MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Welfare
By: Senator(s) Kirby, Dearing
Senate Bill 2828
(As Sent to Governor)
AN ACT TO ENACT THE EMS PERSONNEL LICENSURE INTERSTATE
COMPACT TO FACILITATE THE MOVEMENT OF EMS PERSONNEL ACROSS STATE BOUNDARIES IN
THE PERFORMANCE OF THEIR EMS DUTIES; TO PROVIDE THAT THE PROVISIONS OF THE
COMPACT SHALL BE IMPLEMENTED BY THE STATE DEPARTMENT OF HEALTH AS LICENSING
ENTITY; TO AMEND SECTIONS 41-59-3, 41-59-29, 41-59-33 AND 41-59-35, MISSISSIPPI
CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
The EMS Personnel Licensure Compact is enacted into law and entered into by
this state with any and all states legally joining in the Compact in accordance
with its terms in the form substantially as follows:
EMS
PERSONNEL LICENSURE INTERSTATE COMPACT
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:
(a) Increase public access to
EMS personnel;
(b) Enhance the states' ability to protect the public's
health and safety, especially patient safety;
(c) Encourage the cooperation
of member states in the areas of EMS personnel licensure and regulation;
(d) Support licensing of
military members who are separating from an active duty tour and their spouses;
(e) Facilitate the exchange of
information between member states regarding EMS personnel licensure, adverse
action and significant investigatory information;
(f) Promote compliance with the
laws governing EMS personnel practice in each member state; and
(g) Invest all member states
with the authority to hold EMS personnel accountable through the mutual
recognition of member state licenses.
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, nondisciplinary substance abuse recovery
program approved by a state EMS authority.
(d) "Certification"
means the successful verification of entry-level cognitive and psychomotor
competency using a reliable, validated, and legally defensible examination.
(e) "Commission"
means the national administrative body of which all states that have enacted
the Compact are members.
(f) "Emergency Medical
Technician (EMT)" means an individual licensed with cognitive knowledge
and a scope of practice that corresponds to that level in the National EMS
Education Standards and National EMS Scope of Practice Model.
(g) "Home state"
means a member state where an individual is licensed to practice emergency
medical services.
(h) "License" means
the authorization by a state for an individual to practice as an EMT, AEMT,
paramedic, or a level in between EMT and paramedic.
(i) "Medical
director" means a physician licensed in a member state who is accountable
for the care delivered by EMS personnel.
(j) "Member state"
means a state that has enacted this Compact.
(k) "Privilege to
practice" means an individual's authority to deliver emergency medical
services in remote states as authorized under this Compact.
(l) "Paramedic" means
an individual licensed with cognitive knowledge and a scope of practice that
corresponds to that level in the National EMS Education Standards and National
EMS Scope of Practice Model.
(m) "Remote state"
means a member state in which an individual is not licensed.
(n) "Restricted"
means the outcome of an adverse action that limits a license or the privilege
to practice.
(o) "Rule" means a
written statement by the Interstate Commission 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:
(i) 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
(ii) Investigative
information that indicates that the individual represents an immediate threat
to public health and safety regardless of whether the individual has been
notified and had an opportunity to respond.
(r) "State" means 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.
(1) Any member state in which an individual holds a current license shall be
deemed a home state for purposes of this Compact.
(2) 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.
(3) A home state's license
authorizes an individual to practice in a remote state under the privilege to
practice only if the home state:
(a) 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;
(b) Has a mechanism in place
for receiving and investigating complaints about individuals;
(c) Notifies the Commission, in
compliance with the terms herein, of any adverse action or significant
investigatory information regarding an individual;
(d) No later than five (5)
years after activation of the Compact, requires a criminal background check of
all applicants for initial licensure, including the use of the results of
fingerprint or other biometric data checks compliant with the requirements of
the Federal Bureau of Investigation with the exception of federal employees who
have suitability determination in accordance with US CFR Section 731.202 and
submit documentation of such as promulgated in the rules of the Commission; and
(e) Complies with the rules of
the Commission.
