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Full Text of HB2688  100th General Assembly

HB2688 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2688

 

Introduced , by Rep. Cynthia Soto

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Psychology Interjurisdictional Compact Act. Provides that the State of Illinois enters into the Psychology Interjurisdictional Compact and sets forth the provisions of the Compact. Provides that the purposes of the Compact are to increase public access to professional psychological services by allowing for telepsychological practice across state lines and temporary in-person services in which the psychologist is not licensed to practice psychology, enhance the states' ability to protect the public's health and safety, encourage the cooperation of Compact States in the areas of psychology licensure and regulation, facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions, and disciplinary history, promote compliance with the laws governing psychological practice in each Compact State, and invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses. The Compact contains provisions concerning home state licensure, Compact privilege to practice telepsychology, Compact temporary authorization to practice, conditions of telepsychology practice in a receiving state, adverse actions, additional authorities invested in a Compact State's psychology regulatory authority, a coordinated licensure information system, establishment of the Psychology Interjurisdictional Compact Commission, rulemaking, oversight, dispute resolution and enforcement, and the date of implementation of the Compact.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2688LRB100 00330 SMS 10334 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Psychology Interjurisdictional Compact Act.
 
6    Section 5. Psychology Interjurisdictional Compact. The
7State of Illinois enters into the Psychology
8Interjurisdictional Compact in substantially the following
9form with all other states joining the Compact:
 
10
PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)
11
ARTICLE I
12
PURPOSE
13    Whereas, states license psychologists, in order to protect
14the public through verification of education, training and
15experience and ensure accountability for professional
16practice; and
17    Whereas, this Compact is intended to regulate the day to
18day practice of telepsychology (i.e. the provision of
19psychological services using telecommunication technologies)
20by psychologists across state boundaries in the performance of
21their psychological practice as assigned by an appropriate
22authority; and

 

 

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1    Whereas, this Compact is intended to regulate the temporary
2in-person, face-to-face practice of psychology by
3psychologists across state boundaries for 30 days within a
4calendar year in the performance of their psychological
5practice as assigned by an appropriate authority;
6    Whereas, this Compact is intended to authorize State
7Psychology Regulatory Authorities to afford legal recognition,
8in a manner consistent with the terms of the Compact, to
9psychologists licensed in another state;
10    Whereas, this Compact recognizes that states have a vested
11interest in protecting the public's health and safety through
12their licensing and regulation of psychologists and that such
13state regulation will best protect public health and safety;
14    Whereas, this Compact does not apply when a psychologist is
15licensed in both the Home and Receiving States; and
16    Whereas, this Compact does not apply to permanent
17in-person, face-to-face practice, it does allow for
18authorization of temporary psychological practice.
19    Consistent with these principles, this Compact is designed
20to achieve the following purposes and objectives:
21        1. Increase public access to professional
22    psychological services by allowing for telepsychological
23    practice across state lines as well as temporary in-person,
24    face-to-face services into a state which the psychologist
25    is not licensed to practice psychology;
26        2. Enhance the states' ability to protect the public's

 

 

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1    health and safety, especially client/patient safety;
2        3. Encourage the cooperation of Compact States in the
3    areas of psychology licensure and regulation;
4        4. Facilitate the exchange of information between
5    Compact States regarding psychologist licensure, adverse
6    actions and disciplinary history;
7        5. Promote compliance with the laws governing
8    psychological practice in each Compact State; and
9        6. Invest all Compact States with the authority to hold
10    licensed psychologists accountable through the mutual
11    recognition of Compact State licenses.
 
12
ARTICLE II
13
DEFINITIONS
14    A. "Adverse Action" means: Any action taken by a State
15Psychology Regulatory Authority which finds a violation of a
16statute or regulation that is identified by the State
17Psychology Regulatory Authority as discipline and is a matter
18of public record.
19    B. "Association of State and Provincial Psychology Boards
20(ASPPB)" means: the recognized membership organization
21composed of State and Provincial Psychology Regulatory
22Authorities responsible for the licensure and registration of
23psychologists throughout the United States and Canada.
24    C. "Authority to Practice Interjurisdictional
25Telepsychology" means: a licensed psychologist's authority to

 

 

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1practice telepsychology, within the limits authorized under
2this Compact, in another Compact State.
3    D. "Bylaws" means: those Bylaws established by the
4Psychology Interjurisdictional Compact Commission pursuant to
5Section X for its governance, or for directing and controlling
6its actions and conduct.
7    E. "Client/Patient" means: the recipient of psychological
8services, whether psychological services are delivered in the
9context of healthcare, corporate, supervision, and/or
10consulting services.
11    F. "Commissioner" means: the voting representative
12appointed by each State Psychology Regulatory Authority
13pursuant to Section X.
14    G. "Compact State" means: a state, the District of
15Columbia, or United States territory that has enacted this
16Compact legislation and which has not withdrawn pursuant to
17Article XIII, Section C or been terminated pursuant to Article
18XII, Section B.
19    H. "Coordinated Licensure Information System" also
20referred to as "Coordinated Database" means: an integrated
21process for collecting, storing, and sharing information on
22psychologists' licensure and enforcement activities related to
23psychology licensure laws, which is administered by the
24recognized membership organization composed of State and
25Provincial Psychology Regulatory Authorities.
26    I. "Confidentiality" means: the principle that data or

 

 

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1information is not made available or disclosed to unauthorized
2persons and/or processes.
3    J. "Day" means: any part of a day in which psychological
4work is performed.
5    K. "Distant State" means: the Compact State where a
6psychologist is physically present (not through the use of
7telecommunications technologies), to provide temporary
8in-person, face-to-face psychological services.
9    L. "E.Passport" means: a certificate issued by the
10Association of State and Provincial Psychology Boards (ASPPB)
11that promotes the standardization in the criteria of
12interjurisdictional telepsychology practice and facilitates
13the process for licensed psychologists to provide
14telepsychological services across state lines.
15    M. "Executive Board" means: a group of directors elected or
16appointed to act on behalf of, and within the powers granted to
17them by, the Commission.
18    N. "Home State" means: a Compact State where a psychologist
19is licensed to practice psychology. If the psychologist is
20licensed in more than one Compact State and is practicing under
21the Authorization to Practice Interjurisdictional
22Telepsychology, the Home State is the Compact State where the
23psychologist is physically present when the telepsychological
24services are delivered. If the psychologist is licensed in more
25than one Compact State and is practicing under the Temporary
26Authorization to Practice, the Home State is any Compact State

