                                 CODE OF VIRGINIA

RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT
(§ 32.1-371)

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:
		SECTION 1. PURPOSE
		In order to protect the public through verification of competency and ensure
accountability for patient-care-related activities, all states license emergency
medical services (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&#8217;s health and safety through their licensing and
regulation of EMS personnel and that such state regulation shared among the
member states will best protect public health and safety. This compact is
designed to achieve the following purposes and objectives:

1. Increase public access to EMS personnel;

2. Enhance the states&#8217; ability to protect the public&#8217;s health and
safety, especially patient safety;

3. Encourage the cooperation of member states in the areas of EMS licensure and
regulation;

4. Support licensing of military members who are separating from an active duty
tour and licensing of their spouses;

5. Facilitate the exchange of information between member states regarding EMS
personnel licensure, adverse action, and significant investigatory information;

6. Promote compliance with the laws governing EMS personnel practice in each
member state; and

7. Invest all member states with the authority to hold EMS personnel accountable
through the mutual recognition of member state licenses.
			SECTION 2. DEFINITIONS
			In this compact:

   A. &#8220;Advanced Emergency Medical Technician (AEMT)&#8221; 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. &#8220;Adverse action&#8221; means any administrative, civil, equitable, or
   criminal action permitted by a state&#8217;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&#8217;s license such as
   revocation, suspension, probation, consent agreement, monitoring or other
   limitation or encumbrance on the individual&#8217;s practice, letters of
   reprimand or admonition, fines, criminal convictions, and state court
   judgments enforcing adverse actions by the state EMS authority.

   C. &#8220;Alternative program&#8221; means a voluntary, non-disciplinary
   substance abuse recovery program approved by a state EMS authority.

   D. &#8220;Certification&#8221; means the successful verification of
   entry-level cognitive and psychomotor competency using a reliable, validated,
   and legally defensible examination.

   E. &#8220;Commission&#8221; means the national administrative body of which
   all states that have enacted the compact are members.

   F. &#8220;Emergency medical technician (EMT)&#8221; 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. &#8220;Home state&#8221; means a member state where an individual is
   licensed to practice emergency medical services.

   H. &#8220;License&#8221; 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. &#8220;Medical director&#8221; means a physician licensed in a member state
   who is accountable for the care delivered by EMS personnel.

   J. &#8220;Member state&#8221; means a state that has enacted this compact.

   K. &#8220;Privilege to practice&#8221; means an individual&#8217;s authority
   to deliver emergency medical services in remote states as authorized under
   this compact.

   L. &#8220;Paramedic&#8221; 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. &#8220;Remote state&#8221; means a member state in which an individual is
   not licensed.

   N. &#8220;Restricted&#8221; means the outcome of an adverse action that limits
   a license or the privilege to practice.

   O. &#8220;Rule&#8221; 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. &#8220;Scope of practice&#8221; 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. &#8220;Significant investigatory information&#8221; means:

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

2. Investigative information that indicates that the individual represents an
immediate threat to public health and safety regardless of whether the
individual has been notified and had an opportunity to respond.

   R. &#8220;State&#8221; means any state, commonwealth, district, or territory
   of the United States.

   S. &#8220;State EMS authority&#8221; means the board, office, or other agency
   with the legislative mandate to license EMS personnel.
   				SECTION 3. HOME STATE LICENSURE

   A. Any member state in which an individual holds a current license shall be
   deemed a home state for purposes of this compact.

   B. Any member state may require an individual to obtain and retain a license
   to be authorized to practice in the member state under circumstances not
   authorized by the privilege to practice under the terms of this compact.

   C. A home state&#8217;s license authorizes an individual to practice in a
   remote state under the privilege to practice only if the home state:

1. Currently requires the use of the National Registry of Emergency Medical
Technicians (NREMT) examination as a condition of issuing initial licenses at
the EMT and paramedic levels;

2. Has a mechanism in place for receiving and investigating complaints about
individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse
action or significant investigatory information regarding an individual;

4. No later than five years after activation of the compact, requires a criminal
background check of all applicants for initial licensure, including the use of
the results of fingerprint or other biometric data checks compliant with the
requirements of the Federal Bureau of Investigation with the exception of
federal employees who have suitability determination in accordance with 5 C.F.R.
&#xA7; 731.202 and submit documentation of such as promulgated in the rules of
the Commission; and

5. Complies with the rules of the Commission.
			SECTION 4. COMPACT PRIVILEGE TO PRACTICE

   A. Member states shall recognize the privilege to practice of an individual
   licensed in another member state that is in conformance with Section 3.

