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HOUSE BILL 242
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Marian Matthews
AN ACT
RELATING TO PROFESSIONAL LICENSURE; ENACTING THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] PSYCHOLOGY INTERJURISDICTIONAL
COMPACT ENTERED INTO.--The Psychology Interjurisdictional
Compact is entered into law and entered into with all other
jurisdictions legally joining therein in a form substantially
as follows:
"ARTICLE 1
PURPOSE
Whereas, states license psychologists in order to protect
the public through verification of education, training and
experience and ensure accountability for professional practice;
and
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Whereas, this compact is intended to regulate the day-to-
day practice of telepsychology, i.e., the provision of
psychological services using telecommunication technologies, by
psychologists across state boundaries in the performance of
their psychological practice as assigned by an appropriate
authority; and
Whereas, this compact is intended to regulate the
temporary in-person, face-to-face practice of psychology by
psychologists across state boundaries for thirty days within a
calendar year in the performance of their psychological
practice as assigned by an appropriate authority; and
Whereas, this compact is intended to authorize state
psychology regulatory authorities to afford legal recognition,
in a manner consistent with the terms of the compact, to
psychologists licensed in another state; and
Whereas, this compact recognizes that states have a vested
interest in protecting the public's health and safety through
their licensing and regulation of psychologists and that such
state regulation will best protect public health and safety;
and
Whereas, this compact does not apply when a psychologist
is licensed in both the home and receiving states; and
Whereas, while this compact does not apply to permanent
in-person, face-to-face practice, it does allow for
authorization of temporary psychological practice.
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Consistent with these principles, this compact is designed
to achieve the following purposes and objectives:
(1) increasing public access to professional
psychological services by allowing for telepsychological
practice across state lines as well as temporary in-person,
face-to-face services in a state in which the psychologist is
not licensed to practice psychology;
(2) enhancing the states' ability to protect the
public's health and safety, especially client/patient safety;
(3) encouraging the cooperation of compact states
in the areas of psychology licensure and regulation;
(4) facilitating the exchange of information
between compact states regarding psychologist licensure,
adverse actions and disciplinary history;
(5) promoting compliance with the laws governing
psychological practice in each compact state; and
(6) investing all compact states with the authority
to hold licensed psychologists accountable through the mutual
recognition of compact state licenses.
ARTICLE 2
DEFINITIONS
As used in the compact:
A. "adverse action" means any action taken by a
state psychology regulatory authority that finds a violation of
a statute or regulation that is identified by the state
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psychology regulatory authority as discipline and is a matter
of public record;
B. "association of state and provincial psychology
boards" means the recognized membership organization composed
of state and provincial psychology regulatory authorities
responsible for the licensure and registration of psychologists
throughout the United States and Canada;
C. "authority to practice interjurisdictional
telepsychology" means a licensed psychologist's authority to
practice telepsychology, within the limits authorized under
this compact, in another compact state;
D. "bylaws" means those bylaws established by the
Psychology Interjurisdictional Compact commission pursuant to
Article 10 of this compact for its governance or for directing
and controlling its actions and conduct;
E. "client/patient" means the recipient of
psychological services, whether psychological services are
delivered in the context of health care, corporate, supervision
or consulting services;
F. "commissioner" means the voting representative
appointed by each state psychology regulatory authority
pursuant to Article 10 of this compact;
G. "compact state" means a state, the District of
Columbia or a United States territory that has enacted this
compact legislation and that has not withdrawn pursuant to
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Subsection C of Article 13 of this compact or been terminated
pursuant to Subsection B of Article 12 of this compact;
H. "confidentiality" means the principle that data
or information is not made available or disclosed to
unauthorized persons or processes;
I. "coordinated licensure information system", also
referred to as "coordinated database", means an integrated
process for collecting, storing and sharing information on
psychologists' licensure and enforcement activities related to
psychology licensure laws and the Psychology
Interjurisdictional Compact, which is administered by the
recognized membership organization composed of state and
provincial psychology regulatory authorities;
J. "day" means any part of a day in which
psychological work is performed;
K. "distant state" means the compact state where a
psychologist is physically present, not through the use of
telecommunications technologies, to provide temporary
in-person, face-to-face psychological services;
L. "E.Passport" means a certificate issued by the
association of state and provincial psychology boards that
promotes the standardization in the criteria of
interjurisdictional telepsychology practice and facilitates the
process for licensed psychologists to provide telepsychological
services across state lines;
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M. "executive board" means a group of directors
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission;
N. "home state" means a compact state where a
psychologist is licensed to practice psychology. If the
psychologist is licensed in more than one compact state and is
practicing under the authorization to practice
interjurisdictional telepsychology, the home state is the
compact state where the psychologist is physically present when
the telepsychological services are delivered. If the
psychologist is licensed in more than one compact state and is
practicing under a temporary authorization to practice, the
home state is any compact state where the psychologist is
licensed;
O. "identity history summary" means a summary of
information retained by the United States federal bureau of
investigation, or other designee with similar authority, in
connection with arrests and, in some instances, federal
