SB736: Bill Text

SB736,32,12 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

SB736,32,16 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 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 rule making on all of the following:

SB736,32,17 1. The website of the commission.

SB736,32,19 2. The website of each member state emergency medical services authority or the publication in which each state would otherwise publish proposed rules.

SB736,32,20 (e) The notice of proposed rule making shall include all of the following:

SB736,32,22 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.

SB736,32,24 2. The text of the proposed rule or amendment and the reason for the proposed rule.

SB736,32,25 3. A request for comments on the proposed rule from any interested person.

SB736,33,3 4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

SB736,33,6 (f) Prior to the 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.

SB736,33,8 (g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:

SB736,33,9 1. At least 25 persons.

SB736,33,10 2. A governmental subdivision or agency.

SB736,33,11 3. An association having at least 25 members.

SB736,33,13 (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.

SB736,33,17 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 5 days before the scheduled date of the hearing.

SB736,33,19 3. 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.

SB736,33,25 4. 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 subdivision shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.

SB736,34,3 5. Nothing in this subsection 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 subsection.

SB736,34,6 (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.

SB736,34,9 (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 rule-making record and the full text of the rule.

SB736,34,12 (k) 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.

SB736,34,19 (L) 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 rule-making procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 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 do any of the following:

SB736,34,20 1. Meet an imminent threat to public health, safety, or welfare.

SB736,34,21 2. Prevent a loss of commission or member state funds.

SB736,34,23 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

SB736,34,24 4. Protect public health and safety.

SB736,35,10 (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 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.

SB736,35,15 (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 hereunder shall have standing as statutory law.

SB736,35,19 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.

SB736,35,23 3. 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.

SB736,36,2 (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 do all of the following:

SB736,36,5 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.

SB736,36,7 b. Provide remedial training and specific technical assistance regarding the default.

SB736,36,12 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.

SB736,36,17 3. 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.

SB736,36,20 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.

SB736,36,23 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.

SB736,37,2 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

SB736,37,5 (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 nonmember states.

SB736,37,7 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB736,37,9 (d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

SB736,37,16 2. By majority vote, the commission may initiate legal action in the U.S. 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 fees.

SB736,37,18 3. 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.

SB736,38,2 (14) Date of implementation of the Interstate Commission for Emergency Medical Services Personnel Practice and associated rules, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th 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 rule-making powers necessary to the implementation and administration of the compact.

SB736,38,7 (b) 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.

SB736,38,9 (c) 1. Any member state may withdraw from this compact by enacting a statute repealing the same.

SB736,38,11 2. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

SB736,38,14 3. Withdrawal shall not affect the continuing requirement of the state EMS authority of the withdrawing state to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

SB736,38,18 (d) Nothing contained in this compact shall be construed to invalidate or prevent any emergency medical services 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.

SB736,38,21 (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SB736,39,2 (15) Construction. 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 emergency medical services agencies.

SB736,39,4 256.61 Implementation of the emergency medical services personnel licensure interstate compact. (1) In this section:

SB736,39,6 (a) “Compact” means the emergency medical services personnel licensure interstate compact under s. 256.60.

SB736,39,7 (b) “Department” means the department of health services.

SB736,39,9 (c) “Privilege to practice” means a privilege to practice, as defined in s. 256.60 (2) (L), that is granted under the compact to an individual to practice in this state.

SB736,39,11 (2) The department may not impose a fee for an individual to receive a privilege to practice.

SB736,39,13 (3) The department, in consultation with the emergency medical services board, may promulgate rules necessary to implement the compact under s. 256.60.

SB736,34 Section 34. 257.01 (2) (am) of the statutes is created to read:

SB736,39,16 257.01 (2) (am) An individual who has a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,35 Section 35 . 340.01 (3) (dm) 2. of the statutes is amended to read:

SB736,39,21 340.01 (3) (dm) 2. Used by an emergency medical services practitioner licensed under s. 256.15, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver or emergency medical responder authorized by the chief of an ambulance service or rescue squad.

