HB 31 — EMS PERSONNEL LICENSURE INTERSTATE COMPACT

An individual providing patient care in a remote e t 17 state under the privilege to practice shall function within the ew tl 17n d 18 scope of practice authorized by the home state unless and until w= l= n19 d 18 modified by an appropriate authority in the remote state, as =a =l 19i a le r 20 may be defined in the rules of the commission.

i a et rm 20m 21 D.

Except as provided in Subsection C of this ad tr me m22 21 section, an individual practicing in a remote state shall be dc r e 22s k 23 subject to the remote state's authority and laws.

A remote c e sa kn 23b 24 state may, in accordance with due process and that state's eu a[ n b 24 laws, restrict, suspend or revoke an individual's privilege to u.233398.1 [- 8 - HJC/HB 31 practice in the remote state and may take any other necessary .232924.1 - 8 - actions to protect the health and safety of its residents.

[NEW MATERIAL] CONDITIONS OF PRACTICE IN A REMOTE STATE.--An individual may practice in a remote state under a privilege to practice only in the performance of the individual's emergency medical services duties as assigned by e t 17 an appropriate authority, as defined in the rules of the ew tl 17n d 18 commission, and under the following circumstances:

w= l= n19 d 18 A.

the individual originates a patient transport in =a =l 19i a le r 20 a home state and transports the patient to a remote state;

i a et rm 20m 21 B.

the individual originates in the home state and ad tr me m22 21 enters a remote state to pick up a patient and provide care and dc r e 22s k 23 transport of the patient to the home state;

c e sa kn 23b 24 C.

the individual enters a remote state to provide eu a[ n b 24 patient care or transport within that remote state;

u.233398.1 [- 9 - HJC/HB 31 D.

the individual enters a remote state to pick up .232924.1 - 9 - a patient and provide care and transport to a third member state;

e t 17 SECTION 8.

[NEW MATERIAL] VETERANS, SERVICE MEMBERS ew tl 17n d 18 SEPARATING FROM ACTIVE DUTY MILITARY AND THEIR SPOUSES.-- w= l= n19 da 18l A.

Member states shall consider a veteran, an =i =a 19e ar l20 active military service member or a member of the national i a et rm 20m 21 guard and reserves separating from an active duty tour, and a ad tr me m22 21 spouse thereof, who holds a current valid and unrestricted dc r e 22s k 23 national registry of emergency medical technicians c e sa kn 23b 24 certification at or above the level of the state license being eu a[ n b 24 sought as satisfying the minimum training and examination u.233398.1 [- 10 - HJC/HB 31 requirements for the licensure.

.232924.1 - 10 - B.

All individuals functioning with a privilege to practice under this section remain subject to the adverse actions provisions of Section 9 of the Emergency Medical Services Personnel Licensure Interstate Compact.

If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice e t 17 until the individual's home state license is restored.

ew tl 17n d 18 (1) adverse action orders issued by a home w= l= n19 d 18 state's emergency medical services authority shall include a =a =l 19i a le r 20 statement that the individual's compact privileges are i a et rm 20m 21 inactive.

An order may allow the individual to practice in ad tr me m22 21 remote states with prior written authorization from both the dc r e 22s k 23 home state and remote state's state emergency medical services c e sa kn 23b 24 authority;

and eu a[ n b 24 (2) individual subject to adverse action in u.233398.1 [- 11 - HJC/HB 31 the home state shall not practice in any remote state without .232924.1 - 11 - prior written authorization from both the home state's and remote state's state emergency medical services authority.

A home state's state emergency medical services authority shall investigate and take appropriate action with e t 17 respect to reported conduct in a remote state as it would if ew tl 17n d 18 such conduct had occurred in the home state.

In such cases, w= l= n19 d 18 the home state's law shall control in determining the =a =l 19i a le r 20 appropriate adverse action.

i a et rm 20m 21 G.

Nothing in this compact shall override a member ad tr me m22 21 state's decision that participation in an alternative program dc r e 22s k 23 may be used in lieu of adverse action and that such c e sa kn 23b 24 participation shall remain nonpublic if required by the member eu a[ n b 24 state's laws.

