This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0033z1.DOCX
DATE: 6/6/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 33 Psychology Interjurisdictional Compact
SPONSOR(S): Health & Human Services Committee, Hunschofsky and others
TIED BILLS: HB 35 IDEN./SIM. BILLS: CS/SB 56
FINAL HOUSE FLOOR ACTION: 115 Y’s
0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 33 passed the House on April 20, 2023, and subsequently passed the Senate on May 1, 2023.
Current law allows a Florida-licensed health care practitioner, a practitioner licensed under a multistate health
care licensure compact of which Florida is a member, or a registered out-of-state-health care provider to
provide health care services to Florida patients via telehealth. Only another state can authorize a Florida
practitioner to use telehealth to provide services to patients in that state.
The Psychology Interjurisdictional Compact (PSYPACT) is an interstate compact, which is an agreement
between states to enact legislation and enter into a contract for a specific, limited purpose. In 2015, the
Association of State and Provincial Psychology Boards (ASPPB) adopted model legislation for PSYPACT
which facilitates the practice of psychology using telepsychology and in-person, face-to-face psychological
practice to patients in other states. PSYPACT establishes the Psychology Interjurisdictional Compact
Commission (Commission), made up of each party state’s representative of the state licensing board. The
Commission administers the compact. PSYPACT became effective in April 2019, and currently has 37 member
states.
Psychologists licensed in PSYPACT states may apply for authorization to practice interjurisdictional
telepsychology (APIT) and temporary authorization to practice (TAP), which are required under the compact to
practice telepsychology and temporary in-person, face-to-face practice in other PSYPACT states. To practice
telepsychology in PSYPACT states, psychologists licensed in compact states may apply to the Commission for
authorization and obtain an E.Passport from the ASPPB. To conduct temporary in-person, face-to-face
practice, a psychologist licensed in a compact state may apply to the Commission for temporary authority and
obtain an interjurisdictional practice certificate from the ASPPB. Thus, under the compact a Florida licensed
psychologist is eligible to provide services to out-of-state patients through either telehealth or a temporary
authorization to practice.
The compact requires all participating states to report certain licensure information to a coordinated licensure
information system (CLIS), including identifying information, licensure data, and adverse actions taken against
a psychologist’s license or practice privileges in a compact state. Such information is public under the compact
unless a compact state designates the information it contributes to the CLIS as confidential, prohibiting
disclosure to the public without express permission of the reporting state.
CS/HB 33 enacts PSYPACT and authorizes Florida to enter into the compact.
The bill has an insignificant, negative fiscal impact on Department of Health which can be absorbed within
existing resources. The bill has no fiscal impact on local governments.
The bill was approved by the Governor on May 25, 2023, ch. 2023-140, L.O.F., and will become effective on
July 1, 2023.
STORAGE NAME: h0033z1.DOCX PAGE: 2
DATE: 6/6/2023
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Health Care Professional Shortage
There is currently a health care provider shortage in the U.S.
1
This shortage is predicted to continue
into the foreseeable future and will likely worsen with the aging and growth of the U.S. population
2
and
the passage of the Patient Protection and Affordable Care Act.
3
Aging populations create a
disproportionately higher health care demand.
4
Additionally, as more individuals qualify for health care
benefits, there will necessarily be a greater demand for more health care professionals to provide these
services.
According to the U.S. Health Resources and Services Administration (HRSA), the U.S. will experience
a 7% increase in demand for psychologists by 2030, producing a shortage of approximately 14,300
psychologists nationwide.
5
In Florida, HRSA estimates a shortage of 1,420 clinical, counseling, and
school psychologists by 2030.
6
Exacerbated by the COVID-19 pandemic, the American Academy of
Pediatrics declared a national state of emergency in children’s mental health, creating a need for more
mental health professionals and increased access to such.
7
Psychologist Licensure in Florida
The Board of Psychology within the Department of Health (DOH) oversees the licensure and regulation
of psychologists in this state.
8
To receive a license to practice psychology, an individual must:
9
Meet one of the following educational requirements:
1
For example, as of December 31, 2022, the U.S. Department of Health and Human Services has designated 8,294 Primary Care
Health Professional Shortage Area (HPSA) (requiring 17,065 additional primary care physicians to eliminate the shortage), 7,313
Dental HPSAs (requiring 11,909 additional dentists to eliminate the shortage), and 6,599 Mental Health HPSAs (requiring 7,957
additional mental health providers to eliminate the shortage). U.S. Department of Health and Human Services, Designated Health
Professional Shortage Areas Statistics (Jan. 1, 2023), https://data.hrsa.gov/Default/GenerateHPSAQuarterlyReport (last visited May 9,
2023).
