84R7764 JSC-F
By: Zerwas H.B. No. 2498
A BILL TO BE ENTITLED
AN ACT
relating to a compact with other states regarding the licensure of
emergency medical services personnel and the authority of those
personnel to perform job duties in this state and other states.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 778A to read as follows:
CHAPTER 778A. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL
LICENSURE INTERSTATE COMPACT ("REPLICA")
Sec. 778A.001. EXECUTION OF INTERSTATE COMPACT. This
state enacts the EMS Personnel Licensure Interstate Compact and
enters into the compact with all other states legally joining in the
compact in substantially the following form:
EMS PERSONNEL LICENSURE INTERSTATE COMPACT.
Section 1. PURPOSE. In order to protect the public through
verification of competency and ensure accountability for patient
care related activities all states license emergency medical
services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This compact is intended to
facilitate the day to day movement of EMS personnel across state
boundaries in the performance of their EMS duties as assigned by an
appropriate authority and authorize state EMS offices to afford
immediate legal recognition to EMS personnel licensed in a member
state. This compact recognizes that states have a vested interest
in protecting the public's health and safety through their
licensing and regulation of EMS personnel and that such state
regulation shared among the member states will best protect public
health and safety. This compact is designed to achieve the
following purposes and objectives:
1. increase public access to EMS personnel;
2. enhance the states' ability to protect the public's
health and safety, especially patient safety;
3. encourage the cooperation of member states in the areas
of EMS personnel licensure and regulation;
4. support licensing of military members who are separating
from an active duty tour and their spouses;
5. facilitate the exchange of information between member
states regarding EMS personnel licensure, adverse action and
significant investigatory information;
6. promote compliance with the laws governing EMS personnel
practice in each member state; and
7. invest all member states with the authority to hold EMS
personnel accountable through the mutual recognition of member
state licenses.
Section 2. DEFINITIONS. In this compact:
A. "Advanced emergency medical technician (AEMT)" means: an
individual licensed with cognitive knowledge and a scope of
practice that corresponds to that level in the National EMS
Education Standards and National EMS Scope of Practice Model.
B. "Adverse action" means: any administrative, civil,
equitable or criminal action permitted by a state's laws which may
be imposed against licensed EMS personnel by a state EMS authority
or state court, including, but not limited to, actions against an
individual's license such as revocation, suspension, probation,
consent agreement, monitoring or other limitation or encumbrance on
the individual's practice, letters of reprimand or admonition,
fines, criminal convictions and state court judgments enforcing
adverse actions by the state EMS authority.
C. "Alternative program" means: a voluntary,
non-disciplinary substance abuse recovery program approved by a
state EMS authority.
D. "Certification" means: the successful verification of
entry-level cognitive and psychomotor competency using a reliable,
validated, and legally defensible examination.
E. "Commission" means: the national administrative body of
which all states that have enacted the compact are members.
F. "Emergency medical technician (EMT)" means: an
individual licensed with cognitive knowledge and a scope of
practice that corresponds to that level in the National EMS
Education Standards and National EMS Scope of Practice Model.
G. "Home state" means: a member state where an individual is
licensed to practice emergency medical services.
H. "License" means: the authorization by a state for an
individual to practice as an EMT, AEMT, paramedic, or a level in
between EMT and paramedic.
I. "Medical director" means: a physician licensed in a
member state who is accountable for the care delivered by EMS
personnel.
J. "Member state" means: a state that has enacted this
compact.
K. "Privilege to practice" means: an individual's authority
to deliver emergency medical services in remote states as
authorized under this compact.
L. "Paramedic" means: an individual licensed with cognitive
knowledge and a scope of practice that corresponds to that level in
the National EMS Education Standards and National EMS Scope of
Practice Model.
M. "Remote state" means: a member state in which an
individual is not licensed.
N. "Restricted" means: the outcome of an adverse action that
limits a license or the privilege to practice.
O. "Rule" means: a written statement by the interstate
commission promulgated pursuant to Section 12 of this compact that
is of general applicability; implements, interprets, or prescribes
a policy or provision of the compact; or is an organizational,
procedural, or practice requirement of the commission and has the
force and effect of statutory law in a member state and includes the
amendment, repeal, or suspension of an existing rule.
