{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-371.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-371.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-371.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-371.html"}],"law_id":57353,"edition_id":1,"section_id":57353,"structure_id":15042,"section_number":"32.1-371","catch_line":"Recognition of Emergency Medical Services Personnel Licensure Interstate Compact","history":"2016, cc. 75, 107.","full_text":"The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:\n\t\tSECTION 1. PURPOSE\n\t\tIn order to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:\n\n1\n\nIncrease public access to EMS personnel;2\n\nEnhance the states’ ability to protect the public’s health and safety, especially patient safety;3\n\nEncourage the cooperation of member states in the areas of EMS licensure and regulation;4\n\nSupport licensing of military members who are separating from an active duty tour and licensing of their spouses;5\n\nFacilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information;6\n\nPromote compliance with the laws governing EMS personnel practice in each member state; and7\n\nInvest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.\n\t\t\tSECTION 2. DEFINITIONS\n\t\t\tIn this compact:A\n\n“Advanced Emergency Medical Technician (AEMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.B\n\n“Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual’s license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.C\n\n“Alternative program” means a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.D\n\n“Certification” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.E\n\n“Commission” means the national administrative body of which all states that have enacted the compact are members.F\n\n“Emergency medical technician (EMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.G\n\n“Home state” means a member state where an individual is licensed to practice emergency medical services.H\n\n“License” means the authorization by a state for an individual to practice as an EMT, AEMT, or paramedic or at a level in between EMT and paramedic.I\n\n“Medical director” means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.J\n\n“Member state” means a state that has enacted this compact.K\n\n“Privilege to practice” means an individual’s authority to deliver emergency medical services in remote states as authorized under this compact.L\n\n“Paramedic” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.M\n\n“Remote state” means a member state in which an individual is not licensed.N\n\n“Restricted” means the outcome of an adverse action that limits a license or the privilege to practice.O\n\n“Rule” means a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.P\n\n“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\n\n“Significant investigatory information” means:1\n\nInvestigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or2\n\nInvestigative 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\n\n“State” means any state, commonwealth, district, or territory of the United States.S\n\n“State EMS authority” means the board, office, or other agency with the legislative mandate to license EMS personnel.\n\t\t\t\tSECTION 3. HOME STATE LICENSUREA\n\nAny member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.B\n\nAny 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\n\nA home state’s license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:1\n\nCurrently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;2\n\nHas a mechanism in place for receiving and investigating complaints about individuals;3\n\nNotifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;4\n\nNo 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; and5\n\nComplies with the rules of the Commission.\n\t\t\tSECTION 4. COMPACT PRIVILEGE TO PRACTICEA\n\nMember states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3.B\n\nTo exercise the privilege to practice under the terms and provisions of this compact, an individual must:1\n\nBe at least 18 years of age;2\n\nPossess 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; and3\n\nPractice under the supervision of a medical director.C\n\nAn 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\n\nExcept as provided in Section 4 subsection C, an individual practicing in a remote state will be subject to the remote state’s authority and laws. A remote state may, in accordance with due process and that state’s laws, restrict, suspend, or revoke an individual’s privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, it shall promptly notify the home state and the Commission.E\n\nIf an individual’s license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.F\n\nIf 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.\n\t\t\t\tSECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE\n\t\t\t\tAn individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:1\n\nThe individual originates a patient transport in a home state and transports the patient to a remote state;2\n\nThe individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;3\n\nThe individual enters a remote state to provide patient care and\/or transport within that remote state;4\n\nThe individual enters a remote state to pick up a patient and provide care and transport to a third member state;5\n\nOther conditions as determined by rules promulgated by the Commission.\n\t\t\tSECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\t\tUpon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.\n\t\t\tSECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSESA\n\nMember states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.B\n\nMember 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\n\nAll individuals functioning with a privilege to practice under this Section remain subject to the adverse actions provisions of Section 8.\n\t\t\t\tSECTION 8. ADVERSE ACTIONSA\n\nA home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state.B\n\nIf 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\n\nAll home state adverse action orders shall include a statement that the individual’s compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.2\n\nAn individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.C\n\nA 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\n\nA remote state may take adverse action on an individual’s privilege to practice within that state.E\n\nAny member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.F\n\nA home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state’s law shall control in determining the appropriate adverse action.G\n\nNothing 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.\n\t\t\t\tSECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY\n\t\t\t\tA member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:1\n\nIssue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, and\/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state’s EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and\/or evidence are located; and2\n\nIssue cease and desist orders to restrict, suspend, or revoke an individual’s privilege to practice in the state.\n\t\t\tSECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICEA\n\nThe compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.1\n\nThe Commission is a body politic and an instrumentality of the compact states.2\n\nVenue 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\n\nNothing in this compact shall be construed to be a waiver of sovereign immunity.B\n\nMembership, Voting, and Meetings.1\n\nEach member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.2\n\nEach delegate shall be entitled to one (1) 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\n\nThe Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.4\n\nAll meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12.5\n\nThe Commission may convene in a closed, nonpublic meeting if the Commission must discuss:\n\t\t\ta. Noncompliance of a member state with its obligations under the compact;\n\t\t\tb. 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;\n\t\t\tc. Current, threatened, or reasonably anticipated litigation;\n\t\t\td. Negotiation of contracts for the purchase or sale of goods, services, or real estate;\n\t\t\te. Accusing any person of a crime or formally censuring any person;\n\t\t\tf. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;\n\t\t\tg. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\n\t\t\th. Disclosure of investigatory records compiled for law-enforcement purposes;\n\t\t\ti. 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\n\t\t\tj. Matters specifically exempted from disclosure by federal or member state statute.6\n\nIf 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\n\nThe Commission shall, by a majority vote of the delegates, prescribe bylaws and\/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:1\n\nEstablishing the fiscal year of the Commission;2\n\nProviding reasonable standards and procedures:\n\t\t\ta. For the establishment and meetings of other committees; and\n\t\t\tb. Governing any general or specific delegation of any authority or function of the Commission;3\n\nProviding 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\n\nEstablishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;5\n\nProviding 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\n\nPromulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;7\n\nProviding 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\n\nPublishing its bylaws and filing a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;9\n\nMaintaining its financial records in accordance with the bylaws; and10\n\nMeeting and taking such actions as are consistent with the provisions of this compact and the bylaws.D\n\nThe Commission shall have the following powers:1\n\nTo 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\n\nTo bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;3\n\nTo purchase and maintain insurance and bonds;4\n\nTo borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;5\n\nTo 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\n\nTo 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\n\nTo lease, purchase, accept appropriate gifts or donations of, or otherwise 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\n\nTo sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;9\n\nTo establish a budget and make expenditures;10\n\nTo borrow money;11\n\nTo appoint committees, including advisory committees composed 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\n\nTo provide and receive information from, and cooperate with, law-enforcement agencies;13\n\nTo adopt and use an official seal; and14\n\nTo perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.E\n\nFinancing of the Commission.1\n\nThe Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2\n\nThe Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3\n\nThe 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\n\nThe 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\n\nThe Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.F\n\nQualified Immunity, Defense, and Indemnification.1\n\nThe 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\n\nThe 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\n\nThe 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 actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.\n\t\t\tSECTION 11. COORDINATED DATABASEA\n\nThe 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\n\nNotwithstanding 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\n\nIdentifying information;2\n\nLicensure data;3\n\nSignificant investigatory information;4\n\nAdverse actions against an individual’s license;5\n\nAn indicator that an individual’s privilege to practice is restricted, suspended, or revoked;6\n\nNonconfidential information related to alternative program participation;7\n\nAny denial of application for licensure and the reason(s) for such denial; and8\n\nOther information that may facilitate the administration of this compact, as determined by the rules of the Commission.C\n\nThe 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\n\nMember 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\n\nAny 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.\n\t\t\t\tSECTION 12. RULEMAKINGA\n\nThe 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\n\nIf 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\n\nRules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D\n\nPrior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1\n\nOn the website of the Commission; and2\n\nOn the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.E\n\nThe Notice of Proposed Rulemaking shall include:1\n\nThe proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2\n\nThe text of the proposed rule or amendment and the reason for the proposed rule;3\n\nA request for comments on the proposed rule from any interested person; and4\n\nThe manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F\n\nPrior 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\n\nThe Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1\n\nAt least twenty-five (25) persons;2\n\nA governmental subdivision or agency; or3\n\nAn association having at least twenty-five (25) members.H\n\nIf a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.1\n\nAll persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.2\n\nHearings 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\n\nNo 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\n\nNothing 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\n\nFollowing 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\n\nThe 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\n\nIf 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\n\nUpon 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 (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:1\n\nMeet an imminent threat to public health, safety, or welfare;2\n\nPrevent a loss of Commission or member state funds;3\n\nMeet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4\n\nProtect public health and safety.M\n\nThe Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.\n\t\t\t\tSECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA\n\nOversight.1\n\nThe 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\n\nAll 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\n\nThe Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this compact, or promulgated rules.B\n\nDefault, Technical Assistance, and Termination.1\n\nIf 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:\n\t\t\ta. 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\n\t\t\tb. Provide remedial training and specific technical assistance regarding the default.2\n\nIf 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\n\nTermination 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\n\nA state that has been terminated from the compact 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\n\nThe 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\n\nThe defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.C\n\nDispute Resolution.1\n\nUpon 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\n\nThe Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.D\n\nEnforcement.1\n\nThe Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.2\n\nBy 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 fees.3\n\nThe remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.\n\t\t\tSECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA\n\nThe 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\n\nAny state that joins the compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.C\n\nAny member state may withdraw from this compact by enacting a statute repealing the same.1\n\nA member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.2\n\nWithdrawal shall not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.D\n\nNothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.E\n\nThis 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.