   B. To exercise the privilege to practice under the terms and provisions of
   this compact, an individual must:

1. Be at least 18 years of age;

2. Possess a current unrestricted license in a member state as an EMT, AEMT,
paramedic, or state recognized and licensed level with a scope of practice and
authority between EMT and paramedic; and

3. Practice under the supervision of a medical director.

   C. An individual providing patient care in a remote state under the privilege
   to practice shall function within the scope of practice authorized by the home
   state unless and until modified by an appropriate authority in the remote
   state as may be defined in the rules of the Commission.

   D. Except as provided in Section 4 subsection C, an individual practicing in a
   remote state will be subject to the remote state&#8217;s authority and laws. A
   remote state may, in accordance with due process and that state&#8217;s laws,
   restrict, suspend, or revoke an individual&#8217;s privilege to practice in
   the remote state and may take any other necessary actions to protect the
   health and safety of its citizens. If a remote state takes action, it shall
   promptly notify the home state and the Commission.

   E. If an individual&#8217;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&#8217;s home state
   license is restored.

   F. If an individual&#8217;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&#8217;s privilege to
   practice is restored.
   				SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE
   				An individual may practice in a remote state under a privilege to practice
   only in the performance of the individual&#8217;s EMS duties as assigned by an
   appropriate authority, as defined in the rules of the Commission, and under
   the following circumstances:

1. The individual originates a patient transport in a home state and transports
the patient to a remote state;

2. The individual originates in the home state and enters a remote state to pick
up a patient and provide care and transport of the patient to the home state;

3. The individual enters a remote state to provide patient care and/or transport
within that remote state;

4. The individual enters a remote state to pick up a patient and provide care
and transport to a third member state;

5. Other conditions as determined by rules promulgated by the Commission.
			SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT
			Upon a member state&#8217;s governor&#8217;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.
			SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY,
AND THEIR SPOUSES

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

   B. Member states shall expedite the processing of licensure applications
   submitted by veterans, active military service members, and members of the
   National Guard and Reserves separating from an active duty tour, and their
   spouses.

   C. All individuals functioning with a privilege to practice under this Section
   remain subject to the adverse actions provisions of Section 8.
   				SECTION 8. ADVERSE ACTIONS

   A. A home state shall have exclusive power to impose adverse action against an
   individual&#8217;s license issued by the home state.

   B. If an individual&#8217;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&#8217;s home state
   license is restored.

1. All home state adverse action orders shall include a statement that the
individual&#8217;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&#8217;s EMS authority.

2. An individual currently subject to adverse action in the home state shall not
practice in any remote state without prior written authorization from both the
home state and remote state&#8217;s EMS authority.

   C. A member state shall report adverse actions and any occurrences that the
   individual&#8217;s compact privileges are restricted, suspended, or revoked to
   the Commission in accordance with the rules of the Commission.

   D. A remote state may take adverse action on an individual&#8217;s privilege
   to practice within that state.

   E. Any member state may take adverse action against an individual&#8217;s
   privilege to practice in that state based on the factual findings of another
   member state, so long as each state follows its own procedures for imposing
   such adverse action.

   F. A home state&#8217;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&#8217;s law shall control in determining the appropriate adverse action.

   G. Nothing in this compact shall override a member state&#8217;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&#8217;s laws. Member states must require individuals who enter any
   alternative programs to agree not to practice in any other member state during
   the term of the alternative program without prior authorization from such
   other member state.
   				SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE&#8217;S EMS
   AUTHORITY
   				A member state&#8217;s EMS authority, in addition to any other powers
   granted under state law, is authorized under this compact to:

1. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses and the production of evidence. Subpoenas
issued by a member state&#8217;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&#8217;s practice and procedure in considering subpoenas
issued in its own proceedings. The issuing state&#8217;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

2. Issue cease and desist orders to restrict, suspend, or revoke an
individual&#8217;s privilege to practice in the state.
			SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL
PRACTICE

   A. The compact states hereby create and establish a joint public agency known
   as the Interstate Commission for EMS Personnel Practice.

1. The Commission is a body politic and an instrumentality of the compact
states.

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

3. Nothing in this compact shall be construed to be a waiver of sovereign
immunity.

   B. Membership, Voting, and Meetings.

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

2. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws 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&#8217; participation in meetings by
telephone or other means of communication.

3. The Commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.

4. All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the rulemaking provisions in
Section 12.

5. The Commission may convene in a closed, nonpublic meeting if the Commission
must discuss:
			a. Noncompliance of a member state with its obligations under the compact;
			b. The employment, compensation, discipline or other personnel matters,
practices or procedures related to specific employees or other matters related
to the Commission&#8217;s internal personnel practices and procedures;
			c. Current, threatened, or reasonably anticipated litigation;
			d. Negotiation of contracts for the purchase or sale of goods, services, or
real estate;
			e. Accusing any person of a crime or formally censuring any person;
			f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
			g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
			h. Disclosure of investigatory records compiled for law-enforcement purposes;
			i. Disclosure of information related to any investigatory reports prepared by
or on behalf of or for use of the Commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant
to the compact; or
			j. Matters specifically exempted from disclosure by federal or member state
statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission&#8217;s legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exempting provision. The
Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefor, including a description of the views expressed.
All documents considered in connection with an action shall be identified in
such minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote of the Commission or order of a
court of competent jurisdiction.

