AN ACT relating to the School Psychologist Interstate Licensure Compact.

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AN ACT relating to the School Psychologist Interstate Licensure Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 161 IS CREATED TO 3
READ AS FOLLOWS: 4
SECTION 1. PURPOSE 5
The purpose of this compact is to facilitate the interstate practice of school psychology 6
in educational or school settings, and in so doing to improve the availability of school 7
psychological services to the public. This compact is intended to establish a pathway to 8
allow school psychologists to obtain equivalent licenses to provide school psychological 9
services in any member state. In t his way, this compact shall enable the member states 10
to ensure that safe and effective school psychological services are available and 11
delivered by appropriately qualified professionals in their educational settings. 12
To facilitate the objectives described above, this compact: 13
A. Enables school psychologists who qualify for rec eipt of an equivalent license to 14
practice in other member states without first satisfying burdensome and 15
duplicative requirements; 16
B. Promotes the mobility of school psychologists between and among the member 17
states in order to address workforce shortages and to ensure that safe and reliable 18
school psychological services are available in each member state; 19
C. Enhances the public accessibility of school psychological services by increasing 20
the availability of qualified, licensed school psychologists through the 21
establishment of an efficient and streamlined pathway for licensees to practice in 22
other member states; 23
D. Preserves and respects the authority of each member state to protect the health 24
and safety of its residents by ensuring that only qualified, lice nsed professionals 25
are authorized to provide school psychological services within that state; 26
E. Requires school psychologists practicing within a member state to comply with 27
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the scope of practice laws present in the state where the school psychological 1
services are being provided; 2
F. Promotes cooperation between the member states in regulating the practice of 3
school psychology within those states; and 4
G. Facilitates the relocation of military members and their spouses who are licensed 5
to provide school psychological services. 6
SECTION 2. DEFINITIONS 7
A. "Active military member" means any person with full -time duty status in the 8
Armed Forces of the United States, including members of the National Guard 9
and Reserve; 10
B. "Adverse action" means disciplinary action or encumbrance imposed on a 11
license by a state licensing authority; 12
C. "Alternative program" means a non -disciplinary, prosecutorial diversion, 13
monitoring, or practice remediation process entered into in lieu of an adverse 14
action which is applicable to a school psychologist and approved by the state 15
licensing authority of a member state in which the participating school 16
psychologist is licensed. This includes but is not limited to programs to which 17
licensees with substance abuse or addiction issues may be referred in lieu of an 18
adverse action; 19
D. "Commissioner" means the individual appointed by a member state to serve as 20
the representative to the commission for that member state; 21
E. "Compact" means this School Psychologist Interstate Licensure Compact; 22
F. "Continuing professional education" means a requirement, imposed by a 23
member state as a condition of license renewal to provide evidence of successful 24
participation in professional educational activities relevant to the provision of 25
school psychological services; 26
G. "Criminal background check" means the submission of fingerprints or other 27
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biometric information for a license applicant for the purpose of obtaining that 1
applicant’s criminal history record information, as defined in 28 C.F.R. sec. 2
20.3(d), and the state’s criminal history record repository as defined in 28 C.F.R. 3
sec. 20.3(f); 4
H. "Doctoral level degree" means a graduate degree program that consists of at 5
least ninety (90) graduate semester hours in the field of school psychology 6
including a supervised internship; 7
I. "Encumbered license" means a license that a state licensing authority has 8
limited in any way other than through an alternative program, including 9
temporary or provisional licenses; 10
J. "Executive committee" means the commission’s chair, vice chair, secretary, and 11
treasurer and any other commissioners as may be determined by commission rule 12
or bylaw; 13
K. "Equivalent license" means a license to practice school psychology which a 14
member state has identified as a license which may be provided to school 15
psychologists from other member states pursuant to this compact; 16
L. "Home state" means the member state that issued the home state license to the 17
licensee and is the licensee’s primary state of practice; 18
M. "Home state license" means the license that is not an encumbered license issued 19
by the home state to provide school psychological services; 20
N. "License" means a current license, certification, or other authorization granted 21
by a member state’s licensing authority that permits an individual to provide 22
school psychological services; 23
O. "Licensee" means an individual who holds a license from a member state to 24
provide school psychological services; 25
P. "Member state" means a state that has enacted the compact and been admitted to 26
the commission in accordance with the provisions herein and commission rules; 27
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Q. "Model compact" means the model language for the School Psychologist 1
Interstate Licensure Compact on file with the Council of State Governments or 2
