Texas 2015 - 84th Regular

Texas House Bill HB2498 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zerwas, Martinez (Senate Sponsor - Eltife) H.B. No. 2498
2		-	(In the Senate - Received from the House May 13, 2015;
3		-	May 14, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 8, Nays 1; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2498
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to a compact with other states regarding the licensure of
12	6		emergency medical services personnel and the authority of those
13	7		personnel to perform job duties in this state and other states.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
16	10		amended by adding Chapter 778A to read as follows:
17	11		CHAPTER 778A. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL
18	12		LICENSURE INTERSTATE COMPACT ("REPLICA")
19	13		Sec. 778A.001. EXECUTION OF INTERSTATE COMPACT. This
20	14		state enacts the EMS Personnel Licensure Interstate Compact and
21	15		enters into the compact with all other states legally joining in the
22	16		compact in substantially the following form:
23	17		EMS PERSONNEL LICENSURE INTERSTATE COMPACT.
24	18		Section 1. PURPOSE. In order to protect the public through
25	19		verification of competency and ensure accountability for patient
26	20		care related activities all states license emergency medical
27	21		services (EMS) personnel, such as emergency medical technicians
28	22		(EMTs), advanced EMTs and paramedics. This compact is intended to
29	23		facilitate the day to day movement of EMS personnel across state
30	24		boundaries in the performance of their EMS duties as assigned by an
31	25		appropriate authority and authorize state EMS offices to afford
32	26		immediate legal recognition to EMS personnel licensed in a member
33	27		state. This compact recognizes that states have a vested interest
34	28		in protecting the public's health and safety through their
35	29		licensing and regulation of EMS personnel and that such state
36	30		regulation shared among the member states will best protect public
37	31		health and safety. This compact is designed to achieve the
38	32		following purposes and objectives:
39	33		1. increase public access to EMS personnel;
40	34		2. enhance the states' ability to protect the public's
41	35		health and safety, especially patient safety;
42	36		3. encourage the cooperation of member states in the areas
43	37		of EMS personnel licensure and regulation;
44	38		4. support licensing of military members who are separating
45	39		from an active duty tour and their spouses;
46	40		5. facilitate the exchange of information between member
47	41		states regarding EMS personnel licensure, adverse action and
48	42		significant investigatory information;
49	43		6. promote compliance with the laws governing EMS personnel
50	44		practice in each member state; and
51	45		7. invest all member states with the authority to hold EMS
52	46		personnel accountable through the mutual recognition of member
53	47		state licenses.
54	48		Section 2. DEFINITIONS. In this compact:
55	49		A. "Advanced emergency medical technician (AEMT)" means: an
56	50		individual licensed with cognitive knowledge and a scope of
57	51		practice that corresponds to that level in the National EMS
58	52		Education Standards and National EMS Scope of Practice Model.
59	53		B. "Adverse action" means: any administrative, civil,
60	54		equitable or criminal action permitted by a state's laws which may
61	55		be imposed against licensed EMS personnel by a state EMS authority
62	56		or state court, including, but not limited to, actions against an
63	57		individual's license such as revocation, suspension, probation,
64	58		consent agreement, monitoring or other limitation or encumbrance on
65	59		the individual's practice, letters of reprimand or admonition,
66	60		fines, criminal convictions and state court judgments enforcing
67	61		adverse actions by the state EMS authority.
68	62		C. "Alternative program" means: a voluntary,
69	63		non-disciplinary substance abuse recovery program approved by a
70	64		state EMS authority.
71	65		D. "Certification" means: the successful verification of
72	66		entry-level cognitive and psychomotor competency using a reliable,
73	67		validated, and legally defensible examination.
74	68		E. "Commission" means: the national administrative body of
75	69		which all states that have enacted the compact are members.
76	70		F. "Emergency medical technician (EMT)" means: an
77	71		individual licensed with cognitive knowledge and a scope of
78	72		practice that corresponds to that level in the National EMS
79	73		Education Standards and National EMS Scope of Practice Model.
80	74		G. "Home state" means: a member state where an individual is
81	75		licensed to practice emergency medical services.
82	76		H. "License" means: the authorization by a state for an
83	77		individual to practice as an EMT, AEMT, paramedic, or a level in
84	78		between EMT and paramedic.
85	79		I. "Medical director" means: a physician licensed in a
86	80		member state who is accountable for the care delivered by EMS
87	81		personnel.
88	82		J. "Member state" means: a state that has enacted this
89	83		compact.
90	84		K. "Privilege to practice" means: an individual's authority
91	85		to deliver emergency medical services in remote states as
92	86		authorized under this compact.
93	87		L. "Paramedic" means: an individual licensed with cognitive
94	88		knowledge and a scope of practice that corresponds to that level in
95	89		the National EMS Education Standards and National EMS Scope of
96	90		Practice Model.
97	91		M. "Remote state" means: a member state in which an
98	92		individual is not licensed.
99	93		N. "Restricted" means: the outcome of an adverse action that
100	94		limits a license or the privilege to practice.
