Bill Text: IA HF694 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act establishing an emergency medical services personnel licensure interstate compact. (Formerly HSB 192.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-08 - Signed by Governor. H.J. 1083. [HF694 Detail]
Download: Iowa-2019-HF694-Enrolled.html
House
File
694
-
Enrolled
House
File
694
AN
ACT
ESTABLISHING
AN
EMERGENCY
MEDICAL
SERVICES
PERSONNEL
LICENSURE
INTERSTATE
COMPACT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
EMERGENCY
MEDICAL
SERVICES
PERSONNEL
LICENSURE
INTERSTATE
COMPACT
Section
1.
NEW
SECTION
.
147D.1
Emergency
medical
services
personnel
licensure
interstate
compact.
1.
Purpose.
In
order
to
protect
the
public
through
verification
of
competency
and
ensure
accountability
for
patient
care
related
activities
all
states
license
emergency
medical
services
personnel,
such
as
emergency
medical
technicians,
advanced
emergency
medical
technicians,
and
paramedics.
This
compact
is
intended
to
facilitate
the
day-to-day
movement
of
emergency
medical
services
personnel
across
state
boundaries
in
the
performance
of
their
emergency
medical
services
duties
as
assigned
by
an
appropriate
authority
and
authorize
state
emergency
medical
services
offices
to
afford
immediate
legal
recognition
to
emergency
medical
services
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
emergency
medical
services
personnel
and
that
such
state
regulation
shared
among
the
member
states
will
best
protect
public
health
and
safety.
This
compact
is
designed
to
House
File
694,
p.
2
achieve
the
following
purposes
and
objectives:
a.
Increase
public
access
to
emergency
medical
services
personnel.
b.
Enhance
the
states’
ability
to
protect
the
public’s
health
and
safety,
especially
patient
safety.
c.
Encourage
the
cooperation
of
member
states
in
the
areas
of
emergency
medical
services
personnel
licensure
and
regulation.
d.
Support
licensing
of
military
members
who
are
separating
from
an
active
duty
tour
and
their
spouses.
e.
Facilitate
the
exchange
of
information
between
member
states
regarding
emergency
medical
services
personnel
licensure,
adverse
action,
and
significant
investigatory
information.
f.
Promote
compliance
with
the
laws
governing
emergency
medical
services
personnel
practice
in
each
member
state.
g.
Invest
all
member
states
with
the
authority
to
hold
emergency
medical
services
personnel
accountable
through
the
mutual
recognition
of
member
state
licenses.
2.
Definitions.
In
this
compact:
a.
“Advanced
emergency
medical
technician”
or
“AEMT”
means
an
individual
licensed
with
cognitive
knowledge
and
a
scope
of
practice
that
corresponds
to
that
level
in
the
national
emergency
medical
services
education
standards
and
national
emergency
medical
services
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
emergency
medical
services
personnel
by
a
state
emergency
medical
services
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
emergency
medical
services
authority.
c.
“Alternative
program”
means
a
voluntary,
nondisciplinary
substance
abuse
recovery
program
approved
by
a
state
emergency
medical
services
authority.
House
File
694,
p.
3
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”
or
“EMT”
means
an
individual
licensed
with
cognitive
knowledge
and
a
scope
of
practice
that
corresponds
to
that
level
in
the
national
emergency
medical
services
education
standards
and
national
emergency
medical
services
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
between
EMT
and
paramedic.
i.
“Medical
director”
means
a
physician
licensed
in
a
member
state
who
is
accountable
for
the
care
delivered
by
emergency
medical
services
personnel.
j.
“Member
state”
means
a
state
that
has
enacted
this
compact.
k.
“Paramedic”
means
an
individual
licensed
with
cognitive
knowledge
and
a
scope
of
practice
that
corresponds
to
that
level
in
the
national
emergency
medical
services
education
standards
and
national
emergency
medical
services
scope
of
practice
model.
l.
“Privilege
to
practice”
means
an
individual’s
authority
to
deliver
emergency
medical
services
in
remote
states
as
authorized
under
this
compact.
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
subsection
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
House
File
694,
p.
4
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.
q.
“Significant
investigatory
information”
means:
(1)
Investigative
information
that
a
state
emergency
medical
services
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
any
state,
commonwealth,
district,
or
territory
of
the
United
States.
s.
“State
emergency
medical
services
authority”
means
the
board,
office,
or
other
agency
with
the
legislative
mandate
to
license
emergency
medical
services
personnel.
