PSYCHOLOGY INTERSTATE COMPACT

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HOUSE BILL NO. 241

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVES D.NELSON, Prax

Introduced: 1/20/26
Referred: Labor and Commerce, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to a psychology interjurisdictional compact; and relating to the 1
practice of psychology." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 08.86.070 is amended to read: 4
Sec. 08.86.070. Duties of the board. The board shall 5
(1) establish objective examination requirements for persons who 6
apply for a license to practice psychology in the state; 7
(2) examine, or cause to be examined, eligible license applicants; 8
(3) approve the issuance of licenses to qualified applicants; 9
(4) adopt regulations establishing standards for the practice of 10
psychology; 11
(5) impose disciplinary sanctions as authorized by this chapter; 12
(6) adopt regulations requiring proof of continued competency for 13
license renewal; 14
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(7) review, when requested by the department, the quality and 1
availability of psychological services in the state; 2
(8) compile information for submission to the department on the 3
practice of psychology by psychologists and psychological associates in the state; 4
(9) implement the Psychology Interjurisdictional Compact under 5
AS 08.86.225. 6
* Sec. 2. AS 08.86.130(a) is amended to read: 7
(a) The board shall issue a psychologist license to a person who 8
(1) holds an earned doctorate degree, from an academic institution 9
whose program of graduate study for a doctorate degree in psychology meets the 10
criteria established by the board by regulation, in 11
(A) clinical psychology; 12
(B) counseling psychology; or 13
(C) education in a field of specialization considered equivalent 14
by the board; 15
(2) has not engaged in dishonorable conduct related to the practice of 16
counseling or psychometry; 17
(3) has one year of post doctoral supervised experience approved by 18
the board; [AND] 19
(4) takes and passes the objective examination developed or approved 20
by the board; and 21
(5) has been fingerprinted and has provided the fees required by 22
the Department of Public Safety under AS 12.62.160 for criminal justice 23
information and a national criminal history record check; the fingerprints and 24
fees shall be forwarded to the Department of Public Safety to obtain a report of 25
criminal justice information under AS 12.62 and a national criminal history 26
record check under AS 12.62.400. 27
* Sec. 3. AS 08.86.140(a) is amended to read: 28
(a) The department shall set fees under AS 08.01.065 for the following: 29
(1) application; 30
(2) examination; 31
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(3) credential review; 1
(4) initial license; 2
(5) license renewal; 3
(6) authority to practice under AS 08.86.225. 4
* Sec. 4. AS 08.86.150 is amended to read: 5
Sec. 08.86.150. License by credentials. A person who is licensed or certified 6
as a psychologist by a licensing authority other than the state is entitled to be licensed 7
in the state without examination if the person applies on the proper application form, 8
submits proof of continued competence as required by regulation of the board, 9
submits the person's fingerprints and fees as required under (b) of this section, 10
pays the credential review fee, and the person 11
(1) holds a doctoral degree with primary emphasis on psychology that 12
satisfies the requirements of AS 08.86.130 and the examination and qualification 13
requirements for the person's out-of-state license or certificate were essentially similar 14
to or higher than the examination and qualification requirements for licensure under 15
this chapter; 16
(2) is a diplomate in good standing of the American Board of 17
Professional Psychology; or 18
(3) is certified or registered with a credentialing organization in 19
psychology approved by the board in regulation and with requirements essentially 20
similar to or higher than the requirements for licensure under this chapter. 21
* Sec. 5. AS 08.86.150 is amended by adding a new subsection to read: 22
(b) An applicant for a license by credentials shall submit to the board the 23
applicant's fingerprints and the fees required by the Department of Public Safety under 24
AS 12.62.160 for criminal justice information and a national criminal history record 25
check. The board shall forward the fingerprints and fees to the Department of Public 26
Safety to obtain a report of criminal justice information under AS 12.62 and a national 27
criminal history record check under AS 12.62.400. 28
* Sec. 6. AS 08.86 is amended by adding a new section to article 3 to read: 29
Sec. 08.86.155. Exemption from criminal justice information and criminal 30
history record check. A psychologist holding a valid license under this chapter on the 31
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effective date of this Act is exempt from the requirements of AS 08.86.130(a)(5) and 1
08.86.150(b), but is otherwise subject to this chapter. 2
* Sec. 7. AS 08.86.170(a) is amended to read: 3
(a) Unless licensed under this chapter or granted authority to practice 4
under AS 08.86.225, a person may not use the title "psychologist" or a title, 5
designation, or device indicating or tending to indicate that the person is a 6
psychologist or practices psychology. 7
* Sec. 8. AS 08.86.180(b) is amended to read: 8
(b) This section does not apply to 9
(1) a person employed as a school psychologist, if the school district 10
maintains appropriate supervision of psychological activities and professional conduct, 11
and if the person is performing the psychological activities as part of the duties for 12
which the person was employed, is performing the activities solely within the facilities 13
of the school district in which the person is employed or under the supervision of the 14
school district, and does not render or offer to render psychological services to the 15
public for compensation in addition to the salary the person receives from the school 16
district; 17
(2) an officer or employee of the United States government practicing 18
psychology while in the discharge of the officer's or employee's official duties; 19
(3) a student, intern, or resident in psychology pursuing a course of 20
study approved by the board as qualifying training and experience for a psychologist, 21
if that person's activities constitute a part of that person's supervised course of study 22
and that person is designated by titles such as "psychology intern" or "psychology 23
trainee"; 24
(4) a qualified member of another profession, in doing work of a 25
psychological nature consistent with that person's training and consistent with the code 26
of ethics of that person's profession, if the person does not hold out to the public by a 27
title or description of services incorporating the words "psychology," "psychological," 28
"psychologist," "psychometry," "psychotherapy," "psychotherapeutic," 29
"psychotherapist," "psychoanalysis," or "psychoanalyst" or represent to be trained, 30
experienced, or qualified to render services in the field of psychology; [OR] 31
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(5) a physician engaged in the normal practice of medicine for which 1
the physician is licensed under AS 08.64; or 2
(6) a person granted authority to practice under AS 08.86.225. 3
* Sec. 9. AS 08.86 is amended by adding a new section to read: 4
Article 5A. Psychology Interjurisdictional Compact. 5
Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 6
Compact as contained in this section is enacted into law and entered into on behalf of 7
the state with all other states and jurisdictions legally joining it in a form substantially 8
as follows: 9
ARTICLE 1. PURPOSE 10
Whereas, states license psychologists, in order to protect the public through 11
verification of education, training and experience and ensure accountability for 12
professional practice; and 13
Whereas, this Compact is intended to regulate the day to day practice of 14
telepsychology (i.e. the provision of psychological services using telecommunication 15
technologies) by psychologists across state boundaries in the performance of their 16
