PSYCHOLOGISTS: Provides relative to the Psychology Interjurisdictional Compact (PSYPACT)

ENROLLED
2026 Regular Session
HOUSE BILL NO. 486
BY REPRESENTATIVES SPELL, KNOX, AND MCMAKIN
1 AN ACT
2 To amend and reenact R.S. 44:4.1(B)(24) and to enact R.S. 37:2354(H) and Part II of
3 Chapter 28 of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised
4 of R.S. 37:2371, relative to the Psychology Interjurisdictional Compact; to provide
5 for fees for psychologists utilizing the compact; to provide for the purpose of the
6 compact; to provide for definitions; to provide for home state licensure; to provide
7 for the compact privilege to practice telepsychology; to provide for temporary
8 compact authority to practice in person; to provide for disciplinary actions; to
9 provide for communication of information between compact states; to establish the
10 compact commission; to provide for the duties of the compact commission; to
11 provide for the promulgation of rules; to provide for oversight, dispute resolution,
12 and enforcement of certain provisions; to provide for construction and severability;
13 to provide for an exception from Public Records Law; and to provide for related
14 matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 37:2354(H) and Part II of Chapter 28 of Title 37 of the Louisiana
17 Revised Statutes of 1950, comprised of R.S. 37:2371, are hereby enacted to read as follows:
18 §2354. Fees
19 * * *
20 H. The board may, upon initial request and renewal, collect a fee not to
21 exceed fifty dollars from any individual holding compact authorization to practice
22 under the psychology interjurisdictional compact whose home state is Louisiana, in
23 accordance with R.S. 37:2371. The board shall adopt rules in accordance with the
24 Administrative Procedure Act to implement the provisions of this Subsection.
25 * * *
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1 PART II. PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)
2 §2371. Psychology Interjurisdictional Compact
3 ARTICLE I. PURPOSE
4 A. States license psychologists in order to protect the public through
5 verification of education, training, and experience and ensure accountability for
6 professional practice.
7 B. This compact is intended to accomplish all of the following:
8 (1) To regulate the day-to-day practice of telepsychology, the provision of
9 psychological services using telecommunication technologies, by psychologists
10 across state boundaries in the performance of their psychological practice as assigned
11 by an appropriate authority.
12 (2) To regulate the temporary in-person, face-to-face practice of psychology
13 by psychologists across state boundaries for thirty days within a calendar year in the
14 performance of their psychological practice as assigned by an appropriate authority.
15 (3) To authorize state psychology regulatory authorities to afford legal
16 recognition, in a manner consistent with the terms of the compact, to psychologists
17 licensed in another state.
18 C. This compact recognizes that states have a vested interest in protecting
19 the public's health and safety through their licensing and regulation of psychologists
20 and that such state regulation will best protect public health and safety.
21 D. This compact does not apply when a psychologist is licensed in both the
22 home and receiving states.
23 E. This compact does not apply to permanent in-person, face-to-face
24 practice; the compact allows for authorization of temporary psychological practice.
25 This compact is designed to achieve all of the following purposes and objectives:
26 (1) Increase public access to professional psychological services by allowing
27 for telepsychological practice across state lines as well as temporary in-person,
28 face-to-face services into a state where the psychologist is not licensed to practice
29 psychology.
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1 (2) Enhance the states' ability to protect the public's health and safety,
2 especially client and patient safety.
3 (3) Encourage the cooperation of compact states in the areas of psychology
4 licensure and regulation.
5 (4) Facilitate the exchange of information between compact states regarding
6 psychologist licensure, adverse actions, and disciplinary history.
7 (5) Promote compliance with the laws governing psychological practice in
8 each compact state.
9 (6) Invest all compact states with the authority to hold licensed psychologists
10 accountable through the mutual recognition of compact state licenses.
11 ARTICLE II. Definitions
12 As used in this Part, the following definitions apply:
13 (1) "Adverse action" means any action taken by a state psychology
14 regulatory authority that finds a violation of a statute or regulation that is identified
15 by the state psychology regulatory authority as discipline and is a matter of public
16 record.
17 (2) "Association of State and Provincial Psychology Boards" or "ASPPB"
18 means the recognized membership organization composed of state and provincial
19 psychology regulatory authorities responsible for the licensure and registration of
20 psychologists throughout the United States and Canada.
21 (3) "Authority to practice interjurisdictional telepsychology" means a
22 licensed psychologist's authority to practice telepsychology, within the limits
23 authorized under this compact, in another compact state.
24 (4) "Bylaws" means those bylaws established by the Psychology
25 Interjurisdictional Compact Commission pursuant to Article X of this compact for
26 its governance or for directing and controlling its actions and conduct.
27 (5) "Client or patient" means the recipient of psychological services, whether
28 psychological services are delivered in the context of healthcare, corporate,
29 supervision, or consulting services.
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1 (6) "Commissioner" means the voting representative appointed by each state
2 psychology regulatory authority pursuant to Article X of this compact.
3 (7) "Compact state" means a state, the District of Columbia, or United States
4 territory that has enacted this compact legislation and which has not withdrawn
5 pursuant to Article XIII, Subsection C of this compact or been terminated pursuant
6 to Article XII, Subsection B of this compact.
7 (8) "Coordinated licensure information system" also referred to as
8 "coordinated database" means an integrated process for collecting, storing, and
9 sharing information on psychologists' licensure and enforcement activities related to
10 psychology licensure laws, which is administered by the recognized membership
11 organization composed of state and provincial psychology regulatory authorities.
12 (9) "Confidentiality" means the principle that data or information is not made
13 available or disclosed to unauthorized persons or processes.
14 (10) "Day" means any part of a day in which psychological work is
15 performed.
16 (11) "Distant state" means the compact state where a psychologist is
17 physically present, not through the use of telecommunications technologies, to
18 provide temporary in-person, face-to-face psychological services.
19 (12) "E.Passport" means a certificate issued by the Association of State and
20 Provincial Psychology Boards (ASPPB) that promotes standardization in the criteria
21 of interjurisdictional telepsychology practice and facilitates the process for licensed
22 psychologists to provide telepsychological services across state lines.
