A 4186 — Enters New Jersey into Emergency Medical Services Personnel Licensure Interstate Compact.

          (4)  (3)  NoNotifies later than 5 years after activation of the compact,commission, requiresin acompliance 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 requirementsterms ofherein, the Federal Bureau of Investigation,any withadverse theaction exceptionor ofsignificant federalinvestigatory employeesinformation whoregarding havean aindividual; suitability determination in accordance with 5 C.F.R.

      (4)  No later than 5 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 a suitability determination in accordance with 5 C.F.R.

and           (5)  (5)  Complies with the rules of the commission.

          IV. IV. Compact Privilege To Practice.

    Compact (a)  Privilege MemberTo statesPractice. shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Article III.

          (b)  (a)  ToMember exercisestates shall recognize the privilege to practice underof thean termsindividual andlicensed provisionsin ofanother thismember compact,state anthat individualis must:in conformance with Article III.

          (1)  (b)  BeTo atexercise leastthe 18privilege yearsto practice under the terms and provisions of age;this compact, an individual must:

          (2)  (1)  PossessBe aat currentleast unrestricted18 licenseyears in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practiceage; and authority between EMT and paramedic;

and          (2)  (3)  Possess Practicea undercurrent theunrestricted supervisionlicense ofin a medicalmember director.state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic;

    and (c)        An(3)  individualPractice providing patient care in a remote state under the privilegesupervision to practice shall function within the scope of practicea authorizedmedical bydirector. 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)  (c)  ExceptAn asindividual providedproviding inpatient subparagraphcare (c) of this Article, an individual practicing in a remote state willunder bethe subjectprivilege to thepractice remoteshall state’sfunction authoritywithin andthe laws. scope Aof remotepractice stateauthorized may,by inthe accordancehome withstate, dueunless process and thatuntil state’smodified laws,by restrict, suspend, or revoke an individual’sappropriate privilegeauthority to practice in the remote state,state andas may takebe anydefined otherin necessary actions to protect the healthrules and safety of its citizens.  If a remote state takes action, it shall promptly notify the home state and the commission.

          (e)  (d) IfExcept as provided in subparagraph (c) of this Article, an individual’sindividual licensepracticing in anya homeremote state iswill restrictedbe orsubject suspended,to the individualremote shallstate’s notauthority beand eligiblelaws.  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 undertakes theaction, privilegeit toshall practicepromptly untilnotify the individual’s home state licenseand isthe restored.commission.

          (f)  (e)  If an individual’s privilegelicense to practice in any remotehome state is restricted,restricted suspended, or revoked,suspended, the individual shall not be eligible to practice in anya remote state untilunder the individual’s privilege to practice until the individual’s home state license is restored.

           (f)  V.  If Conditionsan ofindividual’s Practiceprivilege into a Remote State.  An individual may practice in aany remote state underis arestricted, privilegesuspended, toor practicerevoked, only in the performanceindividual ofshall thenot individual’sbe EMSeligible dutiesto aspractice assignedin byany anremote appropriatestate authority,until as defined in the rulesindividual’s ofprivilege theto commission,practice andis underrestored. the following circumstances:

      (a)        TheV.  individualConditions originatesof Practice in a patientRemote transportState.  An individual may practice in a homeremote state andunder transportsa privilege to practice only in the patientperformance toof athe remoteindividual’s state;EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:

          (b)  (a)  The individual originates ina thepatient hometransport statein and enters a remotehome state to pick up a patient and providetransports care and transport of the patient to thea homeremote state;

          (c)  (b)  The individual originates in the home state and enters a remote state to providepick up a patient and provide care and/orand transport withinof thatthe remotepatient to the home state;

          (d)  (c)  The individual enters a remote state to pickprovide up a patient and provide care andand/or transport towithin athat thirdremote member state;

and          (d) (e)  The Otherindividual conditionsenters asa determinedremote bystate rulesto promulgatedpick byup thea commission.patient and provide care and transport to a third member state;

       VI.  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(e)  EMACOther shallconditions apply. as Todetermined theby extentrules anypromulgated termsby or provisions of this compact conflict with the EMAC,commission. the terms of the EMAC shall prevail with respect to any individual practicing in the remote state in response to the declaration.

