43-32.1-01. Psychology interjurisdictional compact

43-32.1-01. Psychology interjurisdictional compact

ARTICLE I - PURPOSE

WHEREAS, states license psychologists, in order to protect the public through verification

of education, training and experience and ensure accountability for professional practice; and

WHEREAS, this compact is intended to regulate the day-to-day practice of telepsychology

(i.e. the provision of psychological services using telecommunication technologies) by

psychologists across state boundaries in the performance of their psychological practice as

assigned by appropriate authority; and

WHEREAS, this compact is intended to regulate the temporary in-person, face-to-face

practice of psychology by psychologists across state boundaries for thirty days within a calendar

year in the performance of their psychological practice as assigned by an appropriate authority;

WHEREAS, this compact is intended to authorize state psychology regulatory authorities to

afford legal recognition, in a manner consistent with the terms of the compact, to psychologists

licensed in another state;

WHEREAS, this compact recognizes that states have a vested interest in protecting the

public's health and safety through their licensing and regulation of psychologists and that such

state regulation will best protect public health and safety;

WHEREAS, this compact does not apply when a psychologist is licensed in both the home

and receiving states; and

WHEREAS, this compact does not apply to permanent in-person, face-to-face practice, it

does allow for authorization of temporary psychological practice. Consistent with these

principles, this compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for

telepsychological practice across state lines as well as temporary in-person, face-to-

face services into a state which the psychologist is not licensed to practice psychology;

2. Enhance the states' ability to protect the public's health and safety, especially

client/patient safety;

3. Encourage the cooperation of compact states in the areas of psychology licensure and

regulation;

4. Facilitate the exchange of information between compact states regarding psychologist

licensure, adverse actions and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each compact

state; and

6. Invest all compact states with the authority to hold licensed psychologists accountable

through the mutual recognition of compact state licenses.

ARTICLE II - DEFINITIONS

In this compact:

1. "Adverse action" means any action taken by a state psychology regulatory authority

which finds a violation of a statute or regulation that is identified by the state

psychology regulatory authority as discipline and is a matter of public record.

2. "Association of state and provincial psychology boards" means the recognized

membership organization composed of state psychology regulatory authorities

responsible for the licensure and registration of psychologists throughout the United

States and Canada.

3. "Authority to practice jurisdictional telepsychology" means a licensed psychologist's

authority to practice telepsychology, within the limits authorized under this compact, in

another compact state.

4. "Bylaws" means those bylaws established by the psychology interjurisdictional

compact commission pursuant to article X for its governance, or for directing and

controlling its actions and conduct.

5. "Client/patient" means the recipient of psychological services, whether psychological

services are delivered in the context of health care, corporate, supervision, and/or

consulting services.

6. "Commissioner" means the voting representative appointed by each state psychology

regulatory authority pursuant to article X.

7. "Compact state" means a state, the District of Columbia, or United States territory that

means the recipient of psychological services, whether psychological

services are delivered in the context of health care, corporate, supervision, and/or

consulting services.

6. "Commissioner" means the voting representative appointed by each state psychology

regulatory authority pursuant to article X.

7. "Compact state" means a state, the District of Columbia, or United States territory that

has enacted this compact legislation and which has not withdrawn pursuant to

article XIII, subsection 3 or been terminated pursuant to article XII, subsection 2.

8. "Confidentiality" means the principle that data or information is not made available or

disclosed to unauthorized persons or processes.

9. "Coordinated licensure information system" also referred to as "coordinated database"

means an integrated process for collecting, storing, and sharing information on

psychologists' licensure and enforcement activities related to psychology licensure

laws, which is administered by the recognized, membership organization composed of

state and provincial psychology regulatory authorities.

10. "Day" means any part of a day in which psychological work is performed.

11. "Distant state" means the compact state where a psychologist is physically present

(not through the use of telecommunications technologies), to provide temporary

in-person, face-to-face psychological services.

12. "E.passport" means a certificate issued by the association of state and provincial

psychology boards that promotes the standardization in the criteria of interjurisdictional

telepsychology practice and facilitates the process for licensed psychologists to

provide telepsychological services across state lines.

13. "Executive board" means a group of directors elected or appointed to act on behalf of,

and within the powers granted to them by, the commission.

14. "Home state" means a compact state where a psychologist is licensed to practice

psychology. If the psychologist is licensed in more than one compact state and is

practicing under the authorization to practice interjurisdictional telepsychology, the

home state is the compact state where the psychologist is physically present when the

telepsychological services are delivered. If the psychologist is licensed in more than

one compact state and is practicing under the temporary authorization to practice, the

home state is any compact state where the psychologist is licensed.

15. "Identity history summary" means a summary of information retained by the federal

bureau of investigation, or other designee with similar authority, in connection with

arrests and, in some instances, federal employment, naturalization, or military service.

16. "In-person, face-to-face" means interactions in which the psychologist and the

client/patient are in the same physical space and which does not include interactions

that may occur through the use of telecommunication technologies.

