Senate File 2367 S-5062 Amend Senate File 2367 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC 5 HEALTH 6 Section 1. Section 148.3, Code 2026, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 5. The board shall adopt rules pursuant to 9 chapter 17A requiring a licensee practicing family medicine, 10 internal medicine, pediatrics, psychiatry, endocrinology, 11 gastroenterology, cardiology, oncology, rheumatology, 12 neurology, nephrology, dermatology, pulmonology, surgery, 13 immunology, hematology, obstetrics, or gynecology to complete a 14 minimum of one hour of continuing education on nutrition and 15 metabolic health every four years as a condition of license 16 renewal. 17 Sec. 2. Section 148C.3, subsection 1, paragraph c, Code 18 2026, is amended to read as follows: 19 c. Hours of continuing medical education necessary to become 20 or remain licensed. The board shall adopt rules pursuant to 21 chapter 17A requiring a licensee practicing family medicine, 22 internal medicine, pediatrics, psychiatry, endocrinology, 23 gastroenterology, cardiology, oncology, rheumatology, 24 neurology, nephrology, dermatology, pulmonology, surgery, 25 immunology, hematology, obstetrics, or gynecology to complete a 26 minimum of one hour of continuing education on nutrition and 27 metabolic health every four years as a condition of license 28 renewal. 29 DIVISION II 30 MEDICAL SCHOOL GRADUATION REQUIREMENT —— NUTRITION 31 Sec. 3. NEW SECTION . 148.15 Medical school graduation 32 requirement —— nutrition. 33 Beginning July 1, 2028, a medical school or college of 34 osteopathic medicine and surgery in this state shall require as 35 -1- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 1/ 49 #1.
a condition of graduation that each student complete at least 1 forty hours of coursework on nutrition and metabolic health. 2 DIVISION III 3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —— SUMMER ELECTRONIC 4 BENEFITS TRANSFER FOR CHILDREN PROGRAM 5 Sec. 4. Section 234.1, Code 2026, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4A. “Summer electronic benefits transfer 8 for children program” or “summer EBT program” means the summer 9 electronic benefits transfer for children program established 10 in 42 U.S.C. §1762. 11 Sec. 5. NEW SECTION . 234.12B Supplemental nutrition 12 assistance program —— summer electronic benefits transfer for 13 children program. 14 The department shall continuously request that the United 15 States department of agriculture, food and nutrition service, 16 provide approval, for purposes of state administration of the 17 supplemental food and nutrition program and the summer EBT 18 program, if the state participates in the summer EBT program, 19 for a modification to the list of eligible foods in 7 C.F.R. 20 §271.2 to only include foods that are eligible as of January 21 1, 2026. The department may seek approval for additional 22 foods to be excluded based on healthy food standards if the 23 state provides all authorized SNAP retailers with a list of 24 ineligible foods identified by universal product code, and 25 instructions for point-of-sale compliance. The department 26 shall implement each modification upon receipt of approval. 27 DIVISION IV 28 IVERMECTIN —— OVER-THE-COUNTER AVAILABILITY 29 Sec. 6. NEW SECTION . 126.24 Ivermectin —— prescription drug 30 order not required. 31 1. A pharmacist or pharmacy may distribute ivermectin for 32 human consumption as an over-the-counter medicine. 33 2. A pharmacist or pharmacy shall not be subject to 34 professional discipline or civil or criminal penalties for the 35 -2- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 2/ 49
distribution of ivermectin pursuant to this section. 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- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 3/ 49
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- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 4/ 49
EDUCATIONAL STANDARDS 1 Sec. 12. Section 256.11, subsection 2, Code 2026, is amended 2 to read as follows: 3 2. a. The kindergarten program shall include experiences 4 designed to develop healthy emotional and social habits and 5 growth in the language arts and communication skills, as well 6 as a capacity for the completion of individual tasks, and 7 protect and increase physical well-being with attention given 8 to experiences relating to the development of life skills and, 9 subject to section 279.80 , age-appropriate and research-based 10 human growth and development. The kindergarten program shall 11 also include instruction related to nutrition that emphasizes 12 all of the following: 13 (1) The importance of animal-based protein, dairy, 14 vegetables, and fruit. 15 (2) The nutritional benefits of animal-based protein, 16 dairy, vegetables, and fruit. 17 (3) The role that animal-based protein, dairy, vegetables, 18 and fruit play in a balanced diet. 19 b. A kindergarten teacher shall be licensed to teach in 20 kindergarten. 21 c. An accredited nonpublic school must meet the requirements 22 of this subsection only if the nonpublic school offers a 23 kindergarten program; provided, however, that section 279.80 24 shall not apply to a nonpublic school. 25 Sec. 13. Section 256.11, subsection 3, paragraph a, 26 subparagraph (5), Code 2026, is amended to read as follows: 27 (5) Health. The health curriculum shall include the all of 28 the following: 29 (a) The characteristics of communicable diseases. 30 (b) Instruction related to nutrition that emphasizes all of 31 the following: 32 (i) The importance of animal-based protein, dairy, 33 vegetables, and fruit. 34 (ii) The nutritional benefits of animal-based protein, 35 -5- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 5/ 49
dairy, vegetables, and fruit. 1 (iii) The role that animal-based protein, dairy, 2 vegetables, and fruit play in a balanced diet. 3 Sec. 14. Section 256.11, subsection 4, paragraph a, 4 subparagraphs (5) and (7), Code 2026, are amended to read as 5 follows: 6 (5) Health. The health curriculum shall include 7 age-appropriate all of the following: 8 (a) Age-appropriate and research-based information 9 regarding the characteristics of sexually transmitted diseases. 10 (b) Instruction related to nutrition that emphasizes all of 11 the following: 12 (i) The importance of animal-based protein, dairy, 13 vegetables, and fruit. 14 (ii) The nutritional benefits of animal-based protein, 15 dairy, vegetables, and fruit. 16 (iii) The role that animal-based protein, dairy, 17 vegetables, and fruit play in a balanced diet. 18 (7) Career instruction, exploration, and development, which 19 shall include career investigation, career connections, and 20 career intentions. Career exploration and development shall 21 be designed so that students are appropriately prepared to 22 create an individualized career and academic plan pursuant to 23 section 279.61, incorporate foundational career and technical 24 education concepts aligned with the six career and technical 25 education service areas as defined in subsection 5, paragraph 26 “h” , incorporate relevant twenty-first century skills to 27 facilitate career readiness, and introduce students to career 28 opportunities within the local community and across this state. 29 This subparagraph shall not apply to the teaching of career 30 exploration and development in nonpublic schools. 31 Sec. 15. Section 256.11, subsection 4, paragraph b, Code 32 2026, is amended to read as follows: 33 b. Computer science instruction incorporating the standards 34 established under section 256.7, subsection 26 , paragraph “a” , 35 -6- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 6/ 49
subparagraph (4), shall be offered in at least one grade level 1 commencing with the school year beginning July 1, 2023. Career 2 exploration and development shall be designed so that students 3 are appropriately prepared to create an individual career 4 and academic plan pursuant to section 279.61 , incorporate 5 foundational career and technical education concepts aligned 6 with the six career and technical education service areas as 7 defined in subsection 5 , paragraph “h” , incorporate relevant 8 twenty-first century skills to facilitate career readiness, and 9 introduce students to career opportunities within the local 10 community and across this state. 11 Sec. 16. Section 256.11, subsection 5, paragraph h, 12 subparagraph (1), subparagraph division (a), Code 2026, is 13 amended to read as follows: 14 (a) Agriculture, food, and natural resources , which 15 shall include instruction relating to food production and the 16 benefits of local sourcing . 17 Sec. 17. Section 256.11, subsection 5, paragraph j, 18 subparagraph (1), Code 2026, is amended to read as follows: 19 (1) One unit of health education which may include 20 personal health; food and nutrition; environmental health; 21 safety and survival skills; consumer health; family life; 22 age-appropriate and research-based human growth and development 23 that incorporates the standards established under section 24 279.50, subsection 3 , paragraph “b” ; substance use disorder 25 and nonuse; emotional and social health; health resources; 26 cardiopulmonary resuscitation; and prevention and control 27 of disease, including age-appropriate and research-based 28 information regarding sexually transmitted diseases. The one 29 unit of health education shall include instruction related to 30 nutrition that emphasizes all of the following: 31 (a) The importance of animal-based protein, dairy, 32 vegetables, and fruit. 33 (b) The nutritional benefits of animal-based protein, 34 dairy, vegetables, and fruit. 35 -7- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 7/ 49
(c) The role that animal-based protein, dairy, vegetables, 1 and fruit play in a balanced diet. 2 Sec. 18. Section 256E.7, subsection 2, paragraph h, Code 3 2026, is amended by adding the following new subparagraphs: 4 NEW SUBPARAGRAPH . (01) The educational standards 5 established in section 256.11, subsections 2, 3, and 4, and 6 section 256.11, subsection 5, paragraph “j” , subparagraph (1), 7 related to instruction on nutrition. 8 NEW SUBPARAGRAPH . (3) The educational standards 9 established in section 256.11, subsection 5, paragraph “h” , 10 subparagraph (1), subparagraph division (a), related to 11 instruction relating to food production and the benefits of 12 local sourcing. 13 Sec. 19. Section 256F.4, subsection 2, Code 2026, is amended 14 by adding the following new paragraphs: 15 NEW PARAGRAPH . 0p. Be subject to and comply with the 16 requirements of section 256.11, subsections 2, 3, and 4, and 17 section 256.11, subsection 5, paragraph “j” , subparagraph (1), 18 related to instruction on nutrition in the same manner as a 19 school district. 20 NEW PARAGRAPH . w. Be subject to and comply with the 21 requirements of section 256.11, subsection 5, paragraph 22 “h” , subparagraph (1), subparagraph division (a), related to 23 instruction relating to food production and the benefits of 24 local sourcing in the same manner as a school district. 25 Sec. 20. NEW SECTION . 283A.14 Application for waiver —— 26 updated nutritional guidelines —— joint committee. 27 1. The general assembly finds and declares all of the 28 following: 29 a. The nutritional needs and cultural preferences of 30 the students in Iowa might be better served by localizing 31 nutritional standards. 32 b. Unique regional food sources, including corn, pork, and 33 dairy, are not adequately addressed by federal guidelines. 34 c. Flexibility in nutritional standards can enhance the 35 -8- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 8/ 49
