AB763: Bill Text

AB763,21,22 (8) Adverse actions. (a) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.

AB763,21,25 (b) 1. 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.

AB763,22,4 2. 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 authorization from the state EMS authority of both the home state and the remote state.

AB763,22,7 3. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from the state EMS authority of both the home state and the remote state.

AB763,22,10 (c) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.

AB763,22,12 (d) A remote state may take adverse action on an individual's privilege to practice within that state.

AB763,22,15 (e) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.

AB763,22,19 (f) The state EMS authority of a home state 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.

AB763,22,25 (g) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

AB763,23,3 (9) Additional powers invested in a state EMS authority of a member state. The state EMS authority of a member state, in addition to any other powers granted under state law, is authorized under this compact to do any of the following:

AB763,23,12 (a) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by the state EMS authority of a member state for the attendance and testimony of witnesses, 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 EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.

AB763,23,14 (b) Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.

AB763,23,19 (10) Establishment of the Interstate Commission for Emergency Medical Services Personnel Practice. (a) Interstate Commission for Emergency Medical Services Personnel Practice. The compact states hereby create and establish a joint public agency known as the Interstate Commission for Emergency Medical Services Personnel Practice.

AB763,23,21 1. The commission is a body politic and an instrumentality of the compact states.

AB763,23,24 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.

AB763,24,2 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

AB763,24,12 (b) Membership, voting, and meetings. 1. Each member state shall have and be limited to one delegate. The responsible official of the state EMS authority or his or her designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license emergency medical services personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.

AB763,24,17 2. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

AB763,24,19 3. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

AB763,24,22 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 rule-making provisions in sub. (12).

AB763,24,24 5. The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:

AB763,24,25 a. Noncompliance of a member state with its obligations under the compact.

AB763,25,3 b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees, or other matters related to the commission's internal personnel practices and procedures.

AB763,25,4 c. Current, threatened, or reasonably anticipated litigation.

AB763,25,6 d. Negotiation of contracts for the purchase or sale of goods, services, or real estate.

AB763,25,7 e. Accusing any person of a crime or formally censuring any person.

AB763,25,9 f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

AB763,25,11 g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

AB763,25,12 h. Disclosure of investigatory records compiled for law enforcement purposes.

AB763,25,16 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.

AB763,25,18 j. Matters specifically exempted from disclosure by federal or member state statute.

AB763,26,2 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, 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.

AB763,26,6 (c) Rules and bylaws. The commission shall, by a majority vote of the delegates, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including all of the following:

AB763,26,7 1. Establishing the fiscal year of the commission.

AB763,26,8 2. Providing reasonable standards and procedures for all of the following:

AB763,26,9 a. The establishment and meetings of other committees.

AB763,26,11 b. Governing any general or specific delegation of any authority or function of the commission.

AB763,26,20 3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed.

AB763,26,22 4. Establishing the titles, duties, and authority, and reasonable procedures for the election of the officers of the commission.

AB763,27,2 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.

AB763,27,4 6. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees.

AB763,27,7 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 or reserving of all of its debts and obligations.

AB763,27,10 8. The commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any.

AB763,27,12 9. The commission shall maintain its financial records in accordance with the bylaws.

AB763,27,14 10. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

AB763,27,15 (d) Powers of the commission. The commission shall have the following powers:

AB763,27,18 1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.

AB763,27,22 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 emergency medical services personnel licensure to sue or be sued under applicable law shall not be affected.

AB763,27,23 3. To purchase and maintain insurance and bonds.

AB763,27,25 4. To borrow, accept, or contract for services of personnel, including employees of a member state.

AB763,28,5 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 establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

AB763,28,9 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 or conflict of interest.

AB763,28,12 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property whether real, personal, or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety.

AB763,28,14 8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property whether real, personal, or mixed.

AB763,28,15 9. To establish a budget and make expenditures.

AB763,28,16 10. To borrow money.

AB763,28,20 11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.

AB763,28,22 12. To provide and receive information from, and to cooperate with, law enforcement agencies.

AB763,28,23 13. To adopt and use an official seal.

AB763,29,3 14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of emergency medical services personnel licensure and practice.

AB763,29,6 (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.

AB763,29,8 2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

AB763,29,15 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.

AB763,29,18 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.

AB763,29,23 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 included in and become part of the annual report of the commission.

AB763,30,8 (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 subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

AB763,30,17 2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from that person's intentional, willful, or wanton misconduct.

AB763,30,25 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 the 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, willful, or wanton misconduct of that person.

AB763,31,4 (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.

AB763,31,8 (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 all of the following:

AB763,31,9 1. Identifying information.

AB763,31,10 2. Licensure data.

AB763,31,11 3. Significant investigatory information.

AB763,31,12 4. Adverse actions against an individual's license.

AB763,31,14 5. An indicator that an individual's privilege to practice is restricted, suspended, or revoked.

AB763,31,15 6. Nonconfidential information related to alternative program participation.

AB763,31,17 7. Any denial of application for licensure, and the reason or reasons for such denial.

AB763,31,19 8. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

AB763,31,22 (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.

AB763,31,25 (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.

AB763,32,3 (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.

AB763,32,7 (12) Rule making. (a) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

AB763,32,10 (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.

AB763,32,12 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

AB763,32,16 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 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 rule making on all of the following:

AB763,32,17 1. The website of the commission.

AB763,32,19 2. The website of each member state emergency medical services authority or the publication in which each state would otherwise publish proposed rules.

AB763,32,20 (e) The notice of proposed rule making shall include all of the following:

AB763,32,22 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.