Bill Text: IA HSB192 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act establishing an emergency medical services personnel licensure interstate compact.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-03-06 - Committee report, recommending amendment and passage. H.J. 422. [HSB192 Detail]

Download: Iowa-2019-HSB192-Introduced.html
House Study Bill 192 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act establishing an emergency medical services personnel 1 licensure interstate compact. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1139YC (1) 88 ss/rn
H.F. _____ Section 1. NEW SECTION . 147D.1 Emergency medical services 1 personnel licensure interstate compact. 2 1. Purpose. In order to protect the public through 3 verification of competency and ensure accountability for 4 patient care related activities all states license emergency 5 medical services personnel, such as emergency medical 6 technicians, advanced emergency medical technicians, and 7 paramedics. This compact is intended to facilitate the 8 day-to-day movement of emergency medical services personnel 9 across state boundaries in the performance of their emergency 10 medical services duties as assigned by an appropriate authority 11 and authorize state emergency medical services offices to 12 afford immediate legal recognition to emergency medical 13 services personnel licensed in a member state. This compact 14 recognizes that states have a vested interest in protecting 15 the public’s health and safety through their licensing and 16 regulation of emergency medical services personnel and that 17 such state regulation shared among the member states will best 18 protect public health and safety. This compact is designed to 19 achieve the following purposes and objectives: 20 a. Increase public access to emergency medical services 21 personnel. 22 b. Enhance the states’ ability to protect the public’s 23 health and safety, especially patient safety. 24 c. Encourage the cooperation of member states in the 25 areas of emergency medical services personnel licensure and 26 regulation. 27 d. Support licensing of military members who are separating 28 from an active duty tour and their spouses. 29 e. Facilitate the exchange of information between member 30 states regarding emergency medical services personnel 31 licensure, adverse action, and significant investigatory 32 information. 33 f. Promote compliance with the laws governing emergency 34 medical services personnel practice in each member state. 35 -1- LSB 1139YC (1) 88 ss/rn 1/ 28
H.F. _____ g. Invest all member states with the authority to hold 1 emergency medical services personnel accountable through the 2 mutual recognition of member state licenses. 3 2. Definitions. In this compact: 4 a. “Advanced emergency medical technician” or “AEMT” means 5 an individual licensed with cognitive knowledge and a scope 6 of practice that corresponds to that level in the national 7 emergency medical services education standards and national 8 emergency medical services scope of practice model. 9 b. “Adverse action” means any administrative, civil, 10 equitable, or criminal action permitted by a state’s laws which 11 may be imposed against licensed emergency medical services 12 personnel by a state emergency medical services authority or 13 state court, including but not limited to actions against an 14 individual’s license such as revocation, suspension, probation, 15 consent agreement, monitoring, or other limitation or 16 encumbrance on the individual’s practice, letters of reprimand 17 or admonition, fines, criminal convictions, and state court 18 judgments enforcing adverse actions by the state emergency 19 medical services authority. 20 c. “Alternative program” means a voluntary, nondisciplinary 21 substance abuse recovery program approved by a state emergency 22 medical services authority. 23 d. “Certification” means the successful verification of 24 entry-level cognitive and psychomotor competency using a 25 reliable, validated, and legally defensible examination. 26 e. “Commission” means the national administrative body of 27 which all states that have enacted the compact are members. 28 f. “Emergency medical technician” or “EMT” means an 29 individual licensed with cognitive knowledge and a scope 30 of practice that corresponds to that level in the national 31 emergency medical services education standards and national 32 emergency medical services scope of practice model. 33 g. “Home state” means a member state where an individual is 34 licensed to practice emergency medical services. 35 -2- LSB 1139YC (1) 88 ss/rn 2/ 28
H.F. _____ h. “License” means the authorization by a state for an 1 individual to practice as an EMT, AEMT, paramedic, or a level 2 between EMT and paramedic. 3 i. “Medical director” means a physician licensed in a member 4 state who is accountable for the care delivered by emergency 5 medical services personnel. 6 j. “Member state” means a state that has enacted this 7 compact. 8 k. “Paramedic” means an individual licensed with cognitive 9 knowledge and a scope of practice that corresponds to that 10 level in the national emergency medical services education 11 standards and national emergency medical services scope of 12 practice model. 13 l. “Privilege to practice” means an individual’s authority 14 to deliver emergency medical services in remote states as 15 authorized under this compact. 16 m. “Remote state” means a member state in which an 17 individual is not licensed. 18 n. “Restricted” means the outcome of an adverse action that 19 limits a license or the privilege to practice. 20 o. “Rule” means a written statement by the interstate 21 commission promulgated pursuant to subsection 12 of this 22 compact that is of general applicability; implements, 23 interprets, or prescribes a policy or provision of the compact; 24 or is an organizational, procedural, or practice requirement 25 of the commission and has the force and effect of statutory 26 law in a member state and includes the amendment, repeal, or 27 suspension of an existing rule. 28 p. “Scope of practice” means defined parameters of various 29 duties or services that may be provided by an individual with 30 specific credentials. Whether regulated by rule, statute, or 31 court decision, it tends to represent the limits of services an 32 individual may perform. 33 q. “Significant investigatory information” means: 34 (1) Investigative information that a state emergency 35 -3- LSB 1139YC (1) 88 ss/rn 3/ 28
