Indiana § 16-31-13-4 - No practice of veterinary medicine

§ 16-31-13-4. No practice of veterinary medicine

Sec. 4. A paramedic, advanced emergency medical technician, or emergency medical technician who provides care to an injured operational canine as allowed under this chapter does not engage in the practice of veterinary medicine for purposes of IC 25-38.1.

As added by P.L.37-2021, SEC.2.

IC 16-31.5ARTICLE 31.5. EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT

Ch. 1.Purpose Ch. 2.Definitions Ch. 3.Home State Licensure Ch. 4.Compact Privilege to Practice Ch. 5.Conditions of Practice in a Remote State Ch. 6.Relationship to Emergency Management Assistance Compact Ch. 7.Veterans, Service Members Separating from Active Duty Military, and Their Spouses Ch. 8.Adverse Actions Ch. 9.Additional Powers Invested in a Member State's EMS Authority Ch. 10.Establishment of the Interstate Commission for EMS Personnel Practice Ch. 11.Coordinated Data Base Ch. 12.Rulemaking Ch. 13.Oversight, Dispute Resolution, and Enforcement Ch. 14.Date of Implementation of the Interstate Commission for EMS Personnel Practice and Associated Rules, Withdrawal, and Amendment Ch. 15.Construction and Severability

IC 16-31.5-1Chapter 1. Purpose

16-31.5-1-1Intent 16-31.5-1-2Purpose

IC 16-31.5-1-1Intent Sec. 1. In order to protect the public through verification of competency and ensure accountability for patient care related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This compact is intended to facilitate the day to day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-1-2Purpose Sec. 2. This compact is designed to achieve the following purposes and objectives:

(1) Increase public access to EMS personnel.

(2) Enhance the states' ability to protect the public's health and safety, especially patient safety.

(3) Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation.

(4) Support licensing of military members who are separating from an active duty tour and their spouses.

(5) Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information.

(6) Promote compliance with the laws governing EMS personnel practice in each member state.

(7) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2Chapter 2. Definitions

16-31.5-2-1"Advanced emergency medical technician" and "AEMT" 16-31.5-2-2"Adverse action" 16-31.5-2-3"Alternative program" 16-31.5-2-4"Certification" 16-31.5-2-5"Commission" 16-31.5-2-6"Emergency medical technician" and "EMT" 16-31.5-2-7"Home state" 16-31.5-2-8"License" 16-31.5-2-9"Medical director" 16-31.5-2-10"Member state" 16-31.5-2-11"Paramedic" 16-31.5-2-12"Privilege to practice" 16-31.5-2-13"Remote state" 16-31.5-2-14"Restricted" 16-31.5-2-15"Rule" 16-31.5-2-16"Scope of practice" 16-31.5-2-17"Significant investigatory information" 16-31.5-2-18"State" 16-31.5-2-19"State EMS authority"

IC 16-31.5-2-1"Advanced emergency medical technician" and "AEMT" Sec. 1. As used in this article, "advanced emergency medical technician" or "AEMT" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-2"Adverse action" Sec. 2. As used in this article, "adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license, such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-3"Alternative program" Sec. 3. As used in this article, "alternative program" means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-4"Certification" Sec. 4. As used in this article, "certification" means the successful verification of entry level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-5"Commission" Sec. 5. As used in this article, "commission" means the national administrative body, of which all states that have enacted the compact are members.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-6"Emergency medical technician" and "EMT" Sec. 6. As used in this article, "emergency medical technician" or "EMT" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and the National EMS Scope of Practice Model.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-7"Home state" Sec. 7. As used in this article, "home state" means a member state where an individual is licensed to practice emergency medical services.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-8"License" Sec. 8. As used in this article, "license" means the authorization by a state for an individual to practice as an EMT, an AEMT, or a paramedic, or at a level between EMT and paramedic.

As added by P.L.3-2020, SEC.1. Amended by P.L.32-2021, SEC.45.