2
According to the U.S. Census Bureau, the U.S population is expected to increase by almost 100 million between 2014 and 2060, and
by 2030, one in five Americans is projected to be 65 and over. Sandra L. Colby & Jennifer M. Ortman, U.S. Census Bureau, Projections
of the Size and Composition of the U.S. Population: 2014 to 2060 (March 2015),
https://www.census.gov/content/dam/Census/library/publications/2015/demo/p25-1143.pdf (last visited May 9, 2023).
3
U.S. Dep’t of Health and Human Services, Department of Health and Human Services Strategic Plan: Goal 1: Strengthen Health
Care, available at http://www.hhs.gov/secretary/about/goal5.html (last visited on May 9, 2023).
4
One analysis measured current primary care utilization (office visits) and projected the impact of population increases, aging, and
insured status changes. The study found that the total number of office visits to primary care physicians will increase from 462 million in
2008 to 565 million in 2025, and (because of aging) the average number of visits will increase from 1.60 to 1.66. The study concluded
that the U.S. will require 51,880 additional primary care physicians by 2025. (Petterson, Stephen M., et al., “Projecting U.S. Primary
Care Physician Workforce Needs: 2010-2025,” Annals of Family Medicine, vol. 10, No. 6 (November/December 2012), available at
http://www.annfammed.org/content/10/6/503.full.pdf+html (last visited on Jan. 23, 2023).
5
Health Resources Services Administration, Behavioral Health Workforce Projections, 2016-2030: Clinical, Counseling and School
Psychologists, https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/data-research/psychologists-2018.pdf (last visited May 9,
2023).
6
Health Resources Services Administration, State-Level Projections of Supply and Demand for Behavioral Health Occupations: 2016-
2030 (September 2018), https://bhw.hrsa.gov/sites/default/files/bureau-health-workforce/data-research/state-level-estimates-report-
2018.pdf (last visited May 9, 2023).
7
American Academy of Pediatrics, AAP-AACAP-CHA Declaration of a National Emergency in Child and Adolescent Mental Health,
https://www.aap.org/en/advocacy/child-and-adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-
emergency-in-child-and-adolescent-mental-health/ (last visited May 9, 2023).
8
Section 490.004, F.S.
9
Section 490.005(1), F.S.
STORAGE NAME: h0033z1.DOCX PAGE: 3
DATE: 6/6/2023
o Received a doctoral-level psychological education
10
from an institution that had
institutional accreditation from an agency recognized by the United States Department of
Education or was recognized as a member in good standing with the Association of
Universities and Colleges of Canada, and had programmatic accreditation from the
American Psychological Association;
11
or
o Received the equivalent of a doctoral-level education from a program at a school or
university located outside of the United States, which is officially recognized by the
government of the country in which it is located as a program or institution to train
students to practice professional psychology.
Complete 2 years or 4,000 hours of supervised experience;
Pass the Examination for Professional Practice in Psychology;
12
and
Pass an examination on Florida laws and rules.
Applicants for licensure by endorsement must be a diplomate in good standing with the American
Board of Professional Psychology, and hold a doctoral degree in psychology with at least 10 years of
experience as a licensed psychologist in any jurisdiction or territory of the U.S. within the 25 years
preceding the date of application.
13
Telehealth
A Florida-licensed health care practitioner, a practitioner licensed under a multistate health care
licensure compact of which Florida is a member,
14
or a registered out-of-state-health care provider is
authorized to provide health care services to Florida patients via telehealth.
15
Current law sets the
standard of care for telehealth providers at the same level as the standard of care for health care
practitioners or health care providers providing in-person health care services to patients in this state.
This ensures that a patient receives the same standard of care irrespective of the modality used by the
health care professional to deliver the services.
Under current law, in-state and out-of-state licensed or registered health care practitioners may use
telehealth to provide health care services to patients physically located in Florida. The law does not
allow health care practitioners, including Florida licensed psychologists, to use telehealth to provide
services to out-of-state patients.
