25 LC 61 0036/AP
House Bill 81 (AS PASSED HOUSE AND SENATE)
By: Representatives Ballard of the 147
th
, Erwin of the 32
nd
, Townsend of the 179
th
, Persinger
of the 119
th
, Dubnik of the 29
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 20 of the Official Code of Georgia Annotated, relating to
1
education compacts, so as to enter into the Interstate Compact for School Psychologists; to2
provide for a short title; to provide for definitions; to provide for the provisions of the3
compact; to provide for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 6 of Title 20 of the Official Code of Georgia Annotated, relating to education7
compacts, is amended by adding a new article to read as follows:8
"ARTICLE 3
9
20-6-25.10
This article shall be known and may be cited as the 'Interstate Compact for School11
Psychologists.'12
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20-6-26.13
As used in this article, the term:14
(1) 'License' means, with reference to this state, a school psychology certificate issued15
by the Professional Standards Commission.16
(2) 'State licensing authority' means, with reference to this state, the Professional17
Standards Commission.18
20-6-27.19
The Interstate Compact for School Psychologists is enacted into law and entered into with20
all other jurisdictions legally joining therein in the form substantially as follows:21
'INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS22
SECTION 1. PURPOSE23
The purpose of this compact is to facilitate the interstate practice of school psychology in24
educational or school settings, and in so doing to improve the availability of school25
psychological services to the public. This compact is intended to establish a pathway to26
allow school psychologists to obtain equivalent licenses to provide school psychological27
services in any member state. In this way, this compact shall enable the member states to28
ensure that safe and effective school psychological services are available and delivered by29
appropriately qualified professionals in their educational settings.30
To facilitate the objectives described above, this compact:31
(1) Enables school psychologists who qualify for receipt of an equivalent license to32
practice in other member states without first satisfying burdensome and duplicative33
requirements;34
(2) Promotes the mobility of school psychologists between and among the member states35
in order to address workforce shortages and to ensure that safe and reliable school36
psychological services are available in each member state;37
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(3) Enhances the public accessibility of school psychological services by increasing the38
availability of qualified, licensed school psychologists through the establishment of an39
efficient and streamlined pathway for licensees to practice in other member states;40
(4) Preserves and respects the authority of each member state to protect the health and41
safety of its residents by ensuring that only qualified, licensed professionals are42
authorized to provide school psychological services within that state;43
(5) Requires school psychologists practicing within a member state to comply with the44
scope of practice laws present in the state where the school psychological services are45
being provided;46
(6) Promotes cooperation between the member states in regulating the practice of school47
psychology within those states; and48
(7) Facilitates the relocation of military members and their spouses who are licensed to49
provide school psychological services.50
SECTION 2. DEFINITIONS51
(a) "Active military member" means any person with full-time duty status in the armed52
forces of the United States, including members of the National Guard and Reserve.53
(b) "Adverse action" means disciplinary action or encumbrance imposed on a license by54
a state licensing authority.55
(c) "Alternative program" means a nondisciplinary, prosecutorial diversion, monitoring,56
or practice remediation process entered into in lieu of an adverse action which is applicable57
to a school psychologist and approved by the state licensing authority of a member state58
in which the participating school psychologist is licensed. This includes, but is not limited59
to, programs to which licensees with substance abuse or addiction issues may be referred60
in lieu of an adverse action.61
(d) "Commissioner" means the individual appointed by a member state to serve as the62
representative to the commission for that member state.63
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(e) "Compact" means this school psychologist interstate licensure compact.64
(f) "Continuing professional education" means a requirement, imposed by a member state65
as a condition of license renewal to provide evidence of successful participation in66
professional educational activities relevant to the provision of school psychological67
services.68
(g) "Criminal background check" means the submission of fingerprints or other69
biometric-information for a license applicant for the purpose of obtaining that applicant's70
criminal history record information, as defined in 28 C.F.R. § 20.3(d), and the state's71
criminal history record repository as defined in 28 C.F.R. § 20.3(f).72
(h) "Doctoral level degree" means a graduate degree program that consists of at least 9073
graduate semester hours in the field of school psychology including a supervised74
internship.75
(i) "Encumbered license" means a license that a state licensing authority has limited in any76
way other than through an alternative program, including temporary or provisional licenses.77
