This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB736,28,2323 13. To adopt and use an official seal.
SB736,29,3
114. To perform such other functions as may be necessary or appropriate to
2achieve the purposes of this compact consistent with the state regulation of
3emergency medical services personnel licensure and practice.
SB736,29,64 (e) Financing of the commission. 1. The commission shall pay, or provide for
5the payment of, the reasonable expenses of its establishment, organization, and
6ongoing activities.
SB736,29,87 2. The commission may accept any and all appropriate revenue sources,
8donations, and grants of money, equipment, supplies, materials, and services.
SB736,29,159 3. The commission may levy on and collect an annual assessment from each
10member state or impose fees on other parties to cover the cost of the operations and
11activities of the commission and its staff, which must be in a total amount sufficient
12to cover its annual budget as approved each year for which revenue is not provided
13by other sources. The aggregate annual assessment amount shall be allocated based
14upon a formula to be determined by the commission, which shall promulgate a rule
15binding upon all member states.
SB736,29,1816 4. The commission shall not incur obligations of any kind prior to securing the
17funds adequate to meet the same, nor shall the commission pledge the credit of any
18of the member states, except by and with the authority of the member state.
SB736,29,2319 5. The commission shall keep accurate accounts of all receipts and
20disbursements. The receipts and disbursements of the commission shall be subject
21to the audit and accounting procedures established under its bylaws. However, all
22receipts and disbursements of funds handled by the commission shall be included in
23and become part of the annual report of the commission.
SB736,30,824 (f) Qualified immunity, defense, and indemnification. 1. The members,
25officers, executive director, employees, and representatives of the commission shall

1be immune from suit and liability, either personally or in their official capacity, for
2any claim for damage to or loss of property or personal injury or other civil liability
3caused by or arising out of any actual or alleged act, error, or omission that occurred,
4or that the person against whom the claim is made had a reasonable basis for
5believing occurred within the scope of commission employment, duties, or
6responsibilities; provided that nothing in this subdivision shall be construed to
7protect any such person from suit or liability for any damage, loss, injury, or liability
8caused by the intentional, willful, or wanton misconduct of that person.
SB736,30,179 2. The commission shall defend any member, officer, executive director,
10employee, or representative of the commission in any civil action seeking to impose
11liability arising out of any actual or alleged act, error, or omission that occurred
12within the scope of commission employment, duties, or responsibilities, or that the
13person against whom the claim is made had a reasonable basis for believing occurred
14within the scope of commission employment, duties, or responsibilities; provided
15that nothing herein shall be construed to prohibit that person from retaining his or
16her own counsel; and provided further that the actual or alleged act, error, or
17omission did not result from that person's intentional, willful, or wanton misconduct.
SB736,30,2518 3. The commission shall indemnify and hold harmless any member, officer,
19executive director, employee, or representative of the commission for the amount of
20any settlement or judgment obtained against the person arising out of any actual or
21alleged act, error, or omission that occurred within the scope of commission
22employment, duties, or responsibilities, or that such person had a reasonable basis
23for believing occurred within the scope of commission employment, duties, or
24responsibilities, provided that the actual or alleged act, error, or omission did not
25result from the intentional, willful, or wanton misconduct of that person.
SB736,31,4
1(11) Coordinated database. (a) The commission shall provide for the
2development and maintenance of a coordinated database and reporting system
3containing licensure, adverse action, and significant investigatory information on all
4licensed individuals in member states.
SB736,31,85 (b) Notwithstanding any other provision of state law to the contrary, a member
6state shall submit a uniform data set to the coordinated database on all individuals
7to whom this compact is applicable as required by the rules of the commission,
8including all of the following:
SB736,31,99 1. Identifying information.
SB736,31,1010 2. Licensure data.
SB736,31,1111 3. Significant investigatory information.
SB736,31,1212 4. Adverse actions against an individual's license.
SB736,31,1413 5. An indicator that an individual's privilege to practice is restricted,
14suspended, or revoked.
SB736,31,1515 6. Nonconfidential information related to alternative program participation.
SB736,31,1716 7. Any denial of application for licensure, and the reason or reasons for such
17denial.
SB736,31,1918 8. Other information that may facilitate the administration of this compact, as
19determined by the rules of the commission.
