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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
A bill to be entitled 1
An act relating to the Psychology Interjurisdictional 2
Compact; creating s. 490.0075, F.S.; creating the 3
Psychology Interjurisdictional Compact; providing 4
purposes and objectives; defining terms; providing for 5
recognition of psychologist licenses in compact 6
states; authorizing a compact state to require 7
licensure under certain circumstances; requiring 8
compact states to meet certain criteria to participate 9
in the compact; providing criteria that a psychologist 10
must satisfy to practice under the compact; 11
maintaining that authority over a psychologist's 12
license remains with the home state but authorizing 13
receiving states to define the scope of and act on a 14
psychologist's authority to practice in the compact 15
state under the compact; prohibiting a psychologist 16
from practicing under the compact if his or her 17
authority to do so has been acted on by any compact 18
state; requiring compact states to report adverse 19
actions they take against psychologists to the 20
Psychology Interjurisdictional Compact Commission; 21
requiring compact states to participate in a 22
coordinated licensure information system; providing 23
for the development of the system, reporting 24
procedures, and the exchange of certain information 25
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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
between compact states; establishing the Psychology 26
Interjurisdictional C ompact Commission; providing for 27
the jurisdiction and venue for court proceedings; 28
providing membership, duties, and powers; authorizing 29
the commission to adopt rules; providing rulemaking 30
procedures; providing for state enforcement of the 31
compact; providing for the termination of compact 32
membership; providing procedures for the resolution of 33
certain disputes; providing compact amendment 34
procedures; authorizing nonparty states to participate 35
in commission activities before adoption of the 36
compact; providing construction and severability; 37
amending s. 456.073, F.S.; requiring the Department of 38
Health to report certain investigative information to 39
the coordinated licensure information system; amending 40
s. 456.076, F.S.; requiring monitoring contracts for 41
impaired practitioners participating in treatment 42
programs to contain certain terms; amending s. 43
490.004, F.S.; requiring the Board of Psychology to 44
appoint an individual to serve as the state's 45
commissioner on the Psychology Interjurisdictional 46
Compact Commission; amending s. 490.005, F.S.; 47
exempting certain persons from licensure requirements; 48
amending s. 490.006, F.S.; exempting certain persons 49
from requirements for licensure by endorsement; 50
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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
amending s. 490.009, F.S.; authorizing certain 51
disciplinary action und er the compact for certain 52
prohibited acts; amending s. 768.28, F.S.; designating 53
the state commissioner and other members or employees 54
of the commission as state agents for the purpose of 55
applying sovereign immunity and waivers of sovereign 56
immunity; requiring the commission to pay certain 57
judgments or claims; authorizing the commission to 58
maintain insurance coverage to pay such judgments or 59
claims; providing an effective date. 60
61
WHEREAS, states license psychologists to protect the public 62
through verification of education, training, and experience and 63
to ensure accountability for professional practice, and 64
WHEREAS, this compact is intended to regulate the day -to-65
day practice of telepsychology, or the provision of 66
psychological services using telecommun ication technologies, by 67
psychologists across state boundaries in the performance of 68
their psychological practice as defined by an appropriate state 69
psychology regulatory authority, and 70
WHEREAS, this compact is intended to regulate the temporary 71
in-person, face-to-face practice of psychology by psychologists 72
across state boundaries for up to 30 days within a calendar year 73
in the performance of their psychological practice as defined by 74
an appropriate state psychology regulatory authority, and 75
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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
WHEREAS, this compact is intended to authorize state 76
psychology regulatory authorities to afford legal recognition, 77
in a manner consistent with the terms of the compact, to 78
psychologists licensed in another state, and 79
WHEREAS, this compact recognizes that states have a vested 80
interest in protecting the public's health and safety through 81
their licensing and regulation of psychologists and that such 82
state regulation will best protect public health and safety, and 83
WHEREAS, this compact does not apply when a psychologist is 84
licensed in both the home and receiving states, and 85
WHEREAS, while this compact does not apply to permanent in -86
person, face-to-face practice, it does allow for authorization 87
of temporary psychological practice, NOW, THEREFORE, 88
89
Be It Enacted by the Legislature of the State of Florida: 90
91
Section 1. Section 490.0075, Florida Statutes, is created 92
to read: 93
490.0075 Psychology Interjurisdictional Compact. —The 94
Psychology Interjurisdictional Compact is hereby enacted and 95
entered into by this state with all other jurisdictions legally 96
joining therein in the form substantially as follows: 97
98
PSYCHOLOGY INTERJURISDICTIONAL COMPACT 99
ARTICLE I 100
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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
PURPOSE 101
This compact is designed to achieve the following purposes 102
and objectives: 103
(1) Increase public access to pro fessional psychological 104
services by allowing for telepsychological practice across state 105
lines as well as temporary in -person, face-to-face services in a 106
state where the psychologist is not licensed to practice 107
psychology; 108
(2) Enhance the states' ability to protect the public's 109
health and safety, especially client or patient safety; 110
(3) Encourage the cooperation of compact states in the 111
areas of psychologist licensure and regulation; 112
(4) Facilitate the exchange of information between compact 113
states regarding psychologist licensure, adverse actions, and 114
disciplinary history; 115
(5) Promote compliance with the laws governing the 116
practice of psychology in each compact state; and 117
(6) Invest all compact states with the authority to hold 118
licensed psychologists accountable through the mutual 119
recognition of compact state licenses. 120
121
ARTICLE II 122
DEFINITIONS 123
As used in this compact, the term: 124
(1) "Adverse action" means any disciplinary action that is 125
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a matter of public record which is taken by a state's psychol ogy 126
regulatory authority against an individual's license to practice 127
psychology in that state. 128
(2) "Association of State and Provincial Psychology 129
Boards" means the membership organization composed of state and 130
provincial psychology regulatory authoritie s that are 131
responsible for the licensure and registration of psychologists 132
throughout the United States and Canada. 133
(3) "Authority to practice interjurisdictional 134
telepsychology" means a licensed psychologist's authority to 135
practice telepsychology, withi n the limits authorized under this 136
compact, in a compact state other than the one in which he or 137
she is licensed. 138
(4) "Bylaws" means those rules established by the 139
Psychology Interjurisdictional Compact Commission pursuant to 140
Article X for its governance , or for directing and controlling 141
its actions and conduct. 142
(5) "Client or patient" means the recipient of 143
psychological services, whether psychological services are 144
delivered in the context of health care, corporate, supervision, 145
or consulting services. 146
(6) "Commissioner" means the voting representative 147
appointed by each state psychology regulatory authority pursuant 148
to article X. 149
(7) "Compact state" means a state, the District of 150
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Columbia, or a United States territory that has enacted this 151
compact legislation and that has not withdrawn pursuant to 152
subsection (3) of article XIII or been terminated pursuant to 153
subsection (2) of article XII. 154
(8) "Confidentiality" means the principle that data or 155
information is not made available or disclosed to unauth orized 156
persons or processes. 157
(9) "Coordinated licensure information system," also 158
referred to as "coordinated database," means an integrated 159
process that is administered by the Association of State and 160
Provincial Psychology Boards for collecting, storing , and 161
sharing information on psychologists' licensure and enforcement 162
activities related to psychology licensure laws and the 163
Psychology Interjurisdictional Compact. 164
(10) "Day" means any part of a day in which the 165
psychologist practices psychology. 166
(11) "Distant state" means the compact state where a 167
psychologist is physically present, not through the use of 168
telecommunication technologies, to provide temporary in -person, 169
face-to-face psychological services. 170
(12) "E-passport" means a certificate issued by the 171
Association of State and Provincial Psychology Boards which 172
allows a licensed psychologist to provide telepsychological 173
services across state lines. 174
(13) "Executive board" means a group of directors elected 175
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or appointed to act on behalf of, and within the powers granted 176
to them by, the commission. 177