(j) "Executive committee" means the commission's chair, vice chair, secretary and78
treasurer and any other commissioners as may be determined by commission rule or bylaw.79
(k) "Equivalent license" means a license to practice school psychology which a member80
state has identified as a license which may be provided to school psychologists from other81
member states pursuant to this compact.82
(l) "Home state" means the member state that issued the home state license to the licensee83
and is the licensee's primary state of practice.84
(m) "Home state license" means the license that is not an encumbered license issued by85
the home state to provide school psychological services.86
(n) "License" means a current license, certification, or other authorization granted by a87
member state's licensing authority that permits an individual to provide school88
psychological services.89
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(o) "Licensee" means an individual who holds a license from a member state to provide90
school psychological services.91
(p) "Member state" means a state that has enacted the compact and been admitted to the92
commission in accordance with the provisions herein and commission rules.93
(q) "Model compact" means the model language for the school psychologist interstate94
licensure compact on file with the council of state governments or other entity as95
designated by the commission.96
(r) "Practice of school psychology" means the delivery school psychological services.97
(s) "Qualifying national exam" means a national licensing examination endorsed by the98
national association of school psychologists and any other exam as approved by the rules99
of the commission.100
(t) "Qualifying school psychologist education program" means an education program101
which awards a specialist-level or doctoral-level degree or equivalent upon completion and102
is approved by the rules of the commission as meeting the necessary minimum educational103
standards to ensure that its graduates are ready, qualified, and able to engage in the practice104
of school psychology.105
(u) "Remote state" means a member state other than the home state where a licensee holds106
a license through the compact.107
(v) "Rule" means a regulation promulgated by an entity, including, but not limited to, the108
commission and the state licensing authority of each member state, that has the force of109
law.110
(w) "School psychological services" means academic, mental and behavioral health111
services including assessment, prevention, consultation and collaboration, intervention, and112
evaluation provided by a school psychologist in a school, as outlined in applicable113
professional standards as determined by commission rule.114
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(x) "School psychologist" means an individual who has met the requirements to obtain a115
home state license that legally conveys the professional title of school psychologist, or its116
equivalent as determined by the rules of the commission.117
(y) "School psychologist interstate licensure compact commission" or "commission" means118
the joint government agency established by this compact whose membership consists of119
representatives from each member state that has enacted the compact, and as further120
described in Section 7.121
(z) "Scope of practice" means the procedures, actions, and processes a school psychologist122
licensed in a state is permitted to undertake in that state and the circumstances under which123
that licensee is permitted to undertake those procedures, actions, and processes. Such124
procedures, actions, and processes, and the circumstances under which they may be125
undertaken, may be established through means including, but not limited to, statute,126
regulations, case law, and other processes available to the state licensing authority or other127
government agency.128
(aa) "Specialist-level degree" means a degree program that requires at least 60 graduate129
semester hours or equivalent in the field of school psychology including a supervised130
internship.131
(bb) "State" means any state, commonwealth, district, or territory of the United States of132
America.133
(cc) "State licensing authority" means a member state's regulatory body responsible for134
issuing licenses or otherwise overseeing the practice of school psychology.135
(dd) "State specific requirement" means a requirement for licensure covered in coursework136
or examination that includes content of unique interest to the state.137
(ee) "Unencumbered license" means a license that authorizes a licensee to engage in the138
full and unrestricted practice of school psychology.139
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SECTION 3. STATE PARTICIPATION IN THE COMPACT140
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state141
must:142
(1) Enact a compact statute that is not materially different from the model compact as143
defined in the commission's rules;144
(2) Participate in the sharing of information with other member states as reasonably145
necessary to accomplish the objectives of this compact, and as further defined in146
Section 8;147
(3) Identify and maintain with the commission a list of equivalent licenses available to148
licensees who hold a home state license under this compact;149
(4) Have a mechanism in place for receiving and investigating complaints about150
licensees;151
(5) Notify the commission, in compliance with the terms of the compact and the152
commission's rules, of any adverse action taken against a licensee, or of the availability153
of investigative information which relates to a licensee or applicant for licensure;154
(6) Require that applicants for a home state license have:155