 

 

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1where the psychologist is licensed.
2    O. "Identity History Summary" means: a summary of
3information retained by the FBI, or other designee with similar
4authority, in connection with arrests and, in some instances,
5federal employment, naturalization, or military service.
6    P. "In-Person, Face-to-Face" means: interactions in which
7the psychologist and the client/patient are in the same
8physical space and which does not include interactions that may
9occur through the use of telecommunication technologies.
10    Q. "Interjurisdictional Practice Certificate (IPC)" means:
11a certificate issued by the Association of State and Provincial
12Psychology Boards (ASPPB) that grants temporary authority to
13practice based on notification to the State Psychology
14Regulatory Authority of intention to practice temporarily, and
15verification of one's qualifications for such practice.
16    R. "License" means: authorization by a State Psychology
17Regulatory Authority to engage in the independent practice of
18psychology, which would be unlawful without the authorization.
19    S. "Non-Compact State" means: any State which is not at the
20time a Compact State.
21    T. "Psychologist" means: an individual licensed for the
22independent practice of psychology.
23    U. "Psychology Interjurisdictional Compact Commission"
24also referred to as "Commission" means: the national
25administration of which all Compact States are members.
26    V. "Receiving State" means: a Compact State where the

 

 

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1client/patient is physically located when the
2telepsychological services are delivered.
3    W. "Rule" means: a written statement by the Psychology
4Interjurisdictional Compact Commission promulgated pursuant to
5Section XI of the Compact that is of general applicability,
6implements, interprets, or prescribes a policy or provision of
7the Compact, or an organizational, procedural, or practice
8requirement of the Commission and has the force and effect of
9statutory law in a Compact State, and includes the amendment,
10repeal or suspension of an existing rule.
11    X. "Significant Investigatory Information" means:
12        1. investigative information that a State Psychology
13    Regulatory Authority, after a preliminary inquiry that
14    includes notification and an opportunity to respond if
15    required by state law, has reason to believe, if proven
16    true, would indicate more than a violation of state statute
17    or ethics code that would be considered more substantial
18    than minor infraction; or
19        2. investigative information that indicates that the
20    psychologist represents an immediate threat to public
21    health and safety regardless of whether the psychologist
22    has been notified and/or had an opportunity to respond.
23    Y. "State" means: a state, commonwealth, territory, or
24possession of the United States, the District of Columbia.
25    Z. "State Psychology Regulatory Authority" means: the
26Board, office or other agency with the legislative mandate to

 

 

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1license and regulate the practice of psychology.
2    AA. "Telepsychology" means: the provision of psychological
3services using telecommunication technologies.
4    BB. "Temporary Authorization to Practice" means: a
5licensed psychologist's authority to conduct temporary
6in-person, face-to-face practice, within the limits authorized
7under this Compact, in another Compact State.
8    CC. "Temporary In-Person, Face-to-Face Practice" means:
9where a psychologist is physically present (not through the use
10of telecommunications technologies), in the Distant State to
11provide for the practice of psychology for 30 days within a
12calendar year and based on notification to the Distant State.
 
13
ARTICLE III
14
HOME STATE LICENSURE
15    A. The Home State shall be a Compact State where a
16psychologist is licensed to practice psychology.
17    B. A psychologist may hold one or more Compact State
18licenses at a time. If the psychologist is licensed in more
19than one Compact State, the Home State is the Compact State
20where the psychologist is physically present when the services
21are delivered as authorized by the Authority to Practice
22Interjurisdictional Telepsychology under the terms of this
23Compact.
24    C. Any Compact State may require a psychologist not
25previously licensed in a Compact State to obtain and retain a

 

 

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1license to be authorized to practice in the Compact State under
2circumstances not authorized by the Authority to Practice
3Interjurisdictional Telepsychology under the terms of this
4Compact.
5    D. Any Compact State may require a psychologist to obtain
6and retain a license to be authorized to practice in a Compact
7State under circumstances not authorized by Temporary
8Authorization to Practice under the terms of this Compact.
9    E. A Home State's license authorizes a psychologist to
10practice in a Receiving State under the Authority to Practice
11Interjurisdictional Telepsychology only if the Compact State:
12        1. Currently requires the psychologist to hold an
13    active E.Passport;
14        2. Has a mechanism in place for receiving and
15    investigating complaints about licensed individuals;
16        3. Notifies the Commission, in compliance with the
17    terms herein, of any adverse action or significant
18    investigatory information regarding a licensed individual;
19        4. Requires an Identity History Summary of all
20    applicants at initial licensure, including the use of the
21    results of fingerprints or other biometric data checks
22    compliant with the requirements of the Federal Bureau of
23    Investigation FBI, or other designee with similar
24    authority, no later than ten years after activation of the
25    Compact; and
26        5. Complies with the Bylaws and Rules of the

 

 

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1    Commission.
2    F. A Home State's license grants Temporary Authorization to
3Practice to a psychologist in a Distant State only if the
4Compact State:
5        1. Currently requires the psychologist to hold an
6    active IPC;
7        2. Has a mechanism in place for receiving and
8    investigating complaints about licensed individuals;
9        3. Notifies the Commission, in compliance with the
10    terms herein, of any adverse action or significant
11    investigatory information regarding a licensed individual;
12        4. Requires an Identity History Summary of all
13    applicants at initial licensure, including the use of the
14    results of fingerprints or other biometric data checks
15    compliant with the requirements of the Federal Bureau of
16    Investigation FBI, or other designee with similar
17    authority, no later than ten years after activation of the
18    Compact; and
19        5. Complies with the Bylaws and Rules of the
20    Commission.
 
