N.D. Cent. Code § 43-32.1-01 Psychology interjurisdictional compact
43-32.1-01. Psychology interjurisdictional compact
ARTICLE I - PURPOSE
WHEREAS, states license psychologists, in order to protect the public through verification
of education, training and experience and ensure accountability for professional practice; and
WHEREAS, this compact is intended to regulate the day-to-day practice of telepsychology
(i.e. the provision of psychological services using telecommunication technologies) by
psychologists across state boundaries in the performance of their psychological practice as
assigned by appropriate authority; and
WHEREAS, this compact is intended to regulate the temporary in-person, face-to-face
practice of psychology by psychologists across state boundaries for thirty days within a calendar
year in the performance of their psychological practice as assigned by an appropriate authority;
WHEREAS, this compact is intended to authorize state psychology regulatory authorities to
afford legal recognition, in a manner consistent with the terms of the compact, to psychologists
licensed in another state;
WHEREAS, this compact recognizes that states have a vested interest in protecting the
public's health and safety through their licensing and regulation of psychologists and that such
state regulation will best protect public health and safety;
WHEREAS, this compact does not apply when a psychologist is licensed in both the home
and receiving states; and
WHEREAS, this compact does not apply to permanent in-person, face-to-face practice, it
does allow for authorization of temporary psychological practice. Consistent with these
principles, this compact is designed to achieve the following purposes and objectives:
1. Increase public access to professional psychological services by allowing for
telepsychological practice across state lines as well as temporary in-person, face-to-
face services into a state which the psychologist is not licensed to practice psychology;
2. Enhance the states' ability to protect the public's health and safety, especially
client/patient safety;
3. Encourage the cooperation of compact states in the areas of psychology licensure and
regulation;
4. Facilitate the exchange of information between compact states regarding psychologist
licensure, adverse actions and disciplinary history;
5. Promote compliance with the laws governing psychological practice in each compact
state; and
6. Invest all compact states with the authority to hold licensed psychologists accountable
through the mutual recognition of compact state licenses.
ARTICLE II - DEFINITIONS
In this compact:
1. "Adverse action" means any action taken by a state psychology regulatory authority
which finds a violation of a statute or regulation that is identified by the state
psychology regulatory authority as discipline and is a matter of public record.
2. "Association of state and provincial psychology boards" means the recognized
membership organization composed of state psychology regulatory authorities
responsible for the licensure and registration of psychologists throughout the United
States and Canada.
3. "Authority to practice jurisdictional telepsychology" means a licensed psychologist's
authority to practice telepsychology, within the limits authorized under this compact, in
another compact state.
4. "Bylaws" means those bylaws established by the psychology interjurisdictional
compact commission pursuant to article X for its governance, or for directing and
controlling its actions and conduct.
5. "Client/patient" means the recipient of psychological services, whether psychological
services are delivered in the context of health care, corporate, supervision, and/or
consulting services.
6. "Commissioner" means the voting representative appointed by each state psychology
regulatory authority pursuant to article X.
7. "Compact state" means a state, the District of Columbia, or United States territory that
has enacted this compact legislation and which has not withdrawn pursuant to
article XIII, subsection 3 or been terminated pursuant to article XII, subsection 2.
8. "Confidentiality" means the principle that data or information is not made available or
disclosed to unauthorized persons or processes.
9. "Coordinated licensure information system" also referred to as "coordinated database"
means an integrated process for collecting, storing, and sharing information on
psychologists' licensure and enforcement activities related to psychology licensure
laws, which is administered by the recognized, membership organization composed of
state and provincial psychology regulatory authorities.
10. "Day" means any part of a day in which psychological work is performed.
11. "Distant state" means the compact state where a psychologist is physically present
(not through the use of telecommunications technologies), to provide temporary
in-person, face-to-face psychological services.
12. "E.passport" means a certificate issued by the association of state and provincial
psychology boards that promotes the standardization in the criteria of interjurisdictional
telepsychology practice and facilitates the process for licensed psychologists to
provide telepsychological services across state lines.
13. "Executive board" means a group of directors elected or appointed to act on behalf of,
and within the powers granted to them by, the commission.
14. "Home state" means a compact state where a psychologist is licensed to practice
psychology. If the psychologist is licensed in more than one compact state and is
practicing under the authorization to practice interjurisdictional telepsychology, the
home state is the compact state where the psychologist is physically present when the
telepsychological services are delivered. If the psychologist is licensed in more than
one compact state and is practicing under the temporary authorization to practice, the
home state is any compact state where the psychologist is licensed.
