Hawaii 2025 Regular Session

Hawaii Senate Bill SB1552 Compare Versions

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1	1	THE SENATE S.B. NO. 1552 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to the psychology interjurisdictionAL compact. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1552
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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31	31	A BILL FOR AN ACT
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37	37	relating to the psychology interjurisdictionAL compact.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that safeguarding, enhancing, and prioritizing the mental health of the people is essential not only for the well-being of individuals but also for the broader public interest. Protection of mental health contributes to a healthier, more resilient society, benefiting all members of the community. The legislature recognizes that there is a growing demand for mental health care services, particularly on the neighbor islands and in rural and underserved areas. Despite this need, the current shortage of mental health professionals and services fails to meet the increasing demand, leaving countless individuals without the critical care they deserve. This lack of access disproportionately affects vulnerable populations, such as the elderly, those with mobility challenges, and youth who face identity-based harassment or rejection. The legislature also finds reports of neighbor island communities experiencing a critical lack of access to care for the mental and physical well-being of vulnerable members of the LGBTQ+ community, particularly youth, who face alarmingly high rates of suicide attempts. Accessing mental health care services provided by licensed psychologists is crucial to providing essential care and ultimately lowering the suicide rates within this vulnerable population. The legislature further finds that over forty states have already joined the psychology interjurisdictional compact to address similar issues of access. Participating in this compact will enable vulnerable kamaaina to return home without risking the loss of critical relationships with long time therapists and counselors and help Hawaii meet the growing demand for mental health care needs by reducing barriers for mental health professionals to practice and providing residents with access to a broader pool of qualified mental health professionals through telepsychology and temporary in-person services. Accordingly, the purpose of this Act is to adopt the Psychology Interjurisdictional Compact to: (1) Regulate the day-to-day practice of telepsychology by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; (2) Regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and (3) Require the department of commerce and consumer affairs to adopt rules to implement and administer the compact. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter Psychology InterjurisdictionAL Compact § -1. Short title. This chapter may be cited as the Psychology Interjurisdictional Compact. § -2. Terms and provisions of compact; authorization; governor. The legislature hereby authorizes the governor to enter into a compact on behalf of the State of Hawaii with any other state legally joining therein, in the form substantially as follows: PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT) ARTICLE I PURPOSE Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and Whereas, this Compact does not apply to permanent in‑person, face-to-face practice, it does allow for authorization of temporary psychological practice. Consistent with these principles, this Compact is designed to achieve the following purposes and objectives: 1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology; 2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety; 3. Encourage the cooperation of Compact States in the areas of psychology licensure and regulation; 4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history; 5. Promote compliance with the laws governing psychological practice in each Compact State; and 6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses. ARTICLE II DEFINITIONS A. "Adverse Action" means: Any action taken by a State Psychology Regulatory Authority which finds a violation of a statute or regulation that is identified by the State Psychology Regulatory Authority as discipline and is a matter of public record. B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact State. D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct. E. "Client/Patient" means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services. F. "Commissioner" means: the voting representative appointed by each State Psychology Regulatory Authority pursuant to Article X. G. "Compact State" means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B. H. "Coordinated Licensure Information System" also referred to as "Coordinated Database" means: an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities. I. "Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes. J. "Day" means: any part of a day in which psychological work is performed. K. "Distant State" means: the Compact State where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in‑person, face-to-face psychological services. L. "E.Passport" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) 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. M. "Executive Board" means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. N. "Home State" means: a Compact State where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one Compact State and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact State where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one Compact State and is practicing under the Temporary Authorization to Practice, the Home State is any Compact State where the psychologist is licensed. O. "Identity History Summary" means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies. Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice. R. "License" means: authorization by a State Psychology Regulatory Authority to engage in the independent practice of psychology, which would be unlawful without the authorization. S. "Non-Compact State" means: any State which is not at the time a Compact State. T. "Psychologist" means: an individual licensed for the independent practice of psychology. U. "Psychology Interjurisdictional Compact Commission" also referred to as "Commission" means: the national administration of which all Compact States are members. V. "Receiving State" means: a Compact State where the client/patient is physically located when the telepsychological services are delivered. W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact State, and includes the amendment, repeal or suspension of an existing rule. X. "Significant Investigatory Information" means: 1. Investigative information that a State Psychology Regulatory Authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or 2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond. Y. "State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia. Z. "State Psychology Regulatory Authority" means: the Board, office or other agency with the legislative mandate to license and regulate the practice of psychology. AA. "Telepsychology" means: the provision of psychological services using telecommunication technologies. BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority to conduct temporary in‑person, face-to-face practice, within the limits authorized under this Compact, in another Compact State. CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the Distant State to provide for the practice of psychology for 30 days within a calendar year and based on notification to the Distant State. ARTICLE III HOME STATE LICENSURE A. The Home State shall be a Compact State where a psychologist is licensed to practice psychology. B. A psychologist may hold one or more Compact State licenses at a time. If the psychologist is licensed in more than one Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact. C. Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact. D. Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact. E. A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State: 1. Currently requires the psychologist to hold an active E.Passport; 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals; 3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the Compact; and 5. Complies with the Bylaws and Rules of the Commission. F. A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State: 1. Currently requires the psychologist to hold an active IPC; 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals; 3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the Compact; and 5. Complies with the Bylaws and Rules of the Commission. ARTICLE IV COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY A. Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact. B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must: 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and 2. Hold a graduate degree in psychology that meets the following criteria: a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution; c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; d. The program must consist of an integrated, organized sequence of study; e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; f. The designated director of the program must be a psychologist and a member of the core faculty; g. The program must have an identifiable body of students who are matriculated in that program for a degree; h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology; i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree; and j. The program includes an acceptable residency as defined by the Rules of the Commission. 3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State; 4. Have no history of adverse action that violate the Rules of the Commission; 5. Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission; 6. Possess a current, active E.Passport; 7. Provide attestations in regard to 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 provide a release of information to allow for primary source verification in a manner specified by the Commission; and 8. Meet other criteria as defined by the Rules of the Commission. C. The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology. D. A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State's scope of practice. A Receiving State may, in accordance with that state's due process law, limit or revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State's applicable law to protect the health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission. E. If a psychologist's license in any Home State, another Compact State, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology. ARTICLE V COMPACT TEMPORARY AUTHORIZATION TO PRACTICE A. Compact States shall also recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice temporarily in other Compact States (Distant States) in which the psychologist is not licensed, as provided in the Compact. B. To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must: 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and 2. Hold a graduate degree in psychology that meets the following criteria: a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution; c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; d. The program must consist of an integrated, organized sequence of study; e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; f. The designated director of the program must be a psychologist and a member of the core faculty; g. The program must have an identifiable body of students who are matriculated in that program for a degree; h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology; i. The curriculum shall encompass 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 master's degrees; and j. The program includes an acceptable residency as defined by the Rules of the Commission; 3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State; 4. Have no history of adverse action that violates the Rules of the Commission; 5. Have no criminal record history that violates the Rules of the Commission; 6. Possess a current, active IPC; 7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and 8. Meet other criteria as defined by the Rules of the Commission. C. A psychologist practicing into a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State. D. A psychologist practicing into a Distant State under the Temporary Authorization to Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance with that state's due process law, limit or revoke a psychologist's Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State's applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission. E. If a psychologist's license in any Home State, another Compact State, or any Temporary Authorization to Practice in any Distant State, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State under the Temporary Authorization to Practice. ARTICLE VI CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE A. A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances: 1. The psychologist initiates a client/patient contact in a Home State via telecommunications technologies with a client/patient in a Receiving State; and 2. Other conditions regarding telepsychology as determined by Rules promulgated by the Commission. ARTICLE VII ADVERSE ACTIONS A. A Home State shall have the power to impose adverse action against a psychologist's license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist's Temporary Authorization to Practice within that Distant State. B. A Receiving State may take adverse action on a psychologist's Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice. C. If a Home State takes adverse action against a psychologist's license, that psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and the IPC is revoked. 1. All Home State disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the Rules promulgated by the Commission. A Compact State shall report adverse actions in accordance with the Rules of the Commission; 2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of the Commission; and 3. Other actions may be imposed as determined by the Rules promulgated by the Commission. D. A Home State's Psychology Regulatory Authority shall 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 been engaged in 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. E. A Distant State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under Temporary Authorization to Practice which occurred in that Distant State as it would if such conduct had been engaged in by a licensee within the Home State. In such cases, the Distant State's law shall control in determining any adverse action against a psychologist's Temporary Authorization to Practice. F. Nothing in this Compact shall 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. Compact States must require psychologists who enter any alternative programs to not provide telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or provide temporary psychological services under the Temporary Authorization to Practice in any other Compact State during the term of the alternative program. G. No other judicial or administrative remedies shall be available to a psychologist in the event a Compact State imposes an adverse action pursuant to subsection C, above. ARTICLE VIII ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY A. In addition to any other powers granted under state law, a Compact State's Psychology Regulatory Authority shall have the authority under this Compact to: 1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or the production of evidence from another Compact State shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; 2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice; and 3. During the course of any investigation, a psychologist may not change his/her Home State licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State Psychology Regulatory Authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the Rules of the Commission. All information provided to the Commission or distributed by Compact States pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact States. ARTICLE IX COORDINATED LICENSURE INFORMATION SYSTEM A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists and individuals to whom this Compact is applicable in all Compact States as defined by the Rules of the Commission. B. Notwithstanding any other provision of state law to the contrary, a Compact State shall submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of the Commission, including: 1. Identifying information; 2. Licensure data; 3. Significant investigatory information; 4. Adverse actions against a psychologist's license; 5. An indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is revoked; 6. Non-confidential information related to alternative program participation information; 7. Any denial of application for licensure, and the reasons for such denial; and 8. Other information which may facilitate the administration of this Compact, as determined by the Rules of the Commission. C. The Coordinated Database administrator shall promptly notify all Compact States of any adverse action taken against, or significant investigative information on, any licensee in a Compact State. D. Compact States reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the Compact State reporting the information. E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the Compact State reporting the information shall be removed from the Coordinated Database. ARTICLE X ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION A. The Compact States hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission. 