\n\t\t\t\tSECTION 15. CONSTRUCTION AND SEVERABILITY\n\t\t\t\tThis compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state 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 EMS agencies.","order_by":null,"text":{"0":{"id":210042,"text":"The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows:\n\t\tSECTION 1. PURPOSE\n\t\tIn order to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":210043,"text":"Increase public access to EMS personnel;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":210044,"text":"Enhance the states’ ability to protect the public’s health and safety, especially patient safety;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":210045,"text":"Encourage the cooperation of member states in the areas of EMS licensure and regulation;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":210046,"text":"Support licensing of military members who are separating from an active duty tour and licensing of their spouses;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":210047,"text":"Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":210048,"text":"Promote compliance with the laws governing EMS personnel practice in each member state; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":210049,"text":"Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.\n\t\t\tSECTION 2. DEFINITIONS\n\t\t\tIn this compact:","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"7A"},"8":{"id":210050,"text":"“Advanced Emergency Medical Technician (AEMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.","type":"section","prefixes":["7","A"],"prefix":"A","entire_prefix":"7A","prefix_anchor":"7A","level":2,"prior_prefix":"7","next_prefix":"7B"},"9":{"id":210051,"text":"“Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual’s license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.","type":"section","prefixes":["7","B"],"prefix":"B","entire_prefix":"7B","prefix_anchor":"7B","level":2,"prior_prefix":"7A","next_prefix":"7C"},"10":{"id":210052,"text":"“Alternative program” means a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.","type":"section","prefixes":["7","C"],"prefix":"C","entire_prefix":"7C","prefix_anchor":"7C","level":2,"prior_prefix":"7B","next_prefix":"7D"},"11":{"id":210053,"text":"“Certification” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.","type":"section","prefixes":["7","D"],"prefix":"D","entire_prefix":"7D","prefix_anchor":"7D","level":2,"prior_prefix":"7C","next_prefix":"7E"},"12":{"id":210054,"text":"“Commission” means the national administrative body of which all states that have enacted the compact are members.","type":"section","prefixes":["7","E"],"prefix":"E","entire_prefix":"7E","prefix_anchor":"7E","level":2,"prior_prefix":"7D","next_prefix":"7F"},"13":{"id":210055,"text":"“Emergency medical technician (EMT)” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.","type":"section","prefixes":["7","F"],"prefix":"F","entire_prefix":"7F","prefix_anchor":"7F","level":2,"prior_prefix":"7E","next_prefix":"7G"},"14":{"id":210056,"text":"“Home state” means a member state where an individual is licensed to practice emergency medical services.","type":"section","prefixes":["7","G"],"prefix":"G","entire_prefix":"7G","prefix_anchor":"7G","level":2,"prior_prefix":"7F","next_prefix":"7H"},"15":{"id":210057,"text":"“License” means the authorization by a state for an individual to practice as an EMT, AEMT, or paramedic or at a level in between EMT and paramedic.","type":"section","prefixes":["7","H"],"prefix":"H","entire_prefix":"7H","prefix_anchor":"7H","level":2,"prior_prefix":"7G","next_prefix":"7I"},"16":{"id":210058,"text":"“Medical director” means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.","type":"section","prefixes":["7","I"],"prefix":"I","entire_prefix":"7I","prefix_anchor":"7I","level":2,"prior_prefix":"7H","next_prefix":"7J"},"17":{"id":210059,"text":"“Member state” means a state that has enacted this compact.","type":"section","prefixes":["7","J"],"prefix":"J","entire_prefix":"7J","prefix_anchor":"7J","level":2,"prior_prefix":"7I","next_prefix":"7K"},"18":{"id":210060,"text":"“Privilege to practice” means an individual’s authority to deliver emergency medical services in remote states as authorized under this compact.","type":"section","prefixes":["7","K"],"prefix":"K","entire_prefix":"7K","prefix_anchor":"7K","level":2,"prior_prefix":"7J","next_prefix":"7L"},"19":{"id":210061,"text":"“Paramedic” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.","type":"section","prefixes":["7","L"],"prefix":"L","entire_prefix":"7L","prefix_anchor":"7L","level":2,"prior_prefix":"7K","next_prefix":"7M"},"20":{"id":210062,"text":"“Remote state” means a member state in which an individual is not licensed.","type":"section","prefixes":["7","M"],"prefix":"M","entire_prefix":"7M","prefix_anchor":"7M","level":2,"prior_prefix":"7L","next_prefix":"7N"},"21":{"id":210063,"text":"“Restricted” means the outcome of an adverse action that limits a license or the privilege to practice.","type":"section","prefixes":["7","N"],"prefix":"N","entire_prefix":"7N","prefix_anchor":"7N","level":2,"prior_prefix":"7M","next_prefix":"7O"},"22":{"id":210064,"text":"“Rule” means a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.","type":"section","prefixes":["7","O"],"prefix":"O","entire_prefix":"7O","prefix_anchor":"7O","level":2,"prior_prefix":"7N","next_prefix":"7P"},"23":{"id":210065,"text":"“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.","type":"section","prefixes":["7","P"],"prefix":"P","entire_prefix":"7P","prefix_anchor":"7P","level":2,"prior_prefix":"7O","next_prefix":"7Q"},"24":{"id":210066,"text":"“Significant investigatory information” means:","type":"section","prefixes":["7","Q"],"prefix":"Q","entire_prefix":"7Q","prefix_anchor":"7Q","level":2,"prior_prefix":"7P","next_prefix":"1"},"25":{"id":210067,"text":"Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7Q","next_prefix":"2"},"26":{"id":210068,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2R"},"27":{"id":210069,"text":"“State” means any state, commonwealth, district, or territory of the United States.","type":"section","prefixes":["2","R"],"prefix":"R","entire_prefix":"2R","prefix_anchor":"2R","level":2,"prior_prefix":"2","next_prefix":"2S"},"28":{"id":210070,"text":"“State EMS authority” means the board, office, or other agency with the legislative mandate to license EMS personnel.\n\t\t\t\tSECTION 3. HOME STATE LICENSURE","type":"section","prefixes":["2","S"],"prefix":"S","entire_prefix":"2S","prefix_anchor":"2S","level":2,"prior_prefix":"2R","next_prefix":"2A"},"29":{"id":210071,"text":"Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2S","next_prefix":"2B"},"30":{"id":210072,"text":"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.","type":"section","prefixes":["2","B"],"prefix":"B","entire_prefix":"2B","prefix_anchor":"2B","level":2,"prior_prefix":"2A","next_prefix":"2C"},"31":{"id":210073,"text":"A home state’s license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2B","next_prefix":"1"},"32":{"id":210074,"text":"Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2C","next_prefix":"2"},"33":{"id":210075,"text":"Has a mechanism in place for receiving and investigating complaints about individuals;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"34":{"id":210076,"text":"Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"35":{"id":210077,"text":"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","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"36":{"id":210078,"text":"Complies with the rules of the Commission.\n\t\t\tSECTION 4. COMPACT PRIVILEGE TO PRACTICE","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5A"},"37":{"id":210079,"text":"Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3.","type":"section","prefixes":["5","A"],"prefix":"A","entire_prefix":"5A","prefix_anchor":"5A","level":2,"prior_prefix":"5","next_prefix":"5B"},"38":{"id":210080,"text":"To exercise the privilege to practice under the terms and provisions of this compact, an individual must:","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5A","next_prefix":"1"},"39":{"id":210081,"text":"Be at least 18 years of age;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5B","next_prefix":"2"},"40":{"id":210082,"text":"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","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"41":{"id":210083,"text":"Practice under the supervision of a medical director.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3C"},"42":{"id":210084,"text":"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.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3","next_prefix":"3D"},"43":{"id":210085,"text":"Except as provided in Section 4 subsection C, an individual practicing in a remote state will be subject to the remote state’s authority and laws. A remote state may, in accordance with due process and that state’s laws, restrict, suspend, or revoke an individual’s privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, it shall promptly notify the home state and the Commission.","type":"section","prefixes":["3","D"],"prefix":"D","entire_prefix":"3D","prefix_anchor":"3D","level":2,"prior_prefix":"3C","next_prefix":"3E"},"44":{"id":210086,"text":"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.","type":"section","prefixes":["3","E"],"prefix":"E","entire_prefix":"3E","prefix_anchor":"3E","level":2,"prior_prefix":"3D","next_prefix":"3F"},"45":{"id":210087,"text":"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.\n\t\t\t\tSECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE\n\t\t\t\tAn individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:","type":"section","prefixes":["3","F"],"prefix":"F","entire_prefix":"3F","prefix_anchor":"3F","level":2,"prior_prefix":"3E","next_prefix":"1"},"46":{"id":210088,"text":"The individual originates a patient transport in a home state and transports the patient to a remote state;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3F","next_prefix":"2"},"47":{"id":210089,"text":"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;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"48":{"id":210090,"text":"The individual enters a remote state to provide patient care and\/or transport within that remote state;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"49":{"id":210091,"text":"The individual enters a remote state to pick up a patient and provide care and transport to a third member state;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"50":{"id":210092,"text":"Other conditions as determined by rules promulgated by the Commission.\n\t\t\tSECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\t\tUpon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.\n\t\t\tSECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5A"},"51":{"id":210093,"text":"Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.","type":"section","prefixes":["5","A"],"prefix":"A","entire_prefix":"5A","prefix_anchor":"5A","level":2,"prior_prefix":"5","next_prefix":"5B"},"52":{"id":210094,"text":"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.","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5A","next_prefix":"5C"},"53":{"id":210095,"text":"All individuals functioning with a privilege to practice under this Section remain subject to the adverse actions provisions of Section 8.\n\t\t\t\tSECTION 8. ADVERSE ACTIONS","type":"section","prefixes":["5","C"],"prefix":"C","entire_prefix":"5C","prefix_anchor":"5C","level":2,"prior_prefix":"5B","next_prefix":"5A"},"54":{"id":210096,"text":"A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state.","type":"section","prefixes":["5","A"],"prefix":"A","entire_prefix":"5A","prefix_anchor":"5A","level":2,"prior_prefix":"5C","next_prefix":"5B"},"55":{"id":210097,"text":"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.","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5A","next_prefix":"1"},"56":{"id":210098,"text":"All home state adverse action orders shall include a statement that the individual’s compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5B","next_prefix":"2"},"57":{"id":210099,"text":"An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2C"},"58":{"id":210100,"text":"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.","type":"section","prefixes":["2","C"],"prefix":"C","entire_prefix":"2C","prefix_anchor":"2C","level":2,"prior_prefix":"2","next_prefix":"2D"},"59":{"id":210101,"text":"A remote state may take adverse action on an individual’s privilege to practice within that state.","type":"section","prefixes":["2","D"],"prefix":"D","entire_prefix":"2D","prefix_anchor":"2D","level":2,"prior_prefix":"2C","next_prefix":"2E"},"60":{"id":210102,"text":"Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.","type":"section","prefixes":["2","E"],"prefix":"E","entire_prefix":"2E","prefix_anchor":"2E","level":2,"prior_prefix":"2D","next_prefix":"2F"},"61":{"id":210103,"text":"A home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state’s law shall control in determining the appropriate adverse action.","type":"section","prefixes":["2","F"],"prefix":"F","entire_prefix":"2F","prefix_anchor":"2F","level":2,"prior_prefix":"2E","next_prefix":"2G"},"62":{"id":210104,"text":"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.\n\t\t\t\tSECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS AUTHORITY\n\t\t\t\tA member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:","type":"section","prefixes":["2","G"],"prefix":"G","entire_prefix":"2G","prefix_anchor":"2G","level":2,"prior_prefix":"2F","next_prefix":"1"},"63":{"id":210105,"text":"Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, and\/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state’s EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and\/or evidence are located; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2G","next_prefix":"2"},"64":{"id":210106,"text":"Issue cease and desist orders to restrict, suspend, or revoke an individual’s privilege to practice in the state.\n\t\t\tSECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2A"},"65":{"id":210107,"text":"The compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2","next_prefix":"1"},"66":{"id":210108,"text":"The Commission is a body politic and an instrumentality of the compact states.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2A","next_prefix":"2"},"67":{"id":210109,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"68":{"id":210110,"text":"Nothing in this compact shall be construed to be a waiver of sovereign immunity.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3B"},"69":{"id":210111,"text":"Membership, Voting, and Meetings.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3","next_prefix":"1"},"70":{"id":210112,"text":"Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3B","next_prefix":"2"},"71":{"id":210113,"text":"Each delegate shall be entitled to one (1) 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"72":{"id":210114,"text":"The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"73":{"id":210115,"text":"All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"74":{"id":210116,"text":"The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:\n\t\t\ta. Noncompliance of a member state with its obligations under the compact;\n\t\t\tb. 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;\n\t\t\tc. Current, threatened, or reasonably anticipated litigation;\n\t\t\td. Negotiation of contracts for the purchase or sale of goods, services, or real estate;\n\t\t\te. Accusing any person of a crime or formally censuring any person;\n\t\t\tf. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;\n\t\t\tg. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\n\t\t\th. Disclosure of investigatory records compiled for law-enforcement purposes;\n\t\t\ti. 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\n\t\t\tj. Matters specifically exempted from disclosure by federal or member state statute.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"75":{"id":210117,"text":"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.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"6C"},"76":{"id":210118,"text":"The Commission shall, by a majority vote of the delegates, prescribe bylaws and\/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:","type":"section","prefixes":["6","C"],"prefix":"C","entire_prefix":"6C","prefix_anchor":"6C","level":2,"prior_prefix":"6","next_prefix":"1"},"77":{"id":210119,"text":"Establishing the fiscal year of the Commission;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"6C","next_prefix":"2"},"78":{"id":210120,"text":"Providing reasonable standards and procedures:\n\t\t\ta. For the establishment and meetings of other committees; and\n\t\t\tb. Governing any general or specific delegation of any authority or function of the Commission;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"79":{"id":210121,"text":"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;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"80":{"id":210122,"text":"Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"81":{"id":210123,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"82":{"id":210124,"text":"Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"83":{"id":210125,"text":"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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"84":{"id":210126,"text":"Publishing its bylaws and filing a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"85":{"id":210127,"text":"Maintaining its financial records in accordance with the bylaws; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"86":{"id":210128,"text":"Meeting and taking such actions as are consistent with the provisions of this compact and the bylaws.