Sovereign Immunity
Sovereign immunity generally bars lawsuits against the state or its political subdivisions for torts
committed by an officer, employee, or agent of such governments unless the immunity is expressly
waived. The Florida Constitution recognizes that the concept of sovereign immunity applies to the state,
although the state may waive its immunity through an enactment of general law.
16
Current law partially waives sovereign immunity, allowing individuals to sue state government and its
subdivisions.
17
Individuals may sue the government under circumstances where a private person
"would be liable to the claimant, in accordance with the general laws of [the] state . . . . " Section
768.28(5), F.S., imposes a $200,000 limit on the government's liability to a single person, and a
$300,000 total limit on liability for claims arising out of a single incident.
10
Section 490.003(3), F.S., defines doctoral-level education as a Psy.D, an Ed.D., or a Ph.D in psychology.
11
The American Psychological Association is recognized by the U.S. Department of Education and the Council for Higher Education
Accreditation as the national accrediting authority for professional education and training in psychology. American Psychological
Association, Understanding APA Accreditation, http://www.apa.org/ed/accreditation/about/index.aspx (last visited May 9, 2023).
12
Rule 64B19-11.001, F.A.C.
13
Section 490.006, F.S.
14
Florida is a member of the Nurse Licensure Compact. See s. 464.0095, F.S.
15
S. 456.47(4), F.S.
16
Fla. Const. art. X, s. 13.
17
Section 768.28, F.S.
18
Section 456.076, F.S. The provisions of s. 456.076, also apply to veterinarians under s. 474.221, F.S. and
radiological personnel under s. 486.315, F.S.
STORAGE NAME: h0033z1.DOCX PAGE: 4
DATE: 6/6/2023
Impaired Practitioner Program
The impaired practitioner treatment program was created to provide resources to assist health care
practitioners who are impaired as a result of the misuse or abuse of alcohol or drugs, or both, or a
mental or physical condition which could affect the practitioners’ ability to practice with skill and
safety.
18
For a profession that does not have a program established within its individual practice act, the
Department of Health (DOH) is required to designate an approved program by rule.
19
By rule, DOH
designates the approved program by contract with a consultant to initiate intervention, recommend
evaluation, refer impaired practitioners to treatment providers, and monitor the progress of impaired
practitioners. The impaired practitioner program may not provide medical services.
20
Interstate Compacts
An interstate compact is an agreement between two or more states to address common problems or
issues, create an independent, multistate governmental authority, or establish uniform guidelines,
standards or procedures for the compact’s member states.
21
Article 1, Section 10, Clause 3 (Compact
Clause) of the U.S. Constitution authorizes states to enter into agreements with each other, without the
consent of Congress. However, courts have interpreted the Constitution to require congressional
consent if an interstate agreement encroaches on the federal government’s power.
22
Florida is a party to multiple interstate compacts, including the Nurse Licensure Compact,
23
Driver’s
License Compact,
24
Compact on Adoption and Medical Assistance,
25
and the Interstate Compact on
Educational Opportunity for Military Children.
26
Psychology Interjurisdictional Compact
The Psychology Interjurisdictional Compact (PSYPACT or compact) was created by the Association of
State and Provincial Psychology Boards (ASPPB) and is an interstate compact that facilitates the
practice of telepsychology and temporary in-person practice of psychology across state boundaries.
27
The compact establishes the Psychology Interjurisdictional Compact Commission (Commission) which
is responsible for creating and finalizing bylaws, rules, and regulation. The Commission also grants
psychologists authority to practice telepsychology and temporary in-person psychology across state
lines.
28
The compact does not waive sovereign immunity except to the extent sovereign immunity is
waived in the party states.
Psychologists licensed in PSYPACT states may apply to the Commission for authority to practice
telepsychology in PSYPACT states. Authorized psychologists must obtain an E.Passport
29
Certificate
from ASPPB to practice telepsychology. To conduct temporary in-person practice in PSYPACT states,
psychologists licensed in PSYPACT states can apply to the Commission for an interjurisdictional
18
Section 456.076, F.S. The provisions of s. 456.076, also apply to veterinarians under s. 474.221, F.S. and radiological personnel
under s. 486.315, F.S.
19
Section 456.076(1), F.S.
20
Rule 64B31-10.001(1)(a), F.A.C.
21
National Center for Interstate Compacts, What Are Interstate Compacts?, https://compacts.csg.org/compacts/ (last visited May 9,
2023).