(14) "Home state" means a compact state where a 178
psychologist is licensed to practice psychology, as provided in 179
article III. 180
(15) "Identity history summary" means a summary of 181
information retained b y the Federal Bureau of Investigation, or 182
other designee with similar authority, in connection with 183
arrests and, in some instances, federal employment or military 184
service. 185
(16) "In-person, face-to-face" means interactions in which 186
the psychologist and th e client or patient are in the same 187
physical space and does not include interactions that may occur 188
through the use of telecommunication technologies. 189
(17) "Interjurisdictional Practice Certificate (IPC)" 190
means the certificate issued by the Association o f State and 191
Provincial Psychology Boards which grants temporary authority to 192
practice based on notification to the state psychology 193
regulatory authority of one's intention to practice temporarily, 194
and verification of one's qualifications for such practice. 195
(18) "License" means authorization by a state psychology 196
regulatory authority to engage in the independent practice of 197
psychology, which would be unlawful without the authorization. 198
(19) "Noncompact state" means a state that is not a 199
compact state. 200
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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
(20) "Psychologist" means an individual who is licensed by 201
a state psychology regulatory authority to independently 202
practice psychology in that state. 203
(21) "Psychology Interjurisdictional Compact Commission," 204
also referred to as "commission," means the n ational 205
administration of which all compact states are members. 206
(22) "Receiving state" means a compact state where the 207
client or patient is physically located when the 208
telepsychological services are delivered. 209
(23) "Rule" means a written statement by t he Psychology 210
Interjurisdictional Compact Commission promulgated pursuant to 211
article XI of the compact which is of general applicability; 212
implements, interprets, or prescribes a policy or provision of 213
the compact; or is an organizational, procedural, or pr actice 214
requirement of the commission; and has the force and effect of 215
statutory law in a compact state, and includes the amendment, 216
repeal, or suspension of an existing rule. 217
(24) "Significant investigatory information" means: 218
(a) Investigative information that a state psychology 219
regulatory authority, after a preliminary inquiry that includes 220
notification and an opportunity to respond if required by state 221
law, has reason to believe, if proven true, would indicate a 222
violation of state statute or r ule that would be considered more 223
substantial than a minor infraction; or 224
(b) Investigative information that indicates that the 225
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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
psychologist represents an immediate threat to public health and 226
safety regardless of whether the psychologist has been notifi ed 227
or had an opportunity to respond. 228
(25) "State" means a state, commonwealth, territory, or 229
possession of the United States, or the District of Columbia. 230
(26) "State psychology regulatory authority" means the 231
board, office, or other agency with the le gislative mandate to 232
license and regulate the practice of psychology in that state. 233
(27) "Telepsychology" means the provision of psychological 234
services using telecommunication technologies. 235
(28) "Temporary authorization to practice" means a 236
licensed psychologist's authority to conduct temporary in -237
person, face-to-face practice, within the limits authorized 238
under this compact, in another compact state. 239
(29) "Temporary in-person, face-to-face practice" means 240
when a psychologist is physically present, n ot through the use 241
of telecommunication technologies, in the distant state to 242
provide psychological services for up to 30 days within a 243
calendar year and based on notification to the distant state. 244
245
ARTICLE III 246
HOME STATE LICENSURE 247
(1) The home state is a compact state where a psychologist 248
is licensed to practice psychology. 249
(2) A psychologist may hold one or more compact state 250
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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
licenses at a time. If the psychologist is licensed in more than 251
one compact state, the home state is the compact state where t he 252
psychologist is physically present when the services are 253
delivered as authorized by the authority to practice 254
interjurisdictional telepsychology under the terms of this 255
compact. 256
(3) A compact state may require a psychologist who is not 257
previously licensed in a compact state to obtain and retain a 258
license to be authorized to practice in the compact state under 259
circumstances that are not authorized by the authority to 260
practice interjurisdictional telepsychology under the terms of 261
this compact. 262
(4) A compact state may require a psychologist to obtain 263
and retain a license to be authorized to practice in a compact 264
state under circumstances that are not authorized by a temporary 265
authorization to practice under the terms of this compact. 266
(5) A home state's license authorizes a psychologist to 267
practice in a receiving state under the authority to practice 268
interjurisdictional telepsychology only if the compact state: 269
(a) Currently requires the psychologist to hold an active 270
e-passport; 271
(b) Has a mechanism in place for receiving and 272
investigating complaints about licensed individuals; 273
(c) Notifies the commission, in compliance with the terms 274
herein, of any adverse action or significant investigatory 275
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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
information regarding a licensed individual; 276
(d) Requires an identity history summary of all applicants 277
at initial licensure, including the use of the results of 278
fingerprints or other biometric data checks compliant with the 279
requirements of the Federal Bureau of Investigation, or other 280
designee with similar au thority, no later than 10 years after 281
activation of the compact; and 282
(e) Complies with the bylaws and rules of the commission. 283
(6) A home state's license grants a psychologist temporary 284
authorization to practice in a distant state only if the compact 285
state: 286
(a) Currently requires the psychologist to hold an active 287
IPC; 288
(b) Has a mechanism in place for receiving and 289
investigating complaints about licensed individuals; 290
(c) Notifies the commission, in compliance with the terms 291
herein, of any adverse action or significant investigatory 292
information regarding a licensed individual; 293
(d) Requires an identity history summary of all applicants 294
at initial licensure, including the use of the results of 295
fingerprints or other biometric data checks compliant wi th the 296
requirements of the Federal Bureau of Investigation, or other 297
designee with similar authority, no later than 10 years after 298
activation of the compact; and 299
(e) Complies with the bylaws and rules of the commission. 300
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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
301
ARTICLE IV 302
COMPACT PRIVILEGE TO P RACTICE TELEPSYCHOLOGY 303
(1) Compact states shall recognize the right of a 304
psychologist, licensed in a compact state in conformance with 305
article III, to practice telepsychology in other compact states, 306
or receiving states, in which the psychologist is not licensed, 307
under the authority to practice interjurisdictional 308
telepsychology as provided in the compact. 309
(2) To exercise the authority to practice 310
interjurisdictional telepsychology in a receiving state under 311
the terms and provisions of this compact, a p sychologist 312
licensed to practice in a compact state must: 313
(a) Hold a graduate degree in psychology from an 314
institution of higher education that was, at the time the degree 315
was awarded: 316
1. Regionally accredited by an accrediting body recognized 317
by the United States Department of Education to grant graduate 318
degrees, or authorized by Provincial Statute or Royal Charter to 319
grant doctoral degrees; or 320
2. A foreign college or university deemed to be equivalent 321
to subparagraph 1. by a foreign credential evalu ation service 322
that is a member of the National Association of Credential 323
Evaluation Services or by a recognized foreign credential 324
evaluation service; 325
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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
(b) Hold a graduate degree in psychology which meets the 326
following criteria: 327
1. The program, wherever it may be administratively 328
housed, is clearly identified and labeled as a psychology 329
program. Such program must specify in pertinent institutional 330
catalogs and brochures its intent to educate and train 331
professional psychologists; 332
2. The psychology progr am stands as a recognizable and 333
coherent organizational entity within the institution; 334
3. There is a clear authority and primary responsibility 335
for the core and specialty areas regardless of whether the 336
program overlaps across administrative lines; 337
4. The program consists of an integrated, organized 338
sequence of study; 339
5. There is an identifiable psychology faculty sufficient 340
in size and breadth to carry out its responsibilities; 341
6. The designated director of the program is a 342
psychologist and a membe r of the core faculty; 343
7. The program has an identifiable body of students who 344
are matriculated in that program for a degree; 345