21
ARTICLE IV
22
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
23    A. Compact States shall recognize the right of a
24psychologist, licensed in a Compact State in conformance with
25Article III, to practice telepsychology in other Compact States

 

 

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1(Receiving States) in which the psychologist is not licensed,
2under the Authority to Practice Interjurisdictional
3Telepsychology as provided in the Compact.
4    B. To exercise the Authority to Practice
5Interjurisdictional Telepsychology under the terms and
6provisions of this Compact, a psychologist licensed to practice
7in a Compact State must:
8        1. Hold a graduate degree in psychology from an
9    institute of higher education that was, at the time the
10    degree was awarded:
11            a. Regionally accredited by an accrediting body
12        recognized by the U.S. Department of Education to grant
13        graduate degrees, OR authorized by Provincial Statute
14        or Royal Charter to grant doctoral degrees; OR
15            b. A foreign college or university deemed to be
16        equivalent to 1 (a) above by a foreign credential
17        evaluation service that is a member of the National
18        Association of Credential Evaluation Services (NACES)
19        or by a recognized foreign credential evaluation
20        service; AND
21        2. Hold a graduate degree in psychology that meets the
22    following criteria:
23            a. The program, wherever it may be
24        administratively housed, must be clearly identified
25        and labeled as a psychology program. Such a program
26        must specify in pertinent institutional catalogues and

 

 

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1        brochures its intent to educate and train professional
2        psychologists;
3            b. The psychology program must stand as a
4        recognizable, coherent, organizational entity within
5        the institution;
6            c. There must be a clear authority and primary
7        responsibility for the core and specialty areas
8        whether or not the program cuts across administrative
9        lines;
10            d. The program must consist of an integrated,
11        organized sequence of study;
12            e. There must be an identifiable psychology
13        faculty sufficient in size and breadth to carry out its
14        responsibilities;
15            f. The designated director of the program must be a
16        psychologist and a member of the core faculty;
17            g. The program must have an identifiable body of
18        students who are matriculated in that program for a
19        degree;
20            h. The program must include supervised practicum,
21        internship, or field training appropriate to the
22        practice of psychology;
23            i. The curriculum shall encompass a minimum of
24        three academic years of full- time graduate study for
25        doctoral degree and a minimum of one academic year of
26        full-time graduate study for master's degree;

 

 

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1            j. The program includes an acceptable residency as
2        defined by the Rules of the Commission.
3        3. Possess a current, full and unrestricted license to
4    practice psychology in a Home State which is a Compact
5    State;
6        4. Have no history of adverse action that violate the
7    Rules of the Commission;
8        5. Have no criminal record history reported on an
9    Identity History Summary that violates the Rules of the
10    Commission;
11        6. Possess a current, active E.Passport;
12        7. Provide attestations in regard to areas of intended
13    practice, conformity with standards of practice,
14    competence in telepsychology technology; criminal
15    background; and knowledge and adherence to legal
16    requirements in the home and receiving states, and provide
17    a release of information to allow for primary source
18    verification in a manner specified by the Commission; and
19        8. Meet other criteria as defined by the Rules of the
20    Commission.
21    C. The Home State maintains authority over the license of
22any psychologist practicing into a Receiving State under the
23Authority to Practice Interjurisdictional Telepsychology.
24    D. A psychologist practicing into a Receiving State under
25the Authority to Practice Interjurisdictional Telepsychology
26will be subject to the Receiving State's scope of practice. A

 

 

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1Receiving State may, in accordance with that state's due
2process law, limit or revoke a psychologist's Authority to
3Practice Interjurisdictional Telepsychology in the Receiving
4State and may take any other necessary actions under the
5Receiving State's applicable law to protect the health and
6safety of the Receiving State's citizens. If a Receiving State
7takes action, the state shall promptly notify the Home State
8and the Commission.
9    E. If a psychologist's license in any Home State, another
10Compact State, or any Authority to Practice
11Interjurisdictional Telepsychology in any Receiving State, is
12restricted, suspended or otherwise limited, the E.Passport
13shall be revoked and therefore the psychologist shall not be
14eligible to practice telepsychology in a Compact State under
15the Authority to Practice Interjurisdictional Telepsychology.
 
16
ARTICLE V
17
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
18    A. Compact States shall also recognize the right of a
19psychologist, licensed in a Compact State in conformance with
20Article III, to practice temporarily in other Compact States
21(Distant States) in which the psychologist is not licensed, as
22provided in the Compact.
23    B. To exercise the Temporary Authorization to Practice
24under the terms and provisions of this Compact, a psychologist
25licensed to practice in a Compact State must:

 

 

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1        1. Hold a graduate degree in psychology from an
2    institute of higher education that was, at the time the
3    degree was awarded:
4            a. Regionally accredited by an accrediting body
5        recognized by the U.S. Department of Education to grant
6        graduate degrees, OR authorized by Provincial Statute
7        or Royal Charter to grant doctoral degrees; OR
8            b. A foreign college or university deemed to be
9        equivalent to 1 (a) above by a foreign credential
10        evaluation service that is a member of the National
11        Association of Credential Evaluation Services (NACES)
12        or by a recognized foreign credential evaluation
13        service; AND
14        2. Hold a graduate degree in psychology that meets the
15    following criteria:
16            a. The program, wherever it may be
17        administratively housed, must be clearly identified
18        and labeled as a psychology program. Such a program
19        must specify in pertinent institutional catalogues and
20        brochures its intent to educate and train professional
21        psychologists;
22            b. The psychology program must stand as a
23        recognizable, coherent, organizational entity within
24        the institution;
25            c. There must be a clear authority and primary
26        responsibility for the core and specialty areas

 

 

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1        whether or not the program cuts across administrative
2        lines;
3            d. The program must consist of an integrated,
4        organized sequence of study;
5            e. There must be an identifiable psychology
6        faculty sufficient in size and breadth to carry out its
7        responsibilities;
8            f. The designated director of the program must be a
9        psychologist and a member of the core faculty;
10            g. The program must have an identifiable body of
11        students who are matriculated in that program for a
12        degree;
13            h. The program must include supervised practicum,
14        internship, or field training appropriate to the
15        practice of psychology;
16            i. The curriculum shall encompass a minimum of
17        three academic years of full- time graduate study for
18        doctoral degrees and a minimum of one academic year of
19        full-time graduate study for master's degree;
20            j. The program includes an acceptable residency as
21        defined by the Rules of the Commission.
22        3. Possess a current, full and unrestricted license to
23    practice psychology in a Home State which is a Compact
24    State;
25        4. No history of adverse action that violate the Rules
26    of the Commission;

 

 

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1        5. No criminal record history that violates the Rules
2    of the Commission;
3        6. Possess a current, active IPC;
4        7. Provide attestations in regard to areas of intended
5    practice and work experience and provide a release of
6    information to allow for primary source verification in a
7    manner specified by the Commission; and
8        8. Meet other criteria as defined by the Rules of the
9    Commission.
10    C. A psychologist practicing into a Distant State under the
11Temporary Authorization to Practice shall practice within the
12scope of practice authorized by the Distant State.
13    D. A psychologist practicing into a Distant State under the
14Temporary Authorization to Practice will be subject to the
15Distant State's authority and law. A Distant State may, in
16accordance with that state's due process law, limit or revoke a
17psychologist's Temporary Authorization to Practice in the
18Distant State and may take any other necessary actions under
19the Distant State's applicable law to protect the health and
20safety of the Distant State's citizens. If a Distant State
21takes action, the state shall promptly notify the Home State
22and the Commission.
23    E. If a psychologist's license in any Home State, another
24Compact State, or any Temporary Authorization to Practice in
25any Distant State, is restricted, suspended or otherwise
26limited, the IPC shall be revoked and therefore the

 

 

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1psychologist shall not be eligible to practice in a Compact
2State under the Temporary Authorization to Practice.
 
