Senate File 244 - Introduced SENATE FILE 244 BY ZAUN (COMPANION TO HF 24 BY BERGAN) A BILL FOR An Act adopting the psychology interjurisdictional compact. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1187XS (1) 90 pf/rh

S.F. 244 Section 1. NEW SECTION . 147G.1 Psychology 1 interjurisdictional compact. 2 The psychology interjurisdictional compact is enacted into 3 law and entered into by this state with all states legally 4 joining in the compact in the form substantially as follows: 5 1. Article I —— Purpose. 6 a. The party states find that: 7 (1) States license psychologists, in order to protect 8 the public through verification of education, training, 9 and experience, and ensure accountability for professional 10 practice. 11 (2) This compact is intended to regulate the day-to-day 12 practice of telepsychology, in which psychological services are 13 provided using telecommunication technologies, by psychologists 14 across state boundaries in the performance of their 15 psychological practice as assigned by an appropriate authority. 16 (3) This compact is intended to regulate the temporary 17 in-person, face-to-face practice of psychology by psychologists 18 across state boundaries for thirty days within a calendar year 19 in the performance of their psychological practice as assigned 20 by an appropriate authority. 21 (4) This compact is intended to authorize state psychology 22 regulatory authorities to afford legal recognition, in a manner 23 consistent with the terms of the compact, to psychologists 24 licensed in another state. 25 (5) This compact recognizes that states have a vested 26 interest in protecting the public’s health and safety through 27 their licensing and regulation of psychologists and that such 28 state regulation will best protect public health and safety. 29 (6) This compact does not apply when a psychologist is 30 licensed in both the home and receiving states. 31 (7) This compact does not apply to permanent in-person, 32 face-to-face practice, but it does allow for authorization of 33 temporary psychological practice. 34 b. Consistent with these principles, this compact is 35 -1- LSB 1187XS (1) 90 pf/rh 1/ 31

S.F. 244 designed to achieve the following purposes and objectives: 1 (1) Increase public access to professional psychological 2 services by allowing for telepsychological practice across 3 state lines as well as temporary in-person, face-to-face 4 services into a state in which the psychologist is not licensed 5 to practice psychology. 6 (2) Enhance the states’ ability to protect the public’s 7 health and safety, especially client-patient safety. 8 (3) Encourage the cooperation of compact states in the areas 9 of psychology licensure and regulation. 10 (4) Facilitate the exchange of information between compact 11 states regarding psychologist licensure, adverse actions, and 12 disciplinary history. 13 (5) Promote compliance with the laws governing 14 psychological practice in each compact state. 15 (6) Invest all compact states with the authority to 16 hold licensed psychologists accountable through the mutual 17 recognition of compact state licenses. 18 2. Article II —— Definitions. 19 a. “Adverse action” means any action taken by a state 20 psychology regulatory authority which finds a violation 21 of a statute or regulation that is identified by the state 22 psychology regulatory authority as discipline and is a matter 23 of public record. 24 b. “Association of state and provincial psychology boards” 25 means the recognized membership organization composed of state 26 and provincial psychology regulatory authorities responsible 27 for the licensure and registration of psychologists throughout 28 the United States and Canada. 29 c. “Authority to practice interjurisdictional telepsychology” 30 means a licensed psychologist’s authority to practice 31 telepsychology, within the limits authorized under this 32 compact, in another compact state. 33 d. “Bylaws” means those bylaws established by the psychology 34 interjurisdictional compact commission pursuant to article 35 -2- LSB 1187XS (1) 90 pf/rh 2/ 31

S.F. 244 X for its governance, or for directing and controlling its 1 actions and conduct. 2 e. “Client-patient” means the recipient of psychological 3 services, whether psychological services are delivered in the 4 context of health care, corporate, supervision, or consulting 5 services. 6 f. “Commissioner” means the voting representative appointed 7 by each state psychology regulatory authority pursuant to 8 article X. 9 g. “Compact state” means a state, the District of Columbia, 10 or United States territory that has enacted this compact 11 legislation and which has not withdrawn pursuant to article 12 XIII, or been terminated pursuant to article XII. 13 h. “Confidentiality” means the principle that data or 14 information is not made available or disclosed to unauthorized 15 persons or processes. 16 i. “Coordinated licensure information system” or “coordinated 17 database” means an integrated process for collecting, storing, 18 and sharing information on psychologists’ licensure and 19 enforcement activities related to psychology licensure laws, 20 which is administered by the recognized membership organization 21 composed of state and provincial psychology regulatory 22 authorities. 23 j. “Day” means any part of a day in which psychological work 24 is performed. 25 k. “Distant state” means the compact state where a 26 psychologist is physically present, not through the use 27 of telecommunications technologies, to provide temporary 28 in-person, face-to-face psychological services. 29 l. “E.Passport” means a certificate issued by the 30 association of state and provincial psychology boards 31 that promotes the standardization in the criteria of 32 interjurisdictional telepsychology practice and facilitates the 33 process for licensed psychologists to provide telepsychological 34 services across state lines. 35 -3- LSB 1187XS (1) 90 pf/rh 3/ 31