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"10D"},"87":{"id":210129,"text":"The Commission shall have the following powers:","type":"section","prefixes":["10","D"],"prefix":"D","entire_prefix":"10D","prefix_anchor":"10D","level":2,"prior_prefix":"10","next_prefix":"1"},"88":{"id":210130,"text":"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;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"10D","next_prefix":"2"},"89":{"id":210131,"text":"To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"90":{"id":210132,"text":"To purchase and maintain insurance and bonds;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"91":{"id":210133,"text":"To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"92":{"id":210134,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"93":{"id":210135,"text":"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;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"94":{"id":210136,"text":"To lease, purchase, accept appropriate gifts or donations of, or otherwise 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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"95":{"id":210137,"text":"To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"96":{"id":210138,"text":"To establish a budget and make expenditures;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"97":{"id":210139,"text":"To borrow money;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"98":{"id":210140,"text":"To appoint committees, including advisory committees composed 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;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"99":{"id":210141,"text":"To provide and receive information from, and cooperate with, law-enforcement agencies;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"100":{"id":210142,"text":"To adopt and use an official seal; and","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"101":{"id":210143,"text":"To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"14E"},"102":{"id":210144,"text":"Financing of the Commission.","type":"section","prefixes":["14","E"],"prefix":"E","entire_prefix":"14E","prefix_anchor":"14E","level":2,"prior_prefix":"14","next_prefix":"1"},"103":{"id":210145,"text":"The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"14E","next_prefix":"2"},"104":{"id":210146,"text":"The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"105":{"id":210147,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"106":{"id":210148,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"107":{"id":210149,"text":"The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5F"},"108":{"id":210150,"text":"Qualified Immunity, Defense, and Indemnification.","type":"section","prefixes":["5","F"],"prefix":"F","entire_prefix":"5F","prefix_anchor":"5F","level":2,"prior_prefix":"5","next_prefix":"1"},"109":{"id":210151,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5F","next_prefix":"2"},"110":{"id":210152,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"111":{"id":210153,"text":"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 actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.\n\t\t\tSECTION 11. COORDINATED DATABASE","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3A"},"112":{"id":210154,"text":"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.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3","next_prefix":"3B"},"113":{"id":210155,"text":"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:","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"1"},"114":{"id":210156,"text":"Identifying information;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3B","next_prefix":"2"},"115":{"id":210157,"text":"Licensure data;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"116":{"id":210158,"text":"Significant investigatory information;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"117":{"id":210159,"text":"Adverse actions against an individual’s license;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"118":{"id":210160,"text":"An indicator that an individual’s privilege to practice is restricted, suspended, or revoked;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"119":{"id":210161,"text":"Nonconfidential information related to alternative program participation;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"120":{"id":210162,"text":"Any denial of application for licensure and the reason(s) for such denial; and","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"121":{"id":210163,"text":"Other information that may facilitate the administration of this compact, as determined by the rules of the Commission.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"8C"},"122":{"id":210164,"text":"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.","type":"section","prefixes":["8","C"],"prefix":"C","entire_prefix":"8C","prefix_anchor":"8C","level":2,"prior_prefix":"8","next_prefix":"8D"},"123":{"id":210165,"text":"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.","type":"section","prefixes":["8","D"],"prefix":"D","entire_prefix":"8D","prefix_anchor":"8D","level":2,"prior_prefix":"8C","next_prefix":"8E"},"124":{"id":210166,"text":"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.\n\t\t\t\tSECTION 12. RULEMAKING","type":"section","prefixes":["8","E"],"prefix":"E","entire_prefix":"8E","prefix_anchor":"8E","level":2,"prior_prefix":"8D","next_prefix":"8A"},"125":{"id":210167,"text":"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.","type":"section","prefixes":["8","A"],"prefix":"A","entire_prefix":"8A","prefix_anchor":"8A","level":2,"prior_prefix":"8E","next_prefix":"8B"},"126":{"id":210168,"text":"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.","type":"section","prefixes":["8","B"],"prefix":"B","entire_prefix":"8B","prefix_anchor":"8B","level":2,"prior_prefix":"8A","next_prefix":"8C"},"127":{"id":210169,"text":"Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.","type":"section","prefixes":["8","C"],"prefix":"C","entire_prefix":"8C","prefix_anchor":"8C","level":2,"prior_prefix":"8B","next_prefix":"8D"},"128":{"id":210170,"text":"Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:","type":"section","prefixes":["8","D"],"prefix":"D","entire_prefix":"8D","prefix_anchor":"8D","level":2,"prior_prefix":"8C","next_prefix":"1"},"129":{"id":210171,"text":"On the website of the Commission; and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"8D","next_prefix":"2"},"130":{"id":210172,"text":"On the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2E"},"131":{"id":210173,"text":"The Notice of Proposed Rulemaking shall include:","type":"section","prefixes":["2","E"],"prefix":"E","entire_prefix":"2E","prefix_anchor":"2E","level":2,"prior_prefix":"2","next_prefix":"1"},"132":{"id":210174,"text":"The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2E","next_prefix":"2"},"133":{"id":210175,"text":"The text of the proposed rule or amendment and the reason for the proposed rule;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"134":{"id":210176,"text":"A request for comments on the proposed rule from any interested person; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"135":{"id":210177,"text":"The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4F"},"136":{"id":210178,"text":"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.","type":"section","prefixes":["4","F"],"prefix":"F","entire_prefix":"4F","prefix_anchor":"4F","level":2,"prior_prefix":"4","next_prefix":"4G"},"137":{"id":210179,"text":"The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:","type":"section","prefixes":["4","G"],"prefix":"G","entire_prefix":"4G","prefix_anchor":"4G","level":2,"prior_prefix":"4F","next_prefix":"1"},"138":{"id":210180,"text":"At least twenty-five (25) persons;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4G","next_prefix":"2"},"139":{"id":210181,"text":"A governmental subdivision or agency; or","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"140":{"id":210182,"text":"An association having at least twenty-five (25) members.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3H"},"141":{"id":210183,"text":"If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.","type":"section","prefixes":["3","H"],"prefix":"H","entire_prefix":"3H","prefix_anchor":"3H","level":2,"prior_prefix":"3","next_prefix":"1"},"142":{"id":210184,"text":"All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3H","next_prefix":"2"},"143":{"id":210185,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"144":{"id":210186,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"145":{"id":210187,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4I"},"146":{"id":210188,"text":"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.","type":"section","prefixes":["4","I"],"prefix":"I","entire_prefix":"4I","prefix_anchor":"4I","level":2,"prior_prefix":"4","next_prefix":"4J"},"147":{"id":210189,"text":"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.","type":"section","prefixes":["4","J"],"prefix":"J","entire_prefix":"4J","prefix_anchor":"4J","level":2,"prior_prefix":"4I","next_prefix":"4K"},"148":{"id":210190,"text":"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.","type":"section","prefixes":["4","K"],"prefix":"K","entire_prefix":"4K","prefix_anchor":"4K","level":2,"prior_prefix":"4J","next_prefix":"4L"},"149":{"id":210191,"text":"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 (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:","type":"section","prefixes":["4","L"],"prefix":"L","entire_prefix":"4L","prefix_anchor":"4L","level":2,"prior_prefix":"4K","next_prefix":"1"},"150":{"id":210192,"text":"Meet an imminent threat to public health, safety, or welfare;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4L","next_prefix":"2"},"151":{"id":210193,"text":"Prevent a loss of Commission or member state funds;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"152":{"id":210194,"text":"Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"153":{"id":210195,"text":"Protect public health and safety.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"4M"},"154":{"id":210196,"text":"The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.\n\t\t\t\tSECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT","type":"section","prefixes":["4","M"],"prefix":"M","entire_prefix":"4M","prefix_anchor":"4M","level":2,"prior_prefix":"4","next_prefix":"4A"},"155":{"id":210197,"text":"Oversight.","type":"section","prefixes":["4","A"],"prefix":"A","entire_prefix":"4A","prefix_anchor":"4A","level":2,"prior_prefix":"4M","next_prefix":"1"},"156":{"id":210198,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4A","next_prefix":"2"},"157":{"id":210199,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"158":{"id":210200,"text":"The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this compact, or promulgated rules.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3B"},"159":{"id":210201,"text":"Default, Technical Assistance, and Termination.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3","next_prefix":"1"},"160":{"id":210202,"text":"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:\n\t\t\ta. 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\n\t\t\tb. Provide remedial training and specific technical assistance regarding the default.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3B","next_prefix":"2"},"161":{"id":210203,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"162":{"id":210204,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"163":{"id":210205,"text":"A state that has been terminated from the compact 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"164":{"id":210206,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"165":{"id":210207,"text":"The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"6C"},"166":{"id":210208,"text":"Dispute Resolution.","type":"section","prefixes":["6","C"],"prefix":"C","entire_prefix":"6C","prefix_anchor":"6C","level":2,"prior_prefix":"6","next_prefix":"1"},"167":{"id":210209,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"6C","next_prefix":"2"},"168":{"id":210210,"text":"The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2D"},"169":{"id":210211,"text":"Enforcement.","type":"section","prefixes":["2","D"],"prefix":"D","entire_prefix":"2D","prefix_anchor":"2D","level":2,"prior_prefix":"2","next_prefix":"1"},"170":{"id":210212,"text":"The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2D","next_prefix":"2"},"171":{"id":210213,"text":"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 fees.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"172":{"id":210214,"text":"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.\n\t\t\tSECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3A"},"173":{"id":210215,"text":"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.","type":"section","prefixes":["3","A"],"prefix":"A","entire_prefix":"3A","prefix_anchor":"3A","level":2,"prior_prefix":"3","next_prefix":"3B"},"174":{"id":210216,"text":"Any state that joins the compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.","type":"section","prefixes":["3","B"],"prefix":"B","entire_prefix":"3B","prefix_anchor":"3B","level":2,"prior_prefix":"3A","next_prefix":"3C"},"175":{"id":210217,"text":"Any member state may withdraw from this compact by enacting a statute repealing the same.","type":"section","prefixes":["3","C"],"prefix":"C","entire_prefix":"3C","prefix_anchor":"3C","level":2,"prior_prefix":"3B","next_prefix":"1"},"176":{"id":210218,"text":"A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"3C","next_prefix":"2"},"177":{"id":210219,"text":"Withdrawal shall not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2D"},"178":{"id":210220,"text":"Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.","type":"section","prefixes":["2","D"],"prefix":"D","entire_prefix":"2D","prefix_anchor":"2D","level":2,"prior_prefix":"2","next_prefix":"2E"},"179":{"id":210221,"text":"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.\n\t\t\t\tSECTION 15. CONSTRUCTION AND SEVERABILITY\n\t\t\t\tThis compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state 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 EMS agencies.","type":"section","prefixes":["2","E"],"prefix":"E","entire_prefix":"2E","prefix_anchor":"2E","level":2,"prior_prefix":"2D"}},"ancestry":[{"id":15042,"edition_id":1,"name":"Recognition of Ems Personnel Licensure Interstate Compact","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:51:43","date_modified":"2026-06-26 03:51:43","permalink":{"id":201731,"object_type":"structure","relational_id":15042,"identifier":"18","token":"32.1\/18","url":"\/32.1\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57353,"structure_id":15042,"section_number":"32.1-371","catch_line":"Recognition of Emergency Medical Services Personnel Licensure Interstate Compact","url":"\/32.1-371\/","token":"32.1\/18\/32.1-371","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-371\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 75<\/a> and 107<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":81022,"section_number":"32.1-111.9:1","catch_line":"Out-of-state emergency medical services providers","order_by":null,"url":"\/32.1-111.9_1\/"}],"refers_to":false,"permalink":{"id":201733,"object_type":"law","relational_id":57353,"identifier":"32.1-371","token":"32.1\/18\/32.1-371","url":"\/32.1-371\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-371\/","token":"32.1\/18\/32.1-371","dublin_core":{"Title":"Recognition of Emergency Medical Services Personnel Licensure Interstate Compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-371","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted into law<\/span> and entered into with all jurisdictions<\/span> legally joining therein in the form substantially as follows:\n\t\tSECTION 1. PURPOSE\n\t\tIn order<\/span> to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license<\/span> emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics<\/span>. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state<\/span>. This compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states<\/span> will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Increase public access to EMS personnel; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Enhance the states’ ability to protect the public’s health and safety, especially patient safety; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Encourage the cooperation of member states<\/span> in the areas of EMS licensure and regulation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Support licensing of military members who are separating from an active duty tour and licensing of their spouses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Facilitate the exchange of information between member states<\/span> regarding EMS personnel licensure, adverse action<\/span>, and significant investigatory information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Promote compliance with the laws<\/span> governing EMS personnel practice in each member state<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Invest all member states<\/span> with the authority to hold EMS personnel accountable through the mutual recognition of member state<\/span> licenses<\/span>.\n\t\t\tSECTION 2. DEFINITIONS\n\t\t\tIn this compact: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> “Advanced Emergency Medical Technician (AEMT)” means an individual licensed with cognitive knowledge and a scope of practice<\/span> that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice<\/span> Model. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> “Adverse action<\/span>” means any administrative, civil, equitable<\/span>, or criminal action permitted by a state’s laws<\/span> which may be imposed against licensed EMS personnel by a state EMS authority<\/span> or state court<\/span>, including, but not limited to, actions against an individual’s license<\/span> such as revocation<\/span>, suspension, probation<\/span>, consent agreement, monitoring or other limitation or encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal convictions<\/span>, and state court<\/span> judgments<\/span> enforcing adverse actions<\/span> by the state EMS authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> “Alternative program<\/span>” means a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> “Certification<\/span>” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> “Commission<\/span>” means the national administrative body of which all states that have enacted the compact are members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> “Emergency medical technician (EMT)” means an individual licensed with cognitive knowledge and a scope of practice<\/span> that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice<\/span> Model. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> “Home state<\/span>” means a member state<\/span> where an individual is licensed to practice emergency medical services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> “License<\/span>” means the authorization by a state for an individual to practice as an EMT, AEMT, or paramedic<\/span> or at a level in between EMT and paramedic<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> “Medical director<\/span>” means a physician licensed in a member state<\/span> who is accountable for the care delivered by EMS personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> “Member state<\/span>” means a state that has enacted this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> “Privilege to practice<\/span>” means an individual’s authority to deliver emergency medical services in remote states<\/span> as authorized under this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> “Paramedic<\/span>” means an individual licensed with cognitive knowledge and a scope of practice<\/span> that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice<\/span> Model. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> “Remote state<\/span>” means a member state<\/span> in which an individual is not licensed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> “Restricted<\/span>” means the outcome of an adverse action<\/span> that limits a license<\/span> or the privilege to practice<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> “Rule<\/span>” means a written statement by the interstate Commission<\/span> promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission<\/span> and has the force and effect of statutory law<\/span> in a member state<\/span> and includes the amendment, repeal, or suspension of an existing rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> “Scope of practice<\/span>” means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule<\/span>, statute<\/span>, or court<\/span> decision, it tends to represent the limits of services an individual may perform. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> “Significant investigatory information” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Investigative information that a state EMS authority<\/span>, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law<\/span>, has reason to believe, if proved true, would result in the imposition of an adverse action<\/span> on a license<\/span> or privilege to practice<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> “State” means any state, commonwealth, district, or territory of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

S.<\/span> “State EMS authority<\/span>” means the board<\/span>, office, or other agency with the legislative mandate<\/span> to license<\/span> EMS personnel.\n\t\t\t\tSECTION 3. HOME STATE<\/span> LICENSURE <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Any member state<\/span> in which an individual holds a current license<\/span> shall be deemed a home state<\/span> for purposes of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any member state<\/span> may require an individual to obtain and retain a license<\/span> to be authorized to practice in the member state<\/span> under circumstances not authorized by the privilege to practice<\/span> under the terms of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A home state<\/span>’s license<\/span> authorizes an individual to practice in a remote state<\/span> under the privilege to practice<\/span> only if the home state<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses<\/span> at the EMT and paramedic<\/span> levels; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has a mechanism in place for receiving and investigating complaints about individuals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notifies the Commission<\/span>, in compliance with the terms herein, of any adverse action<\/span> or significant investigatory information regarding an individual; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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<\/span> of the Commission<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Complies with the rules<\/span> of the Commission<\/span>.\n\t\t\tSECTION 4. COMPACT PRIVILEGE TO PRACTICE<\/span> <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Member states<\/span> shall recognize the privilege to practice<\/span> of an individual licensed in another member state<\/span> that is in conformance with Section 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To exercise the privilege to practice<\/span> under the terms and provisions of this compact, an individual must: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be at least 18 years of age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Possess a current unrestricted license<\/span> in a member state<\/span> as an EMT, AEMT, paramedic<\/span>, or state recognized and licensed level with a scope of practice<\/span> and authority between EMT and paramedic<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Practice under the supervision of a medical director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An individual providing patient care in a remote state<\/span> under the privilege to practice<\/span> shall function within the scope of practice<\/span> authorized by the home state<\/span> unless and until modified by an appropriate authority in the remote state<\/span> as may be defined in the rules<\/span> of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in Section 4 subsection C, an individual practicing in a remote state<\/span> will be subject to the remote state<\/span>’s authority and laws<\/span>. A remote state<\/span> may, in accordance with due process<\/span> and that state’s laws<\/span>, restrict, suspend, or revoke an individual’s privilege to practice<\/span> in the remote state<\/span> and may take any other necessary actions to protect the health and safety of its citizens. If a remote state<\/span> takes action, it shall promptly notify the home state<\/span> and the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If an individual’s license<\/span> in any home state<\/span> is restricted<\/span> or suspended, the individual shall not be eligible to practice in a remote state<\/span> under the privilege to practice<\/span> until the individual’s home state<\/span> license<\/span> is restored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If an individual’s privilege to practice<\/span> in any remote state<\/span> is restricted<\/span>, suspended, or revoked, the individual shall not be eligible to practice in any remote state<\/span> until the individual’s privilege to practice<\/span> is restored.\n\t\t\t\tSECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE<\/span>\n\t\t\t\tAn individual may practice in a remote state<\/span> under a privilege to practice<\/span> only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules<\/span> of the Commission<\/span>, and under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The individual originates a patient transport in a home state<\/span> and transports the patient to a remote state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The individual originates in the home state<\/span> and enters a remote state<\/span> to pick up a patient and provide care and transport of the patient to the home state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The individual enters a remote state<\/span> to provide patient care and\/or transport within that remote state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The individual enters a remote state<\/span> to pick up a patient and provide care and transport to a third member state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Other conditions as determined by rules<\/span> promulgated by the Commission<\/span>.\n\t\t\tSECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\t\tUpon a member state<\/span>’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state<\/span> in response to such declaration.\n\t\t\tSECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Member states<\/span> shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification<\/span> at or above the level of the state license<\/span> being sought as satisfying the minimum training and examination requirements for such licensure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Member states<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All individuals functioning with a privilege to practice<\/span> under this Section remain subject to the adverse actions<\/span> provisions of Section 8.\n\t\t\t\tSECTION 8. ADVERSE ACTIONS<\/span> <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> A home state<\/span> shall have exclusive power to impose adverse action<\/span> against an individual’s license<\/span> issued by the home state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If an individual’s license<\/span> in any home state<\/span> is restricted<\/span> or suspended, the individual shall not be eligible to practice in a remote state<\/span> under the privilege to practice<\/span> until the individual’s home state<\/span> license<\/span> is restored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All home state<\/span> adverse action<\/span> orders<\/span> shall include a statement that the individual’s compact privileges<\/span> are inactive. The order<\/span> may allow the individual to practice in remote states<\/span> with prior written authorization from both the home state<\/span> and remote state<\/span>’s EMS authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An individual currently subject to adverse action<\/span> in the home state<\/span> shall not practice in any remote state<\/span> without prior written authorization from both the home state<\/span> and remote state<\/span>’s EMS authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A member state<\/span> shall report adverse actions<\/span> and any occurrences that the individual’s compact privileges<\/span> are restricted<\/span>, suspended, or revoked to the Commission<\/span> in accordance with the rules<\/span> of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A remote state<\/span> may take adverse action<\/span> on an individual’s privilege to practice<\/span> within that state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any member state<\/span> may take adverse action<\/span> against an individual’s privilege to practice<\/span> in that state based on the factual findings<\/span> of another member state<\/span>, so long as each state follows its own procedures for imposing such adverse action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A home state<\/span>’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state<\/span> as it would if such conduct had occurred within the home state<\/span>. In such cases, the home state<\/span>’s law<\/span> shall control in determining the appropriate adverse action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this compact shall override a member state<\/span>’s decision that participation in an alternative program<\/span> may be used in lieu of adverse action<\/span> and that such participation shall remain nonpublic if required by the member state<\/span>’s laws<\/span>. Member states<\/span> must require individuals who enter any alternative programs<\/span> to agree not to practice in any other member state<\/span> during the term of the alternative program<\/span> without prior authorization from such other member state<\/span>.\n\t\t\t\tSECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE<\/span>’S EMS AUTHORITY\n\t\t\t\tA member state<\/span>’s EMS authority, in addition to any other powers granted under state law<\/span>, is authorized under this compact to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Issue<\/span> subpoenas<\/span> for both hearings<\/span> and investigations that require the attendance and testimony<\/span> of witnesses and the production of evidence<\/span>. Subpoenas<\/span> issued by a member state<\/span>’s EMS authority for the attendance and testimony<\/span> of witnesses, and\/or the production of evidence<\/span> from another member state<\/span>, shall be enforced in the remote state<\/span> by any court<\/span> of competent jurisdiction<\/span>, according to that court<\/span>’s practice and procedure in considering subpoenas<\/span> issued in its own proceedings. The issuing state’s EMS authority shall pay any witness<\/span> fees, travel expenses, mileage, and other fees required by the service statutes<\/span> of the state where the witnesses and\/or evidence<\/span> are located; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Issue<\/span> cease and desist orders<\/span> to restrict, suspend, or revoke an individual’s privilege to practice<\/span> in the state.\n\t\t\tSECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION<\/span> FOR EMS PERSONNEL PRACTICE <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The compact states hereby create and establish a joint public agency known as the Interstate Commission<\/span> for EMS Personnel Practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission<\/span> is a body politic and an instrumentality of the compact states. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Venue<\/span> is proper and judicial proceedings by or against the Commission<\/span> shall be brought solely and exclusively in a court<\/span> of competent jurisdiction<\/span> where the principal office of the Commission<\/span> is located. The Commission<\/span> may waive<\/span> venue<\/span> and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution<\/span> proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Nothing in this compact shall be construed to be a waiver<\/span> of sovereign immunity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Membership, Voting, and Meetings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each member state<\/span> shall have and be limited to one (1) delegate. The responsible official of the state EMS authority<\/span> or his designee shall be the delegate to this compact for each member state<\/span>. Any delegate may be removed or suspended from office as provided by the law<\/span> of the state from which the delegate is appointed. Any vacancy occurring in the Commission<\/span> shall be filled in accordance with the laws<\/span> of the member state<\/span> in which the vacancy exists. In the event that more than one board<\/span>, office, or other agency with the legislative mandate<\/span> to license<\/span> EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules<\/span> and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission<\/span>. A delegate shall vote in person<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> may convene in a closed, nonpublic meeting if the Commission<\/span> must discuss:\n\t\t\ta. Noncompliance of a member state<\/span> with its obligations under the compact;\n\t\t\tb. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission<\/span>’s internal personnel practices and procedures;\n\t\t\tc. Current, threatened, or reasonably anticipated litigation<\/span>;\n\t\t\td. Negotiation of contracts<\/span> for the purchase or sale of goods, services, or real estate;\n\t\t\te. Accusing any person<\/span> of a crime<\/span> or formally censuring any person<\/span>;\n\t\t\tf. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;\n\t\t\tg. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\n\t\t\th. Disclosure of investigatory records compiled for law<\/span>-enforcement purposes;\n\t\t\ti. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission<\/span> or other committee charged with responsibility of investigation or determination of compliance issues<\/span> pursuant to the compact; or\n\t\t\tj. Matters specifically exempted from disclosure by federal or member state<\/span> statute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission<\/span>’s legal counsel<\/span> or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission<\/span> 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<\/span> or order<\/span> of a court<\/span> of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall, by a majority vote of the delegates, prescribe bylaws and\/or rules<\/span> to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Establishing the fiscal year of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Providing reasonable standards and procedures:\n\t\t\ta. For the establishment and meetings of other committees; and\n\t\t\tb. Governing any general or specific delegation of any authority or function of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Providing reasonable procedures for calling and conducting meetings of the Commission<\/span>, 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<\/span> 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<\/span> must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission<\/span>. Notwithstanding any civil service or other similar laws<\/span> of any member state<\/span>, the bylaws shall exclusively govern the personnel policies and programs of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Promulgating a code of ethics to address permissible and prohibited activities of Commission<\/span> members and employees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Providing a mechanism for winding up the operations of the Commission<\/span> and the equitable<\/span> disposition<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Publishing its bylaws and filing a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states<\/span>, if any; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Maintaining its financial records in accordance with the bylaws; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Meeting and taking such actions as are consistent with the provisions of this compact and the bylaws. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> shall have the following powers: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To promulgate uniform rules<\/span> to facilitate and coordinate implementation and administration of this compact. The rules<\/span> shall have the force and effect of law<\/span> and shall be binding in all member states<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To bring and prosecute<\/span> legal proceedings or actions in the name of the Commission<\/span>, provided that the standing of any state EMS authority<\/span> or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law<\/span> shall not be affected; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To purchase and maintain insurance and bonds<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To borrow, accept, or contract<\/span> for services of personnel, including, but not limited to, employees of a member state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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<\/span>’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To accept any and all appropriate donations and grants of money, equipment, supplies, materials<\/span>, and services and to receive, utilize, and dispose of the same, provided that at all times the Commission<\/span> shall strive to avoid any appearance<\/span> of impropriety and\/or conflict of interest<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed, provided that at all times the Commission<\/span> shall strive to avoid any appearance<\/span> of impropriety; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To establish a budget and make expenditures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To borrow money; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To appoint committees, including advisory committees composed of members, state regulators, state legislators or their representatives, and consumer representatives and such other interested persons<\/span> as may be designated in this compact and the bylaws; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To provide and receive information from, and cooperate with, law<\/span>-enforcement agencies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To adopt and use an official seal; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Financing of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission<\/span> shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission<\/span> may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials<\/span>, and services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> may levy<\/span> on and collect an annual assessment from each member state<\/span> or impose fees on other parties to cover the cost of the operations and activities of the Commission<\/span> 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<\/span>, which shall promulgate a rule<\/span> binding upon all member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission<\/span> shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission<\/span> pledge the credit of any of the member states<\/span>, except by and with the authority of the member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission<\/span> shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission<\/span> shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Qualified Immunity, Defense, and Indemnification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The members, officers, executive director, employees, and representatives of the Commission<\/span> 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<\/span> against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission<\/span> employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person<\/span> from suit and\/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission<\/span> shall defend any member, officer, executive director, employee, or representative of the Commission<\/span> in any civil action<\/span> seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission<\/span> employment, duties, or responsibilities or that the person<\/span> against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission<\/span> employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person<\/span> from retaining his or her own counsel<\/span>, and provided further that the actual or alleged act, error, or omission did not result from that person<\/span>’s intentional or willful or wanton misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission<\/span> for the amount of any settlement<\/span> or judgment<\/span> obtained against that person<\/span> arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission<\/span> employment, duties, or responsibilities or that such person<\/span> had a reasonable basis for believing occurred within the scope of Commission<\/span> employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person<\/span>.\n\t\t\tSECTION 11. COORDINATED DATABASE <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action<\/span>, and significant investigatory information on all licensed individuals in member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of state law<\/span> to the contrary, a member state<\/span> shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules<\/span> of the Commission<\/span>, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Identifying information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Licensure data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Significant investigatory information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Adverse actions<\/span> against an individual’s license<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An indicator that an individual’s privilege to practice<\/span> is restricted<\/span>, suspended, or revoked; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Nonconfidential information related to alternative program<\/span> participation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any denial of application for licensure and the reason(s) for such denial; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Other information that may facilitate the administration of this compact, as determined by the rules<\/span> of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The coordinated database administrator shall promptly notify all member states<\/span> of any adverse action<\/span> taken against, or significant investigative information on, any individual in a member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Member states<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any information submitted to the coordinated database that is subsequently required to be expunged by the laws<\/span> of the member state<\/span> contributing the information shall be removed from the coordinated database.\n\t\t\t\tSECTION 12. RULEMAKING <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules<\/span> adopted thereunder. Rules<\/span> and amendments shall become binding as of the date specified in each rule<\/span> or amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a majority of the legislatures of the member states<\/span> rejects a rule<\/span>, by enactment of a statute<\/span> or resolution in the same manner used to adopt the compact, then such rule<\/span> shall have no further force and effect in any member state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Rules<\/span> or amendments to the rules<\/span> shall be adopted at a regular or special meeting of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to promulgation and adoption of a final rule<\/span> or rules<\/span> by the Commission<\/span>, and at least sixty (60) days in advance of the meeting at which the rule<\/span> will be considered and voted upon, the Commission<\/span> shall file a Notice of Proposed Rulemaking: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On the website of the Commission<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> On the website of each member state EMS authority<\/span> or the publication in which each state would otherwise publish proposed rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Notice of Proposed Rulemaking shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The proposed time, date, and location of the meeting in which the rule<\/span> will be considered and voted upon; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The text of the proposed rule<\/span> or amendment and the reason for the proposed rule<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A request for comments on the proposed rule<\/span> from any interested person<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The manner in which interested persons<\/span> may submit notice to the Commission<\/span> of their intention to attend the public hearing<\/span> and any written comments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Prior to adoption of a proposed rule<\/span>, the Commission<\/span> shall allow persons<\/span> to submit written data, facts<\/span>, opinions<\/span>, and arguments, which shall be made available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commission<\/span> shall grant an opportunity for a public hearing<\/span> before it adopts a rule<\/span> or amendment if a hearing<\/span> is requested by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> At least twenty-five (25) persons<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A governmental subdivision or agency; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An association having at least twenty-five (25) members. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If a hearing<\/span> is held on the proposed rule<\/span> or amendment, the Commission<\/span> shall publish the place, time, and date of the scheduled public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All persons<\/span> wishing to be heard at the hearing<\/span> shall notify the executive director of the Commission<\/span> or other designated member in writing of their desire to appear and testify at the hearing<\/span> not less than five (5) business days before the scheduled date of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hearings<\/span> shall be conducted in a manner providing each person<\/span> who wishes to comment a fair and reasonable opportunity to comment orally or in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No transcript<\/span> of the hearing<\/span> is required, unless a written request for a transcript<\/span> is made, in which case the person<\/span> requesting the transcript<\/span> shall bear the cost of producing the transcript<\/span>. A recording may be made in lieu of a transcript<\/span> under the same terms and conditions as a transcript<\/span>. This subsection shall not preclude the Commission<\/span> from making a transcript<\/span> or recording of the hearing<\/span> if it so chooses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Nothing in this section shall be construed as requiring a separate hearing<\/span> on each rule<\/span>. Rules<\/span> may be grouped for the convenience of the Commission<\/span> at hearings<\/span> required by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Following the scheduled hearing<\/span> date, or by the close of business on the scheduled hearing<\/span> date if the hearing<\/span> was not held, the Commission<\/span> shall consider all written and oral comments received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Commission<\/span> shall, by majority vote of all members, take final action on the proposed rule<\/span> and shall determine the effective date of the rule<\/span>, if any, based on the rulemaking record and the full text of the rule<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> If no written notice of intent<\/span> to attend the public hearing<\/span> by interested parties is received, the Commission<\/span> may proceed with promulgation of the proposed rule<\/span> without a public hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Upon determination that an emergency exists, the Commission<\/span> may consider and adopt an emergency rule<\/span> without prior notice, opportunity for comment, or hearing<\/span>, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule<\/span> as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule<\/span>. For the purposes of this provision, an emergency rule<\/span> is one that must be adopted immediately in order<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Meet an imminent threat to public health, safety, or welfare; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prevent a loss of Commission<\/span> or member state<\/span> funds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Meet a deadline for the promulgation of an administrative rule<\/span> that is established by federal law<\/span> or rule<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Protect public health and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The Commission<\/span> or an authorized committee of the Commission<\/span> may direct revisions to a previously adopted rule<\/span> 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<\/span>. The revision shall be subject to challenge by any person<\/span> for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material<\/span> change to a rule<\/span>. A challenge shall be made in writing and delivered to the chair of the Commission<\/span> 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<\/span>.