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