101	95		O. "Rule" means: a written statement by the interstate
102	96		commission promulgated pursuant to Section 12 of this compact that
103	97		is of general applicability; implements, interprets, or prescribes
104	98		a policy or provision of the compact; or is an organizational,
105	99		procedural, or practice requirement of the commission and has the
106	100		force and effect of statutory law in a member state and includes the
107	101		amendment, repeal, or suspension of an existing rule.
108	102		P. "Scope of practice" means: defined parameters of various
109	103		duties or services that may be provided by an individual with
110	104		specific credentials. Whether regulated by rule, statute, or court
111	105		decision, it tends to represent the limits of services an
112	106		individual may perform.
113	107		Q. "Significant investigatory information" means:
114	108		1. investigative information that a state EMS
115	109		authority, after a preliminary inquiry that includes notification
116	110		and an opportunity to respond if required by state law, has reason
117	111		to believe, if proved true, would result in the imposition of an
118	112		adverse action on a license or privilege to practice; or
119	113		2. investigative information that indicates that the
120	114		individual represents an immediate threat to public health and
121	115		safety regardless of whether the individual has been notified and
122	116		had an opportunity to respond.
123	117		R. "State" means: any state, commonwealth, district, or
124	118		territory of the United States.
125	119		S. "State EMS authority" means: the board, office, or other
126	120		agency with the legislative mandate to license EMS personnel.
127	121		Section 3. HOME STATE LICENSURE. A. Any member state in
128	122		which an individual holds a current license shall be deemed a home
129	123		state for purposes of this compact.
130	124		B. Any member state may require an individual to obtain and
131	125		retain a license to be authorized to practice in the member state
132	126		under circumstances not authorized by the privilege to practice
133	127		under the terms of this compact.
134	128		C. A home state's license authorizes an individual to
135	129		practice in a remote state under the privilege to practice only if
136	130		the home state:
137	131		1. currently requires the use of the National Registry
138	132		of Emergency Medical Technicians (NREMT) examination as a condition
139	133		of issuing initial licenses at the EMT and paramedic levels;
140	134		2. has a mechanism in place for receiving and
141	135		investigating complaints about individuals;
142	136		3. notifies the commission, in compliance with the
143	137		terms herein, of any adverse action or significant investigatory
144	138		information regarding an individual;
145	139		4. no later than five years after activation of the
146	140		compact, requires a criminal background check of all applicants for
147	141		initial licensure, including the use of the results of fingerprint
148	142		or other biometric data checks compliant with the requirements of
149	143		the Federal Bureau of Investigation with the exception of federal
150	144		employees who have suitability determination in accordance with 5
151	145		C.F.R. Section 731.202 and submit documentation of such as
152	146		promulgated in the rules of the commission; and
153	147		5. complies with the rules of the commission.
154	148		Section 4. COMPACT PRIVILEGE TO PRACTICE. A. Member states
155	149		shall recognize the privilege to practice of an individual licensed
156	150		in another member state that is in conformance with Section 3.
157	151		B. To exercise the privilege to practice under the terms and
158	152		provisions of this compact, an individual must:
159	153		1. be at least 18 years of age;
160	154		2. possess a current unrestricted license in a member
161	155		state as an EMT, AEMT, paramedic, or state recognized and licensed
162	156		level with a scope of practice and authority between EMT and
163	157		paramedic; and
164	158		3. practice under the supervision of a medical
165	159		director.
166	160		C. An individual providing patient care in a remote state
167	161		under the privilege to practice shall function within the scope of
168	162		practice authorized by the home state unless and until modified by
169	163		an appropriate authority in the remote state as may be defined in
170	164		the rules of the commission.
171	165		D. Except as provided in Section 4.C. of this compact, an
172	166		individual practicing in a remote state will be subject to the
173	167		remote state's authority and laws. A remote state may, in
174	168		accordance with due process and that state's laws, restrict,
175	169		suspend, or revoke an individual's privilege to practice in the
176	170		remote state and may take any other necessary actions to protect the
177	171		health and safety of its citizens. If a remote state takes action it
178	172		shall promptly notify the home state and the commission.
179	173		E. If an individual's license in any home state is
180	174		restricted or suspended, the individual shall not be eligible to
181	175		practice in a remote state under the privilege to practice until the
182	176		individual's home state license is restored.
183	177		F. If an individual's privilege to practice in any remote
184	178		state is restricted, suspended, or revoked the individual shall not
185	179		be eligible to practice in any remote state until the individual's
186	180		privilege to practice is restored.
187	181		Section 5. CONDITIONS OF PRACTICE IN A REMOTE STATE. An
188	182		individual may practice in a remote state under a privilege to
189	183		practice only in the performance of the individual's EMS duties as
190	184		assigned by an appropriate authority, as defined in the rules of the
191	185		commission, and under the following circumstances:
192	186		1. the individual originates a patient transport in a home
193	187		state and transports the patient to a remote state;
194	188		2. the individual originates in the home state and enters a
195	189		remote state to pick up a patient and provide care and transport of
196	190		the patient to the home state;
197	191		3. the individual enters a remote state to provide patient
198	192		care and/or transport within that remote state;
199	193		4. the individual enters a remote state to pick up a patient
200	194		and provide care and transport to a third member state; or
201	195		5. other conditions as determined by rules promulgated by
202	196		the commission.
