Read the full stored bill text
House
File
255
-
Introduced
HOUSE
FILE
255
BY
LEVIN
,
CROKEN
,
KRESSIG
,
and
BERGAN
A
BILL
FOR
An
Act
enacting
the
psychology
interjurisdictional
compact.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
2496YH
(2)
91
ss/ko
H.F.
255
Section
1.
NEW
SECTION
.
147J.1
Psychology
1
interjurisdictional
compact.
2
The
psychology
interjurisdictional
compact
is
enacted
into
3
law
and
entered
into
by
this
state
with
all
states
legally
4
joining
in
the
compact
in
the
form
substantially
as
follows:
5
1.
Article
I
——
Purpose.
6
a.
The
party
states
find
that:
7
(1)
States
license
psychologists,
in
order
to
protect
8
the
public
through
verification
of
education,
training,
9
and
experience,
and
ensure
accountability
for
professional
10
practice.
11
(2)
This
compact
is
intended
to
regulate
the
day-to-day
12
practice
of
telepsychology,
in
which
psychological
services
are
13
provided
using
telecommunication
technologies,
by
psychologists
14
across
state
boundaries
in
the
performance
of
their
15
psychological
practice
as
assigned
by
an
appropriate
authority.
16
(3)
This
compact
is
intended
to
regulate
the
temporary
17
in-person,
face-to-face
practice
of
psychology
by
psychologists
18
across
state
boundaries
for
thirty
days
within
a
calendar
year
19
in
the
performance
of
their
psychological
practice
as
assigned
20
by
an
appropriate
authority.
21
(4)
This
compact
is
intended
to
authorize
state
psychology
22
regulatory
authorities
to
afford
legal
recognition,
in
a
manner
23
consistent
with
the
terms
of
the
compact,
to
psychologists
24
licensed
in
another
state.
25
(5)
This
compact
recognizes
that
states
have
a
vested
26
interest
in
protecting
the
public’s
health
and
safety
through
27
their
licensing
and
regulation
of
psychologists
and
that
such
28
state
regulation
will
best
protect
public
health
and
safety.
29
(6)
This
compact
does
not
apply
when
a
psychologist
is
30
licensed
in
both
the
home
and
receiving
states.
31
(7)
This
compact
does
not
apply
to
permanent
in-person,
32
face-to-face
practice,
but
it
does
allow
for
authorization
of
33
temporary
psychological
practice.
34
b.
Consistent
with
these
principles,
this
compact
is
35
-1-
LSB
2496YH
(2)
91
ss/ko
1/
31
H.F.
255
designed
to
achieve
the
following
purposes
and
objectives:
1
(1)
Increase
public
access
to
professional
psychological
2
services
by
allowing
for
telepsychological
practice
across
3
state
lines
as
well
as
temporary
in-person,
face-to-face
4
services
into
a
state
in
which
the
psychologist
is
not
licensed
5
to
practice
psychology.
6
(2)
Enhance
the
states’
ability
to
protect
the
public’s
7
health
and
safety,
especially
client-patient
safety.
8
(3)
Encourage
the
cooperation
of
compact
states
in
the
areas
9
of
psychology
licensure
and
regulation.
10
(4)
Facilitate
the
exchange
of
information
between
compact
11
states
regarding
psychologist
licensure,
adverse
actions,
and
12
disciplinary
history.
13
(5)
Promote
compliance
with
the
laws
governing
14
psychological
practice
in
each
compact
state.
15
(6)
Invest
all
compact
states
with
the
authority
to
16
hold
licensed
psychologists
accountable
through
the
mutual
17
recognition
of
compact
state
licenses.
18
2.
Article
II
——
Definitions.
19
a.
“Adverse
action”
means
any
action
taken
by
a
state
20
psychology
regulatory
authority
which
finds
a
violation
21
of
a
statute
or
regulation
that
is
identified
by
the
state
22
psychology
regulatory
authority
as
discipline
and
is
a
matter
23
of
public
record.
24
b.
“Association
of
state
and
provincial
psychology
boards”
25
means
the
recognized
membership
organization
composed
of
state
26
and
provincial
psychology
regulatory
authorities
responsible
27
for
the
licensure
and
registration
of
psychologists
throughout
28
the
United
States
and
Canada.
29
c.
“Authority
to
practice
interjurisdictional
telepsychology”
30
means
a
licensed
psychologist’s
authority
to
practice
31
telepsychology,
within
the
limits
authorized
under
this
32
compact,
in
another
compact
state.
33
d.
“Bylaws”
means
those
bylaws
established
by
the
psychology
34
interjurisdictional
compact
commission
pursuant
to
article
35
-2-
LSB
2496YH
(2)
91
ss/ko
2/
31
H.F.
255
X
for
its
governance,
or
for
directing
and
controlling
its
1
actions
and
conduct.
2
e.
“Client-patient”
means
the
recipient
of
psychological
3
services,
whether
psychological
services
are
delivered
in
the
4
context
of
health
care,
corporate,
supervision,
or
consulting
5
services.
6
f.
“Commissioner”
means
the
voting
representative
appointed
7
by
each
state
psychology
regulatory
authority
pursuant
to
8
article
X.
9
g.
“Compact
state”
means
a
state,
the
District
of
Columbia,
10
or
United
States
territory
that
has
enacted
this
compact
11
legislation
and
which
has
not
withdrawn
pursuant
to
article
12
XIII,
or
been
terminated
pursuant
to
article
XII.
13
h.
“Confidentiality”
means
the
principle
that
data
or
14
information
is
not
made
available
or
disclosed
to
unauthorized
15
persons
or
processes.
16
i.
“Coordinated
licensure
information
system”
or
“coordinated
17
database”
means
an
integrated
process
for
collecting,
storing,
18
and
sharing
information
on
psychologists’
licensure
and
19
enforcement
activities
related
to
psychology
licensure
laws,
20
which
is
administered
by
the
recognized
membership
organization
21
composed
of
state
and
provincial
psychology
regulatory
22
authorities.
23
j.
“Day”
means
any
part
of
a
day
in
which
psychological
work
24
is
performed.
25
k.
“Distant
state”
means
the
compact
state
where
a
26
psychologist
is
physically
present,
not
through
the
use
27
of
telecommunications
technologies,
to
provide
temporary
28
in-person,
face-to-face
psychological
services.
29
l.
“E.Passport”
means
a
certificate
issued
by
the
30
association
of
state
and
provincial
psychology
boards
31
that
promotes
the
standardization
in
the
criteria
of
32
interjurisdictional
telepsychology
practice
and
facilitates
the
33
process
for
licensed
psychologists
to
provide
telepsychological
34
services
across
state
lines.
35
-3-
LSB
2496YH
(2)
91
ss/ko
3/
31
H.F.
255
m.
“Executive
board”
means
a
group
of
directors
elected
or
1
appointed
to
act
on
behalf
of,
and
within
the
powers
granted
to
2
them
by,
the
commission.
3
n.
“Home
state”
means
a
compact
state
where
a
psychologist
4
is
licensed
to
practice
psychology.
If
the
psychologist
is
5
licensed
in
more
than
one
compact
state
and
is
practicing
6
under
the
authorization
to
practice
interjurisdictional
7
telepsychology,
the
home
state
is
the
compact
state
where
the
8
psychologist
is
physically
present
when
the
telepsychological
9
services
are
delivered.
If
the
psychologist
is
licensed
10
in
more
than
one
compact
state
and
is
practicing
under
the
11
temporary
authorization
to
practice,
the
home
state
is
any
12
compact
state
where
the
psychologist
is
licensed.
13
o.
“Identity
history
summary”
means
a
summary
of
information
14
retained
by
the
federal
bureau
of
investigation
(FBI),
or
other
15
designee
with
similar
authority,
in
connection
with
arrests
16
and,
in
some
instances,
federal
employment,
naturalization,
or
17
military
service.
18
p.
“In-person,
face-to-face”
means
interactions
in
which
the
19
psychologist
and
the
client-patient
are
in
the
same
physical
20
space
and
which
does
not
include
interactions
that
may
occur
21
through
the
use
of
telecommunication
technologies.
22
q.
“Interjurisdictional
practice
certificate”
or
“IPC”
23
means
a
certificate
issued
by
the
association
of
state
and
24
provincial
psychology
boards
that
grants
temporary
authority
25
to
practice
based
on
notification
to
the
state
psychology
26
regulatory
authority
of
intention
to
practice
temporarily,
and
27
verification
of
one’s
qualifications
for
such
practice.
28
r.
“License”
means
authorization
by
a
state
psychology
29
regulatory
authority
to
engage
in
the
independent
practice
of
30
psychology,
which
would
be
unlawful
without
the
authorization.
31
s.