Member states shall require individuals who u.233398.1 [- 12 - HJC/HB 31 enter any alternative programs to agree not to practice in any .232924.1 - 12 - other member state during the term of the alternative program without prior authorization from the other member state.

Subpoenas issued by a member state's state emergency medical services authority for the attendance and testimony of witnesses, or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its e t 17 own proceedings.

The issuing state emergency medical services ew tl 17n d 18 authority shall pay any witness fees, travel expenses, mileage w= l= n19 d 18 and other fees required by the service statutes of the state =a =l 19i a le r 20 where the witnesses or evidence are located;

and i a et rm 20m 21 B.

cease-and-desist orders to restrict, suspend or ad tr me m22 21 revoke an individual's privilege to practice in the state.

dc r e 22s k 23 SECTION 11.

[NEW MATERIAL] ESTABLISHMENT OF THE c e sa kn 23b 24 INTERSTATE COMMISSION FOR EMERGENCY MEDICAL SERVICES PERSONNEL eu a[ nPRACTICE.-- b.233398.1 24- PRACTICE.--13 u- [HJC/HB 31 A.

The member states hereby create and establish a .232924.1 - 13 - joint public agency known as the "interstate commission for emergency medical services personnel practice".

The responsible official of the state e t 17 emergency medical services authority or the official's designee ew tl 17n d 18 shall be the delegate to this compact for each member state.

w= l= n19 d 18 Any delegate may be removed or suspended from office as =a =l 19i a le r 20 provided by the law of the state from which the delegate is i a et rm 20m 21 appointed.

Any vacancy occurring in the commission shall be ad tr me m22 21 filled in accordance with the laws of the member state in which dc r e 22s k 23 the vacancy exists.

In the event that more than one board, c e sa kn 23b 24 office or other agency with the legislative mandate to license eu a[ n b 24 emergency medical services personnel at and above the level of u.233398.1 [- 14 - HJC/HB 31 emergency medical technician exists, the governor of the state .232924.1 - 14 - shall determine which entity shall be responsible for assigning the delegate;

(4) all meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 13 of e t 17 the Emergency Medical Services Personnel Licensure Interstate ew tl 17n d 18 Compact;

w= l= n19 d 18 (5) the commission may convene in a closed, =a =l 19i a le r 20 nonpublic meeting if the commission is discussing:

i a et rm 20m 21 (a) noncompliance of a member state with ad tr me m22 21 its obligations under this compact;

dc r e 22s k 23 (b) the employment, compensation, c e sa kn 23b 24 discipline or other personnel matters, practices or procedures eu a[ n b 24 related to specific employees or other matters related to the u.233398.1 [- 15 - HJC/HB 31 commission's internal personnel practices and procedures;

.232924.1 - 15 - (c) current, threatened or reasonably anticipated litigation;

(i) disclosure of information related to e t 17 any investigatory reports prepared by or on behalf of or for ew tl 17n d 18 use of the commission or other committee charged with w= l= n19 d 18 responsibility of investigation or determination of compliance =a =l 19i a le r 20 issues pursuant to this compact;

or i a et rm 20m 21 (j) matters specifically exempted from ad tr me m22 21 disclosure by federal or member state statute;

and dc r e 22s k 23 (6) if a meeting, or portion of a meeting, is c e sa kn 23b 24 closed pursuant to this provision, the commission's legal eu a[ n b 24 counsel or designee shall certify that the meeting may be u.233398.1 [- 16 - HJC/HB 31 closed and shall reference each relevant exempting provision.

.232924.1 - 16 - The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed.

e t 17 (2) providing reasonable standards and ew tl 17n d 18 procedures:

w= l= n19 d 18 (a) for the establishment and meetings =a =l 19i a le r 20 of other committees;

and i a et rm 20m 21 (b) governing any general or specific ad tr me m22 21 delegation of any authority or function of the commission;

dc r e 22s k 23 (3) providing reasonable procedures for c e sa kn 23b 24 calling and conducting meetings of the commission, ensuring eu a[ n b 24 reasonable advance notice of all meetings and providing an u.233398.1 [- 17 - HJC/HB 31 opportunity for attendance of meetings by interested parties, .232924.1 - 17 - with enumerated exceptions designed to protect the public's interest, the privacy of individuals and proprietary information, including trade secrets.