P. "Scope of practice" means: defined parameters of various
duties or services that may be provided by an individual with
specific credentials. Whether regulated by rule, statute, or court
decision, it tends to represent the limits of services an
individual may perform.
Q. "Significant investigatory information" means:
1. investigative information that a state EMS
authority, after a preliminary inquiry that includes notification
and an opportunity to respond if required by state law, has reason
to believe, if proved true, would result in the imposition of an
adverse action on a license or privilege to practice; or
2. investigative information that indicates that the
individual represents an immediate threat to public health and
safety regardless of whether the individual has been notified and
had an opportunity to respond.
R. "State" means: any state, commonwealth, district, or
territory of the United States.
S. "State EMS authority" means: the board, office, or other
agency with the legislative mandate to license EMS personnel.
Section 3. HOME STATE LICENSURE. A. Any member state in
which an individual holds a current license shall be deemed a home
state for purposes of this compact.
B. Any member state may require an individual to obtain and
retain a license to be authorized to practice in the member state
under circumstances not authorized by the privilege to practice
under the terms of this compact.
C. A home state's license authorizes an individual to
practice in a remote state under the privilege to practice only if
the home state:
1. currently requires the use of the National Registry
of Emergency Medical Technicians (NREMT) examination as a condition
of issuing initial licenses at the EMT and paramedic levels;
2. has a mechanism in place for receiving and
investigating complaints about individuals;
3. notifies the commission, in compliance with the
terms herein, of any adverse action or significant investigatory
information regarding an individual;
4. no later than five years after activation of the
compact, requires a criminal background check of all applicants for
initial licensure, including the use of the results of fingerprint
or other biometric data checks compliant with the requirements of
the Federal Bureau of Investigation with the exception of federal
employees who have suitability determination in accordance with 5
C.F.R. Section 731.202 and submit documentation of such as
promulgated in the rules of the commission; and
5. complies with the rules of the commission.
Section 4. COMPACT PRIVILEGE TO PRACTICE. A. Member states
shall recognize the privilege to practice of an individual licensed
in another member state that is in conformance with Section 3.
B. To exercise the privilege to practice under the terms and
provisions of this compact, an individual must:
1. be at least 18 years of age;
2. possess a current unrestricted license in a member
state as an EMT, AEMT, paramedic, or state recognized and licensed
level with a scope of practice and authority between EMT and
paramedic; and
3. practice under the supervision of a medical
director.
C. An individual providing patient care in a remote state
under the privilege to practice shall function within the scope of
practice authorized by the home state unless and until modified by
an appropriate authority in the remote state as may be defined in
the rules of the commission.
D. Except as provided in Section 4.C. of this compact, an
individual practicing in a remote state will be subject to the
remote state's authority and laws. A remote state may, in
accordance with due process and that state's laws, restrict,
suspend, or revoke an individual's privilege to practice in the
remote state and may take any other necessary actions to protect the
health and safety of its citizens. If a remote state takes action it
shall promptly notify the home state and the commission.
E. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible to
practice in a remote state under the privilege to practice until the
individual's home state license is restored.
F. If an individual's privilege to practice in any remote
state is restricted, suspended, or revoked the individual shall not
be eligible to practice in any remote state until the individual's
privilege to practice is restored.
Section 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. An
individual may practice in a remote state under a privilege to
practice only in the performance of the individual's EMS duties as
assigned by an appropriate authority, as defined in the rules of the
commission, and under the following circumstances:
1. the individual originates a patient transport in a home
state and transports the patient to a remote state;
2. the individual originates in the home state and enters a
remote state to pick up a patient and provide care and transport of
the patient to the home state;
3. the individual enters a remote state to provide patient
care and/or transport within that remote state;
4. the individual enters a remote state to pick up a patient
and provide care and transport to a third member state; or
5. other conditions as determined by rules promulgated by
the commission.
Section 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE
COMPACT. Upon a member state's governor's declaration of a state of
emergency or disaster that activates the Emergency Management
Assistance Compact (EMAC), all relevant terms and provisions of
EMAC shall apply and to the extent any terms or provisions of this
compact conflicts with EMAC, the terms of EMAC shall prevail with
respect to any individual practicing in the remote state in
response to such declaration.