(A) Taken and passed a qualifying national exam as defined by the rules of the156
commission;157
(B) Completed a minimum of 1200 hours of supervised internship, of which at158
least 600 must have been completed in a school, prior to being approved for licensure;159
and160
(C) Graduated from a qualifying school psychologist education program;161
(7) Comply with the terms of this compact and the rules of the commission.162
(b) Each member state shall grant an equivalent license to practice school psychology in163
that state upon application by a licensee who satisfies the criteria of subsection (a) of164
Section 4. Each member state shall grant renewal of the equivalent license to a licensee165
who satisfies the criteria of subsection (b) of Section 4.166
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(c) Member states may set and collect a fee for granting an equivalent license.167
SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT168
(a) To obtain and maintain an equivalent license from a remote state under this compact,169
a licensee must:170
(1) Hold and maintain an active home state license;171
(2) Satisfy any applicable state specific requirements established by the member state172
after an equivalent license is granted;173
(3) Complete any administrative or application requirements which the commission may174
establish by rule, and pay any associated fees;175
(4) Complete any requirements for renewal in the home state, including applicable176
continuing professional education requirements; and177
(5) Upon their application to receive a license under this compact, undergo a criminal178
background check in the member state in which the equivalent license is sought in179
accordance with the laws and regulations of such member state.180
(b) To renew an equivalent license in a member state other than the home state, a licensee181
must only apply for renewal, complete a background check, and pay renewal fees as182
determined by the licensing authority.183
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES184
A licensee who is an active military member or is the spouse of an active military member185
shall be deemed to hold a home state license in any of the following locations:186
(1) The licensee's permanent residence;187
(2) A member state that is the licensee's primary state of practice; and188
(3) A member state where the licensee has relocated pursuant to a permanent change of189
station (PCS).190
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SECTION 6. DISCIPLINE/ADVERSE ACTIONS191
(a) Nothing in this compact shall be deemed or construed to limit the authority of a192
member state to investigate or impose disciplinary measures on licensees according to the193
state practice laws thereof.194
(b) Member states shall be authorized to receive, and shall provide, files and information195
regarding the investigation and discipline, if any, of licensees in other member states upon196
request. Any member state receiving such information or files shall protect and maintain197
the security and confidentiality thereof, in at least the same manner that it maintains its own198
investigatory or disciplinary files and information. Prior to disclosing any disciplinary or199
investigatory information received from another member state, the disclosing state shall200
communicate its intention and purpose for such disclosure to the member state which201
originally provided that information.202
SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST203
INTERSTATE LICENSURE COMPACT COMMISSION204
(a) The member states hereby create and establish a joint government agency whose205
membership consists of all member states that have enacted the compact, and this agency206
shall be known as the school psychologist interstate licensure compact commission. The207
commission is an instrumentality of the member states acting jointly and not an208
instrumentality of any one state. The commission shall come into existence on or after the209
effective date of the compact as set forth in Section 11.210
(b) Membership, voting, and meetings:211
(1) Each member state shall have and be limited to one delegate selected by that member212
state's state licensing authority.213
(2) The delegate shall be the primary administrative officer of the member state licensing214
authority or their designee who is an employee of the member state licensing authority.215
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(3) The commission shall by rule or bylaw establish a term of office for delegates and216
may by rule or bylaw establish term limits.217
(4) The commission may recommend removal or suspension of any delegate from office.218
(5) A member state's licensing authority shall fill any vacancy of its delegate occurring219
on the commission within 60 days of the vacancy.220
(6) Each delegate shall be entitled to one vote on all matters before the commission221
requiring a vote by commission delegates.222
(7) A delegate shall vote in person or by such other means as provided in the bylaws.223
The bylaws may provide for delegates to meet by telecommunication, video conference,224
or other means of communication.225
(8) The commission shall meet at least once during each calendar year. Additional226
meetings may be held as set forth in the bylaws. The commission may meet by227
telecommunication, video conference or other similar electronic means.228
(c) The commission shall have the following powers:229
(1) Establish the fiscal year of the commission;230
(2) Establish code of conduct and conflict of interest policies;231
(3) Establish and amend rules and bylaws;232
