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2 | 2 | | HOUSE DOCKET, NO. 530 FILED ON: 1/9/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2528 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Lindsay N. Sabadosa |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing the psychology interjurisdictional compact. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/9/2025 1 of 39 |
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16 | 16 | | HOUSE DOCKET, NO. 530 FILED ON: 1/9/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2528 |
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18 | 18 | | By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2528) |
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19 | 19 | | of Lindsay N. Sabadosa for legislation to establish a psychology interjurisdictional compact. |
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20 | 20 | | Public Health. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act establishing the psychology interjurisdictional compact. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1: The General Laws are hereby amended by inserting after chapter 112A the |
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30 | 30 | | 2following chapter:- |
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31 | 31 | | 3 CHAPTER 112B Psychology Interjurisdictional Compact Act |
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32 | 32 | | 4 Section 1. This act shall be known and may be cited as the Psychology Interjurisdictional |
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33 | 33 | | 5Compact Act. |
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34 | 34 | | 6 Section 2. The Governor of the Commonwealth of Massachusetts, on behalf of this State, |
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35 | 35 | | 7is hereby authorized to execute a compact in substantially the following form with any one or |
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36 | 36 | | 8more of the states of the United States and the General Assembly hereby signifies in advance its |
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37 | 37 | | 9approval and ratification of the compact. 2 of 39 |
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38 | 38 | | 10 Section 3. Whereas, states license psychologists, in order to protect the public through |
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39 | 39 | | 11verification of education, training and experience and ensure accountability for professional |
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40 | 40 | | 12practice; and |
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41 | 41 | | 13 Whereas, this compact is intended to regulate the day-to-day practice of telepsychology |
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42 | 42 | | 14by psychologists across state boundaries in the performance of their psychological practice as |
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43 | 43 | | 15assigned by an appropriate authority; and |
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44 | 44 | | 16 Whereas, this compact is intended to regulate the temporary in-person, face-to-face |
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45 | 45 | | 17practice of psychology by psychologists across state boundaries for 30 days within a calendar |
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46 | 46 | | 18year in the performance of their psychological practice as assigned by an appropriate authority; |
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47 | 47 | | 19 Whereas, this compact is intended to authorize state psychology regulatory authorities to |
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48 | 48 | | 20afford legal recognition, in a manner consistent with the terms of the compact, to psychologists |
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49 | 49 | | 21licensed in another state; |
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50 | 50 | | 22 Whereas, this compact recognizes that states have a vested interest in protecting the |
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51 | 51 | | 23public's health and safety through their licensing and regulation of psychologists and that such |
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52 | 52 | | 24state regulation will best protect public health and safety; |
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53 | 53 | | 25 Whereas, this compact does not apply when a psychologist is licensed in both the home |
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54 | 54 | | 26state and receiving states; and |
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55 | 55 | | 27 Whereas, this compact does not apply to permanent in-person, face-to-face practice, it |
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56 | 56 | | 28does allow for authorization of temporary psychological practice. |
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57 | 57 | | 29 Consistent with these principles, this compact is designed to achieve the following |
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58 | 58 | | 30purposes and objectives: 3 of 39 |
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59 | 59 | | 31 (a) Increase public access to professional psychological services by allowing for |
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60 | 60 | | 32telepsychological practice across state lines as well as temporary in-person, face-to-face services |
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61 | 61 | | 33into a state which the psychologist is not licensed to practice psychology; |
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62 | 62 | | 34 (b) Enhance the states' ability to protect the public's health and safety, especially |
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63 | 63 | | 35client/patient safety; |
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64 | 64 | | 36 (c) Encourage the cooperation of compact states in the areas of psychology licensure and |
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65 | 65 | | 37regulation; |
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66 | 66 | | 38 (d) Facilitate the exchange of information between compact states regarding psychologist |
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67 | 67 | | 39licensure, adverse actions and disciplinary history; |
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68 | 68 | | 40 (e) Promote compliance with the laws governing psychological practice in each compact |
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69 | 69 | | 41state; and |
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70 | 70 | | 42 (f) Invest all compact states with the authority to hold licensed psychologists accountable |
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71 | 71 | | 43through the mutual recognition of compact state licenses. |
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72 | 72 | | 44 Section 4. |
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73 | 73 | | 45 “Adverse action”, any action taken by a state psychology regulatory authority which |
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74 | 74 | | 46finds a violation of a statute or regulation that is identified by the state psychology regulatory |
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75 | 75 | | 47authority as discipline and is a matter of public record. |
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76 | 76 | | 48 “Association of state and provincial psychology boards” or “ASPPB”, the recognized |
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77 | 77 | | 49membership organization composed of state and provincial psychology regulatory authorities |
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78 | 78 | | 50responsible for the licensure and registration of psychologists throughout the United States and |
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79 | 79 | | 51Canada. 4 of 39 |
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80 | 80 | | 52 “Authority to practice interjurisdictional telepsychology”, a licensed psychologist’s |
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81 | 81 | | 53authority to practice telepsychology, within the limits authorized under this compact, in another |
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82 | 82 | | 54compact state. |
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83 | 83 | | 55 “Bylaws”, the bylaws established by the psychology interjurisdictional compact |
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84 | 84 | | 56commission pursuant to section 12 for its governance, or for directing and controlling its actions |
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85 | 85 | | 57and conduct. |
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86 | 86 | | 58 “Client/patient”, the recipient of psychological services, whether psychological services |
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87 | 87 | | 59are delivered in the context of healthcare, corporate, supervision, or consulting services. |
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88 | 88 | | 60 “Commissioner”, the voting representative appointed by each state psychology regulatory |
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89 | 89 | | 61authority pursuant to section 12. |
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90 | 90 | | 62 “Compact state”, a state that has enacted this compact legislation and which has not |
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91 | 91 | | 63withdrawn pursuant to subsection (c) of section 15 or been terminated pursuant to subsection (b) |
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92 | 92 | | 64of section 14. |
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93 | 93 | | 65 “Coordinated licensure information system” or “coordinated database”, an integrated |
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94 | 94 | | 66process for collecting, storing, and sharing information on psychologists' licensure and |
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95 | 95 | | 67enforcement activities related to psychology licensure laws, which is administered by the |
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96 | 96 | | 68recognized membership organization composed of state and provincial psychology regulatory |
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97 | 97 | | 69authorities. |
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98 | 98 | | 70 “Confidentiality”, the principle that data or information is not made available or disclosed |
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99 | 99 | | 71to unauthorized persons or processes. |
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100 | 100 | | 72 “Day”, any part of a day in which psychological work is performed. 5 of 39 |
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101 | 101 | | 73 “Distant state”, the compact state where a psychologist is physically present (not through |
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102 | 102 | | 74the use of telecommunications technologies), to provide temporary in-person, face-to-face |
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103 | 103 | | 75psychological services. |
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104 | 104 | | 76 “E.Passport”, a certificate issued by the Association of State and Provincial Psychology |
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105 | 105 | | 77Boards that promotes the standardization in the criteria of interjurisdictional telepsychology |
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106 | 106 | | 78practice and facilitates the process for licensed psychologists to provide telepsychological |
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107 | 107 | | 79services across state lines. |
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108 | 108 | | 80 “Executive board”, a group of directors elected or appointed to act on behalf of, and |
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109 | 109 | | 81within the powers granted to them by, the commission. |
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110 | 110 | | 82 “Home state”, a compact state where a psychologist is licensed to practice psychology. If |
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111 | 111 | | 83the psychologist is licensed in more than one compact state and is practicing under the |
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112 | 112 | | 84Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state |
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113 | 113 | | 85where the psychologist is physically present when the telepsychological services are delivered. If |
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114 | 114 | | 86the psychologist is licensed in more than one compact state and is practicing under the temporary |
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115 | 115 | | 87authorization to practice, the home state is any compact state where the psychologist is licensed. |
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116 | 116 | | 88 “Identity history summary”, a summary of information retained by the Federal Bureau of |
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117 | 117 | | 89Investigation, or other designee with similar authority, in connection with arrests and, in some |
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118 | 118 | | 90instances, federal employment, naturalization, or military service. |
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119 | 119 | | 91 “In-person, face-to-face”, interactions in which the psychologist and the client/patient are |
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120 | 120 | | 92in the same physical space and which does not include interactions that may occur through the |
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121 | 121 | | 93use of telecommunication technologies. 6 of 39 |