Section 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE
DUTY MILITARY, AND THEIR SPOUSES. A. Member states shall consider
a veteran, active military service member, and member of the
National Guard and Reserves separating from an active duty tour,
and a spouse thereof, who holds a current valid and unrestricted
NREMT certification at or above the level of the state license being
sought as satisfying the minimum training and examination
requirements for such licensure.
B. Member states shall expedite the processing of licensure
applications submitted by veterans, active military service
members, and members of the National Guard and Reserves separating
from an active duty tour, and their spouses.
C. All individuals functioning with a privilege to practice
under this section remain subject to the adverse actions provisions
of Section 8 of this compact.
Section 8. ADVERSE ACTIONS. A. A home state shall have
exclusive power to impose adverse action against an individual's
license issued by the home state.
B. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible to
practice in a remote state under the privilege to practice until the
individual's home state license is restored.
1. All home state adverse action orders shall include
a statement that the individual's compact privileges are inactive.
The order may allow the individual to practice in remote states with
prior written authorization from both the home state and remote
state's EMS authority.
2. An individual currently subject to adverse action
in the home state shall not practice in any remote state without
prior written authorization from both the home state and remote
state's EMS authority.
C. A member state shall report adverse actions and any
occurrences that the individual's compact privileges are
restricted, suspended, or revoked to the commission in accordance
with the rules of the commission.
D. A remote state may take adverse action on an individual's
privilege to practice within that state.
E. Any member state may take adverse action against an
individual's privilege to practice in that state based on the
factual findings of another member state, so long as each state
follows its own procedures for imposing such adverse action.
F. A home state's EMS authority shall investigate and take
appropriate action with respect to reported conduct in a remote
state as it would if such conduct had occurred within the home
state. In such cases, the home state's law shall control in
determining the appropriate adverse action.
G. Nothing in this compact shall override a member state's
decision that participation in an alternative program may be used
in lieu of adverse action and that such participation shall remain
non-public if required by the member state's laws. Member states
must require individuals who enter any alternative programs to
agree not to practice in any other member state during the term of
the alternative program without prior authorization from such other
member state.
Section 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S
EMS AUTHORITY. A member state's EMS authority, in addition to any
other powers granted under state law, is authorized under this
compact to:
1. issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses and the
production of evidence; subpoenas issued by a member state's EMS
authority for the attendance and testimony of witnesses, and/or the
production of evidence from another member state, shall be enforced
in the remote state by any court of competent jurisdiction,
according to that court's practice and procedure in considering
subpoenas issued in its own proceedings; the issuing state EMS
authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state where the
witnesses and/or evidence are located; and
2. issue cease and desist orders to restrict, suspend, or
revoke an individual's privilege to practice in the state.
Section 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR
EMS PERSONNEL PRACTICE. A. The compact states hereby create and
establish a joint public agency known as the Interstate Commission
for EMS Personnel Practice.
1. The commission is a body politic and an
instrumentality of the compact states.
2. Venue is proper and judicial proceedings by or
against the commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of the
commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
3. Nothing in this compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings. 1. Each member state
shall have and be limited to one delegate. The responsible official
of the state EMS authority or his designee shall be the delegate to
this compact for each member state. Any delegate may be removed or
suspended from office as provided by the law of the state from which
the delegate is appointed. Any vacancy occurring in the commission
shall be filled in accordance with the laws of the member state in
which the vacancy exists. In the event that more than one board,
office, or other agency with the legislative mandate to license EMS
personnel at and above the level of EMT exists, the governor of the
state will determine which entity will be responsible for assigning
the delegate.
2. Each delegate shall be entitled to one vote with
regard to the promulgation of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business and
affairs of the commission. A delegate shall vote in person or by
such other means as provided in the bylaws. The bylaws may provide
for delegates' participation in meetings by telephone or other
means of communication.
3. The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth in the
bylaws.
4. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as required
under the rulemaking provisions in Section 12 of this compact.