23 (13) "Executive board" means a group of directors elected or appointed to
24 act on behalf of, and within the powers granted to them by, the commission.
25 (14) "Home state" means a compact state where a psychologist is licensed
26 to practice psychology. If the psychologist is licensed in more than one compact
27 state and is practicing under the authorization to practice interjurisdictional
28 telepsychology, the home state is the compact state where the psychologist is
29 physically present when the telepsychological services are delivered. If the
30 psychologist is licensed in more than one compact state and is practicing under the
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1 temporary authorization to practice, the home state is any compact state where the
2 psychologist is licensed.
3 (15) "Identity history summary" means a summary of information retained
4 by the Federal Bureau of Investigation, or other designee with similar authority, in
5 connection with arrests and, in some instances, federal employment, naturalization,
6 or military service.
7 (16) "In-person, face-to-face" means interactions in which the psychologist
8 and the client or patient are in the same physical space and which do not include
9 interactions that may occur through the use of telecommunication technologies.
10 (17) "Interjurisdictional Practice Certificate" or "IPC" means a certificate
11 issued by the ASPPB that grants temporary authority to practice based on
12 notification to the state psychology regulatory authority of intention to practice
13 temporarily, and verification of one's qualifications for such practice.
14 (18) "License" means authorization by a state psychology regulatory
15 authority to engage in the independent practice of psychology, which would be
16 unlawful without the authorization.
17 (19) "Non-compact state" means any state which is not at the time a compact
18 state.
19 (20) "Psychologist" means an individual licensed for the independent
20 practice of psychology.
21 (21) "Psychology Interjurisdictional Compact Commission" also referred to
22 as "commission" means the national administration of which all compact states are
23 members.
24 (22) "Receiving state" means a compact state where the client or patient is
25 physically located when the telepsychological services are delivered.
26 (23) "Rule" means a written statement by the Psychology Interjurisdictional
27 Compact Commission promulgated pursuant to Article XI of this compact that is of
28 general applicability, implements, interprets, or prescribes a policy or provision of
29 the compact, or an organizational, procedural, or practice requirement of the
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1 commission and has the force and effect of statutory law in a compact state, and
2 includes the amendment, repeal, or suspension of an existing rule.
3 (24) "Significant investigatory information" means either of the following:
4 (a) Investigative information that a state psychology regulatory authority,
5 after a preliminary inquiry that includes notification and an opportunity to respond
6 if required by state law, has reason to believe, if proven true, would indicate a
7 violation of state statute or ethics code that would be considered more substantial
8 than a minor infraction.
9 (b) Investigative information that indicates that the psychologist represents
10 an immediate threat to public health and safety regardless of whether the
11 psychologist has been notified and had an opportunity to respond.
12 (25) "State" means a state, commonwealth, territory, or possession of the
13 United States, including the District of Columbia.
14 (26) "State psychology regulatory authority" means the board, office, or
15 other agency with the legislative mandate to license and regulate the practice of
16 psychology.
17 (27) "Telepsychology" means the provision of psychological services using
18 telecommunication technologies.
19 (28) "Temporary authorization to practice" means a licensed psychologist's
20 authority to conduct temporary in-person, face-to-face practice, within the limits
21 authorized under this compact, in another compact state.
22 (29) "Temporary in-person, face-to-face practice" means a situation in which
23 a psychologist is physically present, not through the use of telecommunications
24 technologies, in the distant state to provide for the practice of psychology for thirty
25 days within a calendar year and based on notification to the distant state.
26 ARTICLE III. HOME STATE LICENSURE
27 A. The home state shall be a compact state where a psychologist is licensed
28 to practice psychology.
29 B. A psychologist may hold one or more compact state licenses at a time.
30 If the psychologist is licensed in more than one compact state, the home state is the
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1 compact state where the psychologist is physically present when the services are
2 delivered as authorized by the authority to practice interjurisdictional telepsychology
3 under the terms of this compact.
4 C. Any compact state may require a psychologist not previously licensed in
5 a compact state to obtain and retain a license to be authorized to practice in the
6 compact state under circumstances not authorized by the authority to practice
7 interjurisdictional telepsychology under the terms of this compact.
8 D. Any compact state may require a psychologist to obtain and retain a
9 license to be authorized to practice in a compact state under circumstances not
10 authorized by temporary authorization to practice under the terms of this compact.
11 E. A home state's license authorizes a psychologist to practice in a receiving
12 state under the authority to practice interjurisdictional telepsychology only if the
13 compact state:
14 (1) Currently requires the psychologist to hold an active E.Passport.
15 (2) Has a mechanism in place for receiving and investigating complaints
16 about licensed individuals.
17 (3) Notifies the commission, in compliance with the terms herein, of any
18 adverse action or significant investigatory information regarding a licensed
19 individual.
20 (4) Requires an identity history summary of all applicants at initial licensure,
21 including the use of the results of fingerprints or other biometric data checks
22 compliant with the requirements of the Federal Bureau of Investigation, or other
23 designee with similar authority, no later than ten years after activation of the
24 compact.
25 (5) Complies with the bylaws and rules of the commission.
26 F. A home state's license grants temporary authorization to practice to a
27 psychologist in a distant state only if the compact state satisfies all of the following:
28 (1) Currently requires the psychologist to hold an active IPC.
29 (2) Has a mechanism in place for receiving and investigating complaints
30 about licensed individuals.
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1 (3) Notifies the commission, in compliance with the terms herein, of any
2 adverse action or significant investigatory information regarding a licensed
3 individual.
4 (4) Requires an identity history summary of all applicants at initial licensure,
5 including the use of the results of fingerprints or other biometric data checks
6 compliant with the requirements of the Federal Bureau of Investigation, or other
7 designee with similar authority, no later than ten years after activation of the
8 compact.
9 (5) Complies with the bylaws and rules of the commission.
10 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
11 A. Compact states shall recognize the right of a psychologist, licensed in a
12 compact state in conformance with Article III of this compact, to practice
13 telepsychology in other compact states (distant states) in which the psychologist is
14 not licensed, under the authority to practice interjurisdictional telepsychology as
15 provided in this compact.
