House File 2676 - Reprinted HOUSE FILE 2676 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HSB 694) (As Amended and Passed by the House March 3, 2026 ) A BILL FOR An Act relating to health-related matters, including 1 health-related professions, nutrition, medication, and 2 education, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2676 (3) 91 ss/ko/md
H.F. 2676 DIVISION I 1 CONTINUING EDUCATION REQUIREMENTS —— NUTRITION AND METABOLIC 2 HEALTH 3 Section 1. Section 148.3, Code 2026, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 5. The board shall adopt rules pursuant to 6 chapter 17A requiring a licensee practicing family medicine, 7 internal medicine, pediatrics, psychiatry, endocrinology, 8 gastroenterology, cardiology, oncology, rheumatology, 9 neurology, nephrology, dermatology, pulmonology, surgery, 10 immunology, hematology, obstetrics, or gynecology to complete a 11 minimum of one hour of continuing education on nutrition and 12 metabolic health every four years as a condition of license 13 renewal. 14 Sec. 2. Section 148C.3, subsection 1, paragraph c, Code 15 2026, is amended to read as follows: 16 c. Hours of continuing medical education necessary to become 17 or remain licensed. The board shall adopt rules pursuant to 18 chapter 17A requiring a licensee practicing family medicine, 19 internal medicine, pediatrics, psychiatry, endocrinology, 20 gastroenterology, cardiology, oncology, rheumatology, 21 neurology, nephrology, dermatology, pulmonology, surgery, 22 immunology, hematology, obstetrics, or gynecology to complete a 23 minimum of one hour of continuing education on nutrition and 24 metabolic health every four years as a condition of license 25 renewal. 26 DIVISION II 27 MEDICAL SCHOOL GRADUATION REQUIREMENT —— NUTRITION 28 Sec. 3. NEW SECTION . 148.15 Medical school graduation 29 requirement —— nutrition. 30 Beginning July 1, 2028, a medical school or college of 31 osteopathic medicine and surgery in this state shall require as 32 a condition of graduation that each student complete at least 33 forty hours of coursework on nutrition and metabolic health. 34 DIVISION III 35 -1- HF 2676 (3) 91 ss/ko/md 1/ 49
H.F. 2676 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —— SUMMER ELECTRONIC 1 BENEFITS TRANSFER FOR CHILDREN PROGRAM 2 Sec. 4. Section 234.1, Code 2026, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 4A. “Summer electronic benefits transfer 5 for children program” or “summer EBT program” means the summer 6 electronic benefits transfer for children program established 7 in 42 U.S.C. §1762. 8 Sec. 5. NEW SECTION . 234.12B Supplemental nutrition 9 assistance program —— summer electronic benefits transfer for 10 children program. 11 The department shall continuously request that the United 12 States department of agriculture, food and nutrition service, 13 provide approval, for purposes of state administration of the 14 supplemental food and nutrition program and the summer EBT 15 program, if the state participates in the summer EBT program, 16 for a modification to the list of eligible foods in 7 C.F.R. 17 §271.2 to only include foods that are eligible as of January 18 1, 2026. The department may seek approval for additional 19 foods to be excluded based on healthy food standards if the 20 state provides all authorized SNAP retailers with a list of 21 ineligible foods identified by universal product code, and 22 instructions for point-of-sale compliance. The department 23 shall implement each modification upon receipt of approval. 24 DIVISION IV 25 IVERMECTIN —— OVER-THE-COUNTER AVAILABILITY 26 Sec. 6. NEW SECTION . 126.24 Ivermectin —— prescription drug 27 order not required. 28 1. A pharmacist or pharmacy may distribute ivermectin for 29 human consumption as an over-the-counter medicine. 30 2. A pharmacist or pharmacy shall not be subject to 31 professional discipline or civil or criminal penalties for the 32 distribution of ivermectin pursuant to this section. 33 DIVISION V 34 SCHOOL FOODS AND BEVERAGES 35 -2- HF 2676 (3) 91 ss/ko/md 2/ 49
H.F. 2676 Sec. 7. Section 256E.7, subsection 2, Code 2026, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . 0t. Be subject to and comply with the 3 requirements of section 283A.6 relating to the preparation 4 of meals provided to students, and prohibited ingredients in 5 meals provided to students, in the same manner as a school 6 district, if the charter school provides a breakfast or lunch 7 program through the national school lunch program or the school 8 breakfast program administered by the food and nutrition 9 service of the United States department of agriculture. 