1. The Commission is a body politic and an instrumentality of the Compact States; 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings; and 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. B. Membership, Voting, and Meetings: 1. The Commission shall consist of one voting representative appointed by each Compact State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State. This delegate shall be limited to: a. Executive Director, Executive Secretary or similar executive; b. Current member of the State Psychology Regulatory Authority of a Compact State; or c. Designee empowered with the appropriate delegate authority to act on behalf of the Compact State; 2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compact State in which the vacancy exists; 3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication; 4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws; 5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI; 6. The Commission may convene in a closed, non-public meeting if the Commission must discuss: a. Non-compliance of a Compact State with its obligations under the Compact; b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation against the Commission; d. Negotiation of contracts for the purchase or sale of goods, services or real estate; e. Accusation against any person of a crime or formally censuring any person; f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential; g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; h. Disclosure of investigatory records compiled for law enforcement purposes; i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or j. Matters specifically exempted from disclosure by federal and state statute; and 7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction. C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: a. For the establishment and meetings of other committees; and b. Governing any general or specific delegation of any authority or function of the Commission; 3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission; 6. Promulgating a Code of Ethics to address permissible and prohibited activities of Commission members and employees; 7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations; 8. The Commission shall publish its Bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact States; 9. The Commission shall maintain its financial records in accordance with the Bylaws; and 10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws. D. The Commission shall have the following powers: 1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all Compact States; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Psychology Regulatory Authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compact State; 5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; 6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest; 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety; 8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed; 9. To establish a budget and make expenditures; 10. To borrow money; 11. To appoint committees, including advisory committees comprised of Members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the Bylaws; 12. To provide and receive information from, and to cooperate with, law enforcement agencies; 13. To adopt and use an official seal; and 14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice. E. The Executive Board The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact. 1. The Executive Board shall be comprised of six members: a. Five voting members who are elected from the current membership of the Commission by the Commission; b. One ex-officio, nonvoting member from the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities; 2. The ex-officio member must have served as staff or member on a State Psychology Regulatory Authority and will be selected by its respective organization; 3. The Commission may remove any member of the Executive Board as provided in Bylaws; 4. The Executive Board shall meet at least annually; and 5. The Executive Board shall have the following duties and responsibilities: a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to this Compact legislation, fees paid by Compact States such as annual dues, and any other applicable fees; b. Ensure Compact administration services are appropriately provided, contractual or otherwise; c. Prepare and recommend the budget; d. Maintain financial records on behalf of the Commission; e. Monitor Compact compliance of member states and provide compliance reports to the Commission; f. Establish additional committees as necessary; and g. Other duties as provided in Rules or Bylaws. F. Financing of the Commission: 1. The Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities; 2. The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services; 3. The Commission may levy on and collect an annual assessment from each Compact State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all Compact States; 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact States, except by and with the authority of the Compact State; and 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its Bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission. G. Qualified Immunity, Defense, and Indemnification 1. The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person; 2. The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct; and 3. The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. ARTICLE XI RULEMAKING A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact State. C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: 1. On the website of the Commission; and 2. On the website of each Compact State's Psychology Regulatory Authority or the publication in which each state would otherwise publish proposed rules. E. The Notice of Proposed Rulemaking shall include: 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon; 2. The text of the proposed rule or amendment and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: 1. At least twenty-five (25) persons who submit comments independently of each other; 2. A governmental subdivision or agency; or 3. A duly appointed person in an association that has at least twenty-five (25) members. H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. 1. All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing; 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing; 3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses; and 4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety, or welfare; 2. Prevent a loss of Commission or Compact State funds; 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or 4. Protect public health and safety. M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. ARTICLE XII OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A. Oversight: 1. The Executive, Legislative and Judicial branches of state government in each Compact State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law; 2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission; and 3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules. B. Default, Technical Assistance, and Termination: 1. If the Commission determines that a Compact State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall: a. Provide written notice to the defaulting state and other Compact States of the nature of the default, the proposed means of remedying the default and/or any other action to be taken by the Commission; and b. Provide remedial training and specific technical assistance regarding the default; 2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Compact States, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default; 3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the Compact States; 4. A Compact State which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination; 5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state; and 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. C. Dispute Resolution: 1. Upon request by a Compact State, the Commission shall attempt to resolve disputes related to the Compact which arise among Compact States and between Compact and Non-Compact States; and 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission. D. Enforcement: 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact; 2. By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a Compact State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees; and 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. ARTICLE XIII DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact State. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. B. Any state which joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. C. Any Compact State may withdraw from this Compact by enacting a statute repealing the same. 1. A Compact State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute; and 2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Psychology Regulatory Authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. D. Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a Compact State and a Non-Compact State which does not conflict with the provisions of this Compact. E. This Compact may be amended by the Compact States. No amendment to this Compact shall become effective and binding upon any Compact State until it is enacted into the law of all Compact States. ARTICLE XIV CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall 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. § -3. Rules. The department of commerce and consumer affairs shall adopt rules pursuant to chapter 91 for the purposes of implementing and administering this chapter." SECTION 3. This Act shall take effect on January 1, 2026. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that safeguarding, enhancing, and prioritizing the mental health of the people is essential not only for the well-being of individuals but also for the broader public interest. Protection of mental health contributes to a healthier, more resilient society, benefiting all members of the community.