H.F. _____ medical services authority, after a preliminary inquiry that 1 includes notification and an opportunity to respond if required 2 by state law, has reason to believe, if proved true, would 3 result in the imposition of an adverse action on a license or 4 privilege to practice; or 5 (2) Investigative information that indicates that the 6 individual represents an immediate threat to public health and 7 safety regardless of whether the individual has been notified 8 and had an opportunity to respond. 9 r. “State” means any state, commonwealth, district, or 10 territory of the United States. 11 s. “State emergency medical services authority” means the 12 board, office, or other agency with the legislative mandate to 13 license emergency medical services personnel. 14 3. Home state licensure. 15 a. Any member state in which an individual holds a current 16 license shall be deemed a home state for purposes of this 17 compact. 18 b. Any member state may require an individual to obtain and 19 retain a license to be authorized to practice in the member 20 state under circumstances not authorized by the privilege to 21 practice under the terms of this compact. 22 c. A home state’s license authorizes an individual to 23 practice in a remote state under the privilege to practice only 24 if the home state: 25 (1) Currently requires the use of the national registry of 26 emergency medical technicians examination as a condition of 27 issuing initial licenses at the EMT and paramedic levels; 28 (2) Has a mechanism in place for receiving and investigating 29 complaints about individuals; 30 (3) Notifies the commission, in compliance with the terms 31 herein, of any adverse action or significant investigatory 32 information regarding an individual; 33 (4) No later than five years after activation of the 34 compact, requires a criminal background check of all applicants 35 -4- LSB 1139YC (1) 88 ss/rn 4/ 28
H.F. _____ for initial licensure, including the use of the results of 1 fingerprint or other biometric data checks compliant with 2 the requirements of the federal bureau of investigation 3 with the exception of federal employees who have suitability 4 determination in accordance with 5 C.F.R. §731.202 and submit 5 documentation of such as promulgated in the rules of the 6 commission; and 7 (5) Complies with the rules of the commission. 8 4. Compact privilege to practice. 9 a. Member states shall recognize the privilege to practice 10 of an individual licensed in another member state that is in 11 conformance with subsection 3. 12 b. To exercise the privilege to practice under the terms and 13 provisions of this compact, an individual must: 14 (1) Be at least eighteen years of age; 15 (2) Possess a current unrestricted license in a member state 16 as an EMT, AEMT, paramedic, or state-recognized and licensed 17 level with a scope of practice and authority between EMT and 18 paramedic; and 19 (3) Practice under the supervision of a medical director. 20 c. An individual providing patient care in a remote state 21 under the privilege to practice shall function within the scope 22 of practice authorized by the home state unless and until 23 modified by an appropriate authority in the remote state as may 24 be defined in the rules of the commission. 25 d. Except as provided in paragraph “c” of this subsection, 26 an individual practicing in a remote state will be subject to 27 the remote state’s authority and laws. A remote state may, in 28 accordance with due process and that state’s laws, restrict, 29 suspend, or revoke an individual’s privilege to practice in 30 the remote state and may take any other necessary actions to 31 protect the health and safety of its citizens. If a remote 32 state takes action it shall promptly notify the home state and 33 the commission. 34 e. If an individual’s license in any home state is 35 -5- LSB 1139YC (1) 88 ss/rn 5/ 28
H.F. _____ restricted or suspended, the individual shall not be eligible 1 to practice in a remote state under the privilege to practice 2 until the individual’s home state license is restored. 3 f. If an individual’s privilege to practice in any remote 4 state is restricted, suspended, or revoked the individual shall 5 not be eligible to practice in any remote state until the 6 individual’s privilege to practice is restored. 7 5. Conditions of practice in a remote state. An individual 8 may practice in a remote state under a privilege to practice 9 only in the performance of the individual’s emergency medical 10 services duties as assigned by an appropriate authority, as 11 defined in the rules of the commission, and under the following 12 circumstances: 13 a. The individual originates a patient transport in a home 14 state and transports the patient to a remote state; 15 b. The individual originates in the home state and enters 16 a remote state to pick up a patient and provide care and 17 transport of the patient to the home state; 18 c. The individual enters a remote state to provide patient 19 care and/or transport within that remote state; 20 d. The individual enters a remote state to pick up a patient 21 and provide care and transport to a third member state; 22 e. Other conditions as determined by rules promulgated by 23 the commission. 24 6. Relationship to emergency management assistance 25 compact. Upon a member state’s governor’s declaration of a 26 state of emergency or disaster that activates the emergency 27 management assistance compact, all relevant terms and 28 provisions of the emergency management assistance compact shall 29 apply and to the extent any terms or provisions of this compact 30 conflict with the emergency management assistance compact, the 31 terms of the emergency management assistance compact shall 32 prevail with respect to any individual practicing in the remote 33 state in response to such declaration. 34 7. Veterans, service members separating from active duty 35 -6- LSB 1139YC (1) 88 ss/rn 6/ 28
H.F. _____ military, and their spouses. 1 a. Member states shall consider a veteran, active military 2 service member, and member of the national guard and reserves 3 separating from an active duty tour, and a spouse thereof, 4 who holds a current, valid, unrestricted national registry 5 of emergency medical technicians certification at or above 6 the level of the state license being sought as satisfying 7 the minimum training and examination requirements for such 8 licensure. 9 b. Member states shall expedite the processing of licensure 10 applications submitted by veterans, active military service 11 members, and members of the national guard and reserves 12 separating from an active duty tour, and their spouses. 13 c. All individuals functioning with a privilege to practice 14 under this section remain subject to the adverse actions 15 provisions of subsection 8. 16 8. Adverse actions. 17 a. A home state shall have exclusive power to impose adverse 18 action against an individual’s license issued by the home 19 state. 20 b. If an individual’s license in any home state is 21 restricted or suspended, the individual shall not be eligible 22 to practice in a remote state under the privilege to practice 23 until the individual’s home state license is restored. 24 (1) All home state adverse action orders shall include 25 a statement that the individual’s compact privileges are 26 inactive. The order may allow the individual to practice in 27 remote states with prior written authorization from both the 28 home state’s and remote state’s emergency medical services 29 authority. 30 (2) An individual currently subject to adverse action in the 31 home state shall not practice in any remote state without prior 32 written authorization from both the home state’s and remote 33 state’s emergency medical services authority. 34 c. A member state shall report adverse actions and any 35 -7- LSB 1139YC (1) 88 ss/rn 7/ 28