15. "Identity history summary" means a summary of information retained by the federal
bureau of investigation, or other designee with similar authority, in connection with
arrests and, in some instances, federal employment, naturalization, or military service.
16. "In-person, face-to-face" means interactions in which the psychologist and the
client/patient are in the same physical space and which does not include interactions
that may occur through the use of telecommunication technologies.
17. "Interjurisdictional practice certificate" means a certificate issued by the association of
state and provincial psychology boards that grants temporary authority to practice
based on notification to the state psychology regulatory authority of intention to
practice temporarily, and verification of one's qualifications for such practice.
18. "License" means authorization by a state psychology regulatory authority to engage in
the independent practice of psychology, which would be unlawful without the
authorization.
19. "Noncompact state" means any state which is not at the time a compact state.
20. "Psychologist" means an individual licensed for the independent practice of
psychology.
21. "Psychology interjurisdictional compact commission" also referred to as "commission"
means the national administration of which all compact states are members.
22. "Receiving state" means a compact state where the client/patient is physically located
when the telepsychological services are delivered.
23. "Rule" means a written statement by the psychology interjurisdictional compact
commission promulgated pursuant to article XI of the compact that is of general
applicability, implements, interprets, or prescribes a policy or provision of the compact,
or an organizational, procedural, or practice requirement of the commission and has
the force and effect of statutory law in a compact state, and includes the amendment,
repeal, or suspension of an existing rule.
24. "Significant investigatory information" means:
a. Investigative information that a state psychology regulatory authority, after a
preliminary inquiry that includes notification and an opportunity to respond if
required by state law, has reason to believe, if proven true, would indicate more
than a violation of state statute or ethics code that would be considered more
substantial than minor infraction; or
b. Investigative information that indicates that the psychologist represents an
immediate threat to public health and safety regardless of whether the
psychologist has been notified and/or had an opportunity to respond.
25. "State" means a state, commonwealth, territory, or possession of the United States,
the District of Columbia.
26. "State psychology regulatory authority" means the board, office, or other agency with
the legislative mandate to license and regulate the practice of psychology.
27. "Telepsychology" means the provision of psychological services using
telecommunication technologies.
28. "Temporary authorization to practice" means a licensed psychologist's authority to
conduct temporary in-person, face-to-face practice, within the limits authorized under
this compact, in another compact state.
29. "Temporary in-person, face-to-face practice" means where a psychologist is physically
present (not through the use of telecommunications technologies), in the distant state
to provide for the practice of psychology for thirty days within a calendar year and
based on notification to the distant state.
ARTICLE III - HOME STATE LICENSURE
1. The home state shall be a compact state where a psychologist is licensed to practice
psychology.
2. A psychologist may hold one or more compact state licenses at a time. If the
psychologist is licensed in more than one compact state, the home state is the
compact state where the psychologist is physically present when the services are
delivered as authorized by the authority to practice interjurisdictional telepsychology
under the terms of this compact.
3. Any compact state may require a psychologist not previously licensed in a compact
state to obtain and retain a license to be authorized to practice in the compact state
under circumstances not authorized by the authority to practice interjurisdictional
telepsychology under the terms of this compact.
4. Any compact may require a psychologist to obtain and retain a license to be
authorized to practice in a compact state under circumstances not authorized by
temporary authorization to practice under the terms of this compact.
5. A home state's license authorizes a psychologist to practice in a receiving state under
the authority to practice interjurisdictional telepsychology only if the compact state:
a. Currently requires the psychologist to hold an active e.passport;
b. Has a mechanism in place for receiving and investigation complaints about
licensed individuals;
c. Notifies to commission, in compliance with the terms herein, of any adverse
action or significant investigatory information regarding a licensed individual;
d. Requires an identity history summary of all applicants at initial licensure, including
the use of the results of fingerprints or other biometric data checks compliant with
the requirements of the federal bureau of investigation, or other designee with
similar authority, no later than ten years after activation of the compact; and
e. Complies with the bylaws and rules of the commission.
6. A home state's license grants temporary authorization to practice to a psychologist in a
distant state only if the compact state:
a. Currently requires the psychologist to hold an active interjurisdictional practice
certificate;
b. Has a mechanism in place for receiving and investigation complaints about
licensed individuals;
c. Notifies the commission, in compliance with the terms herein, of any adverse
action or significant investigatory information regarding a licensed individual;
d. Requires an identity history summary of all applicants at initial licensure, including
the use of the results of fingerprints or other biometric data checks compliant with
the requirements of the federal bureau of investigation, or other designee with
similar authority, no later than ten years after activation of the compact; and
e. Complies with the bylaws and rules of the commission.
