Florida 2022 Regular Session

Florida House Bill H0953 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 953 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the Psychology Interjurisdictional 2
16	16	Compact; creating s. 490.0075, F.S.; creating the 3
17	17	Psychology Interjurisdictional Compact; providing 4
18	18	purposes and objectives; defining terms; providing for 5
19	19	recognition of psychologist licenses in compact 6
20	20	states; authorizing a compact state to require 7
21	21	licensure under certain circumstances; requiring 8
22	22	compact states to meet certain criteria to participate 9
23	23	in the compact; providing criteria that a psychologist 10
24	24	must satisfy to practice under the compact; 11
25	25	maintaining that authori ty over a psychologist's 12
26	26	license remains with the home state but authorizing 13
27	27	receiving states to define the scope of and act on a 14
28	28	psychologist's authority to practice in the compact 15
29	29	state under the compact; prohibiting a psychologist 16
30	30	from practicing under the compact if his or her 17
31	31	authority to do so has been acted on by any compact 18
32	32	state; requiring compact states to report adverse 19
33	33	actions they take against psychologists to the 20
34	34	Psychology Interjurisdictional Compact Commission; 21
35	35	requiring compact states to pa rticipate in a 22
36	36	coordinated licensure information system; providing 23
37	37	for the development of the system, reporting 24
38	38	procedures, and the exchange of certain information 25
39	39
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	between compact states; establishing the Psychology 26
52	52	Interjurisdictional Compact Commission; providing for 27
53	53	the jurisdiction and venue for court proceedings; 28
54	54	providing membership, duties, and powers; authorizing 29
55	55	the commission to adopt rules; providing rulemaking 30
56	56	procedures; providing for state enforcement of the 31
57	57	compact; providing for the terminat ion of compact 32
58	58	membership; providing procedures for the resolution of 33
59	59	certain disputes; providing compact amendment 34
60	60	procedures; authorizing nonparty states to participate 35
61	61	in commission activities before adoption of the 36
62	62	compact; providing construction and s everability; 37
63	63	amending s. 456.073, F.S.; requiring the Department of 38
64	64	Health to report certain investigative information to 39
65	65	the coordinated licensure information system; amending 40
66	66	s. 456.076, F.S.; requiring monitoring contracts for 41
67	67	impaired practitioners par ticipating in treatment 42
68	68	programs to contain certain terms; amending s. 43
69	69	490.004, F.S.; requiring the Board of Psychology to 44
70	70	appoint an individual to serve as the state's 45
71	71	commissioner on the Psychology Interjurisdictional 46
72	72	Compact Commission; amending s. 490. 005, F.S.; 47
73	73	exempting certain persons from licensure requirements; 48
74	74	amending s. 490.006, F.S.; exempting certain persons 49
75	75	from requirements for licensure by endorsement; 50
76	76
77	77	HB 953 2022
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	amending s. 490.009, F.S.; authorizing certain 51
89	89	disciplinary action under the compact for certain 52
90	90	prohibited acts; amending s. 768.28, F.S.; designating 53
91	91	the state commissioner and other members or employees 54
92	92	of the commission as state agents for the purpose of 55
93	93	applying sovereign immunity and waivers of sovereign 56
94	94	immunity; requiring the commissio n to pay certain 57
95	95	judgments or claims; authorizing the commission to 58
96	96	maintain insurance coverage to pay such judgments or 59
97	97	claims; providing an effective date. 60
98	98	61
99	99	WHEREAS, states license psychologists to protect the public 62
100	100	through verification of educatio n, training, and experience and 63
101	101	to ensure accountability for professional practice, and 64
102	102	WHEREAS, this compact is intended to regulate the day -to-65
103	103	day practice of telepsychology, or the provision of 66
104	104	psychological services using telecommunication technologie s, by 67
105	105	psychologists across state boundaries in the performance of 68
106	106	their psychological practice as defined by an appropriate state 69
107	107	psychology regulatory authority, and 70
108	108	WHEREAS, this compact is intended to regulate the temporary 71
109	109	in-person, face-to-face practice of psychology by psychologists 72
110	110	across state boundaries for up to 30 days within a calendar year 73
111	111	in the performance of their psychological practice as defined by 74
112	112	an appropriate state psychology regulatory authority, and 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	WHEREAS, this compact is intend ed to authorize state 76
126	126	psychology regulatory authorities to afford legal recognition, 77
127	127	in a manner consistent with the terms of the compact, to 78
128	128	psychologists licensed in another state, and 79
129	129	WHEREAS, this compact recognizes that states have a vested 80
130	130	interest in protecting the public's health and safety through 81
131	131	their licensing and regulation of psychologists and that such 82
132	132	state regulation will best protect public health and safety, and 83
133	133	WHEREAS, this compact does not apply when a psychologist is 84
134	134	licensed in both the home and receiving states, and 85
135	135	WHEREAS, while this compact does not apply to permanent in -86
136	136	person, face-to-face practice, it does allow for authorization 87
137	137	of temporary psychological practice , NOW, THEREFORE, 88
138	138	89
139	139	Be It Enacted by the Legislature of the State of Florida: 90
140	140	91
141	141	Section 1. Section 490.0075, Florida Statutes, is created 92
142	142	to read: 93
143	143	490.0075 Psychology Interjurisdictional Compact. —The 94
144	144	Psychology Interjurisdictional Compact is hereby enacted and 95
145	145	entered into by this state with all other jurisdictions legally 96
146	146	joining therein in the form substantially as follows: 97
147	147	98
148	148	PSYCHOLOGY INTERJURISDICTIONAL COMPACT 99
149	149	ARTICLE I 100
150	150
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	PURPOSE 101
163	163	This compact is designed to achieve the following purposes 102
164	164	and objectives: 103
165	165	(1) Increase public access to professional p sychological 104
166	166	services by allowing for telepsychological practice across state 105
167	167	lines as well as temporary in -person, face-to-face services in a 106
168	168	state where the psychologist is not licensed to practice 107
169	169	psychology; 108
170	170	(2) Enhance the states' ability to protect the public's 109
171	171	health and safety, especially client or patient safety; 110
172	172	(3) Encourage the cooperation of compact states in the 111
173	173	areas of psychologist licensure and regulation; 112
174	174	(4) Facilitate the exchange of information between compact 113
175	175	states regarding psy chologist licensure, adverse actions, and 114
176	176	disciplinary history; 115
177	177	(5) Promote compliance with the laws governing the 116
178	178	practice of psychology in each compact state; and 117
179	179	(6) Invest all compact states with the authority to hold 118
180	180	licensed psychologists account able through the mutual 119
181	181	recognition of compact state licenses. 120
182	182	121
183	183	ARTICLE II 122
184	184	DEFINITIONS 123
185	185	As used in this compact, the term: 124
186	186	(1) "Adverse action" means any disciplinary action that is 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	a matter of public record which is taken by a state's psychology 126
200	200	regulatory authority against an individual's license to practice 127
201	201	psychology in that state. 128
202	202	(2) "Association of State and Provincial Psychology 129
203	203	Boards" means the membership organization composed of state and 130
204	204	provincial psychology regulatory authorities that are 131
205	205	responsible for the licensure and registration of psychologists 132
206	206	throughout the United States and Canada. 133
207	207	(3) "Authority to practice interjurisdictional 134
208	208	telepsychology" means a licensed psychologist's authority to 135
209	209	practice telepsychology, within the limit s authorized under this 136
210	210	compact, in a compact state other than the one in which he or 137
211	211	she is licensed. 138
212	212	(4) "Bylaws" means those rules established by the 139
213	213	Psychology Interjurisdictional Compact Commission pursuant to 140
214	214	Article X for its governance, or for di recting and controlling 141
215	215	its actions and conduct. 142
216	216	(5) "Client or patient" means the recipient of 143
217	217	psychological services, whether psychological services are 144
218	218	delivered in the context of health care, corporate, supervision, 145
219	219	or consulting services. 146
220	220	(6) "Commissioner" means the voting representative 147
221	221	appointed by each state psychology regulatory authority pursuant 148
222	222	to article X. 149
223	223	(7) "Compact state" means a state, the District of 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	Columbia, or a United States territory that has enacted this 151
237	237	compact legislation and that has not withdrawn pursuant to 152
238	238	subsection (3) of article XIII or been terminated pursuant to 153
239	239	subsection (2) of article XII. 154
240	240	(8) "Confidentiality" means the principle that data or 155
241	241	information is not made available or disclosed to unauthorized 156
242	242	persons or processes. 157
243	243	(9) "Coordinated licensure information system," also 158
244	244	referred to as "coordinated database," means an integrated 159
245	245	process that is administered by the Association of State and 160
246	246	Provincial Psychology Boards for collecting, storing, and 161
247	247	sharing information on psychologists' licensure and enforcement 162
248	248	activities related to psychology licensure laws and the 163
249	249	Psychology Interjurisdictional Compact. 164
250	250	(10) "Day" means any part of a day in which the 165
251	251	psychologist practices psychology. 166
252	252	(11) "Distant state" means the compact state where a 167
253	253	psychologist is physically present, not through the use of 168
254	254	telecommunication technologies, to provide temporary in -person, 169
255	255	face-to-face psychological services. 170
256	256	(12) "E-passport" means a certificate issued by the 171
257	257	Association of State and Provincial Psychology Boards which 172
258	258	allows a licensed psychologist to provide telepsychological 173
259	259	services across state lines. 174
260	260	(13) "Executive board" means a group of directors elected 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	or appointed to act on behalf of, and within the powers granted 176
274	274	to them by, the commission. 177
275	275	(14) "Home state" means a compact state where a 178
276	276	psychologist is licensed to practice psychology, as provided in 179
277	277	article III. 180
278	278	(15) "Identity history summary" means a summary of 181
279	279	information retained by the Feder al Bureau of Investigation, or 182
280	280	other designee with similar authority, in connection with 183
281	281	arrests and, in some instances, federal employment or military 184
282	282	service. 185
283	283	(16) "In-person, face-to-face" means interactions in which 186
284	284	the psychologist and the client or patient are in the same 187
285	285	physical space and does not include interactions that may occur 188
286	286	through the use of telecommunication technologies. 189
287	287	(17) "Interjurisdictional Practice Certificate (IPC)" 190
288	288	means the certificate issued by the Association of State and 191
289	289	Provincial Psychology Boards which grants temporary authority to 192
290	290	practice based on notification to the state psychology 193
291	291	regulatory authority of one's intention to practice temporarily, 194
292	292	and verification of one's qualifications for such practice. 195
293	293	(18) "License" means authorization by a state psychology 196
294	294	regulatory authority to engage in the independent practice of 197