            VII.  VI. Veterans, Service Members Separating From Active Duty Military, and Their Spouses.

    Relationship (a)  to MemberEmergency statesManagement shallAssistance considerCompact.  Upon a veteran,member activestate’s militarygovernor’s servicedeclaration member,of anda memberstate of theemergency Nationalor Guarddisaster andthat Reservesactivates separatingthe fromEmergency anManagement activeAssistance dutyCompact tour,(EMAC), andall arelevant spouseterms thereof,and whoprovisions holdsof aEMAC currentshall validapply.  andTo unrestrictedthe NREMTextent certificationany atterms or aboveprovisions of this compact conflict with the levelEMAC, the terms of the stateEMAC licenseshall beingprevail soughtwith asrespect satisfyingto theany minimumindividual trainingpracticing andin examinationthe requirementsremote forstate suchin licensure.response to the declaration.

      (b)        MemberVII.  statesVeterans, shallService expediteMembers theSeparating processingFrom ofActive licensureDuty applicationsMilitary, submitted by veterans, active military service members, and membersTheir ofSpouses. the National Guard and Reserves separating from an active duty tour, and their spouses.

          (c)  (a)  AllMember individualsstates functioningshall withconsider a privilegeveteran, toactive practicemilitary underservice thismember, paragraphand shallmember remainof subjectthe toNational theGuard adverseand actionsReserves provisionsseparating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of Articlethe VIII.state license being sought as satisfying the minimum training and examination requirements for such licensure.

           (b)  VIII.  Member Adversestates Actions.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.

          (a)  (c)  AAll homeindividuals statefunctioning shallwith havea exclusiveprivilege power to imposepractice adverseunder actionthis againstparagraph anshall individual’sremain licensesubject issuedto by the homeadverse state.actions provisions of Article VIII.

      (b)        IfVIII.  anAdverse individual’sActions. 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)  (a)  AllA home state adverse action orders shall includehave aexclusive statementpower that the individual’s compact privileges are inactive.  The order may allow the individual to practiceimpose inadverse remoteaction statesagainst withan priorindividual’s writtenlicense authorizationissued fromby both the home state’sstate. and the remote state’s EMS authority.

          (2)  (b)  AnIf individualan currentlyindividual’s subjectlicense to adverse action in theany home state is restricted or suspended, the individual shall not be eligible to practice in anya remote state withoutunder priorthe writtenprivilege authorizationto frompractice bothuntil the individual’s home state’sstate andlicense theis remoterestored. state’s EMS authority.

          (c)  (1)  AAll memberhome state shalladverse reportaction adverseorders actionsshall andinclude anya occurrencesstatement causingthat the individual’s compact privileges toare beinactive.  restricted,The suspended,order ormay revokedallow to the commissionindividual to practice in accordanceremote states with prior written authorization from both the ruleshome ofstate’s and the commission.remote state’s EMS authority.

          (d)  (2)  AAn remoteindividual statecurrently maysubject taketo adverse action onin anthe individual’shome privilegestate toshall not practice withinin thatany state.remote state without prior written authorization from both the home state’s and the remote state’s EMS authority.

          (e)  (c)  AnyA member state mayshall takereport adverse actionactions againstand anany individual’soccurrences privilegecausing to practice in that state based on the factualindividual’s findingscompact ofprivileges anotherto memberbe state,restricted, sosuspended, longor asrevoked eachto statethe followscommission itsin ownaccordance procedureswith forthe imposingrules suchof adversethe action.commission.

          (f)  (d) A homeremote state’sstate EMSmay authority shall investigate and take appropriateadverse action,action withon respectan toindividual’s reportedprivilege conduct in a remote state, to thepractice same extent as it would if such conduct had occurred within thethat homestate. state.  In such cases, the home state’s law shall control in determining the appropriate adverse action.