(4) Establish the procedure through which a licensee may change their home state;233
(5) Maintain its financial records in accordance with the bylaws;234
(6) Meet and take such actions as are consistent with the provisions of this compact, the235
commission's rules, and the bylaws;236
(7) Initiate and conclude legal proceedings or actions in the name of the commission,237
provided that the standing of any member state licensing authority to sue or be sued under238
applicable law shall not be affected;239
(8) Maintain and certify records and information provided to a member state as the240
authenticated business records of the commission, and designate an agent to do so on the241
commission's behalf;242
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(9) Purchase and maintain insurance and bonds;243
(10) Borrow, accept, or contract for services of personnel, including, but not limited to,244
employees of a member state;245
(11) Conduct an annual financial review;246
(12) Hire employees, elect or appoint officers, fix compensation, define duties, grant247
such individuals appropriate authority to carry out the purposes of the compact, and248
establish the commission's personnel policies and programs relating to conflicts of249
interest, qualifications of personnel, and other related personnel matters;250
(13) Assess and collect fees;251
(14) Accept any and all appropriate gifts, donations, grants of money, other sources of252
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose253
of the same; provided that at all times the commission shall avoid any appearance of254
impropriety and/or conflict of interest;255
(15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or256
mixed, or any undivided interest therein;257
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of258
any property real, personal, or mixed;259
(17) Establish a budget and make expenditures;260
(18) Borrow money;261
(19) Appoint committees, including standing committees, composed of members, state262
regulators, state legislators or their representatives, and consumer representatives, and263
such other interested persons as may be designated in this compact and the bylaws;264
(20) Provide and receive information from, and cooperate with, law enforcement265
agencies;266
(21) Establish and elect an executive committee, including a chair and a vice chair;267
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(22) Determine whether a state's adopted language is materially different from the model268
compact language such that the state would not qualify for participation in the compact;269
and270
(23) Perform such other functions as may be necessary or appropriate to achieve the271
purposes of this compact.272
(d) The executive committee:273
(1) The executive committee shall have the power to act on behalf of the commission274
according to the terms of this compact. The powers, duties, and responsibilities of the275
executive committee shall include:276
(A) Oversee the day-to-day activities of the administration of the compact including277
enforcement and compliance with the provisions of the compact, its rules and bylaws,278
and other such duties as deemed necessary;279
(B) Recommend to the commission changes to the rules or bylaws, changes to this280
compact legislation, fees charged to member states, fees charged to licensees, and other281
fees;282
(C) Ensure compact administration services are appropriately provided, including by283
contract;284
(D) Prepare and recommend the budget;285
(E) Maintain financial records on behalf of the commission;286
(F) Monitor compact compliance of member states and provide compliance reports to287
the commission;288
(G) Establish additional committees as necessary;289
(H) Exercise the powers and duties of the commission during the interim between290
commission meetings, except for adopting or amending rules, adopting or amending291
bylaws, and exercising any other powers and duties expressly reserved to the292
commission by rule or bylaw; and293
(I) Other duties as provided in the rules or bylaws of the commission.294
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(2) The executive committee shall be composed of up to seven members:295
(A) The chair and vice chair of the commission shall be voting members of the296
executive committee; and297
(B) The commission shall elect five voting members from the current membership of298
the commission.299
(3) The commission may remove any member of the executive committee as provided300
in the commission's bylaws.301
(4) The executive committee shall meet at least annually.302
(A) Executive committee meetings shall be open to the public, except that the303
executive committee may meet in a closed, non-public meeting as provided in304
subsection (f) of this section.305
(B) The executive committee shall give 30 days' notice of its meetings, posted on its306
website and as determined to provide notice to persons with an interest in the business307
of the commission.308
(C) The executive committee may hold a special meeting in accordance with309
subsection (e) of this section.310
(D) The commission shall adopt and provide to the member states an annual report.311
(E) Meetings of the commission:312
(i) All meetings shall be open to the public, except that the commission may meet in313
a closed, non-public meeting as provided in subsection (f) of this section.314
(ii) Public notice for all meetings of the full commission of meetings shall be given315
in the same manner as required under the rule making provisions in Section 9, except316
that the commission may hold a special meeting as provided in subsection (e) of this317
section.318
(e) The commission may hold a special meeting when it must meet to conduct emergency319