S.F. 244 m. “Executive board” means a group of directors elected or 1 appointed to act on behalf of, and within the powers granted to 2 them by, the commission. 3 n. “Home state” means a compact state where a psychologist 4 is licensed to practice psychology. If the psychologist is 5 licensed in more than one compact state and is practicing 6 under the authorization to practice interjurisdictional 7 telepsychology, the home state is the compact state where the 8 psychologist is physically present when the telepsychological 9 services are delivered. If the psychologist is licensed 10 in more than one compact state and is practicing under the 11 temporary authorization to practice, the home state is any 12 compact state where the psychologist is licensed. 13 o. “Identity history summary” means a summary of information 14 retained by the federal bureau of investigation (FBI), or other 15 designee with similar authority, in connection with arrests 16 and, in some instances, federal employment, naturalization, or 17 military service. 18 p. “In-person, face-to-face” means interactions in which the 19 psychologist and the client-patient are in the same physical 20 space and which does not include interactions that may occur 21 through the use of telecommunication technologies. 22 q. “Interjurisdictional practice certificate” or “IPC” 23 means a certificate issued by the association of state and 24 provincial psychology boards that grants temporary authority 25 to practice based on notification to the state psychology 26 regulatory authority of intention to practice temporarily, and 27 verification of one’s qualifications for such practice. 28 r. “License” means authorization by a state psychology 29 regulatory authority to engage in the independent practice of 30 psychology, which would be unlawful without the authorization. 31 s. “Noncompact state” means any state which is not at the 32 time a compact state. 33 t. “Psychologist” means an individual licensed for the 34 independent practice of psychology. 35 -4- LSB 1187XS (1) 90 pf/rh 4/ 31

S.F. 244 u. “Psychology interjurisdictional compact commission” or 1 “commission” means the national administration of which all 2 compact states are members. 3 v. “Receiving state” means a compact state where the 4 client-patient is physically located when the telepsychological 5 services are delivered. 6 w. “Rule” means a written statement by the psychology 7 interjurisdictional compact commission promulgated pursuant 8 to article XI that is of general applicability, implements, 9 interprets, or prescribes a policy or provision of this 10 compact, or an organizational, procedural, or practice 11 requirement of the commission and has the force and effect of 12 statutory law in a compact state, and includes the amendment, 13 repeal, or suspension of an existing rule. 14 x. “Significant investigatory information” means any of the 15 following: 16 (1) Investigative information that a state psychology 17 regulatory authority, after a preliminary inquiry that includes 18 notification and an opportunity to respond if required by state 19 law, has reason to believe, if proven true, would indicate more 20 than a violation of state statute or ethics code that would be 21 considered more substantial than a minor infraction. 22 (2) Investigative information that indicates that the 23 psychologist represents an immediate threat to public health 24 and safety regardless of whether the psychologist has been 25 notified or had an opportunity to respond. 26 y. “State” means a state, commonwealth, territory, or 27 possession of the United States, or the District of Columbia. 28 z. “State psychology regulatory authority” means the board, 29 office, or other agency with the legislative mandate to license 30 and regulate the practice of psychology. 31 aa. “Telepsychology” means the provision of psychological 32 services using telecommunication technologies. 33 ab. “Temporary authorization to practice” means a licensed 34 psychologist’s authority to conduct temporary in-person, 35 -5- LSB 1187XS (1) 90 pf/rh 5/ 31