50	50
51	51	The legislature recognizes that there is a growing demand for mental health care services, particularly on the neighbor islands and in rural and underserved areas. Despite this need, the current shortage of mental health professionals and services fails to meet the increasing demand, leaving countless individuals without the critical care they deserve. This lack of access disproportionately affects vulnerable populations, such as the elderly, those with mobility challenges, and youth who face identity-based harassment or rejection.
52	52
53	53	The legislature also finds reports of neighbor island communities experiencing a critical lack of access to care for the mental and physical well-being of vulnerable members of the LGBTQ+ community, particularly youth, who face alarmingly high rates of suicide attempts. Accessing mental health care services provided by licensed psychologists is crucial to providing essential care and ultimately lowering the suicide rates within this vulnerable population.
54	54
55	55	The legislature further finds that over forty states have already joined the psychology interjurisdictional compact to address similar issues of access. Participating in this compact will enable vulnerable kamaaina to return home without risking the loss of critical relationships with long time therapists and counselors and help Hawaii meet the growing demand for mental health care needs by reducing barriers for mental health professionals to practice and providing residents with access to a broader pool of qualified mental health professionals through telepsychology and temporary in-person services.
56	56
57	57	Accordingly, the purpose of this Act is to adopt the Psychology Interjurisdictional Compact to:
58	58
59	59	(1) Regulate the day-to-day practice of telepsychology by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;
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61	61	(2) Regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
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63	63	(3) Require the department of commerce and consumer affairs to adopt rules to implement and administer the compact.
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65	65	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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67	67	"Chapter
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69	69	Psychology InterjurisdictionAL Compact
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71	71	§ -1. Short title. This chapter may be cited as the Psychology Interjurisdictional Compact.
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73	73	§ -2. Terms and provisions of compact; authorization; governor. The legislature hereby authorizes the governor to enter into a compact on behalf of the State of Hawaii with any other state legally joining therein, in the form substantially as follows:
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75	75	PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)
76	76
77	77	ARTICLE I
78	78
79	79	PURPOSE
80	80
81	81	Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
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83	83	Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
84	84
85	85	Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
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87	87	Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and
88	88
89	89	Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and
90	90
91	91	Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and
92	92
93	93	Whereas, this Compact does not apply to permanent in‑person, face-to-face practice, it does allow for authorization of temporary psychological practice.
94	94
95	95	Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:
96	96
97	97	1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;
98	98
99	99	2. Enhance the states' ability to protect the public's health and safety, especially client/patient safety;
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101	101	3. Encourage the cooperation of Compact States in the areas of psychology licensure and regulation;
102	102
103	103	4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history;
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105	105	5. Promote compliance with the laws governing psychological practice in each Compact State; and
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107	107	6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses.
108	108
109	109	ARTICLE II
110	110
111	111	DEFINITIONS
112	112
113	113	A. "Adverse Action" means: Any action taken by a State Psychology Regulatory Authority which finds a violation of a statute or regulation that is identified by the State Psychology Regulatory Authority as discipline and is a matter of public record.
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115	115	B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
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117	117	C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed psychologist's authority to practice telepsychology, within the limits authorized under this Compact, in another Compact State.
118	118
119	119	D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.
120	120
121	121	E. "Client/Patient" means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services.
122	122
123	123	F. "Commissioner" means: the voting representative appointed by each State Psychology Regulatory Authority pursuant to Article X.
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125	125	G. "Compact State" means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B.
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127	127	H. "Coordinated Licensure Information System" also referred to as "Coordinated Database" means: an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities.
128	128
129	129	I. "Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.
130	130
131	131	J. "Day" means: any part of a day in which psychological work is performed.
132	132
133	133	K. "Distant State" means: the Compact State where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in‑person, face-to-face psychological services.
134	134
135	135	L. "E.Passport" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) 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.
136	136
137	137	M. "Executive Board" means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
138	138
139	139	N. "Home State" means: a Compact State where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one Compact State and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact State where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one Compact State and is practicing under the Temporary Authorization to Practice, the Home State is any Compact State where the psychologist is licensed.
140	140
141	141	O. "Identity History Summary" means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
142	142
143	143	P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
144	144
145	145	Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice.
146	146
147	147	R. "License" means: authorization by a State Psychology Regulatory Authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
148	148
149	149	S. "Non-Compact State" means: any State which is not at the time a Compact State.
