Indiana 2022 Regular Session

Indiana Senate Bill SB0365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0365.1
	2	+	February 10, 2022
	3	+	ENGROSSED
	4	+	SENATE BILL No. 365
	5	+	_____
	6	+	DIGEST OF SB 365 (Updated February 9, 2022 9:45 am - DI 140)
	7	+	Citations Affected: IC 25-33; IC 25-33.5; IC 34-30.
	8	+	Synopsis: Psychology interjurisdictional compact. Establishes the
	9	+	psychology interjurisdictional compact concerning interjurisdictional
	10	+	telepsychology and the temporary authorization to practice psychology
	11	+	in another compact state. Sets forth requirements of a compact state.
	12	+	Sets forth the duties of the psychology interjurisdictional compact
	13	+	commission.
	14	+	Effective: July 1, 2022.
	15	+	Messmer, Becker
	16	+	(HOUSE SPONSORS — ZIEMKE, CLERE)
	17	+	January 11, 2022, read first time and referred to Committee on Health and Provider
	18	+	Services.
	19	+	January 20, 2022, reported favorably — Do Pass.
	20	+	January 24, 2022, read second time, ordered engrossed. Engrossed.
	21	+	January 25, 2022, read third time, passed. Yeas 46, nays 0.
	22	+	HOUSE ACTION
	23	+	February 1, 2022, read first time and referred to Committee on Public Health.
	24	+	February 10, 2022, reported — Do Pass. Referred to Committee on Ways and Means
	25	+	pursuant to Rule 127.
	26	+	ES 365—LS 6432/DI 144 February 10, 2022
1	27		Second Regular Session of the 122nd General Assembly (2022)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 365
12		-	AN ACT to amend the Indiana Code concerning professions and
13		-	occupations.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 365
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	40	+	professions and occupations.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 25-33-1-3.5 IS ADDED TO THE INDIANA CODE
16		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17		-	1, 2022]: Sec. 3.5. The board is the state psychology regulatory
18		-	authority for purposes of IC 25-33.5.
19		-	SECTION 2. IC 25-33.5 IS ADDED TO THE INDIANA CODE AS
20		-	A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
21		-	2022]:
22		-	ARTICLE 33.5. PSYCHOLOGY INTERJURISDICTIONAL
23		-	COMPACT
24		-	Chapter 1. Purpose and Applicability
25		-	Sec. 1. The party states make the following findings:
26		-	(1) States license psychologists in order to protect the public
27		-	through verification of education, training, and experience,
28		-	and to ensure accountability for professional practice.
29		-	(2) The compact under this article is intended to regulate the
30		-	following:
31		-	(A) The day to day practice of telepsychology by
32		-	psychologists across state boundaries in the performance
33		-	of the practice of psychology, as assigned by an
34		-	appropriate authority.
35		-	(B) The temporary in-person, face-to-face practice of
36		-	SEA 365 2
37		-	psychology by psychologists across state boundaries for
38		-	not more than thirty (30) days within a calendar year in
39		-	the performance of the practice of psychology, as assigned
40		-	by an appropriate authority.
41		-	(3) The compact under this article is intended to authorize the
42		-	state psychology regulatory authorities to afford legal
43		-	recognition, in a manner consistent with the terms of the
44		-	compact under this article, to psychologists licensed in
45		-	another state.
46		-	(4) States have a vested interest in protecting the public's
47		-	health and safety through licensing and regulating
48		-	psychologists and that state regulation best protects public
49		-	health and safety.
50		-	Sec. 2. The compact set forth in this article does not apply to the
51		-	following:
52		-	(1) When a psychologist is licensed in both the home and
53		-	receiving state.
54		-	(2) Permanent in-person, face-to-face practice.
55		-	However, the compact does allow for the authorization of a
56		-	temporary psychologic practice.
57		-	Sec. 3. The compact set forth in this article is designed to
58		-	achieve the following purposes and objectives:
59		-	(1) Increase public access to professional psychological
60		-	services by allowing for telepsychological practice across state
61		-	lines as well as temporary in-person, face-to-face services into
62		-	a state in which the psychologist is not licensed to practice
63		-	psychology.
64		-	(2) Enhance the states' ability to protect the health and safety
65		-	of the public, especially client and patient safety.
66		-	(3) Encourage the cooperation of compact states in the area of
67		-	psychology licensure and regulation.
68		-	(4) Facilitate the exchange of information between compact
69		-	states concerning psychologist licensure, adverse actions, and
70		-	disciplinary history.
71		-	(5) Promote compliance with the laws governing psychological
72		-	practice in each compact state.
73		-	(6) Invest all compact states with the authority to hold
74		-	licensed psychologists accountable through the mutual
75		-	recognition of compact state licenses.
76		-	Chapter 2. Definitions
77		-	Sec. 1. The definitions set forth in this chapter apply to this
78		-	article.
79		-	SEA 365 3
80		-	Sec. 2. "Adverse action" means any action taken by a state
81		-	psychology regulatory authority that finds a violation of a statute
82		-	or regulation that is identified by the state psychology regulatory
83		-	authority as discipline and is a matter of public record.
84		-	Sec. 3. "Association of State and Provincial Psychology Boards"
85		-	means the recognized membership organization composed of state
86		-	and provincial psychology regulatory authorities responsible for
87		-	the licensure and registration of psychologists throughout the
88		-	United States and Canada.
89		-	Sec. 4. "Authority to practice interjurisdictional
90		-	telepsychology" means the authority of a licensed psychologist to
91		-	practice telepsychology, within the limits authorized under the
92		-	compact set forth in this article, in another compact state.
93		-	Sec. 5. "Bylaws" refers to the bylaws established by the
94		-	psychology interjurisdictional compact commission under
95		-	IC 25-33.5-10 for the governance of the compact or for directing
96		-	and controlling actions and conduct under the compact.
97		-	Sec. 6. "Client" or "patient" refers to the recipient of
98		-	psychological services, whether psychological services are
99		-	delivered in the context of health care, corporate, supervision, or
100		-	consulting services.
101		-	Sec. 7. "Commission" refers to the psychology
102		-	interjurisdictional compact commission, that national
103		-	administration of which all compact states are members, as
104		-	established by IC 25-33.5-10.
105		-	Sec. 8. "Commissioner" means the voting representative
106		-	appointed by each state psychology regulatory authority under
107		-	IC 25-33.5-10.
108		-	Sec. 9. "Compact state" means a state, the District of Columbia,
109		-	or a United States territory that has enacted the compact set forth
110		-	in this article and has not withdrawn under IC 25-33.5-13 or been
111		-	terminated under IC 25-33.5-12.
112		-	Sec. 10. "Confidentiality" means the principle that data or
113		-	information is not made available or disclosed to unauthorized
114		-	persons or processes.
115		-	Sec. 11. "Coordinated licensure information system" or
116		-	"coordinated data base" refers to the integrated process for
117		-	collecting, storing, and sharing information on psychologist
118		-	licensure and enforcement activities related to psychology licensure
119		-	laws and that is administered by the recognized membership
120		-	organization composed of state and provincial psychology
121		-	regulatory authorities.
122		-	SEA 365 4
123		-	Sec. 12. "Day" means any part of a day in which psychological
124		-	work is performed.
125		-	Sec. 13. "Distant state" means the compact state where a
126		-	psychologist is physically present (not through the use of
127		-	telecommunication technology) to provide temporary in-person,
128		-	face-to-face psychological services.
129		-	Sec. 14. "E.Passport" means a certificate issued by the
130		-	Association of State and Provincial Psychology Boards that
131		-	promotes the standardization in the criteria of interjurisdictional
132		-	telepsychology practice and facilitates the process for licensed
133		-	psychologists to provide telepsychological services across state
134		-	lines.
135		-	Sec. 15. "Executive board" means a group of directors elected
136		-	or appointed to act on behalf of and within the powers granted to
137		-	the group by the commission.
138		-	Sec. 16. "Home state" means one (1) of the following:
139		-	(1) The compact state where a psychologist is licensed to
140		-	practice psychology.
141		-	(2) If the psychologist is licensed in more than one (1) compact
142		-	state as a psychologist and is practicing under the
143		-	authorization to practice interjurisdictional telepsychology,
144		-	the compact state where the psychologist is physically present
145		-	when the telepsychological services are delivered.
146		-	(3) If the psychologist is licensed in more than one (1) compact
147		-	state and is practicing under the temporary authorization to
148		-	practice, the compact state where the psychologist is licensed.
149		-	Sec. 17. "Identity history summary" means a summary of
150		-	information retained by the Federal Bureau of Investigation or
151		-	other designee with similar authority in connection with arrests
152		-	and, in some instances, federal employment, naturalization, or
153		-	military service.
154		-	Sec. 18. "In-person, face-to-face" means interactions in which
155		-	the psychologist and the client or patient are in the same physical
156		-	space and that does not include interactions that may occur
157		-	through the use of telecommunication technology.
158		-	Sec. 19. "Interjurisdictional practice certificate" refers to a
159		-	certificate issued by the Association of State and Provincial
160		-	Psychology Boards that grants temporary authority to practice
161		-	based on notification to the state psychology regulatory authority
162		-	of intention to practice temporarily and the verification of the
163		-	individual's qualifications to practice psychology.
164		-	Sec. 20. "License" means the authorization by a state regulatory
165		-	SEA 365 5
166		-	authority to engage in the independent practice of psychology that
167		-	would otherwise be unlawful to practice without authorization.
168		-	Sec. 21. "Noncompact state" refers to any state that is not a
169		-	compact state.
170		-	Sec. 22. "Psychologist" means an individual who is licensed for
171		-	the independent practice of psychology.
172		-	Sec. 23. "Receiving state" refers to a compact state where the
173		-	client or patient is physically located when the telepsychological
174		-	services are delivered.
175		-	Sec. 24. "Rule" means a written statement by the psychology
176		-	interjurisdictional compact commission promulgated under
177		-	IC 25-33.5-11 that is of general applicability, implements,
178		-	interprets, or prescribes a policy or provision of the compact, or an
179		-	organizational, procedural, or practice requirement of the
180		-	commission and has the force and effect of statutory law in a
181		-	compact state, including the amendment, repeal, or suspension of
182		-	an existing rule.
183		-	Sec. 25. "Significant investigatory information" means:
184		-	(1) investigatory information that the state psychology
185		-	regulatory authority has reason to believe, after a preliminary
186		-	inquiry that includes notification and opportunity to respond
187		-	if required by state law, if proven true, would indicate more
188		-	than a violation of state statute or ethics code that would be
189		-	considered more substantial than a minor infraction; or
190		-	(2) investigatory information that indicates that the
191		-	psychologist represents an immediate threat to public health
192		-	and safety regardless of whether the psychologist has been
193		-	notified or had an opportunity to respond.
194		-	Sec. 26. "State" refers to a state, commonwealth, territory, or
195		-	possession of the United States, including the District of Columbia.
196		-	Sec. 27. "State psychology regulatory authority" means a board,
197		-	office, or other agency with the legislative mandate to license or
198		-	regulate the practice of psychology. For purposes of investigatory
199		-	activities, the term includes any other state agency lawfully
200		-	responsible for conducting investigations.
201		-	Sec. 28. "Telepsychology" means the provision of psychological
202		-	services using telecommunication technology.
203		-	Sec. 29. "Temporary authorization to practice" means the
204		-	authority of a licensed psychologist to conduct temporary
205		-	in-person, face-to-face practice, within the limits authorized under
206		-	the compact set forth in this article, in a compact state.
207		-	Sec. 30. "Temporary in-person, face-to-face practice" means
208		-	SEA 365 6
209		-	that a psychologist is physically present (not through the use of
210		-	telecommunication technology) in the distant state to provide for
211		-	the practice of psychology for not more than thirty (30) days within
212		-	a calendar year and based on notification to the distant state.
213		-	Chapter 3. Home State Licensure
214		-	Sec. 1. The home state is a compact state where the psychologist
215		-	is licensed to practice psychology.
216		-	Sec. 2. (a) A psychologist may hold more than one (1) compact
217		-	state license at a time.
218		-	(b) If the psychologist is licensed in more than one (1) compact
219		-	state, the home state is the compact state where the psychologist is
220		-	physically present when the services are delivered, as authorized
221		-	by the authority to practice interjurisdictional telepsychology
222		-	under the terms of the compact.
223		-	Sec. 3. A compact state may require a psychologist not
224		-	previously licensed in the compact state to obtain and retain a
225		-	license to be authorized to practice in the compact state under
226		-	circumstances not authorized by the authority to practice
227		-	interjurisdictional telepsychology under the terms of the compact.
228		-	Sec. 4. A compact state may require a psychologist to obtain and
229		-	retain a license to be authorized to practice in a compact state
230		-	under circumstances not authorized by temporary authorization
231		-	to practice under the terms of the compact.
232		-	Sec. 5. A home state's license authorizes a psychologist to
233		-	practice in a receiving state under the authority to practice
234		-	interjurisdictional telepsychology only if the compact state:
235		-	(1) currently requires the psychologist to hold an active
236		-	E.Passport;
237		-	(2) has a mechanism in place for receiving and investigating
238		-	complaints about licensed individuals;
239		-	(3) notifies the commission, in compliance with the compact
240		-	terms, of any adverse action or significant investigatory
241		-	information concerning a licensed individual;
242		-	(4) requires an identity history summary of all applicants at
243		-	initial licensure, including the use of the results of fingerprints
244		-	or other biometric data checks compliant with the
245		-	requirements of the Federal Bureau of Investigation, or other
246		-	designee with similar authority, not later than ten (10) years
247		-	after activation of the compact; and
248		-	(5) complies with the bylaws and rules of the commission.
249		-	Sec. 6. A home state's license grants temporary authorization to
250		-	practice to a psychologist in a distant state only if the compact
251		-	SEA 365 7
252		-	state:
253		-	(1) currently requires the psychologist to hold an active
254		-	interjurisdictional practice certificate;
255		-	(2) has a mechanism in place for receiving and investigating
256		-	complaints about licensed individuals;
257		-	(3) notifies the commission, in compliance with the compact
258		-	terms, of any adverse action or significant investigatory
259		-	information concerning a licensed individual;
260		-	(4) requires an identity history summary of all applicants at
261		-	initial licensure, including the use of the results of fingerprints
262		-	or other biometric data checks compliant with the
263		-	requirements of the Federal Bureau of Investigation, or other
264		-	designee with similar authority, not later than ten (10) years
265		-	after activation of the compact; and
266		-	(5) complies with the bylaws and rules of the commission.
267		-	Chapter 4. Compact Privilege to Practice Telepsychology
268		-	Sec. 1. A compact state shall recognize the right of a
269		-	psychologist, licensed in a compact state in compliance with
270		-	IC 25-33.5-3, to practice telepsychology in another compact state
271		-	in which the psychologist is not licensed, under the authority to
272		-	practice interjurisdictional telepsychology, as provided by the
273		-	compact.
274		-	Sec. 2. To exercise the authority to practice interjurisdictional
275		-	telepsychology under the terms and provisions of the compact, a
276		-	psychologist licensed to practice in a compact state must meet the
277		-	following:
278		-	(1) Hold a graduate degree in psychology from an institute of
279		-	higher education that was, at the time the degree was
280		-	awarded:
281		-	(A) either:
282		-	(i) regionally accredited by an accrediting body
283		-	recognized by the United States Department of
284		-	Education to grant graduate degrees; or
285		-	(ii) authorized by provincial statute or royal charter to
286		-	grant doctoral degrees; or
287		-	(B) a foreign college or university deemed to be equivalent
288		-	to an institute described under clause (A) by a foreign
289		-	credential evaluation service that is a member of the
290		-	National Association of Credential Evaluation Services
291		-	(NACES) or by a recognized foreign credential evaluation
292		-	service.