IC 16-31.5-2-9"Medical director" Sec. 9. As used in this article, "medical director" means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-10"Member state" Sec. 10. As used in this article, "member state" means a state that has enacted this compact.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-11"Paramedic" Sec. 11. As used in this article, "paramedic" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and the National EMS Scope of Practice Model.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-12"Privilege to practice" Sec. 12. As used in this article, "privilege to practice" means an individual's authority to deliver emergency medical services in remote states as authorized under this compact.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-13"Remote state" Sec. 13. As used in this article, "remote state" means a member state in which an individual is not licensed.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-14"Restricted" Sec. 14. As used in this article, "restricted" means the outcome of an adverse action that limits a license or the privilege to practice.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-15"Rule" Sec. 15. As used in this article, "rule" means a written statement by the interstate commission promulgated under IC 16-31.5-12 that:

(1) is of general applicability;

(2) implements, interprets, or prescribes a policy or provision of the compact; or

(3) is an organizational, a procedural, or a practice requirement of the commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-16"Scope of practice" Sec. 16. As used in this article, "scope of practice" means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, the term tends to represent the limits of services an individual may perform.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-17"Significant investigatory information" Sec. 17. As used in this article, "significant investigatory information" means investigative information that:

(1) a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has a reason to believe, if true, would result in the imposition of an adverse action on a license or privilege to practice; or

(2) indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and has an opportunity to respond.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-18"State" Sec. 18. As used in this article, "state" means any state, commonwealth, district, or territory of the United States.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-2-19"State EMS authority" Sec. 19. As used in this article, "state EMS authority" means the board, office, or other agency with the legislative mandate to license EMS personnel.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-3Chapter 3. Home State Licensure

16-31.5-3-1Determination of individual's home state 16-31.5-3-2Requirement to obtain and retain license 16-31.5-3-3Authorization to practice

IC 16-31.5-3-1Determination of individual's home state Sec. 1. Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-3-2Requirement to obtain and retain license Sec. 2. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-3-3Authorization to practice Sec. 3. A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:

(1) currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic level;

(2) has a mechanism in place for receiving and investigating complaints about individuals;

(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;

(4) not later than five (5) years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202 and submit documentation of such as promulgated in the rules of the commission; and

(5) complies with the rules of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-4Chapter 4. Compact Privilege to Practice

16-31.5-4-1Recognition of member state's license 16-31.5-4-2Requirements to practice 16-31.5-4-3Scope of practice 16-31.5-4-4Remote state's authority and laws 16-31.5-4-5Effect of restricted or suspended license 16-31.5-4-6Eligibility to practice with restricted license

IC 16-31.5-4-1Recognition of member state's license Sec. 1. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with this article.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-4-2Requirements to practice Sec. 2. To exercise the privilege to practice under the terms and provisions of this compact, an individual must:

(1) be at least eighteen (18) years of age;

(2) possess a current unrestricted license in a member state as an EMT, an AEMT, a paramedic, or at a state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and

(3) practice under the supervision of a medical director.

As added by P.L.3-2020, SEC.1. Amended by P.L.32-2021, SEC.46.

IC 16-31.5-4-3Scope of practice Sec. 3. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-4-4Remote state's authority and laws Sec. 4. Except as provided in section 3 of this chapter, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of the remote state's citizens. If a remote state takes action, the remote state shall promptly notify the home state and the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-4-5Effect of restricted or suspended license Sec. 5. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state until the privilege to practice under the individual's home state license is restored.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-4-6Eligibility to practice with restricted license Sec. 6. If an individual's privilege to practice in any remote state is restricted, suspended, or revoked, the individual shall not be eligible to practice in any remote state until that individual's privilege to practice is restored.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-5Chapter 5. Conditions of Practice in a Remote State

16-31.5-5-1Conditions to practice in a remote state

IC 16-31.5-5-1Conditions to practice in a remote state Sec. 1. An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the commission and under the following circumstances:

(1) The individual originates a patient transport in a home state and transports the patient to a remote state.

(2) The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state.

(3) The individual enters a remote state to provide patient care or transport within that remote state.

(4) The individual enters a remote state to pick up a patient and provide care and transport to a third member state.

(5) Other conditions as determined by rules promulgated by the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-6Chapter 6. Relationship to Emergency Management Assistance Compact

16-31.5-6-1State of emergency declarations

IC 16-31.5-6-1State of emergency declarations Sec. 1. Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declarations.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-7Chapter 7. Veterans, Service Members Separating from Active Duty Military, and Their Spouses

16-31.5-7-1NREMT certification 16-31.5-7-2Expedited licenses 16-31.5-7-3Adverse action provisions

IC 16-31.5-7-1NREMT certification Sec. 1. Member states shall consider:

(1) a veteran;

(2) an active military service member;

(3) a member of the National Guard and reserves separating from an active duty tour; and

(4) a spouse of an individual described in subdivisions (1) through (3);

who holds a current valid and unrestricted National Registry of Emergency Medical Technicians (NREMT) certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for the licensure.

