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PRINTER'S NO. 1072
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
861
Session of
2021
INTRODUCED BY STEFANO, BAKER, BARTOLOTTA, MARTIN, MASTRIANO,
MENSCH, PITTMAN, VOGEL AND J. WARD, SEPTEMBER 14, 2021
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
SEPTEMBER 14, 2021
AN ACT
Making the Commonwealth of Pennsylvania a party to the
Recognition Of Emergency Medical Services Personnel Licensure
Interstate Compact; and providing for the form of the
compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
Recognition Of Emergency Medical Services Personnel Licensure
Interstate Compact Act.
Section 2. Recognition Of Emergency Medical Services Personnel
Licensure Interstate Compact.
The Recognition Of Emergency Medical Services Personnel
Licensure Interstate Compact is enacted into law and entered
into by the Commonwealth of Pennsylvania with all other states
legally joining in the compact in the form substantially as
follows:
SECTION 1. PURPOSE
In order to protect the public through verification of
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competency and ensure accountability for patient care related
activities all states license emergency medical services (EMS)
personnel, such as emergency medical technicians (EMTs),
advanced EMTs and paramedics. This Compact is intended to
facilitate the day to day movement of EMS personnel across state
boundaries in the performance of their EMS duties as assigned by
an appropriate authority and authorize state EMS offices to
afford immediate legal recognition to EMS personnel licensed in
a member state. This Compact recognizes that states have a
vested interest in protecting the public's health and safety
through their licensing and regulation of EMS personnel and that
such state regulation shared among the member states will best
protect public health and safety. This Compact is designed to
achieve the following purposes and objectives:
1. Increase public access to EMS personnel;
2. Enhance the states' ability to protect the public's
health and safety, especially patient safety;
3. Encourage the cooperation of member states in the
areas of EMS personnel licensure and regulation;
4. Support licensing of military members who are
separating from an active duty tour and their spouses;
5. Facilitate the exchange of information between member
states regarding EMS personnel licensure, adverse action and
significant investigatory information;
6. Promote compliance with the laws governing EMS
personnel practice in each member state; and
7. Invest all member states with the authority to hold
EMS personnel accountable through the mutual recognition of
member state licenses.
SECTION 2. DEFINITIONS
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In this compact:
A. "Advanced Emergency Medical Technician (AEMT)" means: an
individual licensed with cognitive knowledge and a scope of
practice that corresponds to that level in the National EMS
Education Standards and National EMS Scope of Practice Model.
B. "Adverse Action" means: any administrative, civil,
equitable or criminal action permitted by a state's laws which
may be imposed against licensed EMS personnel by a state EMS
authority or state court, including, but not limited to, actions
against an individual's license such as revocation, suspension,
probation, consent agreement, monitoring or other limitation or
encumbrance on the individual's practice, letters of reprimand
or admonition, fines, criminal convictions and state court
judgments enforcing adverse actions by the state EMS authority.
C. "Alternative program" means: a voluntary, non-
disciplinary substance abuse recovery program approved by a
state EMS authority.
D. "Certification" means: the successful verification of
entry-level cognitive and psychomotor competency using a
reliable, validated, and legally defensible examination.
E. "Commission" means: the national administrative body of
which all states that have enacted the compact are members.
F. "Emergency Medical Technician (EMT)" means: an individual
licensed with cognitive knowledge and a scope of practice that
corresponds to that level in the National EMS Education
Standards and National EMS Scope of Practice Model.
G. "Home State" means: a member state where an individual
is licensed to practice emergency medical services.
H. "License" means: the authorization by a state for an
individual to practice as an EMT, AEMT, paramedic, or a level in
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between EMT and paramedic.
I. "Medical Director" means: a physician licensed in a
member state who is accountable for the care delivered by EMS
personnel.
J. "Member State" means: a state that has enacted this
compact.
K. "Privilege to Practice" means: an individual's authority
to deliver emergency medical services in remote states as
authorized under this compact.
L. "Paramedic" means: an individual licensed with cognitive
knowledge and a scope of practice that corresponds to that level
in the National EMS Education Standards and National EMS Scope
of Practice Model.