16 B. To exercise the authority to practice interjurisdictional telepsychology
17 under the terms and provisions of this compact, a psychologist licensed to practice
18 in a compact state shall satisfy all of the following:
19 (1) Hold a graduate degree in psychology from an institute of higher
20 education that was, at the time the degree was awarded, either of the following:
21 (a) Regionally accredited by an accrediting body recognized by the United
22 States Department of Education to grant graduate degrees or authorized by provincial
23 statute or royal charter to grant doctoral degrees.
24 (b) A foreign college or university deemed to be equivalent to an institution
25 described in Subparagraph (a) of this Paragraph by a foreign credential evaluation
26 service that is a member of the National Association of Credential Evaluation
27 Services (NACES) or by a recognized foreign credential evaluation service.
28 (2) Hold a graduate degree in psychology that meets all of the following
29 criteria:
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1 (a) The program, wherever it may be administratively housed, is clearly
2 identified and labeled as a psychology program. Such a program shall specify in
3 pertinent institutional catalogues and brochures its intent to educate and train
4 professional psychologists.
5 (b) The psychology program is a recognizable, coherent, organizational
6 entity within the institution.
7 (c) The program shall establish clear authority and primary responsibility for
8 the core and specialty areas, whether or not the program cuts across administrative
9 lines.
10 (d) The program shall consist of an integrated, organized sequence of study.
11 (e) The program shall employ an identifiable psychology faculty sufficient
12 in size and breadth to carry out its responsibilities.
13 (f) The designated director of the program shall be a psychologist and a
14 member of the core faculty.
15 (g) The program shall have an identifiable body of students who are
16 matriculated in that program for a degree.
17 (h) The program shall include supervised practicum, internship, or field
18 training appropriate to the practice of psychology.
19 (i) The curriculum shall encompass a minimum of three academic years of
20 full- time graduate study for a doctoral degree and a minimum of one academic year
21 of full-time graduate study for a master's degree.
22 (j) The program includes an acceptable residency as defined by the rules of
23 the commission.
24 (3) Possess a current, full, and unrestricted license to practice psychology in
25 a home state that is a compact state.
26 (4) Have no history of adverse action that violates the rules of the
27 commission.
28 (5) Have no criminal record history reported on an identity history summary
29 that violates the rules of the commission.
30 (6) Possess a current, active E.Passport.
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1 (7) Provide attestations in regard to areas of intended practice, conformity
2 with standards of practice, competence in telepsychology technology; criminal
3 background; and knowledge and adherence to legal requirements in the home and
4 receiving states, and provide a release of information to allow for primary source
5 verification in a manner specified by the commission.
6 (8) Meet other criteria as defined by the rules of the commission.
7 C. The home state maintains authority over the license of any psychologist
8 practicing in a receiving state under the authority to practice interjurisdictional
9 telepsychology.
10 D. A psychologist practicing in a receiving state under the authority to
11 practice interjurisdictional telepsychology will be subject to the receiving state's
12 scope of practice. A receiving state may, in accordance with that state's due process
13 law, limit or revoke a psychologist's authority to practice interjurisdictional
14 telepsychology in the receiving state and may take any other necessary actions under
15 the receiving state's applicable law to protect the health and safety of the receiving
16 state's citizens. If a receiving state takes action, the state shall promptly notify the
17 home state and the commission.
18 E. If a psychologist's license in any home state, another compact state, or any
19 authority to practice interjurisdictional telepsychology in any receiving state, is
20 restricted, suspended, or otherwise limited, the E.Passport shall be revoked, and
21 therefore the psychologist shall not be eligible to practice telepsychology in a
22 compact state under the authority to practice interjurisdictional telepsychology.
23 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
24 A. Compact states shall recognize the right of a psychologist, licensed in a
25 compact state in conformance with Article III, to practice temporarily in other
26 compact states (distant states) in which the psychologist is not licensed, as provided
27 in this compact.
28 B. To exercise the temporary authorization to practice under the terms and
29 provisions of this compact, a psychologist licensed to practice in a compact state
30 shall satisfy all of the following:
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1 (1) Hold a graduate degree in psychology from an institute of higher
2 education that was, at the time the degree was awarded, either of the following:
3 (a) Regionally accredited by an accrediting body recognized by the United
4 States Department of Education to grant graduate degrees or authorized by provincial
5 statute or royal charter to grant doctoral degrees.
6 (b) A foreign college or university deemed to be equivalent to an institution
7 described in Subparagraph (a) of this Paragraph by a foreign credential evaluation
8 service that is a member of the National Association of Credential Evaluation
9 Services (NACES) or by a recognized foreign credential evaluation service.
10 (2) Hold a graduate degree in psychology that meets all of the following
11 criteria:
12 (a) The program, wherever it may be administratively housed, is clearly
13 identified and labeled as a psychology program. Such a program shall specify in
14 pertinent institutional catalogues and brochures its intent to educate and train
15 professional psychologists.
16 (b) The psychology program is a recognizable, coherent, organizational
17 entity within the institution.
18 (c) The program shall establish clear authority and primary responsibility for
19 the core and specialty areas whether or not the program cuts across administrative
20 lines.
21 (d) The program shall consist of an integrated, organized sequence of study.
22 (e) The program shall employ an identifiable psychology faculty sufficient
23 in size and breadth to carry out its responsibilities.
24 (f) The designated director of the program shall be a psychologist and a
25 member of the core faculty.
26 (g) The program shall have an identifiable body of students who are
27 matriculated in that program for a degree.
28 (h) The program shall include supervised practicum, internship, or field
29 training appropriate to the practice of psychology.
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1 (i) The curriculum shall encompass a minimum of three academic years of
2 full- time graduate study for a doctoral degree and a minimum of one academic year
3 of full-time graduate study for a master's degree.
4 (j) The program includes an acceptable residency as defined by the rules of
5 the commission.
6 (3) Possess a current, full, and unrestricted license to practice psychology in
7 a home state that is a compact state.