203	197		Section 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE
204	198		COMPACT. Upon a member state's governor's declaration of a state of
205	199		emergency or disaster that activates the Emergency Management
206	200		Assistance Compact (EMAC), all relevant terms and provisions of
207	201		EMAC shall apply and to the extent any terms or provisions of this
208	202		compact conflicts with EMAC, the terms of EMAC shall prevail with
209	203		respect to any individual practicing in the remote state in
210	204		response to such declaration.
211	205		Section 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE
212	206		DUTY MILITARY, AND THEIR SPOUSES. A. Member states shall consider
213	207		a veteran, active military service member, and member of the
214	208		National Guard and Reserves separating from an active duty tour,
215	209		and a spouse thereof, who holds a current valid and unrestricted
216	210		NREMT certification at or above the level of the state license being
217	211		sought as satisfying the minimum training and examination
218	212		requirements for such licensure.
219	213		B. Member states shall expedite the processing of licensure
220	214		applications submitted by veterans, active military service
221	215		members, and members of the National Guard and Reserves separating
222	216		from an active duty tour, and their spouses.
223	217		C. All individuals functioning with a privilege to practice
224	218		under this section remain subject to the adverse actions provisions
225	219		of Section 8 of this compact.
226	220		Section 8. ADVERSE ACTIONS. A. A home state shall have
227	221		exclusive power to impose adverse action against an individual's
228	222		license issued by the home state.
229	223		B. If an individual's license in any home state is
230	224		restricted or suspended, the individual shall not be eligible to
231	225		practice in a remote state under the privilege to practice until the
232	226		individual's home state license is restored.
233	227		1. All home state adverse action orders shall include
234	228		a statement that the individual's compact privileges are inactive.
235	229		The order may allow the individual to practice in remote states with
236	230		prior written authorization from both the home state and remote
237	231		state's EMS authority.
238	232		2. An individual currently subject to adverse action
239	233		in the home state shall not practice in any remote state without
240	234		prior written authorization from both the home state and remote
241	235		state's EMS authority.
242	236		C. A member state shall report adverse actions and any
243	237		occurrences that the individual's compact privileges are
244	238		restricted, suspended, or revoked to the commission in accordance
245	239		with the rules of the commission.
246	240		D. A remote state may take adverse action on an individual's
247	241		privilege to practice within that state.
248	242		E. Any member state may take adverse action against an
249	243		individual's privilege to practice in that state based on the
250	244		factual findings of another member state, so long as each state
251	245		follows its own procedures for imposing such adverse action.
252	246		F. A home state's EMS authority shall investigate and take
253	247		appropriate action with respect to reported conduct in a remote
254	248		state as it would if such conduct had occurred within the home
255	249		state. In such cases, the home state's law shall control in
256	250		determining the appropriate adverse action.
257	251		G. Nothing in this compact shall override a member state's
258	252		decision that participation in an alternative program may be used
259	253		in lieu of adverse action and that such participation shall remain
260	254		non-public if required by the member state's laws. Member states
261	255		must require individuals who enter any alternative programs to
262	256		agree not to practice in any other member state during the term of
263	257		the alternative program without prior authorization from such other
264	258		member state.
265	259		Section 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S
266	260		EMS AUTHORITY. A member state's EMS authority, in addition to any
267	261		other powers granted under state law, is authorized under this
268	262		compact to:
269	263		1. issue subpoenas for both hearings and investigations
270	264		that require the attendance and testimony of witnesses and the
271	265		production of evidence; subpoenas issued by a member state's EMS
272	266		authority for the attendance and testimony of witnesses, and/or the
273	267		production of evidence from another member state, shall be enforced
274	268		in the remote state by any court of competent jurisdiction,
275	269		according to that court's practice and procedure in considering
276	270		subpoenas issued in its own proceedings; the issuing state EMS
277	271		authority shall pay any witness fees, travel expenses, mileage, and
278	272		other fees required by the service statutes of the state where the
279	273		witnesses and/or evidence are located; and
280	274		2. issue cease and desist orders to restrict, suspend, or
281	275		revoke an individual's privilege to practice in the state.
282	276		Section 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR
283	277		EMS PERSONNEL PRACTICE. A. The compact states hereby create and
284	278		establish a joint public agency known as the Interstate Commission
285	279		for EMS Personnel Practice.
286	280		1. The commission is a body politic and an
287	281		instrumentality of the compact states.
288	282		2. Venue is proper and judicial proceedings by or
289	283		against the commission shall be brought solely and exclusively in a
290	284		court of competent jurisdiction where the principal office of the
291	285		commission is located. The commission may waive venue and
292	286		jurisdictional defenses to the extent it adopts or consents to
293	287		participate in alternative dispute resolution proceedings.