150	150
151	151	T. "Psychologist" means: an individual licensed for the independent practice of psychology.
152	152
153	153	U. "Psychology Interjurisdictional Compact Commission" also referred to as "Commission" means: the national administration of which all Compact States are members.
154	154
155	155	V. "Receiving State" means: a Compact State where the client/patient is physically located when the telepsychological services are delivered.
156	156
157	157	W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a Compact State, and includes the amendment, repeal or suspension of an existing rule.
158	158
159	159	X. "Significant Investigatory Information" means:
160	160
161	161	1. Investigative information that a State Psychology Regulatory Authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or
162	162
163	163	2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.
164	164
165	165	Y. "State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.
166	166
167	167	Z. "State Psychology Regulatory Authority" means: the Board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
168	168
169	169	AA. "Telepsychology" means: the provision of psychological services using telecommunication technologies.
170	170
171	171	BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority to conduct temporary in‑person, face-to-face practice, within the limits authorized under this Compact, in another Compact State.
172	172
173	173	CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the Distant State to provide for the practice of psychology for 30 days within a calendar year and based on notification to the Distant State.
174	174
175	175	ARTICLE III
176	176
177	177	HOME STATE LICENSURE
178	178
179	179	A. The Home State shall be a Compact State where a psychologist is licensed to practice psychology.
180	180
181	181	B. A psychologist may hold one or more Compact State licenses at a time. If the psychologist is licensed in more than one Compact State, the Home State is the Compact State where the psychologist is physically present when the services are delivered as authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
182	182
183	183	C. Any Compact State may require a psychologist not previously licensed in a Compact State to obtain and retain a license to be authorized to practice in the Compact State under circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
184	184
185	185	D. Any Compact State may require a psychologist to obtain and retain a license to be authorized to practice in a Compact State under circumstances not authorized by Temporary Authorization to Practice under the terms of this Compact.
186	186
187	187	E. A Home State's license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:
188	188
189	189	1. Currently requires the psychologist to hold an active E.Passport;
190	190
191	191	2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
192	192
193	193	3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
194	194
195	195	4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the Compact; and
196	196
197	197	5. Complies with the Bylaws and Rules of the Commission.
198	198
199	199	F. A Home State's license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact State:
200	200
201	201	1. Currently requires the psychologist to hold an active IPC;
202	202
203	203	2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
204	204
205	205	3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
206	206
207	207	4. Requires an Identity History Summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than ten years after activation of the Compact; and
208	208
209	209	5. Complies with the Bylaws and Rules of the Commission.
210	210
211	211	ARTICLE IV
212	212
213	213	COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
214	214
215	215	A. Compact States shall recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice telepsychology in other Compact States (Receiving States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.
216	216
217	217	B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:
218	218
219	219	1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
220	220
221	221	a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
222	222
223	223	b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
224	224
225	225	2. Hold a graduate degree in psychology that meets the following criteria:
226	226
227	227	a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
228	228
229	229	b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
230	230
231	231	c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
232	232
233	233	d. The program must consist of an integrated, organized sequence of study;
234	234
235	235	e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
236	236
237	237	f. The designated director of the program must be a psychologist and a member of the core faculty;
238	238
239	239	g. The program must have an identifiable body of students who are matriculated in that program for a degree;
240	240
241	241	h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
242	242
243	243	i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree; and
244	244
245	245	j. The program includes an acceptable residency as defined by the Rules of the Commission.
246	246
247	247	3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State;
248	248
249	249	4. Have no history of adverse action that violate the Rules of the Commission;
250	250
251	251	5. Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission;
252	252
253	253	6. Possess a current, active E.Passport;
254	254
255	255	7. Provide attestations in regard to 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 provide a release of information to allow for primary source verification in a manner specified by the Commission; and
256	256
257	257	8. Meet other criteria as defined by the Rules of the Commission.
258	258
259	259	C. The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.
260	260
261	261	D. A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State's scope of practice. A Receiving State may, in accordance with that state's due process law, limit or revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and may take any other necessary actions under the Receiving State's applicable law to protect the health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall promptly notify the Home State and the Commission.
262	262
263	263	E. If a psychologist's license in any Home State, another Compact State, or any Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a Compact State under the Authority to Practice Interjurisdictional Telepsychology.
264	264
265	265	ARTICLE V
266	266
267	267	COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
268	268
269	269	A. Compact States shall also recognize the right of a psychologist, licensed in a Compact State in conformance with Article III, to practice temporarily in other Compact States (Distant States) in which the psychologist is not licensed, as provided in the Compact.