8. The program includes supervised practicum, internship, 346
or field training appropriate to the practice of psychology; 347
9. The curriculum encompasses a minimum of 3 academic 348
years of full-time graduate study for doctoral degrees and a 349
minimum of 1 academic year of full -time graduate study for 350
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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
master's degrees; and 351
10. The program includes an acceptable residency as 352
defined by the rules of the commission; 353
(c) Possess a current, full, and unrestricted license to 354
practice psychology in a home state that is a compact state; 355
(d) Have no history of adverse actions that violate the 356
rules of the commission; 357
(e) Have no criminal h istory reported on an identity 358
history summary which violates the rules of the commission; 359
(f) Possess a current, active e -passport; 360
(g) Provide attestations in regard to areas of intended 361
practice, conformity with standards of practice, competence in 362
telepsychology technology, criminal background, and knowledge 363
and adherence to legal requirements in the home and receiving 364
states, and provide a release of information to allow for 365
primary source verification in a manner specified by the 366
commission; and 367
(h) Meet other criteria as defined by the rules of the 368
commission. 369
(3) The home state maintains authority over the license of 370
any psychologist practicing in a receiving state under the 371
authority to practice interjurisdictional telepsychology. 372
(4) A psychologist practicing in a receiving state under 373
the authority to practice interjurisdictional telepsychology 374
will be subject to the receiving state's scope of practice. A 375
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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
receiving state may, in accordance with that state's due process 376
law, limit or revoke a psychologist's authority to practice 377
interjurisdictional telepsychology in the receiving state and 378
may take any other necessary actions under the receiving state's 379
applicable law to protect the health and safety of the receiving 380
state's citizens. If a receiving state takes action, the state 381
shall promptly notify the home state and the commission. 382
(5) If a psychologist's license in any home state or 383
another compact state or any authority to practice 384
interjurisdictional telepsychology in any receiving s tate is 385
restricted, suspended, or otherwise limited, the e -passport must 386
be revoked and the psychologist is not eligible to practice 387
telepsychology in a compact state under the authority to 388
practice interjurisdictional telepsychology. 389
390
ARTICLE V 391
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE 392
(1) Compact states shall recognize the right of a 393
psychologist licensed in a compact state in conformance with 394
article III to practice temporarily in other compact states, or 395
distant states, in which the psychologist is not licensed, as 396
provided in the compact. 397
(2) To exercise the temporary authorization to practice in 398
distant states under the terms and provisions of this compact, a 399
psychologist licensed to practice in a compact state must: 400
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(a) Hold a graduate degree in psychology from an 401
institution of higher education that was, at the time the degree 402
was awarded: 403
1. Regionally accredited by an accrediting body recognized 404
by the U.S. Department of Education to grant graduate degrees, 405
or authorized by Provincial Stat ute or Royal Charter to grant 406
doctoral degrees; or 407
2. A foreign college or university deemed to be equivalent 408
to subparagraph 1. above by a foreign credential evaluation 409
service that is a member of the National Association of 410
Credential Evaluation Servic es or by a recognized foreign 411
credential evaluation service; 412
(b) Hold a graduate degree in psychology that meets the 413
following criteria: 414
1. The program, wherever it may be administratively 415
housed, is clearly identified and labeled as a psychology 416
program. Such program must specify in pertinent institutional 417
catalogs and brochures its intent to educate and train 418
professional psychologists; 419
2. The psychology program stands as a recognizable and 420
coherent organizational entity within the institution; 421
3. There is a clear authority and primary responsibility 422
for the core and specialty areas regardless of whether the 423
program overlaps across administrative lines; 424
4. The program consists of an integrated, organized 425
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sequence of study; 426
5. There is an identi fiable psychology faculty sufficient 427
in size and breadth to carry out its responsibilities; 428
6. The designated director of the program is a 429
psychologist and a member of the core faculty; 430
7. The program has an identifiable body of students who 431
are matriculated in that program for a degree; 432
8. The program includes supervised practicum, internship, 433
or field training appropriate to the practice of psychology; 434
9. The curriculum encompasses a minimum of 3 academic 435
years of full-time graduate study for doct oral degrees and a 436
minimum of 1 academic year of full -time graduate study for 437
master's degrees; and 438
10. The program includes an acceptable residency as 439
defined by the rules of the commission; 440
(c) Possess a current, full, and unrestricted license to 441
practice psychology in a home state that is a compact state; 442
(d) Have no history of adverse actions that violate the 443
rules of the commission; 444
(e) Have no criminal history that violates the rules of 445
the commission; 446
(f) Possess a current, active IPC; 447
(g) Provide attestations in regard to areas of intended 448
practice and work experience, and provide a release of 449
information to allow for primary source verification in a manner 450
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specified by the commission; and 451
(h) Meet other criteria as defined by the ru les of the 452
commission. 453
(3) A psychologist practicing in a distant state under a 454
temporary authorization to practice shall practice within the 455
scope of practice authorized by the distant state. 456
(4) A psychologist practicing in a distant state under a 457
temporary authorization to practice will be subject to the 458
distant state's authority and law. A distant state may, in 459
accordance with that state's due process law, limit or revoke a 460
psychologist's temporary authorization to practice in the 461
distant state and may take any other necessary actions under the 462
distant state's applicable law to protect the health and safety 463
of the distant state's citizens. If a distant state takes 464
action, the state shall promptly notify the home state and the 465
commission. 466
(5) If a psychologist's license in any home state or 467
another compact state or temporary authorization to practice in 468
any distant state is restricted, suspended, or otherwise 469
limited, the IPC shall be revoked and the psychologist is not 470
eligible to practice in a comp act state under the temporary 471
authorization to practice. 472
473
ARTICLE VI 474
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE 475
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A psychologist may practice in a receiving state under the 476
authority to practice interjurisdictional telepsychology only in 477
the performance of the scope of practice for psychology as 478
defined by an appropriate state psychology regulatory authority, 479
as defined in the rules of the commission, and under the 480
following circumstances: 481
(1) The psychologist initiates a client or patient contact 482
in a home state via telecommunication technologies with a client 483
or patient in a receiving state; and 484
(2) Other conditions regarding telepsychology as 485
determined by rules promulgated by the commission. 486
487
ARTICLE VII 488
ADVERSE ACTIONS 489
(1) A home state may take adverse action against a 490
psychologist's license issued by the home state. A distant state 491
shall have the power to take adverse action on a psychologist's 492
temporary authorization to practice within that distant state. 493
(2) A receiving state ma y take adverse action on a 494
psychologist's authority to practice interjurisdictional 495
telepsychology within that receiving state. A home state may 496
take adverse action against a psychologist based on an adverse 497
action taken by a distant state regarding tempor ary in-person, 498
face-to-face practice. 499
(3) If a home state takes adverse action against a 500
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psychologist's license, that psychologist's authority to 501
practice interjurisdictional telepsychology is terminated and 502
the e-passport is revoked. Furthermore, that p sychologist's 503
temporary authorization to practice is terminated and the IPC is 504
revoked. 505
(a) All home state disciplinary orders that take adverse 506
action shall be reported to the commission in accordance with 507
the rules promulgated by the commission. A comp act state shall 508
report adverse actions in accordance with the rules of the 509
commission. 510
(b) In the event that discipline is reported on a 511
psychologist, the psychologist will not be eligible for 512
telepsychology or temporary in -person, face-to-face practice in 513
accordance with the rules of the commission. 514
(c) Other actions may be imposed as determined by the 515
rules promulgated by the commission. 516
(4) A home state's psychology regulatory authority shall 517
investigate and take appropriate action with respect to reported 518
inappropriate conduct engaged in by a licensee which occurred in 519
a receiving state in the same manner as it would if such conduct 520