“Noncompact
state”
means
any
state
which
is
not
at
the
32
time
a
compact
state.
33
t.
“Psychologist”
means
an
individual
licensed
for
the
34
independent
practice
of
psychology.
35
-4-
LSB
2496YH
(2)
91
ss/ko
4/
31
H.F.
255
u.
“Psychology
interjurisdictional
compact
commission”
or
1
“commission”
means
the
national
administration
of
which
all
2
compact
states
are
members.
3
v.
“Receiving
state”
means
a
compact
state
where
the
4
client-patient
is
physically
located
when
the
telepsychological
5
services
are
delivered.
6
w.
“Rule”
means
a
written
statement
by
the
psychology
7
interjurisdictional
compact
commission
promulgated
pursuant
8
to
article
XI
that
is
of
general
applicability,
implements,
9
interprets,
or
prescribes
a
policy
or
provision
of
this
10
compact,
or
an
organizational,
procedural,
or
practice
11
requirement
of
the
commission
and
has
the
force
and
effect
of
12
statutory
law
in
a
compact
state,
and
includes
the
amendment,
13
repeal,
or
suspension
of
an
existing
rule.
14
x.
“Significant
investigatory
information”
means
any
of
the
15
following:
16
(1)
Investigative
information
that
a
state
psychology
17
regulatory
authority,
after
a
preliminary
inquiry
that
includes
18
notification
and
an
opportunity
to
respond
if
required
by
state
19
law,
has
reason
to
believe,
if
proven
true,
would
indicate
more
20
than
a
violation
of
state
statute
or
ethics
code
that
would
be
21
considered
more
substantial
than
a
minor
infraction.
22
(2)
Investigative
information
that
indicates
that
the
23
psychologist
represents
an
immediate
threat
to
public
health
24
and
safety
regardless
of
whether
the
psychologist
has
been
25
notified
or
had
an
opportunity
to
respond.
26
y.
“State”
means
a
state,
commonwealth,
territory,
or
27
possession
of
the
United
States,
or
the
District
of
Columbia.
28
z.
“State
psychology
regulatory
authority”
means
the
board,
29
office,
or
other
agency
with
the
legislative
mandate
to
license
30
and
regulate
the
practice
of
psychology.
31
aa.
“Telepsychology”
means
the
provision
of
psychological
32
services
using
telecommunication
technologies.
33
ab.
“Temporary
authorization
to
practice”
means
a
licensed
34
psychologist’s
authority
to
conduct
temporary
in-person,
35
-5-
LSB
2496YH
(2)
91
ss/ko
5/
31
H.F.
255
face-to-face
practice,
within
the
limits
authorized
under
this
1
compact,
in
another
compact
state.
2
ac.
“Temporary
in-person,
face-to-face
practice”
means
where
3
a
psychologist
is
physically
present,
not
through
the
use
4
of
telecommunications
technologies,
in
the
distant
state
to
5
provide
for
the
practice
of
psychology
for
thirty
days
within
a
6
calendar
year
and
based
on
notification
to
the
distant
state.
7
3.
Article
III
——
Home
state
licensure.
8
a.
The
home
state
shall
be
a
compact
state
where
a
9
psychologist
is
licensed
to
practice
psychology.
10
b.
A
psychologist
may
hold
one
or
more
compact
state
11
licenses
at
a
time.
If
the
psychologist
is
licensed
in
more
12
than
one
compact
state,
the
home
state
is
the
compact
state
13
where
the
psychologist
is
physically
present
when
the
services
14
are
delivered
as
authorized
by
the
authority
to
practice
15
interjurisdictional
telepsychology
under
the
terms
of
this
16
compact.
17
c.
Any
compact
state
may
require
a
psychologist
not
18
previously
licensed
in
a
compact
state
to
obtain
and
retain
19
a
license
to
be
authorized
to
practice
in
the
compact
state
20
under
circumstances
not
authorized
by
the
authority
to
practice
21
interjurisdictional
telepsychology
under
the
terms
of
this
22
compact.
23
d.
Any
compact
state
may
require
a
psychologist
to
obtain
24
and
retain
a
license
to
be
authorized
to
practice
in
a
25
compact
state
under
circumstances
not
authorized
by
temporary
26
authorization
to
practice
under
the
terms
of
this
compact.
27
e.
A
home
state’s
license
authorizes
a
psychologist
to
28
practice
in
a
receiving
state
under
the
authority
to
practice
29
interjurisdictional
telepsychology
only
if
the
compact
state
30
meets
all
of
the
following
requirements:
31
(1)
Currently
requires
the
psychologist
to
hold
an
active
32
E.Passport.
33
(2)
Has
a
mechanism
in
place
for
receiving
and
investigating
34
complaints
about
licensed
individuals.
35
-6-
LSB
2496YH
(2)
91
ss/ko
6/
31
H.F.
255
(3)
Notifies
the
commission,
in
compliance
with
the
terms
1
herein,
of
any
adverse
action
or
significant
investigatory
2
information
regarding
a
licensed
individual.
3
(4)
Requires
an
identity
history
summary
of
all
applicants
4
at
initial
licensure,
including
the
use
of
the
results
of
5
fingerprints
or
other
biometric
data
checks
compliant
with
the
6
requirements
of
the
federal
bureau
of
investigation
(FBI),
or
7
other
designee
with
similar
authority,
no
later
than
ten
years
8
after
activation
of
the
this
compact.
9
(5)
Complies
with
the
bylaws
and
rules
of
the
commission.
10
f.
A
home
state’s
license
grants
temporary
authorization
11
to
practice
to
a
psychologist
in
a
distant
state
only
if
the
12
compact
state
meets
all
of
the
following
requirements:
13
(1)
Currently
requires
the
psychologist
to
hold
an
active
14
IPC.
15
(2)
Has
a
mechanism
in
place
for
receiving
and
investigating
16
complaints
about
licensed
individuals.
17
(3)
Notifies
the
commission,
in
compliance
with
the
terms
18
herein,
of
any
adverse
action
or
significant
investigatory
19
information
regarding
a
licensed
individual.
20
(4)
Requires
an
identity
history
summary
of
all
applicants
21
at
initial
licensure,
including
the
use
of
the
results
of
22
fingerprints
or
other
biometric
data
checks
compliant
with
the
23
requirements
of
the
federal
bureau
of
investigation
(FBI),
or
24
other
designee
with
similar
authority,
no
later
than
ten
years
25
after
activation
of
this
compact.
26
(5)
Complies
with
the
bylaws
and
rules
of
the
commission.
27
4.
Article
IV
——
Compact
privilege
to
practice
28
telepsychology.
29
a.
Compact
states
shall
recognize
the
right
of
a
30
psychologist,
licensed
in
a
compact
state
in
conformance
with
31
article
III,
to
practice
telepsychology
in
receiving
states
in
32
which
the
psychologist
is
not
licensed,
under
the
authority
to
33
practice
interjurisdictional
telepsychology
as
provided
in
this
34
compact.
35
-7-
LSB
2496YH
(2)
91
ss/ko
7/
31
H.F.
255
b.
To
exercise
the
authority
to
practice
interjurisdictional
1
telepsychology
under
the
terms
and
provisions
of
this
compact,
2
a
psychologist
licensed
to
practice
in
a
compact
state
shall
3
meet
all
of
the
following
requirements:
4
(1)
Hold
a
graduate
degree
in
psychology
from
an
institution
5
of
higher
education
that
was
either
of
the
following,
at
the
6
time
the
degree
was
awarded:
7
(a)
Regionally
accredited
by
an
accrediting
body
recognized
8
by
the
United
States
department
of
education
to
grant
graduate
9
degrees,
or
authorized
by
provincial
statute
or
royal
charter
10
to
grant
doctoral
degrees.
11
(b)
A
foreign
college
or
university
deemed
to
be
equivalent
12
to
subparagraph
(1),
subparagraph
division
(a),
by
a
foreign
13
credential
evaluation
service
that
is
a
member
of
the
national
14
association
of
credential
evaluation
services
or
by
a
15
recognized
foreign
credential
evaluation
service.
16
(2)
Hold
a
graduate
degree
in
psychology
that
meets
all
of
17
the
following
criteria:
18
(a)
The
program,
wherever
it
may
be
administratively
19
housed,
must
be
clearly
identified
and
labeled
as
a
20
psychology
program.
Such
a
program
must
specify
in
pertinent
21
institutional
catalogues
and
brochures
its
intent
to
educate
22
and
train
professional
psychologists.
23
(b)
The
psychology
program
must
stand
as
a
recognizable,
24
coherent,
organizational
entity
within
the
institution.
25
(c)
There
must
be
a
clear
authority
and
primary
26
responsibility
for
the
core
and
specialty
areas
whether
or
not
27
the
program
cuts
across
administrative
lines.