3
ARTICLE VI
4
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
5    A. A psychologist may practice in a Receiving State under
6the Authority to Practice Interjurisdictional Telepsychology
7only in the performance of the scope of practice for psychology
8as assigned by an appropriate State Psychology Regulatory
9Authority, as defined in the Rules of the Commission, and under
10the following circumstances:
11        1. The psychologist initiates a client/patient contact
12    in a Home State via telecommunications technologies with a
13    client/patient in a Receiving State;
14        2. Other conditions regarding telepsychology as
15    determined by Rules promulgated by the Commission.
 
16
ARTICLE VII
17
ADVERSE ACTIONS
18    A. A Home State shall have the power to impose adverse
19action against a psychologist's license issued by the Home
20State. A Distant State shall have the power to take adverse
21action on a psychologist's Temporary Authorization to Practice
22within that Distant State.
23    B. A Receiving State may take adverse action on a
24psychologist's Authority to Practice Interjurisdictional

 

 

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1Telepsychology within that Receiving State. A Home State may
2take adverse action against a psychologist based on an adverse
3action taken by a Distant State regarding temporary in-person,
4face-to-face practice.
5    C. If a Home State takes adverse action against a
6psychologist's license, that psychologist's Authority to
7Practice Interjurisdictional Telepsychology is terminated and
8the E.Passport is revoked. Furthermore, that psychologist's
9Temporary Authorization to Practice is terminated and the IPC
10is revoked.
11        1. All Home State disciplinary orders which impose
12    adverse action shall be reported to the Commission in
13    accordance with the Rules promulgated by the Commission. A
14    Compact State shall report adverse actions in accordance
15    with the Rules of the Commission.
16        2. In the event discipline is reported on a
17    psychologist, the psychologist will not be eligible for
18    telepsychology or temporary in-person, face-to-face
19    practice in accordance with the Rules of the Commission.
20        3. Other actions may be imposed as determined by the
21    Rules promulgated by the Commission.
22    D. A Home State's Psychology Regulatory Authority shall
23investigate and take appropriate action with respect to
24reported inappropriate conduct engaged in by a licensee which
25occurred in a Receiving State as it would if such conduct had
26occurred by a licensee within the Home State. In such cases,

 

 

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1the Home State's law shall control in determining any adverse
2action against a psychologist's license.
3    E. A Distant State's Psychology Regulatory Authority shall
4investigate and take appropriate action with respect to
5reported inappropriate conduct engaged in by a psychologist
6practicing under Temporary Authorization Practice which
7occurred in that Distant State as it would if such conduct had
8occurred by a licensee within the Home State. In such cases,
9Distant State's law shall control in determining any adverse
10action against a psychologist's Temporary Authorization to
11Practice.
12    F. Nothing in this Compact shall override a Compact State's
13decision that a psychologist's participation in an alternative
14program may be used in lieu of adverse action and that such
15participation shall remain non-public if required by the
16Compact State's law. Compact States must require psychologists
17who enter any alternative programs to not provide
18telepsychology services under the Authority to Practice
19Interjurisdictional Telepsychology or provide temporary
20psychological services under the Temporary Authorization to
21Practice in any other Compact State during the term of the
22alternative program.
23    G. No other judicial or administrative remedies shall be
24available to a psychologist in the event a Compact State
25imposes an adverse action pursuant to subsection C, above.
 

 

 

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1
ARTICLE VIII
2
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
3
PSYCHOLOGY REGULATORY AUTHORITY
4    A. In addition to any other powers granted under state law,
5a Compact State's Psychology Regulatory Authority shall have
6the authority under this Compact to:
7        1. Issue subpoenas, for both hearings and
8    investigations, which require the attendance and testimony
9    of witnesses and the production of evidence. Subpoenas
10    issued by a Compact State's Psychology Regulatory
11    Authority for the attendance and testimony of witnesses,
12    and/or the production of evidence from another Compact
13    State shall be enforced in the latter state by any court of
14    competent jurisdiction, according to that court's practice
15    and procedure in considering subpoenas issued in its own
16    proceedings. The issuing State Psychology Regulatory
17    Authority shall pay any witness fees, travel expenses,
18    mileage and other fees required by the service statutes of
19    the state where the witnesses and/or evidence are located;
20    and
21        2. Issue cease and desist and/or injunctive relief
22    orders to revoke a psychologist's Authority to Practice
23    Interjurisdictional Telepsychology and/or Temporary
24    Authorization to Practice.
25        3. During the course of any investigation, a
26    psychologist may not change his/her Home State licensure. A

 

 

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1    Home State Psychology Regulatory Authority is authorized
2    to complete any pending investigations of a psychologist
3    and to take any actions appropriate under its law. The Home
4    State Psychology Regulatory Authority shall promptly
5    report the conclusions of such investigations to the
6    Commission. Once an investigation has been completed, and
7    pending the outcome of said investigation, the
8    psychologist may change his/her Home State licensure. The
9    Commission shall promptly notify the new Home State of any
10    such decisions as provided in the Rules of the Commission.
11    All information provided to the Commission or distributed
12    by Compact States pursuant to the psychologist shall be
13    confidential, filed under seal and used for investigatory
14    or disciplinary matters. The Commission may create
15    additional rules for mandated or discretionary sharing of
16    information by Compact States.
 