          (g)  (e)  NothingAny in this compact shall override a member state’sstate decisionmay thattake participationadverse inaction against an alternativeindividual’s programprivilege mayto bepractice used in lieu of adverse action and that suchstate participationbased shallon remainthe nonpublicfactual iffindings requiredof byanother the member state’sstate, laws. so Memberlong statesas musteach require individuals who enter any alternative programs to agree not to practice in any other member state duringfollows theits termown ofprocedures thefor alternativeimposing program, without prior authorization from such otheradverse memberaction. state.

           (f)  IX.    A Additionalhome Powersstate’s InvestedEMS inauthority ashall Memberinvestigate State’sand EMStake Authority. appropriate Aaction, memberwith state’srespect EMSto authority,reported conduct in additiona remote state, to anythe othersame powersextent grantedas underit statewould law,if issuch authorizedconduct underhad thisoccurred compactwithin to:the home state.  In such cases, the home state’s law shall control in determining the appropriate adverse action.

          (a)  (g)  IssueNothing subpoenasin forthis bothcompact hearingsshall andoverride investigationsa thatmember requirestate’s thedecision attendancethat andparticipation testimonyin ofan witnessesalternative andprogram themay productionbe ofused evidence. in Subpoenaslieu issuedof byadverse aaction memberand state’sthat EMSsuch authorityparticipation forshall theremain attendancenonpublic andif testimonyrequired ofby witnesses, or for the production of evidence from another member state,state’s orlaws.  bothMember shallstates bemust enforcedrequire inindividuals thewho remoteenter state by any courtalternative ofprograms competentto jurisdiction,agree accordingnot 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 feesmember requiredstate byduring the serviceterm statutes of the statealternative whereprogram, thewithout witnesses,prior evidence,authorization orfrom bothsuch areother located;member state.

and            (b)  IX.    IssueAdditional ceasePowers andInvested desistin ordersa toMember restrict,State’s suspend,EMS orAuthority.  revokeA anmember individual’sstate’s privilegeEMS authority, in addition to practiceany inother thepowers state.granted under state law, is authorized under this compact to:

           (a)  X.  Issue Establishmentsubpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the Interstateproduction Commissionof evidence.  Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, or for the production of evidence from another member state, or both 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 Personnelauthority Practice.shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses, evidence, or both are located;

    and (a)        The(b)  compactIssue statescease hereby create and establishdesist aorders jointto publicrestrict, agencysuspend, knownor asrevoke thean Interstateindividual’s Commissionprivilege forto EMSpractice Personnelin Practice.the state.

      (1)        TheX.  commissionEstablishment isof athe bodyInterstate politicCommission andfor anEMS instrumentalityPersonnel ofPractice. the compact states.

          (2)  (a)  VenueThe iscompact proper,states andhereby judicialcreate proceedings by or against the commission shall be brought solely and exclusively,establish in a courtjoint ofpublic competentagency jurisdictionknown whereas the principalInterstate officeCommission offor theEMS commissionPersonnel isPractice. located.  The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

          (3)  (1)  NothingThe incommission thisis compacta shallbody bepolitic construedand toan beinstrumentality a waiver of sovereignthe immunity.compact states.

          (b)  (2)  Membership,Venue Voting,is proper, and Meetings.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.

          (1)  (3)  EachNothing memberin state shall have and be limited to one delegate.  The responsible official of the state EMS authority, or his or her 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 filledconstrued into accordance with the laws of the member state in which the vacancy exists.       (2)   Each delegate shall be entitleda towaiver one vote with regard to the promulgation of rulessovereign andimmunity. 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)  (b)  TheMembership, commissionVoting, shalland meetMeetings. at least once during each calendar year.  Additional meetings shall be held as set forth in the bylaws.