28
(d)
The
program
must
consist
of
an
integrated,
organized
29
sequence
of
study.
30
(e)
There
must
be
an
identifiable
psychology
31
faculty
sufficient
in
size
and
breadth
to
carry
out
its
32
responsibilities.
33
(f)
The
designated
director
of
the
program
must
be
a
34
psychologist
and
a
member
of
the
core
faculty.
35
-8-
LSB
2496YH
(2)
91
ss/ko
8/
31
H.F.
255
(g)
The
program
must
have
an
identifiable
body
of
students
1
who
are
matriculated
in
that
program
for
a
degree.
2
(h)
The
program
must
include
supervised
practicum,
3
internship,
or
field
training
appropriate
to
the
practice
of
4
psychology.
5
(i)
The
curriculum
shall
encompass
a
minimum
of
three
6
academic
years
of
full-time
graduate
study
for
doctoral
degrees
7
and
a
minimum
of
one
academic
year
of
full-time
graduate
study
8
for
master’s
degrees.
9
(j)
The
program
includes
an
acceptable
residency
as
defined
10
by
the
rules
of
the
commission.
11
(3)
Possess
a
current,
full,
and
unrestricted
license
to
12
practice
psychology
in
a
home
state
which
is
a
compact
state.
13
(4)
Have
no
history
of
adverse
action
that
violates
the
14
rules
of
the
commission.
15
(5)
Have
no
criminal
record
history
reported
on
an
identity
16
history
summary
that
violates
the
rules
of
the
commission.
17
(6)
Possess
a
current,
active
E.Passport.
18
(7)
Provide
attestations
in
regard
to
areas
of
intended
19
practice,
conformity
with
standards
of
practice,
competence
in
20
telepsychology
technology;
criminal
background;
and
knowledge
21
and
adherence
to
legal
requirements
in
the
home
and
receiving
22
states,
and
provide
a
release
of
information
to
allow
for
23
primary
source
verification
in
a
manner
specified
by
the
24
commission.
25
(8)
Meet
other
criteria
as
defined
by
the
rules
of
the
26
commission.
27
c.
The
home
state
maintains
authority
over
the
license
of
28
any
psychologist
practicing
into
a
receiving
state
under
the
29
authority
to
practice
interjurisdictional
telepsychology.
30
d.
A
psychologist
practicing
into
a
receiving
state
under
31
the
authority
to
practice
interjurisdictional
telepsychology
32
shall
be
subject
to
the
receiving
state’s
scope
of
practice.
33
A
receiving
state
may,
in
accordance
with
that
state’s
due
34
process
law,
limit
or
revoke
a
psychologist’s
authority
to
35
-9-
LSB
2496YH
(2)
91
ss/ko
9/
31
H.F.
255
practice
interjurisdictional
telepsychology
in
the
receiving
1
state
and
may
take
any
other
necessary
actions
under
the
2
receiving
state’s
applicable
law
to
protect
the
health
and
3
safety
of
the
receiving
state’s
citizens.
If
a
receiving
state
4
takes
action,
the
state
shall
promptly
notify
the
home
state
5
and
the
commission.
6
e.
If
a
psychologist’s
license
in
any
home
state
or
another
7
compact
state,
or
any
authority
to
practice
interjurisdictional
8
telepsychology
in
any
receiving
state,
is
restricted,
9
suspended,
or
otherwise
limited,
the
E.Passport
shall
be
10
revoked
and
the
psychologist
shall
not
be
eligible
to
practice
11
telepsychology
in
a
compact
state
under
the
authority
to
12
practice
interjurisdictional
telepsychology.
13
5.
Article
V
——
Compact
temporary
authorization
to
practice.
14
a.
Compact
states
shall
also
recognize
the
right
of
a
15
psychologist,
licensed
in
a
compact
state
in
conformance
with
16
article
III,
to
practice
temporarily
in
distant
states
in
which
17
the
psychologist
is
not
licensed,
as
provided
in
this
compact.
18
b.
To
exercise
the
temporary
authorization
to
practice
19
under
the
terms
and
provisions
of
this
compact,
a
psychologist
20
licensed
to
practice
in
a
compact
state
shall
meet
all
of
the
21
following
requirements:
22
(1)
Hold
a
graduate
degree
in
psychology
from
an
institution
23
of
higher
education
that
was
either
of
the
following,
at
the
24
time
the
degree
was
awarded:
25
(a)
Regionally
accredited
by
an
accrediting
body
recognized
26
by
the
United
States
department
of
education
to
grant
graduate
27
degrees,
or
authorized
by
provincial
statute
or
royal
charter
28
to
grant
doctoral
degrees.
29
(b)
A
foreign
college
or
university
deemed
to
be
equivalent
30
to
subparagraph
(1),
subparagraph
division
(a),
by
a
foreign
31
credential
evaluation
service
that
is
a
member
of
the
national
32
association
of
credential
evaluation
services
or
by
a
33
recognized
foreign
credential
evaluation
service.
34
(2)
Hold
a
graduate
degree
in
psychology
that
meets
all
of
35
-10-
LSB
2496YH
(2)
91
ss/ko
10/
31
H.F.
255
the
following
criteria:
1
(a)
The
program,
wherever
it
may
be
administratively
2
housed,
must
be
clearly
identified
and
labeled
as
a
3
psychology
program.
Such
a
program
must
specify
in
pertinent
4
institutional
catalogues
and
brochures
its
intent
to
educate
5
and
train
professional
psychologists.
6
(b)
The
psychology
program
must
stand
as
a
recognizable,
7
coherent,
organizational
entity
within
the
institution.
8
(c)
There
must
be
a
clear
authority
and
primary
9
responsibility
for
the
core
and
specialty
areas
whether
or
not
10
the
program
cuts
across
administrative
lines.
11
(d)
The
program
must
consist
of
an
integrated,
organized
12
sequence
of
study.
13
(e)
There
must
be
an
identifiable
psychology
14
faculty
sufficient
in
size
and
breadth
to
carry
out
its
15
responsibilities.
16
(f)
The
designated
director
of
the
program
must
be
a
17
psychologist
and
a
member
of
the
core
faculty.
18
(g)
The
program
must
have
an
identifiable
body
of
students
19
who
are
matriculated
in
that
program
for
a
degree.
20
(h)
The
program
must
include
supervised
practicum,
21
internship,
or
field
training
appropriate
to
the
practice
of
22
psychology.
23
(i)
The
curriculum
shall
encompass
a
minimum
of
three
24
academic
years
of
full-time
graduate
study
for
doctoral
degrees
25
and
a
minimum
of
one
academic
year
of
full-time
graduate
study
26
for
master’s
degrees.
27
(j)
The
program
includes
an
acceptable
residency
as
defined
28
by
the
rules
of
the
commission.
29
(3)
Possess
a
current,
full,
and
unrestricted
license
to
30
practice
psychology
in
a
home
state
which
is
a
compact
state.
31
(4)
Have
no
history
of
adverse
action
that
violates
the
32
rules
of
the
commission.
33
(5)
Have
no
criminal
record
history
that
violates
the
rules
34
of
the
commission.
35
-11-
LSB
2496YH
(2)
91
ss/ko
11/
31
H.F.
255
(6)
Possess
a
current,
active
IPC.
1
(7)
Provide
attestations
in
regard
to
areas
of
intended
2
practice
and
work
experience
and
provide
a
release
of
3
information
to
allow
for
primary
source
verification
in
a
4
manner
specified
by
the
commission.
5
(8)
Meet
other
criteria
as
defined
by
the
rules
of
the
6
commission.
7
c.
A
psychologist
practicing
into
a
distant
state
under
the
8
temporary
authorization
to
practice
shall
practice
within
the
9
scope
of
practice
authorized
by
the
distant
state.
10
d.
A
psychologist
practicing
into
a
distant
state
under
the
11
temporary
authorization
to
practice
shall
be
subject
to
the
12
distant
state’s
authority
and
law.
A
distant
state
may,
in
13
accordance
with
that
state’s
due
process
law,
limit
or
revoke
14
a
psychologist’s
temporary
authorization
to
practice
in
the
15
distant
state
and
may
take
any
other
necessary
actions
under
16
the
distant
state’s
applicable
law
to
protect
the
health
and
17
safety
of
the
distant
state’s
citizens.
If
a
distant
state
18
takes
action,
the
state
shall
promptly
notify
the
home
state
19
and
the
commission.
20
e.
If
a
psychologist’s
license
in
any
home
state,
another
21
compact
state,
or
any
temporary
authorization
to
practice
in
22
any
distant
state,
is
restricted,
suspended,
or
otherwise
23
limited,
the
IPC
shall
be
revoked
and
the
psychologist
shall
24
not
be
eligible
to
practice
in
a
compact
state
under
the
25
temporary
authorization
to
practice.
