Indiana 2022 Regular Session

Indiana House Bill HB1069 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1069
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-33-1-3.5; IC 25-33.5; IC 34-30-2-101.7.
7	7	Synopsis: Psychology interjurisdictional compact. Establishes the
8	8	psychology interjurisdictional compact concerning interjurisdictional
9	9	telepsychology and the temporary authorization to practice psychology
10	10	in another compact state. Sets forth requirements of a compact state.
11	11	Sets forth the duties of the psychology interjurisdictional compact
12	12	commission.
13	13	Effective: July 1, 2022.
14	14	Ziemke, Clere
15	15	January 4, 2022, read first time and referred to Committee on Public Health.
16	16	2022 IN 1069—LS 6434/DI 144 Introduced
17	17	Second Regular Session of the 122nd General Assembly (2022)
18	18	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	19	Constitution) is being amended, the text of the existing provision will appear in this style type,
20	20	additions will appear in this style type, and deletions will appear in this style type.
21	21	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	22	provision adopted), the text of the new provision will appear in this style type. Also, the
23	23	word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	24	a new provision to the Indiana Code or the Indiana Constitution.
25	25	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	26	between statutes enacted by the 2021 Regular Session of the General Assembly.
27	27	HOUSE BILL No. 1069
28	28	A BILL FOR AN ACT to amend the Indiana Code concerning
29	29	professions and occupations.
30	30	Be it enacted by the General Assembly of the State of Indiana:
31	31	1 SECTION 1. IC 25-33-1-3.5 IS ADDED TO THE INDIANA CODE
32	32	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33	33	3 1, 2022]: Sec. 3.5. The board is the state psychology regulatory
34	34	4 authority for purposes of IC 25-33.5.
35	35	5 SECTION 2. IC 25-33.5 IS ADDED TO THE INDIANA CODE AS
36	36	6 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
37	37	7 2022]:
38	38	8 ARTICLE 33.5. PSYCHOLOGY INTERJURISDICTIONAL
39	39	9 COMPACT
40	40	10 Chapter 1. Purpose and Applicability
41	41	11 Sec. 1. The party states make the following findings:
42	42	12 (1) States license psychologists in order to protect the public
43	43	13 through verification of education, training, and experience,
44	44	14 and to ensure accountability for professional practice.
45	45	15 (2) The compact under this article is intended to regulate the
46	46	16 following:
47	47	17 (A) The day to day practice of telepsychology by
48	48	2022 IN 1069—LS 6434/DI 144 2
49	49	1 psychologists across state boundaries in the performance
50	50	2 of the practice of psychology, as assigned by an
51	51	3 appropriate authority.
52	52	4 (B) The temporary in-person, face-to-face practice of
53	53	5 psychology by psychologists across state boundaries for
54	54	6 not more than thirty (30) days within a calendar year in
55	55	7 the performance of the practice of psychology, as assigned
56	56	8 by an appropriate authority.
57	57	9 (3) The compact under this article is intended to authorize the
58	58	10 state psychology regulatory authorities to afford legal
59	59	11 recognition, in a manner consistent with the terms of the
60	60	12 compact under this article, to psychologists licensed in
61	61	13 another state.
62	62	14 (4) States have a vested interest in protecting the public's
63	63	15 health and safety through licensing and regulating
64	64	16 psychologists and that state regulation best protects public
65	65	17 health and safety.
66	66	18 Sec. 2. The compact set forth in this article does not apply to the
67	67	19 following:
68	68	20 (1) When a psychologist is licensed in both the home and
69	69	21 receiving state.
70	70	22 (2) Permanent in-person, face-to-face practice.
71	71	23 However, the compact does allow for the authorization of a
72	72	24 temporary psychologic practice.
73	73	25 Sec. 3. The compact set forth in this article is designed to
74	74	26 achieve the following purposes and objectives:
75	75	27 (1) Increase public access to professional psychological
76	76	28 services by allowing for telepsychological practice across state
77	77	29 lines as well as temporary in-person, face-to-face services into
78	78	30 a state in which the psychologist is not licensed to practice
79	79	31 psychology.
80	80	32 (2) Enhance the states' ability to protect the health and safety
81	81	33 of the public, especially client and patient safety.
82	82	34 (3) Encourage the cooperation of compact states in the area of
83	83	35 psychology licensure and regulation.
84	84	36 (4) Facilitate the exchange of information between compact
85	85	37 states concerning psychologist licensure, adverse actions, and
86	86	38 disciplinary history.
87	87	39 (5) Promote compliance with the laws governing psychological
88	88	40 practice in each compact state.
89	89	41 (6) Invest all compact states with the authority to hold
90	90	42 licensed psychologists accountable through the mutual
91	91	2022 IN 1069—LS 6434/DI 144 3
92	92	1 recognition of compact state licenses.
93	93	2 Chapter 2. Definitions
94	94	3 Sec. 1. The definitions set forth in this chapter apply to this
95	95	4 article.
96	96	5 Sec. 2. "Adverse action" means any action taken by a state
97	97	6 psychology regulatory authority that finds a violation of a statute
98	98	7 or regulation that is identified by the state psychology regulatory
99	99	8 authority as discipline and is a matter of public record.
100	100	9 Sec. 3. "Association of State and Provincial Psychology Boards"
101	101	10 means the recognized membership organization composed of state
102	102	11 and provincial psychology regulatory authorities responsible for
103	103	12 the licensure and registration of psychologists throughout the
104	104	13 United States and Canada.
105	105	14 Sec. 4. "Authority to practice interjurisdictional
106	106	15 telepsychology" means the authority of a licensed psychologist to
107	107	16 practice telepsychology, within the limits authorized under the
108	108	17 compact set forth in this article, in another compact state.
109	109	18 Sec. 5. "Bylaws" refers to the bylaws established by the
110	110	19 psychology interjurisdictional compact commission under
111	111	20 IC 25-33.5-10 for the governance of the compact or for directing
112	112	21 and controlling actions and conduct under the compact.
113	113	22 Sec. 6. "Client" or "patient" refers to the recipient of
114	114	23 psychological services, whether psychological services are
115	115	24 delivered in the context of health care, corporate, supervision, or
116	116	25 consulting services.
117	117	26 Sec. 7. "Commission" refers to the psychology
118	118	27 interjurisdictional compact commission, that national
119	119	28 administration of which all compact states are members, as
120	120	29 established by IC 25-33.5-10.
121	121	30 Sec. 8. "Commissioner" means the voting representative
122	122	31 appointed by each state psychology regulatory authority under
123	123	32 IC 25-33.5-10.
124	124	33 Sec. 9. "Compact state" means a state, the District of Columbia,
125	125	34 or a United States territory that has enacted the compact set forth
126	126	35 in this article and has not withdrawn under IC 25-33.5-13 or been
127	127	36 terminated under IC 25-33.5-12.
128	128	37 Sec. 10. "Confidentiality" means the principle that data or
129	129	38 information is not made available or disclosed to unauthorized
130	130	39 persons or processes.
131	131	40 Sec. 11. "Coordinated licensure information system" or
132	132	41 "coordinated data base" refers to the integrated process for
133	133	42 collecting, storing, and sharing information on psychologist
134	134	2022 IN 1069—LS 6434/DI 144 4
135	135	1 licensure and enforcement activities related to psychology licensure
136	136	2 laws and that is administered by the recognized membership
137	137	3 organization composed of state and provincial psychology
138	138	4 regulatory authorities.
139	139	5 Sec. 12. "Day" means any part of a day in which psychological
140	140	6 work is performed.
141	141	7 Sec. 13. "Distant state" means the compact state where a
142	142	8 psychologist is physically present (not through the use of
143	143	9 telecommunication technology) to provide temporary in-person,
144	144	10 face-to-face psychological services.
145	145	11 Sec. 14. "E.Passport" means a certificate issued by the
146	146	12 Association of State and Provincial Psychology Boards that
147	147	13 promotes the standardization in the criteria of interjurisdictional
148	148	14 telepsychology practice and facilitates the process for licensed
149	149	15 psychologists to provide telepsychological services across state
150	150	16 lines.