          (4)  (1)  AllEach meetingsmember state shall have and be openlimited to one delegate.  The responsible official of the public,state andEMS publicauthority, noticeor his or her 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 meetingsthe state from which the delegate is appointed.  Any vacancy occurring in the commission shall be givenfilled in accordance with the samelaws mannerof the member state in which the vacancy exists.        (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 requiredprovided underin the rulemakingbylaws.  provisionsThe bylaws may provide for delegates’ participation in paragraphmeetings XII.by telephone or other means of communication.

          (5)  (3)  The commission mayshall convenemeet inat aleast closed,once nonpublicduring meeting,each ifcalendar theyear.  commissionAdditional mustmeetings discuss:shall be held as set forth in the bylaws.

          (A) (4)  All meetings shall be open to the noncompliancepublic, and public notice of ameetings membershall statebe withgiven itsin obligationsthe same manner as required under the compact;rulemaking provisions in paragraph XII.

          (B) (5)  theThe employment,commission compensation,may disciplineconvene orin othera personnelclosed, matters,nonpublic practicesmeeting, orif procedures related to specific employees or other matters related to the commission’scommission internalmust personneldiscuss: practices and procedures;

          (C)   (A) the current,noncompliance threatened,of ora reasonablymember anticipatedstate litigation;with its obligations under the compact;

          (D)  (B) the negotiationemployment, ofcompensation, contractsdiscipline foror theother purchasepersonnel matters, practices or saleprocedures ofrelated goods,to services,specific employees or realother estate;matters related to the commission’s internal personnel practices and procedures;

          (E)   (C)  accusingthe anycurrent, personthreatened, of a crime or formallyreasonably censuringanticipated anylitigation; person;

          (F)   (D)  the disclosurenegotiation of tradecontracts secretsfor orthe commercialpurchase or financialsale informationof thatgoods, isservices, privileged or confidential;real estate;

          (G)  (E)   theaccusing disclosureany ofperson information of a personalcrime natureor whereformally disclosurecensuring wouldany constituteperson; a clearly unwarranted invasion of personal privacy;

          (H)  (F)   the disclosure of investigatorytrade recordssecrets compiledor forcommercial lawor enforcementfinancial purposes;information that is privileged or confidential;

          (I)  (G)  the disclosure of information relatedof toa anypersonal investigatorynature reportswhere prepareddisclosure by,would orconstitute ona behalfclearly orunwarranted forinvasion use of, the commission or other committee charged with responsibility of investigationpersonal orprivacy; determination of compliance issues pursuant to the compact;

or          (H)  (J)  the matters specifically exempted from disclosure byof ainvestigatory federalrecords orcompiled memberfor statelaw statute.enforcement purposes;

          (6)  (I)  Ifthe adisclosure meeting, or portion of ainformation meeting,related isto closedany pursuantinvestigatory toreports thisprepared provision,by, theor commission’son legalbehalf counsel or designeefor shalluse certifyof, that the meeting may be closed, and shall reference each relevant exempting provision.  The commission shallor keepother minutescommittee thatcharged fullywith andresponsibility clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actionsinvestigation taken,or anddetermination the reasons therefore, including a description of thecompliance viewsissues expressed. pursuant 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,compact; or by order of a court of competent jurisdiction.

     (c)   The commission shall, by a majority vote of the delegates, prescribe bylaws or, or both,      rules(J)  tomatters governspecifically itsexempted conductfrom asdisclosure mayby bea necessaryfederal or appropriatemember tostate carrystatute. out the purposes and exercise the powers of the compact, including but not limited to:

          (1)  (6)  establishingIf a meeting, or portion of a meeting, is closed pursuant to this provision, the fiscalcommission’s yearlegal 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 commission.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 by order of a court of competent jurisdiction.

          (2)  (c)  providingThe reasonablecommission standardsshall, by a majority vote of the delegates, prescribe bylaws or, or both, rules to govern its conduct as may be necessary or appropriate to carry out the purposes and procedures:exercise the powers of the compact, including but not limited to:

          (A) (1)  forestablishing the establishmentfiscal andyear meetings of otherthe committees;commission.

and          (2)  (B) providing governingreasonable anystandards generaland orprocedures: specific delegation of any authority or function of the commission.

