Senate Amendment to House File 2676 H-8335 Amend House File 2676, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 SHORT TITLE 6 Section 1. SHORT TITLE. This Act shall be known and may be 7 cited as the “Iowa Make America Healthy Again Act”. 8 DIVISION II 9 CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC 10 HEALTH 11 Sec. 2. Section 148.3, Code 2026, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 5. The board shall adopt rules pursuant to 14 chapter 17A requiring a licensee practicing family medicine, 15 internal medicine, pediatrics, psychiatry, endocrinology, 16 gastroenterology, cardiology, oncology, rheumatology, 17 neurology, nephrology, dermatology, pulmonology, surgery, 18 immunology, hematology, obstetrics, or gynecology to complete a 19 minimum of one hour of continuing education on nutrition and 20 metabolic health every four years as a condition of license 21 renewal. 22 Sec. 3. Section 148C.3, subsection 1, paragraph c, Code 23 2026, is amended to read as follows: 24 c. Hours of continuing medical education necessary to become 25 or remain licensed. The board shall adopt rules pursuant to 26 chapter 17A requiring a licensee practicing family medicine, 27 internal medicine, pediatrics, psychiatry, endocrinology, 28 gastroenterology, cardiology, oncology, rheumatology, 29 neurology, nephrology, dermatology, pulmonology, surgery, 30 immunology, hematology, obstetrics, or gynecology to complete a 31 minimum of one hour of continuing education on nutrition and 32 metabolic health every four years as a condition of license 33 renewal. 34 DIVISION III 35 -1- HF 2676.3930.S (1) 91 mb 1/ 48 #1.
MEDICAL SCHOOL GRADUATION REQUIREMENT —— NUTRITION 1 Sec. 4. NEW SECTION . 148.15 Medical school graduation 2 requirement —— nutrition. 3 Beginning July 1, 2028, a medical school or college of 4 osteopathic medicine and surgery in this state shall require as 5 a condition of graduation that each student complete at least 6 forty hours of coursework on nutrition and metabolic health. 7 DIVISION IV 8 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —— SUMMER ELECTRONIC 9 BENEFITS TRANSFER FOR CHILDREN PROGRAM 10 Sec. 5. Section 234.1, Code 2026, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. “Summer electronic benefits transfer 13 for children program” or “summer EBT program” means the summer 14 electronic benefits transfer for children program established 15 in 42 U.S.C. §1762. 16 Sec. 6. NEW SECTION . 234.12B Supplemental nutrition 17 assistance program —— summer electronic benefits transfer for 18 children program. 19 1. The department shall do all of the following: 20 a. Implement a SNAP waiver upon receipt of approval by the 21 United States department of agriculture, food and nutrition 22 service, and continuously maintain state participation in SNAP 23 in accordance with waiver guidelines specifying that eligible 24 foods pursuant to 7 C.F.R. §271.2 are healthy foods as defined 25 by the director or the director’s designee. 26 b. Contingent upon the availability of federal funding, 27 ensure that the provision of SNAP benefits to recipients is 28 uninterrupted in accordance with federal law, regardless of 29 whether the United States department of agriculture, food and 30 nutrition service, approves state participation utilizing only 31 eligible foods as described in paragraph “a” . 32 2. The department may participate in the summer EBT program 33 subject to federally approved eligible foods for the summer EBT 34 program being consistent with eligible foods as described in 35 -2- HF 2676.3930.S (1) 91 mb 2/ 48
subsection 1, paragraph “a” . 1 DIVISION V 2 SCHOOL FOODS AND BEVERAGES 3 Sec. 7. Section 256E.7, subsection 2, Code 2026, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . 0t. Be subject to and comply with the 6 requirements of section 283A.6 relating to the preparation 7 of meals provided to students, and prohibited ingredients in 8 meals provided to students, in the same manner as a school 9 district, if the charter school provides a breakfast or lunch 10 program through the national school lunch program or the school 11 breakfast program administered by the food and nutrition 12 service of the United States department of agriculture. 13 Sec. 8. Section 256F.4, subsection 2, Code 2026, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . v. Be subject to and comply with the 16 requirements of section 283A.6 relating to the preparation of 17 meals provided to students, and prohibited ingredients in meals 18 provided to students, in the same manner as a school district, 19 if the charter school or innovation zone school provides a 20 breakfast or lunch program. 21 Sec. 9. NEW SECTION . 283A.6 School district breakfast and 22 lunch programs —— food and beverages provided to students —— 23 prohibited ingredients. 24 1. a. A school district shall not serve a meal to students 25 as part of the school district’s breakfast or lunch program 26 that contains any of the following ingredients: 27 (1) Blue dye 1. 28 (2) Blue dye 2. 29 (3) Green dye 3. 30 (4) Potassium bromate. 31 (5) Propylparaben. 32 (6) Red dye 40. 33 (7) Yellow dye 5. 34 (8) Yellow dye 6. 35 -3- HF 2676.3930.S (1) 91 mb 3/ 48
b. Paragraph “a” does not apply to food and beverages 1 received as part of a direct delivery from the foods in schools 2 program of the United States department of agriculture. 3 2. An employee or contracted vendor of a school district 4 shall not provide any food or beverages that contain an 5 ingredient described in subsection 1 to a student enrolled in 6 the school district during the school day. 7 3. A school district shall not permit the sale to students 8 of any foods or beverages that contain an ingredient described 9 in subsection 1 on the school campus, as school campus is 10 defined in 7 C.F.R. §210.11 as of January 1, 2026, unless the 11 sale takes place outside of the school day, as school day is 12 defined in 7 C.F.R. §210.11 as of January 1, 2026. 13 Sec. 10. Section 283A.10, Code 2026, is amended to read as 14 follows: 15 283A.10 School breakfast or lunch in nonpublic schools. 16 The authorities in charge of nonpublic schools may operate 17 or provide for the operation of school breakfast or lunch 18 programs in schools under their jurisdiction and may use funds 19 appropriated to them by the general assembly, gifts, funds 20 received from sale of school breakfasts or lunches under such 21 programs, and any other funds available to the nonpublic 22 school. However, school breakfast or lunch programs shall not 23 be required in nonpublic schools. The department of education 24 shall direct the disbursement of state funds to nonpublic 25 schools for school breakfast or lunch programs in the same 26 manner as state funds are disbursed to public schools. If 27 a nonpublic school receives state funds for the operation of 28 a school breakfast or lunch program, meals served under the 29 program shall be nutritionally adequate meals, as defined in 30 section 283A.1 , and shall comply with the requirements of 31 section 283A.6 . 32 Sec. 11. APPLICABILITY. This division of this Act applies 33 to school years beginning on or after July 1, 2027. 34 DIVISION VI 35 -4- HF 2676.3930.S (1) 91 mb 4/ 48
EPINEPHRINE DELIVERY SYSTEMS 1 Sec. 12. Section 135.185, Code 2026, is amended to read as 2 follows: 3 135.185 Epinephrine auto-injector delivery system supply. 4 1. For purposes of this section , unless the context 5 otherwise requires: 6 a. “Epinephrine auto-injector delivery system means the same 7 as provided in section 280.16 . 8 b. “Facility” means a food establishment as defined in 9 section 137F.1 , a carnival as defined in section 88A.1 , a 10 recreational camp, a youth sports facility, or a sports arena. 11 c. “Licensed health care professional” means the same as 12 provided in section 280.16 . 13 d. “Personnel authorized to administer epinephrine” means an 14 employee or agent of a facility who is trained and authorized 15 to administer an epinephrine auto-injector delivery system . 16 2. Notwithstanding any other provision of law to the 17 contrary, a licensed health care professional may prescribe 18 epinephrine auto-injectors delivery systems in the name of a 19 facility to be maintained for use as provided in this section . 20 3. A facility may obtain a prescription for epinephrine 21 auto-injectors delivery systems and maintain a supply of such 22 auto-injectors delivery systems in a secure location at each 23 location where a member of the public may be present for use 24 as provided in this section . A facility that obtains such a 25 prescription shall replace epinephrine auto-injectors delivery 26 systems in the supply upon use or expiration. Personnel 27 authorized to administer epinephrine may possess and administer 28 epinephrine auto-injectors delivery systems from the supply as 29 provided in this section . 30 4. Personnel authorized to administer epinephrine may 31 provide or administer an epinephrine auto-injector delivery 32 system from the facility’s supply to an individual present at 33 the facility if such personnel reasonably and in good faith 34 believe the individual is having an anaphylactic reaction. 35 -5- HF 2676.3930.S (1) 91 mb 5/ 48
5. The following persons, provided they have acted 1 reasonably and in good faith, shall not be liable for 2 any injury arising from the provision, administration, 3 or assistance in the administration of an epinephrine 4 auto-injector delivery system as provided in this section : 5 a. Any personnel authorized to administer epinephrine who 6 provide, administer, or assist in the administration of an 7 epinephrine auto-injector delivery system to an individual 8 present at the facility who such personnel believe to be having 9 an anaphylactic reaction. 10 b. The owner or operator of the facility. 11 c. The prescriber of the epinephrine auto-injector delivery 12 system . 13 6. The department, the board of medicine, the board of 14 nursing, and the board of pharmacy shall adopt rules pursuant 15 to chapter 17A to implement and administer this section , 16 including but not limited to standards and procedures for 17 the prescription, distribution, storage, replacement, and 18 administration of epinephrine auto-injectors delivery systems , 19 and for training and authorization to be required for personnel 20 authorized to administer epinephrine. 21 Sec. 13. Section 280.16, Code 2026, is amended to read as 22 follows: 23 280.16 Self-administration of respiratory distress, asthma, 24 or other airway constricting disease medication, epinephrine 25 auto-injectors delivery systems , bronchodilator canisters, or 26 bronchodilator canisters and spacers. 27 1. Definitions. For purposes of this section : 28 a. “Bronchodilator” means a bronchodilator as recommended 29 by the department of health and human services for treatment 30 of a student’s respiratory distress, asthma, or other airway 31 constricting disease. 32 b. “Bronchodilator canister” means a portable drug 33 delivery device packaged with multiple premeasured doses of a 34 bronchodilator. 35 -6- HF 2676.3930.S (1) 91 mb 6/ 48
