§ 24-60-3502 — Compact approved and ratified
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The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:
RECOGNITION OF EMERGENCY MEDICAL SERVICES
PERSONNEL LICENSURE INTERSTATE COMPACT
SECTION 1
PURPOSE
The purpose of this compact is to protect the public through verification of
competency and ensure accountability for patient care-related activities of all
states' licensed 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 the spouses of military members;
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
As used in this compact:
A. Advanced emergency medical technician or 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 that may be imposed against licensed EMS
personnel by a state EMS authority or state court, including 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 or 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, or paramedic or at a level between EMT and paramedic. In
Colorado, this is accomplished through certification or licensure of an emergency
medical services provider pursuant to section 25-3.5-203 (1)(b).
I. Medical director means a physician licensed in a member state who is
accountable for the care delivered by EMS personnel.
J. Member state means a state that has enacted this compact.
K. Privilege to practice means an individual's authority to deliver
emergency medical services in remote states as authorized under this compact.
L. Paramedic means an individual licensed with cognitive knowledge and a
scope of practice that corresponds to that level in the National EMS Education
Standards and National EMS Scope of Practice Model.
M. Remote state means a member state in which an individual is not
licensed.
N. Restricted means the outcome of an adverse action that limits a license
or the privilege to practice.
O. Rule means a written statement by the interstate commission
promulgated pursuant to section 12 of this compact that is of general applicability;
implements, interprets, or prescribes a policy or provision of the compact; or is an
organizational, procedural, or practice requirement of the commission and has the
force and effect of statutory law in a member state. Rule includes the
amendment, repeal, or suspension of an existing rule.
P. Scope of practice means defined parameters of various duties or
services that may be provided by an individual with specific credentials. Whether
regulated by rule, statute, or court decision, it tends to represent the limits of
services an individual may perform.
Q. Significant investigatory information means:
1. Investigative information that a state EMS authority, after a preliminary
inquiry that includes notification and an opportunity to respond if required by state
law, has reason to believe, if proved true, would result in the imposition of an
adverse action on a license or privilege to practice; or
2. Investigative information that indicates that an individual represents an
immediate threat to public health and safety, regardless of whether the individual
has been notified and had an opportunity to respond.
R. State means any state, commonwealth, district, or territory of the United
States.
S. State EMS authority means the board, office, or other agency with the
legislative mandate to license EMS personnel.
SECTION 3
HOME STATE LICENSURE
A. Any member state in which an individual holds a current license is deemed
a home state for purposes of this compact.
B. Any member state may require an individual to obtain and retain a license
to be authorized to practice in the member state under circumstances not
authorized by the privilege to practice under the terms of this compact.
C. A home state's license authorizes an individual to practice in a remote
state under the privilege to practice only if the home state:
1. Currently requires the use of the National Registry of Emergency Medical
Technicians (NREMT) examination as a condition of issuing initial licenses at the
EMT and paramedic levels;
2. Has a mechanism in place for receiving and investigating complaints
about individuals;
3. Notifies the commission, in compliance with the terms of the compact, of
any adverse action or significant investigatory information regarding an individual,
which notification does not waive confidentiality of the investigatory records
protected under section 25-3.5-205 (4), C.R.S.;
4. No later than five years after activation of the compact, requires a criminal
background check of all applicants for initial licensure, including the use of the
results of fingerprint or other biometric data checks compliant with the
requirements of the federal bureau of investigation, with the exception of federal
employees who have suitability determination in accordance with 5 CFR 731.202
(2008), and submits documentation of the requirement 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 of this
compact.
B. To exercise the privilege to practice under the terms and provisions of this
compact, an individual must:
1. Be at least eighteen 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 modified by an appropriate authority in the remote state, as may be defined
in the rules of the commission.
D. Except as provided in subsection C of this section 4, an individual
practicing in a remote state is 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, the remote state 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 is not 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 is not eligible to practice in any remote state
until the individual's privilege to practice is restored.
SECTION 5
CONDITIONS OF PRACTICE IN A REMOTE STATE
A. 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 or transport
within that remote state;
4. The individual enters a remote state to pick up a patient and provide care
and transport to a third member state;
5. Other conditions as determined by rules promulgated by the commission.
SECTION 6
RELATIONSHIP TO EMERGENCY
MANAGEMENT ASSISTANCE COMPACT
Upon a member state's governor's declaration of a state of emergency or
disaster that activates the Emergency Management Assistance Compact (EMAC),
all relevant terms and provisions of EMAC apply, and to the extent any terms or
provisions of this compact conflict with EMAC, the terms of EMAC prevail with
respect to any individual practicing in the remote state in response to the
emergency or disaster 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,
member of the National Guard and Reserves separating from an active duty tour,
and a spouse of the veteran or member, 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 licensure.