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
examination
as
a
condition
of
issuing
initial
licenses
at
the
EMT
and
paramedic
levels;
(2)
Has
a
mechanism
in
place
for
receiving
and
investigating
complaints
about
individuals;
(3)
Notifies
the
commission,
in
compliance
with
the
terms
House
File
694,
p.
5
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
5
C.F.R.
§731.202
and
submit
documentation
of
such
as
promulgated
in
the
rules
of
the
commission;
and
(5)
Complies
with
the
rules
of
the
commission.
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
subsection
3.
b.
To
exercise
the
privilege
to
practice
under
the
terms
and
provisions
of
this
compact,
an
individual
must:
(1)
Be
at
least
eighteen
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
be
defined
in
the
rules
of
the
commission.
d.
Except
as
provided
in
paragraph
“c”
of
this
subsection,
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
House
File
694,
p.
6
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.
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
emergency
medical
services
duties
as
assigned
by
an
appropriate
authority,
as
defined
in
the
rules
of
the
commission,
and
under
the
following
circumstances:
a.
The
individual
originates
a
patient
transport
in
a
home
state
and
transports
the
patient
to
a
remote
state;
b.
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;
c.
The
individual
enters
a
remote
state
to
provide
patient
care
and/or
transport
within
that
remote
state;
d.
The
individual
enters
a
remote
state
to
pick
up
a
patient
and
provide
care
and
transport
to
a
third
member
state;
e.
Other
conditions
as
determined
by
rules
promulgated
by
the
commission.
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,
all
relevant
terms
and
provisions
of
the
emergency
management
assistance
compact
shall
apply
and
to
the
extent
any
terms
or
provisions
of
this
compact
conflict
with
the
emergency
management
assistance
compact,
the
terms
of
the
emergency
management
assistance
compact
shall
prevail
with
respect
to
any
individual
practicing
in
the
remote
state
in
response
to
such
declaration.
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,
House
File
694,
p.
7
who
holds
a
current,
valid,
unrestricted
national
registry
of
emergency
medical
technicians
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
provisions
of
subsection
8.
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’s
and
remote
state’s
emergency
medical
services
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’s
and
remote
state’s
emergency
medical
services
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
House
File
694,
p.
8
follows
its
own
procedures
for
imposing
such
adverse
action.
f.
A
home
state’s
emergency
medical
services
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
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
nonpublic
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.
9.
Additional
powers
invested
in
a
member
state’s
emergency
medical
services
authority.
A
member
state’s
emergency
medical
services
authority,
in
addition
to
any
other
powers
granted
under
state
law,
is
authorized
under
this
compact
to:
a.
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
emergency
medical
services
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
emergency
medical
services
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
b.
Issue
cease
and
desist
orders
to
restrict,
suspend,
or
revoke
an
individual’s
privilege
to
practice
in
the
state.
10.
Establishment
of
the
interstate
commission
for
emergency
medical
services
personnel
practice.
a.
The
compact
states
hereby
create
and
establish
a
joint
public
agency
known
as
the
interstate
commission
for
emergency
medical
services
personnel
practice.
(1)
The
commission
is
a
body
politic
and
an
instrumentality
House
File
694,
p.
9
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
delegate.
The
responsible
official
of
the
state
emergency
medical
services
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
emergency
medical
services
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
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
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
subsection
12.
(5)
The
commission
may
convene
in
a
closed,
nonpublic
meeting
if
the
commission
must
discuss:
(a)
Noncompliance
of
a
member
state
with
its
obligations
House
File
694,
p.
10
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;
(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
therefor,
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
rules
to
govern
its
conduct
as
House
File
694,
p.
11
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
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
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
House
File
694,
p.
12
any;
(9)
The
commission
shall
maintain
its
financial
records
in
accordance
with
the
bylaws;
and
(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
emergency
medical
services
authority
or
other
regulatory
body
responsible
for
emergency
medical
services
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,
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;
House
File
694,
p.
13
(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
emergency
medical
services
personnel
licensure
and
practice.
e.
Financing
of
the
commission.
(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
House
File
694,
p.
14
audited
yearly
by
a
certified
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,
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
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
House
File
694,
p.
15
actual
or
alleged
act,
error,
or
omission
did
not
result
from
the
intentional
or
willful
or
wanton
misconduct
of
that
person.
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)
Nonconfidential
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
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.
12.
Rulemaking.
House
File
694,
p.
16
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
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
internet
site
of
the
commission;
and
(2)
On
the
internet
site
of
each
member
state
emergency
medical
services
authority
or
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
persons;
(2)
A
governmental
subdivision
or
agency;
or
(3)
An
association
having
at
least
twenty-five
members.
h.
If
a
hearing
is
held
on
the
proposed
rule
or
amendment,
House
File
694,
p.