Notwithstanding any civil service or other similar laws of any member state, the bylaws shall e t 17 exclusively govern the personnel policies and programs of the ew tl 17n d 18 commission;

w= l= n19 d 18 (6) promulgating a code of ethics to address =a =l 19i a le r 20 permissible and prohibited activities of commission members and i a et rm 20m 21 employees;

ad tr me m22 21 (7) providing a mechanism for winding up the dc r e 22s k 23 operations of the commission and the equitable disposition of c e sa kn 23b 24 any surplus funds that may exist after the termination of this eu a[ n b 24 compact after the payment or reserving of all of the u.233398.1 [- 18 - HJC/HB 31 commission's debts and obligations;

and .232924.1 - 18 - (8) publishing the commission's bylaws and filing a copy thereof, and a copy of any amendment to the bylaws, with the appropriate agency or officer in each of the member states, if any.

(2) to bring and prosecute legal proceedings e t 17 or actions in the name of the commission;

provided that the ew tl 17n d 18 standing of any state emergency medical services authority or w= l= n19 d 18 other regulatory body responsible for emergency medical =a =l 19i a le r 20 services personnel licensure to sue or be sued under applicable i a et rm 20m 21 law shall not be affected;

ad tr me m22 21 (3) to purchase and maintain insurance and dc r e 22s k 23 bonds;

c e sa kn 23b 24 (4) to borrow, accept or contract for services eu a[ n b 24 of personnel, including employees of a member state;

u.233398.1 [- 19 - HJC/HB 31 (5) to hire employees, elect or appoint .232924.1 - 19 - officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of this compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

e t 17 (8) to sell, convey, mortgage, pledge, lease, ew tl 17n d 18 exchange, abandon or otherwise dispose of any property real, w= l= n19 d 18 personal or mixed;

=a =l 19i a le r 20 (9) to establish a budget and make i a et rm 20m 21 expenditures;

ad tr me m22 21 (10) to borrow money;

dc r e 22s k 23 (11) to appoint committees, including advisory c e sa kn 23b 24 committees composed of members, state regulators, state eu a[ n b 24 legislators or their representatives, consumer representatives u.233398.1 [- 20 - HJC/HB 31 and other interested persons as may be designated in this .232924.1 - 20 - compact and the bylaws;

e t 17 (3) the commission may levy on and collect an ew tl 17n d 18 annual assessment from each member state or impose fees on w= l= n19 d 18 other parties to cover the cost of the operations and =a =l 19i a le r 20 activities of the commission and the commission's staff, which i a et rm 20m 21 shall be in a total amount sufficient to cover the commission's ad tr me m22 21 annual budget as approved each year for which revenue is not dc r e 22s k 23 provided by other sources.

The aggregate annual assessment c e sa kn 23b 24 amount shall be allocated based upon a formula to be determined eu a[ n b 24 by the commission, which shall promulgate a rule binding upon u.233398.1 [- 21 - HJC/HB 31 all member states;

.232924.1 - 21 - (4) the commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same;

With respect to qualified immunity, defense and e t 17 indemnification:

ew tl 17n d 18 (1) the members, officers, executive director, w= l= n19 d 18 employees and representatives of the commission shall be immune =a =l 19i a le r 20 from suit and liability, either personally or in their official i a et rm 20m 21 capacity, for any claim for damage to or loss of property or ad tr me m22 21 personal injury or other civil liability caused by or arising dc r e 22s k 23 out of any actual or alleged act, error or omission that c e sa kn 23b 24 occurred, or that the person against whom the claim is made had eu a[ n b 24 a reasonable basis for believing occurred within the scope of u.233398.1 [- 22 - HJC/HB 31 commission employment, duties or responsibilities;

provided .232924.1 - 22 - that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person;

and provided further that the actual or alleged act, error or e t 17 omission did not result from that person's intentional or ew tl 17n d 18 willful or wanton misconduct;

and w= l= n19 d 18 (3) the commission shall indemnify and hold =a =l 19i a le r 20 harmless any member, officer, executive director, employee or i a et rm 20m 21 representative of the commission for the amount of any ad tr me m22 21 settlement or judgment obtained against that person arising out dc r e 22s k 23 of any actual or alleged act, error or omission that occurred c e sa kn 23b 24 within the scope of commission employment, duties or eu a[ n b 24 responsibilities, or that the person had a reasonable basis for u.233398.1 [- 23 - HJC/HB 31 believing occurred within the scope of commission employment, .232924.1 - 23 - duties or responsibilities;