17
ARTICLE IX
18
COORDINATED LICENSURE INFORMATION SYSTEM
19    A. The Commission shall provide for the development and
20maintenance of a Coordinated Licensure Information System
21(Coordinated Database) and reporting system containing
22licensure and disciplinary action information on all
23psychologists individuals to whom this Compact is applicable in
24all Compact States as defined by the Rules of the Commission.
25    B. Notwithstanding any other provision of state law to the

 

 

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1contrary, a Compact State shall submit a uniform data set to
2the Coordinated Database on all licensees as required by the
3Rules of the Commission, including:
4        1. Identifying information;
5        2. Licensure data;
6        3. Significant investigatory information;
7        4. Adverse actions against a psychologist's license;
8        5. An indicator that a psychologist's Authority to
9    Practice Interjurisdictional Telepsychology and/or
10    Temporary Authorization to Practice is revoked;
11        6. Non-confidential information related to alternative
12    program participation information;
13        7. Any denial of application for licensure, and the
14    reasons for such denial; and
15        8. Other information which may facilitate the
16    administration of this Compact, as determined by the Rules
17    of the Commission.
18    C. The Coordinated Database administrator shall promptly
19notify all Compact States of any adverse action taken against,
20or significant investigative information on, any licensee in a
21Compact State.
22    D. Compact States reporting information to the Coordinated
23Database may designate information that may not be shared with
24the public without the express permission of the Compact State
25reporting the information.
26    E. Any information submitted to the Coordinated Database

 

 

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1that is subsequently required to be expunged by the law of the
2Compact State reporting the information shall be removed from
3the Coordinated Database.
 
4
ARTICLE X
5
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
6
COMMISSION
7    A. The Compact States hereby create and establish a joint
8public agency known as the Psychology Interjurisdictional
9Compact Commission.
10        1. The Commission is a body politic and an
11    instrumentality of the Compact States.
12        2. Venue is proper and judicial proceedings by or
13    against the Commission shall be brought solely and
14    exclusively in a court of competent jurisdiction where the
15    principal office of the Commission is located. The
16    Commission may waive venue and jurisdictional defenses to
17    the extent it adopts or consents to participate in
18    alternative dispute resolution proceedings.
19        3. Nothing in this Compact shall be construed to be a
20    waiver of sovereign immunity.
21    B. Membership, Voting, and Meetings
22        1. The Commission shall consist of one voting
23    representative appointed by each Compact State who shall
24    serve as that state's Commissioner. The State Psychology
25    Regulatory Authority shall appoint its delegate. This

 

 

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1    delegate shall be empowered to act on behalf of the Compact
2    State. This delegate shall be limited to:
3            a. Executive Director, Executive Secretary or
4        similar executive;
5            b. Current member of the State Psychology
6        Regulatory Authority of a Compact State; OR
7            c. Designee empowered with the appropriate
8        delegate authority to act on behalf of the Compact
9        State.
10        2. Any Commissioner may be removed or suspended from
11    office as provided by the law of the state from which the
12    Commissioner is appointed. Any vacancy occurring in the
13    Commission shall be filled in accordance with the laws of
14    the Compact State in which the vacancy exists.
15        3. Each Commissioner shall be entitled to one (1) vote
16    with regard to the promulgation of Rules and creation of
17    Bylaws and shall otherwise have an opportunity to
18    participate in the business and affairs of the Commission.
19    A Commissioner shall vote in person or by such other means
20    as provided in the Bylaws. The Bylaws may provide for
21    Commissioners' participation in meetings by telephone or
22    other means of communication.
23        4. The Commission shall meet at least once during each
24    calendar year. Additional meetings shall be held as set
25    forth in the Bylaws.
26        5. All meetings shall be open to the public, and public

 

 

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1    notice of meetings shall be given in the same manner as
2    required under the rulemaking provisions in Article XI.
3        6. The Commission may convene in a closed, non-public
4    meeting if the Commission must discuss:
5            a. Non-compliance of a Compact State with its
6        obligations under the Compact;
7            b. The employment, compensation, discipline or
8        other personnel matters, practices or procedures
9        related to specific employees or other matters related
10        to the Commission's internal personnel practices and
11        procedures;
12            c. Current, threatened, or reasonably anticipated
13        litigation against the Commission;
14            d. Negotiation of contracts for the purchase or
15        sale of goods, services or real estate;
16            e. Accusation against any person of a crime or
17        formally censuring any person;
18            f. Disclosure of trade secrets or commercial or
19        financial information which is privileged or
20        confidential;
21            g. Disclosure of information of a personal nature
22        where disclosure would constitute a clearly
23        unwarranted invasion of personal privacy;
24            h. Disclosure of investigatory records compiled
25        for law enforcement purposes;
26            i. Disclosure of information related to any

 

 

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1        investigatory reports prepared by or on behalf of or
2        for use of the Commission or other committee charged
3        with responsibility for investigation or determination
4        of compliance issues pursuant to the Compact; or
5            j. Matters specifically exempted from disclosure
6        by federal and state statute.
7        7. If a meeting, or portion of a meeting, is closed
8    pursuant to this provision, the Commission's legal counsel
9    or designee shall certify that the meeting may be closed
10    and shall reference each relevant exempting provision. The
11    Commission shall keep minutes which fully and clearly
12    describe all matters discussed in a meeting and shall
13    provide a full and accurate summary of actions taken, of
14    any person participating in the meeting, and the reasons
15    therefore, including a description of the views expressed.
16    All documents considered in connection with an action shall
17    be identified in such minutes. All minutes and documents of
18    a closed meeting shall remain under seal, subject to
19    release only by a majority vote of the Commission or order
20    of a court of competent jurisdiction.
21    C. The Commission shall, by a majority vote of the
22Commissioners, prescribe Bylaws and/or Rules to govern its
23conduct as may be necessary or appropriate to carry out the
24purposes and exercise the powers of the Compact, including but
25not limited to:
26        1. Establishing the fiscal year of the Commission;

 

 

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1        2. Providing reasonable standards and procedures:
2            a. for the establishment and meetings of other
3        committees; and
4            b. governing any general or specific delegation of
5        any authority or function of the Commission;
6        3. Providing reasonable procedures for calling and
7    conducting meetings of the Commission, ensuring reasonable
8    advance notice of all meetings and providing an opportunity
9    for attendance of such meetings by interested parties, with
10    enumerated exceptions designed to protect the public's
11    interest, the privacy of individuals of such proceedings,
12    and proprietary information, including trade secrets. The
13    Commission may meet in closed session only after a majority
14    of the Commissioners vote to close a meeting to the public
15    in whole or in part. As soon as practicable, the Commission
16    must make public a copy of the vote to close the meeting
17    revealing the vote of each Commissioner with no proxy votes
18    allowed;
19        4. Establishing the titles, duties and authority and
20    reasonable procedures for the election of the officers of
21    the Commission;
22        5. Providing reasonable standards and procedures for
23    the establishment of the personnel policies and programs of
24    the Commission. Notwithstanding any civil service or other
25    similar law of any Compact State, the Bylaws shall
26    exclusively govern the personnel policies and programs of