          (3)  (A) providing reasonable procedures for calling and conducting meetings of the commission,establishment 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,other andcommittees; 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.

    and (4)        establishing(B) thegoverning titles,any duties,general andor authority,specific anddelegation reasonableof proceduresany forauthority theor electionfunction of the officers of the commission.

          (5)  (3)  providing reasonable standardsprocedures for calling and proceduresconducting formeetings of the establishmentcommission, 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 personnelpublic’s policiesinterest, the privacy of individuals, and programsproprietary information, including trade secrets.  The commission may meet in closed session only after a majority of the commission. membership Notwithstandingvotes anyto civilclose servicea ormeeting otherin similarwhole lawsor ofin anypart.  memberAs state,soon as practicable, the bylawscommission shallmust exclusivelymake governpublic a copy of the personnelvote policiesto andclose programsthe ofmeeting revealing the commission.vote of each member with no proxy votes allowed.

          (6)  (4)  promulgatingestablishing athe codetitles, ofduties, ethicsand toauthority, addressand permissiblereasonable andprocedures prohibitedfor activitiesthe election of commissionthe membersofficers andof employees.the commission.

          (7)  (5)  providing areasonable mechanismstandards forand windingprocedures upfor the operationsestablishment of the commissionpersonnel policies and theprograms equitable disposition of anythe surpluscommission.  fundsNotwithstanding thatany maycivil existservice afteror theother terminationsimilar laws of theany compactmember afterstate, the paymentbylaws and/orshall reservingexclusively ofgovern allthe ofpersonnel itspolicies debts and obligations.programs of the commission.

          (8)  (6)  publishingpromulgating its bylaws and filing a copycode thereof, and a copy of anyethics amendmentto thereto,address withpermissible theand appropriateprohibited agencyactivities or officer in each of thecommission membermembers states,and ifemployees. any.

          (9)  (7)  maintainingproviding itsa financialmechanism recordsfor inwinding accordanceup withthe operations of the bylaws.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.

          (10)   (8)  eetingpublishing its bylaws and takingfiling actionsa thatcopy arethereof, consistentand a copy of any amendment thereto, with the provisionsappropriate ofagency thisor compactofficer andin each of the bylaws.member states, if any.

          (d)  (9)  Themaintaining commissionits shallfinancial haverecords thein followingaccordance powers:with the bylaws.

          (1)  (10)   the1[eeting] authoritymeeting1 toand promulgatetaking uniformactions rulesthat toare facilitateconsistent andwith coordinatethe implementationprovisions and administration of this compact. compact The rules shall have the force and effect of law and shall be binding in the memberbylaws. states;

          (2)  (d) toThe bringcommission andshall prosecutehave legal proceedings or actions in the namefollowing ofpowers: the commission;

      (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 the member states;

      (2)  to bring and prosecute legal proceedings or actions in the name of the commission;

          (3)  (3)  to purchase and maintain insurance and bonds;

          (4)  (4)  to borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

          (5)  (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 establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

          (6)  (6)  to accept, receive, utilize, and dispose of any and all appropriate donations and grants of money, equipment, supplies, materials, and services;

          (7)  (7)  to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

          (8)  (8)  to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property;

          (9)  (9)  to establish a budget and make expenditures;

          (10)   (10)   to borrow money;

          (11)   (11)   to appoint committees, including advisory committees composed 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)   (12)   to provide and receive information from, and to cooperate with, law enforcement agencies;

          (13)   (13)   to adopt and use an official seal;

and           (14)   (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)  (e)  Financing of the Commission.

          (1)  (1)  The commission shall pay, or provide for the payment of, the reasonable expenses associated with its establishment, organization, and ongoing activities.

          (2)  (2)  The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

          (3)  (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, and the levy shall 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 that is binding upon all member states.