\n\t\t\t\tSECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Oversight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The executive, legislative, and judicial branches of state government in each member state<\/span> shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent<\/span>. The provisions of this compact and the rules<\/span> promulgated hereunder shall have standing as statutory law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All courts<\/span> shall take judicial notice of the compact and the rules<\/span> in any judicial or administrative proceeding in a member state<\/span> pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> shall be entitled to receive service of process<\/span> in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process<\/span> to the Commission<\/span> shall render a judgment<\/span> or order<\/span> void as to the Commission<\/span>, this compact, or promulgated rules<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Default<\/span>, Technical Assistance, and Termination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the Commission<\/span> determines that a member state<\/span> has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules<\/span>, the Commission<\/span> shall:\n\t\t\ta. Provide written notice to the defaulting state and other member states<\/span> of the nature of the default<\/span>, the proposed means of curing the default<\/span>, and\/or any other action to be taken by the Commission<\/span>; and\n\t\t\tb. Provide remedial training and specific technical assistance regarding the default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a state in default<\/span> fails to cure the default<\/span>, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states<\/span>, and all rights, privileges<\/span>, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default<\/span> does not relieve the offending state of obligations or liabilities incurred during the period of default<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent<\/span> to suspend or terminate shall be given by the Commission<\/span> to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A state that has been terminated from the compact 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> shall not bear any costs related to a state that is found to be in default<\/span> or that has been terminated from the compact, unless agreed upon in writing between the Commission<\/span> and the defaulting state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The defaulting state may appeal<\/span> the action of the Commission<\/span> by petitioning the U.S. District Court<\/span> for the District of Columbia or the federal district where the Commission<\/span> has its principal offices. The prevailing member shall be awarded all costs of such litigation<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Dispute Resolution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upon request by a member state<\/span>, the Commission<\/span> shall attempt to resolve disputes related to the compact that arise among member states<\/span> and between member and nonmember states. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commission<\/span> shall promulgate a rule<\/span> providing for both mediation and binding dispute resolution for disputes as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Enforcement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commission<\/span>, in the reasonable exercise of its discretion, shall enforce the provisions and rules<\/span> of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By majority vote, the Commission<\/span> may initiate legal action in the United States District Court<\/span> for the District of Columbia or the federal district where the Commission<\/span> has its principal offices against a member state<\/span> in default<\/span> to enforce compliance with the provisions of the compact and its promulgated rules<\/span> and bylaws. The relief sought may include both injunctive relief and damages<\/span>. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation<\/span>, including reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The remedies herein shall not be the exclusive remedies of the Commission<\/span>. The Commission<\/span> may pursue any other remedies available under federal or state law<\/span>.\n\t\t\tSECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION<\/span> FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES<\/span>, WITHDRAWAL, AND AMENDMENT <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The compact shall come into effect on the date on which the compact statute<\/span> is enacted into law<\/span> in the tenth member state<\/span>. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission<\/span> relating to assembly and the promulgation of rules<\/span>. Thereafter, the Commission<\/span> shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any state that joins the compact subsequent to the Commission<\/span>’s initial adoption of the rules<\/span> shall be subject to the rules<\/span> as they exist on the date on which the compact becomes law<\/span> in that state. Any rule<\/span> that has been previously adopted by the Commission<\/span> shall have the full force and effect of law<\/span> on the day the compact becomes law<\/span> in that state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any member state<\/span> may withdraw from this compact by enacting a statute<\/span> repealing the same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A member state<\/span>’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Withdrawal shall not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action<\/span> reporting requirements of this act prior to the effective date of withdrawal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state<\/span> and a nonmember state that does not conflict with the provisions of this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This compact may be amended by the member states<\/span>. No amendment to this compact shall become effective and binding upon any member state<\/span> until it is enacted into the laws<\/span> of all member states<\/span>.\n\t\t\t\tSECTION 15. CONSTRUCTION AND SEVERABILITY\n\t\t\t\tThis compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state<\/span> thereto, the compact shall remain in full force and effect as to the remaining member states<\/span>. Nothing in this compact supersedes state law<\/span> or rules<\/span> related to licensure of EMS agencies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT\n(\u00a7 32.1-371)\n\nThe Recognition of Emergency Medical Services Personnel Licensure Interstate\nCompact is hereby enacted into law and entered into with all jurisdictions\nlegally joining therein in the form substantially as follows:\n\t\tSECTION 1. PURPOSE\n\t\tIn order to protect the public through verification of competency and ensure\naccountability for patient-care-related activities, all states license emergency\nmedical services (EMS) personnel, such as emergency medical technicians (EMTs),\nadvanced EMTs, and paramedics. This compact is intended to facilitate the\nday-to-day movement of EMS personnel across state boundaries in the performance\nof their EMS duties as assigned by an appropriate authority and authorize state\nEMS offices to afford immediate legal recognition to EMS personnel licensed in a\nmember state. This compact recognizes that states have a vested interest in\nprotecting the public’s health and safety through their licensing and\nregulation of EMS personnel and that such state regulation shared among the\nmember states will best protect public health and safety. This compact is\ndesigned to achieve the following purposes and objectives:\n\n1. Increase public access to EMS personnel;\n\n2. Enhance the states’ ability to protect the public’s health and\nsafety, especially patient safety;\n\n3. Encourage the cooperation of member states in the areas of EMS licensure and\nregulation;\n\n4. Support licensing of military members who are separating from an active duty\ntour and licensing of their spouses;\n\n5. Facilitate the exchange of information between member states regarding EMS\npersonnel licensure, adverse action, and significant investigatory information;\n\n6. Promote compliance with the laws governing EMS personnel practice in each\nmember state; and\n\n7. Invest all member states with the authority to hold EMS personnel accountable\nthrough the mutual recognition of member state licenses.\n\t\t\tSECTION 2. DEFINITIONS\n\t\t\tIn this compact:\n\n A. “Advanced Emergency Medical Technician (AEMT)” means an\n individual licensed with cognitive knowledge and a scope of practice that\n corresponds to that level in the National EMS Education Standards and National\n EMS Scope of Practice Model.\n\n B. “Adverse action” means any administrative, civil, equitable, or\n criminal action permitted by a state’s laws which may be imposed against\n licensed EMS personnel by a state EMS authority or state court, including, but\n not limited to, actions against an individual’s license such as\n revocation, suspension, probation, consent agreement, monitoring or other\n limitation or encumbrance on the individual’s practice, letters of\n reprimand or admonition, fines, criminal convictions, and state court\n judgments enforcing adverse actions by the state EMS authority.\n\n C. “Alternative program” means a voluntary, non-disciplinary\n substance abuse recovery program approved by a state EMS authority.\n\n D. “Certification” means the successful verification of\n entry-level cognitive and psychomotor competency using a reliable, validated,\n and legally defensible examination.\n\n E. “Commission” means the national administrative body of which\n all states that have enacted the compact are members.\n\n F. “Emergency medical technician (EMT)” means an individual\n licensed with cognitive knowledge and a scope of practice that corresponds to\n that level in the National EMS Education Standards and National EMS Scope of\n Practice Model.\n\n G. “Home state” means a member state where an individual is\n licensed to practice emergency medical services.\n\n H. “License” means the authorization by a state for an individual\n to practice as an EMT, AEMT, or paramedic or at a level in between EMT and\n paramedic.\n\n I. “Medical director” means a physician licensed in a member state\n who is accountable for the care delivered by EMS personnel.\n\n J. “Member state” means a state that has enacted this compact.\n\n K. “Privilege to practice” means an individual’s authority\n to deliver emergency medical services in remote states as authorized under\n this compact.\n\n L. “Paramedic” means an individual licensed with cognitive\n knowledge and a scope of practice that corresponds to that level in the\n National EMS Education Standards and National EMS Scope of Practice Model.\n\n M. “Remote state” means a member state in which an individual is\n not licensed.\n\n N. “Restricted” means the outcome of an adverse action that limits\n a license or the privilege to practice.\n\n O. “Rule” means a written statement by the interstate Commission\n promulgated pursuant to Section 12 of this compact that is of general\n applicability; implements, interprets, or prescribes a policy or provision of\n the compact; or is an organizational, procedural, or practice requirement of\n the Commission and has the force and effect of statutory law in a member state\n and includes the amendment, repeal, or suspension of an existing rule.\n\n P. “Scope of practice” means defined parameters of various duties\n or services that may be provided by an individual with specific credentials.\n Whether regulated by rule, statute, or court decision, it tends to represent\n the limits of services an individual may perform.\n\n Q. “Significant investigatory information” means:\n\n1. Investigative information that a state EMS authority, after a preliminary\ninquiry that includes notification and an opportunity to respond if required by\nstate law, has reason to believe, if proved true, would result in the imposition\nof an adverse action on a license or privilege to practice; or\n\n2. Investigative information that indicates that the individual represents an\nimmediate threat to public health and safety regardless of whether the\nindividual has been notified and had an opportunity to respond.\n\n R. “State” means any state, commonwealth, district, or territory\n of the United States.\n\n S. “State EMS authority” means the board, office, or other agency\n with the legislative mandate to license EMS personnel.\n \t\t\t\tSECTION 3. HOME STATE LICENSURE\n\n A. Any member state in which an individual holds a current license shall be\n deemed a home state for purposes of this compact.\n\n B. Any member state may require an individual to obtain and retain a license\n to be authorized to practice in the member state under circumstances not\n authorized by the privilege to practice under the terms of this compact.\n\n C. A home state’s license authorizes an individual to practice in a\n remote state under the privilege to practice only if the home state:\n\n1. Currently requires the use of the National Registry of Emergency Medical\nTechnicians (NREMT) examination as a condition of issuing initial licenses at\nthe EMT and paramedic levels;\n\n2. Has a mechanism in place for receiving and investigating complaints about\nindividuals;\n\n3. Notifies the Commission, in compliance with the terms herein, of any adverse\naction or significant investigatory information regarding an individual;\n\n4. No later than five years after activation of the compact, requires a criminal\nbackground check of all applicants for initial licensure, including the use of\nthe results of fingerprint or other biometric data checks compliant with the\nrequirements of the Federal Bureau of Investigation with the exception of\nfederal employees who have suitability determination in accordance with 5 C.F.R.\n§ 731.202 and submit documentation of such as promulgated in the rules of\nthe Commission; and\n\n5. Complies with the rules of the Commission.\n\t\t\tSECTION 4. COMPACT PRIVILEGE TO PRACTICE\n\n A. Member states shall recognize the privilege to practice of an individual\n licensed in another member state that is in conformance with Section 3.\n\n B. To exercise the privilege to practice under the terms and provisions of\n this compact, an individual must:\n\n1. Be at least 18 years of age;\n\n2. Possess a current unrestricted license in a member state as an EMT, AEMT,\nparamedic, or state recognized and licensed level with a scope of practice and\nauthority between EMT and paramedic; and\n\n3. Practice under the supervision of a medical director.