B. Member states shall expedite the processing of a license application
submitted by:
1. A veteran, active military service member, or member of the National
Guard and Reserves who is separating from an active duty tour; and
2. The spouse of a veteran or member described in paragraph 1 of this
subsection B.
C. All individuals functioning with a privilege to practice under this section
remain subject to the adverse actions provisions of section 8 of this compact.
SECTION 8
ADVERSE ACTIONS
A. A home state has exclusive power to impose an 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 is not eligible to practice in a remote state under the privilege to practice
until the individual's home state license is restored.
C. All home state adverse action orders must include a statement that the
individual's compact privileges are inactive. The order may allow the individual to
practice in remote states with prior written authorization from both the home state
and remote state's EMS authority.
D. An individual currently subject to an 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.
E. 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.
F. A remote state may take adverse action on an individual's privilege to
practice within that state.
G. 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, as long as each state follows its own procedures for imposing an adverse
action.
H. 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 the conduct
had occurred within the home state. In these cases, the home state's law controls in
determining the appropriate adverse action.
I. Nothing in this compact overrides a member state's decision that
participation in an alternative program may be used in lieu of adverse action and
that participation remains confidential 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 the other member state.
SECTION 9
ADDITIONAL POWERS INVESTED IN A
MEMBER STATE'S EMS AUTHORITY
A. A member state's EMS authority, in addition to any other powers granted
under state law, is authorized under this compact to:
1. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses and the production of evidence. Subpoenas
issued by a member state's EMS authority for the attendance and testimony of
witnesses or the production of evidence from another member state are
enforceable 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's EMS authority shall pay any witness fees, travel
expenses, mileage, and other fees required by the service statutes of the state
where the witnesses or evidence are located; and
2. Issue cease-and-desist orders to restrict, suspend, or revoke an
individual's privilege to practice in the state.
SECTION 10
ESTABLISHMENT OF THE INTERSTATE COMMISSION
FOR EMS PERSONNEL PRACTICE
A. 1. The compact states hereby create and establish a joint public agency
known as the Interstate Commission for EMS Personnel Practice.
2. The commission is a body politic and an instrumentality of the compact
states.
3. 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.
4. Nothing in this compact waives sovereign immunity.
B. Membership, voting, and meetings.
1. Each member state has and is 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. A vacancy occurring in the commission must be filled in accordance with
the laws of the member state in which the vacancy occurs. If more than one board,
office, or other agency with the legislative mandate to license EMS personnel at
and above the level of EMT exists, the governor of the state will determine which
entity is responsible for assigning the delegate.
2. 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
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 must be held as set forth in the bylaws.
4. All meetings are open to the public, and public notice of meetings must be
given in the same manner as required under the rulemaking provisions in section 12
of this compact.
5. The commission may convene in a closed, non-public meeting if the
commission must discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. Employment, compensation, discipline, or other personnel matters,
practices, or procedures related to specific employees or other matters related to
the commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or
real estate;
e. An accusation of a crime against any person or formally censuring any
person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigatory reports prepared by
or on behalf of or for use of the commission or other committee charged with
investigating or determining compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
6. If a meeting or portion of a meeting is closed pursuant to this 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 closed
meeting and shall provide a full and accurate summary of actions taken and the
reasons for the actions, 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.
C. The commission shall, by a majority vote of the delegates, prescribe
bylaws or rules to govern its conduct as may be necessary or appropriate to carry
out the purposes and exercise the powers of the compact, including:
1. Establishing the fiscal year of the commission;
2. Providing reasonable standards and procedures:
a. For 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 commission 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 commission members vote
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 establishing 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;
6. Promulgating a code of ethics to address permissible and prohibited
activities of commission members and employees; and
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 and after the paying or reserving of all of its debts and
obligations.
D. The commission shall publish its bylaws and file a copy of its bylaws and
any amendments to the bylaws with the appropriate agency or officer in each of the
member states, if any.
E. The commission shall maintain its financial records in accordance with the
bylaws.
F. The commission shall meet and take actions consistent with this compact
and commission bylaws.
G. The commission has the following powers:
1. 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.
2. To bring and prosecute legal proceedings or actions in the name of the
commission; except 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 is not affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept, or contract for services of personnel, including
employees of a member state;
5. To hire employees, elect or appoint officers, fix compensation, define
duties, grant those 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 any appropriate donations and grants of money, equipment,
supplies, materials, and services and to receive, utilize, and dispose of donations
and grants; except 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 real, personal, or mixed property; except 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, consumer
representatives, and 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 other functions as may be necessary or appropriate to
achieve the purposes of this compact that are consistent with the state regulation
of EMS personnel licensure and practice.
H. 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 appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations
and activities of the commission and its staff, which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue is not
provided by other sources. The aggregate annual assessment amount must be
allocated based upon a formula to be determined by the commission, which shall
promulgate a rule binding upon all member states.