ability of schools to provide meals that are both nutritious 1 and appealing to students, which may increase student 2 participation in school breakfast and lunch programs. 3 2. Within ninety days after the effective date of this Act, 4 the department of education shall apply for a waiver under the 5 provisions of the federal National School Lunch Act of 1966, 42 6 U.S.C. §1751 et seq., and the federal Child Nutrition Act of 7 1966, 42 U.S.C. §1771 et seq., to request all of the following: 8 a. An exemption from sodium limits, whole grain 9 requirements, and fruit and vegetable variety stipulations in 10 school breakfast and lunch programs. 11 b. Permission to substitute or modify federal requirements 12 with state-specific nutritional guidelines that align with 13 Iowa’s dietary recommendations or cultural food practices. 14 3. If the waiver applied for by the department of 15 education under subsection 2 is granted, the department of 16 education shall adopt updated guidelines for what constitutes 17 a nutritionally adequate meal. The department shall consult 18 with the department of agriculture and land stewardship, 19 experts in nutrition, educators, parents, local farmers, and 20 other stakeholders during the process of adopting updated 21 guidelines for what constitutes a nutritionally adequate meal. 22 The guidelines for what constitutes a nutritionally adequate 23 meal may reflect local preferences, regional food sources, 24 including corn, pork, and dairy, and cultural considerations. 25 The guidelines for what constitutes a nutritionally adequate 26 meal must satisfy all of the following requirements: 27 a. Be at least as stringent in promoting health and 28 preventing chronic diseases as the federal guidelines. 29 b. Maintain a commitment to nutritional health and student 30 well-being. 31 c. Prioritize the following food groups, in the order 32 listed: 33 (1) Animal-based protein, including but not limited to 34 beef, pork, poultry, fish, and eggs. 35 -9- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 9/ 49
(2) Dairy products, including but not limited to milk, 1 cheese, and yogurt. 2 (3) Vegetables, including but not limited to local and 3 seasonal produce. 4 (4) Fresh fruit or dried or frozen fruit when fresh fruit is 5 not seasonally available. 6 4. If the waiver applied for by the department of education 7 under subsection 2 is granted, the department of education 8 and the department of agriculture and land stewardship shall 9 establish a joint committee to do all of the following: 10 a. Oversee the implementation of the guidelines for what 11 constitutes a nutritionally adequate meal. 12 b. Review the outcomes associated with the guidelines for 13 what constitutes a nutritionally adequate meal. 14 c. Study the nutritional science associated with the 15 guidelines for what constitutes a nutritionally adequate meal 16 and seek feedback from schools, parents, and agricultural 17 stakeholders related to the guidelines. 18 d. Provide recommendations to the department of education 19 related to changes that may need to be made to the guidelines 20 for what constitutes a nutritionally adequate meal. 21 5. If the waiver applied for by the department of 22 education under subsection 2 is granted, the department of 23 education shall submit to the general assembly an annual 24 report, beginning on or before the first June 30 after 25 the implementation of the new guidelines, which describes 26 the impact of the guidelines related to what constitutes a 27 nutritionally adequate meal, including information related 28 to school breakfast and lunch program participation, student 29 health outcomes, feedback from school districts, progress 30 in implementing the guidelines, challenges associated with 31 implementing the guidelines, and recommendations for further 32 enhancement of the guidelines. 33 6. If the waiver applied for by the department of education 34 under subsection 2 is granted, the department of education 35 -10- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 10/ 49
shall conduct an evaluation to assess the effectiveness of the 1 guidelines for what constitutes a nutritionally adequate meal 2 compared to the comparable federal standards within five years 3 after the effective date of the waiver. 4 Sec. 21. EFFECTIVE DATE. The following, being deemed of 5 immediate importance, takes effect upon enactment: 6 The section of this division of this Act enacting section 7 283A.14. 8 Sec. 22. APPLICABILITY. The following apply to school years 9 beginning on or after July 1, 2027: 10 1. The section of this division of this Act amending section 11 256.11, subsections 2, 3, and 4. 12 2. The section of this division of this Act amending 13 section 256.11, subsection 5, paragraph “h”, subparagraph (1), 14 subparagraph division (a). 15 3. The section of this division of this Act amending section 16 256.11, subsection 5, paragraph “j”, subparagraph (1). 17 4. The section of this division of this Act amending section 18 256E.7, subsection 2, paragraph “h”. 19 5. The section of this division of this Act amending section 20 256F.4, subsection 2. 21 DIVISION VII 22 STUDENT INSTRUCTIONAL TECHNOLOGY STANDARDS 23 Sec. 23. Section 256E.7, subsection 2, Code 2026, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . 0s. Be subject to and comply with 26 the requirements of section 279.89 relating to student 27 instructional technology standards in the same manner as a 28 school district. 29 Sec. 24. Section 256F.4, subsection 2, Code 2026, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . w. Be subject to and comply with 32 the requirements of section 279.89 relating to student 33 instructional technology standards in the same manner as a 34 school district. 35 -11- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 11/ 49
Sec. 25. NEW SECTION . 279.89 Student instructional 1 technology standards. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Digital instruction” means lessons, assignments, 5 assessments, or instructional activities delivered through 6 instructional technology. 7 b. “Instructional technology” means a laptop, tablet, 8 computer, smart device, software platform, or other similar 9 device or platform used for student learning. 10 c. “One-to-one digital device program” means a program 11 through which a school district provides or assigns a digital 12 device to each student for instructional use. 13 2. a. For students enrolled in grades kindergarten through 14 five, digital instruction shall not exceed sixty minutes per 15 school day. 16 b. The following uses shall not count toward the daily 17 limit: 18 (1) Use required pursuant to an individualized education 19 program or a plan developed pursuant to section 504 of the 20 federal Rehabilitation Act of 1973. 21 (2) Assistive or adaptive technology necessary to provide a 22 student access to instruction. 23 (3) Teacher-directed demonstrations using a projector, 24 smartboard, or similar display device when students are not 25 individually operating a digital device. 26 (4) State assessments and progress monitoring that requires 27 the use of a one-to-one digital device. 28 (5) Dedicated computer science and technology curriculum. 29 3. a. The board of directors of each school district shall 30 adopt a written technology use policy applicable to grades 31 kindergarten through five. 32 b. The policy shall include all of the following: 33 (1) The district’s daily digital instruction limits. 34 (2) A list of digital platforms and applications used for 35 -12- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 12/ 49
instruction. 1 (3) Notice of a parent’s or guardian’s right to request 2 additional reductions in the parent’s or guardian’s child’s 3 digital instruction. 4 (4) A statement that instructional technology shall 5 support, and not supplant, foundational learning. 6 (5) A prohibition on the use of digital devices during 7 recess. 8 c. The policy shall be published on each elementary school’s 9 internet site. 10 4. a. Prior to adopting or renewing a one-to-one digital 11 device program for any grade level, the board of directors of a 12 school district shall complete a technology adoption checklist 13 that documents consideration of all of the following: 14 (1) The instructional purpose of the device. 15 (2) Age appropriateness of the device and associated 16 software. 17 (3) Content-filtering limitations and the district’s 18 capacity to mitigate those limitations. 19 (4) Whether student data is collected, stored, or shared, 20 and the nature of such data practices. 21 b. The checklist shall be retained by the board and made 22 available to the department of education upon request for audit 23 or compliance purposes. 24 c. Each school district shall make publicly available on the 25 district’s internet site a list of one-to-one digital device 26 programs in use, and information regarding opt-out options for 27 parents who decline participation in digital instruction. 28 5. This section shall not apply to students enrolled in an 29 online learning program operating pursuant to section 256.43. 30 DIVISION VIII 31 PSYCHOLOGY INTERJURISDICTIONAL COMPACT 32 Sec. 26. NEW SECTION . 147M.1 Psychology interjurisdictional 33 compact. 34 The psychology interjurisdictional compact is enacted into 35 -13- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 13/ 49
law and entered into by this state with all states legally 1 joining in the compact in the form substantially as follows: 2 1. Article I —— Purpose. 3 a. The party states find that: 4 (1) States license psychologists, in order to protect 5 the public through verification of education, training, 6 and experience, and ensure accountability for professional 7 practice. 8 (2) This compact is intended to regulate the day-to-day 9 practice of telepsychology, in which psychological services are 10 provided using telecommunication technologies, by psychologists 11 across state boundaries in the performance of their 12 psychological practice as assigned by an appropriate authority. 13 (3) This compact is intended to regulate the temporary 14 in-person, face-to-face practice of psychology by psychologists 15 across state boundaries for thirty days within a calendar year 16 in the performance of their psychological practice as assigned 17 by an appropriate authority. 18 (4) This compact is intended to authorize state psychology 19 regulatory authorities to afford legal recognition, in a manner 20 consistent with the terms of the compact, to psychologists 21 licensed in another state. 22 (5) This compact recognizes that states have a vested 23 interest in protecting the public’s health and safety through 24 their licensing and regulation of psychologists and that such 25 state regulation will best protect public health and safety. 26 (6) This compact does not apply when a psychologist is 27 licensed in both the home and receiving states. 28 (7) This compact does not apply to permanent in-person, 29 face-to-face practice, but it does allow for authorization of 30 temporary psychological practice. 31 b. Consistent with these principles, this compact is 32 designed to achieve the following purposes and objectives: 33 (1) Increase public access to professional psychological 34 services by allowing for telepsychological practice across 35 -14- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 14/ 49