S.F. 244 face-to-face practice, within the limits authorized under this 1 compact, in another compact state. 2 ac. “Temporary in-person, face-to-face practice” means where 3 a psychologist is physically present, not through the use 4 of telecommunications technologies, in the distant state to 5 provide for the practice of psychology for thirty days within a 6 calendar year and based on notification to the distant state. 7 3. Article III —— Home state licensure. 8 a. The home state shall be a compact state where a 9 psychologist is licensed to practice psychology. 10 b. A psychologist may hold one or more compact state 11 licenses at a time. If the psychologist is licensed in more 12 than one compact state, the home state is the compact state 13 where the psychologist is physically present when the services 14 are delivered as authorized by the authority to practice 15 interjurisdictional telepsychology under the terms of this 16 compact. 17 c. Any compact state may require a psychologist not 18 previously licensed in a compact state to obtain and retain 19 a license to be authorized to practice in the compact state 20 under circumstances not authorized by the authority to practice 21 interjurisdictional telepsychology under the terms of this 22 compact. 23 d. Any compact state may require a psychologist to obtain 24 and retain a license to be authorized to practice in a 25 compact state under circumstances not authorized by temporary 26 authorization to practice under the terms of this compact. 27 e. A home state’s license authorizes a psychologist to 28 practice in a receiving state under the authority to practice 29 interjurisdictional telepsychology only if the compact state 30 meets all of the following requirements: 31 (1) Currently requires the psychologist to hold an active 32 E.Passport. 33 (2) Has a mechanism in place for receiving and investigating 34 complaints about licensed individuals. 35 -6- LSB 1187XS (1) 90 pf/rh 6/ 31

S.F. 244 (3) Notifies the commission, in compliance with the terms 1 herein, of any adverse action or significant investigatory 2 information regarding a licensed individual. 3 (4) Requires an identity history summary of all applicants 4 at initial licensure, including the use of the results of 5 fingerprints or other biometric data checks compliant with the 6 requirements of the federal bureau of investigation (FBI), or 7 other designee with similar authority, no later than ten years 8 after activation of the this compact. 9 (5) Complies with the bylaws and rules of the commission. 10 f. A home state’s license grants temporary authorization 11 to practice to a psychologist in a distant state only if the 12 compact state meets all of the following requirements: 13 (1) Currently requires the psychologist to hold an active 14 IPC. 15 (2) Has a mechanism in place for receiving and investigating 16 complaints about licensed individuals. 17 (3) Notifies the commission, in compliance with the terms 18 herein, of any adverse action or significant investigatory 19 information regarding a licensed individual. 20 (4) Requires an identity history summary of all applicants 21 at initial licensure, including the use of the results of 22 fingerprints or other biometric data checks compliant with the 23 requirements of the federal bureau of investigation (FBI), or 24 other designee with similar authority, no later than ten years 25 after activation of this compact. 26 (5) Complies with the bylaws and rules of the commission. 27 4. Article IV —— Compact privilege to practice 28 telepsychology. 29 a. Compact states shall recognize the right of a 30 psychologist, licensed in a compact state in conformance with 31 article III, to practice telepsychology in receiving states in 32 which the psychologist is not licensed, under the authority to 33 practice interjurisdictional telepsychology as provided in this 34 compact. 35 -7- LSB 1187XS (1) 90 pf/rh 7/ 31

S.F. 244 b. To exercise the authority to practice interjurisdictional 1 telepsychology under the terms and provisions of this compact, 2 a psychologist licensed to practice in a compact state shall 3 meet all of the following requirements: 4 (1) Hold a graduate degree in psychology from an institution 5 of higher education that was either of the following, at the 6 time the degree was awarded: 7 (a) Regionally accredited by an accrediting body recognized 8 by the United States department of education to grant graduate 9 degrees, or authorized by provincial statute or royal charter 10 to grant doctoral degrees. 11 (b) A foreign college or university deemed to be equivalent 12 to subparagraph (1), subparagraph division (a), by a foreign 13 credential evaluation service that is a member of the national 14 association of credential evaluation services or by a 15 recognized foreign credential evaluation service. 16 (2) Hold a graduate degree in psychology that meets all of 17 the following criteria: 18 (a) The program, wherever it may be administratively 19 housed, must be clearly identified and labeled as a 20 psychology program. Such a program must specify in pertinent 21 institutional catalogues and brochures its intent to educate 22 and train professional psychologists. 23 (b) The psychology program must stand as a recognizable, 24 coherent, organizational entity within the institution. 25 (c) There must be a clear authority and primary 26 responsibility for the core and specialty areas whether or not 27 the program cuts across administrative lines. 28 (d) The program must consist of an integrated, organized 29 sequence of study. 30 (e) There must be an identifiable psychology 31 faculty sufficient in size and breadth to carry out its 32 responsibilities. 33 (f) The designated director of the program must be a 34 psychologist and a member of the core faculty. 35 -8- LSB 1187XS (1) 90 pf/rh 8/ 31