 

 

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1    the Commission;
2        6. Promulgating a Code of Ethics to address permissible
3    and prohibited activities of Commission members and
4    employees;
5        7. Providing a mechanism for concluding the operations
6    of the Commission and the equitable disposition of any
7    surplus funds that may exist after the termination of the
8    Compact after the payment and/or reserving of all of its
9    debts and obligations;
10        8. The Commission shall publish its Bylaws in a
11    convenient form and file a copy thereof and a copy of any
12    amendment thereto, with the appropriate agency or officer
13    in each of the Compact States;
14        9. The Commission shall maintain its financial records
15    in accordance with the Bylaws; and
16        10. The Commission shall meet and take such actions as
17    are consistent with the provisions of this Compact and the
18    Bylaws.
19    D. The Commission shall have the following powers:
20        1. The authority to promulgate uniform rules to
21    facilitate and coordinate implementation and
22    administration of this Compact. The rule shall have the
23    force and effect of law and shall be binding in all Compact
24    States;
25        2. To bring and prosecute legal proceedings or actions
26    in the name of the Commission, provided that the standing

 

 

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1    of any State Psychology Regulatory Authority or other
2    regulatory body responsible for psychology licensure to
3    sue or be sued under applicable law shall not be affected;
4        3. To purchase and maintain insurance and bonds;
5        4. To borrow, accept or contract for services of
6    personnel, including, but not limited to, employees of a
7    Compact State;
8        5. To hire employees, elect or appoint officers, fix
9    compensation, define duties, grant such individuals
10    appropriate authority to carry out the purposes of the
11    Compact, and to establish the Commission's personnel
12    policies and programs relating to conflicts of interest,
13    qualifications of personnel, and other related personnel
14    matters;
15        6. To accept any and all appropriate donations and
16    grants of money, equipment, supplies, materials and
17    services, and to receive, utilize and dispose of the same;
18    provided that at all times the Commission shall strive to
19    avoid any appearance of impropriety and/or conflict of
20    interest;
21        7. To lease, purchase, accept appropriate gifts or
22    donations of, or otherwise to own, hold, improve or use,
23    any property, real, personal or mixed; provided that at all
24    times the Commission shall strive to avoid any appearance
25    of impropriety;
26        8. To sell, convey, mortgage, pledge, lease, exchange,

 

 

HB2688- 31 -LRB100 00330 SMS 10334 b

1    abandon or otherwise dispose of any property real, personal
2    or mixed;
3        9. To establish a budget and make expenditures;
4        10. To borrow money;
5        11. To appoint committees, including advisory
6    committees comprised of Members, State regulators, State
7    legislators or their representatives, and consumer
8    representatives, and such other interested persons as may
9    be designated in this Compact and the Bylaws;
10        12. To provide and receive information from, and to
11    cooperate with, law enforcement agencies;
12        13. To adopt and use an official seal; and
13        14. To perform such other functions as may be necessary
14    or appropriate to achieve the purposes of this Compact
15    consistent with the state regulation of psychology
16    licensure, temporary in-person, face-to-face practice and
17    telepsychology practice.
18    E. The Executive Board
19    The elected officers shall serve as the Executive Board,
20which shall have the power to act on behalf of the Commission
21according to the terms of this Compact.
22        1. The Executive Board shall be comprised of six
23    members:
24            a. Five voting members who are elected from the
25        current membership of the Commission by the
26        Commission;

 

 

HB2688- 32 -LRB100 00330 SMS 10334 b

1            b. One ex-officio, nonvoting member from the
2        recognized membership organization composed of State
3        and Provincial Psychology Regulatory Authorities.
4        2. The ex-officio member must have served as staff or
5    member on a State Psychology Regulatory Authority and will
6    be selected by its respective organization.
7        3. The Commission may remove any member of the
8    Executive Board as provided in Bylaws.
9        4. The Executive Board shall meet at least annually.
10        5. The Executive Board shall have the following duties
11    and responsibilities:
12            a. Recommend to the entire Commission changes to
13        the Rules or Bylaws, changes to this Compact
14        legislation, fees paid by Compact States such as annual
15        dues, and any other applicable fees;
16            b. Ensure Compact administration services are
17        appropriately provided, contractual or otherwise;
18            c. Prepare and recommend the budget;
19            d. Maintain financial records on behalf of the
20        Commission;
21            e. Monitor Compact compliance of member states and
22        provide compliance reports to the Commission;
23            f. Establish additional committees as necessary;
24        and
25            g. Other duties as provided in Rules or Bylaws.
26    F. Financing of the Commission

 

 

HB2688- 33 -LRB100 00330 SMS 10334 b

1        1. The Commission shall pay, or provide for the payment
2    of the reasonable expenses of its establishment,
3    organization and ongoing activities.
4        2. The Commission may accept any and all appropriate
5    revenue sources, donations and grants of money, equipment,
6    supplies, materials and services.
7        3. The Commission may levy on and collect an annual
8    assessment from each Compact State or impose fees on other
9    parties to cover the cost of the operations and activities
10    of the Commission and its staff which must be in a total
11    amount sufficient to cover its annual budget as approved
12    each year for which revenue is not provided by other
13    sources. The aggregate annual assessment amount shall be
14    allocated based upon a formula to be determined by the
15    Commission which shall promulgate a rule binding upon all
16    Compact States.
17        4. The Commission shall not incur obligations of any
18    kind prior to securing the funds adequate to meet the same;
19    nor shall the Commission pledge the credit of any of the
20    Compact States, except by and with the authority of the
21    Compact State.
22        5. The Commission shall keep accurate accounts of all
23    receipts and disbursements. The receipts and disbursements
24    of the Commission shall be subject to the audit and
25    accounting procedures established under its Bylaws.
26    However, all receipts and disbursements of funds handled by

 

 

