RELATING TO THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

SB2225

THE SENATE

S.B. NO.

2225

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the psychology interjurisdictional compact
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:

"
Chapter

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

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�
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-1
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Short title.
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This chapter may
be cited as the Psychology Interjurisdictional Compact.

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�
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-2
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Terms and provisions of compact; authorization; governor.
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The legislature hereby authorizes the
governor to enter into a compact on behalf of the State of Hawaii with any
other state legally joining therein, in the form substantially as follows:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT

ARTICLE I

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Whereas, states license psychologists
in order to protect the public through verification of education, training and experience
and ensure accountability for professional practice; and

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Whereas, this compact is intended to
regulate the day to day practice of telepsychology (i.e., the provision of
psychological services using telecommunication technologies) by psychologists
across state boundaries in the performance of their psychological practice as
assigned by an appropriate authority; and

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Whereas, this compact is intended to
regulate the temporary in-person, face-to-face practice of psychology by
psychologists across state boundaries for thirty days within a calendar year in
the performance of their psychological practice as assigned by an appropriate
authority; and

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Whereas, this compact is intended to
authorize the state psychology regulatory authorities to afford legal
recognition, in a manner consistent with the terms of the compact, to
psychologists licensed in another state; and

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Whereas, this compact recognizes that
states have a vested interest in protecting the public's health and safety
through their licensing and regulation of psychologists and that such state
regulation will best protect public health and safety; and

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Whereas, this compact does not apply when a
psychologist is licensed in both the home and receiving states; and

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Whereas, this compact does not apply to
permanent in‑person, face-to-face practice, it does allow for
authorization of temporary psychological practice.

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Consistent with these principles, this
compact is designed to achieve the following purposes and objectives:

����
(1)
�
Increase
public access to professional psychological services by allowing for
telepsychological practice across state lines as well as temporary in-person,
face-to-face services into a state which the psychologist is not licensed to
practice psychology;

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(2)
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Enhance
the states' ability to protect the public's health and safety, especially
client and patient safety;

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(3)
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Encourage
the cooperation of compact states in the areas of psychological licensure and
regulation;

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(4)
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Facilitate
the exchange of information between compact states regarding psychologist
licensure, adverse actions and disciplinary history;

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(5)
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Promote
compliance with the laws governing psychological practice in each compact
state; and

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(6)
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Invest
all compact states with the authority to hold licensed psychologists
accountable through the mutual recognition of compact state licenses.

ARTICLE II

DEFINITIONS

����
(a)
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"Adverse action" means any action taken by a state psychology regulatory
authority which finds a violation of a statute or regulation that is identified
by the state psychology regulatory authority as discipline and is a matter of
public record.

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(b)
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"Association of State and Provincial Psychology Boards" means
the recognized membership organization composed of state and provincial psychology
regulatory authorities responsible for the licensure and registration of
psychologists throughout the United States and Canada.

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(c)
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"Authority to practice interjurisdictional telepsychology"
means a licensed psychologist's authority to practice telepsychology, within
the limits authorized under this compact, in another compact state.

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(d)
�

"Bylaws" means those bylaws established by the psychology interjurisdictional
compact commission pursuant to article X for its governance, or for directing
and controlling its actions and conduct.

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(e)
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"Client" or "patient" means the recipient of
psychological services, whether psychological services are delivered in the
context of healthcare, corporate, supervision, or consulting services.

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(f)
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"Commissioner"
means the voting representative appointed by each state psychology regulatory authority
pursuant to article X.

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(g)
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"Compact state" means a state, the District of Columbia, or
United States territory that has enacted this compact legislation and which has
not withdrawn pursuant to article XIII, section (c) or been terminated pursuant
to article XII, section (b).

����
(h)
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"Coordinated licensure information system" also referred to as
"coordinated database" means an integrated process for collecting,
storing, and sharing information on psychologists' licensure and enforcement
activities related to psychology licensure laws, which is administered by the
recognized membership organization composed of state and provincial psychology regulatory
authorities.

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(i)
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"Confidentiality" means the principle that data or information
is not made available or disclosed to unauthorized persons or processes.

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(j)
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"Day" means any part of a day in which psychological work is
performed.

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(k)
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"Distant
state" means the compact state where a psychologist is physically present
(not through the use of telecommunications technologies), to provide temporary
in‑person, face-to-face psychological services.

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(l)
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"E.Passport" means a certificate issued by the Association of
State and Provincial Psychology Boards that promotes the standardization in the
criteria of interjurisdictional telepsychology practice and facilitates the
process for licensed psychologists to provide telepsychological services across
state lines.

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(m)
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"Executive board" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the
commission.

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(n)
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"Home state" means a compact state where a psychologist is
licensed to practice psychology.
�
If the
psychologist is licensed in more than one compact state and is practicing under
the authorization to practice interjurisdictional telepsychology, the home
state is the compact state where the psychologist is physically present when
the telepsychological services are delivered.
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If the psychologist is licensed in more than one compact state and is
practicing under the temporary authorization to practice, the home state is any
compact state where the psychologist is licensed.

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(o)
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"Identity history summary" means a summary of information
retained by the Federal Bureau of Investigation, or other designee with similar
authority, in connection with arrests and, in some instances, federal
employment, naturalization, or military service.

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(p)
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"In-person, face-to-face" means interactions in which the
psychologist and the client or patient are in the same physical space and which
does not include interactions that may occur through the use of
telecommunication technologies.

