The member states hereby create the Interstate Prescription Monitoring Program Commission to govern the compact. The interstate commission is composed of the member states and not a 3rd-party group or federal agency. The activities of the commission are the formation of public policy and are a discretionary state function. [PL 2011, c. 217, §1 (NEW).] 1. Body corporate. The commission is a body corporate and joint agency of the member states and has all the responsibilities, powers and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. [PL 2011, c. 217, §1 (NEW).] 2. Composition. The commission consists of one voting representative from each member state who is that member state's appointed commissioner and who is empowered to determine statewide policy related to matters governed by this compact. The commissioner must be a policy maker within the agency that houses the member state's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).] 3. Nonvoting advisor. In addition to the commissioner, a member state shall appoint a nonvoting advisor who is a representative of the member state's prescription monitoring program. [PL 2011, c. 217, §1 (NEW).] 4. Members of interested organizations. In addition to the voting representatives and nonvoting advisor of each member state, the commission may include persons who are not voting representatives, but who are members of interested organizations as determined by the commission. [PL 2011, c. 217, §1 (NEW).] 5. Each member state entitled to one vote. Each member state represented at a meeting of the commission is entitled to one vote. A majority of the member states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws. A representative may not delegate a vote to another member state. In the event a commissioner is unable to attend a meeting of the commission, the appropriate appointing authority may delegate voting authority to another person from that member state for a specified meeting. The bylaws may provide for meetings of the commission to be conducted by electronic communication. [PL 2011, c. 217, §1 (NEW).] 6. Meetings. The commission shall meet at least once each calendar year. The chair of the commission may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. [PL 2011, c. 217, §1 (NEW).] 7. Executive committee. The commission shall establish an executive committee, which must include officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the commission, with the exception of rulemaking. During periods when the commission is not in session the executive committee shall oversee the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as determined necessary. [PL 2011, c. 217, §1 (NEW).] 8. Committee structure. The commission shall maintain a committee structure for governance in areas including but not limited to policy, compliance, education and technology and shall include specific opportunities for stakeholder input. [PL 2011, c. 217, §1 (NEW).] 9. Records available to public. The commission's bylaws and rules must establish conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure information or official records that would adversely affect personal privacy rights or proprietary interests. [PL 2011, c. 217, §1 (NEW).] 10. Public notice of meetings; meetings open to public. The commission shall provide public notice of all meetings and all meetings must be open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission may close a meeting, or portion of a meeting, when it determines by a 2/3 vote of the members present that discussions at the open meeting would be likely to: A. Relate solely to the commission's internal personnel practices and procedures; [PL 2011, c. 217, §1 (NEW).] B. Concern matters specifically exempted from disclosure by federal and state statute; [PL 2011, c. 217, §1 (NEW).] C. Concern trade secrets or commercial or financial information that is privileged or confidential; [PL 2011, c. 217, §1 (NEW).] D. Involve accusing a person of a crime or formally censuring a person; [PL 2011, c. 217, §1 (NEW).] E. Concern information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; [PL 2011, c. 217, §1 (NEW).] F. Concern investigative records compiled for law enforcement purposes; or [PL 2011, c. 217, §1 (NEW).] G. Specifically relate to the commission's participation in a civil action or other legal proceeding. [PL 2011, c. 217, §1 (NEW).] [PL 2011, c. 217, §1 (NEW).] 11. Requirements for meeting closed to public. For a meeting or portion of a meeting closed pursuant to subsection 10, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptive provision. The commission shall keep minutes that must fully and clearly describe all matters discussed in a meeting and must provide a full and accurate summary of actions taken and the reasons for those actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in these minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission. [PL 2011, c. 217, §1 (NEW).]
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