5. The commission may convene in a closed, non-public
meeting if the commission must discuss:
a. non-compliance of a member state with its
obligations under the compact;
b. the employment, compensation, discipline or
other personnel matters, practices or procedures related to
specific employees or other matters related to the commission's
internal personnel practices and procedures;
c. current, threatened, or reasonably
anticipated litigation;
d. negotiation of contracts for the purchase or
sale of goods, services, or real estate;
e. accusing any person of a crime or formally
censuring any person;
f. disclosure of trade secrets or commercial or
financial information that is privileged or confidential;
g. disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
h. disclosure of investigatory records compiled
for law enforcement purposes;
i. disclosure of information related to any
investigatory reports prepared by or on behalf of or for use of the
commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the
compact; or
j. matters specifically exempted from disclosure
by federal or member state statute.
6. If a meeting, or portion of a meeting, is closed
pursuant to this section, the commission's legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision. The commission shall
keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description
of the views expressed. All documents considered in connection with
an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the commission or order of a court of
competent jurisdiction.
C. The commission shall, by a majority vote of the
delegates, prescribe bylaws and/or rules to govern its conduct as
may be necessary or appropriate to carry out the purposes and
exercise the powers of the compact, including but not limited to:
1. establishing the fiscal year of the commission;
2. providing reasonable standards and procedures:
a. for the establishment and meetings of other
committees; and
b. governing any general or specific delegation
of any authority or function of the commission;
3. providing reasonable procedures for calling and
conducting meetings of the commission, ensuring reasonable advance
notice of all meetings, and providing an opportunity for attendance
of such meetings by interested parties, with enumerated exceptions
designed to protect the public's interest, the privacy of
individuals, and proprietary information, including trade secrets.
The commission may meet in closed session only after a majority of
the membership votes to close a meeting in whole or in part. As soon
as practicable, the commission must make public a copy of the vote
to close the meeting revealing the vote of each member with no proxy
votes allowed;
4. establishing the titles, duties and authority, and
reasonable procedures for the election of the officers of the
commission;
5. providing reasonable standards and procedures for
the establishment of the personnel policies and programs of the
commission; notwithstanding any civil service or other similar laws
of any member state, the bylaws shall exclusively govern the
personnel policies and programs of the commission;
6. promulgating a code of ethics to address
permissible and prohibited activities of commission members and
employees;
7. providing a mechanism for winding up the operations
of the commission and the equitable disposition of any surplus
funds that may exist after the termination of the compact after the
payment and/or reserving of all of its debts and obligations;
8. the commission shall publish its bylaws and file a
copy thereof, and a copy of any amendment thereto, with the
appropriate agency or officer in each of the member states, if any;
9. the commission shall maintain its financial records
in accordance with the bylaws; and
10. the commission shall meet and take such actions as
are consistent with the provisions of this compact and the bylaws.
D. The commission shall have the following powers:
1. the authority to promulgate uniform rules to
facilitate and coordinate implementation and administration of
this compact; the rules shall have the force and effect of law and
shall be binding in all member states;
2. to bring and prosecute legal proceedings or actions
in the name of the commission, provided that the standing of any
state EMS authority or other regulatory body responsible for EMS
personnel licensure to sue or be sued under applicable law shall not
be affected;
3. to purchase and maintain insurance and bonds;
4. to borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a member
state;
5. to hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of the compact, and to establish
the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other
related personnel matters;
6. to accept any and all appropriate donations and
grants of money, equipment, supplies, materials and services, and
to receive, utilize and dispose of the same; provided that at all
times the commission shall strive to avoid any appearance of
impropriety and/or conflict of interest;
7. to lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed; provided that at all times the
commission shall strive to avoid any appearance of impropriety;
8. to sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal, or
mixed;
9. to establish a budget and make expenditures;
10. to borrow money;
11. to appoint committees, including advisory
committees comprised of members, state regulators, state
legislators or their representatives, and consumer
representatives, and such other interested persons as may be
designated in this compact and the bylaws;
12. to provide and receive information from, and to
cooperate with, law enforcement agencies;
13. to adopt and use an official seal; and
14. to perform such other functions as may be
necessary or appropriate to achieve the purposes of this compact
consistent with the state regulation of EMS personnel licensure and
practice.
E. Financing of the Commission. 1. The commission shall
pay, or provide for the payment of, the reasonable expenses of its
establishment, organization, and ongoing activities.
2. The commission may accept any and all appropriate
revenue sources, donations, and grants of money, equipment,
supplies, materials, and services.