other entity as designated by the commission; 3
R. "Practice of school psychology" means the delivery of school psychological 4
services; 5
S. "Qualifying national exam" means a national licensing examination endorsed by 6
the National Association of School Psychologists and any other exam as 7
approved by the rules of the commission; 8
T. "Qualifying school psychologist education program" means an education 9
program which awards a specialist -level or doctoral -level degree or equivalent 10
upon completion and is approved by the rules of the commission as meeting the 11
necessary minimum educational standards to ensure that its graduates are ready, 12
qualified, and able to engage in the practice of school psychology; 13
U. "Remote state" means a member state other than the home state where a licensee 14
holds a license through the compact; 15
V. "Rule" means a regulation promulgated by an entity, including but not limited to 16
the commission and the state licensing authority of each member state, that has 17
the force of law; 18
W. "School psychological services" means academic, mental and behavioral health 19
services, including assessment, prevention, consultation and collaboration, 20
intervention, and evaluation provided by a school psycholo gist in a school, as 21
outlined in applicable professional standards as determined by commission rule; 22
X. "School psychologist" means an individual who has met the requirements to 23
obtain a home state license that legally conveys the professional title of sch ool 24
psychologist, or its equivalent as determined by the rules of the commission; 25
Y. "School Psychologist Interstate Licensure Compact Commission" or 26
"commission" means the joint government agency established by this compact 27
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whose membership consists of re presentatives from each member state that has 1
enacted the compact, and as further described in Section 7 of this compact; 2
Z. "Scope of practice" means the procedures, actions, and processes a school 3
psychologist licensed in a state is permitted to undertak e in that state and the 4
circumstances under which that licensee is permitted to undertake those 5
procedures, actions, and processes. Such procedures, actions, and processes, and 6
the circumstances under which they may be undertaken, may be established 7
through means including but not limited to statute, regulations, case law, and 8
other processes available to the state licensing authority or other government 9
agency; 10
AA. "Specialist-level degree" means a degree program that requires at least sixty (60) 11
graduate semester hours or equivalent in the field of school psychology including 12
a supervised internship; 13
BB. "State" means any state, commonwealth, district, or territory of the United States 14
of America; 15
CC. "State licensing authority" means a member state’s regu latory body responsible 16
for issuing licenses or otherwise overseeing the practice of school psychology; 17
DD. "State specific requirement" means a requirement for licensure covered in 18
coursework or examination that includes content of unique interest to the state; 19
and 20
EE. "Unencumbered license" means a license that authorizes a licensee to engage in 21
the full and unrestricted practice of school psychology. 22
SECTION 3. STATE PARTICIPATION IN THE COMPACT 23
A. To be eligible to join this compact, and to maintain eligibility as a member state, a 24
state must: 25
1. Enact a compact statute that is not materially different from the model 26
compact as defined in the commission’s rules; 27
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2. Participate in the sharing of information with other member states as 1
reasonably necessary to accomplish the objectives of this compact, and as 2
further defined in Section 8 of this compact; 3
3. Identify and maintain with the commission a list of equivalent licenses 4
available to licensees who hold a home state license under this compact; 5
4. Have a mechanism in place for receiving and investigating complaints 6
about licensees; 7
5. Notify the commission, in compliance with the terms of the compact and the 8
commission’s rules, of any adverse action taken against a licensee, or of the 9
availability of inv estigative information which relates to a licensee or 10
applicant for licensure; 11
6. Require that applicants for a home state license have: 12
a. Taken and passed a qualifying national exam as defined by the rules 13
of the commission; 14
b. Completed a minimum of one thousand two hundred (1,200) hours of 15
supervised internship, of which at least six hundred (600) hours must 16
have been completed in a school, prior to being approved for 17
licensure; and 18
c. Graduated from a qualifying school psychologist education program; 19
and 20
7. Comply with the terms of this compact and the rules of the commission. 21
B. Each member state shall grant an equivalent license to practice school 22
psychology in that state upon application by a licensee who satisfies the criteria of 23
Section 4.A. of thi s compact. Each member state shall grant renewal of the 24
equivalent license to a licensee who satisfies the criteria of Section 4.B. of this 25
compact. 26
C. Member states may set and collect a fee for granting an equivalent license. 27
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SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT 1
A. To obtain and maintain an equivalent license from a remote state under this 2
compact, a licensee must: 3
1. Hold and maintain an active home state license; 4
2. Satisfy any applicable state specific requirements established by the member 5
state after an equivalent license is granted; 6
3. Complete any administrative or application requirements which the 7
commission may establish by rule, and pay any associated fees; 8
4. Complete any requirements for renewal in the home state, including 9