As added by P.L.3-2020, SEC.1. Amended by P.L.32-2021, SEC.47.

IC 16-31.5-7-2Expedited licenses Sec. 2. Member states shall expedite the processing of licensure applications submitted by:

(1) veterans;

(2) active military service members;

(3) members of the National Guard and reserves, separating from an active duty; and

(4) the spouse of an individual described in subdivisions (1) through (3).

As added by P.L.3-2020, SEC.1.

IC 16-31.5-7-3Adverse action provisions Sec. 3. All individuals functioning with a privilege to practice under this chapter remain subject to the adverse action provisions of IC 16-31.5-8.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8Chapter 8. Adverse Actions

16-31.5-8-1Power to impose adverse action 16-31.5-8-2Effect of restricted or suspended license 16-31.5-8-3Adverse action order statement; authority to practice 16-31.5-8-4Reporting adverse actions 16-31.5-8-5Adverse action by remote state 16-31.5-8-6Adverse action based on member state findings 16-31.5-8-7Home state investigative authority 16-31.5-8-8Alternative programs

IC 16-31.5-8-1Power to impose adverse action Sec. 1. A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-2Effect of restricted or suspended license Sec. 2. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-3Adverse action order statement; authority to practice Sec. 3. (a) All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.

(b) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior authorization from both the home state and remote state's EMS authority.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-4Reporting adverse actions Sec. 4. A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-5Adverse action by remote state Sec. 5. A remote state may take adverse action on an individual's privilege to practice within that state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-6Adverse action based on member state findings Sec. 6. Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing the adverse action.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-7Home state investigative authority Sec. 7. A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as the home state would if the conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-8-8Alternative programs Sec. 8. (a) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that participation shall remain nonpublic if required by the member state's laws.

(b) Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-9Chapter 9. Additional Powers Invested in a Member State's EMS Authority

16-31.5-9-1Subpoenas; witness fees 16-31.5-9-2Cease and desist orders

IC 16-31.5-9-1Subpoenas; witness fees Sec. 1. (a) A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence.

(b) Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, or the production of evidence from another member state, or both, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings.

(c) The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-9-2Cease and desist orders Sec. 2. A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10Chapter 10. Establishment of the Interstate Commission for EMS Personnel Practice

16-31.5-10-1Interstate Commission for EMS Personnel Practice established 16-31.5-10-2Commission a body politic; venue; sovereign immunity 16-31.5-10-3State delegate; vacancy; voting 16-31.5-10-4Meetings; nonpublic meetings; minutes 16-31.5-10-5Commission bylaws 16-31.5-10-6Publication of bylaws; financial records 16-31.5-10-7Commission actions governed by compact and bylaws 16-31.5-10-8Commission powers 16-31.5-10-9Payment of expenses; annual assessment; annual audit 16-31.5-10-10Immunity from liability; defense; indemnity

IC 16-31.5-10-1Interstate Commission for EMS Personnel Practice established Sec. 1. The compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-2Commission a body politic; venue; sovereign immunity Sec. 2. (a) The commission is a body politic and an instrumentality of the compact states.

(b) 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.

(c) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-3State delegate; vacancy; voting Sec. 3. (a) Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or the official's designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(b) Any vacancy occurring in the commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one (1) board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.

(c) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-4Meetings; nonpublic meetings; minutes Sec. 4. (a) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(b) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in IC 16-31.5-12.

(c) The commission may convene in a closed, nonpublic meeting if the commission must discuss the following:

(1) Noncompliance of a member state with its obligations under the compact.

(2) The employment, compensation, discipline, or other personnel matters, practice, or procedures related to specific employees or other matters related to the commission's internal personnel practice and procedures.

(3) Current, threatened, or reasonably anticipated litigation.

(4) Negotiation of contracts for the purchase or sale of goods, services, or real estate.

(5) Accusing any person of a crime or formally censuring any person.

(6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

(7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

(8) Disclosure of investigatory records compiled for law enforcement purposes.

(9) Disclosure of information related to any investigatory 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.

(10) Matters specifically exempted from disclosure by federal or member state statute.

(d) If a meeting or portion of a meeting is closed pursuant to this section, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(e) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-5Commission bylaws Sec. 5. The commission shall, by a majority vote of the delegates, prescribe bylaws or rules, or both, to govern the commission's conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to, the following:

(1) Establishing the fiscal year of the commission.