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(q)
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"Interjurisdictional practice certificate" means a certificate
issued by the Association of State and Provincial Psychology Boards that grants
temporary authority to practice based on notifications to the state psychology regulatory
authority of intention to practice temporarily, and verification of one's
qualifications for such practice.

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(r)
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"License" means authorization by a state psychology regulatory
authority to engage in the independent practice of psychology, which would be
unlawful without the authorization.

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(s)
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"Non-compact state" means any state which is not at the time a
compact state.

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(t)
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"Psychologist" means an individual licensed for the
independent practice of psychology.

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(u)
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"Psychology interjurisdictional compact commission" or
"commission" means the national administration of which all compact
states are members.

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(v)
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"Receiving state" means a compact state where the client or
patient is physically located when the telepsychological services are
delivered.

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(w)
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"Rule" means a written statement by the psychology interjurisdictional
compact commission promulgated pursuant to article XI of the compact that is of
general applicability, implements, interprets, or prescribes a policy or
provision of the compact, or an organizational, procedural, or practice
requirement of the commission and has the force and effect of statutory law in
a compact state, and includes the amendment, repeal or suspension of an
existing rule.

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(x)
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"Significant investigatory information" means:

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(1)
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Investigative
information that a state psychology regulatory authority, after a preliminary
inquiry that includes notification and an opportunity to respond if required by
state law, has reason to believe, if proven true, would indicate more than a
violation of state statute or ethics code that would be considered more
substantial than a minor infraction; or

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(2)
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Investigative
information that indicates that the psychologist represents an immediate threat
to public health and safety regardless of whether the psychologist has been
notified or had an opportunity to respond.

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(y)
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"State" means a state, commonwealth, territory, or possession
of the United States, or the District of Columbia.

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(z)
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"State psychology regulatory authority" means the board,
office, or other agency with the legislative mandate to license and regulate
the practice of psychology.

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(aa)
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"Telepsychology" means the provision
of psychological services using telecommunication technologies.

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(bb)
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"Temporary authorization to
practice" means a licensed psychologist's authority to conduct temporary
in‑person, face-to-face practice, within the limits authorized under this
compact, in another compact state.

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(cc)
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"Temporary in-person, face-to-face practice" means where a
psychologist is physically present (not through the use of telecommunications
technologies) in the distant state to provide for the practice of psychology
for thirty days within a calendar year and based on notification to the distant
state.

ARTICLE III

HOME STATE LICENSURE

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(a)
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The
home state shall be a compact state where a psychologist is licensed to
practice psychology.

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(b)
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A psychologist may hold one or more compact state licenses at a
time.
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If the psychologist is licensed in
more than one compact state, the home state is the compact state where the
psychologist is physically present when the services are delivered as
authorized by the authority to practice interjurisdictional telepsychology
under the terms of this compact.

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(c)
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Any compact state may require a psychologist not previously licensed in
a compact state to obtain and retain a license to be authorized to practice in
the compact state under circumstances not authorized by the authority to practice
interjurisdictional telepsychology under the terms of this compact.

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(d)
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Any compact state may require a psychologist to obtain and retain a
license to be authorized to practice in a compact state under circumstances not
authorized by temporary authorization to practice under the terms of this
compact.

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(e)
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A home state's license authorizes the psychologist to practice in a
receiving state under the authority to practice interjurisdictional telepsychology
only if the compact state:

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(1)
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Currently
requires the psychologist to hold an active E.Passport;

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(2)
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Has
a mechanism in place for receiving and investigating complaints about licensed
individuals;

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(3)
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Notifies
the commission, in compliance with the terms herein, of any adverse action or
significant investigatory information regarding a licensed individual;

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(4)
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Requires
an identity history summary of all applicants at initial licensure, including
the use of the results of fingerprints or other biometric data checks complaint
with the requirements of the Federal Bureau of Investigation, or other designee
with similar authority, no later than ten years after the activation of this
compact; and

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(5)
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Complies
with the bylaws and rules of the commission.

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(f)
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A home state's license grants temporary authorization to practice to a
psychologist in a distant state only if the compact state:

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(1)
�
Currently
requires the psychologist to hold an active interjurisdictional practice
certificate;

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(2)
�
Has
a mechanism in place for receiving and investigating complaints about licensed
individuals;

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(3)
�
Notifies
the commission, in compliance with the terms herein, of any adverse action or
significant investigatory information regarding a licensed individual;

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(4)
�
Requires
an identity history summary of all applicants at initial licensure, including
the use of the results of fingerprints or other biometric data checks compliant
with the requirements of the Federal Bureau of Investigation, or other designee
with similar authority, no later than ten years after activation of the
compact; and

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(5)
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Complies
with the bylaws and rules of the commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE
TELEPSYCHOLOGY

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(a)
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Compact states shall recognize the right of a psychologist, licensed in
a compact state in conformance with article III, to practice telepsychology in
other compact states (receiving states) in which the psychologist is not
licensed, under the authority to practice interjurisdictional telepsychology as
provided in the compact.