17. "Interjurisdictional practice certificate" means a certificate issued by the association of

state and provincial psychology boards that grants temporary authority to practice

based on notification to the state psychology regulatory authority of intention to

practice temporarily, and verification of one's qualifications for such practice.

18. "License" means authorization by a state psychology regulatory authority to engage in

the independent practice of psychology, which would be unlawful without the

authorization.

19. "Noncompact state" means any state which is not at the time a compact state.

20. "Psychologist" means an individual licensed for the independent practice of

psychology.

21. "Psychology interjurisdictional compact commission" also referred to as "commission"

means the national administration of which all compact states are members.

22. "Receiving state" means a compact state where the client/patient is physically located

when the telepsychological services are delivered.

. "Psychologist" means an individual licensed for the independent practice of

psychology.

21. "Psychology interjurisdictional compact commission" also referred to as "commission"

means the national administration of which all compact states are members.

22. "Receiving state" means a compact state where the client/patient is physically located

when the telepsychological services are delivered.

23. "Rule" means a written statement by the psychology interjurisdictional compact

commission promulgated pursuant to article XI of the compact that is of general

applicability, implements, interprets, or prescribes a policy or provision of the compact,

or an organizational, procedural, or practice requirement of the commission and has

the force and effect of statutory law in a compact state, and includes the amendment,

repeal, or suspension of an existing rule.

24. "Significant investigatory information" means:

a. Investigative information that a state psychology regulatory authority, after a

preliminary inquiry that includes notification and an opportunity to respond if

required by state law, has reason to believe, if proven true, would indicate more

than a violation of state statute or ethics code that would be considered more

substantial than minor infraction; or

b. Investigative information that indicates that the psychologist represents an

immediate threat to public health and safety regardless of whether the

psychologist has been notified and/or had an opportunity to respond.

25. "State" means a state, commonwealth, territory, or possession of the United States,

the District of Columbia.

26. "State psychology regulatory authority" means the board, office, or other agency with

the legislative mandate to license and regulate the practice of psychology.

27. "Telepsychology" means the provision of psychological services using

telecommunication technologies.

28. "Temporary authorization to practice" means a licensed psychologist's authority to

conduct temporary in-person, face-to-face practice, within the limits authorized under

this compact, in another compact state.

29. "Temporary in-person, face-to-face practice" means where a psychologist is physically

present (not through the use of telecommunications technologies), in the distant state

to provide for the practice of psychology for thirty days within a calendar year and

based on notification to the distant state.

ARTICLE III - HOME STATE LICENSURE

1. The home state shall be a compact state where a psychologist is licensed to practice

psychology.

2. A psychologist may hold one or more compact state licenses at a time. If the

psychologist is licensed in more than one compact state, the home state is the

compact state where the psychologist is physically present when the services are

delivered as authorized by the authority to practice interjurisdictional telepsychology

under the terms of this compact.

3. Any compact state may require a psychologist not previously licensed in a compact

state to obtain and retain a license to be authorized to practice in the compact state

under circumstances not authorized by the authority to practice interjurisdictional

telepsychology under the terms of this compact.

4. Any compact may require a psychologist to obtain and retain a license to be

authorized to practice in a compact state under circumstances not authorized by

temporary authorization to practice under the terms of this compact.

5. A home state's license authorizes a psychologist to practice in a receiving state under

the authority to practice interjurisdictional telepsychology only if the compact state:

a. Currently requires the psychologist to hold an active e.passport;

b. Has a mechanism in place for receiving and investigation complaints about

licensed individuals;

c. Notifies to commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

ctice interjurisdictional telepsychology only if the compact state:

a. Currently requires the psychologist to hold an active e.passport;

b. Has a mechanism in place for receiving and investigation complaints about

licensed individuals;

c. Notifies to commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

d. Requires an identity history summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with

the requirements of the federal bureau of investigation, or other designee with

similar authority, no later than ten years after activation of the compact; and

e. Complies with the bylaws and rules of the commission.

6. A home state's license grants temporary authorization to practice to a psychologist in a

distant state only if the compact state:

a. Currently requires the psychologist to hold an active interjurisdictional practice

certificate;

b. Has a mechanism in place for receiving and investigation complaints about

licensed individuals;

c. Notifies the commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

d. Requires an identity history summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with

the requirements of the federal bureau of investigation, or other designee with

similar authority, no later than ten years after activation of the compact; and

e. Complies with the bylaws and rules of the commission.

ARTICLE IV - COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

1. Compact states shall recognize the right of a psychologist, licensed in a compact state

in conformance with article III, to practice telepsychology in other compact states

(receiving states) in which the psychologist is not licensed, under the authority to

practice interjurisdictional telepsychology as provided in the compact.