293		-	(2) Hold a graduate degree in psychology from a program
294		-	SEA 365 8
295		-	that meets the following:
296		-	(A) The program, wherever it may be administratively
297		-	housed, must:
298		-	(i) be clearly identified and labeled as a psychology
299		-	program; and
300		-	(ii) specify in institutional catalogs and brochures the
301		-	intent to educate and train professional psychologists.
302		-	(B) Stands as a recognizable, coherent, organizational
303		-	entity within the institution.
304		-	(C) Has a clear authority and primary responsibility for
305		-	the core and specialty areas, whether or not the program
306		-	cuts across administrative lines.
307		-	(D) Consists of an integrated, organized sequence of study.
308		-	(E) Includes identifiable psychology faculty that are
309		-	sufficient in size and breadth to carry out faculty
310		-	responsibilities.
311		-	(F) Employs a director of the program that is a
312		-	psychologist and a member of the core faculty.
313		-	(G) Has an identifiable body of students who are
314		-	matriculated in the program for a degree.
315		-	(H) Includes supervised practicum, internship, or field
316		-	training appropriate to the practice of psychology.
317		-	(I) Encompasses curriculum of a minimum of three (3)
318		-	academic years of full-time graduate study for a doctoral
319		-	degree and a minimum of one (1) academic year of
320		-	full-time graduate study for a master's degree.
321		-	(J) Includes an acceptable residency, as defined by the
322		-	rules of the commission.
323		-	(3) Possess a current, full, and unrestricted license to practice
324		-	psychology in a home state that is a compact state.
325		-	(4) Have no history of an adverse action that violates the rules
326		-	of the commission.
327		-	(5) Have no criminal record history reported on an identity
328		-	history summary that violates the rules of the commission.
329		-	(6) Possess a current, active E.Passport.
330		-	(7) Provide attestations concerning the following:
331		-	(A) Areas of intended practice.
332		-	(B) Conformity with standards of practice.
333		-	(C) Competence in telepsychology technology.
334		-	(D) Criminal background.
335		-	(E) Knowledge and adherence to legal requirements in the
336		-	home state and receiving state.
337		-	SEA 365 9
338		-	(F) The provision and release of information to allow for
339		-	primary source verification in a manner specified by the
340		-	commission.
341		-	(8) Meet other criteria, as determined by the rules of the
342		-	commission.
343		-	Sec. 3. The home state maintains authority over the license of a
344		-	psychologist practicing in a receiving state under the authority to
345		-	practice interjurisdictional telepsychology.
346		-	Sec. 4. (a) A psychologist practicing in a receiving state under
347		-	the authority to practice interjurisdictional telepsychology is
348		-	subject to the receiving state's scope of practice.
349		-	(b) A receiving state may, in accordance with the state's due
350		-	process law, limit or revoke a psychologist's authority to practice
351		-	interjurisdictional telepsychology in the receiving state and may
352		-	take any other necessary actions under the receiving state's
353		-	applicable law to protect the health and safety of the receiving
354		-	state's citizens.
355		-	(c) If the receiving state takes any action described in this
356		-	section, the receiving state shall promptly notify the home state and
357		-	the commission.
358		-	Sec. 5. If a psychologist's:
359		-	(1) license in any home state or another compact state; or
360		-	(2) authority to practice interjurisdictional telepsychology in
361		-	any receiving state;
362		-	is restricted, suspended, or otherwise limited, the E.Passport shall
363		-	be revoked and the psychologist shall not be eligible to practice
364		-	telepsychology in a compact state under the authority to practice
365		-	interjurisdictional telepsychology.
366		-	Chapter 5. Compact Temporary Authorization to Practice
367		-	Sec. 1. A compact state shall recognize the right of a
368		-	psychologist who is licensed in a compact state, in conformance
369		-	with IC 25-33.5-3, to practice temporarily in another compact state
370		-	in which the psychologist is not licensed, as provided in the
371		-	compact.
372		-	Sec. 2. To exercise the temporary authorization to practice
373		-	under the terms and provisions of the compact, a psychologist
374		-	licensed to practice in a compact state must meet the following:
375		-	(1) Hold a graduate degree in psychology from an institute of
376		-	higher education that was, at the time the degree was
377		-	awarded:
378		-	(A) either:
379		-	(i) regionally accredited by an accrediting body
380		-	SEA 365 10
381		-	recognized by the United States Department of
382		-	Education to grant graduate degrees; or
383		-	(ii) authorized by provincial statute or royal charter to
384		-	grant doctoral degrees; or
385		-	(B) a foreign college or university deemed to be equivalent
386		-	to an institute described under clause (A) by a foreign
387		-	credential evaluation service that is a member of the
388		-	National Association of Credential Evaluation Services
389		-	(NACES) or by a recognized foreign credential evaluation
390		-	service.
391		-	(2) Hold a graduate degree in psychology from a program
392		-	that meets the following:
393		-	(A) The program, wherever it may be administratively
394		-	housed, must:
395		-	(i) be clearly identified and labeled as a psychology
396		-	program; and
397		-	(ii) specify in institutional catalogs and brochures the
398		-	intent to educate and train professional psychologists.
399		-	(B) Stands as a recognizable, coherent, organizational
400		-	entity within the institution.
401		-	(C) Has a clear authority and primary responsibility for
402		-	the core and specialty areas, whether or not the program
403		-	cuts across administrative lines.
404		-	(D) Consists of an integrated, organized sequence of study.
405		-	(E) Includes identifiable psychology faculty that are
406		-	sufficient in size and breadth to carry out faculty
407		-	responsibilities.
408		-	(F) Employs a director of the program that is a
409		-	psychologist and a member of the core faculty.
410		-	(G) Has an identifiable body of students who are
411		-	matriculated in the program for a degree.
412		-	(H) Includes supervised practicum, internship, or field
413		-	training appropriate to the practice of psychology.
414		-	(I) Encompasses curriculum of a minimum of three (3)
415		-	academic years of full-time graduate study for a doctoral
416		-	degree and a minimum of one (1) academic year of
417		-	full-time graduate study for a master's degree.
418		-	(J) Includes an acceptable residency, as defined by the
419		-	rules of the commission.
420		-	(3) Possess a current, full, and unrestricted license to practice
421		-	psychology in a home state that is a compact state.
422		-	(4) Have no history of an adverse action that violates the rules
423		-	SEA 365 11
424		-	of the commission.
425		-	(5) Have no criminal record history reported on an identity
426		-	history summary that violates the rules of the commission.
427		-	(6) Possess a current, active interjurisdictional practice
428		-	certificate.
429		-	(7) Provide attestations concerning the following:
430		-	(A) Areas of intended practice.
431		-	(B) Work experience.
432		-	(C) The provision and release of information to all for
433		-	primary source verification in a manner specified by the
434		-	commission.
435		-	(8) Meet other criteria, as determined by the rules of the
436		-	commission.
437		-	Sec. 3. A psychologist practicing into a distant state under the
438		-	temporary authorization to practice shall practice within the scope
439		-	of practice authorized by the distant state.
440		-	Sec. 4. (a) A psychologist practicing into a distant state under
441		-	the temporary authorization to practice is subject to the distant
442		-	state's authority and law.
443		-	(b) A distant state may, in accordance with the state's due
444		-	process law, limit or revoke a psychologist's temporary
445		-	authorization to practice in the distant state and may take any
446		-	other necessary actions under the distant state's applicable law to
447		-	protect the health and safety of the distant state's citizens.
448		-	(c) If the distant state takes any action under this section, the
449		-	distant state shall promptly notify the home state and the
450		-	commission.
451		-	Sec. 5. If a psychologist's:
452		-	(1) license in any home state or another compact state; or
453		-	(2) temporary authorization to practice in any distant state;
454		-	is restricted, suspended, or otherwise limited, the
455		-	interjurisdictional practice certificate shall be revoked and the
456		-	psychologist shall not be eligible to practice in a compact state
457		-	under the temporary authorization to practice.
458		-	Chapter 6. Conditions of Telepsychology Practice in a Receiving
459		-	State
460		-	Sec. 1. A psychologist may practice in a receiving state under
461		-	the authority to practice interjurisdictional telepsychology only in
462		-	the performance of the scope of practice for psychology, as
463		-	assigned by an appropriate state psychology regulatory authority,
464		-	as defined in the rules of the commission, and under the following
465		-	circumstances:
466		-	SEA 365 12
467		-	(1) The psychologist initiates a client or patient contact in a
468		-	home state via telecommunication technologies with a client
469		-	or patient in a receiving state.
470		-	(2) Other conditions concerning telepsychology, as determined
471		-	by the rules promulgated by the commission.
472		-	Chapter 7. Adverse Actions
473		-	Sec. 1. A home state shall have the power to impose adverse
474		-	action against a psychologist's license issued by the home state. A
475		-	distant state shall have the power to take adverse action on a
476		-	psychologist's temporary authorization to practice within the
477		-	distant state.
478		-	Sec. 2. A receiving state may take adverse action on a
479		-	psychologist's authority to practice interjurisdictional
480		-	telepsychology within the receiving state. A home state may take
481		-	adverse action against a psychologist based on an adverse action
482		-	taken by a distant state concerning temporary in-person,
483		-	face-to-face practice.
484		-	Sec. 3. (a) If a home state takes adverse action against a
485		-	psychologist's license, the psychologist's:
486		-	(1) authority to practice interjurisdictional telepsychology is
487		-	terminated;
488		-	(2) E.Passport is revoked;
489		-	(3) temporary authorization to practice is terminated; and
490		-	(4) interjurisdictional practice certificate is revoked.
491		-	(b) All home state disciplinary orders that impose adverse
492		-	action must be reported to the commission in accordance with the
493		-	rules promulgated by the commission. A compact state shall report
494		-	adverse actions in accordance with the rules of the commission.
495		-	(c) In the event discipline is reported on a psychologist, the
496		-	psychologist is not eligible for telepsychology or temporary
497		-	in-person, face-to-face practice in accordance with the rules of the
498		-	commission.
499		-	(d) Other actions may be imposed on the psychologist, as
500		-	determined by the rules promulgated by the commission.
501		-	Sec. 4. A home state's psychology regulatory authority shall
502		-	investigate and take appropriate action concerning reported
503		-	inappropriate conduct engaged in by a licensee that occurred in a
504		-	receiving state as it would if the conduct had occurred by a licensee
505		-	within the home state. The home state's law shall control in
506		-	determining any adverse action against a psychologist's license.
507		-	Sec. 5. A distant state's psychology regulatory authority shall
508		-	investigate and take appropriate action concerning reported
509		-	SEA 365 13
510		-	inappropriate conduct engaged in by a psychologist practicing
511		-	under temporary authorization to practice that occurred in the
512		-	distant state as the distant state would if the conduct had occurred
513		-	by a licensee within the home state. The distant state's law shall
514		-	control in determining any adverse action against the
515		-	psychologist's temporary authorization to practice.
516		-	Sec. 6. (a) Nothing in this compact shall override a compact
517		-	state's decision that a psychologist's participation in an alternative
518		-	program may be used instead of adverse action and the
519		-	participation must remain nonpublic if required by the compact
520		-	state's law.
521		-	(b) Compact states must require psychologists who enter any
522		-	alternative programs to not provide telepsychology services under
523		-	the authority to practice interjurisdictional telepsychology or
524		-	provide temporary psychological services under the temporary
525		-	authorization to practice in any other compact state during the
526		-	term of the alternative program.
527		-	Sec. 7. No other judicial or administrative remedies shall be
528		-	available to a psychologist in the event a compact state imposes an
529		-	adverse action under section 3 of this chapter.
530		-	Chapter 8. Additional Authorities in a Compact State's
531		-	Psychology Regulatory Authority
532		-	Sec. 1. In addition to any other powers granted under state law,
533		-	a compact state's psychology regulatory authority shall have the
534		-	authority under this compact to do the following:
535		-	(1) Issue subpoenas for both hearings and investigations that
536		-	require the attendance and testimony of witnesses and the
537		-	production of evidence. Subpoenas issued by a compact state's
538		-	psychology regulatory authority for the attendance and
539		-	testimony of witnesses or the production of evidence from
540		-	another compact state must be enforced in the latter state by
541		-	any court of competent jurisdiction, and according to the
542		-	court's practice and procedure in considering subpoenas
543		-	issued by the court's proceedings. The issuing state
544		-	psychology regulatory authority shall pay any witness fees,
545		-	travel expenses, mileage, and other fees required by the
546		-	service statutes of the state where the witness or evidence is
547		-	located.
548		-	(2) Issue cease and desist or injunctive relief orders to revoke
549		-	a psychologist's authority to practice interjurisdictional
550		-	telepsychology or temporary authorization to practice.
551		-	Sec. 2. (a) During the course of any investigation, a psychologist
552		-	SEA 365 14
553		-	may not change the psychologist's home state licensure. A home
554		-	state psychology regulatory authority is authorized to complete
555		-	any pending investigations of a psychologist and to take any actions
556		-	appropriate under the home state's laws.
557		-	(b) The home state psychology regulatory authority shall
558		-	promptly report the conclusions of the investigations to the
559		-	commission.
560		-	(c) Once an investigation has been completed, and pending the
561		-	outcome of the investigation, the psychologist may change the
562		-	psychologist's home licensure. The commission shall promptly
563		-	notify the new home state of any decision, as provided in the rules
564		-	of the commission.
565		-	(d) All information provided to the commission or distributed
566		-	by compact states concerning the psychologist shall be confidential,
567		-	filed under seal, and used for investigatory or disciplinary matters.
568		-	The commission may create additional rules for mandated or
569		-	discretionary sharing of information by compact states.
570		-	Chapter 9. Coordinated Licensure Information System
571		-	Sec. 1. The commission shall provide for the development and
572		-	maintenance of a coordinated licensure information system and
573		-	reporting system (coordinated data base) containing licensure and
574		-	disciplinary action information on all individuals to whom this
575		-	compact is applicable in all compact states, as defined by the rules
576		-	of the commission.
577		-	Sec. 2. Notwithstanding any other provision of state law, a
578		-	compact state shall submit a uniform data set to the coordinated
579		-	data base on all licenses as required by the rules of the commission,
580		-	including the following:
581		-	(1) Identifying information.
582		-	(2) Licensure data.
583		-	(3) Significant investigatory information.
584		-	(4) Adverse actions against a psychologist's license.
585		-	(5) An indicator that a psychologist's authority to practice
586		-	interjurisdictional telepsychology or temporary authorization
587		-	to practice is revoked.
588		-	(6) Nonconfidential information concerning alternative
589		-	program participation information.
590		-	(7) Any denial of application for licensure and the reason for
591		-	the denial.
592		-	(8) Other information to facilitate the administration of the
593		-	compact, as determined by the rules of the commission.
594		-	Sec. 3. The coordinated data base administrator shall promptly
595		-	SEA 365 15
596		-	notify all compact states of any:
597		-	(1) adverse action taken against; or
598		-	(2) significant investigative information on;
599		-	any licensee in a compact state.
600		-	Sec. 4. A compact state reporting information to the coordinated
601		-	data base may designate information that may not be shared with
602		-	the public without the express permission of the compact state
603		-	reporting the information.