S.F. 244 (g) The program must have an identifiable body of students 1 who are matriculated in that program for a degree. 2 (h) The program must include supervised practicum, 3 internship, or field training appropriate to the practice of 4 psychology. 5 (i) The curriculum shall encompass a minimum of three 6 academic years of full-time graduate study for doctoral degrees 7 and a minimum of one academic year of full-time graduate study 8 for master’s degrees. 9 (j) The program includes an acceptable residency as defined 10 by the rules of the commission. 11 (3) Possess a current, full, and unrestricted license to 12 practice psychology in a home state which is a compact state. 13 (4) Have no history of adverse action that violates the 14 rules of the commission. 15 (5) Have no criminal record history reported on an identity 16 history summary that violates the rules of the commission. 17 (6) Possess a current, active E.Passport. 18 (7) Provide attestations in regard to areas of intended 19 practice, conformity with standards of practice, competence in 20 telepsychology technology; criminal background; and knowledge 21 and adherence to legal requirements in the home and receiving 22 states, and provide a release of information to allow for 23 primary source verification in a manner specified by the 24 commission. 25 (8) Meet other criteria as defined by the rules of the 26 commission. 27 c. The home state maintains authority over the license of 28 any psychologist practicing into a receiving state under the 29 authority to practice interjurisdictional telepsychology. 30 d. A psychologist practicing into a receiving state under 31 the authority to practice interjurisdictional telepsychology 32 shall be subject to the receiving state’s scope of practice. 33 A receiving state may, in accordance with that state’s due 34 process law, limit or revoke a psychologist’s authority to 35 -9- LSB 1187XS (1) 90 pf/rh 9/ 31

S.F. 244 practice interjurisdictional telepsychology in the receiving 1 state and may take any other necessary actions under the 2 receiving state’s applicable law to protect the health and 3 safety of the receiving state’s citizens. If a receiving state 4 takes action, the state shall promptly notify the home state 5 and the commission. 6 e. If a psychologist’s license in any home state or another 7 compact state, or any authority to practice interjurisdictional 8 telepsychology in any receiving state, is restricted, 9 suspended, or otherwise limited, the E.Passport shall be 10 revoked and the psychologist shall not be eligible to practice 11 telepsychology in a compact state under the authority to 12 practice interjurisdictional telepsychology. 13 5. Article V —— Compact temporary authorization to practice. 14 a. Compact states shall also recognize the right of a 15 psychologist, licensed in a compact state in conformance with 16 article III, to practice temporarily in distant states in which 17 the psychologist is not licensed, as provided in this compact. 18 b. To exercise the temporary authorization to practice 19 under the terms and provisions of this compact, a psychologist 20 licensed to practice in a compact state shall meet all of the 21 following requirements: 22 (1) Hold a graduate degree in psychology from an institution 23 of higher education that was either of the following, at the 24 time the degree was awarded: 25 (a) Regionally accredited by an accrediting body recognized 26 by the United States department of education to grant graduate 27 degrees, or authorized by provincial statute or royal charter 28 to grant doctoral degrees. 29 (b) A foreign college or university deemed to be equivalent 30 to subparagraph (1), subparagraph division (a), by a foreign 31 credential evaluation service that is a member of the national 32 association of credential evaluation services or by a 33 recognized foreign credential evaluation service. 34 (2) Hold a graduate degree in psychology that meets all of 35 -10- LSB 1187XS (1) 90 pf/rh 10/ 31

S.F. 244 the following criteria: 1 (a) The program, wherever it may be administratively 2 housed, must be clearly identified and labeled as a 3 psychology program. Such a program must specify in pertinent 4 institutional catalogues and brochures its intent to educate 5 and train professional psychologists. 6 (b) The psychology program must stand as a recognizable, 7 coherent, organizational entity within the institution. 8 (c) There must be a clear authority and primary 9 responsibility for the core and specialty areas whether or not 10 the program cuts across administrative lines. 11 (d) The program must consist of an integrated, organized 12 sequence of study. 13 (e) There must be an identifiable psychology 14 faculty sufficient in size and breadth to carry out its 15 responsibilities. 16 (f) The designated director of the program must be a 17 psychologist and a member of the core faculty. 18 (g) The program must have an identifiable body of students 19 who are matriculated in that program for a degree. 20 (h) The program must include supervised practicum, 21 internship, or field training appropriate to the practice of 22 psychology. 23 (i) The curriculum shall encompass a minimum of three 24 academic years of full-time graduate study for doctoral degrees 25 and a minimum of one academic year of full-time graduate study 26 for master’s degrees. 27 (j) The program includes an acceptable residency as defined 28 by the rules of the commission. 29 (3) Possess a current, full, and unrestricted license to 30 practice psychology in a home state which is a compact state. 31 (4) Have no history of adverse action that violates the 32 rules of the commission. 33 (5) Have no criminal record history that violates the rules 34 of the commission. 35 -11- LSB 1187XS (1) 90 pf/rh 11/ 31