H.F. _____ occurrences that the individual’s compact privileges are 1 restricted, suspended, or revoked to the commission in 2 accordance with the rules of the commission. 3 d. A remote state may take adverse action on an individual’s 4 privilege to practice within that state. 5 e. Any member state may take adverse action against an 6 individual’s privilege to practice in that state based on the 7 factual findings of another member state, so long as each state 8 follows its own procedures for imposing such adverse action. 9 f. A home state’s emergency medical services authority 10 shall investigate and take appropriate action with respect 11 to reported conduct in a remote state as it would if such 12 conduct had occurred within the home state. In such cases, the 13 home state’s law shall control in determining the appropriate 14 adverse action. 15 g. Nothing in this compact shall override a member state’s 16 decision that participation in an alternative program may be 17 used in lieu of adverse action and that such participation 18 shall remain nonpublic if required by the member state’s 19 laws. Member states must require individuals who enter any 20 alternative programs to agree not to practice in any other 21 member state during the term of the alternative program without 22 prior authorization from such other member state. 23 9. Additional powers invested in a member state’s emergency 24 medical services authority. A member state’s emergency medical 25 services authority, in addition to any other powers granted 26 under state law, is authorized under this compact to: 27 a. Issue subpoenas for both hearings and investigations 28 that require the attendance and testimony of witnesses and the 29 production of evidence. Subpoenas issued by a member state’s 30 emergency medical services authority for the attendance and 31 testimony of witnesses, and/or the production of evidence from 32 another member state, shall be enforced in the remote state by 33 any court of competent jurisdiction, according to that court’s 34 practice and procedure in considering subpoenas issued in its 35 -8- LSB 1139YC (1) 88 ss/rn 8/ 28
H.F. _____ own proceedings. The issuing state emergency medical services 1 authority shall pay any witness fees, travel expenses, mileage, 2 and other fees required by the service statutes of the state 3 where the witnesses and/or evidence are located; and 4 b. Issue cease and desist orders to restrict, suspend, or 5 revoke an individual’s privilege to practice in the state. 6 10. Establishment of the interstate commission for emergency 7 medical services personnel practice. 8 a. The compact states hereby create and establish a joint 9 public agency known as the interstate commission for emergency 10 medical services personnel practice. 11 (1) The commission is a body politic and an instrumentality 12 of the compact states. 13 (2) Venue is proper and judicial proceedings by or against 14 the commission shall be brought solely and exclusively in a 15 court of competent jurisdiction where the principal office of 16 the commission is located. The commission may waive venue and 17 jurisdictional defenses to the extent it adopts or consents to 18 participate in alternative dispute resolution proceedings. 19 (3) Nothing in this compact shall be construed to be a 20 waiver of sovereign immunity. 21 b. Membership, voting, and meetings. 22 (1) Each member state shall have and be limited to one 23 delegate. The responsible official of the state emergency 24 medical services authority or his designee shall be the 25 delegate to this compact for each member state. Any delegate 26 may be removed or suspended from office as provided by the law 27 of the state from which the delegate is appointed. Any vacancy 28 occurring in the commission shall be filled in accordance with 29 the laws of the member state in which the vacancy exists. In 30 the event that more than one board, office, or other agency 31 with the legislative mandate to license emergency medical 32 services personnel at and above the level of EMT exists, the 33 governor of the state will determine which entity will be 34 responsible for assigning the delegate. 35 -9- LSB 1139YC (1) 88 ss/rn 9/ 28
H.F. _____ (2) Each delegate shall be entitled to one vote with regard 1 to the promulgation of rules and creation of bylaws and shall 2 otherwise have an opportunity to participate in the business 3 and affairs of the commission. A delegate shall vote in 4 person or by such other means as provided in the bylaws. The 5 bylaws may provide for delegates’ participation in meetings by 6 telephone or other means of communication. 7 (3) The commission shall meet at least once during each 8 calendar year. Additional meetings shall be held as set forth 9 in the bylaws. 10 (4) All meetings shall be open to the public, and public 11 notice of meetings shall be given in the same manner as 12 required under the rulemaking provisions in subsection 12. 13 (5) The commission may convene in a closed, nonpublic 14 meeting if the commission must discuss: 15 (a) Noncompliance of a member state with its obligations 16 under the compact; 17 (b) The employment, compensation, discipline or other 18 personnel matters, practices or procedures related to specific 19 employees, or other matters related to the commission’s 20 internal personnel practices and procedures; 21 (c) Current, threatened, or reasonably anticipated 22 litigation; 23 (d) Negotiation of contracts for the purchase or sale of 24 goods, services, or real estate; 25 (e) Accusing any person of a crime or formally censuring any 26 person; 27 (f) Disclosure of trade secrets or commercial or financial 28 information that is privileged or confidential; 29 (g) Disclosure of information of a personal nature where 30 disclosure would constitute a clearly unwarranted invasion of 31 personal privacy; 32 (h) Disclosure of investigatory records compiled for law 33 enforcement purposes; 34 (i) Disclosure of information related to any investigatory 35 -10- LSB 1139YC (1) 88 ss/rn 10/ 28