8 (4) Have no history of adverse action that violates the rules of the
9 commission.
10 (5) Have no criminal record history that violates the rules of the commission.
11 (6) Possess a current, active IPC.
12 (7) Provide attestations in regard to areas of intended practice and work
13 experience and provide a release of information to allow for primary source
14 verification in a manner specified by the commission.
15 (8) Meet other criteria as defined by the rules of the commission.
16 C. A psychologist practicing in a distant state under the temporary
17 authorization to practice shall practice within the scope of practice authorized by the
18 distant state.
19 D. A psychologist practicing in a distant state under the temporary
20 authorization to practice will be subject to the distant state's authority and law. A
21 distant state may, in accordance with that state's due process law, limit or revoke a
22 psychologist's temporary authorization to practice in the distant state and may take
23 any other necessary actions under the distant state's applicable law to protect the
24 health and safety of the distant state's citizens. If a distant state takes action, the state
25 shall promptly notify the home state and the commission.
26 E. If a psychologist's license in any home state, another compact state, or any
27 temporary authorization to practice in any distant state, is restricted, suspended, or
28 otherwise limited, the IPC shall be revoked and therefore the psychologist shall not
29 be eligible to practice in a compact state under the temporary authorization to
30 practice.
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1 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A
2 RECEIVING STATE
3 A psychologist may practice in a receiving state under the authority to
4 practice interjurisdictional telepsychology only in the performance of the scope of
5 practice for psychology as assigned by an appropriate state psychology regulatory
6 authority, as defined in the rules of the commission, and under the following
7 circumstances:
8 (1) The psychologist initiates contact with a patient or client in a home state
9 via telecommunications technologies with a client or patient in a receiving state.
10 (2) Other conditions regarding telepsychology as determined by rules
11 promulgated by the commission.
12 ARTICLE VII. ADVERSE ACTIONS
13 A. A home state shall have the power to impose adverse action against a
14 psychologist's license issued by the home state. A distant state shall have the power
15 to take adverse action on a psychologist's temporary authorization to practice within
16 that distant state.
17 B. A receiving state may take adverse action on a psychologist's authority
18 to practice interjurisdictional telepsychology within that receiving state. A home
19 state may take adverse action against a psychologist based on an adverse action taken
20 by a distant state regarding temporary in-person, face-to-face practice.
21 C. If a home state takes adverse action against a psychologist's license, that
22 psychologist's authority to practice interjurisdictional telepsychology is terminated
23 and the E.Passport is revoked. Furthermore, that psychologist's temporary
24 authorization to practice is terminated and the IPC is revoked.
25 (1) All home state disciplinary orders that impose adverse action shall be
26 reported to the commission in accordance with the rules promulgated by the
27 commission. A compact state shall report adverse actions in accordance with the
28 rules of the commission.
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1 (2) In the event discipline is reported on a psychologist, the psychologist will
2 not be eligible for telepsychology or temporary in-person, face-to-face practice in
3 accordance with the rules of the commission.
4 (3) Other actions may be imposed as determined by the rules promulgated
5 by the commission.
6 D. A home state's psychology regulatory authority shall investigate and take
7 appropriate action with respect to reported inappropriate conduct engaged in by a
8 licensee which occurred in a receiving state as it would if such conduct had occurred
9 by a licensee within the home state. In such cases, the home state's law shall control
10 in determining any adverse action against a psychologist's license.
11 E. A distant state's psychology regulatory authority shall investigate and take
12 appropriate action with respect to reported inappropriate conduct engaged in by a
13 psychologist practicing under temporary authorization practice which occurred in
14 that distant state as it would if such conduct had occurred by a licensee within the
15 home state. In such cases, the distant state's law shall control in determining any
16 adverse action against a psychologist's temporary authorization to practice.
17 F. Nothing in this compact shall override a compact state's decision that a
18 psychologist's participation in an alternative program may be used in lieu of adverse
19 action and that such participation shall remain non-public if required by the compact
20 state's law. Compact states shall require psychologists who enter any alternative
21 programs to not provide telepsychology services under the authority to practice
22 interjurisdictional telepsychology or provide temporary psychological services under
23 the temporary authorization to practice in any other compact state during the term
24 of the alternative program.
25 G. No other judicial or administrative remedies shall be available to a
26 psychologist in the event a compact state imposes an adverse action pursuant to
27 Subsection C of this Article.
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1 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT
2 STATE'S PSYCHOLOGY REGULATORY AUTHORITY
3 In addition to any other powers granted under state law, a compact state's
4 psychology regulatory authority shall have the authority under this compact to do all
5 of the following:
6 (1) Issue subpoenas, for both hearings and investigations, which require the
7 attendance and testimony of witnesses and the production of evidence. Subpoenas
8 issued by a compact state's psychology regulatory authority for the attendance and
9 testimony of witnesses and the production of evidence from another compact state
10 shall be enforced in the latter state by any court of competent jurisdiction according
11 to that court's practice and procedure in considering subpoenas issued in its own
12 proceedings. The issuing state psychology regulatory authority shall pay any witness
13 fees, travel expenses, mileage, and other fees required by the service statutes of the
14 state where the witnesses or evidence are located.
15 (2) Issue cease and desist or injunctive relief orders to revoke a
16 psychologist's authority to practice interjurisdictional telepsychology or temporary
17 authorization to practice.
18 (3) During the course of any investigation, a psychologist may not change
19 his home state licensure. A home state psychology regulatory authority is authorized
20 to complete any pending investigations of a psychologist and to take any actions
21 appropriate under its law. The home state psychology regulatory authority shall
22 promptly report the conclusions of such investigations to the commission. Once an
23 investigation has been completed, and pending the outcome of said investigation, the
24 psychologist may change his home state licensure. The commission shall promptly
25 notify the new home state of any such decisions as provided in the rules of the
26 commission. All information provided to the commission or distributed by compact
27 states pursuant to the psychologist shall be confidential and used for investigatory
28 or disciplinary matters. The commission may create additional rules for mandated
29 or discretionary sharing of information by compact states.