26
6.
Article
VI
——
Conditions
of
telepsychology
practice
in
a
27
receiving
state.
28
a.
A
psychologist
may
practice
in
a
receiving
state
under
29
the
authority
to
practice
interjurisdictional
telepsychology
30
only
in
the
performance
of
the
scope
of
practice
for
psychology
31
as
assigned
by
an
appropriate
state
psychology
regulatory
32
authority,
as
defined
in
the
rules
of
the
commission,
and
under
33
the
following
circumstances:
34
(1)
The
psychologist
initiates
a
client-patient
contact
35
-12-
LSB
2496YH
(2)
91
ss/ko
12/
31
H.F.
255
in
a
home
state
via
telecommunications
technologies
with
a
1
client-patient
in
a
receiving
state.
2
(2)
Other
conditions
regarding
telepsychology
as
determined
3
by
rules
promulgated
by
the
commission.
4
7.
Article
VII
——
Adverse
actions.
5
a.
A
home
state
shall
have
the
power
to
impose
adverse
6
action
against
a
psychologist’s
license
issued
by
the
home
7
state.
A
distant
state
shall
have
the
power
to
take
adverse
8
action
on
a
psychologist’s
temporary
authorization
to
practice
9
within
that
distant
state.
10
b.
A
receiving
state
may
take
adverse
action
on
a
11
psychologist’s
authority
to
practice
interjurisdictional
12
telepsychology
within
that
receiving
state.
A
home
state
may
13
take
adverse
action
against
a
psychologist
based
on
an
adverse
14
action
taken
by
a
distant
state
regarding
temporary
in-person,
15
face-to-face
practice.
16
c.
If
a
home
state
takes
adverse
action
against
a
17
psychologist’s
license,
that
psychologist’s
authority
to
18
practice
interjurisdictional
telepsychology
is
terminated
and
19
the
E.Passport
is
revoked.
Furthermore,
that
psychologist’s
20
temporary
authorization
to
practice
is
terminated
and
the
IPC
21
is
revoked.
22
(1)
All
home
state
disciplinary
orders
which
impose
adverse
23
action
shall
be
reported
to
the
commission
in
accordance
with
24
the
rules
promulgated
by
the
commission.
A
compact
state
shall
25
report
adverse
actions
in
accordance
with
the
rules
of
the
26
commission.
27
(2)
In
the
event
discipline
is
reported
on
a
psychologist,
28
the
psychologist
shall
not
be
eligible
for
telepsychology
or
29
temporary
in-person,
face-to-face
practice
in
accordance
with
30
the
rules
of
the
commission.
31
(3)
Other
actions
may
be
imposed
as
determined
by
the
rules
32
promulgated
by
the
commission.
33
d.
A
home
state’s
psychology
regulatory
authority
shall
34
investigate
and
take
appropriate
action
with
respect
to
35
-13-
LSB
2496YH
(2)
91
ss/ko
13/
31
H.F.
255
reported
inappropriate
conduct
engaged
in
by
a
licensee
which
1
occurred
in
a
receiving
state
as
it
would
if
such
conduct
had
2
occurred
by
a
licensee
within
the
home
state.
In
such
cases,
3
the
home
state’s
law
shall
control
in
determining
any
adverse
4
action
against
a
psychologist’s
license.
5
e.
A
distant
state’s
psychology
regulatory
authority
6
shall
investigate
and
take
appropriate
action
with
respect
to
7
reported
inappropriate
conduct
engaged
in
by
a
psychologist
8
practicing
under
temporary
authorization
to
practice
which
9
occurred
in
that
distant
state
as
it
would
if
such
conduct
10
had
occurred
by
a
licensee
within
the
home
state.
In
such
11
cases,
the
distant
state’s
law
shall
control
in
determining
any
12
adverse
action
against
a
psychologist’s
temporary
authorization
13
to
practice.
14
f.
Nothing
in
this
compact
shall
override
a
compact
state’s
15
decision
that
a
psychologist’s
participation
in
an
alternative
16
program
may
be
used
in
lieu
of
adverse
action
and
that
such
17
participation
shall
remain
nonpublic
if
required
by
the
compact
18
state’s
law.
Compact
states
shall
require
psychologists
who
19
enter
any
alternative
programs
to
not
provide
telepsychology
20
services
under
the
authority
to
practice
interjurisdictional
21
telepsychology
or
provide
temporary
psychological
services
22
under
the
temporary
authorization
to
practice
in
any
other
23
compact
state
during
the
term
of
the
alternative
program.
24
g.
No
other
judicial
or
administrative
remedies
shall
25
be
available
to
a
psychologist
in
the
event
a
compact
state
26
imposes
an
adverse
action
pursuant
to
paragraph
“c”
.
27
8.
Article
VIII
——
Additional
authorities
invested
in
a
28
compact
state’s
psychology
regulatory
authority.
29
a.
In
addition
to
any
other
powers
granted
under
state
law,
30
a
compact
state’s
psychology
regulatory
authority
shall
have
31
the
authority
under
this
compact
to
do
all
of
the
following:
32
(1)
Issue
subpoenas,
for
both
hearings
and
investigations,
33
which
require
the
attendance
and
testimony
of
witnesses
and
34
the
production
of
evidence.
Subpoenas
issued
by
a
compact
35
-14-
LSB
2496YH
(2)
91
ss/ko
14/
31
H.F.
255
state’s
psychology
regulatory
authority
for
the
attendance
1
and
testimony
of
witnesses
or
the
production
of
evidence
from
2
another
compact
state
shall
be
enforced
in
the
latter
state
by
3
any
court
of
competent
jurisdiction,
according
to
that
court’s
4
practice
and
procedure
in
considering
subpoenas
issued
in
its
5
own
proceedings.
The
issuing
state
psychology
regulatory
6
authority
shall
pay
any
witness
fees,
travel
expenses,
mileage,
7
and
other
fees
required
by
the
service
statutes
of
the
state
8
where
the
witnesses
or
evidence
are
located.
9
(2)
Issue
cease
and
desist
or
injunctive
relief
10
orders
to
revoke
a
psychologist’s
authority
to
practice
11
interjurisdictional
telepsychology
or
temporary
authorization
12
to
practice.
13
(3)
During
the
course
of
any
investigation,
a
psychologist
14
may
not
change
the
psychologist’s
home
state
licensure.
A
15
home
state
psychology
regulatory
authority
is
authorized
to
16
complete
any
pending
investigations
of
a
psychologist
and
17
to
take
any
actions
appropriate
under
its
law.
The
home
18
state
psychology
regulatory
authority
shall
promptly
report
19
the
conclusions
of
such
investigations
to
the
commission.
20
Once
an
investigation
has
been
completed,
and
pending
the
21
outcome
of
said
investigation,
the
psychologist
may
change
the
22
psychologist’s
home
state
licensure.
The
commission
shall
23
promptly
notify
the
new
home
state
of
any
such
decisions
as
24
provided
in
the
rules
of
the
commission.
All
information
25
provided
to
the
commission
or
distributed
by
compact
states
26
pursuant
to
the
psychologist
shall
be
confidential,
filed
under
27
seal,
and
used
for
investigatory
or
disciplinary
matters.
28
The
commission
may
create
additional
rules
for
mandated
or
29
discretionary
sharing
of
information
by
compact
states.
30
9.
Article
IX
——
Coordinated
licensure
information
system.
31
a.
The
commission
shall
provide
for
the
development
and
32
maintenance
of
a
coordinated
licensure
information
system
and
33
reporting
system
containing
licensure
and
disciplinary
action
34
information
on
all
psychologists
individuals
to
whom
this
35
-15-
LSB
2496YH
(2)
91
ss/ko
15/
31
H.F.
255
compact
is
applicable
in
all
compact
states
as
defined
by
the
1
rules
of
the
commission.
2
b.
Notwithstanding
any
other
provision
of
state
law
to
the
3
contrary,
a
compact
state
shall
submit
a
uniform
data
set
to
4
the
coordinated
database
on
all
licensees
as
required
by
the
5
rules
of
the
commission,
including
all
of
the
following:
6
(1)
Identifying
information.
7
(2)
Licensure
data.
8
(3)
Significant
investigatory
information.
9
(4)
Adverse
actions
against
a
psychologist’s
license.
10
(5)
An
indicator
that
a
psychologist’s
authority
to
11
practice
interjurisdictional
telepsychology
or
temporary
12
authorization
to
practice
is
revoked.
13
(6)
Nonconfidential
information
related
to
alternative
14
program
participation
information.
