5-54.1-9. Data system.

(a) The commission shall provide for the development, maintenance, operation, and

utilization of a coordinated data and reporting system containing licensure, adverse action, and the

reporting of the existence of significant investigative information on all licensed PAs and applicants

denied a license in participating states.

(b) Notwithstanding any other state law to the contrary, a participating state shall submit a

uniform data set to the data system on all PAs to whom this compact is applicable (utilizing a

unique identifier) as required by the rules of the commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license or compact privilege;

(4) Any denial of application for licensure, and the reason(s) for such denial, excluding the

reporting of any criminal history record information prohibited by section 5-54.1-13.1 of this

chapter or other state or federal law;

(5) The existence of significant investigative information; and

(6) Other information that may facilitate the administration of this compact, as determined

by the rules of the commission.

(c) Significant investigative information pertaining to a licensee in any participating state

shall only be available to other participating states.

(e) Participating states contributing information to the data system may, in accordance with

state or federal law, designate information that may not be shared with the public without the

express permission of the contributing state. Notwithstanding any such designation, such

information shall be reported to the commission through the data system.

(f) Any information submitted to the data system that is subsequently expunged pursuant

to federal law or the laws of the participating state contributing the information shall be removed

from the data system upon reporting of such by the participating state to the commission.

(g) The records and information provided to a participating state pursuant to this compact

or through the data system, when certified by the commission or an agent thereof, shall constitute

the authenticated business records of the commission, and shall be entitled to any associated

hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a

participating state.

3 5-54.1-10. Rulemaking.

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Commission rules shall become binding as of the

date specified by the commission for each rule.

(b) The commission shall promulgate reasonable rules in order to effectively and efficiently

implement and administer this compact and achieve its purposes. A commission rule shall be

invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is

invalid because the commission exercised its rulemaking authority in a manner that is beyond the

scope of the purposes of this compact, or the powers granted hereunder, or based upon another

applicable standard of review.

(c) The rules of the commission shall have the force of law in each participating state,

provided however that where the rules of the commission conflict with the laws of the participating

state that establish the medical services a PA may perform in the participating state, as held by a

court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the

extent of the conflict.

(d) If a majority of the legislatures of the participating states rejects a commission rule, by

enactment of a statute or resolution in the same manner used to adopt this compact within four (4)

years of the date of adoption of the rule, then such rule shall have no further force and effect in any

participating state or to any state applying to participate in the compact.

(e) Commission rules shall be adopted at a regular or special meeting of the commission.

(f) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least thirty (30) 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 or other publicly accessible platform; and

(2) To persons who have requested notice of the commission’s notices of proposed

rulemaking, and

(3) In such other way(s) as the commission may by rule specify.

(g) The notice of proposed rulemaking shall include:

(1) The time, date, and location of the public hearing on the proposed rule and the proposed

time, date and location of the meeting in which the proposed rule will be considered and voted

upon;

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

(3) A request for comments on the proposed rule from any interested person and the date

by which written comments must be received; and

(4) The manner in which interested persons may submit notice to the commission of their

intention to attend the public hearing or provide any written comments.

(h) 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.

(i) If the hearing is to be held via electronic means, the commission shall publish the

mechanism for access to the electronic hearing.

(1) All persons wishing to be heard at the hearing shall as directed in the notice of proposed

rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the

commission of their desire to appear and testify at the hearing.

(2) 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.

(3) All hearings shall be recorded. A copy of the recording and the written comments, data,

facts, opinions, and arguments received in response to the proposed rulemaking shall be made

available to a person upon request.

(4) Nothing in this section shall be construed as requiring a separate hearing on each

proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings

required by this section.

(j) Following the public hearing the commission shall consider all written and oral

comments timely received.

(k) The commission shall, by majority vote of all delegates, take final action on the

proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking

record and the full text of the rule.

(1) If adopted, the rule shall be posted on the commission’s website.

(2) The commission may adopt changes to the proposed rule provided the changes do not

enlarge the original purpose of the proposed rule.

(3) The commission shall provide on its website an explanation of the reasons for

substantive changes made to the proposed rule as well as reasons for substantive changes not made

that were recommended by commenters.

(4) The commission shall determine a reasonable effective date for the rule. Except for an

emergency as provided in subsection (l) of this section, the effective date of the rule shall be no

sooner than thirty (30) days after the commission issued the notice that it adopted the rule.

(l) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment,

or hearing, provided that the usual rulemaking procedures provided in this compact and in this

section hall 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 the purposes of this provision, an emergency

rule is one that must be adopted immediately by the commission in order to:

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

(2) Prevent a loss of commission or participating state funds;

(3) Meet a deadline for the promulgation of a commission rule that is established by federal

law or rule; or

(4) Protect public health and safety.

(m) The commission or an authorized committee of the commission may direct revisions

to a previously adopted commission rule 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. The revision 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. A challenge shall be made as set forth in the notice

of revisions and delivered to 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.

(n) No participating state’s rulemaking requirements shall apply under this compact.