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(b)
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To exercise the authority to practice interjurisdictional telepsychology
under the terms and provisions of this compact, a psychologist licensed to
practice in a compact state must:

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(1)
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Hold
a graduate degree in psychology from an institute of higher education that was,
at the time the degree was awarded:

���������
(A)
�
Regionally
accredited by an accrediting body recognized by the United States Department of
Education to grant graduate degrees, or authorized by provincial statute or
royal charter to grant doctoral degrees; or

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(B)
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A
foreign college or university deemed to be equivalent to (1)(A) above by a
foreign credential evaluation service that is a member of the National
Association of Credential Evaluation Services or by a recognized foreign
credential evaluation service;

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(2)
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Holds
a graduate degree in psychology that meets the following criteria:

���������
(A)
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The
program, wherever it may be administratively housed, must be clearly identified
and labeled as a psychology program.
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Such a program must specify in pertinent institutional catalogues and
brochures its intent to educate and train professional psychologists;

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(B)
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The
psychology program must stand as a recognizable, coherent, organizational
entity within the institution;

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(C)
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There
must be a clear authority and primary responsibility for the core and specialty
areas whether or not the program cuts across administrative lines;

���������
(D)
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The
program must consist of an integrated, organized sequence of study;

���������
(E)
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There
must be an identifiable psychology faculty sufficient in size and breadth to
carry out its responsibilities;

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(F)
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The
designated director of the program must be a psychologist and a member of the
core faculty;

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(G)
�
The
program must have an identifiable body of students who are matriculated in that
program for a degree;

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(H)
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The
program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;

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(I)
�
The
curriculum shall encompass a minimum of three academic years of full-time
graduate study for doctoral degrees and a minimum of one academic year of
full-time graduate study for master's degrees; and

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(J)
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The
program includes an acceptable residency as defined by the rules of the
commission;

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(3)
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Possess
a current, full and unrestricted license to practice psychology in a home state
which is a compact state;

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(4)
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Have
no history of adverse action that violates the rules of the commission;

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(5)
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Have
no criminal record history reported on an identity history summary that
violates the rules of the commission;

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(6)
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Posses
a current, active E.Passport;

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(7)
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Provide
attestations in regard to areas of intended practice, conformity with standards
of practice, competence in telepsychology technology; criminal background; and
knowledge and adherence to legal requirements in the home and receiving states,
and provide a release of information to allow for primary source verification
in a manner specified by the commission; and

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(8)
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Meet
other criteria as defined by the rules of the commission.

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(c)
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The home state maintains authority over the license of any psychologist
practicing into a receiving state under the authority to practice interjurisdictional
telepsychology.

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(d)
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A psychologist practicing into a receiving state under the authority to
practice interjurisdictional telepsychology will be subject to the receiving
state's scope of practice.
�
A receiving
state may, in accordance with that state's due process law, limit or revoke a
psychologist's authority to practice interjurisdictional psychology in the
receiving state and may take any other necessary actions under the receiving
state's applicable law to protect the health and safety of the receiving
state's citizens.
�
If a receiving state
takes action, the state shall promptly notify the home state and the
commission.

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(e)
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If a psychologist's license in any home state, another compact state, or
any authority to practice interjurisdictional telepsychology in any receiving
state, is restricted, suspended, or otherwise limited, the E.Passport shall be
revoked and therefore the psychologist shall not be eligible to practice
telepsychology in a compact state under the authority to practice
interjurisdictional telepsychology.

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION TO
PRACTICE

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(a)
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Compact states shall also recognize the right of a psychologist,
licensed in a compact state in conformance with article III, to practice
temporarily in other compact states (distant states) in which the psychologist
is not licensed, as provided in the compact.

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(b)
�
To
exercise the temporary authorization to practice under the terms and provisions
of this compact, a psychologist licensed to practice in a compact state must:

����
(1)
�
Hold
a graduate degree in psychology from an institute of higher education that was,
at the time the degree was awarded:

���������
(A)
�
Regionally
accredited by an accrediting body recognized by the United States Department of
Education to grant graduate degrees, or authorized by provincial statute or
royal charter to grant doctoral degrees; or

���������
(B)
�
A
foreign college or university deemed to be equivalent to (1)(A) above by a
foreign credential evaluation service that is a member of the National
Association of Credential Evaluation Services or by a recognized foreign
credential evaluation service;

����
(2)
�
Hold
a graduate degree in psychology that meets the following criteria:

���������
(A)
�
The
program, wherever it may be administratively housed, must be clearly identified
and labeled as a psychology program.
�

Such a program must specify in pertinent institutional catalogues and
brochures its intent to educate and train professional psychologists;

���������
(B)
�
The
psychology program must stand as a recognizable, coherent, organizational
entity within the institution;

���������
(C)
�
There
must be a clear authority and primary responsibility for the core and specialty
areas whether or not the program cuts across administrative lines;

���������
(D)
�
The
program must consist of an integrated, organized sequence of study;

���������
(E)
�
There
must be an identifiable psychology faculty sufficient in size and breadth to
carry out its responsibilities;

���������
(F)
�
The
designated director of the program must be a psychologist and a member of the
core faculty;

���������
(G)
�
The
program must have an identifiable body of students who are matriculated in that
program for a degree;

���������
(H)
�
The
program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;

���������
(I)
�
The
curriculum shall encompass a minimum of three academic years of full-time
graduate study for doctoral degrees and a minimum of one academic year of
full-time graduate study for master's degrees; and

���������
(J)
�
The
program includes an acceptable residency as defined by the rules of the
commission;

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(3)
�
Possess
a current, full and unrestricted license to practice psychology in a home state
which is a compact state;

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(4)
�
Have
no history of adverse action that violates the rules of the commission;

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(5)
�
Have
no criminal record history that violates the rules of the commission;

����
(6)
�
Possess
a current, active interjurisdictional practice certificate;

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(7)
�
Provide
attestations in regard to areas of intended practice and work experience and
provide a release of information to allow for primary source verification in a
manner specified by the commission; and

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(8)
�
Meet
other criteria as defined by the rules of the commission.