M. "Remote State" means: a member state in which an
individual is not licensed.
N. "Restricted" means: the outcome of an adverse action that
limits a license or the privilege to practice.
O. "Rule" means: a written statement by the interstate
Commission promulgated pursuant to Section 12 of this compact
that is of general applicability; implements, interprets, or
prescribes a policy or provision of the compact; or is an
organizational, procedural, or practice requirement of the
Commission and has the force and effect of statutory law in a
member state and includes the amendment, repeal, or suspension
of an existing rule.
P. "Scope of Practice" means: defined parameters of various
duties or services that may be provided by an individual with
specific credentials. Whether regulated by rule, statute, or
court decision, it tends to represent the limits of services an
individual may perform.
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Q. "Significant Investigatory Information" means:
1. investigative information that a state EMS authority,
after a preliminary inquiry that includes notification and an
opportunity to respond if required by state law, has reason
to believe, if proved true, would result in the imposition of
an adverse action on a license or privilege to practice; or
2. investigative information that indicates that the
individual represents an immediate threat to public health
and safety regardless of whether the individual has been
notified and had an opportunity to respond.
R. "State" means: means any state, commonwealth, district,
or territory of the United States.
S. "State EMS Authority" means: the board, office, or other
agency with the legislative mandate to license EMS personnel.
SECTION 3. HOME STATE LICENSURE
A. Any member state in which an individual holds a current
license shall be deemed a home state for purposes of this
compact.
B. Any member state may require an individual to obtain and
retain a license to be authorized to practice in the member
state under circumstances not authorized by the privilege to
practice under the terms of this compact.
C. A home state's license authorizes an individual to
practice in a remote state under the privilege to practice only
if the home state:
1. Currently requires the use of the National Registry
of Emergency Medical Technicians (NREMT) examination as a
condition of issuing initial licenses at the EMT and
paramedic levels;
2. Has a mechanism in place for receiving and
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investigating complaints about individuals;
3. Notifies the Commission, in compliance with the terms
herein, of any adverse action or significant investigatory
information regarding an individual;
4. No later than five years after activation of the
Compact, requires a criminal background check of all
applicants for initial licensure, including the use of the
results of fingerprint or other biometric data checks
compliant with the requirements of the Federal Bureau of
Investigation with the exception of federal employees who
have suitability determination in accordance with US CFR
ยง731.202 and submit documentation of such as promulgated in
the rules of the Commission; and
5. Complies with the rules of the Commission.
SECTION 4. COMPACT PRIVILEGE TO PRACTICE
A. Member states shall recognize the privilege to practice
of an individual licensed in another member state that is in
conformance with Section 3.
B. To exercise the privilege to practice under the terms and
provisions of this compact, an individual must:
1. Be at least 18 years of age;
2. Possess a current unrestricted license in a member
state as an EMT, AEMT, paramedic, or state recognized and
licensed level with a scope of practice and authority between
EMT and paramedic; and
3. Practice under the supervision of a medical director.
C. An individual providing patient care in a remote state
under the privilege to practice shall function within the scope
of practice authorized by the home state unless and until
modified by an appropriate authority in the remote state as may
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be defined in the rules of the commission.
D. Except as provided in Section 4 subsection C, an
individual practicing in a remote state will be subject to the
remote state's authority and laws. A remote state may, in
accordance with due process and that state's laws, restrict,
suspend, or revoke an individual's privilege to practice in the
remote state and may take any other necessary actions to protect
the health and safety of its citizens. If a remote state takes
action it shall promptly notify the home state and the
Commission.
E. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible to
practice in a remote state under the privilege to practice until
the individual's home state license is restored.
F. If an individual's privilege to practice in any remote
state is restricted, suspended, or revoked the individual shall
not be eligible to practice in any remote state until the
individual's privilege to practice is restored.
