2016 -- H 7755

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LC004453

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PSYCHOLOGY

INTERJURISDICTIONAL COMPACT

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: February 26, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 44.1

THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT

     5-44.1-1. Short title. -- This chapter shall be known and may be cited as the "The

Psychology Interjurisdictional Compact" ("the compact").

     5-44.1-2. Execution of the compact. -- The governor on behalf of the state of Rhode

Island and Providence Plantations is authorized to execute a compact, in substantially the

following form, with any state, territory or possession of the United States, the District of

Columbia, and the Commonwealth of Puerto Rico, and the general assembly signifies in advance

its approval and ratification of this compact: "The Psychology Interjurisdictional Compact". The

contracting states solemnly agree:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)

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 an 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 30 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

     A. "Adverse Action" means: any action taken by a State Psychology Regulatory

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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.

     B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the

recognized membership organization composed of State and Provincial Psychology Regulatory

Authorities responsible for the licensure and registration of psychologists throughout the United

States and Canada.

     C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed

psychologist's authority to practice telepsychology, within the limits authorized under this

Compact, in another Compact State.

     D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional

Compact Commission pursuant to Section X for its governance, or for directing and controlling

its actions and conduct.

     E. "Client/Patient" means: the recipient of psychological services, whether psychological

services are delivered in the context of healthcare, corporate, supervision, and/or consulting

services.

     F. "Commissioner" means: the voting representative appointed by each State Psychology

Regulatory Authority pursuant to Section X.

     G. "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,

Section C or been terminated pursuant to Article XII, Section B.

     H. "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,

Psychology Interjurisdictional Compact (PSYPACT) which is administered by the recognized

membership organization composed of State and Provincial Psychology Regulatory Authorities.

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

disclosed to unauthorized persons and/or processes.

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

     K. "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.

     L. "E.Passport" means: a certificate issued by the Association of State and Provincial

Psychology Boards (ASPPB) that promotes the standardization in the criteria of

interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to

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provide telepsychological services across state lines.

     M. "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.

     N. "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.

     O. "Identity History Summary" means: a summary of information retained by the FBI, or

other designee with similar authority, in connection with arrests and, in some instances, federal

employment, naturalization, or military service.

     P. "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.

     Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the

Association of State and Provincial Psychology Boards (ASPPB) 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.

     R. "License" means: authorization by a State Psychology Regulatory Authority to engage

in the independent practice of psychology, which would be unlawful without the authorization.

     S. "Non-Compact State" means: any State which is not at the time a Compact State.

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

psychology.

     U. "Psychology Interjurisdictional Compact Commission" also referred to as

"Commission" means: the national administration of which all Compact States are members.

     V. "Receiving State" means: a Compact State where the client/patient is physically

located when the telepsychological services are delivered.

     W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact

Commission promulgated pursuant to Section 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.

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     X. "Significant Investigatory Information" means:

     1. 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

     2. 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.

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

the District of Columbia.

     Z. "State Psychology Regulatory Authority" means: the Board, office or other agency

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

     AA. "Telepsychology" means: the provision of psychological services using

telecommunication technologies.

     BB. "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.

     CC. "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 30 days within a calendar year and based on

notification to the Distant State.

ARTICLE III

HOME STATE LICENSURE

     A. The Home State shall be a Compact State where a psychologist is licensed to practice

psychology.

     B. 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.

     C. 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.

     D. Any Compact State may require a psychologist to obtain and retain a license to be

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authorized to practice in a Compact State under circumstances not authorized by Temporary

Authorization to Practice under the terms of this Compact.