270	270
271	271	B. To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:
272	272
273	273	1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
274	274
275	275	a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
276	276
277	277	b. A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
278	278
279	279	2. Hold a graduate degree in psychology that meets the following criteria:
280	280
281	281	a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
282	282
283	283	b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
284	284
285	285	c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
286	286
287	287	d. The program must consist of an integrated, organized sequence of study;
288	288
289	289	e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
290	290
291	291	f. The designated director of the program must be a psychologist and a member of the core faculty;
292	292
293	293	g. The program must have an identifiable body of students who are matriculated in that program for a degree;
294	294
295	295	h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
296	296
297	297	i. The curriculum shall encompass 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 master's degrees; and
298	298
299	299	j. The program includes an acceptable residency as defined by the Rules of the Commission;
300	300
301	301	3. Possess a current, full and unrestricted license to practice psychology in a Home State which is a Compact State;
302	302
303	303	4. Have no history of adverse action that violates the Rules of the Commission;
304	304
305	305	5. Have no criminal record history that violates the Rules of the Commission;
306	306
307	307	6. Possess a current, active IPC;
308	308
309	309	7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
310	310
311	311	8. Meet other criteria as defined by the Rules of the Commission.
312	312
313	313	C. A psychologist practicing into a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State.
314	314
315	315	D. A psychologist practicing into a Distant State under the Temporary Authorization to Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance with that state's due process law, limit or revoke a psychologist's Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State's applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission.
316	316
317	317	E. If a psychologist's license in any Home State, another Compact State, or any Temporary Authorization to Practice in any Distant State, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State under the Temporary Authorization to Practice.
318	318
319	319	ARTICLE VI
320	320
321	321	CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
322	322
323	323	A. A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances:
324	324
325	325	1. The psychologist initiates a client/patient contact in a Home State via telecommunications technologies with a client/patient in a Receiving State; and
326	326
327	327	2. Other conditions regarding telepsychology as determined by Rules promulgated by the Commission.
328	328
329	329	ARTICLE VII
330	330
331	331	ADVERSE ACTIONS
332	332
333	333	A. A Home State shall have the power to impose adverse action against a psychologist's license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist's Temporary Authorization to Practice within that Distant State.
334	334
335	335	B. A Receiving State may take adverse action on a psychologist's Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice.
336	336
337	337	C. If a Home State takes adverse action against a psychologist's license, that psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and the IPC is revoked.
338	338
339	339	1. All Home State disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the Rules promulgated by the Commission. A Compact State shall report adverse actions in accordance with the Rules of the Commission;
340	340
341	341	2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of the Commission; and
342	342
343	343	3. Other actions may be imposed as determined by the Rules promulgated by the Commission.
344	344
345	345	D. A Home State's Psychology Regulatory Authority shall 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 been engaged in 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.
346	346
347	347	E. A Distant State's Psychology Regulatory Authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under Temporary Authorization to Practice which occurred in that Distant State as it would if such conduct had been engaged in by a licensee within the Home State. In such cases, the Distant State's law shall control in determining any adverse action against a psychologist's Temporary Authorization to Practice.
348	348
349	349	F. Nothing in this Compact shall 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. Compact States must require psychologists who enter any alternative programs to not provide telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or provide temporary psychological services under the Temporary Authorization to Practice in any other Compact State during the term of the alternative program.
350	350
351	351	G. No other judicial or administrative remedies shall be available to a psychologist in the event a Compact State imposes an adverse action pursuant to subsection C, above.
352	352
353	353	ARTICLE VIII
354	354
355	355	ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY
356	356
357	357	A. In addition to any other powers granted under state law, a Compact State's Psychology Regulatory Authority shall have the authority under this Compact to:
358	358
359	359	1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or the production of evidence from another Compact State shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located;
360	360
361	361	2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice; and
362	362
363	363	3. During the course of any investigation, a psychologist may not change his/her Home State licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The Home State Psychology Regulatory Authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her Home State licensure. The Commission shall promptly notify the new Home State of any such decisions as provided in the Rules of the Commission. All information provided to the Commission or distributed by Compact States pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by Compact States.
364	364
365	365	ARTICLE IX
366	366
367	367	COORDINATED LICENSURE INFORMATION SYSTEM
368	368
369	369	A. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists and individuals to whom this Compact is applicable in all Compact States as defined by the Rules of the Commission.
370	370
371	371	B. Notwithstanding any other provision of state law to the contrary, a Compact State shall submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of the Commission, including:
372	372
373	373	1. Identifying information;
374	374
375	375	2. Licensure data;
376	376
377	377	3. Significant investigatory information;
378	378
379	379	4. Adverse actions against a psychologist's license;
380	380
381	381	5. An indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to Practice is revoked;
382	382
383	383	6. Non-confidential information related to alternative program participation information;
384	384
385	385	7. Any denial of application for licensure, and the reasons for such denial; and
386	386
387	387	8. Other information which may facilitate the administration of this Compact, as determined by the Rules of the Commission.
388	388
389	389	C. The Coordinated Database administrator shall promptly notify all Compact States of any adverse action taken against, or significant investigative information on, any licensee in a Compact State.
390	390
391	391	D. Compact States reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the Compact State reporting the information.
392	392
393	393	E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the Compact State reporting the information shall be removed from the Coordinated Database.
394	394
395	395	ARTICLE X
396	396
397	397	ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION
398	398
399	399	A. The Compact States hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.