SB736,31,2220 (c) The coordinated database administrator shall promptly notify all member
21states of any adverse action taken against, or significant investigative information
22on, any individual in a member state.
SB736,31,2523 (d) Member states contributing information to the coordinated database may
24designate information that may not be shared with the public without the express
25permission of the contributing state.
SB736,32,3
1(e) Any information submitted to the coordinated database that is
2subsequently required to be expunged by the laws of the member state contributing
3the information shall be removed from the coordinated database.
SB736,32,7 4(12) Rule making. (a) The commission shall exercise its rule-making powers
5pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
6Rules and amendments shall become binding as of the date specified in each rule or
7amendment.
SB736,32,108 (b) If a majority of the legislatures of the member states rejects a rule, by
9enactment of a statute or resolution in the same manner used to adopt the compact,
10then such rule shall have no further force and effect in any member state.
SB736,32,1211 (c) Rules or amendments to the rules shall be adopted at a regular or special
12meeting of the commission.
SB736,32,1613 (d) Prior to promulgation and adoption of a final rule or rules by the
14commission, and at least 60 days in advance of the meeting at which the rule will be
15considered and voted upon, the commission shall file a notice of proposed rule
16making on all of the following:
SB736,32,1717 1. The website of the commission.
SB736,32,1918 2. The website of each member state emergency medical services authority or
19the publication in which each state would otherwise publish proposed rules.
SB736,32,2020 (e) The notice of proposed rule making shall include all of the following:
SB736,32,2221 1. The proposed time, date, and location of the meeting in which the rule will
22be considered and voted upon.
SB736,32,2423 2. The text of the proposed rule or amendment and the reason for the proposed
24rule.
SB736,32,2525 3. A request for comments on the proposed rule from any interested person.
SB736,33,3
14. The manner in which interested persons may submit notice to the
2commission of their intention to attend the public hearing and any written
3comments.
SB736,33,64 (f) Prior to the adoption of a proposed rule, the commission shall allow persons
5to submit written data, facts, opinions, and arguments, which shall be made
6available to the public.
SB736,33,87 (g) The commission shall grant an opportunity for a public hearing before it
8adopts a rule or amendment if a hearing is requested by any of the following:
SB736,33,99 1. At least 25 persons.
SB736,33,1010 2. A governmental subdivision or agency.
SB736,33,1111 3. An association having at least 25 members.
SB736,33,1312 (h) 1. If a hearing is held on the proposed rule or amendment, the commission
13shall publish the place, time, and date of the scheduled public hearing.
SB736,33,1714 2. All persons wishing to be heard at the hearing shall notify the executive
15director of the commission or other designated member in writing of their desire to
16appear and testify at the hearing not less than 5 days before the scheduled date of
17the hearing.
SB736,33,1918 3. Hearings shall be conducted in a manner providing each person who wishes
19to comment a fair and reasonable opportunity to comment orally or in writing.
SB736,33,2520 4. No transcript of the hearing is required, unless a written request for a
21transcript is made, in which case the person requesting the transcript shall bear the
22cost of producing the transcript. A recording may be made in lieu of a transcript
23under the same terms and conditions as a transcript. This subdivision shall not
24preclude the commission from making a transcript or recording of the hearing if it
25so chooses.
SB736,34,3
15. Nothing in this subsection shall be construed as requiring a separate hearing
2on each rule. Rules may be grouped for the convenience of the commission at
3hearings required by this subsection.
SB736,34,64 (i) Following the scheduled hearing date, or by the close of business on the
5scheduled hearing date if the hearing was not held, the commission shall consider
6all written and oral comments received.
SB736,34,97 (j) The commission shall, by majority vote of all members, take final action on
8the proposed rule and shall determine the effective date of the rule, if any, based on
9the rule-making record and the full text of the rule.
SB736,34,1210 (k) If no written notice of intent to attend the public hearing by interested
11parties is received, the commission may proceed with promulgation of the proposed
12rule without a public hearing.