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(c)
�

A psychologist practicing into a distant state under the temporary
authorization to practice shall practice within the scope of practice
authorized by the distant state.

����
(d)
�
A
psychologist practicing into a distant state under the temporary authorization
to practice will be subject to the distant state's authority and law.
�
A distant state may, in accordance with that
state's due process law, limit or revoke a psychologist's temporary
authorization to practice in the distant state and may take any other necessary
actions under the distant state's applicable law to protect the health and
safety of the distant state's citizens.
�

If a distant state takes action, the state shall promptly notify the
home state and the commission.

����
(e)
�

If a psychologist's license in any home state, another compact state, or
any temporary authorization to practice in any distant state, is restricted,
suspended or otherwise limited, the interjurisdictional practice certificate
shall be revoked and therefore the psychologist shall not be eligible to
practice in a compact state under the temporary authorization to practice.

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN
A RECEIVING STATE

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(a)
�

A psychologist may practice in a receiving state under the authority to
practice interjurisdictional telepsychology only in the performance of the
scope of practice for psychology as assigned by an appropriate state psychology
regulatory authority, as defined in the rules of the commission, and under the
following circumstances:

����
(1)
�
The
psychologist initiates a client and patient contact in a home state via
telecommunications technologies with a client or patient in a receiving state;
and

����
(2)
�
Other
conditions regarding telepsychology as determined by rules promulgated by the
commission.

ARTICLE VII

ADVERSE ACTIONS

����
(a)
�

A home state shall have the power to impose adverse action against a
psychologist's license issued by the home state.
�
A distant state shall have the power to take
adverse action on a psychologist's temporary authorization to practice within
that distant state.

����
(b)
�

A receiving state may take adverse action on a psychologist's authority
to practice interjurisdictional telepsychology within that receiving
state.
�
A home state may take adverse
action against a psychologist based on an adverse action taken by a distant
state regarding temporary in-person, face-to-face practice.

����
(c)
�

If a home state takes adverse action against a psychologist's license,
that psychologist's authority to practice interjurisdictional telepsychology is
terminated and the E.Passport is revoked.
�

Furthermore, that psychologist's temporary authorization to practice is
terminated and the interjurisdictional practice certificate is revoked.
�
In addition:

����
(1)
�
All
home state disciplinary orders that impose adverse action shall be reported to
the commission in accordance with the rules promulgated by the commission.
�
A compact state shall report adverse actions
in accordance with the rules of the commission;

����
(2)
�
In
the event discipline is reported on a psychologist, the psychologist will not
be eligible for telepsychology or temporary in-person, face-to-face practice in
accordance with the rules of the commission; and

����
(3)
�
Other
actions may be imposed as determined by the rules promulgated by the
commission.

����
(d)
�

A home state's psychology regulatory authority shall investigate and
take appropriate action with respect to reported inappropriate conduct engaged
in by a licensee which occurred in a receiving state as it would if such
conduct had been engaged in by a licensee within the home state.
�
In such cases, the home state's law shall
control in determining any adverse action against a psychologist's license.

����
(e)
�

A distant state's psychology regulatory authority shall investigate and
take appropriate action with respect to reported inappropriate conduct engaged
in by a psychologist practicing under temporary authorization to practice which
occurred in that distant state as it would if such conduct had been engaged in
by a licensee within the home state.
�
In
such cases, the distant state's law shall control in determining any adverse
action against a psychologist's temporary authorization to practice.

����
(f)
�

Nothing in this compact shall override a compact state's decision that a
psychologist's participation in an alternative program may be used in lieu of
adverse action and that such participation shall remain non-public if required
by the compact state's law.
�
Compact
states must require psychologists who enter any alternative programs to not
provide telepsychology services under the authority to practice
interjurisdictional telepsychology or provide temporary psychological services
under the temporary authorization to practice in any other compact state during
the term of the alternative program.

����
(g)
�

No other judicial or administrative remedies shall be available to a
psychologist in the event a compact state imposes an adverse action pursuant to
subsection (c), above.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A
COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY

����
(a)
�

In addition to any other powers granted under state law, a compact
state's psychology regulatory authority shall have the authority under this
compact to:

����
(1)
�
Issue
subpoenas, for both hearings and investigations, which require the attendance
and testimony of witnesses and the production of evidence.
�
Subpoenas issued by a compact state's
psychology regulatory authority for the attendance and testimony of witnesses,
or the production of evidence from another compact state shall be enforced in
the latter state by any court of competent jurisdiction, according to that
court's practice and procedure in considering subpoenas issued in its own
proceedings.
�
The issuing state
psychology regulatory authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state where the
witnesses or evidence are located;

����
(2)
�
Issue
cease and desist or injunctive relief orders to revoke a psychologist's
authority to practice interjurisdictional telepsychology or temporary
authorization to practice; and

����
(3)
�
During
the course of any investigation, a psychologist may not change the psychologist's
home state licensure.
�
A home state
psychology regulatory authority is authorized to complete any pending
investigations of a psychologist and to take any actions appropriate under its
law.
�
The home state psychology
regulatory authority shall promptly report the conclusions of such
investigations to the commission.
�
Once
an investigation has been completed, and pending the outcome of said investigation,
the psychologist may change the psychologist's home state licensure.
�
The commission shall promptly notify the new
home state of any such decisions as provided in the rules of the
commission.
�
All information provided to
the commission or distributed by compact states pursuant to the psychologist
shall be confidential, filed under seal and used for investigatory or
disciplinary matters.
�
The commission may
create additional rules for mandated or discretionary sharing of information by
compact states.