applicable continuing professional education requirements; and 10
5. Upon their application to receive a license under this compact, undergo a 11
criminal background check in the member state i n which the equivalent 12
license is sought in accordance with the laws and regulations of such 13
member state. 14
B. To renew an equivalent license in a member state other than the home state, a 15
licensee must only apply for renewal, complete a background check, a nd pay 16
renewal fees as determined by the licensing authority. 17
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES 18
A licensee who is an active military member or is the spouse of an active military 19
member shall be deemed to hold a home state license in any of the following locations: 20
A. The licensee’s permanent residence; 21
B. A member state that is the licensee’s primary state of practice; or 22
C. A member state where the licensee has relocated pursuant to a permanent change 23
of station (PCS). 24
SECTION 6. DISCIPLINE AND ADVERSE ACTIONS 25
A. Nothing in this compact shall be deemed or construed to limit the authority of a 26
member state to investigate or impose disciplinary measures on licensees 27
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according to the state practice laws thereof. 1
B. Member states shall be au thorized to receive, and shall provide, files and 2
information regarding the investigation and discipline, if any, of licensees in 3
other member states upon request. Any member state receiving such information 4
or files shall protect and maintain the security and confidentiality thereof, in at 5
least the same manner that it maintains its own investigatory or disciplinary files 6
and information. Prior to disclosing any disciplinary or investigatory information 7
received from another member state, the disclosing st ate shall communicate its 8
intention and purpose for such disclosure to the member state which originally 9
provided that information. 10
SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST 11
INTERSTATE LICENSURE COMPACT COMMISSION 12
A. The member states hereby crea te and establish a joint government agency whose 13
membership consists of all member states that have enacted the compact, and this 14
agency shall be known as the School Psychologist Interstate Licensure Compact 15
Commission. The commission is an instrumentality of the member states acting 16
jointly and not an instrumentality of any one (1) state. The commission shall 17
come into existence on or after the effective date of the compact as set forth in 18
Section 11 of this compact. 19
B. Membership, voting, and meetings: 20
1. Each member state shall have and be limited to one (1) delegate selected by 21
that member state’s state licensing authority. 22
2. The delegate shall be the primary administrative officer of the member state 23
licensing authority or their designee who is an empl oyee of the member 24
state licensing authority. 25
3. The commission shall by rule or bylaw establish a term of office for 26
delegates and may by rule or bylaw establish term limits. 27
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4. The commission may recommend removal or suspension of any delegate 1
from office. 2
5. A member state’s licensing authority shall fill any vacancy of its delegate 3
occurring on the commission within sixty (60) days of the vacancy. 4
6. Each delegate shall be entitled to one (1) vote on all matters before the 5
commission requiring a vote by commission delegates. 6
7. A delegate shall vote in person or by such other means as provided in the 7
bylaws. The bylaws may provide for delegates to meet by 8
telecommunication, videoconference, or other means of communication. 9
8. The commission shall meet at least once during each calendar year. 10
Additional meetings may be held as set forth in the bylaws. The commission 11
may meet by telecommunication, videoconference or other similar 12
electronic means. 13
C. The commission shall have the following powers: 14
1. Establish the fiscal year of the commission; 15
2. Establish code of conduct and conflict of interest policies; 16
3. Establish and amend rules and bylaws; 17
4. Establish the procedure through which a licensee may change their home 18
state; 19
5. Maintain its financial records in accordance with the bylaws; 20
6. Meet and take such actions as are consistent with the provisions of this 21
compact, the commission’s rules, and the bylaws; 22
7. Initiate and conclude legal proceedings or actions in the name of the 23
commission, provid ed that the standing of any member state licensing 24
authority to sue or be sued under applicable law shall not be affected; 25
8. Maintain and certify records and information provided to a member state as 26
the authenticated business records of the commission, a nd designate an 27
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agent to do so on the commission's behalf; 1
9. Purchase and maintain insurance and bonds; 2
10. Borrow, accept, or contract for services of personnel, including but not 3
limited to employees of a member state; 4
11. Conduct an annual financial review; 5
12. Hire employees, elect or appoint officers, fix compensation, define duties, 6
grant such individuals appropriate authority to carry out the purposes of the 7
compact, and establish the commission’s personnel policies and programs 8
relating to conflic ts of interest, qualifications of personnel, and other 9
related personnel matters; 10
13. Assess and collect fees; 11
14. Accept any and all appropriate gifts, donations, grants of money, other 12
sources of revenue, equipment, supplies, materials, and services, and 13
receive, utilize, and dispose of the same, provided that at all times the 14
commission shall avoid any appearance of impropriety and/or conflict of 15
interest; 16
15. Lease, purchase, retain, own, hold, improve, or use any property, real, 17