\n\n C. An individual providing patient care in a remote state under the privilege\n to practice shall function within the scope of practice authorized by the home\n state unless and until modified by an appropriate authority in the remote\n state as may be defined in the rules of the Commission.\n\n D. Except as provided in Section 4 subsection C, an individual practicing in a\n remote state will be subject to the remote state’s authority and laws. A\n remote state may, in accordance with due process and that state’s laws,\n restrict, suspend, or revoke an individual’s privilege to practice in\n the remote state and may take any other necessary actions to protect the\n health and safety of its citizens. If a remote state takes action, it shall\n promptly notify the home state and the Commission.\n\n E. If an individual’s license in any home state is restricted or\n suspended, the individual shall not be eligible to practice in a remote state\n under the privilege to practice until the individual’s home state\n license is restored.\n\n F. If an individual’s privilege to practice in any remote state is\n restricted, suspended, or revoked, the individual shall not be eligible to\n practice in any remote state until the individual’s privilege to\n practice is restored.\n \t\t\t\tSECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE\n \t\t\t\tAn individual may practice in a remote state under a privilege to practice\n only in the performance of the individual’s EMS duties as assigned by an\n appropriate authority, as defined in the rules of the Commission, and under\n the following circumstances:\n\n1. The individual originates a patient transport in a home state and transports\nthe patient to a remote state;\n\n2. The individual originates in the home state and enters a remote state to pick\nup a patient and provide care and transport of the patient to the home state;\n\n3. The individual enters a remote state to provide patient care and\/or transport\nwithin that remote state;\n\n4. The individual enters a remote state to pick up a patient and provide care\nand transport to a third member state;\n\n5. Other conditions as determined by rules promulgated by the Commission.\n\t\t\tSECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\t\tUpon a member state’s governor’s declaration of a state of\nemergency or disaster that activates the Emergency Management Assistance Compact\n(EMAC), all relevant terms and provisions of EMAC shall apply and to the extent\nany terms or provisions of this compact conflict with EMAC, the terms of EMAC\nshall prevail with respect to any individual practicing in the remote state in\nresponse to such declaration.\n\t\t\tSECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY,\nAND THEIR SPOUSES\n\n A. Member states shall consider a veteran, active military service member, and\n member of the National Guard and Reserves separating from an active duty tour,\n and a spouse thereof, who holds a current valid and unrestricted NREMT\n certification at or above the level of the state license being sought as\n satisfying the minimum training and examination requirements for such\n licensure.\n\n B. Member states shall expedite the processing of licensure applications\n submitted by veterans, active military service members, and members of the\n National Guard and Reserves separating from an active duty tour, and their\n spouses.\n\n C. All individuals functioning with a privilege to practice under this Section\n remain subject to the adverse actions provisions of Section 8.\n \t\t\t\tSECTION 8. ADVERSE ACTIONS\n\n A. A home state shall have exclusive power to impose adverse action against an\n individual’s license issued by the home state.\n\n B. If an individual’s license in any home state is restricted or\n suspended, the individual shall not be eligible to practice in a remote state\n under the privilege to practice until the individual’s home state\n license is restored.\n\n1. All home state adverse action orders shall include a statement that the\nindividual’s compact privileges are inactive. The order may allow the\nindividual to practice in remote states with prior written authorization from\nboth the home state and remote state’s EMS authority.\n\n2. An individual currently subject to adverse action in the home state shall not\npractice in any remote state without prior written authorization from both the\nhome state and remote state’s EMS authority.\n\n C. A member state shall report adverse actions and any occurrences that the\n individual’s compact privileges are restricted, suspended, or revoked to\n the Commission in accordance with the rules of the Commission.\n\n D. A remote state may take adverse action on an individual’s privilege\n to practice within that state.\n\n E. Any member state may take adverse action against an individual’s\n privilege to practice in that state based on the factual findings of another\n member state, so long as each state follows its own procedures for imposing\n such adverse action.\n\n F. A home state’s EMS authority shall investigate and take appropriate\n action with respect to reported conduct in a remote state as it would if such\n conduct had occurred within the home state. In such cases, the home\n state’s law shall control in determining the appropriate adverse action.\n\n G. Nothing in this compact shall override a member state’s decision that\n participation in an alternative program may be used in lieu of adverse action\n and that such participation shall remain nonpublic if required by the member\n state’s laws. Member states must require individuals who enter any\n alternative programs to agree not to practice in any other member state during\n the term of the alternative program without prior authorization from such\n other member state.\n \t\t\t\tSECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE’S EMS\n AUTHORITY\n \t\t\t\tA member state’s EMS authority, in addition to any other powers\n granted under state law, is authorized under this compact to:\n\n1. Issue subpoenas for both hearings and investigations that require the\nattendance and testimony of witnesses and the production of evidence. Subpoenas\nissued by a member state’s EMS authority for the attendance and testimony\nof witnesses, and\/or the production of evidence from another member state, shall\nbe enforced in the remote state by any court of competent jurisdiction,\naccording to that court’s practice and procedure in considering subpoenas\nissued in its own proceedings. The issuing state’s EMS authority shall pay\nany witness fees, travel expenses, mileage, and other fees required by the\nservice statutes of the state where the witnesses and\/or evidence are located;\nand\n\n2. Issue cease and desist orders to restrict, suspend, or revoke an\nindividual’s privilege to practice in the state.\n\t\t\tSECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL\nPRACTICE\n\n A. The compact states hereby create and establish a joint public agency known\n as the Interstate Commission for EMS Personnel Practice.\n\n1. The Commission is a body politic and an instrumentality of the compact\nstates.\n\n2. Venue is proper and judicial proceedings by or against the Commission shall\nbe brought solely and exclusively in a court of competent jurisdiction where the\nprincipal office of the Commission is located. The Commission may waive venue\nand jurisdictional defenses to the extent it adopts or consents to participate\nin alternative dispute resolution proceedings.\n\n3. Nothing in this compact shall be construed to be a waiver of sovereign\nimmunity.\n\n B. Membership, Voting, and Meetings.\n\n1. Each member state shall have and be limited to one (1) delegate. The\nresponsible official of the state EMS authority or his designee shall be the\ndelegate to this compact for each member state. Any delegate may be removed or\nsuspended from office as provided by the law of the state from which the\ndelegate is appointed. Any vacancy occurring in the Commission shall be filled\nin accordance with the laws of the member state in which the vacancy exists. In\nthe event that more than one board, office, or other agency with the legislative\nmandate to license EMS personnel at and above the level of EMT exists, the\ngovernor of the state will determine which entity will be responsible for\nassigning the delegate.\n\n2. Each delegate shall be entitled to one (1) vote with regard to the\npromulgation of rules and creation of bylaws and shall otherwise have an\nopportunity to participate in the business and affairs of the Commission. A\ndelegate shall vote in person or by such other means as provided in the bylaws.\nThe bylaws may provide for delegates’ participation in meetings by\ntelephone or other means of communication.\n\n3. The Commission shall meet at least once during each calendar year. Additional\nmeetings shall be held as set forth in the bylaws.\n\n4. All meetings shall be open to the public, and public notice of meetings shall\nbe given in the same manner as required under the rulemaking provisions in\nSection 12.\n\n5. The Commission may convene in a closed, nonpublic meeting if the Commission\nmust discuss:\n\t\t\ta. Noncompliance of a member state with its obligations under the compact;\n\t\t\tb. The employment, compensation, discipline or other personnel matters,\npractices or procedures related to specific employees or other matters related\nto the Commission’s internal personnel practices and procedures;\n\t\t\tc. Current, threatened, or reasonably anticipated litigation;\n\t\t\td. Negotiation of contracts for the purchase or sale of goods, services, or\nreal estate;\n\t\t\te. Accusing any person of a crime or formally censuring any person;\n\t\t\tf. Disclosure of trade secrets or commercial or financial information that is\nprivileged or confidential;\n\t\t\tg. Disclosure of information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\n\t\t\th. Disclosure of investigatory records compiled for law-enforcement purposes;\n\t\t\ti. Disclosure of information related to any investigatory reports prepared by\nor on behalf of or for use of the Commission or other committee charged with\nresponsibility of investigation or determination of compliance issues pursuant\nto the compact; or\n\t\t\tj. Matters specifically exempted from disclosure by federal or member state\nstatute.\n\n6. If a meeting, or portion of a meeting, is closed pursuant to this provision,\nthe Commission’s legal counsel or designee shall certify that the meeting\nmay be closed and shall reference each relevant exempting provision. The\nCommission shall keep minutes that fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of actions\ntaken, and the reasons therefor, including a description of the views expressed.\nAll documents considered in connection with an action shall be identified in\nsuch minutes. All minutes and documents of a closed meeting shall remain under\nseal, subject to release by a majority vote of the Commission or order of a\ncourt of competent jurisdiction.\n\n C. The Commission shall, by a majority vote of the delegates, prescribe bylaws\n and\/or rules to govern its conduct as may be necessary or appropriate to carry\n out the purposes and exercise the powers of the compact, including but not\n limited to:\n\n1. Establishing the fiscal year of the Commission;\n\n2. Providing reasonable standards and procedures:\n\t\t\ta. For the establishment and meetings of other committees; and\n\t\t\tb. Governing any general or specific delegation of any authority or function\nof the Commission;\n\n3. Providing reasonable procedures for calling and conducting meetings of the\nCommission, ensuring reasonable advance notice of all meetings, and providing an\nopportunity for attendance of such meetings by interested parties, with\nenumerated exceptions designed to protect the public’s interest, the\nprivacy of individuals, and proprietary information, including trade secrets.\nThe Commission may meet in closed session only after a majority of the\nmembership votes to close a meeting in whole or in part. As soon as practicable,\nthe Commission must make public a copy of the vote to close the meeting\nrevealing the vote of each member with no proxy votes allowed;\n\n4. Establishing the titles, duties and authority, and reasonable procedures for\nthe election of the officers of the Commission;\n\n5. Providing reasonable standards and procedures for the establishment of the\npersonnel policies and programs of the Commission. Notwithstanding any civil\nservice or other similar laws of any member state, the bylaws shall exclusively\ngovern the personnel policies and programs of the Commission;\n\n6. Promulgating a code of ethics to address permissible and prohibited\nactivities of Commission members and employees;\n\n7. Providing a mechanism for winding up the operations of the Commission and the\nequitable disposition of any surplus funds that may exist after the termination\nof the compact after the payment and\/or reserving of all of its debts and\nobligations;\n\n8. Publishing its bylaws and filing a copy thereof, and a copy of any amendment\nthereto, with the appropriate agency or officer in each of the member states, if\nany;\n\n9. Maintaining its financial records in accordance with the bylaws; and\n\n10. Meeting and taking such actions as are consistent with the provisions of\nthis compact and the bylaws.\n\n D. The Commission shall have the following powers:\n\n1. To promulgate uniform rules to facilitate and coordinate implementation and\nadministration of this compact. The rules shall have the force and effect of law\nand shall be binding in all member states;\n\n2. To bring and prosecute legal proceedings or actions in the name of the\nCommission, provided that the standing of any state EMS authority or other\nregulatory body responsible for EMS personnel licensure to sue or be sued under\napplicable law shall not be affected;\n\n3. To purchase and maintain insurance and bonds;\n\n4. To borrow, accept, or contract for services of personnel, including, but not\nlimited to, employees of a member state;\n\n5. To hire employees, elect or appoint officers, fix compensation, define\nduties, grant such individuals appropriate authority to carry out the purposes\nof the compact, and to establish the Commission’s personnel policies and\nprograms relating to conflicts of interest, qualifications of personnel, and\nother related personnel matters;\n\n6. To accept any and all appropriate donations and grants of money, equipment,\nsupplies, materials, and services and to receive, utilize, and dispose of the\nsame, provided that at all times the Commission shall strive to avoid any\nappearance of impropriety and\/or conflict of interest;\n\n7. To lease, purchase, accept appropriate gifts or donations of, or otherwise\nown, hold, improve, or use any property, real, personal, or mixed, provided that\nat all times the Commission shall strive to avoid any appearance of impropriety;\n\n8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise\ndispose of any property, real, personal, or mixed;\n\n9. To establish a budget and make expenditures;\n\n10. To borrow money;\n\n11. To appoint committees, including advisory committees composed of members,\nstate regulators, state legislators or their representatives, and consumer\nrepresentatives and such other interested persons as may be designated in this\ncompact and the bylaws;\n\n12. To provide and receive information from, and cooperate with, law-enforcement\nagencies;\n\n13. To adopt and use an official seal; and\n\n14. To perform such other functions as may be necessary or appropriate to\nachieve the purposes of this compact consistent with the state regulation of EMS\npersonnel licensure and practice.\n\n E. Financing of the Commission.\n\n1. The Commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization, and ongoing activities.\n\n2. The Commission may accept any and all appropriate revenue sources, donations,\nand grants of money, equipment, supplies, materials, and services.\n\n3. The Commission may levy on and collect an annual assessment from each member\nstate or impose fees on other parties to cover the cost of the operations and\nactivities of the Commission and its staff, which must be in a total amount\nsufficient to cover its annual budget as approved each year for which revenue is\nnot provided by other sources. The aggregate annual assessment amount shall be\nallocated based upon a formula to be determined by the Commission, which shall\npromulgate a rule binding upon all member states.