§ 20-187b — Psychology Interjurisdictional Compact.

The Psychology Interjurisdictional Compact is hereby enacted into law and entered into by the state of Connecticut with any and all states legally joining therein in accordance with its terms. The compact is 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, the compact is intended to regulate the day-to-day practice of telepsychology, including, but not limited to, 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, the compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and Whereas, the 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; and Whereas, the 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 licensing and regulation will best protect public health and safety; and Whereas, the compact shall not apply when a psychologist is licensed in both the home and receiving states; and Whereas, the compact shall not apply to permanent in-person, face-to-face practice, it shall allow for authorization of temporary psychological practice. Consistent with such principles, the 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 and temporary in-person, face-to-face services in 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 or 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 licensure, adverse actions and disciplinary history of psychologists; (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 (1) “Adverse action” means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. (2) “Association of State and Provincial Psychology Boards” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. (3) “Authority to practice interjurisdictional telepsychology” means a licensed psychologist's authority to practice telepsychology, within the limits authorized under the compact, in another compact state. (4) “Bylaws” means the bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X of the compact for the governance of said commission, or for directing and controlling the actions and conduct of said commission. (5) “Client or patient” means the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision or consulting services. (6) “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to Article X of the compact. (7) “Compact” means the Psychology Interjurisdictional Compact. (8) “Compact state” means a state, the District of Columbia or United States territory that has enacted the compact and that has not withdrawn pursuant to subsection (c) of Article XIII of the compact, or been terminated pursuant to subsection (b) of Article XII of the compact. (9) “Coordinated licensure information system” or “coordinated database” means an integrated process for collecting, storing and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, that is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. (10) “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes. (11) “Day” means any part of a day in which psychological work is performed. (12) “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. (13) “E.Passport” means the certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. (14) “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. (15) “Home state” means a compact state where a psychologist is licensed to practice psychology, provided (A) 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 delivering telepsychological services, and (B) 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. (16) “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation, or said bureau's designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. (17) “In-person, face-to-face” (A) means interactions in which the psychologist and the client or patient are in the same physical space, and (B) does not include interactions that may occur through the use of telecommunication technologies. (18) “IPC” means the Interjurisdictional Practice Certificate issued by the Association of State and Provincial Psychology Boards that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one's qualifications for such practice. (19) “License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which practice would be unlawful without the authorization. (20) “Noncompact state” means any state that is not a compact state. (21) “Psychologist” means an individual licensed for the independent practice of psychology. (22) “Psychology Interjurisdictional Compact Commission” or “commission” means the national administration of which all compact states are members. (23) “Receiving state” means a compact state where the client or patient is physically located when the telepsychological services are delivered. (24) “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, including, but not limited to, the amendment, repeal or suspension of an existing rule. (25) “Significant investigatory information” means: (A) Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or (B) Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond. (26) “State” means a state, commonwealth, territory or possession of the United States, or the District of Columbia. (27) “State psychology regulatory authority” means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology. (28) “Telepsychology” means the provision of psychological services using telecommunication technologies. (29) “Temporary authorization to practice” means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under the compact, in another compact state. (30) “Temporary in-person, face-to-face practice” means the practice of psychology by a psychologist who is physically present, not through the use of telecommunications technologies, in the distant state for not more than thirty days in 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 the 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 the 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 a temporary authorization to practice under the terms of the 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 of the compact, 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, but not limited to, the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or said bureau's designee with similar authority, not 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 a 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 of the compact, 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, but not limited to, the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or said bureau's designee with similar authority, not 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 of the compact, to practice telepsychology in 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 the compact, a psychologist licensed to practice in a compact state shall: (1) Hold a graduate degree in psychology from an institution of higher education that was, at the time the degree was awarded: (A) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or (B) A foreign college or university deemed to be equivalent to an institution of higher education described in subparagraph (A) of this subdivision by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; and (2) Hold a graduate degree in psychology from a psychology program that meets the following criteria: (A) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (B) The psychology program shall stand as a recognizable, coherent, organizational entity within the institution; (C) There shall 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 shall consist of an integrated, organized sequence of study; (E) There shall be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; (F) The designated director of the program shall be a psychologist and a member of the core faculty; (G) The program shall have an identifiable body of students who are matriculated in such program for a degree; (H) The program shall 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 a doctoral degree and a minimum of one academic year of full-time graduate study for a master's degree; and (J) The program shall include 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 that is a compact state; (4) Have no history of adverse action that violates 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 (A) attestations regarding 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 (B) 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 in a receiving state under the authority to practice interjurisdictional telepsychology. (d) A psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology shall be subject to the receiving state's scope of practice. A receiving state may, in accordance with such 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 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 recognize the right of a psychologist, licensed in a compact state in conformance with Article III of the compact, to practice temporarily in other compact 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 the compact, a psychologist licensed to practice in a compact state shall: (1) Hold a graduate degree in psychology from an institution of higher education that was, at the time the degree was awarded: (A) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or (B) A foreign college or university deemed to be equivalent to an institution of higher education described in subparagraph (A) of this subdivision by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; and (2) Hold a graduate degree in psychology that meets the following criteria: (A) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (B) The psychology program shall stand as a recognizable, coherent, organizational entity within the institution; (C) There shall 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 shall consist of an integrated, organized sequence of study; (E) There shall be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; (F) The designated director of the program shall be a psychologist and a member of the core faculty; (G) The program shall have an identifiable body of students who are matriculated in such program for a degree; (H) The program shall 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 a doctoral degree and a minimum of one academic year of full-time graduate study for a 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 that is a compact state; (4) No history of adverse action that violates 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 regarding 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 in 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 in a distant state under the temporary authorization to practice shall be subject to the distant state's authority and law. A distant state may, in accordance with such 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 or 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 the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice. ARTICLE VI CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances: (1) The psychologist initiates a client or patient contact in a home state via telecommunications technologies with a client or patient in a receiving state; and (2) The psychologist complies with any other conditions regarding telepsychology that are set forth in the 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 in such distant state. (b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology in such 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, the psychologist's (1) authority to practice interjurisdictional telepsychology is terminated, (2) E.Passport is revoked, (3) temporary authorization to practice is terminated, and (4) IPC is revoked. All home state disciplinary orders that 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. If discipline is reported on a psychologist, the psychologist shall not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission. 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 that occurred in a receiving state as it would if such conduct had occurred by a licensee in 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 to practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice. (f) Nothing in the compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state's law. Compact states shall 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 if the compact state imposes an adverse action pursuant to subsection (c) of this article. 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 the compact to do the following: (1) Issue subpoenas, for both hearings and investigations, that 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 or the production of evidence from another compact state shall be enforced in the latter compact state by any court of competent jurisdiction, according to such 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 are or evidence is located; and (2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice. (b) During the course of any investigation, a psychologist may not change the psychologist's home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of such investigation, the psychologist may change his or 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 and reporting system containing licensure and disciplinary action information on all psychologists to whom the compact is applicable in all compact states as defined by the rules of the commission. (b) Notwithstanding any other provision of the general statutes, 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, but not limited to, the following: (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 or temporary authorization to practice is revoked; (6) Nonconfidential information related to alternative program participation information; (7) Any denial of application for licensure, and the reasons for such denial; and (8) Other information that may facilitate the administration of the 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 the compact shall be construed to be a waiver of sovereign immunity. (b) (1) The commission shall consist of one voting representative appointed by each compact state who shall serve as such state's commissioner. The state psychology regulatory authority shall appoint its delegate. The delegate shall be empowered to act on behalf of the compact state. The delegate shall be limited to the following: (A) An executive director, executive secretary or similar executive; (B) A current member of the state psychology regulatory authority of a compact state; or (C) A 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 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 of the compact. (6) The commission may convene in a closed, nonpublic meeting if the commission has to discuss the following: (A) Noncompliance 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 the provisions of subdivision (6) of this subsection, 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 that 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 therefor, including, but not limited to, 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 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 for the following: (A) 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 at such meetings and proprietary information, including, but not limited to, 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 shall 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 law 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 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 the compact and the bylaws. (d) The commission may: (1) Promulgate uniform rules to facilitate and coordinate implementation and administration of the compact, which rules shall have the force and effect of law and shall be binding in all compact states; (2) Bring and prosecute legal proceedings or actions in the name of the commission, provided 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) Purchase and maintain insurance