psychological practice as assigned by an appropriate authority; and 17
Whereas, this Compact is intended to regulate the temporary in-person, face-18
to-face practice of psychology by psychologists across state boundaries for 30 days 19
within a calendar year in the performance of their psychological practice as assigned 20
by an appropriate authority; 21
Whereas, this Compact is intended to authorize state psychology regulatory 22
authorities to afford legal recognition, in a manner consistent with the terms of the 23
Compact, to psychologists licensed in another state; 24
Whereas, this Compact recognizes that states have a vested interest in 25
protecting the public's health and safety through their licensing and regulation of 26
psychologists and that such state regulation will best protect public health and safety; 27
Whereas, this Compact does not apply when a psychologist is licensed in both 28
the home and receiving states; and 29
Whereas, this Compact does not apply to permanent in-person, face-to-face 30
practice, it does allow for authorization of temporary psychological practice. 31
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Consistent with these principles, this Compact is designed to achieve the 1
following purposes and objectives: 2
(1) Increase public access to professional psychological services by 3
allowing for telepsychological practice across state lines as well as temporary in-4
person, face-to-face services in a state which the psychologist is not licensed to 5
practice psychology; 6
(2) Enhance the states' ability to protect the public's health and safety, 7
especially client/patient safety; 8
(3) Encourage the cooperation of compact states in the areas of 9
psychology licensure and regulation; 10
(4) Facilitate the exchange of information between compact states 11
regarding psychologist licensure, adverse actions and disciplinary history; 12
(5) Promote compliance with the laws governing psychological 13
practice in each compact state; and 14
(6) Invest all compact states with the authority to hold licensed 15
psychologists accountable through the mutual recognition of compact state licenses. 16
ARTICLE II. DEFINITIONS 17
As used in this Compact, unless the context clearly requires a different 18
construction, 19
(1) "adverse action" means any action taken by a state psychology 20
regulatory authority which finds a violation of a statute or regulation that is identified 21
by the state psychology regulatory authority as discipline and is a matter of public 22
record; 23
(2) "Association of State and Provincial Psychology Boards" means 24
the recognized membership organization composed of State and Provincial 25
Psychology Regulatory Authorities responsible for the licensure and registration of 26
psychologists throughout the United States and Canada; 27
(3) "authority to practice interjurisdictional telepsychology" means a 28
licensed psychologist's authority to practice telepsychology, within the limits 29
authorized under this Compact, in another compact state; 30
(4) "bylaws" means those bylaws established by the Psychology 31
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Interjurisdictional Compact Commission pursuant to Article X for its governance, or 1
for directing and controlling its actions and conduct; 2
(5) "client/patient" means the recipient of psychological services, 3
whether psychological services are delivered in the context of healthcare, corporate, 4
supervision, or consulting services; 5
(6) "commissioner" means the voting representative appointed by each 6
state psychology regulatory authority pursuant to Article X; 7
(7) "compact state" means a state, the District of Columbia, or United 8
States territory that has enacted this Compact legislation and which has not withdrawn 9
pursuant to Article XIII(c) or been terminated pursuant to Article XII(b); 10
(8) "coordinated licensure information system" and "coordinated 11
database" mean an integrated process for collecting, storing, and sharing information 12
on psychologists' licensure and enforcement activities related to psychology licensure 13
laws, which is administered by the recognized membership organization composed of 14
state and provincial psychology regulatory authorities; 15
(9) "confidentiality" means the principle that data or information is not 16
made available or disclosed to unauthorized persons or processes; 17
(10) "day" means any part of a day in which psychological work is 18
performed; 19
(11) "distant state" means the compact state where a psychologist is 20
physically present (not through the use of telecommunications technologies), to 21
provide temporary in-person, face-to-face psychological services; 22
(12) "E.Passport" means a certificate issued by the Association of State 23
and Provincial Psychology Boards that promotes the standardization in the criteria of 24
interjurisdictional telepsychology practice and facilitates the process for licensed 25
psychologists to provide telepsychological services across state lines; 26
(13) "executive board" means a group of directors elected or appointed 27
to act on behalf of, and within the powers granted to them by, the Commission; 28
(14) "home state" means a compact state where a psychologist is 29
licensed to practice psychology; if the psychologist is licensed in more than one 30
compact state and is practicing under the authorization to practice interjurisdictional 31
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telepsychology, the home state is the compact state where the psychologist is 1
physically present when the telepsychological services are delivered, or if the 2
psychologist is licensed in more than one compact state and is practicing under the 3
temporary authorization to practice, the home state is any compact state where the 4
psychologist is licensed; 5
(15) "identity history summary" means a summary of information 6
retained by the Federal Bureau of Investigation, or other designee with similar 7
authority, in connection with arrests and, in some instances, federal employment, 8
naturalization, or military service; 9
(16) "in-person, face-to-face" means interactions in which the 10
psychologist and the client/patient are in the same physical space and which does not 11
include interactions that may occur through the use of telecommunication 12
technologies; 13
(17) "interjurisdictional practice certificate" and "IPC" mean a 14
certificate issued by the Association of State and Provincial Psychology Boards that 15
grants temporary authority to practice based on notification to the state psychology 16
regulatory authority of intention to practice temporarily, and verification of one's 17
qualifications for such practice; 18
(18) "license" means authorization by a state psychology regulatory 19
authority to engage in the independent practice of psychology, which would be 20
unlawful without the authorization; 21
(19) "non-compact state" means any state which is not at the time a 22
compact state; 23
(20) "psychologist" means an individual licensed for the independent 24
practice of psychology; 25
(21) "Psychology Interjurisdictional Compact Commission" and 26
"Commission" mean the national administration of which all compact states are 27
members; 28
(22) "receiving state" means a compact state where the client/patient is 29
physically located when the telepsychological services are delivered; 30
(23) "rule" means a written statement by the Psychology 31
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Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 1
Compact that is of general applicability, implements, interprets, or prescribes a policy 2
or provision of the Compact, or an organizational, procedural, or practice requirement 3
of the Commission and has the force and effect of statutory law in a compact state, and 4
includes the amendment, repeal or suspension of an existing rule; 5
(24) "significant investigatory information" means 6
(A) investigative information that a state psychology regulatory 7
authority, after a preliminary inquiry that includes notification and an 8
opportunity to respond if required by state law, has reason to believe, if proven 9
true, would indicate more than a violation of state statute or ethics code that 10