295	295	psychology, which would be unlawful without the authorization. 198
296	296	(19) "Noncompact state" means a state that is not a 199
297	297	compact state. 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(20) "Psychologist" means an individual who is licensed by 201
311	311	a state psychology regulatory authority to independently 202
312	312	practice psychology in that state. 203
313	313	(21) "Psychology Interjurisdictional Compact Commission," 204
314	314	also referred to as "commission," means the national 205
315	315	administration of which all compact states are members. 206
316	316	(22) "Receiving state" means a compact state where the 207
317	317	client or patient is physically located when the 208
318	318	telepsychological services are delivered. 209
319	319	(23) "Rule" means a written statement by the Psycholo gy 210
320	320	Interjurisdictional Compact Commission promulgated pursuant to 211
321	321	article XI of the compact which is of general applicability; 212
322	322	implements, interprets, or prescribes a policy or provision of 213
323	323	the compact; or is an organizational, procedural, or practice 214
324	324	requirement of the commission; and has the force and effect of 215
325	325	statutory law in a compact state, and includes the amendment, 216
326	326	repeal, or suspension of an existing rule. 217
327	327	(24) "Significant investigatory information" means: 218
328	328	(a) Investigative information that a state psychology 219
329	329	regulatory authority, after a preliminary inquiry that includes 220
330	330	notification and an opportunity to respond if required by state 221
331	331	law, has reason to believe, if proven true, would indicate a 222
332	332	violation of state statute or rule that would be considered more 223
333	333	substantial than a minor infraction; or 224
334	334	(b) Investigative information that indicates that the 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	psychologist represents an immediate threat to public health and 226
348	348	safety regardless of whether the psychologist has been notified 227
349	349	or had an opportunity to respond. 228
350	350	(25) "State" means a state, commonwealth, territory, or 229
351	351	possession of the United States, or the District of Columbia. 230
352	352	(26) "State psychology regulatory authority" means the 231
353	353	board, office, or other agency with the legislative mandate to 232
354	354	license and regulate the practice of psychology in that state. 233
355	355	(27) "Telepsychology" means the provision of psychological 234
356	356	services using telecommunication technologies. 235
357	357	(28) "Temporary authorization to practice" means a 236
358	358	licensed psychologist's auth ority to conduct temporary in -237
359	359	person, face-to-face practice, within the limits authorized 238
360	360	under this compact, in another compact state. 239
361	361	(29) "Temporary in-person, face-to-face practice" means 240
362	362	when a psychologist is physically present, not through the use 241
363	363	of telecommunication technologies, in the distant state to 242
364	364	provide psychological services for up to 30 days within a 243
365	365	calendar year and based on notification to the distant state. 244
366	366	245
367	367	ARTICLE III 246
368	368	HOME STATE LICENSURE 247
369	369	(1) The home state is a compact state wh ere a psychologist 248
370	370	is licensed to practice psychology. 249
371	371	(2) A psychologist may hold one or more compact state 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	licenses at a time. If the psychologist is licensed in more than 251
385	385	one compact state, the home state is the compact state where the 252
386	386	psychologist is physically present when the services are 253
387	387	delivered as authorized by the authority to practice 254
388	388	interjurisdictional telepsychology under the terms of this 255
389	389	compact. 256
390	390	(3) A compact state may require a psychologist who is not 257
391	391	previously licensed in a compact state to obtain and retain a 258
392	392	license to be authorized to practice in the compact state under 259
393	393	circumstances that are not authorized by the authority to 260
394	394	practice interjurisdictional telepsychology under the terms of 261
395	395	this compact. 262
396	396	(4) A compact state may re quire a psychologist to obtain 263
397	397	and retain a license to be authorized to practice in a compact 264
398	398	state under circumstances that are not authorized by a temporary 265
399	399	authorization to practice under the terms of this compact. 266
400	400	(5) A home state's license authorize s a psychologist to 267
401	401	practice in a receiving state under the authority to practice 268
402	402	interjurisdictional telepsychology only if the compact state: 269
403	403	(a) Currently requires the psychologist to hold an active 270
404	404	e-passport; 271
405	405	(b) Has a mechanism in place for receiving and 272
406	406	investigating complaints about licensed individuals; 273
407	407	(c) Notifies the commission, in compliance with the terms 274
408	408	herein, of any adverse action or significant investigatory 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	information regarding a licensed individual; 276
422	422	(d) Requires an identit y history summary of all applicants 277
423	423	at initial licensure, including the use of the results of 278
424	424	fingerprints or other biometric data checks compliant with the 279
425	425	requirements of the Federal Bureau of Investigation, or other 280
426	426	designee with similar authority, no l ater than 10 years after 281
427	427	activation of the compact; and 282
428	428	(e) Complies with the bylaws and rules of the commission. 283
429	429	(6) A home state's license grants a psychologist temporary 284
430	430	authorization to practice in a distant state only if the compact 285
431	431	state: 286
432	432	(a) Currently requires the psychologist to hold an active 287
433	433	IPC; 288
434	434	(b) Has a mechanism in place for receiving and 289
435	435	investigating complaints about licensed individuals; 290
436	436	(c) Notifies the commission, in compliance with the terms 291
437	437	herein, of any adverse action or sig nificant investigatory 292
438	438	information regarding a licensed individual; 293
439	439	(d) Requires an identity history summary of all applicants 294
440	440	at initial licensure, including the use of the results of 295
441	441	fingerprints or other biometric data checks compliant with the 296
442	442	requirements of the Federal Bureau of Investigation, or other 297
443	443	designee with similar authority, no later than 10 years after 298
444	444	activation of the compact; and 299
445	445	(e) Complies with the bylaws and rules of the commission. 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	301
459	459	ARTICLE IV 302
460	460	COMPACT PRIVILEGE TO PRACTICE TELEP SYCHOLOGY 303
461	461	(1) Compact states shall recognize the right of a 304
462	462	psychologist, licensed in a compact state in conformance with 305
463	463	article III, to practice telepsychology in other compact states, 306
464	464	or receiving states, in which the psychologist is not licensed, 307
465	465	under the authority to practice interjurisdictional 308
466	466	telepsychology as provided in the compact. 309
467	467	(2) To exercise the authority to practice 310
468	468	interjurisdictional telepsychology in a receiving state under 311
469	469	the terms and provisions of this compact, a psychologist 312
470	470	licensed to practice in a compact state must: 313
471	471	(a) Hold a graduate degree in psychology from an 314
472	472	institution of higher education that was, at the time the degree 315
473	473	was awarded: 316
474	474	1. Regionally accredited by an accrediting body recognized 317
475	475	by the United States Department of Education to grant graduate 318
476	476	degrees, or authorized by Provincial Statute or Royal Charter to 319
477	477	grant doctoral degrees; or 320
478	478	2. A foreign college or university deemed to be equivalent 321
479	479	to subparagraph 1. by a foreign credential evaluation service 322
480	480	that is a member of the National Association of Credential 323
481	481	Evaluation Services or by a recognized foreign credential 324
482	482	evaluation service; 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	(b) Hold a graduate degree in psychology which meets the 326
496	496	following criteria: 327
497	497	1. The program, wherever it may be ad ministratively 328
498	498	housed, is clearly identified and labeled as a psychology 329
499	499	program. Such program must specify in pertinent institutional 330
500	500	catalogs and brochures its intent to educate and train 331
501	501	professional psychologists; 332
502	502	2. The psychology program stands as a recognizable and 333
503	503	coherent organizational entity within the institution; 334
504	504	3. There is a clear authority and primary responsibility 335
505	505	for the core and specialty areas regardless of whether the 336
506	506	program overlaps across administrative lines; 337
507	507	4. The program consists of an integrated, organized 338
508	508	sequence of study; 339
509	509	5. There is an identifiable psychology faculty sufficient 340
510	510	in size and breadth to carry out its responsibilities; 341
511	511	6. The designated director of the program is a 342
512	512	psychologist and a member of the core faculty; 343
513	513	7. The program has an identifiable body of students who 344
514	514	are matriculated in that program for a degree; 345
515	515	8. The program includes supervised practicum, internship, 346
516	516	or field training appropriate to the practice of psychology; 347
517	517	9. The curriculum encompasses a minimum of 3 academic 348
518	518	years of full-time graduate study for doctoral degrees and a 349
519	519	minimum of 1 academic year of full -time graduate study for 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
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532	532	master's degrees; and 351
533	533	10. The program includes an acceptable residency as 352
534	534	defined by the rules of the commission; 353
535	535	(c) Possess a current, full, and unrestricted license to 354
536	536	practice psychology in a home state that is a compact state; 355
537	537	(d) Have no history of adverse actions that violate the 356
538	538	rules of the commission; 357
539	539	(e) Have no criminal history report ed on an identity 358
540	540	history summary which violates the rules of the commission; 359
541	541	(f) Possess a current, active e -passport; 360
542	542	(g) Provide attestations in regard to areas of intended 361
543	543	practice, conformity with standards of practice, competence in 362
544	544	telepsychology technology, criminal background, and knowledge 363
545	545	and adherence to legal requirements in the home and receiving 364
546	546	states, and provide a release of information to allow for 365
547	547	primary source verification in a manner specified by the 366
548	548	commission; and 367
549	549	(h) Meet other criteria as defined by the rules of the 368
550	550	commission. 369
551	551	(3) The home state maintains authority over the license of 370
552	552	any psychologist practicing in a receiving state under the 371
553	553	authority to practice interjurisdictional telepsychology. 372
554	554	(4) A psychologist pr acticing in a receiving state under 373
555	555	the authority to practice interjurisdictional telepsychology 374
556	556	will be subject to the receiving state's scope of practice. A 375
557	557
558	558	HB 953 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0953-00
564	564	Page 16 of 55
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	receiving state may, in accordance with that state's due process 376
570	570	law, limit or revoke a psycholog ist's authority to practice 377
571	571	interjurisdictional telepsychology in the receiving state and 378
572	572	may take any other necessary actions under the receiving state's 379
573	573	applicable law to protect the health and safety of the receiving 380
574	574	state's citizens. If a receiving sta te takes action, the state 381
575	575	shall promptly notify the home state and the commission. 382
576	576	(5) If a psychologist's license in any home state or 383
577	577	another compact state or any authority to practice 384