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE
An individual may practice in a remote state under a
privilege to practice only in the performance of the
individual's EMS duties as assigned by an appropriate authority,
as defined in the rules of the Commission, and under the
following circumstances:
1. The individual originates a patient transport in a
home state and transports the patient to a remote state;
2. The individual originates in the home state and
enters a remote state to pick up a patient and provide care
and transport of the patient to the home state;
3. The individual enters a remote state to provide
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patient care and/or transport within that remote state;
4. The individual enters a remote state to pick up a
patient and provide care and transport to a third member
state;
5. Other conditions as determined by rules promulgated
by the commission.
SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE
COMPACT
Upon a member state's governor's declaration of a state of
emergency or disaster that activates the Emergency Management
Assistance Compact (EMAC), all relevant terms and provisions of
EMAC shall apply and to the extent any terms or provisions of
this Compact conflicts with EMAC, the terms of EMAC shall
prevail with respect to any individual practicing in the remote
state in response to such declaration.
SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE
DUTY MILITARY, AND THEIR SPOUSES
A. Member states shall consider a veteran, active military
service member, and member of the National Guard and Reserves
separating from an active duty tour, and a spouse thereof, who
holds a current valid and unrestricted NREMT certification at or
above the level of the state license being sought as satisfying
the minimum training and examination requirements for such
licensure.
B. Member states shall expedite the processing of licensure
applications submitted by veterans, active military service
members, and members of the National Guard and Reserves
separating from an active duty tour, and their spouses.
C. All individuals functioning with a privilege to practice
under this Section remain subject to the Adverse Actions
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provisions of Section VIII.
SECTION 8. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse
action against an individual's license issued by the home state.
B. If an individual's license in any home state is
restricted or suspended, the individual shall not be eligible to
practice in a remote state under the privilege to practice until
the individual's home state license is restored.
1. All home state adverse action orders shall include a
statement that the individual's compact privileges are
inactive. The order may allow the individual to practice in
remote states with prior written authorization from both the
home state and remote state's EMS authority.
2. An individual currently subject to adverse action in
the home state shall not practice in any remote state without
prior written authorization from both the home state and
remote state's EMS authority.
C. A member state shall report adverse actions and any
occurrences that the individual's compact privileges are
restricted, suspended, or revoked to the Commission in
accordance with the rules of the Commission.
D. A remote state may take adverse action on an individual's
privilege to practice within that state.
E. Any member state may take adverse action against an
individual's privilege to practice in that state based on the
factual findings of another member state, so long as each state
follows its own procedures for imposing such adverse action.
F. A home state's EMS authority shall investigate and take
appropriate action with respect to reported conduct in a remote
state as it would if such conduct had occurred within the home
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state. In such cases, the home state's law shall control in
determining the appropriate adverse action.
G. Nothing in this Compact shall override a member state's
decision that participation in an alternative program may be
used in lieu of adverse action and that such participation shall
remain non-public if required by the member state's laws. Member
states must require individuals who enter any alternative
programs to agree not to practice in any other member state
during the term of the alternative program without prior
authorization from such other member state.
SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS
AUTHORITY
A member state's EMS authority, in addition to any other
powers granted under state law, is authorized under this compact
to:
1. Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses and
the production of evidence. Subpoenas issued by a member
state's EMS authority for the attendance and testimony of
witnesses, and/or the production of evidence from another
member state, shall be enforced in the remote state by any
court of competent jurisdiction, according to that court's
practice and procedure in considering subpoenas issued in its
own proceedings. The issuing state EMS authority shall pay
any witness fees, travel expenses, mileage, and other fees
required by the service statutes of the state where the
witnesses and/or evidence are located; and
2. Issue cease and desist orders to restrict, suspend,
or revoke an individual's privilege to practice in the state.
SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS
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PERSONNEL PRACTICE
A. The Compact states hereby create and establish a joint
public agency known as the Interstate Commission for EMS
Personnel Practice.
1. The Commission is a body politic and an
instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or
against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the Commission is located. The Commission
may waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings.
3. Nothing in this Compact shall be construed to be a
waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one
(1) delegate. The responsible official of the state EMS
authority or his designee shall be the delegate to this
Compact for each member state. Any delegate may be removed
or suspended from office as provided by the law of the state
from which the delegate is appointed. Any vacancy occurring
in the Commission shall be filled in accordance with the laws
of the member state in which the vacancy exists. In the event
that more than one board, office, or other agency with the
legislative mandate to license EMS personnel at and above the
level of EMT exists, the Governor of the state will determine
which entity will be responsible for assigning the delegate.