400	400
401	401	1. The Commission is a body politic and an instrumentality of the Compact States;
402	402
403	403	2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings; and
404	404
405	405	3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
406	406
407	407	B. Membership, Voting, and Meetings:
408	408
409	409	1. The Commission shall consist of one voting representative appointed by each Compact State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State. This delegate shall be limited to:
410	410
411	411	a. Executive Director, Executive Secretary or similar executive;
412	412
413	413	b. Current member of the State Psychology Regulatory Authority of a Compact State; or
414	414
415	415	c. Designee empowered with the appropriate delegate authority to act on behalf of the Compact State;
416	416
417	417	2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the Compact State in which the vacancy exists;
418	418
419	419	3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication;
420	420
421	421	4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the Bylaws;
422	422
423	423	5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI;
424	424
425	425	6. The Commission may convene in a closed, non-public meeting if the Commission must discuss:
426	426
427	427	a. Non-compliance of a Compact State with its obligations under the Compact;
428	428
429	429	b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
430	430
431	431	c. Current, threatened, or reasonably anticipated litigation against the Commission;
432	432
433	433	d. Negotiation of contracts for the purchase or sale of goods, services or real estate;
434	434
435	435	e. Accusation against any person of a crime or formally censuring any person;
436	436
437	437	f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
438	438
439	439	g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
440	440
441	441	h. Disclosure of investigatory records compiled for law enforcement purposes;
442	442
443	443	i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or
444	444
445	445	j. Matters specifically exempted from disclosure by federal and state statute; and
446	446
447	447	7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
448	448
449	449	C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to:
450	450
451	451	1. Establishing the fiscal year of the Commission;
452	452
453	453	2. Providing reasonable standards and procedures:
454	454
455	455	a. For the establishment and meetings of other committees; and
456	456
457	457	b. Governing any general or specific delegation of any authority or function of the Commission;
458	458
459	459	3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed;
460	460
461	461	4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission;
462	462
463	463	5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of the Commission;
464	464
465	465	6. Promulgating a Code of Ethics to address permissible and prohibited activities of Commission members and employees;
466	466
467	467	7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
468	468
469	469	8. The Commission shall publish its Bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact States;
470	470
471	471	9. The Commission shall maintain its financial records in accordance with the Bylaws; and
472	472
473	473	10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.
474	474
475	475	D. The Commission shall have the following powers:
476	476
477	477	1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all Compact States;
478	478
479	479	2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Psychology Regulatory Authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
480	480
481	481	3. To purchase and maintain insurance and bonds;
482	482
483	483	4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compact State;
484	484
485	485	5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
486	486
487	487	6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
488	488
489	489	7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;
490	490
491	491	8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
492	492
493	493	9. To establish a budget and make expenditures;
494	494
495	495	10. To borrow money;
496	496
497	497	11. To appoint committees, including advisory committees comprised of Members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the Bylaws;
498	498
499	499	12. To provide and receive information from, and to cooperate with, law enforcement agencies;
500	500
501	501	13. To adopt and use an official seal; and
502	502
503	503	14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
504	504
505	505	E. The Executive Board
506	506
507	507	The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.
508	508
509	509	1. The Executive Board shall be comprised of six members:
510	510
511	511	a. Five voting members who are elected from the current membership of the Commission by the Commission;
512	512
513	513	b. One ex-officio, nonvoting member from the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities;
514	514
515	515	2. The ex-officio member must have served as staff or member on a State Psychology Regulatory Authority and will be selected by its respective organization;
516	516
517	517	3. The Commission may remove any member of the Executive Board as provided in Bylaws;
518	518
519	519	4. The Executive Board shall meet at least annually; and
520	520
521	521	5. The Executive Board shall have the following duties and responsibilities:
522	522
523	523	a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to this Compact legislation, fees paid by Compact States such as annual dues, and any other applicable fees;
524	524
525	525	b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
526	526
527	527	c. Prepare and recommend the budget;
528	528
529	529	d. Maintain financial records on behalf of the Commission;
530	530
531	531	e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
532	532
533	533	f. Establish additional committees as necessary; and
534	534
535	535	g. Other duties as provided in Rules or Bylaws.
536	536
537	537	F. Financing of the Commission:
538	538
539	539	1. The Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities;
540	540
541	541	2. The Commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services;
542	542
543	543	3. The Commission may levy on and collect an annual assessment from each Compact State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all Compact States;
544	544
545	545	4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact States, except by and with the authority of the Compact State; and
546	546
547	547	5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its Bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
548	548
549	549	G. Qualified Immunity, Defense, and Indemnification
550	550
551	551	1. The members, officers, Executive Director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person;
552	552
553	553	2. The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct; and
554	554
555	555	3. The Commission shall indemnify and hold harmless any member, officer, Executive Director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
556	556
557	557	ARTICLE XI
558	558
559	559	RULEMAKING
560	560
561	561	A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
562	562
563	563	B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact State.