personal, or mixed, or any undivided interest therein; 18
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 19
dispose of any property real, personal, or mixed; 20
17. Establish a budget and make expenditures; 21
18. Borrow money; 22
19. Appoint committees, including s tanding committees, composed of members, 23
state regulators, state legislators or their representatives, and consumer 24
representatives, and such other interested persons as may be designated in 25
this compact and the bylaws; 26
20. Provide and receive information from, and cooperate with, law enforcement 27
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agencies; 1
21. Establish and elect an executive committee, including a chair and a vice 2
chair; 3
22. Determine whether a state’s adopted language is materially different from 4
the model compact language such that the s tate would not qualify for 5
participation in the compact; and 6
23. Perform such other functions as may be necessary or appropriate to achieve 7
the purposes of this compact. 8
D. The executive committee: 9
1. The executive committee shall have the power to act on behalf of the 10
commission according to the terms of this compact. The powers, duties, and 11
responsibilities of the executive committee shall include: 12
a. Oversee the day -to-day activities of the administration of the compact 13
including enforcement and complian ce with the provisions of the 14
compact, its rules and bylaws, and other such duties as deemed 15
necessary; 16
b. Recommend to the commission changes to the rules or bylaws, 17
changes to this compact legislation, fees charged to member states, 18
fees charged to licensees, and other fees; 19
c. Ensure compact administration services are appropriately provided, 20
including by contract; 21
d. Prepare and recommend the budget; 22
e. Maintain financial records on behalf of the commission; 23
f. Monitor compact compliance of member states, and provide 24
compliance reports to the commission; 25
g. Establish additional committees as necessary; 26
h. Exercise the powers and duties of the commission d uring the interim 27
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between commission meetings, except for adopting or amending rules, 1
adopting or amending bylaws, and exercising any other powers and 2
duties expressly reserved to the commission by rule or bylaw; and 3
i. Other duties as provided in the rules or bylaws of the commission. 4
2. The executive committee shall be composed of up to seven (7) members: 5
a. The chair and vice chair of the commission shall be voting members 6
of the executive committee; and 7
b. The commission shall elect five (5) voting memb ers from the current 8
membership of the commission. 9
3. The commission may remove any member of the executive committee as 10
provided in the commission’s bylaws. 11
4. The executive committee shall meet at least annually. 12
a. Executive committee meetings shall be open to the public, except that 13
the executive committee may meet in a closed, non -public meeting as 14
provided in subsection F.2. of this section. 15
b. The executive committee shall give thirty (30) days’ notice of its 16
meetings, posted on its website and as de termined to provide notice to 17
persons with an interest in the business of the commission. 18
c. The executive committee may hold a special meeting in accordance 19
with subsection F.1.b. of this section. 20
E. The commission shall adopt and provide to the member states an annual report. 21
F. Meetings of the commission: 22
1. All meetings shall be open to the public, except that the commission may 23
meet in a closed, non -public meeting as provided in subsection F.2. of this 24
section. 25
a. Public notice for all meetings of the full commission shall be given in 26
the same manner as required under the rulemaking provisions in 27
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Section 9 of this compact, except that the commission may hold a 1
special meeting as provided in subsection F.1.b. of this section. 2
b. The commission may hold a special meeting when it must meet to 3
conduct emergency business by giving forty-eight (48) hours’ notice to 4
all commissioners, on the commission’s website, and other means as 5
provided in the commission’s rules. The commission’s legal counsel 6
shall certify that the commission’s need to meet qualifies as an 7
emergency. 8
2. The commission or the executive committee or other committees of the 9
commission may convene in a closed, non -public meeting for the 10
commission or executive committee or other committees of t he commission 11
to receive legal advice or to discuss: 12
a. Non-compliance of a member state with its obligations under the 13
compact; 14
b. The employment, compensation, discipline or other matters, practices 15
or procedures related to specific employees; 16
c. Current or threatened discipline of a licensee by the commission or by 17
a member state’s licensing authority; 18
d. Current, threatened, or reasonably anticipated litigation; 19
e. Negotiation of contracts for the purchase, lease, or sale of goods, 20
services, or real estate; 21
f. Accusing any person of a crime or formally censuring any person; 22
g. Trade secrets or commercial or financial information that is privileged 23
or confidential; 24
h. Information of a personal nature where disclosure would constitute a 25
clearly unwarranted invasion of personal privacy; 26
i. Investigative records compiled for law enforcement purposes; 27
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j. Information related to any investigative reports prepared by or on 1
behalf of or for use of the commission or other committee charged 2
with responsibility of investigation or determination of compliance 3
issues pursuant to the compact; 4
k. Matters specifically exempted from disclosure by federal or member 5
state law; or 6
l. Other matters as promulgated by the commission by rule. 7