151	151	17 Sec. 15. "Executive board" means a group of directors elected
152	152	18 or appointed to act on behalf of and within the powers granted to
153	153	19 the group by the commission.
154	154	20 Sec. 16. "Home state" means one (1) of the following:
155	155	21 (1) The compact state where a psychologist is licensed to
156	156	22 practice psychology.
157	157	23 (2) If the psychologist is licensed in more than one (1) compact
158	158	24 state as a psychologist and is practicing under the
159	159	25 authorization to practice interjurisdictional telepsychology,
160	160	26 the compact state where the psychologist is physically present
161	161	27 when the telepsychological services are delivered.
162	162	28 (3) If the psychologist is licensed in more than one (1) compact
163	163	29 state and is practicing under the temporary authorization to
164	164	30 practice, the compact state where the psychologist is licensed.
165	165	31 Sec. 17. "Identity history summary" means a summary of
166	166	32 information retained by the Federal Bureau of Investigation or
167	167	33 other designee with similar authority in connection with arrests
168	168	34 and, in some instances, federal employment, naturalization, or
169	169	35 military service.
170	170	36 Sec. 18. "In-person, face-to-face" means interactions in which
171	171	37 the psychologist and the client or patient are in the same physical
172	172	38 space and that does not include interactions that may occur
173	173	39 through the use of telecommunication technology.
174	174	40 Sec. 19. "Interjurisdictional practice certificate" refers to a
175	175	41 certificate issued by the Association of State and Provincial
176	176	42 Psychology Boards that grants temporary authority to practice
177	177	2022 IN 1069—LS 6434/DI 144 5
178	178	1 based on notification to the state psychology regulatory authority
179	179	2 of intention to practice temporarily and the verification of the
180	180	3 individual's qualifications to practice psychology.
181	181	4 Sec. 20. "License" means the authorization by a state regulatory
182	182	5 authority to engage in the independent practice of psychology that
183	183	6 would otherwise be unlawful to practice without authorization.
184	184	7 Sec. 21. "Noncompact state" refers to any state that is not a
185	185	8 compact state.
186	186	9 Sec. 22. "Psychologist" means an individual who is licensed for
187	187	10 the independent practice of psychology.
188	188	11 Sec. 23. "Receiving state" refers to a compact state where the
189	189	12 client or patient is physically located when the telepsychological
190	190	13 services are delivered.
191	191	14 Sec. 24. "Rule" means a written statement by the psychology
192	192	15 interjurisdictional compact commission promulgated under
193	193	16 IC 25-33.5-11 that is of general applicability, implements,
194	194	17 interprets, or prescribes a policy or provision of the compact, or an
195	195	18 organizational, procedural, or practice requirement of the
196	196	19 commission and has the force and effect of statutory law in a
197	197	20 compact state, including the amendment, repeal, or suspension of
198	198	21 an existing rule.
199	199	22 Sec. 25. "Significant investigatory information" means:
200	200	23 (1) investigatory information that the state psychology
201	201	24 regulatory authority has reason to believe, after a preliminary
202	202	25 inquiry that includes notification and opportunity to respond
203	203	26 if required by state law, if proven true, would indicate more
204	204	27 than a violation of state statute or ethics code that would be
205	205	28 considered more substantial than a minor infraction; or
206	206	29 (2) investigatory information that indicates that the
207	207	30 psychologist represents an immediate threat to public health
208	208	31 and safety regardless of whether the psychologist has been
209	209	32 notified or had an opportunity to respond.
210	210	33 Sec. 26. "State" refers to a state, commonwealth, territory, or
211	211	34 possession of the United States, including the District of Columbia.
212	212	35 Sec. 27. "State psychology regulatory authority" means a board,
213	213	36 office, or other agency with the legislative mandate to license or
214	214	37 regulate the practice of psychology. For purposes of investigatory
215	215	38 activities, the term includes any other state agency lawfully
216	216	39 responsible for conducting investigations.
217	217	40 Sec. 28. "Telepsychology" means the provision of psychological
218	218	41 services using telecommunication technology.
219	219	42 Sec. 29. "Temporary authorization to practice" means the
220	220	2022 IN 1069—LS 6434/DI 144 6
221	221	1 authority of a licensed psychologist to conduct temporary
222	222	2 in-person, face-to-face practice, within the limits authorized under
223	223	3 the compact set forth in this article, in a compact state.
224	224	4 Sec. 30. "Temporary in-person, face-to-face practice" means
225	225	5 that a psychologist is physically present (not through the use of
226	226	6 telecommunication technology) in the distant state to provide for
227	227	7 the practice of psychology for not more than thirty (30) days within
228	228	8 a calendar year and based on notification to the distant state.
229	229	9 Chapter 3. Home State Licensure
230	230	10 Sec. 1. The home state is a compact state where the psychologist
231	231	11 is licensed to practice psychology.
232	232	12 Sec. 2. (a) A psychologist may hold more than one (1) compact
233	233	13 state license at a time.
234	234	14 (b) If the psychologist is licensed in more than one (1) compact
235	235	15 state, the home state is the compact state where the psychologist is
236	236	16 physically present when the services are delivered, as authorized
237	237	17 by the authority to practice interjurisdictional telepsychology
238	238	18 under the terms of the compact.
239	239	19 Sec. 3. A compact state may require a psychologist not
240	240	20 previously licensed in the compact state to obtain and retain a
241	241	21 license to be authorized to practice in the compact state under
242	242	22 circumstances not authorized by the authority to practice
243	243	23 interjurisdictional telepsychology under the terms of the compact.
244	244	24 Sec. 4. A compact state may require a psychologist to obtain and
245	245	25 retain a license to be authorized to practice in a compact state
246	246	26 under circumstances not authorized by temporary authorization
247	247	27 to practice under the terms of the compact.
248	248	28 Sec. 5. A home state's license authorizes a psychologist to
249	249	29 practice in a receiving state under the authority to practice
250	250	30 interjurisdictional telepsychology only if the compact state:
251	251	31 (1) currently requires the psychologist to hold an active
252	252	32 E.Passport;
253	253	33 (2) has a mechanism in place for receiving and investigating
254	254	34 complaints about licensed individuals;
255	255	35 (3) notifies the commission, in compliance with the compact
256	256	36 terms, of any adverse action or significant investigatory
257	257	37 information concerning a licensed individual;
258	258	38 (4) requires an identity history summary of all applicants at
259	259	39 initial licensure, including the use of the results of fingerprints
260	260	40 or other biometric data checks compliant with the
261	261	41 requirements of the Federal Bureau of Investigation, or other
262	262	42 designee with similar authority, not later than ten (10) years
263	263	2022 IN 1069—LS 6434/DI 144 7
264	264	1 after activation of the compact; and
265	265	2 (5) complies with the bylaws and rules of the commission.
266	266	3 Sec. 6. A home state's license grants temporary authorization to
267	267	4 practice to a psychologist in a distant state only if the compact
268	268	5 state:
269	269	6 (1) currently requires the psychologist to hold an active
270	270	7 interjurisdictional practice certificate;
271	271	8 (2) has a mechanism in place for receiving and investigating
272	272	9 complaints about licensed individuals;
273	273	10 (3) notifies the commission, in compliance with the compact
274	274	11 terms, of any adverse action or significant investigatory
275	275	12 information concerning a licensed individual;
276	276	13 (4) requires an identity history summary of all applicants at
277	277	14 initial licensure, including the use of the results of fingerprints
278	278	15 or other biometric data checks compliant with the
279	279	16 requirements of the Federal Bureau of Investigation, or other
280	280	17 designee with similar authority, not later than ten (10) years
281	281	18 after activation of the compact; and
282	282	19 (5) complies with the bylaws and rules of the commission.
283	283	20 Chapter 4. Compact Privilege to Practice Telepsychology
284	284	21 Sec. 1. A compact state shall recognize the right of a
285	285	22 psychologist, licensed in a compact state in compliance with
286	286	23 IC 25-33.5-3, to practice telepsychology in another compact state
287	287	24 in which the psychologist is not licensed, under the authority to
288	288	25 practice interjurisdictional telepsychology, as provided by the
289	289	26 compact.