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM

����
(a)
�

The commission shall provide for the development and maintenance of a
coordinated licensure information system (coordinated database) and reporting
system containing licensure and disciplinary action information on all
psychologists and individuals to whom this compact is applicable in all compact
states as defined by the rules of the commission.

����
(b)
�

Notwithstanding any other provision of state law to the contrary, a
compact state shall submit a uniform data set to the coordinated database on
all licensees as required by the rules of the commission, including:

����
(1)
�
Identifying
information;

����
(2)
�
Licensure
data;

����
(3)
�
Significant
investigatory information;

����
(4)
�
Adverse
actions against a psychologist's license;

����
(5)
�
An
indicator that a psychologist's authority to practice interjurisdictional
telepsychology or temporary authorization to practice is revoked;

����
(6)
�
Non-confidential
information related to alternative program participation information;

����
(7)
�
Any
denial of application for licensure, and the reasons for such denial; and

����
(8)
�
Other
information which may facilitate the administration of this compact, as
determined by the rules of the commission.

����
(c)
�

The coordinated database administrator shall promptly notify all compact
states of any adverse action taken against, or significant investigative
information on, any licensee in a compact state.

����
(d)
�

Compact states reporting information to the coordinated database may
designate information that may not be shared with the public without the
express permission of the compact state reporting the information.

����
(e)
�

Any information submitted to the coordinated database that is
subsequently required to be expunged by the law of the compact state reporting
the information shall be removed from the coordinated database.

ARTICLE X

ESTABLISHMENT OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION

����
(a)
�

The compact states hereby create and establish a joint public agency
known as the psychology interjurisdictional compact commission; provided that:

����
(1)
�
The
commission is a body politic and an instrumentality of the compact states;

����
(2)
�
Venue
is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located.
�

The commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution
proceedings; and

����
(3)
�
Nothing
in this compact shall be construed to be a waiver of sovereign immunity.

����
(b)
�

Membership, voting, and meetings:

����
(1)
�
The
commission shall consist of one voting representative appointed by each compact
state who shall serve as that state's commissioner.
�
The state psychology regulatory authority
shall appoint its delegate.
�
This
delegate shall be empowered to act on behalf of the compact state.
�
This delegate shall be limited to:

���������
(A)
�
Executive
director, executive secretary or similar executive;

���������
(B)
�
Current
member of the state psychology regulatory authority of a compact state; or

����
����
(C)
�
Designee empowered with the appropriate
delegate authority to act on behalf of the compact state;

����
(2)
�
Any
commissioner may be removed or suspended from office as provided by the law of
the state from which the commissioner is appointed.
�
Any vacancy occurring in the commission shall
be filled in accordance with the laws of the compact state in which the vacancy
exists;

����
(3)
�
Each
commissioner shall be entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the commission.
�
A commissioner shall vote in person or by such
other means as provided in the bylaws.
�

The bylaws may provide for commissioners' participation in meetings by
telephone or other means of communication;

����
(4)
�
The
commission shall meet at least once during each calendar year.
�
Additional meetings shall be held as set
forth in the bylaws;

����
(5)
�
All
meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking provisions in article XI;

����
(6)
�
The
commission may convene in a closed, non-public meeting if the commission must
discuss:

���������
(A)
�
Non-compliance
of a compact state with its obligations under the compact;

���������
(B)
�
The
employment, compensation, discipline or other personnel matters, practices or
procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;

���������
(C)
�
Current,
threatened, or reasonably anticipated litigation against the commission;

���������
(D)
�
Negotiation
of contracts for the purchase or sale of goods, services or real estate;

���������
(E)
�
Accusation
against any person of a crime or formally censuring any person;

���������
(F)
�
Disclosure
of trade secrets or commercial or financial information which is privileged or
confidential;

���������
(G)
�
Disclosure
of information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

���������
(H)
�
Disclosure
of investigatory records compiled for law enforcement purposes;

���������
(I)
�
Disclosure
of information related to any investigatory reports prepared by or on behalf of
or for use of the commission or other committee charged with responsibility for
investigation or determination of compliance issues pursuant to the compact; or

���������
(J)
�
Matters
specifically exempted from disclosure by federal and state statute; and

����
(7)
�
If
a meeting, or a portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
�
The commission shall keep minutes which fully
and clearly describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, of any person participating in the
meeting, and the reasons therefore, including a description of the views
expressed.
�
All documents considered in
connection with an action shall be identified in such minutes.
�
All minutes and documents of a closed meeting
shall remain under seal, subject to release only by a majority vote of the
commission or order of a court of competent jurisdiction.