state lines as well as temporary in-person, face-to-face 1 services into a state in which the psychologist is not licensed 2 to practice psychology. 3 (2) Enhance the states’ ability to protect the public’s 4 health and safety, especially client-patient safety. 5 (3) Encourage the cooperation of compact states in the areas 6 of psychology licensure and regulation. 7 (4) Facilitate the exchange of information between compact 8 states regarding psychologist licensure, adverse actions, and 9 disciplinary history. 10 (5) Promote compliance with the laws governing 11 psychological practice in each compact state. 12 (6) Invest all compact states with the authority to 13 hold licensed psychologists accountable through the mutual 14 recognition of compact state licenses. 15 2. Article II —— Definitions. 16 a. “Adverse action” means any action taken by a state 17 psychology regulatory authority which finds a violation 18 of a statute or regulation that is identified by the state 19 psychology regulatory authority as discipline and is a matter 20 of public record. 21 b. “Association of state and provincial psychology boards” 22 means the recognized membership organization composed of state 23 and provincial psychology regulatory authorities responsible 24 for the licensure and registration of psychologists throughout 25 the United States and Canada. 26 c. “Authority to practice interjurisdictional telepsychology” 27 means a licensed psychologist’s authority to practice 28 telepsychology, within the limits authorized under this 29 compact, in another compact state. 30 d. “Bylaws” means those bylaws established by the psychology 31 interjurisdictional compact commission pursuant to article 32 X for its governance, or for directing and controlling its 33 actions and conduct. 34 e. “Client-patient” means the recipient of psychological 35 -15- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 15/ 49
services, whether psychological services are delivered in the 1 context of health care, corporate, supervision, or consulting 2 services. 3 f. “Commissioner” means the voting representative appointed 4 by each state psychology regulatory authority pursuant to 5 article X. 6 g. “Compact state” means a state, the District of Columbia, 7 or United States territory that has enacted this compact 8 legislation and which has not withdrawn pursuant to article 9 XIII, or been terminated pursuant to article XII. 10 h. “Confidentiality” means the principle that data or 11 information is not made available or disclosed to unauthorized 12 persons or processes. 13 i. “Coordinated licensure information system” or “coordinated 14 database” means an integrated process for collecting, storing, 15 and sharing information on psychologists’ licensure and 16 enforcement activities related to psychology licensure laws, 17 which is administered by the recognized membership organization 18 composed of state and provincial psychology regulatory 19 authorities. 20 j. “Day” means any part of a day in which psychological work 21 is performed. 22 k. “Distant state” means the compact state where a 23 psychologist is physically present, not through the use 24 of telecommunications technologies, to provide temporary 25 in-person, face-to-face psychological services. 26 l. “E.Passport” means a certificate issued by the 27 association of state and provincial psychology boards 28 that promotes the standardization in the criteria of 29 interjurisdictional telepsychology practice and facilitates the 30 process for licensed psychologists to provide telepsychological 31 services across state lines. 32 m. “Executive board” means a group of directors elected or 33 appointed to act on behalf of, and within the powers granted to 34 them by, the commission. 35 -16- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 16/ 49
n. “Home state” means a compact state where a psychologist 1 is licensed to practice psychology. If the psychologist is 2 licensed in more than one compact state and is practicing 3 under the authorization to practice interjurisdictional 4 telepsychology, the home state is the compact state where the 5 psychologist is physically present when the telepsychological 6 services are delivered. If the psychologist is licensed 7 in more than one compact state and is practicing under the 8 temporary authorization to practice, the home state is any 9 compact state where the psychologist is licensed. 10 o. “Identity history summary” means a summary of information 11 retained by the federal bureau of investigation (FBI), or other 12 designee with similar authority, in connection with arrests 13 and, in some instances, federal employment, naturalization, or 14 military service. 15 p. “In-person, face-to-face” means interactions in which the 16 psychologist and the client-patient are in the same physical 17 space and which does not include interactions that may occur 18 through the use of telecommunication technologies. 19 q. “Interjurisdictional practice certificate” or “IPC” 20 means a certificate issued by the association of state and 21 provincial psychology boards that grants temporary authority 22 to practice based on notification to the state psychology 23 regulatory authority of intention to practice temporarily, and 24 verification of one’s qualifications for such practice. 25 r. “License” means authorization by a state psychology 26 regulatory authority to engage in the independent practice of 27 psychology, which would be unlawful without the authorization. 28 s. “Noncompact state” means any state which is not at the 29 time a compact state. 30 t. “Psychologist” means an individual licensed for the 31 independent practice of psychology. 32 u. “Psychology interjurisdictional compact commission” or 33 “commission” means the national administration of which all 34 compact states are members. 35 -17- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 17/ 49
v. “Receiving state” means a compact state where the 1 client-patient is physically located when the telepsychological 2 services are delivered. 3 w. “Rule” means a written statement by the psychology 4 interjurisdictional compact commission promulgated pursuant 5 to article XI that is of general applicability, implements, 6 interprets, or prescribes a policy or provision of this 7 compact, or an organizational, procedural, or practice 8 requirement of the commission and has the force and effect of 9 statutory law in a compact state, and includes the amendment, 10 repeal, or suspension of an existing rule. 11 x. “Significant investigatory information” means any of the 12 following: 13 (1) Investigative information that a state psychology 14 regulatory authority, after a preliminary inquiry that includes 15 notification and an opportunity to respond if required by state 16 law, has reason to believe, if proven true, would indicate more 17 than a violation of state statute or ethics code that would be 18 considered more substantial than a minor infraction. 19 (2) Investigative information that indicates that the 20 psychologist represents an immediate threat to public health 21 and safety regardless of whether the psychologist has been 22 notified or had an opportunity to respond. 23 y. “State” means a state, commonwealth, territory, or 24 possession of the United States, or the District of Columbia. 25 z. “State psychology regulatory authority” means the board, 26 office, or other agency with the legislative mandate to license 27 and regulate the practice of psychology. 28 aa. “Telepsychology” means the provision of psychological 29 services using telecommunication technologies. 30 ab. “Temporary authorization to practice” means a licensed 31 psychologist’s authority to conduct temporary in-person, 32 face-to-face practice, within the limits authorized under this 33 compact, in another compact state. 34 ac. “Temporary in-person, face-to-face practice” means where 35 -18- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 18/ 49
a psychologist is physically present, not through the use 1 of telecommunications technologies, in the distant state to 2 provide for the practice of psychology for thirty days within a 3 calendar year and based on notification to the distant state. 4 3. Article III —— Home state licensure. 5 a. The home state shall be a compact state where a 6 psychologist is licensed to practice psychology. 7 b. A psychologist may hold one or more compact state 8 licenses at a time. If the psychologist is licensed in more 9 than one compact state, the home state is the compact state 10 where the psychologist is physically present when the services 11 are delivered as authorized by the authority to practice 12 interjurisdictional telepsychology under the terms of this 13 compact. 14 c. Any compact state may require a psychologist not 15 previously licensed in a compact state to obtain and retain 16 a license to be authorized to practice in the compact state 17 under circumstances not authorized by the authority to practice 18 interjurisdictional telepsychology under the terms of this 19 compact. 20 d. Any compact state may require a psychologist to obtain 21 and retain a license to be authorized to practice in a 22 compact state under circumstances not authorized by temporary 23 authorization to practice under the terms of this compact. 24 e. A home state’s license authorizes a psychologist to 25 practice in a receiving state under the authority to practice 26 interjurisdictional telepsychology only if the compact state 27 meets all of the following requirements: 28 (1) Currently requires the psychologist to hold an active 29 E.Passport. 30 (2) Has a mechanism in place for receiving and investigating 31 complaints about licensed individuals. 32 (3) Notifies the commission, in compliance with the terms 33 herein, of any adverse action or significant investigatory 34 information regarding a licensed individual. 35 -19- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 19/ 49
(4) Requires an identity history summary of all applicants 1 at initial licensure, including the use of the results of 2 fingerprints or other biometric data checks compliant with the 3 requirements of the federal bureau of investigation (FBI), or 4 other designee with similar authority, no later than ten years 5 after activation of the this compact. 6 (5) Complies with the bylaws and rules of the commission. 7 f. A home state’s license grants temporary authorization 8 to practice to a psychologist in a distant state only if the 9 compact state meets all of the following requirements: 10 (1) Currently requires the psychologist to hold an active 11 IPC. 12 (2) Has a mechanism in place for receiving and investigating 13 complaints about licensed individuals. 14 (3) Notifies the commission, in compliance with the terms 15 herein, of any adverse action or significant investigatory 16 information regarding a licensed individual. 17 (4) Requires an identity history summary of all applicants 18 at initial licensure, including the use of the results of 19 fingerprints or other biometric data checks compliant with the 20 requirements of the federal bureau of investigation (FBI), or 21 other designee with similar authority, no later than ten years 22 after activation of this compact. 23 (5) Complies with the bylaws and rules of the commission. 24 4. Article IV —— Compact privilege to practice 25 telepsychology. 26 a. Compact states shall recognize the right of a 27 psychologist, licensed in a compact state in conformance with 28 article III, to practice telepsychology in receiving states in 29 which the psychologist is not licensed, under the authority to 30 practice interjurisdictional telepsychology as provided in this 31 compact. 32 b. To exercise the authority to practice interjurisdictional 33 telepsychology under the terms and provisions of this compact, 34 a psychologist licensed to practice in a compact state shall 35 -20- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 20/ 49