290	290	27 Sec. 2. To exercise the authority to practice interjurisdictional
291	291	28 telepsychology under the terms and provisions of the compact, a
292	292	29 psychologist licensed to practice in a compact state must meet the
293	293	30 following:
294	294	31 (1) Hold a graduate degree in psychology from an institute of
295	295	32 higher education that was, at the time the degree was
296	296	33 awarded:
297	297	34 (A) either:
298	298	35 (i) regionally accredited by an accrediting body
299	299	36 recognized by the United States Department of
300	300	37 Education to grant graduate degrees; or
301	301	38 (ii) authorized by provincial statute or royal charter to
302	302	39 grant doctoral degrees; or
303	303	40 (B) a foreign college or university deemed to be equivalent
304	304	41 to an institute described under clause (A) by a foreign
305	305	42 credential evaluation service that is a member of the
306	306	2022 IN 1069—LS 6434/DI 144 8
307	307	1 National Association of Credential Evaluation Services
308	308	2 (NACES) or by a recognized foreign credential evaluation
309	309	3 service.
310	310	4 (2) Hold a graduate degree in psychology from a program
311	311	5 that meets the following:
312	312	6 (A) The program, wherever it may be administratively
313	313	7 housed, must:
314	314	8 (i) be clearly identified and labeled as a psychology
315	315	9 program; and
316	316	10 (ii) specify in institutional catalogs and brochures the
317	317	11 intent to educate and train professional psychologists.
318	318	12 (B) Stands as a recognizable, coherent, organizational
319	319	13 entity within the institution.
320	320	14 (C) Has a clear authority and primary responsibility for
321	321	15 the core and specialty areas, whether or not the program
322	322	16 cuts across administrative lines.
323	323	17 (D) Consists of an integrated, organized sequence of study.
324	324	18 (E) Includes identifiable psychology faculty that are
325	325	19 sufficient in size and breadth to carry out faculty
326	326	20 responsibilities.
327	327	21 (F) Employs a director of the program that is a
328	328	22 psychologist and a member of the core faculty.
329	329	23 (G) Has an identifiable body of students who are
330	330	24 matriculated in the program for a degree.
331	331	25 (H) Includes supervised practicum, internship, or field
332	332	26 training appropriate to the practice of psychology.
333	333	27 (I) Encompasses curriculum of a minimum of three (3)
334	334	28 academic years of full-time graduate study for a doctoral
335	335	29 degree and a minimum of one (1) academic year of
336	336	30 full-time graduate study for a master's degree.
337	337	31 (J) Includes an acceptable residency, as defined by the
338	338	32 rules of the commission.
339	339	33 (3) Possess a current, full, and unrestricted license to practice
340	340	34 psychology in a home state that is a compact state.
341	341	35 (4) Have no history of an adverse action that violates the rules
342	342	36 of the commission.
343	343	37 (5) Have no criminal record history reported on an identity
344	344	38 history summary that violates the rules of the commission.
345	345	39 (6) Possess a current, active E.Passport.
346	346	40 (7) Provide attestations concerning the following:
347	347	41 (A) Areas of intended practice.
348	348	42 (B) Conformity with standards of practice.
349	349	2022 IN 1069—LS 6434/DI 144 9
350	350	1 (C) Competence in telepsychology technology.
351	351	2 (D) Criminal background.
352	352	3 (E) Knowledge and adherence to legal requirements in the
353	353	4 home state and receiving state.
354	354	5 (F) The provision and release of information to allow for
355	355	6 primary source verification in a manner specified by the
356	356	7 commission.
357	357	8 (8) Meet other criteria, as determined by the rules of the
358	358	9 commission.
359	359	10 Sec. 3. The home state maintains authority over the license of a
360	360	11 psychologist practicing in a receiving state under the authority to
361	361	12 practice interjurisdictional telepsychology.
362	362	13 Sec. 4. (a) A psychologist practicing in a receiving state under
363	363	14 the authority to practice interjurisdictional telepsychology is
364	364	15 subject to the receiving state's scope of practice.
365	365	16 (b) A receiving state may, in accordance with the state's due
366	366	17 process law, limit or revoke a psychologist's authority to practice
367	367	18 interjurisdictional telepsychology in the receiving state and may
368	368	19 take any other necessary actions under the receiving state's
369	369	20 applicable law to protect the health and safety of the receiving
370	370	21 state's citizens.
371	371	22 (c) If the receiving state takes any action described in this
372	372	23 section, the receiving state shall promptly notify the home state and
373	373	24 the commission.
374	374	25 Sec. 5. If a psychologist's:
375	375	26 (1) license in any home state or another compact state; or
376	376	27 (2) authority to practice interjurisdictional telepsychology in
377	377	28 any receiving state;
378	378	29 is restricted, suspended, or otherwise limited, the E.Passport shall
379	379	30 be revoked and the psychologist shall not be eligible to practice
380	380	31 telepsychology in a compact state under the authority to practice
381	381	32 interjurisdictional telepsychology.
382	382	33 Chapter 5. Compact Temporary Authorization to Practice
383	383	34 Sec. 1. A compact state shall recognize the right of a
384	384	35 psychologist who is licensed in a compact state, in conformance
385	385	36 with IC 25-33.5-3, to practice temporarily in another compact state
386	386	37 in which the psychologist is not licensed, as provided in the
387	387	38 compact.
388	388	39 Sec. 2. To exercise the temporary authorization to practice
389	389	40 under the terms and provisions of the compact, a psychologist
390	390	41 licensed to practice in a compact state must meet the following:
391	391	42 (1) Hold a graduate degree in psychology from an institute of
392	392	2022 IN 1069—LS 6434/DI 144 10
393	393	1 higher education that was, at the time the degree was
394	394	2 awarded:
395	395	3 (A) either:
396	396	4 (i) regionally accredited by an accrediting body
397	397	5 recognized by the United States Department of
398	398	6 Education to grant graduate degrees; or
399	399	7 (ii) authorized by provincial statute or royal charter to
400	400	8 grant doctoral degrees; or
401	401	9 (B) a foreign college or university deemed to be equivalent
402	402	10 to an institute described under clause (A) by a foreign
403	403	11 credential evaluation service that is a member of the
404	404	12 National Association of Credential Evaluation Services
405	405	13 (NACES) or by a recognized foreign credential evaluation
406	406	14 service.
407	407	15 (2) Hold a graduate degree in psychology from a program
408	408	16 that meets the following:
409	409	17 (A) The program, wherever it may be administratively
410	410	18 housed, must:
411	411	19 (i) be clearly identified and labeled as a psychology
412	412	20 program; and
413	413	21 (ii) specify in institutional catalogs and brochures the
414	414	22 intent to educate and train professional psychologists.
415	415	23 (B) Stands as a recognizable, coherent, organizational
416	416	24 entity within the institution.
417	417	25 (C) Has a clear authority and primary responsibility for
418	418	26 the core and specialty areas, whether or not the program
419	419	27 cuts across administrative lines.
420	420	28 (D) Consists of an integrated, organized sequence of study.
421	421	29 (E) Includes identifiable psychology faculty that are
422	422	30 sufficient in size and breadth to carry out faculty
423	423	31 responsibilities.
424	424	32 (F) Employs a director of the program that is a
425	425	33 psychologist and a member of the core faculty.
426	426	34 (G) Has an identifiable body of students who are
427	427	35 matriculated in the program for a degree.
428	428	36 (H) Includes supervised practicum, internship, or field
429	429	37 training appropriate to the practice of psychology.
430	430	38 (I) Encompasses curriculum of a minimum of three (3)
431	431	39 academic years of full-time graduate study for a doctoral
432	432	40 degree and a minimum of one (1) academic year of
433	433	41 full-time graduate study for a master's degree.
434	434	42 (J) Includes an acceptable residency, as defined by the
435	435	2022 IN 1069—LS 6434/DI 144 11
436	436	1 rules of the commission.
437	437	2 (3) Possess a current, full, and unrestricted license to practice
438	438	3 psychology in a home state that is a compact state.
439	439	4 (4) Have no history of an adverse action that violates the rules
440	440	5 of the commission.