22
For example, see Virginia v. Tennessee, 148 U.S. 503 (1893), New Hampshire v. Maine, 426 U.S. 363 (1976)
23
Section 464.0095, F.S.
24
Section 322.44, F.S.
25
Section 409.406, F.S.
26
Section 1000.36, F.S.
27
PSYPACT, About Us, https://psypact.org/page/About (last visited May 9, 2023).
28
Id.
29
Under the compact, an E.Passport is a certificate issued by the Association for State and Provincial Psychology Boards that
promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed
psychologists to provide telepsychological services across state lines.
STORAGE NAME: h0033z1.DOCX PAGE: 5
DATE: 6/6/2023
practice certificate for temporary authority to practice in a distant state.
30
PSYPACT currently has 37
member states.
The compact is arranged in 14 articles and addresses the following issues
31
Purpose (Article I)
The primary purposes of PSYPACT are:
Allowing for telepsychological communications from providers to patients in separate states;
Allowing for up to 30 days of in-person practice;
Recognizing that states have vested interest protecting public health and safety and the best
available protection is afforded through the compact and legislation;
Only applying to individuals not holding licenses in both home and receiving jurisdictions; and
Not applying to permanent in-person practice.
Definitions (Article II)
The compact provides definitions for terms used in the model legislation.
30
Supra, note 27. A distant state is a compact state where a psychologist is physically present to provide temporary in-person, face-to-
face psychological services.
31
Psychology Interjurisdictional Compact (PSYPACT), https://cdn.ymaws.com/psypact.site-
ym.com/resource/resmgr/psychology_interjurisdiction.pdf (last visited May 9, 2023).
STORAGE NAME: h0033z1.DOCX PAGE: 6
DATE: 6/6/2023
Home State Licensure (Article III)
Under the compact, a psychologist must be licensed by his or her home state, which must be a
compact state, to provide services permitted by the compact. PSYPACT authorizes psychologists with
a home state license to practice telepsychology in receiving states only if the receiving state requires:
The psychologist to hold an active E.Passport;
A mechanism for receiving and investigating complaints about licensees;
Notification to the Commission of any adverse action of significant investigatory information
regarding a licensee;
An identity history summary (background screening) of all applicants at initial licensure; and
Compliance with the bylaws and rules of the Commission.
PSYPACT authorizes the practice of temporary practice in a distant state only if the compact state:
Currently holds an active interjurisdictional practice certificate;
Has a mechanism for receiving and investigating complaints about licensees;
Notifies the Commission of any adverse action of significant investigatory information regarding
a licensee;
Requires an identity history summary (background screening) of all applicants at initial
licensure; and
Complies with the bylaws and rules of the Commission.
Compact Privilege to Practice Telepsychology (Article IV)
PSYPACT authorizes the practice of telepsychology in a receiving state in which a psychologist is not
licensed if the psychologist:
Holds a graduate degree in psychology from an institute of higher education which, at the time
the degree was awarded was:
o Regionally accredited by an accrediting body recognized by the U.S. Department of
Education to grant graduate degrees or authorize by provincial statute or royal charter to
grant doctoral degrees; or
o A foreign college or university deemed to be equivalent by a foreign credential
evaluation service that is a member of the National Association of Credential Evaluation
Services or by a recognizes foreign credential evaluation.
Holds a graduate degree in psychology that meets designated criteria;
Possess current, full and unrestricted license to practice psychology in a home state which is a
compact state;
Has no history of adverse action or criminal record history that violates Commission rules;
Possess a current and active E. Passport;
Provides attestations regarding areas of intended practice, conformity with standards of
practice, competence in telepsychology technology, criminal background and knowledge and
adherence to legal requirements in the home and receiving states, and provides a release of
information to allow for primary source verification in a manner specified by the Commission;
and
Meets other criteria as defined by the rules of the Commission.
PSYPACT also requires psychologists practicing under the compact to practice within areas of
competency and within the scope of practice of the receiving state. Receiving states are authorized to
limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology and to take any
necessary actions under applicable law to protect the health and safety of the receiving state’s citizens.
States taking such action must immediately notify the psychologist’s home state and the Commission.
STORAGE NAME: h0033z1.DOCX PAGE: 7
DATE: 6/6/2023
E. Passports must be revoked if a psychologist’s home state license or other state license is restricted,
suspended, or otherwise limited.
Compact Temporary Authorization to Practice (Article V)
The compact requires compact states to recognize the right of a psychologist licensed in a compact
state to temporarily practice in-person in other compact states where the psychologist is not licensed.