meet all of the following requirements: 1 (1) Hold a graduate degree in psychology from an institution 2 of higher education that was either of the following, at the 3 time the degree was awarded: 4 (a) Regionally accredited by an accrediting body recognized 5 by the United States department of education to grant graduate 6 degrees, or authorized by provincial statute or royal charter 7 to grant doctoral degrees. 8 (b) A foreign college or university deemed to be equivalent 9 to subparagraph (1), subparagraph division (a), by a foreign 10 credential evaluation service that is a member of the national 11 association of credential evaluation services or by a 12 recognized foreign credential evaluation service. 13 (2) Hold a graduate degree in psychology that meets all of 14 the following criteria: 15 (a) The program, wherever it may be administratively 16 housed, must be clearly identified and labeled as a 17 psychology program. Such a program must specify in pertinent 18 institutional catalogues and brochures its intent to educate 19 and train professional psychologists. 20 (b) The psychology program must stand as a recognizable, 21 coherent, organizational entity within the institution. 22 (c) There must be a clear authority and primary 23 responsibility for the core and specialty areas whether or not 24 the program cuts across administrative lines. 25 (d) The program must consist of an integrated, organized 26 sequence of study. 27 (e) There must be an identifiable psychology 28 faculty sufficient in size and breadth to carry out its 29 responsibilities. 30 (f) The designated director of the program must be a 31 psychologist and a member of the core faculty. 32 (g) The program must have an identifiable body of students 33 who are matriculated in that program for a degree. 34 (h) The program must include supervised practicum, 35 -21- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 21/ 49
internship, or field training appropriate to the practice of 1 psychology. 2 (i) The curriculum shall encompass a minimum of three 3 academic years of full-time graduate study for doctoral degrees 4 and a minimum of one academic year of full-time graduate study 5 for master’s degrees. 6 (j) The program includes an acceptable residency as defined 7 by the rules of the commission. 8 (3) Possess a current, full, and unrestricted license to 9 practice psychology in a home state which is a compact state. 10 (4) Have no history of adverse action that violates the 11 rules of the commission. 12 (5) Have no criminal record history reported on an identity 13 history summary that violates the rules of the commission. 14 (6) Possess a current, active E.Passport. 15 (7) Provide attestations in regard to areas of intended 16 practice, conformity with standards of practice, competence in 17 telepsychology technology; criminal background; and knowledge 18 and adherence to legal requirements in the home and receiving 19 states, and provide a release of information to allow for 20 primary source verification in a manner specified by the 21 commission. 22 (8) Meet other criteria as defined by the rules of the 23 commission. 24 c. The home state maintains authority over the license of 25 any psychologist practicing into a receiving state under the 26 authority to practice interjurisdictional telepsychology. 27 d. A psychologist practicing into a receiving state under 28 the authority to practice interjurisdictional telepsychology 29 shall be subject to the receiving state’s scope of practice. 30 A receiving state may, in accordance with that state’s due 31 process law, limit or revoke a psychologist’s authority to 32 practice interjurisdictional telepsychology in the receiving 33 state and may take any other necessary actions under the 34 receiving state’s applicable law to protect the health and 35 -22- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 22/ 49
safety of the receiving state’s citizens. If a receiving state 1 takes action, the state shall promptly notify the home state 2 and the commission. 3 e. If a psychologist’s license in any home state or another 4 compact state, or any authority to practice interjurisdictional 5 telepsychology in any receiving state, is restricted, 6 suspended, or otherwise limited, the E.Passport shall be 7 revoked and the psychologist shall not be eligible to practice 8 telepsychology in a compact state under the authority to 9 practice interjurisdictional telepsychology. 10 5. Article V —— Compact temporary authorization to practice. 11 a. Compact states shall also recognize the right of a 12 psychologist, licensed in a compact state in conformance with 13 article III, to practice temporarily in distant states in which 14 the psychologist is not licensed, as provided in this compact. 15 b. To exercise the temporary authorization to practice 16 under the terms and provisions of this compact, a psychologist 17 licensed to practice in a compact state shall meet all of the 18 following requirements: 19 (1) Hold a graduate degree in psychology from an institution 20 of higher education that was either of the following, at the 21 time the degree was awarded: 22 (a) Regionally accredited by an accrediting body recognized 23 by the United States department of education to grant graduate 24 degrees, or authorized by provincial statute or royal charter 25 to grant doctoral degrees. 26 (b) A foreign college or university deemed to be equivalent 27 to subparagraph (1), subparagraph division (a), by a foreign 28 credential evaluation service that is a member of the national 29 association of credential evaluation services or by a 30 recognized foreign credential evaluation service. 31 (2) Hold a graduate degree in psychology that meets all of 32 the following criteria: 33 (a) The program, wherever it may be administratively 34 housed, must be clearly identified and labeled as a 35 -23- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 23/ 49
psychology program. Such a program must specify in pertinent 1 institutional catalogues and brochures its intent to educate 2 and train professional psychologists. 3 (b) The psychology program must stand as a recognizable, 4 coherent, organizational entity within the institution. 5 (c) There must be a clear authority and primary 6 responsibility for the core and specialty areas whether or not 7 the program cuts across administrative lines. 8 (d) The program must consist of an integrated, organized 9 sequence of study. 10 (e) There must be an identifiable psychology 11 faculty sufficient in size and breadth to carry out its 12 responsibilities. 13 (f) The designated director of the program must be a 14 psychologist and a member of the core faculty. 15 (g) The program must have an identifiable body of students 16 who are matriculated in that program for a degree. 17 (h) The program must include supervised practicum, 18 internship, or field training appropriate to the practice of 19 psychology. 20 (i) The curriculum shall encompass a minimum of three 21 academic years of full-time graduate study for doctoral degrees 22 and a minimum of one academic year of full-time graduate study 23 for master’s degrees. 24 (j) The program includes an acceptable residency as defined 25 by the rules of the commission. 26 (3) Possess a current, full, and unrestricted license to 27 practice psychology in a home state which is a compact state. 28 (4) Have no history of adverse action that violates the 29 rules of the commission. 30 (5) Have no criminal record history that violates the rules 31 of the commission. 32 (6) Possess a current, active IPC. 33 (7) Provide attestations in regard to areas of intended 34 practice and work experience and provide a release of 35 -24- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 24/ 49
information to allow for primary source verification in a 1 manner specified by the commission. 2 (8) Meet other criteria as defined by the rules of the 3 commission. 4 c. A psychologist practicing into a distant state under the 5 temporary authorization to practice shall practice within the 6 scope of practice authorized by the distant state. 7 d. A psychologist practicing into a distant state under the 8 temporary authorization to practice shall be subject to the 9 distant state’s authority and law. A distant state may, in 10 accordance with that state’s due process law, limit or revoke 11 a psychologist’s temporary authorization to practice in the 12 distant state and may take any other necessary actions under 13 the distant state’s applicable law to protect the health and 14 safety of the distant state’s citizens. If a distant state 15 takes action, the state shall promptly notify the home state 16 and the commission. 17 e. If a psychologist’s license in any home state, another 18 compact state, or any temporary authorization to practice in 19 any distant state, is restricted, suspended, or otherwise 20 limited, the IPC shall be revoked and the psychologist shall 21 not be eligible to practice in a compact state under the 22 temporary authorization to practice. 23 6. Article VI —— Conditions of telepsychology practice in a 24 receiving state. A psychologist may practice in a receiving 25 state under the authority to practice interjurisdictional 26 telepsychology only in the performance of the scope of 27 practice for psychology as assigned by an appropriate state 28 psychology regulatory authority, as defined in the rules of the 29 commission, and under the following circumstances: 30 a. The psychologist initiates a client-patient contact 31 in a home state via telecommunications technologies with a 32 client-patient in a receiving state. 33 b. Other conditions regarding telepsychology as determined 34 by rules promulgated by the commission. 35 -25- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 25/ 49
