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9. The commission shall maintain its financial records in accordance with the
12bylaws.
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10. The commission shall meet and take such actions as are consistent with the
14provisions of this compact and the bylaws.
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(d)
Powers of the commission. The commission shall have the following powers:
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1. The authority to promulgate uniform rules to facilitate and coordinate
17implementation and administration of this compact. The rules shall have the force
18and effect of law and shall be binding in all member states.
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2. To bring and prosecute legal proceedings or actions in the name of the
20commission, provided that the standing of any state EMS authority or other
21regulatory body responsible for emergency medical services personnel licensure to
22sue or be sued under applicable law shall not be affected.
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3. To purchase and maintain insurance and bonds.
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4. To borrow, accept, or contract for services of personnel, including employees
25of a member state.
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15. To hire employees, elect or appoint officers, fix compensation, define duties,
2grant such individuals appropriate authority to carry out the purposes of the
3compact, and establish the commission's personnel policies and programs relating
4to conflicts of interest, qualifications of personnel, and other related personnel
5matters.
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6. To accept any and all appropriate donations and grants of money, equipment,
7supplies, materials, and services, and to receive, utilize, and dispose of the same;
8provided that at all times the commission shall strive to avoid any appearance of
9impropriety or conflict of interest.
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7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to
11own, hold, improve, or use, any property whether real, personal, or mixed; provided
12that at all times the commission shall strive to avoid any appearance of impropriety.
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8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
14dispose of any property whether real, personal, or mixed.
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9. To establish a budget and make expenditures.
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10. To borrow money.
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11. To appoint committees, including advisory committees comprised of
18members, state regulators, state legislators or their representatives, and consumer
19representatives, and such other interested persons as may be designated in this
20compact and the bylaws.
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12. To provide and receive information from, and to cooperate with, law
22enforcement agencies.
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13. To adopt and use an official seal.
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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.
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(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.
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2. The commission may accept any and all appropriate revenue sources,
8donations, and grants of money, equipment, supplies, materials, and services.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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(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:
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1. Identifying information.
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2. Licensure data.