294	288		3. Nothing in this compact shall be construed to be a
295	289		waiver of sovereign immunity.
296	290		B. Membership, Voting, and Meetings. 1. Each member state
297	291		shall have and be limited to one delegate. The responsible official
298	292		of the state EMS authority or his designee shall be the delegate to
299	293		this compact for each member state. Any delegate may be removed or
300	294		suspended from office as provided by the law of the state from which
301	295		the delegate is appointed. Any vacancy occurring in the commission
302	296		shall be filled in accordance with the laws of the member state in
303	297		which the vacancy exists. In the event that more than one board,
304	298		office, or other agency with the legislative mandate to license EMS
305	299		personnel at and above the level of EMT exists, the governor of the
306	300		state will determine which entity will be responsible for assigning
307	301		the delegate.
308	302		2. Each delegate shall be entitled to one vote with
309	303		regard to the promulgation of rules and creation of bylaws and shall
310	304		otherwise have an opportunity to participate in the business and
311	305		affairs of the commission. A delegate shall vote in person or by
312	306		such other means as provided in the bylaws. The bylaws may provide
313	307		for delegates' participation in meetings by telephone or other
314	308		means of communication.
315	309		3. The commission shall meet at least once during each
316	310		calendar year. Additional meetings shall be held as set forth in the
317	311		bylaws.
318	312		4. All meetings shall be open to the public, and public
319	313		notice of meetings shall be given in the same manner as required
320	314		under the rulemaking provisions in Section 12 of this compact.
321	315		5. The commission may convene in a closed, non-public
322	316		meeting if the commission must discuss:
323	317		a. non-compliance of a member state with its
324	318		obligations under the compact;
325	319		b. the employment, compensation, discipline or
326	320		other personnel matters, practices or procedures related to
327	321		specific employees or other matters related to the commission's
328	322		internal personnel practices and procedures;
329	323		c. current, threatened, or reasonably
330	324		anticipated litigation;
331	325		d. negotiation of contracts for the purchase or
332	326		sale of goods, services, or real estate;
333	327		e. accusing any person of a crime or formally
334	328		censuring any person;
335	329		f. disclosure of trade secrets or commercial or
336	330		financial information that is privileged or confidential;
337	331		g. disclosure of information of a personal nature
338	332		where disclosure would constitute a clearly unwarranted invasion of
339	333		personal privacy;
340	334		h. disclosure of investigatory records compiled
341	335		for law enforcement purposes;
342	336		i. disclosure of information related to any
343	337		investigatory reports prepared by or on behalf of or for use of the
344	338		commission or other committee charged with responsibility of
345	339		investigation or determination of compliance issues pursuant to the
346	340		compact; or
347	341		j. matters specifically exempted from disclosure
348	342		by federal or member state statute.
349	343		6. If a meeting, or portion of a meeting, is closed
350	344		pursuant to this section, the commission's legal counsel or
351	345		designee shall certify that the meeting may be closed and shall
352	346		reference each relevant exempting provision. The commission shall
353	347		keep minutes that fully and clearly describe all matters discussed
354	348		in a meeting and shall provide a full and accurate summary of
355	349		actions taken, and the reasons therefore, including a description
356	350		of the views expressed. All documents considered in connection with
357	351		an action shall be identified in such minutes. All minutes and
358	352		documents of a closed meeting shall remain under seal, subject to
359	353		release by a majority vote of the commission or order of a court of
360	354		competent jurisdiction.
361	355		C. The commission shall, by a majority vote of the
362	356		delegates, prescribe bylaws and/or rules to govern its conduct as
363	357		may be necessary or appropriate to carry out the purposes and
364	358		exercise the powers of the compact, including but not limited to:
365	359		1. establishing the fiscal year of the commission;
366	360		2. providing reasonable standards and procedures:
367	361		a. for the establishment and meetings of other
368	362		committees; and
369	363		b. governing any general or specific delegation
370	364		of any authority or function of the commission;
371	365		3. providing reasonable procedures for calling and
372	366		conducting meetings of the commission, ensuring reasonable advance
373	367		notice of all meetings, and providing an opportunity for attendance
374	368		of such meetings by interested parties, with enumerated exceptions
375	369		designed to protect the public's interest, the privacy of
376	370		individuals, and proprietary information, including trade secrets.