578	578	interjurisdictional telepsychology in any receiving state is 385
579	579	restricted, suspended, or otherwise limited, the e -passport must 386
580	580	be revoked and the psychologist is not eligible to practice 387
581	581	telepsychology in a compact state under the authority to 388
582	582	practice interjurisdictional telepsychology. 389
583	583	390
584	584	ARTICLE V 391
585	585	COMPACT TEMPORARY AUTHO RIZATION TO PRACTICE 392
586	586	(1) Compact states shall recognize the right of a 393
587	587	psychologist licensed in a compact state in conformance with 394
588	588	article III to practice temporarily in other compact states, or 395
589	589	distant states, in which the psychologist is not licensed, as 396
590	590	provided in the compact. 397
591	591	(2) To exercise the temporary authorization to practice in 398
592	592	distant states under the terms and provisions of this compact, a 399
593	593	psychologist licensed to practice in a compact state must: 400
594	594
595	595	HB 953 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0953-00
601	601	Page 17 of 55
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	(a) Hold a graduate degree in psychology from an 401
607	607	institution of higher education that was, at the time the degree 402
608	608	was awarded: 403
609	609	1. Regionally accredited by an accrediting body recognized 404
610	610	by the U.S. Department of Education to grant graduate degrees, 405
611	611	or authorized by Provincial Statute or Royal Charter to grant 406
612	612	doctoral degrees; or 407
613	613	2. A foreign college or university deemed to be equivalent 408
614	614	to subparagraph 1. above by a foreign credential evaluation 409
615	615	service that is a member of the National Association of 410
616	616	Credential Evaluation Services or by a re cognized foreign 411
617	617	credential evaluation service; 412
618	618	(b) Hold a graduate degree in psychology that meets the 413
619	619	following criteria: 414
620	620	1. The program, wherever it may be administratively 415
621	621	housed, is clearly identified and labeled as a psychology 416
622	622	program. Such program must specify in pertinent institutional 417
623	623	catalogs and brochures its intent to educate and train 418
624	624	professional psychologists; 419
625	625	2. The psychology program stands as a recognizable and 420
626	626	coherent organizational entity within the institution; 421
627	627	3. There is a clear authority and primary responsibility 422
628	628	for the core and specialty areas regardless of whether the 423
629	629	program overlaps across administrative lines; 424
630	630	4. The program consists of an integrated, organized 425
631	631
632	632	HB 953 2022
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0953-00
638	638	Page 18 of 55
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	sequence of study; 426
644	644	5. There is an identifiable psycho logy faculty sufficient 427
645	645	in size and breadth to carry out its responsibilities; 428
646	646	6. The designated director of the program is a 429
647	647	psychologist and a member of the core faculty; 430
648	648	7. The program has an identifiable body of students who 431
649	649	are matriculated in tha t program for a degree; 432
650	650	8. The program includes supervised practicum, internship, 433
651	651	or field training appropriate to the practice of psychology; 434
652	652	9. The curriculum encompasses a minimum of 3 academic 435
653	653	years of full-time graduate study for doctoral degrees and a 436
654	654	minimum of 1 academic year of full -time graduate study for 437
655	655	master's degrees; and 438
656	656	10. The program includes an acceptable residency as 439
657	657	defined by the rules of the commission; 440
658	658	(c) Possess a current, full, and unrestricted license to 441
659	659	practice psychology in a home state that is a compact state; 442
660	660	(d) Have no history of adverse actions that violate the 443
661	661	rules of the commission; 444
662	662	(e) Have no criminal history that violates the rules of 445
663	663	the commission; 446
664	664	(f) Possess a current, active IPC; 447
665	665	(g) Provide attestations in regard to areas of intended 448
666	666	practice and work experience, and provide a release of 449
667	667	information to allow for primary source verification in a manner 450
668	668
669	669	HB 953 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0953-00
675	675	Page 19 of 55
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	specified by the commission; and 451
681	681	(h) Meet other criteria as defined by the rules of th e 452
682	682	commission. 453
683	683	(3) A psychologist practicing in a distant state under a 454
684	684	temporary authorization to practice shall practice within the 455
685	685	scope of practice authorized by the distant state. 456
686	686	(4) A psychologist practicing in a distant state under a 457
687	687	temporary authorization to practice will be subject to the 458
688	688	distant state's authority and law. A distant state may, in 459
689	689	accordance with that state's due process law, limit or revoke a 460
690	690	psychologist's temporary authorization to practice in the 461
691	691	distant state and may take any other necessary actions under the 462
692	692	distant state's applicable law to protect the health and safety 463
693	693	of the distant state's citizens. If a distant state takes 464
694	694	action, the state shall promptly notify the home state and the 465
695	695	commission. 466
696	696	(5) If a psychologi st's license in any home state or 467
697	697	another compact state or temporary authorization to practice in 468
698	698	any distant state is restricted, suspended, or otherwise 469
699	699	limited, the IPC shall be revoked and the psychologist is not 470
700	700	eligible to practice in a compact state under the temporary 471
701	701	authorization to practice. 472
702	702	473
703	703	ARTICLE VI 474
704	704	CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE 475
705	705
706	706	HB 953 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0953-00
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	A psychologist may practice in a receiving state under the 476
718	718	authority to practice interjurisdictional telepsychology only in 477
719	719	the performance of the scope of practice for psychology as 478
720	720	defined by an appropriate state psychology regulatory authority, 479
721	721	as defined in the rules of the commission, and under the 480
722	722	following circumstances: 481
723	723	(1) The psychologist initiates a client or patient contact 482
724	724	in a home state via telecommunication technologies with a client 483
725	725	or patient in a receiving state; and 484
726	726	(2) Other conditions regarding telepsychology as 485
727	727	determined by rules promulgated by the commission. 486
728	728	487
729	729	ARTICLE VII 488
730	730	ADVERSE ACTIONS 489
731	731	(1) A home state may take adverse action against a 490
732	732	psychologist's license issued by the home state. A distant state 491
733	733	shall have the power to take adverse action on a psychologist's 492
734	734	temporary authorization to practice within that distant state. 493
735	735	(2) A receiving state may take a dverse action on a 494
736	736	psychologist's authority to practice interjurisdictional 495
737	737	telepsychology within that receiving state. A home state may 496
738	738	take adverse action against a psychologist based on an adverse 497
739	739	action taken by a distant state regarding temporary in -person, 498
740	740	face-to-face practice. 499
741	741	(3) If a home state takes adverse action against a 500
742	742
743	743	HB 953 2022
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0953-00
749	749	Page 21 of 55
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	psychologist's license, that psychologist's authority to 501
755	755	practice interjurisdictional telepsychology is terminated and 502
756	756	the e-passport is revoked. Furthermore, that psycholog ist's 503
757	757	temporary authorization to practice is terminated and the IPC is 504
758	758	revoked. 505
759	759	(a) All home state disciplinary orders that take adverse 506
760	760	action shall be reported to the commission in accordance with 507
761	761	the rules promulgated by the commission. A compact stat e shall 508
762	762	report adverse actions in accordance with the rules of the 509
763	763	commission. 510
764	764	(b) In the event that discipline is reported on a 511
765	765	psychologist, the psychologist will not be eligible for 512
766	766	telepsychology or temporary in -person, face-to-face practice in 513
767	767	accordance with the rules of the commission. 514
768	768	(c) Other actions may be imposed as determined by the 515
769	769	rules promulgated by the commission. 516
770	770	(4) A home state's psychology regulatory authority shall 517
771	771	investigate and take appropriate action with respect to reported 518
772	772	inappropriate conduct engaged in by a licensee which occurred in 519
773	773	a receiving state in the same manner as it would if such conduct 520
774	774	had occurred by a licensee within the home state. In such cases, 521
775	775	the home state's law shall control in determining any advers e 522
776	776	action against a psychologist's license. 523
777	777	(5) A distant state's psychology regulatory authority 524
778	778	shall investigate and take appropriate action with respect to 525
779	779
780	780	HB 953 2022
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0953-00
786	786	Page 22 of 55
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	reported inappropriate conduct engaged in by a psychologist 526
792	792	practicing under temporary authoriz ation to practice which 527
793	793	occurred in that distant state in the same manner as it would if 528
794	794	such conduct had occurred by a licensee within the home state. 529
795	795	In such cases, the distant state's law shall control in 530
796	796	determining any adverse action against a psychol ogist's 531
797	797	temporary authorization to practice. 532
798	798	(6) Nothing in this compact shall override a compact 533
799	799	state's decision that a psychologist's participation in an 534
800	800	alternative program may be used in lieu of adverse action and 535
801	801	that such participation shall remai n nonpublic if required by 536
802	802	the compact state's law. Compact states must require 537
803	803	psychologists who enter any alternative programs to not provide 538
804	804	telepsychology services under the authority to practice 539
805	805	interjurisdictional telepsychology or temporary psycholo gical 540
806	806	services under the temporary authorization to practice in any 541
807	807	other compact state during the term of the alternative program. 542
808	808	(7) Other judicial or administrative remedies will not be 543
809	809	available to a psychologist in the event a compact state takes 544
810	810	adverse action pursuant to subsection (3). 545
811	811	546
812	812	ARTICLE VIII 547
813	813	ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY 548
814	814	REGULATORY AUTHORITY 549
815	815	(1) In addition to any other powers granted under state 550
816	816
817	817	HB 953 2022
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0953-00
823	823	Page 23 of 55
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	law, a compact state's psychology regulatory authority s hall 551
829	829	have the authority under this compact to: 552
830	830	(a) Issue subpoenas, for both hearings and investigations, 553
831	831	which require the attendance and testimony of witnesses and the 554
832	832	production of evidence. Subpoenas issued by a compact state's 555
833	833	psychology regulatory authority for the attendance and testimony 556
834	834	of witnesses, or the production of evidence from another compact 557
835	835	state, shall be enforced in the latter state by any court of 558
836	836	competent jurisdiction, according to that court's practice and 559
837	837	procedure in considering subpoenas issued in its own 560
838	838	proceedings. The issuing state psychology regulatory authority 561
839	839	shall pay any witness fees, travel expenses, mileage, and other 562
840	840	fees required by the service statutes of the state where the 563
841	841	witnesses or evidence are located; and 564
842	842	(b) Issue cease and desist or injunctive relief orders to 565