would be considered more substantial than a minor infraction; or 11
(B) investigative information that indicates that the 12
psychologist represents an immediate threat to public health and safety 13
regardless of whether the psychologist has been notified or had an opportunity 14
to respond; 15
(25) "state" means a state, commonwealth, territory, or possession of 16
the United States, or the District of Columbia; 17
(26) "state psychology regulatory authority" means the board, office or 18
other agency with the legislative mandate to license and regulate the practice of 19
psychology; 20
(27) "telepsychology" means the provision of psychological services 21
using telecommunication technologies; 22
(28) "temporary authorization to practice" means a licensed 23
psychologist's authority to conduct temporary in-person, face-to-face practice, within 24
the limits authorized under this Compact, in another compact state; 25
(29) "temporary in-person, face-to-face practice" means where a 26
psychologist is physically present (not through the use of telecommunications 27
technologies), in the distant state to provide for the practice of psychology for 30 days 28
within a calendar year and based on notification to the distant state. 29
ARTICLE III. HOME STATE LICENSURE 30
(a) The home state shall be a compact state where a psychologist is licensed to 31
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practice psychology. 1
(b) A psychologist may hold one or more compact state licenses at a time. If 2
the psychologist is licensed in more than one compact state, the home state is the 3
compact state where the psychologist is physically present when the services are 4
delivered as authorized by the authority to practice interjurisdictional telepsychology 5
under the terms of this Compact. 6
(c) Any compact state may require a psychologist not previously licensed in a 7
compact state to obtain and retain a license to be authorized to practice in the compact 8
state under circumstances not authorized by the authority to practice interjurisdictional 9
telepsychology under the terms of this Compact. 10
(d) Any compact state may require a psychologist to obtain and retain a 11
license to be authorized to practice in a compact state under circumstances not 12
authorized by temporary authorization to practice under the terms of this Compact. 13
(e) A home state's license authorizes a psychologist to practice in a receiving 14
state under the authority to practice interjurisdictional telepsychology only if the 15
compact state 16
(1) currently requires the psychologist to hold an active E.Passport; 17
(2) has a mechanism in place for receiving and investigating 18
complaints about licensed individuals; 19
(3) notifies the Commission, in compliance with the terms herein, of 20
any adverse action or significant investigatory information regarding a licensed 21
individual; 22
(4) requires an identity history summary of all applicants at initial 23
licensure, including the use of the results of fingerprints or other biometric data checks 24
compliant with the requirements of the Federal Bureau of Investigation, or other 25
designee with similar authority, no later than ten years after activation of the Compact; 26
and 27
(5) complies with the bylaws and rules of the Commission. 28
(f) A home state's license grants temporary authorization to practice to a 29
psychologist in a distant state only if the compact state 30
(1) currently requires the psychologist to hold an active IPC; 31
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(2) has a mechanism in place for receiving and investigating 1
complaints about licensed individuals; 2
(3) notifies the Commission, in compliance with the terms herein, of 3
any adverse action or significant investigatory information regarding a licensed 4
individual; 5
(4) requires an identity history summary of all applicants at initial 6
licensure, including the use of the results of fingerprints or other biometric data checks 7
compliant with the requirements of the Federal Bureau of Investigation, or other 8
designee with similar authority, no later than ten years after activation of the Compact; 9
and 10
(5) complies with the bylaws and rules of the Commission. 11
ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY 12
(a) Compact states shall recognize the right of a psychologist, licensed in a 13
compact state in conformance with Article III, to practice telepsychology in other 14
compact states (receiving states) in which the psychologist is not licensed, under the 15
authority to practice interjurisdictional telepsychology as provided in the Compact. 16
(b) To exercise the authority to practice interjurisdictional telepsychology 17
under the terms and provisions of this Compact, a psychologist licensed to practice in 18
a compact state must 19
(1) hold a graduate degree in psychology from an institute of higher 20
education that was, at the time the degree was awarded 21
(A) regionally accredited by an accrediting body recognized by 22
the United States Department of Education to grant graduate degrees, or 23
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 24
(B) a foreign college or university deemed to be equivalent to 25
(b)(1)(A) of this Article by a foreign credential evaluation service that is a 26
member of the National Association of Credential Evaluation Services or by a 27
recognized foreign credential evaluation service; and 28
(2) hold a graduate degree in psychology that meets the following 29
criteria: 30
(A) the program, wherever it may be administratively housed, 31
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must be clearly identified and labeled as a psychology program. Such a 1
program must specify in pertinent institutional catalogues and brochures its 2
intent to educate and train professional psychologists; 3
(B) the psychology program must stand as a recognizable, 4
coherent, organizational entity within the institution; 5
(C) there must be a clear authority and primary responsibility 6
for the core and specialty areas whether or not the program cuts across 7
administrative lines; 8
(D) the program must consist of an integrated, organized 9
sequence of study; 10
(E) there must be an identifiable psychology faculty sufficient 11
in size and breadth to carry out its responsibilities; 12
(F) the designated director of the program must be a 13
psychologist and a member of the core faculty; 14
(G) the program must have an identifiable body of students 15
who are matriculated in that program for a degree; 16
(H) the program must include supervised practicum, internship, 17
or field training appropriate to the practice of psychology; 18
(I) the curriculum shall encompass a minimum of three 19
academic years of full-time graduate study for doctoral degree and a minimum 20
of one academic year of full-time graduate study for master's degree; 21
(J) the program includes an acceptable residency as defined by 22
the rules of the Commission. 23
(3) possess a current, full and unrestricted license to practice 24
psychology in a home state which is a compact state; 25
(4) have no history of adverse action that violate the rules of the 26
Commission; 27
(5) have no criminal record history reported on an identity history 28
summary that violates the rules of the Commission; 29
(6) possess a current, active E.Passport; 30
(7) provide attestations in regard to areas of intended practice, 31
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conformity with standards of practice, competence in telepsychology technology; 1
criminal background; and knowledge and adherence to legal requirements in the home 2
and receiving states, and provide a release of information to allow for primary source 3
verification in a manner specified by the Commission; and 4
(8) meet other criteria as defined by the rules of the Commission. 5
(c) The home state maintains authority over the license of any psychologist 6
practicing in a receiving state under the authority to practice interjurisdictional 7
telepsychology. 8
(d) A psychologist practicing in a receiving state under the authority to 9
practice interjurisdictional telepsychology will be subject to the receiving state's scope 10
of practice. A receiving state may, in accordance with that state's due process law, 11