10 Sec. 8. Section 256F.4, subsection 2, Code 2026, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . v. Be subject to and comply with the 13 requirements of section 283A.6 relating to the preparation of 14 meals provided to students, and prohibited ingredients in meals 15 provided to students, in the same manner as a school district, 16 if the charter school or innovation zone school provides a 17 breakfast or lunch program. 18 Sec. 9. NEW SECTION . 283A.6 School district breakfast and 19 lunch programs —— food and beverages provided to students —— 20 prohibited ingredients. 21 1. a. A school district shall not serve a meal to students 22 as part of the school district’s breakfast or lunch program 23 that contains any of the following ingredients: 24 (1) Blue dye 1. 25 (2) Blue dye 2. 26 (3) Green dye 3. 27 (4) Potassium bromate. 28 (5) Propylparaben. 29 (6) Red dye 40. 30 (7) Yellow dye 5. 31 (8) Yellow dye 6. 32 b. Paragraph “a” does not apply to food and beverages 33 received as part of a direct delivery from the foods in schools 34 program of the United States department of agriculture. 35 -3- HF 2676 (3) 91 ss/ko/md 3/ 49
H.F. 2676 2. An employee or contracted vendor of a school district 1 shall not provide any food or beverages that contain an 2 ingredient described in subsection 1 to a student enrolled in 3 the school district during the school day. 4 3. A school district shall not permit the sale to students 5 of any foods or beverages that contain an ingredient described 6 in subsection 1 on the school campus, as school campus is 7 defined in 7 C.F.R. §210.11 as of January 1, 2026, unless the 8 sale takes place outside of the school day, as school day is 9 defined in 7 C.F.R. §210.11 as of January 1, 2026. 10 Sec. 10. Section 283A.10, Code 2026, is amended to read as 11 follows: 12 283A.10 School breakfast or lunch in nonpublic schools. 13 The authorities in charge of nonpublic schools may operate 14 or provide for the operation of school breakfast or lunch 15 programs in schools under their jurisdiction and may use funds 16 appropriated to them by the general assembly, gifts, funds 17 received from sale of school breakfasts or lunches under such 18 programs, and any other funds available to the nonpublic 19 school. However, school breakfast or lunch programs shall not 20 be required in nonpublic schools. The department of education 21 shall direct the disbursement of state funds to nonpublic 22 schools for school breakfast or lunch programs in the same 23 manner as state funds are disbursed to public schools. If 24 a nonpublic school receives state funds for the operation of 25 a school breakfast or lunch program, meals served under the 26 program shall be nutritionally adequate meals, as defined in 27 section 283A.1 , and shall comply with the requirements of 28 section 283A.6 . 29 Sec. 11. APPLICABILITY. This division of this Act applies 30 to school years beginning on or after July 1, 2027. 31 DIVISION VI 32 EDUCATIONAL STANDARDS 33 Sec. 12. Section 256.11, subsection 2, Code 2026, is amended 34 to read as follows: 35 -4- HF 2676 (3) 91 ss/ko/md 4/ 49
H.F. 2676 2. a. The kindergarten program shall include experiences 1 designed to develop healthy emotional and social habits and 2 growth in the language arts and communication skills, as well 3 as a capacity for the completion of individual tasks, and 4 protect and increase physical well-being with attention given 5 to experiences relating to the development of life skills and, 6 subject to section 279.80 , age-appropriate and research-based 7 human growth and development. The kindergarten program shall 8 also include instruction related to nutrition that emphasizes 9 all of the following: 10 (1) The importance of animal-based protein, dairy, 11 vegetables, and fruit. 12 (2) The nutritional benefits of animal-based protein, 13 dairy, vegetables, and fruit. 14 (3) The role that animal-based protein, dairy, vegetables, 15 and fruit play in a balanced diet. 16 b. A kindergarten teacher shall be licensed to teach in 17 kindergarten. 18 c. An accredited nonpublic school must meet the requirements 19 of this subsection only if the nonpublic school offers a 20 kindergarten program; provided, however, that section 279.80 21 shall not apply to a nonpublic school. 22 Sec. 13. Section 256.11, subsection 3, paragraph a, 23 subparagraph (5), Code 2026, is amended to read as follows: 24 (5) Health. The health curriculum shall include the all of 25 the following: 26 (a) The characteristics of communicable diseases. 27 (b) Instruction related to nutrition that emphasizes all of 28 the following: 29 (i) The importance of animal-based protein, dairy, 30 vegetables, and fruit. 31 (ii) The nutritional benefits of animal-based protein, 32 dairy, vegetables, and fruit. 33 (iii) The role that animal-based protein, dairy, 34 vegetables, and fruit play in a balanced diet. 35 -5- HF 2676 (3) 91 ss/ko/md 5/ 49