843	843	revoke a psychologist's authority to practice 566
844	844	interjurisdictional telepsychology or temporary authorization to 567
845	845	practice. 568
846	846	(2) During the course of any investigation, a psychologist 569
847	847	may not change his or her home state licensure. A home state 570
848	848	psychology regulatory authority is authorized to complete any 571
849	849	pending investigations of a psychologist and to take any actions 572
850	850	appropriate under its law. The home state psychology regulatory 573
851	851	authority shall promptly report the conclusions of such 574
852	852	investigations to the commission. Once an investigation has been 575
853	853
854	854	HB 953 2022
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0953-00
860	860	Page 24 of 55
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	completed, and pending the outcome of such investigation, the 576
866	866	psychologist may change his or her home state licensure. The 577
867	867	commission shall promptly noti fy the new home state of any such 578
868	868	decisions as provided in the rules of the commission. All 579
869	869	information provided to the commission or distributed by compact 580
870	870	states related to the psychologist shall be confidential, filed 581
871	871	under seal, and used for investigat ory or disciplinary matters. 582
872	872	The commission may create additional rules for mandated or 583
873	873	discretionary sharing of information by compact states. 584
874	874	585
875	875	ARTICLE IX 586
876	876	COORDINATED LICENSURE INFORMATION SYSTEM 587
877	877	(1) The commission shall provide for the development and 588
878	878	maintenance of a Coordinated Licensure Information System and a 589
879	879	reporting system containing licensure and disciplinary action 590
880	880	information on all psychologists to whom this compact is 591
881	881	applicable in all compact states as defined by the rules of the 592
882	882	commission. 593
883	883	(2) Notwithstanding any other provision of state law to 594
884	884	the contrary, a compact state shall submit a uniform data set to 595
885	885	the coordinated database on all licensees as required by the 596
886	886	rules of the commission, including: 597
887	887	(a) Identifying information; 598
888	888	(b) Licensure data; 599
889	889	(c) Significant investigatory information; 600
890	890
891	891	HB 953 2022
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0953-00
897	897	Page 25 of 55
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	(d) Adverse actions against a psychologist's license; 601
903	903	(e) An indicator that a psychologist's authority to 602
904	904	practice interjurisdictional telepsychology or temporary 603
905	905	authorization to practic e is revoked; 604
906	906	(f) Nonconfidential information related to alternative 605
907	907	program participation information; 606
908	908	(g) Any denial of application for licensure, and the 607
909	909	reasons for such denial; and 608
910	910	(h) Other information that may facilitate the 609
911	911	administration of this compact, as determined by the rules of 610
912	912	the commission. 611
913	913	(3) The coordinated database administrator shall promptly 612
914	914	notify all compact states of any adverse action taken against, 613
915	915	or significant investigatory information on, any licensee in a 614
916	916	compact state. 615
917	917	(4) Compact states reporting information to the 616
918	918	coordinated database may designate information that may not be 617
919	919	shared with the public without the express permission of the 618
920	920	compact state reporting the information. 619
921	921	(5) Any information submitted to t he coordinated database 620
922	922	which is subsequently required to be expunged by the law of the 621
923	923	compact state reporting the information shall be removed from 622
924	924	the coordinated database. 623
925	925	624
926	926	ARTICLE X 625
927	927
928	928	HB 953 2022
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0953-00
934	934	Page 26 of 55
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT 626
940	940	COMMISSION 627
941	941	(1) COMMISSION CREATED. —The compact states hereby create 628
942	942	and establish a joint public agency known as the Psychology 629
943	943	Interjurisdictional Compact Commission. 630
944	944	(a) The commission is a body politic and an 631
945	945	instrumentality of the compact states. 632
946	946	(b) Venue is proper and judicial proceedings by or against 633
947	947	the commission shall be brought solely and exclusively in a 634
948	948	court of competent jurisdiction where the principal office of 635
949	949	the commission is located. The commission may waive venue and 636
950	950	jurisdictional defenses to the extent that it adopts or consents 637
951	951	to participate in alternative dispute resolution proceedings. 638
952	952	(c) Nothing in this compact shall be construed to be a 639
953	953	waiver of sovereign immunity. 640
954	954	(2) MEMBERSHIP, VOTING, AND MEETINGS. — 641
955	955	(a) The commission shall consist of one voting 642
956	956	representative appointed by each compact state who shall serve 643
957	957	as that state's commissioner. The state psychology regulatory 644
958	958	authority shall appoint its delegate. This delegate shall be 645
959	959	empowered to act on behalf of the compa ct state. This delegate 646
960	960	shall be limited to: 647
961	961	1. The executive director, the executive secretary, or a 648
962	962	similar executive of the compact state's psychology regulatory 649
963	963	authority; 650
964	964
965	965	HB 953 2022
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0953-00
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972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	2. A current member of the state psychology regulatory 651
977	977	authority of a compac t state; or 652
978	978	3. A designee empowered with the appropriate delegate 653
979	979	authority to act on behalf of the compact state. 654
980	980	(b) A commissioner may be removed or suspended from office 655
981	981	as provided by the law of the state from which the commissioner 656
982	982	is appointed. Any vacancy occurring in the commission shall be 657
983	983	filled in accordance with the laws of the compact state in which 658
984	984	the vacancy exists. 659
985	985	(c) Each commissioner shall be entitled to one vote with 660
986	986	regard to the promulgation of rules and creation of bylaws and 661
987	987	shall otherwise have an opportunity to participate in the 662
988	988	business and affairs of the commission. A commissioner shall 663
989	989	vote in person or by such other means as provided in the bylaws. 664
990	990	The bylaws may provide for commissioners' participation in 665
991	991	meetings by telephone or other means of communication. 666
992	992	(d) The commission shall meet at least once during each 667
993	993	calendar year. Additional meetings shall be held as set forth in 668
994	994	the bylaws. 669
995	995	(e) All meetings shall be open to the public, and public 670
996	996	notice of meetings s hall be given in the same manner as required 671
997	997	under the rulemaking provisions in article XI. 672
998	998	(f) The commission may convene in a closed, nonpublic 673
999	999	meeting if the commission must discuss: 674
1000	1000	1. Noncompliance of a compact state with its obligations 675
1001	1001
1002	1002	HB 953 2022
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	under the compact; 676
1014	1014	2. Employment, compensation, or discipline of or other 677
1015	1015	personnel matters, practices, or procedures related to specific 678
1016	1016	employees, or other matters related to the commission's internal 679
1017	1017	personnel practices and procedures; 680
1018	1018	3. Current, threatened , or reasonably anticipated 681
1019	1019	litigation against the commission; 682
1020	1020	4. Negotiation of contracts for the purchase or sale of 683
1021	1021	goods, services, or real estate; 684
1022	1022	5. An accusation of any person of a crime or a formal 685
1023	1023	censure of any person; 686
1024	1024	6. Information disclo sing trade secrets or commercial or 687
1025	1025	financial information which is privileged or confidential; 688
1026	1026	7. Information of a personal nature where disclosure would 689
1027	1027	constitute a clearly unwarranted invasion of personal privacy; 690
1028	1028	8. Investigatory records compiled f or law enforcement 691
1029	1029	purposes; 692
1030	1030	9. Information related to any investigatory reports 693
1031	1031	prepared by or on behalf of or for use of the commission or 694
1032	1032	other committee charged with responsibility for investigation or 695
1033	1033	determination of compliance issues pursuant to t he compact; or 696
1034	1034	10. Matters specifically exempted from disclosure by 697
1035	1035	federal or state statute. 698
1036	1036	(g) If a meeting, or portion of a meeting, is closed 699
1037	1037	pursuant to this subsection, the commission's legal counsel or 700
1038	1038
1039	1039	HB 953 2022
1040	1040
1041	1041
1042	1042
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1044	1044	hb0953-00
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	designee shall certify that the meeting ma y be closed and shall 701
1051	1051	reference each relevant exempting provision. The commission 702
1052	1052	shall keep minutes that fully and clearly describe all matters 703
1053	1053	discussed in a meeting and shall provide a full and accurate 704
1054	1054	summary of actions taken, of any person participat ing in the 705
1055	1055	meeting, and the reasons therefor, including a description of 706
1056	1056	the views expressed. All documents considered in connection with 707
1057	1057	an action shall be identified in such minutes. All minutes and 708
1058	1058	documents of a closed meeting shall remain under seal, subject 709
1059	1059	to release only by a majority vote of the commission or order of 710
1060	1060	a court of competent jurisdiction. 711
1061	1061	(3) BYLAWS.— 712
1062	1062	(a) The commission shall, by a majority vote of the 713
1063	1063	commissioners, prescribe bylaws or rules to govern its conduct 714
1064	1064	as may be necessary or appropriate to carry out the purposes and 715
1065	1065	exercise the powers of the compact, including, but not limited 716
1066	1066	to: 717
1067	1067	1. Establishing the fiscal year of the commission; 718
1068	1068	2. Providing reasonable standards and procedures: 719
1069	1069	a. For the establishment and meet ings of other committees; 720
1070	1070	and 721
1071	1071	b. Governing any general or specific delegation of any 722
1072	1072	authority or function of the commission; 723
1073	1073	3. Providing reasonable procedures for calling and 724
1074	1074	conducting meetings of the commission, ensuring reasonable 725
1075	1075
1076	1076	HB 953 2022
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb0953-00
1082	1082	Page 30 of 55
1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	advance notice of all meetings, and providing an opportunity for 726
1088	1088	attendance of such meetings by interested parties, with 727
1089	1089	enumerated exceptions designed to protect the public's interest, 728
1090	1090	the privacy of individuals involved in such proceedings, and 729
1091	1091	proprietary information, including trade secrets. The commission 730
1092	1092	may meet in closed session only after a majority of the 731
1093	1093	commissioners vote to close a meeting to the public in whole or 732
1094	1094	in part. As soon as practicable, the commission must make public 733
1095	1095	a copy of the vote to close th e meeting which reveals the vote 734
1096	1096	of each commissioner with no proxy votes allowed; 735
1097	1097	4. Establishing the titles, duties and authority, and 736
1098	1098	reasonable procedures for the election of the officers of the 737
1099	1099	commission; 738
1100	1100	5. Providing reasonable standards and pro cedures for the 739
1101	1101	establishment of the personnel policies and programs of the 740
1102	1102	commission. Notwithstanding any civil service or other similar 741
1103	1103	law of any compact state, the bylaws shall exclusively govern 742
1104	1104	the personnel policies and programs of the commission; 743
1105	1105	6. Promulgating a code of ethics to address permissible 744