441	441	6 (5) Have no criminal record history reported on an identity
442	442	7 history summary that violates the rules of the commission.
443	443	8 (6) Possess a current, active interjurisdictional practice
444	444	9 certificate.
445	445	10 (7) Provide attestations concerning the following:
446	446	11 (A) Areas of intended practice.
447	447	12 (B) Work experience.
448	448	13 (C) The provision and release of information to all for
449	449	14 primary source verification in a manner specified by the
450	450	15 commission.
451	451	16 (8) Meet other criteria, as determined by the rules of the
452	452	17 commission.
453	453	18 Sec. 3. A psychologist practicing into a distant state under the
454	454	19 temporary authorization to practice shall practice within the scope
455	455	20 of practice authorized by the distant state.
456	456	21 Sec. 4. (a) A psychologist practicing into a distant state under
457	457	22 the temporary authorization to practice is subject to the distant
458	458	23 state's authority and law.
459	459	24 (b) A distant state may, in accordance with the state's due
460	460	25 process law, limit or revoke a psychologist's temporary
461	461	26 authorization to practice in the distant state and may take any
462	462	27 other necessary actions under the distant state's applicable law to
463	463	28 protect the health and safety of the distant state's citizens.
464	464	29 (c) If the distant state takes any action under this section, the
465	465	30 distant state shall promptly notify the home state and the
466	466	31 commission.
467	467	32 Sec. 5. If a psychologist's:
468	468	33 (1) license in any home state or another compact state; or
469	469	34 (2) temporary authorization to practice in any distant state;
470	470	35 is restricted, suspended, or otherwise limited, the
471	471	36 interjurisdictional practice certificate shall be revoked and the
472	472	37 psychologist shall not be eligible to practice in a compact state
473	473	38 under the temporary authorization to practice.
474	474	39 Chapter 6. Conditions of Telepsychology Practice in a Receiving
475	475	40 State
476	476	41 Sec. 1. A psychologist may practice in a receiving state under
477	477	42 the authority to practice interjurisdictional telepsychology only in
478	478	2022 IN 1069—LS 6434/DI 144 12
479	479	1 the performance of the scope of practice for psychology, as
480	480	2 assigned by an appropriate state psychology regulatory authority,
481	481	3 as defined in the rules of the commission, and under the following
482	482	4 circumstances:
483	483	5 (1) The psychologist initiates a client or patient contact in a
484	484	6 home state via telecommunication technologies with a client
485	485	7 or patient in a receiving state.
486	486	8 (2) Other conditions concerning telepsychology, as determined
487	487	9 by the rules promulgated by the commission.
488	488	10 Chapter 7. Adverse Actions
489	489	11 Sec. 1. A home state shall have the power to impose adverse
490	490	12 action against a psychologist's license issued by the home state. A
491	491	13 distant state shall have the power to take adverse action on a
492	492	14 psychologist's temporary authorization to practice within the
493	493	15 distant state.
494	494	16 Sec. 2. A receiving state may take adverse action on a
495	495	17 psychologist's authority to practice interjurisdictional
496	496	18 telepsychology within the receiving state. A home state may take
497	497	19 adverse action against a psychologist based on an adverse action
498	498	20 taken by a distant state concerning temporary in-person,
499	499	21 face-to-face practice.
500	500	22 Sec. 3. (a) If a home state takes adverse action against a
501	501	23 psychologist's license, the psychologist's:
502	502	24 (1) authority to practice interjurisdictional telepsychology is
503	503	25 terminated;
504	504	26 (2) E.Passport is revoked;
505	505	27 (3) temporary authorization to practice is terminated; and
506	506	28 (4) interjurisdictional practice certificate is revoked.
507	507	29 (b) All home state disciplinary orders that impose adverse
508	508	30 action must be reported to the commission in accordance with the
509	509	31 rules promulgated by the commission. A compact state shall report
510	510	32 adverse actions in accordance with the rules of the commission.
511	511	33 (c) In the event discipline is reported on a psychologist, the
512	512	34 psychologist is not eligible for telepsychology or temporary
513	513	35 in-person, face-to-face practice in accordance with the rules of the
514	514	36 commission.
515	515	37 (d) Other actions may be imposed on the psychologist, as
516	516	38 determined by the rules promulgated by the commission.
517	517	39 Sec. 4. A home state's psychology regulatory authority shall
518	518	40 investigate and take appropriate action concerning reported
519	519	41 inappropriate conduct engaged in by a licensee that occurred in a
520	520	42 receiving state as it would if the conduct had occurred by a licensee
521	521	2022 IN 1069—LS 6434/DI 144 13
522	522	1 within the home state. The home state's law shall control in
523	523	2 determining any adverse action against a psychologist's license.
524	524	3 Sec. 5. A distant state's psychology regulatory authority shall
525	525	4 investigate and take appropriate action concerning reported
526	526	5 inappropriate conduct engaged in by a psychologist practicing
527	527	6 under temporary authorization to practice that occurred in the
528	528	7 distant state as the distant state would if the conduct had occurred
529	529	8 by a licensee within the home state. The distant state's law shall
530	530	9 control in determining any adverse action against the
531	531	10 psychologist's temporary authorization to practice.
532	532	11 Sec. 6. (a) Nothing in this compact shall override a compact
533	533	12 state's decision that a psychologist's participation in an alternative
534	534	13 program may be used instead of adverse action and the
535	535	14 participation must remain nonpublic if required by the compact
536	536	15 state's law.
537	537	16 (b) Compact states must require psychologists who enter any
538	538	17 alternative programs to not provide telepsychology services under
539	539	18 the authority to practice interjurisdictional telepsychology or
540	540	19 provide temporary psychological services under the temporary
541	541	20 authorization to practice in any other compact state during the
542	542	21 term of the alternative program.
543	543	22 Sec. 7. No other judicial or administrative remedies shall be
544	544	23 available to a psychologist in the event a compact state imposes an
545	545	24 adverse action under section 3 of this chapter.
546	546	25 Chapter 8. Additional Authorities in a Compact State's
547	547	26 Psychology Regulatory Authority
548	548	27 Sec. 1. In addition to any other powers granted under state law,
549	549	28 a compact state's psychology regulatory authority shall have the
550	550	29 authority under this compact to do the following:
551	551	30 (1) Issue subpoenas for both hearings and investigations that
552	552	31 require the attendance and testimony of witnesses and the
553	553	32 production of evidence. Subpoenas issued by a compact state's
554	554	33 psychology regulatory authority for the attendance and
555	555	34 testimony of witnesses or the production of evidence from
556	556	35 another compact state must be enforced in the latter state by
557	557	36 any court of competent jurisdiction, and according to the
558	558	37 court's practice and procedure in considering subpoenas
559	559	38 issued by the court's proceedings. The issuing state
560	560	39 psychology regulatory authority shall pay any witness fees,
561	561	40 travel expenses, mileage, and other fees required by the
562	562	41 service statutes of the state where the witness or evidence is
563	563	42 located.
564	564	2022 IN 1069—LS 6434/DI 144 14
565	565	1 (2) Issue cease and desist or injunctive relief orders to revoke
566	566	2 a psychologist's authority to practice interjurisdictional
567	567	3 telepsychology or temporary authorization to practice.
568	568	4 Sec. 2. (a) During the course of any investigation, a psychologist
569	569	5 may not change the psychologist's home state licensure. A home
570	570	6 state psychology regulatory authority is authorized to complete
571	571	7 any pending investigations of a psychologist and to take any actions
572	572	8 appropriate under the home state's laws.
573	573	9 (b) The home state psychology regulatory authority shall
574	574	10 promptly report the conclusions of the investigations to the
575	575	11 commission.
576	576	12 (c) Once an investigation has been completed, and pending the
577	577	13 outcome of the investigation, the psychologist may change the
578	578	14 psychologist's home licensure. The commission shall promptly
579	579	15 notify the new home state of any decision, as provided in the rules
580	580	16 of the commission.
581	581	17 (d) All information provided to the commission or distributed
582	582	18 by compact states concerning the psychologist shall be confidential,
583	583	19 filed under seal, and used for investigatory or disciplinary matters.
584	584	20 The commission may create additional rules for mandated or
585	585	21 discretionary sharing of information by compact states.
586	586	22 Chapter 9. Coordinated Licensure Information System
587	587	23 Sec. 1. The commission shall provide for the development and
588	588	24 maintenance of a coordinated licensure information system and
589	589	25 reporting system (coordinated data base) containing licensure and
590	590	26 disciplinary action information on all individuals to whom this
591	591	27 compact is applicable in all compact states, as defined by the rules
592	592	28 of the commission.
593	593	29 Sec. 2. Notwithstanding any other provision of state law, a
594	594	30 compact state shall submit a uniform data set to the coordinated
595	595	31 data base on all licenses as required by the rules of the commission,
596	596	32 including the following:
597	597	33 (1) Identifying information.
598	598	34 (2) Licensure data.
599	599	35 (3) Significant investigatory information.
600	600	36 (4) Adverse actions against a psychologist's license.
601	601	37 (5) An indicator that a psychologist's authority to practice
602	602	38 interjurisdictional telepsychology or temporary authorization
603	603	39 to practice is revoked.
604	604	40 (6) Nonconfidential information concerning alternative
605	605	41 program participation information.
606	606	42 (7) Any denial of application for licensure and the reason for
607	607	2022 IN 1069—LS 6434/DI 144 15
608	608	1 the denial.
609	609	2 (8) Other information to facilitate the administration of the
610	610	3 compact, as determined by the rules of the commission.
611	611	4 Sec. 3. The coordinated data base administrator shall promptly
612	612	5 notify all compact states of any:
613	613	6 (1) adverse action taken against; or
614	614	7 (2) significant investigative information on;
615	615	8 any licensee in a compact state.
616	616	9 Sec. 4. A compact state reporting information to the coordinated
617	617	10 data base may designate information that may not be shared with
618	618	11 the public without the express permission of the compact state
619	619	12 reporting the information.
620	620	13 Sec. 5. Any information submitted to the coordinated data base
621	621	14 that is subsequently required to be expunged by the law of the
622	622	15 compact state reporting the information shall be removed from the
623	623	16 coordinated data base.
624	624	17 Chapter 10. Establishment of the Psychology Interjurisdictional
625	625	18 Compact Commission
626	626	19 Sec. 1. (a) The compact states hereby create and establish a joint
627	627	20 public agency known as the psychology interjurisdictional compact
628	628	21 commission.
629	629	22 (b) The commission is a body politic and an instrumentality of
630	630	23 the compact states.
631	631	24 (c) Venue is proper and judicial proceedings by or against the
632	632	25 commission shall be brought solely and exclusively in a court of
633	633	26 competent jurisdiction where the principal office of the commission
634	634	27 is located. The commission may waive venue and jurisdictional
635	635	28 defenses to the extent the commission adopts or consents to
636	636	29 participate in alternative dispute resolution proceedings.
637	637	30 (d) Nothing in this compact shall be construed to be a waiver of
638	638	31 sovereign immunity.
639	639	32 Sec. 2. (a) The commission shall consist of one (1) voting
640	640	33 delegate appointed by each compact state who shall serve as the
641	641	34 state's commissioner. The state psychology regulatory authority
642	642	35 shall appoint the state's delegate.
643	643	36 (b) The delegate shall be empowered to act on behalf of the
644	644	37 compact state. The delegate shall be limited to:
645	645	38 (1) an executive director, executive secretary, or a similar
646	646	39 executive position;
647	647	40 (2) a current member of the state psychology regulatory
648	648	41 authority of a compact state; or
649	649	42 (3) a designee empowered with the appropriate delegate
650	650	2022 IN 1069—LS 6434/DI 144 16
651	651	1 authority to act on behalf of the compact state.
652	652	2 (c) Any commissioner may be removed or suspended from office
653	653	3 as provided by the law of the state from which the commissioner is
654	654	4 appointed. Any vacancy occurring on the commission shall be filled
655	655	5 in accordance with the laws of the compact state in which the
656	656	6 vacancy exists.
657	657	7 Sec. 3. Each commissioner shall be entitled to one (1) vote
658	658	8 concerning the promulgation of rules and the creation of bylaws,
659	659	9 and otherwise have an opportunity to participate in the business
660	660	10 and affairs of the commission. A commissioner shall vote in person
661	661	11 or by any other means provided by the bylaws. The bylaws may
662	662	12 provide for commissioners to participate in meetings by telephone
663	663	13 or other means of communication.
664	664	14 Sec. 4. The commission shall meet at least once during each
665	665	15 calendar year. Additional meetings shall be held as set forth in the
666	666	16 bylaws.
667	667	17 Sec. 5. All meetings shall be open to the public, and public notice
668	668	18 of the meetings shall be given in the same manner as required
669	669	19 under the rulemaking provisions set forth in IC 25-33.5-11.
670	670	20 Sec. 6. (a) The commission may convene in a closed, nonpublic
671	671	21 meeting if the commission must discuss any of the following:
672	672	22 (1) Noncompliance of a compact state with the compact state's
673	673	23 obligations under the compact.
674	674	24 (2) The employment, compensation, discipline, other
675	675	25 personnel matters, practices or procedures concerning
676	676	26 specific employees, or other matters related to the
677	677	27 commission's internal personnel practices and procedures.
678	678	28 (3) Current, threatened, or reasonably anticipated litigation
679	679	29 against the commission.
680	680	30 (4) Negotiation of contracts for the purchase or sale of goods,
681	681	31 services, or real estate.
682	682	32 (5) Accusations against any person of a crime or formal
683	683	33 censure of a person.
684	684	34 (6) Disclosure of trade secrets, commercial, or financial
685	685	35 information that is privileged or confidential.
686	686	36 (7) Disclosure of information of a personal nature where
687	687	37 disclosure would constitute a clearly unwarranted invasion of
688	688	38 personal privacy.
689	689	39 (8) Disclosure of investigatory records compiled for law
690	690	40 enforcement purposes.
691	691	41 (9) Disclosure of information concerning any investigatory
692	692	42 reports prepared by or on behalf of or for use of the
693	693	2022 IN 1069—LS 6434/DI 144 17
694	694	1 commission or other committee charged with responsibility
695	695	2 for investigation or determination of compliance issues under
696	696	3 the compact.
697	697	4 (10) Matters specifically exempted from disclosure by federal
698	698	5 or state statute.
699	699	6 (b) If a meeting, or portion of a meeting, is closed under
700	700	7 subsection (a), the commission's legal counsel or designee shall
701	701	8 certify that the meeting may be closed and shall reference each
702	702	9 relevant exempting provision.
703	703	10 Sec. 7. (a) The commission shall keep minutes which fully and
704	704	11 clearly describe all matters discussed in a meeting, and the reasons
705	705	12 therefore, including a description of the views expressed.
706	706	13 (b) All documents considered in connection with an action shall
707	707	14 be identified in the minutes.
708	708	15 (c) All minutes and documents of a closed meeting shall remain
709	709	16 under seal, subject to release only by a majority vote of the
710	710	17 commission or order of a court of competent jurisdiction.
711	711	18 Sec. 8. (a) The commission shall, by a majority vote of the
712	712	19 commissioners, prescribe bylaws or rules to govern the
713	713	20 commission's conduct as may be necessary or appropriate to carry
714	714	21 out the purposes and exercise the powers of the compact, including
715	715	22 the following:
716	716	23 (1) Establishing the fiscal year of the commission.
717	717	24 (2) Providing reasonable standards and procedures:
718	718	25 (A) for the establishment and meetings of other
719	719	26 committees; and
720	720	27 (B) for the governing of any general or specific delegation
721	721	28 of any authority or function of the commission.
722	722	29 (3) Providing reasonable procedures for calling and
723	723	30 conducting meetings of the commission, ensuring reasonable
724	724	31 advance notice of all meetings and providing an opportunity
725	725	32 for attendance of the meetings by interested parties, with
726	726	33 enumerated exceptions designed to protect the public's
727	727	34 interest, the privacy of individuals of any proceeding, and
728	728	35 proprietary information, including trade secrets.
729	729	36 (4) Establishing the titles, duties, and authority and
730	730	37 reasonable procedures for the election of the officers of the
731	731	38 commission.
732	732	39 (5) Providing reasonable standards and procedures for the
733	733	40 establishment of the personnel policies and programs of the
734	734	41 commission. Notwithstanding any other state law, the bylaws
735	735	42 shall exclusively govern the personnel policies and programs
736	736	2022 IN 1069—LS 6434/DI 144 18
737	737	1 of the commission.
738	738	2 (6) Promulgating a code of ethics to address permissible and
739	739	3 prohibited activities of commission members and employees.
740	740	4 (7) Providing a mechanism for concluding the operations of
741	741	5 the commission and the equitable disposition of any surplus
742	742	6 funds that may exist after the termination of the compact
743	743	7 after the payment or reserving of all of the commission's debts
744	744	8 and obligations.
745	745	9 (b) The commission may meet in closed session only after a
746	746	10 majority of the commissioners vote to close a meeting to the public
747	747	11 in whole or in part. As soon as practicable, the commission must
748	748	12 make public a copy of the vote to close the meeting revealing the
749	749	13 vote of each commissioner with no proxy votes allowed.
750	750	14 (c) The commission shall publish the bylaws in a convenient
751	751	15 form and file a copy of the bylaws and any amendments to the
752	752	16 bylaws with the appropriate agency or officer in each compact
753	753	17 state.
754	754	18 (d) The commission shall maintain the commission's financial
755	755	19 records in accordance with the bylaws.
756	756	20 (e) The commission shall meet and take any action that is
757	757	21 consistent with the provisions of the compact and the bylaws.
758	758	22 Sec. 9. The commission shall have the following powers:
759	759	23 (1) Promulgate uniform rules to facilitate and coordinate
760	760	24 implementation and administration of the compact. The rules
761	761	25 shall have the force and effect of laws and shall be binding in
762	762	26 all compact states.
763	763	27 (2) Bring and prosecute legal proceedings or actions in the
764	764	28 name of the commission, provided that the standing of any
765	765	29 state psychology regulatory authority or other regulatory
766	766	30 body responsible for psychology licensure to sue or be sued
767	767	31 under applicable law shall not be affected.
768	768	32 (3) Purchase and maintain insurance and bonds.
769	769	33 (4) Borrow, accept, or contract for services of personnel,
770	770	34 including employees of a compact state.
771	771	35 (5) Hire employees, elect or appoint officers, fix
772	772	36 compensation, define duties, grant appropriate authority to
773	773	37 individuals to carry out the purposes of the compact, and
774	774	38 establish the commission's personnel policies and programs
775	775	39 concerning conflicts of interest, qualifications of personnel,
776	776	40 and other related personnel matters.
777	777	41 (6) Accept, receive, utilize, and dispose of any and all
778	778	42 appropriate donations and grants of money, equipment,
779	779	2022 IN 1069—LS 6434/DI 144 19
780	780	1 supplies, materials, and services.
781	781	2 (7) Lease, purchase, accept appropriate gifts or donations, or
782	782	3 otherwise own, hold, improve, or use, any:
783	783	4 (A) real;
784	784	5 (B) personal; or
785	785	6 (C) mixed;
786	786	7 property, provided that at all times the commission shall
787	787	8 strive to avoid any appearance of impropriety.
788	788	9 (8) Sell, convey, mortgage, pledge, lease, exchange, abandon,
789	789	10 or otherwise dispose of any:
790	790	11 (A) real;
791	791	12 (B) personal; or
792	792	13 (C) mixed;
793	793	14 property.
794	794	15 (9) Establish a budget and make expenditures.
795	795	16 (10) Borrow money.
796	796	17 (11) Appoint committees, including advisory committees,
797	797	18 comprised of members, state regulators, state legislators or a
798	798	19 state legislator's designee, consumer representatives, and any
799	799	20 other interested persons as may be designated in the compact
800	800	21 and the bylaws.
801	801	22 (12) Provide and receive information from, and cooperate
802	802	23 with, law enforcement agencies.
803	803	24 (13) Adopt and use an official seal.
804	804	25 (14) Perform other functions that may be necessary or
805	805	26 appropriate to achieve the purposes of the compact and that
806	806	27 are consistent with the state regulation of psychology
807	807	28 licensure, temporary in-person, face-to-face practice, and the
808	808	29 practice of telepsychology.
809	809	30 Sec. 10. (a) The elected officers of the commission shall serve as
810	810	31 the executive board and have the power to act on behalf of the
811	811	32 commission in accordance with the compact.
812	812	33 (b) The executive board shall be comprised of the following six
813	813	34 (6) members:
814	814	35 (1) Five (5) voting members who are elected from the current
815	815	36 membership of the commission by the commission.
816	816	37 (2) One (1) ex officio, nonvoting member from the recognized
817	817	38 membership organization composed of state and provincial
818	818	39 psychology regulatory authorities.
819	819	40 (c) The ex officio member must have served as staff or a
820	820	41 member of a state psychology regulatory authority and will be
821	821	42 selected by the respective organization.
822	822	2022 IN 1069—LS 6434/DI 144 20
823	823	1 (d) The commission may remove any member of the executive
824	824	2 board as provided in the bylaws of the compact.
825	825	3 (e) The executive board shall meet at least once annually.
826	826	4 (f) The executive board shall have the following duties and
827	827	5 responsibilities:
828	828	6 (1) Make recommendations to the entire commission for any:
829	829	7 (A) changes to the rules or bylaws;
830	830	8 (B) changes to compact legislation; and
831	831	9 (C) fees to be paid by compact states, including annual
832	832	10 dues and other applicable fees.
833	833	11 (2) Ensure compact administration services are appropriately
834	834	12 provided, whether by contract or otherwise.
835	835	13 (3) Prepare and recommend the budget.
836	836	14 (4) Maintain financial records on behalf of the commission.
837	837	15 (5) Monitor compact compliance of member states and
838	838	16 provide compliance reports to the commission.
839	839	17 (6) Establish additional committees, as necessary.
840	840	18 (7) Perform any other duties provided in the rules or bylaws.
841	841	19 Sec. 11. (a) The commission shall pay, or provide for the
842	842	20 payment of, the reasonable expenses of the commission's
843	843	21 establishment, organization, and any ongoing activities.
844	844	22 (b) The commission may accept any appropriate revenue
845	845	23 sources, donations, and grants of money, equipment, supplies,
846	846	24 materials, and services.
847	847	25 (c) The commission may:
848	848	26 (1) levy on, and collect an annual assessment from, each
849	849	27 compact state; or
850	850	28 (2) impose fees on other parties;
851	851	29 to cover the cost of the operations and activities of the commission
852	852	30 and the commission's staff in an amount that is sufficient to cover
853	853	31 the commission's annual budget as approved each year for revenue
854	854	32 that is not provided by other sources. The aggregate annual
855	855	33 assessment amount shall be allocated based upon a formula
856	856	34 determined by the commission and promulgated through a rule
857	857	35 binding all the compact states.
858	858	36 (d) The commission shall not incur any obligations of any kind
859	859	37 before securing adequate funds to meet the obligation. The
860	860	38 commission may not pledge the credit of any of the compact states
861	861	39 except by and with the authority of the compact state.
862	862	40 (e) The commission shall keep accurate accounts of all receipts
863	863	41 and disbursements. The commission's receipts and disbursements
864	864	42 shall be subject to the audit and accounting procedures established
865	865	2022 IN 1069—LS 6434/DI 144 21
866	866	1 under the commission's bylaws. However, all receipts and
867	867	2 disbursements of funds handled by the commission shall be audited
868	868	3 yearly by a certified or licensed public accountant and the report
869	869	4 of the audit shall be included in, and become part of, the
870	870	5 commission's annual report.