H.F. 2676 Sec. 14. Section 256.11, subsection 4, paragraph a, 1 subparagraphs (5) and (7), Code 2026, are amended to read as 2 follows: 3 (5) Health. The health curriculum shall include 4 age-appropriate all of the following: 5 (a) Age-appropriate and research-based information 6 regarding the characteristics of sexually transmitted diseases. 7 (b) Instruction related to nutrition that emphasizes all of 8 the following: 9 (i) The importance of animal-based protein, dairy, 10 vegetables, and fruit. 11 (ii) The nutritional benefits of animal-based protein, 12 dairy, vegetables, and fruit. 13 (iii) The role that animal-based protein, dairy, 14 vegetables, and fruit play in a balanced diet. 15 (7) Career instruction, exploration, and development, which 16 shall include career investigation, career connections, and 17 career intentions. Career exploration and development shall 18 be designed so that students are appropriately prepared to 19 create an individualized career and academic plan pursuant to 20 section 279.61, incorporate foundational career and technical 21 education concepts aligned with the six career and technical 22 education service areas as defined in subsection 5, paragraph 23 “h” , incorporate relevant twenty-first century skills to 24 facilitate career readiness, and introduce students to career 25 opportunities within the local community and across this state. 26 This subparagraph shall not apply to the teaching of career 27 exploration and development in nonpublic schools. 28 Sec. 15. Section 256.11, subsection 4, paragraph b, Code 29 2026, is amended to read as follows: 30 b. Computer science instruction incorporating the standards 31 established under section 256.7, subsection 26 , paragraph “a” , 32 subparagraph (4), shall be offered in at least one grade level 33 commencing with the school year beginning July 1, 2023. Career 34 exploration and development shall be designed so that students 35 -6- HF 2676 (3) 91 ss/ko/md 6/ 49
H.F. 2676 are appropriately prepared to create an individual career 1 and academic plan pursuant to section 279.61 , incorporate 2 foundational career and technical education concepts aligned 3 with the six career and technical education service areas as 4 defined in subsection 5 , paragraph “h” , incorporate relevant 5 twenty-first century skills to facilitate career readiness, and 6 introduce students to career opportunities within the local 7 community and across this state. 8 Sec. 16. Section 256.11, subsection 5, paragraph h, 9 subparagraph (1), subparagraph division (a), Code 2026, is 10 amended to read as follows: 11 (a) Agriculture, food, and natural resources , which 12 shall include instruction relating to food production and the 13 benefits of local sourcing . 14 Sec. 17. Section 256.11, subsection 5, paragraph j, 15 subparagraph (1), Code 2026, is amended to read as follows: 16 (1) One unit of health education which may include 17 personal health; food and nutrition; environmental health; 18 safety and survival skills; consumer health; family life; 19 age-appropriate and research-based human growth and development 20 that incorporates the standards established under section 21 279.50, subsection 3 , paragraph “b” ; substance use disorder 22 and nonuse; emotional and social health; health resources; 23 cardiopulmonary resuscitation; and prevention and control 24 of disease, including age-appropriate and research-based 25 information regarding sexually transmitted diseases. The one 26 unit of health education shall include instruction related to 27 nutrition that emphasizes all of the following: 28 (a) The importance of animal-based protein, dairy, 29 vegetables, and fruit. 30 (b) The nutritional benefits of animal-based protein, 31 dairy, vegetables, and fruit. 32 (c) The role that animal-based protein, dairy, vegetables, 33 and fruit play in a balanced diet. 34 Sec. 18. Section 256E.7, subsection 2, paragraph h, Code 35 -7- HF 2676 (3) 91 ss/ko/md 7/ 49
H.F. 2676 2026, is amended by adding the following new subparagraphs: 1 NEW SUBPARAGRAPH . (01) The educational standards 2 established in section 256.11, subsections 2, 3, and 4, and 3 section 256.11, subsection 5, paragraph “j” , subparagraph (1), 4 related to instruction on nutrition. 5 NEW SUBPARAGRAPH . (3) The educational standards 6 established in section 256.11, subsection 5, paragraph “h” , 7 subparagraph (1), subparagraph division (a), related to 8 instruction relating to food production and the benefits of 9 local sourcing. 10 Sec. 19. Section 256F.4, subsection 2, Code 2026, is amended 11 by adding the following new paragraphs: 12 NEW PARAGRAPH . 0p. Be subject to and comply with the 13 requirements of section 256.11, subsections 2, 3, and 4, and 14 section 256.11, subsection 5, paragraph “j” , subparagraph (1), 15 related to instruction on nutrition in the same manner as a 16 school district. 