S.F. 244 (6) Possess a current, active IPC. 1 (7) Provide attestations in regard to areas of intended 2 practice and work experience and provide a release of 3 information to allow for primary source verification in a 4 manner specified by the commission. 5 (8) Meet other criteria as defined by the rules of the 6 commission. 7 c. A psychologist practicing into a distant state under the 8 temporary authorization to practice shall practice within the 9 scope of practice authorized by the distant state. 10 d. A psychologist practicing into a distant state under the 11 temporary authorization to practice shall be subject to the 12 distant state’s authority and law. A distant state may, in 13 accordance with that state’s due process law, limit or revoke 14 a psychologist’s temporary authorization to practice in the 15 distant state and may take any other necessary actions under 16 the distant state’s applicable law to protect the health and 17 safety of the distant state’s citizens. If a distant state 18 takes action, the state shall promptly notify the home state 19 and the commission. 20 e. If a psychologist’s license in any home state, another 21 compact state, or any temporary authorization to practice in 22 any distant state, is restricted, suspended, or otherwise 23 limited, the IPC shall be revoked and the psychologist shall 24 not be eligible to practice in a compact state under the 25 temporary authorization to practice. 26 6. Article VI —— Conditions of telepsychology practice in a 27 receiving state. 28 a. A psychologist may practice in a receiving state under 29 the authority to practice interjurisdictional telepsychology 30 only in the performance of the scope of practice for psychology 31 as assigned by an appropriate state psychology regulatory 32 authority, as defined in the rules of the commission, and under 33 the following circumstances: 34 (1) The psychologist initiates a client-patient contact 35 -12- LSB 1187XS (1) 90 pf/rh 12/ 31

S.F. 244 in a home state via telecommunications technologies with a 1 client-patient in a receiving state. 2 (2) Other conditions regarding telepsychology as determined 3 by rules promulgated by the commission. 4 7. Article VII —— Adverse actions. 5 a. A home state shall have the power to impose adverse 6 action against a psychologist’s license issued by the home 7 state. A distant state shall have the power to take adverse 8 action on a psychologist’s temporary authorization to practice 9 within that distant state. 10 b. A receiving state may take adverse action on a 11 psychologist’s authority to practice interjurisdictional 12 telepsychology within that receiving state. A home state may 13 take adverse action against a psychologist based on an adverse 14 action taken by a distant state regarding temporary in-person, 15 face-to-face practice. 16 c. If a home state takes adverse action against a 17 psychologist’s license, that psychologist’s authority to 18 practice interjurisdictional telepsychology is terminated and 19 the E.Passport is revoked. Furthermore, that psychologist’s 20 temporary authorization to practice is terminated and the IPC 21 is revoked. 22 (1) All home state disciplinary orders which impose adverse 23 action shall be reported to the commission in accordance with 24 the rules promulgated by the commission. A compact state shall 25 report adverse actions in accordance with the rules of the 26 commission. 27 (2) In the event discipline is reported on a psychologist, 28 the psychologist shall not be eligible for telepsychology or 29 temporary in-person, face-to-face practice in accordance with 30 the rules of the commission. 31 (3) Other actions may be imposed as determined by the rules 32 promulgated by the commission. 33 d. A home state’s psychology regulatory authority shall 34 investigate and take appropriate action with respect to 35 -13- LSB 1187XS (1) 90 pf/rh 13/ 31