1106	1106	and prohibited activities of commission members and employees; 745
1107	1107	and 746
1108	1108	7. Providing a mechanism for concluding the operations of 747
1109	1109	the commission and the equitable disposition of any surplus 748
1110	1110	funds that may exist after the termination of the compact after 749
1111	1111	the payment or reserving of all of its debts and obligations. 750
1112	1112
1113	1113	HB 953 2022
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb0953-00
1119	1119	Page 31 of 55
1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	(b) The commission shall publish its bylaws in a 751
1125	1125	convenient form and file a copy thereof, and a copy of any 752
1126	1126	amendment thereto, with the app ropriate agency or officer in 753
1127	1127	each of the compact states. 754
1128	1128	(c) The commission shall maintain its financial records in 755
1129	1129	accordance with the bylaws. 756
1130	1130	(d) The commission shall meet and take such actions as are 757
1131	1131	consistent with the provisions of this compact a nd the bylaws. 758
1132	1132	(4) POWERS.—The commission has the power to: 759
1133	1133	(a) Promulgate uniform rules to facilitate and coordinate 760
1134	1134	implementation and administration of this compact. The rules 761
1135	1135	shall have the force and effect of law and shall be binding in 762
1136	1136	all compact states; 763
1137	1137	(b) Bring and prosecute legal proceedings or actions in 764
1138	1138	the name of the commission, provided that the standing of any 765
1139	1139	state psychology regulatory authority or other regulatory body 766
1140	1140	responsible for psychology licensure to sue or be sued under 767
1141	1141	applicable law is not affected; 768
1142	1142	(c) Purchase and maintain insurance and bonds; 769
1143	1143	(d) Borrow, accept, or contract for services of personnel, 770
1144	1144	including, but not limited to, employees of a compact state; 771
1145	1145	(e) Hire employees, elect or appoint officers, fix 772
1146	1146	compensation, define duties, grant such individuals appropriate 773
1147	1147	authority to carry out the purposes of the compact, and 774
1148	1148	establish the commission's personnel policies and programs 775
1149	1149
1150	1150	HB 953 2022
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb0953-00
1156	1156	Page 32 of 55
1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	relating to conflicts of interest, qualifications of personnel, 776
1162	1162	and other related personnel matters; 777
1163	1163	(f) Accept any and all appropriate donations and grants of 778
1164	1164	money, equipment, supplies, materials and services, and to 779
1165	1165	receive, utilize and dispose of the same; provided that at all 780
1166	1166	times the commission shall strive to avoid any appe arance of 781
1167	1167	impropriety or conflict of interest; 782
1168	1168	(g) Lease, purchase, accept appropriate gifts or donations 783
1169	1169	of, or otherwise to own, hold, improve, or use, any property, 784
1170	1170	real, personal, or mixed; provided that at all times the 785
1171	1171	commission shall strive to av oid any appearance of impropriety 786
1172	1172	or conflict of interest; 787
1173	1173	(h) Sell, convey, mortgage, pledge, lease, exchange, 788
1174	1174	abandon, or otherwise dispose of any property, real, personal, 789
1175	1175	or mixed; 790
1176	1176	(i) Establish a budget and make expenditures; 791
1177	1177	(j) Borrow money; 792
1178	1178	(k) Appoint committees, including advisory committees 793
1179	1179	consisting of commission members, state regulators, state 794
1180	1180	legislators or their representatives, and consumer 795
1181	1181	representatives, and such other interested persons as may be 796
1182	1182	designated in this compact and the bylaws; 797
1183	1183	(l) Provide and receive information from, and to cooperate 798
1184	1184	with, law enforcement agencies; 799
1185	1185	(m) Adopt and use an official seal; and 800
1186	1186
1187	1187	HB 953 2022
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
1192	1192	hb0953-00
1193	1193	Page 33 of 55
1194	1194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195	1195
1196	1196
1197	1197
1198	1198	(n) Perform such other functions as may be necessary or 801
1199	1199	appropriate to achieve the purposes of this compact consistent 802
1200	1200	with the state regulation of psychology licensure, temporary in -803
1201	1201	person, face-to-face practice, and telepsychology practice. 804
1202	1202	(5) EXECUTIVE BOARD. — 805
1203	1203	(a) The executive board shall have the power to act on 806
1204	1204	behalf of the commission according to t he terms of this compact, 807
1205	1205	and shall consist of the following six members: 808
1206	1206	1. Five voting members who are elected from the current 809
1207	1207	membership of the commission by the commission; and 810
1208	1208	2. One ex-officio, nonvoting member from the Association 811
1209	1209	of State and Provincial Psychology Boards. 812
1210	1210	(b) The ex-officio member must have served as staff for or 813
1211	1211	a member of a state psychology regulatory authority and shall be 814
1212	1212	selected by its respective organization. 815
1213	1213	(c) The commission may remove any member of the executive 816
1214	1214	board as provided in its bylaws. 817
1215	1215	(d) The executive board shall meet at least annually. 818
1216	1216	(e) The executive board shall have the following duties 819
1217	1217	and responsibilities: 820
1218	1218	1. Recommend to the entire commission changes to the rules 821
1219	1219	or bylaws, this compact legislation, or fees paid by compact 822
1220	1220	states, such as annual dues, and other applicable fees; 823
1221	1221	2. Ensure compact administration services are 824
1222	1222	appropriately provided, contractual or otherwise; 825
1223	1223
1224	1224	HB 953 2022
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb0953-00
1230	1230	Page 34 of 55
1231	1231	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232	1232
1233	1233
1234	1234
1235	1235	3. Prepare and recommend the budget; 826
1236	1236	4. Maintain financial re cords on behalf of the commission; 827
1237	1237	5. Monitor compact compliance of member states and provide 828
1238	1238	compliance reports to the commission; 829
1239	1239	6. Establish additional committees as necessary; and 830
1240	1240	7. Other duties as provided in rules or bylaws. 831
1241	1241	(6) FINANCING.— 832
1242	1242	(a) The commission shall pay, or provide for the payment 833
1243	1243	of, the reasonable expenses of its establishment, organization, 834
1244	1244	and ongoing activities. 835
1245	1245	(b) The commission may accept any and all appropriate 836
1246	1246	revenue sources, donations, and grants of money, equ ipment, 837
1247	1247	supplies, materials, and services. 838
1248	1248	(c) The commission may levy and collect an annual 839
1249	1249	assessment from each compact state or impose fees on other 840
1250	1250	parties to cover the cost of the operations and activities of 841
1251	1251	the commission and its staff which must be in a total amount 842
1252	1252	sufficient to cover its annual budget as approved each year for 843
1253	1253	which revenue is not provided by other sources. The aggregate 844
1254	1254	annual assessment amount shall be allocated based upon a formula 845
1255	1255	to be determined by the commission, which sh all promulgate a 846
1256	1256	rule binding upon all compact states. 847
1257	1257	(d) The commission may not incur obligations of any kind 848
1258	1258	before securing the funds adequate to meet the same; nor shall 849
1259	1259	the commission pledge the credit of any of the compact states, 850
1260	1260
1261	1261	HB 953 2022
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
1266	1266	hb0953-00
1267	1267	Page 35 of 55
1268	1268	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269	1269
1270	1270
1271	1271
1272	1272	except by and with the authority of the compact state. 851
1273	1273	(e) The commission shall keep accurate accounts of all 852
1274	1274	receipts and disbursements. The receipts and disbursements of 853
1275	1275	the commission shall be subject to the audit and accounting 854
1276	1276	procedures established under its bylaw s. However, all receipts 855
1277	1277	and disbursements of funds handled by the commission shall be 856
1278	1278	audited yearly by a certified or licensed public accountant and 857
1279	1279	the report of the audit shall be included in and become part of 858
1280	1280	the annual report of the commission. 859
1281	1281	(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 860
1282	1282	(a) The members, officers, executive director, employees, 861
1283	1283	and representatives of the commission shall be immune from suit 862
1284	1284	and liability, either personally or in their official capacity, 863
1285	1285	for any claim for damage to or loss of property or personal 864
1286	1286	injury or other civil liability caused by or arising out of any 865
1287	1287	actual or alleged act, error, or omission that occurred, or that 866
1288	1288	the person against whom the claim is made had a reasonable basis 867
1289	1289	for believing occurred, within the scope of commission 868
1290	1290	employment, duties, or responsibilities; provided that nothing 869
1291	1291	in this paragraph shall be construed to protect any such person 870
1292	1292	from suit or liability for any damage, loss, injury, or 871
1293	1293	liability caused by the intentional or willful or wanton 872
1294	1294	misconduct of that person. 873
1295	1295	(b) The commission shall defend any member, officer, 874
1296	1296	executive director, employee, or representative of the 875
1297	1297
1298	1298	HB 953 2022
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb0953-00
1304	1304	Page 36 of 55
1305	1305	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307
1308	1308
1309	1309	commission in any civil action seeking to impose liability 876
1310	1310	arising out of any actual or alleged a ct, error, or omission 877
1311	1311	that occurred within the scope of commission employment, duties, 878
1312	1312	or responsibilities, or that the person against whom the claim 879
1313	1313	is made had a reasonable basis for believing occurred within the 880
1314	1314	scope of commission employment, duties, or responsibilities; 881
1315	1315	provided that nothing herein may be construed to prohibit that 882
1316	1316	person from retaining his or her own counsel; and provided 883
1317	1317	further, that the actual or alleged act, error, or omission did 884
1318	1318	not result from that person's intentional or will ful or wanton 885
1319	1319	misconduct. 886
1320	1320	(c) The commission shall indemnify and hold harmless any 887
1321	1321	member, officer, executive director, employee, or representative 888
1322	1322	of the commission for the amount of any settlement or judgment 889
1323	1323	obtained against that person arising out of any actual or 890
1324	1324	alleged act, error, or omission that occurred within the scope 891
1325	1325	of commission employment, duties, or responsibilities, or that 892
1326	1326	such person had a reasonable basis for believing occurred within 893
1327	1327	the scope of commission employment, duties, or res ponsibilities; 894
1328	1328	provided that the actual or alleged act, error, or omission did 895
1329	1329	not result from the intentional or willful or wanton misconduct 896
1330	1330	of that person. 897
1331	1331	898
1332	1332	ARTICLE XI 899
1333	1333	RULEMAKING 900
1334	1334
1335	1335	HB 953 2022
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
1340	1340	hb0953-00
1341	1341	Page 37 of 55
1342	1342	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343	1343
1344	1344
1345	1345
1346	1346	(1) The commission shall exercise its rulemaking powers 901
1347	1347	pursuant to the criteria set forth in this article and the rules 902
1348	1348	adopted thereunder. Rules and amendments become binding as of 903
1349	1349	the date specified in each rule or amendment. 904
1350	1350	(2) If a majority of the legislatures of the compact 905
1351	1351	states reject a rule by enactment of a statu te or resolution in 906
1352	1352	the same manner used to adopt the compact, such rule shall have 907
1353	1353	no further force and effect in any compact state. 908
1354	1354	(3) Rules or amendments to the rules shall be adopted at a 909