had occurred by a licensee within the home state. In such cases, 521
the home state's law shall control in determining an y adverse 522
action against a psychologist's license. 523
(5) A distant state's psychology regulatory authority 524
shall investigate and take appropriate action with respect to 525
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reported inappropriate conduct engaged in by a psychologist 526
practicing under temporary authorization to practice which 527
occurred in that distant state in the same manner as it would if 528
such conduct had occurred by a licensee within the home state. 529
In such cases, the distant state's law shall control in 530
determining any adverse action against a psychologist's 531
temporary authorization to practice. 532
(6) Nothing in this compact shall override a compact 533
state's decision that a psychologist's participation in an 534
alternative program may be used in lieu of adverse action and 535
that such participation shall remain nonpublic if required by 536
the compact state's law. Compact states must require 537
psychologists who enter any alternative programs to not provide 538
telepsychology services under the authority to practice 539
interjurisdictional telepsychology or tempora ry psychological 540
services under the temporary authorization to practice in any 541
other compact state during the term of the alternative program. 542
(7) Other judicial or administrative remedies will not be 543
available to a psychologist in the event a compact state takes 544
adverse action pursuant to subsection (3). 545
546
ARTICLE VIII 547
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY 548
REGULATORY AUTHORITY 549
(1) In addition to any other powers granted under state 550
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law, a compact state's psychology regulatory authority shall 551
have the authority under this compact to: 552
(a) Issue subpoenas, for both hearings and investigations, 553
which require the attendance and testimony of witnesses and the 554
production of evidence. Subpoenas issued by a compact state's 555
psychology regulatory authority for the attendance and testimony 556
of witnesses, or the production of evidence from another compact 557
state, shall be enforced in the latter state by any court of 558
competent jurisdiction, according to that court's practice and 559
procedure in considering subpoenas issued in its own 560
proceedings. The issuing state psychology regulatory authority 561
shall pay any witness fees, travel expenses, mileage, and other 562
fees required by the service statutes of the state where the 563
witnesses or evidence are l ocated; and 564
(b) Issue cease and desist or injunctive relief orders to 565
revoke a psychologist's authority to practice 566
interjurisdictional telepsychology or temporary authorization to 567
practice. 568
(2) During the course of any investigation, a psychologist 569
may not change his or her home state licensure. A home state 570
psychology regulatory authority is authorized to complete any 571
pending investigations of a psychologist and to take any actions 572
appropriate under its law. The home state psychology regulatory 573
authority shall promptly report the conclusions of such 574
investigations to the commission. Once an investigation has been 575
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completed, and pending the outcome of such investigation, the 576
psychologist may change his or her home state licensure. The 577
commission shall promptly notify the new home state of any such 578
decisions as provided in the rules of the commission. All 579
information provided to the commission or distributed by compact 580
states related to the psychologist shall be confidential, filed 581
under seal, and used fo r investigatory or disciplinary matters. 582
The commission may create additional rules for mandated or 583
discretionary sharing of information by compact states. 584
585
ARTICLE IX 586
COORDINATED LICENSURE INFORMATION SYSTEM 587
(1) The commission shall provide for the deve lopment and 588
maintenance of a Coordinated Licensure Information System and a 589
reporting system containing licensure and disciplinary action 590
information on all psychologists to whom this compact is 591
applicable in all compact states as defined by the rules of t he 592
commission. 593
(2) Notwithstanding any other provision of state law to 594
the contrary, a compact state shall submit a uniform data set to 595
the coordinated database on all licensees as required by the 596
rules of the commission, including: 597
(a) Identifying inf ormation; 598
(b) Licensure data; 599
(c) Significant investigatory information; 600
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(d) Adverse actions against a psychologist's license; 601
(e) An indicator that a psychologist's authority to 602
practice interjurisdictional telepsychology or temporary 603
authorization to practice is revoked; 604
(f) Nonconfidential information related to alternative 605
program participation information; 606
(g) Any denial of application for licensure, and the 607
reasons for such denial; and 608
(h) Other information that may facilitate the 609
administration of this compact, as determined by the rules of 610
the commission. 611
(3) The coordinated database administrator shall promptly 612
notify all compact states of any adverse action taken against, 613
or significant investigatory information on, any licensee in a 614
compact state. 615
(4) Compact states reporting information to the 616
coordinated database may designate information that may not be 617
shared with the public without the express permission of the 618
compact state reporting the information. 619
(5) Any information su bmitted to the coordinated database 620
which is subsequently required to be expunged by the law of the 621
compact state reporting the information shall be removed from 622
the coordinated database. 623
624
ARTICLE X 625
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ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPA CT 626
COMMISSION 627
(1) COMMISSION CREATED. —The compact states hereby create 628
and establish a joint public agency known as the Psychology 629
Interjurisdictional Compact Commission. 630
(a) The commission is a body politic and an 631
instrumentality of the compact states. 632
(b) Venue is proper and judicial proceedings by or against 633
the commission shall be brought solely and exclusively in a 634
court of competent jurisdiction where the principal office of 635
the commission is located. The commission may waive venue and 636
jurisdictional defenses to the extent that it adopts or consents 637
to participate in alternative dispute resolution proceedings. 638
(c) This compact does not waive sovereign immunity except 639
to the extent sovereign immunity is waived in the party states. 640
(2) MEMBERSHIP, VOTING, AND MEETINGS. — 641
(a) The commission shall consist of one voting 642
representative appointed by each compact state who shall serve 643
as that state's commissioner. The state psychology regulatory 644
authority shall appoint its delegate. This delega te shall be 645
empowered to act on behalf of the compact state. This delegate 646
shall be limited to: 647
1. The executive director, the executive secretary, or a 648
similar executive of the compact state's psychology regulatory 649
authority; 650
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2. A current member of th e state psychology regulatory 651
authority of a compact state; or 652
3. A designee empowered with the appropriate delegate 653
authority to act on behalf of the compact state. 654
(b) A commissioner may be removed or suspended from office 655
as provided by the law of t he state from which the commissioner 656
is appointed. Any vacancy occurring in the commission shall be 657
filled in accordance with the laws of the compact state in which 658
the vacancy exists. 659
(c) Each commissioner shall be entitled to one vote with 660
regard to the promulgation of rules and creation of bylaws and 661
shall otherwise have an opportunity to participate in the 662
business and affairs of the commission. A commissioner shall 663
vote in person or by such other means as provided in the bylaws. 664
The bylaws may provid e for commissioners' participation in 665
meetings by telephone or other means of communication. 666
(d) The commission shall meet at least once during each 667
calendar year. Additional meetings shall be held as set forth in 668
the bylaws. 669
(e) All meetings shall be open to the public, and public 670
notice of meetings shall be given in the same manner as required 671
under the rulemaking provisions in article XI. 672
(f) The commission may convene in a closed, nonpublic 673
meeting if the commission must discuss: 674
1. Noncompliance of a compact state with its obligations 675
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under the compact; 676
2. Employment, compensation, or discipline of or other 677
personnel matters, practices, or procedures related to specific 678
employees, or other matters related to the commission's internal 679
personnel practices and procedures; 680
3. Current, threatened, or reasonably anticipated 681
litigation against the commission; 682
4. Negotiation of contracts for the purchase or sale of 683
goods, services, or real estate; 684
5. An accusation of any person of a crime or a fo rmal 685
censure of any person; 686
6. Information disclosing trade secrets or commercial or 687
financial information which is privileged or confidential; 688
7. Information of a personal nature where disclosure would 689
constitute a clearly unwarranted invasion of pers onal privacy; 690
8. Investigatory records compiled for law enforcement 691
purposes; 692
9. Information related to any investigatory reports 693
prepared by or on behalf of or for use of the commission or 694