H.F. _____ reports prepared by or on behalf of or for use of the 1 commission or other committee charged with responsibility of 2 investigation or determination of compliance issues pursuant 3 to the compact; or 4 (j) Matters specifically exempted from disclosure by 5 federal or member state statute. 6 (6) If a meeting, or portion of a meeting, is closed 7 pursuant to this provision, the commission’s legal counsel or 8 designee shall certify that the meeting may be closed and shall 9 reference each relevant exempting provision. The commission 10 shall keep minutes that fully and clearly describe all matters 11 discussed in a meeting and shall provide a full and accurate 12 summary of actions taken, and the reasons therefor, including a 13 description of the views expressed. All documents considered 14 in connection with an action shall be identified in such 15 minutes. All minutes and documents of a closed meeting shall 16 remain under seal, subject to release by a majority vote of the 17 commission or order of a court of competent jurisdiction. 18 c. The commission shall, by a majority vote of the 19 delegates, prescribe bylaws and rules to govern its conduct as 20 may be necessary or appropriate to carry out the purposes and 21 exercise the powers of the compact, including but not limited 22 to: 23 (1) Establishing the fiscal year of the commission; 24 (2) Providing reasonable standards and procedures: 25 (a) For the establishment and meetings of other committees; 26 and 27 (b) Governing any general or specific delegation of any 28 authority or function of the commission; 29 (3) Providing reasonable procedures for calling and 30 conducting meetings of the commission, ensuring reasonable 31 advance notice of all meetings, and providing an opportunity 32 for attendance of such meetings by interested parties, 33 with enumerated exceptions designed to protect the public’s 34 interest, the privacy of individuals, and proprietary 35 -11- LSB 1139YC (1) 88 ss/rn 11/ 28
H.F. _____ information, including trade secrets. The commission may meet 1 in closed session only after a majority of the membership votes 2 to close a meeting in whole or in part. As soon as practicable, 3 the commission must make public a copy of the vote to close the 4 meeting revealing the vote of each member with no proxy votes 5 allowed; 6 (4) Establishing the titles, duties and authority, and 7 reasonable procedures for the election of the officers of the 8 commission; 9 (5) Providing reasonable standards and procedures for the 10 establishment of the personnel policies and programs of the 11 commission. Notwithstanding any civil service or other similar 12 laws of any member state, the bylaws shall exclusively govern 13 the personnel policies and programs of the commission; 14 (6) Promulgating a code of ethics to address permissible and 15 prohibited activities of commission members and employees; 16 (7) Providing a mechanism for winding up the operations of 17 the commission and the equitable disposition of any surplus 18 funds that may exist after the termination of the compact 19 after the payment and/or reserving of all of its debts and 20 obligations; 21 (8) The commission shall publish its bylaws and file a 22 copy thereof, and a copy of any amendment thereto, with the 23 appropriate agency or officer in each of the member states, if 24 any; 25 (9) The commission shall maintain its financial records in 26 accordance with the bylaws; and 27 (10) The commission shall meet and take such actions as are 28 consistent with the provisions of this compact and the bylaws. 29 d. The commission shall have the following powers: 30 (1) The authority to promulgate uniform rules to facilitate 31 and coordinate implementation and administration of this 32 compact. The rules shall have the force and effect of law and 33 shall be binding in all member states; 34 (2) To bring and prosecute legal proceedings or actions in 35 -12- LSB 1139YC (1) 88 ss/rn 12/ 28
H.F. _____ the name of the commission, provided that the standing of any 1 state emergency medical services authority or other regulatory 2 body responsible for emergency medical services personnel 3 licensure to sue or be sued under applicable law shall not be 4 affected; 5 (3) To purchase and maintain insurance and bonds; 6 (4) To borrow, accept, or contract for services of 7 personnel, including but not limited to employees of a member 8 state; 9 (5) To hire employees, elect or appoint officers, fix 10 compensation, define duties, grant such individuals appropriate 11 authority to carry out the purposes of the compact, and to 12 establish the commission’s personnel policies and programs 13 relating to conflicts of interest, qualifications of personnel, 14 and other related personnel matters; 15 (6) To accept any and all appropriate donations and grants 16 of money, equipment, supplies, materials, and services, and to 17 receive, utilize, and dispose of the same, provided that at all 18 times the commission shall strive to avoid any appearance of 19 impropriety and/or conflict of interest; 20 (7) To lease, purchase, accept appropriate gifts or 21 donations of, or otherwise to own, hold, improve, or use, 22 any property, real, personal, or mixed, provided that at all 23 times the commission shall strive to avoid any appearance of 24 impropriety; 25 (8) To sell, convey, mortgage, pledge, lease, exchange, 26 abandon, or otherwise dispose of any property, real, personal, 27 or mixed; 28 (9) To establish a budget and make expenditures; 29 (10) To borrow money; 30 (11) To appoint committees, including advisory committees 31 comprised of members, state regulators, state legislators or 32 their representatives, and consumer representatives, and such 33 other interested persons as may be designated in this compact 34 and the bylaws; 35 -13- LSB 1139YC (1) 88 ss/rn 13/ 28
H.F. _____ (12) To provide and receive information from, and to 1 cooperate with, law enforcement agencies; 2 (13) To adopt and use an official seal; and 3 (14) To perform such other functions as may be necessary or 4 appropriate to achieve the purposes of this compact consistent 5 with the state regulation of emergency medical services 6 personnel licensure and practice. 7 e. Financing of the commission. 8 (1) The commission shall pay, or provide for the payment of, 9 the reasonable expenses of its establishment, organization, and 10 ongoing activities. 11 (2) The commission may accept any and all appropriate 12 revenue sources, donations, and grants of money, equipment, 13 supplies, materials, and services. 14 (3) The commission may levy on and collect an annual 15 assessment from each member state or impose fees on other 16 parties to cover the cost of the operations and activities 17 of the commission and its staff, which must be in a total 18 amount sufficient to cover its annual budget as approved each 19 year for which revenue is not provided by other sources. The 20 aggregate annual assessment amount shall be allocated based 21 upon a formula to be determined by the commission, which shall 22 promulgate a rule binding upon all member states. 23 (4) The commission shall not incur obligations of any kind 24 prior to securing the funds adequate to meet the same; nor 25 shall the commission pledge the credit of any of the member 26 states, except by and with the authority of the member state. 27 (5) The commission shall keep accurate accounts of all 28 receipts and disbursements. The receipts and disbursements of 29 the commission shall be subject to the audit and accounting 30 procedures established under its bylaws. However, all receipts 31 and disbursements of funds handled by the commission shall be 32 audited yearly by a certified or licensed public accountant, 33 and the report of the audit shall be included in and become 34 part of the annual report of the commission. 35 -14- LSB 1139YC (1) 88 ss/rn 14/ 28