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall 8
state that the meeting will be closed and reference each relevant exempting 9
provision, and such reference shall be recorded in the minutes. 10
4. The commission shall keep minutes that fully and clearly describe all 11
matters discussed in a meeting and shall provide a full and accurate 12
summary of actions taken, and the reasons therefore, including a 13
description of the views expressed . All documents considered in connection 14
with an action shall be identified in such minutes. All minutes and 15
documents of a closed meeting shall remain under seal, subject to release 16
only by a majority vote of the commission or order of a court of competen t 17
jurisdiction. 18
G. Financing of the commission: 19
1. The commission shall pay, or provide for the payment of, the reasonable 20
expenses of its establishment, organization, and ongoing activities. 21
2. The commission may accept any and all appropriate revenue sou rces as 22
provided in subsection C.14. of this section. 23
3. The commission may levy on and collect an annual assessment from each 24
member state and impose fees on licensees practicing in the member states 25
under an equivalent license to cover the cost of the op erations and activities 26
of the commission and its staff, which must be in a total amount sufficient 27
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to cover its annual budget as approved each year for which revenue is not 1
provided by other sources. The aggregate annual assessment amount for 2
member states shall be allocated based upon a formula that the commission 3
shall promulgate by rule. 4
4. The commission shall not incur obligations of any kind prior to securing 5
the funds adequate to meet the same; nor shall the commission pledge the 6
credit of any of th e member states, except by and with the authority of the 7
member state. 8
5. The commission shall keep accurate accounts of all receipts and 9
disbursements. The receipts and disbursements of the commission shall be 10
subject to the financial review and accounting procedures established under 11
its bylaws. However, all receipts and disbursements of funds handled by the 12
commission shall be subject to an annual financial review by a certified or 13
licensed public accountant, and the report of the financial review shall be 14
included in and become part of the annual report of the commission. 15
H. Qualified immunity, defense, and indemnification: 16
1. The members, officers, executive director, employees and representatives of 17
the commission shall be immune from suit and liability, both personally and 18
in their official capacity, for any claim for damage to or loss of property or 19
personal injury or other civil liability caused by or arising out of any actual 20
or alleged act, error, or omission that occurred, or that the person again st 21
whom the claim is made had a reasonable basis for believing occurred 22
within the scope of commission employment, duties or responsibilities; 23
provided that nothing in this paragraph shall be construed to protect any 24
such person from suit or liability for any damage, loss, injury, or liability 25
caused by the intentional or willful or wanton misconduct of that person. 26
The procurement of insurance of any type by the commission shall not in 27
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any way compromise or limit the immunity granted hereunder. 1
2. The comm ission shall defend any member, officer, executive director, 2
employee, and representative of the commission in any civil action seeking 3
to impose liability arising out of any actual or alleged act, error, or omission 4
that occurred within the scope of commi ssion employment, duties, or 5
responsibilities, or as determined by the commission that the person against 6
whom the claim is made had a reasonable basis for believing occurred 7
within the scope of commission employment, duties, or responsibilities; 8
provided that nothing herein shall be construed to prohibit that person from 9
retaining their own counsel at their own expense; and provided further, that 10
the actual or alleged act, error, or omission did not result from that person’s 11
intentional or willful or wanton misconduct. 12
3. The commission shall indemnify and hold harmless any member, officer, 13
executive director, employee, and representative of the commission for the 14
amount of any settlement or judgment obtained against that person arising 15
out of any actual or alleged act, error, or omission that occurred within the 16
scope of commission employment, duties, or responsibilities, or that such 17
person had a reasonable basis for believing occurred within the scope of 18
commission employment, duties, or responsibilities, provided that the actual 19
or alleged act, error, or omission did not result from the intentional or 20
willful or wanton misconduct of that person. 21
4. Nothing herein shall be construed as a limitation on the liability of any 22
licensee for professional malpract ice or misconduct, which shall be 23
governed solely by any other applicable state laws. 24
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate 25
a member state’s state action immunity or state action affirmative defense 26
with respect to antitrust claims under the Sherman Act, Clayton Act, or any 27
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other state or federal antitrust or anticompetitive law or regulation. 1
6. Nothing in this compact shall be construed to be a waiver of sovereign 2
immunity by the member states or by the commission. 3
SECTION 8. FACILITATING INFORMATION EXCHANGE 4
A. The commission shall provide for facilitating the exchange of information to 5
administer and implement the provisions of this compact in accordance with the 6
rules of the commission, consistent with generally accepted data protection 7
principles. 8
