RELATING TO THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

SB2242

THE SENATE

S.B. NO.

2242

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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�
��
-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
�
Terms and provisions of
compact; authorization; governor.
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The governor may 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
(PSYPACT)

ARTICLE I

PURPOSE

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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 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, but 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:

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(1)
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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 that 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/patient safety;

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(3)
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Encourage
the cooperation of compact states in the areas of psychology 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

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

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

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

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legislation and that has not withdrawn pursuant to article XIII, section (c),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

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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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"Confidentiality" means the
principle that data or information is not made available or disclosed to
unauthorized persons and/or processes.

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

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

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

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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
notification to the state psychology regulatory authority of intention to
practice temporarily, and verification of one's qualifications for such
practice.

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"License" means authorization by
a state psychology regulatory authority to engage in the independent practice
of psychology that would be unlawful without the authorization.

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"Non-compact state" means any state
that is not at the time a compact state.

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

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"Psychology interjurisdictional compact
commission", also referred to as "commission", means the
national administration of which all compact states are members.

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"Receiving state" means a compact
state where the client/patient is physically located when the telepsychological
services are delivered.

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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.
�
A rule 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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"Significant investigatory information"
means:

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

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

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

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

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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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"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 a 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)
�
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.

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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;

����
(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:

����
(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 U.S. Department of
Education to grant graduate degrees, or authorized by provincial statute or royal
charter to grant doctoral degrees; or

���������
(B)
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A
foreign college or university deemed to be equivalent to (l)(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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Hold
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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The
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)
�
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;

���������
(H)
�
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 a doctoral degree and a minimum of one academic year of
full-time graduate study for a master's degree; and

���������
(J)
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The
program must include 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
that 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)
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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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Possess
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, in
accordance with that state's due process law, may limit or revoke a
psychologist's authority to practice interjurisdictional telepsychology in the receiving
state and may take any other necessary actions under the receiving state's
applicable law to protect the health and safety of the receiving state's
citizens.
�
If a receiving state takes
action, the state shall promptly notify the home state and the commission.

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(e)
�

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
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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 U.S. 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 (l)(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; and

����
(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.
�
The
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;

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

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

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

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

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

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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/patient contact in a home state via
telecommunications technologies with a client/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.

����
(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 that occurred in a receiving
state as it would if the 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 that
occurred in that distant state as it would if the 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, that require the attendance
and testimony of witnesses and the production of evidence.
�
Subpoenas issued by a compact state's psychology
regulatory authority for the attendance and testimony of witnesses and/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 and/or evidence
are located;

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

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

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

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

����
(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 that is privileged or
confidential;

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

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

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

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

����
(7)
�
If
a meeting, or portion of a meeting, is closed pursuant to this 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 that fully
and clearly describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, of any person 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 the 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 and/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 and/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
provisions of this compact and the bylaws.

����
(d)
�

The commission shall have the following powers:

����
(1)
�
The
authority to promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact.
�
The 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 establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other related personnel
matters;

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

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

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

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

���
(10)
�
To
borrow money;

���
(11)
�
To
appoint committees, including advisory committees comprised of members, state
regulators, state legislators or their representatives, and consumer
representatives, and 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 executive board:

����
The elected officers shall serve as the executive
board, which shall have the power to act on behalf of the commission according
to the terms of this compact.

����
(1)
�
The
executive board shall be comprised of six members:

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

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

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

����
(3)
�
The
commission may remove any member of 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 accounts of all receipts and disbursements.
�
The receipts and disbursements of the commission
shall be subject to the audit and accounting procedures established under its bylaws.
�
However, all receipts and disbursements of
funds handled by the commission shall be audited yearly by a certified or
licensed public accountant and the report of the audit shall be included in and
become part of the annual report of the commission.

����
(g)
�

Qualified immunity, defense, and indemnification:

����
(1)
�
The
members, officers, executive director, employees, and representatives of the commission
shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act,
error, or 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 and/or
liability for any damage, loss, injury, or liability caused by the intentional
or willful or wanton misconduct of that person;

����
(2)
�
The
commission shall defend any member, officer, executive director, employee, or
representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties, or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining that 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 date of the hearing;

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

����
(3)
�
No
transcript of the hearing is required unless a written request for a transcript
is made, in which case the person requesting the transcript shall bear the cost
of producing the transcript.
�
A recording
may be made in lieu of a transcript under the same terms and conditions as a
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 that may affect the powers, responsibilities, or actions
of the commission; and

����
(3)
�
The
commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all
purposes.
�
Failure to provide service of
process to the commission shall render a judgment or order void as to the commission,
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, and/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 that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including obligations that extend beyond the effective date of
termination;

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

����
(6)
�
The
defaulting state may appeal the action of the commission by petitioning the
U.S. 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 attorneys' fees.

����
(c)
�

Dispute Resolution:

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

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

����
(d)
�

Enforcement:

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

����
(2)
�
By
majority vote, the commission may initiate legal action in the United States
District Court for 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 attorneys' 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 PSYCHOLOGY 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 that become effective at that time shall be limited to
the powers granted to the commission relating to assembly and the promulgation
of rules.
�
Thereafter, the commission
shall meet and exercise rulemaking powers necessary to the implementation and
administration of the compact.

����
(b)
�

Any state that joins the compact subsequent to the commission's initial
adoption of the rules shall be subject 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.

����
(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 that 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

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

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 shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Maui
County Council Package; Psychology Interjurisdictional Compact

Description:

Enacts,
and authorizes the Governor to enter into, the Psychology Interjurisdictional
Compact.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.