604		-	Sec. 5. Any information submitted to the coordinated data base
605		-	that is subsequently required to be expunged by the law of the
606		-	compact state reporting the information shall be removed from the
607		-	coordinated data base.
608		-	Chapter 10. Establishment of the Psychology Interjurisdictional
609		-	Compact Commission
610		-	Sec. 1. (a) The compact states hereby create and establish a joint
611		-	public agency known as the psychology interjurisdictional compact
612		-	commission.
613		-	(b) The commission is a body politic and an instrumentality of
614		-	the compact states.
615		-	(c) Venue is proper and judicial proceedings by or against the
616		-	commission shall be brought solely and exclusively in a court of
617		-	competent jurisdiction where the principal office of the commission
618		-	is located. The commission may waive venue and jurisdictional
619		-	defenses to the extent the commission adopts or consents to
620		-	participate in alternative dispute resolution proceedings.
621		-	(d) Nothing in this compact shall be construed to be a waiver of
622		-	sovereign immunity.
623		-	Sec. 2. (a) The commission shall consist of one (1) voting
624		-	delegate appointed by each compact state who shall serve as the
625		-	state's commissioner. The state psychology regulatory authority
626		-	shall appoint the state's delegate.
627		-	(b) The delegate shall be empowered to act on behalf of the
628		-	compact state. The delegate shall be limited to:
629		-	(1) an executive director, executive secretary, or a similar
630		-	executive position;
631		-	(2) a current member of the state psychology regulatory
632		-	authority of a compact state; or
633		-	(3) a designee empowered with the appropriate delegate
634		-	authority to act on behalf of the compact state.
635		-	(c) Any commissioner may be removed or suspended from office
636		-	as provided by the law of the state from which the commissioner is
637		-	appointed. Any vacancy occurring on the commission shall be filled
638		-	SEA 365 16
639		-	in accordance with the laws of the compact state in which the
640		-	vacancy exists.
641		-	Sec. 3. Each commissioner shall be entitled to one (1) vote
642		-	concerning the promulgation of rules and the creation of bylaws,
643		-	and otherwise have an opportunity to participate in the business
644		-	and affairs of the commission. A commissioner shall vote in person
645		-	or by any other means provided by the bylaws. The bylaws may
646		-	provide for commissioners to participate in meetings by telephone
647		-	or other means of communication.
648		-	Sec. 4. The commission shall meet at least once during each
649		-	calendar year. Additional meetings shall be held as set forth in the
650		-	bylaws.
651		-	Sec. 5. All meetings shall be open to the public, and public notice
652		-	of the meetings shall be given in the same manner as required
653		-	under the rulemaking provisions set forth in IC 25-33.5-11.
654		-	Sec. 6. (a) The commission may convene in a closed, nonpublic
655		-	meeting if the commission must discuss any of the following:
656		-	(1) Noncompliance of a compact state with the compact state's
657		-	obligations under the compact.
658		-	(2) The employment, compensation, discipline, other
659		-	personnel matters, practices or procedures concerning
660		-	specific employees, or other matters related to the
661		-	commission's internal personnel practices and procedures.
662		-	(3) Current, threatened, or reasonably anticipated litigation
663		-	against the commission.
664		-	(4) Negotiation of contracts for the purchase or sale of goods,
665		-	services, or real estate.
666		-	(5) Accusations against any person of a crime or formal
667		-	censure of a person.
668		-	(6) Disclosure of trade secrets, commercial, or financial
669		-	information that is privileged or confidential.
670		-	(7) Disclosure of information of a personal nature where
671		-	disclosure would constitute a clearly unwarranted invasion of
672		-	personal privacy.
673		-	(8) Disclosure of investigatory records compiled for law
674		-	enforcement purposes.
675		-	(9) Disclosure of information concerning any investigatory
676		-	reports prepared by or on behalf of or for use of the
677		-	commission or other committee charged with responsibility
678		-	for investigation or determination of compliance issues under
679		-	the compact.
680		-	(10) Matters specifically exempted from disclosure by federal
681		-	SEA 365 17
682		-	or state statute.
683		-	(b) If a meeting, or portion of a meeting, is closed under
684		-	subsection (a), the commission's legal counsel or designee shall
685		-	certify that the meeting may be closed and shall reference each
686		-	relevant exempting provision.
687		-	Sec. 7. (a) The commission shall keep minutes which fully and
688		-	clearly describe all matters discussed in a meeting, and the reasons
689		-	therefore, including a description of the views expressed.
690		-	(b) All documents considered in connection with an action shall
691		-	be identified in the minutes.
692		-	(c) All minutes and documents of a closed meeting shall remain
693		-	under seal, subject to release only by a majority vote of the
694		-	commission or order of a court of competent jurisdiction.
695		-	Sec. 8. (a) The commission shall, by a majority vote of the
696		-	commissioners, prescribe bylaws or rules to govern the
697		-	commission's conduct as may be necessary or appropriate to carry
698		-	out the purposes and exercise the powers of the compact, including
699		-	the following:
700		-	(1) Establishing the fiscal year of the commission.
701		-	(2) Providing reasonable standards and procedures:
702		-	(A) for the establishment and meetings of other
703		-	committees; and
704		-	(B) for the governing of any general or specific delegation
705		-	of any authority or function of the commission.
706		-	(3) Providing reasonable procedures for calling and
707		-	conducting meetings of the commission, ensuring reasonable
708		-	advance notice of all meetings and providing an opportunity
709		-	for attendance of the meetings by interested parties, with
710		-	enumerated exceptions designed to protect the public's
711		-	interest, the privacy of individuals of any proceeding, and
712		-	proprietary information, including trade secrets.
713		-	(4) Establishing the titles, duties, and authority and
714		-	reasonable procedures for the election of the officers of the
715		-	commission.
716		-	(5) Providing reasonable standards and procedures for the
717		-	establishment of the personnel policies and programs of the
718		-	commission. Notwithstanding any other state law, the bylaws
719		-	shall exclusively govern the personnel policies and programs
720		-	of the commission.
721		-	(6) Promulgating a code of ethics to address permissible and
722		-	prohibited activities of commission members and employees.
723		-	(7) Providing a mechanism for concluding the operations of
724		-	SEA 365 18
725		-	the commission and the equitable disposition of any surplus
726		-	funds that may exist after the termination of the compact
727		-	after the payment or reserving of all of the commission's debts
728		-	and obligations.
729		-	(b) The commission may meet in closed session only after a
730		-	majority of the commissioners vote to close a meeting to the public
731		-	in whole or in part. As soon as practicable, the commission must
732		-	make public a copy of the vote to close the meeting revealing the
733		-	vote of each commissioner with no proxy votes allowed.
734		-	(c) The commission shall publish the bylaws in a convenient
735		-	form and file a copy of the bylaws and any amendments to the
736		-	bylaws with the appropriate agency or officer in each compact
737		-	state.
738		-	(d) The commission shall maintain the commission's financial
739		-	records in accordance with the bylaws.
740		-	(e) The commission shall meet and take any action that is
741		-	consistent with the provisions of the compact and the bylaws.
742		-	Sec. 9. The commission shall have the following powers:
743		-	(1) Promulgate uniform rules to facilitate and coordinate
744		-	implementation and administration of the compact. The rules
745		-	shall have the force and effect of laws and shall be binding in
746		-	all compact states.
747		-	(2) Bring and prosecute legal proceedings or actions in the
748		-	name of the commission, provided that the standing of any
749		-	state psychology regulatory authority or other regulatory
750		-	body responsible for psychology licensure to sue or be sued
751		-	under applicable law shall not be affected.
752		-	(3) Purchase and maintain insurance and bonds.
753		-	(4) Borrow, accept, or contract for services of personnel,
754		-	including employees of a compact state.
755		-	(5) Hire employees, elect or appoint officers, fix
756		-	compensation, define duties, grant appropriate authority to
757		-	individuals to carry out the purposes of the compact, and
758		-	establish the commission's personnel policies and programs
759		-	concerning conflicts of interest, qualifications of personnel,
760		-	and other related personnel matters.
761		-	(6) Accept, receive, utilize, and dispose of any and all
762		-	appropriate donations and grants of money, equipment,
763		-	supplies, materials, and services.
764		-	(7) Lease, purchase, accept appropriate gifts or donations, or
765		-	otherwise own, hold, improve, or use, any:
766		-	(A) real;
767		-	SEA 365 19
768		-	(B) personal; or
769		-	(C) mixed;
770		-	property, provided that at all times the commission shall
771		-	strive to avoid any appearance of impropriety.
772		-	(8) Sell, convey, mortgage, pledge, lease, exchange, abandon,
773		-	or otherwise dispose of any:
774		-	(A) real;
775		-	(B) personal; or
776		-	(C) mixed;
777		-	property.
778		-	(9) Establish a budget and make expenditures.
779		-	(10) Borrow money.
780		-	(11) Appoint committees, including advisory committees,
781		-	comprised of members, state regulators, state legislators or a
782		-	state legislator's designee, consumer representatives, and any
783		-	other interested persons as may be designated in the compact
784		-	and the bylaws.
785		-	(12) Provide and receive information from, and cooperate
786		-	with, law enforcement agencies.
787		-	(13) Adopt and use an official seal.
788		-	(14) Perform other functions that may be necessary or
789		-	appropriate to achieve the purposes of the compact and that
790		-	are consistent with the state regulation of psychology
791		-	licensure, temporary in-person, face-to-face practice, and the
792		-	practice of telepsychology.
793		-	Sec. 10. (a) The elected officers of the commission shall serve as
794		-	the executive board and have the power to act on behalf of the
795		-	commission in accordance with the compact.
796		-	(b) The executive board shall be comprised of the following six
797		-	(6) members:
798		-	(1) Five (5) voting members who are elected from the current
799		-	membership of the commission by the commission.
800		-	(2) One (1) ex officio, nonvoting member from the recognized
801		-	membership organization composed of state and provincial
802		-	psychology regulatory authorities.
803		-	(c) The ex officio member must have served as staff or a
804		-	member of a state psychology regulatory authority and will be
805		-	selected by the respective organization.
806		-	(d) The commission may remove any member of the executive
807		-	board as provided in the bylaws of the compact.
808		-	(e) The executive board shall meet at least once annually.
809		-	(f) The executive board shall have the following duties and
810		-	SEA 365 20
811		-	responsibilities:
812		-	(1) Make recommendations to the entire commission for any:
813		-	(A) changes to the rules or bylaws;
814		-	(B) changes to compact legislation; and
815		-	(C) fees to be paid by compact states, including annual
816		-	dues and other applicable fees.
817		-	(2) Ensure compact administration services are appropriately
818		-	provided, whether by contract or otherwise.
819		-	(3) Prepare and recommend the budget.
820		-	(4) Maintain financial records on behalf of the commission.
821		-	(5) Monitor compact compliance of member states and
822		-	provide compliance reports to the commission.
823		-	(6) Establish additional committees, as necessary.
824		-	(7) Perform any other duties provided in the rules or bylaws.
825		-	Sec. 11. (a) The commission shall pay, or provide for the
826		-	payment of, the reasonable expenses of the commission's
827		-	establishment, organization, and any ongoing activities.
828		-	(b) The commission may accept any appropriate revenue
829		-	sources, donations, and grants of money, equipment, supplies,
830		-	materials, and services.
831		-	(c) The commission may:
832		-	(1) levy on, and collect an annual assessment from, each
833		-	compact state; or
834		-	(2) impose fees on other parties;
835		-	to cover the cost of the operations and activities of the commission
836		-	and the commission's staff in an amount that is sufficient to cover
837		-	the commission's annual budget as approved each year for revenue
838		-	that is not provided by other sources. The aggregate annual
839		-	assessment amount shall be allocated based upon a formula
840		-	determined by the commission and promulgated through a rule
841		-	binding all the compact states.
842		-	(d) The commission shall not incur any obligations of any kind
843		-	before securing adequate funds to meet the obligation. The
844		-	commission may not pledge the credit of any of the compact states
845		-	except by and with the authority of the compact state.
846		-	(e) The commission shall keep accurate accounts of all receipts
847		-	and disbursements. The commission's receipts and disbursements
848		-	shall be subject to the audit and accounting procedures established
849		-	under the commission's bylaws. However, all receipts and
850		-	disbursements of funds handled by the commission shall be audited
851		-	yearly by a certified or licensed public accountant and the report
852		-	of the audit shall be included in, and become part of, the
853		-	SEA 365 21
854		-	commission's annual report.
855		-	Sec. 12. (a) The:
856		-	(1) members;
857		-	(2) officers;
858		-	(3) executive director;
859		-	(4) employees; and
860		-	(5) representatives;
861		-	of the commission shall be immune from each suit and liability,
862		-	either personally or in the individual's official capacity, for any
863		-	claim for damage to or loss of property, personal injury, or other
864		-	civil liability caused by or arising out of an actual or alleged act,
865		-	error, or omission that occurred, or that the person against whom
866		-	the claim is made had a reasonable basis for believing occurred
867		-	within the scope of commission employment, duties, or
868		-	responsibilities as long as nothing may be construed to protect any
869		-	individual from a suit or liability for any damage, loss, injury, or
870		-	liability caused by the intentional or willful or wanton misconduct
871		-	of the individual.
872		-	(b) The commission shall defend any member, officer, executive
873		-	director, employee, or representative of the commission in any civil
874		-	action seeking to impose liability arising out of any actual or
875		-	alleged act, error, or omission that occurred within the scope of
876		-	commission employment, duties, or responsibilities, or that the
877		-	individual against whom the claim is made had a reasonable basis
878		-	for believing occurred within the scope of the commission
879		-	employment, duties, or responsibilities, provided that:
880		-	(1) nothing shall be construed to prohibit the individual from
881		-	retaining the individual's own counsel; and
882		-	(2) the actual or alleged act, error, or omission did not result
883		-	from the individual's intentional or willful or wanton
884		-	misconduct.
885		-	(c) The commission shall indemnify and hold harmless any
886		-	member, officer, executive director, employee, or representative of
887		-	the commission for the amount of any settlement or judgment
888		-	obtained against the individual arising out of any actual or alleged
889		-	act, error, or omission that occurred within the scope of
890		-	commission employment, duties, or responsibilities, or that the
891		-	individual had reasonable basis for believing occurred within the
892		-	scope of commission employment, duties, or responsibilities,
893		-	provided that the actual or alleged act, error, or omission did not
894		-	result from intentional or willful or wanton misconduct by the
895		-	individual.
896		-	SEA 365 22
897		-	Chapter 11. Rulemaking
898		-	Sec. 1. The commission shall exercise the commission's
899		-	rulemaking powers pursuant to the criteria set forth in this chapter
900		-	and the rules adopted under this chapter. Rules and amendments
901		-	shall become binding as of the date specified in each rule or
902		-	amendment.
903		-	Sec. 2. If a majority of the legislatures of the compact states
904		-	reject a rule, by enactment of a statute or resolution in the same
905		-	manner that was used to adopt the compact, then the rule shall
906		-	have no further force and effect in any compact state.
907		-	Sec. 3. Rules, or amendments to the rules, shall be adopted at a
908		-	regular or special meeting of the commission.
909		-	Sec. 4. (a) Before promulgation and adoption of a final rule by
910		-	the commission, and at least sixty (60) days in advance of the
911		-	meeting at which the rule will be considered and voted upon, the
912		-	commission shall file a notice of proposed rulemaking as follows:
913		-	(1) On the commission's Internet web site.
914		-	(2) On:
915		-	(A) the Internet web site of each compact state's
916		-	psychology regulatory authority; or
917		-	(B) the publication in which each state would otherwise
918		-	publish proposed rules.