Section 4. Compact privilege to practice. (1) Member states shall recognize the privilege to practice of an
individual licensed in another member state that is in conformance with Section
3.
(2) To exercise the privilege to
practice under the terms and provisions of this Compact, an individual must:
(a) Be at least eighteen (18)
years of age;
(b) 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
(c) Practice under the
supervision of a medical director.
(3) An individual providing patient
care in a remote state under the privilege to practice shall function within
the scope of practice authorized by the home state unless and until modified by
an appropriate authority in the remote state as may be defined in the rules of
the Commission.
(4) Except as provided in Section
4(3), an individual practicing in a remote state will be subject to the remote
state's authority and laws. A remote state may, in accordance with due process
and that state's laws, restrict, suspend, or revoke an individual's privilege
to practice in the remote state and may take any other necessary actions to
protect the health and safety of its citizens. If a remote state takes action
it shall promptly notify the home state and the Commission.
(5) If an individual's license in
any home state is restricted or suspended, the individual shall not be eligible
to practice in a remote state under the privilege to practice until the
individual's home state license is restored.
(6) If an individual's privilege to
practice in any remote state is restricted, suspended, or revoked the
individual shall not be eligible to practice in any remote state until the
individual's privilege to practice is restored.
Section 5. Conditions of
practice in a remote state. An individual may practice in a remote state under a
privilege to practice only in the performance of the individual's EMS duties as
assigned by an appropriate authority, as defined in the rules of the
Commission, and under the following circumstances:
(a) The individual originates a patient transport in a
home state and transports the patient to a remote state;
(b) The individual originates
in the home state and enters a remote state to pick up a patient and provide
care and transport of the patient to the home state;
(c) The individual enters a
remote state to provide patient care and/or transport within that remote state;
(d) The individual enters a
remote state to pick up a patient and provide care and transport to a third
member state;
(e) Other conditions as
determined by rules promulgated by the Commission.
Section 6. Relationship to Emergency Management Assistance Compact. Upon a
member state's governor's declaration of a state of emergency or disaster that
activates the Emergency Management Assistance Compact (EMAC), all relevant
terms and provisions of EMAC shall apply and to the extent any terms or
provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail
with respect to any individual practicing in the remote state in response to
such declaration.
Section 7. Veterans, service members separating from active duty
military, and their spouses. (1) Member
states shall consider a veteran, active military service member, and member of
the National Guard and Reserves separating from an active duty tour, and a
spouse thereof, who holds a current valid and unrestricted NREMT certification
at or above the level of the state license being sought as satisfying the
minimum training and examination requirements for such licensure.
(2) Member states shall expedite the
processing of licensure applications submitted by veterans, active military
service members, and members of the National Guard and Reserves separating from
an active duty tour, and their spouses.
(3) All individuals functioning with a privilege to practice under this
section remain subject to the adverse actions provisions of Section 8.
Section 8. Adverse actions. (1) A home state shall have exclusive power to impose
adverse action against an individual's license issued by the home state.
(2) If an individual's license in
any home state is restricted or suspended, the individual shall not be eligible
to practice in a remote state under the privilege to practice until the
individual's home state license is restored.
(a) All home state adverse
action orders shall include a statement that the individual's Compact
privileges are inactive. The order may allow the individual to practice in
remote states with prior written authorization from both the home state and
remote state's EMS authority.
(b) 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.
(3) 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.
(4) A remote state may take adverse
action on an individual's privilege to practice within that state.
(5) 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.
(6) A home state's EMS authority
shall investigate and take appropriate action with respect to reported conduct
in a remote state as it would if such conduct had occurred within the home
state. In such cases, the home state's law shall control in determining the appropriate
adverse action.
(7) Nothing in this Compact shall
override a member state's decision that participation in an alternative program
may be used in lieu of adverse action and that such participation shall remain
nonpublic if required by the member state's laws. Member states must require
individuals who enter any alternative programs to agree not to practice in any
other member state during the term of the alternative program without prior
authorization from such other member state.
