AB410,,254 (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:

AB410,,255 1. Identifying information;

AB410,,256 2. Licensure data;

AB410,,257 3. Adverse actions against a license or compact privilege;

AB410,,258 4. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);

AB410,,259 5. The existence of significant investigative information; and

AB410,,260 6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

AB410,,261 (c) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.

AB410,,262 (d) The commission shall promptly notify all participating states of any adverse action taken against a licensee or an individual applying for a license that has been reported to it. This adverse action information shall be available to any other participating state.

AB410,,263 (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.

AB410,,264 (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.

AB410,,265 (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.

AB410,,266 (9) Rule making. (a) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Commission rules shall become binding as of the date specified by the commission for each rule.

AB410,,267 (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 rule-making 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.

AB410,,268 (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.

AB410,,269 (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.

AB410,,270 (e) Commission rules shall be adopted at a regular or special meeting of the commission.

AB410,,271 (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 rule making:

AB410,,272 1. On the website of the commission or other publicly accessible platform; and

AB410,,273 2. To persons who have requested notice of the commission’s notices of proposed rule making, and

AB410,,274 3. In such other way(s) as the commission may by rule specify.

AB410,,275 (g) The notice of proposed rule making shall include:

AB410,,276 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;

AB410,,277 2. The text of the proposed rule and the reason for the proposed rule;

AB410,,278 3. A request for comments on the proposed rule from any interested person and the date by which written comments must be received; and

AB410,,279 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.

AB410,,280 (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.

AB410,,281 (i) If the hearing is to be held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.

AB410,,282 1. All persons wishing to be heard at the hearing shall as directed in the notice of proposed rule making, 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.