other committee charged with responsibility for investigation or 695
determination of compliance issues pursuant to the compact; or 696
10. Matters specifically exempted from disclosure by 697
federal or state statute. 698
(g) If a meeting, or portion of a meeting, is closed 699
pursuant to this subsection, the commission's legal co unsel or 700
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designee shall certify that the meeting may be closed and shall 701
reference each relevant exempting provision. The commission 702
shall keep minutes that fully and clearly describe all matters 703
discussed in a meeting and shall provide a full and accurate 704
summary of actions taken, of any person participating in the 705
meeting, and the reasons therefor, including a description of 706
the views expressed. All documents considered in connection with 707
an action shall be identified in such minutes. All minutes and 708
documents of a closed meeting shall remain under seal, subject 709
to release only by a majority vote of the commission or order of 710
a court of competent jurisdiction. 711
(3) BYLAWS.— 712
(a) The commission shall, by a majority vote of the 713
commissioners, prescribe byl aws or rules to govern its conduct 714
as may be necessary or appropriate to carry out the purposes and 715
exercise the powers of the compact, including, but not limited 716
to: 717
1. Establishing the fiscal year of the commission; 718
2. Providing reasonable standards and procedures: 719
a. For the establishment and meetings of other committees; 720
and 721
b. Governing any general or specific delegation of any 722
authority or function of the commission; 723
3. Providing reasonable procedures for calling and 724
conducting meetings of the commission, ensuring reasonable 725
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advance notice of all meetings, and providing an opportunity for 726
attendance of such meetings by interested parties, with 727
enumerated exceptions de signed to protect the public's interest, 728
the privacy of individuals involved in such proceedings, and 729
proprietary information, including trade secrets. The commission 730
may meet in closed session only after a majority of the 731
commissioners vote to close a mee ting to the public in whole or 732
in part. As soon as practicable, the commission must make public 733
a copy of the vote to close the meeting which reveals the vote 734
of each commissioner with no proxy votes allowed; 735
4. Establishing the titles, duties and author ity, and 736
reasonable procedures for the election of the officers of the 737
commission; 738
5. Providing reasonable standards and procedures for the 739
establishment of the personnel policies and programs of the 740
commission. Notwithstanding any civil service or other similar 741
law of any compact state, the bylaws shall exclusively govern 742
the personnel policies and programs of the commission; 743
6. Promulgating a code of ethics to address permissible 744
and prohibited activities of commission members and employees; 745
and 746
7. Providing a mechanism for concluding the operations of 747
the commission and the equitable disposition of any surplus 748
funds that may exist after the termination of the compact after 749
the payment or reserving of all of its debts and obligations. 750
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(b) The commission shall publish its bylaws in a 751
convenient form and file a copy thereof, and a copy of any 752
amendment thereto, with the appropriate agency or officer in 753
each of the compact states. 754
(c) The commission shall maintain its financial records in 755
accordance with the bylaws. 756
(d) The commission shall meet and take such actions as are 757
consistent with the provisions of this compact and the bylaws. 758
(4) POWERS.—The commission has the power to: 759
(a) Promulgate uniform rules to facilitate and coordinate 760
implementation and administration of this compact. The rules 761
shall have the force and effect of law and shall be binding in 762
all compact states; 763
(b) Bring and prosecute legal proceedings or actions in 764
the name of the commission, provided that the standing of any 765
state psychology regulatory authority or other regulatory body 766
responsible for psychology licensure to sue or be sued under 767
applicable law is not affected; 768
(c) Purchase and maintain insurance and bonds; 769
(d) Borrow, accept, or contract for services of p ersonnel, 770
including, but not limited to, employees of a compact state; 771
(e) Hire employees, elect or appoint officers, fix 772
compensation, define duties, grant such individuals appropriate 773
authority to carry out the purposes of the compact, and 774
establish the commission's personnel policies and programs 775
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relating to conflicts of interest, qualifications of personnel, 776
and other related personnel matters; 777
(f) Accept any and all appropriate donations and grants of 778
money, equipment, supplies, materials and servi ces, and to 779
receive, utilize and dispose of the same; provided that at all 780
times the commission shall strive to avoid any appearance of 781
impropriety or conflict of interest; 782
(g) Lease, purchase, accept appropriate gifts or donations 783
of, or otherwise to ow n, hold, improve, or use, any property, 784
real, personal, or mixed; provided that at all times the 785
commission shall strive to avoid any appearance of impropriety 786
or conflict of interest; 787
(h) Sell, convey, mortgage, pledge, lease, exchange, 788
abandon, or otherwise dispose of any property, real, personal, 789
or mixed; 790
(i) Establish a budget and make expenditures; 791
(j) Borrow money; 792
(k) Appoint committees, including advisory committees 793
consisting of commission members, state regulators, state 794
legislators or their representatives, and consumer 795
representatives, and such other interested persons as may be 796
designated in this compact and the bylaws; 797
(l) Provide and receive information from, and to cooperate 798
with, law enforcement agencies; 799
(m) Adopt and use an of ficial seal; and 800
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(n) Perform such other functions as may be necessary or 801
appropriate to achieve the purposes of this compact consistent 802
with the state regulation of psychology licensure, temporary in -803
person, face-to-face practice, and telepsychology prac tice. 804
(5) EXECUTIVE BOARD. — 805
(a) The executive board shall have the power to act on 806
behalf of the commission according to the terms of this compact, 807
and shall consist of the following six members: 808
1. Five voting members who are elected from the curren t 809
membership of the commission by the commission; and 810
2. One ex-officio, nonvoting member from the Association 811
of State and Provincial Psychology Boards. 812
(b) The ex-officio member must have served as staff for or 813
a member of a state psychology regulato ry authority and shall be 814
selected by its respective organization. 815
(c) The commission may remove any member of the executive 816
board as provided in its bylaws. 817
(d) The executive board shall meet at least annually. 818
(e) The executive board shall have the following duties 819
and responsibilities: 820
1. Recommend to the entire commission changes to the rules 821
or bylaws, this compact legislation, or fees paid by compact 822
states, such as annual dues, and other applicable fees; 823
2. Ensure compact administration ser vices are 824
appropriately provided, contractual or otherwise; 825
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3. Prepare and recommend the budget; 826
4. Maintain financial records on behalf of the commission; 827
5. Monitor compact compliance of member states and provide 828
compliance reports to the commissio n; 829
6. Establish additional committees as necessary; and 830
7. Other duties as provided in rules or bylaws. 831
(6) FINANCING.— 832
(a) The commission shall pay, or provide for the payment 833
of, the reasonable expenses of its establishment, organization, 834
and ongoing activities. 835
(b) The commission may accept any and all appropriate 836
revenue sources, donations, and grants of money, equipment, 837
supplies, materials, and services. 838
(c) The commission may levy and collect an annual 839
assessment from each compact stat e or impose fees on other 840
parties to cover the cost of the operations and activities of 841
the commission and its staff which must be in a total amount 842
sufficient to cover its annual budget as approved each year for 843
which revenue is not provided by other sour ces. The aggregate 844
annual assessment amount shall be allocated based upon a formula 845
to be determined by the commission, which shall promulgate a 846
rule binding upon all compact states. 847
(d) The commission may not incur obligations of any kind 848
before securing the funds adequate to meet the same; nor shall 849
the commission pledge the credit of any of the compact states, 850
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except by and with the authority of the compact state. 851
(e) The commission shall keep accurate accounts of all 852
receipts and disbursements. The receipts and disbursements of 853
the commission shall be subject to the audit and accounting 854
procedures established under its bylaws. However, all receipts 855
and disbursements of funds handled by the commission shall be 856
audited yearly by a certified or licensed public accountant and 857
the report of the audit shall be included in and become part of 858
the annual report of the commission. 859
(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 860
(a) The members, officers, executive director, employees, 861
and representatives of the commission shall be immune from suit 862
and liability, either personally or in their official capacity, 863