Section 9. Additional powers invested in a member state's EMS
authority. A member state's EMS authority, in addition to any other powers granted
under state law, is authorized under this Compact to:
(a) Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses and the production of
evidence. Subpoenas issued by a member state's EMS authority for the
attendance and testimony of witnesses, 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
(b) 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. (1) The Compact states hereby create and establish a
joint public agency known as the Interstate Commission for EMS 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 shall be brought solely and
exclusively in a court of competent jurisdiction where the principal office of
the Commission is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings.
(c) Nothing in this Compact
shall be construed to be a waiver of sovereign immunity.
(2) Membership, voting, and
meetings.
(a) Each member state shall
have and be limited to one (1) delegate. The responsible official of the state
EMS authority or his designee shall be the delegate to this Compact for each
member state. Any delegate may be removed or suspended from office as provided
by the law of the state from which the delegate is appointed. Any vacancy
occurring in the Commission shall be filled in accordance with the laws of the
member state in which the vacancy exists. In the event that more than one (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.
(b) Each delegate shall be
entitled to one (1) vote with regard to the promulgation of rules and creation
of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the Commission. A delegate shall vote in person or by
such other means as provided in the bylaws. The bylaws may provide for
delegates' participation in meetings by telephone or other means of
communication.
(c) The Commission shall meet
at least once during each calendar year. Additional meetings shall be held as
set forth in the bylaws.
(d) 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.
(e) The Commission may convene
in a closed, nonpublic meeting if the Commission must discuss:
(i) Noncompliance of a
member state with its obligations under the Compact;
(ii) 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;
(iii) Current, threatened,
or reasonably anticipated litigation;
(iv) Negotiation of
contracts for the purchase or sale of goods, services, or real estate;
(v) Accusing any person of
a crime or formally censuring any person;
(vi) Disclosure of trade
secrets or commercial or financial information that is privileged or
confidential;
(vii) Disclosure of
information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(viii) Disclosure of
investigatory records compiled for law enforcement purposes;
(ix) Disclosure of
information related to any investigatory reports prepared by or on behalf of or
for use of the Commission or other committee charged with responsibility of
investigation or determination of compliance issues pursuant to the Compact; or
(x) Matters specifically
exempted from disclosure by federal or member state statute.
(f) If a meeting, or portion of
a meeting, is closed pursuant to this provision, the Commission's legal counsel
or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision. The Commission shall keep minutes that
fully and clearly describe all matters discussed in a meeting and shall provide
a full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed. All documents considered in
connection with an action shall be identified in such minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Commission or order of a court of competent jurisdiction.
(3) The Commission shall, by a
majority vote of the delegates, prescribe bylaws and/or rules to govern its
conduct as may be necessary or appropriate to carry out the purposes and
exercise the powers of the Compact, including but not limited to:
(a) Establishing the fiscal
year of the Commission;
(b) Providing reasonable
standards and procedures:
(i) For the establishment
and meetings of other committees; and
(ii) 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 revealing 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 shall 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 and/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 thereto,
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;
(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 shall have the force and effect of law and shall be
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 EMS authority or other regulatory body responsible for
EMS personnel licensure to sue or be sued under applicable law shall not be
affected;
(c) To purchase and maintain
insurance and bonds;
(d) To borrow, accept, or
contract for services of personnel, including, but not limited to, 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 and/or
conflict of interest;
(g) 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;
(h) To sell convey, mortgage,
pledge, lease, exchange, abandon, or otherwise dispose of any property 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 such
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 EMS personnel licensure and
practice.
(5) Financing of the Commission.
(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
any and all 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 shall 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 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.
(e) The Commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Commission shall be audited yearly by a
certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
(6) Qualified immunity, defense, and
indemnification.