To practice temporarily in another compact state a licensed psychologist must:
Hold a graduate degree in psychology from an institute of higher education which, at the time
the degree was awarded was:
o Regionally accredited by an accrediting body recognized by the U.S. Department of
Education to grant graduate degrees or authorize by provincial statute or royal charter to
grant doctoral degrees; or
o A foreign college or university deemed to be equivalent by a foreign credential
evaluation service that is a member of the National Association of Credential Evaluation
Services or by a recognized foreign credential evaluation.
Hold a graduate degree in psychology from an educational program that:
o Is identified and labeled as a psychology program and specify in institutional catalogues
and brochures its intent to educate and train professional psychologists;
o Stands as a recognizable, coherent, organizational entity within the institution;
o Has clear authority and primary responsibility for the core and specialty areas whether or
not the program cuts across administrative lines;
o Consists of an integrated, organized sequence of study;
o Has an identifiable psychology faculty sufficient in size and breadth to carry out its
responsibilities;
o Has a director who must be a psychologist and a member of the core faculty;
o Has an identifiable student body who are matriculated in that program for a degree;
o The program must include supervised practicum, internship, or filed training appropriate
to the practice of psychology;
o Has a curriculum that encompasses a minimum of three academic years of full-time
graduate study for doctoral degrees and a minimum of one academic year of full-time
graduate study for a master’s degree; and
o Includes an acceptable residency as defined by Commission rules.
Possess a current, full and unrestricted license to practice psychology in a home state which is
a compact state;
Have no history of adverse action or criminal record history that violate Commission rules;
Possess a current, active interjurisdictional practice certificate;
Provide attestations regarding areas of intended practice and work experience and allow for
primary source verification in a manner specified by the Commission; and
Meet other criteria as defined by the Commission rules.
A psychologist practicing in a distant state under a temporary authorization to practice must practice
within the scope of practice within such state and is subject to its authority and laws. A distant state
may limit or revoke a psychologist’s temporary authorization in accordance with state law and take any
necessary action under the state’s law to protect the health and safety of its citizens. Any action taken
by a distant state must be reported to the home state and the Commission and the psychologist’s
interjurisdictional practice certificate must be revoked.
Compact of Telepsychological Practice in a Receiving State (Article VI)
A psychologist must practice interjurisdictional telepsychology in accordance with the scope of practice
of the receiving jurisdiction and within the rules of the Commission, as well as:
STORAGE NAME: h0033z1.DOCX PAGE: 8
DATE: 6/6/2023
The psychologist initiates a client/patient contact in home state via telecommunications
technologies with a client/patient in a receiving state; or
Other condition regarding telepsychology as determined by rule promulgated by the
Commission.
Adverse Actions (Article VII)
This section covers how the compact, home and receiving states, will conduct and report adverse
actions and the consequences for a psychologist who receives adverse actions.
The home state may take adverse actions against a psychologist license. A receiving state may take
adverse action on a psychologist authority to practice interjurisdictional telepsychology and temporary
authorization to practice within that receiving state.
If a home state takes adverse action against a psychologist’s license, a psychologist’s authority to
practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. In addition, that
psychologist’s temporary practice is terminated, and the interjurisdictional practice certificate is
revoked. All adverse actions taken should be reported to the Commission.
A home state’s psychology regulatory authority is required to investigate and take appropriate action
with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving
state as it would if such conduct had occurred by a licensee within the home state. In such cases, the
home state’s law shall control in determining any adverse action against a psychologist’s license.
Nothing in the compact will override a compact state’s decision that a psychologist’s participation in an
alternative program may be used in lieu of adverse action and that such participation shall remain non-
public if required by the compact state’s law. The psychologist must cease providing services while in
an alternative program.
Additional Authorities Invested in a Compact State’s Psychology Regulatory Authority (Article
VIII)
PSYPACT authorizes compact states to maintain their psychologist regulatory authority, including:
Issuing subpoenas, for both hearings and investigations; and
Issuing orders to cease and desist and injunctive relief orders to revoke a psychologist’s
authority to practice interjurisdictional telepsychology or through temporary authorization.
The compact also prohibits a psychologist from changing their home state status if an investigation is
taking place. The compact encourages conclusions of all investigations to be reported to the
Commission. All information provided to the Commission or distributed by compact states pursuant to
the psychologist shall remain confidential, filed under seal and used for investigatory or disciplinary
matters. The Commission may create additional rules for mandated discretionary sharing of information
by compact states.