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1 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM
2 A. The commission shall provide for the development and maintenance of
3 a coordinated licensure information system (coordinated database) and reporting
4 system containing licensure and disciplinary action information on all psychologists
5 and individuals to whom this compact is applicable in all compact states as defined
6 by the rules of the commission.
7 B. Notwithstanding any other provision of state law to the contrary, a
8 compact state shall submit a uniform data set to the coordinated database on all
9 licensees as required by the rules of the commission, including all of the following:
10 (1) Identifying information.
11 (2) Licensure data.
12 (3) Significant investigatory information.
13 (4) Adverse actions against a psychologist's license.
14 (5) An indicator that a psychologist's authority to practice interjurisdictional
15 telepsychology or temporary authorization to practice is revoked.
16 (6) Non-confidential information related to alternative program participation
17 information.
18 (7) Any denial of application for licensure, and the reasons for such denial.
19 (8) Other information which may facilitate the administration of this
20 compact, as determined by the rules of the commission.
21 C. The coordinated database administrator shall promptly notify all compact
22 states of any adverse action taken against, or significant investigative information on,
23 any licensee in a compact state.
24 D. Compact states reporting information to the coordinated database may
25 designate information that may not be shared with the public without the express
26 permission of the compact state reporting the information.
27 E. Any information submitted to the coordinated database that is
28 subsequently required to be expunged by the law of the compact state reporting the
29 information shall be removed from the coordinated database.
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1 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY
2 INTERJURISDICTIONAL COMPACT COMMISSION
3 A. The compact states hereby create and establish a joint public agency
4 known as the psychology interjurisdictional compact commission.
5 (1) The commission is a body politic and an instrumentality of the compact
6 states.
7 (2) Venue is proper and judicial proceedings by or against the commission
8 shall be brought solely and exclusively in a court of competent jurisdiction where the
9 principal office of the commission is located. The commission may waive venue and
10 jurisdictional defenses to the extent it adopts or consents to participate in alternative
11 dispute resolution proceedings.
12 (3) Nothing in this compact shall be construed to be a waiver of sovereign
13 immunity.
14 B. Membership, voting, and meetings.
15 (1) The commission shall consist of one voting representative appointed by
16 each compact state who shall serve as that state's commissioner. The state
17 psychology regulatory authority shall appoint its delegate. This delegate shall be
18 empowered to act on behalf of the compact state. This delegate shall be limited to
19 one of the following:
20 (a) Executive director, executive secretary, or similar executive.
21 (b) Current member of the state psychology regulatory authority of a
22 compact state.
23 (c) Designee empowered with the appropriate delegate authority to act on
24 behalf of the compact state.
25 (2) Any commissioner may be removed or suspended from office as
26 provided by the law of the state from which the commissioner is appointed. Any
27 vacancy occurring in the commission shall be filled in accordance with the laws of
28 the compact state in which the vacancy exists.
29 (3) Each commissioner shall be entitled to one vote with regard to the
30 promulgation of rules and creation of bylaws and shall otherwise have an opportunity
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1 to participate in the business and affairs of the commission. A commissioner shall
2 vote in person or by such other means as provided in the bylaws. The bylaws may
3 provide for commissioners' participation in meetings by telephone or other means of
4 communication.
5 (4) The commission shall meet at least once during each calendar year.
6 Additional meetings shall be held as set forth in the bylaws.
7 (5) All meetings shall be open to the public, and public notice of meetings
8 shall be given in the same manner as required under the rulemaking provisions in
9 Article XI of this compact.
10 (6) The commission may convene in a closed, non-public meeting if the
11 commission is required to discuss any of the following:
12 (a) Non-compliance of a compact state with its obligations under the
13 compact.
14 (b) The employment, compensation, discipline or other personnel matters,
15 practices or procedures related to specific employees, or other matters related to the
16 commission's internal personnel practices and procedures.
17 (c) Current, threatened, or reasonably anticipated litigation against the
18 commission.
19 (d) Negotiation of contracts for the purchase or sale of goods, services, or
20 real estate.
21 (e) Accusation against any person of a crime or formally censuring any
22 person.
23 (f) Disclosure of trade secrets or commercial or financial information that
24 is privileged or confidential.
25 (g) Disclosure of information of a personal nature where disclosure would
26 constitute a clearly unwarranted invasion of personal privacy.
27 (h) Disclosure of investigatory records compiled for law enforcement
28 purposes.
29 (i) Disclosure of information related to any investigatory reports prepared
30 by or on behalf of or for use of the commission or other committee charged with
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1 responsibility for investigation or determination of compliance issues pursuant to the
2 compact.
3 (j) Matters specifically exempted from disclosure by federal and state statute.
4 (7) If a meeting, or portion of a meeting, is closed pursuant to this provision,
5 the commission's legal counsel or designee shall certify that the meeting may be
6 closed and shall reference each relevant exempting provision. The commission shall
7 keep minutes which fully and clearly describe all matters discussed in a meeting and
8 shall provide a full and accurate summary of actions taken, of any person
9 participating in the meeting, and the reasons therefor, including a description of the
10 views expressed. All documents considered in connection with an action shall be
11 identified in such minutes. All minutes and documents of a closed meeting shall
12 remain under seal, subject to release only by a majority vote of the commission or
13 order of a court of competent jurisdiction.
14 C. The commission shall, by a majority vote of the commissioners, prescribe
15 bylaws and rules to govern its conduct as may be necessary or appropriate to carry
16 out the purposes and exercise the powers of the compact, including but not limited
17 to all of the following:
18 (1) Establishing the fiscal year of the commission.
19 (2) Providing reasonable standards and procedures for all of the following:
20 (a) For the establishment and meetings of other committees.
21 (b) Governing any general or specific delegation of any authority or function
22 of the commission.
23 (3) Providing reasonable procedures for calling and conducting meetings of
24 the commission, ensuring reasonable advance notice of all meetings, and providing
25 an opportunity for attendance of such meetings by interested parties, with
26 enumerated exceptions designed to protect the public's interest, the privacy of
27 individuals of such proceedings, and proprietary information, including trade secrets.