7. Article VII —— Adverse actions. 1 a. A home state shall have the power to impose adverse 2 action against a psychologist’s license issued by the home 3 state. A distant state shall have the power to take adverse 4 action on a psychologist’s temporary authorization to practice 5 within that distant state. 6 b. A receiving state may take adverse action on a 7 psychologist’s authority to practice interjurisdictional 8 telepsychology within that receiving state. A home state may 9 take adverse action against a psychologist based on an adverse 10 action taken by a distant state regarding temporary in-person, 11 face-to-face practice. 12 c. If a home state takes adverse action against a 13 psychologist’s license, that psychologist’s authority to 14 practice interjurisdictional telepsychology is terminated and 15 the E.Passport is revoked. Furthermore, that psychologist’s 16 temporary authorization to practice is terminated and the IPC 17 is revoked. 18 (1) All home state disciplinary orders which impose adverse 19 action shall be reported to the commission in accordance with 20 the rules promulgated by the commission. A compact state shall 21 report adverse actions in accordance with the rules of the 22 commission. 23 (2) In the event discipline is reported on a psychologist, 24 the psychologist shall not be eligible for telepsychology or 25 temporary in-person, face-to-face practice in accordance with 26 the rules of the commission. 27 (3) Other actions may be imposed as determined by the rules 28 promulgated by the commission. 29 d. A home state’s psychology regulatory authority shall 30 investigate and take appropriate action with respect to 31 reported inappropriate conduct engaged in by a licensee which 32 occurred in a receiving state as it would if such conduct had 33 occurred by a licensee within the home state. In such cases, 34 the home state’s law shall control in determining any adverse 35 -26- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 26/ 49
action against a psychologist’s license. 1 e. A distant state’s psychology regulatory authority 2 shall investigate and take appropriate action with respect to 3 reported inappropriate conduct engaged in by a psychologist 4 practicing under temporary authorization to practice which 5 occurred in that distant state as it would if such conduct 6 had occurred by a licensee within the home state. In such 7 cases, the distant state’s law shall control in determining any 8 adverse action against a psychologist’s temporary authorization 9 to practice. 10 f. Nothing in this compact shall override a compact state’s 11 decision that a psychologist’s participation in an alternative 12 program may be used in lieu of adverse action and that such 13 participation shall remain nonpublic if required by the compact 14 state’s law. Compact states shall require psychologists who 15 enter any alternative programs to not provide telepsychology 16 services under the authority to practice interjurisdictional 17 telepsychology or provide temporary psychological services 18 under the temporary authorization to practice in any other 19 compact state during the term of the alternative program. 20 g. No other judicial or administrative remedies shall 21 be available to a psychologist in the event a compact state 22 imposes an adverse action pursuant to paragraph “c” . 23 8. Article VIII —— Additional authorities invested in a 24 compact state’s psychology regulatory authority. In addition 25 to any other powers granted under state law, a compact state’s 26 psychology regulatory authority shall have the authority under 27 this compact to do all of the following: 28 a. Issue subpoenas, for both hearings and investigations, 29 which require the attendance and testimony of witnesses and 30 the production of evidence. Subpoenas issued by a compact 31 state’s psychology regulatory authority for the attendance 32 and testimony of witnesses or the production of evidence from 33 another compact state shall be enforced in the latter state by 34 any court of competent jurisdiction, according to that court’s 35 -27- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 27/ 49
practice and procedure in considering subpoenas issued in its 1 own proceedings. The issuing state psychology regulatory 2 authority shall pay any witness fees, travel expenses, mileage, 3 and other fees required by the service statutes of the state 4 where the witnesses or evidence are located. 5 b. Issue cease and desist or injunctive relief 6 orders to revoke a psychologist’s authority to practice 7 interjurisdictional telepsychology or temporary authorization 8 to practice. 9 c. During the course of any investigation, a psychologist 10 may not change the psychologist’s home state licensure. A 11 home state psychology regulatory authority is authorized to 12 complete any pending investigations of a psychologist and 13 to take any actions appropriate under its law. The home 14 state psychology regulatory authority shall promptly report 15 the conclusions of such investigations to the commission. 16 Once an investigation has been completed, and pending the 17 outcome of said investigation, the psychologist may change the 18 psychologist’s home state licensure. The commission shall 19 promptly notify the new home state of any such decisions as 20 provided in the rules of the commission. All information 21 provided to the commission or distributed by compact states 22 pursuant to the psychologist shall be confidential, filed under 23 seal, and used for investigatory or disciplinary matters. 24 The commission may create additional rules for mandated or 25 discretionary sharing of information by compact states. 26 9. Article IX —— Coordinated licensure information system. 27 a. The commission shall provide for the development and 28 maintenance of a coordinated licensure information system and 29 reporting system containing licensure and disciplinary action 30 information on all psychologists individuals to whom this 31 compact is applicable in all compact states as defined by the 32 rules of the commission. 33 b. Notwithstanding any other provision of state law to the 34 contrary, a compact state shall submit a uniform data set to 35 -28- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 28/ 49
the coordinated database on all licensees as required by the 1 rules of the commission, including all of the following: 2 (1) Identifying information. 3 (2) Licensure data. 4 (3) Significant investigatory information. 5 (4) Adverse actions against a psychologist’s license. 6 (5) An indicator that a psychologist’s authority to 7 practice interjurisdictional telepsychology or temporary 8 authorization to practice is revoked. 9 (6) Nonconfidential information related to alternative 10 program participation information. 11 (7) Any denial of application for licensure, and the reasons 12 for such denial. 13 (8) Other information which may facilitate the 14 administration of this compact, as determined by the rules of 15 the commission. 16 c. The coordinated database administrator shall promptly 17 notify all compact states of any adverse action taken against, 18 or significant investigative information on, any licensee in a 19 compact state. 20 d. Compact states reporting information to the coordinated 21 database may designate information that may not be shared with 22 the public without the express permission of the compact state 23 reporting the information. 24 e. Any information submitted to the coordinated database 25 that is subsequently required to be expunged by the law of the 26 compact state reporting the information shall be removed from 27 the coordinated database. 28 10. Article X —— Establishment of the psychology 29 interjurisdictional compact commission. 30 a. The compact states hereby create and establish a joint 31 public agency known as the psychology interjurisdictional 32 compact commission. 33 (1) The commission is a body politic and an instrumentality 34 of the compact states. 35 -29- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 29/ 49
(2) Venue is proper and judicial proceedings by or against 1 the commission shall be brought solely and exclusively in a 2 court of competent jurisdiction where the principal office of 3 the commission is located. The commission may waive venue and 4 jurisdictional defenses to the extent it adopts or consents to 5 participate in alternative dispute resolution proceedings. 6 (3) Nothing in this compact shall be construed to be a 7 waiver of sovereign immunity. 8 b. Membership, voting, and meetings. 9 (1) The commission shall consist of one voting 10 representative appointed by each compact state who shall serve 11 as that state’s commissioner. The state psychology regulatory 12 authority shall appoint its delegate. This delegate shall be 13 empowered to act on behalf of the compact state. This delegate 14 shall be limited to one of the following: 15 (a) The executive director, executive secretary, or similar 16 executive. 17 (b) A current member of the state psychology regulatory 18 authority of a compact state. 19 (c) A designee empowered with the appropriate delegate 20 authority to act on behalf of the compact state. 21 (2) Any commissioner may be removed or suspended from office 22 as provided by the law of the state from which the commissioner 23 is appointed. Any vacancy occurring in the commission shall 24 be filled in accordance with the laws of the compact state in 25 which the vacancy exists. 26 (3) Each commissioner shall be entitled to one vote with 27 regard to the promulgation of rules and creation of bylaws 28 and shall otherwise have an opportunity to participate in 29 the business and affairs of the commission. A commissioner 30 shall vote in person or by such other means as provided 31 in the bylaws. The bylaws may provide for commissioners’ 32 participation in meetings by telephone or other means of 33 communication. 34 (4) The commission shall meet at least once during each 35 -30- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 30/ 49
calendar year. Additional meetings shall be held as set forth 1 in the bylaws. 2 (5) All meetings shall be open to the public, and public 3 notice of meetings shall be given in the same manner as 4 required under the rulemaking provisions in article XI. 5 (6) The commission may convene in a closed, nonpublic 6 meeting if the commission must discuss any of the following: 7 (a) Noncompliance of a compact state with its obligations 8 under this compact. 9 (b) The employment, compensation, discipline, or other 10 personnel matters, practices, or procedures related to specific 11 employees or other matters related to the commission’s internal 12 personnel practices and procedures. 13 (c) Current, threatened, or reasonably anticipated 14 litigation against the commission. 15 (d) Negotiation of contracts for the purchase or sale of 16 goods, services, or real estate. 17 (e) Accusation against any person of a crime or formal 18 censure of any person. 19 (f) Disclosure of trade secrets or commercial or financial 20 information which is privileged or confidential. 21 (g) Disclosure of information of a personal nature where 22 disclosure would constitute a clearly unwarranted invasion of 23 personal privacy. 24 (h) Disclosure of investigatory records compiled for law 25 enforcement purposes. 26 (i) Disclosure of information related to any investigatory 27 reports prepared by or on behalf of or for use of the 28 commission or other committee charged with responsibility for 29 investigation or determination of compliance issues pursuant 30 to the compact. 31 (j) Matters specifically exempted from disclosure by 32 federal and state statute. 33 (7) If a meeting, or portion of a meeting, is closed 34 pursuant to subparagraph (6), the commission’s legal counsel or 35 -31- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 31/ 49