ARTICLE IV - COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
1. Compact states shall recognize the right of a psychologist, licensed in a compact state
in conformance with article III, to practice telepsychology in other compact states
(receiving states) in which the psychologist is not licensed, under the authority to
practice interjurisdictional telepsychology as provided in the compact.
2. To exercise the authority to practice interjurisdictional telepsychology under the terms
and provisions of this compact, a psychologist licensed to practice in a compact state
must:
a. Hold a graduate degree in psychology from an institute of higher education that
was, at the time the degree was awarded:
(1) Regionally accredited by an accrediting body recognized by the United
States department of education to grant graduate degrees, or authorized by
provincial statute or royal charter to grant doctoral degrees;
(2) A foreign college or university deemed to be equivalent to paragraph 1 by a
foreign credential evaluation service that is a member of the national
association of credential evaluation services or by a recognized foreign
credential evaluation service;
b. Hold a graduate degree in psychology that meets the following criteria:
(1) The program, wherever it may be administratively housed, must be clearly
identified and labeled as a psychology program. Such a program must
specify in pertinent institutional catalogs and brochures its intent to educate
and train professional psychologists;
(2) The psychology program must stand as a recognizable, coherent,
organizational entity within the institution;
(3) There must be a clear authority and primary responsibility for the core and
specialty areas whether or not the program cuts across administrative lines;
(4) The program must consist of an integrated, organized sequence of study;
(5) There must be an identifiable psychology faculty sufficient in size and
breadth to carry out its responsibilities;
(6) The designated director of the program must be a psychologist and a
member of the core faculty;
(7) The program must have an identifiable body of students who are
matriculated in that program for a degree;
(8) The program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;
(9) The curriculum shall encompass a minimum of three academic years of full-
time graduate study for doctoral degree and a minimum of one academic
year of full-time graduate study for master's degree;
(10) The program includes an acceptable residency as defined by the rules of
the commission.
c. Possess a current, full and unrestricted license to practice psychology in a home
state which is a compact state;
d. Have no history of adverse action that violate the rules of the commission;
e. Have no criminal record history reported on an identity history summary that
violates the rules of the commission;
f. Possess a current, active e.passport;
g. Provide attestations in regard to areas of intended practice, conformity with
standards of practice, competence in telepsychology technology; criminal
background; and knowledge and adherence to legal requirements in the home
and receiving states, and provide a release of information to allow for primary
source verification in a manner specified by the commission; and
h. Meet other criteria as defined by the rules of the commission.
3. The home state maintains authority over the license of any psychologist practicing into
a receiving state under the authority to practice interjurisdictional telepsychology.
4. A psychologist practicing into a receiving state under the authority to practice
interjurisdictional telepsychology will be subject to the receiving state's scope of
practice. In accordance with that state's due process law, a receiving state may limit or
revoke a psychologist's authority to practice interjurisdictional telepsychology in the
receiving state and may take any other necessary actions under the receiving state's
applicable law to protect the health and safety of the receiving state's citizens. If a
receiving state takes action, the state promptly shall notify the home state and the
commission.
5. If a psychologist's license in any home state, another compact state, or any authority
to practice interjurisdictional telepsychology in any receiving state, is restricted,
suspended or otherwise limited, the e.passport shall be revoked and therefore the
psychologist shall not be eligible to practice telepsychology in a compact state under
the authority to practice interjurisdictional telepsychology.
ARTICLE V - COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
1. Compact states shall also recognize the right of a psychologist, licensed in a compact
state in conformance with article III, to practice temporarily in other compact states
(distant states) in which the psychologist is not licensed, as provided in the compact.