919		-	(b) The notice of proposed rulemaking shall include the
920		-	following:
921		-	(1) The proposed time, date, and location of the meeting in
922		-	which the rule will be considered and voted upon.
923		-	(2) The text of the proposed rule or amendment and the
924		-	reason for the proposed rule.
925		-	(3) A request for comments on the proposed rule from any
926		-	interested person.
927		-	(4) The manner in which an interested person may submit
928		-	notice to the commission of the person's intention to attend
929		-	the public hearing and any written comments.
930		-	Sec. 5. Before the adoption of a proposed rule, the commission
931		-	shall allow a person to submit written data, facts, opinions, and
932		-	arguments to the commission and the submission shall be made
933		-	available to the public.
934		-	Sec. 6. (a) The commission shall grant an opportunity for a
935		-	public hearing before the commission adopts a rule or amendment
936		-	if a hearing is requested by:
937		-	(1) at least twenty-five (25) persons who submit comments
938		-	independently of each other;
939		-	SEA 365 23
940		-	(2) a governmental subdivision or agency; or
941		-	(3) a duly appointed person in an association that has at least
942		-	twenty-five (25) members.
943		-	(b) If a hearing is held on the proposed rule or amendment, the
944		-	commission shall publish the location, time, and date of the
945		-	scheduled public hearing.
946		-	(c) Any person wishing to be heard at the hearing shall notify
947		-	the executive director of the commission or other designated
948		-	member in writing of the person's desire to appear and testify at
949		-	the hearing not less than five (5) business days before the scheduled
950		-	date of the hearing.
951		-	(d) The hearing shall be conducted in a manner that provides
952		-	each person who wishes to comment a fair and reasonable
953		-	opportunity to comment orally or in writing.
954		-	(e) No transcript of the hearing is required, unless a written
955		-	request for the transcription is made. If a written request for a
956		-	transcript is made, the person requesting the transcript shall bear
957		-	the cost of producing the transcript. A recording may be made in
958		-	lieu of a transcript under the same terms and conditions as a
959		-	transcript. This subsection shall not preclude the commission from
960		-	making a transcript or recording of the hearing if the commission
961		-	chooses to do so.
962		-	(f) Nothing in this section shall be construed as requiring a
963		-	separate hearing on each rule. Rules may be grouped for the
964		-	convenience of the commission at hearings required by this section.
965		-	(g) Following the scheduled hearing date, or by the close of
966		-	business on the scheduled hearing date if the hearing was not held,
967		-	the commission shall consider all written and oral comments
968		-	received.
969		-	(h) The commission shall, by a majority vote of all members,
970		-	take final action on the proposed rule and shall determine the
971		-	effective date of the rule, if any, based on the rulemaking record
972		-	and the full text of the rule.
973		-	(i) If no written notice of intent to attend the public hearing by
974		-	interested parties is received, the commission may proceed with
975		-	promulgation of the proposed rule without a public hearing.
976		-	Sec. 7. (a) Upon determination that an emergency exists, the
977		-	commission may consider and adopt an emergency rule without:
978		-	(1) prior notice;
979		-	(2) opportunity for comment; or
980		-	(3) hearing;
981		-	provided that the usual rulemaking procedures provided in the
982		-	SEA 365 24
983		-	compact and in this chapter shall be retroactively applied to the
984		-	rule as soon as reasonably possible, and not later than ninety (90)
985		-	days after the effective date of the rule.
986		-	(b) For the purposes of this section, an emergency rule is a rule
987		-	that must be adopted immediately in order to:
988		-	(1) meet an imminent threat to public health, safety, or
989		-	welfare;
990		-	(2) prevent a loss of commission or compact state funds;
991		-	(3) meet a deadline for the promulgation of an administrative
992		-	rule that is established by federal law or rule; or
993		-	(4) protect public health and safety.
994		-	Sec. 8. (a) The commission, or an authorized committee of the
995		-	commission, may direct revisions to a previously adopted rule or
996		-	amendment for purposes of correcting typographical errors, errors
997		-	in format, errors in consistency, or grammatical errors. Public
998		-	notice of any revisions shall be posted on the commission's Internet
999		-	web site. The revision must be subject to challenge by any person
1000		-	for a period of thirty (30) days after posting.
1001		-	(b) The revision may be challenged only on grounds that the
1002		-	revision results in a material change to a rule. A challenge must be
1003		-	made in writing and delivered to the chair of the commission
1004		-	before the end of the notice period.
1005		-	(c) If no challenge is made, the revision will take effect without
1006		-	further action. If the revision is challenged, the revision may not
1007		-	take effect without the approval of the commission.
1008		-	Chapter 12. Oversight, Dispute Resolution, and Enforcement
1009		-	Sec. 1. (a) The executive, legislative, and judicial branches of
1010		-	state government in each compact state shall enforce the compact
1011		-	and take all actions necessary and appropriate to effectuate the
1012		-	compact's purposes and intent.
1013		-	(b) The provisions of this compact and the rules promulgated
1014		-	under the compact shall have standing as statutory law.
1015		-	(c) All courts shall take judicial notice of the compact and the
1016		-	rules in any judicial or administrative proceeding in a compact
1017		-	state pertaining to the subject matter of the compact that may
1018		-	affect the powers, responsibilities, or actions of the commission.
1019		-	(d) The commission shall be entitled to receive service of process
1020		-	in any proceeding, and shall have standing to intervene in the
1021		-	proceeding for all purposes. Failure to provide service of process
1022		-	to the commission shall render a judgment or order void as to the
1023		-	commission, this compact, or promulgated rules.
1024		-	Sec. 2. (a) If the commission determines that a compact state has
1025		-	SEA 365 25
1026		-	defaulted in the performance of the compact state's obligations or
1027		-	responsibilities under this compact or the promulgated rules, the
1028		-	commission shall provide the following:
1029		-	(1) Written notice to the defaulting state and other compact
1030		-	states of the nature of the default, the proposed means of
1031		-	remedying the default, and any other action to be taken by the
1032		-	commission.
1033		-	(2) Remedial training and specific technical assistance
1034		-	concerning the default.
1035		-	(b) If a state in default fails to remedy the default, the defaulting
1036		-	state may be terminated from the compact upon an affirmative
1037		-	vote of a majority of the compact states, and all rights, privileges,
1038		-	and benefits conferred by this compact shall be terminated on the
1039		-	effective date of termination. A remedy of the default does not
1040		-	relieve the offending state of obligations or liabilities incurred
1041		-	during the period of default.
1042		-	Sec. 3. (a) Termination of membership in the compact shall be
1043		-	imposed only after all means of securing compliance have been
1044		-	exhausted. Notice of intent to suspend or terminate shall be
1045		-	submitted by the commission to the governor, the majority and
1046		-	minority leaders of the defaulting state's legislature, and each of
1047		-	the compact states.
1048		-	(b) A compact state that has been terminated is responsible for
1049		-	all assessments, obligations, and liabilities incurred through the
1050		-	effective date of the termination, including obligations that extend
1051		-	beyond the effective date of termination.
1052		-	Sec. 4. The commission shall not bear any costs incurred by the
1053		-	state that is found to be in default or that has been terminated from
1054		-	the compact unless agreed upon in writing by the commission and
1055		-	defaulting state.
1056		-	Sec. 5. The defaulting state may appeal the action of the
1057		-	commission by petitioning the United States District Court for the
1058		-	state of Georgia or the federal district where the compact has the
1059		-	compact's principal offices. The prevailing member shall be
1060		-	awarded all costs of the litigation, including reasonable attorney's
1061		-	fees.
1062		-	Sec. 6. (a) Upon request by a compact state, the commission
1063		-	shall attempt to resolve disputes that arise concerning the compact
1064		-	among compact states and between compact and noncompact
1065		-	states.
1066		-	(b) The commission shall promulgate a rule providing for both
1067		-	mediation and binding dispute resolution for disputes that arise
1068		-	SEA 365 26
1069		-	before the commission.
1070		-	Sec. 7. The commission, in the reasonable exercise of the
1071		-	commission's discretion, shall enforce the provisions and rules of
1072		-	the compact.
1073		-	Sec. 8. (a) By a majority vote, the commission may initiate legal
1074		-	action in the United States District Court for the state of Georgia
1075		-	or the federal district where the compact has the compact's
1076		-	principal offices against a compact state in default to enforce
1077		-	compliance with the provisions of the compact and the
1078		-	commission's promulgated rules and bylaws.
1079		-	(b) The relief sought may include both injunctive relief and
1080		-	damages.
1081		-	(c) If judicial enforcement is necessary, the prevailing member
1082		-	shall be awarded all costs of the litigation, including reasonable
1083		-	attorney's fees.
1084		-	Sec. 9. The remedies in this chapter shall not be the exclusive
1085		-	remedies of the commission. The commission may pursue any other
1086		-	remedies available under federal or state law.
1087		-	Chapter 13. Date of Implementation of the Compact,
1088		-	Commission, and Rules; Withdrawal and Amendments
1089		-	Sec. 1. The compact shall come into effect on the date on which
1090		-	the compact is enacted into law in the seventh compact state. The
1091		-	provisions that become effective shall be limited to the powers
1092		-	granted to the commission concerning assembly and the
1093		-	promulgation of rules. Thereafter, the commission shall meet and
1094		-	exercise rulemaking powers necessary to the implementation and
1095		-	administration of the compact.
1096		-	Sec. 2. (a) Any state that joins the compact after the
1097		-	commission's initial adoption of the rules shall be subject to the
1098		-	rules as the rules exist on the date in which the compact becomes
1099		-	law in the state.
1100		-	(b) Any rules that have been previously adopted by the
1101		-	commission shall have the full force and effect of law on the day the
1102		-	compact becomes law in the state.
1103		-	Sec. 3. (a) Any compact state may withdraw from the compact
1104		-	by enacting a statute repealing the compact.
1105		-	(b) A compact state's withdrawal shall not take effect until six
1106		-	(6) months after enactment of the repealing statute.
1107		-	(c) Withdrawal from the compact shall not affect the continuing
1108		-	requirement of the withdrawing state's psychology regulatory
1109		-	authority to comply with the investigative and adverse action
1110		-	reporting requirements of this article before the effective date of
1111		-	SEA 365 27
1112		-	withdrawal.
1113		-	Sec. 4. Nothing contained in the compact shall be construed to
1114		-	invalidate or prevent any psychology licensure agreement or other
1115		-	cooperative arrangement between a compact state and a
1116		-	noncompact state that does not conflict with the provisions of the
1117		-	compact.
1118		-	Sec. 5. The compact may be amended by the compact states. No
1119		-	amendment to this compact shall become effective and binding
1120		-	upon any compact state until the amendment is enacted into the
1121		-	law of all compact states.
1122		-	Chapter 14. Construction and Severability
1123		-	Sec. 1. This compact shall be liberally construed so as to
1124		-	effectuate the purposes of the compact. If the compact shall be held
1125		-	to be contrary to the constitution of any state member of the
1126		-	compact, the compact shall remain in full force and effect as to the
1127		-	remaining compact states.
1128		-	SECTION 3. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
1129		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
1130		-	[EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-33.5-10-12
1131		-	(Concerning acts, errors, and omissions under the psychology
1132		-	interjurisdictional compact).
1133		-	SEA 365 President of the Senate
1134		-	President Pro Tempore
1135		-	Speaker of the House of Representatives
1136		-	Governor of the State of Indiana
1137		-	Date: Time:
1138		-	SEA 365
	42	+	1 SECTION 1. IC 25-33-1-3.5 IS ADDED TO THE INDIANA CODE
	43	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	44	+	3 1, 2022]: Sec. 3.5. The board is the state psychology regulatory
	45	+	4 authority for purposes of IC 25-33.5.
	46	+	5 SECTION 2. IC 25-33.5 IS ADDED TO THE INDIANA CODE AS
	47	+	6 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
	48	+	7 2022]:
	49	+	8 ARTICLE 33.5. PSYCHOLOGY INTERJURISDICTIONAL
	50	+	9 COMPACT
	51	+	10 Chapter 1. Purpose and Applicability
	52	+	11 Sec. 1. The party states make the following findings:
	53	+	12 (1) States license psychologists in order to protect the public
	54	+	13 through verification of education, training, and experience,
	55	+	14 and to ensure accountability for professional practice.
	56	+	15 (2) The compact under this article is intended to regulate the
	57	+	16 following:
	58	+	17 (A) The day to day practice of telepsychology by
	59	+	ES 365—LS 6432/DI 144 2
	60	+	1 psychologists across state boundaries in the performance
	61	+	2 of the practice of psychology, as assigned by an
	62	+	3 appropriate authority.
	63	+	4 (B) The temporary in-person, face-to-face practice of
	64	+	5 psychology by psychologists across state boundaries for
	65	+	6 not more than thirty (30) days within a calendar year in
	66	+	7 the performance of the practice of psychology, as assigned
	67	+	8 by an appropriate authority.
	68	+	9 (3) The compact under this article is intended to authorize the
	69	+	10 state psychology regulatory authorities to afford legal
	70	+	11 recognition, in a manner consistent with the terms of the
	71	+	12 compact under this article, to psychologists licensed in
	72	+	13 another state.
	73	+	14 (4) States have a vested interest in protecting the public's
	74	+	15 health and safety through licensing and regulating
	75	+	16 psychologists and that state regulation best protects public
	76	+	17 health and safety.
	77	+	18 Sec. 2. The compact set forth in this article does not apply to the
	78	+	19 following:
	79	+	20 (1) When a psychologist is licensed in both the home and
	80	+	21 receiving state.
	81	+	22 (2) Permanent in-person, face-to-face practice.
	82	+	23 However, the compact does allow for the authorization of a
	83	+	24 temporary psychologic practice.
	84	+	25 Sec. 3. The compact set forth in this article is designed to
	85	+	26 achieve the following purposes and objectives:
	86	+	27 (1) Increase public access to professional psychological
	87	+	28 services by allowing for telepsychological practice across state
	88	+	29 lines as well as temporary in-person, face-to-face services into
	89	+	30 a state in which the psychologist is not licensed to practice
	90	+	31 psychology.
	91	+	32 (2) Enhance the states' ability to protect the health and safety
	92	+	33 of the public, especially client and patient safety.
	93	+	34 (3) Encourage the cooperation of compact states in the area of
	94	+	35 psychology licensure and regulation.
	95	+	36 (4) Facilitate the exchange of information between compact
	96	+	37 states concerning psychologist licensure, adverse actions, and
	97	+	38 disciplinary history.
	98	+	39 (5) Promote compliance with the laws governing psychological
	99	+	40 practice in each compact state.
	100	+	41 (6) Invest all compact states with the authority to hold
	101	+	42 licensed psychologists accountable through the mutual
	102	+	ES 365—LS 6432/DI 144 3
	103	+	1 recognition of compact state licenses.
	104	+	2 Chapter 2. Definitions
	105	+	3 Sec. 1. The definitions set forth in this chapter apply to this
	106	+	4 article.
	107	+	5 Sec. 2. "Adverse action" means any action taken by a state
	108	+	6 psychology regulatory authority that finds a violation of a statute
	109	+	7 or regulation that is identified by the state psychology regulatory
	110	+	8 authority as discipline and is a matter of public record.
	111	+	9 Sec. 3. "Association of State and Provincial Psychology Boards"
	112	+	10 means the recognized membership organization composed of state
	113	+	11 and provincial psychology regulatory authorities responsible for
	114	+	12 the licensure and registration of psychologists throughout the
	115	+	13 United States and Canada.
