SB190: Bill Text

SB190,33,16 h. Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

SB190,33,18 i. Performing other duties as provided in the rules or bylaws of the commission.

SB190,33,20 2. The executive committee shall be composed of up to 9 members, as further set forth in the bylaws of the commission:

SB190,33,22 a. Seven voting members who are elected by the commission from the current membership of the commission; and

SB190,33,23 b. Two ex-officio, nonvoting members.

SB190,34,2 3. The commission may remove any member of the executive committee as provided in the commission’s bylaws.

SB190,34,3 4. The executive committee shall meet at least annually.

SB190,34,6 a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in par. (f) 4. below;

SB190,34,9 b. The executive committee shall give advance notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission; and

SB190,34,11 c. The executive committee may hold a special meeting in accordance with par. (f) 2. below.

SB190,34,13 (e) The commission shall adopt and provide to the member states an annual report.

SB190,34,17 (f) Meetings of the commission. 1. All meetings of the commission that are not closed pursuant to subd. 4. shall be open to the public. Notice of public meetings shall be posted on the commission’s website at least 30 days prior to the public meeting.

SB190,34,23 2. Notwithstanding subd. 1., the commission may convene an emergency public meeting by providing at least 24 hours prior notice on the commission’s website, and any other means as provided in the commission’s rules, for any of the reasons it may dispense with notice of proposed rule making under sub. (9) (g). The commission’s legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.

SB190,35,3 3. Notice of all commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.

SB190,35,6 4. The commission or the executive committee may convene in a closed, nonpublic meeting for the commission or executive committee to receive or solicit legal advice or to discuss:

SB190,35,7 a. Noncompliance of a member state with its obligations under the compact;

SB190,35,9 b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees;

SB190,35,11 c. Current or threatened discipline of a licensee or compact privilege holder by the commission or by a member state’s respiratory therapy licensing authority;

SB190,35,12 d. Current, threatened, or reasonably anticipated litigation;

SB190,35,14 e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

SB190,35,15 f. Accusing any person of a crime or formally censuring any person;

SB190,35,17 g. Trade secrets or commercial or financial information that is privileged or confidential;

SB190,35,19 h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB190,35,20 i. Investigative records compiled for law enforcement purposes;

SB190,35,23 j. Information related to any investigative 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;

SB190,35,24 k. Legal advice;

SB190,36,2 L. Matters specifically exempted from disclosure by federal or member state law; or

SB190,36,3 m. Other matters as promulgated by the commission by rule.

SB190,36,6 5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

SB190,36,11 6. The commission shall keep minutes in accordance with commission rules and bylaws. 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 only by a majority vote of the commission or order of a court of competent jurisdiction.

SB190,36,14 (g) Financing of the commission. 1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

SB190,36,16 2. The commission may accept any and all appropriate revenue sources as provided herein.

SB190,36,22 3. The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff. The aggregate annual assessment amount for member states, if any, shall be allocated based upon a formula that the commission shall promulgate by rule.

SB190,37,2 4. The commission shall not incur obligations of any kind prior to securing the funds or a loan 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.

SB190,37,9 5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.

SB190,37,13 (h) Qualified immunity, defense, and indemnification. 1. Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

SB190,38,2 2. The member states, commissioners, officers, executive directors, employees, and agents of the commission shall be immune from suit and liability, both personally and 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 subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.

SB190,38,12 3. The commission shall defend any commissioner, officer, executive director, employee, and agent 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 as determined by the commission 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 their own counsel at their own expense; 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.

SB190,38,21 4. The commission shall indemnify and hold harmless any commissioner, member, officer, executive director, employee, and agent 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.

SB190,39,2 5. Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.

SB190,39,4 6. Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.

SB190,39,8 (8) Data system. (a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and the presence of significant investigative information.

SB190,39,11 (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system as required by the rules of the commission, including but not limited to:

SB190,39,12 1. Identifying information;

SB190,39,13 2. Licensure data;

SB190,39,15 3 Adverse actions against a licensee, license applicant, or compact privilege holder and information related thereto;

SB190,39,18 4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;

SB190,39,19 5. Any denial of application for licensure, and the reason(s) for such denial;

SB190,39,20 6. The presence of current significant investigative information; and

SB190,39,22 7. Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

SB190,40,2 (c) No member state shall submit any information which constitutes criminal history record information, as defined by applicable federal law, to the data system established hereunder.

SB190,40,7 (d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi- judicial or administrative proceedings in a member state.

SB190,40,9 (e) Significant investigative information pertaining to a licensee in any member state will only be available to other member states.

SB190,40,13 (f) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

SB190,40,16 (g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

SB190,40,19 (h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.

SB190,41,2 (9) Rule making. (a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

SB190,41,4 (b) For purposes of the compact, the rules of the commission shall have the force of law in each member state.

SB190,41,7 (c) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Rules shall become binding as of the date specified in each rule.

SB190,41,11 (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

SB190,41,12 (e) Rules shall be adopted at a regular or special meeting of the commission.

SB190,41,15 (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

SB190,41,19 (g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making:

SB190,41,20 1. On the website of the commission or other publicly accessible platform;

SB190,41,22 2. To persons who have requested notice of the commission’s notices of proposed rule making, and

SB190,41,23 3. In such other way(s) as the commission may by rule specify.

SB190,41,24 (h) The notice of proposed rule making shall include:

SB190,42,4 1. The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;

SB190,42,7 2. If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rule making;

SB190,42,8 3. The text of the proposed rule and the reason therefor;

SB190,42,10 4. A request for comments on the proposed rule from any interested person; and

SB190,42,11 5. The manner in which interested persons may submit written comments.

SB190,42,14 (i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.

SB190,42,17 (j) 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.

SB190,42,20 (k) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rule-making record and the full text of the rule.

SB190,42,22 1. The commission may adopt changes to the proposed rule provided the changes are consistent with the original purpose of the proposed rule.

SB190,43,2 2. The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

SB190,43,6 3. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in par. (L), the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

SB190,43,13 (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours’ notice, and with opportunity to comment, 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:

SB190,43,14 1. Meet an imminent threat to public health, safety, or welfare;

SB190,43,15 2. Prevent a loss of commission or member state funds;

SB190,43,17 3. Meet a deadline for the promulgation of a rule that is established by federal law or rule; or

SB190,43,18 4. Protect public health and safety.

SB190,44,4 (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule 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 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.

SB190,44,6 (n) No member state’s rule-making process or procedural requirements shall apply to the commission.

SB190,44,8 1. The commission shall have no authority over any member state’s rule- making process or procedural requirements that do not pertain to the compact.

SB190,44,13 (o) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of respiratory therapy in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this compact.

SB190,44,17 (10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.

SB190,44,24 2. 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. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.