(a) The members, officers,
executive director, employees and representatives of the Commission shall be
immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act,
error or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities; provided that nothing in
this paragraph shall be construed to protect any such person from suit and/or
liability for any damage, loss, injury, or liability caused by the intentional
or willful or wanton misconduct of that person.
(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 shall be construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or alleged act, error,
or omission did not result from that person's intentional or willful or wanton
misconduct.
(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.
Section 11. Coordinated database.
(1) 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.
(2) 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:
(a) Identifying information;
(b) Licensure data;
(c) Significant investigatory
information;
(d) Adverse actions against an
individual's license;
(e) An indicator that an
individual's privilege to practice is restricted, suspended or revoked;
(f) Nonconfidential information
related to alternative program participation;
(g) Any denial of application
for licensure, and the reason(s) for such denial; and
(h) Other information that may
facilitate the administration of this Compact, as determined by the rules of
the Commission.
(3) 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.
(4) 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.
(5) Any information submitted to the
coordinated database that is subsequently required to be expunged by the laws
of the member state contributing the information shall be removed from the
coordinated database.
Section 12. Rulemaking. (1) The
Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or amendment.
(2) If a majority of the
Legislatures of the member states rejects a rule, by enactment of a statute or
resolution in the same manner used to adopt the Compact, then such rule shall
have no further force and effect in any member state.
(3) Rules or amendments to the rules
shall be adopted at a regular or special meeting of the Commission.
(4) Prior to promulgation and
adoption of a final rule or rules by the Commission, and at least sixty (60)
days in advance of the meeting at which the rule will be considered and voted
upon, the Commission shall file a Notice of Proposed Rulemaking:
(a) On the website of the
Commission; and
(b) On the website of each
member state EMS authority or the publication in which each state would
otherwise publish proposed rules.
(5) The Notice of Proposed
Rulemaking shall include:
(a) The proposed time, date,
and location of the meeting in which the rule will be considered and voted
upon;
(b) The text of the proposed
rule or amendment and the reason for the proposed rule;
(c) A request for comments on
the proposed rule from any interested person; and
(d) The manner in which
interested persons may submit notice to the Commission of their intention to
attend the public hearing and any written comments.
(6) Prior to adoption of a proposed
rule, the Commission shall allow persons to submit written data, facts,
opinions, and arguments, which shall be made available to the public.
(7) The Commission shall grant an
opportunity for a public hearing before it adopts a rule or amendment if a
hearing is requested by:
(a) At least twenty-five (25)
persons;
(b) A governmental subdivision
or agency; or
(c) An association having at
least twenty-five (25) members.
(8) 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.
(a) 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.
(b) Hearings shall be conducted
in a manner providing each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
(c) No transcript of the
hearing is required, unless a written request for a transcript is made, in
which case the person requesting the transcript shall bear the cost of
producing the transcript. A recording may be made in lieu of a transcript
under the same terms and conditions as a transcript. This subsection shall not
preclude the Commission from making a transcript or recording of the hearing if
it so chooses.
(d) Nothing in this section
shall be construed as requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the Commission at hearings required by this
section.
(9) 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.
(10) 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.
(11) If no written notice of intent
to attend the public hearing by interested parties is received, the Commission
may proceed with promulgation of the proposed rule without a public hearing.
(12) Upon determination that an
emergency exists, the Commission may consider and adopt an emergency rule
without prior notice, opportunity for comment, or hearing, provided that the
usual rulemaking procedures provided in the Compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event
later than ninety (90) days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must be adopted
immediately in order to:
(a) Meet an imminent threat to
public health, safety, or welfare;
(b) Prevent a loss of
Commission or member state funds;
(c) Meet a deadline for the
promulgation of an administrative rule that is established by federal law or
rule; or
(d) Protect public health and
safety.
(13) 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. (1) Oversight:
(a) The executive, legislative,
and judicial branches of state government in each member state shall enforce
this Compact and take all actions necessary and appropriate to effectuate the
Compact's purposes and intent. The provisions of this Compact and the rules
promulgated hereunder shall have standing as statutory law.
(b) All courts shall take
judicial notice of the Compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this Compact
which may affect the powers, responsibilities or actions of the Commission.
(c) The Commission shall be
entitled to receive service of process in any such proceeding, and shall have
standing to intervene in such a proceeding for all purposes. Failure to
provide service of process to the Commission shall render a judgment or order
void as to the Commission, this Compact, or promulgated rules.
(2) Default, technical assistance
and termination.
(a) 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:
(i) 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
(ii) Provide remedial
training and specific technical assistance regarding the default.
(b) 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.
(c) Termination of membership
in the Compact shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or terminate shall
be given by the Commission to the Governor, the majority and minority leaders
of the defaulting state's Legislature, and each of the member states.
(d) 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.
(e) 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.
(f) The defaulting state may
appeal the action of the Commission by petitioning the United States District
Court for the District of Columbia or the federal district where the Commission
has its principal offices. The prevailing member shall be awarded all costs of
such litigation, including reasonable attorney's fees.
(3) Dispute resolution.
(a) 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 nonmember states.
(b) The Commission shall
promulgate a rule providing for both mediation and binding dispute resolution
for disputes as appropriate.
(4) Enforcement.
(a) The Commission, in the
reasonable exercise of its discretion, shall enforce the provisions and rules
of this Compact.
(b) By majority vote, the
Commission may initiate legal action in the United States District Court for
the District of Columbia or the federal district where the Commission has its
principal offices against a member state in default to enforce compliance with
the provisions of the Compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be awarded all costs of
such litigation, including reasonable attorney's fees.
(c) The remedies herein shall
not be the exclusive remedies of the Commission. The Commission may pursue any
other remedies available under federal or state law.
Section 14. Date of implementation of the Interstate Commission
for EMS personnel practice and
associated rules, withdrawal, and amendment.
(1) The Compact shall come into effect
on the date on which the Compact statute is enacted into law in the tenth
member state. The provisions, which become effective at that time, shall be
limited to the powers granted to the Commission relating to assembly and the
promulgation of rules. Thereafter, the Commission shall meet and exercise
rulemaking powers necessary to the implementation and administration of the
Compact.
(2) Any state that joins the Compact
subsequent to the Commission's initial adoption of the rules shall be subject
to the rules as they exist on the date on which the Compact becomes law in that
state. Any rule that has been previously adopted by the Commission shall have
the full force and effect of law on the day the Compact becomes law in that
state.
(3) Any member state may withdraw
from this Compact by enacting a statute repealing the same.
(a) A member state's withdrawal
shall not take effect until six (6) months after enactment of the repealing
statute.
(b) Withdrawal shall not affect
the continuing requirement of the withdrawing state's EMS authority to comply
with the investigative and adverse action reporting requirements of this act
prior to the effective date of withdrawal.
(4) Nothing contained in this
Compact shall be construed to invalidate or prevent any EMS personnel licensure
agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this Compact.
(5) This Compact may be amended by
the member states. No amendment to this Compact shall become effective and
binding upon any member state until it is enacted into the laws of all member
states.
Section 15. Construction and severability. This Compact shall be
liberally construed so as to effectuate the purposes thereof. If this Compact
shall be held contrary to the Constitution of any state member thereto, the
Compact shall remain in full force and effect as to the remaining member
states. Nothing in this Compact supersedes state law or rules related to
licensure of EMS agencies.
SECTION 2.
The term "State EMS Authority," as referred to in Section 2 of the
EMS Personnel Licensure Interstate Compact, means the Mississippi State Board
of Health acting through the Mississippi State Department of Health.
SECTION 3. Section
41-59-3, Mississippi Code of 1972, is amended as follows:
41-59-3. As used in this
chapter, unless the context otherwise requires, the term:
(a)
"Ambulance" means any privately or publicly owned land or air vehicle
that is especially designed, constructed, modified or equipped to be used, maintained
and operated upon the streets, highways or airways of this state to assist
persons who are sick, injured, wounded, or otherwise incapacitated or helpless;
(b) "Permit"
means an authorization issued for an ambulance vehicle and/or a special use EMS
vehicle as meeting the standards adopted under this chapter;
(c)
"License" means an authorization to any person, firm, corporation, or
governmental division or agency to provide ambulance services in the State of
Mississippi;
(d) "Emergency
medical technician" means an individual who possesses a valid emergency
medical technician's certificate issued under the provisions of this chapter or
who has a privilege to practice under the Recognition of Emergency Medical
Services Personnel Licensure Interstate Compact;
(e)
"Certificate" means official acknowledgment that an individual has
successfully completed (i) the recommended basic emergency medical technician
training course referred to in this chapter which entitles that individual to
perform the functions and duties of an emergency medical technician, or (ii)
the recommended medical first responder training course referred to in this
chapter which entitles that individual to perform the functions and duties of a
medical first responder;
(f) "Board"
means the State Board of Health;
(g)
"Department" means the State Department of Health, Division of
Emergency Medical Services;
(h) "Executive
officer" means the Executive Officer of the State Board of Health, or his
designated representative;
(i) "First
responder" means a person who uses a limited amount of equipment to
perform the initial assessment of and intervention with sick, wounded or
otherwise incapacitated persons;
(j) "Medical
first responder" means a person who uses a limited amount of equipment to
perform the initial assessment of and intervention with sick, wounded or
otherwise incapacitated persons who (i) is trained to assist other EMS
personnel by successfully completing, and remaining current in refresher
training in accordance with, an approved "First Responder: National
Standard Curriculum" training program, as developed and promulgated by the
United States Department of Transportation; (ii) is nationally registered as a
first responder by the National Registry of Emergency Medical Technicians; and
(iii) is certified as a medical first responder by the State Department of
Health, Division of Emergency Medical Services;
(k) "Invalid
vehicle" means any privately or publicly owned land or air vehicle that is
maintained, operated and used only to transport persons routinely who are
convalescent or otherwise nonambulatory and do not require the service of an
emergency medical technician while in transit;
(l) "Special use
EMS vehicle" means any privately or publicly owned land, water or air
emergency vehicle used to support the provision of emergency medical services.
These vehicles shall not be used routinely to transport patients;
(m) "Trauma care
system" or "trauma system" means a formally organized
arrangement of health care resources that has been designated by the department
by which major trauma victims are triaged, transported to and treated at trauma
care facilities;
(n) "Trauma care
facility" or "trauma center" means a hospital located in the
State of Mississippi or a Level I trauma care facility or center located in a
state contiguous to the State of Mississippi that has been designated by the
department to perform specified trauma care services within a trauma care
system pursuant to standards adopted by the department;
(o) "Trauma
registry" means a collection of data on patients who receive hospital care
for certain types of injuries. Such data are primarily designed to ensure
quality trauma care and outcomes in individual institutions and trauma systems,
but have the secondary purpose of providing useful data for the surveillance of
injury morbidity and mortality;
(p) "Emergency
medical condition" means a medical condition manifesting itself by acute
symptoms of sufficient severity, including severe pain, psychiatric
disturbances and/or symptoms of substance abuse, such that a prudent layperson
who possesses an average knowledge of health and medicine could reasonably
expect the absence of immediate medical attention to result in placing the
health of the individual (or, with respect to a pregnant woman, the health of
the woman or her unborn child) in serious jeopardy, serious impairment to
bodily functions, or serious dysfunction of any bodily organ or part;
(q) "Emergency
medical call" means a situation that is presumptively classified at time
of dispatch to have a high index of probability that an emergency medical
condition or other situation exists that requires medical intervention as soon
as possible to reduce the seriousness of the situation, or when the exact
circumstances are unknown, but the nature of the request is suggestive of a
true emergency where a patient may be at risk;
(r) "Emergency
response" means responding immediately at the basic life support or
advanced life support level of service to an emergency medical call. An
immediate response is one in which the ambulance supplier begins as quickly as
possible to take the steps necessary to respond to the call;
(s) "Emergency
mode" means an ambulance or special use EMS vehicle operating with
emergency lights and warning siren (or warning siren and air horn) while
engaged in an emergency medical call.