c. “Epinephrine auto-injector delivery system means a 1 device for immediate self-administration or administration by 2 another trained individual of a measured dose of epinephrine 3 to a person at risk of anaphylaxis , including epinephrine 4 auto-injectors and epinephrine nasal sprays . 5 d. Licensed health care professional” means a person 6 licensed under chapter 148 to practice medicine and surgery or 7 osteopathic medicine and surgery, an advanced registered nurse 8 practitioner licensed under chapter 152 or 152E and registered 9 with the board of nursing, or a physician assistant licensed 10 under chapter 148C . 11 e. “Medication” means a drug that meets the definition 12 provided in section 126.2, subsection 8 , has an individual 13 prescription label, is prescribed by a licensed health care 14 professional for a student, and pertains to the student’s 15 respiratory distress, asthma, or other airway constricting 16 disease, or risk of anaphylaxis, and includes but is not 17 limited to a bronchodilator. 18 f. “Self-administration” means a student’s discretionary use 19 of medication prescribed by a licensed health care professional 20 for the student. 21 g. “Spacer” means a holding chamber that is used to optimize 22 the delivery of a bronchodilator to a person’s lungs. 23 2. The board of directors of a school district and the 24 authorities in charge of an accredited nonpublic school shall 25 permit the self-administration of medication or the use of a 26 bronchodilator canister or bronchodilator canister and spacer 27 by a student with respiratory distress, asthma, or other airway 28 constricting disease or the use of an epinephrine auto-injector 29 delivery system by a student with a risk of anaphylaxis if the 30 following conditions are met: 31 a. The student’s parent or guardian provides to the 32 school written authorization for the self-administration 33 of medication, for the use of a bronchodilator canister or 34 a bronchodilator canister and spacer, or for the use of an 35 -7- HF 2676.3930.S (1) 91 mb 7/ 48
epinephrine auto-injector delivery system . 1 b. The student’s parent or guardian provides to the school 2 a written statement from the student’s licensed health care 3 professional containing the following information: 4 (1) The name and purpose of the medication, bronchodilator 5 canister, bronchodilator canister and spacer, or epinephrine 6 auto-injector delivery system . 7 (2) The prescribed dosage. 8 (3) The times at which or the special circumstances under 9 which the medication, bronchodilator canister, bronchodilator 10 canister and spacer, or epinephrine auto-injector delivery 11 system is to be administered. 12 c. The parent or guardian and the school meet the 13 requirements of subsection 3 . 14 3. The school district or accredited nonpublic school 15 shall notify the parent or guardian of the student, in 16 writing, that the school district or accredited nonpublic 17 school and its employees are to incur no liability, except 18 for gross negligence, as a result of any injury arising from 19 self-administration of medication, use of a bronchodilator 20 canister or a bronchodilator canister and spacer, or use of 21 an epinephrine auto-injector delivery system by the student. 22 The parent or guardian of the student shall sign a statement 23 acknowledging that the school district or nonpublic school 24 is to incur no liability, except for gross negligence, as 25 a result of self-administration of medication, use of a 26 bronchodilator canister or a bronchodilator canister and 27 spacer, or use of an epinephrine auto-injector delivery system 28 by the student. A school district or accredited nonpublic 29 school and its employees acting reasonably and in good faith 30 shall incur no liability for any improper use of medication, a 31 bronchodilator canister, a bronchodilator canister and spacer, 32 or an epinephrine auto-injector delivery system as defined in 33 this section or for supervising, monitoring, or interfering 34 with a student’s self-administration of medication, use of 35 -8- HF 2676.3930.S (1) 91 mb 8/ 48
a bronchodilator canister or a bronchodilator canister and 1 spacer, or use of an epinephrine auto-injector delivery system 2 as defined in this section . 3 4. The permission for self-administration of medication, 4 for the use of a bronchodilator canister or a bronchodilator 5 canister and spacer, or for the use of an epinephrine 6 auto-injector delivery system is effective for the school year 7 for which it is granted and shall be renewed each subsequent 8 school year upon fulfillment of the requirements of this 9 section . However, the parent or guardian shall immediately 10 notify the school of any changes in the conditions listed under 11 subsection 2 . 12 5. Provided that the requirements of this section are 13 fulfilled, a student with respiratory distress, asthma, or 14 other airway constricting disease may possess and use the 15 student’s medication and a student with a written statement 16 from a licensed health care professional on file pursuant 17 to subsection 2 , paragraph “a” , may use a bronchodilator 18 canister, a bronchodilator canister and spacer, or an 19 epinephrine auto-injector delivery system while in school, at 20 school-sponsored activities, under the supervision of school 21 personnel, and before or after normal school activities, 22 such as while in before-school or after-school care on 23 school-operated property. If the student misuses this 24 privilege, the privilege may be withdrawn. A school district 25 or nonpublic school shall notify a student’s parent or guardian 26 before withdrawing the privilege to use a bronchodilator 27 canister, a bronchodilator canister and spacer, or an 28 epinephrine auto-injector delivery system . 29 6. Information provided to the school under subsection 2 30 shall be kept on file in the office of the school nurse or, in 31 the absence of a school nurse, the school’s administrator. 32 7. The Iowa school for the deaf and the institutions under 33 the control of the department of health and human services as 34 provided in section 218.1 are exempt from the provisions of 35 -9- HF 2676.3930.S (1) 91 mb 9/ 48
this section . 1 Sec. 14. Section 280.16A, Code 2026, is amended to read as 2 follows: 3 280.16A Epinephrine auto-injector delivery system , 4 bronchodilator canister, or bronchodilator canister and spacer 5 supply. 6 1. For purposes of this section , unless the context 7 otherwise requires: 8 a. “Bronchodilator” means the same as defined in section 9 280.16 . 10 b. “Bronchodilator canister” means the same as defined in 11 section 280.16 . 12 c. “Epinephrine auto-injector delivery system means the same 13 as provided in section 280.16 . 14 d. “Licensed health care professional” means the same as 15 provided in section 280.16 . 16 e. “Personnel authorized to administer epinephrine or a 17 bronchodilator” means a school nurse or other employee of a 18 school district or accredited nonpublic school trained and 19 authorized to administer an epinephrine auto-injector delivery 20 system , a bronchodilator canister, or a bronchodilator canister 21 and spacer. 22 f. “School nurse” means a registered nurse holding current 23 licensure recognized by the board of nursing who practices in 24 the school setting to promote and protect the health of the 25 school population by using knowledge from the nursing, social, 26 and public health sciences. 27 g. “Spacer” means the same as defined in section 280.16 . 28 2. Notwithstanding any other provision of law to the 29 contrary, a licensed health care professional may prescribe 30 epinephrine auto-injectors delivery systems , bronchodilator 31 canisters, and bronchodilator canisters and spacers in the 32 name of a school district or accredited nonpublic school to be 33 maintained for use as provided in this section . 34 3. The board of directors in charge of each school district 35 -10- HF 2676.3930.S (1) 91 mb 10/ 48
and the authorities in charge of each accredited nonpublic 1 school may obtain a prescription for epinephrine auto-injectors 2 delivery systems , bronchodilator canisters, and bronchodilator 3 canisters and spacers and maintain a supply of such epinephrine 4 auto-injectors delivery systems , bronchodilator canisters, 5 and bronchodilator canisters and spacers in a secure 6 location at each school for use as provided in this section . 7 The board and the authorities shall replace epinephrine 8 auto-injectors delivery systems , bronchodilator canisters, and 9 bronchodilator canisters and spacers in the supply upon use or 10 expiration. Personnel authorized to administer epinephrine 11 or a bronchodilator may possess and administer epinephrine 12 auto-injectors delivery systems , bronchodilator canisters, or 13 bronchodilator canisters and spacers, as applicable, from the 14 supply as provided in this section . 15 4. Personnel authorized to administer epinephrine or 16 a bronchodilator may provide or administer an epinephrine 17 auto-injector delivery system , a bronchodilator canister, or 18 a bronchodilator canister and spacer, as applicable, from 19 the school’s supply to a student or other individual if such 20 personnel reasonably and in good faith believe the student or 21 other individual is having an anaphylactic reaction or requires 22 treatment for respiratory distress, asthma, or other airway 23 constricting disease. 24 5. The following persons, provided they have acted 25 reasonably and in good faith, shall not be liable for 26 any injury arising from the provision, administration, 27 or assistance in the administration of an epinephrine 28 auto-injector delivery system , a bronchodilator canister, or a 29 bronchodilator canister and spacer as provided in this section : 30 a. Any personnel authorized to administer epinephrine or 31 a bronchodilator who, as applicable, provide, administer, or 32 assist in the administration of an epinephrine auto-injector 33 delivery system to a student or other individual present at the 34 school who such personnel believe to be having an anaphylactic 35 -11- HF 2676.3930.S (1) 91 mb 11/ 48
reaction or in the administration of a bronchodilator canister 1 or a bronchodilator canister and spacer to a student or other 2 individual present at the school who such personnel believe to 3 require treatment for respiratory distress, asthma, or other 4 airway constricting disease. 5 b. A school district or accredited nonpublic school 6 employing the personnel. 7 c. The board of directors in charge of the school district 8 or authorities in charge of the accredited nonpublic school. 9 d. The prescriber of the epinephrine auto-injector delivery 10 system , the bronchodilator canister, or the bronchodilator 11 canister and spacer. 12 6. The department of education, the board of medicine, 13 the board of nursing, and the board of pharmacy shall, in 14 consultation with an organization representing school nurses, 15 adopt rules pursuant to chapter 17A to implement and administer 16 this section , including but not limited to standards and 17 procedures for the prescription, distribution, storage, 18 disposal, replacement, and administration of epinephrine 19 auto-injectors delivery systems , bronchodilator canisters, 20 and bronchodilator canisters and spacers, and for training 21 and authorization to be required for personnel authorized to 22 administer epinephrine or a bronchodilator. 23 DIVISION VII 24 IVERMECTIN —— OVER-THE-COUNTER AVAILABILITY 25 Sec. 15. NEW SECTION . 126.24 Ivermectin —— prescription 26 drug order not required. 27 1. A pharmacist or pharmacy may distribute ivermectin for 28 human consumption as an over-the-counter medicine. 29 2. A pharmacist or pharmacy shall not be subject to 30 professional discipline or civil or criminal penalties for the 31 distribution of ivermectin pursuant to this section. 32 DIVISION VIII 33 STUDENT INSTRUCTIONAL TECHNOLOGY STANDARDS 34 Sec. 16. Section 256E.7, subsection 2, Code 2026, is amended 35 -12- HF 2676.3930.S (1) 91 mb 12/ 48