15
(7)
Any
denial
of
application
for
licensure,
and
the
reasons
16
for
such
denial.
17
(8)
Other
information
which
may
facilitate
the
18
administration
of
this
compact,
as
determined
by
the
rules
of
19
the
commission.
20
c.
The
coordinated
database
administrator
shall
promptly
21
notify
all
compact
states
of
any
adverse
action
taken
against,
22
or
significant
investigative
information
on,
any
licensee
in
a
23
compact
state.
24
d.
Compact
states
reporting
information
to
the
coordinated
25
database
may
designate
information
that
may
not
be
shared
with
26
the
public
without
the
express
permission
of
the
compact
state
27
reporting
the
information.
28
e.
Any
information
submitted
to
the
coordinated
database
29
that
is
subsequently
required
to
be
expunged
by
the
law
of
the
30
compact
state
reporting
the
information
shall
be
removed
from
31
the
coordinated
database.
32
10.
Article
X
——
Establishment
of
the
psychology
33
interjurisdictional
compact
commission.
34
a.
The
compact
states
hereby
create
and
establish
a
joint
35
-16-
LSB
2496YH
(2)
91
ss/ko
16/
31
H.F.
255
public
agency
known
as
the
psychology
interjurisdictional
1
compact
commission.
2
(1)
The
commission
is
a
body
politic
and
an
instrumentality
3
of
the
compact
states.
4
(2)
Venue
is
proper
and
judicial
proceedings
by
or
against
5
the
commission
shall
be
brought
solely
and
exclusively
in
a
6
court
of
competent
jurisdiction
where
the
principal
office
of
7
the
commission
is
located.
The
commission
may
waive
venue
and
8
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
to
9
participate
in
alternative
dispute
resolution
proceedings.
10
(3)
Nothing
in
this
compact
shall
be
construed
to
be
a
11
waiver
of
sovereign
immunity.
12
b.
Membership,
voting,
and
meetings.
13
(1)
The
commission
shall
consist
of
one
voting
14
representative
appointed
by
each
compact
state
who
shall
serve
15
as
that
state’s
commissioner.
The
state
psychology
regulatory
16
authority
shall
appoint
its
delegate.
This
delegate
shall
be
17
empowered
to
act
on
behalf
of
the
compact
state.
This
delegate
18
shall
be
limited
to
one
of
the
following:
19
(a)
The
executive
director,
executive
secretary,
or
similar
20
executive.
21
(b)
A
current
member
of
the
state
psychology
regulatory
22
authority
of
a
compact
state.
23
(c)
A
designee
empowered
with
the
appropriate
delegate
24
authority
to
act
on
behalf
of
the
compact
state.
25
(2)
Any
commissioner
may
be
removed
or
suspended
from
office
26
as
provided
by
the
law
of
the
state
from
which
the
commissioner
27
is
appointed.
Any
vacancy
occurring
in
the
commission
shall
28
be
filled
in
accordance
with
the
laws
of
the
compact
state
in
29
which
the
vacancy
exists.
30
(3)
Each
commissioner
shall
be
entitled
to
one
vote
with
31
regard
to
the
promulgation
of
rules
and
creation
of
bylaws
32
and
shall
otherwise
have
an
opportunity
to
participate
in
33
the
business
and
affairs
of
the
commission.
A
commissioner
34
shall
vote
in
person
or
by
such
other
means
as
provided
35
-17-
LSB
2496YH
(2)
91
ss/ko
17/
31
H.F.
255
in
the
bylaws.
The
bylaws
may
provide
for
commissioners’
1
participation
in
meetings
by
telephone
or
other
means
of
2
communication.
3
(4)
The
commission
shall
meet
at
least
once
during
each
4
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
5
in
the
bylaws.
6
(5)
All
meetings
shall
be
open
to
the
public,
and
public
7
notice
of
meetings
shall
be
given
in
the
same
manner
as
8
required
under
the
rulemaking
provisions
in
article
XI.
9
(6)
The
commission
may
convene
in
a
closed,
nonpublic
10
meeting
if
the
commission
must
discuss
any
of
the
following:
11
(a)
Noncompliance
of
a
compact
state
with
its
obligations
12
under
this
compact.
13
(b)
The
employment,
compensation,
discipline,
or
other
14
personnel
matters,
practices,
or
procedures
related
to
specific
15
employees
or
other
matters
related
to
the
commission’s
internal
16
personnel
practices
and
procedures.
17
(c)
Current,
threatened,
or
reasonably
anticipated
18
litigation
against
the
commission.
19
(d)
Negotiation
of
contracts
for
the
purchase
or
sale
of
20
goods,
services,
or
real
estate.
21
(e)
Accusation
against
any
person
of
a
crime
or
formal
22
censure
of
any
person.
23
(f)
Disclosure
of
trade
secrets
or
commercial
or
financial
24
information
which
is
privileged
or
confidential.
25
(g)
Disclosure
of
information
of
a
personal
nature
where
26
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
27
personal
privacy.
28
(h)
Disclosure
of
investigatory
records
compiled
for
law
29
enforcement
purposes.
30
(i)
Disclosure
of
information
related
to
any
investigatory
31
reports
prepared
by
or
on
behalf
of
or
for
use
of
the
32
commission
or
other
committee
charged
with
responsibility
for
33
investigation
or
determination
of
compliance
issues
pursuant
34
to
the
compact.
35
-18-
LSB
2496YH
(2)
91
ss/ko
18/
31
H.F.
255
(j)
Matters
specifically
exempted
from
disclosure
by
1
federal
and
state
statute.
2
(7)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
3
pursuant
to
subparagraph
(6),
the
commission’s
legal
counsel
or
4
designee
shall
certify
that
the
meeting
may
be
closed
and
shall
5
reference
each
relevant
exempting
provision.
The
commission
6
shall
keep
minutes
which
fully
and
clearly
describe
all
matters
7
discussed
in
a
meeting
and
shall
provide
a
full
and
accurate
8
summary
of
actions
taken,
of
any
person
participating
in
the
9
meeting,
and
the
reasons
therefore,
including
a
description
of
10
the
views
expressed.
All
documents
considered
in
connection
11
with
an
action
shall
be
identified
in
such
minutes.
All
12
minutes
and
documents
of
a
closed
meeting
shall
remain
under
13
seal,
subject
to
release
only
by
a
majority
vote
of
the
14
commission
or
order
of
a
court
of
competent
jurisdiction.
15
c.
The
commission
shall,
by
a
majority
vote
of
the
16
commissioners,
prescribe
bylaws
or
rules
to
govern
its
conduct
17
as
may
be
necessary
or
appropriate
to
carry
out
the
purposes
18
and
exercise
the
powers
of
this
compact,
including
but
not
19
limited
to
or
providing
for
all
of
the
following:
20
(1)
Establishing
the
fiscal
year
of
the
commission.
21
(2)
Providing
reasonable
standards
and
procedures
for
all
22
of
the
following:
23
(a)
The
establishment
and
meetings
of
other
committees.
24
(b)
Governing
any
general
or
specific
delegation
of
any
25
authority
or
function
of
the
commission.
26
(3)
Providing
reasonable
procedures
for
calling
and
27
conducting
meetings
of
the
commission,
ensuring
reasonable
28
advance
notice
of
all
meetings
and
providing
an
opportunity
29
for
attendance
of
such
meetings
by
interested
parties,
30
with
enumerated
exceptions
designed
to
protect
the
public’s
31
interest,
the
privacy
of
individuals
of
such
proceedings,
32
and
proprietary
information,
including
trade
secrets.
The
33
commission
may
meet
in
closed
session
only
after
a
majority
34
of
the
commissioners
vote
to
close
a
meeting
to
the
public
in
35
-19-
LSB
2496YH
(2)
91
ss/ko
19/
31
H.F.
255
whole
or
in
part.
As
soon
as
practicable,
the
commission
shall
1
make
public
a
copy
of
the
vote
to
close
the
meeting
revealing
2
the
vote
of
each
commissioner
with
no
proxy
votes
allowed.
3
(4)
Establishing
the
titles,
duties,
and
authority
and
4
reasonable
procedures
for
the
election
of
the
officers
of
the
5
commission.
6
(5)
Providing
reasonable
standards
and
procedures
for
the
7
establishment
of
the
personnel
policies
and
programs
of
the
8
commission.
Notwithstanding
any
civil
service
or
other
similar
9
law
of
any
compact
state,
the
bylaws
shall
exclusively
govern
10
the
personnel
policies
and
programs
of
the
commission.
11
(6)
Promulgating
a
code
of
ethics
to
address
permissible
and
12
prohibited
activities
of
commission
members
and
employees.