B. Notwithstanding any other provision of state law to the contrary, a member state 9
shall agree to provide for the facilitation of the following licensee information as 10
required by the rules of the commission, including: 11
1. Identifying information; 12
2. Licensure data; 13
3. Adverse actions against a license and information related thereto; 14
4. Non-confidential information related to alternative program participation, 15
the beginning and ending dates of such participation, and other information 16
related to such participation not made confidential under member state law; 17
5. Any denial of application for licensure, and the reason(s) for such denial; 18
6. The presence of investigative information; and 19
7. Other information that may facilitate the administration of this compact or 20
the protection of the public, as determined by the rules of the commission. 21
C. Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the 22
power of a member state to control and maintain ownership of its licensee 23
information or alter, limit, or inhibit the laws or regulations governing licensee 24
information in the member state. 25
SECTION 9. RULEMAKING 26
A. The commission shall exercise its rulemaking powers pursuant to the criteria set 27
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forth in this interstate compact and the rules adopted thereunder. Rules and 1
amendments shall become binding as of the date speci fied in each rule or 2
amendment. 3
B. The commission shall promulgate reasonable rules to achieve the intent and 4
purpose of this interstate compact. In the event the commission exercises its 5
rulemaking authority in a manner that is beyond purpose and intent o f this 6
interstate compact, or the powers granted hereunder, then such an action by the 7
commission shall be invalid and have no force and effect of law in the member 8
states. 9
C. If a majority of the legislatures of the member states rejects a rule, by enactm ent 10
of a statute or resolution in the same manner used to adopt the compact within 11
four (4) years of the date of adoption of the rule, then such rule shall have no 12
further force and effect in any member state. 13
D. Rules or amendments to the rules shall be a dopted or ratified at a regular or 14
special meeting of the commission in accordance with commission rules and 15
bylaws. 16
E. Prior to promulgation and adoption of a final rule or rules by the commission, 17
and at least thirty (30) days in advance of the meeting a t which the rule will be 18
considered and voted upon, the commission shall file a notice of proposed 19
rulemaking: 20
1. On the website of the commission or other publicly accessible platform; and 21
2. On the website of each member state licensing authority or othe r publicly 22
accessible platform or the publication in which each state would otherwise 23
publish proposed rules. 24
F. Upon determination that an emergency exists, the commission may consider and 25
adopt an emergency rule with forty -eight (48) hours’ notice, with opportunity to 26
comment, provided that the usual rulemaking procedures shall be retroactively 27
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applied to the rule as soon as reasonably possible, in no event later than ninety 1
(90) days after the effective date of the rule. For the purposes of this provision, an 2
emergency rule is one that must be adopted immediately in order to: 3
1. Meet an imminent threat to public health, safety, or welfare; 4
2. Prevent a loss of commission or member state funds; 5
3. Meet a deadline for the promulgation of an administrative r ule that is 6
established by federal law or rule; or 7
4. Protect public health and safety. 8
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 9
A. Oversight: 10
1. The executive and judicial branches of the state government in each 11
member state shall enfor ce this compact and take all actions necessary and 12
appropriate to implement the compact. 13
2. Venue is proper and judicial proceedings by or against the commission shall 14
be brought solely and exclusively in a court of competent jurisdiction where 15
the princip al office of the commission is located. The commission may 16
waive venue and jurisdictional defenses to the extent it adopts or consents to 17
participate in alternative dispute resolution proceedings. Nothing herein 18
shall affect or limit the selection or propr iety of venue in any action against 19
a licensee for professional malpractice, misconduct or any such similar 20
matter. 21
3. The commission shall be entitled to receive service of process in any 22
proceeding regarding the enforcement or interpretation of the compa ct and 23
shall have standing to intervene in such a proceeding for all purposes. 24
Failure to provide the commission service of process shall render a 25
judgment or order void as to the commission, this compact, or promulgated 26
rules. 27
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B. Default, technical assistance, and termination: 1
1. If the commission determines that a member state has defaulted in the 2
performance of its obligations or responsibilities under this compact or the 3
promulgated rules, the commission shall provide written notice to the 4
defaulting st ate. The notice of default shall describe the default, the 5
proposed means of curing the default, and any other action that the 6
commission may take, and shall offer training and specific technical 7
assistance regarding the default. 8
2. The commission shall pr ovide a copy of the notice of default to the other 9
member states. 10
C. If a state in default fails to cure the default, the defaulting state may be 11
terminated from the compact upon an affirmative vote of a supermajority of the 12
delegates of the member states, and all rights, privileges and benefits conferred 13
on that state by this compact may be terminated on the effective date of 14