H.F. _____ f. Qualified immunity, defense, and indemnification. 1 (1) The members, officers, executive director, employees, 2 and representatives of the commission shall be immune from suit 3 and liability, either personally or in their official capacity, 4 for any claim for damage to or loss of property or personal 5 injury or other civil liability caused by or arising out of any 6 actual or alleged act, error, or omission that occurred, or 7 that the person against whom the claim is made had a reasonable 8 basis for believing occurred, within the scope of commission 9 employment, duties, or responsibilities; provided that nothing 10 in this paragraph shall be construed to protect any such person 11 from suit and/or liability for any damage, loss, injury, or 12 liability caused by the intentional or willful or wanton 13 misconduct of that person. 14 (2) The commission shall defend any member, officer, 15 executive director, employee, or representative of the 16 commission in any civil action seeking to impose liability 17 arising out of any actual or alleged act, error, or omission 18 that occurred within the scope of commission employment, 19 duties, or responsibilities, or that the person against 20 whom the claim is made had a reasonable basis for believing 21 occurred, within the scope of commission employment, duties, 22 or responsibilities, provided that nothing herein shall be 23 construed to prohibit that person from retaining his or her 24 own counsel, and provided further that the actual or alleged 25 act, error, or omission did not result from that person’s 26 intentional or willful or wanton misconduct. 27 (3) The commission shall indemnify and hold harmless 28 any member, officer, executive director, employee, or 29 representative of the commission for the amount of any 30 settlement or judgment obtained against that person arising 31 out of any actual or alleged act, error, or omission that 32 occurred, within the scope of commission employment, duties, 33 or responsibilities, or that such person had a reasonable 34 basis for believing occurred, within the scope of commission 35 -15- LSB 1139YC (1) 88 ss/rn 15/ 28
H.F. _____ employment, duties, or responsibilities, provided that the 1 actual or alleged act, error, or omission did not result from 2 the intentional or willful or wanton misconduct of that person. 3 11. Coordinated database. 4 a. The commission shall provide for the development 5 and maintenance of a coordinated database and reporting 6 system containing licensure, adverse action, and significant 7 investigatory information on all licensed individuals in member 8 states. 9 b. Notwithstanding any other provision of state law to the 10 contrary, a member state shall submit a uniform data set to the 11 coordinated database on all individuals to whom this compact 12 is applicable as required by the rules of the commission, 13 including: 14 (1) Identifying information; 15 (2) Licensure data; 16 (3) Significant investigatory information; 17 (4) Adverse actions against an individual’s license; 18 (5) An indicator that an individual’s privilege to practice 19 is restricted, suspended, or revoked; 20 (6) Nonconfidential information related to alternative 21 program participation; 22 (7) Any denial of application for licensure, and the 23 reason(s) for such denial; and 24 (8) Other information that may facilitate the 25 administration of this compact, as determined by the rules of 26 the commission. 27 c. The coordinated database administrator shall promptly 28 notify all member states of any adverse action taken against, 29 or significant investigative information on, any individual in 30 a member state. 31 d. Member states contributing information to the coordinated 32 database may designate information that may not be shared with 33 the public without the express permission of the contributing 34 state. 35 -16- LSB 1139YC (1) 88 ss/rn 16/ 28
H.F. _____ e. Any information submitted to the coordinated database 1 that is subsequently required to be expunged by the laws of the 2 member state contributing the information shall be removed from 3 the coordinated database. 4 12. Rulemaking. 5 a. The commission shall exercise its rulemaking powers 6 pursuant to the criteria set forth in this section and the 7 rules adopted thereunder. Rules and amendments shall become 8 binding as of the date specified in each rule or amendment. 9 b. If a majority of the legislatures of the member states 10 rejects a rule, by enactment of a statute or resolution in the 11 same manner used to adopt the compact, then such rule shall 12 have no further force and effect in any member state. 13 c. Rules or amendments to the rules shall be adopted at a 14 regular or special meeting of the commission. 15 d. Prior to promulgation and adoption of a final rule or 16 rules by the commission, and at least sixty days in advance 17 of the meeting at which the rule will be considered and 18 voted upon, the commission shall file a notice of proposed 19 rulemaking: 20 (1) On the internet site of the commission; and 21 (2) On the internet site of each member state emergency 22 medical services authority or the publication in which each 23 state would otherwise publish proposed rules. 24 e. The notice of proposed rulemaking shall include: 25 (1) The proposed time, date, and location of the meeting in 26 which the rule will be considered and voted upon; 27 (2) The text of the proposed rule or amendment and the 28 reason for the proposed rule; 29 (3) A request for comments on the proposed rule from any 30 interested person; and 31 (4) The manner in which interested persons may submit notice 32 to the commission of their intention to attend the public 33 hearing and any written comments. 34 f. Prior to adoption of a proposed rule, the commission 35 -17- LSB 1139YC (1) 88 ss/rn 17/ 28