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122 | 122 | | 94 “Interjurisdictional practice certificate” or “IPC”, a certificate issued by the Association |
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123 | 123 | | 95of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice |
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124 | 124 | | 96based on notification to the State Psychology Regulatory Authority of intention to practice |
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125 | 125 | | 97temporarily, and verification of one's qualifications for such practice. |
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126 | 126 | | 98 “License”, authorization by a state psychology regulatory authority to engage in the |
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127 | 127 | | 99independent practice of psychology, which would be unlawful without the authorization. |
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128 | 128 | | 100 “Non-compact state”, any state which is not at the time a compact state. |
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129 | 129 | | 101 “Psychologist”, an individual licensed for the independent practice of psychology. |
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130 | 130 | | 102 “Psychology interjurisdictional compact” or “PSYPACT”, an agreement among member |
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131 | 131 | | 103states, established and governed by the PSYPACT commission, to facilitate the practice of |
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132 | 132 | | 104telepsychology and the temporary in-person, face-to-face practice of psychology across state |
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133 | 133 | | 105boundaries. |
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134 | 134 | | 106 “Psychology interjurisdictional compact commission” or “commission”, the national |
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135 | 135 | | 107administration of which all compact states are members. |
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136 | 136 | | 108 “Receiving state”, a compact state where the client/patient is physically located when the |
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137 | 137 | | 109telepsychological services are delivered. |
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138 | 138 | | 110 “Rule”, a written statement by the Psychology Interjurisdictional Compact Commission |
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139 | 139 | | 111promulgated pursuant to section 13 of the compact that is of general applicability, implements, |
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140 | 140 | | 112interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or |
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141 | 141 | | 113practice requirement of the commission and has the force and effect of statutory law in a |
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142 | 142 | | 114compact state, and includes the amendment, repeal or suspension of an existing rule. 7 of 39 |
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143 | 143 | | 115 “Significant investigatory information”, investigative information that a state psychology |
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144 | 144 | | 116regulatory authority, after a preliminary inquiry that includes notification and an opportunity to |
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145 | 145 | | 117respond if required by state law, has reason to believe, if proven true, would indicate more than a |
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146 | 146 | | 118violation of state statute or ethics code that would be considered more substantial than minor |
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147 | 147 | | 119infraction; or investigative information that indicates that the psychologist represents an |
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148 | 148 | | 120immediate threat to public health and safety regardless of whether the psychologist has been |
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149 | 149 | | 121notified or had an opportunity to respond. |
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150 | 150 | | 122 “State”, a state, commonwealth, territory, or possession of the United States, and the |
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151 | 151 | | 123District of Columbia. |
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152 | 152 | | 124 “State psychology regulatory authority”, the board, office or other agency with the |
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153 | 153 | | 125legislative mandate to license and regulate the practice of psychology. |
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154 | 154 | | 126 “Telepsychology”, the provision of psychological services using telecommunication |
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155 | 155 | | 127technologies. |
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156 | 156 | | 128 “Temporary authorization to practice”, a licensed psychologist's authority to conduct |
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157 | 157 | | 129temporary in- person, face-to-face practice, within the limits authorized under this compact, in |
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158 | 158 | | 130another compact state. |
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159 | 159 | | 131 “Temporary in-person, face-to-face practice”, where a psychologist is physically present |
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160 | 160 | | 132(not through the use of telecommunications technologies), in the distant state to provide for the |
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161 | 161 | | 133practice of psychology for 30 days within a calendar year and based on notification to the distant |
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162 | 162 | | 134state. |
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163 | 163 | | 135 Section 5. 8 of 39 |
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164 | 164 | | 136 (a) The home state shall be a compact state where a psychologist is licensed to practice |
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165 | 165 | | 137psychology. |
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166 | 166 | | 138 (b) A psychologist may hold one or more compact state licenses at a time. If the |
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167 | 167 | | 139psychologist is licensed in more than one compact state, the home state is the compact state |
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168 | 168 | | 140where the psychologist is physically present when the services are delivered as authorized by the |
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169 | 169 | | 141authority to practice interjurisdictional telepsychology under the terms of this Compact. |
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170 | 170 | | 142 (c) Any compact state may require a psychologist not previously licensed in a compact |
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171 | 171 | | 143state to obtain and retain a license to be authorized to practice in the compact state under |
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172 | 172 | | 144circumstances not authorized by the authority to practice interjurisdictional telepsychology under |
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173 | 173 | | 145the terms of this Compact. |
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174 | 174 | | 146 (d) Any compact state may require a psychologist to obtain and retain a license to be |
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175 | 175 | | 147authorized to practice in a compact state under circumstances not authorized a temporary |
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176 | 176 | | 148authorization to practice under the terms of this compact. |
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177 | 177 | | 149 (e) A home state 's license authorizes a psychologist to practice in a receiving state under |
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178 | 178 | | 150the authority to practice interjurisdictional telepsychology only if the compact state: |
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179 | 179 | | 151 (1) Currently requires the psychologist to hold an active E.Passport; |
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180 | 180 | | 152 (2) Has a mechanism in place for receiving and investigating complaints about licensed |
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181 | 181 | | 153individuals; |
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182 | 182 | | 154 (3) Notifies the commission, in compliance with the terms herein, of any adverse action |
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183 | 183 | | 155or significant investigatory information regarding a licensed individual; 9 of 39 |
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184 | 184 | | 156 (4) Requires an identity history summary of all applicants at initial licensure, including |
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185 | 185 | | 157the use of the results of fingerprints or other biometric data checks compliant with the |
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186 | 186 | | 158requirements of the Federal Bureau of Investigation, or other designee with similar authority, no |
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187 | 187 | | 159later than 10 years after activation of the compact; and |
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188 | 188 | | 160 (5) Complies with the bylaws and rules of the commission. |
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189 | 189 | | 161 (f) A home state’s license grants temporary authorization to practice to a psychologist in |
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190 | 190 | | 162a distant state only if the compact state: |
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191 | 191 | | 163 (1) Currently requires the psychologist to hold an active IPC; |
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192 | 192 | | 164 (2) Has a mechanism in place for receiving and investigating complaints about licensed |
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193 | 193 | | 165individuals; |
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194 | 194 | | 166 (3) Notifies the commission, in compliance with the terms herein, of any adverse action |
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195 | 195 | | 167or significant investigatory information regarding a licensed individual; |
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196 | 196 | | 168 (4) Requires an identity history summary of all applicants at initial licensure, including |
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197 | 197 | | 169the use of the results of fingerprints or other biometric data checks compliant with the |
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198 | 198 | | 170requirements of the Federal Bureau of Investigation, or other designee with similar authority, no |
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199 | 199 | | 171later than 10 years after activation of the compact; and |
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200 | 200 | | 172 (5) Complies with the bylaws and rules of the commission. |
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201 | 201 | | 173 Section 6. |
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202 | 202 | | 174 (a) Compact states shall recognize the right of a psychologist, licensed in a compact state |
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203 | 203 | | 175in conformance with section 5, to practice telepsychology in other compact states (receiving 10 of 39 |
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204 | 204 | | 176states) in which the psychologist is not licensed, under the authority to practice interjurisdictional |
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205 | 205 | | 177telepsychology as provided in the compact. |
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206 | 206 | | 178 (b) To exercise the authority to practice interjurisdictional telepsychology under the terms |
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207 | 207 | | 179and provisions of this compact, a psychologist licensed to practice in a compact state must: |
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208 | 208 | | 180 (1) Hold a graduate degree in psychology from an institute of higher education that was, |
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209 | 209 | | 181at the time the degree was awarded: (i) regionally accredited by an accrediting body recognized |
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210 | 210 | | 182by the United States Department of Education to grant graduate degrees, or authorized by |
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211 | 211 | | 183Provincial Statute or Royal Charter to grant doctoral degrees; or (ii) a foreign college or |
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212 | 212 | | 184university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is |
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213 | 213 | | 185a member of the National Association of Credential Evaluation Services (NACES) or by a |
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214 | 214 | | 186recognized foreign credential evaluation service; and |
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215 | 215 | | 187 (2) Hold a graduate degree in psychology that meets the following criteria: |
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216 | 216 | | 188 (i) The program, wherever it may be administratively housed, must be clearly identified |
