23-27.1-10. Establishment of the interstate commission for emergency medical
services personnel practice.
1. The compact states hereby create and establish a joint public agency known as the
interstate commission for emergency medical services personnel practice.
a. The commission is a body politic and an instrumentality of the compact states.
b. Venue is proper and judicial proceedings by or against the commission must 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.
c. Nothing in this compact may be construed to be a waiver of sovereign immunity.
2. a. Each member state shall have and be limited to one delegate. The responsible
official of the state emergency medical services authority or the official's 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 must
be filled in accordance with the laws of the member state in which the vacancy
exists. If more than one board, office, or other agency with the legislative
mandate to license emergency medical services personnel at and above the level
of emergency medical technician exists, the governor of the state shall determine
which entity is responsible for assigning the delegate.
b. Each delegate is 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.
c. The commission shall meet at least once during each calendar year. Additional
meetings must be held as set forth in the bylaws.
d. All meetings must be open to the public, and public notice of meetings must be
given in the same manner as required under the rulemaking provisions in section
23-27.1-12.
e. The commission may convene in a closed, nonpublic meeting if the commission
must discuss:
(1) Noncompliance of a member state with its obligations under the compact;
(2) 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;
(3) Current, threatened, or reasonably anticipated litigation;
(4) Negotiation of contracts for the purchase or sale of goods, services, or real
estate;
(5) Accusing any person of a crime or formally censuring any person;
(6) Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
(7) Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(8) Disclosure of investigatory records compiled for law enforcement purposes;
(9) Disclosure of information related to any investigatory reports prepared by, on
behalf of, or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues
pursuant to the compact; or
(10) Matters specifically exempted from disclosure by a federal or member state
statute.
f. If a meeting, or portion of a meeting, is closed under this section, 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 must be identified in the minutes. All
minutes and documents of a closed meeting must remain under seal, subject to
release by a majority vote of the commission or order of a court of competent
jurisdiction.
3. The commission shall, by a majority vote of the delegates, prescribe bylaws or rules,
or both, to govern its conduct as may be necessary or appropriate to carry out the
purposes and exercise the powers of the compact, including:
a. Establishing the fiscal year of the commission;
b. Providing reasonable standards and procedures:
(1) For the establishment and meetings of other committees; and
(2) Governing any general or specific delegation of any authority or function of
the commission;
c. 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, which includes the vote of
each member with no proxy votes allowed;
d. Establishing the titles, duties and authority, and reasonable procedures for the
election of the officers of the commission;
e. 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 exclusively govern
the personnel policies and programs of the commission;
f. Promulgating a code of ethics to address permissible and prohibited activities of
commission members and employees;
g. Providing a mechanism for winding up the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of
the compact after the payment or reserving of all of its debts and obligations;
h. The commission shall publish its bylaws and file a copy thereof, and a copy of
any amendment, with the appropriate agency or officer in each of the member
states, if any;
i. The commission shall maintain its financial records in accordance with the
bylaws; and
j. The commission shall meet and take such actions as are consistent with the
provisions of this compact and the bylaws.
4. The commission shall have the following powers:
a. The authority to promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact. The rules have the force and
effect of law and are binding in all member states;
b. To bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any state emergency medical services
authority or other regulatory body responsible for emergency medical services
personnel licensure to sue or be sued under applicable law may not be affected;
c. To purchase and maintain insurance and bonds;
d. To borrow, accept, or contract for services of personnel, including employees of a
member state;
e. To hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact,
and to establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other related personnel
matters;
f. To accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same;
provided that at all times the commission shall strive to avoid any appearance of
impropriety or conflict of interest;
g. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, whether real, personal, or mixed; provided
that at all times the commission shall strive to avoid any appearance of
impropriety;
h. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, whether real, personal, or mixed;
i. To establish a budget and make expenditures;
j. To borrow money;
k. To appoint committees, including advisory committees comprised of members,
state regulators, state legislators or their representatives, and consumer
representatives, and other interested persons as may be designated in this
compact and the bylaws;
l. To provide and receive information from, and to cooperate with, law enforcement
agencies;
m. To adopt and use an official seal; and
n. To perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact consistent with the state regulation of emergency
medical services personnel licensure and practice.
5. a. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The commission may accept appropriate revenue sources, donations, and grants
of money, equipment, supplies, materials, and services.
c. 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 must
be allocated based upon a formula to be determined by the commission, which
shall promulgate a rule binding upon all member states.
d. The commission may not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor may the commission pledge the credit of any of
the member states, except by and with the authority of the member state.
e. The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission are subject to the audit and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the commission must be audited yearly by a
certified or licensed public accountant, and the report of the audit must be
included in and become part of the annual report of the commission.
6. a. The members, officers, executive director, employees and representatives of the
commission are immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act, error, or
omission that occurred, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities. This subdivision may not be construed to
protect any such person from suit or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct of that person.
b. 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 may be construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton
misconduct.
c. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount
of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
