§ 33-27-202 — Compact provisions generally

The Psychology Interjurisdictional Compact is enacted into law
and entered into on behalf of this state with all other states
legally joining in the Compact in a form substantially as
follows:
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 thirty (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; however, 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 where 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 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;
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 of
this Compact 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
of this Compact;
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 of this Compact or been terminated pursuant to
Article XII, Section B of this Compact;
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
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 (1) 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 (1)
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 that 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 this Compact that is of general applicability and
that implements, interprets or prescribes a policy or provision
of the Compact, or an organizational, procedural or practice
requirement of the Commission, and that 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 psychology services for thirty (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 (1) or more Compact State
licenses at a time. If the psychologist is licensed in more than
one (1) 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 persons;
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 (10)
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
Interjurisdictional Practice Certificate;
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 (10)
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
this Compact, 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 all of 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 (3)
academic years of full-time graduate study for doctoral degrees
and a minimum of one (1) academic year of full-time graduate
study for master's degrees;
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 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 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 shall maintain authority over the license of
any psychologist practicing into 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 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 psychologist's 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 of this Compact, to practice temporarily in other
Compact States (Distant States) in which the psychologist is not
licensed, as provided in this 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 shall:
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 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 (3)
academic years of full-time graduate study for doctoral degrees
and a minimum of one (1) academic year of full-time graduate
study for master's degrees;
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 violates the Rules of the
Commission;
5. No criminal record history that violates the Rules of the
Commission;
6. Possess a current, active Interjurisdictional Practice
Certificate;
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 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 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 or another
Compact State or any Temporary Authorization to Practice in any
Distant State is restricted, suspended or otherwise limited, the
Interjurisdictional Practice Certificate shall be revoked and
therefore the psychologist shall not be eligible to practice in
a Compact State under the Temporary Authorization to Practice.
ARTICLE VI
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A. A psychologist may practice in a Receiving State under the
Authority to Practice Interjurisdictional Telepsychology only in
the performance of the scope of practice for psychology as
assigned by an appropriate State Psychology Regulatory
Authority, as defined in the Rules of the Commission, and under
the following circumstances:
1. The psychologist initiates a client/patient contact in a
Home State via telecommunications technologies with a
client/patient in a Receiving State;
2. Other conditions regarding telepsychology as determined by
Rules promulgated by the Commission.
ARTICLE VII
ADVERSE ACTIONS
A. A Home State shall have the power to impose adverse action
against a psychologist's license issued by the Home State. A
Distant State shall have the power to take adverse action on a
psychologist's Temporary Authorization to Practice within that
Distant State.
B. A Receiving State may take adverse action on a
psychologist's Authority to Practice Interjurisdictional
Telepsychology within that Receiving State. A Home State may
take adverse action against a psychologist based on an adverse
action taken by a Distant State regarding temporary in-person,
face-to-face practice.
C. If a Home State takes adverse action against a
psychologist's license, that psychologist's Authority to
Practice Interjurisdictional Telepsychology is terminated and
the E.Passport is revoked. Furthermore, that psychologist's
Temporary Authorization to Practice is terminated and the
Interjurisdictional Practice Certificate is revoked.
1. All Home State disciplinary orders which constitute 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 adverse action 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 to 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 shall prohibit psychologists who
enter any alternative programs from providing telepsychology
services under the Authority to Practice Interjurisdictional
Telepsychology or 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 concerning 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 (1) 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. The 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 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 of this Compact.
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 of the Commission 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 law.
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
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 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 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 at
such meetings of 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. Persons elected pursuant to this
paragraph 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 (6) members:
a. Five (5) voting members who are elected from the current
membership of the Commission by the Commission;
b. One (1) ex-officio, nonvoting member from the recognized
membership organization that shall be 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 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 submit 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
commissioner 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 commissioners,
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 emergency 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 reasonable 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 commissioner 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 of the Commissioners, 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 commissioner 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.