December 9, 2021 - Introduced by Representatives Tranel, Novak, Billings,
Murphy, Oldenburg, Spiros, Tittl, Wichgers, Kerkman, Petryk and
Kuglitsch, cosponsored by Senators Jacque and Ringhand. Referred to
Committee on Health.

AB763,2,2 1An Act to amend 16.25 (1) (am), 48.195 (1), 48.685 (1) (ag) 2., 50.065 (1) (ag) 2.,
266.0137 (1) (ah), 102.03 (1) (c) 2., 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a),
3109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.38 (1) (b) 1., 146.81
4(4), 146.997 (1) (d) 14., 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2)
5(a), 154.25 (6), 157.06 (12) (a) 1., 252.15 (5g) (a) 1., 256.01 (intro.), 256.12 (2) (a),
6340.01 (3) (dm) 2., 340.01 (74p) (f), 343.23 (2) (a) 1., 440.9805 (1), 891.453 (1) (b),
7895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am)
8(intro.), 895.484 (2) (d), 940.20 (7) (b), 941.20 (1m) (b), 941.37 (1) (c), 941.375 (1)
9(b) and 961.443 (1) (b); and to create 14.89, 48.981 (2) (a) 28m., 97.67 (5m) (a)
106m., 146.81 (1) (t), 252.14 (1) (ar) 16., subchapter I (title) of chapter 256
11[precedes 256.01], subchapter II of chapter 256 [precedes 256.60] and 257.01 (2)

1(am) of the statutes; relating to: Emergency Medical Services Personnel
2Licensure Interstate Compact and granting rule-making authority.

This bill ratifies and enters Wisconsin into the Emergency Medical Services
Personnel Licensure Interstate Compact (compact), which provides emergency
medical services personnel the ability to obtain a “privilege to practice” in a remote
state without obtaining a license in that remote state. Under the bill, “privilege to
practice” means an individual's authority to deliver emergency medical services in
remote states as authorized under the compact, “member state” means a state that
has enacted the compact, “home state” means a member state where an individual
is licensed to practice emergency medical services, and “remote state” means a
member state in which an individual is not licensed. Significant provisions of the
compact as ratified in the bill include:

1. The compact establishes a joint public agency called the Interstate
Commission for Emergency Medical Services Personnel Practice. Each member
state has one delegate to the commission. The commission meets at least once during
each calendar year. The commission has the authority to promulgate bylaws that
regulate the activities of the commission, and rules binding on the member states.
The compact prescribes a rule-making process that requires public notice and
opportunity for comment. The commission delegates vote on all proposed rules by
majority vote. Further, the commission has the power to bring and prosecute legal
proceedings, to purchase and maintain insurance and bonds, to hire employees, and
to take other actions appropriately related to the function of the commission. All
meetings of the commission are open to the public unless closed to discuss sensitive
matters. If a meeting of the commission is closed to the public, the compact requires
that meeting minutes be prepared and kept under seal.

2. Under the compact, a home state's license authorizes an individual who
holds that license to practice in a remote state under a privilege to practice if the
home state meets certain conditions. Those conditions include that the home state
has a mechanism in place for receiving and investigating complaints about
individuals, and the home state requires a criminal background check of all
applicants for initial licensure. If the home state is in compliance with the conditions
of the compact, then an individual licensed in the home state has a privilege to
practice in all other member states under the conditions set by the compact. Under
the compact, an individual practicing in a remote state is subject to the remote state's
authority and laws. Besides the conditions of membership in the compact, the
compact does not affect the authority of a member state to issue a license or to
establish requirements for the license.

3. Under the compact, a state has the exclusive power to impose adverse action
against an individual's license that is issued by that state. If an individual's license
in any home state is restricted or suspended, the individual is not eligible to practice
in a remote state until the individual's home state license is restored. Further, under

the compact, a member state has the authority to issue subpoenas for both hearings
and investigations that require the attendance and testimony of witnesses and the
production of evidence. A subpoena issued in a member state may be enforced in a
remote state by any court of competent jurisdiction.

4. The compact requires the commission to develop and maintain a coordinated
database and reporting system that contains information related to licensed
individuals, adverse actions taken, and significant investigatory information on all
licensed individuals. Under the compact, each member state is required to submit
a uniform data set to the coordinated database on all individuals to whom the
compact is applicable.

5. The compact provides that the executive, legislative, and judicial branches
of state government in each member state are responsible for enforcing the compact
and taking action necessary to effectuate its purpose. If the commission determines
that a member state has defaulted in its performance of the compact, the compact
requires the commission to provide written notice to the defaulting state and to
provide remedial training and technical assistance to cure the default. If a state fails
to cure the default, the compact provides that the defaulting state may be terminated
from the compact upon a majority vote of the other member states. If the commission
votes to terminate a defaulting state from the compact, all rights, privileges, and
benefits conferred by the compact are terminated as of the effective date of the
termination. Termination may only be imposed after all other means of securing
compliance have been exhausted.

Finally, this bill implements the compact by allowing the Department of Health
Services to promulgate rules necessary to implement the compact, and incorporates
references to those individuals who have a privilege to practice under the compact
into relevant statutory provisions related to emergency medical services and
personnel.

AB763,4,2 214.89 Emergency medical services personnel licensure interstate
3compact. There is created an emergency medical services personnel licensure
4interstate compact commission as specified in s. 256.60. The administrator of the
5commission representing this state shall be the responsible official of the state EMS
6authority, as defined in s. 256.60 (2) (s), or his or her designee as provided in s. 256.60

1(10) (b) 1. The commission has the powers and duties granted and imposed under
2s. 256.60.