2. To exercise the authority to practice interjurisdictional telepsychology under the terms

and provisions of this compact, a psychologist licensed to practice in a compact state

must:

a. Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded:

(1) Regionally accredited by an accrediting body recognized by the United

States department of education to grant graduate degrees, or authorized by

provincial statute or royal charter to grant doctoral degrees;

(2) A foreign college or university deemed to be equivalent to paragraph 1 by a

foreign credential evaluation service that is a member of the national

association of credential evaluation services or by a recognized foreign

credential evaluation service;

b. Hold a graduate degree in psychology that meets the following criteria:

(1) The program, wherever it may be administratively housed, must be clearly

identified and labeled as a psychology program. Such a program must

specify in pertinent institutional catalogs and brochures its intent to educate

and train professional psychologists;

(2) The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

(3) There must be a clear authority and primary responsibility for the core and

specialty areas whether or not the program cuts across administrative lines;

(4) The program must consist of an integrated, organized sequence of study;

(5) There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

(6) The designated director of the program must be a psychologist and a

member of the core faculty;

(7) The program must have an identifiable body of students who are

matriculated in that program for a degree;

ogram must consist of an integrated, organized sequence of study;

(5) There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

(6) The designated director of the program must be a psychologist and a

member of the core faculty;

(7) The program must have an identifiable body of students who are

matriculated in that program for a degree;

(8) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

(9) The curriculum shall encompass a minimum of three academic years of full-

time graduate study for doctoral degree and a minimum of one academic

year of full-time graduate study for master's degree;

(10) The program includes an acceptable residency as defined by the rules of

the commission.

c. Possess a current, full and unrestricted license to practice psychology in a home

state which is a compact state;

d. Have no history of adverse action that violate the rules of the commission;

e. Have no criminal record history reported on an identity history summary that

violates the rules of the commission;

f. Possess a current, active e.passport;

g. Provide attestations in regard to areas of intended practice, conformity with

standards of practice, competence in telepsychology technology; criminal

background; and knowledge and adherence to legal requirements in the home

and receiving states, and provide a release of information to allow for primary

source verification in a manner specified by the commission; and

h. Meet other criteria as defined by the rules of the commission.

3. The home state maintains authority over the license of any psychologist practicing into

a receiving state under the authority to practice interjurisdictional telepsychology.

4. A psychologist practicing into a receiving state under the authority to practice

interjurisdictional telepsychology will be subject to the receiving state's scope of

practice. In accordance with that state's due process law, a receiving state may limit or

revoke a psychologist's authority to practice interjurisdictional telepsychology in the

receiving state and may take any other necessary actions under the receiving state's

applicable law to protect the health and safety of the receiving state's citizens. If a

receiving state takes action, the state promptly shall notify the home state and the

commission.

5. If a psychologist's license in any home state, another compact state, or any authority

to practice interjurisdictional telepsychology in any receiving state, is restricted,

suspended or otherwise limited, the e.passport shall be revoked and therefore the

psychologist shall not be eligible to practice telepsychology in a compact state under

the authority to practice interjurisdictional telepsychology.

ARTICLE V - COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

1. Compact states shall also recognize the right of a psychologist, licensed in a compact

state in conformance with article III, to practice temporarily in other compact states

(distant states) in which the psychologist is not licensed, as provided in the compact.

2. To exercise the temporary authorization to practice under the terms and provisions of

this compact, a psychologist licensed to practice in a compact state must:

a. Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded:

(1) Regionally accredited by an accrediting body recognized by the United

States department of education to grant graduate degrees, or authorized by

provincial statute or royal charter to grant doctoral degrees; or

ychologist licensed to practice in a compact state must:

a. Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded:

(1) Regionally accredited by an accrediting body recognized by the United

States department of education to grant graduate degrees, or authorized by

provincial statute or royal charter to grant doctoral degrees; or

(2) A foreign college or university deemed to be equivalent to paragraph 1 by a

foreign credential evaluation service that is a member of the national

association of credential evaluation services or by a recognized foreign

credential evaluation service; and

b. Hold a graduate degree in psychology that meets the following criteria:

(1) The program, wherever it may be administratively housed, must be clearly

identified and labeled as a psychology program. Such a program must

specify in pertinent institutional catalogs and brochures its intent to educate

and train professional psychologists;

(2) The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

(3) There must be a clear authority and primary responsibility for the core and

specialty areas whether or not the program cuts across administrative lines;

(4) The program must consist of an integrated, organized sequence of study;

(5) There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

(6) The designated director of the program must be a psychologist and a

member of the core faculty;

(7) The program must have an identifiable body of students who are

matriculated in that program for a degree;

(8) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

(9) The curriculum shall encompass a minimum of three academic years of full-

time graduate study for doctoral degrees and a minimum of one academic

year of full-time graduate study for master's degree;

(10) The program includes an acceptable residency as defined by the rules of

the commission.

c. Possess a current, full and unrestricted license to practice psychology in a home

state which is a compact state;

d. No history of adverse action that violate the rules of the commission;

e. No criminal record history that violates the rules of the commission;

f. Possess a current, active interjurisdictional practice certificate;

g. Provide attestations in regard to areas of intended practice and work experience

and provide a release of information to allow for primary source verification in a

manner specified by the commission; and

h. Meet other criteria as defined by the rules of the commission.