564	564
565	565	C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
566	566
567	567	D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
568	568
569	569	1. On the website of the Commission; and
570	570
571	571	2. On the website of each Compact State's Psychology Regulatory Authority or the publication in which each state would otherwise publish proposed rules.
572	572
573	573	E. The Notice of Proposed Rulemaking shall include:
574	574
575	575	1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
576	576
577	577	2. The text of the proposed rule or amendment and the reason for the proposed rule;
578	578
579	579	3. A request for comments on the proposed rule from any interested person; and
580	580
581	581	4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
582	582
583	583	F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
584	584
585	585	G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
586	586
587	587	1. At least twenty-five (25) persons who submit comments independently of each other;
588	588
589	589	2. A governmental subdivision or agency; or
590	590
591	591	3. A duly appointed person in an association that has at least twenty-five (25) members.
592	592
593	593	H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.
594	594
595	595	1. All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing;
596	596
597	597	2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing;
598	598
599	599	3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses; and
600	600
601	601	4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
602	602
603	603	I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
604	604
605	605	J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
606	606
607	607	K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
608	608
609	609	L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
610	610
611	611	1. Meet an imminent threat to public health, safety, or welfare;
612	612
613	613	2. Prevent a loss of Commission or Compact State funds;
614	614
615	615	3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
616	616
617	617	4. Protect public health and safety.
618	618
619	619	M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
620	620
621	621	ARTICLE XII
622	622
623	623	OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
624	624
625	625	A. Oversight:
626	626
627	627	1. The Executive, Legislative and Judicial branches of state government in each Compact State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law;
628	628
629	629	2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission; and
630	630
631	631	3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
632	632
633	633	B. Default, Technical Assistance, and Termination:
634	634
635	635	1. If the Commission determines that a Compact State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
636	636
637	637	a. Provide written notice to the defaulting state and other Compact States of the nature of the default, the proposed means of remedying the default and/or any other action to be taken by the Commission; and
638	638
639	639	b. Provide remedial training and specific technical assistance regarding the default;
640	640
641	641	2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Compact States, and all rights, privileges and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default;
642	642
643	643	3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the Compact States;
644	644
645	645	4. A Compact State which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination;
646	646
647	647	5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state; and
648	648
649	649	6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
650	650
651	651	C. Dispute Resolution:
652	652
653	653	1. Upon request by a Compact State, the Commission shall attempt to resolve disputes related to the Compact which arise among Compact States and between Compact and Non-Compact States; and
654	654
655	655	2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.
656	656
657	657	D. Enforcement:
658	658
659	659	1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact;
660	660
661	661	2. By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a Compact State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees; and
662	662
663	663	3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
664	664
665	665	ARTICLE XIII
666	666
667	667	DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
668	668
669	669	A. The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact State. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
670	670
671	671	B. Any state which joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
672	672
673	673	C. Any Compact State may withdraw from this Compact by enacting a statute repealing the same.
674	674
675	675	1. A Compact State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute; and
676	676
677	677	2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Psychology Regulatory Authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
678	678
679	679	D. Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a Compact State and a Non-Compact State which does not conflict with the provisions of this Compact.
680	680
681	681	E. This Compact may be amended by the Compact States. No amendment to this Compact shall become effective and binding upon any Compact State until it is enacted into the law of all Compact States.
682	682
683	683	ARTICLE XIV
684	684
685	685	CONSTRUCTION AND SEVERABILITY
686	686
687	687	This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall 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.
688	688
689	689	§ -3. Rules. The department of commerce and consumer affairs shall adopt rules pursuant to chapter 91 for the purposes of implementing and administering this chapter."
690	690
691	691	SECTION 3. This Act shall take effect on January 1, 2026.
692	692
693	693
694	694
695	695	INTRODUCED BY: _____________________________
696	696
697	697	INTRODUCED BY:
698	698
699	699	_____________________________
700	700
701	701
702	702
703	703
704	704
705	705	Report Title: DCCA; Psychology Interjurisdictional Compact (PSYPACT); Adoption; Rules Description: Adopts the Psychology Interjurisdictional Compact to regulate the practice of telepsychology and temporary in-person, face‑to‑face practice of psychology by psychologists across state boundaries in the performance of their psychological practice. Requires the Department of Commerce and Consumer Affairs to adopt rules to implement and administer the Compact. Effective 1/1/2026. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
706	706
707	707
708	708
709	709
710	710
711	711
712	712
713	713	Report Title:
714	714
715	715	DCCA; Psychology Interjurisdictional Compact (PSYPACT); Adoption; Rules
716	716
717	717
718	718
719	719	Description:
720	720
721	721	Adopts the Psychology Interjurisdictional Compact to regulate the practice of telepsychology and temporary in-person, face‑to‑face practice of psychology by psychologists across state boundaries in the performance of their psychological practice. Requires the Department of Commerce and Consumer Affairs to adopt rules to implement and administer the Compact. Effective 1/1/2026.
722	722
723	723
724	724
725	725
726	726
727	727
728	728
729	729	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.