24 Del. C. § 1707C: Establishment of the Respiratory Care Interstate Compact Commission.

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this Compact known as the Respiratory Care Interstate Compact Commission. The Commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any 1 state. The Commission comes into existence on or after the effective date of this Compact, as set forth in § 1711C of this title.

(b) Membership, voting, and meetings. —

(1) Each member state has and is limited to 1 Commissioner selected by that member state’s respiratory therapy licensing authority.

(2) The Commissioner must be an administrator or their designated staff member of the member state’s respiratory therapy licensing authority.

(3) The Commission shall by rule or bylaw establish a term of office for Commissioners and may by rule or bylaw establish term limits.

(4) The Commission may recommend to a member state the removal or suspension of any Commissioner from office.

(5) A member state’s respiratory therapy licensing authority shall fill any vacancy of its Commissioner occurring on the Commission within 60 days of the vacancy.

(6) Each Commissioner is entitled to 1 vote on all matters before the Commission requiring a vote by Commissioners.

(7) A Commissioner shall vote in person or by the other means provided in the bylaws. The bylaws may provide for Commissioners to meet by telecommunication, videoconference, or other means of communication.

(8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws.

(c) The Commission has all of the following powers:

(1) Establish and amend the fiscal year of the Commission.

(2) Establish and amend bylaws and policies, including a code of conduct and conflict of interest.

(3) Establish and amend rules, which are binding in all member states.

(4) Maintain its financial records in accordance with the bylaws.

(5) Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws.

(6) Initiate and conduct legal proceedings or actions in the name of the Commission, provided that the standing of any respiratory therapy licensing authority to sue or be sued under applicable law is not affected.

(7) Maintain and certify records and information provided to a member state as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf.

(8) Purchase and maintain insurance and bonds.

(9) Accept or contract for services of personnel, including employees of a member state.

(10) Conduct an annual financial review.

(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(12) Assess and collect fees.

(13) Accept appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall do all of the following:

a. Avoid any appearance of impropriety.

b. Avoid any appearance of conflict of interest.

(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.

(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed, or any undivided interest therein.

(16) Establish a budget and make expenditures.

(17) Borrow money in a fiscally responsible manner.

(18) Appoint committees, including standing committees, composed of Commissioners, 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.

(19) Provide and receive information from, and cooperate with, law-enforcement agencies.

(20) Establish and elect an Executive Committee, including a chair, vice-chair, secretary, treasurer, and such other offices as the Commission shall establish by rule or bylaw.

(21) Enter into contracts or arrangements for the management of the affairs of the Commission.

(22) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in this Compact.

(23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

(d) The Executive Committee. —

(1) The Executive Committee has the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee include all of the following:

a. Overseeing the day-to-day activities of the administration of this Compact, including enforcement and compliance with the provisions of this Compact, its rules and bylaws, and other such duties as deemed necessary.

b. Recommending to the Commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.

c. Ensuring compact administration services are appropriately provided, including by contract.

d. Preparing and recommending the budget.

e. Maintaining financial records on behalf of the Commission.

f. Monitoring compact compliance of member states and providing compliance reports to the Commission.

g. Establishing additional committees as necessary.

h. Exercising the powers and duties of the Commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw.

i. Performing other duties as provided in the rules or bylaws of the Commission.

(2) The Executive Committee is composed of up to 9 members, as further set forth in the bylaws of the Commission:

a. Seven voting members who are elected by the Commission from the current membership of the Commission; and

b. Two ex-officio, nonvoting members.

(3) The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

(4) The Executive Committee shall meet at least annually.

a. Executive committee meetings must be open to the public, except that the Executive Committee may meet in a closed, nonpublic meeting as provided in paragraph (f)(4) of this section.

b. The Executive Committee shall give advance notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

c. The Executive Committee may hold a special meeting in accordance with paragraph (f)(2) of this section.

(e) The Commission shall adopt and provide to the member states an annual report.

(f) Meetings of the Commission. —

(1) All meetings of the Commission that are not closed under paragraph (f)(4) of this section must be open to the public. Notice of public meetings must be posted on the Commission’s website at least 30 days prior to the public meeting.

(2) Notwithstanding paragraph (f)(1) of this section, the Commission may convene an emergency public meeting by providing at least 24 hours’ prior notice on the Commission’s website, and any other means as provided in the Commission’s rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 1709C(g) of this title. The Commission’s legal counsel shall certify that 1 of the reasons justifying an emergency public meeting has been met.

(3) Notice of all commission meetings must provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice must include the mechanism for access to the meeting.

(4) The Commission or the Executive Committee may convene in a closed, nonpublic meeting for the Commission or Executive Committee to receive or solicit legal advice or to discuss any of the following:

a. Noncompliance of a member state with its obligations under this Compact.

b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees.

c. Current or threatened discipline of a licensee or compact privilege holder by the Commission or by a member state’s respiratory therapy licensing authority.

d. Current, threatened, or reasonably anticipated litigation.

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

f. Accusing any person of a crime or formally censuring any person.

g. Trade secrets or commercial or financial information that is privileged or confidential.

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

i. Investigative records compiled for law-enforcement purposes.

j. Information related to any investigative 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 this Compact.

k. Legal advice.

l. Matters specifically exempted from disclosure by federal or member state law.

m. Other matters as promulgated by the Commission by rule.

(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.

(6) The Commission shall keep minutes in accordance with commission rules and bylaws. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(g) 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 appropriate revenue sources as provided herein.

(3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the Commission and its staff. The aggregate annual assessment amount for member states, if any, must be allocated based upon a formula that the Commission shall promulgate by rule.

(4) The Commission may not incur obligations of any kind prior to securing the funds or a loan adequate to meet the same. The Commission may not 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 are subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the Commission.

(h) Qualified immunity, defense, and indemnification. —

(1) Nothing in this Compact may be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.

(2) The member states, Commissioners, officers, executive directors, employees, and agents of the Commission are immune from suit and liability, both personally and 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. Nothing in this subsection may be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. The procurement of insurance of any type by the Commission does not in any way compromise or limit the immunity granted under this subsection.

(3) The Commission shall defend any Commissioner, officer, executive director, employee, and agent 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 as determined by the Commission 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 if the actual or alleged act, error, or omission did not result from that person’s intentional or wilful or wanton misconduct. Nothing in this Compact may be construed to prohibit that person from retaining their own counsel at their own expense.

(4) The Commission shall indemnify and hold harmless any Commissioner, member, officer, executive director, employee, and agent 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 wilful or wanton misconduct of that person.

(5) Nothing in this Compact may be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act [15 U.S.C. § 1 et seq.], Clayton Act [15 U.S.C. § 12 et seq.], or any other state or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compact may be construed to be a waiver of sovereign immunity by the member states or by the Commission.