business by giving 48 hours' notice to all commissioners, on the commission's website, and320
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other means as provided in the commission's rules. The commission's legal counsel shall321
certify that the commission's need to meet qualifies as an emergency.322
(f) The commission or the executive committee or other committees of the commission323
may convene in a closed, non-public meeting for the commission or executive committee324
or other committees of the commission to receive legal advice or to discuss:325
(1) Noncompliance of a member state with its obligations under the compact;326
(2) The employment, compensation, discipline or other matters, practices or procedures327
related to specific employees;328
(3) Current or threatened discipline of a licensee by the commission or by a member329
state's licensing authority;330
(4) Current, threatened, or reasonably anticipated litigation;331
(5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real332
estate;333
(6) Accusing any person of a crime or formally censuring any person;334
(7) Trade secrets or commercial or financial information that is privileged or335
confidential;336
(8) Information of a personal nature where disclosure would constitute a clearly337
unwarranted invasion of personal privacy;338
(9) Investigative records compiled for law enforcement purposes;339
(10) Information related to any investigative reports prepared by or on behalf of or for340
use of the commission or other committee charged with responsibility of investigation or341
determination of compliance issues pursuant to the compact;342
(11) Matters specifically exempted from disclosure by federal or member state law; or343
(12) Other matters as promulgated by the commission by rule.344
(g) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the345
meeting will be closed and reference each relevant exempting provision, and such reference346
shall be recorded in the minutes.347
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(h) The commission shall keep minutes that fully and clearly describe all matters discussed348
in a meeting and shall provide a full and accurate summary of actions taken, and the349
reasons therefore, including a description of the views expressed. All documents350
considered in connection with an action shall be identified in such minutes. All minutes351
and documents of a closed meeting shall remain under seal, subject to release only by a352
majority vote of the commission or order of a court of competent jurisdiction.353
(i) Financing of the commission:354
(1) The commission shall pay, or provide for the payment of, the reasonable expenses355
of its establishment, organization, and ongoing activities.356
(2) The commission may accept any and all appropriate revenue sources as provided357
in paragraph (13) of subsection (c) of Section 7.358
(3) The commission may levy on and collect an annual assessment from each member359
state and impose fees on licensees practicing in the member states under an equivalent360
license to cover the cost of the operations and activities of the commission and its staff,361
which must be in a total amount sufficient to cover its annual budget as approved each362
year for which revenue is not provided by other sources. The aggregate annual363
assessment amount for member states shall be allocated based upon a formula that the364
commission shall promulgate by rule.365
(4) The commission shall not incur obligations of any kind prior to securing the funds366
adequate to meet the same; nor shall the commission pledge the credit of any of the367
member states, except by and with the authority of the member state.368
(5) The commission shall keep accurate accounts of all receipts and disbursements. The369
receipts and disbursements of the commission shall be subject to the financial review and370
accounting procedures established under its bylaws. However, all receipts and371
disbursements of funds handled by the commission shall be subject to an annual financial372
review by a certified or licensed public accountant, and the report of the financial review373
shall be included in and become part of the annual report of the commission.374
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(j) Qualified immunity, defense, and indemnification:375
(1) The members, officers, executive director, employees and representatives of the376
commission shall be immune from suit and liability, both personally and in their official377
capacity, for any claim for damage to or loss of property or personal injury or other civil378
liability caused by or arising out of any actual or alleged act, error, or omission that379
occurred, or that the person against whom the claim is made had a reasonable basis for380
believing occurred within the scope of commission employment, duties or381
responsibilities; provided that nothing in this paragraph shall be construed to protect any382
such person from suit or liability for any damage, loss, injury, or liability caused by the383
intentional or willful or wanton misconduct of that person. The procurement of insurance384
of any type by the commission shall not in any way compromise or limit the immunity385
granted hereunder.386
(2) The commission shall defend any member, officer, executive director, employee, and387
representative of the commission in any civil action seeking to impose liability arising388
out of any actual or alleged act, error, or omission that occurred within the scope of389
commission employment, duties, or responsibilities, or as determined by the commission390
that the person against whom the claim is made had a reasonable basis for believing391