          (4)  (4)  The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;

          (5)  (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 shall become part of, the annual report of the commission.

          (f)  (f)  Qualified Immunity, Defense, and Indemnification.

          (1)  (1)  The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, in their official capacity, for any claim for damage to or loss of property, or for 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;

          (2)  (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;

          (3)  (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;

            XI.  XI.  Coordinated Database.

          (a)  (a)  The commission shall provide for the development and maintenance of a coordinated database and reporting system that contains licensure, adverse action, and significant investigatory information on all licensed individuals in member states.

          (b)  (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)  (1)  identifying information;

          (2)  (2)  licensure data;

          (3)  (3)  significant investigatory information;

          (4)  (4)  adverse actions against an individual’s license;

          (5)  (5)  an indicator that an individual’s privilege to practice is restricted, suspended, or revoked;

          (6)  (6)  nonconfidential information related to alternative program participation;

          (7)  (7)  any denial of an application for licensure, and the reasons for such denial;

and           (8)  (8)  other information that may facilitate the administration of this compact, as determined by the rules of the commission.

          (c)  (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)  (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)  (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.

            XII.  XII.  Rulemaking.

          (a)  (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)  (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)  (c)  Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

          (d)  (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)  (1)  on the website of the commission;

and           (2)  (2)  on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.

          (e)  (e)  The notice of proposed rulemaking shall include:

          (1)  (1)  The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

          (2)  (2)  The text of the proposed rule or amendment, and the reason for the proposed rule;

          (3)  (3)  A request for comments on the proposed rule from any interested person;

and           (4)  (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)  (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)  (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)  (1)  at least 25 persons;

          (2)  (2)  a governmental subdivision or agency;

or           (3)  (3)  an association having at least 25 members.

          (h)  (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)  (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 five business days before the scheduled date of the hearing.

          (2)  (2)  Hearings shall be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

          (3)  (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.

          (4)  (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)   (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)   (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)  (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)   (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, and 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)  (1)  meet an imminent threat to public health, safety, or welfare;

          (2)  (2)  prevent a loss of commission or member state funds;

          (3)  (3)  meet a deadline for the promulgation of an administrative rule that is established by federal law or rule;

or           (4)  (4)  protect public health and safety.

          (m)  (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.

            XIII.  XIII.  Oversight, Dispute Resolution, and Enforcement.

          (a)  (a)  Oversight.

          (1)  (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)  (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)  (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)  (b)  Default, Technical Assistance, and Termination.

          (1)  (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)  (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 any other action to be taken by the commission;

and           (B)   (B)  provide remedial training and specific technical assistance regarding the default.

          (2)  (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)  (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)  (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)  (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)  (6)  The defaulting state may appeal the action of the commission by petitioning the United States 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)  (c)  Dispute Resolution.

          (1)  (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)  (2)  The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

          (d)  (d) Enforcement.

          (1)  (1)  The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

          (2)  (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, in order 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 state shall be awarded all costs of such litigation, including reasonable attorney’s fees.            (3)  (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.

            XIV.    XIV.    Date of Implementation of the Interstate Commission for EMS Personnel Practice and Associated Rules, Withdrawal, and Amendment.

          (a)  (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)  (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)  (c)  Any member state may withdraw from this compact by enacting a statute repealing the same.

          (1)  (1)  A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

          (2)  (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 act prior to the effective date of withdrawal.

          (d)  (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)  (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.

            XV.    XV.    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 the licensure of EMS agencies.

STATEMENT        This bill enters New Jersey into the Recognition Emergency Medical Services (EMS) Personnel Licensure Interstate Compact (otherwise known as REPLICA).

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.

     REPLICA is the nation's first and only multi-state compact for the EMS profession.

REPLICA provides qualified EMS professionals licensed in a "home state" a legal "privilege to practice" in "remote states."  Home states are states where an EMT is licensed;

while remote states are other states that have adopted the REPLICA legislation.