employment, naturalization or military service;
P. "in-person, face-to-face" means interactions in
which the psychologist and the client/patient are in the same
physical space and does not include interactions that may occur
through the use of telecommunication technologies;
Q. "interjurisdictional practice certificate" means
a certificate issued by the association of state and provincial
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psychology boards that grants temporary authority to practice
based on notification to the state psychology regulatory
authority of intention to practice temporarily and verification
of one's qualifications for such practice;
R. "license" means authorization by a state
psychology regulatory authority to engage in the independent
practice of psychology, which would be unlawful without the
authorization;
S. "non-compact state" means any state that is not
at the time a compact state;
T. "psychologist" means an individual licensed for
the independent practice of psychology;
U. "Psychology Interjurisdictional Compact
commission", also referred to as "commission", means the
national administration of which all compact states are
members;
V. "receiving state" means a compact state where
the client/patient is physically located when the
telepsychological services are delivered;
W. "rule" means a written statement by the
Psychology Interjurisdictional Compact commission promulgated
pursuant to Article 11 of this compact that is of general
applicability, implements, interprets or prescribes a policy or
provision of the compact, or an organizational, procedural or
practice requirement of the commission, and has the force and
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effect of statutory law in a compact state and includes the
amendment, repeal or suspension of an existing rule;
X. "significant investigatory information" means:
(1) investigative information that a state
psychology regulatory authority, after a preliminary inquiry
that includes notification and an opportunity to respond if
required by state law, has reason to believe, if proven true,
would indicate more than a violation of state statute or ethics
code that would be considered more substantial than a minor
infraction; or
(2) investigative information that indicates
that the psychologist represents an immediate threat to public
health and safety regardless of whether the psychologist has
been notified or has had an opportunity to respond;
Y. "state" means a state, commonwealth, territory
or possession of the United States or the District of Columbia;
Z. "state psychology regulatory authority" means
the board, office or other agency with the legislative mandate
to license and regulate the practice of psychology;
AA. "telepsychology" means the provision of
psychological services using telecommunication technologies;
BB. "temporary authorization to practice" means a
licensed psychologist's authority to conduct temporary in-
person, face-to-face practice, within the limits authorized
under this compact, in another compact state; and
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CC. "temporary in-person, face-to-face practice"
means where a psychologist is physically present, not through
the use of telecommunications technologies, in a distant state
to provide for the practice of psychology for thirty days
within a calendar year and based on notification to the distant
state.
ARTICLE 3
HOME STATE LICENSURE
A. The home state shall be a compact state where a
psychologist is licensed to practice psychology.
B. A psychologist may hold one or more compact
state licenses at a time. If the psychologist is licensed in
more than one compact state, the home state is the compact
state where the psychologist is physically present when the
services are delivered as authorized by the authority to
practice interjurisdictional telepsychology under the terms of
the Psychology Interjurisdictional Compact.
C. Any compact state may require a psychologist not
previously licensed in a compact state to obtain and retain a
license to be authorized to practice in the compact state under
circumstances not authorized by the authority to practice
interjurisdictional telepsychology under the terms of this
compact.
D. Any compact state may require a psychologist to
obtain and retain a license to be authorized to practice in a
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compact state under circumstances not authorized by temporary
authorization to practice under the terms of this compact.
E. A home state's license authorizes a psychologist
to practice in a receiving state under the authority to
practice interjurisdictional telepsychology only if the compact
state:
(1) currently requires the psychologist to
hold an active E.Passport;
(2) has a mechanism in place for receiving and
investigating complaints about licensed individuals;
(3) notifies the commission, in compliance
with the terms of the compact, of any adverse action or
significant investigatory information regarding a licensed
individual;
(4) requires an identity history summary of
all applicants at initial licensure, including the use of the
results of fingerprints or other biometric data checks
compliant with the requirements of the United States federal
bureau of investigation, Psychology Interjurisdictional Compact
or other designee with similar authority, no later than ten
years after activation of the compact; and
(5) complies with the bylaws and rules of the
commission.
F. A home state's license grants temporary
authorization to practice to a psychologist in a distant state
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only if the compact state:
(1) currently requires the psychologist to
hold an active interjurisdictional practice certificate;
(2) has a mechanism in place for receiving and
investigating complaints about licensed individuals;
(3) notifies the commission, in compliance
with the terms herein, of any adverse action or significant
investigatory information regarding a licensed individual;
(4) requires an identity history summary of
all applicants at initial licensure, including the use of the
results of fingerprints or other biometric data checks
compliant with the requirements of the United States federal
bureau of investigation, or other designee with similar
authority, no later than ten years after activation of the
compact; and
(5) complies with the bylaws and rules of the
commission.
ARTICLE 4
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
A. Compact states shall recognize the right of a
psychologist, licensed in a compact state in conformance with
Article 3 of the Psychology Interjurisdictional Compact, to
practice telepsychology in other compact states (receiving
states) in which the psychologist is not licensed, under the
authority to practice interjurisdictional telepsychology as
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provided in the compact.
B. To exercise the authority to practice
interjurisdictional telepsychology under the terms and
provisions of the compact, a psychologist licensed to practice
in a compact state must:
(1) hold a graduate degree in psychology from
an institute of higher education that was, at the time the
degree was awarded:
(a) regionally accredited by an
accrediting body recognized by the United States department of
education to grant graduate degrees or authorized by provincial
statute or royal charter to grant doctoral degrees; or
(b) a foreign college or university
deemed to be equivalent to Subparagraph (a) of this paragraph
by a foreign credential evaluation service that is a member of
the national association of credential evaluation services or
by a recognized foreign credential evaluation service;
(2) hold a graduate degree in psychology that
meets the following criteria:
(a) the program, wherever it may be
administratively housed, must be clearly identified and labeled
as a psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its intent to
educate and train professional psychologists;
(b) the psychology program must stand as
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a recognizable, coherent, organizational entity within the
institution;
(c) there must be a clear authority and
primary responsibility for the core and specialty areas,
whether or not the program cuts across administrative lines;
(d) the program must consist of an
integrated, organized sequence of study;
(e) there must be an identifiable
psychology faculty sufficient in size and breadth to carry out
its responsibilities;
(f) the designated director of the
program must be a psychologist and a member of the core
faculty;
(g) the program must have an
identifiable body of students who are matriculated in that
program for a degree;
(h) the program must include supervised
practicum, internship or field training appropriate to the
practice of psychology;
(i) the curriculum shall encompass a
minimum of three academic years of full-time graduate study for
doctoral degrees and a minimum of one academic year of full-
time graduate study for master's degrees; and
(j) the program includes an acceptable
residency as defined by the rules of the commission;
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(3) possess a current, full and unrestricted
license to practice psychology in a home state that is a
compact state;
(4) have no history of adverse action that
violates the rules of the commission;
(5) have no criminal record history reported
on an identity history summary that violates the rules of the
commission;
(6) possess a current, active E.Passport;
(7) provide attestations in regard to areas of
intended practice, conformity with standards of practice and
competence in telepsychology technology; criminal background;
and knowledge and adherence to legal requirements in the home
and receiving states, and must provide a release of information
to allow for primary source verification in a manner specified
by the commission; and
(8) meet other criteria as defined by the
rules of the commission.
C. The home state maintains authority over the
license of any psychologist practicing into a receiving state
under the authority to practice interjurisdictional
telepsychology.
D. A psychologist practicing in a receiving state
under the authority to practice interjurisdictional
telepsychology will be subject to the receiving state's scope
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of practice. A receiving state may, in accordance with that
state's due process law, limit or revoke a psychologist's
authority to practice interjurisdictional telepsychology in the
receiving state and may take any other necessary actions under
the receiving state's applicable law to protect the health and
safety of the receiving state's citizens. If a receiving state
takes action, the state shall promptly notify the home state
and the commission.
E. If a psychologist's license in any home state or
another compact state, or any authority to practice
interjurisdictional telepsychology in any receiving state, is
restricted, suspended or otherwise limited, the E.Passport
shall be revoked and, therefore, the psychologist shall not be
eligible to practice telepsychology in a compact state under
the authority to practice interjurisdictional telepsychology.
ARTICLE 5
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
A. Compact states shall also recognize the right of
a psychologist, licensed in a compact state in conformance with
Article 3 of the Psychology Interjurisdictional Compact, to
practice temporarily in other compact states (distant states)
in which the psychologist is not licensed, as provided in the
compact.
B. To exercise the temporary authorization to
practice under the terms and provisions of this compact, a
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psychologist licensed to practice in a compact state must:
(1) hold a graduate degree in psychology from
an institute of higher education that was, at the time the
degree was awarded:
(a) regionally accredited by an
accrediting body recognized by the United States department of
education to grant graduate degrees or authorized by provincial
statute or royal charter to grant doctoral degrees; or
(b) a foreign college or university
deemed to be equivalent to Subparagraph (a) of this paragraph
by a foreign credential evaluation service that is a member of
the national association of credential evaluation services or
by a recognized foreign credential evaluation service;
(2) hold a graduate degree in psychology that
meets the following criteria:
(a) the program, wherever it may be
administratively housed, must be clearly identified and labeled
as a psychology program. Such a program must specify in
pertinent institutional catalogues and brochures its intent to
educate and train professional psychologists;
(b) the psychology program must stand as
a recognizable, coherent, organizational entity within the
institution;
(c) there must be a clear authority and
primary responsibility for the core and specialty areas,
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whether or not the program cuts across administrative lines;
(d) the program must consist of an
integrated, organized sequence of study;
(e) there must be an identifiable
psychology faculty sufficient in size and breadth to carry out
its responsibilities;
(f) the designated director of the
program must be a psychologist and a member of the core
faculty;
(g) the program must have an
identifiable body of students who are matriculated in that
program for a degree;
(h) the program must include a
supervised practicum or internship or field training
appropriate to the practice of psychology;
(i) the curriculum shall encompass a
minimum of three academic years of full-time graduate study for
doctoral degrees and a minimum of one academic year of full-
time graduate study for master's degrees; and
(j) the program includes an acceptable
residency as defined by the rules of the commission;
(3) possess a current, full and unrestricted
license to practice psychology in a home state that is a
compact state;
(4) have no history of adverse action that
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violates the rules of the commission;
(5) have no criminal record history that
violates the rules of the commission;
(6) possess a current, active
interjurisdictional practice certificate;
(7) provide attestations in regard to areas of
intended practice and work experience and provide a release of
information to allow for primary source verification in a
manner specified by the commission; and
(8) meet other criteria as defined by the
rules of the commission.
C. A psychologist practicing in a distant state
under the temporary authorization to practice shall practice
within the scope of practice authorized by the distant state.
D. A psychologist practicing in a distant state
under the temporary authorization to practice will be subject
to the distant state's authority and law. A distant state may,
in accordance with that state's due process law, limit or
revoke a psychologist's temporary authorization to practice in
the distant state and may take any other necessary actions
under the distant state's applicable law to protect the health
and safety of the distant state's citizens. If a distant state
takes action, the state shall promptly notify the home state
and the commission.
E. If a psychologist's license in any home state or
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another compact state, or any temporary authorization to
practice in any distant state, is restricted, suspended or
otherwise limited, the interjurisdictional practice certificate
shall be revoked and, therefore, the psychologist shall not be
eligible to practice in a compact state under the temporary
authorization to practice interjurisdictional telepsychology.
ARTICLE 6
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A psychologist may practice in a receiving state under the
authority to practice interjurisdictional telepsychology only
in the performance of the scope of practice for psychology as
assigned by an appropriate state psychology regulatory
authority, as defined in the rules of the commission and under
the following circumstances:
A. the psychologist initiates a client/patient
contact in a home state via telecommunication technologies with
a client/patient in a receiving state; or
B. other conditions regarding telepsychology as
determined by rules promulgated by the commission.
ARTICLE 7
ADVERSE ACTIONS
A. A home state shall have the power to impose
adverse action against a psychologist's license issued by the
home state. A distant state shall have the power to take
adverse action on a psychologist's temporary authorization to
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practice within that distant state.
B. A receiving state may take adverse action on a
psychologist's authority to practice interjurisdictional
telepsychology within that receiving state. A home state may
take adverse action against a psychologist based on an adverse
action taken by a distant state regarding temporary in-person,
face-to-face practice.
C. If a home state takes adverse action against a
psychologist's license, that psychologist's authority to
practice interjurisdictional telepsychology is terminated and
the E.Passport is revoked. Furthermore, that psychologist's
temporary authorization to practice is terminated and the
interjurisdictional practice certificate is revoked; provided
that:
(1) all home state disciplinary orders that
impose adverse action shall be reported to the commission in
accordance with the rules promulgated by the commission. A
compact state shall report adverse actions in accordance with
the rules of the commission;
(2) in the event discipline is reported on a
psychologist, the psychologist will not be eligible for
telepsychology or temporary in-person, face-to-face practice in
accordance with the rules of the commission; and
(3) other actions may be imposed as determined
by the rules promulgated by the commission.
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D. A home state's psychology regulatory authority
shall investigate and take appropriate action with respect to
reported inappropriate conduct engaged in by a licensee that
occurred in a receiving state as it would if such conduct had
occurred by a licensee within the home state. In such cases,
the home state's law shall control in determining any adverse
action against a psychologist's license.
E. A distant state's psychology regulatory
authority shall investigate and take appropriate action with
respect to reported inappropriate conduct engaged in by a
psychologist practicing under temporary authorization practice
that occurred in that distant state as it would if such conduct
had occurred by a licensee within the home state. In such
cases, the distant state's law shall control in determining any
adverse action against a psychologist's temporary authorization
to practice.
F. Nothing in this compact shall override a compact
state's decision that a psychologist's participation in an
alternative program may be used in lieu of adverse action and
that such participation shall remain nonpublic if required by
the compact state's law. Compact states must require
psychologists who enter any alternative programs to not provide
telepsychology services under the authority to practice
interjurisdictional telepsychology or provide temporary
psychological services under the temporary authorization to
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practice in any other compact state during the term of the
alternative program.
G. No other judicial or administrative remedies
shall be available to a psychologist in the event a compact
state imposes an adverse action pursuant to Subsection C of
this article.
ARTICLE 8
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY
REGULATORY AUTHORITY
A. In addition to any other powers granted under
state law, a compact state's psychology regulatory authority
shall have the authority under the Psychology
Interjurisdictional Compact to:
(1) issue subpoenas, for both hearings and
investigations, that require the attendance and testimony of
witnesses and the production of evidence. Subpoenas issued by
a compact state's psychology regulatory authority for the
attendance and testimony of witnesses, or the production of
evidence from another compact state, shall be enforced in the
latter state by any court of competent jurisdiction, according
to that court's practice and procedure in considering subpoenas
issued in its own proceedings. The issuing state psychology
regulatory authority shall pay any witness fees, travel
expenses, mileage and other fees required by the service
statutes of the state where the witnesses or evidence are
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located; and
(2) issue cease and desist or injunctive
relief orders to revoke a psychologist's authority to practice
interjurisdictional telepsychology or temporary authorization
to practice.
B. During the course of any investigation, a
psychologist shall not change the psychologist's home state
licensure. A home state psychology regulatory authority is
authorized to complete any pending investigations of a
psychologist and to take any actions appropriate under its law.
The home state psychology regulatory authority shall promptly
report the conclusions of such investigations to the
commission. Once an investigation has been completed, and
pending the outcome of the investigation, the psychologist may
change the psychologist's home state licensure. The commission
shall promptly notify the new home state of any such decisions
as provided in the rules of the commission. All information
provided to the commission or distributed by compact states
pursuant to the psychologist shall be confidential, filed under
seal and used for investigatory or Psychology
Interjurisdictional Compact disciplinary matters. The
commission may create additional rules for mandated or
discretionary sharing of information by compact states.
ARTICLE 9
COORDINATED LICENSURE INFORMATION SYSTEM
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A. The commission shall provide for the development
and maintenance of a coordinated licensure information system
(coordinated database) and reporting system containing
licensure and disciplinary action information on all
psychologists and individuals to whom the Psychology
Interjurisdictional Compact is applicable in all compact states
as defined by the rules of the commission.
B. Notwithstanding any other provision of state law
to the contrary, a compact state shall submit a uniform data
set to the coordinated database on all licensees as required by
the rules of the commission, including:
(1) identifying information;
(2) licensure data;
(3) significant investigatory information;
(4) adverse actions against a psychologist's
license;
(5) an indicator that a psychologist's
authority to practice interjurisdictional telepsychology or
temporary authorization to practice is revoked;
(6) non-confidential information related to
alternative program participation information;
(7) any denial of application for licensure
and the reasons for such denial; and
(8) other information that may facilitate the
administration of this compact, as determined by the rules of
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the commission.
C. The coordinated database administrator shall
promptly notify all compact states of any adverse action taken
against, or significant investigative information on, any
licensee in a compact state.
D. Compact states reporting information to the
coordinated database may designate information that shall not
be shared with the public without the express permission of the
compact state reporting the information.
E. Any information submitted to the coordinated
database that is subsequently required to be expunged by the
law of the compact state reporting the information shall be
removed from the coordinated database.
ARTICLE 10
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
COMMISSION
A. The compact states hereby create and establish a
joint public agency known as the Psychology Interjurisdictional
Compact commission as follows:
(1) the commission is a body politic and an
instrumentality of the compact states;
(2) venue is proper, and judicial proceedings
by or against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission
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may waive venue and jurisdictional defenses to the extent it
adopts or consents to participate in alternative dispute
resolution proceedings; and
(3) nothing in the compact shall be construed
to be a waiver of sovereign immunity.
B. Membership, voting and meetings are as follows:
(1) the commission shall consist of one voting
representative appointed by each compact state who shall serve
as that state's commissioner. The state psychology regulatory
authority shall appoint its delegate. This delegate shall be
empowered to act on behalf of the compact state. This delegate
shall be limited to:
(a) the executive director, executive
secretary or similar executive;
(b) a current member of the state
psychology regulatory authority of a compact state; or
(c) a designee empowered with the
appropriate delegate authority to act on behalf of the compact
state;
(2) any commissioner may be removed or
suspended from office as provided by the law of the state from
which the commissioner is appointed. Any vacancy occurring in
the commission shall be filled in accordance with the laws of
the compact state in which the vacancy exists;
(3) each commissioner shall be entitled to one
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vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission. A commissioner
shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for commissioners'
participation in meetings by telephone or other means of
communication;
(4) the commission shall meet at least once
during each calendar year. Additional meetings shall be held
as set forth in the bylaws;
(5) all meetings shall be open to the public,
and public notice of meetings shall be given in the same manner
as required under the rulemaking provisions in Article 11 of
this compact;
(6) the commission may convene in a closed,
nonpublic meeting if the commission must discuss:
(a) noncompliance of a compact state
with its obligations under the compact;
(b) employment, compensation, discipline
or other personnel matters, practices or procedures related to
specific employees or other matters related to the commission's
internal personnel practices and procedures;
(c) current, threatened or reasonably
anticipated litigation against the commission;
(d) negotiation of contracts for the
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purchase or sale of goods, services or real estate;
(e) accusation against any person of a
crime or formally censuring any person;
(f) disclosure of trade secrets or
commercial or financial information that is privileged or
confidential;
(g) disclosure of information of a
personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(h) disclosure of investigatory records
compiled for law enforcement purposes;
(i) disclosure of information related to
any investigatory reports prepared by or on behalf of or for
use of the commission or other committee charged with
responsibility for investigation or determination of compliance
issues pursuant to the compact; or
(j) matters specifically exempted from
disclosure by federal and state statute; and
(7) if a meeting, or portion of a meeting, is
closed pursuant to this subsection, the commission's legal
counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
The commission shall keep minutes that fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, of any person
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participating in the meeting and the reasons therefore,
including a description of the views expressed. All documents
considered in connection with an action shall be identified in
such minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a majority
vote of the commission or order of a court of competent
jurisdiction.
C. The commission shall, by a majority vote of the
commissioners, prescribe bylaws or rules to govern its conduct
as may be necessary or appropriate to carry out the purposes
and exercise the powers of this compact, including but not
limited to:
(1) establishing the fiscal year of the
commission;
(2) providing reasonable standards and
procedures:
(a) for the establishment and meetings
of other committees; and
(b) governing any general or specific
delegation of any authority or function of the commission;
(3) providing reasonable procedures for
calling and conducting meetings of the commission, ensuring
reasonable advance notice of all meetings and providing an
opportunity for attendance of such meetings by interested
parties, with enumerated exceptions designed to protect the
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public's interest, the privacy of individuals of such
proceedings and proprietary information, including trade
secrets. The commission may meet in closed session only after
a majority of the commissioners vote to close a meeting to the
public in whole or in part. As soon as practicable, the
commission must make public a copy of the vote to close the
meeting revealing the vote of each commissioner with no proxy
votes allowed;
(4) establishing the titles, duties and
authority, and reasonable procedures for the election, of the
officers of the commission;
(5) providing reasonable standards and
procedures for the establishment of the personnel policies and
programs of the commission. Notwithstanding any civil service
or other similar law of any compact state, the bylaws shall
exclusively govern the personnel policies and programs of the
commission;
(6) promulgating a code of ethics to address
permissible and prohibited activities of commission members and
employees;
(7) providing a mechanism for concluding the
operations of the commission and the equitable disposition of
any surplus funds that may exist after the termination of the
compact, after the payment, and/or reserving, of all of its
debts and obligations;
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(8) the commission shall publish its bylaws in
a convenient form and file a copy, and a copy of any
amendments, with the appropriate agency or officer in each of
the compact states;
(9) the commission shall maintain its
financial records in accordance with the bylaws; and
(10) the commission shall meet and take such
actions as are consistent with the provisions of this compact
and the bylaws.
D. The commission shall have the following powers:
(1) the authority to promulgate uniform rules
to facilitate and coordinate implementation and administration
of this compact. The rules shall have the force and effect of
law and shall be binding in all compact states;
(2) to bring and prosecute legal proceedings
or actions in the name of the commission; provided that the
standing of any state psychology regulatory authority or other
regulatory body responsible for psychology licensure to sue or
be sued under applicable law shall not be affected;
(3) to purchase and maintain insurance and
bonds;
(4) to borrow, accept or contract for services
of personnel, including, but not limited to, employees of a
compact state;
(5) to hire employees, elect or appoint
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officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of
the compact and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications
of personnel and other related personnel matters;
(6) to accept any and all appropriate
donations and grants of money, equipment, supplies, materials
and services and to receive, utilize and dispose of the same;
provided that at all times the commission shall strive to avoid
any appearance of impropriety and/or conflict of interest;
(7) to lease, purchase, accept appropriate
gifts or donations of, or otherwise to own, hold, improve or
use, any property real, personal or mixed; provided that at all
times the commission shall strive to avoid any appearance of
impropriety;
(8) to sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property real,
personal or mixed;
(9) to establish a budget and make
expenditures;
(10) to borrow money;
(11) to appoint committees, including advisory
committees composed of members, state regulators, state
legislators or their representatives and consumer
representatives, and such other interested persons as may be
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designated in this compact and the bylaws;
(12) to provide and receive information from,
and to cooperate with, law enforcement agencies;
(13) to adopt and use an official seal; and
(14) to perform such other functions as may be
necessary or appropriate to achieve the purposes of this
compact consistent with the state regulation of psychology
licensure, temporary in-person, face-to-face practice and
telepsychology practice.
E. The executive board is created as follows: the
elected officers shall serve as the executive board, which
shall have the power to act on behalf of the commission
according to the terms of this compact;
(1) the executive board shall be composed of
six members:
(a) five voting members who are elected
from the current membership of the commission by the
commission; and
(b) one ex-officio, nonvoting member
from the recognized membership organization composed of state
and provincial psychology regulatory authorities;
(2) the ex-officio member must have served as
staff or member on a state psychology regulatory authority and
will be selected by its respective organization;
(3) the commission may remove any member of
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the executive board as provided in the bylaws;
(4) the executive board shall meet at least
annually; and
(5) the executive board shall have the
following duties and responsibilities:
(a) recommend to the entire commission
changes to the rules or bylaws, changes to this compact,
legislation, fees paid by compact states such as annual dues
and any other applicable fees;
(b) ensure that compact administration
services are appropriately provided, contractual or otherwise;
(c) prepare and recommend the budget;
(d) maintain financial records on behalf
of the commission;
(e) monitor compact compliance of member
states and provide compliance reports to the commission;
(f) establish additional committees as
necessary; and
(g) other duties as provided in rules or
bylaws.
F. Financing of the commission:
(1) the commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment,
organization and ongoing activities;
(2) the commission may accept any and all
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appropriate revenue sources, donations and grants of money,
equipment, supplies, materials and services;
(3) the commission may levy on and collect an
annual assessment from each compact state, or impose fees on
other parties to cover the cost of the operations and
activities of the commission and its staff, which must be in a
total amount sufficient to cover its annual budget as approved
each year for which revenue is not provided by other sources.
The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the commission, which shall
promulgate a rule binding upon all compact states;
(4) the commission shall not incur obligations
of any kind prior to securing the funds adequate to meet the
same; nor shall the commission pledge the credit of any of the
compact states, except by and with the authority of the compact
state; and
(5) the commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the commission shall be subject to the audit
and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the
commission shall be audited yearly by a certified or licensed
public accountant, and the report of the audit shall be
included in and become part of the annual report of the
commission.
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G. Qualified immunity, defense and indemnification:
(1) the members, officers, executive director,
employees and representatives of the commission shall be immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error or commission that
occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred, within the scope of
commission employment, duties or responsibilities; provided
that nothing in this paragraph shall be construed to protect
any such person from suit and/or liability for any damage,
loss, injury or liability caused by the intentional or willful
or wanton misconduct of that person;
(2) the commission shall defend any member,
officer, executive director, employee or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission
that occurred within the scope of commission employment, duties
or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within
the scope of commission employment, duties or responsibilities;
provided that nothing herein shall be construed to prohibit
that person from retaining the person's own counsel; and
provided further that the actual or alleged act, error or
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omission did not result from that person's intentional or
willful or wanton misconduct; and
(3) the commission shall indemnify and hold
harmless any member, officer, executive director, employee or
representative of the commission for the amount of any
settlement or judgment obtained against that person arising out
of any actual or alleged act, error or omission that occurred
within the scope of commission or Psychology
Interjurisdictional Compact employment, duties or
responsibilities; or that such person had a reasonable basis
for believing occurred within the scope of commission
employment, duties or responsibilities; provided that the
actual or alleged act, error or omission did not result from
the intentional or willful or wanton misconduct of that person.
ARTICLE 11
RULEMAKING
A. The commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this article and
the rules adopted thereunder. Rules and amendments shall
become binding as of the date specified in each rule or
amendment.
B. If a majority of the legislatures of the compact
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compact state.
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C. Rules or amendments to the rules shall be
adopted at a regular or special meeting of the commission.
D. Prior to promulgation and adoption of a final
rule or rules by the commission, and at least sixty days in
advance of the meeting at which the rule will be considered and
voted upon, the commission shall file a notice of proposed
rulemaking:
(1) on the website of the commission; and
(2) on the website of each compact state's
psychology regulatory authority or the publication in which
each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking shall include:
(1) the proposed time, date and location of
the meeting in which the rule will be considered and voted
upon;
(2) the text of the proposed rule or amendment
and the reason for the proposed rule;
(3) a request for comments on the proposed
rule from any interested person; and
(4) the manner in which interested persons may
submit notice to the commission of their intention to attend
the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the
commission shall allow persons to submit written data, facts,
opinions and arguments, which shall be made available to the
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public.
G. The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment if a
hearing is requested by:
(1) at least twenty-five persons who submit
comments independently of each other;
(2) a governmental subdivision or agency; or
(3) a duly appointed person in an association
that has at least twenty-five members.
H. If a hearing is held on the proposed rule or
amendment, the commission shall publish the place, time and
date of the scheduled public hearing; provided that:
(1) all persons wishing to be heard at the
hearing shall notify the executive director of the commission
or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days
before the scheduled date of the hearing;
(2) hearings shall be conducted in a manner
providing each person who wishes to comment a fair and
reasonable opportunity to comment orally or in writing;
(3) no transcript of the hearing is required,
unless a written request for a transcript is made, in which
case the person requesting the transcript shall bear the cost
of producing the transcript. A recording may be made in lieu
of a transcript under the same terms and conditions as a
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transcript. This paragraph shall not preclude the commission
from making a transcript or recording of the hearing if it so
chooses; and
(4) nothing in this article shall be construed
as requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hearings
required by this article.
I. Following the scheduled hearing date, or by the
close of business on the scheduled hearing date if the hearing
was not held, the commission shall consider all written and
oral comments received.
J. The commission shall, by majority vote of all
members, take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
K. If no written notice of intent to attend the
public hearing by interested parties is received, the
commission may proceed with promulgation of the proposed rule
without a public hearing.
L. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing; provided that
the usual rulemaking procedures provided in the compact and in
this article shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety days
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after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted
immediately in order to:
(1) meet an imminent threat to public health,
safety or welfare;
(2) prevent a loss of commission or compact
state funds;
(3) meet a deadline for the promulgation of an
administrative rule that is established by federal law or rule;
or
(4) protect public health and safety.
M. The commission or an authorized committee of the
commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors,
errors in format, errors in consistency or grammatical errors.
Public notice of any revisions shall be posted on the website
of the commission. The revision shall be subject to challenge
by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall be
made in writing and delivered to the chair of the commission
prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If
the revision is challenged, the revision shall not take effect
without the approval of the commission.
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ARTICLE 12
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. Oversight:
(1) the executive, legislative and judicial
branches of state government in each compact state shall
enforce the Psychology Interjurisdictional Compact and take all
actions necessary and appropriate to effectuate the compact's
purposes and intent. The provisions of the compact and the
rules promulgated hereunder shall have standing as statutory
law;
(2) all courts shall take judicial notice of
the compact and the rules in any judicial or administrative
proceeding in a compact state pertaining to the subject matter
of the compact that may affect the powers, responsibilities or
actions of the commission; and
(3) the commission shall be entitled to
receive service of process in any such proceeding and shall
have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the
commission shall render a judgment or order void as to the
commission, the compact or promulgated rules.
B. Default, technical assistance and termination:
(1) if the commission determines that a
compact state has defaulted in the performance of its
obligations or responsibilities under this compact or the
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promulgated rules, the commission shall:
(a) provide written notice to the
defaulting state and other compact states of the nature of the
default, the proposed means of remedying the default or any
other action to be taken by the commission; and
(b) provide remedial training and
specific technical assistance regarding the default;
(2) if a state in default fails to remedy the
default, the defaulting state may be terminated from the
compact upon an affirmative vote of a majority of the compact
states, and all rights, privileges and benefits conferred by
this compact shall be terminated on the effective date of
termination. A remedy of the default does not relieve the
offending state of obligations or liabilities incurred during
the period of default;
(3) termination of membership in the compact
shall be imposed only after all other means of securing
compliance have been exhausted, and notice of intent to suspend
or terminate shall be submitted by the commission to the
governor, the majority and minority leaders of the defaulting
state's legislature and each of the compact states;
(4) a compact state that has been terminated
is responsible for all assessments, obligations and liabilities
incurred through the effective date of termination, including
obligations that extend beyond the effective date of
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termination;
(5) the commission shall not bear any costs
incurred by the state that is found to be in default or that
has been terminated from the compact, unless agreed upon in
writing between the commission and the defaulting state; and
(6) the defaulting state may appeal the action
of the commission by petitioning the United States district
court for the state of Georgia or the federal district where
the compact has its principal offices. The prevailing member
shall be awarded all costs of such litigation, including
reasonable attorney fees.
C. Dispute resolution:
(1) upon request by a compact state, the
commission shall attempt to resolve disputes related to the
compact that arise among compact states and between compact and
non-compact states; and
(2) the commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes that arise before the commission.
D. Enforcement:
(1) the commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of
this compact;
(2) by majority vote, the commission may
initiate legal action in the United States district court for
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the state of Georgia or the federal district where the compact
has its principal offices against a compact state in default to
enforce compliance with the provisions of the compact and its
promulgated rules and bylaws. The relief sought may include
both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable
attorney fees; and
(3) the remedies herein shall not be the
exclusive remedies of the commission. The commission may
pursue any other remedies available under federal or state law.
ARTICLE 13
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND
AMENDMENTS
A. The Psychology Interjurisdictional Compact shall
come into effect on the date on which the compact is enacted
into law in the seventh compact state. The provisions that
become effective at that time shall be limited to the powers
granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet
and exercise rulemaking powers necessary to the implementation
and administration of the compact.
B. Any state that joins the compact subsequent to
the commission's initial adoption of the rules shall be subject
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to the rules as they exist on the date on which the compact
becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect
of law on the day the compact becomes law in that state.
C. Any compact state may withdraw from the compact
by enacting a statute repealing the same; provided that:
(1) a compact state's withdrawal shall not
take effect until six months after enactment of the repealing
statute; and
(2) withdrawal shall not affect the continuing
requirement of the withdrawing state's psychology regulatory
authority to comply with the investigative and adverse action
reporting requirements of this act prior to the effective date
of withdrawal.
D. Nothing contained in the compact shall be
construed to invalidate or prevent any psychology licensure
agreement or other cooperative arrangement between a compact
state and a non-compact state that does not conflict with the
provisions of the compact.
E. The compact may be amended by the compact
states. No amendment to the compact shall become effective and
binding upon any compact state until it is enacted into the law
of all compact states.
ARTICLE 14
CONSTRUCTION AND SEVERABILITY
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The Psychology Interjurisdictional Compact shall be
liberally construed so as to effectuate the purposes of the
compact. If the compact shall be held contrary to the
constitution of any state member to the compact, the compact
shall remain in full force and effect as to the remaining
compact states.".
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