����
(c)
�

The commission shall, by a majority vote of the commissioners, prescribe
bylaws or rules to govern its conduct as may be necessary or appropriate to
carry out the purposes and exercise the powers of the compact, including but
not limited to:

����
(1)
�
Establishing
the fiscal year of the commission;

����
(2)
�
Providing
reasonable standards and procedures:

���������
(A)
�
For
the establishment and meetings of other committees; and

���������
(B)
�
Governing
any general or specific delegation of any authority or function of the
commission;

����
(3)
�
Providing
reasonable procedures for calling and conducting meetings of the commission,
ensuring reasonable advance notice of all meetings and providing an opportunity
for attendance of such meetings by interested parties, with enumerated
exceptions designed to protect the public's interest, the privacy of
individuals of such proceedings, and proprietary information, including trade
secrets.
�
The commission may meet in
closed session only after a majority of the commissioners vote to close a
meeting to the public in whole or in part.
�

As soon as practicable, the commission must make public a copy of the
vote to close the meeting revealing the vote of each commissioner with no proxy
votes allowed;

����
(4)
�
Establishing
the titles, duties and authority and reasonable procedures for the election of
the officers of the commission;

����
(5)
�
Providing
reasonable standards and procedures for the establishment of the personnel
policies and programs of the commission.
�

Notwithstanding any civil service or other similar law of any compact
state, the bylaws shall exclusively govern the personnel policies and programs
of the commission;

����
(6)
�
Promulgating
a code of ethics to address permissible and prohibited activities of commission
members and employees;

����
(7)
�
Providing
a mechanism for concluding the operations of the commission and the equitable
disposition of any surplus funds that may exist after the termination of the
compact after the payment or reserving of all of its debts and obligations;

����
(8)
�
The
commission shall publish its bylaws in a convenient form and file a copy
thereof and a copy of any amendment thereto, with the appropriate agency or
officer in each of the compact states;

����
(9)
�
The
commission shall maintain its financial records in accordance with the bylaws;
and

���
(10)
�
The
commission shall meet and take such actions as are consistent with the
provision of this compact and the bylaws.

����
(d)
�

The commission shall have the following powers:

����
(1)
�
The
authority to promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact.
�
The rule shall have the force and effect of
law and shall be binding in all compact states;

����
(2)
�
To
bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any state psychology regulatory authority or
other regulatory body responsible for psychology licensure to sue or be sued
under applicable law shall not be affected;

����
(3)
�
To
purchase and maintain insurance and bonds;

����
(4)
�
To
borrow, accept or contract for services of personnel, including, but not
limited to, employees of a compact state;

����
(5)
�
To
hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
compact, and to establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel, and other
related personnel matters;

����
(6)
�
To
accept any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of the
same; provided that at all times the commission shall strive to avoid any
appearance of impropriety or conflict of interest;

����
(7)
�
To
lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, real, personal or mixed; provided that at
all times the commission shall strive to avoid any appearance of impropriety;

����
(8)
�
To
sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose
of any property real, personal or mixed;

����
(9)
�
To
establish a budget and make expenditures;

���
(10)
�
To
borrow money;

���
(11)
�
To
appoint committees, including advisory committees comprised of members, state
regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
compact and the bylaws;

���
(12)
�
To
provide and receive information from, and to cooperate with, law enforcement
agencies;

���
(13)
�
To
adopt and use an official seal; and

���
(14)
�
To
perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of psychology
licensure, temporary in-person, face-to-face practice and telepsychology
practice.

����
(e)
�

The elected officers shall serve as the executive board, which shall
have the power to act on behalf of the commission according to the terms of
this compact; provided that:

����
(1)
�
The
executive board shall comprise six members:

���������
(A)
�
Five
voting members who are elected from the current membership of the commission by
the commission; and

���������
(B)
�
One
ex-officio, nonvoting member from the recognized membership organization
composed of state and provincial psychology regulatory authorities;

����
(2)
�
The
ex-officio member must have served as staff or member on a state psychology
regulatory authority and will be selected by its respective organization;

����
(3)
�
The
commission may remove any member of the executive board as provided in bylaws;

����
(4)
�
The
executive board shall meet at least annually; and

����
(5)
�
The
executive board shall have the following duties and responsibilities:

���������
(A)
�
Recommend
to the entire commission changes to the rules or bylaws, changes to this
compact legislation, fees paid by compact states such as annual dues, and any
other applicable fees;

���������
(B)
�
Ensure
compact administration services are appropriately provided, contractual or
otherwise;

���������
(C)
�
Prepare
and recommend the budget;

���������
(D)
�
Maintain
financial records on behalf of the commission;

���������
(E)
�
Monitor
compact compliance of member states and provide compliance reports to the
commission;

���������
(F)
�
Establish
additional committees as necessary; and

���������
(G)
�
Other
duties as provided in rules or bylaws.

����
(f)
�

Financing of the commission:

����
(1)
�
The
commission shall pay, or provide for the payment of the reasonable expenses of
its establishment, organization and ongoing activities;

����
(2)
�
The
commission may accept any and all appropriate revenue sources, donations and
grants of money, equipment, supplies, materials and services;

����
(3)
�
The
commission may levy on and collect an annual assessment from each compact state
or impose fees on other parties to cover the cost of the operations and
activities of the commission and its staff which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue
is not provided by other sources.
�
The
aggregate annual assessment amount shall be allocated based upon a formula to
be determined by the commission which shall promulgate a rule binding upon all
compact states;

����
(4)
�
The
commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of
the compact states, except by and with the authority of the compact state; and

����
(5)
�
The
commission shall keep accurate amounts of all receipts and disbursements.
�
The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures established
under its bylaws.
�
However, all receipts
and disbursements of funds handled by the commission shall be audited yearly by
a certified or licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the commission.