for any claim for damage to or loss of property or personal 864
injury or other civil liability caused by or arising out of any 865
actual or alleged act, error, or omission that occurred, or that 866
the person against whom the claim is made had a reasonable basis 867
for believing occurred, within the scope of commission 868
employment, duties, or responsibilities; provided that nothing 869
in this paragraph shall be construed to protect any such person 870
from suit or liability for any damage, loss, injury, or 871
liability caused by the intentional or willful or wanton 872
misconduct of that person. 873
(b) The commission shall defend any member, officer, 874
executive director, empl oyee, or representative of the 875
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commission in any civil action seeking to impose liability 876
arising out of any actual or alleged act, error, or omission 877
that occurred within the scope of commission employment, duties, 878
or responsibilities, or that the person against whom the claim 879
is made had a reasonable basis for believing occurred within the 880
scope of commission employment, duties, or responsibilities; 881
provided that nothing herein may be construed to prohibit that 882
person from retaining his or her own counsel ; and provided 883
further, that the actual or alleged act, error, or omission did 884
not result from that person's intentional or willful or wanton 885
misconduct. 886
(c) The commission shall indemnify and hold harmless any 887
member, officer, executive director, employ ee, or representative 888
of the commission for the amount of any settlement or judgment 889
obtained against that person arising out of any actual or 890
alleged act, error, or omission that occurred within the scope 891
of commission employment, duties, or responsibilit ies, or that 892
such person had a reasonable basis for believing occurred within 893
the scope of commission employment, duties, or responsibilities; 894
provided that the actual or alleged act, error, or omission did 895
not result from the intentional or willful or wan ton misconduct 896
of that person. 897
898
ARTICLE XI 899
RULEMAKING 900
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(1) The commission shall exercise its rulemaking powers 901
pursuant to the criteria set forth in this article and the rules 902
adopted thereunder. Rules and amendments become binding as of 903
the date specified in each rule or amendment. 904
(2) If a majority of the legislatures of the compact 905
states reject a rule by enactment of a statute or resolution in 906
the same manner used to adopt the compact, such rule shall have 907
no further force and effect in any compact s tate. 908
(3) Rules or amendments to the rules shall be adopted at a 909
regular or special meeting of the commission. 910
(4) Before promulgation and adoption of a final rule or 911
rules by the commission, and at least 60 days in advance of the 912
meeting at which the rule will be considered and voted upon, the 913
commission shall file a notice of proposed rulemaking: 914
(a) On the website of the commission; and 915
(b) On the website of each compact state's psychology 916
regulatory authority or the publication in which each state 917
would otherwise publish proposed rules. 918
(5) The notice of proposed rulemaking shall include: 919
(a) The proposed time, date, and location of the meeting 920
in which the rule will be considered and voted upon; 921
(b) The text of the proposed rule or amen dment and the 922
reason for the proposed rule; 923
(c) A request for comments on the proposed rule from any 924
interested person; and 925
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(d) The manner in which interested persons may submit 926
notice to the commission of their intention to attend the public 927
hearing and any written comments. 928
(6) Before adoption of a proposed rule, the commission 929
shall allow persons to submit written data, facts, opinions, and 930
arguments, which shall be made available to the public. 931
(7) The commission shall grant an opportunity for a public 932
hearing before it adopts a rule or amendment if a hearing is 933
requested by: 934
(a) At least 25 individuals who submit comments 935
independently of each other; 936
(b) A governmental subdivision or agency; or 937
(c) A duly appointed person in an association that has at 938
least 25 members. 939
(8) If a hearing is held on the proposed rule or 940
amendment, the commission shall publish the place, time, and 941
date of the scheduled public hearing. 942
(a) All individuals wishing to be heard at the hearing 943
shall notify the executive director of the commission or other 944
designated member in writing of their desire to appear and 945
testify at the hearing at least 5 business days before the 946
scheduled date of the hearing. 947
(b) Hearings shall be conducted in a manner providing each 948
person who wishes to comment a fair and reasonable opportunity 949
to comment orally or in writing. 950
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(c) A transcript of the hearing is not required, unless a 951
written request for a transcript is made, in which case the 952
person requesting the transcript shall be ar the cost of 953
producing the transcript. A recording may be made in lieu of a 954
transcript under the same terms and conditions as a transcript. 955
This subsection does not preclude the commission from making a 956
transcript or recording of the hearing if it so cho oses. 957
(d) Nothing in this section shall be construed as 958
requiring a separate hearing on each rule. Rules may be grouped 959
for the convenience of the commission at hearings required by 960
this section. 961
(9) If a written notice of intent to attend the public 962
hearing by interested parties is not received, the commission 963
may proceed with promulgation of the proposed rule without a 964
public hearing. 965
(10) Following the scheduled hearing date, or by the close 966
of business on the scheduled hearing date if the hearing was not 967
held, the commission shall consider all written and oral 968
comments received. 969
(11) The commission shall, by majority vote of all 970
members, take final action on the proposed rule and shall 971
determine the effective date of the rule based on the rulemak ing 972
record and the full text of the rule. 973
(12) Upon determination that an emergency exists, the 974
commission may consider and adopt an emergency rule without 975
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prior notice, opportunity for comment, or hearing, provided that 976
the usual rulemaking procedures p rovided in the compact and in 977
this section shall be retroactively applied to the rule as soon 978
as reasonably possible, but no later than 90 days after the 979
effective date of the rule. For the purposes of this subsection, 980
an emergency rule is one that must be adopted immediately in 981
order to: 982
(a) Meet an imminent threat to public health, safety, or 983
welfare; 984
(b) Prevent a loss of commission or compact state funds; 985
(c) Meet a deadline for the promulgation of an 986
administrative rule that is established by fed eral law or rule; 987
or 988
(d) Protect public health and safety. 989
(13) The commission or an authorized committee of the 990
commission may direct revisions to a previously adopted rule or 991
amendment for purposes of correcting typographical errors, 992
errors in format, errors in consistency, or grammatical errors. 993
Public notice of any revisions shall be posted on the website of 994
the commission. The revision shall be subject to challenge by 995
any person for a period of 30 days after posting. The revision 996
may be challenged only on grounds that the revision results in a 997
material change to a rule. A challenge shall be made in writing 998
and delivered to the chair of the commission before the end of 999
the notice period. If a challenge is not made, the revision will 1000
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take effect without further action. If the revision is 1001
challenged, the revision may not take effect without the 1002
approval of the commission. 1003
1004
ARTICLE XII 1005
OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 1006
DISPUTE RESOLUTION; AND ENFORCEMENT 1007
(1) OVERSIGHT.— 1008
(a) The executive, legislative, and judicial branches of 1009
state government in each compact state shall enforce this 1010
compact and take all actions necessary and appropriate to 1011
effectuate the compact's purposes and intent. The provisions of 1012
this compact and the ru les promulgated hereunder shall have 1013
standing as statutory law. 1014
(b) All courts shall take judicial notice of the compact 1015
and the rules in any judicial or administrative proceeding in a 1016
compact state pertaining to the subject matter of this compact 1017
which may affect the powers, responsibilities, or actions of the 1018
commission. 1019
(c) The commission shall be entitled to receive service of 1020
process in any such proceeding, and shall have standing to 1021
intervene in such a proceeding for all purposes. Failure to 1022
provide service of process to the commission shall render a 1023
judgment or order void as to the commission, this compact, or 1024
promulgated rules. 1025
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(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 1026
(a) If the commission determines that a compact state has 1027
defaulted in the performance of its obligations or 1028
responsibilities under this compact or the promulgated rules, 1029
the commission shall: 1030
1. Provide written notice to the defaulting state and 1031
other compact states of the nature of the default, the proposed 1032
means of remedying the default, and any other action to be taken 1033
by the commission; and 1034
2. Provide remedial training and specific technical 1035
assistance regarding the default. 1036