limit or revoke a psychologist's authority to practice interjurisdictional telepsychology 12
in the receiving state and may take any other necessary actions under the receiving 13
state's applicable law to protect the health and safety of the receiving state's citizens. If 14
a receiving state takes action, the state shall promptly notify the home state and the 15
Commission. 16
(e) If a psychologist's license in any home state, another compact state, or any 17
authority to practice interjurisdictional telepsychology in any receiving state, is 18
restricted, suspended or otherwise limited, the E.Passport shall be revoked and 19
therefore the psychologist shall not be eligible to practice telepsychology in a compact 20
state under the authority to practice interjurisdictional telepsychology. 21
ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE 22
(a) Compact states shall also recognize the right of a psychologist, licensed in 23
a compact state in conformance with Article III, to practice temporarily in other 24
compact states (distant states) in which the psychologist is not licensed, as provided in 25
the Compact. 26
(b) To exercise the temporary authorization to practice under the terms and 27
provisions of this Compact, a psychologist licensed to practice in a compact state must 28
(1) hold a graduate degree in psychology from an institute of higher 29
education that was, at the time the degree was awarded 30
(A) regionally accredited by an accrediting body recognized by 31
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the United States Department of Education to grant graduate degrees, or 1
authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 2
(B) a foreign college or university deemed to be equivalent to 3
(b)(1)(A) of this Article by a foreign credential evaluation service that is a 4
member of the National Association of Credential Evaluation Services or by a 5
recognized foreign credential evaluation service; and 6
(2) hold a graduate degree in psychology that meets the following 7
criteria: 8
(A) the program, wherever it may be administratively housed, 9
must be clearly identified and labeled as a psychology program. Such a 10
program must specify in pertinent institutional catalogues and brochures its 11
intent to educate and train professional psychologists; 12
(B) the psychology program must stand as a recognizable, 13
coherent, organizational entity within the institution; 14
(C) there must be a clear authority and primary responsibility 15
for the core and specialty areas whether or not the program cuts across 16
administrative lines; 17
(D) the program must consist of an integrated, organized 18
sequence of study; 19
(E) there must be an identifiable psychology faculty sufficient 20
in size and breadth to carry out its responsibilities; 21
(F) the designated director of the program must be a 22
psychologist and a member of the core faculty; 23
(G) the program must have an identifiable body of students 24
who are matriculated in that program for a degree; 25
(H) the program must include supervised practicum, internship, 26
or field training appropriate to the practice of psychology; 27
(I) the curriculum shall encompass a minimum of three 28
academic years of full-time graduate study for doctoral degrees and a 29
minimum of one academic year of full-time graduate study for master's degree; 30
(J) the program includes an acceptable residency as defined by 31
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the rules of the Commission. 1
(3) possess a current, full and unrestricted license to practice 2
psychology in a home state which is a compact state; 3
(4) no history of adverse action that violate the rules of the 4
Commission; 5
(5) no criminal record history that violates the rules of the 6
Commission; 7
(6) possess a current, active IPC; 8
(7) provide attestations in regard to areas of intended practice and 9
work experience and provide a release of information to allow for primary source 10
verification in a manner specified by the Commission; and 11
(8) meet other criteria as defined by the rules of the Commission. 12
(c) A psychologist practicing in a distant state under the temporary 13
authorization to practice shall practice within the scope of practice authorized by the 14
distant state. 15
(d) A psychologist practicing in a distant state under the temporary 16
authorization to practice will be subject to the distant state's authority and law. A 17
distant state may, in accordance with that state's due process law, limit or revoke a 18
psychologist's temporary authorization to practice in the distant state and may take any 19
other necessary actions under the distant state's applicable law to protect the health 20
and safety of the distant state's citizens. If a distant state takes action, the state shall 21
promptly notify the home state and the Commission. 22
(e) If a psychologist's license in any home state, another compact state, or any 23
temporary authorization to practice in any distant state, is restricted, suspended or 24
otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be 25
eligible to practice in a compact state under the temporary authorization to practice. 26
ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 27
STATE 28
A psychologist may practice in a receiving state under the authority to practice 29
interjurisdictional telepsychology only in the performance of the scope of practice for 30
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psychology as assigned by an appropriate state psychology regulatory authority, as 1
defined in the rules of the Commission, and under the following circumstances: 2
(1) the psychologist initiates a client/patient contact in a home state via 3
telecommunications technologies with a client/patient in a receiving state; 4
(2) other conditions regarding telepsychology as determined by rules 5
promulgated by the Commission. 6
ARTICLE VII. ADVERSE ACTIONS 7
(a) A home state shall have the power to impose adverse action against a 8
psychologist's license issued by the home state. A distant state shall have the power to 9
take adverse action on a psychologist's temporary authorization to practice within that 10
distant state. 11
(b) A receiving state may take adverse action on a psychologist's authority to 12
practice interjurisdictional telepsychology within that receiving state. A home state 13
may take adverse action against a psychologist based on an adverse action taken by a 14
distant state regarding temporary in-person, face-to-face practice. 15
(c) If a home state takes adverse action against a psychologist's license, that 16
psychologist's authority to practice interjurisdictional telepsychology is terminated and 17
the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to 18
practice is terminated and the IPC is revoked. 19
(1) All home state disciplinary orders which impose adverse action 20
shall be reported to the Commission in accordance with the rules promulgated by the 21
Commission. A compact state shall report adverse actions in accordance with the rules 22
of the Commission. 23
(2) In the event discipline is reported on a psychologist, the 24
psychologist will not be eligible for telepsychology or temporary in-person, face-to-25
face practice in accordance with the rules of the Commission. 26
(3) Other actions may be imposed as determined by the rules 27
promulgated by the Commission. 28
(d) A home state's psychology regulatory authority shall investigate and take 29
appropriate action with respect to reported inappropriate conduct engaged in by a 30
licensee which occurred in a receiving state as it would if such conduct had occurred 31
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by a licensee within the home state. In such cases, the home state's law shall control in 1
determining any adverse action against a psychologist's license. 2
(e) A distant state's psychology regulatory authority shall investigate and take 3
appropriate action with respect to reported inappropriate conduct engaged in by a 4
psychologist practicing under temporary authorization practice which occurred in that 5
distant state as it would if such conduct had occurred by a licensee within the home 6
state. In such cases, distant state's law shall control in determining any adverse action 7