by adding the following new paragraph: 1 NEW PARAGRAPH . 0s. Be subject to and comply with 2 the requirements of section 279.89 relating to student 3 instructional technology standards in the same manner as a 4 school district. 5 Sec. 17. Section 256F.4, subsection 2, Code 2026, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . w. Be subject to and comply with 8 the requirements of section 279.89 relating to student 9 instructional technology standards in the same manner as a 10 school district. 11 Sec. 18. NEW SECTION . 279.89 Student instructional 12 technology standards. 13 1. As used in this section, unless the context otherwise 14 requires: 15 a. “Digital instruction” means lessons, assignments, 16 assessments, or instructional activities delivered through 17 instructional technology. 18 b. “Instructional technology” means a laptop, tablet, 19 computer, smart device, software platform, or other similar 20 device or platform used for student learning. 21 c. “One-to-one digital device program” means a program 22 through which a school district provides or assigns a digital 23 device to each student for instructional use. 24 2. a. For students enrolled in grades kindergarten through 25 five, digital instruction shall not exceed sixty minutes per 26 school day. 27 b. The following uses shall not count toward the daily 28 limit: 29 (1) Use required pursuant to an individualized education 30 program or a plan developed pursuant to section 504 of the 31 federal Rehabilitation Act of 1973. 32 (2) Assistive or adaptive technology used to provide a 33 student access to instruction or to accommodate differing 34 student abilities. 35 -13- HF 2676.3930.S (1) 91 mb 13/ 48
(3) Teacher-directed demonstrations using a projector, 1 smartboard, or similar display device when students are not 2 individually operating a digital device. 3 (4) State assessments, screening, progress monitoring, 4 and local diagnostic assessments that require the use of a 5 one-to-one digital device. 6 (5) Dedicated computer science and technology curriculum. 7 3. a. The board of directors of each school district shall 8 adopt a written technology use policy applicable to grades 9 kindergarten through five. 10 b. The policy shall include all of the following: 11 (1) The district’s daily digital instruction limits. 12 (2) Notice of a parent’s or guardian’s right to request 13 additional reductions in the parent’s or guardian’s child’s 14 digital instruction. 15 (3) A statement that instructional technology shall 16 support, and not supplant, foundational learning. 17 (4) A prohibition on the use of digital devices during 18 recess. 19 c. The policy shall be published on each elementary school’s 20 internet site. 21 4. a. Prior to adopting or renewing a one-to-one digital 22 device program for any grade level, the board of directors of a 23 school district shall complete a technology adoption checklist 24 that documents consideration of all of the following: 25 (1) The instructional purpose of the device. 26 (2) Age appropriateness of the device and associated 27 software. 28 (3) Content-filtering limitations and the district’s 29 capacity to mitigate those limitations. 30 (4) Whether student data is collected, stored, or shared, 31 and the nature of such data practices. 32 b. The checklist shall be retained by the board and made 33 available to the department of education upon request for audit 34 or compliance purposes. 35 -14- HF 2676.3930.S (1) 91 mb 14/ 48
5. This section shall not apply to students enrolled in an 1 online learning program operating pursuant to section 256.43. 2 6. This section does not limit the authority of a school 3 district or accredited nonpublic school under section 279.10, 4 subsection 1, regarding provision of instruction over the 5 internet to meet the minimum school calendar requirements. 6 Sec. 19. DEPARTMENT OF EDUCATION —— WORKING GROUP —— IMPACT 7 OF TECHNOLOGY ON COGNITIVE LEARNING. 8 1. The department of education, in collaboration with the 9 department of health and human services, shall convene and 10 provide administrative support to a working group that shall 11 examine research related to the impact of school-provided 12 technology on the cognitive function and academic performance 13 of students in grades six through twelve. For purposes of 14 this section, “school-provided technology” includes laptop 15 computers, online learning management systems, and classroom 16 slide show presentations. 17 2. The membership of the working group shall include but 18 not be limited to educators, mental health professionals, and 19 parents of school-age children. 20 3. Any expenses incurred by a member of the working group 21 shall be the responsibility of the individual member or the 22 respective entity represented by the member. 23 4. The working group shall submit its findings and 24 recommendations in a report to the general assembly by December 25 31, 2026. The report shall include recommendations on best 26 practices related to the use of school-provided technology in 27 educational contexts with a focus on ways to mitigate possible 28 negative impacts on the social and behavioral development, 29 attention span, mental concentration, and learning ability of 30 students in grades six through twelve. 31 DIVISION IX 32 PRESIDENTIAL PHYSICAL FITNESS TEST 33 Sec. 20. Section 256.11, subsection 3, paragraph a, 34 subparagraph (6), Code 2026, is amended to read as follows: 35 -15- HF 2676.3930.S (1) 91 mb 15/ 48
(6) Physical education. The physical education curriculum 1 shall include an assessment of the physical fitness of students 2 who are physically able using the presidential physical fitness 3 test. 4 Sec. 21. Section 256.11, subsection 4, paragraph a, 5 subparagraph (8), Code 2026, is amended to read as follows: 6 (8) Physical education. The physical education curriculum 7 shall include an assessment of the physical fitness of students 8 who are physically able using the presidential physical fitness 9 test. 10 Sec. 22. Section 256.11, subsection 5, paragraph g, Code 11 2026, is amended to read as follows: 12 g. (1) All students physically able shall be required 13 to participate in a minimum of one-eighth unit of physical 14 education activities during each semester they are enrolled in 15 school except as otherwise provided in this paragraph. The 16 physical education activities must satisfy all of the following 17 requirements: 18 (a) Emphasize leisure time activities which will benefit 19 the student outside the school environment and after graduation 20 from high school. 21 (b) Include an assessment of the physical fitness of 22 students who are physically able using the presidential 23 physical fitness test. 24 (2) (a) A student who meets the requirements of this 25 paragraph subparagraph shall be excused from the physical 26 education activities requirement under subparagraph (1) by the 27 principal of the school in which the student is enrolled if 28 the parent or guardian of the student requests in writing that 29 the student be excused from the physical education activities 30 requirement. A student who wishes to be excused from the 31 physical education activities requirement must be seeking to be 32 excused in order to enroll in academic courses not otherwise 33 available to the student, or be enrolled or participating in 34 any of the following: 35 -16- HF 2676.3930.S (1) 91 mb 16/ 48
(a) (i) A work-based learning program or other educational 1 program authorized by the school which requires the student to 2 leave the school premises for specified periods of time during 3 the school day. 4 (b) (ii) An activity that is sponsored by the school in 5 which the student is enrolled which requires at least as much 6 physical activity per week as one-eighth unit of physical 7 education activities . 8 (2) (b) The principal of the school shall inform the 9 superintendent of the school district or nonpublic school that 10 the student has been excused. Physical education activities 11 shall emphasize leisure time activities which will benefit the 12 student outside the school environment and after graduation 13 from high school. 14 (3) A student who is enrolled in a junior reserve officers’ 15 training corps shall not be required to participate in physical 16 education activities under subparagraph (1) or to meet the 17 physical activity requirements of subsection 6 , paragraph 18 “b” , subparagraph (2), but shall receive one-eighth unit of 19 physical education activities credit for each semester, or the 20 equivalent, of junior reserve officers’ training corps the 21 student completes. 22 Sec. 23. CONTINGENT EFFECTIVE DATE. This division of 23 this Act takes effect upon the issuance of final guidance for 24 administration of the presidential physical fitness test by the 25 federal government. The department of education shall inform 26 the Iowa Code editor upon the issuance of final guidance for 27 administration of the presidential physical fitness test by the 28 federal government. 29 DIVISION X 30 PSYCHOLOGY INTERJURISDICTIONAL COMPACT 31 Sec. 24. NEW SECTION . 147M.1 Psychology interjurisdictional 32 compact. 33 The psychology interjurisdictional compact is enacted into 34 law and entered into by this state with all states legally 35 -17- HF 2676.3930.S (1) 91 mb 17/ 48
joining in the compact in the form substantially as follows: 1 1. Article I —— Purpose. 2 a. The party states find that: 3 (1) States license psychologists, in order to protect 4 the public through verification of education, training, 5 and experience, and ensure accountability for professional 6 practice. 7 (2) This compact is intended to regulate the day-to-day 8 practice of telepsychology, in which psychological services are 9 provided using telecommunication technologies, by psychologists 10 across state boundaries in the performance of their 11 psychological practice as assigned by an appropriate authority. 12 (3) This compact is intended to regulate the temporary 13 in-person, face-to-face practice of psychology by psychologists 14 across state boundaries for thirty days within a calendar year 15 in the performance of their psychological practice as assigned 16 by an appropriate authority. 17 (4) This compact is intended to authorize state psychology 18 regulatory authorities to afford legal recognition, in a manner 19 consistent with the terms of the compact, to psychologists 20 licensed in another state. 21 (5) This compact recognizes that states have a vested 22 interest in protecting the public’s health and safety through 23 their licensing and regulation of psychologists and that such 24 state regulation will best protect public health and safety. 25 (6) This compact does not apply when a psychologist is 26 licensed in both the home and receiving states. 27 (7) This compact does not apply to permanent in-person, 28 face-to-face practice, but it does allow for authorization of 29 temporary psychological practice. 30 b. Consistent with these principles, this compact is 31 designed to achieve the following purposes and objectives: 32 (1) Increase public access to professional psychological 33 services by allowing for telepsychological practice across 34 state lines as well as temporary in-person, face-to-face 35 -18- HF 2676.3930.S (1) 91 mb 18/ 48