2. Each delegate shall be entitled to one (1) vote with
regard to the promulgation of rules and creation of bylaws
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and shall otherwise have an opportunity to participate in the
business and affairs of the Commission. A delegate shall vote
in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates' participation in
meetings by telephone or other means of communication.
3. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
4. All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as
required under the rulemaking provisions in Section XII.
5. The Commission may convene in a closed, non-public
meeting if the Commission must discuss:
a. Non-compliance of a member state with its
obligations under the Compact;
b. The employment, compensation, discipline or other
personnel matters, practices or procedures related to
specific employees or other matters related to the
Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated
litigation;
d. Negotiation of contracts for the purchase or sale
of goods, services, or real estate;
e. Accusing any person of a crime or formally
censuring any person;
f. Disclosure of trade secrets or commercial or
financial information that is privileged or confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
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h. Disclosure of investigatory records compiled for
law enforcement purposes;
i. Disclosure of information related to any
investigatory reports prepared by or on behalf of or for
use of the Commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by
federal or member state statute.
6. If a meeting, or portion of a meeting, is closed
pursuant to this provision, the Commission's legal counsel or
designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision. The
Commission shall keep minutes that fully and clearly describe
all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed.
All documents considered in connection with an action shall
be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by
a majority vote of the Commission or order of a court of
competent jurisdiction.
C. The Commission shall, by a majority vote of the
delegates, prescribe bylaws and/or rules to govern its conduct
as may be necessary or appropriate to carry out the purposes and
exercise the powers of the compact, including but not limited
to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
a. for the establishment and meetings of other
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committees; and
b. governing any general or specific delegation of
any authority or function of the Commission;
3. Providing reasonable procedures for calling and
conducting meetings of the Commission, ensuring reasonable
advance notice of all meetings, and providing an opportunity
for attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public's
interest, the privacy of individuals, and proprietary
information, including trade secrets. The Commission may meet
in closed session only after a majority of the membership
votes to close a meeting in whole or in part. As soon as
practicable, the Commission must make public a copy of the
vote to close the meeting revealing the vote of each member
with no proxy votes allowed;
4. Establishing the titles, duties and authority, and
reasonable procedures for the election of the officers of the
Commission;
5. Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Commission. Notwithstanding any civil service or other
similar laws of any member state, the bylaws shall
exclusively govern the personnel policies and programs of the
Commission;
6. Promulgating a code of ethics to address permissible
and prohibited activities of Commission members and
employees;
7. Providing a mechanism for winding up the operations
of the Commission and the equitable disposition of any
surplus funds that may exist after the termination of the
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Compact after the payment and/or reserving of all of its
debts and obligations;
8. The Commission shall publish its bylaws and file a
copy thereof, and a copy of any amendment thereto, with the
appropriate agency or officer in each of the member states,
if any.
9. The Commission shall maintain its financial records
in accordance with the bylaws.
10. The Commission shall meet and take such actions as
are consistent with the provisions of this Compact and the
bylaws.
D. The Commission shall have the following powers:
1. The authority to promulgate uniform rules to
facilitate and coordinate implementation and administration
of this Compact. The rules shall have the force and effect of
law and shall be binding in all member states;
2. To bring and prosecute legal proceedings or actions
in the name of the Commission, provided that the standing of
any state EMS authority or other regulatory body responsible
for EMS personnel licensure to sue or be sued under
applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept, or contract for services of
personnel, including, but not limited to, employees of a
member state;
5. To hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and to establish the Commission's personnel policies
and programs relating to conflicts of interest,
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qualifications of personnel, and other related personnel
matters;
6. To accept any and all appropriate donations and
grants of money, equipment, supplies, materials and services,
and to receive, utilize and dispose of the same; provided
that at all times the Commission shall strive to avoid any
appearance of impropriety and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed; provided that at all times
the Commission shall strive to avoid any appearance of
impropriety;
8. To sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, personal,
or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees
comprised of members, state regulators, state legislators or
their representatives, and consumer representatives, and such
other interested persons as may be designated in this compact
and the bylaws;
12. To provide and receive information from, and to
cooperate with, law enforcement agencies;
13. To adopt and use an official seal; and
14. To perform such other functions as may be necessary
or appropriate to achieve the purposes of this Compact
consistent with the state regulation of EMS personnel
licensure and practice.