13
(7)
Providing
a
mechanism
for
concluding
the
operations
of
14
the
commission
and
the
equitable
disposition
of
any
surplus
15
funds
that
may
exist
after
the
termination
of
the
compact
after
16
the
payment
or
reserving
of
all
of
its
debts
and
obligations.
17
(8)
The
commission
shall
publish
its
bylaws
in
a
convenient
18
form
and
file
a
copy
thereof
and
a
copy
of
any
amendment
19
thereto,
with
the
appropriate
agency
or
officer
in
each
of
the
20
compact
states.
21
(9)
The
commission
shall
maintain
its
financial
records
in
22
accordance
with
the
bylaws.
23
(10)
The
commission
shall
meet
and
take
such
actions
as
are
24
consistent
with
the
provisions
of
this
compact
and
the
bylaws.
25
d.
The
commission
shall
have
all
of
the
following
powers:
26
(1)
The
authority
to
promulgate
uniform
rules
to
facilitate
27
and
coordinate
implementation
and
administration
of
this
28
compact.
The
rules
shall
have
the
force
and
effect
of
law
and
29
shall
be
binding
in
all
compact
states.
30
(2)
To
bring
and
prosecute
legal
proceedings
or
actions
in
31
the
name
of
the
commission,
provided
that
the
standing
of
any
32
state
psychology
regulatory
authority
or
other
regulatory
body
33
responsible
for
psychology
licensure
to
sue
or
be
sued
under
34
applicable
law
shall
not
be
affected.
35
-20-
LSB
2496YH
(2)
91
ss/ko
20/
31
H.F.
255
(3)
To
purchase
and
maintain
insurance
and
bonds.
1
(4)
To
borrow,
accept,
or
contract
for
services
of
2
personnel,
including
but
not
limited
to
employees
of
a
compact
3
state.
4
(5)
To
hire
employees,
elect
or
appoint
officers,
fix
5
compensation,
define
duties,
grant
such
individuals
appropriate
6
authority
to
carry
out
the
purposes
of
the
compact,
and
to
7
establish
the
commission’s
personnel
policies
and
programs
8
relating
to
conflicts
of
interest,
qualifications
of
personnel,
9
and
other
related
personnel
matters.
10
(6)
To
accept
any
and
all
appropriate
donations
and
grants
11
of
money,
equipment,
supplies,
materials
and
services,
and
to
12
receive,
utilize,
and
dispose
of
the
same;
provided
that
at
all
13
times
the
commission
shall
strive
to
avoid
any
appearance
of
14
impropriety
or
conflict
of
interest.
15
(7)
To
lease,
purchase,
accept
appropriate
gifts
or
16
donations
of,
or
otherwise
to
own,
hold,
improve,
or
use,
17
any
property,
real,
personal,
or
mixed;
provided
that
at
all
18
times
the
commission
shall
strive
to
avoid
any
appearance
of
19
impropriety.
20
(8)
To
sell,
convey,
mortgage,
pledge,
lease,
exchange,
21
abandon,
or
otherwise
dispose
of
any
property
real,
personal,
22
or
mixed.
23
(9)
To
establish
a
budget
and
make
expenditures.
24
(10)
To
borrow
money.
25
(11)
To
appoint
committees,
including
advisory
committees
26
comprised
of
members,
state
regulators,
state
legislators
or
27
their
representatives,
and
consumer
representatives,
and
such
28
other
interested
persons
as
may
be
designated
in
this
compact
29
and
the
bylaws.
30
(12)
To
provide
and
receive
information
from,
and
to
31
cooperate
with,
law
enforcement
agencies.
32
(13)
To
adopt
and
use
an
official
seal.
33
(14)
To
perform
such
other
functions
as
may
be
necessary
or
34
appropriate
to
achieve
the
purposes
of
this
compact
consistent
35
-21-
LSB
2496YH
(2)
91
ss/ko
21/
31
H.F.
255
with
the
state
regulation
of
psychology
licensure,
temporary
1
in-person,
face-to-face
practice,
and
telepsychology
practice.
2
e.
The
executive
board.
3
The
elected
officers
shall
serve
as
the
executive
board,
4
which
shall
have
the
power
to
act
on
behalf
of
the
commission
5
according
to
the
terms
of
this
compact.
6
(1)
The
executive
board
shall
be
comprised
of
the
following
7
six
members:
8
(a)
Five
voting
members
who
are
elected
from
the
current
9
membership
of
the
commission
by
the
commission.
10
(b)
One
ex
officio,
nonvoting
member
from
the
recognized
11
membership
organization
composed
of
state
and
provincial
12
psychology
regulatory
authorities.
13
(2)
The
ex
officio
member
must
have
served
as
staff
or
14
member
on
a
state
psychology
regulatory
authority
and
shall
be
15
selected
by
its
respective
organization.
16
(3)
The
commission
may
remove
any
member
of
the
executive
17
board
as
provided
in
the
bylaws.
18
(4)
The
executive
board
shall
meet
at
least
annually.
19
(5)
The
executive
board
shall
have
all
of
the
following
20
duties
and
responsibilities:
21
(a)
Recommend
to
the
entire
commission
changes
to
the
rules
22
or
bylaws,
changes
to
this
compact
legislation,
fees
paid
by
23
compact
states
such
as
annual
dues,
and
any
other
applicable
24
fees.
25
(b)
Ensure
compact
administration
services
are
26
appropriately
provided,
contractual
or
otherwise.
27
(c)
Prepare
and
recommend
the
budget.
28
(d)
Maintain
financial
records
on
behalf
of
the
commission.
29
(e)
Monitor
compact
compliance
of
member
states
and
provide
30
compliance
reports
to
the
commission.
31
(f)
Establish
additional
committees
as
necessary.
32
(g)
Other
duties
as
provided
in
the
rules
or
bylaws.
33
f.
Financing
of
the
commission.
34
(1)
The
commission
shall
pay,
or
provide
for
the
payment
of,
35
-22-
LSB
2496YH
(2)
91
ss/ko
22/
31
H.F.
255
the
reasonable
expenses
of
its
establishment,
organization,
and
1
ongoing
activities.
2
(2)
The
commission
may
accept
any
and
all
appropriate
3
revenue
sources,
donations
and
grants
of
money,
equipment,
4
supplies,
materials,
and
services.
5
(3)
The
commission
may
levy
on
and
collect
an
annual
6
assessment
from
each
compact
state
or
impose
fees
on
other
7
parties
to
cover
the
cost
of
the
operations
and
activities
of
8
the
commission
and
its
staff
which
must
be
in
a
total
amount
9
sufficient
to
cover
its
annual
budget
as
approved
each
year
10
for
which
revenue
is
not
provided
by
other
sources.
The
11
aggregate
annual
assessment
amount
shall
be
allocated
based
12
upon
a
formula
to
be
determined
by
the
commission
which
shall
13
promulgate
a
rule
binding
upon
all
compact
states.
14
(4)
The
commission
shall
not
incur
obligations
of
any
kind
15
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
16
shall
the
commission
pledge
the
credit
of
any
of
the
compact
17
states,
except
by
and
with
the
authority
of
the
compact
state.
18
(5)
The
commission
shall
keep
accurate
accounts
of
all
19
receipts
and
disbursements.
The
receipts
and
disbursements
of
20
the
commission
shall
be
subject
to
the
audit
and
accounting
21
procedures
established
under
its
bylaws.
However,
all
receipts
22
and
disbursements
of
funds
handled
by
the
commission
shall
be
23
audited
yearly
by
a
certified
or
licensed
public
accountant
and
24
the
report
of
the
audit
shall
be
included
in
and
become
part
of
25
the
annual
report
of
the
commission.
26
g.
Qualified
immunity,
defense,
and
indemnification.
27
(1)
The
members,
officers,
executive
director,
employees,
28
and
representatives
of
the
commission
shall
be
immune
from
suit
29
and
liability,
either
personally
or
in
their
official
capacity,
30
for
any
claim
for
damage
to
or
loss
of
property
or
personal
31
injury
or
other
civil
liability
caused
by
or
arising
out
of
any
32
actual
or
alleged
act,
error,
or
omission
that
occurred,
or
33
that
the
person
against
whom
the
claim
is
made
had
a
reasonable
34
basis
for
believing
occurred
within
the
scope
of
commission
35
-23-
LSB
2496YH
(2)
91
ss/ko
23/
31
H.F.
255
employment,
duties,
or
responsibilities;
provided
that
nothing
1
in
this
subparagraph
shall
be
construed
to
protect
any
such
2
person
from
suit
or
liability
for
any
damage,
loss,
injury,
3
or
liability
caused
by
the
intentional
or
willful
or
wanton
4
misconduct
of
that
person.