services into a state in which the psychologist is not licensed 1 to practice psychology. 2 (2) Enhance the states’ ability to protect the public’s 3 health and safety, especially client-patient safety. 4 (3) Encourage the cooperation of compact states in the areas 5 of psychology licensure and regulation. 6 (4) Facilitate the exchange of information between compact 7 states regarding psychologist licensure, adverse actions, and 8 disciplinary history. 9 (5) Promote compliance with the laws governing 10 psychological practice in each compact state. 11 (6) Invest all compact states with the authority to 12 hold licensed psychologists accountable through the mutual 13 recognition of compact state licenses. 14 2. Article II —— Definitions. 15 a. “Adverse action” means any action taken by a state 16 psychology regulatory authority which finds a violation 17 of a statute or regulation that is identified by the state 18 psychology regulatory authority as discipline and is a matter 19 of public record. 20 b. “Association of state and provincial psychology boards” 21 means the recognized membership organization composed of state 22 and provincial psychology regulatory authorities responsible 23 for the licensure and registration of psychologists throughout 24 the United States and Canada. 25 c. “Authority to practice interjurisdictional telepsychology” 26 means a licensed psychologist’s authority to practice 27 telepsychology, within the limits authorized under this 28 compact, in another compact state. 29 d. “Bylaws” means those bylaws established by the psychology 30 interjurisdictional compact commission pursuant to article 31 X for its governance, or for directing and controlling its 32 actions and conduct. 33 e. “Client-patient” means the recipient of psychological 34 services, whether psychological services are delivered in the 35 -19- HF 2676.3930.S (1) 91 mb 19/ 48
context of health care, corporate, supervision, or consulting 1 services. 2 f. “Commissioner” means the voting representative appointed 3 by each state psychology regulatory authority pursuant to 4 article X. 5 g. “Compact state” means a state, the District of Columbia, 6 or United States territory that has enacted this compact 7 legislation and which has not withdrawn pursuant to article 8 XIII, or been terminated pursuant to article XII. 9 h. “Confidentiality” means the principle that data or 10 information is not made available or disclosed to unauthorized 11 persons or processes. 12 i. “Coordinated licensure information system” or “coordinated 13 database” means an integrated process for collecting, storing, 14 and sharing information on psychologists’ licensure and 15 enforcement activities related to psychology licensure laws, 16 which is administered by the recognized membership organization 17 composed of state and provincial psychology regulatory 18 authorities. 19 j. “Day” means any part of a day in which psychological work 20 is performed. 21 k. “Distant state” means the compact state where a 22 psychologist is physically present, not through the use 23 of telecommunications technologies, to provide temporary 24 in-person, face-to-face psychological services. 25 l. “E.Passport” means a certificate issued by the 26 association of state and provincial psychology boards 27 that promotes the standardization in the criteria of 28 interjurisdictional telepsychology practice and facilitates the 29 process for licensed psychologists to provide telepsychological 30 services across state lines. 31 m. “Executive board” means a group of directors elected or 32 appointed to act on behalf of, and within the powers granted to 33 them by, the commission. 34 n. “Home state” means a compact state where a psychologist 35 -20- HF 2676.3930.S (1) 91 mb 20/ 48
is licensed to practice psychology. If the psychologist is 1 licensed in more than one compact state and is practicing 2 under the authorization to practice interjurisdictional 3 telepsychology, the home state is the compact state where the 4 psychologist is physically present when the telepsychological 5 services are delivered. If the psychologist is licensed 6 in more than one compact state and is practicing under the 7 temporary authorization to practice, the home state is any 8 compact state where the psychologist is licensed. 9 o. “Identity history summary” means a summary of information 10 retained by the federal bureau of investigation (FBI), or other 11 designee with similar authority, in connection with arrests 12 and, in some instances, federal employment, naturalization, or 13 military service. 14 p. “In-person, face-to-face” means interactions in which the 15 psychologist and the client-patient are in the same physical 16 space and which does not include interactions that may occur 17 through the use of telecommunication technologies. 18 q. “Interjurisdictional practice certificate” or “IPC” 19 means a certificate issued by the association of state and 20 provincial psychology boards that grants temporary authority 21 to practice based on notification to the state psychology 22 regulatory authority of intention to practice temporarily, and 23 verification of one’s qualifications for such practice. 24 r. “License” means authorization by a state psychology 25 regulatory authority to engage in the independent practice of 26 psychology, which would be unlawful without the authorization. 27 s. “Noncompact state” means any state which is not at the 28 time a compact state. 29 t. “Psychologist” means an individual licensed for the 30 independent practice of psychology. 31 u. “Psychology interjurisdictional compact commission” or 32 “commission” means the national administration of which all 33 compact states are members. 34 v. “Receiving state” means a compact state where the 35 -21- HF 2676.3930.S (1) 91 mb 21/ 48
client-patient is physically located when the telepsychological 1 services are delivered. 2 w. “Rule” means a written statement by the psychology 3 interjurisdictional compact commission promulgated pursuant 4 to article XI that is of general applicability, implements, 5 interprets, or prescribes a policy or provision of this 6 compact, or an organizational, procedural, or practice 7 requirement of the commission and has the force and effect of 8 statutory law in a compact state, and includes the amendment, 9 repeal, or suspension of an existing rule. 10 x. “Significant investigatory information” means any of the 11 following: 12 (1) Investigative information that a state psychology 13 regulatory authority, after a preliminary inquiry that includes 14 notification and an opportunity to respond if required by state 15 law, has reason to believe, if proven true, would indicate more 16 than a violation of state statute or ethics code that would be 17 considered more substantial than a minor infraction. 18 (2) Investigative information that indicates that the 19 psychologist represents an immediate threat to public health 20 and safety regardless of whether the psychologist has been 21 notified or had an opportunity to respond. 22 y. “State” means a state, commonwealth, territory, or 23 possession of the United States, or the District of Columbia. 24 z. “State psychology regulatory authority” means the board, 25 office, or other agency with the legislative mandate to license 26 and regulate the practice of psychology. 27 aa. “Telepsychology” means the provision of psychological 28 services using telecommunication technologies. 29 ab. “Temporary authorization to practice” means a licensed 30 psychologist’s authority to conduct temporary in-person, 31 face-to-face practice, within the limits authorized under this 32 compact, in another compact state. 33 ac. “Temporary in-person, face-to-face practice” means where 34 a psychologist is physically present, not through the use 35 -22- HF 2676.3930.S (1) 91 mb 22/ 48
of telecommunications technologies, in the distant state to 1 provide for the practice of psychology for thirty days within a 2 calendar year and based on notification to the distant state. 3 3. Article III —— Home state licensure. 4 a. The home state shall be a compact state where a 5 psychologist is licensed to practice psychology. 6 b. A psychologist may hold one or more compact state 7 licenses at a time. If the psychologist is licensed in more 8 than one compact state, the home state is the compact state 9 where the psychologist is physically present when the services 10 are delivered as authorized by the authority to practice 11 interjurisdictional telepsychology under the terms of this 12 compact. 13 c. Any compact state may require a psychologist not 14 previously licensed in a compact state to obtain and retain 15 a license to be authorized to practice in the compact state 16 under circumstances not authorized by the authority to practice 17 interjurisdictional telepsychology under the terms of this 18 compact. 19 d. Any compact state may require a psychologist to obtain 20 and retain a license to be authorized to practice in a 21 compact state under circumstances not authorized by temporary 22 authorization to practice under the terms of this compact. 23 e. A home state’s license authorizes a psychologist to 24 practice in a receiving state under the authority to practice 25 interjurisdictional telepsychology only if the compact state 26 meets all of the following requirements: 27 (1) Currently requires the psychologist to hold an active 28 E.Passport. 29 (2) Has a mechanism in place for receiving and investigating 30 complaints about licensed individuals. 31 (3) Notifies the commission, in compliance with the terms 32 herein, of any adverse action or significant investigatory 33 information regarding a licensed individual. 34 (4) Requires an identity history summary of all applicants 35 -23- HF 2676.3930.S (1) 91 mb 23/ 48
at initial licensure, including the use of the results of 1 fingerprints or other biometric data checks compliant with the 2 requirements of the federal bureau of investigation (FBI), or 3 other designee with similar authority, no later than ten years 4 after activation of the this compact. 5 (5) Complies with the bylaws and rules of the commission. 6 f. A home state’s license grants temporary authorization 7 to practice to a psychologist in a distant state only if the 8 compact state meets all of the following requirements: 9 (1) Currently requires the psychologist to hold an active 10 IPC. 11 (2) Has a mechanism in place for receiving and investigating 12 complaints about licensed individuals. 13 (3) Notifies the commission, in compliance with the terms 14 herein, of any adverse action or significant investigatory 15 information regarding a licensed individual. 16 (4) Requires an identity history summary of all applicants 17 at initial licensure, including the use of the results of 18 fingerprints or other biometric data checks compliant with the 19 requirements of the federal bureau of investigation (FBI), or 20 other designee with similar authority, no later than ten years 21 after activation of this compact. 22 (5) Complies with the bylaws and rules of the commission. 23 4. Article IV —— Compact privilege to practice 24 telepsychology. 25 a. Compact states shall recognize the right of a 26 psychologist, licensed in a compact state in conformance with 27 article III, to practice telepsychology in receiving states in 28 which the psychologist is not licensed, under the authority to 29 practice interjurisdictional telepsychology as provided in this 30 compact. 31 b. To exercise the authority to practice interjurisdictional 32 telepsychology under the terms and provisions of this compact, 33 a psychologist licensed to practice in a compact state shall 34 meet all of the following requirements: 35 -24- HF 2676.3930.S (1) 91 mb 24/ 48