1355	1355	regular or special meeting of the commission. 910
1356	1356	(4) Before promulgation and adoption of a final rule or 911
1357	1357	rules by the commission, and at least 60 days in advance of the 912
1358	1358	meeting at which the rule will be considered and voted upon, the 913
1359	1359	commission shall file a notice of proposed rulemaking: 914
1360	1360	(a) On the website of the c ommission; and 915
1361	1361	(b) On the website of each compact state's psychology 916
1362	1362	regulatory authority or the publication in which each state 917
1363	1363	would otherwise publish proposed rules. 918
1364	1364	(5) The notice of proposed rulemaking shall include: 919
1365	1365	(a) The proposed time, date, and location of the meeting 920
1366	1366	in which the rule will be considered and voted upon; 921
1367	1367	(b) The text of the proposed rule or amendment and the 922
1368	1368	reason for the proposed rule; 923
1369	1369	(c) A request for comments on the proposed rule from any 924
1370	1370	interested person; and 925
1371	1371
1372	1372	HB 953 2022
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
1377	1377	hb0953-00
1378	1378	Page 38 of 55
1379	1379	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1380	1380
1381	1381
1382	1382
1383	1383	(d) The manner in which interested persons may submit 926
1384	1384	notice to the commission of their intention to attend the public 927
1385	1385	hearing and any written comments. 928
1386	1386	(6) Before adoption of a proposed rule, the commission 929
1387	1387	shall allow persons to submit written data, facts , opinions, and 930
1388	1388	arguments, which shall be made available to the public. 931
1389	1389	(7) The commission shall grant an opportunity for a public 932
1390	1390	hearing before it adopts a rule or amendment if a hearing is 933
1391	1391	requested by: 934
1392	1392	(a) At least 25 individuals who submit comment s 935
1393	1393	independently of each other; 936
1394	1394	(b) A governmental subdivision or agency; or 937
1395	1395	(c) A duly appointed person in an association that has at 938
1396	1396	least 25 members. 939
1397	1397	(8) If a hearing is held on the proposed rule or 940
1398	1398	amendment, the commission shall publish the place , time, and 941
1399	1399	date of the scheduled public hearing. 942
1400	1400	(a) All individuals wishing to be heard at the hearing 943
1401	1401	shall notify the executive director of the commission or other 944
1402	1402	designated member in writing of their desire to appear and 945
1403	1403	testify at the hearing at l east 5 business days before the 946
1404	1404	scheduled date of the hearing. 947
1405	1405	(b) Hearings shall be conducted in a manner providing each 948
1406	1406	person who wishes to comment a fair and reasonable opportunity 949
1407	1407	to comment orally or in writing. 950
1408	1408
1409	1409	HB 953 2022
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb0953-00
1415	1415	Page 39 of 55
1416	1416	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1417	1417
1418	1418
1419	1419
1420	1420	(c) A transcript of the hearing is not required, unless a 951
1421	1421	written request for a transcript is made, in which case the 952
1422	1422	person requesting the transcript shall bear the cost of 953
1423	1423	producing the transcript. A recording may be made in lieu of a 954
1424	1424	transcript under the same terms and conditions as a t ranscript. 955
1425	1425	This subsection does not preclude the commission from making a 956
1426	1426	transcript or recording of the hearing if it so chooses. 957
1427	1427	(d) Nothing in this section shall be construed as 958
1428	1428	requiring a separate hearing on each rule. Rules may be grouped 959
1429	1429	for the convenience of the commission at hearings required by 960
1430	1430	this section. 961
1431	1431	(9) If a written notice of intent to attend the public 962
1432	1432	hearing by interested parties is not received, the commission 963
1433	1433	may proceed with promulgation of the proposed rule without a 964
1434	1434	public hearing. 965
1435	1435	(10) Following the scheduled hearing date, or by the close 966
1436	1436	of business on the scheduled hearing date if the hearing was not 967
1437	1437	held, the commission shall consider all written and oral 968
1438	1438	comments received. 969
1439	1439	(11) The commission shall, by majority vote o f all 970
1440	1440	members, take final action on the proposed rule and shall 971
1441	1441	determine the effective date of the rule based on the rulemaking 972
1442	1442	record and the full text of the rule. 973
1443	1443	(12) Upon determination that an emergency exists, the 974
1444	1444	commission may consider and adopt an emergency rule without 975
1445	1445
1446	1446	HB 953 2022
1447	1447
1448	1448
1449	1449
1450	1450	CODING: Words stricken are deletions; words underlined are additions.
1451	1451	hb0953-00
1452	1452	Page 40 of 55
1453	1453	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1454	1454
1455	1455
1456	1456
1457	1457	prior notice, opportunity for comment, or hearing, provided that 976
1458	1458	the usual rulemaking procedures provided in the compact and in 977
1459	1459	this section shall be retroactively applied to the rule as soon 978
1460	1460	as reasonably possible, but no later than 90 days after the 979
1461	1461	effective date of the rule. For the purposes of this subsection, 980
1462	1462	an emergency rule is one that must be adopted immediately in 981
1463	1463	order to: 982
1464	1464	(a) Meet an imminent threat to public health, safety, or 983
1465	1465	welfare; 984
1466	1466	(b) Prevent a loss of commi ssion or compact state funds; 985
1467	1467	(c) Meet a deadline for the promulgation of an 986
1468	1468	administrative rule that is established by federal law or rule; 987
1469	1469	or 988
1470	1470	(d) Protect public health and safety. 989
1471	1471	(13) The commission or an authorized committee of the 990
1472	1472	commission may direct revisions to a previously adopted rule or 991
1473	1473	amendment for purposes of correcting typographical errors, 992
1474	1474	errors in format, errors in consistency, or grammatical errors. 993
1475	1475	Public notice of any revisions shall be posted on the website of 994
1476	1476	the commission. The revision shall be subject to challenge by 995
1477	1477	any person for a period of 30 days after posting. The revision 996
1478	1478	may be challenged only on grounds that the revision results in a 997
1479	1479	material change to a rule. A challenge shall be made in writing 998
1480	1480	and delivered to the chair of the commission before the end of 999
1481	1481	the notice period. If a challenge is not made, the revision will 1000
1482	1482
1483	1483	HB 953 2022
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
1488	1488	hb0953-00
1489	1489	Page 41 of 55
1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492
1493	1493
1494	1494	take effect without further action. If the revision is 1001
1495	1495	challenged, the revision may not take effect without the 1002
1496	1496	approval of the commission. 1003
1497	1497	1004
1498	1498	ARTICLE XII 1005
1499	1499	OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 1006
1500	1500	DISPUTE RESOLUTION; AND ENFORCEMENT 1007
1501	1501	(1) OVERSIGHT.— 1008
1502	1502	(a) The executive, legislative, and judicial branches of 1009
1503	1503	state government in each compact state shall enforce this 1010
1504	1504	compact and take all actions necessary and appropriate to 1011
1505	1505	effectuate the compact's purposes and intent. The provisions of 1012
1506	1506	this compact and the rules promulgated hereunder shall have 1013
1507	1507	standing as statutory law. 1014
1508	1508	(b) All courts shall take judicial notice of the compact 1015
1509	1509	and the rules in any judicial or administrative proceeding in a 1016
1510	1510	compact state pertaining to the subject matter of this compact 1017
1511	1511	which may affect the powers, responsibilities, or actions of the 1018
1512	1512	commission. 1019
1513	1513	(c) The commission shall be entitled to receive service of 1020
1514	1514	process in any such proceeding, and shall have standing to 1021
1515	1515	intervene in such a proceeding for all purposes. Failure to 1022
1516	1516	provide service of process to the commission shall render a 1023
1517	1517	judgment or order void as to the commission, this compact, or 1024
1518	1518	promulgated rules. 1025
1519	1519
1520	1520	HB 953 2022
1521	1521
1522	1522
1523	1523
1524	1524	CODING: Words stricken are deletions; words underlined are additions.
1525	1525	hb0953-00
1526	1526	Page 42 of 55
1527	1527	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1528	1528
1529	1529
1530	1530
1531	1531	(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 1026
1532	1532	(a) If the commission determines that a compact state has 1027
1533	1533	defaulted in the performance of its obligations or 1028
1534	1534	responsibilities under this compact or the promulgated rules, 1029
1535	1535	the commission shall: 1030
1536	1536	1. Provide written notice to the defaulting state and 1031
1537	1537	other compact states of the nature of the default, the proposed 1032
1538	1538	means of remedying the default, and any other action to be taken 1033
1539	1539	by the commission; and 1034
1540	1540	2. Provide remedial training and specific technical 1035
1541	1541	assistance regarding the default. 1036
1542	1542	(b) If a state in default fails to remedy the default, the 1037
1543	1543	defaulting state may be terminated from the compact upon an 1038
1544	1544	affirmative vote of a ma jority of the compact states, and all 1039
1545	1545	rights, privileges, and benefits conferred by this compact shall 1040
1546	1546	be terminated on the effective date of termination. A remedy of 1041
1547	1547	the default does not relieve the offending state of obligations 1042
1548	1548	or liabilities incurred d uring the period of default. 1043
1549	1549	(c) Termination of membership in the compact shall be 1044
1550	1550	imposed only after all other means of securing compliance have 1045
1551	1551	been exhausted. The commission shall submit a notice of intent 1046
1552	1552	to suspend or terminate a defaulting compact state to the 1047
1553	1553	state's governor, the majority and minority leaders of the 1048
1554	1554	state's legislature, and each of the compact states. 1049
1555	1555	(d) A compact state that has been terminated is 1050
1556	1556
1557	1557	HB 953 2022
1558	1558
1559	1559
1560	1560
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1564	1564	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1565	1565
1566	1566
1567	1567
1568	1568	responsible for all assessments, obligations, and liabilities 1051
1569	1569	incurred through the effective date of termination, including 1052
1570	1570	obligations that extend beyond the effective date of 1053
1571	1571	termination. 1054
1572	1572	(e) The commission may not bear any costs incurred by the 1055
1573	1573	state that is found to be in default or has been terminated from 1056
1574	1574	the compact, unless ag reed upon in writing between the 1057
1575	1575	commission and the defaulting state. 1058
1576	1576	(f) The defaulting state may appeal the action of the 1059
1577	1577	commission by petitioning the United States District Court for 1060
1578	1578	the state of Georgia or the federal district where the compact 1061
1579	1579	has its principal offices. The prevailing party shall be awarded 1062
1580	1580	all costs of such litigation, including reasonable attorney 1063
1581	1581	fees. 1064
1582	1582	(3) DISPUTE RESOLUTION. — 1065
1583	1583	(a) Upon request by a compact state, the commission shall 1066
1584	1584	attempt to resolve disputes related to th e compact which arise 1067
1585	1585	among compact states and between compact and noncompact states. 1068
1586	1586	(b) The commission shall promulgate a rule providing for 1069
1587	1587	both mediation and binding dispute resolution for disputes that 1070
1588	1588	arise before the commission. 1071
1589	1589	(4) ENFORCEMENT.— 1072
1590	1590	(a) The commission, in the reasonable exercise of its 1073
1591	1591	discretion, shall enforce the provisions and rules of this 1074
1592	1592	compact. 1075
1593	1593
1594	1594	HB 953 2022
1595	1595
1596	1596
1597	1597
1598	1598	CODING: Words stricken are deletions; words underlined are additions.