	116	+	14 Sec. 4. "Authority to practice interjurisdictional
	117	+	15 telepsychology" means the authority of a licensed psychologist to
	118	+	16 practice telepsychology, within the limits authorized under the
	119	+	17 compact set forth in this article, in another compact state.
	120	+	18 Sec. 5. "Bylaws" refers to the bylaws established by the
	121	+	19 psychology interjurisdictional compact commission under
	122	+	20 IC 25-33.5-10 for the governance of the compact or for directing
	123	+	21 and controlling actions and conduct under the compact.
	124	+	22 Sec. 6. "Client" or "patient" refers to the recipient of
	125	+	23 psychological services, whether psychological services are
	126	+	24 delivered in the context of health care, corporate, supervision, or
	127	+	25 consulting services.
	128	+	26 Sec. 7. "Commission" refers to the psychology
	129	+	27 interjurisdictional compact commission, that national
	130	+	28 administration of which all compact states are members, as
	131	+	29 established by IC 25-33.5-10.
	132	+	30 Sec. 8. "Commissioner" means the voting representative
	133	+	31 appointed by each state psychology regulatory authority under
	134	+	32 IC 25-33.5-10.
	135	+	33 Sec. 9. "Compact state" means a state, the District of Columbia,
	136	+	34 or a United States territory that has enacted the compact set forth
	137	+	35 in this article and has not withdrawn under IC 25-33.5-13 or been
	138	+	36 terminated under IC 25-33.5-12.
	139	+	37 Sec. 10. "Confidentiality" means the principle that data or
	140	+	38 information is not made available or disclosed to unauthorized
	141	+	39 persons or processes.
	142	+	40 Sec. 11. "Coordinated licensure information system" or
	143	+	41 "coordinated data base" refers to the integrated process for
	144	+	42 collecting, storing, and sharing information on psychologist
	145	+	ES 365—LS 6432/DI 144 4
	146	+	1 licensure and enforcement activities related to psychology licensure
	147	+	2 laws and that is administered by the recognized membership
	148	+	3 organization composed of state and provincial psychology
	149	+	4 regulatory authorities.
	150	+	5 Sec. 12. "Day" means any part of a day in which psychological
	151	+	6 work is performed.
	152	+	7 Sec. 13. "Distant state" means the compact state where a
	153	+	8 psychologist is physically present (not through the use of
	154	+	9 telecommunication technology) to provide temporary in-person,
	155	+	10 face-to-face psychological services.
	156	+	11 Sec. 14. "E.Passport" means a certificate issued by the
	157	+	12 Association of State and Provincial Psychology Boards that
	158	+	13 promotes the standardization in the criteria of interjurisdictional
	159	+	14 telepsychology practice and facilitates the process for licensed
	160	+	15 psychologists to provide telepsychological services across state
	161	+	16 lines.
	162	+	17 Sec. 15. "Executive board" means a group of directors elected
	163	+	18 or appointed to act on behalf of and within the powers granted to
	164	+	19 the group by the commission.
	165	+	20 Sec. 16. "Home state" means one (1) of the following:
	166	+	21 (1) The compact state where a psychologist is licensed to
	167	+	22 practice psychology.
	168	+	23 (2) If the psychologist is licensed in more than one (1) compact
	169	+	24 state as a psychologist and is practicing under the
	170	+	25 authorization to practice interjurisdictional telepsychology,
	171	+	26 the compact state where the psychologist is physically present
	172	+	27 when the telepsychological services are delivered.
	173	+	28 (3) If the psychologist is licensed in more than one (1) compact
	174	+	29 state and is practicing under the temporary authorization to
	175	+	30 practice, the compact state where the psychologist is licensed.
	176	+	31 Sec. 17. "Identity history summary" means a summary of
	177	+	32 information retained by the Federal Bureau of Investigation or
	178	+	33 other designee with similar authority in connection with arrests
	179	+	34 and, in some instances, federal employment, naturalization, or
	180	+	35 military service.
	181	+	36 Sec. 18. "In-person, face-to-face" means interactions in which
	182	+	37 the psychologist and the client or patient are in the same physical
	183	+	38 space and that does not include interactions that may occur
	184	+	39 through the use of telecommunication technology.
	185	+	40 Sec. 19. "Interjurisdictional practice certificate" refers to a
	186	+	41 certificate issued by the Association of State and Provincial
	187	+	42 Psychology Boards that grants temporary authority to practice
	188	+	ES 365—LS 6432/DI 144 5
	189	+	1 based on notification to the state psychology regulatory authority
	190	+	2 of intention to practice temporarily and the verification of the
	191	+	3 individual's qualifications to practice psychology.
	192	+	4 Sec. 20. "License" means the authorization by a state regulatory
	193	+	5 authority to engage in the independent practice of psychology that
	194	+	6 would otherwise be unlawful to practice without authorization.
	195	+	7 Sec. 21. "Noncompact state" refers to any state that is not a
	196	+	8 compact state.
	197	+	9 Sec. 22. "Psychologist" means an individual who is licensed for
	198	+	10 the independent practice of psychology.
	199	+	11 Sec. 23. "Receiving state" refers to a compact state where the
	200	+	12 client or patient is physically located when the telepsychological
	201	+	13 services are delivered.
	202	+	14 Sec. 24. "Rule" means a written statement by the psychology
	203	+	15 interjurisdictional compact commission promulgated under
	204	+	16 IC 25-33.5-11 that is of general applicability, implements,
	205	+	17 interprets, or prescribes a policy or provision of the compact, or an
	206	+	18 organizational, procedural, or practice requirement of the
	207	+	19 commission and has the force and effect of statutory law in a
	208	+	20 compact state, including the amendment, repeal, or suspension of
	209	+	21 an existing rule.
	210	+	22 Sec. 25. "Significant investigatory information" means:
	211	+	23 (1) investigatory information that the state psychology
	212	+	24 regulatory authority has reason to believe, after a preliminary
	213	+	25 inquiry that includes notification and opportunity to respond
	214	+	26 if required by state law, if proven true, would indicate more
	215	+	27 than a violation of state statute or ethics code that would be
	216	+	28 considered more substantial than a minor infraction; or
	217	+	29 (2) investigatory information that indicates that the
	218	+	30 psychologist represents an immediate threat to public health
	219	+	31 and safety regardless of whether the psychologist has been
	220	+	32 notified or had an opportunity to respond.
	221	+	33 Sec. 26. "State" refers to a state, commonwealth, territory, or
	222	+	34 possession of the United States, including the District of Columbia.
	223	+	35 Sec. 27. "State psychology regulatory authority" means a board,
	224	+	36 office, or other agency with the legislative mandate to license or
	225	+	37 regulate the practice of psychology. For purposes of investigatory
	226	+	38 activities, the term includes any other state agency lawfully
	227	+	39 responsible for conducting investigations.
	228	+	40 Sec. 28. "Telepsychology" means the provision of psychological
	229	+	41 services using telecommunication technology.
	230	+	42 Sec. 29. "Temporary authorization to practice" means the
	231	+	ES 365—LS 6432/DI 144 6
	232	+	1 authority of a licensed psychologist to conduct temporary
	233	+	2 in-person, face-to-face practice, within the limits authorized under
	234	+	3 the compact set forth in this article, in a compact state.
	235	+	4 Sec. 30. "Temporary in-person, face-to-face practice" means
	236	+	5 that a psychologist is physically present (not through the use of
	237	+	6 telecommunication technology) in the distant state to provide for
	238	+	7 the practice of psychology for not more than thirty (30) days within
	239	+	8 a calendar year and based on notification to the distant state.
	240	+	9 Chapter 3. Home State Licensure
	241	+	10 Sec. 1. The home state is a compact state where the psychologist
	242	+	11 is licensed to practice psychology.
	243	+	12 Sec. 2. (a) A psychologist may hold more than one (1) compact
	244	+	13 state license at a time.
	245	+	14 (b) If the psychologist is licensed in more than one (1) compact
	246	+	15 state, the home state is the compact state where the psychologist is
	247	+	16 physically present when the services are delivered, as authorized
	248	+	17 by the authority to practice interjurisdictional telepsychology
	249	+	18 under the terms of the compact.
	250	+	19 Sec. 3. A compact state may require a psychologist not
	251	+	20 previously licensed in the compact state to obtain and retain a
	252	+	21 license to be authorized to practice in the compact state under
	253	+	22 circumstances not authorized by the authority to practice
	254	+	23 interjurisdictional telepsychology under the terms of the compact.
	255	+	24 Sec. 4. A compact state may require a psychologist to obtain and
	256	+	25 retain a license to be authorized to practice in a compact state
	257	+	26 under circumstances not authorized by temporary authorization
	258	+	27 to practice under the terms of the compact.
	259	+	28 Sec. 5. A home state's license authorizes a psychologist to
	260	+	29 practice in a receiving state under the authority to practice
	261	+	30 interjurisdictional telepsychology only if the compact state:
	262	+	31 (1) currently requires the psychologist to hold an active
	263	+	32 E.Passport;
	264	+	33 (2) has a mechanism in place for receiving and investigating
	265	+	34 complaints about licensed individuals;
	266	+	35 (3) notifies the commission, in compliance with the compact
	267	+	36 terms, of any adverse action or significant investigatory
	268	+	37 information concerning a licensed individual;
	269	+	38 (4) requires an identity history summary of all applicants at
	270	+	39 initial licensure, including the use of the results of fingerprints
	271	+	40 or other biometric data checks compliant with the
	272	+	41 requirements of the Federal Bureau of Investigation, or other
	273	+	42 designee with similar authority, not later than ten (10) years
	274	+	ES 365—LS 6432/DI 144 7
	275	+	1 after activation of the compact; and
	276	+	2 (5) complies with the bylaws and rules of the commission.
	277	+	3 Sec. 6. A home state's license grants temporary authorization to
	278	+	4 practice to a psychologist in a distant state only if the compact
	279	+	5 state:
	280	+	6 (1) currently requires the psychologist to hold an active
	281	+	7 interjurisdictional practice certificate;
	282	+	8 (2) has a mechanism in place for receiving and investigating
	283	+	9 complaints about licensed individuals;
	284	+	10 (3) notifies the commission, in compliance with the compact
	285	+	11 terms, of any adverse action or significant investigatory
	286	+	12 information concerning a licensed individual;
	287	+	13 (4) requires an identity history summary of all applicants at
	288	+	14 initial licensure, including the use of the results of fingerprints
	289	+	15 or other biometric data checks compliant with the
	290	+	16 requirements of the Federal Bureau of Investigation, or other
	291	+	17 designee with similar authority, not later than ten (10) years
	292	+	18 after activation of the compact; and
	293	+	19 (5) complies with the bylaws and rules of the commission.
	294	+	20 Chapter 4. Compact Privilege to Practice Telepsychology
	295	+	21 Sec. 1. A compact state shall recognize the right of a
	296	+	22 psychologist, licensed in a compact state in compliance with
	297	+	23 IC 25-33.5-3, to practice telepsychology in another compact state
	298	+	24 in which the psychologist is not licensed, under the authority to
	299	+	25 practice interjurisdictional telepsychology, as provided by the
	300	+	26 compact.
	301	+	27 Sec. 2. To exercise the authority to practice interjurisdictional
	302	+	28 telepsychology under the terms and provisions of the compact, a
	303	+	29 psychologist licensed to practice in a compact state must meet the
	304	+	30 following:
	305	+	31 (1) Hold a graduate degree in psychology from an institute of
	306	+	32 higher education that was, at the time the degree was
	307	+	33 awarded:
	308	+	34 (A) either:
	309	+	35 (i) regionally accredited by an accrediting body
	310	+	36 recognized by the United States Department of
	311	+	37 Education to grant graduate degrees; or
	312	+	38 (ii) authorized by provincial statute or royal charter to
	313	+	39 grant doctoral degrees; or
	314	+	40 (B) a foreign college or university deemed to be equivalent
	315	+	41 to an institute described under clause (A) by a foreign
	316	+	42 credential evaluation service that is a member of the
	317	+	ES 365—LS 6432/DI 144 8
	318	+	1 National Association of Credential Evaluation Services
	319	+	2 (NACES) or by a recognized foreign credential evaluation
	320	+	3 service.
	321	+	4 (2) Hold a graduate degree in psychology from a program
	322	+	5 that meets the following:
	323	+	6 (A) The program, wherever it may be administratively
	324	+	7 housed, must:
	325	+	8 (i) be clearly identified and labeled as a psychology
	326	+	9 program; and
	327	+	10 (ii) specify in institutional catalogs and brochures the
	328	+	11 intent to educate and train professional psychologists.
	329	+	12 (B) Stands as a recognizable, coherent, organizational
	330	+	13 entity within the institution.
	331	+	14 (C) Has a clear authority and primary responsibility for
	332	+	15 the core and specialty areas, whether or not the program
	333	+	16 cuts across administrative lines.
	334	+	17 (D) Consists of an integrated, organized sequence of study.
	335	+	18 (E) Includes identifiable psychology faculty that are
	336	+	19 sufficient in size and breadth to carry out faculty
	337	+	20 responsibilities.
	338	+	21 (F) Employs a director of the program that is a
	339	+	22 psychologist and a member of the core faculty.
	340	+	23 (G) Has an identifiable body of students who are
	341	+	24 matriculated in the program for a degree.
	342	+	25 (H) Includes supervised practicum, internship, or field
	343	+	26 training appropriate to the practice of psychology.
	344	+	27 (I) Encompasses curriculum of a minimum of three (3)
	345	+	28 academic years of full-time graduate study for a doctoral
	346	+	29 degree and a minimum of one (1) academic year of
	347	+	30 full-time graduate study for a master's degree.
	348	+	31 (J) Includes an acceptable residency, as defined by the
	349	+	32 rules of the commission.
	350	+	33 (3) Possess a current, full, and unrestricted license to practice
	351	+	34 psychology in a home state that is a compact state.
	352	+	35 (4) Have no history of an adverse action that violates the rules
	353	+	36 of the commission.
	354	+	37 (5) Have no criminal record history reported on an identity
	355	+	38 history summary that violates the rules of the commission.
	356	+	39 (6) Possess a current, active E.Passport.
	357	+	40 (7) Provide attestations concerning the following:
	358	+	41 (A) Areas of intended practice.
	359	+	42 (B) Conformity with standards of practice.
	360	+	ES 365—LS 6432/DI 144 9
	361	+	1 (C) Competence in telepsychology technology.
	362	+	2 (D) Criminal background.
	363	+	3 (E) Knowledge and adherence to legal requirements in the
	364	+	4 home state and receiving state.
	365	+	5 (F) The provision and release of information to allow for
	366	+	6 primary source verification in a manner specified by the
	367	+	7 commission.
	368	+	8 (8) Meet other criteria, as determined by the rules of the
	369	+	9 commission.
	370	+	10 Sec. 3. The home state maintains authority over the license of a
	371	+	11 psychologist practicing in a receiving state under the authority to
	372	+	12 practice interjurisdictional telepsychology.
	373	+	13 Sec. 4. (a) A psychologist practicing in a receiving state under
	374	+	14 the authority to practice interjurisdictional telepsychology is
	375	+	15 subject to the receiving state's scope of practice.
	376	+	16 (b) A receiving state may, in accordance with the state's due
	377	+	17 process law, limit or revoke a psychologist's authority to practice
	378	+	18 interjurisdictional telepsychology in the receiving state and may
	379	+	19 take any other necessary actions under the receiving state's
	380	+	20 applicable law to protect the health and safety of the receiving
	381	+	21 state's citizens.