H.F. _____ shall allow persons to submit written data, facts, opinions, 1 and arguments, which shall be made available to the public. 2 g. The commission shall grant an opportunity for a public 3 hearing before it adopts a rule or amendment if a hearing is 4 requested by: 5 (1) At least twenty-five persons; 6 (2) A governmental subdivision or agency; or 7 (3) An association having at least twenty-five members. 8 h. If a hearing is held on the proposed rule or amendment, 9 the commission shall publish the place, time, and date of the 10 scheduled public hearing. 11 (1) All persons wishing to be heard at the hearing shall 12 notify the executive director of the commission or other 13 designated member in writing of their desire to appear and 14 testify at the hearing not less than five business days before 15 the scheduled date of the hearing. 16 (2) Hearings shall be conducted in a manner providing each 17 person who wishes to comment a fair and reasonable opportunity 18 to comment orally or in writing. 19 (3) No transcript of the hearing is required, unless 20 a written request for a transcript is made, in which case 21 the person requesting the transcript shall bear the cost of 22 producing the transcript. A recording may be made in lieu of a 23 transcript under the same terms and conditions as a transcript. 24 This subsection shall not preclude the commission from making a 25 transcript or recording of the hearing if it so chooses. 26 (4) Nothing in this section shall be construed as requiring 27 a separate hearing on each rule. Rules may be grouped for the 28 convenience of the commission at hearings required by this 29 section. 30 i. Following the scheduled hearing date, or by the close 31 of business on the scheduled hearing date if the hearing was 32 not held, the commission shall consider all written and oral 33 comments received. 34 j. The commission shall, by majority vote of all members, 35 -18- LSB 1139YC (1) 88 ss/rn 18/ 28
H.F. _____ take final action on the proposed rule and shall determine the 1 effective date of the rule, if any, based on the rulemaking 2 record and the full text of the rule. 3 k. If no written notice of intent to attend the public 4 hearing by interested parties is received, the commission may 5 proceed with promulgation of the proposed rule without a public 6 hearing. 7 l. Upon determination that an emergency exists, the 8 commission may consider and adopt an emergency rule without 9 prior notice, opportunity for comment, or hearing, provided 10 that the usual rulemaking procedures provided in the compact 11 and in this section shall be retroactively applied to the rule 12 as soon as reasonably possible, in no event later than ninety 13 days after the effective date of the rule. For the purposes of 14 this provision, an emergency rule is one that must be adopted 15 immediately in order to: 16 (1) Meet an imminent threat to public health, safety, or 17 welfare; 18 (2) Prevent a loss of commission or member state funds; 19 (3) Meet a deadline for the promulgation of an 20 administrative rule that is established by federal law or rule; 21 or 22 (4) Protect public health and safety. 23 m. The commission or an authorized committee of the 24 commission may direct revisions to a previously adopted rule 25 or amendment for purposes of correcting typographical errors, 26 errors in format, errors in consistency, or grammatical errors. 27 Public notice of any revisions shall be posted on the website 28 of the commission. The revision shall be subject to challenge 29 by any person for a period of thirty days after posting. The 30 revision may be challenged only on grounds that the revision 31 results in a material change to a rule. A challenge shall be 32 made in writing, and delivered to the chair of the commission 33 prior to the end of the notice period. If no challenge is 34 made, the revision will take effect without further action. If 35 -19- LSB 1139YC (1) 88 ss/rn 19/ 28
H.F. _____ the revision is challenged, the revision may not take effect 1 without the approval of the commission. 2 13. Oversight, dispute resolution, and enforcement. 3 a. Oversight. 4 (1) The executive, legislative, and judicial branches 5 of state government in each member state shall enforce this 6 compact and take all actions necessary and appropriate to 7 effectuate the compact’s purposes and intent. The provisions 8 of this compact and the rules promulgated hereunder shall have 9 standing as statutory law. 10 (2) All courts shall take judicial notice of the compact 11 and the rules in any judicial or administrative proceeding in a 12 member state pertaining to the subject matter of this compact 13 which may affect the powers, responsibilities, or actions of 14 the commission. 15 (3) The commission shall be entitled to receive service 16 of process in any such proceeding, and shall have standing to 17 intervene in such a proceeding for all purposes. Failure to 18 provide service of process to the commission shall render a 19 judgment or order void as to the commission, this compact, or 20 promulgated rules. 21 b. Default, technical assistance, and termination. 22 (1) If the commission determines that a member state 23 has defaulted in the performance of its obligations or 24 responsibilities under this compact or the promulgated rules, 25 the commission shall: 26 (a) Provide written notice to the defaulting state and other 27 member states of the nature of the default, the proposed means 28 of curing the default and/or any other action to be taken by 29 the commission; and 30 (b) Provide remedial training and specific technical 31 assistance regarding the default. 32 (2) If a state in default fails to cure the default, the 33 defaulting state may be terminated from the compact upon an 34 affirmative vote of a majority of the member states, and all 35 -20- LSB 1139YC (1) 88 ss/rn 20/ 28
H.F. _____ rights, privileges, and benefits conferred by this compact may 1 be terminated on the effective date of termination. A cure of 2 the default does not relieve the offending state of obligations 3 or liabilities incurred during the period of default. 4 (3) Termination of membership in the compact shall be 5 imposed only after all other means of securing compliance have 6 been exhausted. Notice of intent to suspend or terminate shall 7 be given by the commission to the governor, the majority and 8 minority leaders of the defaulting state’s legislature, and 9 each of the member states. 10 (4) A state that has been terminated is responsible for 11 all assessments, obligations, and liabilities incurred through 12 the effective date of termination, including obligations that 13 extend beyond the effective date of termination. 14 (5) The commission shall not bear any costs related 15 to a state that is found to be in default or that has been 16 terminated from the compact, unless agreed upon in writing 17 between the commission and the defaulting state. 18 (6) The defaulting state may appeal the action of the 19 commission by petitioning the United States district court 20 for the District of Columbia or the federal district where 21 the commission has its principal offices. The prevailing 22 member shall be awarded all costs of such litigation, including 23 reasonable attorney’s fees. 24 c. Dispute resolution. 25 (1) Upon request by a member state, the commission shall 26 attempt to resolve disputes related to the compact that arise 27 among member states and between member and nonmember states. 28 (2) The commission shall promulgate a rule providing for 29 both mediation and binding dispute resolution for disputes as 30 appropriate. 31 d. Enforcement. 32 (1) The commission, in the reasonable exercise of its 33 discretion, shall enforce the provisions and rules of this 34 compact. 35 -21- LSB 1139YC (1) 88 ss/rn 21/ 28