17 NEW PARAGRAPH . w. Be subject to and comply with the 18 requirements of section 256.11, subsection 5, paragraph 19 “h” , subparagraph (1), subparagraph division (a), related to 20 instruction relating to food production and the benefits of 21 local sourcing in the same manner as a school district. 22 Sec. 20. NEW SECTION . 283A.14 Application for waiver —— 23 updated nutritional guidelines —— joint committee. 24 1. The general assembly finds and declares all of the 25 following: 26 a. The nutritional needs and cultural preferences of 27 the students in Iowa might be better served by localizing 28 nutritional standards. 29 b. Unique regional food sources, including corn, pork, and 30 dairy, are not adequately addressed by federal guidelines. 31 c. Flexibility in nutritional standards can enhance the 32 ability of schools to provide meals that are both nutritious 33 and appealing to students, which may increase student 34 participation in school breakfast and lunch programs. 35 -8- HF 2676 (3) 91 ss/ko/md 8/ 49
H.F. 2676 2. Within ninety days after the effective date of this Act, 1 the department of education shall apply for a waiver under the 2 provisions of the federal National School Lunch Act of 1966, 42 3 U.S.C. §1751 et seq., and the federal Child Nutrition Act of 4 1966, 42 U.S.C. §1771 et seq., to request all of the following: 5 a. An exemption from sodium limits, whole grain 6 requirements, and fruit and vegetable variety stipulations in 7 school breakfast and lunch programs. 8 b. Permission to substitute or modify federal requirements 9 with state-specific nutritional guidelines that align with 10 Iowa’s dietary recommendations or cultural food practices. 11 3. If the waiver applied for by the department of 12 education under subsection 2 is granted, the department of 13 education shall adopt updated guidelines for what constitutes 14 a nutritionally adequate meal. The department shall consult 15 with the department of agriculture and land stewardship, 16 experts in nutrition, educators, parents, local farmers, and 17 other stakeholders during the process of adopting updated 18 guidelines for what constitutes a nutritionally adequate meal. 19 The guidelines for what constitutes a nutritionally adequate 20 meal may reflect local preferences, regional food sources, 21 including corn, pork, and dairy, and cultural considerations. 22 The guidelines for what constitutes a nutritionally adequate 23 meal must satisfy all of the following requirements: 24 a. Be at least as stringent in promoting health and 25 preventing chronic diseases as the federal guidelines. 26 b. Maintain a commitment to nutritional health and student 27 well-being. 28 c. Prioritize the following food groups, in the order 29 listed: 30 (1) Animal-based protein, including but not limited to 31 beef, pork, poultry, fish, and eggs. 32 (2) Dairy products, including but not limited to milk, 33 cheese, and yogurt. 34 (3) Vegetables, including but not limited to local and 35 -9- HF 2676 (3) 91 ss/ko/md 9/ 49
H.F. 2676 seasonal produce. 1 (4) Fresh fruit or dried or frozen fruit when fresh fruit is 2 not seasonally available. 3 4. If the waiver applied for by the department of education 4 under subsection 2 is granted, the department of education 5 and the department of agriculture and land stewardship shall 6 establish a joint committee to do all of the following: 7 a. Oversee the implementation of the guidelines for what 8 constitutes a nutritionally adequate meal. 9 b. Review the outcomes associated with the guidelines for 10 what constitutes a nutritionally adequate meal. 11 c. Study the nutritional science associated with the 12 guidelines for what constitutes a nutritionally adequate meal 13 and seek feedback from schools, parents, and agricultural 14 stakeholders related to the guidelines. 15 d. Provide recommendations to the department of education 16 related to changes that may need to be made to the guidelines 17 for what constitutes a nutritionally adequate meal. 18 5. If the waiver applied for by the department of 19 education under subsection 2 is granted, the department of 20 education shall submit to the general assembly an annual 21 report, beginning on or before the first June 30 after 22 the implementation of the new guidelines, which describes 23 the impact of the guidelines related to what constitutes a 24 nutritionally adequate meal, including information related 25 to school breakfast and lunch program participation, student 26 health outcomes, feedback from school districts, progress 27 in implementing the guidelines, challenges associated with 28 implementing the guidelines, and recommendations for further 29 enhancement of the guidelines. 30 6. If the waiver applied for by the department of education 31 under subsection 2 is granted, the department of education 32 shall conduct an evaluation to assess the effectiveness of the 33 guidelines for what constitutes a nutritionally adequate meal 34 compared to the comparable federal standards within five years 35 -10- HF 2676 (3) 91 ss/ko/md 10/ 49