28 The commission may meet in closed session only after a majority of the
29 commissioners vote to close a meeting to the public in whole or in part. As soon as
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1 practicable, the commission shall make public a copy of the vote to close the meeting
2 revealing the vote of each commissioner with no proxy votes allowed.
3 (4) Establishing the titles, duties, and authority and reasonable procedures
4 for the election of the officers of the commission.
5 (5) Providing reasonable standards and procedures for the establishment of
6 the personnel policies and programs of the commission. Notwithstanding any civil
7 service or other similar law of any compact state, the bylaws shall exclusively govern
8 the personnel policies and programs of the commission.
9 (6) Promulgating a code of ethics to address permissible and prohibited
10 activities of commission members and employees.
11 (7) Providing a mechanism for concluding the operations of the commission
12 and the equitable disposition of any surplus funds that may exist after the termination
13 of the compact after the payment and reserving of all of its debts and obligations.
14 (8) The commission shall publish its bylaws in a convenient form and file
15 a copy thereof and a copy of any amendment thereto, with the appropriate agency or
16 officer in each of the compact states.
17 (9) The commission shall maintain its financial records in accordance with
18 the bylaws.
19 (10) The commission shall meet and take such actions as are consistent with
20 the provisions of this compact and the bylaws.
21 D. The commission shall have all of the following powers:
22 (1) The authority to promulgate uniform rules to facilitate and coordinate
23 implementation and administration of this compact. The rules shall have the force
24 and effect of law and shall be binding in all compact states.
25 (2) To bring and prosecute legal proceedings or actions in the name of the
26 commission, provided that the standing of any state psychology regulatory authority
27 or other regulatory body responsible for psychology licensure to sue or be sued under
28 applicable law shall not be affected.
29 (3) To purchase and maintain insurance and bonds.
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1 (4) To borrow, accept, or contract for services of personnel including but not
2 limited to employees of a compact state.
3 (5) To hire employees, elect or appoint officers, fix compensation, define
4 duties, grant such individuals appropriate authority to carry out the purposes of the
5 compact, and to establish the commission's personnel policies and programs relating
6 to conflicts of interest, qualifications of personnel, and other related personnel
7 matters.
8 (6) To accept any and all appropriate donations and grants of money,
9 equipment, supplies, materials, and services and to receive, utilize, and dispose of
10 the same; provided that at all times the commission shall strive to avoid any
11 appearance of impropriety or conflict of interest.
12 (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise
13 to own, hold, improve, or use any property, real, personal, or mixed; provided that
14 at all times the commission shall strive to avoid any appearance of impropriety.
15 (8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or
16 otherwise dispose of any property, real, personal, or mixed.
17 (9) To establish a budget and make expenditures.
18 (10) To borrow money.
19 (11) To appoint committees, including advisory committees comprised of
20 members, state regulators, state legislators or their representatives, consumer
21 representatives, and such other interested persons as may be designated in this
22 compact and the bylaws.
23 (12) To provide and receive information from, and to cooperate with, law
24 enforcement agencies.
25 (13) To adopt and use an official seal.
26 (14) To perform such other functions as may be necessary or appropriate to
27 achieve the purposes of this compact consistent with the state regulation of
28 psychology licensure, temporary in-person, face-to-face practice, and telepsychology
29 practice.
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1 E. The executive board. The elected officers shall serve as the executive
2 board, which shall have the power to act on behalf of the commission according to
3 the terms of this compact.
4 (1) The executive board shall be comprised of the following members:
5 (a) Five voting members who are elected from the current membership of the
6 commission by the commission.
7 (b) One ex officio, nonvoting member from the recognized membership
8 organization composed of state and provincial psychology regulatory authorities.
9 (2) The ex officio member will have served as staff or member on a state
10 psychology regulatory authority and will be selected by its respective organization.
11 (3) The commission may remove any member of the executive board as
12 provided in bylaws.
13 (4) The executive board shall meet at least annually.
14 (5) The executive board shall have all of the following duties and
15 responsibilities:
16 (a) Recommend to the entire commission changes to the rules or bylaws,
17 changes to this compact legislation, fees paid by compact states, such as annual dues,
18 and any other applicable fees.
19 (b) Ensure compact administration services are appropriately provided,
20 contractual or otherwise.
21 (c) Prepare and recommend the budget.
22 (d) Maintain financial records on behalf of the commission.
23 (e) Monitor compact compliance of member states and provide compliance
24 reports to the commission.
25 (f) Establish additional committees as necessary.
26 (g) Other duties as provided in rules or bylaws.
27 F. Financing of the commission.
28 (1) The commission shall pay, or provide for the payment of, the reasonable
29 expenses of its establishment, organization, and ongoing activities.
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1 (2) The commission may accept any and all appropriate revenue sources,
2 donations, and grants of money, equipment, supplies, materials, and services.
3 (3) The commission may levy on and collect an annual assessment from each
4 compact state or impose fees on other parties to cover the cost of the operations and
5 activities of the commission and its staff which shall be in a total amount sufficient
6 to cover its annual budget as approved each year for which revenue is not provided
7 by other sources. The aggregate annual assessment amount shall be allocated based
8 upon a formula to be determined by the commission, which shall promulgate a rule
9 binding upon all compact states.
10 (4) The commission shall not incur obligations of any kind prior to securing
11 the funds adequate to meet the same; nor shall the commission pledge the credit of
12 any of the compact states, except by and with the authority of the compact state.
13 (5) The commission shall keep accurate accounts of all receipts and
14 disbursements. The receipts and disbursements of the commission shall be subject
15 to the audit and accounting procedures established under its bylaws. However, all
16 receipts and disbursements of funds handled by the commission shall be audited
17 yearly by a certified or licensed public accountant and the report of the audit shall
18 be included in and become part of the annual report of the commission.