	382	+	22 (c) If the receiving state takes any action described in this
	383	+	23 section, the receiving state shall promptly notify the home state and
	384	+	24 the commission.
	385	+	25 Sec. 5. If a psychologist's:
	386	+	26 (1) license in any home state or another compact state; or
	387	+	27 (2) authority to practice interjurisdictional telepsychology in
	388	+	28 any receiving state;
	389	+	29 is restricted, suspended, or otherwise limited, the E.Passport shall
	390	+	30 be revoked and the psychologist shall not be eligible to practice
	391	+	31 telepsychology in a compact state under the authority to practice
	392	+	32 interjurisdictional telepsychology.
	393	+	33 Chapter 5. Compact Temporary Authorization to Practice
	394	+	34 Sec. 1. A compact state shall recognize the right of a
	395	+	35 psychologist who is licensed in a compact state, in conformance
	396	+	36 with IC 25-33.5-3, to practice temporarily in another compact state
	397	+	37 in which the psychologist is not licensed, as provided in the
	398	+	38 compact.
	399	+	39 Sec. 2. To exercise the temporary authorization to practice
	400	+	40 under the terms and provisions of the compact, a psychologist
	401	+	41 licensed to practice in a compact state must meet the following:
	402	+	42 (1) Hold a graduate degree in psychology from an institute of
	403	+	ES 365—LS 6432/DI 144 10
	404	+	1 higher education that was, at the time the degree was
	405	+	2 awarded:
	406	+	3 (A) either:
	407	+	4 (i) regionally accredited by an accrediting body
	408	+	5 recognized by the United States Department of
	409	+	6 Education to grant graduate degrees; or
	410	+	7 (ii) authorized by provincial statute or royal charter to
	411	+	8 grant doctoral degrees; or
	412	+	9 (B) a foreign college or university deemed to be equivalent
	413	+	10 to an institute described under clause (A) by a foreign
	414	+	11 credential evaluation service that is a member of the
	415	+	12 National Association of Credential Evaluation Services
	416	+	13 (NACES) or by a recognized foreign credential evaluation
	417	+	14 service.
	418	+	15 (2) Hold a graduate degree in psychology from a program
	419	+	16 that meets the following:
	420	+	17 (A) The program, wherever it may be administratively
	421	+	18 housed, must:
	422	+	19 (i) be clearly identified and labeled as a psychology
	423	+	20 program; and
	424	+	21 (ii) specify in institutional catalogs and brochures the
	425	+	22 intent to educate and train professional psychologists.
	426	+	23 (B) Stands as a recognizable, coherent, organizational
	427	+	24 entity within the institution.
	428	+	25 (C) Has a clear authority and primary responsibility for
	429	+	26 the core and specialty areas, whether or not the program
	430	+	27 cuts across administrative lines.
	431	+	28 (D) Consists of an integrated, organized sequence of study.
	432	+	29 (E) Includes identifiable psychology faculty that are
	433	+	30 sufficient in size and breadth to carry out faculty
	434	+	31 responsibilities.
	435	+	32 (F) Employs a director of the program that is a
	436	+	33 psychologist and a member of the core faculty.
	437	+	34 (G) Has an identifiable body of students who are
	438	+	35 matriculated in the program for a degree.
	439	+	36 (H) Includes supervised practicum, internship, or field
	440	+	37 training appropriate to the practice of psychology.
	441	+	38 (I) Encompasses curriculum of a minimum of three (3)
	442	+	39 academic years of full-time graduate study for a doctoral
	443	+	40 degree and a minimum of one (1) academic year of
	444	+	41 full-time graduate study for a master's degree.
	445	+	42 (J) Includes an acceptable residency, as defined by the
	446	+	ES 365—LS 6432/DI 144 11
	447	+	1 rules of the commission.
	448	+	2 (3) Possess a current, full, and unrestricted license to practice
	449	+	3 psychology in a home state that is a compact state.
	450	+	4 (4) Have no history of an adverse action that violates the rules
	451	+	5 of the commission.
	452	+	6 (5) Have no criminal record history reported on an identity
	453	+	7 history summary that violates the rules of the commission.
	454	+	8 (6) Possess a current, active interjurisdictional practice
	455	+	9 certificate.
	456	+	10 (7) Provide attestations concerning the following:
	457	+	11 (A) Areas of intended practice.
	458	+	12 (B) Work experience.
	459	+	13 (C) The provision and release of information to all for
	460	+	14 primary source verification in a manner specified by the
	461	+	15 commission.
	462	+	16 (8) Meet other criteria, as determined by the rules of the
	463	+	17 commission.
	464	+	18 Sec. 3. A psychologist practicing into a distant state under the
	465	+	19 temporary authorization to practice shall practice within the scope
	466	+	20 of practice authorized by the distant state.
	467	+	21 Sec. 4. (a) A psychologist practicing into a distant state under
	468	+	22 the temporary authorization to practice is subject to the distant
	469	+	23 state's authority and law.
	470	+	24 (b) A distant state may, in accordance with the state's due
	471	+	25 process law, limit or revoke a psychologist's temporary
	472	+	26 authorization to practice in the distant state and may take any
	473	+	27 other necessary actions under the distant state's applicable law to
	474	+	28 protect the health and safety of the distant state's citizens.
	475	+	29 (c) If the distant state takes any action under this section, the
	476	+	30 distant state shall promptly notify the home state and the
	477	+	31 commission.
	478	+	32 Sec. 5. If a psychologist's:
	479	+	33 (1) license in any home state or another compact state; or
	480	+	34 (2) temporary authorization to practice in any distant state;
	481	+	35 is restricted, suspended, or otherwise limited, the
	482	+	36 interjurisdictional practice certificate shall be revoked and the
	483	+	37 psychologist shall not be eligible to practice in a compact state
	484	+	38 under the temporary authorization to practice.
	485	+	39 Chapter 6. Conditions of Telepsychology Practice in a Receiving
	486	+	40 State
	487	+	41 Sec. 1. A psychologist may practice in a receiving state under
	488	+	42 the authority to practice interjurisdictional telepsychology only in
	489	+	ES 365—LS 6432/DI 144 12
	490	+	1 the performance of the scope of practice for psychology, as
	491	+	2 assigned by an appropriate state psychology regulatory authority,
	492	+	3 as defined in the rules of the commission, and under the following
	493	+	4 circumstances:
	494	+	5 (1) The psychologist initiates a client or patient contact in a
	495	+	6 home state via telecommunication technologies with a client
	496	+	7 or patient in a receiving state.
	497	+	8 (2) Other conditions concerning telepsychology, as determined
	498	+	9 by the rules promulgated by the commission.
	499	+	10 Chapter 7. Adverse Actions
	500	+	11 Sec. 1. A home state shall have the power to impose adverse
	501	+	12 action against a psychologist's license issued by the home state. A
	502	+	13 distant state shall have the power to take adverse action on a
	503	+	14 psychologist's temporary authorization to practice within the
	504	+	15 distant state.
	505	+	16 Sec. 2. A receiving state may take adverse action on a
	506	+	17 psychologist's authority to practice interjurisdictional
	507	+	18 telepsychology within the receiving state. A home state may take
	508	+	19 adverse action against a psychologist based on an adverse action
	509	+	20 taken by a distant state concerning temporary in-person,
	510	+	21 face-to-face practice.
	511	+	22 Sec. 3. (a) If a home state takes adverse action against a
	512	+	23 psychologist's license, the psychologist's:
	513	+	24 (1) authority to practice interjurisdictional telepsychology is
	514	+	25 terminated;
	515	+	26 (2) E.Passport is revoked;
	516	+	27 (3) temporary authorization to practice is terminated; and
	517	+	28 (4) interjurisdictional practice certificate is revoked.
	518	+	29 (b) All home state disciplinary orders that impose adverse
	519	+	30 action must be reported to the commission in accordance with the
	520	+	31 rules promulgated by the commission. A compact state shall report
	521	+	32 adverse actions in accordance with the rules of the commission.
	522	+	33 (c) In the event discipline is reported on a psychologist, the
	523	+	34 psychologist is not eligible for telepsychology or temporary
	524	+	35 in-person, face-to-face practice in accordance with the rules of the
	525	+	36 commission.
	526	+	37 (d) Other actions may be imposed on the psychologist, as
	527	+	38 determined by the rules promulgated by the commission.
	528	+	39 Sec. 4. A home state's psychology regulatory authority shall
	529	+	40 investigate and take appropriate action concerning reported
	530	+	41 inappropriate conduct engaged in by a licensee that occurred in a
	531	+	42 receiving state as it would if the conduct had occurred by a licensee
	532	+	ES 365—LS 6432/DI 144 13
	533	+	1 within the home state. The home state's law shall control in
	534	+	2 determining any adverse action against a psychologist's license.
	535	+	3 Sec. 5. A distant state's psychology regulatory authority shall
	536	+	4 investigate and take appropriate action concerning reported
	537	+	5 inappropriate conduct engaged in by a psychologist practicing
	538	+	6 under temporary authorization to practice that occurred in the
	539	+	7 distant state as the distant state would if the conduct had occurred
	540	+	8 by a licensee within the home state. The distant state's law shall
	541	+	9 control in determining any adverse action against the
	542	+	10 psychologist's temporary authorization to practice.
	543	+	11 Sec. 6. (a) Nothing in this compact shall override a compact
	544	+	12 state's decision that a psychologist's participation in an alternative
	545	+	13 program may be used instead of adverse action and the
	546	+	14 participation must remain nonpublic if required by the compact
	547	+	15 state's law.
	548	+	16 (b) Compact states must require psychologists who enter any
	549	+	17 alternative programs to not provide telepsychology services under
	550	+	18 the authority to practice interjurisdictional telepsychology or
	551	+	19 provide temporary psychological services under the temporary
	552	+	20 authorization to practice in any other compact state during the
	553	+	21 term of the alternative program.
	554	+	22 Sec. 7. No other judicial or administrative remedies shall be
	555	+	23 available to a psychologist in the event a compact state imposes an
	556	+	24 adverse action under section 3 of this chapter.
	557	+	25 Chapter 8. Additional Authorities in a Compact State's
	558	+	26 Psychology Regulatory Authority
	559	+	27 Sec. 1. In addition to any other powers granted under state law,
	560	+	28 a compact state's psychology regulatory authority shall have the
	561	+	29 authority under this compact to do the following:
	562	+	30 (1) Issue subpoenas for both hearings and investigations that
	563	+	31 require the attendance and testimony of witnesses and the
	564	+	32 production of evidence. Subpoenas issued by a compact state's
	565	+	33 psychology regulatory authority for the attendance and
	566	+	34 testimony of witnesses or the production of evidence from
	567	+	35 another compact state must be enforced in the latter state by
	568	+	36 any court of competent jurisdiction, and according to the
	569	+	37 court's practice and procedure in considering subpoenas
	570	+	38 issued by the court's proceedings. The issuing state
	571	+	39 psychology regulatory authority shall pay any witness fees,
	572	+	40 travel expenses, mileage, and other fees required by the
	573	+	41 service statutes of the state where the witness or evidence is
	574	+	42 located.
	575	+	ES 365—LS 6432/DI 144 14
	576	+	1 (2) Issue cease and desist or injunctive relief orders to revoke
	577	+	2 a psychologist's authority to practice interjurisdictional
	578	+	3 telepsychology or temporary authorization to practice.
	579	+	4 Sec. 2. (a) During the course of any investigation, a psychologist
	580	+	5 may not change the psychologist's home state licensure. A home
	581	+	6 state psychology regulatory authority is authorized to complete
	582	+	7 any pending investigations of a psychologist and to take any actions
	583	+	8 appropriate under the home state's laws.
	584	+	9 (b) The home state psychology regulatory authority shall
	585	+	10 promptly report the conclusions of the investigations to the
	586	+	11 commission.
	587	+	12 (c) Once an investigation has been completed, and pending the
	588	+	13 outcome of the investigation, the psychologist may change the
	589	+	14 psychologist's home licensure. The commission shall promptly
	590	+	15 notify the new home state of any decision, as provided in the rules
	591	+	16 of the commission.
	592	+	17 (d) All information provided to the commission or distributed
	593	+	18 by compact states concerning the psychologist shall be confidential,
	594	+	19 filed under seal, and used for investigatory or disciplinary matters.
	595	+	20 The commission may create additional rules for mandated or
	596	+	21 discretionary sharing of information by compact states.
	597	+	22 Chapter 9. Coordinated Licensure Information System
	598	+	23 Sec. 1. The commission shall provide for the development and
	599	+	24 maintenance of a coordinated licensure information system and
	600	+	25 reporting system (coordinated data base) containing licensure and
	601	+	26 disciplinary action information on all individuals to whom this
	602	+	27 compact is applicable in all compact states, as defined by the rules
	603	+	28 of the commission.
	604	+	29 Sec. 2. Notwithstanding any other provision of state law, a
	605	+	30 compact state shall submit a uniform data set to the coordinated
	606	+	31 data base on all licenses as required by the rules of the commission,
	607	+	32 including the following:
	608	+	33 (1) Identifying information.
	609	+	34 (2) Licensure data.
	610	+	35 (3) Significant investigatory information.
	611	+	36 (4) Adverse actions against a psychologist's license.
	612	+	37 (5) An indicator that a psychologist's authority to practice
	613	+	38 interjurisdictional telepsychology or temporary authorization
	614	+	39 to practice is revoked.
	615	+	40 (6) Nonconfidential information concerning alternative
	616	+	41 program participation information.
	617	+	42 (7) Any denial of application for licensure and the reason for
	618	+	ES 365—LS 6432/DI 144 15
	619	+	1 the denial.
	620	+	2 (8) Other information to facilitate the administration of the
	621	+	3 compact, as determined by the rules of the commission.
	622	+	4 Sec. 3. The coordinated data base administrator shall promptly
	623	+	5 notify all compact states of any:
	624	+	6 (1) adverse action taken against; or
	625	+	7 (2) significant investigative information on;
	626	+	8 any licensee in a compact state.
	627	+	9 Sec. 4. A compact state reporting information to the coordinated
	628	+	10 data base may designate information that may not be shared with
	629	+	11 the public without the express permission of the compact state
	630	+	12 reporting the information.
	631	+	13 Sec. 5. Any information submitted to the coordinated data base
	632	+	14 that is subsequently required to be expunged by the law of the
	633	+	15 compact state reporting the information shall be removed from the
	634	+	16 coordinated data base.
	635	+	17 Chapter 10. Establishment of the Psychology Interjurisdictional
	636	+	18 Compact Commission
	637	+	19 Sec. 1. (a) The compact states hereby create and establish a joint
	638	+	20 public agency known as the psychology interjurisdictional compact
	639	+	21 commission.
	640	+	22 (b) The commission is a body politic and an instrumentality of
	641	+	23 the compact states.
	642	+	24 (c) Venue is proper and judicial proceedings by or against the
	643	+	25 commission shall be brought solely and exclusively in a court of
	644	+	26 competent jurisdiction where the principal office of the commission
	645	+	27 is located. The commission may waive venue and jurisdictional
	646	+	28 defenses to the extent the commission adopts or consents to
	647	+	29 participate in alternative dispute resolution proceedings.
	648	+	30 (d) Nothing in this compact shall be construed to be a waiver of
	649	+	31 sovereign immunity.