5
(2)
The
commission
shall
defend
any
member,
officer,
6
executive
director,
employee,
or
representative
of
the
7
commission
in
any
civil
action
seeking
to
impose
liability
8
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
9
that
occurred
within
the
scope
of
commission
employment,
10
duties,
or
responsibilities,
or
that
the
person
against
11
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
12
occurred
within
the
scope
of
commission
employment,
duties,
or
13
responsibilities;
provided
that
nothing
in
this
subparagraph
14
shall
be
construed
to
prohibit
that
person
from
retaining
the
15
person’s
own
counsel;
and
provided
further,
that
the
actual
16
or
alleged
act,
error,
or
omission
did
not
result
from
that
17
person’s
intentional
or
willful
or
wanton
misconduct.
18
(3)
The
commission
shall
indemnify
and
hold
harmless
19
any
member,
officer,
executive
director,
employee,
or
20
representative
of
the
commission
for
the
amount
of
any
21
settlement
or
judgment
obtained
against
that
person
arising
22
out
of
any
actual
or
alleged
act,
error,
or
omission
that
23
occurred
within
the
scope
of
commission
employment,
duties,
24
or
responsibilities,
or
that
such
person
had
a
reasonable
25
basis
for
believing
occurred
within
the
scope
of
commission
26
employment,
duties,
or
responsibilities,
provided
that
the
27
actual
or
alleged
act,
error,
or
omission
did
not
result
from
28
the
intentional
or
willful
or
wanton
misconduct
of
that
person.
29
11.
Article
XI
——
Rulemaking.
30
a.
The
commission
shall
exercise
its
rulemaking
powers
31
pursuant
to
the
criteria
set
forth
in
this
article
XI
and
the
32
rules
adopted
under
this
article
XI.
Rules
and
amendments
33
shall
become
binding
as
of
the
date
specified
in
each
rule
or
34
amendment.
35
-24-
LSB
2496YH
(2)
91
ss/ko
24/
31
H.F.
255
b.
If
a
majority
of
the
legislatures
of
the
compact
states
1
rejects
a
rule,
by
enactment
of
a
statute
or
resolution
in
the
2
same
manner
used
to
adopt
this
compact,
then
such
rule
shall
3
have
no
further
force
and
effect
in
any
compact
state.
4
c.
Rules
or
amendments
to
the
rules
shall
be
adopted
at
a
5
regular
or
special
meeting
of
the
commission.
6
d.
Prior
to
promulgation
and
adoption
of
a
final
rule
or
7
rules
by
the
commission,
and
at
least
sixty
days
in
advance
8
of
the
meeting
at
which
the
rule
will
be
considered
and
voted
9
upon,
the
commission
shall
file
a
notice
of
proposed
rulemaking
10
on
both
of
the
following:
11
(1)
On
the
website
of
the
commission.
12
(2)
On
the
website
of
each
compact
state’s
psychology
13
regulatory
authority
or
the
publication
in
which
each
state
14
would
otherwise
publish
proposed
rules.
15
e.
The
notice
of
proposed
rulemaking
shall
include
all
of
16
the
following:
17
(1)
The
proposed
time,
date,
and
location
of
the
meeting
in
18
which
the
rule
will
be
considered
and
voted
upon.
19
(2)
The
text
of
the
proposed
rule
or
amendment
and
the
20
reason
for
the
proposed
rule.
21
(3)
A
request
for
comments
on
the
proposed
rule
from
any
22
interested
person.
23
(4)
The
manner
in
which
interested
persons
may
submit
notice
24
to
the
commission
of
their
intention
to
attend
the
public
25
hearing
and
any
written
comments.
26
f.
Prior
to
adoption
of
a
proposed
rule,
the
commission
27
shall
allow
persons
to
submit
written
data,
facts,
opinions,
28
and
arguments,
which
shall
be
made
available
to
the
public.
29
g.
The
commission
shall
grant
an
opportunity
for
a
public
30
hearing
before
it
adopts
a
rule
or
amendment
if
a
hearing
is
31
requested
by
any
of
the
following:
32
(1)
At
least
twenty-five
persons
who
submit
comments
33
independently
of
each
other.
34
(2)
A
governmental
subdivision
or
agency.
35
-25-
LSB
2496YH
(2)
91
ss/ko
25/
31
H.F.
255
(3)
A
duly
appointed
person
in
an
association
that
has
at
1
least
twenty-five
members.
2
h.
If
a
hearing
is
held
on
the
proposed
rule
or
amendment,
3
the
commission
shall
publish
the
place,
time,
and
date
of
the
4
scheduled
public
hearing.
5
(1)
All
persons
wishing
to
be
heard
at
the
hearing
shall
6
notify
the
executive
director
of
the
commission
or
other
7
designated
member
in
writing
of
their
desire
to
appear
and
8
testify
at
the
hearing
not
less
than
five
business
days
before
9
the
scheduled
date
of
the
hearing.
10
(2)
Hearings
shall
be
conducted
in
a
manner
providing
each
11
person
who
wishes
to
comment
a
fair
and
reasonable
opportunity
12
to
comment
orally
or
in
writing.
13
(3)
No
transcript
of
the
hearing
is
required,
unless
14
a
written
request
for
a
transcript
is
made,
in
which
case
15
the
person
requesting
the
transcript
shall
bear
the
cost
of
16
producing
the
transcript.
A
recording
may
be
made
in
lieu
of
a
17
transcript
under
the
same
terms
and
conditions
as
a
transcript.
18
This
subparagraph
shall
not
preclude
the
commission
from
making
19
a
transcript
or
recording
of
the
hearing
if
it
so
chooses.
20
(4)
Nothing
in
this
article
shall
be
construed
as
requiring
21
a
separate
hearing
on
each
rule.
Rules
may
be
grouped
for
the
22
convenience
of
the
commission
at
hearings
required
by
this
23
article.
24
i.
Following
the
scheduled
hearing
date,
or
by
the
close
25
of
business
on
the
scheduled
hearing
date
if
the
hearing
was
26
not
held,
the
commission
shall
consider
all
written
and
oral
27
comments
received.
28
j.
The
commission
shall,
by
majority
vote
of
all
members,
29
take
final
action
on
the
proposed
rule
and
shall
determine
the
30
effective
date
of
the
rule,
if
any,
based
on
the
rulemaking
31
record
and
the
full
text
of
the
rule.
32
k.
If
no
written
notice
of
intent
to
attend
the
public
33
hearing
by
interested
parties
is
received,
the
commission
may
34
proceed
with
promulgation
of
the
proposed
rule
without
a
public
35
-26-
LSB
2496YH
(2)
91
ss/ko
26/
31
H.F.
255
hearing.
1
l.
Upon
determination
that
an
emergency
exists,
the
2
commission
may
consider
and
adopt
an
emergency
rule
without
3
prior
notice,
opportunity
for
comment,
or
hearing,
provided
4
that
the
usual
rulemaking
procedures
provided
in
this
compact
5
and
in
this
article
shall
be
retroactively
applied
to
the
rule
6
as
soon
as
reasonably
possible,
in
no
event
later
than
ninety
7
days
after
the
effective
date
of
the
rule.
For
the
purposes
of
8
this
paragraph,
an
emergency
rule
is
one
that
must
be
adopted
9
immediately
in
order
to
address
any
of
the
following:
10
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
11
welfare.
12
(2)
Prevent
a
loss
of
commission
or
compact
state
funds.
13
(3)
Meet
a
deadline
for
the
promulgation
of
an
14
administrative
rule
that
is
established
by
federal
law
or
rule.
15
(4)
Protect
public
health
and
safety.
16
m.
The
commission
or
an
authorized
committee
of
the
17
commission
may
direct
revisions
to
a
previously
adopted
rule
18
or
amendment
for
purposes
of
correcting
typographical
errors,
19
errors
in
format,
errors
in
consistency,
or
grammatical
errors.
20
Public
notice
of
any
revisions
shall
be
posted
on
the
website
21
of
the
commission.
The
revision
shall
be
subject
to
challenge
22
by
any
person
for
a
period
of
thirty
days
after
posting.
The
23
revision
may
be
challenged
only
on
grounds
that
the
revision
24
results
in
a
material
change
to
a
rule.
A
challenge
shall
be
25
made
in
writing,
and
delivered
to
the
chair
of
the
commission
26
prior
to
the
end
of
the
notice
period.
If
no
challenge
is
27
made,
the
revision
will
take
effect
without
further
action.
If
28
the
revision
is
challenged,
the
revision
shall
not
take
effect
29
without
the
approval
of
the
commission.
30
12.
Article
XII
——
Oversight,
dispute
resolution,
and
31
enforcement.
32
a.
Oversight.
