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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.
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3. Significant investigatory information.
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4. Adverse actions against an individual's license.
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5. An indicator that an individual's privilege to practice is restricted,
14suspended, or revoked.
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6. Nonconfidential information related to alternative program participation.
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7. Any denial of application for licensure, and the reason or reasons for such
17denial.
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8. Other information that may facilitate the administration of this compact, as
19determined by the rules of the commission.
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(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.
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(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.
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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.
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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.
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(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.
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(c) Rules or amendments to the rules shall be adopted at a regular or special
12meeting of the commission.
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(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:
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1. The website of the commission.
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2. The website of each member state emergency medical services authority or
19the publication in which each state would otherwise publish proposed rules.
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(e) The notice of proposed rule making shall include all of the following:
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1. The proposed time, date, and location of the meeting in which the rule will
22be considered and voted upon.
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2. The text of the proposed rule or amendment and the reason for the proposed
24rule.
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3. A request for comments on the proposed rule from any interested person.
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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.
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(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.