H.F. _____ (2) By majority vote, the commission may initiate legal 1 action in the United States district court for the District 2 of Columbia or the federal district where the commission has 3 its principal offices against a member state in default to 4 enforce compliance with the provisions of the compact and its 5 promulgated rules and bylaws. The relief sought may include 6 both injunctive relief and damages. In the event judicial 7 enforcement is necessary, the prevailing member shall be 8 awarded all costs of such litigation, including reasonable 9 attorney’s fees. 10 (3) The remedies herein shall not be the exclusive remedies 11 of the commission. The commission may pursue any other 12 remedies available under federal or state law. 13 14. Date of implementation of the interstate commission for 14 emergency medical services personnel practice and associated 15 rules, withdrawal, and amendment. 16 a. The compact shall come into effect on the date on 17 which the compact statute is enacted into law in the tenth 18 member state. The provisions, which become effective at 19 that time, shall be limited to the powers granted to the 20 commission relating to assembly and the promulgation of rules. 21 Thereafter, the commission shall meet and exercise rulemaking 22 powers necessary to the implementation and administration of 23 the compact. 24 b. Any state that joins the compact subsequent to the 25 commission’s initial adoption of the rules shall be subject 26 to the rules as they exist on the date on which the compact 27 becomes law in that state. Any rule that has been previously 28 adopted by the commission shall have the full force and effect 29 of law on the day the compact becomes law in that state. 30 c. Any member state may withdraw from this compact by 31 enacting a statute repealing the same. 32 (1) A member state’s withdrawal shall not take effect until 33 six months after enactment of the repealing statute. 34 (2) Withdrawal shall not affect the continuing requirement 35 -22- LSB 1139YC (1) 88 ss/rn 22/ 28
H.F. _____ of the withdrawing state’s emergency medical services authority 1 to comply with the investigative and adverse action reporting 2 requirements of this compact prior to the effective date of 3 withdrawal. 4 d. Nothing contained in this compact shall be construed to 5 invalidate or prevent any emergency medical services personnel 6 licensure agreement or other cooperative arrangement between a 7 member state and a nonmember state that does not conflict with 8 the provisions of this compact. 9 e. This compact may be amended by the member states. No 10 amendment to this compact shall become effective and binding 11 upon any member state until it is enacted into the laws of all 12 member states. 13 15. Construction and severability. This compact shall be 14 liberally construed so as to effectuate the purposes thereof. 15 If this compact shall be held contrary to the constitution of 16 any state member thereto, the compact shall remain in full 17 force and effect as to the remaining member states. Nothing in 18 this compact supersedes state law or rules related to licensure 19 of emergency medical services agencies. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill establishes an emergency medical services 24 personnel licensure interstate compact. The compact instructs 25 a member state, the “remote state”, to grant a privilege to 26 practice to a person licensed in another member state, the 27 “home state”, when all of the following conditions are met: 28 the home state requires the use of the national registry of 29 emergency medical technicians examination as a condition of 30 licensing an emergency medical technician (EMT) or paramedic; 31 the home state has a mechanism for receiving and investigating 32 complaints about a licensee; the home state notifies the 33 commission administering the compact regarding adverse actions 34 or significant investigations taken against a licensee; the 35 -23- LSB 1139YC (1) 88 ss/rn 23/ 28
H.F. _____ home state, within five years after activation of the compact, 1 requires a criminal background check for all new applicants, 2 including the use of fingerprints or other biometric data; 3 the home state complies with the rules of the commission; the 4 licensee is at least 18 years of age; the licensee possesses 5 a current, unrestricted license in a member state to practice 6 as an EMT, advanced emergency medical technician (AEMT), 7 paramedic, or other similar profession recognized by the home 8 state; and the licensee practices under the supervision of 9 a medical director. The individual may only exercise the 10 compact privilege under the following circumstances: while 11 transporting a patient from a home state to a remote state, 12 while traveling from a home state to a remote state in order to 13 transport a patient from the remote state to the home state, to 14 provide care and transport within a remote state, to transport 15 a patient from one remote state to another remote state, and 16 under other conditions as determined by the commission. 17 The compact allows a person to practice in a remote state 18 within the same scope as the person could practice in the 19 home state. The remote state may restrict or revoke the 20 individual’s right to practice in that state, consistent with 21 the remote state’s laws and due process, so long as the remote 22 state then notifies the home state and the commission. A 23 person whose license is restricted or suspended in any home 24 state may not be granted the compact privilege in any remote 25 state. 26 In the case of an emergency, any conflicting terms of the 27 emergency management assistance compact prevail over the terms 28 of the emergency medical services personnel licensure compact. 29 The compact instructs member states to consider veterans, 30 active duty military service members, and members of the 31 national guard and reserves separating from an active tour 32 of duty and spouses thereof who hold a current, valid, 33 unrestricted national registry of emergency medical technicians 34 certification at a given level to have completed the minimum 35 -24- LSB 1139YC (1) 88 ss/rn 24/ 28