����
(g)
�

Qualified immunity, defense, and indemnification:

����
(1)
�
The
members, officers, executive director, employees and representatives of the commission
shall be immune from suit and liability, either personally or in their official
capacity, for any claims for damage to or loss of property or personal injury
or other civil liability caused by or arising out of any actual or alleged act,
error or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
commission employment, duties or responsibilities; provided that nothing in
this paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury or liability caused by the intentional
or willful or wanton misconduct of that person;

����
(2)
�
The
commission shall defend any member, officer, executive director, employee or
representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error or omission that
occurred within the scope of commission employment, duties or responsibilities,
or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties or
responsibilities; provided that nothing herein shall be construed to prohibit
that person from retaining the person's own counsel; and provided further, that
the actual or alleged act, error or omission did not result from that person's
intentional or willful or wanton misconduct; and

����
(3)
�
The
commission shall indemnify and hold harmless any member, officer, executive
director, employee or representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual
or alleged act, error or omission that occurred within the scope of commission
employment, duties or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission employment, duties
or responsibilities; provided that the actual or alleged act, error or omission
did not result from the intentional or willful or wanton misconduct of that
person.

ARTICLE XI

RULEMAKING

����
(a)
�

The commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this article and the rules adopted thereunder.
�
Rules and amendments shall become binding as
of the date specified in each rule or amendment.

����
(b)
�

If a majority of the legislatures of the compact states rejects a rule,
by enactment of a statute or resolution in the same manner used to adopt the
compact, then such rule shall have no further force and effect in any compact
state.

����
(c)
�
Rules
or amendments to the rules shall be adopted at a regular or special meeting of
the commission.

����
(d)
�

Prior to promulgation and adoption of a final rule or rules by the
commission, and at least sixty days in advance of the meeting at which the rule
will be considered and voted upon, the commission shall file a notice of
proposed rulemaking:

����
(1)
�
On
the website of the commission; and

����
(2)
�
On
the website of each compact state's psychology regulatory authority or the
publication in which each state would otherwise publish proposed rules.

����
(e)
�

The notice of proposed rulemaking shall include:

����
(1)
�
The
proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;

����
(2)
�
The
text of the proposed rule or amendment and the reason for the proposed rule;

����
(3)
�
A
request for comments on the proposed rule from any interested person; and

����
(4)
�
The
manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.

����
(f)
�

Prior to adoption of a proposed rule, the commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made
available to the public.

����
(g)
�

The commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:

����
(1)
�
At
least twenty-five persons who submit comments independently of each other;

����
(2)
�
A
governmental subdivision or agency; or

����
(3)
�
A
duly appointed person in an association that has at least twenty-five members.

����
(h)
�

If a hearing is held on the proposed rule or amendment, the commission
shall publish the place, time, and date of the scheduled public hearing.

����
(1)
�
All
persons wishing to be heard at the hearing shall notify the executive director
of the commission or other designated member in writing of their desire to
appear and testify at the hearing not less than five business days before the
scheduled data of the hearing;

����
(2)
�
Hearings
shall be conducted in a manner providing each person who wishes to comment a
fair and reasonable opportunity to comment orally or in writing;

����
(3)
�
No
transcript of the hearing is required, unless a written request for a
transcript is made, in which case the person requesting the transcript shall
bear the cost of producing the transcript.
�

A recording may be made in lieu of a transcript under the same terms and
conditions as a transcript.
�
This
subsection shall not preclude the commission from making a transcript or
recording of the hearing if it so chooses; and

����
(4)
�
Nothing
in this section shall be construed as requiring a separate hearing on each
rule.
�
Rules may be grouped for the
convenience of the commission at hearings required by this section.

����
(i)
�

Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the commission shall
consider all written and oral comments received.

����
(j)
�

The commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the rule, if
any, based on the rulemaking record and the full text of the rule.

����
(k)
�

If no written notice of intent to attend the public hearing by
interested parties is received, the commission may proceed with promulgation of
the proposed rule without a public hearing.

����
(l)
�
Upon
determination that an emergency exists, the commission may consider and adopt
an emergency rule without prior notice, opportunity for comment, or hearing,
provided that the usual rulemaking procedures provided in the compact and in
this section shall be retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety days after the effective date of the
rule.
�
For the purposes of this
provision, an emergency rule is one that must be adopted immediately in order
to:

����
(1)
�
Meet
an imminent threat to public health, safety, or welfare;

����
(2)
�
Prevent
a loss of commission or compact state funds;

����
(3)
�
Meet
a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or

����
(4)
�
Protect
public health and safety.

����
(m)
�

The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical
errors.
�
Public notice of any revisions
shall be posted on the website of the commission.
�
The revision shall be subject to challenge by
any person for a period of thirty days after posting.
�
The revision may be challenged only on
grounds that the revision results in a material change to a rule.
�
A challenge shall be made in writing, and
delivered to the chair of the commission prior to the end of the notice
period.
�
If no challenge is made, the
revision will take effect without further action.
�
If the revision is challenged, the revision
may not take effect without the approval of the commission.

