RELATING TO THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

SB2508

THE SENATE

S.B. NO.

2508

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 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:

����
(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 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)
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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 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)
�
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)
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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 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;

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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)
�
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)
�
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)
�
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;

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

���������
(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;

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

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

���������
(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)
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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)
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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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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)
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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)
�
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 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;

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(3)
�
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)
�
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.

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(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)
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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.

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(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:

Hawaii
State Association of Counties 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.