termination. A cure of the default does not relieve the offending state of 15
obligations or liabilities incurred during the period of default. 16
D. Termination of membership in the compact shall be imposed only after all other 17
means of securing compliance have been exhausted. Notice of intent to suspend 18
or terminate shall be given by the commission to the governor, the majority and 19
minority leaders of the defaulting state’s legislature, the defaulting state’s 20
licensing authority, and each of the member states’ licensing authorities. 21
E. A state that has been terminated is responsible for all assessments, obligations, 22
and liabilities incurred through the effective date of termination, including 23
obligations that extend beyond the effective date of termination. 24
F. Upon the termination of a state’s membership from this compact, that state shall 25
immediately provide notice to all licensees within that state of such termination. 26
The terminated state shall continue to recognize all licenses granted pursuant to 27
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this compact for a minimum of six (6) months after the date of said notice of 1
termination. 2
G. The commission shall not bear any costs related to a state th at is found to be in 3
default or that has been terminated from the compact, unless agreed upon in 4
writing between the commission and the defaulting state. 5
H. The defaulting state may appeal the action of the commission by petitioning the 6
United States Distr ict Court for the District of Columbia or the federal district 7
where the commission has its principal offices. The prevailing party shall be 8
awarded all costs of such litigation, including reasonable attorney’s fees. 9
I. Dispute resolution: 10
1. Upon request by a member state, the commission shall attempt to resolve 11
disputes related to the compact that arise among member states and between 12
member and non-member states. 13
2. The commission shall promulgate a rule providing for both mediation and 14
binding dispute resolution for disputes as appropriate. 15
J. Enforcement: 16
1. By majority vote as provided by rule, the commission may initiate legal 17
action against a member state in default in the United States District Court 18
for the District of Columbia or the federal distr ict where the commission 19
has its principal offices to enforce compliance with the provisions of the 20
compact and its promulgated rules. The relief sought may include both 21
injunctive relief and damages. In the event judicial enforcement is 22
necessary, the prevailing party shall be awarded all costs of such litigation, 23
including reasonable attorney’s fees. The remedies herein shall not be the 24
exclusive remedies of the commission. The commission may pursue any 25
other remedies available under federal or the defaulting member state’s law. 26
2. A member state may initiate legal action against the commission in the 27
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United States District Court for the District of Columbia or the federal 1
district where the Commission has its principal offices to enforce 2
compliance with the provisions of the compact and its promulgated rules. 3
The relief sought may include both injunctive relief and damages. In the 4
event judicial enforcement is necessary, the prevailing party shall be 5
awarded all costs of such litigation, including reasonable attorney’s fees. 6
3. No person other than a member state shall enforce this compact against the 7
commission. 8
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 9
A. The compact shall come into effect on the date on which the compact statute is 10
enacted into law in the seventh member state. 11
1. On or after the effective date of the compact indicated above, the 12
commission shall convene and review the enactment of each of the charter 13
member states to determine if the statute enacted by each such charter 14
member state is materially different than the model compact statute. 15
a. A charter member state whose enactment is found to be materially 16
different from the model compact statute shall be entitled to the 17
default process set forth in Section 10 of this compact. 18
b. If any member state is later found to be in default, or is terminated or 19
withdraws from the compact, the commission shall remain in 20
existence and the compact shall remain in effect even if the number of 21
member states should be less than seven (7). 22
2. Member states enacting the compact subsequent to the charter member 23
states shall be subject to the process set forth in Section 7.C.22. of this 24
compact to determine if their enactments are materially different from the 25
model compact statute and whether they q ualify for participation in the 26
compact. 27
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3. All actions taken for the benefit of the commission or in furtherance of the 1
purposes of the administration of the compact prior to the effective date of 2
the compact or the commission coming into existence shall be considered to 3
be actions of the commission unless specifically repudiated by the 4
commission. 5
a. Any state that joins the compact subsequent to the commission’s initial 6
adoption of the rules and bylaws shall be subject to the rules and 7
bylaws as they exist on the date on which the compact becomes law in 8
that state. Any rule that has been previously adopted by the 9
commission shall have the full force and effect of law on the day the 10
compact becomes law in that state. 11
b. Any member state may withdraw from t his compact by enacting a 12
statute repealing the same. 13
B. A member state’s withdrawal shall not take effect until one hundred eighty (180) 14
days after enactment of the repealing statute. 15
C. Withdrawal shall not affect the continuing requirement of the withdr awing 16
state’s licensing authority to comply with the investigative and adverse action 17