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT

����
(a)
�

Oversight:

����
(1)
�
The
executive, legislative and judicial branches of state government in each
compact state shall enforce this compact and take all actions necessary and appropriate
to effectuate the compact's purposes and intent.
�
The provisions of this compact and the rules
promulgated hereunder shall have standing as statutory law;

����
(2)
�
All
courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a compact state pertaining to the subject
matter of this compact which may affect the powers, responsibilities or actions
of the commission; and

����
(3)
�
The
commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all
purposes.
�
Failure to provide service of
process to the commission shall render a judgment or order void as to the
commission, this compact or promulgated rules.

����
(b)
�

Default, technical assistance, and termination:

����
(1)
�
If
the commission determines that a compact state has defaulted in the performance
of its obligations or responsibilities under this compact or the promulgated
rules, the commission shall:

���������
(A)
�
Provide
written notice to the defaulting state and other compact states of the nature
of the default, the proposed means of remedying the default or any other action
to be taken by the commission; and

���������
(B)
�
Provide
remedial training and specific technical assistance regarding the default;

����
(2)
�
If
a state in default fails to remedy the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the
compact states, and all rights, privileges and benefits conferred by this
compact shall be terminated on the effective date of termination.
�
A remedy of the default does not relieve the
offending state of obligations or liabilities incurred during the period of
default;

����
(3)
�
Termination
of membership in the compact shall be imposed only after all other means of
securing compliance have been exhausted.
�

Notice of intent to suspend or terminate shall be submitted by the commission
to the governor, the majority and minority leaders of the defaulting state's
legislature, and each of the compact states;

����
(4)
�
A
compact state which has been terminated is responsible for all assessments,
obligations and liabilities incurred through the effective date of termination,
including obligations which extend beyond the effective date of termination;

����
(5)
�
The
commission shall not bear any costs incurred by the state which is found to be
in default or which has been terminated from the compact, unless agreed upon in
writing between the commission and the defaulting state; and

����
(6)
�
The
defaulting state may appeal the action of the commission by petitioning the
United States District Court for the state of Georgia or the federal district
where the compact has its principal offices.
�

The prevailing member shall be awarded all costs of such litigation,
including reasonable attorney's fees.

����
(c)
�

Dispute resolution:

����
(1)
�
Upon
request by a compact state, the commission shall attempt to resolve disputes
related to the compact which arise among compact states and between compact and
non-compact states; and

����
(2)
�
The
commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes that arise before the commission.

����
(d)
�

Enforcement:

����
(1)
�
The
commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;

����
(2)
�
By
majority vote, the commission may initiate legal action in the United States
District Court for the state of Georgia or the federal district where the
compact has its principal offices against a compact state in default to enforce
compliance with the provisions of the compact and its promulgated rules and
bylaws.
�
The relief sought may include
both injunctive relief and damages.
�
In
the event judicial enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable attorney's fees; and

����
(3)
�
The
remedies herein shall not be the exclusive remedies of the commission.
�
The commission may pursue any other remedies
available under federal or state law.

ARTICLE XIII

DATE OF IMPLEMENTATION OF THE
PSYCHOLOGICAL INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENTS

����
(a)
�

The compact shall come into effect on the date on which the compact is
enacted into law in the seventh compact state.
�

The provisions which become effective at that time shall be limited to
the powers granted to the commission relating to assembly and the promulgation
of rules.
�
Thereafter, the commission
shall meet and exercise rulemaking powers necessary to the implementation and
administration of the compact.

����
(b)
�
Any
state which joins the compact subsequent to the commission's initial adoption
of the rules shall be subject to the rules as they exist on the date on which
the compact becomes law in that state.
�

Any rule which has been previously adopted by the commission shall have
the full force and effect of law on the day the compact becomes law in that
state.

����
(c)
�

Any compact state may withdraw from this compact by enacting a statute
repealing the same; provided that:

����
(1)
�
A
compact state's withdrawal shall not take effect until six months after
enactment of the repealing statute; and

����
(2)
�
Withdrawal
shall not affect the continuing requirement of the withdrawing state's
psychology regulatory authority to comply with the investigative and adverse
action reporting requirements of this act prior to the effective date of
withdrawal.

����
(d)
�

Nothing contained in this compact shall be construed to invalidate or
prevent any psychology licensure agreement or other cooperative arrangement
between a compact state and a non-compact state which does not conflict with
the provisions of this compact.

����
(e)
�
This
compact may be amended by the compact states.
�

No amendment to this compact shall become effective and binding upon any
compact state until it is enacted into the law of all compact states.

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

����
(a)
�
This
compact shall be liberally construed so as to effectuate the purposes thereof.

����
(b)
�
If
this compact shall be held contrary to the constitution of any state member
thereto, the compact shall remain in full force and effect as to the remaining
compact states.

����
�
��

-3
�
Rules.
�
The department
of commerce and consumer affairs shall adopt rules pursuant to chapter 91 for
the purposes of implementing and administering this chapter."

����
SECTION 2.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

����
SECTION 3.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DCCA;
Psychology Interjurisdictional Compact; Adoption; Rules

Description:

Adopts
the Psychology Interjurisdictional Compact to regulate the practice of telepsychology
and the temporary in-person, face-to-face practice of psychologists when
patients are located in compact states other than the state where the
psychologist is licensed.
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Requires the
Department of Commerce and Consumer Affairs to adopt rules to implement and
administer the compact.

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