S.F. 244 reported inappropriate conduct engaged in by a licensee which 1 occurred in a receiving state as it would if such conduct had 2 occurred by a licensee within the home state. In such cases, 3 the home state’s law shall control in determining any adverse 4 action against a psychologist’s license. 5 e. A distant state’s psychology regulatory authority 6 shall investigate and take appropriate action with respect to 7 reported inappropriate conduct engaged in by a psychologist 8 practicing under temporary authorization to practice which 9 occurred in that distant state as it would if such conduct 10 had occurred by a licensee within the home state. In such 11 cases, the distant state’s law shall control in determining any 12 adverse action against a psychologist’s temporary authorization 13 to practice. 14 f. Nothing in this compact shall override a compact state’s 15 decision that a psychologist’s participation in an alternative 16 program may be used in lieu of adverse action and that such 17 participation shall remain nonpublic if required by the compact 18 state’s law. Compact states shall require psychologists who 19 enter any alternative programs to not provide telepsychology 20 services under the authority to practice interjurisdictional 21 telepsychology or provide temporary psychological services 22 under the temporary authorization to practice in any other 23 compact state during the term of the alternative program. 24 g. No other judicial or administrative remedies shall 25 be available to a psychologist in the event a compact state 26 imposes an adverse action pursuant to paragraph “c” . 27 8. Article VIII —— Additional authorities invested in a 28 compact state’s psychology regulatory authority. 29 a. In addition to any other powers granted under state law, 30 a compact state’s psychology regulatory authority shall have 31 the authority under this compact to do all of the following: 32 (1) Issue subpoenas, for both hearings and investigations, 33 which require the attendance and testimony of witnesses and 34 the production of evidence. Subpoenas issued by a compact 35 -14- LSB 1187XS (1) 90 pf/rh 14/ 31

S.F. 244 state’s psychology regulatory authority for the attendance 1 and testimony of witnesses or the production of evidence from 2 another compact state shall be enforced in the latter state by 3 any court of competent jurisdiction, according to that court’s 4 practice and procedure in considering subpoenas issued in its 5 own proceedings. The issuing state psychology regulatory 6 authority shall pay any witness fees, travel expenses, mileage, 7 and other fees required by the service statutes of the state 8 where the witnesses or evidence are located. 9 (2) Issue cease and desist or injunctive relief 10 orders to revoke a psychologist’s authority to practice 11 interjurisdictional telepsychology or temporary authorization 12 to practice. 13 (3) During the course of any investigation, a psychologist 14 may not change the psychologist’s home state licensure. A 15 home state psychology regulatory authority is authorized to 16 complete any pending investigations of a psychologist and 17 to take any actions appropriate under its law. The home 18 state psychology regulatory authority shall promptly report 19 the conclusions of such investigations to the commission. 20 Once an investigation has been completed, and pending the 21 outcome of said investigation, the psychologist may change the 22 psychologist’s home state licensure. The commission shall 23 promptly notify the new home state of any such decisions as 24 provided in the rules of the commission. All information 25 provided to the commission or distributed by compact states 26 pursuant to the psychologist shall be confidential, filed under 27 seal, and used for investigatory or disciplinary matters. 28 The commission may create additional rules for mandated or 29 discretionary sharing of information by compact states. 30 9. Article IX —— Coordinated licensure information system. 31 a. The commission shall provide for the development and 32 maintenance of a coordinated licensure information system and 33 reporting system containing licensure and disciplinary action 34 information on all psychologists individuals to whom this 35 -15- LSB 1187XS (1) 90 pf/rh 15/ 31

S.F. 244 compact is applicable in all compact states as defined by the 1 rules of the commission. 2 b. Notwithstanding any other provision of state law to the 3 contrary, a compact state shall submit a uniform data set to 4 the coordinated database on all licensees as required by the 5 rules of the commission, including all of the following: 6 (1) Identifying information. 7 (2) Licensure data. 8 (3) Significant investigatory information. 9 (4) Adverse actions against a psychologist’s license. 10 (5) An indicator that a psychologist’s authority to 11 practice interjurisdictional telepsychology or temporary 12 authorization to practice is revoked. 13 (6) Nonconfidential information related to alternative 14 program participation information. 15 (7) Any denial of application for licensure, and the reasons 16 for such denial. 17 (8) Other information which may facilitate the 18 administration of this compact, as determined by the rules of 19 the commission. 20 c. The coordinated database administrator shall promptly 21 notify all compact states of any adverse action taken against, 22 or significant investigative information on, any licensee in a 23 compact state. 24 d. Compact states reporting information to the coordinated 25 database may designate information that may not be shared with 26 the public without the express permission of the compact state 27 reporting the information. 28 e. Any information submitted to the coordinated database 29 that is subsequently required to be expunged by the law of the 30 compact state reporting the information shall be removed from 31 the coordinated database. 32 10. Article X —— Establishment of the psychology 33 interjurisdictional compact commission. 34 a. The compact states hereby create and establish a joint 35 -16- LSB 1187XS (1) 90 pf/rh 16/ 31