	650	+	32 Sec. 2. (a) The commission shall consist of one (1) voting
	651	+	33 delegate appointed by each compact state who shall serve as the
	652	+	34 state's commissioner. The state psychology regulatory authority
	653	+	35 shall appoint the state's delegate.
	654	+	36 (b) The delegate shall be empowered to act on behalf of the
	655	+	37 compact state. The delegate shall be limited to:
	656	+	38 (1) an executive director, executive secretary, or a similar
	657	+	39 executive position;
	658	+	40 (2) a current member of the state psychology regulatory
	659	+	41 authority of a compact state; or
	660	+	42 (3) a designee empowered with the appropriate delegate
	661	+	ES 365—LS 6432/DI 144 16
	662	+	1 authority to act on behalf of the compact state.
	663	+	2 (c) Any commissioner may be removed or suspended from office
	664	+	3 as provided by the law of the state from which the commissioner is
	665	+	4 appointed. Any vacancy occurring on the commission shall be filled
	666	+	5 in accordance with the laws of the compact state in which the
	667	+	6 vacancy exists.
	668	+	7 Sec. 3. Each commissioner shall be entitled to one (1) vote
	669	+	8 concerning the promulgation of rules and the creation of bylaws,
	670	+	9 and otherwise have an opportunity to participate in the business
	671	+	10 and affairs of the commission. A commissioner shall vote in person
	672	+	11 or by any other means provided by the bylaws. The bylaws may
	673	+	12 provide for commissioners to participate in meetings by telephone
	674	+	13 or other means of communication.
	675	+	14 Sec. 4. The commission shall meet at least once during each
	676	+	15 calendar year. Additional meetings shall be held as set forth in the
	677	+	16 bylaws.
	678	+	17 Sec. 5. All meetings shall be open to the public, and public notice
	679	+	18 of the meetings shall be given in the same manner as required
	680	+	19 under the rulemaking provisions set forth in IC 25-33.5-11.
	681	+	20 Sec. 6. (a) The commission may convene in a closed, nonpublic
	682	+	21 meeting if the commission must discuss any of the following:
	683	+	22 (1) Noncompliance of a compact state with the compact state's
	684	+	23 obligations under the compact.
	685	+	24 (2) The employment, compensation, discipline, other
	686	+	25 personnel matters, practices or procedures concerning
	687	+	26 specific employees, or other matters related to the
	688	+	27 commission's internal personnel practices and procedures.
	689	+	28 (3) Current, threatened, or reasonably anticipated litigation
	690	+	29 against the commission.
	691	+	30 (4) Negotiation of contracts for the purchase or sale of goods,
	692	+	31 services, or real estate.
	693	+	32 (5) Accusations against any person of a crime or formal
	694	+	33 censure of a person.
	695	+	34 (6) Disclosure of trade secrets, commercial, or financial
	696	+	35 information that is privileged or confidential.
	697	+	36 (7) Disclosure of information of a personal nature where
	698	+	37 disclosure would constitute a clearly unwarranted invasion of
	699	+	38 personal privacy.
	700	+	39 (8) Disclosure of investigatory records compiled for law
	701	+	40 enforcement purposes.
	702	+	41 (9) Disclosure of information concerning any investigatory
	703	+	42 reports prepared by or on behalf of or for use of the
	704	+	ES 365—LS 6432/DI 144 17
	705	+	1 commission or other committee charged with responsibility
	706	+	2 for investigation or determination of compliance issues under
	707	+	3 the compact.
	708	+	4 (10) Matters specifically exempted from disclosure by federal
	709	+	5 or state statute.
	710	+	6 (b) If a meeting, or portion of a meeting, is closed under
	711	+	7 subsection (a), the commission's legal counsel or designee shall
	712	+	8 certify that the meeting may be closed and shall reference each
	713	+	9 relevant exempting provision.
	714	+	10 Sec. 7. (a) The commission shall keep minutes which fully and
	715	+	11 clearly describe all matters discussed in a meeting, and the reasons
	716	+	12 therefore, including a description of the views expressed.
	717	+	13 (b) All documents considered in connection with an action shall
	718	+	14 be identified in the minutes.
	719	+	15 (c) All minutes and documents of a closed meeting shall remain
	720	+	16 under seal, subject to release only by a majority vote of the
	721	+	17 commission or order of a court of competent jurisdiction.
	722	+	18 Sec. 8. (a) The commission shall, by a majority vote of the
	723	+	19 commissioners, prescribe bylaws or rules to govern the
	724	+	20 commission's conduct as may be necessary or appropriate to carry
	725	+	21 out the purposes and exercise the powers of the compact, including
	726	+	22 the following:
	727	+	23 (1) Establishing the fiscal year of the commission.
	728	+	24 (2) Providing reasonable standards and procedures:
	729	+	25 (A) for the establishment and meetings of other
	730	+	26 committees; and
	731	+	27 (B) for the governing of any general or specific delegation
	732	+	28 of any authority or function of the commission.
	733	+	29 (3) Providing reasonable procedures for calling and
	734	+	30 conducting meetings of the commission, ensuring reasonable
	735	+	31 advance notice of all meetings and providing an opportunity
	736	+	32 for attendance of the meetings by interested parties, with
	737	+	33 enumerated exceptions designed to protect the public's
	738	+	34 interest, the privacy of individuals of any proceeding, and
	739	+	35 proprietary information, including trade secrets.
	740	+	36 (4) Establishing the titles, duties, and authority and
	741	+	37 reasonable procedures for the election of the officers of the
	742	+	38 commission.
	743	+	39 (5) Providing reasonable standards and procedures for the
	744	+	40 establishment of the personnel policies and programs of the
	745	+	41 commission. Notwithstanding any other state law, the bylaws
	746	+	42 shall exclusively govern the personnel policies and programs
	747	+	ES 365—LS 6432/DI 144 18
	748	+	1 of the commission.
	749	+	2 (6) Promulgating a code of ethics to address permissible and
	750	+	3 prohibited activities of commission members and employees.
	751	+	4 (7) Providing a mechanism for concluding the operations of
	752	+	5 the commission and the equitable disposition of any surplus
	753	+	6 funds that may exist after the termination of the compact
	754	+	7 after the payment or reserving of all of the commission's debts
	755	+	8 and obligations.
	756	+	9 (b) The commission may meet in closed session only after a
	757	+	10 majority of the commissioners vote to close a meeting to the public
	758	+	11 in whole or in part. As soon as practicable, the commission must
	759	+	12 make public a copy of the vote to close the meeting revealing the
	760	+	13 vote of each commissioner with no proxy votes allowed.
	761	+	14 (c) The commission shall publish the bylaws in a convenient
	762	+	15 form and file a copy of the bylaws and any amendments to the
	763	+	16 bylaws with the appropriate agency or officer in each compact
	764	+	17 state.
	765	+	18 (d) The commission shall maintain the commission's financial
	766	+	19 records in accordance with the bylaws.
	767	+	20 (e) The commission shall meet and take any action that is
	768	+	21 consistent with the provisions of the compact and the bylaws.
	769	+	22 Sec. 9. The commission shall have the following powers:
	770	+	23 (1) Promulgate uniform rules to facilitate and coordinate
	771	+	24 implementation and administration of the compact. The rules
	772	+	25 shall have the force and effect of laws and shall be binding in
	773	+	26 all compact states.
	774	+	27 (2) Bring and prosecute legal proceedings or actions in the
	775	+	28 name of the commission, provided that the standing of any
	776	+	29 state psychology regulatory authority or other regulatory
	777	+	30 body responsible for psychology licensure to sue or be sued
	778	+	31 under applicable law shall not be affected.
	779	+	32 (3) Purchase and maintain insurance and bonds.
	780	+	33 (4) Borrow, accept, or contract for services of personnel,
	781	+	34 including employees of a compact state.
	782	+	35 (5) Hire employees, elect or appoint officers, fix
	783	+	36 compensation, define duties, grant appropriate authority to
	784	+	37 individuals to carry out the purposes of the compact, and
	785	+	38 establish the commission's personnel policies and programs
	786	+	39 concerning conflicts of interest, qualifications of personnel,
	787	+	40 and other related personnel matters.
	788	+	41 (6) Accept, receive, utilize, and dispose of any and all
	789	+	42 appropriate donations and grants of money, equipment,
	790	+	ES 365—LS 6432/DI 144 19
	791	+	1 supplies, materials, and services.
	792	+	2 (7) Lease, purchase, accept appropriate gifts or donations, or
	793	+	3 otherwise own, hold, improve, or use, any:
	794	+	4 (A) real;
	795	+	5 (B) personal; or
	796	+	6 (C) mixed;
	797	+	7 property, provided that at all times the commission shall
	798	+	8 strive to avoid any appearance of impropriety.
	799	+	9 (8) Sell, convey, mortgage, pledge, lease, exchange, abandon,
	800	+	10 or otherwise dispose of any:
	801	+	11 (A) real;
	802	+	12 (B) personal; or
	803	+	13 (C) mixed;
	804	+	14 property.
	805	+	15 (9) Establish a budget and make expenditures.
	806	+	16 (10) Borrow money.
	807	+	17 (11) Appoint committees, including advisory committees,
	808	+	18 comprised of members, state regulators, state legislators or a
	809	+	19 state legislator's designee, consumer representatives, and any
	810	+	20 other interested persons as may be designated in the compact
	811	+	21 and the bylaws.
	812	+	22 (12) Provide and receive information from, and cooperate
	813	+	23 with, law enforcement agencies.
	814	+	24 (13) Adopt and use an official seal.
	815	+	25 (14) Perform other functions that may be necessary or
	816	+	26 appropriate to achieve the purposes of the compact and that
	817	+	27 are consistent with the state regulation of psychology
	818	+	28 licensure, temporary in-person, face-to-face practice, and the
	819	+	29 practice of telepsychology.
	820	+	30 Sec. 10. (a) The elected officers of the commission shall serve as
	821	+	31 the executive board and have the power to act on behalf of the
	822	+	32 commission in accordance with the compact.
	823	+	33 (b) The executive board shall be comprised of the following six
	824	+	34 (6) members:
	825	+	35 (1) Five (5) voting members who are elected from the current
	826	+	36 membership of the commission by the commission.
	827	+	37 (2) One (1) ex officio, nonvoting member from the recognized
	828	+	38 membership organization composed of state and provincial
	829	+	39 psychology regulatory authorities.
	830	+	40 (c) The ex officio member must have served as staff or a
	831	+	41 member of a state psychology regulatory authority and will be
	832	+	42 selected by the respective organization.
	833	+	ES 365—LS 6432/DI 144 20
	834	+	1 (d) The commission may remove any member of the executive
	835	+	2 board as provided in the bylaws of the compact.
	836	+	3 (e) The executive board shall meet at least once annually.
	837	+	4 (f) The executive board shall have the following duties and
	838	+	5 responsibilities:
	839	+	6 (1) Make recommendations to the entire commission for any:
	840	+	7 (A) changes to the rules or bylaws;
	841	+	8 (B) changes to compact legislation; and
	842	+	9 (C) fees to be paid by compact states, including annual
	843	+	10 dues and other applicable fees.
	844	+	11 (2) Ensure compact administration services are appropriately
	845	+	12 provided, whether by contract or otherwise.
	846	+	13 (3) Prepare and recommend the budget.
	847	+	14 (4) Maintain financial records on behalf of the commission.
	848	+	15 (5) Monitor compact compliance of member states and
	849	+	16 provide compliance reports to the commission.
	850	+	17 (6) Establish additional committees, as necessary.
	851	+	18 (7) Perform any other duties provided in the rules or bylaws.
	852	+	19 Sec. 11. (a) The commission shall pay, or provide for the
	853	+	20 payment of, the reasonable expenses of the commission's
	854	+	21 establishment, organization, and any ongoing activities.
	855	+	22 (b) The commission may accept any appropriate revenue
	856	+	23 sources, donations, and grants of money, equipment, supplies,
	857	+	24 materials, and services.
	858	+	25 (c) The commission may:
	859	+	26 (1) levy on, and collect an annual assessment from, each
	860	+	27 compact state; or
	861	+	28 (2) impose fees on other parties;
	862	+	29 to cover the cost of the operations and activities of the commission
	863	+	30 and the commission's staff in an amount that is sufficient to cover
	864	+	31 the commission's annual budget as approved each year for revenue
	865	+	32 that is not provided by other sources. The aggregate annual
	866	+	33 assessment amount shall be allocated based upon a formula
	867	+	34 determined by the commission and promulgated through a rule
	868	+	35 binding all the compact states.
	869	+	36 (d) The commission shall not incur any obligations of any kind
	870	+	37 before securing adequate funds to meet the obligation. The
	871	+	38 commission may not pledge the credit of any of the compact states
	872	+	39 except by and with the authority of the compact state.
	873	+	40 (e) The commission shall keep accurate accounts of all receipts
	874	+	41 and disbursements. The commission's receipts and disbursements
	875	+	42 shall be subject to the audit and accounting procedures established
	876	+	ES 365—LS 6432/DI 144 21
	877	+	1 under the commission's bylaws. However, all receipts and
	878	+	2 disbursements of funds handled by the commission shall be audited
	879	+	3 yearly by a certified or licensed public accountant and the report
	880	+	4 of the audit shall be included in, and become part of, the
	881	+	5 commission's annual report.
	882	+	6 Sec. 12. (a) The:
	883	+	7 (1) members;
	884	+	8 (2) officers;
	885	+	9 (3) executive director;
	886	+	10 (4) employees; and
	887	+	11 (5) representatives;
	888	+	12 of the commission shall be immune from each suit and liability,
	889	+	13 either personally or in the individual's official capacity, for any
	890	+	14 claim for damage to or loss of property, personal injury, or other
	891	+	15 civil liability caused by or arising out of an actual or alleged act,
	892	+	16 error, or omission that occurred, or that the person against whom
	893	+	17 the claim is made had a reasonable basis for believing occurred
	894	+	18 within the scope of commission employment, duties, or
	895	+	19 responsibilities as long as nothing may be construed to protect any
	896	+	20 individual from a suit or liability for any damage, loss, injury, or
	897	+	21 liability caused by the intentional or willful or wanton misconduct
	898	+	22 of the individual.
	899	+	23 (b) The commission shall defend any member, officer, executive
	900	+	24 director, employee, or representative of the commission in any civil
	901	+	25 action seeking to impose liability arising out of any actual or
	902	+	26 alleged act, error, or omission that occurred within the scope of
	903	+	27 commission employment, duties, or responsibilities, or that the
	904	+	28 individual against whom the claim is made had a reasonable basis
	905	+	29 for believing occurred within the scope of the commission
	906	+	30 employment, duties, or responsibilities, provided that:
	907	+	31 (1) nothing shall be construed to prohibit the individual from
	908	+	32 retaining the individual's own counsel; and
	909	+	33 (2) the actual or alleged act, error, or omission did not result
	910	+	34 from the individual's intentional or willful or wanton
	911	+	35 misconduct.
	912	+	36 (c) The commission shall indemnify and hold harmless any
	913	+	37 member, officer, executive director, employee, or representative of
	914	+	38 the commission for the amount of any settlement or judgment
	915	+	39 obtained against the individual arising out of any actual or alleged
	916	+	40 act, error, or omission that occurred within the scope of
	917	+	41 commission employment, duties, or responsibilities, or that the
	918	+	42 individual had reasonable basis for believing occurred within the
	919	+	ES 365—LS 6432/DI 144 22
	920	+	1 scope of commission employment, duties, or responsibilities,
	921	+	2 provided that the actual or alleged act, error, or omission did not
	922	+	3 result from intentional or willful or wanton misconduct by the
	923	+	4 individual.