against a psychologist's temporary authorization to practice. 8
(f) Nothing in this Compact shall override a compact state's decision that a 9
psychologist's participation in an alternative program may be used in lieu of adverse 10
action and that such participation shall remain non-public if required by the compact 11
state's law. Compact states must require psychologists who enter any alternative 12
programs to not provide telepsychology services under the authority to practice 13
interjurisdictional telepsychology or provide temporary psychological services under 14
the temporary authorization to practice in any other compact state during the term of 15
the alternative program. 16
(g) No other judicial or administrative remedies shall be available to a 17
psychologist in the event a compact state imposes an adverse action pursuant to (c) of 18
this Article. 19
ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 20
PSYCHOLOGY REGULATORY AUTHORITY 21
(a) In addition to any other powers granted under state law, a compact state's 22
psychology regulatory authority shall have the authority under this Compact to 23
(1) issue subpoenas, for both hearings and investigations, which 24
require the attendance and testimony of witnesses and the production of evidence. 25
Subpoenas issued by a compact state's psychology regulatory authority for the 26
attendance and testimony of witnesses, or the production of evidence from another 27
compact state shall be enforced in the latter state by any court of competent 28
jurisdiction, according to that court's practice and procedure in considering subpoenas 29
issued in its own proceedings. The issuing state psychology regulatory authority shall 30
pay any witness fees, travel expenses, mileage and other fees required by the service 31
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statutes of the state where the witnesses or evidence are located; and 1
(2) issue cease and desist or injunctive relief orders to revoke a 2
psychologist's authority to practice interjurisdictional telepsychology or temporary 3
authorization to practice. 4
(b) During the course of any investigation, a psychologist may not change 5
his/her home state licensure. A home state psychology regulatory authority is 6
authorized to complete any pending investigations of a psychologist and to take any 7
actions appropriate under its law. The home state psychology regulatory authority 8
shall promptly report the conclusions of such investigations to the Commission. Once 9
an investigation has been completed, and pending the outcome of said investigation, 10
the psychologist may change his/her home state licensure. The Commission shall 11
promptly notify the new home state of any such decisions as provided in the rules of 12
the Commission. All information provided to the Commission or distributed by 13
compact states pursuant to the psychologist shall be confidential, filed under seal and 14
used for investigatory or disciplinary matters. The Commission may create additional 15
rules for mandated or discretionary sharing of information by compact states. 16
ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM 17
(a) The Commission shall provide for the development and maintenance of a 18
coordinated licensure information system (coordinated database) and reporting system 19
containing licensure and disciplinary action information on all licensees to whom this 20
Compact is applicable in all compact states as defined by the rules of the Commission. 21
(b) Notwithstanding any other provision of state law to the contrary, a 22
compact state shall submit a uniform data set to the coordinated database on all 23
licensees as required by the rules of the Commission, including: 24
(1) identifying information; 25
(2) licensure data; 26
(3) significant investigatory information; 27
(4) adverse actions against a psychologist's license; 28
(5) an indicator that a psychologist's authority to practice 29
interjurisdictional telepsychology or temporary authorization to practice is revoked; 30
(6) non-confidential information related to alternative program 31
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participation information; 1
(7) any denial of application for licensure, and the reasons for such 2
denial; and 3
(8) other information which may facilitate the administration of this 4
Compact, as determined by the rules of the Commission. 5
(c) The coordinated database administrator shall promptly notify all compact 6
states of any adverse action taken against, or significant investigative information on, 7
any licensee in a compact state. 8
(d) Compact states reporting information to the coordinated database may 9
designate information that may not be shared with the public without the express 10
permission of the compact state reporting the information. 11
(e) Any information submitted to the coordinated database that is subsequently 12
required to be expunged by the law of the compact state reporting the information 13
shall be removed from the coordinated database. 14
ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 15
INTERJURISDICTIONAL COMPACT COMMISSION 16
(a) The compact states hereby create and establish a joint public agency 17
known as the Psychology Interjurisdictional Compact Commission. 18
(1) The Commission is a body politic and an instrumentality of the 19
compact states. 20
(2) Venue is proper and judicial proceedings by or against the 21
Commission shall be brought solely and exclusively in a court of competent 22
jurisdiction where the principal office of the Commission is located. The Commission 23
may waive venue and jurisdictional defenses to the extent it adopts or consents to 24
participate in alternative dispute resolution proceedings. 25
(3) Nothing in this Compact shall be construed to be a waiver of 26
sovereign immunity. 27
(b) Membership, Voting, and Meetings 28
(1) The Commission shall consist of one voting representative 29
appointed by each compact state who shall serve as that state's commissioner. The 30
state psychology regulatory authority shall appoint its delegate. This delegate shall be 31
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empowered to act on behalf of the compact state. This delegate shall be limited to 1
(A) executive director, executive secretary or similar executive; 2
(B) current member of the state psychology regulatory 3
authority of a compact state; or 4
(C) designee empowered with the appropriate delegate 5
authority to act on behalf of the compact state. 6
(2) Any commissioner may be removed or suspended from office as 7
provided by the law of the state from which the commissioner is appointed. Any 8
vacancy occurring in the commission shall be filled in accordance with the laws of the 9
compact state in which the vacancy exists. 10
(3) Each commissioner shall be entitled to one (1) vote with regard to 11
the promulgation of rules and creation of bylaws and shall otherwise have an 12
opportunity to participate in the business and affairs of the Commission. A 13
commissioner shall vote in person or by such other means as provided in the bylaws. 14
The bylaws may provide for commissioners' participation in meetings by telephone or 15
other means of communication. 16
(4) The Commission shall meet at least once during each calendar 17
year. Additional meetings shall be held as set forth in the bylaws. 18
(5) All meetings shall be open to the public, and public notice of 19
meetings shall be given in the same manner as required under the rulemaking 20
provisions in Article XI. 21
(6) The Commission may convene in a closed, non-public meeting if 22
the Commission must discuss 23
(A) non-compliance of a compact state with its obligations 24
under the Compact; 25
(B) the employment, compensation, discipline or other 26
personnel matters, practices or procedures related to specific employees or 27
other matters related to the Commission's internal personnel practices and 28
procedures; 29
(C) current, threatened, or reasonably anticipated litigation 30
against the Commission; 31
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(D) negotiation of contracts for the purchase or sale of goods, 1
services or real estate; 2
(E) accusation against any person of a crime or formally 3
censuring any person; 4