377	371		The commission may meet in closed session only after a majority of
378	372		the membership votes to close a meeting in whole or in part. As soon
379	373		as practicable, the commission must make public a copy of the vote
380	374		to close the meeting revealing the vote of each member with no proxy
381	375		votes allowed;
382	376		4. establishing the titles, duties and authority, and
383	377		reasonable procedures for the election of the officers of the
384	378		commission;
385	379		5. providing reasonable standards and procedures for
386	380		the establishment of the personnel policies and programs of the
387	381		commission; notwithstanding any civil service or other similar laws
388	382		of any member state, the bylaws shall exclusively govern the
389	383		personnel policies and programs of the commission;
390	384		6. promulgating a code of ethics to address
391	385		permissible and prohibited activities of commission members and
392	386		employees;
393	387		7. providing a mechanism for winding up the operations
394	388		of the commission and the equitable disposition of any surplus
395	389		funds that may exist after the termination of the compact after the
396	390		payment and/or reserving of all of its debts and obligations;
397	391		8. the commission shall publish its bylaws and file a
398	392		copy thereof, and a copy of any amendment thereto, with the
399	393		appropriate agency or officer in each of the member states, if any;
400	394		9. the commission shall maintain its financial records
401	395		in accordance with the bylaws; and
402	396		10. the commission shall meet and take such actions as
403	397		are consistent with the provisions of this compact and the bylaws.
404	398		D. The commission shall have the following powers:
405	399		1. the authority to promulgate uniform rules to
406	400		facilitate and coordinate implementation and administration of
407	401		this compact; the rules shall have the force and effect of law and
408	402		shall be binding in all member states;
409	403		2. to bring and prosecute legal proceedings or actions
410	404		in the name of the commission, provided that the standing of any
411	405		state EMS authority or other regulatory body responsible for EMS
412	406		personnel licensure to sue or be sued under applicable law shall not
413	407		be affected;
414	408		3. to purchase and maintain insurance and bonds;
415	409		4. to borrow, accept, or contract for services of
416	410		personnel, including, but not limited to, employees of a member
417	411		state;
418	412		5. to hire employees, elect or appoint officers, fix
419	413		compensation, define duties, grant such individuals appropriate
420	414		authority to carry out the purposes of the compact, and to establish
421	415		the commission's personnel policies and programs relating to
422	416		conflicts of interest, qualifications of personnel, and other
423	417		related personnel matters;
424	418		6. to accept any and all appropriate donations and
425	419		grants of money, equipment, supplies, materials and services, and
426	420		to receive, utilize and dispose of the same; provided that at all
427	421		times the commission shall strive to avoid any appearance of
428	422		impropriety and/or conflict of interest;
429	423		7. to lease, purchase, accept appropriate gifts or
430	424		donations of, or otherwise to own, hold, improve or use, any
431	425		property, real, personal or mixed; provided that at all times the
432	426		commission shall strive to avoid any appearance of impropriety;
433	427		8. to sell convey, mortgage, pledge, lease, exchange,
434	428		abandon, or otherwise dispose of any property real, personal, or
435	429		mixed;
436	430		9. to establish a budget and make expenditures;
437	431		10. to borrow money;
438	432		11. to appoint committees, including advisory
439	433		committees comprised of members, state regulators, state
440	434		legislators or their representatives, and consumer
441	435		representatives, and such other interested persons as may be
442	436		designated in this compact and the bylaws;
443	437		12. to provide and receive information from, and to
444	438		cooperate with, law enforcement agencies;
445	439		13. to adopt and use an official seal; and
446	440		14. to perform such other functions as may be
447	441		necessary or appropriate to achieve the purposes of this compact
448	442		consistent with the state regulation of EMS personnel licensure and
449	443		practice.
450	444		E. Financing of the Commission. 1. The commission shall
451	445		pay, or provide for the payment of, the reasonable expenses of its
452	446		establishment, organization, and ongoing activities.
453	447		2. The commission may accept any and all appropriate
454	448		revenue sources, donations, and grants of money, equipment,
455	449		supplies, materials, and services.
456	450		3. The commission may levy on and collect an annual
457	451		assessment from each member state or impose fees on other parties to
458	452		cover the cost of the operations and activities of the commission
459	453		and its staff, which must be in a total amount sufficient to cover
460	454		its annual budget as approved each year for which revenue is not
461	455		provided by other sources. The aggregate annual assessment amount
462	456		shall be allocated based upon a formula to be determined by the
463	457		commission, which shall promulgate a rule binding upon all member
464	458		states.
465	459		4. The commission shall not incur obligations of any
466	460		kind prior to securing the funds adequate to meet the same; nor
467	461		shall the commission pledge the credit of any of the member states,
468	462		except by and with the authority of the member state.
469	463		5. The commission shall keep accurate accounts of all
470	464		receipts and disbursements. The receipts and disbursements of the
471	465		commission shall be subject to the audit and accounting procedures
472	466		established under its bylaws. However, all receipts and
473	467		disbursements of funds handled by the commission shall be audited
474	468		yearly by a certified or licensed public accountant, and the report
475	469		of the audit shall be included in and become part of the annual
476	470		report of the commission.
477	471		F. Qualified Immunity, Defense, and Indemnification. 1.
478	472		The members, officers, executive director, employees and
479	473		representatives of the commission shall be immune from suit and
480	474		liability, either personally or in their official capacity, for any
481	475		claim for damage to or loss of property or personal injury or other
482	476		civil liability caused by or arising out of any actual or alleged
483	477		act, error, or omission that occurred, or that the person against
484	478		whom the claim is made had a reasonable basis for believing occurred
485	479		within the scope of commission employment, duties, or
486	480		responsibilities; provided that nothing in this paragraph shall be
487	481		construed to protect any such person from suit and/or liability for
488	482		any damage, loss, injury, or liability caused by the intentional or
489	483		willful or wanton misconduct of that person.