\n\n4. The Commission shall not incur obligations of any kind prior to securing the\nfunds adequate to meet the same; nor shall the Commission pledge the credit of\nany of the member states, except by and with the authority of the member state.\n\n5. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be subject\nto the audit and accounting procedures established under its bylaws. However,\nall receipts and disbursements of funds handled by the Commission shall be\naudited yearly by a certified or licensed public accountant, and the report of\nthe audit shall be included in and become part of the annual report of the\nCommission.\n\n F. Qualified Immunity, Defense, and Indemnification.\n\n1. The members, officers, executive director, employees, and representatives of\nthe Commission shall be immune from suit and liability, either personally or in\ntheir official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual\nor alleged act, error, or omission that occurred, or that the person against\nwhom the claim is made had a reasonable basis for believing occurred, within the\nscope of Commission employment, duties, or responsibilities, provided that\nnothing in this paragraph shall be construed to protect any such person from\nsuit and\/or liability for any damage, loss, injury, or liability caused by the\nintentional or willful or wanton misconduct of that person.\n\n2. The Commission shall defend any member, officer, executive director,\nemployee, or representative of the Commission in any civil action seeking to\nimpose liability arising out of any actual or alleged act, error, or omission\nthat occurred within the scope of Commission employment, duties, or\nresponsibilities or that the person against whom the claim is made had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties, or responsibilities, provided that nothing herein shall be\nconstrued to prohibit that person from retaining his or her own counsel, and\nprovided further that the actual or alleged act, error, or omission did not\nresult from that person’s intentional or willful or wanton misconduct.\n\n3. The Commission shall indemnify and hold harmless any member, officer,\nexecutive director, employee, or representative of the Commission for the amount\nof any settlement or judgment obtained against that person arising out of any\nactual or alleged act, error, or omission that occurred within the scope of\nCommission employment, duties, or responsibilities or that such person had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties, or responsibilities, provided that the actual or alleged\nact, error, or omission did not result from the intentional or willful or wanton\nmisconduct of that person.\n\t\t\tSECTION 11. COORDINATED DATABASE\n\n A. The Commission shall provide for the development and maintenance of a\n coordinated database and reporting system containing licensure, adverse\n action, and significant investigatory information on all licensed individuals\n in member states.\n\n B. Notwithstanding any other provision of state law to the contrary, a member\n state shall submit a uniform data set to the coordinated database on all\n individuals to whom this compact is applicable as required by the rules of the\n Commission, including:\n\n1. Identifying information;\n\n2. Licensure data;\n\n3. Significant investigatory information;\n\n4. Adverse actions against an individual’s license;\n\n5. An indicator that an individual’s privilege to practice is restricted,\nsuspended, or revoked;\n\n6. Nonconfidential information related to alternative program participation;\n\n7. Any denial of application for licensure and the reason(s) for such denial;\nand\n\n8. Other information that may facilitate the administration of this compact, as\ndetermined by the rules of the Commission.\n\n C. The coordinated database administrator shall promptly notify all member\n states of any adverse action taken against, or significant investigative\n information on, any individual in a member state.\n\n D. Member states contributing information to the coordinated database may\n designate information that may not be shared with the public without the\n express permission of the contributing state.\n\n E. Any information submitted to the coordinated database that is subsequently\n required to be expunged by the laws of the member state contributing the\n information shall be removed from the coordinated database.\n \t\t\t\tSECTION 12. RULEMAKING\n\n A. The Commission shall exercise its rulemaking powers pursuant to the\n criteria set forth in this Section and the rules adopted thereunder. Rules and\n amendments shall become binding as of the date specified in each rule or\n amendment.\n\n B. If a majority of the legislatures of the member states rejects a rule, by\n enactment of a statute or resolution in the same manner used to adopt the\n compact, then such rule shall have no further force and effect in any member\n state.\n\n C. Rules or amendments to the rules shall be adopted at a regular or special\n meeting of the Commission.\n\n D. Prior to promulgation and adoption of a final rule or rules by the\n Commission, and at least sixty (60) days in advance of the meeting at which\n the rule will be considered and voted upon, the Commission shall file a Notice\n of Proposed Rulemaking:\n\n1. On the website of the Commission; and\n\n2. On the website of each member state EMS authority or the publication in which\neach state would otherwise publish proposed rules.\n\n E. The Notice of Proposed Rulemaking shall include:\n\n1. The proposed time, date, and location of the meeting in which the rule will\nbe considered and voted upon;\n\n2. The text of the proposed rule or amendment and the reason for the proposed\nrule;\n\n3. A request for comments on the proposed rule from any interested person; and\n\n4. The manner in which interested persons may submit notice to the Commission of\ntheir intention to attend the public hearing and any written comments.\n\n F. Prior to adoption of a proposed rule, the Commission shall allow persons to\n submit written data, facts, opinions, and arguments, which shall be made\n available to the public.\n\n G. The Commission shall grant an opportunity for a public hearing before it\n adopts a rule or amendment if a hearing is requested by:\n\n1. At least twenty-five (25) persons;\n\n2. A governmental subdivision or agency; or\n\n3. An association having at least twenty-five (25) members.\n\n H. If a hearing is held on the proposed rule or amendment, the Commission\n shall publish the place, time, and date of the scheduled public hearing.\n\n1. All persons wishing to be heard at the hearing shall notify the executive\ndirector of the Commission or other designated member in writing of their desire\nto appear and testify at the hearing not less than five (5) business days before\nthe scheduled date of the hearing.\n\n2. Hearings shall be conducted in a manner providing each person who wishes to\ncomment a fair and reasonable opportunity to comment orally or in writing.\n\n3. No transcript of the hearing is required, unless a written request for a\ntranscript is made, in which case the person requesting the transcript shall\nbear the cost of producing the transcript. A recording may be made in lieu of a\ntranscript under the same terms and conditions as a transcript. This subsection\nshall not preclude the Commission from making a transcript or recording of the\nhearing if it so chooses.\n\n4. Nothing in this section shall be construed as requiring a separate hearing on\neach rule. Rules may be grouped for the convenience of the Commission at\nhearings required by this section.\n\n I. Following the scheduled hearing date, or by the close of business on the\n scheduled hearing date if the hearing was not held, the Commission shall\n consider all written and oral comments received.\n\n J. The Commission shall, by majority vote of all members, take final action on\n the proposed rule and shall determine the effective date of the rule, if any,\n based on the rulemaking record and the full text of the rule.\n\n K. If no written notice of intent to attend the public hearing by interested\n parties is received, the Commission may proceed with promulgation of the\n proposed rule without a public hearing.\n\n L. Upon determination that an emergency exists, the Commission may consider\n and adopt an emergency rule without prior notice, opportunity for comment, or\n hearing, provided that the usual rulemaking procedures provided in the compact\n and in this section shall be retroactively applied to the rule as soon as\n reasonably possible, in no event later than ninety (90) days after the\n effective date of the rule. For the purposes of this provision, an emergency\n rule is one that must be adopted immediately in order to:\n\n1. Meet an imminent threat to public health, safety, or welfare;\n\n2. Prevent a loss of Commission or member state funds;\n\n3. Meet a deadline for the promulgation of an administrative rule that is\nestablished by federal law or rule; or\n\n4. Protect public health and safety.\n\n M. The Commission or an authorized committee of the Commission may direct\n revisions to a previously adopted rule or amendment for purposes of correcting\n typographical errors, errors in format, errors in consistency, or grammatical\n errors. Public notice of any revisions shall be posted on the website of the\n Commission. The revision shall be subject to challenge by any person for a\n period of thirty (30) days after posting. The revision may be challenged only\n on grounds that the revision results in a material change to a rule. A\n challenge shall be made in writing and delivered to the chair of the\n Commission prior to the end of the notice period. If no challenge is made, the\n revision will take effect without further action. If the revision is\n challenged, the revision may not take effect without the approval of the\n Commission.\n \t\t\t\tSECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT\n\n A. Oversight.\n\n1. The executive, legislative, and judicial branches of state government in each\nmember state shall enforce this compact and take all actions necessary and\nappropriate to effectuate the compact’s purposes and intent. The\nprovisions of this compact and the rules promulgated hereunder shall have\nstanding as statutory law.\n\n2. All courts shall take judicial notice of the compact and the rules in any\njudicial or administrative proceeding in a member state pertaining to the\nsubject matter of this compact which may affect the powers, responsibilities, or\nactions of the Commission.\n\n3. The Commission shall be entitled to receive service of process in any such\nproceeding and shall have standing to intervene in such a proceeding for all\npurposes. Failure to provide service of process to the Commission shall render a\njudgment or order void as to the Commission, this compact, or promulgated rules.\n\n B. Default, Technical Assistance, and Termination.\n\n1. If the Commission determines that a member state has defaulted in the\nperformance of its obligations or responsibilities under this compact or the\npromulgated rules, the Commission shall:\n\t\t\ta. Provide written notice to the defaulting state and other member states of\nthe nature of the default, the proposed means of curing the default, and\/or any\nother action to be taken by the Commission; and\n\t\t\tb. Provide remedial training and specific technical assistance regarding the\ndefault.\n\n2. If a state in default fails to cure the default, the defaulting state may be\nterminated from the compact upon an affirmative vote of a majority of the member\nstates, and all rights, privileges, and benefits conferred by this compact may\nbe terminated on the effective date of termination. A cure of the default does\nnot relieve the offending state of obligations or liabilities incurred during\nthe period of default.\n\n3. Termination of membership in the compact shall be imposed only after all\nother means of securing compliance have been exhausted. Notice of intent to\nsuspend or terminate shall be given by the Commission to the governor, the\nmajority and minority leaders of the defaulting state’s legislature, and\neach of the member states.\n\n4. A state that has been terminated from the compact is responsible for all\nassessments, obligations, and liabilities incurred through the effective date of\ntermination, including obligations that extend beyond the effective date of\ntermination.\n\n5. The Commission shall not bear any costs related to a state that is found to\nbe in default or that has been terminated from the compact, unless agreed upon\nin writing between the Commission and the defaulting state.\n\n6. The defaulting state may appeal the action of the Commission by petitioning\nthe U.S. District Court for the District of Columbia or the federal district\nwhere the Commission has its principal offices. The prevailing member shall be\nawarded all costs of such litigation, including reasonable attorney fees.\n\n C. Dispute Resolution.\n\n1. Upon request by a member state, the Commission shall attempt to resolve\ndisputes related to the compact that arise among member states and between\nmember and nonmember states.\n\n2. The Commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes as appropriate.\n\n D. Enforcement.\n\n1. The Commission, in the reasonable exercise of its discretion, shall enforce\nthe provisions and rules of this compact.\n\n2. By majority vote, the Commission may initiate legal action in the United\nStates District Court for the District of Columbia or the federal district where\nthe Commission has its principal offices against a member state in default to\nenforce compliance with the provisions of the compact and its promulgated rules\nand bylaws. The relief sought may include both injunctive relief and damages. In\nthe event judicial enforcement is necessary, the prevailing member shall be\nawarded all costs of such litigation, including reasonable attorney fees.\n\n3. The remedies herein shall not be the exclusive remedies of the Commission.\nThe Commission may pursue any other remedies available under federal or state\nlaw.\n\t\t\tSECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS\nPERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT\n\n A. The compact shall come into effect on the date on which the compact statute\n is enacted into law in the tenth member state. The provisions, which become\n effective at that time, shall be limited to the powers granted to the\n Commission relating to assembly and the promulgation of rules. Thereafter, the\n Commission shall meet and exercise rulemaking powers necessary to the\n implementation and administration of the compact.\n\n B. Any state that joins the compact subsequent to the Commission’s\n initial adoption of the rules shall be subject to the rules as they exist on\n the date on which the compact becomes law in that state. Any rule that has\n been previously adopted by the Commission shall have the full force and effect\n of law on the day the compact becomes law in that state.\n\n C. Any member state may withdraw from this compact by enacting a statute\n repealing the same.\n\n1. A member state’s withdrawal shall not take effect until six (6) months\nafter enactment of the repealing statute.\n\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nstate’s EMS authority to comply with the investigative and adverse action\nreporting requirements of this act prior to the effective date of withdrawal.\n\n D. Nothing contained in this compact shall be construed to invalidate or\n prevent any EMS personnel licensure agreement or other cooperative arrangement\n between a member state and a nonmember state that does not conflict with the\n provisions of this compact.\n\n E. This compact may be amended by the member states. No amendment to this\n compact shall become effective and binding upon any member state until it is\n enacted into the laws of all member states.\n \t\t\t\tSECTION 15. CONSTRUCTION AND SEVERABILITY\n \t\t\t\tThis compact shall be liberally construed so as to effectuate the purposes\n thereof. If this compact shall be held contrary to the constitution of any\n member state thereto, the compact shall remain in full force and effect as to\n the remaining member states. Nothing in this compact supersedes state law or\n rules related to licensure of EMS agencies.\n\nHISTORY: 2016, cc. 75, 107.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}