(F) disclosure of trade secrets or commercial or financial 5
information which is privileged or confidential; 6
(G) disclosure of information of a personal nature where 7
disclosure would constitute a clearly unwarranted invasion of personal privacy; 8
(H) disclosure of investigatory records compiled for law 9
enforcement purposes; 10
(I) disclosure of information related to any investigatory reports 11
prepared by or on behalf of or for use of the Commission or other committee 12
charged with responsibility for investigation or determination of compliance 13
issues pursuant to the Compact; or 14
(J) matters specifically exempted from disclosure by federal 15
and state statute. 16
(7) If a meeting, or portion of a meeting, is closed pursuant to this 17
provision, the Commission's legal counsel or designee shall certify that the meeting 18
may be closed and shall reference each relevant exempting provision. The 19
Commission shall keep minutes which fully and clearly describe all matters discussed 20
in a meeting and shall provide a full and accurate summary of actions taken, of any 21
person participating in the meeting, and the reasons therefore, including a description 22
of the views expressed. All documents considered in connection with an action shall 23
be identified in such minutes. All minutes and documents of a closed meeting shall 24
remain under seal, subject to release only by a majority vote of the Commission or 25
order of a court of competent jurisdiction. 26
(c) The Commission shall, by a majority vote of the commissioners, prescribe 27
bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 28
the purposes and exercise the powers of the Compact, including but not limited to: 29
(1) establishing the fiscal year of the Commission; 30
(2) providing reasonable standards and procedures 31
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(A) for the establishment and meetings of other committees; 1
and 2
(B) governing any general or specific delegation of any 3
authority or function of the Commission; 4
(3) providing reasonable procedures for calling and conducting 5
meetings of the Commission, ensuring reasonable advance notice of all meetings and 6
providing an opportunity for attendance of such meetings by interested parties, with 7
enumerated exceptions designed to protect the public's interest, the privacy of 8
individuals of such proceedings, and proprietary information, including trade secrets. 9
The Commission may meet in closed session only after a majority of the 10
commissioners vote to close a meeting to the public in whole or in part. As soon as 11
practicable, the Commission must make public a copy of the vote to close the meeting 12
revealing the vote of each commissioner with no proxy votes allowed; 13
(4) establishing the titles, duties and authority and reasonable 14
procedures for the election of the officers of the Commission; 15
(5) providing reasonable standards and procedures for the 16
establishment of the personnel policies and programs of the Commission. 17
Notwithstanding any civil service or other similar law of any compact state, the 18
bylaws shall exclusively govern the personnel policies and programs of the 19
Commission; 20
(6) promulgating a code of ethics to address permissible and prohibited 21
activities of Commission members and employees; and 22
(7) providing a mechanism for concluding the operations of the 23
Commission and the equitable disposition of any surplus funds that may exist after the 24
termination of the Compact after the payment or reserving of all of its debts and 25
obligations. 26
(d) The Commission shall publish its bylaws in a convenient form and file a 27
copy thereof and a copy of any amendment thereto, with the appropriate agency or 28
officer in each of the compact states. 29
(e) The Commission shall maintain its financial records in accordance with the 30
bylaws. 31
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(f) The Commission shall meet and take such actions as are consistent with the 1
provisions of this Compact and the bylaws. 2
(g) The Commission shall have the following powers: 3
(1) the authority to promulgate uniform rules to facilitate and 4
coordinate implementation and administration of this Compact; the rules shall have the 5
force and effect of law and shall be binding in all compact states; 6
(2) to bring and prosecute legal proceedings or actions in the name of 7
the Commission, provided that the standing of any state psychology regulatory 8
authority or other regulatory body responsible for psychology licensure to sue or be 9
sued under applicable law shall not be affected; 10
(3) to purchase and maintain insurance and bonds; 11
(4) to borrow, accept or contract for services of personnel, including, 12
but not limited to, employees of a compact state; 13
(5) to hire employees, elect or appoint officers, fix compensation, 14
define duties, grant such individuals appropriate authority to carry out the purposes of 15
the Compact, and to establish the Commission's personnel policies and programs 16
relating to conflicts of interest, qualifications of personnel, and other related personnel 17
matters; 18
(6) to accept any and all appropriate donations and grants of money, 19
equipment, supplies, materials and services, and to receive, utilize and dispose of the 20
same; provided that at all times the Commission shall strive to avoid any appearance 21
of impropriety or conflict of interest; 22
(7) to lease, purchase, accept appropriate gifts or donations of, or 23
otherwise to own, hold, improve or use, any property, real, personal or mixed; 24
provided that at all times the Commission shall strive to avoid any appearance of 25
impropriety; 26
(8) to sell, convey, mortgage, pledge, lease, exchange, abandon or 27
otherwise dispose of any property real, personal or mixed; 28
(9) to establish a budget and make expenditures; 29
(10) to borrow money; 30
(11) to appoint committees, including advisory committees comprised 31
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of members, state regulators, state legislators or their representatives, and consumer 1
representatives, and such other interested persons as may be designated in this 2
Compact and the bylaws; 3
(12) to provide and receive information from, and to cooperate with, 4
law enforcement agencies; 5
(13) to adopt and use an official seal; and 6
(14) to perform such other functions as may be necessary or 7
appropriate to achieve the purposes of this Compact consistent with the state 8
regulation of psychology licensure, temporary in-person, face-to-face practice and 9
telepsychology practice. 10
(h) The Executive Board 11
(1) The elected officers shall serve as the Executive Board, which shall 12
have the power to act on behalf of the Commission according to the terms of this 13
Compact. 14
(2) The Executive Board shall be comprised of six members: 15
(A) five voting members who are elected from the current 16
membership of the Commission by the Commission; 17
(B) one ex-officio, nonvoting member from the recognized 18
membership organization composed of state and provincial psychology 19
regulatory authorities. 20
(3) The ex-officio member must have served as staff or member on a 21
state psychology regulatory authority and will be selected by its respective 22
organization. 23
(4) The Commission may remove any member of the Executive Board 24
as provided in bylaws. 25
(5) The Executive Board shall meet at least annually. 26
(6) The Executive Board shall have the following duties and 27
responsibilities: 28
(A) recommend to the entire Commission changes to the rules 29
or bylaws, changes to this Compact legislation, fees paid by compact states 30
such as annual dues, and any other applicable fees; 31
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(B) ensure Compact administration services are appropriately 1
provided, contractual or otherwise; 2
(C) prepare and recommend the budget; 3
(D) maintain financial records on behalf of the Commission; 4
(E) monitor Compact compliance of member states and provide 5
compliance reports to the Commission; 6
(F) establish additional committees as necessary; and 7
(G) other duties as provided in rules or bylaws. 8
(i) Financing of the Commission 9