Coordinated Licensure Information System (Article IX)
The compact requires all compact states to share licensee information. Compact states must submit a
uniform dataset to a coordinated database on all psychologists to whom the compact is applicable, as
required by the rules of the Commission. The database allows for expedited sharing of adverse action
against compact psychologists. The coordinated database information must be expunged according to
laws of the reporting compact state.
Establishment of the Psychology Interjurisdictional Compact Commission (Article X)
STORAGE NAME: h0033z1.DOCX PAGE: 9
DATE: 6/6/2023
The compact establishes the Psychology Interjurisdictional Compact Commission as the ruling
commission. The Commission must consist of one voting representative appointed by each compact
state who serves as that state’s Commissioner. The applicable state regulatory board must also appoint
a delegate to represent the Board of Psychology. Vacancies of Commissioners must be filled in
accordance of the laws of the compact state. Each commissioner is granted one vote in regard to
creation of rules and bylaws and must have the opportunity to participate in the business and affairs of
the Commission.
Rulemaking (Article XI)
PSYPACT provides rule-making authority to the Commission. Rules and amendments to the rules
passed by the Commission are binding on the party states as of the effective date specified in each rule
or amendment.
Prior to the promulgation and adoption of a rule, and at least 60 days in advance, the Commission must
provide notice of the meeting at which the rule is to be considered and voted upon. The notice must be
posted on the Commission’s website and the website of the licensing board of each member state, or
the publication in which each state would otherwise publish proposed rules, and include:
The time, date, and location of the meeting;
The text of the proposed rule or amendment,
The reason for the proposed rule or amendment;
A request for comment from interested persons; and
The manner in which interested persons may submit comments.
The public may submit written comments, which must be made publicly available, prior to the adoption
of the proposed rule. The Commission must hold a public hearing before it adopts a rule if requested
by:
At least 25 people submit comments independently of each other;
A governmental entity; or
A duly appointed person in an association having at least 25 members.
If a hearing is held, the Commission must publish the place, time, and date of the scheduled public
hearing. Anyone wishing to speak at the hearing must notify the Executive Director of the Commission,
or another designated member, within five business days before the hearing. Hearings must be
conducted in a manner that provides fair and reasonable opportunity for the public to comment orally or
in writing. Transcripts of hearings are not required unless a written request is made. Recordings may be
made in lieu of transcripts. The Commission may make transcripts of hearings if it so chooses. Rules
may be grouped together in the same hearing for convenience of the Commission.
Following the hearing, the Commission must consider all comments received from the public. A majority
vote of the Commission is required for adoption of rules and the Commission may decide the effective
date of the rule.
The Commission has the authority to consider and adopt emergency rules, without prior notice, if there
is an imminent threat to public health, safety, or welfare; to prevent a loss of funds of the Commission
or a party state; or to meet a deadline for the promulgation of an administrative rule that is required by
federal law. The standard rule-making procedure is to be applied retroactively as soon as possible but
no later than 90 days after the effective date of the emergency rule.
Oversight, Dispute Resolution and Enforcement (Article XII)
The executive, legislative, and judicial branches of state government in each compact state is charged
with enforcing the compact and must take any necessary action to effectuate its purpose and intent.
STORAGE NAME: h0033z1.DOCX PAGE: 10
DATE: 6/6/2023
The Commission is entitled to receive service of process relating to its powers, responsibilities, or
actions, and may intervene in any proceeding affecting such.
If a party state defaults in the performance of its duties or responsibilities under the compact, the
Commission must notify the defaulting state, as well as other party states, in writing of the nature of the
default and proposed cure of the default. The Commission will also provide remedial training and
technical assistance related to the default. If the defaulting state fails to cure the default, the
Commission may terminate its membership in PSYPACT, upon majority affirmative vote of the majority
of the administrators. The Commission must notify the governor and the majority and minority leaders
of the defaulting state’s legislature, as well as all compact states, of its intent to suspend or terminate
the state’s membership in the compact. However, termination of membership is to only be imposed
after all other means of compliance have been exhausted.