19 G. Qualified immunity, defense, and indemnification.
20 (1) The members, officers, executive director, employees, and
21 representatives of the commission shall be immune from suit and liability, either
22 personally or in their official capacity, for any claim for damage to or loss of
23 property or personal injury or other civil liability caused by or arising out of any
24 actual or alleged act, error, or omission that occurred, or that the person against
25 whom the claim is made had a reasonable basis for believing occurred within the
26 scope of commission employment, duties, or responsibilities; nothing in this
27 Paragraph shall be construed to protect any such person from suit and liability for
28 any damage, loss, injury, or liability caused by the intentional or willful or wanton
29 misconduct of that person.
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1 (2) The commission shall defend any member, officer, executive director,
2 employee or representative of the commission in any civil action seeking to impose
3 liability arising out of any actual or alleged act, error, or omission that occurred
4 within the scope of commission employment, duties, or responsibilities, or that the
5 person against whom the claim is made had a reasonable basis for believing occurred
6 within the scope of commission employment, duties, or responsibilities; provided
7 that nothing herein shall be construed to prohibit that person from retaining his or her
8 own counsel; and provided further, that the actual or alleged act, error, or omission
9 did not result from that person's intentional or willful or wanton misconduct.
10 (3) The commission shall indemnify and hold harmless any member, officer,
11 executive director, employee, or representative of the commission for the amount of
12 any settlement or judgment obtained against that person arising out of any actual or
13 alleged act, error, or omission that occurred within the scope of commission
14 employment, duties, or responsibilities, or that such person had a reasonable basis
15 for believing occurred within the scope of commission employment, duties, or
16 responsibilities, provided that the actual or alleged act, error, or omission did not
17 result from the intentional or willful or wanton misconduct of that person.
18 ARTICLE XI. RULEMAKING
19 A. The commission shall exercise its rulemaking powers pursuant to the
20 criteria set forth in this article and the rules adopted thereunder. Rules and
21 amendments shall become binding as of the date specified in each rule or
22 amendment.
23 B. If a majority of the legislatures of the compact states rejects a rule, by
24 enactment of a statute or resolution in the same manner used to adopt the compact,
25 then such rule shall have no further force and effect in any compact state.
26 C. Rules or amendments to the rules shall be adopted at a regular or special
27 meeting of the commission.
28 D. Prior to promulgation and adoption of a final rule or rules by the
29 commission, and at least sixty days in advance of the meeting at which the rule will
30 be considered and voted upon, the commission shall file a notice of proposed
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1 rulemaking on the website of the commission and the website of each compact state's
2 psychology regulatory authority or the publication in which each state would
3 otherwise publish proposed rules.
4 E. The notice of proposed rulemaking shall include all of the following:
5 (1) The proposed time, date, and location of the meeting in which the rule
6 will be considered and voted upon.
7 (2) The text of the proposed rule or amendment and the reason for the
8 proposed rule.
9 (3) A request for comments on the proposed rule from any interested person.
10 (4) The manner in which interested persons may submit notice to the
11 commission of their intention to attend the public hearing and any written comments.
12 F. Prior to adoption of a proposed rule, the commission shall allow persons
13 to submit written data, facts, opinions, and arguments, which shall be made available
14 to the public.
15 G. The commission shall grant an opportunity for a public hearing before it
16 adopts a rule or amendment if a hearing is requested by any of the following:
17 (1) At least twenty five persons who submit comments independently of each
18 other.
19 (2) A governmental subdivision or agency.
20 (3) A duly appointed person in an association that has at least twenty-five
21 members.
22 H. If a hearing is held on the proposed rule or amendment, the commission
23 shall publish the place, time, and date of the scheduled public hearing.
24 (1) All persons wishing to be heard at the hearing shall notify the executive
25 director of the commission or other designated member in writing of their desire to
26 appear and testify at the hearing not less than five business days before the scheduled
27 date of the hearing.
28 (2) Hearings shall be conducted in a manner providing each person who
29 wishes to comment a fair and reasonable opportunity to comment orally or in
30 writing.
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1 (3) No transcript of the hearing is required unless a written request for a
2 transcript is made, in which case the person requesting the transcript shall bear the
3 cost of producing the transcript. A recording may be made in lieu of a transcript
4 under the same terms and conditions as a transcript. This Paragraph shall not
5 preclude the commission from making a transcript or recording of the hearing if it
6 so chooses.
7 (4) Nothing in this Subsection shall be construed as requiring a separate
8 hearing on each rule. Rules may be grouped for the convenience of the commission
9 at hearings required by this Subsection.
10 I. Following the scheduled hearing date, or by the close of business on the
11 scheduled hearing date if the hearing was not held, the commission shall consider all
12 written and oral comments received.
13 J. The commission shall, by majority vote of all members, take final action
14 on the proposed rule and shall determine the effective date of the rule, if any, based
15 on the rulemaking record and the full text of the rule.
16 K. If no written notice of intent to attend the public hearing by interested
17 parties is received, the commission may proceed with promulgation of the proposed
18 rule without a public hearing.
19 L. Upon determination that an emergency exists, the commission may
20 consider and adopt an emergency rule without prior notice, opportunity for comment,
21 or hearing, provided that the usual rulemaking procedures provided in the compact
22 and in this Subsection shall be retroactively applied to the rule as soon as reasonably
23 possible, in no event later than ninety days after the effective date of the rule. For
24 the purposes of this provision, an emergency rule is one that is required to be adopted
25 immediately in order to do any of the following:
26 (1) Meet an imminent threat to public health, safety, or welfare.
27 (2) Prevent a loss of commission or compact state funds.
28 (3) Meet a deadline for the promulgation of an administrative rule that is
29 established by federal law or rule.
30 (4) Protect public health and safety.
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1 M. The commission or an authorized committee of the commission may
2 direct revisions to a previously adopted rule or amendment for purposes of correcting
3 typographical errors, errors in format, errors in consistency, or grammatical errors.
4 Public notice of any revisions shall be posted on the website of the commission. The
5 revision shall be subject to challenge by any person for a period of thirty days after
6 posting. The revision may be challenged only on grounds that the revision results
7 in a material change to a rule. A challenge shall be made in writing and delivered
8 to the chair of the commission prior to the end of the notice period. If no challenge
9 is made, the revision will take effect without further action. If the revision is
10 challenged, the revision may not take effect without the approval of the commission.