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217 | 217 | | 189and labeled as a psychology program. Such a program must specify in pertinent institutional |
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218 | 218 | | 190catalogues and brochures its intent to educate and train professional psychologists; |
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219 | 219 | | 191 (ii) The psychology program must stand as a recognizable, coherent, organizational entity |
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220 | 220 | | 192within the institution; |
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221 | 221 | | 193 (iii) There must be a clear authority and primary responsibility for the core and specialty |
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222 | 222 | | 194areas whether or not the program cuts across administrative lines; |
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223 | 223 | | 195 (iv) The program must consist of an integrated, organized sequence of study; 11 of 39 |
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224 | 224 | | 196 (v) There must be an identifiable psychology faculty sufficient in size and breadth to |
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225 | 225 | | 197carry out its responsibilities; |
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226 | 226 | | 198 (vi) The designated director of the program must be a psychologist and a member of the |
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227 | 227 | | 199core faculty; |
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228 | 228 | | 200 (vii) The program must have an identifiable body of students who are matriculated in that |
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229 | 229 | | 201program for a degree; |
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230 | 230 | | 202 (viii) The program must include supervised practicum, internship, or field training |
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231 | 231 | | 203appropriate to the practice of psychology; |
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232 | 232 | | 204 (ix) The curriculum shall encompass a minimum of three academic years of full-time |
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233 | 233 | | 205graduate study for doctoral degree and a minimum of one academic year of full-time graduate |
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234 | 234 | | 206study for master's degree; |
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235 | 235 | | 207 (x) The program includes an acceptable residency as defined by the Rules of the |
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236 | 236 | | 208Commission. |
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237 | 237 | | 209 (3) Possess a current, full and unrestricted license to practice psychology in a home state |
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238 | 238 | | 210which is a compact state; |
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239 | 239 | | 211 (4) Have no history of adverse action that violate the Rules of the Commission; |
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240 | 240 | | 212 (5) Have no criminal record history reported on an Identity History Summary that |
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241 | 241 | | 213violates the Rules of the Commission; |
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242 | 242 | | 214 (6) Possess a current, active E.Passport; 12 of 39 |
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243 | 243 | | 215 (7) Provide attestations in regard to areas of intended practice, conformity with standards |
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244 | 244 | | 216of practice, competence in telepsychology technology; criminal background; and knowledge and |
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245 | 245 | | 217adherence to legal requirements in the home and receiving states, and provide a release of |
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246 | 246 | | 218information to allow for primary source verification in a manner specified by the Commission; |
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247 | 247 | | 219and |
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248 | 248 | | 220 (8) Meet other criteria as defined by the rules of the commission. |
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249 | 249 | | 221 (c) The home state maintains authority over the license of any psychologist practicing |
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250 | 250 | | 222into a receiving state under the authority to practice interjurisdictional telepsychology. |
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251 | 251 | | 223 (d) A psychologist practicing into a receiving state under the authority to practice |
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252 | 252 | | 224interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A |
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253 | 253 | | 225receiving state may, in accordance with that state's due process law, limit or revoke a |
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254 | 254 | | 226psychologist's authority to practice interjurisdictional telepsychology in the receiving state and |
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255 | 255 | | 227may take any other necessary actions under the receiving state’s applicable law to protect the |
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256 | 256 | | 228health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall |
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257 | 257 | | 229promptly notify the home state and the Commission. |
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258 | 258 | | 230 (e) If a psychologist's license in any home state, another compact state, or any authority |
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259 | 259 | | 231to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or |
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260 | 260 | | 232otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be |
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261 | 261 | | 233eligible to practice telepsychology in a compact state under authority to practice |
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262 | 262 | | 234interjurisdictional telepsychology. |
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263 | 263 | | 235 Section 7. 13 of 39 |
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264 | 264 | | 236 (a) Compact states shall also recognize the right of a psychologist, licensed in a compact |
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265 | 265 | | 237state in conformance with section 5, to practice temporarily in other compact states (distant |
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266 | 266 | | 238states) in which the psychologist is not licensed, as provided in the compact. |
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267 | 267 | | 239 (b) To exercise the temporary authorization to practice under the terms and provisions of |
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268 | 268 | | 240this compact, a psychologist licensed to practice in a compact state must: |
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269 | 269 | | 241 (1) Hold a graduate degree in psychology from an institute of higher education that was, |
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270 | 270 | | 242at the time the degree was awarded: |
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271 | 271 | | 243 (i) Regionally accredited by an accrediting body recognized by the United States |
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272 | 272 | | 244Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal |
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273 | 273 | | 245Charter to grant doctoral degrees; or |
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274 | 274 | | 246 (ii) A foreign college or university deemed to be equivalent to 1(a) above by a foreign |
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275 | 275 | | 247credential evaluation service that is a member of the National Association of Credential |
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276 | 276 | | 248Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and |
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277 | 277 | | 249 (2) Hold a graduate degree in psychology that meets the following criteria: |
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278 | 278 | | 250 (i) The program, wherever it may be administratively housed, must be clearly identified |
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279 | 279 | | 251and labeled as a psychology program. Such a program must specify in pertinent institutional |
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280 | 280 | | 252catalogs and brochures its intent to educate and train professional psychologists; |
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281 | 281 | | 253 (ii) The psychology program must stand as a recognizable, coherent, organizational entity |
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282 | 282 | | 254within the institution; |
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283 | 283 | | 255 (iii) There must be a clear authority and primary responsibility for the core and specialty |
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284 | 284 | | 256areas whether or not the program cuts across administrative lines; 14 of 39 |
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285 | 285 | | 257 (iv) The program must consist of an integrated, organized sequence of study; |
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286 | 286 | | 258 (v) There must be an identifiable psychology faculty sufficient in size and breadth to |
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287 | 287 | | 259carry out its responsibilities; |
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288 | 288 | | 260 (vi) The designated director of the program must be a psychologist and a member of the |
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289 | 289 | | 261core faculty; |
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290 | 290 | | 262 (vii) The program must have an identifiable body of students who are matriculated in that |
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291 | 291 | | 263program for a degree; |
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292 | 292 | | 264 (viii) The program must include supervised practicum, internship, or field training |
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293 | 293 | | 265appropriate to the practice of psychology; |
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294 | 294 | | 266 (ix) The curriculum shall encompass a minimum of three academic years of full-time |
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295 | 295 | | 267graduate study for doctoral degrees and a minimum of one academic year of full-time graduate |
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296 | 296 | | 268study for master's degree; |
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297 | 297 | | 269 (x) The program includes an acceptable residency as defined by the Rules of the |
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298 | 298 | | 270Commission. |
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299 | 299 | | 271 (3) Possess a current, full and unrestricted license to practice psychology in a home state |
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300 | 300 | | 272which is a compact state; |
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301 | 301 | | 273 (4) No history of adverse action that violate the Rules of the Commission; (5) No |
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302 | 302 | | 274criminal record history that violates the Rules of the Commission; (6) Possess a current, active |
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303 | 303 | | 275IPC; 15 of 39 |
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304 | 304 | | 276 (7) Provide attestations in regard to areas of intended practice and work experience and |
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305 | 305 | | 277provide a release of information to allow for primary source verification in a manner specified by |
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306 | 306 | | 278the Commission; and |
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307 | 307 | | 279 (8) Meet other criteria as defined by the Rules of the Commission. |
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308 | 308 | | 280 (c) A psychologist practicing into a distant state under the temporary authorization to |
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309 | 309 | | 281practice shall practice within the scope of practice authorized by the distant state. |
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310 | 310 | | 282 (d) A psychologist practicing into a distant state under the temporary authorization to |
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311 | 311 | | 283practice will be subject to the distant state’s authority and law. A distant state may, in accordance |
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312 | 312 | | 284with that state's due process law, limit or revoke a psychologist’s temporary authorization to |
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313 | 313 | | 285practice in the distant state and may take any other necessary actions under the distant state’s |
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314 | 314 | | 286applicable law to protect the health and safety of the distant state’s citizens. If a distant state |
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315 | 315 | | 287takes action, the state shall promptly notify the home state and the commission. |
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316 | 316 | | 288 (e) If a psychologist's license in any home state, another compact state, or any temporary |