occurred within the scope of commission employment, duties, or responsibilities;392
provided that nothing herein shall be construed to prohibit that person from retaining their393
own counsel at their own expense; and provided further, that the actual or alleged act,394
error, or omission did not result from that person's intentional or willful or wanton395
misconduct.396
(3) The commission shall indemnify and hold harmless any member, officer, executive397
director, employee, and representative of the commission for the amount of any398
settlement or judgment obtained against that person arising out of any actual or alleged399
act, error, or omission that occurred within the scope of commission employment, duties,400
or responsibilities, or that such person had a reasonable basis for believing occurred401
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within the scope of commission employment, duties, or responsibilities, provided that the402
actual or alleged act, error, or omission did not result from the intentional or willful or403
wanton misconduct of that person.404
(4) Nothing herein shall be construed as a limitation on the liability of any licensee for405
professional malpractice or misconduct, which shall be governed solely by any other406
applicable state laws.407
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member408
state's state action immunity or state action affirmative defense with respect to antitrust409
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or410
anticompetitive law or regulation.411
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by412
the member states or by the commission.413
SECTION 8. FACILITATING INFORMATION EXCHANGE414
(a) The commission shall provide for facilitating the exchange of information to administer415
and implement the provisions of this compact in accordance with the rules of the416
commission, consistent with generally accepted data protection principles.417
(b) Notwithstanding any other provision of state law to the contrary, a member state shall418
agree to provide for the facilitation of the following licensee information as required by the419
rules of the commission, including:420
(1) Identifying information;421
(2) Licensure data;422
(3) Adverse actions against a license and information related thereto;423
(4) Nonconfidential information related to alternative program participation, the424
beginning and ending dates of such participation, and other information related to such425
participation not made confidential under member state law;426
(5) Any denial of application for licensure, and the reason(s) for such denial;427
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(6) The presence of investigative information; and428
(7) Other information that may facilitate the administration of this compact or the429
protection of the public, as determined by the rules of the commission.430
(c) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the431
power of a member state to control and maintain ownership of its licensee information or432
alter, limit, or inhibit the laws or regulations governing licensee information in the member433
state.434
SECTION 9. RULE MAKING435
(a) The commission shall exercise its rule making powers pursuant to the criteria set forth436
in this interstate compact and the rules adopted thereunder. Rules and amendments shall437
become binding as of the date specified in each rule or amendment.438
(b) The commission shall promulgate reasonable rules to achieve the intent and purpose439
of this interstate compact. In the event the commission exercises its rule making authority440
in a manner that is beyond purpose and intent of this interstate compact, or the powers441
granted hereunder, then such an action by the commission shall be invalid and have no442
force and effect of law in the member states.443
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a444
statute or resolution in the same manner used to adopt the compact within four years of the445
date of adoption of the rule, then such rule shall have no further force and effect in any446
member state.447
(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special448
meeting of the commission in accordance with commission rules and bylaws.449
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at450
least 30 days in advance of the meeting at which the rule will be considered and voted451
upon, the commission shall file a notice of proposed rule making:452
(1) On the website of the commission or other publicly accessible platform; and453
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(2) On the website of each member state licensing authority or other publicly accessible454
platform or the publication in which each state would otherwise publish proposed rules.455
(f) Upon determination that an emergency exists, the commission may consider and adopt456
an emergency rule with 48 hours' notice, with opportunity to comment, provided that the457
usual rule making procedures shall be retroactively applied to the rule as soon as458
reasonably possible, in no event later than 90 days after the effective date of the rule. For459
the purposes of this provision, an emergency rule is one that must be adopted immediately460
in order to:461
(1) Meet an imminent threat to public health, safety, or welfare;462
(2) Prevent a loss of commission or member state funds;463
(3) Meet a deadline for the promulgation of an administrative rule that is established by464
federal law or rule; or465
(4) Protect public health and safety.466
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT467
(a) Oversight:468
