SB 514 — Enacting Recognition of Emergency Medical Services Personnel Licensure Interstate Compact

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Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 514 By Senators Sypolt, Stollings, and Boso [Originating in the Committee on Government Organization;

(b) ThisIn compactorder is intended to facilitateprotect the day-to-daypublic movementthrough ofverification EMS personnel across state boundaries in the performance of theircompetency EMSand dutiesensure asaccountability assignedfor bypatient-care-related anactivities, appropriateall authoritystates andlicense authorizeemergency statemedical EMSservices offices(EMS) topersonnel, affordsuch immediateas legalemergency recognitionmedical totechnicians EMS(EMTs), personneladvanced licensedEMTs, inand aparamedics. member state.

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.

The rules shall have the force and effect of law and shall be binding in all member statesstates; once authorized by the Legislature pursuant to the provisions of §29A-3-1 et seq.

of this code;

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property, or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that it occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

Provided, Thatthat no rule shall become binding on the State of West Virginia as law until it has been authorized by the Legislature pursuant to the provisions of §29A-3-1 et seq.

Provided, That pursuant to article VI, section 35 of the Constitution of West Virginia, neither the State of West Virginia nor any officer or agency thereof shall be named as a defendant in an any court of law or equity except in the State of West Virginia.

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_______________ JUDICIARY COMMITTEE AMENDMENTS On page three, section one, lines three through six, by striking out the following:

In order to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics.;

On page 14, section 10, line 92, after the word “states” by inserting the words “once authorized by the Legislature pursuant to the provisions of §29A-3-1 et seq.

of this code”;

On page 16, section 10, line 152, by striking out the word “it”;

And, By striking out the title and substituting therefor a new title, to read as follows:

Eng.

Com.

Sub.

for Senate Bill 514—A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-54-1, §16-54-2, §16-54-3, §16-54-4, §16-54-5, §16-54-6, §16-54-7, §16-54-8, §16-54-9, §16-54-10, §16-54-11, §16-54-12, §16-54-13, §16-54-14, and §16-54-15, all relating to enacting the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact;

entering into the compact with all jurisdictions also enacting the compact;

stating purpose of Compact;

defining terms;

identifying member states as home states;

retaining authority of member state to require license under circumstances not covered by Compact;

setting conditions for home state’s license to authorize practice in a remote state under the Compact;

requiring member states to recognize licenses issued by another member state under certain conditions;

setting requirements for individuals to exercise privilege to practice;

setting scope of practice;

making individuals practicing in remote states subject to that state’s laws;

authorizing remote states to take action against individual’s privilege to practice within that state under certain circumstances;

providing effect of restrictions on license on Compact privileges;

setting conditions of practicing in remote state under Compact terms;

defining relationship of Compact with Emergency Management Assistance Compact;

setting terms and requirements for certification of veterans, certain service members, and their spouses;

recognizing exclusive power of home states to impose adverse action against license issued by home state;

providing consequences for Compact participation if individual’s license is subject to adverse action by home state;

requiring member states to report adverse actions against licenses;

authorizing states to take action against individual’s privilege to practice within that state;

requiring home state EMS authority investigate and take appropriate action based on reported conduct in remote state;