4. The commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the commission pledge the credit of
any of the member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission 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 commission's annual report.
I. Qualified immunity, defense, and indemnification.
1. 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. Nothing in this paragraph 1 protects any
person from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person.
2. The commission shall defend any member, officer, executive director,
employee, or representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or responsibilities,
unless the actual or alleged act, error, or omission resulted from that person's
intentional or willful or wanton misconduct. Nothing in this paragraph 2 prohibits
that person from retaining his or her own counsel.
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 the person had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, unless the actual or alleged act, error, or
omission resulted from the intentional or willful or wanton misconduct of that
person.
SECTION 11
COORDINATED DATABASE
A. The commission shall provide for the development and maintenance of a
coordinated database and reporting system containing licensure, adverse action,
and significant investigatory information on all licensed individuals in member
states.
B. Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the coordinated database on all
individuals to whom this compact is applicable as required by the rules of the
commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against an individual's license;
5. An indicator that an individual's privilege to practice is restricted,
suspended, or revoked;
6. Nonconfidential information related to alternative program participation;
7. Any denial of an application for licensure and the reason for the 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 must be removed from the coordinated database.
SECTION 12
RULEMAKING
A. The commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this section 12 and the rules adopted under this section 12. Rules
and amendments are binding as of the date specified in the 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, the rule has no further force and effect in any member state.
C. Rules or amendments to the rules must be adopted at a regular or special
meeting of the commission.
D. Prior to promulgating and adopting a final rule, and at least sixty 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 commission's website; and
2. On the website of each member state's EMS authority or the publication in
which each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking must 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 to the commission
notice of intent to attend the public hearing and any written comments.
F. Prior to adopting a proposed rule, the commission shall allow persons to
submit written data, facts, opinions, and arguments, which the commission shall
make available to the public.
G. The commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five persons;
2. A governmental subdivision or agency; or
3. An association having at least twenty-five members.
H. 1. 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.
2. 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.
3. Hearings must be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in
writing.
4. A transcript of the hearing is not 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 4 does not
preclude the commission from making a transcript or recording of the hearing if it
so chooses.
5. Nothing in this section requires 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 the commission does not receive written notice of intent to attend the
public hearing by interested parties, 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, but the usual rulemaking procedures provided in the compact
and in this section must be retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety days after the effective date of the rule. For
the purposes of this subsection L, 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, format, consistency, or grammatical errors. Public notice of any
revisions must be posted on the commission's website. The revision is subject to
challenge by any person for a period of thirty days after posting. The revision may
be challenged only on grounds that the revision results in a material change to a
rule. A challenge must 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 takes effect without further action. If the revision is challenged, the
revision may not take effect without the approval of the commission.
SECTION 13
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive, legislative, and judicial branches of state government in
each member state shall enforce this compact and take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The provisions of this
compact and the rules promulgated under the compact 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 that may affect the powers, responsibilities, or actions of
the commission.
3. The commission is entitled to receive service of process in any judicial or
administrative proceeding and has standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the commission renders 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 may be imposed only after all
other means of securing compliance have been exhausted. The commission shall
give notice of intent to suspend or terminate to the governor of the defaulting state,
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 court shall
award all costs of the litigation, including reasonable attorney's fees, to the
prevailing party.
C. Dispute resolution.
1. Upon request by a member state, the commission shall attempt to resolve
disputes related to the compact that arise among member states and between
member and non-member states.
2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the
commission has its principal offices against a member state in default to enforce
compliance with the compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. If judicial enforcement is
necessary, the court shall award all costs of the litigation, including reasonable
attorney's fees, to the prevailing party.
3. The remedies contained in this section are not the exclusive remedies
available to the commission. The commission may pursue any other remedies
available under federal or state law.
SECTION 14
DATE OF IMPLEMENTATION OF THE
INTERSTATE COMMISSION FOR EMS PERSONNEL
PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The compact takes effect on the date on which the compact statute is
enacted into law in the tenth member state. The provisions that become effective at
that time are 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 implement and administer the compact.
B. Any state that joins the compact after the commission's initial adoption of
the rules is 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 has the full force and effect of law on the day the compact becomes
law in that state.
C. 1. Any member state may withdraw from this compact by enacting a
statute repealing the compact statute.
2. A member state's withdrawal does not take effect until six months after
enactment of the repealing statute.
3. Withdrawal does not affect the continuing requirement of the withdrawing
state's EMS authority to comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of withdrawal.
D. Nothing contained in this compact invalidates or prevents 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. The member states may amend the compact. An amendment to this
compact is not 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 of
the compact. If a court finds that this compact is contrary to the constitution of any
member state, the compact remains in full force and effect as to the remaining
member states. Nothing in this compact supersedes state law or rules related to
licensure of EMS agencies.
Colorado § 24-60-3502 (Compact approved and ratified) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.