     E. 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:

     1. Currently requires the psychologist to hold an active E.Passport;

     2. Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     3. Notifies the Commission, in compliance with the terms herein, of any adverse action or

significant investigatory information regarding a licensed individual;

     4. 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 FBI, or other designee with similar authority,

no later than ten years after activation of the Compact; and

     5. Complies with the Bylaws and Rules of the Commission.

     F. A Home State's license grants Temporary Authorization to Practice to a psychologist

in a Distant State only if the Compact State:

     1. Currently requires the psychologist to hold an active IPC;

     2. Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     3. Notifies the Commission, in compliance with the terms herein, of any adverse action or

significant investigatory information regarding a licensed individual;

     4. 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 FBI, or other designee with similar authority,

no later than ten years after activation of the Compact; and

     5. Complies with the Bylaws and Rules of the Commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

     A. 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.

     B. 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

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must:

     1. Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     a. Regionally accredited by an accrediting body recognized by the U.S. Department of

Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     b. A foreign college or university deemed to be equivalent to 1 (a) above by a foreign

credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

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

     a. 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

catalogues and brochures its intent to educate and train professional psychologists;

     b. The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     c. There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     d. The program must consist of an integrated, organized sequence of study;

     e. There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     f. The designated director of the program must be a psychologist and a member of the

core faculty;

     g. The program must have an identifiable body of students who are matriculated in that

program for a degree;

     h. The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     i. 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;

     j. The program includes an acceptable residency as defined by the Rules of the

Commission.

     3. Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     4. Have no history of adverse action that violate the Rules of the Commission;

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     5. Have no criminal record history reported on an Identity History Summary that violates

the Rules of the Commission;

     6. Possess a current, active E.Passport;

     7. 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

     8. Meet other criteria as defined by the Rules of the Commission.

     C. A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology shall practice within areas of competencies and the scope of

practice authorized by the Home State.

     D. A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology will be subject to the Home State's authority and laws. A

Receiving State may, in accordance with that state's due process law, 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 shall

promptly notify the Home State and the Commission.

     E. 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

     A. 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.

     B. 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:

     1. Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     a. Regionally accredited by an accrediting body recognized by the U.S. Department of

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Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     b. A foreign college or university deemed to be equivalent to 1 (a) above by a foreign

credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

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

     a. 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

catalogues and brochures its intent to educate and train professional psychologists;

     b. The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     c. There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     d. The program must consist of an integrated, organized sequence of study;

     e. There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     f. The designated director of the program must be a psychologist and a member of the

core faculty;

     g. The program must have an identifiable body of students who are matriculated in that

program for a degree;

     h. The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     i. 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;

     j. The program includes an acceptable residency as defined by the Rules of the

Commission.

     3. Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     4. No history of adverse action that violate the Rules of the Commission;

     5. No criminal record history that violates the Rules of the Commission;

     6. Possess a current, active IPC;

     7. 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

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the Commission; and

     8. Meet other criteria as defined by the Rules of the Commission.

     C. 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.

     D. 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 shall promptly notify the Home State and the Commission.

     E. 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 IPC 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. 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

     A. 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.

     B. 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.

     C. If a Home State takes adverse action against a psychologist's license, that

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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 IPC is revoked.

     1. 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.

     2. 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.

     3. Other actions may be imposed as determined by the Rules promulgated by the

Commission.

     D. 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.

     E. 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, Distant

State's law shall control in determining any adverse action against a psychologist's Temporary

Authorization to Practice.

     F. 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 non-public 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.

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

event a Compact State imposes an adverse action pursuant to subsection C, above.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY

REGULATORY AUTHORITY

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     A. 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 his/her 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 shall promptly 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

     A. 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.

     B. 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:

     1. Identifying information;

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     2. Licensure data;

     3. Significant investigatory information;

     4. Adverse actions against a psychologist's license;

     5. An indicator that a psychologist's Authority to Practice Interjurisdictional

Telepsychology and/or Temporary Authorization to Practice is revoked;

     6. Non-confidential information related to alternative program participation information;

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

     8. Other information which may facilitate the administration of this Compact, as

determined by the Rules of the Commission.

     C. The Coordinated Database administrator shall promptly notify all Compact States of

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

Compact State.

     D. 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.

     E. 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

     A. The Compact States hereby create and establish a joint public agency known as the

Psychology Interjurisdictional Compact Commission.