(b) If a state in default fails to remedy the default, the 1037
defaulting state may be terminated from the compact upon an 1038
affirmative vote of a majority of the compact states, and all 1039
rights, privileges, and benefits conferred by this compact shall 1040
be terminated on the effective date of termination. A remedy of 1041
the default does not reli eve the offending state of obligations 1042
or liabilities incurred during the period of default. 1043
(c) Termination of membership in the compact shall be 1044
imposed only after all other means of securing compliance have 1045
been exhausted. The commission shall submit a notice of intent 1046
to suspend or terminate a defaulting compact state to the 1047
state's governor, the majority and minority leaders of the 1048
state's legislature, and each of the compact states. 1049
(d) A compact state that has been terminated is 1050
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responsible for all assessments, obligations, and liabilities 1051
incurred through the effective date of termination, including 1052
obligations that extend beyond the effective date of 1053
termination. 1054
(e) The commission may not bear any costs incurred by the 1055
state that is found to be in default or has been terminated from 1056
the compact, unless agreed upon in writing between the 1057
commission and the defaulting state. 1058
(f) The defaulting state may appeal the action of the 1059
commission by petitioning the United States District Court for 1060
the state of Georgia or the federal district where the compact 1061
has its principal offices. The prevailing party shall be awarded 1062
all costs of such litigation, including reasonable attorney 1063
fees. 1064
(3) DISPUTE RESOLUTION. — 1065
(a) Upon request by a compact state , the commission shall 1066
attempt to resolve disputes related to the compact which arise 1067
among compact states and between compact and noncompact states. 1068
(b) The commission shall promulgate a rule providing for 1069
both mediation and binding dispute resolution f or disputes that 1070
arise before the commission. 1071
(4) ENFORCEMENT.— 1072
(a) The commission, in the reasonable exercise of its 1073
discretion, shall enforce the provisions and rules of this 1074
compact. 1075
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(b) By majority vote, the commission may initiate legal 1076
action in the United States District Court for the state of 1077
Georgia or the federal district where the compact has its 1078
principal offices against a compact state in default to enforce 1079
compliance with the provisions of the compact and its 1080
promulgated rules and bylaws . The relief sought may include both 1081
injunctive relief and damages. In the event judicial enforcement 1082
is necessary, the prevailing party shall be awarded all costs of 1083
such litigation, including reasonable attorney fees. 1084
(c) The remedies herein are not th e exclusive remedies of 1085
the commission. The commission may pursue any other remedies 1086
available under federal or state law. 1087
1088
ARTICLE XIII 1089
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL 1090
COMPACT COMMISSION AND ASSOCIATED RULES; WITHDRAWAL, AND 1091
AMENDMENTS 1092
(1) The compact shall become effective on the date on 1093
which the compact is enacted into law in the seventh compact 1094
state. The provisions that become effective at that time shall 1095
be limited to the powers granted to the commission relating to 1096
assembly and the promulgation of rules. Thereafter, the 1097
commission shall meet and exercise rulemaking powers necessary 1098
to the implementation and administration of the compact. 1099
(2) Any state that joins the compact subsequent to the 1100
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commission's initial adopt ion of the rules shall be subject to 1101
the rules as they exist on the date on which the compact becomes 1102
law in that state. Any rule that has been previously adopted by 1103
the commission shall have the full force and effect of law on 1104
the day the compact becomes law in that state. 1105
(3) Any compact state may withdraw from this compact by 1106
enacting a statute repealing the same. 1107
(a) A compact state's withdrawal does not take effect 1108
until 6 months after enactment of the repealing statute. 1109
(b) Withdrawal does not affect the continuing requirement 1110
of the withdrawing state's psychology regulatory authority to 1111
comply with the investigative and adverse action reporting 1112
requirements of this act before the effective date of 1113
withdrawal. 1114
(4) Nothing contained in this compact shall be construed 1115
to invalidate or prevent any psychology licensure agreement or 1116
other cooperative arrangement between a compact state and a 1117
noncompact state which does not conflict with the provisions of 1118
this compact. 1119
(5) This compact may be am ended by the compact states. An 1120
amendment to this compact will not become effective and binding 1121
upon any compact state until it is enacted into the law of all 1122
compact states. 1123
1124
ARTICLE XIV 1125
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CONSTRUCTION AND SEVERABILITY 1126
This compact shall be liberally const rued so as to 1127
effectuate the purposes thereof. If this compact shall be held 1128
contrary to the constitution of any state member thereto, the 1129
compact shall remain in full force and effect as to the 1130
remaining compact states. 1131
Section 2. Subsection (10) of s ection 456.073, Florida 1132
Statutes, is amended to read: 1133
456.073 Disciplinary proceedings. —Disciplinary proceedings 1134
for each board shall be within the jurisdiction of the 1135
department. 1136
(10) The complaint and all information obtained pursuant 1137
to the investigation by the department are confidential and 1138
exempt from s. 119.07(1) until 10 days after probable cause has 1139
been found to exist by the probable cause panel or by the 1140
department, or until the regulated professional or subject of 1141
the investigation waives hi s or her privilege of 1142
confidentiality, whichever occurs first. The department shall 1143
report any significant investigation information relating to a 1144
nurse holding a multistate license to the coordinated licensure 1145
information system pursuant to s. 464.0095, a nd any significant 1146
investigatory information relating to a health care practitioner 1147
practicing under the Professional Counselors Licensure Compact 1148
to the data system pursuant to s. 491.017 , and any significant 1149
investigatory information relating to a psycho logist practicing 1150
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under the Psychology Interjurisdictional Compact to the 1151
coordinated licensure information system pursuant to s. 1152
490.0075. Upon completion of the investigation and a 1153
recommendation by the department to find probable cause, and 1154
pursuant to a written request by the subject or the subject's 1155
attorney, the department shall provide the subject an 1156
opportunity to inspect the investigative file or, at the 1157
subject's expense, forward to the subject a copy of the 1158
investigative file. Notwithstanding s. 456.057, the subject may 1159
inspect or receive a copy of any expert witness report or 1160
patient record connected with the investigation if the subject 1161
agrees in writing to maintain the confidentiality of any 1162
information received under this subsection until 10 d ays after 1163
probable cause is found and to maintain the confidentiality of 1164
patient records pursuant to s. 456.057. The subject may file a 1165
written response to the information contained in the 1166
investigative file. Such response must be filed within 20 days 1167
of mailing by the department, unless an extension of time has 1168
been granted by the department. This subsection does not 1169
prohibit the department from providing such information to any 1170
law enforcement agency or to any other regulatory agency. 1171
Section 3. Subsection (5) of section 456.076, Florida 1172
Statutes, is amended to read: 1173
456.076 Impaired practitioner programs. — 1174
(5) A consultant shall enter into a participant contract 1175
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with an impaired practitioner and shall establish the terms of 1176
monitoring and shall in clude the terms in a participant 1177
contract. In establishing the terms of monitoring, the 1178
consultant may consider the recommendations of one or more 1179
approved evaluators, treatment programs, or treatment providers. 1180
A consultant may modify the terms of monitor ing if the 1181
consultant concludes, through the course of monitoring, that 1182
extended, additional, or amended terms of monitoring are 1183
required for the protection of the health, safety, and welfare 1184
of the public. If the impaired practitioner is a health care 1185
practitioner practicing under the Professional Counselors 1186
Licensure Compact pursuant to s. 491.017, the terms of the 1187
monitoring contract must include the impaired practitioner's 1188
withdrawal from all practice under the compact. If the impaired 1189
practitioner is a psychologist practicing under the Psychology 1190
Interjurisdictional Compact pursuant to s. 490.0075, the terms 1191
of the monitoring contract must include the impaired 1192
practitioner's withdrawal from all practice under the compact. 1193
Section 4. Subsection (7) i s added to section 490.004, 1194
Florida Statutes, to read: 1195
490.004 Board of Psychology. — 1196
(7) The board shall appoint an individual to serve as the 1197
state's commissioner on the Psychology Interjurisdictional 1198
Compact Commission, as required under s. 490.0075. 1199
Section 5. Subsection (4) is added to section 490.005, 1200
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Florida Statutes, to read: 1201