(1) Hold a graduate degree in psychology from an institution 1 of higher education that was either of the following, at the 2 time the degree was awarded: 3 (a) Regionally accredited by an accrediting body recognized 4 by the United States department of education to grant graduate 5 degrees, or authorized by provincial statute or royal charter 6 to grant doctoral degrees. 7 (b) A foreign college or university deemed to be equivalent 8 to subparagraph (1), subparagraph division (a), by a foreign 9 credential evaluation service that is a member of the national 10 association of credential evaluation services or by a 11 recognized foreign credential evaluation service. 12 (2) Hold a graduate degree in psychology that meets all of 13 the following criteria: 14 (a) The program, wherever it may be administratively 15 housed, must be clearly identified and labeled as a 16 psychology program. Such a program must specify in pertinent 17 institutional catalogues and brochures its intent to educate 18 and train professional psychologists. 19 (b) The psychology program must stand as a recognizable, 20 coherent, organizational entity within the institution. 21 (c) There must be a clear authority and primary 22 responsibility for the core and specialty areas whether or not 23 the program cuts across administrative lines. 24 (d) The program must consist of an integrated, organized 25 sequence of study. 26 (e) There must be an identifiable psychology 27 faculty sufficient in size and breadth to carry out its 28 responsibilities. 29 (f) The designated director of the program must be a 30 psychologist and a member of the core faculty. 31 (g) The program must have an identifiable body of students 32 who are matriculated in that program for a degree. 33 (h) The program must include supervised practicum, 34 internship, or field training appropriate to the practice of 35 -25- HF 2676.3930.S (1) 91 mb 25/ 48
psychology. 1 (i) The curriculum shall encompass a minimum of three 2 academic years of full-time graduate study for doctoral degrees 3 and a minimum of one academic year of full-time graduate study 4 for master’s degrees. 5 (j) The program includes an acceptable residency as defined 6 by the rules of the commission. 7 (3) Possess a current, full, and unrestricted license to 8 practice psychology in a home state which is a compact state. 9 (4) Have no history of adverse action that violates the 10 rules of the commission. 11 (5) Have no criminal record history reported on an identity 12 history summary that violates the rules of the commission. 13 (6) Possess a current, active E.Passport. 14 (7) Provide attestations in regard to areas of intended 15 practice, conformity with standards of practice, competence in 16 telepsychology technology; criminal background; and knowledge 17 and adherence to legal requirements in the home and receiving 18 states, and provide a release of information to allow for 19 primary source verification in a manner specified by the 20 commission. 21 (8) Meet other criteria as defined by the rules of the 22 commission. 23 c. The home state maintains authority over the license of 24 any psychologist practicing into a receiving state under the 25 authority to practice interjurisdictional telepsychology. 26 d. A psychologist practicing into a receiving state under 27 the authority to practice interjurisdictional telepsychology 28 shall be subject to the receiving state’s scope of practice. 29 A receiving state may, in accordance with that state’s due 30 process law, limit or revoke a psychologist’s authority to 31 practice interjurisdictional telepsychology in the receiving 32 state and may take any other necessary actions under the 33 receiving state’s applicable law to protect the health and 34 safety of the receiving state’s citizens. If a receiving state 35 -26- HF 2676.3930.S (1) 91 mb 26/ 48
takes action, the state shall promptly notify the home state 1 and the commission. 2 e. If a psychologist’s license in any home state or another 3 compact state, or any authority to practice interjurisdictional 4 telepsychology in any receiving state, is restricted, 5 suspended, or otherwise limited, the E.Passport shall be 6 revoked and the psychologist shall not be eligible to practice 7 telepsychology in a compact state under the authority to 8 practice interjurisdictional telepsychology. 9 5. Article V —— Compact temporary authorization to practice. 10 a. Compact states shall also recognize the right of a 11 psychologist, licensed in a compact state in conformance with 12 article III, to practice temporarily in distant states in which 13 the psychologist is not licensed, as provided in this compact. 14 b. To exercise the temporary authorization to practice 15 under the terms and provisions of this compact, a psychologist 16 licensed to practice in a compact state shall meet all of the 17 following requirements: 18 (1) Hold a graduate degree in psychology from an institution 19 of higher education that was either of the following, at the 20 time the degree was awarded: 21 (a) Regionally accredited by an accrediting body recognized 22 by the United States department of education to grant graduate 23 degrees, or authorized by provincial statute or royal charter 24 to grant doctoral degrees. 25 (b) A foreign college or university deemed to be equivalent 26 to subparagraph (1), subparagraph division (a), by a foreign 27 credential evaluation service that is a member of the national 28 association of credential evaluation services or by a 29 recognized foreign credential evaluation service. 30 (2) Hold a graduate degree in psychology that meets all of 31 the following criteria: 32 (a) The program, wherever it may be administratively 33 housed, must be clearly identified and labeled as a 34 psychology program. Such a program must specify in pertinent 35 -27- HF 2676.3930.S (1) 91 mb 27/ 48
institutional catalogues and brochures its intent to educate 1 and train professional psychologists. 2 (b) The psychology program must stand as a recognizable, 3 coherent, organizational entity within the institution. 4 (c) There must be a clear authority and primary 5 responsibility for the core and specialty areas whether or not 6 the program cuts across administrative lines. 7 (d) The program must consist of an integrated, organized 8 sequence of study. 9 (e) There must be an identifiable psychology 10 faculty sufficient in size and breadth to carry out its 11 responsibilities. 12 (f) The designated director of the program must be a 13 psychologist and a member of the core faculty. 14 (g) The program must have an identifiable body of students 15 who are matriculated in that program for a degree. 16 (h) The program must include supervised practicum, 17 internship, or field training appropriate to the practice of 18 psychology. 19 (i) The curriculum shall encompass a minimum of three 20 academic years of full-time graduate study for doctoral degrees 21 and a minimum of one academic year of full-time graduate study 22 for master’s degrees. 23 (j) The program includes an acceptable residency as defined 24 by the rules of the commission. 25 (3) Possess a current, full, and unrestricted license to 26 practice psychology in a home state which is a compact state. 27 (4) Have no history of adverse action that violates the 28 rules of the commission. 29 (5) Have no criminal record history that violates the rules 30 of the commission. 31 (6) Possess a current, active IPC. 32 (7) Provide attestations in regard to areas of intended 33 practice and work experience and provide a release of 34 information to allow for primary source verification in a 35 -28- HF 2676.3930.S (1) 91 mb 28/ 48
manner specified by the commission. 1 (8) Meet other criteria as defined by the rules of the 2 commission. 3 c. A psychologist practicing into a distant state under the 4 temporary authorization to practice shall practice within the 5 scope of practice authorized by the distant state. 6 d. A psychologist practicing into a distant state under the 7 temporary authorization to practice shall be subject to the 8 distant state’s authority and law. A distant state may, in 9 accordance with that state’s due process law, limit or revoke 10 a psychologist’s temporary authorization to practice in the 11 distant state and may take any other necessary actions under 12 the distant state’s applicable law to protect the health and 13 safety of the distant state’s citizens. If a distant state 14 takes action, the state shall promptly notify the home state 15 and the commission. 16 e. If a psychologist’s license in any home state, another 17 compact state, or any temporary authorization to practice in 18 any distant state, is restricted, suspended, or otherwise 19 limited, the IPC shall be revoked and the psychologist shall 20 not be eligible to practice in a compact state under the 21 temporary authorization to practice. 22 6. Article VI —— Conditions of telepsychology practice in a 23 receiving state. A psychologist may practice in a receiving 24 state under the authority to practice interjurisdictional 25 telepsychology only in the performance of the scope of 26 practice for psychology as assigned by an appropriate state 27 psychology regulatory authority, as defined in the rules of the 28 commission, and under the following circumstances: 29 a. The psychologist initiates a client-patient contact 30 in a home state via telecommunications technologies with a 31 client-patient in a receiving state. 32 b. Other conditions regarding telepsychology as determined 33 by rules promulgated by the commission. 34 7. Article VII —— Adverse actions. 35 -29- HF 2676.3930.S (1) 91 mb 29/ 48
a. A home state shall have the power to impose adverse 1 action against a psychologist’s license issued by the home 2 state. A distant state shall have the power to take adverse 3 action on a psychologist’s temporary authorization to practice 4 within that distant state. 5 b. A receiving state may take adverse action on a 6 psychologist’s authority to practice interjurisdictional 7 telepsychology within that receiving state. A home state may 8 take adverse action against a psychologist based on an adverse 9 action taken by a distant state regarding temporary in-person, 10 face-to-face practice. 11 c. If a home state takes adverse action against a 12 psychologist’s license, that psychologist’s authority to 13 practice interjurisdictional telepsychology is terminated and 14 the E.Passport is revoked. Furthermore, that psychologist’s 15 temporary authorization to practice is terminated and the IPC 16 is revoked. 17 (1) All home state disciplinary orders which impose adverse 18 action shall be reported to the commission in accordance with 19 the rules promulgated by the commission. A compact state shall 20 report adverse actions in accordance with the rules of the 21 commission. 22 (2) In the event discipline is reported on a psychologist, 23 the psychologist shall not be eligible for telepsychology or 24 temporary in-person, face-to-face practice in accordance with 25 the rules of the commission. 26 (3) Other actions may be imposed as determined by the rules 27 promulgated by the commission. 28 d. A home state’s psychology regulatory authority shall 29 investigate and take appropriate action with respect to 30 reported inappropriate conduct engaged in by a licensee which 31 occurred in a receiving state as it would if such conduct had 32 occurred by a licensee within the home state. In such cases, 33 the home state’s law shall control in determining any adverse 34 action against a psychologist’s license. 35 -30- HF 2676.3930.S (1) 91 mb 30/ 48