2. To exercise the temporary authorization to practice under the terms and provisions of
this compact, a psychologist licensed to practice in a compact state must:
a. Hold a graduate degree in psychology from an institute of higher education that
was, at the time the degree was awarded:
(1) Regionally accredited by an accrediting body recognized by the United
States department of education to grant graduate degrees, or authorized by
provincial statute or royal charter to grant doctoral degrees; or
(2) A foreign college or university deemed to be equivalent to paragraph 1 by a
foreign credential evaluation service that is a member of the national
association of credential evaluation services or by a recognized foreign
credential evaluation service; and
b. Hold a graduate degree in psychology that meets the following criteria:
(1) The program, wherever it may be administratively housed, must be clearly
identified and labeled as a psychology program. Such a program must
specify in pertinent institutional catalogs and brochures its intent to educate
and train professional psychologists;
(2) The psychology program must stand as a recognizable, coherent,
organizational entity within the institution;
(3) There must be a clear authority and primary responsibility for the core and
specialty areas whether or not the program cuts across administrative lines;
(4) The program must consist of an integrated, organized sequence of study;
(5) There must be an identifiable psychology faculty sufficient in size and
breadth to carry out its responsibilities;
(6) The designated director of the program must be a psychologist and a
member of the core faculty;
(7) The program must have an identifiable body of students who are
matriculated in that program for a degree;
(8) The program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;
(9) The curriculum shall encompass a minimum of three academic years of full-
time graduate study for doctoral degrees and a minimum of one academic
year of full-time graduate study for master's degree;
(10) The program includes an acceptable residency as defined by the rules of
the commission.
c. Possess a current, full and unrestricted license to practice psychology in a home
state which is a compact state;
d. No history of adverse action that violate the rules of the commission;
e. No criminal record history that violates the rules of the commission;
f. Possess a current, active interjurisdictional practice certificate;
g. Provide attestations in regard to areas of intended practice and work experience
and provide a release of information to allow for primary source verification in a
manner specified by the commission; and
h. Meet other criteria as defined by the rules of the commission.
3. A psychologist practicing into a distant state under the temporary authorization to
practice shall practice within the scope of practice authorized by the distant state.
4. A psychologist practicing into a distant state under the temporary authorization to
practice will be subject to the distant state's authority and law. A distant state may, in
accordance with that state's due process law, limit or revoke a psychologist's
temporary authorization to practice in the distant state and may take any other
necessary actions under the distant state's applicable law to protect the health and
safety of the distant state's citizens. If a distant state takes action, the state promptly
shall notify the home state and the commission.
5. If a psychologist's license in any home state, another compact state, or any temporary
authorization to practice in any distant state, is restricted, suspended, or otherwise
limited, the interjurisdictional practice certificate shall be revoked and therefore the
psychologist shall not be eligible to practice in a compact state under the temporary
authorization to practice.
ARTICLE VI - CONDITIONS OF TELEPSYCHOLOGY PRACTICE
IN A RECEIVING STATE
A psychologist may practice in a receiving state under the authority to practice
interjurisdictional telepsychology only in the performance of the scope of practice for psychology
as assigned by an appropriate state psychology regulatory authority, as defined in the rules of
the commission, and under the following circumstances:
1. The psychologist initiates a client/patient contact in a home state via
telecommunications technologies with a client/patient in a receiving state;
2. Other conditions regarding telepsychology as determined by rules promulgated by the
commission.
ARTICLE VII - ADVERSE ACTIONS
1. A home state shall have the power to impose adverse action against a psychologist's
license issued by the home state. A distant state shall have the power to take adverse
action on a psychologist's temporary authorization to practice within that distant state.
2. A receiving state may take adverse action on a psychologist's authority to practice
interjurisdictional telepsychology within that receiving state. A home state may take
adverse action against a psychologist based on an adverse action taken by a distant
state regarding temporary in-person, face-to-face practice.
3. If a home state takes adverse action against a psychologist's license, that
psychologist's authority to practice interjurisdictional telepsychology is terminated and
the e.passport is revoked. Furthermore, that psychologist's temporary authorization to
practice is terminated and the interjurisdictional practice certificate is revoked.
a. All home state disciplinary orders which impose adverse action shall be reported
to the commission in accordance with the rules promulgated by the commission.
A compact state shall report adverse actions in accordance with the rules of the
commission.
b. In the event discipline is reported on a psychologist, the psychologist will not be
eligible for telepsychology or temporary in-person, face-to-face practice in
accordance with the rules of the commission.
c. Other actions may be imposed as determined by the rules promulgated by the
commission.
4. A home state's psychology regulatory authority shall investigate and take appropriate
action with respect to reported inappropriate conduct engaged in by a licensee which
occurred in a receiving state as it would if such conduct had occurred by a licensee
within the home state. In such cases, the home state's law shall control in determining
any adverse action against a psychologist's license.
5. A distant state's psychology regulatory authority shall investigate and take appropriate
action with respect to reported inappropriate conduct engaged in by a psychologist
practicing under temporary authorization practice which occurred in that distant state
as it would if such conduct had occurred by a licensee within the home state. In such
cases, the distant state's law shall control in determining any adverse action against a
psychologist's temporary authorization to practice.