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1    the Commission shall be audited yearly by a certified or
2    licensed public accountant and the report of the audit
3    shall be included in and become part of the annual report
4    of the Commission.
5    G. Qualified Immunity, Defense, and Indemnification
6        1. The members, officers, Executive Director,
7    employees and representatives of the Commission shall be
8    immune from suit and liability, either personally or in
9    their official capacity, for any claim for damage to or
10    loss of property or personal injury or other civil
11    liability caused by or arising out of any actual or alleged
12    act, error or omission that occurred, or that the person
13    against whom the claim is made had a reasonable basis for
14    believing occurred within the scope of Commission
15    employment, duties or responsibilities; provided that
16    nothing in this paragraph shall be construed to protect any
17    such person from suit and/or liability for any damage,
18    loss, injury or liability caused by the intentional or
19    willful or wanton misconduct of that person.
20        2. The Commission shall defend any member, officer,
21    Executive Director, employee or representative of the
22    Commission in any civil action seeking to impose liability
23    arising out of any actual or alleged act, error or omission
24    that occurred within the scope of Commission employment,
25    duties or responsibilities, or that the person against whom
26    the claim is made had a reasonable basis for believing

 

 

HB2688- 35 -LRB100 00330 SMS 10334 b

1    occurred within the scope of Commission employment, duties
2    or responsibilities; provided that nothing herein shall be
3    construed to prohibit that person from retaining his or her
4    own counsel; and provided further, that the actual or
5    alleged act, error or omission did not result from that
6    person's intentional or willful or wanton misconduct.
7        3. The Commission shall indemnify and hold harmless any
8    member, officer, Executive Director, employee or
9    representative of the Commission for the amount of any
10    settlement or judgment obtained against that person
11    arising out of any actual or alleged act, error or omission
12    that occurred within the scope of Commission employment,
13    duties or responsibilities, or that such person had a
14    reasonable basis for believing occurred within the scope of
15    Commission employment, duties or responsibilities,
16    provided that the actual or alleged act, error or omission
17    did not result from the intentional or willful or wanton
18    misconduct of that person.
 
19
ARTICLE XI
20
RULEMAKING
21    A. The Commission shall exercise its rulemaking powers
22pursuant to the criteria set forth in this Article and the
23Rules adopted thereunder. Rules and amendments shall become
24binding as of the date specified in each rule or amendment.
25    B. If a majority of the legislatures of the Compact States

 

 

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1rejects a rule, by enactment of a statute or resolution in the
2same manner used to adopt the Compact, then such rule shall
3have no further force and effect in any Compact State.
4    C. Rules or amendments to the rules shall be adopted at a
5regular or special meeting of the Commission.
6    D. Prior to promulgation and adoption of a final rule or
7Rules by the Commission, and at least sixty (60) days in
8advance of the meeting at which the rule will be considered and
9voted upon, the Commission shall file a Notice of Proposed
10Rulemaking:
11        1. On the website of the Commission; and
12        2. On the website of each Compact States' Psychology
13    Regulatory Authority or the publication in which each state
14    would otherwise publish proposed rules.
15    E. The Notice of Proposed Rulemaking shall include:
16        1. The proposed time, date, and location of the meeting
17    in which the rule will be considered and voted upon;
18        2. The text of the proposed rule or amendment and the
19    reason for the proposed rule;
20        3. A request for comments on the proposed rule from any
21    interested person; and
22        4. The manner in which interested persons may submit
23    notice to the Commission of their intention to attend the
24    public hearing and any written comments.
25    F. Prior to adoption of a proposed rule, the Commission
26shall allow persons to submit written data, facts, opinions and

 

 

HB2688- 37 -LRB100 00330 SMS 10334 b

1arguments, which shall be made available to the public.
2    G. The Commission shall grant an opportunity for a public
3hearing before it adopts a rule or amendment if a hearing is
4requested by:
5        1. At least twenty-five (25) persons who submit
6    comments independently of each other;
7        2. A governmental subdivision or agency; or
8        3. A duly appointed person in an association that has
9    having at least twenty-five (25) members.
10    H. If a hearing is held on the proposed rule or amendment,
11the Commission shall publish the place, time, and date of the
12scheduled public hearing.
13        1. All persons wishing to be heard at the hearing shall
14    notify the Executive Director of the Commission or other
15    designated member in writing of their desire to appear and
16    testify at the hearing not less than five (5) business days
17    before the scheduled date of the hearing.
18        2. Hearings shall be conducted in a manner providing
19    each person who wishes to comment a fair and reasonable
20    opportunity to comment orally or in writing.
21        3. No transcript of the hearing is required, unless a
22    written request for a transcript is made, in which case the
23    person requesting the transcript shall bear the cost of
24    producing the transcript. A recording may be made in lieu
25    of a transcript under the same terms and conditions as a
26    transcript. This subsection shall not preclude the

 

 

HB2688- 38 -LRB100 00330 SMS 10334 b

1    Commission from making a transcript or recording of the
2    hearing if it so chooses.
3        4. Nothing in this section shall be construed as
4    requiring a separate hearing on each rule. Rules may be
5    grouped for the convenience of the Commission at hearings
6    required by this section.
7    I. Following the scheduled hearing date, or by the close of
8business on the scheduled hearing date if the hearing was not
9held, the Commission shall consider all written and oral
10comments received.
11    J. The Commission shall, by majority vote of all members,
12take final action on the proposed rule and shall determine the
13effective date of the rule, if any, based on the rulemaking
14record and the full text of the rule.
15    K. If no written notice of intent to attend the public
16hearing by interested parties is received, the Commission may
17proceed with promulgation of the proposed rule without a public
18hearing.
19    L. Upon determination that an emergency exists, the
20Commission may consider and adopt an emergency rule without
21prior notice, opportunity for comment, or hearing, provided
22that the usual rulemaking procedures provided in the Compact
23and in this section shall be retroactively applied to the rule
24as soon as reasonably possible, in no event later than ninety
25(90) days after the effective date of the rule. For the
26purposes of this provision, an emergency rule is one that must

 

 

HB2688- 39 -LRB100 00330 SMS 10334 b

1be adopted immediately in order to:
2        1. Meet an imminent threat to public health, safety, or
3    welfare;
4        2. Prevent a loss of Commission or Compact State funds;
5        3. Meet a deadline for the promulgation of an
6    administrative rule that is established by federal law or
7    rule; or
8        4. Protect public health and safety.
9    M. The Commission or an authorized committee of the
10Commission may direct revisions to a previously adopted rule or
11amendment for purposes of correcting typographical errors,
12errors in format, errors in consistency, or grammatical errors.
13Public notice of any revisions shall be posted on the website
14of the Commission. The revision shall be subject to challenge
15by any person for a period of thirty (30) days after posting.
16The revision may be challenged only on grounds that the
17revision results in a material change to a rule.
18    A challenge shall be made in writing, and delivered to the
19Chair of the Commission prior to the end of the notice period.
20If no challenge is made, the revision will take effect without
21further action. If the revision is challenged, the revision may
22not take effect without the approval of the Commission.
 