e. A distant state’s psychology regulatory authority 1 shall investigate and take appropriate action with respect to 2 reported inappropriate conduct engaged in by a psychologist 3 practicing under temporary authorization to practice which 4 occurred in that distant state as it would if such conduct 5 had occurred by a licensee within the home state. In such 6 cases, the distant state’s law shall control in determining any 7 adverse action against a psychologist’s temporary authorization 8 to practice. 9 f. Nothing in this compact shall override a compact state’s 10 decision that a psychologist’s participation in an alternative 11 program may be used in lieu of adverse action and that such 12 participation shall remain nonpublic if required by the compact 13 state’s law. Compact states shall require psychologists who 14 enter any alternative programs to not provide telepsychology 15 services under the authority to practice interjurisdictional 16 telepsychology or provide temporary psychological services 17 under the temporary authorization to practice in any other 18 compact state during the term of the alternative program. 19 g. No other judicial or administrative remedies shall 20 be available to a psychologist in the event a compact state 21 imposes an adverse action pursuant to paragraph “c” . 22 8. Article VIII —— Additional authorities invested in a 23 compact state’s psychology regulatory authority. In addition 24 to any other powers granted under state law, a compact state’s 25 psychology regulatory authority shall have the authority under 26 this compact to do all of the following: 27 a. Issue subpoenas, for both hearings and investigations, 28 which require the attendance and testimony of witnesses and 29 the production of evidence. Subpoenas issued by a compact 30 state’s psychology regulatory authority for the attendance 31 and testimony of witnesses or the production of evidence from 32 another compact state shall be enforced in the latter state by 33 any court of competent jurisdiction, according to that court’s 34 practice and procedure in considering subpoenas issued in its 35 -31- HF 2676.3930.S (1) 91 mb 31/ 48
own proceedings. The issuing state psychology regulatory 1 authority shall pay any witness fees, travel expenses, mileage, 2 and other fees required by the service statutes of the state 3 where the witnesses or evidence are located. 4 b. Issue cease and desist or injunctive relief 5 orders to revoke a psychologist’s authority to practice 6 interjurisdictional telepsychology or temporary authorization 7 to practice. 8 c. During the course of any investigation, a psychologist 9 may not change the psychologist’s home state licensure. A 10 home state psychology regulatory authority is authorized to 11 complete any pending investigations of a psychologist and 12 to take any actions appropriate under its law. The home 13 state psychology regulatory authority shall promptly report 14 the conclusions of such investigations to the commission. 15 Once an investigation has been completed, and pending the 16 outcome of said investigation, the psychologist may change the 17 psychologist’s home state licensure. The commission shall 18 promptly notify the new home state of any such decisions as 19 provided in the rules of the commission. All information 20 provided to the commission or distributed by compact states 21 pursuant to the psychologist shall be confidential, filed under 22 seal, and used for investigatory or disciplinary matters. 23 The commission may create additional rules for mandated or 24 discretionary sharing of information by compact states. 25 9. Article IX —— Coordinated licensure information system. 26 a. The commission shall provide for the development and 27 maintenance of a coordinated licensure information system and 28 reporting system containing licensure and disciplinary action 29 information on all psychologists individuals to whom this 30 compact is applicable in all compact states as defined by the 31 rules of the commission. 32 b. Notwithstanding any other provision of state law to the 33 contrary, a compact state shall submit a uniform data set to 34 the coordinated database on all licensees as required by the 35 -32- HF 2676.3930.S (1) 91 mb 32/ 48
rules of the commission, including all of the following: 1 (1) Identifying information. 2 (2) Licensure data. 3 (3) Significant investigatory information. 4 (4) Adverse actions against a psychologist’s license. 5 (5) An indicator that a psychologist’s authority to 6 practice interjurisdictional telepsychology or temporary 7 authorization to practice is revoked. 8 (6) Nonconfidential information related to alternative 9 program participation information. 10 (7) Any denial of application for licensure, and the reasons 11 for such denial. 12 (8) Other information which may facilitate the 13 administration of this compact, as determined by the rules of 14 the commission. 15 c. The coordinated database administrator shall promptly 16 notify all compact states of any adverse action taken against, 17 or significant investigative information on, any licensee in a 18 compact state. 19 d. Compact states reporting information to the coordinated 20 database may designate information that may not be shared with 21 the public without the express permission of the compact state 22 reporting the information. 23 e. Any information submitted to the coordinated database 24 that is subsequently required to be expunged by the law of the 25 compact state reporting the information shall be removed from 26 the coordinated database. 27 10. Article X —— Establishment of the psychology 28 interjurisdictional compact commission. 29 a. The compact states hereby create and establish a joint 30 public agency known as the psychology interjurisdictional 31 compact commission. 32 (1) The commission is a body politic and an instrumentality 33 of the compact states. 34 (2) Venue is proper and judicial proceedings by or against 35 -33- HF 2676.3930.S (1) 91 mb 33/ 48
the commission shall be brought solely and exclusively in a 1 court of competent jurisdiction where the principal office of 2 the commission is located. The commission may waive venue and 3 jurisdictional defenses to the extent it adopts or consents to 4 participate in alternative dispute resolution proceedings. 5 (3) Nothing in this compact shall be construed to be a 6 waiver of sovereign immunity. 7 b. Membership, voting, and meetings. 8 (1) The commission shall consist of one voting 9 representative appointed by each compact state who shall serve 10 as that state’s commissioner. The state psychology regulatory 11 authority shall appoint its delegate. This delegate shall be 12 empowered to act on behalf of the compact state. This delegate 13 shall be limited to one of the following: 14 (a) The executive director, executive secretary, or similar 15 executive. 16 (b) A current member of the state psychology regulatory 17 authority of a compact state. 18 (c) A designee empowered with the appropriate delegate 19 authority to act on behalf of the compact state. 20 (2) Any commissioner may be removed or suspended from office 21 as provided by the law of the state from which the commissioner 22 is appointed. Any vacancy occurring in the commission shall 23 be filled in accordance with the laws of the compact state in 24 which the vacancy exists. 25 (3) Each commissioner shall be entitled to one vote with 26 regard to the promulgation of rules and creation of bylaws 27 and shall otherwise have an opportunity to participate in 28 the business and affairs of the commission. A commissioner 29 shall vote in person or by such other means as provided 30 in the bylaws. The bylaws may provide for commissioners’ 31 participation in meetings by telephone or other means of 32 communication. 33 (4) The commission shall meet at least once during each 34 calendar year. Additional meetings shall be held as set forth 35 -34- HF 2676.3930.S (1) 91 mb 34/ 48
in the bylaws. 1 (5) All meetings shall be open to the public, and public 2 notice of meetings shall be given in the same manner as 3 required under the rulemaking provisions in article XI. 4 (6) The commission may convene in a closed, nonpublic 5 meeting if the commission must discuss any of the following: 6 (a) Noncompliance of a compact state with its obligations 7 under this compact. 8 (b) The employment, compensation, discipline, or other 9 personnel matters, practices, or procedures related to specific 10 employees or other matters related to the commission’s internal 11 personnel practices and procedures. 12 (c) Current, threatened, or reasonably anticipated 13 litigation against the commission. 14 (d) Negotiation of contracts for the purchase or sale of 15 goods, services, or real estate. 16 (e) Accusation against any person of a crime or formal 17 censure of any person. 18 (f) Disclosure of trade secrets or commercial or financial 19 information which is privileged or confidential. 20 (g) Disclosure of information of a personal nature where 21 disclosure would constitute a clearly unwarranted invasion of 22 personal privacy. 23 (h) Disclosure of investigatory records compiled for law 24 enforcement purposes. 25 (i) Disclosure of information related to any investigatory 26 reports prepared by or on behalf of or for use of the 27 commission or other committee charged with responsibility for 28 investigation or determination of compliance issues pursuant 29 to the compact. 30 (j) Matters specifically exempted from disclosure by 31 federal and state statute. 32 (7) If a meeting, or portion of a meeting, is closed 33 pursuant to subparagraph (6), the commission’s legal counsel or 34 designee shall certify that the meeting may be closed and shall 35 -35- HF 2676.3930.S (1) 91 mb 35/ 48
reference each relevant exempting provision. The commission 1 shall keep minutes which fully and clearly describe all matters 2 discussed in a meeting and shall provide a full and accurate 3 summary of actions taken, of any person participating in the 4 meeting, and the reasons therefore, including a description of 5 the views expressed. All documents considered in connection 6 with an action shall be identified in such minutes. All 7 minutes and documents of a closed meeting shall remain under 8 seal, subject to release only by a majority vote of the 9 commission or order of a court of competent jurisdiction. 10 c. The commission shall, by a majority vote of the 11 commissioners, prescribe bylaws or rules to govern its conduct 12 as may be necessary or appropriate to carry out the purposes 13 and exercise the powers of this compact, including but not 14 limited to or providing for all of the following: 15 (1) Establishing the fiscal year of the commission. 16 (2) Providing reasonable standards and procedures for all 17 of the following: 18 (a) The establishment and meetings of other committees. 19 (b) Governing any general or specific delegation of any 20 authority or function of the commission. 21 (3) Providing reasonable procedures for calling and 22 conducting meetings of the commission, ensuring reasonable 23 advance notice of all meetings and providing an opportunity 24 for attendance of such meetings by interested parties, 25 with enumerated exceptions designed to protect the public’s 26 interest, the privacy of individuals of such proceedings, 27 and proprietary information, including trade secrets. The 28 commission may meet in closed session only after a majority 29 of the commissioners vote to close a meeting to the public in 30 whole or in part. As soon as practicable, the commission shall 31 make public a copy of the vote to close the meeting revealing 32 the vote of each commissioner with no proxy votes allowed. 33 (4) Establishing the titles, duties, and authority and 34 reasonable procedures for the election of the officers of the 35 -36- HF 2676.3930.S (1) 91 mb 36/ 48
