Enters New Jersey into Emergency Medical Services Personnel Licensure Interstate Compact.

S3648

SENATE, No. 3648

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

���� Enters New Jersey into Emergency Medical Services
Personnel Licensure Interstate Compact.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning emergency medical services and supplementing
Title 26 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The State of New Jersey
enacts and enters into the Recognition of Emergency Medical Services Personnel
Licensure Interstate Compact (REPLICA) with all other jurisdictions that legally
join in the compact in the form substantially as follows:

���� I.���� Purpose.����� In order
to protect the public through the 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:

���� (a)�� Increase public access
to EMS personnel;

���� (b)� Enhance the states�
ability to protect the public�s health and safety, especially patient safety;

���� (c)�� Encourage the
cooperation of member states in the areas of EMS personnel licensure and
regulation;

���� (d)� Support the licensing of
military members who are separating from an active duty tour, and their
spouses;

���� (e)�� Facilitate the exchange
of information between member states regarding EMS personnel licensure, adverse
action, and significant investigatory information;

���� (f)�� Promote compliance with
the laws governing EMS personnel practice in each member state; and

���� (g)� Invest all member states
with the authority to hold EMS personnel accountable through the mutual
recognition of member state licenses.

���� II.��� 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, nondisciplinary 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, which is promulgated pursuant to
paragraph XII of this compact; which 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
which has the force and effect of statutory law in a member state.� �Rule� 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, and which, whether regulated by rule,
statute, or court decision, 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
has had an opportunity to respond.

���� (r)�� �State� 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.

���� III.�� Home State Licensure.

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

���� (b)� Any member state may
require an individual to obtain and retain a license in order 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 5 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 a suitability determination in accordance with 5 C.F.R. s.731.202, and
who submit documentation of such, as promulgated in the rules of the
commission; and

���� (5)� Complies with the rules
of the commission.

���� IV.� 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 Article III.

���� (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
subparagraph (c) of this Article, 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.

���� V.�� 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:

���� (a)�� The individual
originates a patient transport in a home state and transports the patient to a
remote state;

���� (b)� 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;

���� (c)�� The individual enters a
remote state to provide patient care and/or transport within that remote state;

���� (d)� The individual enters a
remote state to pick up a patient and provide care and transport to a third
member state; and

���� (e)�� Other conditions as
determined by rules promulgated by the commission.

���� VI.� 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.�
To the extent any terms or provisions of this compact conflict with the EMAC,
the terms of the EMAC shall prevail with respect to any individual practicing
in the remote state in response to the declaration.

���� VII.��� 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 paragraph shall remain
subject to the adverse actions provisions of Article VIII.

���� VIII.��� 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�s and
the 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�s and the
remote state�s EMS authority.

���� (c)�� A member state shall
report adverse actions and any occurrences causing the individual�s compact
privileges to be 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, to the same extent 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 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.

���� IX.���� 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:

���� (a)�� 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, or for the production
of evidence from another member state, or both 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, evidence, or both are located; and

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

���� X.�� 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 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.�

���� (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.

���� (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 paragraph XII.

���� (5)� The commission may
convene in a closed, nonpublic meeting, if the commission must discuss:

���� (A)� the 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�s
internal personnel practices and procedures;

���� (C)�� the current, threatened,
or reasonably anticipated litigation;�������

���� (D)�� the 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)��� the disclosure of trade
secrets or commercial or financial information that is privileged or
confidential;

���� (G)�� the disclosure of
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

���� (H)�� the disclosure of
investigatory records compiled for law enforcement purposes;

���� (I)�� the disclosure of
information related to any investigatory reports prepared by, or on behalf 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 a 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 by order of a court of
competent jurisdiction.

���� (c)�� The commission shall, by
a majority vote of the delegates, prescribe bylaws or, or both, 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)� 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.

���� (10)�� eeting and taking
actions that 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 the 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 establish
the commission�s personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;

���� (6)� to accept, receive,
utilize, and dispose of any and all appropriate donations and grants of money,
equipment, supplies, materials, and services; provided that, at all times, the
commission shall strive to avoid any appearance of impropriety 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 real,
personal, or mixed property;

���� (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 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 associated with 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, and the levy shall 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 that is 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 shall 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, in their official capacity, for any claim for
damage to or loss of property, or for 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 or liability for any damage, loss, injury,
or liability caused by the negligence 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 negligence.

���� (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 negligence of that person.

���� XI.��� Coordinated Database.

���� (a)�� The commission shall
provide for the development and maintenance of a coordinated database and
reporting system that contains 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)� nonconfidential
information related to alternative program participation;

���� (7)� any denial of an
application for licensure, and the reasons 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.

���� XII.��� 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 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 25 persons;

���� (2)� a governmental
subdivision or agency; or

���� (3)� an association having at
least 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 business days before the scheduled date of the
hearing.

���� (2)� Hearings shall be
conducted in a manner that provides 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 paragraph 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, and in no
event later than 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 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.

���� XIII.��� 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 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 United States 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, in order 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 state 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.

���� XIV.���� 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 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.

���� XV.���� 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 the licensure of EMS agencies.

���� 2.��� Nothing in this compact
shall be deemed to waive or abrogate in any way any defense or immunity of a
public entity or public employee under the common law or statutory law
including, but not limited to, the "New Jersey Tort Claims Act," 25
N.J.S.59:1-1 et seq.

���� 3.��� The Governor may
withdraw this State from the compact if the Attorney General notifies the
Governor that a state that is a party to the compact has changed its licensure
requirements to make them substantially lower than the requirements of this
State, or that withdrawal from the compact is in the best interests of the
health, safety, and welfare of the citizens of this State.

���� 4.��� This act shall take
effect 180 days after the date of enactment.

STATEMENT

���� This bill enters New Jersey
into the Recognition Emergency Medical Services (EMS) Personnel Licensure
Interstate Compact (otherwise known as REPLICA). 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.

���� REPLICA is the nation's first
and only multi-state compact for the EMS profession. REPLICA provides qualified
EMS professionals licensed in a "home state" a legal "privilege
to practice" in "remote states."� Home states are states where
an EMT is licensed; while remote states are other states that have adopted the
REPLICA legislation.