EMS licensure-interstate compact.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0112

ENROLLED ACT NO. 30,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to emergency medical service licensure; adopting the recognition of emergency medical services personnel licensure interstate compact; allowing EMS personnel in one compact state to exercise practice privileges in other member states; approving and specifying terms of the compact; providing for licensure fees; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
36
‑
201 and 33
‑
36
‑
202 are created to read:
ARTICLE 2
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act
(REPLICA)

33
‑
36
‑
201
.

Short title
.

This article shall be known and may be cited as the
"
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act
"
or
"
REPLICA
.
"

33
‑
36
‑
202
.

Compact provisions generally.

The
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act
is enacted into law and entered into on behalf of this state with all other states legally joining in the compact in a 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 in
terstate 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 a
dverse action on a license or
privilege to practic
e; or

2.

I
nvestigative information that indicates that
the individual represents an
immediate threat to public health and safety regardless of whe
ther the individual has been
notified and h
ad an opportunity to respond.

R.

"
State
"
means: any state, commonwealth, district, or terri
tory of the United States.

S.

"
State EMS Authority
"
means: the board, office, or othe
r agency with the legislative
mand
ate to license EMS personnel.

SECTION 3
HOME STATE LICENSURE

A.

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

B.

Any member state may require an individual to obtai
n and retain a license to be
authorized to practice in the member state under circumstances not au
thorized by the privilege to
practice und
er the terms of this compact.

C.

A home state
'
s license authorizes an individual to practic
e in a remote state under the
privilege to pra
ctice 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 in
vestigating complaints about
indi
viduals;

3.

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

4.

No later than five
(5)
years after activation of the
Compact, requires a criminal
background check of all applicants for initial licensure, includi
ng the use of the results of
fingerprint or other biometric data checks compliant with the requirements
of the Federal Bureau
of Investigation with the exception of federal employees who have
suitability determination in
accordance with
5

C
.
F
.
R
.
§

731.202
or subsequent similar federal legislation
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 eighteen (18) years of age;

2.

Possess a current unrestricted license in a m
ember state as an EMT, AEMT,
paramedic, or state recognized and licensed level with a scope of pra
ctice and authority between EMT and paramedic; and

3.

Practice under the superv
ision of a medical director.

C.

An individual providing patient care in a remote state und
er the privilege to practice
shall function within
the scope of practice authorized by the home sta
te 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 indivi
dual 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 s
tate and the Commission.

E.

If an individual
'
s license in any home state is restrict
ed or suspended, the individual
shall not be eligible to practice in a remote state under the privilege to practice until the individual
'
s hom
e 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 remo
te state until the individual
'
s
privil
ege 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 transp
ort to a third member state;

5.

Other conditions as determined by rules pr
omulgated by the C
ommission.

SECTION 6
RELATIONS
HIP 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 pract
icing in the remote
state in r
esponse 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 requirem
ents 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 d
uty tour, and their spouses.

C.

All individuals functioning with a pr
ivilege to practice under this section remain subject to the adverse a
ctions
provisions of section 8
.

SECTION 8
ADVERSE ACTIONS

A.

A home state shall have exclusive power to impose adverse action against an individual
'
s licen
se issued by the home state.

B.

If an individual
'
s license in any home state is restrict
ed or suspended, the individual
shall not be eligible to practice in a remote state under the privilege to practice until the individual
'
s hom
e 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 r
emote 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 pra
ctice 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 app
ropriate 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 INVE
STED 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 at
tendance 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 T
HE 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 instrument
ality 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 dis
pute resolution proceedings.

3.

Nothing in this Compact shall be construed to be a waiver of sov
ereign immunity.

B.

Memb
ership, 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 o
ffice 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
(1)
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 wit
h regard to the promulgation of
rules and creation of bylaws and shall otherwise have an oppor
tunity 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 o
ther means of communication.

3.

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

4.

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

5.

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

a.

Non
‑
compliance of a member state with its ob
ligations 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 personn
el practices and procedures;

c.

Current, threatened, or reason
ably 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 fo
rmally 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 unwarrante
d invasion of personal privacy;

h.

Disclosure of investigatory records compiled
for law enforcement purposes;

i.

Disclosure of information related to any inves
tigatory 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 C
ompact; 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 accurat
e 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 c
ourt 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 C
ompact, i
ncluding but not limited to:

1.

Establishing the fi
scal year of the Commission;

2.

Providing reasonab
le standards and procedures:

a.

F
or the establishment and meeti
ngs of other committees; and

b.

G
overning any general or specific delegation of any authority or fun
ction 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. Notwithstan
ding any civil service or other
similar laws of any member state, the bylaws shall exclusively govern the personnel policies and progra
ms of the Commission;

6.