3. A psychologist practicing into a distant state under the temporary authorization to

practice shall practice within the scope of practice authorized by the distant state.

4. A psychologist practicing into a distant state under the temporary authorization to

practice will be subject to the distant state's authority and law. A distant state may, in

accordance with that state's due process law, limit or revoke a psychologist's

temporary authorization to practice in the distant state and may take any other

necessary actions under the distant state's applicable law to protect the health and

safety of the distant state's citizens. If a distant state takes action, the state promptly

shall notify the home state and the commission.

5. If a psychologist's license in any home state, another compact state, or any temporary

authorization to practice in any distant state, is restricted, suspended, or otherwise

limited, the interjurisdictional practice certificate shall be revoked and therefore the

psychologist shall not be eligible to practice in a compact state under the temporary

authorization to practice.

ARTICLE VI - CONDITIONS OF TELEPSYCHOLOGY PRACTICE

IN A RECEIVING STATE

r compact state, or any temporary

authorization to practice in any distant state, is restricted, suspended, or otherwise

limited, the interjurisdictional practice certificate shall be revoked and therefore the

psychologist shall not be eligible to practice in a compact state under the temporary

authorization to practice.

ARTICLE VI - CONDITIONS OF TELEPSYCHOLOGY PRACTICE

IN A RECEIVING STATE

A psychologist may practice in a receiving state under the authority to practice

interjurisdictional telepsychology only in the performance of the scope of practice for psychology

as assigned by an appropriate state psychology regulatory authority, as defined in the rules of

the commission, and under the following circumstances:

1. The psychologist initiates a client/patient contact in a home state via

telecommunications technologies with a client/patient in a receiving state;

2. Other conditions regarding telepsychology as determined by rules promulgated by the

commission.

ARTICLE VII - ADVERSE ACTIONS

1. A home state shall have the power to impose adverse action against a psychologist's

license issued by the home state. A distant state shall have the power to take adverse

action on a psychologist's temporary authorization to practice within that distant state.

2. A receiving state may take adverse action on a psychologist's authority to practice

interjurisdictional telepsychology within that receiving state. A home state may take

adverse action against a psychologist based on an adverse action taken by a distant

state regarding temporary in-person, face-to-face practice.

3. If a home state takes adverse action against a psychologist's license, that

psychologist's authority to practice interjurisdictional telepsychology is terminated and

the e.passport is revoked. Furthermore, that psychologist's temporary authorization to

practice is terminated and the interjurisdictional practice certificate is revoked.

a. All home state disciplinary orders which impose adverse action shall be reported

to the commission in accordance with the rules promulgated by the commission.

A compact state shall report adverse actions in accordance with the rules of the

commission.

b. In the event discipline is reported on a psychologist, the psychologist will not be

eligible for telepsychology or temporary in-person, face-to-face practice in

accordance with the rules of the commission.

c. Other actions may be imposed as determined by the rules promulgated by the

commission.

4. A home state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a licensee which

occurred in a receiving state as it would if such conduct had occurred by a licensee

within the home state. In such cases, the home state's law shall control in determining

any adverse action against a psychologist's license.

5. A distant state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a psychologist

practicing under temporary authorization practice which occurred in that distant state

as it would if such conduct had occurred by a licensee within the home state. In such

cases, the distant state's law shall control in determining any adverse action against a

psychologist's temporary authorization to practice.

6. Nothing in this compact shall override a compact state's decision that a psychologist's

participation in an alternative program may be used in lieu of adverse action and that

such participation shall remain nonpublic if required by the compact state's law.

Compact states must require psychologists who enter any alternative programs to not

provide telepsychology services under the authority to practice interjurisdictional

telepsychology or provide temporary psychological services under the temporary

alternative program may be used in lieu of adverse action and that

such participation shall remain nonpublic if required by the compact state's law.

Compact states must require psychologists who enter any alternative programs to not

provide telepsychology services under the authority to practice interjurisdictional

telepsychology or provide temporary psychological services under the temporary

authorization to practice in any other compact state during the term of the alternative

program.

7. No other judicial or administrative remedies shall be available to a psychologist in the

event a compact state imposes an adverse action pursuant to this subsection.

ARTICLE VIII - ADDITIONAL AUTHORITIES INVESTED IN

A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY

In addition to any other powers granted under state law, a compact state's psychology

regulatory authority shall have the authority under this compact to:

1. Issue subpoenas, for both hearings and investigations, which require the attendance

and testimony of witnesses and the production of evidence. Subpoenas issued by a

compact state's psychology regulatory authority for the attendance and testimony of

witnesses, and/or the production of evidence from another compact state shall be

enforced in the latter state by any court of competent jurisdiction, according to that

court's practice and procedure in considering subpoenas issued in its own

proceedings. The issuing state psychology regulatory authority shall pay any witness

fees, travel expenses, mileage and other fees required by the service statutes of the

state where the witnesses and/or evidence are located; and

2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's

authority to practice interjurisdictional telepsychology and/or temporary authorization to

practice.