S.F. 244 public agency known as the psychology interjurisdictional 1 compact commission. 2 (1) The commission is a body politic and an instrumentality 3 of the compact states. 4 (2) Venue is proper and judicial proceedings by or against 5 the commission shall be brought solely and exclusively in a 6 court of competent jurisdiction where the principal office of 7 the commission is located. The commission may waive venue and 8 jurisdictional defenses to the extent it adopts or consents to 9 participate in alternative dispute resolution proceedings. 10 (3) Nothing in this compact shall be construed to be a 11 waiver of sovereign immunity. 12 b. Membership, voting, and meetings. 13 (1) The commission shall consist of one voting 14 representative appointed by each compact state who shall serve 15 as that state’s commissioner. The state psychology regulatory 16 authority shall appoint its delegate. This delegate shall be 17 empowered to act on behalf of the compact state. This delegate 18 shall be limited to one of the following: 19 (a) The executive director, executive secretary, or similar 20 executive. 21 (b) A current member of the state psychology regulatory 22 authority of a compact state. 23 (c) A designee empowered with the appropriate delegate 24 authority to act on behalf of the compact state. 25 (2) Any commissioner may be removed or suspended from office 26 as provided by the law of the state from which the commissioner 27 is appointed. Any vacancy occurring in the commission shall 28 be filled in accordance with the laws of the compact state in 29 which the vacancy exists. 30 (3) Each commissioner shall be entitled to one vote with 31 regard to the promulgation of rules and creation of bylaws 32 and shall otherwise have an opportunity to participate in 33 the business and affairs of the commission. A commissioner 34 shall vote in person or by such other means as provided 35 -17- LSB 1187XS (1) 90 pf/rh 17/ 31

S.F. 244 in the bylaws. The bylaws may provide for commissioners’ 1 participation in meetings by telephone or other means of 2 communication. 3 (4) The commission shall meet at least once during each 4 calendar year. Additional meetings shall be held as set forth 5 in the bylaws. 6 (5) All meetings shall be open to the public, and public 7 notice of meetings shall be given in the same manner as 8 required under the rulemaking provisions in article XI. 9 (6) The commission may convene in a closed, nonpublic 10 meeting if the commission must discuss any of the following: 11 (a) Noncompliance of a compact state with its obligations 12 under this compact. 13 (b) The employment, compensation, discipline, or other 14 personnel matters, practices, or procedures related to specific 15 employees or other matters related to the commission’s internal 16 personnel practices and procedures. 17 (c) Current, threatened, or reasonably anticipated 18 litigation against the commission. 19 (d) Negotiation of contracts for the purchase or sale of 20 goods, services, or real estate. 21 (e) Accusation against any person of a crime or formal 22 censure of any person. 23 (f) Disclosure of trade secrets or commercial or financial 24 information which is privileged or confidential. 25 (g) Disclosure of information of a personal nature where 26 disclosure would constitute a clearly unwarranted invasion of 27 personal privacy. 28 (h) Disclosure of investigatory records compiled for law 29 enforcement purposes. 30 (i) Disclosure of information related to any investigatory 31 reports prepared by or on behalf of or for use of the 32 commission or other committee charged with responsibility for 33 investigation or determination of compliance issues pursuant 34 to the compact. 35 -18- LSB 1187XS (1) 90 pf/rh 18/ 31