SB736,34,1913 (L) Upon determination that an emergency exists, the commission may
14consider and adopt an emergency rule without prior notice, opportunity for
15comment, or hearing, provided that the usual rule-making procedures provided in
16the compact and in this subsection shall be retroactively applied to the rule as soon
17as reasonably possible, in no event later than 90 days after the effective date of the
18rule. For the purposes of this provision, an emergency rule is one that must be
19adopted immediately in order to do any of the following:
SB736,34,2020 1. Meet an imminent threat to public health, safety, or welfare.
SB736,34,2121 2. Prevent a loss of commission or member state funds.
SB736,34,2322 3. Meet a deadline for the promulgation of an administrative rule that is
23established by federal law or rule.
SB736,34,2424 4. Protect public health and safety.
SB736,35,10
1(m) The commission or an authorized committee of the commission may direct
2revisions to a previously adopted rule or amendment for purposes of correcting
3typographical errors, errors in format, errors in consistency, or grammatical errors.
4Public notice of any revisions shall be posted on the website of the commission. The
5revision shall be subject to challenge by any person for a period of 30 days after
6posting. The revision may be challenged only on grounds that the revision results
7in a material change to a rule. A challenge shall be made in writing, and delivered
8to the chair of the commission prior to the end of the notice period. If no challenge
9is made, the revision will take effect without further action. If the revision is
10challenged, the revision may not take effect without the approval of the commission.
SB736,35,15 11(13) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
12executive, legislative, and judicial branches of state government in each member
13state shall enforce this compact and take all actions necessary and appropriate to
14effectuate the compact's purposes and intent. The provisions of this compact and the
15rules promulgated hereunder shall have standing as statutory law.
SB736,35,1916 2. All courts shall take judicial notice of the compact and the rules in any
17judicial or administrative proceeding in a member state pertaining to the subject
18matter of this compact that may affect the powers, responsibilities, or actions of the
19commission.
SB736,35,2320 3. The commission shall be entitled to receive service of process in any such
21proceeding, and shall have standing to intervene in such a proceeding for all
22purposes. Failure to provide service of process to the commission shall render a
23judgment or order void as to the commission, this compact, or promulgated rules.
SB736,36,224 (b) Default, technical assistance, and termination. 1. If the commission
25determines that a member state has defaulted in the performance of its obligations

1or responsibilities under this compact or the promulgated rules, the commission
2shall do all of the following:
SB736,36,53 a. Provide written notice to the defaulting state and other member states of the
4nature of the default, the proposed means of curing the default, and any other action
5to be taken by the commission.
SB736,36,76 b. Provide remedial training and specific technical assistance regarding the
7default.
SB736,36,128 2. If a state in default fails to cure the default, the defaulting state may be
9terminated from the compact upon an affirmative vote of a majority of the member
10states, and all rights, privileges, and benefits conferred by this compact may be
11terminated on the effective date of termination. A cure of the default does not relieve
12the offending state of obligations or liabilities incurred during the period of default.
SB736,36,1713 3. Termination of membership in the compact shall be imposed only after all
14other means of securing compliance have been exhausted. Notice of intent to
15suspend or terminate shall be given by the commission to the governor, the majority
16and minority leaders of the defaulting state's legislature, and each of the member
17states.
SB736,36,2018 4. A state that has been terminated is responsible for all assessments,
19obligations, and liabilities incurred through the effective date of termination,
20including obligations that extend beyond the effective date of termination.
SB736,36,2321 5. The commission shall not bear any costs related to a state that is found to
22be in default or that has been terminated from the compact, unless agreed upon in
23writing between the commission and the defaulting state.
SB736,37,224 6. The defaulting state may appeal the action of the commission by petitioning
25the U.S. District Court for the District of Columbia or the federal district where the

1commission has its principal offices. The prevailing member shall be awarded all
2costs of such litigation, including reasonable attorney fees.
SB736,37,53 (c) Dispute resolution. 1. Upon request by a member state, the commission
4shall attempt to resolve disputes related to the compact that arise among member
5states and between member and nonmember states.
SB736,37,76 2. The commission shall promulgate a rule providing for both mediation and
7binding dispute resolution for disputes as appropriate.
SB736,37,98 (d) Enforcement. 1. The commission, in the reasonable exercise of its
9discretion, shall enforce the provisions and rules of this compact.
SB736,37,1610 2. By majority vote, the commission may initiate legal action in the U.S.