(2) Providing reasonable standards and procedures:

(A) for the establishment and meetings of other committees; and

(B) governing any general or specific delegation of any authority or function of the commission.

(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed.

(4) Establishing the titles, duties and authority, and reasonable procedures of the election of the officers of the commission.

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the commission.

(6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees.

(7) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all the commission's debts and obligations, or both.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-6Publication of bylaws; financial records Sec. 6. (a) The commission shall publish the commission's bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any.

(b) The commission shall maintain the commission's financial records in accordance with the bylaws.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-7Commission actions governed by compact and bylaws Sec. 7. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-8Commission powers Sec. 8. The commission shall have the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.

(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest, or both.

(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety.

(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(9) To establish a budget and make expenditures.

(10) To borrow money.

(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.

(12) To provide and receive information from, and to cooperate with, law enforcement agencies.

(13) To adopt and use an official seal.

(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-9Payment of expenses; annual assessment; annual audit Sec. 9. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and ongoing activities.

(b) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(c) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and the commission's staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.

(d) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the obligations, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.

(e) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under the commission's bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become a part of the annual report of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-10-10Immunity from liability; defense; indemnity Sec. 10. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or 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 subsection shall be construed to protect any such person from suit or liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(b) The commission shall defend any member, officer, executive director, employee, or representative 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 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 subsection shall be construed to prohibit that person from retaining the person's own counsel, 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.

(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-11Chapter 11. Coordinated Data Base

16-31.5-11-1Coordinated data base developed 16-31.5-11-2Submission of uniform data 16-31.5-11-3Notification of action or investigation 16-31.5-11-4Designation of nonpublic information 16-31.5-11-5Expunged information

IC 16-31.5-11-1Coordinated data base developed Sec. 1. The commission shall provide for the development and maintenance of a coordinated data base and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-11-2Submission of uniform data Sec. 2. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated data base on all individuals to whom this compact is applicable as required by the rules of the commission, including the following:

(1) Identifying information.

(2) Licensure data.

(3) Significant investigatory information.

(4) Adverse actions against an individual's license.

(5) An indicator that an individual's privilege to practice is restricted, suspended, or revoked.

(6) Nonconfidential information related to alternative program participants.

(7) Any denial of application for licensure, and the reasons for such denial.

(8) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-11-3Notification of action or investigation Sec. 3. The coordinated data base administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-11-4Designation of nonpublic information Sec. 4. Member states contributing information to the coordinated data base may designate information that may not be shared with the public without the express permission of the contributing state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-11-5Expunged information Sec. 5. Any information submitted to the coordinated data base that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated data base.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12Chapter 12. Rulemaking

16-31.5-12-1Binding rules 16-31.5-12-2Rejection of a rule by a member state 16-31.5-12-3Adoption of rules and amendments 16-31.5-12-4Notice of proposed rules 16-31.5-12-5Submission of comments to proposed rule 16-31.5-12-6Public hearing 16-31.5-12-7Meeting notice; notification to be heard; transcript not required 16-31.5-12-8Consideration of comments 16-31.5-12-9Majority vote required 16-31.5-12-10Hearing not required if there are no interested parties 16-31.5-12-11Emergency rules 16-31.5-12-12Revision of errors; challenges

IC 16-31.5-12-1Binding rules Sec. 1. The commission shall exercise the commission's rulemaking powers pursuant to the criteria set forth in this chapter and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-2Rejection of a rule by a member state Sec. 2. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any member state.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-3Adoption of rules and amendments Sec. 3. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-4Notice of proposed rules Sec. 4. (a) Prior to promulgation and adoption of a final rule by the commission, and at least sixty (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 rulemaking:

(1) on the website of the commission; and

(2) on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.

(b) The notice of proposed rulemaking shall include:

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

(3) a request for comments on the proposed rule from any interested person; and

(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.

As added by P.L.3-2020, SEC.1. Amended by P.L.23-2026, SEC.136.

IC 16-31.5-12-5Submission of comments to proposed rule Sec. 5. Prior to 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-6Public hearing Sec. 6. The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment if a hearing is requested by:

(1) at least twenty-five (25) persons;

(2) a governmental subdivision or agency; or

(3) an association having at least twenty-five (25) members.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-7Meeting notice; notification to be heard; transcript not required Sec. 7. (a) 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.