11 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
12 A. Oversight.
13 (1) The executive, legislative, and judicial branches of state government in
14 each compact state shall enforce this compact and take all actions necessary and
15 appropriate to effectuate the compact's purposes and intent. The provisions of this
16 compact and the rules promulgated hereunder shall have standing as statutory law.
17 (2) All courts shall take judicial notice of the compact and the rules in any
18 judicial or administrative proceeding in a compact state pertaining to the subject
19 matter of this compact which may affect the powers, responsibilities, or actions of
20 the commission.
21 (3) The commission shall be entitled to receive service of process in any
22 such proceeding and shall have standing to intervene in such a proceeding for all
23 purposes. Failure to provide service of process to the commission shall render a
24 judgment or order void as to the commission, this compact, or promulgated rules.
25 B. Default, technical assistance, and termination.
26 (1) If the commission determines that a compact state has defaulted in the
27 performance of its obligations or responsibilities under this compact or the
28 promulgated rules, the commission shall do all of the following:
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1 (a) Provide written notice to the defaulting state and other compact states of
2 the nature of the default, the proposed means of remedying the default, or any other
3 action to be taken by the commission.
4 (b) Provide remedial training and specific technical assistance regarding the
5 default.
6 (2) If a state in default fails to remedy the default, the defaulting state may
7 be terminated from the compact upon an affirmative vote of a majority of the
8 compact states, and all rights, privileges, and benefits conferred by this compact shall
9 be terminated on the effective date of termination. A remedy of the default does not
10 relieve the offending state of obligations or liabilities incurred during the period of
11 default.
12 (3) Termination of membership in the compact shall be imposed only after
13 all other means of securing compliance have been exhausted. Notice of intent to
14 suspend or terminate shall be submitted by the commission to the governor, the
15 majority and minority leaders of the defaulting state's legislature, and each of the
16 compact states.
17 (4) A compact state which has been terminated is responsible for all
18 assessments, obligations, and liabilities incurred through the effective date of
19 termination, including obligations which extend beyond the effective date of
20 termination.
21 (5) The commission shall not bear any costs incurred by the state which is
22 found to be in default or which has been terminated from the compact, unless agreed
23 upon in writing between the commission and the defaulting state.
24 (6) The defaulting state may appeal the action of the commission by
25 petitioning the United States District Court for the state of Georgia or the federal
26 district where the compact has its principal offices. The prevailing member shall be
27 awarded all costs of such litigation including reasonable attorney's fees.
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1 C. Dispute resolution.
2 (1) Upon request by a compact state, the commission shall attempt to resolve
3 disputes related to the compact which arise among compact states and between
4 compact and non-compact states.
5 (2) The commission shall promulgate a rule providing for both mediation
6 and binding dispute resolution for disputes that arise before the commission.
7 D. Enforcement.
8 (1) The commission, in the reasonable exercise of its discretion, shall enforce
9 the provisions and rules of this compact.
10 (2) By majority vote, the commission may initiate legal action in the United
11 States District Court for the State of Georgia or the federal district where the
12 compact has its principal offices against a compact state in default to enforce
13 compliance with the provisions of the compact and its promulgated rules and bylaws.
14 The relief sought may include both injunctive relief and damages. In the event
15 judicial enforcement is necessary, the prevailing member shall be awarded all costs
16 of such litigation, including reasonable attorney fees.
17 (3) The remedies herein shall not be the exclusive remedies of the
18 commission. The commission may pursue any other remedies available under
19 federal or state law.
20 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
21 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
22 WITHDRAWAL, AND AMENDMENTS
23 A. The compact shall come into effect on the date on which the compact is
24 enacted into law in the seventh compact state. The provisions which become
25 effective at that time shall be limited to the powers granted to the commission
26 relating to assembly and the promulgation of rules. Thereafter, the commission shall
27 meet and exercise rulemaking powers necessary for the implementation and
28 administration of the compact.
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1 B. Any state which joins the compact subsequent to the commission's initial
2 adoption of the rules shall be subject to the rules as they exist on the date on which
3 the compact becomes law in that state. Any rule which has been previously adopted
4 by the commission shall have the full force and effect of law on the day the compact
5 becomes law in that state.
6 C. Any compact state may withdraw from this compact by enacting a statute
7 repealing the same.
8 (1) A compact state's withdrawal shall not take effect until six months after
9 enactment of the repealing statute.
10 (2) Withdrawal shall not affect the continuing requirement of the
11 withdrawing state's psychology regulatory authority to comply with the investigative
12 and adverse action reporting requirements of this compact prior to the effective date
13 of withdrawal.
14 D. Nothing contained in this compact shall be construed to invalidate or
15 prevent any psychology licensure agreement or other cooperative arrangement
16 between a compact state and a non-compact state which does not conflict with the
17 provisions of this compact.
18 E. This compact may be amended by the compact states. No amendment to
19 this compact shall become effective and binding upon any compact state until it is
20 enacted into the law of all compact states.
21 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY
22 This compact shall be liberally construed so as to effectuate the purposes
23 thereof. If this compact shall be held contrary to the constitution of any state
24 member thereto, the compact shall remain in full force and effect as to the remaining
25 compact states.
26 Section 2. R.S. 44:4.1(B)(24) is hereby amended and reenacted to read as follows:
27 §4.1. Exceptions
28 * * *
29 B. The legislature further recognizes that there exist exceptions, exemptions,
30 and limitations to the laws pertaining to public records throughout the revised
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1 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
2 limitations are hereby continued in effect by incorporation into this Chapter by
3 citation:
4 * * *
5 (24) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 799, 920.1, 969.1,
6 1123(E), 1249.1, 1277, 1278, 1285, 1326, 1338.1, 1360.53.1, 1360.104.1, 1518,
7 1745.15, 1747, 1806, 2156.1, 2371, 2406, 2505.1, 2863.1, 3276.2, 3481, 3507.1
8 * * *
9 Section 3. This Act shall become effective on January 1, 2028.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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