3. During the course of any investigation, a psychologist may not change the

psychologist's home state licensure. A home state psychology regulatory authority is

authorized to complete any pending investigations of a psychologist and to take any

actions appropriate under its law. The home state psychology regulatory authority shall

promptly report the conclusions of such investigations to the commission. Once an

investigation has been completed, and pending the outcome of said investigation, the

psychologist may change his/her home state licensure. The commission promptly shall

notify the new home state of any such decisions as provided in the rules of the

commission. All information provided to the commission or distributed by compact

states pursuant to the psychologist shall be confidential, filed under seal and used for

investigatory or disciplinary matters. The commission may create additional rules for

mandated or discretionary sharing of information by compact states.

ARTICLE IX - COORDINATED LICENSURE INFORMATION SYSTEM

1. The commission shall provide for the development and maintenance of a coordinated

licensure information system (coordinated database) and reporting system containing

licensure and disciplinary action information on all psychologists individuals to whom

this compact is applicable in all compact states as defined by the rules of the

commission.

2. Notwithstanding any other provision of state law to the contrary, a compact state shall

submit a uniform data set to the coordinated database on all licensees as required by

the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Significant investigatory information;

d. Adverse actions against a psychologist's license;

e. An indicator that a psychologist's authority to practice interjurisdictional

telepsychology and/or temporary authorization to practice is revoked;

f. Nonconfidential information related to alternative program participation

information;

g. Any denial of application for licensure, and the reasons for such denial; and

tigatory information;

d. Adverse actions against a psychologist's license;

e. An indicator that a psychologist's authority to practice interjurisdictional

telepsychology and/or temporary authorization to practice is revoked;

f. Nonconfidential information related to alternative program participation

information;

g. Any denial of application for licensure, and the reasons for such denial; and

h. Other information which may facilitate the administration of this compact, as

determined by the rules of the commission.

3. The coordinated database administrator promptly shall notify all compact states of any

adverse action taken against, or significant investigative information on, any licensee

in a compact state.

4. Compact states reporting information to the coordinated database may designate

information that may not be shared with the public without the express permission of

the compact state reporting the information.

5. Any information submitted to the coordinated database that is subsequently required

to be expunged by the law of the compact state reporting the information shall be

removed from the coordinated database.

ARTICLE X - ESTABLISHMENT OF THE PSYCHOLOGY

INTERJURISDICTIONAL COMPACT COMMISSION

1. The compact states hereby create and establish a joint public agency known as the

psychology interjurisdictional compact commission.

a. The commission is a body politic and an instrumentality of the compact states.

b. Venue is proper and judicial proceedings by or against the commission shall be

brought solely and exclusively in a court of competent jurisdiction where the

principal office of the commission is located. The commission may waive venue

and jurisdictional defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

c. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

2. Membership, voting, and meetings.

a. The commission shall consist of one voting representative appointed by each

compact state who shall serve as that state's commissioner. The state

psychology regulatory authority shall appoint its delegate. This delegate shall be

empowered to act on behalf of the compact state. This delegate shall be limited

to:

(1) Executive director, executive secretary, or similar executive;

(2) Current member of the state psychology regulatory authority of a compact

state; or

(3) Designee empowered with the appropriate delegate authority to act on

behalf of the compact state.

b. Any commissioner may be removed or suspended from office as provided by the

law of the state from which the commissioner is appointed. Any vacancy

occurring in the commission shall be filled in accordance with the laws of the

compact state in which the vacancy exists.

c. Each commissioner shall be entitled to one vote with regard to the promulgation

of rules and creation of bylaws and shall otherwise have an opportunity to

participate in the business and affairs of the commission. A commissioner shall

vote in person or by such other means as provided in the bylaws. The bylaws

may provide for commissioners' participation in meetings by telephone or other

means of communication.

d. The commission shall meet at least once during each calendar year. Additional

meetings shall be held as set forth in the bylaws.

e. All meetings shall be open to the public, and public notice of meetings shall be

given in the same manner as required under the rulemaking provisions in

article XI.

f. The commission may convene in a closed, nonpublic meeting if the commission

must discuss:

(1) Noncompliance of a compact state with its obligations under the compact;

(2) The employment, compensation, discipline, or other personnel matters,

practices or procedures related to specific employees or other matters

related to the commission's internal personnel practices, and procedures;

e XI.

f. The commission may convene in a closed, nonpublic meeting if the commission

must discuss:

(1) Noncompliance of a compact state with its obligations under the compact;

(2) The employment, compensation, discipline, or other personnel matters,

practices or procedures related to specific employees or other matters

related to the commission's internal personnel practices, and procedures;

(3) Current, threatened, or reasonably anticipated litigation against the

commission;