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

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:
			a. For the establishment and meetings of other committees; and
			b. Governing any general or specific delegation of any authority or function
of the Commission;

3. Providing reasonable procedures for calling and conducting meetings of the
Commission, ensuring reasonable advance notice of all meetings, and providing an
opportunity for attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public&#8217;s interest, the
privacy of individuals, and proprietary information, including trade secrets.
The Commission may meet in closed session only after a majority of the
membership votes to close a meeting in whole or in part. As soon as practicable,
the Commission must make public a copy of the vote to close the meeting
revealing the vote of each member with no proxy votes allowed;

4. Establishing the titles, duties and authority, and reasonable procedures for
the election of the officers of the Commission;

5. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the Commission. Notwithstanding any civil
service or other similar laws of any member state, the bylaws shall exclusively
govern the personnel policies and programs of the Commission;

6. Promulgating a code of ethics to address permissible and prohibited
activities of Commission members and employees;

7. Providing a mechanism for winding up the operations of the Commission and the
equitable disposition of any surplus funds that may exist after the termination
of the compact after the payment and/or reserving of all of its debts and
obligations;

8. 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;

9. Maintaining its financial records in accordance with the bylaws; and

10. Meeting and taking such actions as are consistent with the provisions of
this compact and the bylaws.

   D. The Commission shall have the following powers:

1. To promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law
and shall be binding in all member states;

2. To bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state EMS authority or other
regulatory body responsible for EMS personnel licensure to sue or be sued under
applicable law shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;

5. To hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the purposes
of the compact, and to establish the Commission&#8217;s personnel policies and
programs relating to conflicts of interest, qualifications of personnel, and
other related personnel matters;

6. To accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services and to receive, utilize, and dispose of the
same, provided that at all times the Commission shall strive to avoid any
appearance of impropriety and/or conflict of interest;

7. To lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use any property, real, personal, or mixed, provided that
at all times the Commission shall strive to avoid any appearance of impropriety;

8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees 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. To provide and receive information from, and cooperate with, law-enforcement
agencies;

13. To adopt and use an official seal; and

14. To perform such other functions as may be necessary or appropriate to
achieve the purposes of this compact consistent with the state regulation of EMS
personnel licensure and practice.

   E. Financing of the Commission.

1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member
state or impose fees on other parties to cover the cost of the operations and
activities of the Commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue is
not provided by other sources. The aggregate annual assessment amount shall be
allocated based upon a formula to be determined by the Commission, which shall
promulgate a rule binding upon all member states.

4. The Commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the Commission pledge the credit of
any of the member states, except by and with the authority of the member state.

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

   F. Qualified Immunity, Defense, and Indemnification.

1. The members, officers, executive director, employees, and representatives of
the Commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred, within the
scope of Commission employment, duties, or responsibilities, provided that
nothing in this paragraph shall be construed to protect any such person from
suit and/or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error, or omission
that occurred within the scope of Commission employment, duties, or
responsibilities or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities, provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel, and
provided further that the actual or alleged act, error, or omission did not
result from that person&#8217;s intentional or willful or wanton misconduct.

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

   A. The Commission shall provide for the development and maintenance of a
   coordinated database and reporting system containing licensure, adverse
   action, and significant investigatory information on all licensed individuals
   in member states.

   B. Notwithstanding any other provision of state law to the contrary, a member
   state shall submit a uniform data set to the coordinated database on all
   individuals to whom this compact is applicable as required by the rules of the
   Commission, including:

1. Identifying information;

2. Licensure data;

3. Significant investigatory information;

4. Adverse actions against an individual&#8217;s license;

5. An indicator that an individual&#8217;s privilege to practice is restricted,
suspended, or revoked;

6. Nonconfidential information related to alternative program participation;

7. Any denial of application for licensure and the reason(s) for such denial;
and

8. Other information that may facilitate the administration of this compact, as
determined by the rules of the Commission.

   C. The coordinated database administrator shall promptly notify all member
   states of any adverse action taken against, or significant investigative
   information on, any individual in a member state.

   D. Member states contributing information to the coordinated database may
   designate information that may not be shared with the public without the
   express permission of the contributing state.