(1) The executive and judicial branches of the state government in each member state469
shall enforce this compact and take all actions necessary and appropriate to implement470
the compact.471
(2) Venue is proper and judicial proceedings by or against the commission shall be472
brought solely and exclusively in a court of competent jurisdiction where the principal473
office of the commission is located. The commission may waive venue and jurisdictional474
defenses to the extent it adopts or consents to participate in alternative dispute resolution475
proceedings. Nothing herein shall affect or limit the selection or propriety of venue in476
any action against a licensee for professional malpractice, misconduct or any such similar477
matter.478
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(3) The commission shall be entitled to receive service of process in any proceeding479
regarding the enforcement or interpretation of the compact and shall have standing to480
intervene in such a proceeding for all purposes. Failure to provide the commission481
service of process shall render a judgment or order void as to the commission, this482
compact, or promulgated rules.483
(b) Default, technical assistance, and termination:484
(1) If the commission determines that a member state has defaulted in the performance485
of its obligations or responsibilities under this compact or the promulgated rules, the486
commission shall provide written notice to the defaulting state. The notice of default 487
shall describe the default, the proposed means of curing the default, and any other action488
that the commission may take, and shall offer training and specific technical assistance489
regarding the default.490
(2) The commission shall provide a copy of the notice of default to the other member491
states.492
(c) If a state in default fails to cure the default, the defaulting state may be terminated from493
the compact upon an affirmative vote of a supermajority of the delegates of the member494
states, and all rights, privileges and benefits conferred on that state by this compact may495
be terminated on the effective date of termination. A cure of the default does not relieve496
the offending state of obligations or liabilities incurred during the period of default.497
(d) Termination of membership in the compact shall be imposed only after all other means498
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall499
be given by the commission to the governor, the majority and minority leaders of the500
defaulting state's legislature, the defaulting state's licensing authority and each of the501
member states' licensing authorities.502
(e) A state that has been terminated is responsible for all assessments, obligations, and503
liabilities incurred through the effective date of termination, including obligations that504
extend beyond the effective date of termination.505
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(f) Upon the termination of a state's membership from this compact, that state shall506
immediately provide notice to all licensees within that state of such termination. The507
terminated state shall continue to recognize all licenses granted pursuant to this compact508
for a minimum of six months after the date of said notice of termination.509
(g) The commission shall not bear any costs related to a state that is found to be in default510
or that has been terminated from the compact, unless agreed upon in writing between the511
commission and the defaulting state.512
(h) The defaulting state may appeal the action of the commission by petitioning the United513
States District Court for the District of Columbia or the federal district where the514
commission has its principal offices. The prevailing party shall be awarded all costs of515
such litigation, including reasonable attorney's fees.516
(i) Dispute resolution:517
(1) Upon request by a member state, the commission shall attempt to resolve disputes518
related to the compact that arise among member states and between member and519
nonmember states.520
(2) The commission shall promulgate a rule providing for both mediation and binding521
dispute resolution for disputes as appropriate.522
(j) Enforcement:523
(1) By majority vote as provided by rule, the commission may initiate legal action524
against a member state in default in the United States District Court for the District of525
Columbia or the federal district where the commission has its principal offices to enforce526
compliance with the provisions of the compact and its promulgated rules. The relief527
sought may include both injunctive relief and damages. In the event judicial enforcement528
is necessary, the prevailing party shall be awarded all costs of such litigation, including529
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the530
commission. The commission may pursue any other remedies available under federal or531
the defaulting member state's law.532
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(2) A member state may initiate legal action against the commission in the United States533
District Court for the District of Columbia or the federal district where the commission534
has its principal offices to enforce compliance with the provisions of the compact and its535
promulgated rules. The relief sought may include both injunctive relief and damages. 536
In the event judicial enforcement is necessary, the prevailing party shall be awarded all537
costs of such litigation, including reasonable attorney's fees.538
(3) No person other than a member state shall enforce this compact against the539
commission.540
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT541
