Establishing an emergency medical services personnel licensure interstate compact. Effective 7-1-19

The individual may only exercise the compact privilege under the following circumstances: while transporting a patient from a home state to a remote state, while traveling from a home state to a remote state in order to transport a patient from the remote state to the home state, to provide care and transport within a remote state, to transport a patient from one remote state to another remote state, and under other conditions as determined by the commission. The compact allows a person to practice in a remote state within the same scope as the person could practice in the home state. The remote state may restrict or revoke the individual’s right to practice in that state, consistent with the remote state’s laws and due process, so long as the remote state then notifies the home state and the commission. A person whose license is restricted or suspended in any home state may not be granted the compact privilege in any remote state. In the case of an emergency, any conflicting terms of the emergency management assistance compact prevail over the terms of the emergency medical services personnel licensure compact. The compact instructs member states to consider veterans, active duty military service members, and members of the national guard and reserves separating from an active tour of duty and spouses thereof who hold a current, valid, unrestricted national registry of emergency medical technicians certification at a given level to have completed the minimum training and examination requirements to obtain licensure at that level. The compact also instructs member states to expedite the processing of applications for licensure of such persons. The compact grants a home state the sole authority to discipline a licensee licensed by that state. A home state that takes an adverse action against a licensee must inform the commission of such adverse action. A licensee currently subject to an adverse action may not practice in any remote state without written authorization from both the home state and the remote state. The compact requires a home state’s EMT authority to investigate and punish reported conduct in a remote state as if it had occurred in the home state. The compact authorizes a home state emergency medical services (EMS) authority to issue subpoenas for hearings and investigations that shall be enforced in other member states by any court of competent jurisdiction and to issue cease and desist orders to restrict, suspend, or revoke a person’s license to practice in that state. The compact establishes the interstate commission for EMS personnel practice. The commission consists of one delegate from each member state, who shall be the responsible official of the state EMS authority or that person’s designee. If more than one such entity exists, the governor of the state shall determine which agency shall be responsible for assigning the delegate. The commission shall meet at least once each calendar year, and each delegate shall have one vote with regard to the promulgation of rules and creation of bylaws. The compact requires meetings of the commission to be public and preceded by notice unless the commission must discuss certain enumerated matters, which must be referenced by the commission’s legal counsel or designee. The commission must keep detailed minutes of all meetings. The compact permits the commission to prescribe rules and bylaws to govern its conduct by a majority vote of the delegates. The compact also grants the commission the power to promulgate rules to facilitate and coordinate implementation of the compact that shall have the force of law in member states to bring legal proceedings in the name of the commission; to lease, purchase, or sell property; and to appoint committees, among other powers. To finance the commission, the commission may collect an annual fee from each member state or impose fees on other parties. The commission must keep an accurate account of all receipts and disbursements, which shall be audited yearly. The compact grants qualified immunity from suit and liability to the members, officers, executive director, employees, and representatives of the commission for all claims caused by or arising out of the execution of their official duties. Any such person subject to suit shall be defended and indemnified by the commission. A person who acts intentionally, willfully, or wantonly is not entitled to qualified immunity, defense, or indemnity. The compact requires the commission to 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. The compact requires the administrator of the database to promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state. The compact permits a member state contributing information to the database to indicate that such information shall not be shared with the public without the express permission of the contributing state. The compact requires any information that must be expunged according to the laws of the member state contributing the information to also be purged from the database. The compact requires the commission to publish a notice of proposed rulemaking at least days prior to the adoption of a final rule. During this time period, the commission shall request comments from any interested person, which the commission shall consider. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if such a hearing is requested by at least persons, a governmental subdivision or agency, or an association having at least members. In the event of an emergency, the commission may adopt rules without prior notice. Any rule promulgated by the commission shall cease to have effect if the legislatures of a majority of member states enact statutes rejecting the rule. The compact requires the government of each member state to enforce the compact and to accord to it and any rules promulgated by the commission the status of statutory law. The compact also requires the courts of each member state to take judicial notice of the compact in proceedings pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the commission. The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such proceedings. Failure to provide service of process upon the commission shall render a judgment or order void as to the commission, the compact, or promulgated rules. The compact requires the commission to, upon finding that a member state has defaulted in its obligations or responsibilities, provide written notice to all 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. The commission shall also provide remedial training and specific technical assistance regarding the default. A state that fails to cure its default may be terminated from the compact upon an affirmative vote of a majority of member states after notification has been given by the commission to the governor and legislature of the defaulting state and each of the member states. district court for the District of Columbia or the federal district court where the commission has its principal offices. The compact requires the commission to, upon request by a member state, attempt to resolve disputes related to the compact among member states and between member and nonmember states. The compact permits the commission to, upon a majority vote of the commission, initiate legal proceedings against a member state in default in order to enforce the provisions of the compact. The compact came into effect upon its enactment into law by the tenth member state. Any state joining the compact subsequent to its adoption does so subject to any existing rules. A member state may withdraw from the compact by enacting legislation repealing the compact, provided that withdrawal shall not be effective until six months after the enactment of such legislation. The compact may be amended by member states, provided that no amendment shall be effective until it is enacted into the laws of all member states.