17
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
business
days
before
the
scheduled
date
of
the
hearing.
(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
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
House
File
694,
p.
18
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
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.
13.
Oversight,
dispute
resolution,
and
enforcement.
a.
Oversight.
(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)
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
House
File
694,
p.
19
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
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
United
States
district
court
for
the
District
of
Columbia
or
the
federal
district
where
House
File
694,
p.
20
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
nonmember
states.
(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.
14.
Date
of
implementation
of
the
interstate
commission
for
emergency
medical
services
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
compact.
b.
Any
state
that
joins
the
compact
subsequent
to
the
House
File
694,
p.
21
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
months
after
enactment
of
the
repealing
statute.
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
of
the
withdrawing
state’s
emergency
medical
services
authority
to
comply
with
the
investigative
and
adverse
action
reporting
requirements
of
this
compact
prior
to
the
effective
date
of
withdrawal.
d.
Nothing
contained
in
this
compact
shall
be
construed
to
invalidate
or
prevent
any
emergency
medical
services
personnel
licensure
agreement
or
other
cooperative
arrangement
between
a
member
state
and
a
nonmember
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.
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
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
emergency
medical
services
agencies.
DIVISION
II
IMPLEMENTING
CHANGES
Sec.
2.
Section
147A.1,
subsection
4,
Code
2019,
is
amended
to
read
as
follows:
4.
“Emergency
medical
care
provider”
means
an
individual
trained
to
provide
emergency
and
nonemergency
medical
care
at
the
emergency
medical
responder,
emergency
medical
technician,
advanced
emergency
medical
technician,
paramedic,
or
other
certification
levels
adopted
by
rule
by
the
department,
who
House
File
694,
p.
22
has
been
issued
a
certificate
by
the
department
,
or
a
person
practicing
pursuant
to
chapter
147D
.
Sec.
3.
Section
147A.1A,
Code
2019,
is
amended
to
read
as
follows:
147A.1A
Lead
agency.
The
department
is
designated
as
the
lead
agency
for
coordinating
and
implementing
the
provision
of
emergency
medical
services
in
this
state.
The
department
shall
be
the
state
EMS
authority
for
the
purposes
of
chapter
147D.
Sec.
4.
Section
147A.4,
Code
2019,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
department
shall
recognize
the
practice
requirements
of
recognition
of
the
emergency
medical
services
personnel
licensure
interstate
compact,
chapter
147D,
and
shall
adopt
rules
necessary
for
the
implementation
of
the
compact.
Sec.
5.
Section
147A.6,
Code
2019,
is
amended
to
read
as
follows:
147A.6
Emergency
medical
care
provider
certificates
——
fees
and
renewal.
1.
The
department,
upon
initial
application
and
receipt
of
the
prescribed
initial
application
fee,
shall
issue
a
certificate
to
an
individual
who
has
met
all
of
the
requirements
for
emergency
medical
care
provider
certification
established
by
the
rules
adopted
under
section
147A.4,
subsection
2
.
All
fees
received
pursuant
to
this
section
shall
be
deposited
in
the
emergency
medical
services
fund
established
in
section
135.25
retained
by
the
department
.
The
moneys
retained
by
the
department
shall
be
used
for
any
of
the
department’s
duties
under
this
chapter,
including
but
not
limited
to
the
addition
of
full-time
equivalent
positions
for
program
services
and
investigations.
Revenues
retained
by
the
department
pursuant
to
this
section
shall
be
considered
repayment
receipts
as
defined
in
section
8.2.
Notwithstanding
section
8.33,
moneys
retained
by
the
department
pursuant
to
this
section
are
not
subject
to
reversion
to
the
general
fund
of
the
state.
2.
The
department,
upon
renewal
application
and
receipt
of
the
prescribed
renewal
application
fee,
shall
issue
House
File
694,
p.
23
a
certificate
to
an
individual
who
has
met
all
of
the
requirements
for
emergency
medical
care
provider
certification
established
by
the
rules
adopted
under
section
147A.4,
subsection
2.
All
fees
collected
pursuant
to
this
section
shall
be
deposited
in
the
emergency
medical
services
fund
established
in
section
135.25.
2.
3.
Emergency
medical
care
provider
certificates
are
valid
for
the
multiyear
period
determined
by
the
department,
unless
sooner
suspended
or
revoked.
The
certificate
shall
be
renewed
upon
application
of
the
holder
and
receipt
of
the
prescribed
fee
if
the
holder
has
satisfactorily
completed
continuing
medical
education
programs
as
required
by
rule.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
694,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor