*ES0365.1*
February 10, 2022
ENGROSSED
SENATE BILL No. 365
_____
DIGEST OF SB 365 (Updated February 9, 2022 9:45 am - DI 140)
Citations Affected: IC 25-33; IC 25-33.5; IC 34-30.
Synopsis: Psychology interjurisdictional compact. Establishes the
psychology interjurisdictional compact concerning interjurisdictional
telepsychology and the temporary authorization to practice psychology
in another compact state. Sets forth requirements of a compact state.
Sets forth the duties of the psychology interjurisdictional compact
commission.
Effective: July 1, 2022.
Messmer, Becker
(HOUSE SPONSORS — ZIEMKE, CLERE)
January 11, 2022, read first time and referred to Committee on Health and Provider
Services.
January 20, 2022, reported favorably — Do Pass.
January 24, 2022, read second time, ordered engrossed. Engrossed.
January 25, 2022, read third time, passed. Yeas 46, nays 0.
HOUSE ACTION
February 1, 2022, read first time and referred to Committee on Public Health.
February 10, 2022, reported — Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
ES 365—LS 6432/DI 144 February 10, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 365
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-33-1-3.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 3.5. The board is the state psychology regulatory
4 authority for purposes of IC 25-33.5.
5 SECTION 2. IC 25-33.5 IS ADDED TO THE INDIANA CODE AS
6 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
7 2022]:
8 ARTICLE 33.5. PSYCHOLOGY INTERJURISDICTIONAL
9 COMPACT
10 Chapter 1. Purpose and Applicability
11 Sec. 1. The party states make the following findings:
12 (1) States license psychologists in order to protect the public
13 through verification of education, training, and experience,
14 and to ensure accountability for professional practice.
15 (2) The compact under this article is intended to regulate the
16 following:
17 (A) The day to day practice of telepsychology by
ES 365—LS 6432/DI 144 2
1 psychologists across state boundaries in the performance
2 of the practice of psychology, as assigned by an
3 appropriate authority.
4 (B) The temporary in-person, face-to-face practice of
5 psychology by psychologists across state boundaries for
6 not more than thirty (30) days within a calendar year in
7 the performance of the practice of psychology, as assigned
8 by an appropriate authority.
9 (3) The compact under this article is intended to authorize the
10 state psychology regulatory authorities to afford legal
11 recognition, in a manner consistent with the terms of the
12 compact under this article, to psychologists licensed in
13 another state.
14 (4) States have a vested interest in protecting the public's
15 health and safety through licensing and regulating
16 psychologists and that state regulation best protects public
17 health and safety.
18 Sec. 2. The compact set forth in this article does not apply to the
19 following:
20 (1) When a psychologist is licensed in both the home and
21 receiving state.
22 (2) Permanent in-person, face-to-face practice.
23 However, the compact does allow for the authorization of a
24 temporary psychologic practice.
25 Sec. 3. The compact set forth in this article is designed to
26 achieve the following purposes and objectives:
27 (1) Increase public access to professional psychological
28 services by allowing for telepsychological practice across state
29 lines as well as temporary in-person, face-to-face services into
30 a state in which the psychologist is not licensed to practice
31 psychology.
32 (2) Enhance the states' ability to protect the health and safety
33 of the public, especially client and patient safety.
34 (3) Encourage the cooperation of compact states in the area of
35 psychology licensure and regulation.
36 (4) Facilitate the exchange of information between compact
37 states concerning psychologist licensure, adverse actions, and
38 disciplinary history.
39 (5) Promote compliance with the laws governing psychological
40 practice in each compact state.
41 (6) Invest all compact states with the authority to hold
42 licensed psychologists accountable through the mutual
ES 365—LS 6432/DI 144 3
1 recognition of compact state licenses.
2 Chapter 2. Definitions
3 Sec. 1. The definitions set forth in this chapter apply to this
4 article.
5 Sec. 2. "Adverse action" means any action taken by a state
6 psychology regulatory authority that finds a violation of a statute
7 or regulation that is identified by the state psychology regulatory
8 authority as discipline and is a matter of public record.
9 Sec. 3. "Association of State and Provincial Psychology Boards"
10 means the recognized membership organization composed of state
11 and provincial psychology regulatory authorities responsible for
12 the licensure and registration of psychologists throughout the
13 United States and Canada.
14 Sec. 4. "Authority to practice interjurisdictional
15 telepsychology" means the authority of a licensed psychologist to
16 practice telepsychology, within the limits authorized under the
17 compact set forth in this article, in another compact state.
18 Sec. 5. "Bylaws" refers to the bylaws established by the
19 psychology interjurisdictional compact commission under
20 IC 25-33.5-10 for the governance of the compact or for directing
21 and controlling actions and conduct under the compact.
22 Sec. 6. "Client" or "patient" refers to the recipient of
23 psychological services, whether psychological services are
24 delivered in the context of health care, corporate, supervision, or
25 consulting services.
26 Sec. 7. "Commission" refers to the psychology
27 interjurisdictional compact commission, that national
28 administration of which all compact states are members, as
29 established by IC 25-33.5-10.
30 Sec. 8. "Commissioner" means the voting representative
31 appointed by each state psychology regulatory authority under
32 IC 25-33.5-10.
33 Sec. 9. "Compact state" means a state, the District of Columbia,
34 or a United States territory that has enacted the compact set forth
35 in this article and has not withdrawn under IC 25-33.5-13 or been
36 terminated under IC 25-33.5-12.
37 Sec. 10. "Confidentiality" means the principle that data or
38 information is not made available or disclosed to unauthorized
39 persons or processes.
40 Sec. 11. "Coordinated licensure information system" or
41 "coordinated data base" refers to the integrated process for
42 collecting, storing, and sharing information on psychologist
ES 365—LS 6432/DI 144 4
1 licensure and enforcement activities related to psychology licensure
2 laws and that is administered by the recognized membership
3 organization composed of state and provincial psychology
4 regulatory authorities.
5 Sec. 12. "Day" means any part of a day in which psychological
6 work is performed.
7 Sec. 13. "Distant state" means the compact state where a
8 psychologist is physically present (not through the use of
9 telecommunication technology) to provide temporary in-person,
10 face-to-face psychological services.
11 Sec. 14. "E.Passport" means a certificate issued by the
12 Association of State and Provincial Psychology Boards that
13 promotes the standardization in the criteria of interjurisdictional
14 telepsychology practice and facilitates the process for licensed
15 psychologists to provide telepsychological services across state
16 lines.
17 Sec. 15. "Executive board" means a group of directors elected
18 or appointed to act on behalf of and within the powers granted to
19 the group by the commission.
20 Sec. 16. "Home state" means one (1) of the following:
21 (1) The compact state where a psychologist is licensed to
22 practice psychology.
23 (2) If the psychologist is licensed in more than one (1) compact
24 state as a psychologist and is practicing under the
25 authorization to practice interjurisdictional telepsychology,
26 the compact state where the psychologist is physically present
27 when the telepsychological services are delivered.
28 (3) If the psychologist is licensed in more than one (1) compact
29 state and is practicing under the temporary authorization to
30 practice, the compact state where the psychologist is licensed.
31 Sec. 17. "Identity history summary" means a summary of
32 information retained by the Federal Bureau of Investigation or
33 other designee with similar authority in connection with arrests
34 and, in some instances, federal employment, naturalization, or
35 military service.
36 Sec. 18. "In-person, face-to-face" means interactions in which
37 the psychologist and the client or patient are in the same physical
38 space and that does not include interactions that may occur
39 through the use of telecommunication technology.
40 Sec. 19. "Interjurisdictional practice certificate" refers to a
41 certificate issued by the Association of State and Provincial
42 Psychology Boards that grants temporary authority to practice
ES 365—LS 6432/DI 144 5
1 based on notification to the state psychology regulatory authority
2 of intention to practice temporarily and the verification of the
3 individual's qualifications to practice psychology.
4 Sec. 20. "License" means the authorization by a state regulatory
5 authority to engage in the independent practice of psychology that
6 would otherwise be unlawful to practice without authorization.
7 Sec. 21. "Noncompact state" refers to any state that is not a
8 compact state.
9 Sec. 22. "Psychologist" means an individual who is licensed for
10 the independent practice of psychology.
11 Sec. 23. "Receiving state" refers to a compact state where the
12 client or patient is physically located when the telepsychological
13 services are delivered.
14 Sec. 24. "Rule" means a written statement by the psychology
15 interjurisdictional compact commission promulgated under
16 IC 25-33.5-11 that is of general applicability, implements,
17 interprets, or prescribes a policy or provision of the compact, or an
18 organizational, procedural, or practice requirement of the
19 commission and has the force and effect of statutory law in a
20 compact state, including the amendment, repeal, or suspension of
21 an existing rule.
22 Sec. 25. "Significant investigatory information" means:
23 (1) investigatory information that the state psychology
24 regulatory authority has reason to believe, after a preliminary
25 inquiry that includes notification and opportunity to respond
26 if required by state law, if proven true, would indicate more
27 than a violation of state statute or ethics code that would be
28 considered more substantial than a minor infraction; or
29 (2) investigatory information that indicates that the
30 psychologist represents an immediate threat to public health
31 and safety regardless of whether the psychologist has been
32 notified or had an opportunity to respond.
33 Sec. 26. "State" refers to a state, commonwealth, territory, or
34 possession of the United States, including the District of Columbia.
35 Sec. 27. "State psychology regulatory authority" means a board,
36 office, or other agency with the legislative mandate to license or
37 regulate the practice of psychology. For purposes of investigatory
38 activities, the term includes any other state agency lawfully
39 responsible for conducting investigations.
40 Sec. 28. "Telepsychology" means the provision of psychological
41 services using telecommunication technology.
42 Sec. 29. "Temporary authorization to practice" means the
ES 365—LS 6432/DI 144 6
1 authority of a licensed psychologist to conduct temporary
2 in-person, face-to-face practice, within the limits authorized under
3 the compact set forth in this article, in a compact state.
4 Sec. 30. "Temporary in-person, face-to-face practice" means
5 that a psychologist is physically present (not through the use of
6 telecommunication technology) in the distant state to provide for
7 the practice of psychology for not more than thirty (30) days within
8 a calendar year and based on notification to the distant state.
9 Chapter 3. Home State Licensure
10 Sec. 1. The home state is a compact state where the psychologist
11 is licensed to practice psychology.
12 Sec. 2. (a) A psychologist may hold more than one (1) compact
13 state license at a time.
14 (b) If the psychologist is licensed in more than one (1) compact
15 state, the home state is the compact state where the psychologist is
16 physically present when the services are delivered, as authorized
17 by the authority to practice interjurisdictional telepsychology
18 under the terms of the compact.
19 Sec. 3. A compact state may require a psychologist not
20 previously licensed in the compact state to obtain and retain a
21 license to be authorized to practice in the compact state under
22 circumstances not authorized by the authority to practice
23 interjurisdictional telepsychology under the terms of the compact.
24 Sec. 4. A compact state may require a psychologist to obtain and
25 retain a license to be authorized to practice in a compact state
26 under circumstances not authorized by temporary authorization
27 to practice under the terms of the compact.
28 Sec. 5. A home state's license authorizes a psychologist to
29 practice in a receiving state under the authority to practice
30 interjurisdictional telepsychology only if the compact state:
31 (1) currently requires the psychologist to hold an active
32 E.Passport;
33 (2) has a mechanism in place for receiving and investigating
34 complaints about licensed individuals;
35 (3) notifies the commission, in compliance with the compact
36 terms, of any adverse action or significant investigatory
37 information concerning a licensed individual;
38 (4) requires an identity history summary of all applicants at
39 initial licensure, including the use of the results of fingerprints
40 or other biometric data checks compliant with the
41 requirements of the Federal Bureau of Investigation, or other
42 designee with similar authority, not later than ten (10) years
ES 365—LS 6432/DI 144 7
1 after activation of the compact; and
2 (5) complies with the bylaws and rules of the commission.
3 Sec. 6. A home state's license grants temporary authorization to
4 practice to a psychologist in a distant state only if the compact
5 state:
6 (1) currently requires the psychologist to hold an active
7 interjurisdictional practice certificate;
8 (2) has a mechanism in place for receiving and investigating
9 complaints about licensed individuals;
10 (3) notifies the commission, in compliance with the compact
11 terms, of any adverse action or significant investigatory
12 information concerning a licensed individual;
13 (4) requires an identity history summary of all applicants at
14 initial licensure, including the use of the results of fingerprints
15 or other biometric data checks compliant with the
16 requirements of the Federal Bureau of Investigation, or other
17 designee with similar authority, not later than ten (10) years
18 after activation of the compact; and
19 (5) complies with the bylaws and rules of the commission.
20 Chapter 4. Compact Privilege to Practice Telepsychology
21 Sec. 1. A compact state shall recognize the right of a
22 psychologist, licensed in a compact state in compliance with
23 IC 25-33.5-3, to practice telepsychology in another compact state
24 in which the psychologist is not licensed, under the authority to
25 practice interjurisdictional telepsychology, as provided by the
26 compact.
27 Sec. 2. To exercise the authority to practice interjurisdictional
28 telepsychology under the terms and provisions of the compact, a
29 psychologist licensed to practice in a compact state must meet the
30 following:
31 (1) Hold a graduate degree in psychology from an institute of
32 higher education that was, at the time the degree was
33 awarded:
34 (A) either:
35 (i) regionally accredited by an accrediting body
36 recognized by the United States Department of
37 Education to grant graduate degrees; or
38 (ii) authorized by provincial statute or royal charter to
39 grant doctoral degrees; or
40 (B) a foreign college or university deemed to be equivalent
41 to an institute described under clause (A) by a foreign
42 credential evaluation service that is a member of the
ES 365—LS 6432/DI 144 8
1 National Association of Credential Evaluation Services
2 (NACES) or by a recognized foreign credential evaluation
3 service.
4 (2) Hold a graduate degree in psychology from a program
5 that meets the following:
6 (A) The program, wherever it may be administratively
7 housed, must:
8 (i) be clearly identified and labeled as a psychology
9 program; and
10 (ii) specify in institutional catalogs and brochures the
11 intent to educate and train professional psychologists.
12 (B) Stands as a recognizable, coherent, organizational
13 entity within the institution.
14 (C) Has a clear authority and primary responsibility for
15 the core and specialty areas, whether or not the program
16 cuts across administrative lines.
17 (D) Consists of an integrated, organized sequence of study.
18 (E) Includes identifiable psychology faculty that are
19 sufficient in size and breadth to carry out faculty
20 responsibilities.
21 (F) Employs a director of the program that is a
22 psychologist and a member of the core faculty.
23 (G) Has an identifiable body of students who are
24 matriculated in the program for a degree.
25 (H) Includes supervised practicum, internship, or field
26 training appropriate to the practice of psychology.
27 (I) Encompasses curriculum of a minimum of three (3)
28 academic years of full-time graduate study for a doctoral
29 degree and a minimum of one (1) academic year of
30 full-time graduate study for a master's degree.
31 (J) Includes an acceptable residency, as defined by the
32 rules of the commission.
33 (3) Possess a current, full, and unrestricted license to practice
34 psychology in a home state that is a compact state.
35 (4) Have no history of an adverse action that violates the rules
36 of the commission.
37 (5) Have no criminal record history reported on an identity
38 history summary that violates the rules of the commission.
39 (6) Possess a current, active E.Passport.
40 (7) Provide attestations concerning the following:
41 (A) Areas of intended practice.
42 (B) Conformity with standards of practice.
ES 365—LS 6432/DI 144 9
1 (C) Competence in telepsychology technology.
2 (D) Criminal background.
3 (E) Knowledge and adherence to legal requirements in the
4 home state and receiving state.
5 (F) The provision and release of information to allow for
6 primary source verification in a manner specified by the
7 commission.
8 (8) Meet other criteria, as determined by the rules of the
9 commission.
10 Sec. 3. The home state maintains authority over the license of a
11 psychologist practicing in a receiving state under the authority to
12 practice interjurisdictional telepsychology.
13 Sec. 4. (a) A psychologist practicing in a receiving state under
14 the authority to practice interjurisdictional telepsychology is
15 subject to the receiving state's scope of practice.
16 (b) A receiving state may, in accordance with the state's due
17 process law, limit or revoke a psychologist's authority to practice
18 interjurisdictional telepsychology in the receiving state and may
19 take any other necessary actions under the receiving state's
20 applicable law to protect the health and safety of the receiving
21 state's citizens.
22 (c) If the receiving state takes any action described in this
23 section, the receiving state shall promptly notify the home state and
24 the commission.
25 Sec. 5. If a psychologist's:
26 (1) license in any home state or another compact state; or
27 (2) authority to practice interjurisdictional telepsychology in
28 any receiving state;
29 is restricted, suspended, or otherwise limited, the E.Passport shall
30 be revoked and the psychologist shall not be eligible to practice
31 telepsychology in a compact state under the authority to practice
32 interjurisdictional telepsychology.
33 Chapter 5. Compact Temporary Authorization to Practice
34 Sec. 1. A compact state shall recognize the right of a
35 psychologist who is licensed in a compact state, in conformance
36 with IC 25-33.5-3, to practice temporarily in another compact state
37 in which the psychologist is not licensed, as provided in the
38 compact.
39 Sec. 2. To exercise the temporary authorization to practice
40 under the terms and provisions of the compact, a psychologist
41 licensed to practice in a compact state must meet the following:
42 (1) Hold a graduate degree in psychology from an institute of
ES 365—LS 6432/DI 144 10
1 higher education that was, at the time the degree was
2 awarded:
3 (A) either:
4 (i) regionally accredited by an accrediting body
5 recognized by the United States Department of
6 Education to grant graduate degrees; or
7 (ii) authorized by provincial statute or royal charter to
8 grant doctoral degrees; or
9 (B) a foreign college or university deemed to be equivalent
10 to an institute described under clause (A) by a foreign
11 credential evaluation service that is a member of the
12 National Association of Credential Evaluation Services
13 (NACES) or by a recognized foreign credential evaluation
14 service.
15 (2) Hold a graduate degree in psychology from a program
16 that meets the following:
17 (A) The program, wherever it may be administratively
18 housed, must:
19 (i) be clearly identified and labeled as a psychology
20 program; and
21 (ii) specify in institutional catalogs and brochures the
22 intent to educate and train professional psychologists.
23 (B) Stands as a recognizable, coherent, organizational
24 entity within the institution.
25 (C) Has a clear authority and primary responsibility for
26 the core and specialty areas, whether or not the program
27 cuts across administrative lines.
28 (D) Consists of an integrated, organized sequence of study.
29 (E) Includes identifiable psychology faculty that are
30 sufficient in size and breadth to carry out faculty
31 responsibilities.
32 (F) Employs a director of the program that is a
33 psychologist and a member of the core faculty.
34 (G) Has an identifiable body of students who are
35 matriculated in the program for a degree.
36 (H) Includes supervised practicum, internship, or field
37 training appropriate to the practice of psychology.
38 (I) Encompasses curriculum of a minimum of three (3)
39 academic years of full-time graduate study for a doctoral
40 degree and a minimum of one (1) academic year of
41 full-time graduate study for a master's degree.
42 (J) Includes an acceptable residency, as defined by the
ES 365—LS 6432/DI 144 11
1 rules of the commission.
2 (3) Possess a current, full, and unrestricted license to practice
3 psychology in a home state that is a compact state.
4 (4) Have no history of an adverse action that violates the rules
5 of the commission.
6 (5) Have no criminal record history reported on an identity
7 history summary that violates the rules of the commission.
8 (6) Possess a current, active interjurisdictional practice
9 certificate.
10 (7) Provide attestations concerning the following:
11 (A) Areas of intended practice.
12 (B) Work experience.
13 (C) The provision and release of information to all for
14 primary source verification in a manner specified by the
15 commission.
16 (8) Meet other criteria, as determined by the rules of the
17 commission.
18 Sec. 3. A psychologist practicing into a distant state under the
19 temporary authorization to practice shall practice within the scope
20 of practice authorized by the distant state.
21 Sec. 4. (a) A psychologist practicing into a distant state under
22 the temporary authorization to practice is subject to the distant
23 state's authority and law.
24 (b) A distant state may, in accordance with the state's due
25 process law, limit or revoke a psychologist's temporary
26 authorization to practice in the distant state and may take any
27 other necessary actions under the distant state's applicable law to
28 protect the health and safety of the distant state's citizens.
29 (c) If the distant state takes any action under this section, the
30 distant state shall promptly notify the home state and the
31 commission.
32 Sec. 5. If a psychologist's:
33 (1) license in any home state or another compact state; or
34 (2) temporary authorization to practice in any distant state;
35 is restricted, suspended, or otherwise limited, the
36 interjurisdictional practice certificate shall be revoked and the
37 psychologist shall not be eligible to practice in a compact state
38 under the temporary authorization to practice.
39 Chapter 6. Conditions of Telepsychology Practice in a Receiving
40 State
41 Sec. 1. A psychologist may practice in a receiving state under
42 the authority to practice interjurisdictional telepsychology only in
ES 365—LS 6432/DI 144 12
1 the performance of the scope of practice for psychology, as
2 assigned by an appropriate state psychology regulatory authority,
3 as defined in the rules of the commission, and under the following
4 circumstances:
5 (1) The psychologist initiates a client or patient contact in a
6 home state via telecommunication technologies with a client
7 or patient in a receiving state.
8 (2) Other conditions concerning telepsychology, as determined
9 by the rules promulgated by the commission.
10 Chapter 7. Adverse Actions
11 Sec. 1. A home state shall have the power to impose adverse
12 action against a psychologist's license issued by the home state. A
13 distant state shall have the power to take adverse action on a
14 psychologist's temporary authorization to practice within the
15 distant state.
16 Sec. 2. A receiving state may take adverse action on a
17 psychologist's authority to practice interjurisdictional
18 telepsychology within the receiving state. A home state may take
19 adverse action against a psychologist based on an adverse action
20 taken by a distant state concerning temporary in-person,
21 face-to-face practice.
22 Sec. 3. (a) If a home state takes adverse action against a
23 psychologist's license, the psychologist's:
24 (1) authority to practice interjurisdictional telepsychology is
25 terminated;
26 (2) E.Passport is revoked;
27 (3) temporary authorization to practice is terminated; and
28 (4) interjurisdictional practice certificate is revoked.
29 (b) All home state disciplinary orders that impose adverse
30 action must be reported to the commission in accordance with the
31 rules promulgated by the commission. A compact state shall report
32 adverse actions in accordance with the rules of the commission.
33 (c) In the event discipline is reported on a psychologist, the
34 psychologist is not eligible for telepsychology or temporary
35 in-person, face-to-face practice in accordance with the rules of the
36 commission.
37 (d) Other actions may be imposed on the psychologist, as
38 determined by the rules promulgated by the commission.
39 Sec. 4. A home state's psychology regulatory authority shall
40 investigate and take appropriate action concerning reported
41 inappropriate conduct engaged in by a licensee that occurred in a
42 receiving state as it would if the conduct had occurred by a licensee
ES 365—LS 6432/DI 144 13
1 within the home state. The home state's law shall control in
2 determining any adverse action against a psychologist's license.
3 Sec. 5. A distant state's psychology regulatory authority shall
4 investigate and take appropriate action concerning reported
5 inappropriate conduct engaged in by a psychologist practicing
6 under temporary authorization to practice that occurred in the
7 distant state as the distant state would if the conduct had occurred
8 by a licensee within the home state. The distant state's law shall
9 control in determining any adverse action against the
10 psychologist's temporary authorization to practice.
11 Sec. 6. (a) Nothing in this compact shall override a compact
12 state's decision that a psychologist's participation in an alternative
13 program may be used instead of adverse action and the
14 participation must remain nonpublic if required by the compact
15 state's law.
16 (b) Compact states must require psychologists who enter any
17 alternative programs to not provide telepsychology services under
18 the authority to practice interjurisdictional telepsychology or
19 provide temporary psychological services under the temporary
20 authorization to practice in any other compact state during the
21 term of the alternative program.
22 Sec. 7. No other judicial or administrative remedies shall be
23 available to a psychologist in the event a compact state imposes an
24 adverse action under section 3 of this chapter.
25 Chapter 8. Additional Authorities in a Compact State's
26 Psychology Regulatory Authority
27 Sec. 1. In addition to any other powers granted under state law,
28 a compact state's psychology regulatory authority shall have the
29 authority under this compact to do the following:
30 (1) Issue subpoenas for both hearings and investigations that
31 require the attendance and testimony of witnesses and the
32 production of evidence. Subpoenas issued by a compact state's
33 psychology regulatory authority for the attendance and
34 testimony of witnesses or the production of evidence from
35 another compact state must be enforced in the latter state by
36 any court of competent jurisdiction, and according to the
37 court's practice and procedure in considering subpoenas
38 issued by the court's proceedings. The issuing state
39 psychology regulatory authority shall pay any witness fees,
40 travel expenses, mileage, and other fees required by the
41 service statutes of the state where the witness or evidence is
42 located.
ES 365—LS 6432/DI 144 14
1 (2) Issue cease and desist or injunctive relief orders to revoke
2 a psychologist's authority to practice interjurisdictional
3 telepsychology or temporary authorization to practice.
4 Sec. 2. (a) During the course of any investigation, a psychologist
5 may not change the psychologist's home state licensure. A home
6 state psychology regulatory authority is authorized to complete
7 any pending investigations of a psychologist and to take any actions
8 appropriate under the home state's laws.
9 (b) The home state psychology regulatory authority shall
10 promptly report the conclusions of the investigations to the
11 commission.
12 (c) Once an investigation has been completed, and pending the
13 outcome of the investigation, the psychologist may change the
14 psychologist's home licensure. The commission shall promptly
15 notify the new home state of any decision, as provided in the rules
16 of the commission.
17 (d) All information provided to the commission or distributed
18 by compact states concerning the psychologist shall be confidential,
19 filed under seal, and used for investigatory or disciplinary matters.
20 The commission may create additional rules for mandated or
21 discretionary sharing of information by compact states.
22 Chapter 9. Coordinated Licensure Information System
23 Sec. 1. The commission shall provide for the development and
24 maintenance of a coordinated licensure information system and
25 reporting system (coordinated data base) containing licensure and
26 disciplinary action information on all individuals to whom this
27 compact is applicable in all compact states, as defined by the rules
28 of the commission.
29 Sec. 2. Notwithstanding any other provision of state law, a
30 compact state shall submit a uniform data set to the coordinated
31 data base on all licenses as required by the rules of the commission,
32 including the following:
33 (1) Identifying information.
34 (2) Licensure data.
35 (3) Significant investigatory information.
36 (4) Adverse actions against a psychologist's license.
37 (5) An indicator that a psychologist's authority to practice
38 interjurisdictional telepsychology or temporary authorization
39 to practice is revoked.
40 (6) Nonconfidential information concerning alternative
41 program participation information.
42 (7) Any denial of application for licensure and the reason for
ES 365—LS 6432/DI 144 15
1 the denial.
2 (8) Other information to facilitate the administration of the
3 compact, as determined by the rules of the commission.
4 Sec. 3. The coordinated data base administrator shall promptly
5 notify all compact states of any:
6 (1) adverse action taken against; or
7 (2) significant investigative information on;
8 any licensee in a compact state.
9 Sec. 4. A compact state reporting information to the coordinated
10 data base may designate information that may not be shared with
11 the public without the express permission of the compact state
12 reporting the information.
13 Sec. 5. Any information submitted to the coordinated data base
14 that is subsequently required to be expunged by the law of the
15 compact state reporting the information shall be removed from the
16 coordinated data base.
17 Chapter 10. Establishment of the Psychology Interjurisdictional
18 Compact Commission
19 Sec. 1. (a) The compact states hereby create and establish a joint
20 public agency known as the psychology interjurisdictional compact
21 commission.
22 (b) The commission is a body politic and an instrumentality of
23 the compact states.
24 (c) Venue is proper and judicial proceedings by or against the
25 commission shall be brought solely and exclusively in a court of
26 competent jurisdiction where the principal office of the commission
27 is located. The commission may waive venue and jurisdictional
28 defenses to the extent the commission adopts or consents to
29 participate in alternative dispute resolution proceedings.
30 (d) Nothing in this compact shall be construed to be a waiver of
31 sovereign immunity.
32 Sec. 2. (a) The commission shall consist of one (1) voting
33 delegate appointed by each compact state who shall serve as the
34 state's commissioner. The state psychology regulatory authority
35 shall appoint the state's delegate.
36 (b) The delegate shall be empowered to act on behalf of the
37 compact state. The delegate shall be limited to:
38 (1) an executive director, executive secretary, or a similar
39 executive position;
40 (2) a current member of the state psychology regulatory
41 authority of a compact state; or
42 (3) a designee empowered with the appropriate delegate
ES 365—LS 6432/DI 144 16
1 authority to act on behalf of the compact state.
2 (c) Any commissioner may be removed or suspended from office
3 as provided by the law of the state from which the commissioner is
4 appointed. Any vacancy occurring on the commission shall be filled
5 in accordance with the laws of the compact state in which the
6 vacancy exists.
7 Sec. 3. Each commissioner shall be entitled to one (1) vote
8 concerning the promulgation of rules and the creation of bylaws,
9 and otherwise have an opportunity to participate in the business
10 and affairs of the commission. A commissioner shall vote in person
11 or by any other means provided by the bylaws. The bylaws may
12 provide for commissioners to participate in meetings by telephone
13 or other means of communication.
14 Sec. 4. The commission shall meet at least once during each
15 calendar year. Additional meetings shall be held as set forth in the
16 bylaws.
17 Sec. 5. All meetings shall be open to the public, and public notice
18 of the meetings shall be given in the same manner as required
19 under the rulemaking provisions set forth in IC 25-33.5-11.
20 Sec. 6. (a) The commission may convene in a closed, nonpublic
21 meeting if the commission must discuss any of the following:
22 (1) Noncompliance of a compact state with the compact state's
23 obligations under the compact.
24 (2) The employment, compensation, discipline, other
25 personnel matters, practices or procedures concerning
26 specific employees, or other matters related to the
27 commission's internal personnel practices and procedures.
28 (3) Current, threatened, or reasonably anticipated litigation
29 against the commission.
30 (4) Negotiation of contracts for the purchase or sale of goods,
31 services, or real estate.
32 (5) Accusations against any person of a crime or formal
33 censure of a person.
34 (6) Disclosure of trade secrets, commercial, or financial
35 information that is privileged or confidential.
36 (7) Disclosure of information of a personal nature where
37 disclosure would constitute a clearly unwarranted invasion of
38 personal privacy.
39 (8) Disclosure of investigatory records compiled for law
40 enforcement purposes.
41 (9) Disclosure of information concerning any investigatory
42 reports prepared by or on behalf of or for use of the
ES 365—LS 6432/DI 144 17
1 commission or other committee charged with responsibility
2 for investigation or determination of compliance issues under
3 the compact.
4 (10) Matters specifically exempted from disclosure by federal
5 or state statute.
6 (b) If a meeting, or portion of a meeting, is closed under
7 subsection (a), the commission's legal counsel or designee shall
8 certify that the meeting may be closed and shall reference each
9 relevant exempting provision.
10 Sec. 7. (a) The commission shall keep minutes which fully and
11 clearly describe all matters discussed in a meeting, and the reasons
12 therefore, including a description of the views expressed.
13 (b) All documents considered in connection with an action shall
14 be identified in the minutes.
15 (c) All minutes and documents of a closed meeting shall remain
16 under seal, subject to release only by a majority vote of the
17 commission or order of a court of competent jurisdiction.
18 Sec. 8. (a) The commission shall, by a majority vote of the
19 commissioners, prescribe bylaws or rules to govern the
20 commission's conduct as may be necessary or appropriate to carry
21 out the purposes and exercise the powers of the compact, including
22 the following:
23 (1) Establishing the fiscal year of the commission.
24 (2) Providing reasonable standards and procedures:
25 (A) for the establishment and meetings of other
26 committees; and
27 (B) for the governing of any general or specific delegation
28 of any authority or function of the commission.
29 (3) Providing reasonable procedures for calling and
30 conducting meetings of the commission, ensuring reasonable
31 advance notice of all meetings and providing an opportunity
32 for attendance of the meetings by interested parties, with
33 enumerated exceptions designed to protect the public's
34 interest, the privacy of individuals of any proceeding, and
35 proprietary information, including trade secrets.
36 (4) Establishing the titles, duties, and authority and
37 reasonable procedures for the election of the officers of the
38 commission.
39 (5) Providing reasonable standards and procedures for the
40 establishment of the personnel policies and programs of the
41 commission. Notwithstanding any other state law, the bylaws
42 shall exclusively govern the personnel policies and programs
ES 365—LS 6432/DI 144 18
1 of the commission.
2 (6) Promulgating a code of ethics to address permissible and
3 prohibited activities of commission members and employees.
4 (7) Providing a mechanism for concluding the operations of
5 the commission and the equitable disposition of any surplus
6 funds that may exist after the termination of the compact
7 after the payment or reserving of all of the commission's debts
8 and obligations.
9 (b) The commission may meet in closed session only after a
10 majority of the commissioners vote to close a meeting to the public
11 in whole or in part. As soon as practicable, the commission must
12 make public a copy of the vote to close the meeting revealing the
13 vote of each commissioner with no proxy votes allowed.
14 (c) The commission shall publish the bylaws in a convenient
15 form and file a copy of the bylaws and any amendments to the
16 bylaws with the appropriate agency or officer in each compact
17 state.
18 (d) The commission shall maintain the commission's financial
19 records in accordance with the bylaws.
20 (e) The commission shall meet and take any action that is
21 consistent with the provisions of the compact and the bylaws.
22 Sec. 9. The commission shall have the following powers:
23 (1) Promulgate uniform rules to facilitate and coordinate
24 implementation and administration of the compact. The rules
25 shall have the force and effect of laws and shall be binding in
26 all compact states.
27 (2) Bring and prosecute legal proceedings or actions in the
28 name of the commission, provided that the standing of any
29 state psychology regulatory authority or other regulatory
30 body responsible for psychology licensure to sue or be sued
31 under applicable law shall not be affected.
32 (3) Purchase and maintain insurance and bonds.
33 (4) Borrow, accept, or contract for services of personnel,
34 including employees of a compact state.
35 (5) Hire employees, elect or appoint officers, fix
36 compensation, define duties, grant appropriate authority to
37 individuals to carry out the purposes of the compact, and
38 establish the commission's personnel policies and programs
39 concerning conflicts of interest, qualifications of personnel,
40 and other related personnel matters.
41 (6) Accept, receive, utilize, and dispose of any and all
42 appropriate donations and grants of money, equipment,
ES 365—LS 6432/DI 144 19
1 supplies, materials, and services.
2 (7) Lease, purchase, accept appropriate gifts or donations, or
3 otherwise own, hold, improve, or use, any:
4 (A) real;
5 (B) personal; or
6 (C) mixed;
7 property, provided that at all times the commission shall
8 strive to avoid any appearance of impropriety.
9 (8) Sell, convey, mortgage, pledge, lease, exchange, abandon,
10 or otherwise dispose of any:
11 (A) real;
12 (B) personal; or
13 (C) mixed;
14 property.
15 (9) Establish a budget and make expenditures.
16 (10) Borrow money.
17 (11) Appoint committees, including advisory committees,
18 comprised of members, state regulators, state legislators or a
19 state legislator's designee, consumer representatives, and any
20 other interested persons as may be designated in the compact
21 and the bylaws.
22 (12) Provide and receive information from, and cooperate
23 with, law enforcement agencies.
24 (13) Adopt and use an official seal.
25 (14) Perform other functions that may be necessary or
26 appropriate to achieve the purposes of the compact and that
27 are consistent with the state regulation of psychology
28 licensure, temporary in-person, face-to-face practice, and the
29 practice of telepsychology.
30 Sec. 10. (a) The elected officers of the commission shall serve as
31 the executive board and have the power to act on behalf of the
32 commission in accordance with the compact.
33 (b) The executive board shall be comprised of the following six
34 (6) members:
35 (1) Five (5) voting members who are elected from the current
36 membership of the commission by the commission.
37 (2) One (1) ex officio, nonvoting member from the recognized
38 membership organization composed of state and provincial
39 psychology regulatory authorities.
40 (c) The ex officio member must have served as staff or a
41 member of a state psychology regulatory authority and will be
42 selected by the respective organization.
ES 365—LS 6432/DI 144 20
1 (d) The commission may remove any member of the executive
2 board as provided in the bylaws of the compact.
3 (e) The executive board shall meet at least once annually.
4 (f) The executive board shall have the following duties and
5 responsibilities:
6 (1) Make recommendations to the entire commission for any:
7 (A) changes to the rules or bylaws;
8 (B) changes to compact legislation; and
9 (C) fees to be paid by compact states, including annual
10 dues and other applicable fees.
11 (2) Ensure compact administration services are appropriately
12 provided, whether by contract or otherwise.
13 (3) Prepare and recommend the budget.
14 (4) Maintain financial records on behalf of the commission.
15 (5) Monitor compact compliance of member states and
16 provide compliance reports to the commission.
17 (6) Establish additional committees, as necessary.
18 (7) Perform any other duties provided in the rules or bylaws.
19 Sec. 11. (a) The commission shall pay, or provide for the
20 payment of, the reasonable expenses of the commission's
21 establishment, organization, and any ongoing activities.
22 (b) The commission may accept any appropriate revenue
23 sources, donations, and grants of money, equipment, supplies,
24 materials, and services.
25 (c) The commission may:
26 (1) levy on, and collect an annual assessment from, each
27 compact state; or
28 (2) impose fees on other parties;
29 to cover the cost of the operations and activities of the commission
30 and the commission's staff in an amount that is sufficient to cover
31 the commission's annual budget as approved each year for revenue
32 that is not provided by other sources. The aggregate annual
33 assessment amount shall be allocated based upon a formula
34 determined by the commission and promulgated through a rule
35 binding all the compact states.
36 (d) The commission shall not incur any obligations of any kind
37 before securing adequate funds to meet the obligation. The
38 commission may not pledge the credit of any of the compact states
39 except by and with the authority of the compact state.
40 (e) The commission shall keep accurate accounts of all receipts
41 and disbursements. The commission's receipts and disbursements
42 shall be subject to the audit and accounting procedures established
ES 365—LS 6432/DI 144 21
1 under the commission's bylaws. However, all receipts and
2 disbursements of funds handled by the commission shall be audited
3 yearly by a certified or licensed public accountant and the report
4 of the audit shall be included in, and become part of, the
5 commission's annual report.
6 Sec. 12. (a) The:
7 (1) members;
8 (2) officers;
9 (3) executive director;
10 (4) employees; and
11 (5) representatives;
12 of the commission shall be immune from each suit and liability,
13 either personally or in the individual's official capacity, for any
14 claim for damage to or loss of property, personal injury, or other
15 civil liability caused by or arising out of an actual or alleged act,
16 error, or omission that occurred, or that the person against whom
17 the claim is made had a reasonable basis for believing occurred
18 within the scope of commission employment, duties, or
19 responsibilities as long as nothing may be construed to protect any
20 individual from a suit or liability for any damage, loss, injury, or
21 liability caused by the intentional or willful or wanton misconduct
22 of the individual.
23 (b) The commission shall defend any member, officer, executive
24 director, employee, or representative of the commission in any civil
25 action seeking to impose liability arising out of any actual or
26 alleged act, error, or omission that occurred within the scope of
27 commission employment, duties, or responsibilities, or that the
28 individual against whom the claim is made had a reasonable basis
29 for believing occurred within the scope of the commission
30 employment, duties, or responsibilities, provided that:
31 (1) nothing shall be construed to prohibit the individual from
32 retaining the individual's own counsel; and
33 (2) the actual or alleged act, error, or omission did not result
34 from the individual's intentional or willful or wanton
35 misconduct.
36 (c) The commission shall indemnify and hold harmless any
37 member, officer, executive director, employee, or representative of
38 the commission for the amount of any settlement or judgment
39 obtained against the individual arising out of any actual or alleged
40 act, error, or omission that occurred within the scope of
41 commission employment, duties, or responsibilities, or that the
42 individual had reasonable basis for believing occurred within the
ES 365—LS 6432/DI 144 22
1 scope of commission employment, duties, or responsibilities,
2 provided that the actual or alleged act, error, or omission did not
3 result from intentional or willful or wanton misconduct by the
4 individual.
5 Chapter 11. Rulemaking
6 Sec. 1. The commission shall exercise the commission's
7 rulemaking powers pursuant to the criteria set forth in this chapter
8 and the rules adopted under this chapter. Rules and amendments
9 shall become binding as of the date specified in each rule or
10 amendment.
11 Sec. 2. If a majority of the legislatures of the compact states
12 reject a rule, by enactment of a statute or resolution in the same
13 manner that was used to adopt the compact, then the rule shall
14 have no further force and effect in any compact state.
15 Sec. 3. Rules, or amendments to the rules, shall be adopted at a
16 regular or special meeting of the commission.
17 Sec. 4. (a) Before promulgation and adoption of a final rule by
18 the commission, and at least sixty (60) days in advance of the
19 meeting at which the rule will be considered and voted upon, the
20 commission shall file a notice of proposed rulemaking as follows:
21 (1) On the commission's Internet web site.
22 (2) On:
23 (A) the Internet web site of each compact state's
24 psychology regulatory authority; or
25 (B) the publication in which each state would otherwise
26 publish proposed rules.
27 (b) The notice of proposed rulemaking shall include the
28 following:
29 (1) The proposed time, date, and location of the meeting in
30 which the rule will be considered and voted upon.
31 (2) The text of the proposed rule or amendment and the
32 reason for the proposed rule.
33 (3) A request for comments on the proposed rule from any
34 interested person.
35 (4) The manner in which an interested person may submit
36 notice to the commission of the person's intention to attend
37 the public hearing and any written comments.
38 Sec. 5. Before the adoption of a proposed rule, the commission
39 shall allow a person to submit written data, facts, opinions, and
40 arguments to the commission and the submission shall be made
41 available to the public.
42 Sec. 6. (a) The commission shall grant an opportunity for a
ES 365—LS 6432/DI 144 23
1 public hearing before the commission adopts a rule or amendment
2 if a hearing is requested by:
3 (1) at least twenty-five (25) persons who submit comments
4 independently of each other;
5 (2) a governmental subdivision or agency; or
6 (3) a duly appointed person in an association that has at least
7 twenty-five (25) members.
8 (b) If a hearing is held on the proposed rule or amendment, the
9 commission shall publish the location, time, and date of the
10 scheduled public hearing.
11 (c) Any person wishing to be heard at the hearing shall notify
12 the executive director of the commission or other designated
13 member in writing of the person's desire to appear and testify at
14 the hearing not less than five (5) business days before the scheduled
15 date of the hearing.
16 (d) The hearing shall be conducted in a manner that provides
17 each person who wishes to comment a fair and reasonable
18 opportunity to comment orally or in writing.
19 (e) No transcript of the hearing is required, unless a written
20 request for the transcription is made. If a written request for a
21 transcript is made, the person requesting the transcript shall bear
22 the cost of producing the transcript. A recording may be made in
23 lieu of a transcript under the same terms and conditions as a
24 transcript. This subsection shall not preclude the commission from
25 making a transcript or recording of the hearing if the commission
26 chooses to do so.
27 (f) Nothing in this section shall be construed as requiring a
28 separate hearing on each rule. Rules may be grouped for the
29 convenience of the commission at hearings required by this section.
30 (g) Following the scheduled hearing date, or by the close of
31 business on the scheduled hearing date if the hearing was not held,
32 the commission shall consider all written and oral comments
33 received.
34 (h) The commission shall, by a majority vote of all members,
35 take final action on the proposed rule and shall determine the
36 effective date of the rule, if any, based on the rulemaking record
37 and the full text of the rule.
38 (i) If no written notice of intent to attend the public hearing by
39 interested parties is received, the commission may proceed with
40 promulgation of the proposed rule without a public hearing.
41 Sec. 7. (a) Upon determination that an emergency exists, the
42 commission may consider and adopt an emergency rule without:
ES 365—LS 6432/DI 144 24
1 (1) prior notice;
2 (2) opportunity for comment; or
3 (3) hearing;
4 provided that the usual rulemaking procedures provided in the
5 compact and in this chapter shall be retroactively applied to the
6 rule as soon as reasonably possible, and not later than ninety (90)
7 days after the effective date of the rule.
8 (b) For the purposes of this section, an emergency rule is a rule
9 that must be adopted immediately in order to:
10 (1) meet an imminent threat to public health, safety, or
11 welfare;
12 (2) prevent a loss of commission or compact state funds;
13 (3) meet a deadline for the promulgation of an administrative
14 rule that is established by federal law or rule; or
15 (4) protect public health and safety.
16 Sec. 8. (a) The commission, or an authorized committee of the
17 commission, may direct revisions to a previously adopted rule or
18 amendment for purposes of correcting typographical errors, errors
19 in format, errors in consistency, or grammatical errors. Public
20 notice of any revisions shall be posted on the commission's Internet
21 web site. The revision must be subject to challenge by any person
22 for a period of thirty (30) days after posting.