23
ARTICLE XII
24
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
25    A. Oversight

 

 

HB2688- 40 -LRB100 00330 SMS 10334 b

1        1. The Executive, Legislative and Judicial branches of
2    state government in each Compact State shall enforce this
3    Compact and take all actions necessary and appropriate to
4    effectuate the Compact's purposes and intent. The
5    provisions of this Compact and the rules promulgated
6    hereunder shall have standing as statutory law.
7        2. All courts shall take judicial notice of the Compact
8    and the rules in any judicial or administrative proceeding
9    in a Compact State pertaining to the subject matter of this
10    Compact which may affect the powers, responsibilities or
11    actions of the Commission.
12        3. The Commission shall be entitled to receive service
13    of process in any such proceeding, and shall have standing
14    to intervene in such a proceeding for all purposes. Failure
15    to provide service of process to the Commission shall
16    render a judgment or order void as to the Commission, this
17    Compact or promulgated rules.
18    B. Default, Technical Assistance, and Termination
19        1. If the Commission determines that a Compact State
20    has defaulted in the performance of its obligations or
21    responsibilities under this Compact or the promulgated
22    rules, the Commission shall:
23            a. Provide written notice to the defaulting state
24        and other Compact States of the nature of the default,
25        the proposed means of remedying the default and/or any
26        other action to be taken by the Commission; and

 

 

HB2688- 41 -LRB100 00330 SMS 10334 b

1            b. Provide remedial training and specific
2        technical assistance regarding the default.
3        2. If a state in default fails to remedy the default,
4    the defaulting state may be terminated from the Compact
5    upon an affirmative vote of a majority of the Compact
6    States, and all rights, privileges and benefits conferred
7    by this Compact shall be terminated on the effective date
8    of termination. A remedy of the default does not relieve
9    the offending state of obligations or liabilities incurred
10    during the period of default.
11        3. Termination of membership in the Compact shall be
12    imposed only after all other means of securing compliance
13    have been exhausted. Notice of intent to suspend or
14    terminate shall be submitted by the Commission to the
15    Governor, the majority and minority leaders of the
16    defaulting state's legislature, and each of the Compact
17    States.
18        4. A Compact State which has been terminated is
19    responsible for all assessments, obligations and
20    liabilities incurred through the effective date of
21    termination, including obligations which extend beyond the
22    effective date of termination.
23        5. The Commission shall not bear any costs incurred by
24    the state which is found to be in default or which has been
25    terminated from the Compact, unless agreed upon in writing
26    between the Commission and the defaulting state.

 

 

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1        6. The defaulting state may appeal the action of the
2    Commission by petitioning the U.S. District Court for the
3    state of Georgia or the federal district where the Compact
4    has its principal offices. The prevailing member shall be
5    awarded all costs of such litigation, including reasonable
6    attorney's fees.
7    C. Dispute Resolution
8        1. Upon request by a Compact State, the Commission
9    shall attempt to resolve disputes related to the Compact
10    which arise among Compact States and between Compact and
11    Non-Compact States.
12        2. The Commission shall promulgate a rule providing for
13    both mediation and binding dispute resolution for disputes
14    that arise before the commission.
15    D. Enforcement
16        1. The Commission, in the reasonable exercise of its
17    discretion, shall enforce the provisions and Rules of this
18    Compact.
19        2. By majority vote, the Commission may initiate legal
20    action in the United States District Court for the State of
21    Georgia or the federal district where the Compact has its
22    principal offices against a Compact State in default to
23    enforce compliance with the provisions of the Compact and
24    its promulgated Rules and Bylaws. The relief sought may
25    include both injunctive relief and damages. In the event
26    judicial enforcement is necessary, the prevailing member

 

 

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1    shall be awarded all costs of such litigation, including
2    reasonable attorney's fees.
3        3. The remedies herein shall not be the exclusive
4    remedies of the Commission. The Commission may pursue any
5    other remedies available under federal or state law.
 
6
ARTICLE XIII
7
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
8
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND
9
AMENDMENTS
10    A. The Compact shall come into effect on the date on which
11the Compact is enacted into law in the seventh Compact State.
12The provisions which become effective at that time shall be
13limited to the powers granted to the Commission relating to
14assembly and the promulgation of rules. Thereafter, the
15Commission shall meet and exercise rulemaking powers necessary
16to the implementation and administration of the Compact.
17    B. Any state which joins the Compact subsequent to the
18Commission's initial adoption of the rules shall be subject to
19the rules as they exist on the date on which the Compact
20becomes law in that state. Any rule which has been previously
21adopted by the Commission shall have the full force and effect
22of law on the day the Compact becomes law in that state.
23    C. Any Compact State may withdraw from this Compact by
24enacting a statute repealing the same.
25        1. A Compact State's withdrawal shall not take effect

 

 

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1    until six (6) months after enactment of the repealing
2    statute.
3        2. Withdrawal shall not affect the continuing
4    requirement of the withdrawing State's Psychology
5    Regulatory Authority to comply with the investigative and
6    adverse action reporting requirements of this act prior to
7    the effective date of withdrawal.
8    D. Nothing contained in this Compact shall be construed to
9invalidate or prevent any psychology licensure agreement or
10other cooperative arrangement between a Compact State and a
11Non-Compact State which does not conflict with the provisions
12of this Compact.
13    E. This Compact may be amended by the Compact States. No
14amendment to this Compact shall become effective and binding
15upon any Compact State until it is enacted into the law of all
16Compact States.
 
17
ARTICLE XIV
18
CONSTRUCTION AND SEVERABILITY
19    This Compact shall be liberally construed so as to
20effectuate the purposes thereof. If this Compact shall be held
21contrary to the constitution of any state member thereto, the
22Compact shall remain in full force and effect as to the
23remaining Compact States.