6. Nothing in this compact shall override a compact state's decision that a psychologist's
participation in an alternative program may be used in lieu of adverse action and that
such participation shall remain nonpublic if required by the compact state's law.
Compact states must require psychologists who enter any alternative programs to not
provide telepsychology services under the authority to practice interjurisdictional
telepsychology or provide temporary psychological services under the temporary
authorization to practice in any other compact state during the term of the alternative
program.
7. No other judicial or administrative remedies shall be available to a psychologist in the
event a compact state imposes an adverse action pursuant to this subsection.
ARTICLE VIII - ADDITIONAL AUTHORITIES INVESTED IN
A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY
In addition to any other powers granted under state law, a compact state's psychology
regulatory authority shall have the authority under this compact to:
1. Issue subpoenas, for both hearings and investigations, which require the attendance
and testimony of witnesses and the production of evidence. Subpoenas issued by a
compact state's psychology regulatory authority for the attendance and testimony of
witnesses, and/or the production of evidence from another compact state shall be
enforced in the latter state by any court of competent jurisdiction, according to that
court's practice and procedure in considering subpoenas issued in its own
proceedings. The issuing state psychology regulatory authority shall pay any witness
fees, travel expenses, mileage and other fees required by the service statutes of the
state where the witnesses and/or evidence are located; and
2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's
authority to practice interjurisdictional telepsychology and/or temporary authorization to
practice.
3. During the course of any investigation, a psychologist may not change the
psychologist's home state licensure. A home state psychology regulatory authority is
authorized to complete any pending investigations of a psychologist and to take any
actions appropriate under its law. The home state psychology regulatory authority shall
promptly report the conclusions of such investigations to the commission. Once an
investigation has been completed, and pending the outcome of said investigation, the
psychologist may change his/her home state licensure. The commission promptly shall
notify the new home state of any such decisions as provided in the rules of the
commission. All information provided to the commission or distributed by compact
states pursuant to the psychologist shall be confidential, filed under seal and used for
investigatory or disciplinary matters. The commission may create additional rules for
mandated or discretionary sharing of information by compact states.
ARTICLE IX - COORDINATED LICENSURE INFORMATION SYSTEM
1. The commission shall provide for the development and maintenance of a coordinated
licensure information system (coordinated database) and reporting system containing
licensure and disciplinary action information on all psychologists individuals to whom
this compact is applicable in all compact states as defined by the rules of the
commission.
2. Notwithstanding any other provision of state law to the contrary, a compact state shall
submit a uniform data set to the coordinated database on all licensees as required by
the rules of the commission, including:
a. Identifying information;
b. Licensure data;
c. Significant investigatory information;
d. Adverse actions against a psychologist's license;
e. An indicator that a psychologist's authority to practice interjurisdictional
telepsychology and/or temporary authorization to practice is revoked;
f. Nonconfidential information related to alternative program participation
information;
g. Any denial of application for licensure, and the reasons for such denial; and
h. Other information which may facilitate the administration of this compact, as
determined by the rules of the commission.
3. The coordinated database administrator promptly shall notify all compact states of any
adverse action taken against, or significant investigative information on, any licensee
in a compact state.
4. Compact states reporting information to the coordinated database may designate
information that may not be shared with the public without the express permission of
the compact state reporting the information.
5. Any information submitted to the coordinated database that is subsequently required
to be expunged by the law of the compact state reporting the information shall be
removed from the coordinated database.
ARTICLE X - ESTABLISHMENT OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION
1. The compact states hereby create and establish a joint public agency known as the
psychology interjurisdictional compact commission.
a. The commission is a body politic and an instrumentality of the compact states.
b. Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive venue
and jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
c. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
2. Membership, voting, and meetings.
a. The commission shall consist of one voting representative appointed by each
compact state who shall serve as that state's commissioner. The state
psychology regulatory authority shall appoint its delegate. This delegate shall be
empowered to act on behalf of the compact state. This delegate shall be limited
to:
(1) Executive director, executive secretary, or similar executive;
(2) Current member of the state psychology regulatory authority of a compact
state; or
(3) Designee empowered with the appropriate delegate authority to act on
behalf of the compact state.
b. Any commissioner may be removed or suspended from office as provided by the
law of the state from which the commissioner is appointed. Any vacancy
occurring in the commission shall be filled in accordance with the laws of the
compact state in which the vacancy exists.