designee shall certify that the meeting may be closed and shall 1 reference each relevant exempting provision. The commission 2 shall keep minutes which fully and clearly describe all matters 3 discussed in a meeting and shall provide a full and accurate 4 summary of actions taken, of any person participating in the 5 meeting, and the reasons therefore, including a description of 6 the views expressed. All documents considered in connection 7 with an action shall be identified in such minutes. All 8 minutes and documents of a closed meeting shall remain under 9 seal, subject to release only by a majority vote of the 10 commission or order of a court of competent jurisdiction. 11 c. The commission shall, by a majority vote of the 12 commissioners, prescribe bylaws or rules to govern its conduct 13 as may be necessary or appropriate to carry out the purposes 14 and exercise the powers of this compact, including but not 15 limited to or providing for all of the following: 16 (1) Establishing the fiscal year of the commission. 17 (2) Providing reasonable standards and procedures for all 18 of the following: 19 (a) The establishment and meetings of other committees. 20 (b) Governing any general or specific delegation of any 21 authority or function of the commission. 22 (3) Providing reasonable procedures for calling and 23 conducting meetings of the commission, ensuring reasonable 24 advance notice of all meetings and providing an opportunity 25 for attendance of such meetings by interested parties, 26 with enumerated exceptions designed to protect the public’s 27 interest, the privacy of individuals of such proceedings, 28 and proprietary information, including trade secrets. The 29 commission may meet in closed session only after a majority 30 of the commissioners vote to close a meeting to the public in 31 whole or in part. As soon as practicable, the commission shall 32 make public a copy of the vote to close the meeting revealing 33 the vote of each commissioner with no proxy votes allowed. 34 (4) Establishing the titles, duties, and authority and 35 -32- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 32/ 49
reasonable procedures for the election of the officers of the 1 commission. 2 (5) Providing reasonable standards and procedures for the 3 establishment of the personnel policies and programs of the 4 commission. Notwithstanding any civil service or other similar 5 law of any compact state, the bylaws shall exclusively govern 6 the personnel policies and programs of the commission. 7 (6) Promulgating a code of ethics to address permissible and 8 prohibited activities of commission members and employees. 9 (7) Providing a mechanism for concluding the operations of 10 the commission and the equitable disposition of any surplus 11 funds that may exist after the termination of the compact after 12 the payment or reserving of all of its debts and obligations. 13 (8) The commission shall publish its bylaws in a convenient 14 form and file a copy thereof and a copy of any amendment 15 thereto, with the appropriate agency or officer in each of the 16 compact states. 17 (9) The commission shall maintain its financial records in 18 accordance with the bylaws. 19 (10) The commission shall meet and take such actions as are 20 consistent with the provisions of this compact and the bylaws. 21 d. The commission shall have all of the following powers: 22 (1) The authority to promulgate uniform rules to facilitate 23 and coordinate implementation and administration of this 24 compact. The rules shall have the force and effect of law and 25 shall be binding in all compact states. 26 (2) To bring and prosecute legal proceedings or actions in 27 the name of the commission, provided that the standing of any 28 state psychology regulatory authority or other regulatory body 29 responsible for psychology licensure to sue or be sued under 30 applicable law shall not be affected. 31 (3) To purchase and maintain insurance and bonds. 32 (4) To borrow, accept, or contract for services of 33 personnel, including but not limited to employees of a compact 34 state. 35 -33- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 33/ 49
(5) To hire employees, elect or appoint officers, fix 1 compensation, define duties, grant such individuals appropriate 2 authority to carry out the purposes of the compact, and to 3 establish the commission’s personnel policies and programs 4 relating to conflicts of interest, qualifications of personnel, 5 and other related personnel matters. 6 (6) To accept any and all appropriate donations and grants 7 of money, equipment, supplies, materials and services, and to 8 receive, utilize, and dispose of the same; provided that at all 9 times the commission shall strive to avoid any appearance of 10 impropriety or conflict of interest. 11 (7) To lease, purchase, accept appropriate gifts or 12 donations of, or otherwise to own, hold, improve, or use, 13 any property, real, personal, or mixed; provided that at all 14 times the commission shall strive to avoid any appearance of 15 impropriety. 16 (8) To sell, convey, mortgage, pledge, lease, exchange, 17 abandon, or otherwise dispose of any property real, personal, 18 or mixed. 19 (9) To establish a budget and make expenditures. 20 (10) To borrow money. 21 (11) To appoint committees, including advisory committees 22 comprised of members, state regulators, state legislators or 23 their representatives, and consumer representatives, and such 24 other interested persons as may be designated in this compact 25 and the bylaws. 26 (12) To provide and receive information from, and to 27 cooperate with, law enforcement agencies. 28 (13) To adopt and use an official seal. 29 (14) To perform such other functions as may be necessary or 30 appropriate to achieve the purposes of this compact consistent 31 with the state regulation of psychology licensure, temporary 32 in-person, face-to-face practice, and telepsychology practice. 33 e. The executive board. 34 (1) The elected officers shall serve as the executive board, 35 -34- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 34/ 49
which shall have the power to act on behalf of the commission 1 according to the terms of this compact. 2 (2) The executive board shall be comprised of the following 3 six members: 4 (a) Five voting members who are elected from the current 5 membership of the commission by the commission. 6 (b) One ex officio, nonvoting member from the recognized 7 membership organization composed of state and provincial 8 psychology regulatory authorities. 9 (3) The ex officio member must have served as staff or 10 member on a state psychology regulatory authority and shall be 11 selected by its respective organization. 12 (4) The commission may remove any member of the executive 13 board as provided in the bylaws. 14 (5) The executive board shall meet at least annually. 15 (6) The executive board shall have all of the following 16 duties and responsibilities: 17 (a) Recommend to the entire commission changes to the rules 18 or bylaws, changes to this compact legislation, fees paid by 19 compact states such as annual dues, and any other applicable 20 fees. 21 (b) Ensure compact administration services are 22 appropriately provided, contractual or otherwise. 23 (c) Prepare and recommend the budget. 24 (d) Maintain financial records on behalf of the commission. 25 (e) Monitor compact compliance of member states and provide 26 compliance reports to the commission. 27 (f) Establish additional committees as necessary. 28 (g) Other duties as provided in the rules or bylaws. 29 f. Financing of the commission. 30 (1) The commission shall pay, or provide for the payment of, 31 the reasonable expenses of its establishment, organization, and 32 ongoing activities. 33 (2) The commission may accept any and all appropriate 34 revenue sources, donations and grants of money, equipment, 35 -35- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 35/ 49
supplies, materials, and services. 1 (3) The commission may levy on and collect an annual 2 assessment from each compact state or impose fees on other 3 parties to cover the cost of the operations and activities of 4 the commission and its staff which must be in a total amount 5 sufficient to cover its annual budget as approved each year 6 for which revenue is not provided by other sources. The 7 aggregate annual assessment amount shall be allocated based 8 upon a formula to be determined by the commission which shall 9 promulgate a rule binding upon all compact states. 10 (4) The commission shall not incur obligations of any kind 11 prior to securing the funds adequate to meet the same; nor 12 shall the commission pledge the credit of any of the compact 13 states, except by and with the authority of the compact state. 14 (5) The commission shall keep accurate accounts of all 15 receipts and disbursements. The receipts and disbursements of 16 the commission shall be subject to the audit and accounting 17 procedures established under its bylaws. However, all receipts 18 and disbursements of funds handled by the commission shall be 19 audited yearly by a certified or licensed public accountant and 20 the report of the audit shall be included in and become part of 21 the annual report of the commission. 22 g. Qualified immunity, defense, and indemnification. 23 (1) The members, officers, executive director, employees, 24 and representatives of the commission shall be immune from suit 25 and liability, either personally or in their official capacity, 26 for any claim for damage to or loss of property or personal 27 injury or other civil liability caused by or arising out of any 28 actual or alleged act, error, or omission that occurred, or 29 that the person against whom the claim is made had a reasonable 30 basis for believing occurred within the scope of commission 31 employment, duties, or responsibilities; provided that nothing 32 in this subparagraph shall be construed to protect any such 33 person from suit or liability for any damage, loss, injury, 34 or liability caused by the intentional or willful or wanton 35 -36- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 36/ 49
misconduct of that person. 1 (2) The commission shall defend any member, officer, 2 executive director, employee, or representative of the 3 commission in any civil action seeking to impose liability 4 arising out of any actual or alleged act, error, or omission 5 that occurred within the scope of commission employment, 6 duties, or responsibilities, or that the person against 7 whom the claim is made had a reasonable basis for believing 8 occurred within the scope of commission employment, duties, or 9 responsibilities; provided that nothing in this subparagraph 10 shall be construed to prohibit that person from retaining the 11 person’s own counsel; and provided further, that the actual 12 or alleged act, error, or omission did not result from that 13 person’s intentional or willful or wanton misconduct. 14 (3) The commission shall indemnify and hold harmless 15 any member, officer, executive director, employee, or 16 representative of the commission for the amount of any 17 settlement or judgment obtained against that person arising 18 out of any actual or alleged act, error, or omission that 19 occurred within the scope of commission employment, duties, 20 or responsibilities, or that such person had a reasonable 21 basis for believing occurred within the scope of commission 22 employment, duties, or responsibilities, provided that the 23 actual or alleged act, error, or omission did not result from 24 the intentional or willful or wanton misconduct of that person. 25 11. Article XI —— Rulemaking. 26 a. The commission shall exercise its rulemaking powers 27 pursuant to the criteria set forth in this article XI and the 28 rules adopted under this article XI. Rules and amendments 29 shall become binding as of the date specified in each rule or 30 amendment. 31 b. If a majority of the legislatures of the compact states 32 rejects a rule, by enactment of a statute or resolution in the 33 same manner used to adopt this compact, then such rule shall 34 have no further force and effect in any compact state. 35 -37- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 37/ 49