S.F. 244 (j) Matters specifically exempted from disclosure by 1 federal and state statute. 2 (7) If a meeting, or portion of a meeting, is closed 3 pursuant to subparagraph (6), the commission’s legal counsel or 4 designee shall certify that the meeting may be closed and shall 5 reference each relevant exempting provision. The commission 6 shall keep minutes which fully and clearly describe all matters 7 discussed in a meeting and shall provide a full and accurate 8 summary of actions taken, of any person participating in the 9 meeting, and the reasons therefore, including a description of 10 the views expressed. All documents considered in connection 11 with an action shall be identified in such minutes. All 12 minutes and documents of a closed meeting shall remain under 13 seal, subject to release only by a majority vote of the 14 commission or order of a court of competent jurisdiction. 15 c. The commission shall, by a majority vote of the 16 commissioners, prescribe bylaws or rules to govern its conduct 17 as may be necessary or appropriate to carry out the purposes 18 and exercise the powers of this compact, including but not 19 limited to or providing for all of the following: 20 (1) Establishing the fiscal year of the commission. 21 (2) Providing reasonable standards and procedures for all 22 of the following: 23 (a) The establishment and meetings of other committees. 24 (b) Governing any general or specific delegation of any 25 authority or function of the commission. 26 (3) Providing reasonable procedures for calling and 27 conducting meetings of the commission, ensuring reasonable 28 advance notice of all meetings and providing an opportunity 29 for attendance of such meetings by interested parties, 30 with enumerated exceptions designed to protect the public’s 31 interest, the privacy of individuals of such proceedings, 32 and proprietary information, including trade secrets. The 33 commission may meet in closed session only after a majority 34 of the commissioners vote to close a meeting to the public in 35 -19- LSB 1187XS (1) 90 pf/rh 19/ 31

S.F. 244 whole or in part. As soon as practicable, the commission shall 1 make public a copy of the vote to close the meeting revealing 2 the vote of each commissioner with no proxy votes allowed. 3 (4) Establishing the titles, duties, and authority and 4 reasonable procedures for the election of the officers of the 5 commission. 6 (5) Providing reasonable standards and procedures for the 7 establishment of the personnel policies and programs of the 8 commission. Notwithstanding any civil service or other similar 9 law of any compact state, the bylaws shall exclusively govern 10 the personnel policies and programs of the commission. 11 (6) Promulgating a code of ethics to address permissible and 12 prohibited activities of commission members and employees. 13 (7) Providing a mechanism for concluding the operations of 14 the commission and the equitable disposition of any surplus 15 funds that may exist after the termination of the compact after 16 the payment or reserving of all of its debts and obligations. 17 (8) The commission shall publish its bylaws in a convenient 18 form and file a copy thereof and a copy of any amendment 19 thereto, with the appropriate agency or officer in each of the 20 compact states. 21 (9) The commission shall maintain its financial records in 22 accordance with the bylaws. 23 (10) The commission shall meet and take such actions as are 24 consistent with the provisions of this compact and the bylaws. 25 d. The commission shall have all of the following powers: 26 (1) The authority to promulgate uniform rules to facilitate 27 and coordinate implementation and administration of this 28 compact. The rules shall have the force and effect of law and 29 shall be binding in all compact states. 30 (2) To bring and prosecute legal proceedings or actions in 31 the name of the commission, provided that the standing of any 32 state psychology regulatory authority or other regulatory body 33 responsible for psychology licensure to sue or be sued under 34 applicable law shall not be affected. 35 -20- LSB 1187XS (1) 90 pf/rh 20/ 31

S.F. 244 (3) To purchase and maintain insurance and bonds. 1 (4) To borrow, accept, or contract for services of 2 personnel, including but not limited to employees of a compact 3 state. 4 (5) To hire employees, elect or appoint officers, fix 5 compensation, define duties, grant such individuals appropriate 6 authority to carry out the purposes of the compact, and to 7 establish the commission’s personnel policies and programs 8 relating to conflicts of interest, qualifications of personnel, 9 and other related personnel matters. 10 (6) To accept any and all appropriate donations and grants 11 of money, equipment, supplies, materials and services, and to 12 receive, utilize, and dispose of the same; provided that at all 13 times the commission shall strive to avoid any appearance of 14 impropriety or conflict of interest. 15 (7) To lease, purchase, accept appropriate gifts or 16 donations of, or otherwise to own, hold, improve, or use, 17 any property, real, personal, or mixed; provided that at all 18 times the commission shall strive to avoid any appearance of 19 impropriety. 20 (8) To sell, convey, mortgage, pledge, lease, exchange, 21 abandon, or otherwise dispose of any property real, personal, 22 or mixed. 23 (9) To establish a budget and make expenditures. 24 (10) To borrow money. 25 (11) To appoint committees, including advisory committees 26 comprised of members, state regulators, state legislators or 27 their representatives, and consumer representatives, and such 28 other interested persons as may be designated in this compact 29 and the bylaws. 30 (12) To provide and receive information from, and to 31 cooperate with, law enforcement agencies. 32 (13) To adopt and use an official seal. 33 (14) To perform such other functions as may be necessary or 34 appropriate to achieve the purposes of this compact consistent 35 -21- LSB 1187XS (1) 90 pf/rh 21/ 31