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317 | 317 | | 289authorization to practice in any distant state, is restricted, suspended or otherwise limited, the |
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318 | 318 | | 290IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact |
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319 | 319 | | 291state under the temporary authorization to practice. |
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320 | 320 | | 292 Section 8. |
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321 | 321 | | 293 A psychologist may practice in a receiving state under authority to practice |
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322 | 322 | | 294interjurisdictional telepsychology only in the performance of the scope of practice for |
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323 | 323 | | 295psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in |
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324 | 324 | | 296the Rules of the Commission, and under the following circumstances: (1) the psychologist 16 of 39 |
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325 | 325 | | 297initiates a client/patient contact in a home state via telecommunications technologies with a |
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326 | 326 | | 298client/patient in a receiving state; and (2) other conditions regarding telepsychology as |
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327 | 327 | | 299determined by rules promulgated by the commission. |
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328 | 328 | | 300 Section 9. |
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329 | 329 | | 301 (a) A home state shall have the power to impose adverse action against a psychologist's |
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330 | 330 | | 302license issued by the home state. A distant state shall have the power to take adverse action on a |
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331 | 331 | | 303psychologist’s temporary authorization to practice within that distant state. |
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332 | 332 | | 304 (b) A receiving state may take adverse action on a psychologist's authority to practice |
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333 | 333 | | 305interjurisdictional telepsychology within that receiving state. A home state may take adverse |
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334 | 334 | | 306action against a psychologist based on an adverse action taken by a distant state regarding |
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335 | 335 | | 307temporary in-person, face-to-face practice. |
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336 | 336 | | 308 (c) If a home state takes adverse action against a psychologist’s license, that |
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337 | 337 | | 309psychologist’s authority to practice interjurisdictional telepsychology is terminated and the |
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338 | 338 | | 310E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is |
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339 | 339 | | 311terminated and the IPC is revoked. |
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340 | 340 | | 312 (1) All home state disciplinary orders which impose adverse action shall be reported to |
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341 | 341 | | 313the commission in accordance with the rules promulgated by the commission. A compact state |
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342 | 342 | | 314shall report adverse actions in accordance with the rules of the commission. |
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343 | 343 | | 315 (2) In the event discipline is reported on a psychologist, the psychologist will not be |
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344 | 344 | | 316eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the |
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345 | 345 | | 317rules of the commission. 17 of 39 |
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346 | 346 | | 318 (3) Other actions may be imposed as determined by the rules promulgated by the |
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347 | 347 | | 319commission. |
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348 | 348 | | 320 (d) A home state’s psychology regulatory authority shall investigate and take appropriate |
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349 | 349 | | 321action with respect to reported inappropriate conduct engaged in by a licensee which occurred in |
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350 | 350 | | 322a receiving state as it would if such conduct had occurred by a licensee within the home state. In |
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351 | 351 | | 323such cases, the home state’s law shall control in determining any adverse action against a |
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352 | 352 | | 324psychologist’s license. |
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353 | 353 | | 325 (e) A distant state’s psychology regulatory authority shall investigate and take |
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354 | 354 | | 326appropriate action with respect to reported inappropriate conduct engaged in by a psychologist |
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355 | 355 | | 327practicing under temporary authorization to practice which occurred in that distant state as it |
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356 | 356 | | 328would if such conduct had occurred by a licensee within the home state. In such cases, distant |
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357 | 357 | | 329state’s law shall control in determining any adverse action against a psychologist’s temporary |
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358 | 358 | | 330authorization to practice. |
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359 | 359 | | 331 (f) Nothing in this compact shall override a compact state’s decision that a psychologist’s |
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360 | 360 | | 332participation in an alternative program may be used in lieu of adverse action and that such |
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361 | 361 | | 333participation shall remain non-public if required by the compact state’s law. Compact states must |
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362 | 362 | | 334require psychologists who enter any alternative programs to not provide telepsychology services |
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363 | 363 | | 335under the authority to practice interjurisdictional telepsychology or provide temporary |
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364 | 364 | | 336psychological services under the temporary authorization to practice in any other compact state |
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365 | 365 | | 337during the term of the alternative program. |
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366 | 366 | | 338 (g) No other judicial or administrative remedies shall be available to a psychologist in the |
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367 | 367 | | 339event a compact state imposes an adverse action pursuant to subsection (c). 18 of 39 |
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368 | 368 | | 340 Section 10. |
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369 | 369 | | 341 (a) In addition to any other powers granted under state law, a compact state’s psychology |
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370 | 370 | | 342regulatory authority shall have the authority under this compact to: |
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371 | 371 | | 343 (1) Issue subpoenas, for both hearings and investigations, which require the attendance |
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372 | 372 | | 344and testimony of witnesses and the production of evidence. Subpoenas issued by a compact |
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373 | 373 | | 345state’s psychology regulatory authority for the attendance and testimony of witnesses, or the |
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374 | 374 | | 346production of evidence from another compact state shall be enforced in the latter state by any |
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375 | 375 | | 347court of competent jurisdiction, according to that court’s practice and procedure in considering |
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376 | 376 | | 348subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall |
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377 | 377 | | 349pay any witness fees, travel expenses, mileage and other fees required by the service statutes of |
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378 | 378 | | 350the state where the witnesses or evidence are located; and |
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379 | 379 | | 351 (2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority |
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380 | 380 | | 352to practice interjurisdictional telepsychology or temporary authorization to practice. |
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381 | 381 | | 353 (3) During the course of any investigation, a psychologist may not change his or her |
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382 | 382 | | 354home state licensure. A home state psychology regulatory authority is authorized to complete |
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383 | 383 | | 355any pending investigations of a psychologist and to take any actions appropriate under its law. |
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384 | 384 | | 356The home state psychology regulatory authority shall promptly report the conclusions of such |
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385 | 385 | | 357investigations to the commission. Once an investigation has been completed, and pending the |
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386 | 386 | | 358outcome of said investigation, the psychologist may change his or her home state licensure. The |
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387 | 387 | | 359commission shall promptly notify the new home state of any such decisions as provided in the |
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388 | 388 | | 360rules of the commission. All information provided to the commission or distributed by compact |
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389 | 389 | | 361states pursuant to the psychologist shall be confidential, filed under seal and used for 19 of 39 |
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390 | 390 | | 362investigatory or disciplinary matters. The commission may create additional rules for mandated |
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391 | 391 | | 363or discretionary sharing of information by compact states. |
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392 | 392 | | 364 Section 11. |
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393 | 393 | | 365 (a) The commission shall provide for the development and maintenance of a coordinated |
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394 | 394 | | 366licensure information system and reporting system containing licensure and disciplinary action |
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395 | 395 | | 367information on all psychologists individuals to whom this compact is applicable in all compact |
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396 | 396 | | 368states as defined by the rules of the commission. |
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397 | 397 | | 369 (b) Notwithstanding any other provision of state law to the contrary, a compact state shall |
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398 | 398 | | 370submit a uniform data set to the coordinated database on all licensees as required by the rules of |
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399 | 399 | | 371the commission, including: |
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400 | 400 | | 372 (1) Identifying information; |
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401 | 401 | | 373 (2) Licensure data; |
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402 | 402 | | 374 (3) Significant investigatory information; |
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403 | 403 | | 375 (4) Adverse actions against a psychologist’s license; |
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404 | 404 | | 376 (5) An indicator that a psychologist's authority to practice interjurisdictional |
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405 | 405 | | 377telepsychology or temporary authorization to practice is revoked; |
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406 | 406 | | 378 (6) Non-confidential information related to alternative program participation |
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407 | 407 | | 379information; |
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408 | 408 | | 380 (7) Any denial of application for licensure, and the reasons for such denial; and 20 of 39 |
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409 | 409 | | 381 (8) Other information which may facilitate the administration of this compact, as |
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410 | 410 | | 382determined by the rules of the commission. |
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411 | 411 | | 383 (c) The coordinated database administrator shall promptly notify all compact states of any |
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412 | 412 | | 384adverse action taken against, or significant investigative information on, any licensee in a |
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413 | 413 | | 385compact state. |
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414 | 414 | | 386 (d) Compact states reporting information to the coordinated database may designate |
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415 | 415 | | 387information that may not be shared with the public without the express permission of the |
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416 | 416 | | 388compact state reporting the information. |
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417 | 417 | | 389 (e) Any information submitted to the coordinated database that is subsequently required |
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418 | 418 | | 390to be expunged by the law of the compact state reporting the information shall be removed from |
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419 | 419 | | 391the coordinated database. |
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420 | 420 | | 392 Section 12. |
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421 | 421 | | 393 (a) The compact states hereby create and establish a joint public agency known as the |
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422 | 422 | | 394Psychology Interjurisdictional Compact Commission. |
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423 | 423 | | 395 (1) The commission is a body politic and an instrumentality of the compact states. |
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424 | 424 | | 396 (2) Venue is proper and judicial proceedings by or against the Commission shall be |
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425 | 425 | | 397brought solely and exclusively in a court of competent jurisdiction where the principal office of |
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426 | 426 | | 398the commission is located. The commission may waive venue and jurisdictional defenses to the |
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427 | 427 | | 399extent it adopts or consents to participate in alternative dispute resolution proceedings. |
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428 | 428 | | 400 (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 21 of 39 |
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429 | 429 | | 401 (b) Membership, Voting, and Meetings |
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430 | 430 | | 402 (1) The commission shall consist of one voting representative appointed by each compact |
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431 | 431 | | 403state who shall serve as that state’s commissioner. The state psychology regulatory authority |
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432 | 432 | | 404shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. |
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433 | 433 | | 405This delegate shall be limited to: (i) executive director, executive secretary or similar executive; |
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434 | 434 | | 406(ii) current member of the state psychology regulatory authority of a compact state; or (iii) |
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435 | 435 | | 407designee empowered with the appropriate delegate authority to act on behalf of the compact |
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436 | 436 | | 408state. |
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437 | 437 | | 409 (2) Any commissioner may be removed or suspended from office as provided by the law |
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438 | 438 | | 410of the state from which the commissioner is appointed. Any vacancy occurring in the |
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439 | 439 | | 411commission shall be filled in accordance with the laws of the compact state in which the vacancy |
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440 | 440 | | 412exists. |
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441 | 441 | | 413 (3) Each commissioner shall be entitled to 1 vote with regard to the promulgation of rules |
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442 | 442 | | 414and creation of bylaws and shall otherwise have an opportunity to participate in the business and |
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443 | 443 | | 415affairs of the commission. A commissioner shall vote in person or by such other means as |
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444 | 444 | | 416provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by |
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445 | 445 | | 417telephone or other means of communication. |
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446 | 446 | | 418 (4) The commission shall meet at least once during each calendar year. Additional |
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447 | 447 | | 419meetings shall be held as set forth in the bylaws. |
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448 | 448 | | 420 (5) All meetings shall be open to the public, and public notice of meetings shall be given |
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449 | 449 | | 421in the same manner as required under the rulemaking provisions in section 13. 22 of 39 |
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450 | 450 | | 422 (6) The commission may convene in a closed, non-public meeting if the commission |
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451 | 451 | | 423must discuss: |
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452 | 452 | | 424 (i) Non-compliance of a compact state with its obligations under the compact; |
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453 | 453 | | 425 (ii) The employment, compensation, discipline or other personnel matters, practices or |
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454 | 454 | | 426procedures related to specific employees or other matters related to the commission's internal |
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455 | 455 | | 427personnel practices and procedures; |
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456 | 456 | | 428 (iii) Current, threatened, or reasonably anticipated litigation against the commission; |
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457 | 457 | | 429 (iv) Negotiation of contracts for the purchase or sale of goods, services or real estate; |
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458 | 458 | | 430 (v) Accusation against any person of a crime or formally censuring any person; |
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459 | 459 | | 431 (vi) Disclosure of trade secrets or commercial or financial information which is |
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460 | 460 | | 432privileged or confidential; |
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461 | 461 | | 433 (vii) Disclosure of information of a personal nature where disclosure would constitute a |
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462 | 462 | | 434clearly unwarranted invasion of personal privacy; |
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463 | 463 | | 435 (viii) Disclosure of investigatory records compiled for law enforcement purposes; |
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464 | 464 | | 436 (ix) Disclosure of information related to any investigatory reports prepared by or on |
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465 | 465 | | 437behalf of or for use of the commission or other committee charged with responsibility for |
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466 | 466 | | 438investigation or determination of compliance issues pursuant to the compact; or |
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467 | 467 | | 439 (x) Matters specifically exempted from disclosure by federal and state statute. 23 of 39 |
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468 | 468 | | 440 (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the |
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469 | 469 | | 441commission’s legal counsel or designee shall certify that the meeting may be closed and shall |
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470 | 470 | | 442reference each relevant exempting provision. The commission shall keep minutes which fully |
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471 | 471 | | 443and clearly describe all matters discussed in a meeting and shall provide a full and accurate |
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472 | 472 | | 444summary of actions taken, of any person participating in the meeting, and the reasons therefore, |
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473 | 473 | | 445including a description of the views expressed. All documents considered in connection with an |
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474 | 474 | | 446action shall be identified in such minutes. All minutes and documents of a closed meeting shall |
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475 | 475 | | 447remain under seal, subject to release only by a majority vote of the commission or order of a |
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476 | 476 | | 448court of competent jurisdiction. |
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477 | 477 | | 449 (c) The commission shall, by a majority vote of the commissioners, prescribe bylaws and |
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478 | 478 | | 450rules to govern its conduct as may be necessary or appropriate to carry out the purposes and |
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479 | 479 | | 451exercise the powers of the compact, including but not limited to: |
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480 | 480 | | 452 (1) Establishing the fiscal year of the commission; |
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481 | 481 | | 453 (2) Providing reasonable standards and procedures (i) for the establishment and meetings |
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482 | 482 | | 454of other committees; and (ii) governing any general or specific delegation of any authority or |
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483 | 483 | | 455function of the commission; |
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484 | 484 | | 456 (3) Providing reasonable procedures for calling and conducting meetings of the |
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485 | 485 | | 457commission, ensuring reasonable advance notice of all meetings and providing an opportunity |
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486 | 486 | | 458for attendance of such meetings by interested parties, with enumerated exceptions designed to |
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487 | 487 | | 459protect the public's interest, the privacy of individuals of such proceedings, and proprietary |
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488 | 488 | | 460information, including trade secrets. The commission may meet in closed session only after a |
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489 | 489 | | 461majority of the commissioners vote to close a meeting to the public in whole or in part. As soon 24 of 39 |
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490 | 490 | | 462as practicable, the commission must make public a copy of the vote to close the meeting |
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491 | 491 | | 463revealing the vote of each commissioner with no proxy votes allowed; |
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492 | 492 | | 464 (4) Establishing the titles, duties and authority and reasonable procedures for the election |
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493 | 493 | | 465of the officers of the commission; |
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494 | 494 | | 466 (5) Providing reasonable standards and procedures for the establishment of the personnel |
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495 | 495 | | 467policies and programs of the commission. Notwithstanding any civil service or other similar law |
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496 | 496 | | 468of any compact state, the bylaws shall exclusively govern the personnel policies and programs of |
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497 | 497 | | 469the commission; |
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498 | 498 | | 470 (6) Promulgating a code of ethics to address permissible and prohibited activities of |
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499 | 499 | | 471commission members and employees; |
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500 | 500 | | 472 (7) Providing a mechanism for concluding the operations of the Commission and the |
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501 | 501 | | 473equitable disposition of any surplus funds that may exist after the termination of the compact |
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502 | 502 | | 474after the payment or reserving of all of its debts and obligations; |
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503 | 503 | | 475 (8) The commission shall publish its bylaws in a convenient form and file a copy thereof |
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504 | 504 | | 476and a copy of any amendment thereto, with the appropriate agency or officer in each of the |
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505 | 505 | | 477compact states; |
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506 | 506 | | 478 (9) The commission shall maintain its financial records in accordance with the bylaws; |
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507 | 507 | | 479and |
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508 | 508 | | 480 (10) The commission shall meet and take such actions as are consistent with the |
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509 | 509 | | 481provisions of this compact and the bylaws. |
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510 | 510 | | 482 (d) The commission shall have the following powers: 25 of 39 |
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511 | 511 | | 483 (1) The authority to promulgate uniform rules to facilitate and coordinate implementation |
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512 | 512 | | 484and administration of this compact. The rule shall have the force and effect of law and shall be |
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513 | 513 | | 485binding in all compact states; |
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514 | 514 | | 486 (2) To bring and prosecute legal proceedings or actions in the name of the Commission, |
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515 | 515 | | 487provided that the standing of any state psychology regulatory authority or other regulatory body |
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516 | 516 | | 488responsible for psychology licensure to sue or be sued under applicable law shall not be affected; |
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517 | 517 | | 489 (3) To purchase and maintain insurance and bonds; |
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518 | 518 | | 490 (4) To borrow, accept or contract for services of personnel, including, but not limited to, |
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519 | 519 | | 491employees of a compact state; |
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520 | 520 | | 492 (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant |
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521 | 521 | | 493such individuals appropriate authority to carry out the purposes of the compact, and to establish |
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522 | 522 | | 494the commission's personnel policies and programs relating to conflicts of interest, qualifications |
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523 | 523 | | 495of personnel, and other related personnel matters; |
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524 | 524 | | 496 (6) To accept any and all appropriate donations and grants of money, equipment, |
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525 | 525 | | 497supplies, materials and services, and to receive, utilize and dispose of the same; provided that at |
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526 | 526 | | 498all times the commission shall strive to avoid any appearance of impropriety or conflict of |
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527 | 527 | | 499interest; |
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528 | 528 | | 500 (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, |
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529 | 529 | | 501hold, improve or use, any property, real, personal or mixed; provided that at all times the |
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530 | 530 | | 502commission shall strive to avoid any appearance of impropriety; 26 of 39 |
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531 | 531 | | 503 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of |
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532 | 532 | | 504any property real, personal or mixed; |
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533 | 533 | | 505 (9) To establish a budget and make expenditures; |
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534 | 534 | | 506 (10) To borrow money; |
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535 | 535 | | 507 (11) To appoint committees, including advisory committees comprised of members, state |
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536 | 536 | | 508regulators, state legislators or their representatives, and consumer representatives, and such other |
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537 | 537 | | 509interested persons as may be designated in this compact and the bylaws; |
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538 | 538 | | 510 (12) To provide and receive information from, and to cooperate with, law enforcement |
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539 | 539 | | 511agencies; |
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540 | 540 | | 512 (13) To adopt and use an official seal; and |
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541 | 541 | | 513 (14) To perform such other functions as may be necessary or appropriate to achieve the |
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542 | 542 | | 514purposes of this compact consistent with the state regulation of psychology licensure, temporary |
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543 | 543 | | 515in-person, face-to-face practice and telepsychology practice. |
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544 | 544 | | 516 (e) The Executive Board |
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545 | 545 | | 517 The elected officers shall serve as the Executive board, which shall have the power to act |
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546 | 546 | | 518on behalf of the commission according to the terms of this compact. |
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547 | 547 | | 519 (1) The executive board shall be comprised of 6 members: 5 voting members who are |
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548 | 548 | | 520elected from the current membership of the commission by the commission; and 1 ex-officio, |
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549 | 549 | | 521non-voting member from the recognized membership organization composed of state and |
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550 | 550 | | 522provincial psychology regulatory authorities. 27 of 39 |
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551 | 551 | | 523 (2) The ex-officio member must have served as staff or member on a state psychology |
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552 | 552 | | 524regulatory authority and will be selected by its respective organization. |
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553 | 553 | | 525 (3) The commission may remove any member of the executive board as provided in |
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554 | 554 | | 526bylaws. |
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555 | 555 | | 527 (4) The executive board shall meet at least annually. |
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556 | 556 | | 528 (5) The executive board shall have the following duties and responsibilities: |
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557 | 557 | | 529 (i) Recommend to the entire commission changes to the rules or bylaws, changes to this |
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558 | 558 | | 530compact legislation, fees paid by compact states such as annual dues, and any other applicable |
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559 | 559 | | 531fees; |
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560 | 560 | | 532 (ii) Ensure compact administration services are appropriately provided, contractual or |
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561 | 561 | | 533otherwise; |
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562 | 562 | | 534 (iii) Prepare and recommend the budget; |
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563 | 563 | | 535 (iv) Maintain financial records on behalf of the commission; |
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564 | 564 | | 536 (v) Monitor compact compliance of member states and provide compliance reports to the |
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565 | 565 | | 537commission; |
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566 | 566 | | 538 (vi) Establish additional committees as necessary; and |
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567 | 567 | | 539 (vii) Other duties as provided in rules or bylaws. |
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568 | 568 | | 540 (f) Financing of the Commission 28 of 39 |
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569 | 569 | | 541 (1) The commission shall pay, or provide for the payment of the reasonable expenses of |
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570 | 570 | | 542its establishment, organization and ongoing activities. |
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571 | 571 | | 543 (2) The commission may accept any and all appropriate revenue sources, donations and |
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572 | 572 | | 544grants of money, equipment, supplies, materials and services. |
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573 | 573 | | 545 (3) The commission may levy on and collect an annual assessment from each compact |
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574 | 574 | | 546state or impose fees on other parties to cover the cost of the operations and activities of the |
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575 | 575 | | 547commission and its staff which must be in a total amount sufficient to cover its annual budget as |
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576 | 576 | | 548approved each year for which revenue is not provided by other sources. The aggregate annual |
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577 | 577 | | 549assessment amount shall be allocated based upon a formula to be determined by the commission |
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578 | 578 | | 550which shall promulgate a rule binding upon all compact states. |
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579 | 579 | | 551 (4) The commission shall not incur obligations of any kind prior to securing the funds |
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580 | 580 | | 552adequate to meet the same; nor shall the commission pledge the credit of any of the compact |
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581 | 581 | | 553states, except by and with the authority of the compact state. |
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582 | 582 | | 554 (5) The commission shall keep accurate accounts of all receipts and disbursements. The |
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583 | 583 | | 555receipts and disbursements of the commission shall be subject to the audit and accounting |
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584 | 584 | | 556procedures established under its bylaws. However, all receipts and disbursements of funds |
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585 | 585 | | 557handled by the commission shall be audited yearly by a certified or licensed public accountant |
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586 | 586 | | 558and the report of the audit shall be included in and become part of the annual report of the |
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587 | 587 | | 559commission. |
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588 | 588 | | 560 (g) Qualified Immunity, Defense, and Indemnification 29 of 39 |
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589 | 589 | | 561 (1) The members, officers, executive director, employees and representatives of the |
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590 | 590 | | 562commission shall be immune from suit and liability, either personally or in their official capacity, |
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591 | 591 | | 563for any claim for damage to or loss of property or personal injury or other civil liability caused |
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592 | 592 | | 564by or arising out of any actual or alleged act, error or omission that occurred, or that the person |
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593 | 593 | | 565against whom the claim is made had a reasonable basis for believing occurred within the scope |
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594 | 594 | | 566of commission employment, duties or responsibilities; provided that nothing in this paragraph |
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595 | 595 | | 567shall be construed to protect any such person from suit or liability for any damage, loss, injury or |
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596 | 596 | | 568liability caused by the intentional or willful or wanton misconduct of that person. |
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597 | 597 | | 569 (2) The commission shall defend any member, officer, executive director, employee or |
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598 | 598 | | 570representative of the commission in any civil action seeking to impose liability arising out of any |
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599 | 599 | | 571actual or alleged act, error or omission that occurred within the scope of commission |
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600 | 600 | | 572employment, duties or responsibilities, or that the person against whom the claim is made had a |
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601 | 601 | | 573reasonable basis for believing occurred within the scope of commission employment, duties or |
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602 | 602 | | 574responsibilities; provided that nothing herein shall be construed to prohibit that person from |
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603 | 603 | | 575retaining his or her own counsel; and provided further, that the actual or alleged act, error or |
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604 | 604 | | 576omission did not result from that person's intentional or willful or wanton misconduct. |
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605 | 605 | | 577 (3) The commission shall indemnify and hold harmless any member, officer, executive |
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606 | 606 | | 578director, employee or representative of the commission for the amount of any settlement or |
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607 | 607 | | 579judgment obtained against that person arising out of any actual or alleged act, error or omission |
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608 | 608 | | 580that occurred within the scope of commission employment, duties or responsibilities, or that such |
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609 | 609 | | 581person had a reasonable basis for believing occurred within the scope of commission |
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610 | 610 | | 582employment, duties or responsibilities, provided that the actual or alleged act, error or omission |
---|
611 | 611 | | 583did not result from the intentional or willful or wanton misconduct of that person. 30 of 39 |
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612 | 612 | | 584 Section 13. |
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613 | 613 | | 585 (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth |
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614 | 614 | | 586in this section and the rules adopted thereunder. Rules and amendments shall become binding as |
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615 | 615 | | 587of the date specified in each rule or amendment. |
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616 | 616 | | 588 (b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a |
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617 | 617 | | 589statute or resolution in the same manner used to adopt the compact, then such rule shall have no |
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618 | 618 | | 590further force and effect in any compact state. |
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619 | 619 | | 591 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of |
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620 | 620 | | 592the commission. |
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621 | 621 | | 593 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at |
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622 | 622 | | 594least 60 days in advance of the meeting at which the rule will be considered and voted upon, the |
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623 | 623 | | 595commission shall file a notice of proposed rulemaking: |
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624 | 624 | | 596 (1) On the website of the commission; and |
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625 | 625 | | 597 (2) On the website of each compact states’ psychology regulatory authority or the |
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626 | 626 | | 598publication in which each state would otherwise publish proposed rules. |
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627 | 627 | | 599 (e) The notice of proposed rulemaking shall include: |
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628 | 628 | | 600 (1) The proposed time, date, and location of the meeting in which the rule will be |
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629 | 629 | | 601considered and voted upon; |
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630 | 630 | | 602 (2) The text of the proposed rule or amendment and the reason for the proposed rule; |
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631 | 631 | | 603 (3) A request for comments on the proposed rule from any interested person; and 31 of 39 |
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632 | 632 | | 604 (4) The manner in which interested persons may submit notice to the commission of their |
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633 | 633 | | 605intention to attend the public hearing and any written comments. |
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634 | 634 | | 606 (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit |
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635 | 635 | | 607written data, facts, opinions and arguments, which shall be made available to the public. |
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636 | 636 | | 608 (g) The commission shall grant an opportunity for a public hearing before it adopts a rule |
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637 | 637 | | 609or amendment if a hearing is requested by: |
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638 | 638 | | 610 (1) At least 25 persons who submit comments independently of each other; (2) A |
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639 | 639 | | 611governmental subdivision or agency; or |
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640 | 640 | | 612 (3) A duly appointed person in an association that has having at least 25 members. |
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641 | 641 | | 613 (h) If a hearing is held on the proposed rule or amendment, the commission shall publish |
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642 | 642 | | 614the place, time, and date of the scheduled public hearing. |
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643 | 643 | | 615 (1) All persons wishing to be heard at the hearing shall notify the executive director of |
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644 | 644 | | 616the commission or other designated member in writing of their desire to appear and testify at the |
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645 | 645 | | 617hearing not less than 5 business days before the scheduled date of the hearing. |
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646 | 646 | | 618 (2) Hearings shall be conducted in a manner providing each person who wishes to |
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647 | 647 | | 619comment a fair and reasonable opportunity to comment orally or in writing. |
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648 | 648 | | 620 (3) No transcript of the hearing is required, unless a written request for a transcript is |
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649 | 649 | | 621made, in which case the person requesting the transcript shall bear the cost of producing the |
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650 | 650 | | 622transcript. A recording may be made in lieu of a transcript under the same terms and conditions |
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651 | 651 | | 623as a transcript. This subsection shall not preclude the commission from making a transcript or |
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652 | 652 | | 624recording of the hearing if it so chooses. 32 of 39 |
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653 | 653 | | 625 (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. |
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654 | 654 | | 626Rules may be grouped for the convenience of the commission at hearings required by this |
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655 | 655 | | 627section. |
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656 | 656 | | 628 (i) Following the scheduled hearing date, or by the close of business on the scheduled |
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657 | 657 | | 629hearing date if the hearing was not held, the commission shall consider all written and oral |
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658 | 658 | | 630comments received. |
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659 | 659 | | 631 (j) The commission shall, by majority vote of all members, take final action on the |
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660 | 660 | | 632proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking |
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661 | 661 | | 633record and the full text of the rule. |
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662 | 662 | | 634 (k) If no written notice of intent to attend the public hearing by interested parties is |
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663 | 663 | | 635received, the commission may proceed with promulgation of the proposed rule without a public |
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664 | 664 | | 636hearing. |
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665 | 665 | | 637 (l) Upon determination that an emergency exists, the commission may consider and adopt |
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666 | 666 | | 638an emergency rule without prior notice, opportunity for comment, or hearing, provided that the |
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667 | 667 | | 639usual rulemaking procedures provided in the compact and in this section shall be retroactively |
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668 | 668 | | 640applied to the rule as soon as reasonably possible, in no event later than 90 days after the |
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669 | 669 | | 641effective date of the rule. For the purposes of this provision, an emergency rule is one that must |
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670 | 670 | | 642be adopted immediately in order to: |
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671 | 671 | | 643 (1) Meet an imminent threat to public health, safety, or welfare; |
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672 | 672 | | 644 (2) Prevent a loss of commission or compact state funds; 33 of 39 |
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673 | 673 | | 645 (3) Meet a deadline for the promulgation of an administrative rule that is established by |
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674 | 674 | | 646federal law or rule; or |
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675 | 675 | | 647 (4) Protect public health and safety. |
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676 | 676 | | 648 (m) The commission or an authorized committee of the commission may direct revisions |
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677 | 677 | | 649to a previously adopted rule or amendment for purposes of correcting typographical errors, errors |
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678 | 678 | | 650in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be |
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679 | 679 | | 651posted on the website of the commission. The revision shall be subject to challenge by any |
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680 | 680 | | 652person for a period of 30 days after posting. The revision may be challenged only on grounds |
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681 | 681 | | 653that the revision results in a material change to a rule. A challenge shall be made in writing, and |
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682 | 682 | | 654delivered to the chair of the commission prior to the end of the notice period. If no challenge is |
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683 | 683 | | 655made, the revision will take effect without further action. If the revision is challenged, the |
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684 | 684 | | 656revision may not take effect without the approval of the commission. |
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685 | 685 | | 657 Section 14. |
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686 | 686 | | 658 (a) Oversight |
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687 | 687 | | 659 (1) The executive, legislative and judicial branches of state government in each compact |
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688 | 688 | | 660state shall enforce this compact and take all actions necessary and appropriate to effectuate the |
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689 | 689 | | 661compact’s purposes and intent. The provisions of this compact and the rules promulgated |
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690 | 690 | | 662hereunder shall have standing as statutory law. |
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691 | 691 | | 663 (2) All courts shall take judicial notice of the compact and the rules in any judicial or |
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692 | 692 | | 664administrative proceeding in a compact state pertaining to the subject matter of this compact |
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693 | 693 | | 665which may affect the powers, responsibilities or actions of the commission. 34 of 39 |
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694 | 694 | | 666 (3) The commission shall be entitled to receive service of process in any such proceeding, |
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695 | 695 | | 667and shall have standing to intervene in such a proceeding for all purposes. Failure to provide |
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696 | 696 | | 668service of process to the commission shall render a judgment or order void as to the commission, |
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697 | 697 | | 669this compact or promulgated rules. |
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698 | 698 | | 670 (b) Default, Technical Assistance, and Termination |
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699 | 699 | | 671 (1) If the commission determines that a compact state has defaulted in the performance of |
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700 | 700 | | 672its obligations or responsibilities under this compact or the promulgated rules, the commission |
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701 | 701 | | 673shall: |
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702 | 702 | | 674 (i) provide written notice to the defaulting state and other compact states of the nature of |
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703 | 703 | | 675the default, the proposed means of remedying the default or any other action to be taken by the |
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704 | 704 | | 676commission; and |