SECTION 4. Section
41-59-29, Mississippi Code of 1972, is amended as follows:
41-59-29. From and after
January 1, 1976, every ambulance, except those specifically excluded from the
provisions of this chapter, when transporting patients in this state, shall be
occupied by at least one (1) person who possesses a valid emergency medical
technician state certificate, or person who has a privilege to practice
under the Recognition of Emergency Medical Services Personnel Licensure
Interstate Compact; or medical/nursing license and a driver with a valid
resident driver's license.
SECTION 5. Section
41-59-33, Mississippi Code of 1972, is amended as follows:
41-59-33. (1) Any
person desiring certification as an emergency medical technician shall apply to
the board using forms prescribed by the board. Each application for an
emergency medical technician certificate shall be accompanied by a certificate
fee to be fixed by the board, which shall be paid to the board. Any increase
in the fee charged by the board under this section shall be in accordance with
the provisions of Section 41-3-65. Upon the successful completion of the
board's approved emergency medical technical training program, the board shall
make a determination of the applicant's qualifications as an emergency medical
technician as set forth in the regulations promulgated by the board, and shall
issue an emergency medical technician certificate to the applicant.
(2) Any person who
desires to exercise the privilege to practice under the Recognition of Emergency Medical Services Personnel
Licensure Interstate Compact must complete the terms and provisions of
the Compact as prescribed in Section 1 of this act.
SECTION 6. Section
41-59-35, Mississippi Code of 1972, is amended as follows:
41-59-35. (1) An emergency
medical technician certificate so issued shall be valid for a period not
exceeding two (2) years from the date of issuance and may be renewed upon
payment of a renewal fee to be fixed by the board, which shall be paid to the
board, provided that the holder meets the qualifications set forth in this
Chapter 59 and Chapter 60 and rules and regulations promulgated by the board.
Any increase in the fee charged by the board under this subsection shall be in
accordance with the provisions of Section 41-3-65.
(2) The board is authorized
to suspend or revoke a certificate so issued at any time it is determined that the
holder no longer meets the prescribed qualifications.
(3) It shall be unlawful
for any person, corporation or association to, in any manner, represent himself
or itself as an Emergency Medical Technician-Basic, Emergency Medical
Technician-Intermediate, Emergency Medical Technician-Paramedic, Emergency
Medical Technician-Paramedic Critical Care, or Emergency Medical Services
Driver, or use in connection with his or its name the words or letters of EMT,
emt, paramedic, critical care paramedic, or any other letters, words,
abbreviations or insignia which would indicate or imply that he or it is an
Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate,
Emergency Medical Technician-Paramedic, Emergency Medical Technician-Paramedic
Critical Care, or Emergency Medical Services Driver, unless certified in
accordance with Chapters 59 and 60 of this title and in accordance with the
rules and regulations promulgated by the board; or a person who has a
privilege to practice under the Recognition of Emergency Medical Services
Personnel Licensure Interstate Compact. It shall be unlawful to employ an
uncertified Emergency Medical Technician-Basic, Emergency Medical Technician-Intermediate,
Emergency Medical Technician-Paramedic, or Emergency Medical Technician-Paramedic
Critical Care to provide basic or advanced life-support services.
(4) Any Emergency Medical
Technician-Basic, Emergency Medical Technician-Intermediate, Emergency Medical
Technician-Paramedic, Emergency Medical Technician-Paramedic Critical Care, or
Emergency Medical Services Driver who violates or fails to comply with these
statutes or the rules and regulations promulgated by the board hereunder shall
be subject, after due notice and hearing, to an administrative fine not to exceed
One Thousand Dollars ($1,000.00).
SECTION 7. This act
shall take effect and be in force from and after July 1, 2017.