(1) The Commission shall pay, or provide for the payment of the 10
reasonable expenses of its establishment, organization and ongoing activities. 11
(2) The Commission may accept any and all appropriate revenue 12
sources, donations and grants of money, equipment, supplies, materials and services. 13
(3) The Commission may levy on and collect an annual assessment 14
from each compact state or impose fees on other parties to cover the cost of the 15
operations and activities of the Commission and its staff which must be in a total 16
amount sufficient to cover its annual budget as approved each year for which revenue 17
is not provided by other sources. The aggregate annual assessment amount shall be 18
allocated based upon a formula to be determined by the Commission which shall 19
promulgate a rule binding upon all compact states. 20
(4) The Commission shall not incur obligations of any kind prior to 21
securing the funds adequate to meet the same; nor shall the Commission pledge the 22
credit of any of the compact states, except by and with the authority of the compact 23
state. 24
(5) The Commission shall keep accurate accounts of all receipts and 25
disbursements. The receipts and disbursements of the Commission shall be subject to 26
the audit and accounting procedures established under its bylaws. However, all 27
receipts and disbursements of funds handled by the Commission shall be audited 28
yearly by a certified or licensed public accountant and the report of the audit shall be 29
included in and become part of the annual report of the Commission. 30
(j) Qualified Immunity, Defense, and Indemnification 31
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(1) The members, officers, Executive Director, employees and 1
representatives of the Commission shall be immune from suit and liability, either 2
personally or in their official capacity, for any claim for damage to or loss of property 3
or personal injury or other civil liability caused by or arising out of any actual or 4
alleged act, error or omission that occurred, or that the person against whom the claim 5
is made had a reasonable basis for believing occurred within the scope of Commission 6
employment, duties or responsibilities; provided that nothing in this paragraph shall be 7
construed to protect any such person from suit or liability for any damage, loss, injury 8
or liability caused by the intentional or willful or wanton misconduct of that person. 9
(2) The Commission shall defend any member, officer, Executive 10
Director, employee or representative of the Commission in any civil action seeking to 11
impose liability arising out of any actual or alleged act, error or omission that occurred 12
within the scope of Commission employment, duties or responsibilities, or that the 13
person against whom the claim is made had a reasonable basis for believing occurred 14
within the scope of Commission employment, duties or responsibilities; provided that 15
nothing herein shall be construed to prohibit that person from retaining his or her own 16
counsel; and provided further, that the actual or alleged act, error or omission did not 17
result from that person's intentional or willful or wanton misconduct. 18
(3) The Commission shall indemnify and hold harmless any member, 19
officer, Executive Director, employee or representative of the Commission for the 20
amount of any settlement or judgment obtained against that person arising out of any 21
actual or alleged act, error or omission that occurred within the scope of Commission 22
employment, duties or responsibilities, or that such person had a reasonable basis for 23
believing occurred within the scope of Commission employment, duties or 24
responsibilities, provided that the actual or alleged act, error or omission did not result 25
from the intentional or willful or wanton misconduct of that person. 26
ARTICLE XI. RULEMAKING 27
(a) The Commission shall exercise its rulemaking powers pursuant to the 28
criteria set forth in this Article and the rules adopted thereunder. Rules and 29
amendments shall become binding as of the date specified in each rule or amendment. 30
(b) If a majority of the legislatures of the compact states rejects a rule, by 31
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enactment of a statute or resolution in the same manner used to adopt the Compact, 1
then such rule shall have no further force and effect in any compact state. 2
(c) Rules or amendments to the rules shall be adopted at a regular or special 3
meeting of the Commission. 4
(d) Prior to promulgation and adoption of a final rule or rules by the 5
Commission, and at least sixty (60) days in advance of the meeting at which the rule 6
will be considered and voted upon, the Commission shall file a notice of proposed 7
rulemaking 8
(1) on the website of the Commission; and 9
(2) on the website of each compact states' psychology regulatory 10
authority or the publication in which each state would otherwise publish proposed 11
rules. 12
(e) The notice of proposed rulemaking must include 13
(1) the proposed time, date, and location of the meeting in which the 14
rule will be considered and voted upon; 15
(2) the text of the proposed rule or amendment and the reason for the 16
proposed rule; 17
(3) a request for comments on the proposed rule from any interested 18
person; and 19
(4) the manner in which interested persons may submit notice to the 20
Commission of their intention to attend the public hearing and any written comments. 21
(f) Prior to adoption of a proposed rule, the Commission shall allow persons to 22
submit written data, facts, opinions and arguments, which shall be made available to 23
the public. 24
(g) The Commission shall grant an opportunity for a public hearing before it 25
adopts a rule or amendment if a hearing is requested by 26
(1) at least twenty-five (25) persons who submit comments 27
independently of each other; 28
(2) a governmental subdivision or agency; or 29
(3) a duly appointed person in an association that has at least twenty-30
five (25) members. 31
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(h) If a hearing is held on the proposed rule or amendment, the Commission 1
shall publish the place, time, and date of the scheduled public hearing. 2
(1) All persons wishing to be heard at the hearing shall notify the 3
Executive Director of the Commission or other designated member in writing of their 4
desire to appear and testify at the hearing not less than five (5) business days before 5
the scheduled date of the hearing. 6
(2) Hearings shall be conducted in a manner providing each person 7
who wishes to comment a fair and reasonable opportunity to comment orally or in 8
writing. 9
(3) No transcript of the hearing is required, unless a written request for 10
a transcript is made, in which case the person requesting the transcript shall bear the 11
cost of producing the transcript. A recording may be made in lieu of a transcript under 12
the same terms and conditions as a transcript. This subsection shall not preclude the 13
Commission from making a transcript or recording of the hearing if it so chooses. 14
(4) Nothing in this section shall be construed as requiring a separate 15
hearing on each rule. Rules may be grouped for the convenience of the Commission at 16
hearings required by this section. 17
(i) Following the scheduled hearing date, or by the close of business on the 18
scheduled hearing date if the hearing was not held, the Commission shall consider all 19
written and oral comments received. 20
(j) The Commission shall, by majority vote of all members, take final action 21
on the proposed rule and shall determine the effective date of the rule, if any, based on 22
the rulemaking record and the full text of the rule. 23
(k) If no written notice of intent to attend the public hearing by interested 24
parties is received, the Commission may proceed with promulgation of the proposed 25
rule without a public hearing. 26
(l) Upon determination that an emergency exists, the Commission may 27
consider and adopt an emergency rule without prior notice, opportunity for comment, 28
or hearing, provided that the usual rulemaking procedures provided in the Compact 29
and in this section shall be retroactively applied to the rule as soon as reasonably 30