490	484		2. The commission shall defend any member, officer,
491	485		executive director, employee or representative of the commission in
492	486		any civil action seeking to impose liability arising out of any
493	487		actual or alleged act, error, or omission that occurred within the
494	488		scope of commission employment, duties, or responsibilities, or
495	489		that the person against whom the claim is made had a reasonable
496	490		basis for believing occurred within the scope of commission
497	491		employment, duties, or responsibilities; provided that nothing
498	492		herein shall be construed to prohibit that person from retaining
499	493		his or her own counsel; and provided further, that the actual or
500	494		alleged act, error, or omission did not result from that person's
501	495		intentional or willful or wanton misconduct.
502	496		3. The commission shall indemnify and hold harmless
503	497		any member, officer, executive director, employee, or
504	498		representative of the commission for the amount of any settlement
505	499		or judgment obtained against that person arising out of any actual
506	500		or alleged act, error or omission that occurred within the scope of
507	501		commission employment, duties, or responsibilities, or that such
508	502		person had a reasonable basis for believing occurred within the
509	503		scope of commission employment, duties, or responsibilities,
510	504		provided that the actual or alleged act, error, or omission did not
511	505		result from the intentional or willful or wanton misconduct of that
512	506		person.
513	507		Section 11. COORDINATED DATABASE. A. The commission shall
514	508		provide for the development and maintenance of a coordinated
515	509		database and reporting system containing licensure, adverse
516	510		action, and significant investigatory information on all licensed
517	511		individuals in member states.
518	512		B. Notwithstanding any other provision of state law to the
519	513		contrary, a member state shall submit a uniform data set to the
520	514		coordinated database on all individuals to whom this compact is
521	515		applicable as required by the rules of the commission, including:
522	516		1. identifying information;
523	517		2. licensure data;
524	518		3. significant investigatory information;
525	519		4. adverse actions against an individual's license;
526	520		5. an indicator that an individual's privilege to
527	521		practice is restricted, suspended or revoked;
528	522		6. non-confidential information related to
529	523		alternative program participation;
530	524		7. any denial of application for licensure, and the
531	525		reason or reasons for such denial; and
532	526		8. other information that may facilitate the
533	527		administration of this compact, as determined by the rules of the
534	528		commission.
535	529		C. The coordinated database administrator shall promptly
536	530		notify all member states of any adverse action taken against, or
537	531		significant investigative information on, any individual in a
538	532		member state.
539	533		D. Member states contributing information to the
540	534		coordinated database may designate information that may not be
541	535		shared with the public without the express permission of the
542	536		contributing state.
543	537		E. Any information submitted to the coordinated database
544	538		that is subsequently required to be expunged by the laws of the
545	539		member state contributing the information shall be removed from the
546	540		coordinated database.
547	541		Section 12. RULEMAKING. A. The commission shall exercise
548	542		its rulemaking powers pursuant to the criteria set forth in this
549	543		section and the rules adopted thereunder. Rules and amendments
550	544		shall become binding as of the date specified in each rule or
551	545		amendment.
552	546		B. If a majority of the legislatures of the member states
553	547		rejects a rule, by enactment of a statute or resolution in the same
554	548		manner used to adopt the compact, then such rule shall have no
555	549		further force and effect in any member state.
556	550		C. Rules or amendments to the rules shall be adopted at a
557	551		regular or special meeting of the commission.
558	552		D. Prior to promulgation and adoption of a final rule or
559	553		rules by the commission, and at least 60 days in advance of the
560	554		meeting at which the rule will be considered and voted upon, the
561	555		commission shall file a notice of proposed rulemaking:
562	556		1. on the website of the commission; and
563	557		2. on the website of each member state EMS authority or
564	558		the publication in which each state would otherwise publish
565	559		proposed rules.
566	560		E. The notice of proposed rulemaking shall include:
567	561		1. the proposed time, date, and location of the
568	562		meeting in which the rule will be considered and voted upon;
569	563		2. the text of the proposed rule or amendment and the
570	564		reason for the proposed rule;
571	565		3. a request for comments on the proposed rule from any
572	566		interested person; and
573	567		4. the manner in which interested persons may submit
574	568		notice to the commission of their intention to attend the public
575	569		hearing and any written comments.
576	570		F. Prior to adoption of a proposed rule, the commission
577	571		shall allow persons to submit written data, facts, opinions, and
578	572		arguments, which shall be made available to the public.
579	573		G. The commission shall grant an opportunity for a public
580	574		hearing before it adopts a rule or amendment if a hearing is
581	575		requested by:
582	576		1. at least 25 persons;
583	577		2. a governmental subdivision or agency; or
584	578		3. an association having at least 25 members.