871	871	6 Sec. 12. (a) The:
872	872	7 (1) members;
873	873	8 (2) officers;
874	874	9 (3) executive director;
875	875	10 (4) employees; and
876	876	11 (5) representatives;
877	877	12 of the commission shall be immune from each suit and liability,
878	878	13 either personally or in the individual's official capacity, for any
879	879	14 claim for damage to or loss of property, personal injury, or other
880	880	15 civil liability caused by or arising out of an actual or alleged act,
881	881	16 error, or omission that occurred, or that the person against whom
882	882	17 the claim is made had a reasonable basis for believing occurred
883	883	18 within the scope of commission employment, duties, or
884	884	19 responsibilities as long as nothing may be construed to protect any
885	885	20 individual from a suit or liability for any damage, loss, injury, or
886	886	21 liability caused by the intentional or willful or wanton misconduct
887	887	22 of the individual.
888	888	23 (b) The commission shall defend any member, officer, executive
889	889	24 director, employee, or representative of the commission in any civil
890	890	25 action seeking to impose liability arising out of any actual or
891	891	26 alleged act, error, or omission that occurred within the scope of
892	892	27 commission employment, duties, or responsibilities, or that the
893	893	28 individual against whom the claim is made had a reasonable basis
894	894	29 for believing occurred within the scope of the commission
895	895	30 employment, duties, or responsibilities, provided that:
896	896	31 (1) nothing shall be construed to prohibit the individual from
897	897	32 retaining the individual's own counsel; and
898	898	33 (2) the actual or alleged act, error, or omission did not result
899	899	34 from the individual's intentional or willful or wanton
900	900	35 misconduct.
901	901	36 (c) The commission shall indemnify and hold harmless any
902	902	37 member, officer, executive director, employee, or representative of
903	903	38 the commission for the amount of any settlement or judgment
904	904	39 obtained against the individual arising out of any actual or alleged
905	905	40 act, error, or omission that occurred within the scope of
906	906	41 commission employment, duties, or responsibilities, or that the
907	907	42 individual had reasonable basis for believing occurred within the
908	908	2022 IN 1069—LS 6434/DI 144 22
909	909	1 scope of commission employment, duties, or responsibilities,
910	910	2 provided that the actual or alleged act, error, or omission did not
911	911	3 result from intentional or willful or wanton misconduct by the
912	912	4 individual.
913	913	5 Chapter 11. Rulemaking
914	914	6 Sec. 1. The commission shall exercise the commission's
915	915	7 rulemaking powers pursuant to the criteria set forth in this chapter
916	916	8 and the rules adopted under this chapter. Rules and amendments
917	917	9 shall become binding as of the date specified in each rule or
918	918	10 amendment.
919	919	11 Sec. 2. If a majority of the legislatures of the compact states
920	920	12 reject a rule, by enactment of a statute or resolution in the same
921	921	13 manner that was used to adopt the compact, then the rule shall
922	922	14 have no further force and effect in any compact state.
923	923	15 Sec. 3. Rules, or amendments to the rules, shall be adopted at a
924	924	16 regular or special meeting of the commission.
925	925	17 Sec. 4. (a) Before promulgation and adoption of a final rule by
926	926	18 the commission, and at least sixty (60) days in advance of the
927	927	19 meeting at which the rule will be considered and voted upon, the
928	928	20 commission shall file a notice of proposed rulemaking as follows:
929	929	21 (1) On the commission's Internet web site.
930	930	22 (2) On:
931	931	23 (A) the Internet web site of each compact state's
932	932	24 psychology regulatory authority; or
933	933	25 (B) the publication in which each state would otherwise
934	934	26 publish proposed rules.
935	935	27 (b) The notice of proposed rulemaking shall include the
936	936	28 following:
937	937	29 (1) The proposed time, date, and location of the meeting in
938	938	30 which the rule will be considered and voted upon.
939	939	31 (2) The text of the proposed rule or amendment and the
940	940	32 reason for the proposed rule.
941	941	33 (3) A request for comments on the proposed rule from any
942	942	34 interested person.
943	943	35 (4) The manner in which an interested person may submit
944	944	36 notice to the commission of the person's intention to attend
945	945	37 the public hearing and any written comments.
946	946	38 Sec. 5. Before the adoption of a proposed rule, the commission
947	947	39 shall allow a person to submit written data, facts, opinions, and
948	948	40 arguments to the commission and the submission shall be made
949	949	41 available to the public.
950	950	42 Sec. 6. (a) The commission shall grant an opportunity for a
951	951	2022 IN 1069—LS 6434/DI 144 23
952	952	1 public hearing before the commission adopts a rule or amendment
953	953	2 if a hearing is requested by:
954	954	3 (1) at least twenty-five (25) persons who submit comments
955	955	4 independently of each other;
956	956	5 (2) a governmental subdivision or agency; or
957	957	6 (3) a duly appointed person in an association that has at least
958	958	7 twenty-five (25) members.
959	959	8 (b) If a hearing is held on the proposed rule or amendment, the
960	960	9 commission shall publish the location, time, and date of the
961	961	10 scheduled public hearing.
962	962	11 (c) Any person wishing to be heard at the hearing shall notify
963	963	12 the executive director of the commission or other designated
964	964	13 member in writing of the person's desire to appear and testify at
965	965	14 the hearing not less than five (5) business days before the scheduled
966	966	15 date of the hearing.
967	967	16 (d) The hearing shall be conducted in a manner that provides
968	968	17 each person who wishes to comment a fair and reasonable
969	969	18 opportunity to comment orally or in writing.
970	970	19 (e) No transcript of the hearing is required, unless a written
971	971	20 request for the transcription is made. If a written request for a
972	972	21 transcript is made, the person requesting the transcript shall bear
973	973	22 the cost of producing the transcript. A recording may be made in
974	974	23 lieu of a transcript under the same terms and conditions as a
975	975	24 transcript. This subsection shall not preclude the commission from
976	976	25 making a transcript or recording of the hearing if the commission
977	977	26 chooses to do so.
978	978	27 (f) Nothing in this section shall be construed as requiring a
979	979	28 separate hearing on each rule. Rules may be grouped for the
980	980	29 convenience of the commission at hearings required by this section.
981	981	30 (g) Following the scheduled hearing date, or by the close of
982	982	31 business on the scheduled hearing date if the hearing was not held,
983	983	32 the commission shall consider all written and oral comments
984	984	33 received.
985	985	34 (h) The commission shall, by a majority vote of all members,
986	986	35 take final action on the proposed rule and shall determine the
987	987	36 effective date of the rule, if any, based on the rulemaking record
988	988	37 and the full text of the rule.
989	989	38 (i) If no written notice of intent to attend the public hearing by
990	990	39 interested parties is received, the commission may proceed with
991	991	40 promulgation of the proposed rule without a public hearing.
992	992	41 Sec. 7. (a) Upon determination that an emergency exists, the
993	993	42 commission may consider and adopt an emergency rule without:
994	994	2022 IN 1069—LS 6434/DI 144 24
995	995	1 (1) prior notice;
996	996	2 (2) opportunity for comment; or
997	997	3 (3) hearing;
998	998	4 provided that the usual rulemaking procedures provided in the
999	999	5 compact and in this chapter shall be retroactively applied to the
1000	1000	6 rule as soon as reasonably possible, and not later than ninety (90)
1001	1001	7 days after the effective date of the rule.
1002	1002	8 (b) For the purposes of this section, an emergency rule is a rule
1003	1003	9 that must be adopted immediately in order to:
1004	1004	10 (1) meet an imminent threat to public health, safety, or
1005	1005	11 welfare;
1006	1006	12 (2) prevent a loss of commission or compact state funds;
1007	1007	13 (3) meet a deadline for the promulgation of an administrative
1008	1008	14 rule that is established by federal law or rule; or
1009	1009	15 (4) protect public health and safety.
1010	1010	16 Sec. 8. (a) The commission, or an authorized committee of the
1011	1011	17 commission, may direct revisions to a previously adopted rule or
1012	1012	18 amendment for purposes of correcting typographical errors, errors
1013	1013	19 in format, errors in consistency, or grammatical errors. Public
1014	1014	20 notice of any revisions shall be posted on the commission's Internet
1015	1015	21 web site. The revision must be subject to challenge by any person
1016	1016	22 for a period of thirty (30) days after posting.
1017	1017	23 (b) The revision may be challenged only on grounds that the
1018	1018	24 revision results in a material change to a rule. A challenge must be
1019	1019	25 made in writing and delivered to the chair of the commission
1020	1020	26 before the end of the notice period.