(4) Negotiation of contracts for the purchase or sale of goods, services, or real

estate;

(5) Accusation against any person of a crime or formally censuring any person;

(6) Disclosure of trade secrets or commercial or financial information which is

privileged or confidential;

(7) Disclosure of information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(8) Disclosure of investigatory records compiled for law enforcement purposes;

(9) Disclosure of information related to any investigatory reports prepared by or

on behalf of or for use of the commission or other committee charged with

responsibility for investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by federal and state statute.

g. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision. The commission

shall keep minutes which fully and clearly describe all matters discussed in a

meeting and shall provide a full and accurate summary of actions taken, of any

person participating in the meeting, and the reasons therefore, including a

description of the views expressed. All documents considered in connection with

an action shall be identified in such minutes. All minutes and documents of a

closed meeting shall remain under seal, subject to release only by a majority vote

of the commission or order of a court of competent jurisdiction.

3. The commission shall, by a majority vote of the commissioners, prescribe bylaws

and/or rules to govern its conduct as may be necessary or appropriate to carry out the

purposes and exercise the powers of the compact, including but not limited to:

a. Establishing the fiscal year of the commission;

b. Providing reasonable standards and procedures:

(1) For the establishment and meetings of other committees; and

(2) Governing any general or specific delegation of any authority or function of

the commission;

c. Providing reasonable procedures for calling and conducting meetings of the

commission, ensuring reasonable advance notice of all meetings and providing

an opportunity for attendance of such meetings by interested parties, with

enumerated exceptions designed to protect the public's interest, the privacy of

individuals of such proceedings, and proprietary information, including trade

secrets. The commission may meet in closed session only after a majority of the

commissioners vote to close a meeting to the public in whole or in part. As soon

as practicable, the commission must make public a copy of the vote to close the

meeting revealing the vote of each commissioner with no proxy votes allowed;

d. Establishing the titles, duties and authority and reasonable procedures for the

election of the officers of the commission;

e. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the commission. Notwithstanding any civil

service or other similar law of any compact state, the bylaws shall exclusively

govern the personnel policies and programs of the commission;

f. Promulgating a code of ethics to address permissible and prohibited activities of

commission members and employees;

g. Providing a mechanism for concluding the operations of the commission and the

programs of the commission. Notwithstanding any civil

service or other similar law of any compact state, the bylaws shall exclusively

govern the personnel policies and programs of the commission;

f. Promulgating a code of ethics to address permissible and prohibited activities of

commission members and employees;

g. Providing a mechanism for concluding the operations of the commission and the

equitable disposition of any surplus funds that may exist after the termination of

the compact after the payment and/or reserving of all of its debts and obligations;

h. The commission shall publish its bylaws in a convenient form and file a copy

thereof and a copy of any amendment thereto, with the appropriate agency or

officer in each of the compact states;

i. The commission shall maintain its financial records in accordance with the

bylaws; and

j. The commission shall meet and take such actions as are consistent with the

provisions of this compact and the bylaws.

4. The commission shall have the following powers:

a. The authority to promulgate uniform rules to facilitate and coordinate

implementation and administration of this compact. The rule shall have the force

and effect of law and shall be binding in all compact states;

b. To bring and prosecute legal proceedings or actions in the name of the

commission, provided that the standing of any state psychology regulatory

authority or other regulatory body responsible for psychology licensure to sue or

be sued under applicable law shall not be affected;

c. To purchase and maintain insurance and bonds;

d. To borrow, accept, or contract for services of personnel, including, but not limited

to, employees of a compact state;

e. To hire employees, elect or appoint officers, fix compensation, define duties, grant

such individuals appropriate authority to carry out the purposes of the compact,

and to establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters;

f. To accept any and all appropriate donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and dispose of the same;

provided that at all times the commission shall strive to avoid any appearance of

impropriety and/or conflict of interest;

g. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve or use, any property, real, personal or mixed; provided that at all

times the commission shall strive to avoid any appearance of impropriety;

h. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise

dispose of any property real, personal or mixed;

i. To establish a budget and make expenditures;

j. To borrow money;

k. To appoint committees, including advisory committees comprised of members,

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;

l. To provide and receive information from, and to cooperate with, law enforcement

agencies;

m. To adopt and use an official seal; and

n. To perform such other functions as may be necessary or appropriate to achieve

the purposes of this compact consistent with the state regulation of psychology

licensure, temporary in-person, face-to-face practice, and telepsychology

practice.

5. The executive board. The elected officers shall serve as the executive board, which

shall have the power to act on behalf of the commission according to the terms of this

compact.

a. The executive board shall be comprised of six members:

(1) Five voting members who are elected from the current membership of the

commission by the commission; and

face practice, and telepsychology

practice.