23 (b) The revision may be challenged only on grounds that the
24 revision results in a material change to a rule. A challenge must be
25 made in writing and delivered to the chair of the commission
26 before the end of the notice period.
27 (c) If no challenge is made, the revision will take effect without
28 further action. If the revision is challenged, the revision may not
29 take effect without the approval of the commission.
30 Chapter 12. Oversight, Dispute Resolution, and Enforcement
31 Sec. 1. (a) The executive, legislative, and judicial branches of
32 state government in each compact state shall enforce the compact
33 and take all actions necessary and appropriate to effectuate the
34 compact's purposes and intent.
35 (b) The provisions of this compact and the rules promulgated
36 under the compact shall have standing as statutory law.
37 (c) All courts shall take judicial notice of the compact and the
38 rules in any judicial or administrative proceeding in a compact
39 state pertaining to the subject matter of the compact that may
40 affect the powers, responsibilities, or actions of the commission.
41 (d) The commission shall be entitled to receive service of process
42 in any proceeding, and shall have standing to intervene in the
ES 365—LS 6432/DI 144 25
1 proceeding for all purposes. Failure to provide service of process
2 to the commission shall render a judgment or order void as to the
3 commission, this compact, or promulgated rules.
4 Sec. 2. (a) If the commission determines that a compact state has
5 defaulted in the performance of the compact state's obligations or
6 responsibilities under this compact or the promulgated rules, the
7 commission shall provide the following:
8 (1) Written notice to the defaulting state and other compact
9 states of the nature of the default, the proposed means of
10 remedying the default, and any other action to be taken by the
11 commission.
12 (2) Remedial training and specific technical assistance
13 concerning the default.
14 (b) If a state in default fails to remedy the default, the defaulting
15 state may be terminated from the compact upon an affirmative
16 vote of a majority of the compact states, and all rights, privileges,
17 and benefits conferred by this compact shall be terminated on the
18 effective date of termination. A remedy of the default does not
19 relieve the offending state of obligations or liabilities incurred
20 during the period of default.
21 Sec. 3. (a) Termination of membership in the compact shall be
22 imposed only after all means of securing compliance have been
23 exhausted. Notice of intent to suspend or terminate shall be
24 submitted by the commission to the governor, the majority and
25 minority leaders of the defaulting state's legislature, and each of
26 the compact states.
27 (b) A compact state that has been terminated is responsible for
28 all assessments, obligations, and liabilities incurred through the
29 effective date of the termination, including obligations that extend
30 beyond the effective date of termination.
31 Sec. 4. The commission shall not bear any costs incurred by the
32 state that is found to be in default or that has been terminated from
33 the compact unless agreed upon in writing by the commission and
34 defaulting state.
35 Sec. 5. The defaulting state may appeal the action of the
36 commission by petitioning the United States District Court for the
37 state of Georgia or the federal district where the compact has the
38 compact's principal offices. The prevailing member shall be
39 awarded all costs of the litigation, including reasonable attorney's
40 fees.
41 Sec. 6. (a) Upon request by a compact state, the commission
42 shall attempt to resolve disputes that arise concerning the compact
ES 365—LS 6432/DI 144 26
1 among compact states and between compact and noncompact
2 states.
3 (b) The commission shall promulgate a rule providing for both
4 mediation and binding dispute resolution for disputes that arise
5 before the commission.
6 Sec. 7. The commission, in the reasonable exercise of the
7 commission's discretion, shall enforce the provisions and rules of
8 the compact.
9 Sec. 8. (a) By a majority vote, the commission may initiate legal
10 action in the United States District Court for the state of Georgia
11 or the federal district where the compact has the compact's
12 principal offices against a compact state in default to enforce
13 compliance with the provisions of the compact and the
14 commission's promulgated rules and bylaws.
15 (b) The relief sought may include both injunctive relief and
16 damages.
17 (c) If judicial enforcement is necessary, the prevailing member
18 shall be awarded all costs of the litigation, including reasonable
19 attorney's fees.
20 Sec. 9. The remedies in this chapter shall not be the exclusive
21 remedies of the commission. The commission may pursue any other
22 remedies available under federal or state law.
23 Chapter 13. Date of Implementation of the Compact,
24 Commission, and Rules; Withdrawal and Amendments
25 Sec. 1. The compact shall come into effect on the date on which
26 the compact is enacted into law in the seventh compact state. The
27 provisions that become effective shall be limited to the powers
28 granted to the commission concerning assembly and the
29 promulgation of rules. Thereafter, the commission shall meet and
30 exercise rulemaking powers necessary to the implementation and
31 administration of the compact.
32 Sec. 2. (a) Any state that joins the compact after the
33 commission's initial adoption of the rules shall be subject to the
34 rules as the rules exist on the date in which the compact becomes
35 law in the state.
36 (b) Any rules that have been previously adopted by the
37 commission shall have the full force and effect of law on the day the
38 compact becomes law in the state.
39 Sec. 3. (a) Any compact state may withdraw from the compact
40 by enacting a statute repealing the compact.
41 (b) A compact state's withdrawal shall not take effect until six
42 (6) months after enactment of the repealing statute.
ES 365—LS 6432/DI 144 27
1 (c) Withdrawal from the compact shall not affect the continuing
2 requirement of the withdrawing state's psychology regulatory
3 authority to comply with the investigative and adverse action
4 reporting requirements of this article before the effective date of
5 withdrawal.
6 Sec. 4. Nothing contained in the compact shall be construed to
7 invalidate or prevent any psychology licensure agreement or other
8 cooperative arrangement between a compact state and a
9 noncompact state that does not conflict with the provisions of the
10 compact.
11 Sec. 5. The compact may be amended by the compact states. No
12 amendment to this compact shall become effective and binding
13 upon any compact state until the amendment is enacted into the
14 law of all compact states.
15 Chapter 14. Construction and Severability
16 Sec. 1. This compact shall be liberally construed so as to
17 effectuate the purposes of the compact. If the compact shall be held
18 to be contrary to the constitution of any state member of the
19 compact, the compact shall remain in full force and effect as to the
20 remaining compact states.
21 SECTION 3. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-33.5-10-12
24 (Concerning acts, errors, and omissions under the psychology
25 interjurisdictional compact).
ES 365—LS 6432/DI 144 28
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 365, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 365 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 12, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred Senate Bill 365, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to SB 365 as printed January 21, 2022.)
BARRETT
Committee Vote: Yeas 12, Nays 0
ES 365—LS 6432/DI 144