E. Financing of the Commission
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1. The Commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment,
organization, and ongoing activities.
2. The Commission may accept any and all appropriate
revenue sources, donations, and grants of money, equipment,
supplies, materials, and services.
3. The Commission may levy on and collect an annual
assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of
the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year
for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the Commission, which
shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the same;
nor shall the Commission pledge the credit of any of the
member states, except by and with the authority of the member
state.
5. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Commission
shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in
and become part of the annual report of the Commission.
F. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees
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and representatives of the Commission shall be immune from
suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made
had a reasonable basis for believing occurred within the
scope of Commission employment, duties or responsibilities;
provided that nothing in this paragraph shall be construed to
protect any such person from suit and/or liability for any
damage, loss, injury, or liability caused by the intentional
or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
executive director, employee or representative of the
Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment,
duties, or responsibilities, or that the person against whom
the claim is made had a reasonable basis for believing
occurred within the scope of Commission employment, duties,
or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her
own counsel; and provided further, that the actual or alleged
act, error, or omission did not result from that person's
intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
representative of the Commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error or omission that
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occurred within the scope of Commission employment, duties,
or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional or willful or wanton misconduct of that
person.
SECTION 11. COORDINATED DATABASE
A. The Commission shall provide for the development and
maintenance of a coordinated database and reporting system
containing licensure, adverse action, and significant
investigatory information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law to the
contrary, a member state shall submit a uniform data set to the
coordinated database on all individuals to whom this compact is
applicable as required by the rules of the Commission,
including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against an individual's license;
5. An indicator that an individual's privilege to
practice is restricted, suspended or revoked;
6. Non-confidential information related to alternative
program participation;
7. Any denial of application for licensure, and the
reason(s) for such denial; and
8. Other information that may facilitate the
administration of this Compact, as determined by the rules of
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the Commission.
C. The coordinated database administrator shall promptly
notify all member states of any adverse action taken against, or
significant investigative information on, any individual in a
member state.
D. Member states contributing information to the coordinated
database may designate information that may not be shared with
the public without the express permission of the contributing
state.
E. Any information submitted to the coordinated database
that is subsequently required to be expunged by the laws of the
member state contributing the information shall be removed from
the coordinated database.
SECTION 12. RULEMAKING
A. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Section and the rules
adopted thereunder. Rules and amendments shall become binding as
of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the Compact, then such rule shall have
no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or
rules by the Commission, and at least sixty (60) days in advance
of the meeting at which the rule will be considered and voted
upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission; and
2. On the website of each member state EMS authority or
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the publication in which each state would otherwise publish
proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting
in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from any
interested person; and
4. The manner in which interested persons may submit
notice to the Commission of their intention to attend the
public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission
shall allow persons to submit written data, facts, opinions, and
arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment if a hearing is
requested by:
1. At least twenty-five (25) persons;
2. A governmental subdivision or agency; or
3. An association having at least twenty-five (25)
members.
H. If a hearing is held on the proposed rule or amendment,
the Commission shall publish the place, time, and date of the
scheduled public hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the Commission or other
designated member in writing of their desire to appear and
testify at the hearing not less than five (5) business days
before the scheduled date of the hearing.
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2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. No transcript of the hearing is required, unless a
written request for a transcript is made, in which case the
person requesting the transcript shall bear the cost of
producing the transcript. A recording may be made in lieu of
a transcript under the same terms and conditions as a
transcript. This subsection shall not preclude the
Commission from making a transcript or recording of the
hearing if it so chooses.
4. Nothing in this section shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the Commission at hearings
required by this section.