     1. The Commission is a body politic and an instrumentality of the Compact States.

     2. 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.

     3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

     B. Membership, Voting, and Meetings

     1. 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:

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     a. Executive Director, Executive Secretary or similar executive;

     b. Current member of the State Psychology Regulatory Authority of a Compact State; or

     c. Designee empowered with the appropriate delegate authority to act on behalf of the

Compact State.

     2. 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.

     3. Each Commissioner shall be entitled to one (1) 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.

     4. The Commission shall meet at least once during each calendar year. Additional

meetings shall be held as set forth in the Bylaws.

     5. 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.

     6. The Commission may convene in a closed, non-public meeting if the Commission

must discuss:

     a. Non-compliance of a Compact State with its obligations under the Compact;

     b. 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;

     c. Current, threatened, or reasonably anticipated litigation against the Commission;

     d. Negotiation of contracts for the purchase or sale of goods, services or real estate;

     e. Accusation against any person of a crime or formally censuring any person;

     f. Disclosure of trade secrets or commercial or financial information which is privileged

or confidential;

     g. Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     h. Disclosure of investigatory records compiled for law enforcement purposes;

     i. 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

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     j. Matters specifically exempted from disclosure by federal and state statute.

     7. 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.

     C. 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:

     1. Establishing the fiscal year of the Commission;

     2. Providing reasonable standards and procedures:

     a. for the establishment and meetings of other committees; and

     b. governing any general or specific delegation of any authority or function of the

Commission;

     3. 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;

     4. Establishing the titles, duties and authority and reasonable procedures for the election

of the officers of the Commission;

     5. 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;

     6. Promulgating a Code of Ethics to address permissible and prohibited activities of

Commission members and employees;

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     7. 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;

     8. 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;

     9. The Commission shall maintain its financial records in accordance with the Bylaws;

and

     10. The Commission shall meet and take such actions as are consistent with the

provisions of this Compact and the Bylaws.

     D. The Commission shall have the following powers:

     1. 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;

     2. 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;

     3. To purchase and maintain insurance and bonds;

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

employees of a Compact State;

     5. 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;

     6. 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;

     7. 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;

     8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of

any property real, personal or mixed;

     9. To establish a budget and make expenditures;

     10. To borrow money;

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     11. 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;

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

agencies;

     13. To adopt and use an official seal; and

     14. 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.

     E. 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.

     1. The Executive Board shall be comprised of six members:

     a. Five voting members who are elected from the current membership of the Commission

by the Commission;

     b. One ex-officio, nonvoting member from the recognized membership organization

composed of State and Provincial Psychology Regulatory Authorities.

     2. 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.

     3. The Commission may remove any member of the Executive Board as provided in

Bylaws.

     4. The Executive Board shall meet at least annually.

     5. The Executive Board shall have the following duties and responsibilities:

     a. 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;

     b. Ensure Compact administration services are appropriately provided, contractual or

otherwise;

     c. Prepare and recommend the budget;

     d. Maintain financial records on behalf of the Commission;

     e. Monitor Compact compliance of member states and provide compliance reports to the

Commission;

     f. Establish additional committees as necessary; and

     g. Other duties as provided in Rules or Bylaws.

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     F. Financing of the Commission

     1. The Commission shall pay, or provide for the payment of the reasonable expenses of

its establishment, organization and ongoing activities.

     2. The Commission may accept any and all appropriate revenue sources, donations and

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

     3. 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.

     4. 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.

     5. 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.

     G. Qualified Immunity, Defense, and Indemnification

     1. 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 paragraph 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.

     2. 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

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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.

     3. 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

     A. 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.

     B. 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.

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

the Commission.

     D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and at

least sixty (60) 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; and

     2. On the website of each Compact States' Psychology Regulatory Authority or the

publication in which each state would otherwise publish proposed rules.

