervene in such a proceeding for all purposes. Failure to provide
659	659	service of process to the commission shall render a judgment or
660	660	order void as to the commission, this compact, or promulgated
661	661	rules.
662	662	B. Default, Technical Assistance, and Termination. 1. If
663	663	the commission determines that a member state has defaulted in the
664	664	performance of its obligations or responsibilities under this
665	665	compact or the promulgated rules, the commission shall:
666	666	a. provide written notice to the defaulting state
667	667	and other member states of the nature of the default, the proposed
668	668	means of curing the default and/or any other action to be taken by
669	669	the commission; and
670	670	b. provide remedial training and specific
671	671	technical assistance regarding the default.
672	672	2. If a state in default fails to cure the default, the
673	673	defaulting state may be terminated from the compact upon an
674	674	affirmative vote of a majority of the member states, and all rights,
675	675	privileges and benefits conferred by this compact may be terminated
676	676	on the effective date of termination. A cure of the default does not
677	677	relieve the offending state of obligations or liabilities incurred
678	678	during the period of default.
679	679	3. Termination of membership in the compact shall be
680	680	imposed only after all other means of securing compliance have been
681	681	exhausted. Notice of intent to suspend or terminate shall be given
682	682	by the commission to the governor, the majority and minority
683	683	leaders of the defaulting state's legislature, and each of the
684	684	member states.
685	685	4. A state that has been terminated is responsible for
686	686	all assessments, obligations, and liabilities incurred through the
687	687	effective date of termination, including obligations that extend
688	688	beyond the effective date of termination.
689	689	5. The commission shall not bear any costs related to a
690	690	state that is found to be in default or that has been terminated
691	691	from the compact, unless agreed upon in writing between the
692	692	commission and the defaulting state.
693	693	6. The defaulting state may appeal the action of the
694	694	commission by petitioning the U.S. District Court for the District
695	695	of Columbia or the federal district where the commission has its
696	696	principal offices. The prevailing member shall be awarded all costs
697	697	of such litigation, including reasonable attorney's fees.
698	698	C. Dispute Resolution. 1. Upon request by a member state,
699	699	the commission shall attempt to resolve disputes related to the
700	700	compact that arise among member states and between member and
701	701	non-member states.
702	702	2. The commission shall promulgate a rule providing
703	703	for both mediation and binding dispute resolution for disputes as
704	704	appropriate.
705	705	D. Enforcement. 1. The commission, in the reasonable
706	706	exercise of its discretion, shall enforce the provisions and rules
707	707	of this compact.
708	708	2. By majority vote, the commission may initiate legal
709	709	action in the United States District Court for the District of
710	710	Columbia or the federal district where the commission has its
711	711	principal offices against a member state in default to enforce
712	712	compliance with the provisions of the compact and its promulgated
713	713	rules and bylaws. The relief sought may include both injunctive
714	714	relief and damages. In the event judicial enforcement is necessary,
715	715	the prevailing member shall be awarded all costs of such
716	716	litigation, including reasonable attorney's fees.
717	717	3. The remedies herein shall not be the exclusive
718	718	remedies of the commission. The commission may pursue any other
719	719	remedies available under federal or state law.
720	720	Section 14. DATE OF IMPLEMENTATION OF THE INTERSTATE
721	721	COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES,
722	722	WITHDRAWAL, AND AMENDMENT. A. The compact shall come into effect
723	723	on the date on which the compact statute is enacted into law in the
724	724	tenth member state. The provisions, which become effective at that
725	725	time, shall be limited to the powers granted to the commission
726	726	relating to assembly and the promulgation of rules. Thereafter, the
727	727	commission shall meet and exercise rulemaking powers necessary to
728	728	the implementation and administration of the compact.
729	729	B. Any state that joins the compact subsequent to the
730	730	commission's initial adoption of the rules shall be subject to the
731	731	rules as they exist on the date on which the compact becomes law in
732	732	that state. Any rule that has been previously adopted by the
733	733	commission shall have the full force and effect of law on the day
734	734	the compact becomes law in that state.
735	735	C. Any member state may withdraw from this compact by
736	736	enacting a statute repealing the same.
737	737	1. A member state's withdrawal shall not take effect
738	738	until six months after enactment of the repealing statute.
739	739	2. Withdrawal shall not affect the continuing
740	740	requirement of the withdrawing state's EMS authority to comply with
741	741	the investigative and adverse action reporting requirements of this
742	742	compact prior to the effective date of withdrawal.
743	743	D. Nothing contained in this compact shall be construed to
744	744	invalidate or prevent any EMS personnel licensure agreement or
745	745	other cooperative arrangement between a member state and a
746	746	non-member state that does not conflict with the provisions of this
747	747	compact.
748	748	E. This compact may be amended by the member states. No
749	749	amendment to this compact shall become effective and binding upon
750	750	any member state until it is enacted into the laws of all member
751	751	states.
752	752	Section 15. CONSTRUCTION AND SEVERABILITY. This compact
753	753	shall be liberally construed so as to effectuate the purposes
754	754	thereof. If this compact shall be held contrary to the constitution
755	755	of any state member thereto, the compact shall remain in full force
756	756	and effect as to the remaining member states. Nothing in this
757	757	compact supersedes state law or rules related to licensure of EMS
758	758	agencies.
759	759	SECTION 2. This Act takes effect September 1, 2015.