	924	+	5 Chapter 11. Rulemaking
	925	+	6 Sec. 1. The commission shall exercise the commission's
	926	+	7 rulemaking powers pursuant to the criteria set forth in this chapter
	927	+	8 and the rules adopted under this chapter. Rules and amendments
	928	+	9 shall become binding as of the date specified in each rule or
	929	+	10 amendment.
	930	+	11 Sec. 2. If a majority of the legislatures of the compact states
	931	+	12 reject a rule, by enactment of a statute or resolution in the same
	932	+	13 manner that was used to adopt the compact, then the rule shall
	933	+	14 have no further force and effect in any compact state.
	934	+	15 Sec. 3. Rules, or amendments to the rules, shall be adopted at a
	935	+	16 regular or special meeting of the commission.
	936	+	17 Sec. 4. (a) Before promulgation and adoption of a final rule by
	937	+	18 the commission, and at least sixty (60) days in advance of the
	938	+	19 meeting at which the rule will be considered and voted upon, the
	939	+	20 commission shall file a notice of proposed rulemaking as follows:
	940	+	21 (1) On the commission's Internet web site.
	941	+	22 (2) On:
	942	+	23 (A) the Internet web site of each compact state's
	943	+	24 psychology regulatory authority; or
	944	+	25 (B) the publication in which each state would otherwise
	945	+	26 publish proposed rules.
	946	+	27 (b) The notice of proposed rulemaking shall include the
	947	+	28 following:
	948	+	29 (1) The proposed time, date, and location of the meeting in
	949	+	30 which the rule will be considered and voted upon.
	950	+	31 (2) The text of the proposed rule or amendment and the
	951	+	32 reason for the proposed rule.
	952	+	33 (3) A request for comments on the proposed rule from any
	953	+	34 interested person.
	954	+	35 (4) The manner in which an interested person may submit
	955	+	36 notice to the commission of the person's intention to attend
	956	+	37 the public hearing and any written comments.
	957	+	38 Sec. 5. Before the adoption of a proposed rule, the commission
	958	+	39 shall allow a person to submit written data, facts, opinions, and
	959	+	40 arguments to the commission and the submission shall be made
	960	+	41 available to the public.
	961	+	42 Sec. 6. (a) The commission shall grant an opportunity for a
	962	+	ES 365—LS 6432/DI 144 23
	963	+	1 public hearing before the commission adopts a rule or amendment
	964	+	2 if a hearing is requested by:
	965	+	3 (1) at least twenty-five (25) persons who submit comments
	966	+	4 independently of each other;
	967	+	5 (2) a governmental subdivision or agency; or
	968	+	6 (3) a duly appointed person in an association that has at least
	969	+	7 twenty-five (25) members.
	970	+	8 (b) If a hearing is held on the proposed rule or amendment, the
	971	+	9 commission shall publish the location, time, and date of the
	972	+	10 scheduled public hearing.
	973	+	11 (c) Any person wishing to be heard at the hearing shall notify
	974	+	12 the executive director of the commission or other designated
	975	+	13 member in writing of the person's desire to appear and testify at
	976	+	14 the hearing not less than five (5) business days before the scheduled
	977	+	15 date of the hearing.
	978	+	16 (d) The hearing shall be conducted in a manner that provides
	979	+	17 each person who wishes to comment a fair and reasonable
	980	+	18 opportunity to comment orally or in writing.
	981	+	19 (e) No transcript of the hearing is required, unless a written
	982	+	20 request for the transcription is made. If a written request for a
	983	+	21 transcript is made, the person requesting the transcript shall bear
	984	+	22 the cost of producing the transcript. A recording may be made in
	985	+	23 lieu of a transcript under the same terms and conditions as a
	986	+	24 transcript. This subsection shall not preclude the commission from
	987	+	25 making a transcript or recording of the hearing if the commission
	988	+	26 chooses to do so.
	989	+	27 (f) Nothing in this section shall be construed as requiring a
	990	+	28 separate hearing on each rule. Rules may be grouped for the
	991	+	29 convenience of the commission at hearings required by this section.
	992	+	30 (g) Following the scheduled hearing date, or by the close of
	993	+	31 business on the scheduled hearing date if the hearing was not held,
	994	+	32 the commission shall consider all written and oral comments
	995	+	33 received.
	996	+	34 (h) The commission shall, by a majority vote of all members,
	997	+	35 take final action on the proposed rule and shall determine the
	998	+	36 effective date of the rule, if any, based on the rulemaking record
	999	+	37 and the full text of the rule.
	1000	+	38 (i) If no written notice of intent to attend the public hearing by
	1001	+	39 interested parties is received, the commission may proceed with
	1002	+	40 promulgation of the proposed rule without a public hearing.
	1003	+	41 Sec. 7. (a) Upon determination that an emergency exists, the
	1004	+	42 commission may consider and adopt an emergency rule without:
	1005	+	ES 365—LS 6432/DI 144 24
	1006	+	1 (1) prior notice;
	1007	+	2 (2) opportunity for comment; or
	1008	+	3 (3) hearing;
	1009	+	4 provided that the usual rulemaking procedures provided in the
	1010	+	5 compact and in this chapter shall be retroactively applied to the
	1011	+	6 rule as soon as reasonably possible, and not later than ninety (90)
	1012	+	7 days after the effective date of the rule.
	1013	+	8 (b) For the purposes of this section, an emergency rule is a rule
	1014	+	9 that must be adopted immediately in order to:
	1015	+	10 (1) meet an imminent threat to public health, safety, or
	1016	+	11 welfare;
	1017	+	12 (2) prevent a loss of commission or compact state funds;
	1018	+	13 (3) meet a deadline for the promulgation of an administrative
	1019	+	14 rule that is established by federal law or rule; or
	1020	+	15 (4) protect public health and safety.
	1021	+	16 Sec. 8. (a) The commission, or an authorized committee of the
	1022	+	17 commission, may direct revisions to a previously adopted rule or
	1023	+	18 amendment for purposes of correcting typographical errors, errors
	1024	+	19 in format, errors in consistency, or grammatical errors. Public
	1025	+	20 notice of any revisions shall be posted on the commission's Internet
	1026	+	21 web site. The revision must be subject to challenge by any person
	1027	+	22 for a period of thirty (30) days after posting.
	1028	+	23 (b) The revision may be challenged only on grounds that the
	1029	+	24 revision results in a material change to a rule. A challenge must be
	1030	+	25 made in writing and delivered to the chair of the commission
	1031	+	26 before the end of the notice period.
	1032	+	27 (c) If no challenge is made, the revision will take effect without
	1033	+	28 further action. If the revision is challenged, the revision may not
	1034	+	29 take effect without the approval of the commission.
	1035	+	30 Chapter 12. Oversight, Dispute Resolution, and Enforcement
	1036	+	31 Sec. 1. (a) The executive, legislative, and judicial branches of
	1037	+	32 state government in each compact state shall enforce the compact
	1038	+	33 and take all actions necessary and appropriate to effectuate the
	1039	+	34 compact's purposes and intent.
	1040	+	35 (b) The provisions of this compact and the rules promulgated
	1041	+	36 under the compact shall have standing as statutory law.
	1042	+	37 (c) All courts shall take judicial notice of the compact and the
	1043	+	38 rules in any judicial or administrative proceeding in a compact
	1044	+	39 state pertaining to the subject matter of the compact that may
	1045	+	40 affect the powers, responsibilities, or actions of the commission.
	1046	+	41 (d) The commission shall be entitled to receive service of process
	1047	+	42 in any proceeding, and shall have standing to intervene in the
	1048	+	ES 365—LS 6432/DI 144 25
	1049	+	1 proceeding for all purposes. Failure to provide service of process
	1050	+	2 to the commission shall render a judgment or order void as to the
	1051	+	3 commission, this compact, or promulgated rules.
	1052	+	4 Sec. 2. (a) If the commission determines that a compact state has
	1053	+	5 defaulted in the performance of the compact state's obligations or
	1054	+	6 responsibilities under this compact or the promulgated rules, the
	1055	+	7 commission shall provide the following:
	1056	+	8 (1) Written notice to the defaulting state and other compact
	1057	+	9 states of the nature of the default, the proposed means of
	1058	+	10 remedying the default, and any other action to be taken by the
	1059	+	11 commission.
	1060	+	12 (2) Remedial training and specific technical assistance
	1061	+	13 concerning the default.
	1062	+	14 (b) If a state in default fails to remedy the default, the defaulting
	1063	+	15 state may be terminated from the compact upon an affirmative
	1064	+	16 vote of a majority of the compact states, and all rights, privileges,
	1065	+	17 and benefits conferred by this compact shall be terminated on the
	1066	+	18 effective date of termination. A remedy of the default does not
	1067	+	19 relieve the offending state of obligations or liabilities incurred
	1068	+	20 during the period of default.
	1069	+	21 Sec. 3. (a) Termination of membership in the compact shall be
	1070	+	22 imposed only after all means of securing compliance have been
	1071	+	23 exhausted. Notice of intent to suspend or terminate shall be
	1072	+	24 submitted by the commission to the governor, the majority and
	1073	+	25 minority leaders of the defaulting state's legislature, and each of
	1074	+	26 the compact states.
	1075	+	27 (b) A compact state that has been terminated is responsible for
	1076	+	28 all assessments, obligations, and liabilities incurred through the
	1077	+	29 effective date of the termination, including obligations that extend
	1078	+	30 beyond the effective date of termination.
	1079	+	31 Sec. 4. The commission shall not bear any costs incurred by the
	1080	+	32 state that is found to be in default or that has been terminated from
	1081	+	33 the compact unless agreed upon in writing by the commission and
	1082	+	34 defaulting state.
	1083	+	35 Sec. 5. The defaulting state may appeal the action of the
	1084	+	36 commission by petitioning the United States District Court for the
	1085	+	37 state of Georgia or the federal district where the compact has the
	1086	+	38 compact's principal offices. The prevailing member shall be
	1087	+	39 awarded all costs of the litigation, including reasonable attorney's
	1088	+	40 fees.
	1089	+	41 Sec. 6. (a) Upon request by a compact state, the commission
	1090	+	42 shall attempt to resolve disputes that arise concerning the compact
	1091	+	ES 365—LS 6432/DI 144 26
	1092	+	1 among compact states and between compact and noncompact
	1093	+	2 states.
	1094	+	3 (b) The commission shall promulgate a rule providing for both
	1095	+	4 mediation and binding dispute resolution for disputes that arise
	1096	+	5 before the commission.
	1097	+	6 Sec. 7. The commission, in the reasonable exercise of the
	1098	+	7 commission's discretion, shall enforce the provisions and rules of
	1099	+	8 the compact.
	1100	+	9 Sec. 8. (a) By a majority vote, the commission may initiate legal
	1101	+	10 action in the United States District Court for the state of Georgia
	1102	+	11 or the federal district where the compact has the compact's
	1103	+	12 principal offices against a compact state in default to enforce
	1104	+	13 compliance with the provisions of the compact and the
	1105	+	14 commission's promulgated rules and bylaws.
	1106	+	15 (b) The relief sought may include both injunctive relief and
	1107	+	16 damages.
	1108	+	17 (c) If judicial enforcement is necessary, the prevailing member
	1109	+	18 shall be awarded all costs of the litigation, including reasonable
	1110	+	19 attorney's fees.
	1111	+	20 Sec. 9. The remedies in this chapter shall not be the exclusive
	1112	+	21 remedies of the commission. The commission may pursue any other
	1113	+	22 remedies available under federal or state law.
	1114	+	23 Chapter 13. Date of Implementation of the Compact,
	1115	+	24 Commission, and Rules; Withdrawal and Amendments
	1116	+	25 Sec. 1. The compact shall come into effect on the date on which
	1117	+	26 the compact is enacted into law in the seventh compact state. The
	1118	+	27 provisions that become effective shall be limited to the powers
	1119	+	28 granted to the commission concerning assembly and the
	1120	+	29 promulgation of rules. Thereafter, the commission shall meet and
	1121	+	30 exercise rulemaking powers necessary to the implementation and
	1122	+	31 administration of the compact.
	1123	+	32 Sec. 2. (a) Any state that joins the compact after the
	1124	+	33 commission's initial adoption of the rules shall be subject to the
	1125	+	34 rules as the rules exist on the date in which the compact becomes
	1126	+	35 law in the state.
	1127	+	36 (b) Any rules that have been previously adopted by the
	1128	+	37 commission shall have the full force and effect of law on the day the
	1129	+	38 compact becomes law in the state.
	1130	+	39 Sec. 3. (a) Any compact state may withdraw from the compact
	1131	+	40 by enacting a statute repealing the compact.
	1132	+	41 (b) A compact state's withdrawal shall not take effect until six
	1133	+	42 (6) months after enactment of the repealing statute.
	1134	+	ES 365—LS 6432/DI 144 27
	1135	+	1 (c) Withdrawal from the compact shall not affect the continuing
	1136	+	2 requirement of the withdrawing state's psychology regulatory
	1137	+	3 authority to comply with the investigative and adverse action
	1138	+	4 reporting requirements of this article before the effective date of
	1139	+	5 withdrawal.
	1140	+	6 Sec. 4. Nothing contained in the compact shall be construed to
	1141	+	7 invalidate or prevent any psychology licensure agreement or other
	1142	+	8 cooperative arrangement between a compact state and a
	1143	+	9 noncompact state that does not conflict with the provisions of the
	1144	+	10 compact.
	1145	+	11 Sec. 5. The compact may be amended by the compact states. No
	1146	+	12 amendment to this compact shall become effective and binding
	1147	+	13 upon any compact state until the amendment is enacted into the
	1148	+	14 law of all compact states.
	1149	+	15 Chapter 14. Construction and Severability
	1150	+	16 Sec. 1. This compact shall be liberally construed so as to
	1151	+	17 effectuate the purposes of the compact. If the compact shall be held
	1152	+	18 to be contrary to the constitution of any state member of the
	1153	+	19 compact, the compact shall remain in full force and effect as to the
	1154	+	20 remaining compact states.
	1155	+	21 SECTION 3. IC 34-30-2-101.7 IS ADDED TO THE INDIANA
	1156	+	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
	1157	+	23 [EFFECTIVE JULY 1, 2022]: Sec. 101.7. IC 25-33.5-10-12
	1158	+	24 (Concerning acts, errors, and omissions under the psychology
	1159	+	25 interjurisdictional compact).
	1160	+	ES 365—LS 6432/DI 144 28
	1161	+	COMMITTEE REPORT
	1162	+	Madam President: The Senate Committee on Health and Provider
	1163	+	Services, to which was referred Senate Bill No. 365, has had the same
	1164	+	under consideration and begs leave to report the same back to the
	1165	+	Senate with the recommendation that said bill DO PASS.
	1166	+	(Reference is to SB 365 as introduced.)
	1167	+
	1168	+	CHARBONNEAU, Chairperson
	1169	+	Committee Vote: Yeas 12, Nays 0
	1170	+	_____
	1171	+	COMMITTEE REPORT
	1172	+	Mr. Speaker: Your Committee on Public Health, to which was
	1173	+	referred Senate Bill 365, has had the same under consideration and
	1174	+	begs leave to report the same back to the House with the
	1175	+	recommendation that said bill do pass.
	1176	+	(Reference is to SB 365 as printed January 21, 2022.)
	1177	+	BARRETT
	1178	+	Committee Vote: Yeas 12, Nays 0
	1179	+	ES 365—LS 6432/DI 144