H.F. _____ training and examination requirements to obtain licensure 1 at that level. The compact also instructs member states to 2 expedite the processing of applications for licensure of such 3 persons. 4 The compact grants a home state the sole authority to 5 discipline a licensee licensed by that state. A home state 6 that takes an adverse action against a licensee must inform 7 the commission of such adverse action. A licensee currently 8 subject to an adverse action may not practice in any remote 9 state without written authorization from both the home 10 state and the remote state. The compact requires a home 11 state’s EMT authority to investigate and punish reported 12 conduct in a remote state as if it had occurred in the home 13 state. The compact authorizes a home state emergency medical 14 services (EMS) authority to issue subpoenas for hearings and 15 investigations that shall be enforced in other member states 16 by any court of competent jurisdiction and to issue cease 17 and desist orders to restrict, suspend, or revoke a person’s 18 license to practice in that state. 19 The compact establishes the interstate commission for EMS 20 personnel practice. The commission consists of one delegate 21 from each member state, who shall be the responsible official 22 of the state EMS authority or that person’s designee. If more 23 than one such entity exists, the governor of the state shall 24 determine which agency shall be responsible for assigning 25 the delegate. The commission shall meet at least once each 26 calendar year, and each delegate shall have one vote with 27 regard to the promulgation of rules and creation of bylaws. 28 The compact requires meetings of the commission to be public 29 and preceded by notice unless the commission must discuss 30 certain enumerated matters, which must be referenced by the 31 commission’s legal counsel or designee. The commission must 32 keep detailed minutes of all meetings. 33 The compact permits the commission to prescribe rules 34 and bylaws to govern its conduct by a majority vote of the 35 -25- LSB 1139YC (1) 88 ss/rn 25/ 28
H.F. _____ delegates. The compact also grants the commission the power to 1 promulgate rules to facilitate and coordinate implementation of 2 the compact that shall have the force of law in member states 3 to bring legal proceedings in the name of the commission; to 4 lease, purchase, or sell property; and to appoint committees, 5 among other powers. To finance the commission, the commission 6 may collect an annual fee from each member state or impose fees 7 on other parties. The commission must keep an accurate account 8 of all receipts and disbursements, which shall be audited 9 yearly. 10 The compact grants qualified immunity from suit and 11 liability to the members, officers, executive director, 12 employees, and representatives of the commission for all 13 claims caused by or arising out of the execution of their 14 official duties. Any such person subject to suit shall be 15 defended and indemnified by the commission. A person who 16 acts intentionally, willfully, or wantonly is not entitled to 17 qualified immunity, defense, or indemnity. 18 The compact requires the commission to provide for the 19 development and maintenance of a coordinated database and 20 reporting system containing licensure, adverse action, 21 and significant investigatory information on all licensed 22 individuals in member states. The compact requires the 23 administrator of the database to promptly notify all member 24 states of any adverse action taken against, or significant 25 investigative information on, any individual in a member state. 26 The compact permits a member state contributing information 27 to the database to indicate that such information shall not 28 be shared with the public without the express permission of 29 the contributing state. The compact requires any information 30 that must be expunged according to the laws of the member 31 state contributing the information to also be purged from the 32 database. 33 The compact requires the commission to publish a notice of 34 proposed rulemaking at least 60 days prior to the adoption 35 -26- LSB 1139YC (1) 88 ss/rn 26/ 28
H.F. _____ of a final rule. During this time period, the commission 1 shall request comments from any interested person, which 2 the commission shall consider. The commission shall grant 3 an opportunity for a public hearing before it adopts a rule 4 or amendment if such a hearing is requested by at least 5 25 persons, a governmental subdivision or agency, or an 6 association having at least 25 members. In the event of an 7 emergency, the commission may adopt rules without prior notice. 8 Any rule promulgated by the commission shall cease to have 9 effect if the legislatures of a majority of member states enact 10 statutes rejecting the rule. 11 The compact requires the government of each member state 12 to enforce the compact and to accord to it and any rules 13 promulgated by the commission the status of statutory law. 14 The compact also requires the courts of each member state to 15 take judicial notice of the compact in proceedings pertaining 16 to the subject matter of the compact which may affect the 17 powers, responsibilities, or actions of the commission. The 18 commission shall be entitled to receive service of process in 19 any such proceeding and shall have standing to intervene in 20 such proceedings. Failure to provide service of process upon 21 the commission shall render a judgment or order void as to the 22 commission, the compact, or promulgated rules. 23 The compact requires the commission to, upon finding 24 that a member state has defaulted in its obligations or 25 responsibilities, provide written notice to all member states 26 of the nature of the default, the proposed means of curing the 27 default, and any other action to be taken by the commission. 28 The commission shall also provide remedial training and 29 specific technical assistance regarding the default. A state 30 that fails to cure its default may be terminated from the 31 compact upon an affirmative vote of a majority of member states 32 after notification has been given by the commission to the 33 governor and legislature of the defaulting state and each of 34 the member states. A defaulting state may appeal the actions 35 -27- LSB 1139YC (1) 88 ss/rn 27/ 28
H.F. _____ of the commission by petitioning the U.S. district court for 1 the District of Columbia or the federal district court where 2 the commission has its principal offices. 3 The compact requires the commission to, upon request by 4 a member state, attempt to resolve disputes related to the 5 compact among member states and between member and nonmember 6 states. 7 The compact permits the commission to, upon a majority vote 8 of the commission, initiate legal proceedings against a member 9 state in default in order to enforce the provisions of the 10 compact. 11 The compact came into effect upon its enactment into law 12 by the tenth member state. Any state joining the compact 13 subsequent to its adoption does so subject to any existing 14 rules. A member state may withdraw from the compact by 15 enacting legislation repealing the compact, provided that 16 withdrawal shall not be effective until six months after the 17 enactment of such legislation. The compact may be amended by 18 member states, provided that no amendment shall be effective 19 until it is enacted into the laws of all member states. 20 -28- LSB 1139YC (1) 88 ss/rn 28/ 28
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