A termination of membership in the compact may be appealed by petitioning the U.S. District Court for
the state of Georgia or the federal district in which the compact’s principal office is located. The
compact’s principal office is located in Tyrone, Georgia. The Commission may also bring an action in
federal court against a defaulting state to enforce compliance with the provisions of the compact. The
Commission may seek injunctive relief, damages, or any other remedies available under state or
federal law. A prevailing party in either action is entitled to court costs and reasonable attorneys’ fees.
In the event that a dispute arises between party states, the Commission will attempt to resolve such
disputes. The compact directs the Commission to promulgate a rule that provides for mediation and
binding dispute resolution.
Date of Implementation of Psychology Interjurisdictional Compact Commission and Associated
Rules, Withdrawal and Amendment (Article XIII)
The compact became effective on the date of enactment in the seventh compact state, which occurred
on April 9, 2019.
32
States that join after the adoption of the rules shall be subject to the rules as they
exist on the date which the compact becomes law in that state.
To withdraw from PSYPACT, a state must enact a statute repealing the compact. Such withdrawal
does not take effect until six months after the enactment of the repealing legislation. Any adverse
actions or investigations that occur prior to the effective date of a withdrawal must be reported as
required under the compact.
The compact may be amended by the party states; however, an amendment will not be effective until it
is enacted into the laws of all compact states.
Construction and Severability (XIV)
This compact is to be liberally construed to effectuate its purposes. PSYPACT contains a severability
clause that provides that if the entire compact is found to be held contrary to the constitution of any
state member thereto, the compact shall remain in full force and effect as to the remaining compact
states.
Effect of the Bill
Psychologist Licensure Compact
CS/HB 33 enacts the Psychology Interjurisdictional Compact (see description of compact provisions in
the Background section) and authorizes Florida to enter into the compact with all other jurisdictions that
32
PSYPACT, History, https://psypact.site-ym.com/page/History (last visited May 9, 2023).
STORAGE NAME: h0033z1.DOCX PAGE: 11
DATE: 6/6/2023
have legally joined the compact. This allows an eligible Florida licensed psychologist to provide
services to out-of-state patients through either telehealth or a temporary authorization to practice.
The bill amends current law to allow PSYPACT implementation. It requires DOH to report any
significant investigation information relating to a psychologist practicing under the compact to the
coordinated database. It requires psychologists practicing under the compact to withdraw from all
practice under the compact if the psychologist is in an impaired practitioner program. It requires the
Board of Psychology (Board) to appoint an individual to serve on the Commission and exempts out-of-
state licensed psychologists who practice under the compact from psychologist licensure requirements
in this state. The bill authorizes the Board to take adverse action against a psychologist’s authority to
practice under the compact and impose disciplinary actions for violation of prohibited acts.
The bill makes conforming changes to statute to reference the compact and the requirements under the
compact. The bill does not require changes to Florida’s licensure and license renewal requirements.
Sovereign Immunity
The bill provides that an individual of the Board, when serving as the state administrator of the
compact, and any administrator, officer, executive director, employee, or representative of the
Commission, when acting within the scope of their employment, duties, or responsibilities in this state,
are considered agents of the state. The bill also provides that the Commission will pay any claims or
judgments pursuant to s. 768.28, F.S., and may maintain insurance coverage to pay any such claims or
judgements.
The bill provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DOH estimates one full-time equivalent (FTE) position will be needed to implement the provisions of
the bill at a total cost of $59,312 ($46,698/Salary $12,272/Expense $342/Human Resources).
33
A
review of the department’s vacant positions shows there are sufficient existing vacancies from
which resources can be redirected to fund a new position to implement the provisions of this bill.
These positions have been vacant for over 180 days, and the department has the ability to
internally reorganize personnel as needed.
DOH may experience an increase in cost related to annual membership with PSYPACT. However,
it is anticipated that current budget authority is sufficient to absorb the cost. DOH may also
experience an increase in cost related to additional complaints and investigations, updating
licensure systems, establishing a process to share information with the compact’s coordinated
33
Department of Health Agency Analysis of 2023 House Bill 33 (Jan. 12, 2023).
STORAGE NAME: h0033z1.DOCX PAGE: 12
DATE: 6/6/2023
database, and updating existing data exchange services which also can be absorbed with current
resources.
34
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Fees associated with applying for a license in a compact state would be eliminated for a
psychologist whose home state is Florida and wants to practice in a compact state, as well as a
psychologist whose home state is in a compact state and wishes to practice in Florida.
D. FISCAL COMMENTS:
None.
34
Id.