5. The executive board. The elected officers shall serve as the executive board, which

shall have the power to act on behalf of the commission according to the terms of this

compact.

a. The executive board shall be comprised of six members:

(1) Five voting members who are elected from the current membership of the

commission by the commission; and

(2) One ex officio, nonvoting member from the recognized membership

organization composed of state and provincial psychology regulatory

authorities.

b. The ex officio member must have served as staff or member on a state

psychology regulatory authority and will be selected by its respective

organization.

c. The commission may remove any member of the executive board as provided in

bylaws.

d. The executive board shall meet at least annually.

e. The executive board shall have the following duties and responsibilities:

(1) Recommend to the entire commission changes to the rules or bylaws,

changes to this compact legislation, fees paid by compact states such as

annual dues, and any other applicable fees;

(2) Ensure compact administration services are appropriately provided,

contractual or otherwise;

(3) Prepare and recommend the budget;

(4) Maintain financial records on behalf of the commission;

(5) Monitor compact compliance of member states and provide compliance

reports to the commission;

(6) Establish additional committees as necessary; and

(7) Other duties as provided in rules or bylaws.

6. Financing of the commission.

a. The commission shall pay, or provide for the payment of the reasonable

expenses of its establishment, organization and ongoing activities.

b. The commission may accept any and all appropriate revenue sources, donations,

and grants of money, equipment, supplies, materials, and services.

c. The commission may levy on and collect an annual assessment from each

compact state or impose fees on other parties to cover the cost of the operations

and activities of the commission and its staff which must be in a total amount

sufficient to cover its annual budget as approved each year for which revenue is

not provided by other sources. The aggregate annual assessment amount shall

be allocated based upon a formula to be determined by the commission which

shall promulgate a rule binding upon all compact states.

d. The commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the commission pledge the credit of any of

the compact states, except by and with the authority of the compact state.

e. The commission shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of the commission shall be subject to the audit

and accounting procedures established under its bylaws. However, all receipts

and disbursements of funds handled by the commission shall be audited yearly

by a certified or licensed public accountant and the report of the audit shall be

included in and become part of the annual report of the commission.

7. Qualified immunity, defense, and indemnification.

a. The members, officers, executive director, employees, and representatives of the

commission shall be immune from suit and liability, either personally or 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; provided that nothing in this subdivision

shall be construed to protect any such person from suit and/or liability for any

damage, loss, injury or liability caused by the intentional or willful or wanton

misconduct of that person.

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; provided that nothing in this subdivision

shall be construed to protect any such person from suit and/or liability for any

damage, loss, injury or liability caused by the intentional or willful or wanton

misconduct of that person.

b. The commission shall defend any member, officer, executive director, employee,

or representative 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 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; provided

that nothing herein shall be construed to prohibit that person from retaining his or

her own counsel; and provided further, that the actual or alleged act, error, or

omission did not result from that person's intentional or willful or wanton

misconduct.

c. The commission shall indemnify and hold harmless any member, officer,

executive director, employee, or representative 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 willful or wanton

misconduct of that person.

ARTICLE XI - RULEMAKING

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this article and the rules adopted thereunder. Rules and amendments shall become

binding as of the date specified in each rule or amendment.

2. If a majority of the legislatures of the compact states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact, then such rule

shall have no further force and effect in any compact state.

3. Rules or amendments to the rules shall be adopted at a regular or special meeting of

the commission.

4. Prior to promulgation and adoption of a final rule or rules by the commission, and at

least sixty 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; and

b. On the website of each compact states' psychology regulatory authority or the

publication in which each state would otherwise publish proposed rules.

5. The notice of proposed rulemaking shall include:

a. The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

b. The text of the proposed rule or amendment and the reason for the proposed

rule;

c. A request for comments on the proposed rule from any interested person; and

d. The manner in which interested persons may submit notice to the commission of

their intention to attend the public hearing and any written comments.

6. 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.

7. The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

a. At least twenty-five persons who submit comments independently of each other;

b. A governmental subdivision or agency; or

c. A duly appointed person in an association that has having at least twenty-five

members.

8. If a hearing is held on the proposed rule or amendment, the commission shall publish

ty for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

a. At least twenty-five persons who submit comments independently of each other;

b. A governmental subdivision or agency; or

c. A duly appointed person in an association that has having at least twenty-five

members.

8. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing.

a. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled

date of the hearing.

b. 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.

c. No transcript of the hearing is required, unless a written request for a transcript is

made, in which case the person requesting the transcript shall bear the cost of

producing the transcript. A recording may be made in lieu of a transcript under the

same terms and conditions as a transcript. This subsection shall not preclude the

commission from making a transcript or recording of the hearing if it so chooses.

d. Nothing in this section shall be construed as requiring a separate hearing on each

rule. Rules may be grouped for the convenience of the commission at hearings

required by this section.

9. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and

oral comments received.

10. By majority vote of all members, the commission shall take final action on the

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

rulemaking record and the full text of the rule.

11. If no written notice of intent to attend the public hearing by interested parties is

received, the commission may proceed with promulgation of the proposed rule without

a public hearing.