     E. The Notice of Proposed Rulemaking shall include:

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

considered and voted upon;

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

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

     4. The manner in which interested persons may submit notice to the Commission of their

intention to attend the public hearing and any written comments.

     F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit

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written data, facts, opinions and arguments, which shall be made available to the public.

     G. The Commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

     1. At least twenty-five (25) persons who submit comments independently of each other;

     2. A governmental subdivision or agency; or

     3. A duly appointed person in an association that has at least twenty-five (25) members.

     H. 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.

     1. 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 (5) business days before the scheduled date of 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. 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.

     4. 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.

     I. 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.

     J. The Commission shall, by majority vote of all members, 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.

     K. 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.

     L. 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 (90)

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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:

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

     2. Prevent a loss of Commission or Compact State funds;

     3. Meet a deadline for the promulgation of an administrative 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 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 (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 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

     A. Oversight

     1. 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.

     2. 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.

     3. 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.

     B. Default, Technical Assistance, and Termination

     1. 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:

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     a. 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

     b. Provide remedial training and specific technical assistance regarding the default.

     2. 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.

     3. 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.

     4. 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.

     5. 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.

     6. The defaulting state may appeal the action of the Commission by petitioning the U.S.

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.

     C. Dispute Resolution

     1. 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 Non-

Compact States.

     2. The Commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes that arise before the commission.

     D. Enforcement

     1. The Commission, in the reasonable exercise of its discretion, shall enforce the

provisions and Rules of this Compact.

     2. 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

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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.

     3. 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

     A. 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.

     B. 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.

     C. Any Compact State may withdraw from this Compact by enacting a statute repealing

the same.

     1. A Compact State's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute.

     2. 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.

     D. 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

Non-Compact State which does not conflict with the provisions of this Compact.

     E. 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

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     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.

     5-44.1-3 Amendment to compact. – The governor is authorized and directed to execute

with any other state legally joining, an amendment to the compact and shall be binding only as

among and between those compact states which specifically execute the same.

     5-44.1-4. Ratification procedure – Effective date. – When the governor shall have

executed the compact on behalf of this state and shall have caused a verified copy to be filed with

the secretary of state; and when the compact shall have been ratified by one or more of the state,

territories or possessions of the United States, the District of Columbia, and/or the

Commonwealth of Puerto Rico, then the compact shall become operative and effective as

between this state and those other state or states, territories or possessions of the United States,

the District of Columbia, and/or the Commonwealth of Puerto Rico. The governor is authorized

and directed to take any action that may be necessary to complete the exchange of official

documents as between this state and any other state, territory or possession of the United States,

the District of Columbia, or the Commonwealth of Puerto Rico, ratifying the compact.

     5-44.1-5. Compact administrator. – Pursuant to the compact, the governor is authorized

and empowered to designate an officer who shall be the compact administrator and who, acting

jointly with like officers of other party states, shall promulgate rules and regulations to more

effectively carry out the terms of the compact. The compact administrator shall serve subject to

the pleasure of the governor. The compact administrator is authorized, empowered and directed to

cooperate with all departments, agencies and officers of and in the government of this state and

its subdivisions in facilitating the proper administration of the compact or of any supplementary

agreement or agreements entered into by this state under it.

     5-44.1-6. Supplementary agreements. – The compact administrator is authorized and

empowered to enter into supplementary agreements with appropriate officials of other states

pursuant to the compact. In the event that a supplementary agreement shall require or contemplate

the use of any institution or facility of this state or require or contemplate the provision of any

service by this state, the supplementary agreement shall have no force or effect until approved by

the head of the department or agency under whose jurisdiction the institution or facility is

operated or whose department or agency will be charged with the rendering of the service.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PSYCHOLOGY

INTERJURISDICTIONAL COMPACT

***

     This act would create the Psychology Interjurisdictional Compact that would regulate the

practice of telepsychology (psychological services using a form of telecommunication) by

psychologists across state boundaries.

     This act would take effect upon passage.

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