c. Each commissioner shall be entitled to one vote with regard to the promulgation
of rules and creation of bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the commission. A commissioner shall
vote in person or by such other means as provided in the bylaws. The bylaws
may provide for commissioners' participation in meetings by telephone or other
means of communication.
d. The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
e. All meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking provisions in
article XI.
f. The commission may convene in a closed, nonpublic meeting if the commission
must discuss:
(1) Noncompliance of a compact state with its obligations under the compact;
(2) The employment, compensation, discipline, or other personnel matters,
practices or procedures related to specific employees or other matters
related to the commission's internal personnel practices, and procedures;
(3) Current, threatened, or reasonably anticipated litigation against the
commission;
(4) Negotiation of contracts for the purchase or sale of goods, services, or real
estate;
(5) Accusation against any person of a crime or formally censuring any person;
(6) Disclosure of trade secrets or commercial or financial information which is
privileged or confidential;
(7) Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(8) Disclosure of investigatory records compiled for law enforcement purposes;
(9) Disclosure of information related to any investigatory reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility for investigation or determination of compliance issues
pursuant to the compact; or
(10) Matters specifically exempted from disclosure by federal and state statute.
g. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision. The commission
shall keep minutes which fully and clearly describe all matters discussed in a
meeting and shall provide a full and accurate summary of actions taken, of any
person participating in the meeting, and the reasons therefore, including a
description of the views expressed. All documents considered in connection with
an action shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release only by a majority vote
of the commission or order of a court of competent jurisdiction.
3. The commission shall, by a majority vote of the commissioners, prescribe bylaws
and/or rules to govern its conduct as may be necessary or appropriate to carry out the
purposes and exercise the powers of the compact, including but not limited to:
a. Establishing the fiscal year of the commission;
b. Providing reasonable standards and procedures:
(1) For the establishment and meetings of other committees; and
(2) Governing any general or specific delegation of any authority or function of
the commission;
c. Providing reasonable procedures for calling and conducting meetings of the
commission, ensuring reasonable advance notice of all meetings and providing
an opportunity for attendance of such meetings by interested parties, with
enumerated exceptions designed to protect the public's interest, the privacy of
individuals of such proceedings, and proprietary information, including trade
secrets. The commission may meet in closed session only after a majority of the
commissioners vote to close a meeting to the public in whole or in part. As soon
as practicable, the commission must make public a copy of the vote to close the
meeting revealing the vote of each commissioner with no proxy votes allowed;
d. Establishing the titles, duties and authority and reasonable procedures for the
election of the officers of the commission;
e. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the commission. Notwithstanding any civil
service or other similar law of any compact state, the bylaws shall exclusively
govern the personnel policies and programs of the commission;
f. Promulgating a code of ethics to address permissible and prohibited activities of
commission members and employees;
g. Providing a mechanism for concluding the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of
the compact after the payment and/or reserving of all of its debts and obligations;
h. The commission shall publish its bylaws in a convenient form and file a copy
thereof and a copy of any amendment thereto, with the appropriate agency or
officer in each of the compact states;
i. The commission shall maintain its financial records in accordance with the
bylaws; and
j. The commission shall meet and take such actions as are consistent with the
provisions of this compact and the bylaws.
4. The commission shall have the following powers:
a. The authority to promulgate uniform rules to facilitate and coordinate
implementation and administration of this compact. The rule shall have the force
and effect of law and shall be binding in all compact states;
b. To bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any state psychology regulatory
authority or other regulatory body responsible for psychology licensure to sue or
be sued under applicable law shall not be affected;
c. To purchase and maintain insurance and bonds;
d. To borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a compact state;
e. To hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact,
and to establish the commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel, and other related personnel
matters;
f. To accept any and all appropriate donations and grants of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of the same;
provided that at all times the commission shall strive to avoid any appearance of
impropriety and/or conflict of interest;
g. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, real, personal or mixed; provided that at all
times the commission shall strive to avoid any appearance of impropriety;
h. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal or mixed;
i. To establish a budget and make expenditures;
j. To borrow money;
k. To appoint committees, including advisory committees comprised of members,
state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
compact and the bylaws;
l. To provide and receive information from, and to cooperate with, law enforcement
agencies;
m. To adopt and use an official seal; and
n. To perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact consistent with the state regulation of psychology
licensure, temporary in-person, face-to-face practice, and telepsychology
practice.
5. The executive board. The elected officers shall serve as the executive board, which
shall have the power to act on behalf of the commission according to the terms of this
compact.
a. The executive board shall be comprised of six members:
(1) Five voting members who are elected from the current membership of the
commission by the commission; and
(2) One ex officio, nonvoting member from the recognized membership
organization composed of state and provincial psychology regulatory
authorities.
b. The ex officio member must have served as staff or member on a state
psychology regulatory authority and will be selected by its respective
organization.
c. The commission may remove any member of the executive board as provided in
bylaws.
d. The executive board shall meet at least annually.
e. The executive board shall have the following duties and responsibilities:
(1) Recommend to the entire commission changes to the rules or bylaws,
changes to this compact legislation, fees paid by compact states such as
annual dues, and any other applicable fees;
(2) Ensure compact administration services are appropriately provided,
contractual or otherwise;
(3) Prepare and recommend the budget;
(4) Maintain financial records on behalf of the commission;
(5) Monitor compact compliance of member states and provide compliance
reports to the commission;
(6) Establish additional committees as necessary; and
(7) Other duties as provided in rules or bylaws.
6. Financing of the commission.
a. The commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization and ongoing activities.
b. The commission may accept any and all appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
c. The commission may levy on and collect an annual assessment from each
compact state or impose fees on other parties to cover the cost of the operations
and activities of the commission and its staff which must be in a total amount
sufficient to cover its annual budget as approved each year for which revenue is
not provided by other sources. The aggregate annual assessment amount shall
be allocated based upon a formula to be determined by the commission which
shall promulgate a rule binding upon all compact states.
d. The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of
the compact states, except by and with the authority of the compact state.
e. The commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the commission shall be subject to the audit
and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the commission shall be audited yearly
by a certified or licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the commission.
7. Qualified immunity, defense, and indemnification.
a. The members, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property or personal injury
or other civil liability caused by or arising out of any actual or alleged act, error, or
omission that occurred, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities; provided that nothing in this subdivision
shall be construed to protect any such person from suit and/or liability for any
damage, loss, injury or liability caused by the intentional or willful or wanton
misconduct of that person.
b. The commission shall defend any member, officer, executive director, employee,
or representative of the commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within the
scope of commission employment, duties, or responsibilities, or that the person
against whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities; provided
that nothing herein shall be construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton
misconduct.
c. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount
of any settlement or judgment obtained against that person arising out of any
actual or alleged act, error or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from the intentional or willful or wanton
misconduct of that person.
ARTICLE XI - RULEMAKING
1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
2. If a majority of the legislatures of the compact states rejects a rule, by enactment of a
statute or resolution in the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compact state.
3. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
4. Prior to promulgation and adoption of a final rule or rules by the commission, and at
least sixty days in advance of the meeting at which the rule will be considered and
voted upon, the commission shall file a notice of proposed rulemaking:
a. On the website of the commission; and
b. On the website of each compact states' psychology regulatory authority or the
publication in which each state would otherwise publish proposed rules.
5. The notice of proposed rulemaking shall include:
a. The proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
b. The text of the proposed rule or amendment and the reason for the proposed
rule;
c. A request for comments on the proposed rule from any interested person; and
d. The manner in which interested persons may submit notice to the commission of
their intention to attend the public hearing and any written comments.
6. Prior to adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the
public.
7. The commission shall grant an opportunity for a public hearing before it adopts a rule
or amendment if a hearing is requested by:
a. At least twenty-five persons who submit comments independently of each other;
b. A governmental subdivision or agency; or
c. A duly appointed person in an association that has having at least twenty-five
members.
8. If a hearing is held on the proposed rule or amendment, the commission shall publish
the place, time, and date of the scheduled public hearing.
a. All persons wishing to be heard at the hearing shall notify the executive director
of the commission or other designated member in writing of their desire to appear
and testify at the hearing not less than five business days before the scheduled
date of the hearing.
b. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
c. No transcript of the hearing is required, unless a written request for a transcript is
made, in which case the person requesting the transcript shall bear the cost of
producing the transcript. A recording may be made in lieu of a transcript under the
same terms and conditions as a transcript. This subsection shall not preclude the
commission from making a transcript or recording of the hearing if it so chooses.
d. Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings
required by this section.
9. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the commission shall consider all written and
oral comments received.
10. By majority vote of all members, the commission shall take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the
rulemaking record and the full text of the rule.
11. If no written notice of intent to attend the public hearing by interested parties is
received, the commission may proceed with promulgation of the proposed rule without
a public hearing.
12. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing,
provided that the usual rulemaking procedures provided in the compact and in this
section shall be retroactively applied to the rule as soon as reasonably possible, in no
event later than ninety days after the effective date of the rule. For the purposes of this
provision, an emergency rule is one that must be adopted immediately in order to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of commission or compact state funds;
c. Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule; or
d. Protect public health and safety.
13. The commission or an authorized committee of the commission may direct revisions to
a previously adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency, or grammatical errors. Public notice of
any revisions shall be posted on the website of the commission. The revision shall be
subject to challenge by any person for a period of thirty days after posting. The
revision may be challenged only on grounds that the revision results in a material
change to a rule. A challenge shall be made in writing, and delivered to the chair of the
commission prior to the end of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is challenged, the revision may not
take effect without the approval of the commission.
ARTICLE XII - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
1. Oversight.
a. The executive, legislative, and judicial branches of state government in each
compact state shall enforce this compact and take all actions necessary and
appropriate to effectuate the compact's purposes and intent. The provisions of
this compact and the rules promulgated hereunder shall have standing as
statutory law.
b. All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a compact state pertaining to the subject matter of
this compact which may affect the powers, responsibilities, or actions of the
commission.
c. The commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the commission shall render a
judgment or order void as to the commission, this compact or promulgated rules.
2. Default, technical assistance, and termination.
a. If the commission determines that a compact state has defaulted in the
performance of its obligations or responsibilities under this compact or the
promulgated rules, the commission shall:
(1) Provide written notice to the defaulting state and other compact states of the
nature of the default, the proposed means of remedying the default, and/or
any other action to be taken by the commission; and
(2) Provide remedial training and specific technical assistance regarding the
default.
b. If a state in default fails to remedy the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the
compact states, and all rights, privileges and benefits conferred by this compact
shall be terminated on the effective date of termination. A remedy of the default
does not relieve the offending state of obligations or liabilities incurred during the
period of default.
c. Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend
or terminate shall be submitted by the commission to the governor, the majority
and minority leaders of the defaulting state's legislature, and each of the compact
states.
d. A compact state which has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations which extend beyond the effective date of termination.
e. The commission shall not bear any costs incurred by the state which is found to
be in default or which has been terminated from the compact, unless agreed
upon in writing between the commission and the defaulting state.
f. The defaulting state may appeal the action of the commission by petitioning the
United States district court for the state of Georgia or the federal district where
the compact has its principal offices. The prevailing member shall be awarded all
costs of such litigation, including reasonable attorney's fees.
3. Dispute resolution.
a. Upon request by a compact state, the commission shall attempt to resolve
disputes related to the compact which arise among compact states and between
compact and noncompact states.
b. The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes that arise before the commission.
4. Enforcement.
a. The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
b. By majority vote, the commission may initiate legal action in the United States
district court for the state of Georgia or the federal district where the compact has
its principal offices against a compact state in default to enforce compliance with
the provisions of the compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing member shall be awarded all costs of
such litigation, including reasonable attorney's fees.
c. The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
ARTICLE XIII - DATE OF IMPLEMENTATION OF THE PSYCHOLOGY
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENTS
1. The compact shall come into effect on the date on which the compact is enacted into
law in the seventh compact state. The provisions which become effective at that time
shall be limited to the powers granted to the commission relating to assembly and the
promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking
powers necessary to the implementation and administration of the compact.
2. Any state which joins the compact subsequent to the commission's initial adoption of
the rules shall be subject to the rules as they exist on the date on which the compact
becomes law in that state. Any rule which has been previously adopted by the
commission shall have the full force and effect of law on the day the compact becomes
law in that state.
3. Any compact state may withdraw from this compact by enacting a statute repealing the
same.
a. A compact state's withdrawal shall not take effect until six months after enactment
of the repealing statute.
b. Withdrawal shall not affect the continuing requirement of the withdrawing state's
psychology regulatory authority to comply with the investigative and adverse
action reporting requirements of this act prior to the effective date of withdrawal.
4. Nothing contained in this compact shall be construed to invalidate or prevent any
psychology licensure agreement or other cooperative arrangement between a
compact state and a noncompact state which does not conflict with the provisions of
this compact.
5. This compact may be amended by the compact states. No amendment to this compact
shall become effective and binding upon any compact state until it is enacted into the
law of all compact states.
ARTICLE XIV - CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. If this
compact shall be held contrary to the constitution of any state member thereto, the compact
shall remain in full force and effect as to the remaining compact states.