1021	1021	27 (c) If no challenge is made, the revision will take effect without
1022	1022	28 further action. If the revision is challenged, the revision may not
1023	1023	29 take effect without the approval of the commission.
1024	1024	30 Chapter 12. Oversight, Dispute Resolution, and Enforcement
1025	1025	31 Sec. 1. (a) The executive, legislative, and judicial branches of
1026	1026	32 state government in each compact state shall enforce the compact
1027	1027	33 and take all actions necessary and appropriate to effectuate the
1028	1028	34 compact's purposes and intent.
1029	1029	35 (b) The provisions of this compact and the rules promulgated
1030	1030	36 under the compact shall have standing as statutory law.
1031	1031	37 (c) All courts shall take judicial notice of the compact and the
1032	1032	38 rules in any judicial or administrative proceeding in a compact
1033	1033	39 state pertaining to the subject matter of the compact that may
1034	1034	40 affect the powers, responsibilities, or actions of the commission.
1035	1035	41 (d) The commission shall be entitled to receive service of process
1036	1036	42 in any proceeding, and shall have standing to intervene in the
1037	1037	2022 IN 1069—LS 6434/DI 144 25
1038	1038	1 proceeding for all purposes. Failure to provide service of process
1039	1039	2 to the commission shall render a judgment or order void as to the
1040	1040	3 commission, this compact, or promulgated rules.
1041	1041	4 Sec. 2. (a) If the commission determines that a compact state has
1042	1042	5 defaulted in the performance of the compact state's obligations or
1043	1043	6 responsibilities under this compact or the promulgated rules, the
1044	1044	7 commission shall provide the following:
1045	1045	8 (1) Written notice to the defaulting state and other compact
1046	1046	9 states of the nature of the default, the proposed means of
1047	1047	10 remedying the default, and any other action to be taken by the
1048	1048	11 commission.
1049	1049	12 (2) Remedial training and specific technical assistance
1050	1050	13 concerning the default.
1051	1051	14 (b) If a state in default fails to remedy the default, the defaulting
1052	1052	15 state may be terminated from the compact upon an affirmative
1053	1053	16 vote of a majority of the compact states, and all rights, privileges,
1054	1054	17 and benefits conferred by this compact shall be terminated on the
1055	1055	18 effective date of termination. A remedy of the default does not
1056	1056	19 relieve the offending state of obligations or liabilities incurred
1057	1057	20 during the period of default.
1058	1058	21 Sec. 3. (a) Termination of membership in the compact shall be
1059	1059	22 imposed only after all means of securing compliance have been
1060	1060	23 exhausted. Notice of intent to suspend or terminate shall be
1061	1061	24 submitted by the commission to the governor, the majority and
1062	1062	25 minority leaders of the defaulting state's legislature, and each of
1063	1063	26 the compact states.
1064	1064	27 (b) A compact state that has been terminated is responsible for
1065	1065	28 all assessments, obligations, and liabilities incurred through the
1066	1066	29 effective date of the termination, including obligations that extend
1067	1067	30 beyond the effective date of termination.
1068	1068	31 Sec. 4. The commission shall not bear any costs incurred by the
1069	1069	32 state that is found to be in default or that has been terminated from
1070	1070	33 the compact unless agreed upon in writing by the commission and
1071	1071	34 defaulting state.
1072	1072	35 Sec. 5. The defaulting state may appeal the action of the
1073	1073	36 commission by petitioning the United States District Court for the
1074	1074	37 state of Georgia or the federal district where the compact has the
1075	1075	38 compact's principal offices. The prevailing member shall be
1076	1076	39 awarded all costs of the litigation, including reasonable attorney's
1077	1077	40 fees.
1078	1078	41 Sec. 6. (a) Upon request by a compact state, the commission
1079	1079	42 shall attempt to resolve disputes that arise concerning the compact
1080	1080	2022 IN 1069—LS 6434/DI 144 26
1081	1081	1 among compact states and between compact and noncompact
1082	1082	2 states.
1083	1083	3 (b) The commission shall promulgate a rule providing for both
1084	1084	4 mediation and binding dispute resolution for disputes that arise
1085	1085	5 before the commission.
1086	1086	6 Sec. 7. The commission, in the reasonable exercise of the
1087	1087	7 commission's discretion, shall enforce the provisions and rules of
1088	1088	8 the compact.
1089	1089	9 Sec. 8. (a) By a majority vote, the commission may initiate legal
1090	1090	10 action in the United States District Court for the state of Georgia
1091	1091	11 or the federal district where the compact has the compact's
1092	1092	12 principal offices against a compact state in default to enforce
1093	1093	13 compliance with the provisions of the compact and the
1094	1094	14 commission's promulgated rules and bylaws.
1095	1095	15 (b) The relief sought may include both injunctive relief and
1096	1096	16 damages.
1097	1097	17 (c) If judicial enforcement is necessary, the prevailing member
1098	1098	18 shall be awarded all costs of the litigation, including reasonable
1099	1099	19 attorney's fees.
1100	1100	20 Sec. 9. The remedies in this chapter shall not be the exclusive
1101	1101	21 remedies of the commission. The commission may pursue any other
1102	1102	22 remedies available under federal or state law.
1103	1103	23 Chapter 13. Date of Implementation of the Compact,
1104	1104	24 Commission, and Rules; Withdrawal and Amendments
1105	1105	25 Sec. 1. The compact shall come into effect on the date on which
1106	1106	26 the compact is enacted into law in the seventh compact state. The
1107	1107	27 provisions that become effective shall be limited to the powers
1108	1108	28 granted to the commission concerning assembly and the
1109	1109	29 promulgation of rules. Thereafter, the commission shall meet and
1110	1110	30 exercise rulemaking powers necessary to the implementation and
1111	1111	31 administration of the compact.
1112	1112	32 Sec. 2. (a) Any state that joins the compact after the
1113	1113	33 commission's initial adoption of the rules shall be subject to the
1114	1114	34 rules as the rules exist on the date in which the compact becomes
1115	1115	35 law in the state.
1116	1116	36 (b) Any rules that have been previously adopted by the
1117	1117	37 commission shall have the full force and effect of law on the day the
1118	1118	38 compact becomes law in the state.
1119	1119	39 Sec. 3. (a) Any compact state may withdraw from the compact
1120	1120	40 by enacting a statute repealing the compact.
1121	1121	41 (b) A compact state's withdrawal shall not take effect until six
1122	1122	42 (6) months after enactment of the repealing statute.
1123	1123	2022 IN 1069—LS 6434/DI 144 27
1124	1124	1 (c) Withdrawal from the compact shall not affect the continuing
1125	1125	2 requirement of the withdrawing state's psychology regulatory
1126	1126	3 authority to comply with the investigative and adverse action
1127	1127	4 reporting requirements of this article before the effective date of
1128	1128	5 withdrawal.
1129	1129	6 Sec. 4. Nothing contained in the compact shall be construed to
1130	1130	7 invalidate or prevent any psychology licensure agreement or other
1131	1131	8 cooperative arrangement between a compact state and a
1132	1132	9 noncompact state that does not conflict with the provisions of the
1133	1133	10 compact.
1134	1134	11 Sec. 5. The compact may be amended by the compact states. No
1135	1135	12 amendment to this compact shall become effective and binding
1136	1136	13 upon any compact state until the amendment is enacted into the
1137	1137	14 law of all compact states.
1138	1138	15 Chapter 14. Construction and Severability
1139	1139	16 Sec. 1. This compact shall be liberally construed so as to
1140	1140	17 effectuate the purposes of the compact. If the compact shall be held
1141	1141	18 to be contrary to the constitution of any state member of the
1142	1142	19 compact, the compact shall remain in full force and effect as to the
1143	1143	20 remaining compact states.
1144	1144	21 SECTION 3. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
1145	1145	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
1146	1146	23 [EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-33.5-10-12
1147	1147	24 (Concerning acts, errors, and omissions under the psychology
1148	1148	25 interjurisdictional compact).
1149	1149	2022 IN 1069—LS 6434/DI 144