e t 17 (2) licensure data;

ew tl 17n d 18 (3) significant investigatory information;

w= l= n19 d 18 (4) adverse actions against an individual's =a =l 19i a le r 20 license;

i a et rm 20m 21 (5) an indicator that an individual's ad tr me m22 21 privilege to practice is restricted, suspended or revoked;

dc r e 22s k 23 (6) nonconfidential information related to c e sa kn 23b 24 alternative program participation;

eu a[ n b 24 (7) any denial of application for licensure u.233398.1 [- 24 - HJC/HB 31 and the reason for the denial;

and .232924.1 - 24 - (8) other information that may facilitate the administration of this compact, as determined by the rules of the commission.

e t 17 SECTION 13.

[NEW MATERIAL] RULEMAKING.-- ew tl 17n d 18 A.

The commission shall exercise the commission's w= l= n19 d 18 rulemaking powers pursuant to the criteria set forth in this =a =l 19i a le r 20 section and the rules adopted pursuant to this section.

Rules i a et rm 20m 21 and amendments shall become binding as of the date specified in ad tr me m22 21 each rule or amendment.

dc r e 22s k 23 B.

If a majority of the legislatures of the member c e sa kn 23b 24 states rejects a rule, by enactment of a statute or resolution eu a[ n b 24 in the same manner used to adopt this compact, then such rule u.233398.1 [- 25 - HJC/HB 31 shall have no further force and effect in any member state.

.232924.1 - 25 - C.

e t 17 (2) the text of the proposed rule or amendment ew tl 17n d 18 and the reason for the proposed rule;

w= l= n19 d 18 (3) a request for comments on the proposed =a =l 19i a le r 20 rule from any interested person;

and i a et rm 20m 21 (4) the manner in which interested persons may ad tr me m22 21 submit notice to the commission of their intention to attend dc r e 22s k 23 the public hearing and any written comments.

c e sa kn 23b 24 F.

Prior to adoption of a proposed rule, the eu a[ n b 24 commission shall allow persons to submit written data, facts, u.233398.1 [- 26 - HJC/HB 31 opinions and arguments, which shall be made available to the .232924.1 - 26 - public.

(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 the person's desire to e t 17 appear and testify at the hearing no less than five business ew tl 17n d 18 days before the scheduled date of the hearing;

w= l= n19 d 18 (2) hearings shall be conducted in a manner =a =l 19i a le r 20 providing each person who wishes to comment a fair and i a et rm 20m 21 reasonable opportunity to comment orally or in writing;

ad tr me m22 21 (3) no transcript of the hearing is required, dc r e 22s k 23 unless a written request for a transcript is made, in which c e sa kn 23b 24 case the person requesting the transcript shall bear the cost eu a[ n b 24 of producing the transcript.

A recording may be made in lieu u.233398.1 [- 27 - HJC/HB 31 of a transcript under the same terms and conditions as a .232924.1 - 27 - transcript.

e t 17 K.

If no written notice of intent to attend the ew tl 17n d 18 public hearing by interested parties is received, the w= l= n19 d 18 commission may proceed with promulgation of the proposed rule =a =l 19i a le r 20 without a public hearing.

i a et rm 20m 21 L.

Upon determination that an emergency exists, the ad tr me m22 21 commission may consider and adopt an emergency rule without dc r e 22s k 23 prior notice, opportunity for comment or hearing;

provided that c e sa kn 23b 24 the usual rulemaking procedures provided in this compact and in eu a[ n b 24 this section shall be retroactively applied to the rule as soon u.233398.1 [- 28 - HJC/HB 31 as reasonably possible, in no event later than ninety days .232924.1 - 28 - after the effective date of the rule.

e t 17 Public notice of any revisions shall be posted on the website ew tl 17n d 18 of the commission.

The revision shall be subject to challenge w= l= n19 d 18 by any person for a period of thirty days after posting.

The =a =l 19i a le r 20 revision may be challenged only on grounds that the revision i a et rm 20m 21 results in a material change to a rule.