SB736,36 Section 36 . 340.01 (74p) (f) of the statutes is amended to read:

SB736,40,2 340.01 (74p) (f) A law enforcement officer, traffic officer, fire fighter, or emergency medical services practitioner, as defined in s. 256.01 (5), or individual with a privilege to practice, as defined in s. 256.60 (2) (L), while performing his or her official duties.

SB736,37 Section 37 . 343.23 (2) (a) 1. of the statutes is amended to read:

SB736,40,7 343.23 (2) (a) 1. The person's employment as a law enforcement officer as defined in s. 165.85 (2) (c), fire fighter as defined in s. 102.475 (8) (b), or emergency medical services practitioner as defined in s. 256.01 (5), or individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,38 Section 38 . 440.9805 (1) of the statutes is amended to read:

SB736,40,13 440.9805 (1) “Health care provider" means a health care provider, as defined in s. 146.81 (1) (a) to (p), a person licensed or issued a training permit as an emergency medical services practitioner under s. 256.15, or a person certified as an emergency medical responder under s. 256.15 (8) (a), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,39 Section 39. 891.453 (1) (b) of the statutes is amended to read:

SB736,40,18 891.453 (1) (b) “Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical services practitioner under s. 256.01 (5) or, an emergency medical responder under s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,40 Section 40 . 891.453 (1) (b) of the statutes is amended to read:

SB736,40,23 891.453 (1) (b) “Emergency medical service provider" means a person employed by the state or by a county or municipality and who is an emergency medical services practitioner under s. 256.01 (5) or, an emergency medical responder under s. 256.01 (4p), or an individual with a privilege to practice, as defined in s. 256.60 (2) (L).

SB736,41 Section 41. 895.35 (2) (a) 2. of the statutes is amended to read:

SB736,41,4 895.35 (2) (a) 2. “Protective services officer" means an emergency medical services practitioner, as defined in s. 256.01 (5), an emergency medical responder, as defined in s. 256.01 (4p), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), a fire fighter, or a law enforcement or correctional officer.

SB736,42 Section 42. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

SB736,41,17 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), individual with a privilege to practice, as defined in s. 256.60 (2) (L), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB736,43 Section 43. 895.48 (1m) (a) 2. of the statutes is amended to read:

SB736,41,24 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), individual with a privilege to practice, as defined in s. 256.60 (2) (L), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB736,44 Section 44. 895.48 (4) (am) (intro.) of the statutes is amended to read:

SB736,42,6 895.48 (4) (am) (intro.) Any of the following, other than an emergency medical services practitioner, individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an emergency medical responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:

SB736,45 Section 45. 895.484 (2) (d) of the statutes is amended to read:

SB736,42,11 895.484 (2) (d) The actor remained with the person or domestic animal until a law enforcement officer, emergency medical service provider, individual with a privilege to practice, as defined in s. 256.60 (2) (L), animal control officer, or other emergency medical responder, as defined in s. 256.01 (4p), arrived at the scene.

SB736,46 Section 46. 940.20 (7) (b) of the statutes is amended to read:

SB736,42,22 940.20 (7) (b) Whoever intentionally causes bodily harm to a health care provider who works in a hospital, an emergency department worker, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver who is acting in an official capacity and who the person knows or has reason to know is a health care provider who works in a hospital, an emergency department worker, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), or an ambulance driver, by an act done without the consent of the person so injured, is guilty of a Class H felony.

SB736,47 Section 47. 941.20 (1m) (b) of the statutes is amended to read:

SB736,43,7 941.20 (1m) (b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an individual with a privilege to practice, as defined in s. 256.60 (2) (L), an ambulance driver, or a commission warden is guilty of a Class H felony.

SB736,48 Section 48. 941.37 (1) (c) of the statutes is amended to read:

SB736,43,13 941.37 (1) (c) “Emergency medical personnel" means an emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), an individual with a privilege to practice, as defined in s. 256.60 (2) (L), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.

SB736,49 Section 49. 941.375 (1) (b) of the statutes is amended to read: