Sen. Don Harmon
Filed: 5/16/2018
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1 | AMENDMENT TO HOUSE BILL 1853
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2 | AMENDMENT NO. ______. Amend House Bill 1853 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Psychology Interjurisdictional Compact Act. | ||||||
6 | Section 5. Psychology Interjurisdictional Compact. The | ||||||
7 | State of Illinois enters into the Psychology | ||||||
8 | Interjurisdictional Compact in substantially the following | ||||||
9 | form with all other states joining the Compact: | ||||||
10 | PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT) | ||||||
11 | ARTICLE I | ||||||
12 | PURPOSE | ||||||
13 | Whereas, states license psychologists, in order to protect | ||||||
14 | the public through verification of education, training and | ||||||
15 | experience and ensure accountability for professional |
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1 | practice; and | ||||||
2 | Whereas, this Compact is intended to regulate the day to | ||||||
3 | day practice of telepsychology (i.e. the provision of | ||||||
4 | psychological services using telecommunication technologies) | ||||||
5 | by psychologists across state boundaries in the performance of | ||||||
6 | their psychological practice as assigned by an appropriate | ||||||
7 | authority; and | ||||||
8 | Whereas, this Compact is intended to regulate the temporary | ||||||
9 | in-person, face-to-face practice of psychology by | ||||||
10 | psychologists across state boundaries for 30 days within a | ||||||
11 | calendar year in the performance of their psychological | ||||||
12 | practice as assigned by an appropriate authority; | ||||||
13 | Whereas, this Compact is intended to authorize State | ||||||
14 | Psychology Regulatory Authorities to afford legal recognition, | ||||||
15 | in a manner consistent with the terms of the Compact, to | ||||||
16 | psychologists licensed in another state; | ||||||
17 | Whereas, this Compact recognizes that states have a vested | ||||||
18 | interest in protecting the public's health and safety through | ||||||
19 | their licensing and regulation of psychologists and that such | ||||||
20 | state regulation will best protect public health and safety; | ||||||
21 | Whereas, this Compact does not apply when a psychologist is | ||||||
22 | licensed in both the Home and Receiving States; and | ||||||
23 | Whereas, this Compact does not apply to permanent | ||||||
24 | in-person, face-to-face practice, it does allow for | ||||||
25 | authorization of temporary psychological practice. | ||||||
26 | Consistent with these principles, this Compact is designed |
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1 | to achieve the following purposes and objectives: | ||||||
2 | 1. Increase public access to professional | ||||||
3 | psychological services by allowing for telepsychological | ||||||
4 | practice across state lines as well as temporary in-person, | ||||||
5 | face-to-face services into a state which the psychologist | ||||||
6 | is not licensed to practice psychology; | ||||||
7 | 2. Enhance the states' ability to protect the public's | ||||||
8 | health and safety, especially client/patient safety; | ||||||
9 | 3. Encourage the cooperation of Compact States in the | ||||||
10 | areas of psychology licensure and regulation; | ||||||
11 | 4. Facilitate the exchange of information between | ||||||
12 | Compact States regarding psychologist licensure, adverse | ||||||
13 | actions and disciplinary history; | ||||||
14 | 5. Promote compliance with the laws governing | ||||||
15 | psychological practice in each Compact State; and | ||||||
16 | 6. Invest all Compact States with the authority to hold | ||||||
17 | licensed psychologists accountable through the mutual | ||||||
18 | recognition of Compact State licenses. | ||||||
19 | ARTICLE II | ||||||
20 | DEFINITIONS | ||||||
21 | A. "Adverse Action" means: Any action taken by a State | ||||||
22 | Psychology Regulatory Authority which finds a violation of a | ||||||
23 | statute or regulation that is identified by the State | ||||||
24 | Psychology Regulatory Authority as discipline and is a matter | ||||||
25 | of public record. |
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1 | B. "Association of State and Provincial Psychology Boards | ||||||
2 | (ASPPB)" means: the recognized membership organization | ||||||
3 | composed of State and Provincial Psychology Regulatory | ||||||
4 | Authorities responsible for the licensure and registration of | ||||||
5 | psychologists throughout the United States and Canada. | ||||||
6 | C. "Authority to Practice Interjurisdictional | ||||||
7 | Telepsychology" means: a licensed psychologist's authority to | ||||||
8 | practice telepsychology, within the limits authorized under | ||||||
9 | this Compact, in another Compact State. | ||||||
10 | D. "Bylaws" means: those Bylaws established by the | ||||||
11 | Psychology Interjurisdictional Compact Commission pursuant to | ||||||
12 | Section X for its governance, or for directing and controlling | ||||||
13 | its actions and conduct. | ||||||
14 | E. "Client/Patient" means: the recipient of psychological | ||||||
15 | services, whether psychological services are delivered in the | ||||||
16 | context of healthcare, corporate, supervision, and/or | ||||||
17 | consulting services. | ||||||
18 | F. "Commissioner" means: the voting representative | ||||||
19 | appointed by each State Psychology Regulatory Authority | ||||||
20 | pursuant to Section X. | ||||||
21 | G. "Compact State" means: a state, the District of | ||||||
22 | Columbia, or United States territory that has enacted this | ||||||
23 | Compact legislation and which has not withdrawn pursuant to | ||||||
24 | Article XIII, Section C or been terminated pursuant to Article | ||||||
25 | XII, Section B. | ||||||
26 | H. "Coordinated Licensure Information System" also |
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1 | referred to as "Coordinated Database" means: an integrated | ||||||
2 | process for collecting, storing, and sharing information on | ||||||
3 | psychologists' licensure and enforcement activities related to | ||||||
4 | psychology licensure laws, which is administered by the | ||||||
5 | recognized membership organization composed of State and | ||||||
6 | Provincial Psychology Regulatory Authorities. | ||||||
7 | I. "Confidentiality" means: the principle that data or | ||||||
8 | information is not made available or disclosed to unauthorized | ||||||
9 | persons and/or processes. | ||||||
10 | J. "Day" means: any part of a day in which psychological | ||||||
11 | work is performed. | ||||||
12 | K. "Distant State" means: the Compact State where a | ||||||
13 | psychologist is physically present (not through the use of | ||||||
14 | telecommunications technologies), to provide temporary | ||||||
15 | in-person, face-to-face psychological services. | ||||||
16 | L. "E.Passport" means: a certificate issued by the | ||||||
17 | Association of State and Provincial Psychology Boards (ASPPB) | ||||||
18 | that promotes the standardization in the criteria of | ||||||
19 | interjurisdictional telepsychology practice and facilitates | ||||||
20 | the process for licensed psychologists to provide | ||||||
21 | telepsychological services across state lines. | ||||||
22 | M. "Executive Board" means: a group of directors elected or | ||||||
23 | appointed to act on behalf of, and within the powers granted to | ||||||
24 | them by, the Commission. | ||||||
25 | N. "Home State" means: a Compact State where a psychologist | ||||||
26 | is licensed to practice psychology. If the psychologist is |
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1 | licensed in more than one Compact State and is practicing under | ||||||
2 | the Authorization to Practice Interjurisdictional | ||||||
3 | Telepsychology, the Home State is the Compact State where the | ||||||
4 | psychologist is physically present when the telepsychological | ||||||
5 | services are delivered. If the psychologist is licensed in more | ||||||
6 | than one Compact State and is practicing under the Temporary | ||||||
7 | Authorization to Practice, the Home State is any Compact State | ||||||
8 | where the psychologist is licensed. | ||||||
9 | O. "Identity History Summary" means: a summary of | ||||||
10 | information retained by the FBI, or other designee with similar | ||||||
11 | authority, in connection with arrests and, in some instances, | ||||||
12 | federal employment, naturalization, or military service. | ||||||
13 | P. "In-Person, Face-to-Face" means: interactions in which | ||||||
14 | the psychologist and the client/patient are in the same | ||||||
15 | physical space and which does not include interactions that may | ||||||
16 | occur through the use of telecommunication technologies. | ||||||
17 | Q. "Interjurisdictional Practice Certificate (IPC)" means: | ||||||
18 | a certificate issued by the Association of State and Provincial | ||||||
19 | Psychology Boards (ASPPB) that grants temporary authority to | ||||||
20 | practice based on notification to the State Psychology | ||||||
21 | Regulatory Authority of intention to practice temporarily, and | ||||||
22 | verification of one's qualifications for such practice. | ||||||
23 | R. "License" means: authorization by a State Psychology | ||||||
24 | Regulatory Authority to engage in the independent practice of | ||||||
25 | psychology, which would be unlawful without the authorization. | ||||||
26 | S. "Non-Compact State" means: any State which is not at the |
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1 | time a Compact State. | ||||||
2 | T. "Psychologist" means: an individual licensed for the | ||||||
3 | independent practice of psychology. | ||||||
4 | U. "Psychology Interjurisdictional Compact Commission" | ||||||
5 | also referred to as "Commission" means: the national | ||||||
6 | administration of which all Compact States are members. | ||||||
7 | V. "Receiving State" means: a Compact State where the | ||||||
8 | client/patient is physically located when the | ||||||
9 | telepsychological services are delivered. | ||||||
10 | W. "Rule" means: a written statement by the Psychology | ||||||
11 | Interjurisdictional Compact Commission promulgated pursuant to | ||||||
12 | Section XI of the Compact that is of general applicability, | ||||||
13 | implements, interprets, or prescribes a policy or provision of | ||||||
14 | the Compact, or an organizational, procedural, or practice | ||||||
15 | requirement of the Commission and has the force and effect of | ||||||
16 | statutory law in a Compact State, and includes the amendment, | ||||||
17 | repeal or suspension of an existing rule. | ||||||
18 | X. "Significant Investigatory Information" means: | ||||||
19 | 1. investigative information that a State Psychology | ||||||
20 | Regulatory Authority, after a preliminary inquiry that | ||||||
21 | includes notification and an opportunity to respond if | ||||||
22 | required by state law, has reason to believe, if proven | ||||||
23 | true, would indicate more than a violation of state statute | ||||||
24 | or ethics code that would be considered more substantial | ||||||
25 | than minor infraction; or | ||||||
26 | 2. investigative information that indicates that the |
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1 | psychologist represents an immediate threat to public | ||||||
2 | health and safety regardless of whether the psychologist | ||||||
3 | has been notified and/or had an opportunity to respond. | ||||||
4 | Y. "State" means: a state, commonwealth, territory, or | ||||||
5 | possession of the United States, the District of Columbia. | ||||||
6 | Z. "State Psychology Regulatory Authority" means: the | ||||||
7 | Board, office or other agency with the legislative mandate to | ||||||
8 | license and regulate the practice of psychology. | ||||||
9 | AA. "Telepsychology" means: the provision of psychological | ||||||
10 | services using telecommunication technologies. | ||||||
11 | BB. "Temporary Authorization to Practice" means: a | ||||||
12 | licensed psychologist's authority to conduct temporary | ||||||
13 | in-person, face-to-face practice, within the limits authorized | ||||||
14 | under this Compact, in another Compact State. | ||||||
15 | CC. "Temporary In-Person, Face-to-Face Practice" means: | ||||||
16 | where a psychologist is physically present (not through the use | ||||||
17 | of telecommunications technologies), in the Distant State to | ||||||
18 | provide for the practice of psychology for 30 days within a | ||||||
19 | calendar year and based on notification to the Distant State. | ||||||
20 | ARTICLE III | ||||||
21 | HOME STATE LICENSURE | ||||||
22 | A. The Home State shall be a Compact State where a | ||||||
23 | psychologist is licensed to practice psychology. | ||||||
24 | B. A psychologist may hold one or more Compact State | ||||||
25 | licenses at a time. If the psychologist is licensed in more |
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1 | than one Compact State, the Home State is the Compact State | ||||||
2 | where the psychologist is physically present when the services | ||||||
3 | are delivered as authorized by the Authority to Practice | ||||||
4 | Interjurisdictional Telepsychology under the terms of this | ||||||
5 | Compact. | ||||||
6 | C. Any Compact State may require a psychologist not | ||||||
7 | previously licensed in a Compact State to obtain and retain a | ||||||
8 | license to be authorized to practice in the Compact State under | ||||||
9 | circumstances not authorized by the Authority to Practice | ||||||
10 | Interjurisdictional Telepsychology under the terms of this | ||||||
11 | Compact. | ||||||
12 | D. Any Compact State may require a psychologist to obtain | ||||||
13 | and retain a license to be authorized to practice in a Compact | ||||||
14 | State under circumstances not authorized by Temporary | ||||||
15 | Authorization to Practice under the terms of this Compact. | ||||||
16 | E. A Home State's license authorizes a psychologist to | ||||||
17 | practice in a Receiving State under the Authority to Practice | ||||||
18 | Interjurisdictional Telepsychology only if the Compact State: | ||||||
19 | 1. Currently requires the psychologist to hold an | ||||||
20 | active E.Passport; | ||||||
21 | 2. Has a mechanism in place for receiving and | ||||||
22 | investigating complaints about licensed individuals; | ||||||
23 | 3. Notifies the Commission, in compliance with the | ||||||
24 | terms herein, of any adverse action or significant | ||||||
25 | investigatory information regarding a licensed individual; | ||||||
26 | 4. Requires an Identity History Summary of all |
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1 | applicants at initial licensure, including the use of the | ||||||
2 | results of fingerprints or other biometric data checks | ||||||
3 | compliant with the requirements of the Federal Bureau of | ||||||
4 | Investigation FBI, or other designee with similar | ||||||
5 | authority, no later than ten years after activation of the | ||||||
6 | Compact; and | ||||||
7 | 5. Complies with the Bylaws and Rules of the | ||||||
8 | Commission. | ||||||
9 | F. A Home State's license grants Temporary Authorization to | ||||||
10 | Practice to a psychologist in a Distant State only if the | ||||||
11 | Compact State: | ||||||
12 | 1. Currently requires the psychologist to hold an | ||||||
13 | active IPC; | ||||||
14 | 2. Has a mechanism in place for receiving and | ||||||
15 | investigating complaints about licensed individuals; | ||||||
16 | 3. Notifies the Commission, in compliance with the | ||||||
17 | terms herein, of any adverse action or significant | ||||||
18 | investigatory information regarding a licensed individual; | ||||||
19 | 4. Requires an Identity History Summary of all | ||||||
20 | applicants at initial licensure, including the use of the | ||||||
21 | results of fingerprints or other biometric data checks | ||||||
22 | compliant with the requirements of the Federal Bureau of | ||||||
23 | Investigation FBI, or other designee with similar | ||||||
24 | authority, no later than ten years after activation of the | ||||||
25 | Compact; and | ||||||
26 | 5. Complies with the Bylaws and Rules of the |
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1 | Commission. | ||||||
2 | ARTICLE IV | ||||||
3 | COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY | ||||||
4 | A. Compact States shall recognize the right of a | ||||||
5 | psychologist, licensed in a Compact State in conformance with | ||||||
6 | Article III, to practice telepsychology in other Compact States | ||||||
7 | (Receiving States) in which the psychologist is not licensed, | ||||||
8 | under the Authority to Practice Interjurisdictional | ||||||
9 | Telepsychology as provided in the Compact. | ||||||
10 | B. To exercise the Authority to Practice | ||||||
11 | Interjurisdictional Telepsychology under the terms and | ||||||
12 | provisions of this Compact, a psychologist licensed to practice | ||||||
13 | in a Compact State must: | ||||||
14 | 1. Hold a graduate degree in psychology from an | ||||||
15 | institute of higher education that was, at the time the | ||||||
16 | degree was awarded: | ||||||
17 | a. Regionally accredited by an accrediting body | ||||||
18 | recognized by the U.S. Department of Education to grant | ||||||
19 | graduate degrees, OR authorized by Provincial Statute | ||||||
20 | or Royal Charter to grant doctoral degrees; OR | ||||||
21 | b. A foreign college or university deemed to be | ||||||
22 | equivalent to 1 (a) above by a foreign credential | ||||||
23 | evaluation service that is a member of the National | ||||||
24 | Association of Credential Evaluation Services (NACES) | ||||||
25 | or by a recognized foreign credential evaluation |
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1 | service; AND | ||||||
2 | 2. Hold a graduate degree in psychology that meets the | ||||||
3 | following criteria: | ||||||
4 | a. The program, wherever it may be | ||||||
5 | administratively housed, must be clearly identified | ||||||
6 | and labeled as a psychology program. Such a program | ||||||
7 | must specify in pertinent institutional catalogues and | ||||||
8 | brochures its intent to educate and train professional | ||||||
9 | psychologists; | ||||||
10 | b. The psychology program must stand as a | ||||||
11 | recognizable, coherent, organizational entity within | ||||||
12 | the institution; | ||||||
13 | c. There must be a clear authority and primary | ||||||
14 | responsibility for the core and specialty areas | ||||||
15 | whether or not the program cuts across administrative | ||||||
16 | lines; | ||||||
17 | d. The program must consist of an integrated, | ||||||
18 | organized sequence of study; | ||||||
19 | e. There must be an identifiable psychology | ||||||
20 | faculty sufficient in size and breadth to carry out its | ||||||
21 | responsibilities; | ||||||
22 | f. The designated director of the program must be a | ||||||
23 | psychologist and a member of the core faculty; | ||||||
24 | g. The program must have an identifiable body of | ||||||
25 | students who are matriculated in that program for a | ||||||
26 | degree; |
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1 | h. The program must include supervised practicum, | ||||||
2 | internship, or field training appropriate to the | ||||||
3 | practice of psychology; | ||||||
4 | i. The curriculum shall encompass a minimum of | ||||||
5 | three academic years of full- time graduate study for | ||||||
6 | doctoral degree and a minimum of one academic year of | ||||||
7 | full-time graduate study for master's degree; | ||||||
8 | j. The program includes an acceptable residency as | ||||||
9 | defined by the Rules of the Commission. | ||||||
10 | 3. Possess a current, full and unrestricted license to | ||||||
11 | practice psychology in a Home State which is a Compact | ||||||
12 | State; | ||||||
13 | 4. Have no history of adverse action that violate the | ||||||
14 | Rules of the Commission; | ||||||
15 | 5. Have no criminal record history reported on an | ||||||
16 | Identity History Summary that violates the Rules of the | ||||||
17 | Commission; | ||||||
18 | 6. Possess a current, active E.Passport; | ||||||
19 | 7. Provide attestations in regard to areas of intended | ||||||
20 | practice, conformity with standards of practice, | ||||||
21 | competence in telepsychology technology; criminal | ||||||
22 | background; and knowledge and adherence to legal | ||||||
23 | requirements in the home and receiving states, and provide | ||||||
24 | a release of information to allow for primary source | ||||||
25 | verification in a manner specified by the Commission; and | ||||||
26 | 8. Meet other criteria as defined by the Rules of the |
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1 | Commission. | ||||||
2 | C. The Home State maintains authority over the license of | ||||||
3 | any psychologist practicing into a Receiving State under the | ||||||
4 | Authority to Practice Interjurisdictional Telepsychology. | ||||||
5 | D. A psychologist practicing into a Receiving State under | ||||||
6 | the Authority to Practice Interjurisdictional Telepsychology | ||||||
7 | will be subject to the Receiving State's scope of practice. A | ||||||
8 | Receiving State may, in accordance with that state's due | ||||||
9 | process law, limit or revoke a psychologist's Authority to | ||||||
10 | Practice Interjurisdictional Telepsychology in the Receiving | ||||||
11 | State and may take any other necessary actions under the | ||||||
12 | Receiving State's applicable law to protect the health and | ||||||
13 | safety of the Receiving State's citizens. If a Receiving State | ||||||
14 | takes action, the state shall promptly notify the Home State | ||||||
15 | and the Commission. | ||||||
16 | E. If a psychologist's license in any Home State, another | ||||||
17 | Compact State, or any Authority to Practice | ||||||
18 | Interjurisdictional Telepsychology in any Receiving State, is | ||||||
19 | restricted, suspended or otherwise limited, the E.Passport | ||||||
20 | shall be revoked and therefore the psychologist shall not be | ||||||
21 | eligible to practice telepsychology in a Compact State under | ||||||
22 | the Authority to Practice Interjurisdictional Telepsychology. | ||||||
23 | ARTICLE V | ||||||
24 | COMPACT TEMPORARY AUTHORIZATION TO PRACTICE | ||||||
25 | A. Compact States shall also recognize the right of a |
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1 | psychologist, licensed in a Compact State in conformance with | ||||||
2 | Article III, to practice temporarily in other Compact States | ||||||
3 | (Distant States) in which the psychologist is not licensed, as | ||||||
4 | provided in the Compact. | ||||||
5 | B. To exercise the Temporary Authorization to Practice | ||||||
6 | under the terms and provisions of this Compact, a psychologist | ||||||
7 | licensed to practice in a Compact State must: | ||||||
8 | 1. Hold a graduate degree in psychology from an | ||||||
9 | institute of higher education that was, at the time the | ||||||
10 | degree was awarded: | ||||||
11 | a. Regionally accredited by an accrediting body | ||||||
12 | recognized by the U.S. Department of Education to grant | ||||||
13 | graduate degrees, OR authorized by Provincial Statute | ||||||
14 | or Royal Charter to grant doctoral degrees; OR | ||||||
15 | b. A foreign college or university deemed to be | ||||||
16 | equivalent to 1 (a) above by a foreign credential | ||||||
17 | evaluation service that is a member of the National | ||||||
18 | Association of Credential Evaluation Services (NACES) | ||||||
19 | or by a recognized foreign credential evaluation | ||||||
20 | service; AND | ||||||
21 | 2. Hold a graduate degree in psychology that meets the | ||||||
22 | following criteria: | ||||||
23 | a. The program, wherever it may be | ||||||
24 | administratively housed, must be clearly identified | ||||||
25 | and labeled as a psychology program. Such a program | ||||||
26 | must specify in pertinent institutional catalogues and |
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1 | brochures its intent to educate and train professional | ||||||
2 | psychologists; | ||||||
3 | b. The psychology program must stand as a | ||||||
4 | recognizable, coherent, organizational entity within | ||||||
5 | the institution; | ||||||
6 | c. There must be a clear authority and primary | ||||||
7 | responsibility for the core and specialty areas | ||||||
8 | whether or not the program cuts across administrative | ||||||
9 | lines; | ||||||
10 | d. The program must consist of an integrated, | ||||||
11 | organized sequence of study; | ||||||
12 | e. There must be an identifiable psychology | ||||||
13 | faculty sufficient in size and breadth to carry out its | ||||||
14 | responsibilities; | ||||||
15 | f. The designated director of the program must be a | ||||||
16 | psychologist and a member of the core faculty; | ||||||
17 | g. The program must have an identifiable body of | ||||||
18 | students who are matriculated in that program for a | ||||||
19 | degree; | ||||||
20 | h. The program must include supervised practicum, | ||||||
21 | internship, or field training appropriate to the | ||||||
22 | practice of psychology; | ||||||
23 | i. The curriculum shall encompass a minimum of | ||||||
24 | three academic years of full- time graduate study for | ||||||
25 | doctoral degrees and a minimum of one academic year of | ||||||
26 | full-time graduate study for master's degree; |
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1 | j. The program includes an acceptable residency as | ||||||
2 | defined by the Rules of the Commission. | ||||||
3 | 3. Possess a current, full and unrestricted license to | ||||||
4 | practice psychology in a Home State which is a Compact | ||||||
5 | State; | ||||||
6 | 4. No history of adverse action that violate the Rules | ||||||
7 | of the Commission; | ||||||
8 | 5. No criminal record history that violates the Rules | ||||||
9 | of the Commission; | ||||||
10 | 6. Possess a current, active IPC; | ||||||
11 | 7. Provide attestations in regard to areas of intended | ||||||
12 | practice and work experience and provide a release of | ||||||
13 | information to allow for primary source verification in a | ||||||
14 | manner specified by the Commission; and | ||||||
15 | 8. Meet other criteria as defined by the Rules of the | ||||||
16 | Commission. | ||||||
17 | C. A psychologist practicing into a Distant State under the | ||||||
18 | Temporary Authorization to Practice shall practice within the | ||||||
19 | scope of practice authorized by the Distant State. | ||||||
20 | D. A psychologist practicing into a Distant State under the | ||||||
21 | Temporary Authorization to Practice will be subject to the | ||||||
22 | Distant State's authority and law. A Distant State may, in | ||||||
23 | accordance with that state's due process law, limit or revoke a | ||||||
24 | psychologist's Temporary Authorization to Practice in the | ||||||
25 | Distant State and may take any other necessary actions under | ||||||
26 | the Distant State's applicable law to protect the health and |
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1 | safety of the Distant State's citizens. If a Distant State | ||||||
2 | takes action, the state shall promptly notify the Home State | ||||||
3 | and the Commission. | ||||||
4 | E. If a psychologist's license in any Home State, another | ||||||
5 | Compact State, or any Temporary Authorization to Practice in | ||||||
6 | any Distant State, is restricted, suspended or otherwise | ||||||
7 | limited, the IPC shall be revoked and therefore the | ||||||
8 | psychologist shall not be eligible to practice in a Compact | ||||||
9 | State under the Temporary Authorization to Practice. | ||||||
10 | ARTICLE VI | ||||||
11 | CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE | ||||||
12 | A. A psychologist may practice in a Receiving State under | ||||||
13 | the Authority to Practice Interjurisdictional Telepsychology | ||||||
14 | only in the performance of the scope of practice for psychology | ||||||
15 | as assigned by an appropriate State Psychology Regulatory | ||||||
16 | Authority, as defined in the Rules of the Commission, and under | ||||||
17 | the following circumstances: | ||||||
18 | 1. The psychologist initiates a client/patient contact | ||||||
19 | in a Home State via telecommunications technologies with a | ||||||
20 | client/patient in a Receiving State; | ||||||
21 | 2. Other conditions regarding telepsychology as | ||||||
22 | determined by Rules promulgated by the Commission. | ||||||
23 | ARTICLE VII | ||||||
24 | ADVERSE ACTIONS |
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1 | A. A Home State shall have the power to impose adverse | ||||||
2 | action against a psychologist's license issued by the Home | ||||||
3 | State. A Distant State shall have the power to take adverse | ||||||
4 | action on a psychologist's Temporary Authorization to Practice | ||||||
5 | within that Distant State. | ||||||
6 | B. A Receiving State may take adverse action on a | ||||||
7 | psychologist's Authority to Practice Interjurisdictional | ||||||
8 | Telepsychology within that Receiving State. A Home State may | ||||||
9 | take adverse action against a psychologist based on an adverse | ||||||
10 | action taken by a Distant State regarding temporary in-person, | ||||||
11 | face-to-face practice. | ||||||
12 | C. If a Home State takes adverse action against a | ||||||
13 | psychologist's license, that psychologist's Authority to | ||||||
14 | Practice Interjurisdictional Telepsychology is terminated and | ||||||
15 | the E.Passport is revoked. Furthermore, that psychologist's | ||||||
16 | Temporary Authorization to Practice is terminated and the IPC | ||||||
17 | is revoked. | ||||||
18 | 1. All Home State disciplinary orders which impose | ||||||
19 | adverse action shall be reported to the Commission in | ||||||
20 | accordance with the Rules promulgated by the Commission. A | ||||||
21 | Compact State shall report adverse actions in accordance | ||||||
22 | with the Rules of the Commission. | ||||||
23 | 2. In the event discipline is reported on a | ||||||
24 | psychologist, the psychologist will not be eligible for | ||||||
25 | telepsychology or temporary in-person, face-to-face | ||||||
26 | practice in accordance with the Rules of the Commission. |
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| |||||||
1 | 3. Other actions may be imposed as determined by the | ||||||
2 | Rules promulgated by the Commission. | ||||||
3 | D. A Home State's Psychology Regulatory Authority shall | ||||||
4 | investigate and take appropriate action with respect to | ||||||
5 | reported inappropriate conduct engaged in by a licensee which | ||||||
6 | occurred in a Receiving State as it would if such conduct had | ||||||
7 | occurred by a licensee within the Home State. In such cases, | ||||||
8 | the Home State's law shall control in determining any adverse | ||||||
9 | action against a psychologist's license. | ||||||
10 | E. A Distant State's Psychology Regulatory Authority shall | ||||||
11 | investigate and take appropriate action with respect to | ||||||
12 | reported inappropriate conduct engaged in by a psychologist | ||||||
13 | practicing under Temporary Authorization Practice which | ||||||
14 | occurred in that Distant State as it would if such conduct had | ||||||
15 | occurred by a licensee within the Home State. In such cases, | ||||||
16 | Distant State's law shall control in determining any adverse | ||||||
17 | action against a psychologist's Temporary Authorization to | ||||||
18 | Practice. | ||||||
19 | F. Nothing in this Compact shall override a Compact State's | ||||||
20 | decision that a psychologist's participation in an alternative | ||||||
21 | program may be used in lieu of adverse action and that such | ||||||
22 | participation shall remain non-public if required by the | ||||||
23 | Compact State's law. Compact States must require psychologists | ||||||
24 | who enter any alternative programs to not provide | ||||||
25 | telepsychology services under the Authority to Practice | ||||||
26 | Interjurisdictional Telepsychology or provide temporary |
| |||||||
| |||||||
1 | psychological services under the Temporary Authorization to | ||||||
2 | Practice in any other Compact State during the term of the | ||||||
3 | alternative program. | ||||||
4 | G. No other judicial or administrative remedies shall be | ||||||
5 | available to a psychologist in the event a Compact State | ||||||
6 | imposes an adverse action pursuant to subsection C, above. | ||||||
7 | ARTICLE VIII | ||||||
8 | ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S | ||||||
9 | PSYCHOLOGY REGULATORY AUTHORITY | ||||||
10 | A. In addition to any other powers granted under state law, | ||||||
11 | a Compact State's Psychology Regulatory Authority shall have | ||||||
12 | the authority under this Compact to: | ||||||
13 | 1. Issue subpoenas, for both hearings and | ||||||
14 | investigations, which require the attendance and testimony | ||||||
15 | of witnesses and the production of evidence. Subpoenas | ||||||
16 | issued by a Compact State's Psychology Regulatory | ||||||
17 | Authority for the attendance and testimony of witnesses, | ||||||
18 | and/or the production of evidence from another Compact | ||||||
19 | State shall be enforced in the latter state by any court of | ||||||
20 | competent jurisdiction, according to that court's practice | ||||||
21 | and procedure in considering subpoenas issued in its own | ||||||
22 | proceedings. The issuing State Psychology Regulatory | ||||||
23 | Authority shall pay any witness fees, travel expenses, | ||||||
24 | mileage and other fees required by the service statutes of | ||||||
25 | the state where the witnesses and/or evidence are located; |
| |||||||
| |||||||
1 | and | ||||||
2 | 2. Issue cease and desist and/or injunctive relief | ||||||
3 | orders to revoke a psychologist's Authority to Practice | ||||||
4 | Interjurisdictional Telepsychology and/or Temporary | ||||||
5 | Authorization to Practice. | ||||||
6 | 3. During the course of any investigation, a | ||||||
7 | psychologist may not change his/her Home State licensure. A | ||||||
8 | Home State Psychology Regulatory Authority is authorized | ||||||
9 | to complete any pending investigations of a psychologist | ||||||
10 | and to take any actions appropriate under its law. The Home | ||||||
11 | State Psychology Regulatory Authority shall promptly | ||||||
12 | report the conclusions of such investigations to the | ||||||
13 | Commission. Once an investigation has been completed, and | ||||||
14 | pending the outcome of said investigation, the | ||||||
15 | psychologist may change his/her Home State licensure. The | ||||||
16 | Commission shall promptly notify the new Home State of any | ||||||
17 | such decisions as provided in the Rules of the Commission. | ||||||
18 | All information provided to the Commission or distributed | ||||||
19 | by Compact States pursuant to the psychologist shall be | ||||||
20 | confidential, filed under seal and used for investigatory | ||||||
21 | or disciplinary matters. The Commission may create | ||||||
22 | additional rules for mandated or discretionary sharing of | ||||||
23 | information by Compact States. | ||||||
24 | ARTICLE IX | ||||||
25 | COORDINATED LICENSURE INFORMATION SYSTEM |
| |||||||
| |||||||
1 | A. The Commission shall provide for the development and | ||||||
2 | maintenance of a Coordinated Licensure Information System | ||||||
3 | (Coordinated Database) and reporting system containing | ||||||
4 | licensure and disciplinary action information on all | ||||||
5 | psychologists individuals to whom this Compact is applicable in | ||||||
6 | all Compact States as defined by the Rules of the Commission. | ||||||
7 | B. Notwithstanding any other provision of state law to the | ||||||
8 | contrary, a Compact State shall submit a uniform data set to | ||||||
9 | the Coordinated Database on all licensees as required by the | ||||||
10 | Rules of the Commission, including: | ||||||
11 | 1. Identifying information; | ||||||
12 | 2. Licensure data; | ||||||
13 | 3. Significant investigatory information; | ||||||
14 | 4. Adverse actions against a psychologist's license; | ||||||
15 | 5. An indicator that a psychologist's Authority to | ||||||
16 | Practice Interjurisdictional Telepsychology and/or | ||||||
17 | Temporary Authorization to Practice is revoked; | ||||||
18 | 6. Non-confidential information related to alternative | ||||||
19 | program participation information; | ||||||
20 | 7. Any denial of application for licensure, and the | ||||||
21 | reasons for such denial; and | ||||||
22 | 8. Other information which may facilitate the | ||||||
23 | administration of this Compact, as determined by the Rules | ||||||
24 | of the Commission. | ||||||
25 | C. The Coordinated Database administrator shall promptly | ||||||
26 | notify all Compact States of any adverse action taken against, |
| |||||||
| |||||||
1 | or significant investigative information on, any licensee in a | ||||||
2 | Compact State. | ||||||
3 | D. Compact States reporting information to the Coordinated | ||||||
4 | Database may designate information that may not be shared with | ||||||
5 | the public without the express permission of the Compact State | ||||||
6 | reporting the information. | ||||||
7 | E. Any information submitted to the Coordinated Database | ||||||
8 | that is subsequently required to be expunged by the law of the | ||||||
9 | Compact State reporting the information shall be removed from | ||||||
10 | the Coordinated Database. | ||||||
11 | ARTICLE X | ||||||
12 | ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT | ||||||
13 | COMMISSION | ||||||
14 | A. The Compact States hereby create and establish a joint | ||||||
15 | public agency known as the Psychology Interjurisdictional | ||||||
16 | Compact Commission. | ||||||
17 | 1. The Commission is a body politic and an | ||||||
18 | instrumentality of the Compact States. | ||||||
19 | 2. Venue is proper and judicial proceedings by or | ||||||
20 | against the Commission shall be brought solely and | ||||||
21 | exclusively in a court of competent jurisdiction where the | ||||||
22 | principal office of the Commission is located. The | ||||||
23 | Commission may waive venue and jurisdictional defenses to | ||||||
24 | the extent it adopts or consents to participate in | ||||||
25 | alternative dispute resolution proceedings. |
| |||||||
| |||||||
1 | 3. Nothing in this Compact shall be construed to be a | ||||||
2 | waiver of sovereign immunity. | ||||||
3 | B. Membership, Voting, and Meetings | ||||||
4 | 1. The Commission shall consist of one voting | ||||||
5 | representative appointed by each Compact State who shall | ||||||
6 | serve as that state's Commissioner. The State Psychology | ||||||
7 | Regulatory Authority shall appoint its delegate. This | ||||||
8 | delegate shall be empowered to act on behalf of the Compact | ||||||
9 | State. This delegate shall be limited to: | ||||||
10 | a. Executive Director, Executive Secretary or | ||||||
11 | similar executive; | ||||||
12 | b. Current member of the State Psychology | ||||||
13 | Regulatory Authority of a Compact State; OR | ||||||
14 | c. Designee empowered with the appropriate | ||||||
15 | delegate authority to act on behalf of the Compact | ||||||
16 | State. | ||||||
17 | 2. Any Commissioner may be removed or suspended from | ||||||
18 | office as provided by the law of the state from which the | ||||||
19 | Commissioner is appointed. Any vacancy occurring in the | ||||||
20 | Commission shall be filled in accordance with the laws of | ||||||
21 | the Compact State in which the vacancy exists. | ||||||
22 | 3. Each Commissioner shall be entitled to one (1) vote | ||||||
23 | with regard to the promulgation of Rules and creation of | ||||||
24 | Bylaws and shall otherwise have an opportunity to | ||||||
25 | participate in the business and affairs of the Commission. | ||||||
26 | A Commissioner shall vote in person or by such other means |
| |||||||
| |||||||
1 | as provided in the Bylaws. The Bylaws may provide for | ||||||
2 | Commissioners' participation in meetings by telephone or | ||||||
3 | other means of communication. | ||||||
4 | 4. The Commission shall meet at least once during each | ||||||
5 | calendar year. Additional meetings shall be held as set | ||||||
6 | forth in the Bylaws. | ||||||
7 | 5. All meetings shall be open to the public, and public | ||||||
8 | notice of meetings shall be given in the same manner as | ||||||
9 | required under the rulemaking provisions in Article XI. | ||||||
10 | 6. The Commission may convene in a closed, non-public | ||||||
11 | meeting if the Commission must discuss: | ||||||
12 | a. Non-compliance of a Compact State with its | ||||||
13 | obligations under the Compact; | ||||||
14 | b. The employment, compensation, discipline or | ||||||
15 | other personnel matters, practices or procedures | ||||||
16 | related to specific employees or other matters related | ||||||
17 | to the Commission's internal personnel practices and | ||||||
18 | procedures; | ||||||
19 | c. Current, threatened, or reasonably anticipated | ||||||
20 | litigation against the Commission; | ||||||
21 | d. Negotiation of contracts for the purchase or | ||||||
22 | sale of goods, services or real estate; | ||||||
23 | e. Accusation against any person of a crime or | ||||||
24 | formally censuring any person; | ||||||
25 | f. Disclosure of trade secrets or commercial or | ||||||
26 | financial information which is privileged or |
| |||||||
| |||||||
1 | confidential; | ||||||
2 | g. Disclosure of information of a personal nature | ||||||
3 | where disclosure would constitute a clearly | ||||||
4 | unwarranted invasion of personal privacy; | ||||||
5 | h. Disclosure of investigatory records compiled | ||||||
6 | for law enforcement purposes; | ||||||
7 | i. Disclosure of information related to any | ||||||
8 | investigatory reports prepared by or on behalf of or | ||||||
9 | for use of the Commission or other committee charged | ||||||
10 | with responsibility for investigation or determination | ||||||
11 | of compliance issues pursuant to the Compact; or | ||||||
12 | j. Matters specifically exempted from disclosure | ||||||
13 | by federal and state statute. | ||||||
14 | 7. If a meeting, or portion of a meeting, is closed | ||||||
15 | pursuant to this provision, the Commission's legal counsel | ||||||
16 | or designee shall certify that the meeting may be closed | ||||||
17 | and shall reference each relevant exempting provision. The | ||||||
18 | Commission shall keep minutes which fully and clearly | ||||||
19 | describe all matters discussed in a meeting and shall | ||||||
20 | provide a full and accurate summary of actions taken, of | ||||||
21 | any person participating in the meeting, and the reasons | ||||||
22 | therefore, including a description of the views expressed. | ||||||
23 | All documents considered in connection with an action shall | ||||||
24 | be identified in such minutes. All minutes and documents of | ||||||
25 | a closed meeting shall remain under seal, subject to | ||||||
26 | release only by a majority vote of the Commission or order |
| |||||||
| |||||||
1 | of a court of competent jurisdiction. | ||||||
2 | C. The Commission shall, by a majority vote of the | ||||||
3 | Commissioners, prescribe Bylaws and/or Rules to govern its | ||||||
4 | conduct as may be necessary or appropriate to carry out the | ||||||
5 | purposes and exercise the powers of the Compact, including but | ||||||
6 | not limited to: | ||||||
7 | 1. Establishing the fiscal year of the Commission; | ||||||
8 | 2. Providing reasonable standards and procedures: | ||||||
9 | a. for the establishment and meetings of other | ||||||
10 | committees; and | ||||||
11 | b. governing any general or specific delegation of | ||||||
12 | any authority or function of the Commission; | ||||||
13 | 3. Providing reasonable procedures for calling and | ||||||
14 | conducting meetings of the Commission, ensuring reasonable | ||||||
15 | advance notice of all meetings and providing an opportunity | ||||||
16 | for attendance of such meetings by interested parties, with | ||||||
17 | enumerated exceptions designed to protect the public's | ||||||
18 | interest, the privacy of individuals of such proceedings, | ||||||
19 | and proprietary information, including trade secrets. The | ||||||
20 | Commission may meet in closed session only after a majority | ||||||
21 | of the Commissioners vote to close a meeting to the public | ||||||
22 | in whole or in part. As soon as practicable, the Commission | ||||||
23 | must make public a copy of the vote to close the meeting | ||||||
24 | revealing the vote of each Commissioner with no proxy votes | ||||||
25 | allowed; | ||||||
26 | 4. Establishing the titles, duties and authority and |
| |||||||
| |||||||
1 | reasonable procedures for the election of the officers of | ||||||
2 | the Commission; | ||||||
3 | 5. Providing reasonable standards and procedures for | ||||||
4 | the establishment of the personnel policies and programs of | ||||||
5 | the Commission. Notwithstanding any civil service or other | ||||||
6 | similar law of any Compact State, the Bylaws shall | ||||||
7 | exclusively govern the personnel policies and programs of | ||||||
8 | the Commission; | ||||||
9 | 6. Promulgating a Code of Ethics to address permissible | ||||||
10 | and prohibited activities of Commission members and | ||||||
11 | employees; | ||||||
12 | 7. Providing a mechanism for concluding the operations | ||||||
13 | of the Commission and the equitable disposition of any | ||||||
14 | surplus funds that may exist after the termination of the | ||||||
15 | Compact after the payment and/or reserving of all of its | ||||||
16 | debts and obligations; | ||||||
17 | 8. The Commission shall publish its Bylaws in a | ||||||
18 | convenient form and file a copy thereof and a copy of any | ||||||
19 | amendment thereto, with the appropriate agency or officer | ||||||
20 | in each of the Compact States; | ||||||
21 | 9. The Commission shall maintain its financial records | ||||||
22 | in accordance with the Bylaws; and | ||||||
23 | 10. The Commission shall meet and take such actions as | ||||||
24 | are consistent with the provisions of this Compact and the | ||||||
25 | Bylaws. | ||||||
26 | D. The Commission shall have the following powers: |
| |||||||
| |||||||
1 | 1. The authority to promulgate uniform rules to | ||||||
2 | facilitate and coordinate implementation and | ||||||
3 | administration of this Compact. The rule shall have the | ||||||
4 | force and effect of law and shall be binding in all Compact | ||||||
5 | States; | ||||||
6 | 2. To bring and prosecute legal proceedings or actions | ||||||
7 | in the name of the Commission, provided that the standing | ||||||
8 | of any State Psychology Regulatory Authority or other | ||||||
9 | regulatory body responsible for psychology licensure to | ||||||
10 | sue or be sued under applicable law shall not be affected; | ||||||
11 | 3. To purchase and maintain insurance and bonds; | ||||||
12 | 4. To borrow, accept or contract for services of | ||||||
13 | personnel, including, but not limited to, employees of a | ||||||
14 | Compact State; | ||||||
15 | 5. To hire employees, elect or appoint officers, fix | ||||||
16 | compensation, define duties, grant such individuals | ||||||
17 | appropriate authority to carry out the purposes of the | ||||||
18 | Compact, and to establish the Commission's personnel | ||||||
19 | policies and programs relating to conflicts of interest, | ||||||
20 | qualifications of personnel, and other related personnel | ||||||
21 | matters; | ||||||
22 | 6. To accept any and all appropriate donations and | ||||||
23 | grants of money, equipment, supplies, materials and | ||||||
24 | services, and to receive, utilize and dispose of the same; | ||||||
25 | provided that at all times the Commission shall strive to | ||||||
26 | avoid any appearance of impropriety and/or conflict of |
| |||||||
| |||||||
1 | interest; | ||||||
2 | 7. To lease, purchase, accept appropriate gifts or | ||||||
3 | donations of, or otherwise to own, hold, improve or use, | ||||||
4 | any property, real, personal or mixed; provided that at all | ||||||
5 | times the Commission shall strive to avoid any appearance | ||||||
6 | of impropriety; | ||||||
7 | 8. To sell, convey, mortgage, pledge, lease, exchange, | ||||||
8 | abandon or otherwise dispose of any property real, personal | ||||||
9 | or mixed; | ||||||
10 | 9. To establish a budget and make expenditures; | ||||||
11 | 10. To borrow money; | ||||||
12 | 11. To appoint committees, including advisory | ||||||
13 | committees comprised of Members, State regulators, State | ||||||
14 | legislators or their representatives, and consumer | ||||||
15 | representatives, and such other interested persons as may | ||||||
16 | be designated in this Compact and the Bylaws; | ||||||
17 | 12. To provide and receive information from, and to | ||||||
18 | cooperate with, law enforcement agencies; | ||||||
19 | 13. To adopt and use an official seal; and | ||||||
20 | 14. To perform such other functions as may be necessary | ||||||
21 | or appropriate to achieve the purposes of this Compact | ||||||
22 | consistent with the state regulation of psychology | ||||||
23 | licensure, temporary in-person, face-to-face practice and | ||||||
24 | telepsychology practice. | ||||||
25 | E. The Executive Board | ||||||
26 | The elected officers shall serve as the Executive Board, |
| |||||||
| |||||||
1 | which shall have the power to act on behalf of the Commission | ||||||
2 | according to the terms of this Compact. | ||||||
3 | 1. The Executive Board shall be comprised of six | ||||||
4 | members: | ||||||
5 | a. Five voting members who are elected from the | ||||||
6 | current membership of the Commission by the | ||||||
7 | Commission; | ||||||
8 | b. One ex-officio, nonvoting member from the | ||||||
9 | recognized membership organization composed of State | ||||||
10 | and Provincial Psychology Regulatory Authorities. | ||||||
11 | 2. The ex-officio member must have served as staff or | ||||||
12 | member on a State Psychology Regulatory Authority and will | ||||||
13 | be selected by its respective organization. | ||||||
14 | 3. The Commission may remove any member of the | ||||||
15 | Executive Board as provided in Bylaws. | ||||||
16 | 4. The Executive Board shall meet at least annually. | ||||||
17 | 5. The Executive Board shall have the following duties | ||||||
18 | and responsibilities: | ||||||
19 | a. Recommend to the entire Commission changes to | ||||||
20 | the Rules or Bylaws, changes to this Compact | ||||||
21 | legislation, fees paid by Compact States such as annual | ||||||
22 | dues, and any other applicable fees; | ||||||
23 | b. Ensure Compact administration services are | ||||||
24 | appropriately provided, contractual or otherwise; | ||||||
25 | c. Prepare and recommend the budget; | ||||||
26 | d. Maintain financial records on behalf of the |
| |||||||
| |||||||
1 | Commission; | ||||||
2 | e. Monitor Compact compliance of member states and | ||||||
3 | provide compliance reports to the Commission; | ||||||
4 | f. Establish additional committees as necessary; | ||||||
5 | and | ||||||
6 | g. Other duties as provided in Rules or Bylaws. | ||||||
7 | F. Financing of the Commission | ||||||
8 | 1. The Commission shall pay, or provide for the payment | ||||||
9 | of the reasonable expenses of its establishment, | ||||||
10 | organization and ongoing activities. | ||||||
11 | 2. The Commission may accept any and all appropriate | ||||||
12 | revenue sources, donations and grants of money, equipment, | ||||||
13 | supplies, materials and services. | ||||||
14 | 3. The Commission may levy on and collect an annual | ||||||
15 | assessment from each Compact State or impose fees on other | ||||||
16 | parties to cover the cost of the operations and activities | ||||||
17 | of the Commission and its staff which must be in a total | ||||||
18 | amount sufficient to cover its annual budget as approved | ||||||
19 | each year for which revenue is not provided by other | ||||||
20 | sources. The aggregate annual assessment amount shall be | ||||||
21 | allocated based upon a formula to be determined by the | ||||||
22 | Commission which shall promulgate a rule binding upon all | ||||||
23 | Compact States. | ||||||
24 | 4. The Commission shall not incur obligations of any | ||||||
25 | kind prior to securing the funds adequate to meet the same; | ||||||
26 | nor shall the Commission pledge the credit of any of the |
| |||||||
| |||||||
1 | Compact States, except by and with the authority of the | ||||||
2 | Compact State. | ||||||
3 | 5. The Commission shall keep accurate accounts of all | ||||||
4 | receipts and disbursements. The receipts and disbursements | ||||||
5 | of the Commission shall be subject to the audit and | ||||||
6 | accounting procedures established under its Bylaws. | ||||||
7 | However, all receipts and disbursements of funds handled by | ||||||
8 | the Commission shall be audited yearly by a certified or | ||||||
9 | licensed public accountant and the report of the audit | ||||||
10 | shall be included in and become part of the annual report | ||||||
11 | of the Commission. | ||||||
12 | G. Qualified Immunity, Defense, and Indemnification | ||||||
13 | 1. The members, officers, Executive Director, | ||||||
14 | employees and representatives of the Commission shall be | ||||||
15 | immune from suit and liability, either personally or in | ||||||
16 | their official capacity, for any claim for damage to or | ||||||
17 | loss of property or personal injury or other civil | ||||||
18 | liability caused by or arising out of any actual or alleged | ||||||
19 | act, error or omission that occurred, or that the person | ||||||
20 | against whom the claim is made had a reasonable basis for | ||||||
21 | believing occurred within the scope of Commission | ||||||
22 | employment, duties or responsibilities; provided that | ||||||
23 | nothing in this paragraph shall be construed to protect any | ||||||
24 | such person from suit and/or liability for any damage, | ||||||
25 | loss, injury or liability caused by the intentional or | ||||||
26 | willful or wanton misconduct of that person. |
| |||||||
| |||||||
1 | 2. The Commission shall defend any member, officer, | ||||||
2 | Executive Director, employee or representative of the | ||||||
3 | Commission in any civil action seeking to impose liability | ||||||
4 | arising out of any actual or alleged act, error or omission | ||||||
5 | that occurred within the scope of Commission employment, | ||||||
6 | duties or responsibilities, or that the person against whom | ||||||
7 | the claim is made had a reasonable basis for believing | ||||||
8 | occurred within the scope of Commission employment, duties | ||||||
9 | or responsibilities; provided that nothing herein shall be | ||||||
10 | construed to prohibit that person from retaining his or her | ||||||
11 | own counsel; and provided further, that the actual or | ||||||
12 | alleged act, error or omission did not result from that | ||||||
13 | person's intentional or willful or wanton misconduct. | ||||||
14 | 3. The Commission shall indemnify and hold harmless any | ||||||
15 | member, officer, Executive Director, employee or | ||||||
16 | representative of the Commission for the amount of any | ||||||
17 | settlement or judgment obtained against that person | ||||||
18 | arising out of any actual or alleged act, error or omission | ||||||
19 | that occurred within the scope of Commission employment, | ||||||
20 | duties or responsibilities, or that such person had a | ||||||
21 | reasonable basis for believing occurred within the scope of | ||||||
22 | Commission employment, duties or responsibilities, | ||||||
23 | provided that the actual or alleged act, error or omission | ||||||
24 | did not result from the intentional or willful or wanton | ||||||
25 | misconduct of that person. |
| |||||||
| |||||||
1 | ARTICLE XI | ||||||
2 | RULEMAKING | ||||||
3 | A. The Commission shall exercise its rulemaking powers | ||||||
4 | pursuant to the criteria set forth in this Article and the | ||||||
5 | Rules adopted thereunder. Rules and amendments shall become | ||||||
6 | binding as of the date specified in each rule or amendment. | ||||||
7 | B. If a majority of the legislatures of the Compact States | ||||||
8 | rejects a rule, by enactment of a statute or resolution in the | ||||||
9 | same manner used to adopt the Compact, then such rule shall | ||||||
10 | have no further force and effect in any Compact State. | ||||||
11 | C. Rules or amendments to the rules shall be adopted at a | ||||||
12 | regular or special meeting of the Commission. | ||||||
13 | D. Prior to promulgation and adoption of a final rule or | ||||||
14 | Rules by the Commission, and at least sixty (60) days in | ||||||
15 | advance of the meeting at which the rule will be considered and | ||||||
16 | voted upon, the Commission shall file a Notice of Proposed | ||||||
17 | Rulemaking: | ||||||
18 | 1. On the website of the Commission; and | ||||||
19 | 2. On the website of each Compact States' Psychology | ||||||
20 | Regulatory Authority or the publication in which each state | ||||||
21 | would otherwise publish proposed rules. | ||||||
22 | E. The Notice of Proposed Rulemaking shall include: | ||||||
23 | 1. The proposed time, date, and location of the meeting | ||||||
24 | in which the rule will be considered and voted upon; | ||||||
25 | 2. The text of the proposed rule or amendment and the | ||||||
26 | reason for the proposed rule; |
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1 | 3. A request for comments on the proposed rule from any | ||||||
2 | interested person; and | ||||||
3 | 4. The manner in which interested persons may submit | ||||||
4 | notice to the Commission of their intention to attend the | ||||||
5 | public hearing and any written comments. | ||||||
6 | F. Prior to adoption of a proposed rule, the Commission | ||||||
7 | shall allow persons to submit written data, facts, opinions and | ||||||
8 | arguments, which shall be made available to the public. | ||||||
9 | G. The Commission shall grant an opportunity for a public | ||||||
10 | hearing before it adopts a rule or amendment if a hearing is | ||||||
11 | requested by: | ||||||
12 | 1. At least twenty-five (25) persons who submit | ||||||
13 | comments independently of each other; | ||||||
14 | 2. A governmental subdivision or agency; or | ||||||
15 | 3. A duly appointed person in an association that has | ||||||
16 | having at least twenty-five (25) members. | ||||||
17 | H. If a hearing is held on the proposed rule or amendment, | ||||||
18 | the Commission shall publish the place, time, and date of the | ||||||
19 | scheduled public hearing. | ||||||
20 | 1. All persons wishing to be heard at the hearing shall | ||||||
21 | notify the Executive Director of the Commission or other | ||||||
22 | designated member in writing of their desire to appear and | ||||||
23 | testify at the hearing not less than five (5) business days | ||||||
24 | before the scheduled date of the hearing. | ||||||
25 | 2. Hearings shall be conducted in a manner providing | ||||||
26 | each person who wishes to comment a fair and reasonable |
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1 | opportunity to comment orally or in writing. | ||||||
2 | 3. No transcript of the hearing is required, unless a | ||||||
3 | written request for a transcript is made, in which case the | ||||||
4 | person requesting the transcript shall bear the cost of | ||||||
5 | producing the transcript. A recording may be made in lieu | ||||||
6 | of a transcript under the same terms and conditions as a | ||||||
7 | transcript. This subsection shall not preclude the | ||||||
8 | Commission from making a transcript or recording of the | ||||||
9 | hearing if it so chooses. | ||||||
10 | 4. Nothing in this section shall be construed as | ||||||
11 | requiring a separate hearing on each rule. Rules may be | ||||||
12 | grouped for the convenience of the Commission at hearings | ||||||
13 | required by this section. | ||||||
14 | I. Following the scheduled hearing date, or by the close of | ||||||
15 | business on the scheduled hearing date if the hearing was not | ||||||
16 | held, the Commission shall consider all written and oral | ||||||
17 | comments received. | ||||||
18 | J. The Commission shall, by majority vote of all members, | ||||||
19 | take final action on the proposed rule and shall determine the | ||||||
20 | effective date of the rule, if any, based on the rulemaking | ||||||
21 | record and the full text of the rule. | ||||||
22 | K. If no written notice of intent to attend the public | ||||||
23 | hearing by interested parties is received, the Commission may | ||||||
24 | proceed with promulgation of the proposed rule without a public | ||||||
25 | hearing. | ||||||
26 | L. Upon determination that an emergency exists, the |
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1 | Commission may consider and adopt an emergency rule without | ||||||
2 | prior notice, opportunity for comment, or hearing, provided | ||||||
3 | that the usual rulemaking procedures provided in the Compact | ||||||
4 | and in this section shall be retroactively applied to the rule | ||||||
5 | as soon as reasonably possible, in no event later than ninety | ||||||
6 | (90) days after the effective date of the rule. For the | ||||||
7 | purposes of this provision, an emergency rule is one that must | ||||||
8 | be adopted immediately in order to: | ||||||
9 | 1. Meet an imminent threat to public health, safety, or | ||||||
10 | welfare; | ||||||
11 | 2. Prevent a loss of Commission or Compact State funds; | ||||||
12 | 3. Meet a deadline for the promulgation of an | ||||||
13 | administrative rule that is established by federal law or | ||||||
14 | rule; or | ||||||
15 | 4. Protect public health and safety. | ||||||
16 | M. The Commission or an authorized committee of the | ||||||
17 | Commission may direct revisions to a previously adopted rule or | ||||||
18 | amendment for purposes of correcting typographical errors, | ||||||
19 | errors in format, errors in consistency, or grammatical errors. | ||||||
20 | Public notice of any revisions shall be posted on the website | ||||||
21 | of the Commission. The revision shall be subject to challenge | ||||||
22 | by any person for a period of thirty (30) days after posting. | ||||||
23 | The revision may be challenged only on grounds that the | ||||||
24 | revision results in a material change to a rule. | ||||||
25 | A challenge shall be made in writing, and delivered to the | ||||||
26 | Chair of the Commission prior to the end of the notice period. |
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1 | If no challenge is made, the revision will take effect without | ||||||
2 | further action. If the revision is challenged, the revision may | ||||||
3 | not take effect without the approval of the Commission. | ||||||
4 | ARTICLE XII | ||||||
5 | OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT | ||||||
6 | A. Oversight | ||||||
7 | 1. The Executive, Legislative and Judicial branches of | ||||||
8 | state government in each Compact State shall enforce this | ||||||
9 | Compact and take all actions necessary and appropriate to | ||||||
10 | effectuate the Compact's purposes and intent. The | ||||||
11 | provisions of this Compact and the rules promulgated | ||||||
12 | hereunder shall have standing as statutory law. | ||||||
13 | 2. All courts shall take judicial notice of the Compact | ||||||
14 | and the rules in any judicial or administrative proceeding | ||||||
15 | in a Compact State pertaining to the subject matter of this | ||||||
16 | Compact which may affect the powers, responsibilities or | ||||||
17 | actions of the Commission. | ||||||
18 | 3. The Commission shall be entitled to receive service | ||||||
19 | of process in any such proceeding, and shall have standing | ||||||
20 | to intervene in such a proceeding for all purposes. Failure | ||||||
21 | to provide service of process to the Commission shall | ||||||
22 | render a judgment or order void as to the Commission, this | ||||||
23 | Compact or promulgated rules. | ||||||
24 | B. Default, Technical Assistance, and Termination | ||||||
25 | 1. If the Commission determines that a Compact State |
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1 | has defaulted in the performance of its obligations or | ||||||
2 | responsibilities under this Compact or the promulgated | ||||||
3 | rules, the Commission shall: | ||||||
4 | a. Provide written notice to the defaulting state | ||||||
5 | and other Compact States of the nature of the default, | ||||||
6 | the proposed means of remedying the default and/or any | ||||||
7 | other action to be taken by the Commission; and | ||||||
8 | b. Provide remedial training and specific | ||||||
9 | technical assistance regarding the default. | ||||||
10 | 2. If a state in default fails to remedy the default, | ||||||
11 | the defaulting state may be terminated from the Compact | ||||||
12 | upon an affirmative vote of a majority of the Compact | ||||||
13 | States, and all rights, privileges and benefits conferred | ||||||
14 | by this Compact shall be terminated on the effective date | ||||||
15 | of termination. A remedy of the default does not relieve | ||||||
16 | the offending state of obligations or liabilities incurred | ||||||
17 | during the period of default. | ||||||
18 | 3. Termination of membership in the Compact shall be | ||||||
19 | imposed only after all other means of securing compliance | ||||||
20 | have been exhausted. Notice of intent to suspend or | ||||||
21 | terminate shall be submitted by the Commission to the | ||||||
22 | Governor, the majority and minority leaders of the | ||||||
23 | defaulting state's legislature, and each of the Compact | ||||||
24 | States. | ||||||
25 | 4. A Compact State which has been terminated is | ||||||
26 | responsible for all assessments, obligations and |
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1 | liabilities incurred through the effective date of | ||||||
2 | termination, including obligations which extend beyond the | ||||||
3 | effective date of termination. | ||||||
4 | 5. The Commission shall not bear any costs incurred by | ||||||
5 | the state which is found to be in default or which has been | ||||||
6 | terminated from the Compact, unless agreed upon in writing | ||||||
7 | between the Commission and the defaulting state. | ||||||
8 | 6. The defaulting state may appeal the action of the | ||||||
9 | Commission by petitioning the U.S. District Court for the | ||||||
10 | state of Georgia or the federal district where the Compact | ||||||
11 | has its principal offices. The prevailing member shall be | ||||||
12 | awarded all costs of such litigation, including reasonable | ||||||
13 | attorney's fees. | ||||||
14 | C. Dispute Resolution | ||||||
15 | 1. Upon request by a Compact State, the Commission | ||||||
16 | shall attempt to resolve disputes related to the Compact | ||||||
17 | which arise among Compact States and between Compact and | ||||||
18 | Non-Compact States. | ||||||
19 | 2. The Commission shall promulgate a rule providing for | ||||||
20 | both mediation and binding dispute resolution for disputes | ||||||
21 | that arise before the commission. | ||||||
22 | D. Enforcement | ||||||
23 | 1. The Commission, in the reasonable exercise of its | ||||||
24 | discretion, shall enforce the provisions and Rules of this | ||||||
25 | Compact. | ||||||
26 | 2. By majority vote, the Commission may initiate legal |
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1 | action in the United States District Court for the State of | ||||||
2 | Georgia or the federal district where the Compact has its | ||||||
3 | principal offices against a Compact State in default to | ||||||
4 | enforce compliance with the provisions of the Compact and | ||||||
5 | its promulgated Rules and Bylaws. The relief sought may | ||||||
6 | include both injunctive relief and damages. In the event | ||||||
7 | judicial enforcement is necessary, the prevailing member | ||||||
8 | shall be awarded all costs of such litigation, including | ||||||
9 | reasonable attorney's fees. | ||||||
10 | 3. The remedies herein shall not be the exclusive | ||||||
11 | remedies of the Commission. The Commission may pursue any | ||||||
12 | other remedies available under federal or state law. | ||||||
13 | ARTICLE XIII | ||||||
14 | DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL | ||||||
15 | COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND | ||||||
16 | AMENDMENTS | ||||||
17 | A. The Compact shall come into effect on the date on which | ||||||
18 | the Compact is enacted into law in the seventh Compact State. | ||||||
19 | The provisions which become effective at that time shall be | ||||||
20 | limited to the powers granted to the Commission relating to | ||||||
21 | assembly and the promulgation of rules. Thereafter, the | ||||||
22 | Commission shall meet and exercise rulemaking powers necessary | ||||||
23 | to the implementation and administration of the Compact. | ||||||
24 | B. Any state which joins the Compact subsequent to the | ||||||
25 | Commission's initial adoption of the rules shall be subject to |
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1 | the rules as they exist on the date on which the Compact | ||||||
2 | becomes law in that state. Any rule which has been previously | ||||||
3 | adopted by the Commission shall have the full force and effect | ||||||
4 | of law on the day the Compact becomes law in that state. | ||||||
5 | C. Any Compact State may withdraw from this Compact by | ||||||
6 | enacting a statute repealing the same. | ||||||
7 | 1. A Compact State's withdrawal shall not take effect | ||||||
8 | until six (6) months after enactment of the repealing | ||||||
9 | statute. | ||||||
10 | 2. Withdrawal shall not affect the continuing | ||||||
11 | requirement of the withdrawing State's Psychology | ||||||
12 | Regulatory Authority to comply with the investigative and | ||||||
13 | adverse action reporting requirements of this act prior to | ||||||
14 | the effective date of withdrawal. | ||||||
15 | D. Nothing contained in this Compact shall be construed to | ||||||
16 | invalidate or prevent any psychology licensure agreement or | ||||||
17 | other cooperative arrangement between a Compact State and a | ||||||
18 | Non-Compact State which does not conflict with the provisions | ||||||
19 | of this Compact. | ||||||
20 | E. This Compact may be amended by the Compact States. No | ||||||
21 | amendment to this Compact shall become effective and binding | ||||||
22 | upon any Compact State until it is enacted into the law of all | ||||||
23 | Compact States. | ||||||
24 | ARTICLE XIV | ||||||
25 | CONSTRUCTION AND SEVERABILITY |
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1 | This Compact shall be liberally construed so as to | ||||||
2 | effectuate the purposes thereof. If this Compact shall be held | ||||||
3 | contrary to the constitution of any state member thereto, the | ||||||
4 | Compact shall remain in full force and effect as to the | ||||||
5 | remaining Compact States.
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6 | Section 90. The Clinical Psychologist Licensing Act is | ||||||
7 | amended by adding Section 11.11 as follows: | ||||||
8 | (225 ILCS 15/11.11 new) | ||||||
9 | Sec. 11.11. Psychology Interjurisdictional Compact Act. A | ||||||
10 | clinical psychologist licensed under this Act is subject to the | ||||||
11 | provisions of the Psychology Interjurisdictional Compact Act.
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12 | Section 99. Effective date. This Act takes effect January | ||||||
13 | 1, 2020.".
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