12. Upon determination that an emergency exists, the commission may consider and

adopt an emergency rule without prior notice, opportunity for comment, or hearing,

provided that the usual rulemaking procedures provided in the compact and in this

section shall be 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 the purposes of this

provision, an emergency rule is one that must be adopted immediately in order to:

a. Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of commission or compact state funds;

c. Meet a deadline for the promulgation of an administrative 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 rule or amendment 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 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 in writing, and delivered to the chair of 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.

ARTICLE XII - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

a. The executive, legislative, and judicial branches of state government in each

compact state shall enforce this compact and take all actions necessary and

ade, 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.

ARTICLE XII - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

1. Oversight.

a. The executive, legislative, and judicial branches of state government in each

compact state shall enforce this compact and take all actions necessary and

appropriate to effectuate the compact's purposes and intent. The provisions of

this compact and the rules promulgated hereunder shall have standing as

statutory law.

b. All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a compact state pertaining to the subject matter of

this compact which may affect the powers, responsibilities, or actions of the

commission.

c. The commission shall be entitled to receive service of process in any such

proceeding, and shall have standing to intervene in such a proceeding for all

purposes. Failure to provide service of process to the commission shall render a

judgment or order void as to the commission, this compact or promulgated rules.

2. Default, technical assistance, and termination.

a. If the commission determines that a compact state has defaulted in the

performance of its obligations or responsibilities under this compact or the

promulgated rules, the commission shall:

(1) Provide written notice to the defaulting state and other compact states of the

nature of the default, the proposed means of remedying the default, and/or

any other action to be taken by the commission; and

(2) Provide remedial training and specific technical assistance regarding the

default.

b. If a state in default fails to remedy the default, the defaulting state may be

terminated from the compact upon an affirmative vote of a majority of the

compact states, and all rights, privileges and benefits conferred by this compact

shall be terminated on the effective date of termination. A remedy of the default

does not relieve the offending state of obligations or liabilities incurred during the

period of default.

c. Termination of membership in the compact shall be imposed only after all other

means of securing compliance have been exhausted. Notice of intent to suspend

or terminate shall be submitted by the commission to the governor, the majority

and minority leaders of the defaulting state's legislature, and each of the compact

states.

d. A compact state which has been terminated is responsible for all assessments,

obligations, and liabilities incurred through the effective date of termination,

including obligations which extend beyond the effective date of termination.

e. The commission shall not bear any costs incurred by the state which is found to

be in default or which has been terminated from the compact, unless agreed

upon in writing between the commission and the defaulting state.

f. The defaulting state may appeal the action of the commission by petitioning the

United States district court for the state of Georgia or the federal district where

the compact has its principal offices. The prevailing member shall be awarded all

costs of such litigation, including reasonable attorney's fees.

3. Dispute resolution.

a. Upon request by a compact state, the commission shall attempt to resolve

disputes related to the compact which arise among compact states and between

compact and noncompact states.

b. The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes that arise before the commission.

4. Enforcement.

a. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact.

b. By majority vote, the commission may initiate legal action in the United States

district court for the state of Georgia or the federal district where the compact has

mediation and binding

dispute resolution for disputes that arise before the commission.

4. Enforcement.

a. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact.

b. By majority vote, the commission may initiate legal action in the United States

district court for the state of Georgia or the federal district where the compact has

its principal offices against a compact state in default to enforce compliance with

the provisions of the compact and its promulgated rules and bylaws. The relief

sought may include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing member shall be awarded all costs of

such litigation, including reasonable attorney's fees.

c. The remedies herein shall not be the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.

ARTICLE XIII - DATE OF IMPLEMENTATION OF THE PSYCHOLOGY

INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,

WITHDRAWAL, AND AMENDMENTS

1. The compact shall come into effect on the date on which the compact is enacted into

law in the seventh compact state. The provisions which become effective at that time

shall be limited to the powers granted to the commission relating to assembly and the

promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking

powers necessary to the implementation and administration of the compact.

2. Any state which joins the compact subsequent to the commission's initial adoption of

the rules shall be subject to the rules as they exist on the date on which the compact

becomes law in that state. Any rule which has been previously adopted by the

commission shall have the full force and effect of law on the day the compact becomes

law in that state.

3. Any compact state may withdraw from this compact by enacting a statute repealing the

same.

a. A compact state's withdrawal shall not take effect until six months after enactment

of the repealing statute.

b. Withdrawal shall not affect the continuing requirement of the withdrawing state's

psychology regulatory authority to comply with the investigative and adverse

action reporting requirements of this act prior to the effective date of withdrawal.

4. Nothing contained in this compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a

compact state and a noncompact state which does not conflict with the provisions of

this compact.

5. This compact may be amended by the compact states. No amendment to this compact

shall become effective and binding upon any compact state until it is enacted into the

law of all compact states.

ARTICLE XIV - CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. If this

compact shall be held contrary to the constitution of any state member thereto, the compact

shall remain in full force and effect as to the remaining compact states.