Promulgating a code of ethics to address permissible and prohibited activities of Commi
ssion 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 al
l 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 th
e member states, if any.

9.

The Commission shall maintain its financial records in acc
ordance 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 shal
l 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 shal
l not be affected;

3.

To purchase and m
aintain 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 othe
r 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 proper
ty real, personal, or mixed;

9.

To establish a budget an
d 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 person
s as may be designated in this C
ompact and the bylaws;

12.

To provide and receive information from, and to cooperate with, law enforcement agencies;

13.

To adopt a
nd 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, sup
plies, 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 u
pon 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 p
art 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 fo
r 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 wanto
n 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 ar
ising 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 w
illful 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 a
ny 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, prov
ided that the actual or alleged
act, error, or omission did not result from the intentional or willful or wanton mi
sconduct 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 ind
ividuals 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 indi
viduals to wh
om this C
ompact is
applicable as required by the rules of the Commission, includ
ing:

1.

Identifying information;

2.

Licensure data;

3.

Significan
t investigatory information;

4.

Adverse actions agai
nst 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 altern
ative program participation;

7.

Any denial of application for licensure, and the re
ason(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 mem
ber 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 t
he information shall be removed
fr
om the coordinated database.

SECTION 12
RULEMAKING

A.

The Commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this s
ection and the rules adopted thereunder. Rules and ame
ndments shall become binding as
of the date specifie
d in each rule or amendment.

B.

If a majority of the legislatures of the mem
ber states reject
a rule, by enactment of a statute or resolution in the same manner used to adopt the Compac
t,
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 me
eting 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 ru
le will be considered and voted
upon, the Commission shall file a
Notice of Proposed Rulemaking:

1.

On the we
bsite of the Commission; and

2.

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

E.

The Notice of Propos
ed 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 r
eason for the proposed rule;

3.

A request for comments on the proposed rule fro
m any interested person; and

4.

The manner in which interested persons may submit notice to the Commission of their intention to attend the public heari
ng 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 m
ade available to the public.

G.

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

1.

At lea
st twenty
‑
five (25) persons;

2.

A government
al subdivision or agency; or

3.

An association having at lea
st twenty
‑
five (25) members.

H.

If a hearing is held on the proposed rule or amendmen
t, the Commission shall publish
the place, time, and date of t
he 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 t
o comment orally or in writing.

3.

No transcript of the hearing is required, unless a writ
ten 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 unde
r 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 r
equired 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 an
d the full text of the rule.

K.

If no written notice of intent to attend the public heari
ng by interested parties is
received, the Commission may proceed with promulgation of the proposed rule w
ithout 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 he
aring, 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 prov
ision, 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 Commi
ssion 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 m
ember state shall
enforce this C
ompact and take all actions necessary and
appropriate to effectuate the C
ompact
'
s purposes and inte
nt. The provisions of this C
ompact 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 t
o the subject matter of this C
ompact 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 proceedi
ng 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 C
ompact 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 C
ompact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurre
d during the period of default.

3.

Te
rmination of membership in the C
ompact 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 terminat
ion, including obligations that
extend beyond the ef
fective date of termination.

5.

The Commission shall not bear any costs related to a state that is found to be in default or tha
t has been terminated from the C
ompact, unless agreed upon in writing between the Commissi
on 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 reason
able attorney
'
s fees.

C.

Dispute Resolution.

1.

Upon request by a member state, the Commission shall attempt to r
esolve disputes related to the C
ompact that arise among member states and between membe
r and non
‑
member states.

2.

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

D.

Enforcement.

1.

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

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 co
mpliance with the provisions of
the C
ompact 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, includ
ing reasonable attorney
'
s fees.

3.

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

SECTION 14
DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PE
RSONNEL PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL, AND AMENDMENT

A.

The C
ompact shall come into e
ffect on the date on which the C
ompact 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 C
ompact.

B.

Any state that joins the C
ompact 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 C
ompact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force an
d effect of law on the day the C
om
pact 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 enac
tment 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 th
e effective date of withdrawal.

D.

Nothing contained in this C
ompact 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 C
ompact.

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 C
ompact shall be held contrary to the constitution of
any state member thereto, the C
ompact shall remain in full force and effect as to the remaining
member states. Nothing in this C
ompact supersedes state law or rules related to licensure of EMS

Section 2
.