possible, in no event later than ninety (90) days after the effective date of the rule. For 31
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the purposes of this provision, an emergency rule is one that must be adopted 1
immediately in order to 2
(1) meet an imminent threat to public health, safety, or welfare; 3
(2) prevent a loss of Commission or compact state funds; 4
(3) meet a deadline for the promulgation of an administrative rule that 5
is established by federal law or rule; or 6
(4) protect public health and safety. 7
(m) The Commission or an authorized committee of the Commission may 8
direct revisions to a previously adopted rule or amendment for purposes of correcting 9
typographical errors, errors in format, errors in consistency, or grammatical errors. 10
Public notice of any revisions shall be posted on the website of the Commission. The 11
revision shall be subject to challenge by any person for a period of thirty (30) days 12
after posting. The revision may be challenged only on grounds that the revision results 13
in a material change to a rule. A challenge shall be made in writing, and delivered to 14
the chair of the Commission prior to the end of the notice period. If no challenge is 15
made, the revision will take effect without further action. If the revision is challenged, 16
the revision may not take effect without the approval of the Commission. 17
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 18
(a) Oversight 19
(1) The executive, legislative and judicial branches of state 20
government in each compact state shall enforce this Compact and take all actions 21
necessary and appropriate to effectuate the Compact's purposes and intent. The 22
provisions of this Compact and the rules promulgated hereunder shall have standing as 23
statutory law. 24
(2) All courts shall take judicial notice of the Compact and the rules in 25
any judicial or administrative proceeding in a compact state pertaining to the subject 26
matter of this Compact which may affect the powers, responsibilities or actions of the 27
Commission. 28
(3) The Commission shall be entitled to receive service of process in 29
any such proceeding, and shall have standing to intervene in such a proceeding for all 30
purposes. Failure to provide service of process to the Commission shall render a 31
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judgment or order void as to the Commission, this Compact or promulgated rules. 1
(b) Default, Technical Assistance, and Termination 2
(1) If the Commission determines that a compact state has defaulted in 3
the performance of its obligations or responsibilities under this Compact or the 4
promulgated rules, the Commission shall 5
(A) provide written notice to the defaulting state and other 6
compact states of the nature of the default, the proposed means of remedying 7
the default or any other action to be taken by the Commission; and 8
(B) provide remedial training and specific technical assistance 9
regarding the default. 10
(2) If a state in default fails to remedy the default, the defaulting state 11
may be terminated from the Compact upon an affirmative vote of a majority of the 12
compact states, and all rights, privileges and benefits conferred by this Compact shall 13
be terminated on the effective date of termination. A remedy of the default does not 14
relieve the offending state of obligations or liabilities incurred during the period of 15
default. 16
(3) Termination of membership in the Compact shall be imposed only 17
after all other means of securing compliance have been exhausted. Notice of intent to 18
suspend or terminate shall be submitted by the Commission to the governor, the 19
majority and minority leaders of the defaulting state's legislature, and each of the 20
compact states. 21
(4) A compact state which has been terminated is responsible for all 22
assessments, obligations and liabilities incurred through the effective date of 23
termination, including obligations which extend beyond the effective date of 24
termination. 25
(5) The Commission shall not bear any costs incurred by the state 26
which is found to be in default or which has been terminated from the Compact, unless 27
agreed upon in writing between the Commission and the defaulting state. 28
(6) The defaulting state may appeal the action of the Commission by 29
petitioning the United States District Court for the State of Georgia or the federal 30
district where the Compact has its principal offices. The prevailing member shall be 31
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awarded all costs of such litigation, including reasonable attorney's fees. 1
(c) Dispute Resolution 2
(1) Upon request by a compact state, the Commission shall attempt to 3
resolve disputes related to the Compact which arise among compact states and 4
between compact and non-compact states. 5
(2) The Commission shall promulgate a rule providing for both 6
mediation and binding dispute resolution for disputes that arise before the 7
Commission. 8
(d) Enforcement 9
(1) The Commission, in the reasonable exercise of its discretion, shall 10
enforce the provisions and rules of this Compact. 11
(2) By majority vote, the Commission may initiate legal action in the 12
United States District Court for the State of Georgia or the federal district where the 13
Compact has its principal offices against a compact state in default to enforce 14
compliance with the provisions of the Compact and its promulgated rules and bylaws. 15
The relief sought may include both injunctive relief and damages. In the event judicial 16
enforcement is necessary, the prevailing member shall be awarded all costs of such 17
litigation, including reasonable attorney's fees. 18
(3) The remedies herein shall not be the exclusive remedies of the 19
Commission. The Commission may pursue any other remedies available under federal 20
or state law. 21
ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 22
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 23
RULES, WITHDRAWAL, AND AMENDMENTS 24
(a) The Compact shall come into effect on the date on which the Compact is 25
enacted into law in the seventh compact state. The provisions which become effective 26
at that time shall be limited to the powers granted to the Commission relating to 27
assembly and the promulgation of rules. Thereafter, the Commission shall meet and 28
exercise rulemaking powers necessary to the implementation and administration of the 29
Compact. 30
(b) Any state which joins the Compact subsequent to the Commission's initial 31
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adoption of the rules shall be subject to the rules as they exist on the date on which the 1
Compact becomes law in that state. Any rule which has been previously adopted by 2
the Commission shall have the full force and effect of law on the day the Compact 3
becomes law in that state. 4
(c) Any compact state may withdraw from this Compact by enacting a statute 5
repealing the same. 6
(1) A compact state's withdrawal shall not take effect until six (6) 7
months after enactment of the repealing statute. 8
(2) Withdrawal shall not affect the continuing requirement of the 9
withdrawing state's psychology regulatory authority to comply with the investigative 10
and adverse action reporting requirements of this act prior to the effective date of 11
withdrawal. 12
(d) Nothing contained in this Compact shall be construed to invalidate or 13
prevent any psychology licensure agreement or other cooperative arrangement 14
between a compact state and a non-compact state which does not conflict with the 15
provisions of this Compact. 16
(e) This Compact may be amended by the compact states. No amendment to 17
this Compact shall become effective and binding upon any compact state until it is 18
enacted into the law of all compact states. 19
ARTICLE XIV. CONSTRUCTION AND SEVERABILITY 20
This Compact shall be liberally construed so as to effectuate the purposes 21
thereof. If this Compact shall be held contrary to the constitution of any state member 22
thereto, the Compact shall remain in full force and effect as to the remaining compact 23
states. 24
* Sec. 10. AS 12.62.400(a) is amended by adding a new paragraph to read: 25
(26) licensure as a psychologist under AS 08.86. 26