Ind. Code ch. 25-33.5-10

in effect

Ind. Code § 25-33.5-10-1 Psychology interjurisdictional compact commission created; venue and judicial proceedings; sovereign immunity

Sec. 1. (a) The compact states hereby create and establish a joint public agency known as the psychology interjurisdictional compact commission. (b) The commission is a body politic and an instrumentality of the compact states. (c) 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 the commission adopts or consents to participate in alternative dispute resolution proceedings. (d) Nothing in this compact shall be construed to be a waiver of sovereign immunity. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-2 State commissioner; appointment; authority; removal; vacancy

Sec. 2. (a) The commission shall consist of one (1) voting delegate appointed by each compact state who shall serve as the state's commissioner. The state psychology regulatory authority shall appoint the state's delegate. (b) The delegate shall be empowered to act on behalf of the compact state. The delegate shall be limited to: (1) an executive director, executive secretary, or a similar executive position; (2) a current member of the state psychology regulatory authority of a compact state; or (3) a designee empowered with the appropriate delegate authority to act on behalf of the compact state. (c) 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 on the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-3 State commissioner; voting; participation

Sec. 3. Each commissioner shall be entitled to one (1) vote concerning the promulgation of rules and the creation of bylaws, and otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by any other means provided by the bylaws. The bylaws may provide for commissioners to participate in meetings by telephone or other means of communication. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-4 Commission meetings

Sec. 4. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-5 Meetings open to the public; notice

Sec. 5. All meetings shall be open to the public, and public notice of the meetings shall be given in the same manner as required under the rulemaking provisions set forth in IC 25-33.5-11. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-6 Closed meetings

Sec. 6. (a) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following: (1) Noncompliance of a compact state with the compact state's obligations under the compact. (2) The employment, compensation, discipline, other personnel matters, practices or procedures concerning 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) Accusations against any person of a crime or formal censure of a person. (6) Disclosure of trade secrets, commercial, or financial information that 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 concerning 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 under the compact. (10) Matters specifically exempted from disclosure by federal or state statute. (b) If a meeting, or portion of a meeting, is closed under subsection (a), the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-7 Meeting minutes

Sec. 7. (a) The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting, and the reasons therefore, including a description of the views expressed. (b) All documents considered in connection with an action shall be identified in the minutes. (c) 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. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-8 Bylaws; closed sessions; publication and filing of bylaws; maintenance of financial records

Sec. 8. (a) The commission shall, by a majority vote of the commissioners, prescribe bylaws or rules to govern the commission's conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including the following: (1) Establishing the fiscal year of the commission. (2) Providing reasonable standards and procedures: (A) for the establishment and meetings of other committees; and (B) for the governing of any general or specific delegation of any authority or function of the commission. (3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of the meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of any proceeding, and proprietary information, including trade secrets. (4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission. (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any other state law, the bylaws shall exclusively govern the personnel policies and programs of the commission. (6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees. (7) Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of the commission's debts and obligations. (b) 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. (c) The commission shall publish the bylaws in a convenient form and file a copy of the bylaws and any amendments to the bylaws with the appropriate agency or officer in each compact state. (d) The commission shall maintain the commission's financial records in accordance with the bylaws. (e) The commission shall meet and take any action that is consistent with the provisions of the compact and the bylaws. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-9 Commission powers

Sec. 9. The commission shall have the following powers: (1) Promulgate uniform rules to facilitate and coordinate implementation and administration of the compact. The rules shall have the force and effect of laws and shall be binding in all compact states. (2) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected. (3) Purchase and maintain insurance and bonds. (4) Borrow, accept, or contract for services of personnel, including employees of a compact state. (5) Hire employees, elect or appoint officers, fix compensation, define duties, grant appropriate authority to individuals to carry out the purposes of the compact, and establish the commission's personnel policies and programs concerning conflicts of interest, qualifications of personnel, and other related personnel matters. (6) Accept, receive, utilize, and dispose of any and all appropriate donations and grants of money, equipment, supplies, materials, and services. (7) Lease, purchase, accept appropriate gifts or donations, or otherwise own, hold, improve, or use, any: (A) real; (B) personal; or (C) mixed; property, provided that at all times the commission shall strive to avoid any appearance of impropriety. (8) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any: (A) real; (B) personal; or (C) mixed; property. (9) Establish a budget and make expenditures. (10) Borrow money. (11) Appoint committees, including advisory committees, comprised of members, state regulators, state legislators or a state legislator's designee, consumer representatives, and any other interested persons as may be designated in the compact and the bylaws. (12) Provide and receive information from, and cooperate with, law enforcement agencies. (13) Adopt and use an official seal. (14) Perform other functions that may be necessary or appropriate to achieve the purposes of the compact and that are consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and the practice of telepsychology. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-10 Executive board; membership; removal of member; meetings; duties

Sec. 10. (a) The elected officers of the commission shall serve as the executive board and have the power to act on behalf of the commission in accordance with the compact. (b) The executive board shall be comprised of the following six (6) members: (1) Five (5) voting members who are elected from the current membership of the commission by the commission. (2) One (1) ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities. (c) The ex officio member must have served as staff or a member of a state psychology regulatory authority and will be selected by the respective organization. (d) The commission may remove any member of the executive board as provided in the bylaws of the compact. (e) The executive board shall meet at least once annually. (f) The executive board shall have the following duties and responsibilities: (1) Make recommendations to the entire commission for any: (A) changes to the rules or bylaws; (B) changes to compact legislation; and (C) fees to be paid by compact states, including annual dues and other applicable fees. (2) Ensure compact administration services are appropriately provided, whether by contract 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. (7) Perform any other duties provided in the rules or bylaws. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-11 Commission expenses; annual assessments; accounting and audits

Sec. 11. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and any ongoing activities. (b) The commission may accept any appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (c) The commission may: (1) levy on, and collect an annual assessment from, each compact state; or (2) impose fees on other parties; to cover the cost of the operations and activities of the commission and the commission's staff in an amount that is sufficient to cover the commission's annual budget as approved each year for revenue that is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula determined by the commission and promulgated through a rule binding all the compact states. (d) The commission shall not incur any obligations of any kind before securing adequate funds to meet the obligation. The commission may not 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 commission's receipts and disbursements shall be subject to the audit and accounting procedures established under the commission's 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 commission's annual report. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-10-12 Immunity; defense in civil actions; indemnification

Sec. 12. (a) The: (1) members; (2) officers; (3) executive director; (4) employees; and (5) representatives; of the commission shall be immune from each suit and liability, either personally or in the individual's official capacity, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or arising out of an 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 as long as nothing may be construed to protect any individual from a suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of the individual. (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 individual against whom the claim is made had a reasonable basis for believing occurred within the scope of the commission employment, duties, or responsibilities, provided that: (1) nothing shall be construed to prohibit the individual from retaining the individual's own counsel; and (2) the actual or alleged act, error, or omission did not result from the individual'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 the individual 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 individual had 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 intentional or willful or wanton misconduct by the individual. As added by P.L.65-2022, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026