W.S.
33
‑
1
‑
116 by creating a new subsection (f), 33
‑
36
‑
102(a)(v) and (x), 33
‑
36
‑
103 by creating new subsections (e) through (g), 33
‑
36
‑
108(a)(vi) and (vii) and by creating a new paragraph (viii), 33
‑
36
‑
110
(a)(i), (b),
(h) and by creating new subsection
s
(j)
and (k)
, 33
‑
3
6
‑
111(a), 33
‑
36
‑
112 and 33
‑
36
‑
113
are
amended to read:

33
‑
1
‑
116
.

Professional and occupational licensure of military service members
.

(f)

Any emergency medical service license sought under W.S. 33
‑
26
‑
101 through 33
‑
26
‑
113 by a veteran of military service, by a military service member
except a member of the national guard, by a national guard member separating from an active duty tour
or by
the spouse of any of these persons
shall be processed and considered pursuant to the requirements of the Recognition of Emergency Medical
Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202.

33
‑
36
‑
102.

Definitions
.

(a)

As used in this act:

(v)

"
Division
"
means the designated division of the department of health
which division shall be the
s
tate EMS
a
uthority for purposes of the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202
;

(x)

"
Emergency medical technician
"
means a person who has graduated from a division approved training program for emergency medical technicians
and for purposes of the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act
means as defined in W.S. 33
‑
26
‑
202
;

33
‑
36
‑
103
.

Rules and regulations; procedure; initiation of proceedings
.

(e)

The division shall
recognize the practice requirements of the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202,
and shall prescribe any rules neces
sary for implementation of the c
ompact.

(f)

The division shall administer the provisions of the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202
, including factoring the annual
assessment required under the c
ompact into its bienni
al
budget
if sufficient revenue is not
collected pursuant to W.S. 33
‑
36
‑
110
to cover the costs of the assessment
.

(g)

The division shall consider and process licenses for veterans of military se
rvice, military service members and
the spouses of military service members pursuant to the requirements of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202.

33
‑
36
‑
110
.

Emergency medical technician licensing; persons eligible; biennial fee; renewal; waiver of requirements
.

(a)

An emergency medical technician license shall be granted by the division to any individual who:

(i)

Submits an application for a license to the division
and pays the fee established pursuant to subsection (k) of this section
;

(b)

Each emergency medical technician license shall expire every other year at a date determined by the division and may be renewed for a period of two (2) years upon application
and payment of the fee established pursuant to subsection (k) of this section
. An initial or renewal license may be granted by the division once to each person for a period not to exceed three (3) years if educational requirements for the period are satisfied. The division shall determine whether an applicant is eligible for an initial or renewal license.

(h)

To the extent the right to practice in Wyoming is not already provided by the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact
Act, W.S. 33
‑
36
‑
202
,
and i
f necessary to manage an emergency in this state, the division may issue temporary emergency medical technician licenses to emergency medical technicians who are retired, who have an inactive license or who are licensed in another state without a valid Wyoming license. The temporary license shall be valid for not more than ninety (90) days and be issued pursuant to a streamlined procedure established by rules and regulations promulgated by the division.

(j)

The division shall recognize the right of emergency medical technician personnel licensed in another state to practice in Wyoming to the extent required by the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202
.

(k)

The division shall establish in rule and regulation fees for issuing initial or renewal licenses under this section. Fees established pursuant to this section shall be in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the provisions of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202, including the costs of the assessment required under the compact.

33
‑
36
‑
111
.

Authorized acts of emergency medical technicians
.

(a)

An individual who holds a valid emergency medical technician license issued by the division is authorized to perform any act authorized by division rules and regulations, under written or oral authorization of a licensed physician
, and may provide emergency medical
technician services in other states as permitted by the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202
.

33
‑
36
‑
112
.

Enjoining or restraining unlawful acts
.

Wh
enever any person has engaged or is about to engage in any acts or practices which constitute a violation of W.S. 33
‑
36
‑
103
,

or

33
‑
36
‑
111
or the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202
,
the division may make application to the appropriate court for an order enjoining those acts, and upon a showing by the division that the person has engaged or is about to engage in any illegal act, an injunction, restraining order or other appropriate order shall be granted by the court without bond.

The division shall comply with the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202,
when taking any action under this section.

33
‑
36
‑
113
.

Violations; penalties; proceedings
.

Any person who violates any of the provisions of W.S. 33
‑
36
‑
103
,

or

33
‑
36
‑
111

or the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act, W.S. 33
‑
36
‑
202,
is guilty of a misdemeanor and upon conviction shall be fined not more than four hundred dollars ($400.00) or imprisoned in the county jail not more than six (6) months, or both. If the division has reason to believe that any individual is liable to punishment under this section, it may certify the facts to the attorney general of Wyoming who may take appropriate action.
The division shall comply with the
Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act
when taking any action under this section.

Section
3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of
the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1