585	579		H. If a hearing is held on the proposed rule or amendment,
586	580		the commission shall publish the place, time, and date of the
587	581		scheduled public hearing.
588	582		1. All persons wishing to be heard at the hearing shall
589	583		notify the executive director of the commission or other designated
590	584		member in writing of their desire to appear and testify at the
591	585		hearing not less than 5 business days before the scheduled date of
592	586		the hearing.
593	587		2. Hearings shall be conducted in a manner providing
594	588		each person who wishes to comment a fair and reasonable opportunity
595	589		to comment orally or in writing.
596	590		3. No transcript of the hearing is required, unless a
597	591		written request for a transcript is made, in which case the person
598	592		requesting the transcript shall bear the cost of producing the
599	593		transcript. A recording may be made in lieu of a transcript under
600	594		the same terms and conditions as a transcript. This subsection
601	595		shall not preclude the commission from making a transcript or
602	596		recording of the hearing if it so chooses.
603	597		4. Nothing in this section shall be construed as
604	598		requiring a separate hearing on each rule. Rules may be grouped for
605	599		the convenience of the commission at hearings required by this
606	600		section.
607	601		I. Following the scheduled hearing date, or by the close of
608	602		business on the scheduled hearing date if the hearing was not held,
609	603		the commission shall consider all written and oral comments
610	604		received.
611	605		J. The commission shall, by majority vote of all members,
612	606		take final action on the proposed rule and shall determine the
613	607		effective date of the rule, if any, based on the rulemaking record
614	608		and the full text of the rule.
615	609		K. If no written notice of intent to attend the public
616	610		hearing by interested parties is received, the commission may
617	611		proceed with promulgation of the proposed rule without a public
618	612		hearing.
619	613		L. Upon determination that an emergency exists, the
620	614		commission may consider and adopt an emergency rule without prior
621	615		notice, opportunity for comment, or hearing, provided that the
622	616		usual rulemaking procedures provided in the compact and in this
623	617		section shall be retroactively applied to the rule as soon as
624	618		reasonably possible, in no event later than 90 days after the
625	619		effective date of the rule. For the purposes of this provision, an
626	620		emergency rule is one that must be adopted immediately in order to:
627	621		1. meet an imminent threat to public health, safety,
628	622		or welfare;
629	623		2. prevent a loss of commission or member state funds;
630	624		3. meet a deadline for the promulgation of an
631	625		administrative rule that is established by federal law or rule; or
632	626		4. protect public health and safety.
633	627		M. The commission or an authorized committee of the
634	628		commission may direct revisions to a previously adopted rule or
635	629		amendment for purposes of correcting typographical errors, errors
636	630		in format, errors in consistency, or grammatical errors. Public
637	631		notice of any revisions shall be posted on the website of the
638	632		commission. The revision shall be subject to challenge by any
639	633		person for a period of 30 days after posting. The revision may be
640	634		challenged only on grounds that the revision results in a material
641	635		change to a rule. A challenge shall be made in writing, and
642	636		delivered to the chair of the commission prior to the end of the
643	637		notice period. If no challenge is made, the revision will take
644	638		effect without further action. If the revision is challenged, the
645	639		revision may not take effect without the approval of the
646	640		commission.
647	641		Section 13. OVERSIGHT, DISPUTE RESOLUTION, AND
648	642		ENFORCEMENT. A. Oversight.
649	643		1. The executive, legislative, and judicial branches
650	644		of state government in each member state shall enforce this compact
651	645		and take all actions necessary and appropriate to effectuate the
652	646		compact's purposes and intent. The provisions of this compact and
653	647		the rules promulgated hereunder shall have standing as statutory
654	648		law.
655	649		2. All courts shall take judicial notice of the
656	650		compact and the rules in any judicial or administrative proceeding
657	651		in a member state pertaining to the subject matter of this compact
658	652		which may affect the powers, responsibilities or actions of the
659	653		commission.
660	654		3. The commission shall be entitled to receive service
661	655		of process in any such proceeding, and shall have standing to
662	656		intervene in such a proceeding for all purposes. Failure to provide
663	657		service of process to the commission shall render a judgment or
664	658		order void as to the commission, this compact, or promulgated
665	659		rules.
666	660		B. Default, Technical Assistance, and Termination. 1. If
667	661		the commission determines that a member state has defaulted in the
668	662		performance of its obligations or responsibilities under this
669	663		compact or the promulgated rules, the commission shall:
670	664		a. provide written notice to the defaulting state
671	665		and other member states of the nature of the default, the proposed
672	666		means of curing the default and/or any other action to be taken by
673	667		the commission; and
674	668		b. provide remedial training and specific
675	669		technical assistance regarding the default.
676	670		2. If a state in default fails to cure the default, the
677	671		defaulting state may be terminated from the compact upon an
678	672		affirmative vote of a majority of the member states, and all rights,
679	673		privileges and benefits conferred by this compact may be terminated
680	674		on the effective date of termination. A cure of the default does not
681	675		relieve the offending state of obligations or liabilities incurred
682	676		during the period of default.