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705 | 705 | | 677 (ii) provide remedial training and specific technical assistance regarding the default. |
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706 | 706 | | 678 (2) If a state in default fails to remedy the default, the defaulting state may be terminated |
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707 | 707 | | 679from the compact upon an affirmative vote of a majority of the compact states, and all rights, |
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708 | 708 | | 680privileges and benefits conferred by this compact shall be terminated on the effective date of |
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709 | 709 | | 681termination. A remedy of the default does not relieve the offending state of obligations or |
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710 | 710 | | 682liabilities incurred during the period of default. |
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711 | 711 | | 683 (3) Termination of membership in the compact shall be imposed only after all other |
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712 | 712 | | 684means of securing compliance have been exhausted. Notice of intent to suspend or terminate |
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713 | 713 | | 685shall be submitted by the commission to the governor, the majority and minority leaders of the |
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714 | 714 | | 686defaulting state's legislature, and each of the compact states. 35 of 39 |
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715 | 715 | | 687 (4) A compact state which has been terminated is responsible for all assessments, |
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716 | 716 | | 688obligations and liabilities incurred through the effective date of termination, including |
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717 | 717 | | 689obligations which extend beyond the effective date of termination. |
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718 | 718 | | 690 (5) The commission shall not bear any costs incurred by the state which is found to be in |
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719 | 719 | | 691default or which has been terminated from the compact, unless agreed upon in writing between |
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720 | 720 | | 692the commission and the defaulting state. |
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721 | 721 | | 693 (6) The defaulting state may appeal the action of the commission by petitioning the |
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722 | 722 | | 694United States district court for the State of Georgia or the federal district where the compact has |
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723 | 723 | | 695its principal offices. The prevailing member shall be awarded all costs of such litigation, |
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724 | 724 | | 696including reasonable attorney's fees. |
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725 | 725 | | 697 (c) Dispute Resolution |
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726 | 726 | | 698 (1) Upon request by a compact state, the commission shall attempt to resolve disputes |
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727 | 727 | | 699related to the compact which arise among compact states and between compact and non-compact |
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728 | 728 | | 700states. |
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729 | 729 | | 701 (2) The commission shall promulgate a rule providing for both mediation and binding |
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730 | 730 | | 702dispute resolution for disputes that arise before the commission. |
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731 | 731 | | 703 (d) Enforcement |
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732 | 732 | | 704 (1) The commission, in the reasonable exercise of its discretion, shall enforce the |
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733 | 733 | | 705provisions and rules of this compact. |
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734 | 734 | | 706 (2) By majority vote, the commission may initiate legal action in the United States |
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735 | 735 | | 707district court for the State of Georgia or the federal district where the compact has its principal 36 of 39 |
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736 | 736 | | 708offices against a compact state in default to enforce compliance with the provisions of the |
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737 | 737 | | 709compact and its promulgated rules and bylaws. The relief sought may include both injunctive |
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738 | 738 | | 710relief and damages. In the event judicial enforcement is necessary, the prevailing member shall |
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739 | 739 | | 711be awarded all costs of such litigation, including reasonable attorney's fees. |
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740 | 740 | | 712 (3) The remedies herein shall not be the exclusive remedies of the commission. The |
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741 | 741 | | 713commission may pursue any other remedies available under federal or state law. |
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742 | 742 | | 714 Section 15. |
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743 | 743 | | 715 (a) The compact shall come into effect on the date on which the compact is enacted into |
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744 | 744 | | 716law in the seventh compact state. The provisions which become effective at that time shall be |
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745 | 745 | | 717limited to the powers granted to the commission relating to assembly and the promulgation of |
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746 | 746 | | 718rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the |
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747 | 747 | | 719implementation and administration of the compact. |
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748 | 748 | | 720 (b) Any state which joins the compact subsequent to the commission's initial adoption of |
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749 | 749 | | 721the rules shall be subject to the rules as they exist on the date on which the compact becomes law |
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750 | 750 | | 722in that state. Any rule which has been previously adopted by the commission shall have the full |
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751 | 751 | | 723force and effect of law on the day the compact becomes law in that state. |
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752 | 752 | | 724 (c) Any compact state may withdraw from this compact by enacting a statute repealing |
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753 | 753 | | 725the same. |
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754 | 754 | | 726 (1) A compact state's withdrawal shall not take effect until 6 months after enactment of |
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755 | 755 | | 727the repealing statute. 37 of 39 |
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756 | 756 | | 728 (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's |
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757 | 757 | | 729psychology regulatory authority to comply with the investigative and adverse action reporting |
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758 | 758 | | 730requirements of this act prior to the effective date of withdrawal. |
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759 | 759 | | 731 (d) Nothing contained in this compact shall be construed to invalidate or prevent any |
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760 | 760 | | 732psychology licensure agreement or other cooperative arrangement between a compact state and a |
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761 | 761 | | 733non-compact state which does not conflict with the provisions of this compact. |
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762 | 762 | | 734 (e) This compact may be amended by the compact states. No amendment to this compact |
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763 | 763 | | 735shall become effective and binding upon any compact state until it is enacted into the law of all |
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764 | 764 | | 736compact states. |
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765 | 765 | | 737 Section 16. |
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766 | 766 | | 738 This compact shall be liberally construed so as to effectuate the purposes thereof. If this |
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767 | 767 | | 739compact shall be held contrary to the constitution of any state member thereto, the compact shall |
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768 | 768 | | 740remain in full force and effect as to the remaining compact states. |
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769 | 769 | | 741 Section 17. |
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770 | 770 | | 742 The compact administrator who represents the commonwealth, as provided in the |
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771 | 771 | | 743compact, shall not be entitled to any additional compensation for executing his duties and |
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772 | 772 | | 744responsibilities as compact administrator but shall be entitled to reimbursement for reasonable |
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773 | 773 | | 745expenses actually incurred in connection with his duties and responsibilities as compact |
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774 | 774 | | 746administrator in the same manner as for expenses incurred in connection with other duties and |
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775 | 775 | | 747responsibilities of his office or employment. |
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776 | 776 | | 748 Section 18. 38 of 39 |
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777 | 777 | | 749 The executive director of the board of registration of psychologists, or the board |
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778 | 778 | | 750executive director’s designee, shall be the administrator of the psychology interjurisdictional |
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779 | 779 | | 751compact for the commonwealth. |
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780 | 780 | | 752 Section 19. |
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781 | 781 | | 753 The board of registration of psychologists may promulgate regulations as necessary to |
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782 | 782 | | 754implement the provisions of this chapter. |
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783 | 783 | | 755 Section 20. |
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784 | 784 | | 756 The board of registration of psychologists may recover from a psychologist the costs of |
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785 | 785 | | 757investigation and disposition of cases resulting in any adverse disciplinary action taken against a |
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786 | 786 | | 758psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization |
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787 | 787 | | 759to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health |
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788 | 788 | | 760Professions Trust Fund established pursuant to section 35X of chapter 10. |
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789 | 789 | | 761 Section 21. |
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790 | 790 | | 762 The board of registration of psychologists may take disciplinary action against a |
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791 | 791 | | 763psychologist practicing in the commonwealth under the authority to practice interjurisdictional |
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792 | 792 | | 764telepsychology or temporary authorization to practice under a license issued by a member state. |
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793 | 793 | | 765The board’s disciplinary action may be based on disciplinary action against the psychologist’s |
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794 | 794 | | 766license taken by that licensee’s home state. |
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795 | 795 | | 767 Section 22. |
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796 | 796 | | 768 In reporting information to the coordinated licensure information system under section 11 |
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797 | 797 | | 769of this chapter related to the Psychology Interjurisdictional Compact Act, the board of 39 of 39 |
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798 | 798 | | 770registration of psychologists may disclose personally identifiable information about the |
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799 | 799 | | 771psychologist, including social security number. |
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800 | 800 | | 772 Section 23. |
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801 | 801 | | 773 This psychology interjurisdictional compact shall be subject to the applicable laws and |
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802 | 802 | | 774regulations of the commonwealth, including chapters 13, 30A and 112 of the general laws. |
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