Okla. Stat. tit. 63, § 63-1-2559

for EMS Personnel Practice.

ARTICLE X

Establishment of the Interstate Commission for EMS Personnel

Practice

A. The Compact states hereby create and establish a joint

public agency known as the Interstate Commission for EMS Personnel

Practice.

1. The Commission is a body politic and an instrumentality of

the Compact states.

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.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Membership, Voting, and Meetings

1. Each member state shall have and be limited to one

delegate. The responsible official of the state EMS authority or

his or her 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. 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 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 854

determine which entity will be responsible for assigning the

delegate.

2. Each delegate shall be entitled to one 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.

3. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

4. 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 Article XII of this Compact.

5. The Commission may convene in a closed, nonpublic meeting if

the Commission must discuss:

a. noncompliance of a member state with its obligations

under the Compact,

b. the employment, compensation, discipline, or other

personnel matters, practices, or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures,

c. current, threatened, or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase or sale of

goods, services, or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigatory records compiled for law

enforcement purposes,

i. 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, or

j. matters specifically exempted from disclosure by

federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to

paragraph 5 of this subsection, the Commission's legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision in paragraph 5 of this

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ifically exempted from disclosure by

federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to

paragraph 5 of this subsection, the Commission's legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision in paragraph 5 of this

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subsection. 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 such 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.

C. The Commission shall, by a majority vote of the delegates,

prescribe bylaws and/or rules to govern its conduct as may be

necessary or appropriate to carry out the purposes and exercise the

powers of the Compact, including, but not limited to:

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 for 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

and/or reserving of all of its debts and obligations;

8. The Commission shall publish its 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;

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9. The Commission shall maintain its financial records in

accordance with the bylaws; and

10. The Commission shall meet and take such actions as are

consistent with the provisions of this Compact and the bylaws.

D. The Commission shall have the following powers:

1. The authority 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;
l 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

and/or conflict of interest;

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, and 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; and

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.

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E. 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.

2. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials, and services.

3. 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 its

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.

4. The Commission shall not incur obligations of any kind prior

to securing the funds 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.

5. 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 its 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 part of the annual report of the Commission.

F. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees, and
s established

under its 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 part of the annual report of the Commission.

F. Qualified Immunity, Defense, and Indemnification

1. 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 paragraph shall be

construed to protect any such person from suit and/or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person.

2. 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,

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duties, or responsibilities; provided that nothing in this paragraph

shall be construed to prohibit that person from retaining his or her

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.

3. 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.