reporting requirements of this compact prior to the effective date of withdrawal. 18
D. Upon the enactment of a statute withdrawing from this compact, a state shall 19
immediately provide notice of such withdrawal to all licensees within that state. 20
Notwithstanding any subsequent statutory enactment to the contrary, such 21
withdrawing state shall continue to recognize all licenses granted pursuant to this 22
compact for a minimum of six (6) months after the date of such notice of 23
withdrawal. 24
1. Nothing contained in this compact shall be construed to invalidate or 25
prevent any licensure agreement or other cooperative arrangement between 26
a member state and a non -member state that does no t conflict with the 27
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provisions of this compact. 1
2. This compact may be amended by the member states. No amendment to this 2
compact shall become effective and binding upon any member state until it 3
is enacted into the laws of all member states. 4
SECTION 12. CONSTRUCTION AND SEVERABILITY 5
A. This compact and the commission’s rulemaking authority shall be liberally 6
construed so as to effectuate the purposes, and the implementation and 7
administration of the compact. Provisions of the compact expressly authorizing or 8
requiring the promulgation of rules shall not be construed to limit the 9
commission’s rulemaking authority solely for those purposes. 10
B. The provisions of this compact shall be severable and if any phrase, clause, 11
sentence or provision of th is compact is held by a court of competent jurisdiction 12
to be contrary to the constitution of any member state, a state seeking 13
participation in the compact, or of the United States, or the applicability thereof 14
to any government, agency, person or circums tance is held to be unconstitutional 15
by a court of competent jurisdiction, the validity of the remainder of this compact 16
and the applicability thereof to any other government, agency, person or 17
circumstance shall not be affected thereby. 18
C. Notwithstanding subsection B. of this section, the commission may deny a state’s 19
participation in the compact or, in accordance with the requirements of Section 20
10.B. of this compact, terminate a member state’s participation in the compact, if 21
it determines that a consti tutional requirement of a member state is a material 22
departure from the compact. Otherwise, if this compact shall be held to be 23
contrary to the constitution of any member state, the compact shall remain in full 24
force and effect as to the remaining member s tates and in full force and effect as 25
to the member state affected as to all severable matters. 26
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 27
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LAWS 1
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 2
member state that is not inconsistent with the compact. 3
B. Any laws, statutes, regulations, or other legal requirements in a member state in 4
conflict with the compact are superseded to the extent of the conflict. 5
C. All permissible agreements between the commission an d the member states are 6
binding in accordance with their terms. 7
SECTION 14. APPLICABILITY OF KENTUCKY STATE GOVERNMENT 8
In order to clarify the effect of certain provisions of this compact and to ensure that the 9
rights and responsibilities of the various br anches of government are maintained, the 10
following shall be in effect in this state: 11
A. By entering into this compact, this state authorizes the state licensing authority as 12
defined in Section 2.CC. of this compact and as created by KRS 161.028 to 13
implement the provisions of this compact. 14
B. Notwithstanding any provision of this compact to the contrary: 15
1. When a rule is adopted pursuant to Section 9 of this compact, the state 16
licensing authority as defined by Section 2.CC. of this compact shall have 17
sixty (60) days to review the rule for the purpose of filing the rule as an 18
emergency administrative regulation pursuant to KRS 13A.190 and for 19
filing the rule as an accompanying ordinary administrative regulation, 20
following the requirements of KRS Chapter 13A. Failure by the state 21
licensing authority as defined by Section 2.CC. of this compact to 22
promulgate a rule adopted by the School Psychologist Interstate Licensure 23
Compact Commission as an administrative regulation pursuant to KRS 24
Chapter 13A shall result in withdrawal as set forth in Section 11 of this 25
compact. Nothing in these provisions shall negate the applicability of a 26
commission rule or Section 9 of this compact to this state; 27
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2. If the proposed administrative regulation is found deficient and the 1
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 2
provisions of Section 10 of this compact shall apply. If the deficiency is 3
resolved in a manner determined by the commission to be inconsistent with 4
this compact or its rules, or if the procedu res under Section 10 of this 5
compact fail to resolve an issue, the withdrawal provisions of Section 11 of 6
this compact shall apply; and 7
3. If a court of competent jurisdiction determines that the School Psychologist 8
Interstate Licensure Compact Commission created by Section 7 of this 9
compact exercises its rulemaking authority in a manner that is beyond the 10
scope of the purposes of this compact, or the powers granted under this 11
compact, then such an action by the commission shall be invalid and have 12
no force or effect. 13
C. Section 7.G. of this compact pertaining to the financing of the commission shall 14
not be interpreted to obligate the general fund of this state. Any funds used to 15
finance this compact shall be from money collected pursuant to KRS 161.028. 16
D. This compact shall apply only to those school psychologists who practice or work 17
under a compact privilege. 18