1.The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Commission rules become binding as
of the date specified by the commission for each rule.
2.The commission shall promulgate reasonable rules to effectively and efficiently
implement and administer this compact and achieve its purposes. A commission rule is
invalid and without force or effect only if a court of competent jurisdiction holds 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.
3.The rules of the commission have the force of law in each participating state, pr
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1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this section and the rules adopted thereunder. Commission rules become binding as
of the date specified by the commission for each rule.
2. The commission shall promulgate reasonable rules to effectively and efficiently
implement and administer this compact and achieve its purposes. A commission rule is
invalid and without force or effect only if a court of competent jurisdiction holds 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.
3. The rules of the commission 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 physician assistant may
perform in the participating state, as held by a court of competent jurisdiction, the rules
of the commission are ineffective in that state to the extent of the conflict.
4. 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 years of the date of adoption of the rule, then such rule has no further force
and effect in any participating state or to any state applying to participate in the
compact.
5. Commission rules must be adopted at a regular or special meeting of the commission.
6. Prior to promulgation and adoption of a final rule or rules by the commission, and at
least thirty 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:
a. On the website of the commission or other publicly accessible platform;
b. To persons who have requested notice of the commission's notices of proposed
rulemaking; and
c. In such other ways as the commission may by rule specify.
7. The notice of proposed rulemaking must include:
a. 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;
b. The text of the proposed rule and the reason for the proposed rule;
c. A request for comments on the proposed rule from any interested person and the
date by which written comments must be received; and
d. 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.
8. Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which must be made available to the
public.
9. If the hearing is to be held via electronic means, the commission shall publish the
mechanism for access to the electronic hearing.
a. All persons wishing to be heard at the hearing shall as directed in the notice of
proposed rulemaking, not less than five business days before the scheduled date
of the hearing, notify the commission of their desire to appear and testify at the
hearing.
b. Hearings must be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
c. All hearings must be recorded. A copy of the recording and the written comments,
data, facts, opinions, and arguments received in response to the proposed
rulemaking must be made available to a person upon request.
d. This section may not 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.
10. Following the public hearing, the commission shall consider all written and oral
comments timely received.
11. 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.
a. If adopted, the rule must be posted on the commission's website.
b. The commission may adopt changes to the proposed rule provided the changes
do not enlarge the original purpose of the proposed rule.
c. The commission shall provide on its website an explanation of the reasons for
substantive changes made to the proposed rule and reasons for substantive
changes not made that were recommended by commenters.
d. The commission shall determine a reasonable effective date for the rule. Except
for an emergency as provided in subsection 12, the effective date of the rule must
be no sooner than thirty days after the commission issued the notice that it
adopted the rule.
12. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule with twenty-four hours prior notice, without the opportunity
for comment, or hearing, provided that the usual rulemaking procedures provided in
this compact and in this section are retroactively applied to the rule as soon as
reasonably possible, in no event later than ninety days after the effective date of the
rule. For purposes of this subsection, an emergency rule is one that must be adopted
immediately by the commission in order to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of commission or participating state funds;
c. Meet a deadline for the promulgation of a commission rule that is established by
federal law or rule; or
d. Protect public health and safety.
13. 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 must be posted on the website of the commission. The revision must be
subject to challenge by any person for a period of thirty days after posting. The
revision may be challenged only on grounds the revision results in a material change
to a rule. A challenge must 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.
14. No participating state's rulemaking requirements apply under this compact.