(a) The compact shall come into effect on the date on which the compact statute is enacted542
into law in the seventh member state.543
(1) On or after the effective date of the compact indicated above, the commission shall544
convene and review the enactment of each of the charter member states to determine if545
the statute enacted by each such charter member state is materially different than the546
model compact statute.547
(A) A charter member state whose enactment is found to be materially different from548
the model compact statute shall be entitled to the default process set forth in Section 10.549
(B) If any member state is later found to be in default, or is terminated or withdraws550
from the compact, the commission shall remain in existence and the compact shall551
remain in effect even if the number of member states should be less than seven.552
(2) Member states enacting the compact subsequent to the charter member states shall553
be subject to the process set forth in paragraph (22) of subsection (c) of Section 7 to554
determine if their enactments are materially different from the model compact statute and555
whether they qualify for participation in the compact.556
(3) All actions taken for the benefit of the commission or in furtherance of the purposes557
of the administration of the compact prior to the effective date of the compact or the558
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commission coming into existence shall be considered to be actions of the commission559
unless specifically repudiated by the commission.560
(A) Any state that joins the compact subsequent to the commission's initial adoption561
of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date562
on which the compact becomes law in that state. Any rule that has been previously563
adopted by the commission shall have the full force and effect of law on the day the564
compact becomes law in that state.565
(B) Any member state may withdraw from this compact by enacting a statute repealing566
the same.567
(b) A member state's withdrawal shall not take effect until 180 days after enactment of the568
repealing statute.569
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's570
licensing authority to comply with the investigative and adverse action reporting571
requirements of this compact prior to the effective date of withdrawal.572
(d) Upon the enactment of a statute withdrawing from this compact, a state shall573
immediately provide notice of such withdrawal to all licensees within that state.574
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing575
state shall continue to recognize all licenses granted pursuant to this compact for a576
minimum of six months after the date of such notice of withdrawal.577
(1) Nothing contained in this compact shall be construed to invalidate or prevent any578
licensure agreement or other cooperative arrangement between a member state and a579
nonmember state that does not conflict with the provisions of this compact.580
(2) This compact may be amended by the member states. No amendment to this581
compact shall become effective and binding upon any member state until it is enacted582
into the laws of all member states.583
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SECTION 12. CONSTRUCTION AND SEVERABILITY584
(a) This compact and the commission's rule making authority shall be liberally construed585
so as to effectuate the purposes, and the implementation and administration of the compact.586
Provisions of the compact expressly authorizing or requiring the promulgation of rules587
shall not be construed to limit the commission's rule making authority solely for those588
purposes.589
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence590
or provision of this compact is held by a court of competent jurisdiction to be contrary to591
the constitution of any member state, a state seeking participation in the compact, or of the592
United States, or the applicability thereof to any government, agency, person or593
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity594
of the remainder of this compact and the applicability thereof to any other government,595
agency, person or circumstance shall not be affected thereby.596
(c) Notwithstanding subsection (b) of this section, the commission may deny a state's597
participation in the compact or, in accordance with the requirements of subsection (b) of598
Section 10, terminate a member state's participation in the compact, if it determines that599
a constitutional requirement of a member state is a material departure from the compact.600
Otherwise, if this compact shall be held to be contrary to the constitution of any member601
state, the compact shall remain in full force and effect as to the remaining member states602
and in full force and effect as to the member state affected as to all severable matters.603
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH604
OTHER STATE LAWS605
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member606
state that is not inconsistent with the compact.607
(b) Any laws, statutes, regulations, or other legal requirements in a member state in608
conflict with the compact are superseded to the extent of the conflict.609
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(c) All permissible agreements between the commission and the member states are binding610
in accordance with their terms.'611
20-6-28.612
The Professional Standards Commission shall be authorized to promulgate rules and613
regulations to implement the provisions of this article."614
SECTION 2.615
All laws and parts of laws in conflict with this Act are repealed.616
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