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1601	1601	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1602	1602
1603	1603
1604	1604
1605	1605	(b) By majority vote, the commission may initiate legal 1076
1606	1606	action in the United States District Court for the state of 1077
1607	1607	Georgia or the federal district where the compact has its 1078
1608	1608	principal offices against a compact state in default to enforce 1079
1609	1609	compliance with the provisions of the compact and its 1080
1610	1610	promulgated rules and bylaws. The relief sought may include both 1081
1611	1611	injunctive relief and damag es. In the event judicial enforcement 1082
1612	1612	is necessary, the prevailing party shall be awarded all costs of 1083
1613	1613	such litigation, including reasonable attorney fees. 1084
1614	1614	(c) The remedies herein are not the exclusive remedies of 1085
1615	1615	the commission. The commission may pursu e any other remedies 1086
1616	1616	available under federal or state law. 1087
1617	1617	1088
1618	1618	ARTICLE XIII 1089
1619	1619	DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL 1090
1620	1620	COMPACT COMMISSION AND ASSOCIATED RULES; WITHDRAWAL, AND 1091
1621	1621	AMENDMENTS 1092
1622	1622	(1) The compact shall become effective on the date o n 1093
1623	1623	which the compact is enacted into law in the seventh compact 1094
1624	1624	state. The provisions that become effective at that time shall 1095
1625	1625	be limited to the powers granted to the commission relating to 1096
1626	1626	assembly and the promulgation of rules. Thereafter, the 1097
1627	1627	commission shall meet and exercise rulemaking powers necessary 1098
1628	1628	to the implementation and administration of the compact. 1099
1629	1629	(2) Any state that joins the compact subsequent to the 1100
1630	1630
1631	1631	HB 953 2022
1632	1632
1633	1633
1634	1634
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1638	1638	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1639	1639
1640	1640
1641	1641
1642	1642	commission's initial adoption of the rules shall be subject to 1101
1643	1643	the rules as they exist on the date on which the compact becomes 1102
1644	1644	law in that state. Any rule that has been previously adopted by 1103
1645	1645	the commission shall have the full force and effect of law on 1104
1646	1646	the day the compact becomes law in that state. 1105
1647	1647	(3) Any compact state may withdraw from thi s compact by 1106
1648	1648	enacting a statute repealing the same. 1107
1649	1649	(a) A compact state's withdrawal does not take effect 1108
1650	1650	until 6 months after enactment of the repealing statute. 1109
1651	1651	(b) Withdrawal does not affect the continuing requirement 1110
1652	1652	of the withdrawing state's psy chology regulatory authority to 1111
1653	1653	comply with the investigative and adverse action reporting 1112
1654	1654	requirements of this act before the effective date of 1113
1655	1655	withdrawal. 1114
1656	1656	(4) Nothing contained in this compact shall be construed 1115
1657	1657	to invalidate or prevent any psychology licensure agreement or 1116
1658	1658	other cooperative arrangement between a compact state and a 1117
1659	1659	noncompact state which does not conflict with the provisions of 1118
1660	1660	this compact. 1119
1661	1661	(5) This compact may be amended by the compact states. An 1120
1662	1662	amendment to this compact will not become effective and binding 1121
1663	1663	upon any compact state until it is enacted into the law of all 1122
1664	1664	compact states. 1123
1665	1665	1124
1666	1666	ARTICLE XIV 1125
1667	1667
1668	1668	HB 953 2022
1669	1669
1670	1670
1671	1671
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1675	1675	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1676	1676
1677	1677
1678	1678
1679	1679	CONSTRUCTION AND SEVERABILITY 1126
1680	1680	This compact shall be liberally construed so as to 1127
1681	1681	effectuate the purposes thereof. If this compact shal l be held 1128
1682	1682	contrary to the constitution of any state member thereto, the 1129
1683	1683	compact shall remain in full force and effect as to the 1130
1684	1684	remaining compact states. 1131
1685	1685	Section 2. Subsection (10) of section 456.073, Florida 1132
1686	1686	Statutes, is amended to read: 1133
1687	1687	456.073 Disciplinary proceedings. —Disciplinary proceedings 1134
1688	1688	for each board shall be within the jurisdiction of the 1135
1689	1689	department. 1136
1690	1690	(10) The complaint and all information obtained pursuant 1137
1691	1691	to the investigation by the department are confidential and 1138
1692	1692	exempt from s. 119.07( 1) until 10 days after probable cause has 1139
1693	1693	been found to exist by the probable cause panel or by the 1140
1694	1694	department, or until the regulated professional or subject of 1141
1695	1695	the investigation waives his or her privilege of 1142
1696	1696	confidentiality, whichever occurs first. The department shall 1143
1697	1697	report any significant investigation information relating to a 1144
1698	1698	nurse holding a multistate license to the coordinated licensure 1145
1699	1699	information system pursuant to s. 464.0095 , and any significant 1146
1700	1700	investigatory information relating to a psycholo gist practicing 1147
1701	1701	under the Psychology Interjurisdictional Compact to the 1148
1702	1702	coordinated licensure information system pursuant to s. 1149
1703	1703	490.0075. Upon completion of the investigation and a 1150
1704	1704
1705	1705	HB 953 2022
1706	1706
1707	1707
1708	1708
1709	1709	CODING: Words stricken are deletions; words underlined are additions.
1710	1710	hb0953-00
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1712	1712	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1713	1713
1714	1714
1715	1715
1716	1716	recommendation by the department to find probable cause, and 1151
1717	1717	pursuant to a written request by the subject or the subject's 1152
1718	1718	attorney, the department shall provide the subject an 1153
1719	1719	opportunity to inspect the investigative file or, at the 1154
1720	1720	subject's expense, forward to the subject a copy of the 1155
1721	1721	investigative file. Notwithstanding s. 45 6.057, the subject may 1156
1722	1722	inspect or receive a copy of any expert witness report or 1157
1723	1723	patient record connected with the investigation if the subject 1158
1724	1724	agrees in writing to maintain the confidentiality of any 1159
1725	1725	information received under this subsection until 10 day s after 1160
1726	1726	probable cause is found and to maintain the confidentiality of 1161
1727	1727	patient records pursuant to s. 456.057. The subject may file a 1162
1728	1728	written response to the information contained in the 1163
1729	1729	investigative file. Such response must be filed within 20 days 1164
1730	1730	of mailing by the department, unless an extension of time has 1165
1731	1731	been granted by the department. This subsection does not 1166
1732	1732	prohibit the department from providing such information to any 1167
1733	1733	law enforcement agency or to any other regulatory agency. 1168
1734	1734	Section 3. Subsection (5) of section 456.076, Florida 1169
1735	1735	Statutes, is amended to read: 1170
1736	1736	456.076 Impaired practitioner programs. — 1171
1737	1737	(5) A consultant shall enter into a participant contract 1172
1738	1738	with an impaired practitioner and shall establish the terms of 1173
1739	1739	monitoring and shall incl ude the terms in a participant 1174
1740	1740	contract. In establishing the terms of monitoring, the 1175
1741	1741
1742	1742	HB 953 2022
1743	1743
1744	1744
1745	1745
1746	1746	CODING: Words stricken are deletions; words underlined are additions.
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1749	1749	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1750	1750
1751	1751
1752	1752
1753	1753	consultant may consider the recommendations of one or more 1176
1754	1754	approved evaluators, treatment programs, or treatment providers. 1177
1755	1755	A consultant may modify the terms of monitorin g if the 1178
1756	1756	consultant concludes, through the course of monitoring, that 1179
1757	1757	extended, additional, or amended terms of monitoring are 1180
1758	1758	required for the protection of the health, safety, and welfare 1181
1759	1759	of the public. If the impaired practitioner is a psychologist 1182
1760	1760	practicing under the Psychology Interjurisdictional Compact 1183
1761	1761	pursuant to s. 490.0075, the terms of the monitoring contract 1184
1762	1762	must include the impaired practitioner's withdrawal from all 1185
1763	1763	practice under the compact. 1186
1764	1764	Section 4. Subsection (7) is added to section 490.004, 1187
1765	1765	Florida Statutes, to read: 1188
1766	1766	490.004 Board of Psychology. — 1189
1767	1767	(7) The board shall appoint an individual to serve as the 1190
1768	1768	state's commissioner on the Psychology Interjurisdictional 1191
1769	1769	Compact Commission, as required under s. 490.0075. 1192
1770	1770	Section 5. Subsection (4) is added to section 490.005, 1193
1771	1771	Florida Statutes, to read: 1194
1772	1772	490.005 Licensure by examination. — 1195
1773	1773	(4) A person licensed as a psychologist in another state 1196
1774	1774	who is practicing pursuant to the Psychology Interjurisdictional 1197
1775	1775	Compact under s. 490.0075, and only within the scope provided 1198
1776	1776	therein, is exempt from the licensure requirements of this 1199
1777	1777	section. 1200
1778	1778
1779	1779	HB 953 2022
1780	1780
1781	1781
1782	1782
1783	1783	CODING: Words stricken are deletions; words underlined are additions.