3. The commission may levy on and collect an annual
assessment from each member state or impose fees on other parties to
cover the cost of the operations and activities of the commission
and its staff, which must be in a total amount sufficient to cover
its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the
commission, which shall promulgate a rule binding upon all member
states.
4. The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the member states,
except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the commission shall be audited
yearly by a certified or licensed public accountant, and the report
of the audit shall be included in and become part of the annual
report of the commission.
F. Qualified Immunity, Defense, and Indemnification. 1.
The members, officers, executive director, employees and
representatives of the commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit and/or liability for
any damage, loss, injury, or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The commission shall defend any member, officer,
executive director, employee or representative of the commission in
any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the
scope of commission employment, duties, or responsibilities, or
that the person against whom the claim is made had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing
herein shall be construed to prohibit that person from retaining
his or her own counsel; and provided further, that the actual or
alleged act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The commission shall indemnify and hold harmless
any member, officer, executive director, employee, or
representative of the commission for the amount of any settlement
or judgment obtained against that person arising out of any actual
or alleged act, error or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that
person.
Section 11. COORDINATED DATABASE. A. The commission shall
provide for the development and maintenance of a coordinated
database and reporting system containing licensure, adverse
action, and significant investigatory information on all licensed
individuals in member states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
coordinated database on all individuals to whom this compact is
applicable as required by the rules of the commission, including:
1. identifying information;
2. licensure data;
3. significant investigatory information;
4. adverse actions against an individual's license;
5. an indicator that an individual's privilege to
practice is restricted, suspended or revoked;
6. non-confidential information related to
alternative program participation;
7. any denial of application for licensure, and the
reason or reasons for such denial; and
8. other information that may facilitate the
administration of this compact, as determined by the rules of the
commission.
C. The coordinated database administrator shall promptly
notify all member states of any adverse action taken against, or
significant investigative information on, any individual in a
member state.
D. Member states contributing information to the
coordinated database may designate information that may not be
shared with the public without the express permission of the
contributing state.
E. Any information submitted to the coordinated database
that is subsequently required to be expunged by the laws of the
member state contributing the information shall be removed from the
coordinated database.
Section 12. RULEMAKING. A. The commission shall exercise
its rulemaking powers pursuant to the criteria set forth in this
section and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or
amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the same
manner used to adopt the compact, then such rule shall have no
further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final rule or
rules by the commission, and at least 60 days in advance of the
meeting at which the rule will be considered and voted upon, the
commission shall file a notice of proposed rulemaking:
1. on the website of the commission; and
2. on the website of each member state EMS authority or
the publication in which each state would otherwise publish
proposed rules.
E. The notice of proposed rulemaking shall include:
1. the proposed time, date, and location of the
meeting in which the rule will be considered and voted upon;
2. the text of the proposed rule or amendment and the
reason for the proposed rule;
3. a request for comments on the proposed rule from any
interested person; and
4. the manner in which interested persons may submit
notice to the commission of their intention to attend the public
hearing and any written comments.
F. Prior to adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
G. The commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. at least 25 persons;
2. a governmental subdivision or agency; or
3. an association having at least 25 members.
H. If a hearing is held on the proposed rule or amendment,
the commission shall publish the place, time, and date of the
scheduled public hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the commission or other designated
member in writing of their desire to appear and testify at the
hearing not less than 5 business days before the scheduled date of
the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing.
3. No transcript of the hearing is required, unless a
written request for a transcript is made, in which case the person
requesting the transcript shall bear the cost of producing the
transcript. A recording may be made in lieu of a transcript under
the same terms and conditions as a transcript. This subsection
shall not preclude the commission from making a transcript or
recording of the hearing if it so chooses.
4. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be grouped for
the convenience of the commission at hearings required by this
section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not held,
the commission shall consider all written and oral comments
received.
J. The commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking record
and the full text of the rule.
K. If no written notice of intent to attend the public
hearing by interested parties is received, the commission may
proceed with promulgation of the proposed rule without a public
hearing.
L. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without prior
notice, opportunity for comment, or hearing, provided that the
usual rulemaking procedures provided in the compact and in this
section shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than 90 days after the
effective date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order to:
1. meet an imminent threat to public health, safety,
or welfare;
2. prevent a loss of commission or member state funds;
3. meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule; or
4. protect public health and safety.
M. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors
in format, errors in consistency, or grammatical errors. Public
notice of any revisions shall be posted on the website of the
commission. The revision shall be subject to challenge by any
person for a period of 30 days after posting. The revision may be
challenged only on grounds that the revision results in a material
change to a rule. A challenge shall be made in writing, and
delivered to the chair of the commission prior to the end of the
notice period. If no challenge is made, the revision will take
effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the
commission.
Section 13. OVERSIGHT, DISPUTE RESOLUTION, AND
ENFORCEMENT. A. Oversight.
1. The executive, legislative, and judicial branches
of state government in each member state shall enforce this compact
and take all actions necessary and appropriate to effectuate the
compact's purposes and intent. The provisions of this compact and
the rules promulgated hereunder shall have standing as statutory
law.
2. All courts shall take judicial notice of the
compact and the rules in any judicial or administrative proceeding
in a member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities or actions of the
commission.
3. The commission shall be entitled to receive service
of process in any such proceeding, and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide
service of process to the commission shall render a judgment or
order void as to the commission, this compact, or promulgated
rules.
B. Default, Technical Assistance, and Termination. 1. If
the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this
compact or the promulgated rules, the commission shall:
a. provide written notice to the defaulting state
and other member states of the nature of the default, the proposed
means of curing the default and/or any other action to be taken by
the commission; and
b. provide remedial training and specific
technical assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the compact upon an
affirmative vote of a majority of the member states, and all rights,
privileges and benefits conferred by this compact may be terminated
on the effective date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities incurred
during the period of default.
3. Termination of membership in the compact shall be
imposed only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given
by the commission to the governor, the majority and minority
leaders of the defaulting state's legislature, and each of the
member states.
4. A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The commission shall not bear any costs related to a
state that is found to be in default or that has been terminated
from the compact, unless agreed upon in writing between the
commission and the defaulting state.
6. The defaulting state may appeal the action of the
commission by petitioning the U.S. District Court for the District
of Columbia or the federal district where the commission has its
principal offices. The prevailing member shall be awarded all costs
of such litigation, including reasonable attorney's fees.
C. Dispute Resolution. 1. Upon request by a member state,
the commission shall attempt to resolve disputes related to the
compact that arise among member states and between member and
non-member states.
2. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement. 1. The commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules
of this compact.
2. By majority vote, the commission may initiate legal
action in the United States District Court for the District of
Columbia or the federal district where the commission has its
principal offices against a member state in default to enforce
compliance with the provisions of the compact and its promulgated
rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the commission. The commission may pursue any other
remedies available under federal or state law.
Section 14. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT. A. The compact shall come into effect
on the date on which the compact statute is enacted into law in the
tenth member state. The provisions, which become effective at that
time, shall be limited to the powers granted to the commission
relating to assembly and the promulgation of rules. Thereafter, the
commission shall meet and exercise rulemaking powers necessary to
the implementation and administration of the compact.
B. Any state that joins the compact subsequent to the
commission's initial adoption of the rules shall be subject to the
rules as they exist on the date on which the compact becomes law in
that state. Any rule that has been previously adopted by the
commission shall have the full force and effect of law on the day
the compact becomes law in that state.
C. Any member state may withdraw from this compact by
enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect
until six months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's EMS authority to comply with
the investigative and adverse action reporting requirements of this
compact prior to the effective date of withdrawal.
D. Nothing contained in this compact shall be construed to
invalidate or prevent any EMS personnel licensure agreement or
other cooperative arrangement between a member state and a
non-member state that does not conflict with the provisions of this
compact.
E. This compact may be amended by the member states. No
amendment to this compact shall become effective and binding upon
any member state until it is enacted into the laws of all member
states.
Section 15. CONSTRUCTION AND SEVERABILITY. This compact
shall be liberally construed so as to effectuate the purposes
thereof. If this compact shall be held contrary to the constitution
of any state member thereto, the compact shall remain in full force
and effect as to the remaining member states. Nothing in this
compact supersedes state law or rules related to licensure of EMS
agencies.
SECTION 2. This Act takes effect September 1, 2015.