§ 24-60-3902 — Compact approved and ratified

Colorado § 24-60-3902

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

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 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
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 Article 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 Article 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, 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 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 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.

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 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 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; and

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;

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. The Home State maintains authority over the license of any psychologist
practicing into a Receiving State under the Authority to Practice Interjurisdictional
Telepsychology.

D. 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. 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 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; and

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 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

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
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

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;

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:

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

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;

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;

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.

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 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 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) 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:

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 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

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.

Legislative History

Source: L. 2018: Entire part added, (HB 18-1017), ch. 133, p. 859, � 1, effective August 8.