A challenge shall be ad tr me m22 21 made in writing and delivered to the chair of the commission dc r e 22s k 23 prior to the end of the notice period.

If no challenge is c e sa kn 23b 24 made, the revision shall take effect without further action.

eu a[ n b 24 If the revision is challenged, the revision shall not take u.233398.1 [- 29 - HJC/HB 31 effect without the approval of the commission.

.232924.1 - 29 - SECTION 14.

The provisions of this compact and the rules promulgated pursuant to this compact shall have standingthe asforce statutoryof law.

The commission is entitled to receive service of process in any proceeding and has standing to intervene in such e t 17 a proceeding for all purposes.

Failure to provide service of ew tl 17n d 18 process to the commission shall render a judgment or order void w= l= n19 d 18 as to the commission, this compact or promulgated rules.

=a =l 19i a le r 20 D.

If the commission determines that a member state i a et rm 20m 21 has defaulted in the performance of its obligations or ad tr me m22 21 responsibilities under this compact or the promulgated rules, dc r e 22s k 23 the commission shall provide:

c e sa kn 23b 24 (1) written notice to the defaulting state and eu a[ n b 24 other member states of the nature of the default, the proposed u.233398.1 [- 30 - HJC/HB 31 means of curing the default or any other action to be taken by .232924.1 - 30 - the commission;

Notice of intent to suspend or terminate shall be given by the commission to the defaulting state's governor, the majority and minority leaders of the defaulting e t 17 state's legislature and each of the member states.

ew tl 17n d 18 G.

A state that has been terminated is responsible w= l= n19 d 18 for all assessments, obligations and liabilities incurred =a =l 19i a le r 20 through the effective date of termination, including i a et rm 20m 21 obligations that extend beyond the effective date of ad tr me m22 21 termination.

dc r e 22s k 23 H.

The commission shall not bear any costs related c e sa kn 23b 24 to a state that is found to be in default or that has been eu a[ n b 24 terminated from this compact, unless agreed upon in writing u.233398.1 [- 31 - HJC/HB 31 between the commission and the defaulting state.

.232924.1 - 31 - I.

(1) the commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of e t 17 this compact;

ew tl 17n d 18 (2) by majority vote, the commission may w= l= n19 d 18 initiate legal action in the United States district court for =a =l 19i a le r 20 the District of Columbia or the federal district where the i a et rm 20m 21 commission has its principal offices against a member state in ad tr me m22 21 default to enforce compliance with the provisions of this dc r e 22s k 23 compact and its promulgated rules and bylaws.

The relief c e sa kn 23b 24 sought may include both injunctive relief and damages.

In the eu a[ n b 24 event that judicial enforcement is necessary, the prevailing u.233398.1 [- 32 - HJC/HB 31 party shall be awarded all costs of the litigation, including .232924.1 - 32 - reasonable attorney fees;

Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of e t 17 this compact.

ew tl 17n d 18 B.

Any state that joins this compact subsequent to w= l= n19 d 18 the commission's initial adoption of the rules shall be subject =a =l 19i a le r 20 to the rules as they exist on the date on which this compact i a et rm 20m 21 becomes law in that state.

Any rule that has been previously ad tr me m22 21 adopted by the commission shall have the full force and effect dc r e 22s k 23 of law on the day this compact becomes law in that state.

c e sa kn 23b 24 C.

Any member state may withdraw from this compact eu a[ n b 24 by enacting a statute repealing the same.

u.233398.1 [- 33 - HJC/HB 31 (1) by a member state shall not take effect .232924.1 - 33 - until six months after enactment of the repealing statute;

e t 17 SECTION 16.

[NEW MATERIAL] CONSTRUCTION AND ew tl 17n d 18 SEVERABILITY.--This compact shall be liberally construed so as w= l= n19 d 18 to effectuate the purposes of this compact.

If this compact =a =l 19i a le r 20 shall be held contrary to the constitution of any member state i a et rm 20m 21 thereto, this compact shall remain in full force and effect as ad tr me m22 21 to the remaining member states.

Nothing in this compact dc r e 22s k 23 supersedes state law or rules related to licensure of emergency c e sa kn 23b 24 medical services agencies.

eu a[ n b 24 - 34 - u.233398.1 [ .232924.1