Pennsylvania Consolidated & Unconsolidated Statutes
Act 45 - RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT ACT - ENACTMENT

An Act
 
Making the Commonwealth of Pennsylvania a party to the Recognition of Emergency Medical
Services Personnel Licensure Interstate Compact; and providing for the form of the
compact.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Short title.
This act shall be known and may be cited as the Recognition of Emergency Medical Services
Personnel Licensure Interstate Compact Act.

Section 2.  Recognition of Emergency Medical Services Personnel Licensure Interstate Compact.
The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact
is enacted into law and entered into by the Commonwealth of Pennsylvania with all
other states legally joining in the compact 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'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' ability to protect the public's health and safety, especially
patient safety;

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

4.  Support licensing of military members who are separating from an active duty tour
and 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.  "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.  "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.  "Alternative program" means: a voluntary, non-disciplinary substance abuse recovery
program approved by a state EMS authority.

D.  "Certification" means:  the successful verification of entry-level cognitive and psychomotor competency using
a reliable, validated, and legally defensible examination.

E.  "Commission" means:  the national administrative body of which all states that have enacted the compact
are members.

F.  "Emergency Medical Technician (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.  "Home State" means:  a member state where an individual is licensed to practice emergency medical services.
H.  "License" means:  the authorization by a state for an individual to practice as an EMT, AEMT, paramedic,
or a level in between EMT and paramedic.

I.  "Medical Director" means:  a physician licensed in a member state who is accountable for the care delivered by
EMS personnel.

J.  "Member State" means: a state that has enacted this compact.
K.  "Privilege to Practice" means:  an individual's authority to deliver emergency medical services in remote states as
authorized under this compact.

L.  "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.  "Remote State" means:  a member state in which an individual is not licensed.
N.  "Restricted" means: the outcome of an adverse action that limits a license or the
privilege to practice.

O.  "Rule" means: a written statement by the interstate Commission promulgated pursuant
to 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.  "Scope of Practice" means: defined parameters of various duties or services that may
be provided by an individual with specific credentials. Whether regulated by rule,
statute, or court decision, it tends to represent the limits of services an individual
may perform.

Q.  "Significant Investigatory Information" means:
1.  investigative information that a state 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.  "State" means: means any state, commonwealth, district, or territory of the United
States.

S.  "State EMS Authority" 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'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 US CFR §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's authority and laws. A remote state may,
in accordance with due process and that state's laws, restrict, suspend, or revoke
an individual's privilege to practice in the remote state and may take any other necessary
actions to protect the health and safety of its citizens. If a remote state takes
action it shall promptly notify the home state and the Commission.

E.  If an individual's license in any home state is restricted or suspended, the individual
shall not be eligible to practice in a remote state under the privilege to practice
until the individual's home state license is restored.

F.  If an individual's privilege to practice in any remote state is restricted, suspended,
or revoked the individual shall not be eligible to practice in any remote state until
the individual's privilege to practice is restored.

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'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'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
conflicts 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 VIII.

SECTION 8.  ADVERSE ACTIONS
A.  A home state shall have exclusive power to impose adverse action against an individual's
license issued by the home state.

B.  If an individual's license in any home state is restricted or suspended, the individual
shall not be eligible to practice in a remote state under the privilege to practice
until the individual's home state license is restored.

1.  All home state adverse action orders shall include a statement that the individual's
compact privileges are inactive. The order may allow the individual to practice in
remote states with prior written authorization from both the home state and remote
state'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's EMS authority.

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

D.  A remote state may take adverse action on an individual's privilege to practice within
that state.

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

F.  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.

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 non-public 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.

SECTION 9.  ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS AUTHORITY
A member state'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'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 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'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'
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 XII.

5.  The Commission may convene in a closed, non-public meeting if the Commission must
discuss:

a.  Non-compliance 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's
internal personnel practices and procedures;

c.  Current, threatened, or reasonably anticipated litigation;
d.  Negotiation of contracts for the purchase or sale of goods, services, or real estate;
e.  Accusing any person of a crime or formally censuring any person;
f.  Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;

g.  Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;

h.  Disclosure of investigatory records compiled for law enforcement purposes;
i.  Disclosure of information related to any investigatory reports prepared by or on behalf
of or for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the compact; or

j.  Matters specifically exempted from disclosure by federal or member state statute.
6.  If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's
legal counsel or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision.  The Commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons 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.

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's interest, the privacy of individuals, and proprietary information,
including trade secrets. The Commission may meet in closed session only after a majority
of the membership votes to close a meeting in whole or in part. As soon as practicable,
the Commission must make public a copy of the vote to close the meeting revealing
the vote of each member with no proxy votes allowed;

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

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

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

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

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

9.  The Commission shall maintain its financial records in accordance with the bylaws.
10.  The Commission shall meet and take such actions as are consistent with the provisions
of this Compact and the bylaws.

D.  The Commission shall have the following powers:
1.  The authority to promulgate uniform rules to facilitate and coordinate implementation
and administration of this Compact. The rules shall have the force and effect of law
and shall be binding in all member states;

2.  To bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any state 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's personnel policies and programs relating to conflicts
of interest, qualifications of personnel, and other related personnel matters;

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

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

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

9.  To establish a budget and make expenditures;
10.  To borrow money;
11.  To appoint committees, including advisory committees comprised of members, state regulators,
state legislators or their representatives, and consumer representatives, and such
other interested persons as may be designated in this compact and the bylaws;

12.  To provide and receive information from, and to cooperate with, law enforcement agencies;
13.  To adopt and use an official seal; and
14.  To perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the state regulation of 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'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's license;
5.  An indicator that an individual's privilege to practice is restricted, suspended or
revoked;

6.  Non-confidential 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'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's legislature, and each of the member states.

4.  A state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including obligations
that extend beyond the effective date of termination.

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

6.  The defaulting state may appeal the action of the Commission by petitioning the 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's fees.

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

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

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

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

3.  The remedies herein shall not be the exclusive remedies of the Commission. The Commission
may pursue any other remedies available under federal or state law.

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

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

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

2.  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.

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 non-member 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 state member thereto,
the compact shall remain in full force and effect as to the remaining member states.
Nothing in this compact supersedes state law or rules related to licensure of EMS
agencies.

Section 3.  Effective date.
This act shall take effect immediately.

Structure Pennsylvania Consolidated & Unconsolidated Statutes