11District Court for the District of Columbia or the federal district where the
12commission has its principal offices against a member state in default to enforce
13compliance with the provisions of the compact and its promulgated rules and bylaws.
14The relief sought may include both injunctive relief and damages. In the event
15judicial enforcement is necessary, the prevailing member shall be awarded all costs
16of such litigation, including reasonable attorney fees.
SB736,37,1817 3. The remedies herein shall not be the exclusive remedies of the commission.
18The commission may pursue any other remedies available under federal or state law.
SB736,38,2 19(14) Date of implementation of the Interstate Commission for Emergency
20Medical Services Personnel Practice and associated rules, withdrawal, and
21amendment
. (a) The compact shall come into effect on the date on which the compact
22statute is enacted into law in the 10th member state. The provisions, which become
23effective at that time, shall be limited to the powers granted to the commission
24relating to assembly and the promulgation of rules. Thereafter, the commission shall

1meet and exercise rule-making powers necessary to the implementation and
2administration of the compact.
SB736,38,73 (b) Any state that joins the compact subsequent to the commission's initial
4adoption of the rules shall be subject to the rules as they exist on the date on which
5the compact becomes law in that state. Any rule that has been previously adopted
6by the commission shall have the full force and effect of law on the day the compact
7becomes law in that state.
SB736,38,98 (c) 1. Any member state may withdraw from this compact by enacting a statute
9repealing the same.
SB736,38,1110 2. A member state's withdrawal shall not take effect until 6 months after
11enactment of the repealing statute.
SB736,38,1412 3. Withdrawal shall not affect the continuing requirement of the state EMS
13authority of the withdrawing state to comply with the investigative and adverse
14action reporting requirements of this act prior to the effective date of withdrawal.
SB736,38,1815 (d) Nothing contained in this compact shall be construed to invalidate or
16prevent any emergency medical services personnel licensure agreement or other
17cooperative arrangement between a member state and a nonmember state that does
18not conflict with the provisions of this compact.
SB736,38,2119 (e) This compact may be amended by the member states. No amendment to this
20compact shall become effective and binding upon any member state until it is enacted
21into the laws of all member states.
SB736,39,2 22(15) Construction. This compact shall be liberally construed so as to
23effectuate the purposes thereof. If this compact shall be held contrary to the
24constitution of any state member thereto, the compact shall remain in full force and

1effect as to the remaining member states. Nothing in this compact supersedes state
2law or rules related to licensure of emergency medical services agencies.
SB736,39,4 3256.61 Implementation of the emergency medical services personnel
4licensure interstate compact.
(1) In this section:
SB736,39,65 (a) “Compact” means the emergency medical services personnel licensure
6interstate compact under s. 256.60.
SB736,39,77 (b) “Department” means the department of health services.
SB736,39,98 (c) “Privilege to practice” means a privilege to practice, as defined in s. 256.60
9(2) (L), that is granted under the compact to an individual to practice in this state.
SB736,39,11 10(2) The department may not impose a fee for an individual to receive a privilege
11to practice.
SB736,39,13 12(3) The department, in consultation with the emergency medical services
13board, may promulgate rules necessary to implement the compact under s. 256.60.
SB736,34 14Section 34. 257.01 (2) (am) of the statutes is created to read:
SB736,39,1615 257.01 (2) (am) An individual who has a privilege to practice, as defined in s.
16256.60 (2) (L).
SB736,35 17Section 35 . 340.01 (3) (dm) 2. of the statutes is amended to read:
SB736,39,2118 340.01 (3) (dm) 2. Used by an emergency medical services practitioner licensed
19under s. 256.15, an individual with a privilege to practice, as defined in s. 256.60 (2)
20(L),
or an ambulance driver or emergency medical responder authorized by the chief
21of an ambulance service or rescue squad.
SB736,36 22Section 36 . 340.01 (74p) (f) of the statutes is amended to read:
SB736,40,223 340.01 (74p) (f) A law enforcement officer, traffic officer, fire fighter, or
24emergency medical services practitioner, as defined in s. 256.01 (5), or individual

1with a privilege to practice, as defined in s. 256.60 (2) (L),
while performing his or her
2official duties.
Loading...
Loading...