683	677		3. Termination of membership in the compact shall be
684	678		imposed only after all other means of securing compliance have been
685	679		exhausted. Notice of intent to suspend or terminate shall be given
686	680		by the commission to the governor, the majority and minority
687	681		leaders of the defaulting state's legislature, and each of the
688	682		member states.
689	683		4. A state that has been terminated is responsible for
690	684		all assessments, obligations, and liabilities incurred through the
691	685		effective date of termination, including obligations that extend
692	686		beyond the effective date of termination.
693	687		5. The commission shall not bear any costs related to a
694	688		state that is found to be in default or that has been terminated
695	689		from the compact, unless agreed upon in writing between the
696	690		commission and the defaulting state.
697	691		6. The defaulting state may appeal the action of the
698	692		commission by petitioning the U.S. District Court for the District
699	693		of Columbia or the federal district where the commission has its
700	694		principal offices. The prevailing member shall be awarded all costs
701	695		of such litigation, including reasonable attorney's fees.
702	696		C. Dispute Resolution. 1. Upon request by a member state,
703	697		the commission shall attempt to resolve disputes related to the
704	698		compact that arise among member states and between member and
705	699		non-member states.
706	700		2. The commission shall promulgate a rule providing
707	701		for both mediation and binding dispute resolution for disputes as
708	702		appropriate.
709	703		D. Enforcement. 1. The commission, in the reasonable
710	704		exercise of its discretion, shall enforce the provisions and rules
711	705		of this compact.
712	706		2. By majority vote, the commission may initiate legal
713	707		action in the United States District Court for the District of
714	708		Columbia or the federal district where the commission has its
715	709		principal offices against a member state in default to enforce
716	710		compliance with the provisions of the compact and its promulgated
717	711		rules and bylaws. The relief sought may include both injunctive
718	712		relief and damages. In the event judicial enforcement is necessary,
719	713		the prevailing member shall be awarded all costs of such
720	714		litigation, including reasonable attorney's fees.
721	715		3. The remedies herein shall not be the exclusive
722	716		remedies of the commission. The commission may pursue any other
723	717		remedies available under federal or state law.
724	718		Section 14. DATE OF IMPLEMENTATION OF THE INTERSTATE
725	719		COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES,
726	720		WITHDRAWAL, AND AMENDMENT. A. The compact shall come into effect
727	721		on the date on which the compact statute is enacted into law in the
728	722		tenth member state. The provisions, which become effective at that
729	723		time, shall be limited to the powers granted to the commission
730	724		relating to assembly and the promulgation of rules. Thereafter, the
731	725		commission shall meet and exercise rulemaking powers necessary to
732	726		the implementation and administration of the compact.
733	727		B. Any state that joins the compact subsequent to the
734	728		commission's initial adoption of the rules shall be subject to the
735	729		rules as they exist on the date on which the compact becomes law in
736	730		that state. Any rule that has been previously adopted by the
737	731		commission shall have the full force and effect of law on the day
738	732		the compact becomes law in that state.
739	733		C. Any member state may withdraw from this compact by
740	734		enacting a statute repealing the same.
741	735		1. A member state's withdrawal shall not take effect
742	736		until six months after enactment of the repealing statute.
743	737		2. Withdrawal shall not affect the continuing
744	738		requirement of the withdrawing state's EMS authority to comply with
745	739		the investigative and adverse action reporting requirements of this
746	740		compact prior to the effective date of withdrawal.
747	741		D. Nothing contained in this compact shall be construed to
748	742		invalidate or prevent any EMS personnel licensure agreement or
749	743		other cooperative arrangement between a member state and a
750	744		non-member state that does not conflict with the provisions of this
751	745		compact.
752	746		E. This compact may be amended by the member states. No
753	747		amendment to this compact shall become effective and binding upon
754	748		any member state until it is enacted into the laws of all member
755	749		states.
756	750		Section 15. CONSTRUCTION AND SEVERABILITY. This compact
757	751		shall be liberally construed so as to effectuate the purposes
758	752		thereof. If this compact shall be held contrary to the constitution
759	753		of any state member thereto, the compact shall remain in full force
760	754		and effect as to the remaining member states. Nothing in this
761	755		compact supersedes state law or rules related to licensure of EMS
762	756		agencies.
763	757		SECTION 2. This Act takes effect September 1, 2015.
764		-	* * * * *
	758	+	______________________________ ______________________________
	759	+	President of the Senate Speaker of the House
	760	+	I certify that H.B. No. 2498 was passed by the House on May
	761	+	12, 2015, by the following vote: Yeas 134, Nays 10, 2 present, not
	762	+	voting.
	763	+	______________________________
	764	+	Chief Clerk of the House
	765	+	I certify that H.B. No. 2498 was passed by the Senate on May
	766	+	25, 2015, by the following vote: Yeas 29, Nays 2.
	767	+	______________________________
	768	+	Secretary of the Senate
	769	+	APPROVED: _____________________
	770	+	Date
	771	+	_____________________
	772	+	Governor