c. Rules or amendments to the rules shall be adopted at a 1 regular or special meeting of the commission. 2 d. Prior to promulgation and adoption of a final rule or 3 rules by the commission, and at least sixty days in advance 4 of the meeting at which the rule will be considered and voted 5 upon, the commission shall file a notice of proposed rulemaking 6 on both of the following: 7 (1) On the internet site of the commission. 8 (2) On the internet site of each compact state’s psychology 9 regulatory authority or the publication in which each state 10 would otherwise publish proposed rules. 11 e. The notice of proposed rulemaking shall include all of 12 the following: 13 (1) The proposed time, date, and location of the meeting in 14 which the rule will be considered and voted upon. 15 (2) The text of the proposed rule or amendment and the 16 reason for the proposed rule. 17 (3) A request for comments on the proposed rule from any 18 interested person. 19 (4) The manner in which interested persons may submit notice 20 to the commission of their intention to attend the public 21 hearing and any written comments. 22 f. Prior to adoption of a proposed rule, the commission 23 shall allow persons to submit written data, facts, opinions, 24 and arguments, which shall be made available to the public. 25 g. The commission shall grant an opportunity for a public 26 hearing before it adopts a rule or amendment if a hearing is 27 requested by any of the following: 28 (1) At least twenty-five persons who submit comments 29 independently of each other. 30 (2) A governmental subdivision or agency. 31 (3) A duly appointed person in an association that has at 32 least twenty-five members. 33 h. If a hearing is held on the proposed rule or amendment, 34 the commission shall publish the place, time, and date of the 35 -38- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 38/ 49
scheduled public hearing. 1 (1) All persons wishing to be heard at the hearing shall 2 notify the executive director of the commission or other 3 designated member in writing of their desire to appear and 4 testify at the hearing not less than five business days before 5 the scheduled date of the hearing. 6 (2) Hearings shall be conducted in a manner providing each 7 person who wishes to comment a fair and reasonable opportunity 8 to comment orally or in writing. 9 (3) No transcript of the hearing is required, unless 10 a written request for a transcript is made, in which case 11 the person requesting the transcript shall bear the cost of 12 producing the transcript. A recording may be made in lieu of a 13 transcript under the same terms and conditions as a transcript. 14 This subparagraph shall not preclude the commission from making 15 a transcript or recording of the hearing if it so chooses. 16 (4) Nothing in this article shall be construed as requiring 17 a separate hearing on each rule. Rules may be grouped for the 18 convenience of the commission at hearings required by this 19 article. 20 i. Following the scheduled hearing date, or by the close 21 of business on the scheduled hearing date if the hearing was 22 not held, the commission shall consider all written and oral 23 comments received. 24 j. The commission shall, by majority vote of all members, 25 take final action on the proposed rule and shall determine the 26 effective date of the rule, if any, based on the rulemaking 27 record and the full text of the rule. 28 k. If no written notice of intent to attend the public 29 hearing by interested parties is received, the commission may 30 proceed with promulgation of the proposed rule without a public 31 hearing. 32 l. Upon determination that an emergency exists, the 33 commission may consider and adopt an emergency rule without 34 prior notice, opportunity for comment, or hearing, provided 35 -39- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 39/ 49
that the usual rulemaking procedures provided in this compact 1 and in this article shall be retroactively applied to the rule 2 as soon as reasonably possible, in no event later than ninety 3 days after the effective date of the rule. For the purposes of 4 this paragraph, an emergency rule is one that must be adopted 5 immediately in order to address any of the following: 6 (1) Meet an imminent threat to public health, safety, or 7 welfare. 8 (2) Prevent a loss of commission or compact state funds. 9 (3) Meet a deadline for the promulgation of an 10 administrative rule that is established by federal law or rule. 11 (4) Protect public health and safety. 12 m. The commission or an authorized committee of the 13 commission may direct revisions to a previously adopted rule 14 or amendment for purposes of correcting typographical errors, 15 errors in format, errors in consistency, or grammatical errors. 16 Public notice of any revisions shall be posted on the website 17 of the commission. The revision shall be subject to challenge 18 by any person for a period of thirty days after posting. The 19 revision may be challenged only on grounds that the revision 20 results in a material change to a rule. A challenge shall be 21 made in writing, and delivered to the chair of the commission 22 prior to the end of the notice period. If no challenge is 23 made, the revision will take effect without further action. If 24 the revision is challenged, the revision shall not take effect 25 without the approval of the commission. 26 12. Article XII —— Oversight, dispute resolution, and 27 enforcement. 28 a. Oversight. 29 (1) The executive, legislative, and judicial branches 30 of state government in each compact state shall enforce this 31 compact and take all actions necessary and appropriate to 32 effectuate this compact’s purposes and intent. The provisions 33 of this compact and the rules promulgated under this compact 34 shall have standing as statutory law. 35 -40- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 40/ 49
(2) All courts shall take judicial notice of this compact 1 and the rules in any judicial or administrative proceeding in a 2 compact state pertaining to the subject matter of this compact 3 which may affect the powers, responsibilities, or actions of 4 the commission. 5 (3) The commission shall be entitled to receive service 6 of process in any such proceeding, and shall have standing to 7 intervene in such a proceeding for all purposes. Failure to 8 provide service of process to the commission shall render a 9 judgment or order void as to the commission, this compact, or 10 promulgated rules. 11 b. Default, technical assistance, and termination. 12 (1) If the commission determines that a compact state 13 has defaulted in the performance of its obligations or 14 responsibilities under this compact or the promulgated rules, 15 the commission shall do all of the following: 16 (a) Provide written notice to the defaulting state and other 17 compact states of the nature of the default, the proposed means 18 of remedying the default, or any other action to be taken by 19 the commission. 20 (b) Provide remedial training and specific technical 21 assistance regarding the default. 22 (2) If a state in default fails to remedy the default, the 23 defaulting state may be terminated from this compact upon an 24 affirmative vote of a majority of the compact states, and all 25 rights, privileges, and benefits conferred by this compact 26 shall be terminated on the effective date of termination. A 27 remedy of the default does not relieve the offending state 28 of obligations or liabilities incurred during the period of 29 default. 30 (3) Termination of membership in this compact shall be 31 imposed only after all other means of securing compliance have 32 been exhausted. Notice of intent to suspend or terminate shall 33 be submitted by the commission to the governor, the majority 34 and minority leaders of the defaulting state’s legislature, and 35 -41- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 41/ 49
each of the compact states. 1 (4) A compact state which has been terminated is 2 responsible for all assessments, obligations, and liabilities 3 incurred through the effective date of termination, including 4 obligations which extend beyond the effective date of 5 termination. 6 (5) The commission shall not bear any costs incurred by 7 the state which is found to be in default or which has been 8 terminated from this compact, unless agreed upon in writing 9 between the commission and the defaulting state. 10 (6) The defaulting state may appeal the action of the 11 commission by petitioning the United States district court for 12 the state of Georgia or the federal district where the compact 13 has its principal offices. The prevailing member shall be 14 awarded all costs of such litigation, including reasonable 15 attorney fees. 16 c. Dispute resolution. 17 (1) Upon request by a compact state, the commission shall 18 attempt to resolve disputes related to this compact which arise 19 among compact states and between compact and noncompact states. 20 (2) The commission shall promulgate a rule providing for 21 both mediation and binding dispute resolution for disputes that 22 arise before the commission. 23 d. Enforcement. 24 (1) The commission, in the reasonable exercise of its 25 discretion, shall enforce the provisions and rules of this 26 compact. 27 (2) By majority vote, the commission may initiate legal 28 action in the United States district court for the state 29 of Georgia or the federal district where the compact has 30 its principal offices against a compact state in default to 31 enforce compliance with the provisions of the compact and its 32 promulgated rules and bylaws. The relief sought may include 33 both injunctive relief and damages. In the event judicial 34 enforcement is necessary, the prevailing member shall be 35 -42- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 42/ 49
awarded all costs of such litigation, including reasonable 1 attorney’s fees. 2 (3) The remedies in this article shall not be the exclusive 3 remedies of the commission. The commission may pursue any 4 other remedies available under federal or state law. 5 13. Article XIII —— Date of implementation of the psychology 6 interjurisdictional compact commission and associated rules, 7 withdrawal, and amendments. 8 a. This compact shall come into effect on the date on which 9 the compact is enacted into law in the seventh compact state. 10 The provisions which become effective at that time shall be 11 limited to the powers granted to the commission relating to 12 assembly and the promulgation of rules. Thereafter, the 13 commission shall meet and exercise rulemaking powers necessary 14 to the implementation and administration of this compact. 15 b. Any state which joins the compact subsequent to the 16 commission’s initial adoption of the rules shall be subject 17 to the rules as they exist on the date on which the compact 18 becomes law in that state. Any rule which has been previously 19 adopted by the commission shall have the full force and effect 20 of law on the day the compact becomes law in that state. 21 c. Any compact state may withdraw from this compact by 22 enacting a statute repealing the compact. 23 (1) A compact state’s withdrawal shall not take effect until 24 six months after enactment of the repealing statute. 25 (2) Withdrawal shall not affect the continuing requirement 26 of the withdrawing state’s psychology regulatory authority to 27 comply with the investigative and adverse action reporting 28 requirements of this compact prior to the effective date of 29 withdrawal. 30 d. Nothing contained in this compact shall be construed to 31 invalidate or prevent any psychology licensure agreement or 32 other cooperative arrangement between a compact state and a 33 noncompact state which does not conflict with the provisions of 34 this compact. 35 -43- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 43/ 49
e. This compact may be amended by the compact states. No 1 amendment to this compact shall become effective and binding 2 upon any compact state until it is enacted into the law of all 3 compact states. 4 14. Article XIV —— Construction and severability. This 5 compact shall be liberally construed so as to effectuate the 6 purposes thereof. If this compact shall be held contrary to 7 the constitution of any compact state, the compact shall remain 8 in full force and effect as to the remaining compact states. 9 DIVISION IX 10 EDUCATIONAL REQUIREMENTS 11 Sec. 27. LEGISLATIVE INTENT. It is the intent of the 12 general assembly to do all of the following: 13 1. Prioritize and expand children’s participation in youth 14 sports and active play. 15 2. Promote the physical, mental, and civic benefits of daily 16 movement, exercise, and good nutrition. 17 Sec. 28. Section 256.9, Code 2026, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 80. Develop and distribute to school 20 districts, charter schools, and innovation zone schools a model 21 cocurricular or extracurricular activity contract that, if 22 executed, would satisfy a school district’s, charter school’s, 23 or innovation zone school’s responsibilities under section 24 279.89. 25 Sec. 29. Section 256.11, subsection 3, paragraph a, 26 subparagraph (6), Code 2026, is amended to read as follows: 27 (6) Physical education. Each student shall be required to 28 participate in physical education for at least thirty minutes 29 during each school day. The physical education curriculum 30 shall include an assessment of the physical fitness of students 31 who are physically able using the presidential physical fitness 32 test. 33 Sec. 30. Section 256.11, subsection 4, paragraph a, 34 subparagraph (8), Code 2026, is amended to read as follows: 35 -44- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 44/ 49
(8) Physical education. Each student shall be required to 1 participate in physical education for at least thirty minutes 2 during each school day. The physical education curriculum 3 shall include an assessment of the physical fitness of students 4 who are physically able using the presidential physical fitness 5 test. 6 Sec. 31. Section 256.11, subsection 5, paragraph g, Code 7 2026, is amended to read as follows: 8 g. (1) All students physically able shall be required 9 to participate in a minimum of one-eighth unit of physical 10 education activities during each semester they are enrolled in 11 school except as otherwise provided in this paragraph. The 12 physical education activities must satisfy all of the following 13 requirements: 14 (a) Emphasize leisure time activities which will benefit 15 the student outside the school environment and after graduation 16 from high school. 17 (b) Include an assessment of the physical fitness of 18 students who are physically able using the presidential 19 physical fitness test. 20 (2) (a) A student who meets the requirements of this 21 paragraph subparagraph shall be excused from the physical 22 education activities requirement under subparagraph (1) by the 23 principal of the school in which the student is enrolled if 24 the parent or guardian of the student requests in writing that 25 the student be excused from the physical education activities 26 requirement. A student who wishes to be excused from the 27 physical education activities requirement must be seeking to be 28 excused in order to enroll in academic courses not otherwise 29 available to the student, or be enrolled or participating in 30 any of the following: 31 (a) (i) A work-based learning program or other educational 32 program authorized by the school which requires the student to 33 leave the school premises for specified periods of time during 34 the school day. 35 -45- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 45/ 49
(b) (ii) An activity that is sponsored by the school in 1 which the student is enrolled which requires at least as much 2 physical activity per week as one-eighth unit of physical 3 education activities . 4 (2) (b) The principal of the school shall inform the 5 superintendent of the school district or nonpublic school that 6 the student has been excused. Physical education activities 7 shall emphasize leisure time activities which will benefit the 8 student outside the school environment and after graduation 9 from high school. 10 (3) A student who is enrolled in a junior reserve officers’ 11 training corps shall not be required to participate in physical 12 education activities under subparagraph (1) or to meet the 13 physical activity requirements of subsection 6 , paragraph 14 “b” , subparagraph (2), but shall receive one-eighth unit of 15 physical education activities credit for each semester, or the 16 equivalent, of junior reserve officers’ training corps the 17 student completes. 18 Sec. 32. Section 256.11, subsection 6, paragraph b, 19 subparagraph (1), Code 2026, is amended to read as follows: 20 (1) All In addition to the physical education curriculum 21 required under subsection 3, physically able students in 22 kindergarten through grade five shall be required to engage in 23 a physical activity for a minimum of thirty one hundred twenty 24 minutes per school day week . 25 Sec. 33. Section 256.11, subsection 6, paragraph b, Code 26 2026, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (02) All physically able students in 28 grades six through eight shall be required to engage in a 29 physical activity for a a minimum of one hundred twenty minutes 30 per week. 31 Sec. 34. Section 256E.7, subsection 2, paragraph h, Code 32 2026, is amended by adding the following new subparagraph: 33 NEW SUBPARAGRAPH . (02) The educational standards of 34 section 256.11 relating to the physical education and physical 35 -46- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 46/ 49
activity requirements for students enrolled in grades one 1 through twelve. 2 Sec. 35. Section 256E.7, subsection 2, Code 2026, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . 0s. Be subject to and comply with 5 the requirements of section 279.89 relating to required 6 participation of students enrolled in grades nine through 7 twelve in at least one cocurricular or extracurricular activity 8 as a condition of graduation. 9 Sec. 36. Section 256F.4, subsection 2, Code 2026, is amended 10 by adding the following new paragraphs: 11 NEW PARAGRAPH . 0q. Be subject to and comply with the 12 requirements of section 256.11 relating to the physical 13 education and physical activity requirements for students 14 enrolled in grades one through twelve in the same manner as a 15 school district. 16 NEW PARAGRAPH . 0s. Be subject to and comply with 17 the requirements of section 279.89 relating to required 18 participation of students enrolled in grades nine through 19 twelve in at least one cocurricular or extracurricular activity 20 as a condition of graduation. 21 Sec. 37. NEW SECTION . 279.89 Required participation in a 22 cocurricular or extracurricular activity. 23 1. For purposes of this section: 24 a. “Cocurricular activity” means any school-supervised 25 activity that occurs outside of the traditional classroom 26 setting and that complements the regular curriculum. 27 “Cocurricular activity” includes but is not limited to all of 28 the following: 29 (1) Student government. 30 (2) Theater. 31 (3) Yearbook. 32 (4) Involvement with the national FFA organization. 33 (5) Competitive mathematics. 34 b. “Extracurricular activity” means any school-supervised 35 -47- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 47/ 49
activity that occurs outside of the traditional classroom 1 setting and that does not directly complement the regular 2 curriculum. “Extracurricular activity” includes but is not 3 limited to all of the following: 4 (1) Athletic contests or competitions. 5 (2) Dance. 6 (3) Band. 7 (4) Show choir. 8 (5) Robotics. 9 (6) Debate. 10 (7) Scouting programs. 11 (8) Youth groups. 12 2. a. The board of directors of each school district 13 shall require that all students enrolled in grades nine 14 through twelve participate in at least one cocurricular or 15 extracurricular activity as a condition of graduation. 16 b. The board of directors of each school district shall 17 require all students participating in a cocurricular or 18 extracurricular activity pursuant to paragraph “a” , the 19 student’s parent or guardian, and the principal of the 20 attendance center that the student attends to enter into 21 a cocurricular or extracurricular activity contract that 22 describes the activity in which the student will participate, 23 an estimate of the amount of time the student will devote to 24 the activity each week, and when such activity takes place 25 during the school year. 26 3. The state board of education shall adopt rules pursuant 27 to chapter 17A to administer this section. 28 Sec. 38. STATE MANDATE FUNDING SPECIFIED. In accordance 29 with section 25B.2, subsection 3, the state cost of requiring 30 compliance with any state mandate included in this division 31 of this Act shall be paid by a school district from state 32 school foundation aid received by the school district under 33 section 257.16. This specification of the payment of the state 34 cost shall be deemed to meet all of the state funding-related 35 -48- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 48/ 49
requirements of section 25B.2, subsection 3, and no additional 1 state funding shall be necessary for the full implementation of 2 this division of this Act by and enforcement of this division 3 of this Act against all affected school districts. > 4 2. Title page, by striking lines 1 through 3 and inserting 5 < An Act relating to health-related matters, including 6 health-related professions, nutrition, medication, and 7 education, and including applicability provisions. > 8 ______________________________ KARA WARME -49- SF 2367.3178 (2) 91 amending this SF 2367 to CONFORM to HF 2676 dg/ko 49/ 49 #2.