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1786	1786	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1787	1787
1788	1788
1789	1789
1790	1790	Section 6. Subsection (4) is added to section 490.006, 1201
1791	1791	Florida Statutes, to read: 1202
1792	1792	490.006 Licensure by endorsement. — 1203
1793	1793	(4) A person licensed as a psychologist in another state 1204
1794	1794	who is practicing pursuant to the Psychology Interjurisdictional 1205
1795	1795	Compact under s. 490.0075, and only within the scope provided 1206
1796	1796	therein, is exempt from the licensure requirements of this 1207
1797	1797	section. 1208
1798	1798	Section 7. Section 490.009, Florida Statutes, is amended 1209
1799	1799	to read: 1210
1800	1800	490.009 Discipline. — 1211
1801	1801	(1) The following acts constitute grounds for denial of a 1212
1802	1802	license or disciplinary action, as specified in s. 456.072(2) or 1213
1803	1803	s. 490.0075: 1214
1804	1804	(a) Attempting to obtain, obtaining, or renewing a lic ense 1215
1805	1805	under this chapter by bribery or fraudulent misrepresentation or 1216
1806	1806	through an error of the board or department. 1217
1807	1807	(b) Having a license to practice a comparable profession 1218
1808	1808	revoked, suspended, or otherwise acted against, including the 1219
1809	1809	denial of certificat ion or licensure by another state, 1220
1810	1810	territory, or country. 1221
1811	1811	(c) Being convicted or found guilty, regardless of 1222
1812	1812	adjudication, of a crime in any jurisdiction which directly 1223
1813	1813	relates to the practice of his or her profession or the ability 1224
1814	1814	to practice his or he r profession. A plea of nolo contendere 1225
1815	1815
1816	1816	HB 953 2022
1817	1817
1818	1818
1819	1819
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1823	1823	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1824	1824
1825	1825
1826	1826
1827	1827	creates a rebuttable presumption of guilt of the underlying 1226
1828	1828	criminal charges. However, the board shall allow the person who 1227
1829	1829	is the subject of the disciplinary proceeding to present any 1228
1830	1830	evidence relevant to the underl ying charges and circumstances 1229
1831	1831	surrounding the plea. 1230
1832	1832	(d) False, deceptive, or misleading advertising or 1231
1833	1833	obtaining a fee or other thing of value on the representation 1232
1834	1834	that beneficial results from any treatment will be guaranteed. 1233
1835	1835	(e) Advertising, practicing, or attempting to practice 1234
1836	1836	under a name other than one's own. 1235
1837	1837	(f) Maintaining a professional association with any person 1236
1838	1838	who the applicant or licensee knows, or has reason to believe, 1237
1839	1839	is in violation of this chapter or of a rule of the departm ent 1238
1840	1840	or, in the case of psychologists, of the department or the 1239
1841	1841	board. 1240
1842	1842	(g) Knowingly aiding, assisting, procuring, or advising 1241
1843	1843	any nonlicensed person to hold himself or herself out as 1242
1844	1844	licensed under this chapter. 1243
1845	1845	(h) Failing to perform any statutory or legal obligation 1244
1846	1846	placed upon a person licensed under this chapter. 1245
1847	1847	(i) Willfully making or filing a false report or record; 1246
1848	1848	failing to file a report or record required by state or federal 1247
1849	1849	law; willfully impeding or obstructing the filing of a report or 1248
1850	1850	record; or inducing another person to make or file a false 1249
1851	1851	report or record or to impede or obstruct the filing of a report 1250
1852	1852
1853	1853	HB 953 2022
1854	1854
1855	1855
1856	1856
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1860	1860	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1861	1861
1862	1862
1863	1863
1864	1864	or record. Such report or record includes only a report or 1251
1865	1865	record which requires the signature of a person licensed under 1252
1866	1866	this chapter. 1253
1867	1867	(j) Paying a kickback, rebate, bonus, or other 1254
1868	1868	remuneration for receiving a patient or client, or receiving a 1255
1869	1869	kickback, rebate, bonus, or other remuneration for referring a 1256
1870	1870	patient or client to another provider of mental health care 1257
1871	1871	services or to a provider of health care services or goods; 1258
1872	1872	referring a patient or client to oneself for services on a fee -1259
1873	1873	paid basis when those services are already being paid for by 1260
1874	1874	some other public or private entity; or entering into a 1261
1875	1875	reciprocal referral agreement. 1262
1876	1876	(k) Committing any act upon a patient or client which 1263
1877	1877	would constitute sexual battery or which would constitute sexual 1264
1878	1878	misconduct as defined in s. 490.0111. 1265
1879	1879	(l) Making misleading, deceptive, untrue, or fraudulent 1266
1880	1880	representations in the practice of any pro fession licensed under 1267
1881	1881	this chapter. 1268
1882	1882	(m) Soliciting patients or clients personally, or through 1269
1883	1883	an agent, through the use of fraud, intimidation, undue 1270
1884	1884	influence, or a form of overreaching or vexatious conduct. 1271
1885	1885	(n) Failing to make available to a patient or client, upon 1272
1886	1886	written request, copies of test results, reports, or documents 1273
1887	1887	in the possession or under the control of the licensee which 1274
1888	1888	have been prepared for and paid for by the patient or client. 1275
1889	1889
1890	1890	HB 953 2022
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1892	1892
1893	1893
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1897	1897	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1898	1898
1899	1899
1900	1900
1901	1901	(o) Failing to respond within 30 days to a written 1276
1902	1902	communication from the department concerning any investigation 1277
1903	1903	by the department or to make available any relevant records with 1278
1904	1904	respect to any investigation about the licensee's conduct or 1279
1905	1905	background. 1280
1906	1906	(p) Being unable to practice the profession for which he 1281
1907	1907	or she is licensed under this chapter with reasonable skill or 1282
1908	1908	competence as a result of any mental or physical condition or by 1283
1909	1909	reason of illness; drunkenness; or excessive use of drugs, 1284
1910	1910	narcotics, chemicals, or any other substance. In enforcing this 1285
1911	1911	paragraph, upon a finding by the State Surgeon General, the 1286
1912	1912	State Surgeon General's designee, or the board that probable 1287
1913	1913	cause exists to believe that the licensee is unable to practice 1288
1914	1914	the profession because of the reasons stated in this paragraph, 1289
1915	1915	the department shall have the authority to compel a licensee to 1290
1916	1916	submit to a mental or physical examination by psychologists or 1291
1917	1917	physicians designated by the department or board. If the 1292
1918	1918	licensee refuses to comply with the department's order, the 1293
1919	1919	department may file a petition for enforcement in the circuit 1294
1920	1920	court of the circuit in which the licensee resides or does 1295
1921	1921	business. The licensee may shall not be named or identified by 1296
1922	1922	initials in the petition or in any other public court records or 1297
1923	1923	documents, and the enforcement proceedings shall be closed to 1298
1924	1924	the public. The department shall be entitled to the summary 1299
1925	1925	procedure provided in s. 51.011. A lic ensee affected under this 1300
1926	1926
1927	1927	HB 953 2022
1928	1928
1929	1929
1930	1930
1931	1931	CODING: Words stricken are deletions; words underlined are additions.
1932	1932	hb0953-00
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1934	1934	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1935	1935
1936	1936
1937	1937
1938	1938	paragraph shall be afforded an opportunity at reasonable 1301
1939	1939	intervals to demonstrate that he or she can resume the competent 1302
1940	1940	practice for which he or she is licensed with reasonable skill 1303
1941	1941	and safety to patients. 1304
1942	1942	(q) Performing any treatment or prescribing any therapy 1305
1943	1943	which, by the prevailing standards of the mental health 1306
1944	1944	professions in the community, would constitute experimentation 1307
1945	1945	on human subjects, without first obtaining full, informed, and 1308
1946	1946	written consent. 1309
1947	1947	(r) Failing to meet the minimum standards of performance 1310
1948	1948	in professional activities when measured against generally 1311
1949	1949	prevailing peer performance, including the undertaking of 1312
1950	1950	activities for which the licensee is not qualified by training 1313
1951	1951	or experience. 1314
1952	1952	(s) Delegating profe ssional responsibilities to a person 1315
1953	1953	whom the licensee knows or has reason to know is not qualified 1316
1954	1954	by training or experience to perform such responsibilities. 1317
1955	1955	(t) Violating a rule relating to the regulation of the 1318
1956	1956	profession or a lawful order of the dep artment previously 1319
1957	1957	entered in a disciplinary hearing. 1320
1958	1958	(u) Failing to maintain in confidence a communication made 1321
1959	1959	by a patient or client in the context of such services, except 1322
1960	1960	as provided in s. 490.0147. 1323
1961	1961	(v) Making public statements which are derived f rom test 1324
1962	1962	data, client contacts, or behavioral research and which identify 1325
1963	1963
1964	1964	HB 953 2022
1965	1965
1966	1966
1967	1967
1968	1968	CODING: Words stricken are deletions; words underlined are additions.
1969	1969	hb0953-00
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1971	1971	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1972	1972
1973	1973
1974	1974
1975	1975	or damage research subjects or clients. 1326
1976	1976	(w) Violating any provision of this chapter or chapter 1327
1977	1977	456, or any rules adopted pursuant thereto. 1328
1978	1978	(2)(a) The department, or in the case o f psychologists, 1329
1979	1979	the board, may enter an order denying licensure or imposing any 1330
1980	1980	of the penalties in s. 456.072(2) against any applicant for 1331
1981	1981	licensure or licensee who is found guilty of violating any 1332
1982	1982	provision of subsection (1) of this section or who is fo und 1333
1983	1983	guilty of violating any provision of s. 456.072(1). 1334
1984	1984	(b) The board may take adverse action against a 1335
1985	1985	psychologist's authority to practice interjurisdictional 1336
1986	1986	telepsychology or his or her temporary authorization to practice 1337
1987	1987	under the Psychology Interju risdictional Compact pursuant to s. 1338
1988	1988	490.0075, and may impose any of the penalties in s. 456.072(2) 1339
1989	1989	if a psychologist commits an act specified in subsection (1) or 1340
1990	1990	s. 456.072(1). 1341
1991	1991	Section 8. Paragraph (h) is added to subsection (10) of 1342
1992	1992	section 768.28, Florida Statutes, to read: 1343
1993	1993	768.28 Waiver of sovereign immunity in tort actions; 1344
1994	1994	recovery limits; civil liability for damages caused during a 1345
1995	1995	riot; limitation on attorney fees; statute of limitations; 1346
1996	1996	exclusions; indemnification; risk management programs. — 1347
1997	1997	(10) 1348
1998	1998	(h) For purposes of this section, the individual appointed 1349
1999	1999	under s. 490.004(7) as the state's commissioner on the 1350
2000	2000
2001	2001	HB 953 2022
2002	2002
2003	2003
2004	2004
2005	2005	CODING: Words stricken are deletions; words underlined are additions.
2006	2006	hb0953-00
2007	2007	Page 55 of 55
2008	2008	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2009	2009
2010	2010
2011	2011
2012	2012	Psychology Interjurisdictional Compact Commission, when serving 1351
2013	2013	in that capacity pursuant to s. 490.0075, and any administrator, 1352
2014	2014	officer, executive director, employee, or representative of the 1353
2015	2015	Psychology Interjurisdictional Compact Commission, when acting 1354
2016	2016	within the scope of his or her employment, duties, or 1355
2017	2017	responsibilities in this state, is considered an agent of the 1356
2018	2018	state. The commission shall pay any claims or judgments pursuant 1357
2019	2019	to this section and may maintain insurance coverage to pay any 1358
2020	2020	such claims or judgments. 1359
2021	2021	Section 9. This act shall take effect July 1, 2022. 1360