(b) 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 five (5) business days before the scheduled date of the hearing.

(c) 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.

(d) 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 subsection shall not preclude the commission from making a transcript of the recording of the hearing if it so chooses.

(e) Nothing in this section 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 chapter.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-8Consideration of comments Sec. 8. 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-9Majority vote required Sec. 9. 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 rulemaking record and the full text of the rule.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-10Hearing not required if there are no interested parties Sec. 10. 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-11Emergency rules Sec. 11. 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 rulemaking procedures provided in the compact and in this chapter shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For purposes of this section, an emergency rule is one that must be adopted immediately in order to:

(1) meet an imminent threat to public health, safety, or welfare;

(2) prevent a loss of commission or member state funds;

(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) protect public health and safety.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-12-12Revision of errors; challenges Sec. 12. (a) 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.

(b) The revisions shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule.

(c) 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.

As added by P.L.3-2020, SEC.1. Amended by P.L.23-2026, SEC.137.

IC 16-31.5-13Chapter 13. Oversight, Dispute Resolution, and Enforcement

16-31.5-13-1Enforcement of compact; service of process 16-31.5-13-2Member state default; termination of membership 16-31.5-13-3Disputes between states 16-31.5-13-4Commission enforcement of compact

IC 16-31.5-13-1Enforcement of compact; service of process Sec. 1. (a) 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.

(b) 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.

(c) The commission shall be entitled to receive service of process in any proceeding described in this section, and shall have standing to intervene in the 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-13-2Member state default; termination of membership Sec. 2. (a) If the commission determines that a member state has defaulted in the performance of the obligations or responsibilities under this compact or the promulgated rules, the commission shall:

(1) provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission; and

(2) provide remedial training and specific technical assistance regarding the default.

(b) 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 the termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(c) 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.

(d) 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.

(e) 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.

(f) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has the commission's principal offices. The prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-13-3Disputes between states Sec. 3. (a) 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.

(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-13-4Commission enforcement of compact Sec. 4. (a) The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of this compact.

(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has the commission's 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 the litigation, including reasonable attorney's fees.

(c) The remedies under this chapter shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-14Chapter 14. Date of Implementation of the Interstate Commission for EMS Personnel Practice and Associated Rules, Withdrawal, and Amendment

16-31.5-14-1Compact initial effective date 16-31.5-14-2Subsequent members; effect of rules 16-31.5-14-3Withdrawal from compact 16-31.5-14-4EMS personnel agreements between states 16-31.5-14-5Amendments to compact

IC 16-31.5-14-1Compact initial effective date Sec. 1. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth 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 rulemaking powers necessary to the implementation and administration of the compact.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-14-2Subsequent members; effect of rules Sec. 2. 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-14-3Withdrawal from compact Sec. 3. (a) Any member state may withdraw from this compact by enacting a statute repealing the compact.

(b) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-14-4EMS personnel agreements between states Sec. 4. Nothing contained in this compact shall be construed to invalidate or prevent any EMS 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.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-14-5Amendments to compact Sec. 5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until the amendment is enacted into the laws of all member states.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-15Chapter 15. Construction and Severability

16-31.5-15-1Liberal construction of compact 16-31.5-15-2Laws licensing EMS agencies

IC 16-31.5-15-1Liberal construction of compact Sec. 1. 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 member state, the compact shall remain in full force and effect as to the remaining member states.

As added by P.L.3-2020, SEC.1.

IC 16-31.5-15-2Laws licensing EMS agencies Sec. 2. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.

As added by P.L.3-2020, SEC.1.

IC 16-32ARTICLE 32. PERSONS WITH DISABILITIES

Ch. 1.Plan for Diagnostic and Evaluative Services for Persons With Disabilities Ch. 2.The Committee for the Purchase of Products and Services of Persons With a Disability Ch. 3.Rights of Blind and Other Physically Disabled Persons Ch. 3.5.Service Animals Ch. 4.Developmental Disability Bracelet and Identification Card Ch. 5.Anatomical Gifts and Transplantation

IC 16-32-1Chapter 1. Plan for Diagnostic and Evaluative Services for Persons With Disabilities

16-32-1-1Legislative intent; purpose 16-32-1-2Development of plan for diagnostic and evaluative services 16-32-1-3Scope of plan 16-32-1-4Effect of plan on departmental and agency procedures