commission. 1 (5) Providing reasonable standards and procedures for the 2 establishment of the personnel policies and programs of the 3 commission. Notwithstanding any civil service or other similar 4 law of any compact state, the bylaws shall exclusively govern 5 the personnel policies and programs of the commission. 6 (6) Promulgating a code of ethics to address permissible and 7 prohibited activities of commission members and employees. 8 (7) Providing a mechanism for concluding the operations of 9 the commission and the equitable disposition of any surplus 10 funds that may exist after the termination of the compact after 11 the payment or reserving of all of its debts and obligations. 12 (8) The commission shall publish its bylaws in a convenient 13 form and file a copy thereof and a copy of any amendment 14 thereto, with the appropriate agency or officer in each of the 15 compact states. 16 (9) The commission shall maintain its financial records in 17 accordance with the bylaws. 18 (10) The commission shall meet and take such actions as are 19 consistent with the provisions of this compact and the bylaws. 20 d. The commission shall have all of the following powers: 21 (1) The authority to promulgate uniform rules to facilitate 22 and coordinate implementation and administration of this 23 compact. The rules shall have the force and effect of law and 24 shall be binding in all compact states. 25 (2) To bring and prosecute legal proceedings or actions in 26 the name of the commission, provided that the standing of any 27 state psychology regulatory authority or other regulatory body 28 responsible for psychology licensure to sue or be sued under 29 applicable law shall not be affected. 30 (3) To purchase and maintain insurance and bonds. 31 (4) To borrow, accept, or contract for services of 32 personnel, including but not limited to employees of a compact 33 state. 34 (5) To hire employees, elect or appoint officers, fix 35 -37- HF 2676.3930.S (1) 91 mb 37/ 48
compensation, define duties, grant such individuals appropriate 1 authority to carry out the purposes of the compact, and to 2 establish the commission’s personnel policies and programs 3 relating to conflicts of interest, qualifications of personnel, 4 and other related personnel matters. 5 (6) To accept any and all appropriate donations and grants 6 of money, equipment, supplies, materials and services, and to 7 receive, utilize, and dispose of the same; provided that at all 8 times the commission shall strive to avoid any appearance of 9 impropriety or conflict of interest. 10 (7) To lease, purchase, accept appropriate gifts or 11 donations of, or otherwise to own, hold, improve, or use, 12 any property, real, personal, or mixed; provided that at all 13 times the commission shall strive to avoid any appearance of 14 impropriety. 15 (8) To sell, convey, mortgage, pledge, lease, exchange, 16 abandon, or otherwise dispose of any property real, personal, 17 or mixed. 18 (9) To establish a budget and make expenditures. 19 (10) To borrow money. 20 (11) To appoint committees, including advisory committees 21 comprised of members, state regulators, state legislators or 22 their representatives, and consumer representatives, and such 23 other interested persons as may be designated in this compact 24 and the bylaws. 25 (12) To provide and receive information from, and to 26 cooperate with, law enforcement agencies. 27 (13) To adopt and use an official seal. 28 (14) To perform such other functions as may be necessary or 29 appropriate to achieve the purposes of this compact consistent 30 with the state regulation of psychology licensure, temporary 31 in-person, face-to-face practice, and telepsychology practice. 32 e. The executive board. 33 (1) The elected officers shall serve as the executive board, 34 which shall have the power to act on behalf of the commission 35 -38- HF 2676.3930.S (1) 91 mb 38/ 48
according to the terms of this compact. 1 (2) The executive board shall be comprised of the following 2 six members: 3 (a) Five voting members who are elected from the current 4 membership of the commission by the commission. 5 (b) One ex officio, nonvoting member from the recognized 6 membership organization composed of state and provincial 7 psychology regulatory authorities. 8 (3) The ex officio member must have served as staff or 9 member on a state psychology regulatory authority and shall be 10 selected by its respective organization. 11 (4) The commission may remove any member of the executive 12 board as provided in the bylaws. 13 (5) The executive board shall meet at least annually. 14 (6) The executive board shall have all of the following 15 duties and responsibilities: 16 (a) Recommend to the entire commission changes to the rules 17 or bylaws, changes to this compact legislation, fees paid by 18 compact states such as annual dues, and any other applicable 19 fees. 20 (b) Ensure compact administration services are 21 appropriately provided, contractual or otherwise. 22 (c) Prepare and recommend the budget. 23 (d) Maintain financial records on behalf of the commission. 24 (e) Monitor compact compliance of member states and provide 25 compliance reports to the commission. 26 (f) Establish additional committees as necessary. 27 (g) Other duties as provided in the rules or bylaws. 28 f. Financing of the commission. 29 (1) The commission shall pay, or provide for the payment of, 30 the reasonable expenses of its establishment, organization, and 31 ongoing activities. 32 (2) The commission may accept any and all appropriate 33 revenue sources, donations and grants of money, equipment, 34 supplies, materials, and services. 35 -39- HF 2676.3930.S (1) 91 mb 39/ 48
(3) The commission may levy on and collect an annual 1 assessment from each compact state or impose fees on other 2 parties to cover the cost of the operations and activities of 3 the commission and its staff which must be in a total amount 4 sufficient to cover its annual budget as approved each year 5 for which revenue is not provided by other sources. The 6 aggregate annual assessment amount shall be allocated based 7 upon a formula to be determined by the commission which shall 8 promulgate a rule binding upon all compact states. 9 (4) The commission shall not incur obligations of any kind 10 prior to securing the funds adequate to meet the same; nor 11 shall the commission pledge the credit of any of the compact 12 states, except by and with the authority of the compact state. 13 (5) The commission shall keep accurate accounts of all 14 receipts and disbursements. The receipts and disbursements of 15 the commission shall be subject to the audit and accounting 16 procedures established under its bylaws. However, all receipts 17 and disbursements of funds handled by the commission shall be 18 audited yearly by a certified or licensed public accountant and 19 the report of the audit shall be included in and become part of 20 the annual report of the commission. 21 g. Qualified immunity, defense, and indemnification. 22 (1) The members, officers, executive director, employees, 23 and representatives of the commission shall be immune from suit 24 and liability, either personally or in their official capacity, 25 for any claim for damage to or loss of property or personal 26 injury or other civil liability caused by or arising out of any 27 actual or alleged act, error, or omission that occurred, or 28 that the person against whom the claim is made had a reasonable 29 basis for believing occurred within the scope of commission 30 employment, duties, or responsibilities; provided that nothing 31 in this subparagraph shall be construed to protect any such 32 person from suit or liability for any damage, loss, injury, 33 or liability caused by the intentional or willful or wanton 34 misconduct of that person. 35 -40- HF 2676.3930.S (1) 91 mb 40/ 48
(2) The commission shall defend any member, officer, 1 executive director, employee, or representative of the 2 commission in any civil action seeking to impose liability 3 arising out of any actual or alleged act, error, or omission 4 that occurred within the scope of commission employment, 5 duties, or responsibilities, or that the person against 6 whom the claim is made had a reasonable basis for believing 7 occurred within the scope of commission employment, duties, or 8 responsibilities; provided that nothing in this subparagraph 9 shall be construed to prohibit that person from retaining the 10 person’s own counsel; and provided further, that the actual 11 or alleged act, error, or omission did not result from that 12 person’s intentional or willful or wanton misconduct. 13 (3) The commission shall indemnify and hold harmless 14 any member, officer, executive director, employee, or 15 representative of the commission for the amount of any 16 settlement or judgment obtained against that person arising 17 out of any actual or alleged act, error, or omission that 18 occurred within the scope of commission employment, duties, 19 or responsibilities, or that such person had a reasonable 20 basis for believing occurred within the scope of commission 21 employment, duties, or responsibilities, provided that the 22 actual or alleged act, error, or omission did not result from 23 the intentional or willful or wanton misconduct of that person. 24 11. Article XI —— Rulemaking. 25 a. The commission shall exercise its rulemaking powers 26 pursuant to the criteria set forth in this article XI and the 27 rules adopted under this article XI. Rules and amendments 28 shall become binding as of the date specified in each rule or 29 amendment. 30 b. If a majority of the legislatures of the compact states 31 rejects a rule, by enactment of a statute or resolution in the 32 same manner used to adopt this compact, then such rule shall 33 have no further force and effect in any compact state. 34 c. Rules or amendments to the rules shall be adopted at a 35 -41- HF 2676.3930.S (1) 91 mb 41/ 48