and bonds; (4) Borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state; (5) 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) Accept any appropriate donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same; provided the commission shall strive at all times to avoid any appearance of impropriety or conflict of interest; (7) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed, provided the commission shall strive at all times to avoid any appearance of impropriety; (8) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed; (9) Establish a budget and make expenditures; (10) Borrow money; (11) Appoint committees, including, but not limited to, 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 the compact and the bylaws; (12) Provide and receive information from, and to cooperate with, law enforcement agencies; (13) Adopt and use an official seal; and (14) Perform such other functions as may be necessary or appropriate to achieve the purposes of the compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice. (e) (1) 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 the compact. The executive board shall be comprised of the following six members: (A) Five voting members who are elected from the membership of the commission by the commission; and (B) One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities. (2) The ex-officio member shall have served as staff or member on a state psychology regulatory authority and shall be selected by its respective organization. (3) The commission may remove any member of the executive board as provided in the 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 the compact legislation, fees paid by compact states, including, but not limited to, annual dues, and any other applicable fees; (B) Ensure compact administration services are appropriately provided, contractually 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) The commission: (1) Shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (2) May accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. (3) 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. Such assessment and fees shall be in a total amount sufficient to cover the commission's 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. The commission shall promulgate a rule under this subdivision that is binding upon all compact states. (4) Shall not incur obligations of any kind prior to securing the funds adequate to meet such obligations, or pledge the credit of any of the compact states, except by and with the authority of the compact state. (5) 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. 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) (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 nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful or wanton misconduct of such 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 (A) nothing in this subdivision shall be construed to prohibit such person from retaining his or her own counsel, and (B) the actual or alleged act, error or omission did not result from such person's intentional or wilful 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 such 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 the actual or alleged act, error or omission did not result from the intentional or wilful or wanton misconduct of such 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 days prior to the scheduled date of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking as follows: (1) On the Internet web site of the commission; and (2) On the Internet web site of each compact state's psychology regulatory authority or the publication in which each state would otherwise publish proposed rules. (e) The notice of proposed rulemaking shall include the following: (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 to the commission (A) notice of their intention to attend the public hearing, and (B) 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 the following: (1) At least twenty-five persons who submit written 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 members. (h) If a hearing is held on the proposed rule or amendment, the commission shall publish the location, 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 business days prior to 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. The provisions of this subdivision shall not preclude the commission from making a transcript or recording of the hearing if it so chooses. (4) Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required under this subsection. (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 the usual rulemaking procedures described in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this subsection, “emergency rule” means a rule that shall 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 Internet web site of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall 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) (1) The executive, legislative and judicial branches of state government in each compact state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated under the compact 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 the compact that 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 proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, the compact or promulgated rules. (b) (1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under the compact or the promulgated rules, the commission shall perform the following actions: (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 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 the compact shall be terminated on the effective date of termination of the defaulting state. 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 that has been terminated shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including, but not limited to, obligations that extend beyond the effective date of termination. (5) The commission shall not bear any costs incurred by the state that is found to be in default or that 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 United States District Court for the State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including, but not limited to, reasonable attorney's fees. (c) (1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact that arise among compact states and between compact and noncompact states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission. (d) (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the 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, but not limited to, reasonable attorney's fees. (3) The remedies set forth in the compact 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 that become effective at such 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 that 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 such state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in such state. (c) Any compact state may withdraw from the compact by enacting a statute repealing the same. (1) A compact state's withdrawal shall not take effect until six 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 set forth in Article VII of this section prior to the effective date of withdrawal. (d) Nothing contained in the compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state that does not conflict with the provisions of the compact. (e) The compact may be amended by the compact states. No amendment to the 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 The compact shall be liberally construed so as to effectuate the purposes thereof. If the compact is held contrary to the constitution of any state member of the compact, the compact shall remain in full force and effect as to the remaining compact states.

Legislative History

(P.A. 22-81, S. 42; P.A. 23-13, S. 3.) History: P.A. 23-13 made a technical change in Art. X(b)(7), effective June 7, 2023.