490.005 Licensure by examination. — 1202
(4) A person licensed as a psychologist in another state 1203
who is practicing pursuant to the Psychology Interjurisdictional 1204
Compact under s. 490.0075, and only within the scope provided 1205
therein, is exempt from the licensure requirements of this 1206
section. 1207
Section 6. Subsection (4) is added to section 490.006, 1208
Florida Statutes, to read: 1209
490.006 Licensure by endorsement. — 1210
(4) A person licensed as a psychologist in another state 1211
who is practicing pursuant to the Psychology Interjurisdictional 1212
Compact under s. 490.0075, and only within the scope provided 1213
therein, is exempt from the licensure requirements of this 1214
section. 1215
Section 7. Section 490.009, Florida Statutes, is amended 1216
to read: 1217
490.009 Discipline. — 1218
(1) The following acts constitute grounds for denial of a 1219
license or disciplinary action, as specified in s. 456.072(2) or 1220
s. 490.0075: 1221
(a) Attempting to obtain, obtaining, or renewing a license 1222
under this chapter by bribery or fraudulent misrepresentation or 1223
through an error of the board or department. 1224
(b) Having a license to practice a comparable profession 1225
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revoked, suspended, or otherwise acted against, including the 1226
denial of certification or licensure by another state, 1227
territory, or country. 1228
(c) Being convicted or found guilty, regardless of 1229
adjudication, of a crime in any jurisdiction which directly 1230
relates to the practice of his or her profession or the ability 1231
to practice his or her profession. A plea of nolo contendere 1232
creates a rebuttable presumption of guilt of the underlying 1233
criminal charges. However, the board shall allow the person who 1234
is the subject of the disciplinary proceeding to present any 1235
evidence relevant to the underlying charges and circumstances 1236
surrounding the plea. 1237
(d) False, deceptive, or misleading advertising or 1238
obtaining a fee or other thing of value on the representation 1239
that beneficial results from any treatment will be guaranteed. 1240
(e) Advertising, practicing, or attempting to practice 1241
under a name other than one's own. 1242
(f) Maintaining a professional association with any person 1243
who the applicant or licensee knows, or has reason to believe, 1244
is in violation of this chapter or of a rule o f the department 1245
or, in the case of psychologists, of the department or the 1246
board. 1247
(g) Knowingly aiding, assisting, procuring, or advising 1248
any nonlicensed person to hold himself or herself out as 1249
licensed under this chapter. 1250
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(h) Failing to perform any statutory or legal obligation 1251
placed upon a person licensed under this chapter. 1252
(i) Willfully making or filing a false report or record; 1253
failing to file a report or record required by state or federal 1254
law; willfully impeding or obstructing the filing of a report or 1255
record; or inducing another person to make or file a false 1256
report or record or to impede or obstruct the filing of a report 1257
or record. Such report or record includes only a report or 1258
record which requires the signature of a person licensed unde r 1259
this chapter. 1260
(j) Paying a kickback, rebate, bonus, or other 1261
remuneration for receiving a patient or client, or receiving a 1262
kickback, rebate, bonus, or other remuneration for referring a 1263
patient or client to another provider of mental health care 1264
services or to a provider of health care services or goods; 1265
referring a patient or client to oneself for services on a fee -1266
paid basis when those services are already being paid for by 1267
some other public or private entity; or entering into a 1268
reciprocal referral a greement. 1269
(k) Committing any act upon a patient or client which 1270
would constitute sexual battery or which would constitute sexual 1271
misconduct as defined in s. 490.0111. 1272
(l) Making misleading, deceptive, untrue, or fraudulent 1273
representations in the practi ce of any profession licensed under 1274
this chapter. 1275
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(m) Soliciting patients or clients personally, or through 1276
an agent, through the use of fraud, intimidation, undue 1277
influence, or a form of overreaching or vexatious conduct. 1278
(n) Failing to make available to a patient or client, upon 1279
written request, copies of test results, reports, or documents 1280
in the possession or under the control of the licensee which 1281
have been prepared for and paid for by the patient or client. 1282
(o) Failing to respond within 30 days to a written 1283
communication from the department concerning any investigation 1284
by the department or to make available any relevant records with 1285
respect to any investigation about the licensee's conduct or 1286
background. 1287
(p) Being unable to practice the profess ion for which he 1288
or she is licensed under this chapter with reasonable skill or 1289
competence as a result of any mental or physical condition or by 1290
reason of illness; drunkenness; or excessive use of drugs, 1291
narcotics, chemicals, or any other substance. In enf orcing this 1292
paragraph, upon a finding by the State Surgeon General, the 1293
State Surgeon General's designee, or the board that probable 1294
cause exists to believe that the licensee is unable to practice 1295
the profession because of the reasons stated in this paragr aph, 1296
the department shall have the authority to compel a licensee to 1297
submit to a mental or physical examination by psychologists or 1298
physicians designated by the department or board. If the 1299
licensee refuses to comply with the department's order, the 1300
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department may file a petition for enforcement in the circuit 1301
court of the circuit in which the licensee resides or does 1302
business. The licensee may shall not be named or identified by 1303
initials in the petition or in any other public court records or 1304
documents, and the enforcement proceedings shall be closed to 1305
the public. The department shall be entitled to the summary 1306
procedure provided in s. 51.011. A licensee affected under this 1307
paragraph shall be afforded an opportunity at reasonable 1308
intervals to demonstrate th at he or she can resume the competent 1309
practice for which he or she is licensed with reasonable skill 1310
and safety to patients. 1311
(q) Performing any treatment or prescribing any therapy 1312
which, by the prevailing standards of the mental health 1313
professions in the community, would constitute experimentation 1314
on human subjects, without first obtaining full, informed, and 1315
written consent. 1316
(r) Failing to meet the minimum standards of performance 1317
in professional activities when measured against generally 1318
prevailing peer performance, including the undertaking of 1319
activities for which the licensee is not qualified by training 1320
or experience. 1321
(s) Delegating professional responsibilities to a person 1322
whom the licensee knows or has reason to know is not qualified 1323
by training or experience to perform such responsibilities. 1324
(t) Violating a rule relating to the regulation of the 1325
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profession or a lawful order of the department previously 1326
entered in a disciplinary hearing. 1327
(u) Failing to maintain in confidence a communication made 1328
by a patient or client in the context of such services, except 1329
as provided in s. 490.0147. 1330
(v) Making public statements which are derived from test 1331
data, client contacts, or behavioral research and which identify 1332
or damage research subjects or clien ts. 1333
(w) Violating any provision of this chapter or chapter 1334
456, or any rules adopted pursuant thereto. 1335
(2)(a) The department, or in the case of psychologists, 1336
the board, may enter an order denying licensure or imposing any 1337
of the penalties in s. 456.07 2(2) against any applicant for 1338
licensure or licensee who is found guilty of violating any 1339
provision of subsection (1) of this section or who is found 1340
guilty of violating any provision of s. 456.072(1). 1341
(b) The board may take adverse action against a 1342
psychologist's authority to practice interjurisdictional 1343
telepsychology or his or her temporary authorization to practice 1344
under the Psychology Interjurisdictional Compact pursuant to s. 1345
490.0075, and may impose any of the penalties in s. 456.072(2) 1346
if a psychologist commits an act specified in subsection (1) or 1347
s. 456.072(1). 1348
Section 8. Paragraph (i) is added to subsection (10) of 1349
section 768.28, Florida Statutes, to read: 1350
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768.28 Waiver of sovereign immunity in tort actions; 1351
recovery limits; civil liabili ty for damages caused during a 1352
riot; limitation on attorney fees; statute of limitations; 1353
exclusions; indemnification; risk management programs. — 1354
(10) 1355
(i) For purposes of this section, the individual appointed 1356
under s. 490.004(7) as the state's commissi oner on the 1357
Psychology Interjurisdictional Compact Commission, when serving 1358
in that capacity pursuant to s. 490.0075, and any administrator, 1359
officer, executive director, employee, or representative of the 1360
Psychology Interjurisdictional Compact Commission, when acting 1361
within the scope of his or her employment, duties, or 1362
responsibilities in this state, is considered an agent of the 1363
state. The commission shall pay any claims or judgments pursuant 1364
to this section and may maintain insurance coverage to pay any 1365
such claims or judgments. 1366
Section 9. This act shall take effect July 1, 2023. 1367