regular or special meeting of the commission. 1 d. Prior to promulgation and adoption of a final rule or 2 rules by the commission, and at least sixty days in advance 3 of the meeting at which the rule will be considered and voted 4 upon, the commission shall file a notice of proposed rulemaking 5 on both of the following: 6 (1) On the internet site of the commission. 7 (2) On the internet site of each compact state’s psychology 8 regulatory authority or the publication in which each state 9 would otherwise publish proposed rules. 10 e. The notice of proposed rulemaking shall include all of 11 the following: 12 (1) The proposed time, date, and location of the meeting in 13 which the rule will be considered and voted upon. 14 (2) The text of the proposed rule or amendment and the 15 reason for the proposed rule. 16 (3) A request for comments on the proposed rule from any 17 interested person. 18 (4) The manner in which interested persons may submit notice 19 to the commission of their intention to attend the public 20 hearing and any written comments. 21 f. Prior to adoption of a proposed rule, the commission 22 shall allow persons to submit written data, facts, opinions, 23 and arguments, which shall be made available to the public. 24 g. The commission shall grant an opportunity for a public 25 hearing before it adopts a rule or amendment if a hearing is 26 requested by any of the following: 27 (1) At least twenty-five persons who submit comments 28 independently of each other. 29 (2) A governmental subdivision or agency. 30 (3) A duly appointed person in an association that has at 31 least twenty-five members. 32 h. If a hearing is held on the proposed rule or amendment, 33 the commission shall publish the place, time, and date of the 34 scheduled public hearing. 35 -42- HF 2676.3930.S (1) 91 mb 42/ 48
(1) All persons wishing to be heard at the hearing shall 1 notify the executive director of the commission or other 2 designated member in writing of their desire to appear and 3 testify at the hearing not less than five business days before 4 the scheduled date of the hearing. 5 (2) Hearings shall be conducted in a manner providing each 6 person who wishes to comment a fair and reasonable opportunity 7 to comment orally or in writing. 8 (3) No transcript of the hearing is required, unless 9 a written request for a transcript is made, in which case 10 the person requesting the transcript shall bear the cost of 11 producing the transcript. A recording may be made in lieu of a 12 transcript under the same terms and conditions as a transcript. 13 This subparagraph shall not preclude the commission from making 14 a transcript or recording of the hearing if it so chooses. 15 (4) Nothing in this article shall be construed as requiring 16 a separate hearing on each rule. Rules may be grouped for the 17 convenience of the commission at hearings required by this 18 article. 19 i. Following the scheduled hearing date, or by the close 20 of business on the scheduled hearing date if the hearing was 21 not held, the commission shall consider all written and oral 22 comments received. 23 j. The commission shall, by majority vote of all members, 24 take final action on the proposed rule and shall determine the 25 effective date of the rule, if any, based on the rulemaking 26 record and the full text of the rule. 27 k. If no written notice of intent to attend the public 28 hearing by interested parties is received, the commission may 29 proceed with promulgation of the proposed rule without a public 30 hearing. 31 l. Upon determination that an emergency exists, the 32 commission may consider and adopt an emergency rule without 33 prior notice, opportunity for comment, or hearing, provided 34 that the usual rulemaking procedures provided in this compact 35 -43- HF 2676.3930.S (1) 91 mb 43/ 48
and in this article shall be retroactively applied to the rule 1 as soon as reasonably possible, in no event later than ninety 2 days after the effective date of the rule. For the purposes of 3 this paragraph, an emergency rule is one that must be adopted 4 immediately in order to address any of the following: 5 (1) Meet an imminent threat to public health, safety, or 6 welfare. 7 (2) Prevent a loss of commission or compact state funds. 8 (3) Meet a deadline for the promulgation of an 9 administrative rule that is established by federal law or rule. 10 (4) Protect public health and safety. 11 m. The commission or an authorized committee of the 12 commission may direct revisions to a previously adopted rule 13 or amendment for purposes of correcting typographical errors, 14 errors in format, errors in consistency, or grammatical errors. 15 Public notice of any revisions shall be posted on the website 16 of the commission. The revision shall be subject to challenge 17 by any person for a period of thirty days after posting. The 18 revision may be challenged only on grounds that the revision 19 results in a material change to a rule. A challenge shall be 20 made in writing, and delivered to the chair of the commission 21 prior to the end of the notice period. If no challenge is 22 made, the revision will take effect without further action. If 23 the revision is challenged, the revision shall not take effect 24 without the approval of the commission. 25 12. Article XII —— Oversight, dispute resolution, and 26 enforcement. 27 a. Oversight. 28 (1) The executive, legislative, and judicial branches 29 of state government in each compact state shall enforce this 30 compact and take all actions necessary and appropriate to 31 effectuate this compact’s purposes and intent. The provisions 32 of this compact and the rules promulgated under this compact 33 shall have standing as statutory law. 34 (2) All courts shall take judicial notice of this compact 35 -44- HF 2676.3930.S (1) 91 mb 44/ 48
and the rules in any judicial or administrative proceeding in a 1 compact state pertaining to the subject matter of this compact 2 which may affect the powers, responsibilities, or actions of 3 the commission. 4 (3) The commission shall be entitled to receive service 5 of process in any such proceeding, and shall have standing to 6 intervene in such a proceeding for all purposes. Failure to 7 provide service of process to the commission shall render a 8 judgment or order void as to the commission, this compact, or 9 promulgated rules. 10 b. Default, technical assistance, and termination. 11 (1) If the commission determines that a compact state 12 has defaulted in the performance of its obligations or 13 responsibilities under this compact or the promulgated rules, 14 the commission shall do all of the following: 15 (a) Provide written notice to the defaulting state and other 16 compact states of the nature of the default, the proposed means 17 of remedying the default, or any other action to be taken by 18 the commission. 19 (b) Provide remedial training and specific technical 20 assistance regarding the default. 21 (2) If a state in default fails to remedy the default, the 22 defaulting state may be terminated from this compact upon an 23 affirmative vote of a majority of the compact states, and all 24 rights, privileges, and benefits conferred by this compact 25 shall be terminated on the effective date of termination. A 26 remedy of the default does not relieve the offending state 27 of obligations or liabilities incurred during the period of 28 default. 29 (3) Termination of membership in this compact shall be 30 imposed only after all other means of securing compliance have 31 been exhausted. Notice of intent to suspend or terminate shall 32 be submitted by the commission to the governor, the majority 33 and minority leaders of the defaulting state’s legislature, and 34 each of the compact states. 35 -45- HF 2676.3930.S (1) 91 mb 45/ 48
(4) A compact state which has been terminated is 1 responsible for all assessments, obligations, and liabilities 2 incurred through the effective date of termination, including 3 obligations which extend beyond the effective date of 4 termination. 5 (5) The commission shall not bear any costs incurred by 6 the state which is found to be in default or which has been 7 terminated from this compact, unless agreed upon in writing 8 between the commission and the defaulting state. 9 (6) The defaulting state may appeal the action of the 10 commission by petitioning the United States district court for 11 the state of Georgia or the federal district where the compact 12 has its principal offices. The prevailing member shall be 13 awarded all costs of such litigation, including reasonable 14 attorney fees. 15 c. Dispute resolution. 16 (1) Upon request by a compact state, the commission shall 17 attempt to resolve disputes related to this compact which arise 18 among compact states and between compact and noncompact states. 19 (2) The commission shall promulgate a rule providing for 20 both mediation and binding dispute resolution for disputes that 21 arise before the commission. 22 d. Enforcement. 23 (1) The commission, in the reasonable exercise of its 24 discretion, shall enforce the provisions and rules of this 25 compact. 26 (2) By majority vote, the commission may initiate legal 27 action in the United States district court for the state 28 of Georgia or the federal district where the compact has 29 its principal offices against a compact state in default to 30 enforce compliance with the provisions of the compact and its 31 promulgated rules and bylaws. The relief sought may include 32 both injunctive relief and damages. In the event judicial 33 enforcement is necessary, the prevailing member shall be 34 awarded all costs of such litigation, including reasonable 35 -46- HF 2676.3930.S (1) 91 mb 46/ 48
attorney’s fees. 1 (3) The remedies in this article shall not be the exclusive 2 remedies of the commission. The commission may pursue any 3 other remedies available under federal or state law. 4 13. Article XIII —— Date of implementation of the psychology 5 interjurisdictional compact commission and associated rules, 6 withdrawal, and amendments. 7 a. This compact shall come into effect on the date on which 8 the compact is enacted into law in the seventh compact state. 9 The provisions which become effective at that time shall be 10 limited to the powers granted to the commission relating to 11 assembly and the promulgation of rules. Thereafter, the 12 commission shall meet and exercise rulemaking powers necessary 13 to the implementation and administration of this compact. 14 b. Any state which joins the compact subsequent to the 15 commission’s initial adoption of the rules shall be subject 16 to the rules as they exist on the date on which the compact 17 becomes law in that state. Any rule which has been previously 18 adopted by the commission shall have the full force and effect 19 of law on the day the compact becomes law in that state. 20 c. Any compact state may withdraw from this compact by 21 enacting a statute repealing the compact. 22 (1) A compact state’s withdrawal shall not take effect until 23 six months after enactment of the repealing statute. 24 (2) Withdrawal shall not affect the continuing requirement 25 of the withdrawing state’s psychology regulatory authority to 26 comply with the investigative and adverse action reporting 27 requirements of this compact prior to the effective date of 28 withdrawal. 29 d. Nothing contained in this compact shall be construed to 30 invalidate or prevent any psychology licensure agreement or 31 other cooperative arrangement between a compact state and a 32 noncompact state which does not conflict with the provisions of 33 this compact. 34 e. This compact may be amended by the compact states. No 35 -47- HF 2676.3930.S (1) 91 mb 47/ 48
amendment to this compact shall become effective and binding 1 upon any compact state until it is enacted into the law of all 2 compact states. 3 14. Article XIV —— Construction and severability. This 4 compact shall be liberally construed so as to effectuate the 5 purposes thereof. If this compact shall be held contrary to 6 the constitution of any compact state, the compact shall remain 7 in full force and effect as to the remaining compact states. > 8 2. Title page, line 3, after < including > by inserting 9 < effective date and > 10 -48- HF 2676.3930.S (1) 91 mb 48/ 48