   E. Any information submitted to the coordinated database that is subsequently
   required to be expunged by the laws of the member state contributing the
   information shall be removed from the coordinated database.
   				SECTION 12. RULEMAKING

   A. The Commission shall exercise its rulemaking powers pursuant to the
   criteria set forth in this Section and the rules adopted thereunder. Rules and
   amendments shall become binding as of the date specified in each rule or
   amendment.

   B. If a majority of the legislatures of the member states rejects a rule, by
   enactment of a statute or resolution in the same manner used to adopt the
   compact, then such rule shall have no further force and effect in any member
   state.

   C. Rules or amendments to the rules shall be adopted at a regular or special
   meeting of the Commission.

   D. Prior to promulgation and adoption of a final rule or rules by the
   Commission, and at least sixty (60) days in advance of the meeting at which
   the rule will be considered and voted upon, the Commission shall file a Notice
   of Proposed Rulemaking:

1. On the website of the Commission; and

2. On the website of each member state EMS authority or the publication in which
each state would otherwise publish proposed rules.

   E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule will
be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed
rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.

   F. Prior to adoption of a proposed rule, the Commission shall allow persons to
   submit written data, facts, opinions, and arguments, which shall be made
   available to the public.

   G. The Commission shall grant an opportunity for a public hearing before it
   adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

   H. If a hearing is held on the proposed rule or amendment, the Commission
   shall publish the place, time, and date of the scheduled public hearing.

1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire
to appear and testify at the hearing not less than five (5) business days before
the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.

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

4. Nothing in this section shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section.

   I. Following the scheduled hearing date, or by the close of business on the
   scheduled hearing date if the hearing was not held, the Commission shall
   consider all written and oral comments received.

   J. The Commission shall, by majority vote of all members, take final action on
   the proposed rule and shall determine the effective date of the rule, if any,
   based on the rulemaking record and the full text of the rule.

   K. If no written notice of intent to attend the public hearing by interested
   parties is received, the Commission may proceed with promulgation of the
   proposed rule without a public hearing.

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

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or

4. Protect public health and safety.

   M. The Commission or an authorized committee of the Commission may direct
   revisions to a previously adopted rule or amendment for purposes of correcting
   typographical errors, errors in format, errors in consistency, or grammatical
   errors. Public notice of any revisions shall be posted on the website of the
   Commission. The revision shall be subject to challenge by any person for a
   period of thirty (30) days after posting. The revision may be challenged only
   on grounds that the revision results in a material change to a rule. A
   challenge shall be made in writing and delivered to the chair of the
   Commission prior to the end of the notice period. If no challenge is made, the
   revision will take effect without further action. If the revision is
   challenged, the revision may not take effect without the approval of the
   Commission.
   				SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

   A. Oversight.

1. The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and take all actions necessary and
appropriate to effectuate the compact&#8217;s purposes and intent. The
provisions of this compact and the rules promulgated hereunder shall have
standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the
subject matter of this compact which may affect the powers, responsibilities, or
actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the Commission shall render a
judgment or order void as to the Commission, this compact, or promulgated rules.

   B. Default, Technical Assistance, and Termination.

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

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

3. Termination of membership in the compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor, the
majority and minority leaders of the defaulting state&#8217;s legislature, and
each of the member states.

4. 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.

5. The Commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the compact, unless agreed upon
in writing between the Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission by petitioning
the U.S. District Court for the District of Columbia or the federal district
where the Commission has its principal offices. The prevailing member shall be
awarded all costs of such litigation, including reasonable attorney fees.

   C. Dispute Resolution.

1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the compact that arise among member states and between
member and nonmember states.

2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.

   D. Enforcement.

1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact.

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

3. The remedies herein shall not be the exclusive remedies of the Commission.
The Commission may pursue any other remedies available under federal or state
law.
			SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS
PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

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

   B. Any state that joins the compact subsequent to the Commission&#8217;s
   initial adoption of the rules shall be subject to the rules as they exist on
   the date on which the compact becomes law in that state. Any rule that has
   been previously adopted by the Commission shall have the full force and effect
   of law on the day the compact becomes law in that state.

   C. Any member state may withdraw from this compact by enacting a statute
   repealing the same.

1. A member state&#8217;s withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
state&#8217;s EMS authority to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date of withdrawal.

   D. Nothing contained in this compact shall be construed to invalidate or
   prevent any EMS personnel licensure agreement or other cooperative arrangement
   between a member state and a nonmember state that does not conflict with the
   provisions of this compact.

   E. This compact may be amended by the member states. No amendment to this
   compact shall become effective and binding upon any member state until it is
   enacted into the laws of all member states.
   				SECTION 15. CONSTRUCTION AND SEVERABILITY
   				This compact shall be liberally construed so as to effectuate the purposes
   thereof. If this compact shall be held contrary to the constitution of any
   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.

HISTORY: 2016, cc. 75, 107.