I. Following the scheduled hearing date, or by the close of
business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral
comments received.
J. The Commission shall, by majority vote of all members,
take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
K. If no written notice of intent to attend the public
hearing by interested parties is received, the Commission may
proceed with promulgation of the proposed rule without a public
hearing.
L. Upon determination that an emergency exists, the
Commission may consider and adopt an emergency rule without
prior notice, opportunity for comment, or hearing, provided that
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the usual rulemaking procedures provided in the Compact and in
this section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety (90) days
after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety, or
welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an
administrative rule that is established by federal law or
rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of
the Commission. The revision shall be subject to challenge by
any person for a period of thirty (30) days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing, and delivered to the chair of the Commission
prior to the end of the notice period. If no challenge is made,
the revision will take effect without further action. If the
revision is challenged, the revision may not take effect without
the approval of the Commission.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of
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state government in each member state shall enforce this
compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions
of this compact and the rules promulgated hereunder shall
have standing as statutory law.
2. All courts shall take judicial notice of the compact
and the rules in any judicial or administrative proceeding in
a member state pertaining to the subject matter of this
compact which may affect the powers, responsibilities or
actions of the Commission.
3. The Commission shall be entitled to receive service
of process in any such proceeding, and shall have standing to
intervene in such a proceeding for all purposes. Failure to
provide service of process to the Commission shall render a
judgment or order void as to the Commission, this Compact, or
promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has
defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules,
the Commission shall:
a. Provide written notice to the defaulting state
and other member states of the nature of the default, the
proposed means of curing the default and/or any other
action to be taken by the Commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of a majority of the member states, and all
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rights, privileges and benefits conferred by this compact may
be terminated on the effective date of termination. A cure of
the default does not relieve the offending state of
obligations or liabilities incurred during the period of
default.
3. Termination of membership in the compact shall be
imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting state's
legislature, and each of the member states.
4. A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred
through the effective date of termination, including
obligations that extend beyond the effective date of
termination.
5. The Commission shall not bear any costs related to a
state that is found to be in default or that has been
terminated from the compact, unless agreed upon in writing
between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court for the
District of Columbia or the federal district where the
Commission has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall
attempt to resolve disputes related to the compact that arise
among member states and between member and non-member states.
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2. The Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
2. By majority vote, the Commission may initiate legal
action in the United States District Court for the District
of Columbia or the federal district where the Commission has
its principal offices against a member state in default to
enforce compliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable
attorney's fees.
3. The remedies herein shall not be the exclusive
remedies of the Commission. The Commission may pursue any
other remedies available under federal or state law.
SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION
FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The compact shall come into effect on the date on which
the compact statute is enacted into law in the tenth member
state. The provisions, which become effective at that time,
shall be limited to the powers granted to the Commission
relating to assembly and the promulgation of rules. Thereafter,
the Commission shall meet and exercise rulemaking powers
necessary to the implementation and administration of the
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compact.
B. Any state that joins the compact subsequent to the
Commission's initial adoption of the rules shall be subject to
the rules as they exist on the date on which the compact becomes
law in that state. Any rule that has been previously adopted by
the Commission shall have the full force and effect of law on
the day the compact becomes law in that state.
C. Any member state may withdraw from this compact by
enacting a statute repealing the same.
1. A member state's withdrawal shall not take effect
until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing state's EMS authority to
comply with the investigative and adverse action reporting
requirements of this act prior to the effective date of
withdrawal.
D. Nothing contained in this compact shall be construed to
invalidate or prevent any EMS personnel licensure agreement or
other cooperative arrangement between a member state and a non-
member state that does not conflict with the provisions of this
compact.
E. This Compact may be amended by the member states. No
amendment to this Compact shall become effective and binding
upon any member state until it is enacted into the laws of all
member states.
SECTION 15. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate
the purposes thereof. If this compact shall be held contrary to
the constitution of any state member thereto, the compact shall
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remain in full force and effect as to the remaining member
states. Nothing in this compact supersedes state law or rules
related to licensure of EMS agencies.
Section 3. Effective date.
This act shall take effect immediately.
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