33
(1)
The
executive,
legislative,
and
judicial
branches
34
of
state
government
in
each
compact
state
shall
enforce
this
35
-27-
LSB
2496YH
(2)
91
ss/ko
27/
31
H.F.
255
compact
and
take
all
actions
necessary
and
appropriate
to
1
effectuate
this
compact’s
purposes
and
intent.
The
provisions
2
of
this
compact
and
the
rules
promulgated
under
this
compact
3
shall
have
standing
as
statutory
law.
4
(2)
All
courts
shall
take
judicial
notice
of
this
compact
5
and
the
rules
in
any
judicial
or
administrative
proceeding
in
a
6
compact
state
pertaining
to
the
subject
matter
of
this
compact
7
which
may
affect
the
powers,
responsibilities,
or
actions
of
8
the
commission.
9
(3)
The
commission
shall
be
entitled
to
receive
service
10
of
process
in
any
such
proceeding,
and
shall
have
standing
to
11
intervene
in
such
a
proceeding
for
all
purposes.
Failure
to
12
provide
service
of
process
to
the
commission
shall
render
a
13
judgment
or
order
void
as
to
the
commission,
this
compact,
or
14
promulgated
rules.
15
b.
Default,
technical
assistance,
and
termination.
16
(1)
If
the
commission
determines
that
a
compact
state
17
has
defaulted
in
the
performance
of
its
obligations
or
18
responsibilities
under
this
compact
or
the
promulgated
rules,
19
the
commission
shall
do
all
of
the
following:
20
(a)
Provide
written
notice
to
the
defaulting
state
and
other
21
compact
states
of
the
nature
of
the
default,
the
proposed
means
22
of
remedying
the
default,
or
any
other
action
to
be
taken
by
23
the
commission.
24
(b)
Provide
remedial
training
and
specific
technical
25
assistance
regarding
the
default.
26
(2)
If
a
state
in
default
fails
to
remedy
the
default,
the
27
defaulting
state
may
be
terminated
from
this
compact
upon
an
28
affirmative
vote
of
a
majority
of
the
compact
states,
and
all
29
rights,
privileges,
and
benefits
conferred
by
this
compact
30
shall
be
terminated
on
the
effective
date
of
termination.
A
31
remedy
of
the
default
does
not
relieve
the
offending
state
32
of
obligations
or
liabilities
incurred
during
the
period
of
33
default.
34
(3)
Termination
of
membership
in
this
compact
shall
be
35
-28-
LSB
2496YH
(2)
91
ss/ko
28/
31
H.F.
255
imposed
only
after
all
other
means
of
securing
compliance
have
1
been
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
2
be
submitted
by
the
commission
to
the
governor,
the
majority
3
and
minority
leaders
of
the
defaulting
state’s
legislature,
and
4
each
of
the
compact
states.
5
(4)
A
compact
state
which
has
been
terminated
is
6
responsible
for
all
assessments,
obligations,
and
liabilities
7
incurred
through
the
effective
date
of
termination,
including
8
obligations
which
extend
beyond
the
effective
date
of
9
termination.
10
(5)
The
commission
shall
not
bear
any
costs
incurred
by
11
the
state
which
is
found
to
be
in
default
or
which
has
been
12
terminated
from
this
compact,
unless
agreed
upon
in
writing
13
between
the
commission
and
the
defaulting
state.
14
(6)
The
defaulting
state
may
appeal
the
action
of
the
15
commission
by
petitioning
the
United
States
district
court
for
16
the
District
of
Columbia
or
the
federal
district
where
the
17
compact
has
its
principal
offices.
The
prevailing
member
shall
18
be
awarded
all
costs
of
such
litigation,
including
reasonable
19
attorney
fees.
20
c.
Dispute
resolution.
21
(1)
Upon
request
by
a
compact
state,
the
commission
shall
22
attempt
to
resolve
disputes
related
to
this
compact
which
arise
23
among
compact
states
and
between
compact
and
noncompact
states.
24
(2)
The
commission
shall
promulgate
a
rule
providing
for
25
both
mediation
and
binding
dispute
resolution
for
disputes
that
26
arise
before
the
commission.
27
d.
Enforcement.
28
(1)
The
commission,
in
the
reasonable
exercise
of
its
29
discretion,
shall
enforce
the
provisions
and
rules
of
this
30
compact.
31
(2)
By
majority
vote,
the
commission
may
initiate
legal
32
action
in
the
United
States
district
court
for
the
District
33
of
Columbia
or
the
federal
district
where
the
compact
has
34
its
principal
offices
against
a
compact
state
in
default
to
35
-29-
LSB
2496YH
(2)
91
ss/ko
29/
31
H.F.
255
enforce
compliance
with
the
provisions
of
the
compact
and
its
1
promulgated
rules
and
bylaws.
The
relief
sought
may
include
2
both
injunctive
relief
and
damages.
In
the
event
judicial
3
enforcement
is
necessary,
the
prevailing
member
shall
be
4
awarded
all
costs
of
such
litigation,
including
reasonable
5
attorney’s
fees.
6
(3)
The
remedies
in
this
article
shall
not
be
the
exclusive
7
remedies
of
the
commission.
The
commission
may
pursue
any
8
other
remedies
available
under
federal
or
state
law.
9
13.
Article
XIII
——
Date
of
implementation
of
the
psychology
10
interjurisdictional
compact
commission
and
associated
rules,
11
withdrawal,
and
amendments.
12
a.
This
compact
shall
come
into
effect
on
the
date
on
which
13
the
compact
is
enacted
into
law
in
the
seventh
compact
state.
14
The
provisions
which
become
effective
at
that
time
shall
be
15
limited
to
the
powers
granted
to
the
commission
relating
to
16
assembly
and
the
promulgation
of
rules.
Thereafter,
the
17
commission
shall
meet
and
exercise
rulemaking
powers
necessary
18
to
the
implementation
and
administration
of
this
compact.
19
b.
Any
state
which
joins
the
compact
subsequent
to
the
20
commission’s
initial
adoption
of
the
rules
shall
be
subject
21
to
the
rules
as
they
exist
on
the
date
on
which
the
compact
22
becomes
law
in
that
state.
Any
rule
which
has
been
previously
23
adopted
by
the
commission
shall
have
the
full
force
and
effect
24
of
law
on
the
day
the
compact
becomes
law
in
that
state.
25
c.
Any
compact
state
may
withdraw
from
this
compact
by
26
enacting
a
statute
repealing
the
compact.
27
(1)
A
compact
state’s
withdrawal
shall
not
take
effect
until
28
six
months
after
enactment
of
the
repealing
statute.
29
(2)
Withdrawal
shall
not
affect
the
continuing
requirement
30
of
the
withdrawing
state’s
psychology
regulatory
authority
to
31
comply
with
the
investigative
and
adverse
action
reporting
32
requirements
of
this
compact
prior
to
the
effective
date
of
33
withdrawal.
34
d.
Nothing
contained
in
this
compact
shall
be
construed
to
35
-30-
LSB
2496YH
(2)
91
ss/ko
30/
31
H.F.
255
invalidate
or
prevent
any
psychology
licensure
agreement
or
1
other
cooperative
arrangement
between
a
compact
state
and
a
2
noncompact
state
which
does
not
conflict
with
the
provisions
of
3
this
compact.
4
e.
This
compact
may
be
amended
by
the
compact
states.
No
5
amendment
to
this
compact
shall
become
effective
and
binding
6
upon
any
compact
state
until
it
is
enacted
into
the
law
of
all
7
compact
states.
8
14.
Article
XIV
——
Construction
and
severability.
This
9
compact
shall
be
liberally
construed
so
as
to
effectuate
the
10
purposes
thereof.
If
this
compact
shall
be
held
contrary
to
11
the
constitution
of
any
compact
state,
the
compact
shall
remain
12
in
full
force
and
effect
as
to
the
remaining
compact
states.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
creates
an
interstate
compact
to
allow
17
psychologists
from
other
states
to
practice
telepsychology
with
18
patients
living
in
Iowa,
to
practice
“face-to-face”
psychology
19
on
a
temporary
basis
in
Iowa,
and
to
allow
Iowa
psychologists
20
to
practice
telepsychology
with
patients
in
other
states.
The
21
compact
is
intended
to
authorize
regulatory
authorities
to
22
afford
legal
recognition,
in
a
manner
consistent
with
the
terms
23
of
the
compact,
to
psychologists
licensed
in
another
state.
24
The
compact
does
not
apply
when
a
psychologist
is
licensed
25
in
both
the
“home”
and
“receiving”
states.
A
commission
is
26
created
to
oversee
the
compact,
which
is
effective
upon
the
27
enactment
into
law
by
the
seventh
compact
state.
28
-31-
LSB
2496YH
(2)
91
ss/ko
31/
31