H.F. 2676 after the effective date of the waiver. 1 Sec. 21. EFFECTIVE DATE. The following, being deemed of 2 immediate importance, takes effect upon enactment: 3 The section of this division of this Act enacting section 4 283A.14. 5 Sec. 22. APPLICABILITY. The following apply to school years 6 beginning on or after July 1, 2027: 7 1. The section of this division of this Act amending section 8 256.11, subsections 2, 3, and 4. 9 2. The section of this division of this Act amending 10 section 256.11, subsection 5, paragraph “h”, subparagraph (1), 11 subparagraph division (a). 12 3. The section of this division of this Act amending section 13 256.11, subsection 5, paragraph “j”, subparagraph (1). 14 4. The section of this division of this Act amending section 15 256E.7, subsection 2, paragraph “h”. 16 5. The section of this division of this Act amending section 17 256F.4, subsection 2. 18 DIVISION VII 19 STUDENT INSTRUCTIONAL TECHNOLOGY STANDARDS 20 Sec. 23. Section 256E.7, subsection 2, Code 2026, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . 0s. Be subject to and comply with 23 the requirements of section 279.89 relating to student 24 instructional technology standards in the same manner as a 25 school district. 26 Sec. 24. Section 256F.4, subsection 2, Code 2026, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . w. Be subject to and comply with 29 the requirements of section 279.89 relating to student 30 instructional technology standards in the same manner as a 31 school district. 32 Sec. 25. NEW SECTION . 279.89 Student instructional 33 technology standards. 34 1. As used in this section, unless the context otherwise 35 -11- HF 2676 (3) 91 ss/ko/md 11/ 49
H.F. 2676 requires: 1 a. “Digital instruction” means lessons, assignments, 2 assessments, or instructional activities delivered through 3 instructional technology. 4 b. “Instructional technology” means a laptop, tablet, 5 computer, smart device, software platform, or other similar 6 device or platform used for student learning. 7 c. “One-to-one digital device program” means a program 8 through which a school district provides or assigns a digital 9 device to each student for instructional use. 10 2. a. For students enrolled in grades kindergarten through 11 five, digital instruction shall not exceed sixty minutes per 12 school day. 13 b. The following uses shall not count toward the daily 14 limit: 15 (1) Use required pursuant to an individualized education 16 program or a plan developed pursuant to section 504 of the 17 federal Rehabilitation Act of 1973. 18 (2) Assistive or adaptive technology necessary to provide a 19 student access to instruction. 20 (3) Teacher-directed demonstrations using a projector, 21 smartboard, or similar display device when students are not 22 individually operating a digital device. 23 (4) State assessments and progress monitoring that requires 24 the use of a one-to-one digital device. 25 (5) Dedicated computer science and technology curriculum. 26 3. a. The board of directors of each school district shall 27 adopt a written technology use policy applicable to grades 28 kindergarten through five. 29 b. The policy shall include all of the following: 30 (1) The district’s daily digital instruction limits. 31 (2) A list of digital platforms and applications used for 32 instruction. 33 (3) Notice of a parent’s or guardian’s right to request 34 additional reductions in the parent’s or guardian’s child’s 35 -12- HF 2676 (3) 91 ss/ko/md 12/ 49
H.F. 2676 digital instruction. 1 (4) A statement that instructional technology shall 2 support, and not supplant, foundational learning. 3 (5) A prohibition on the use of digital devices during 4 recess. 5 c. The policy shall be published on each elementary school’s 6 internet site. 7 4. a. Prior to adopting or renewing a one-to-one digital 8 device program for any grade level, the board of directors of a 9 school district shall complete a technology adoption checklist 10 that documents consideration of all of the following: 11 (1) The instructional purpose of the device. 12 (2) Age appropriateness of the device and associated 13 software. 14 (3) Content-filtering limitations and the district’s 15 capacity to mitigate those limitations. 16 (4) Whether student data is collected, stored, or shared, 17 and the nature of such data practices. 18 b. The checklist shall be retained by the board and made 19 available to the department of education upon request for audit 20 or compliance purposes. 21 c. Each school district shall make publicly available on the 22 district’s internet site a list of one-to-one digital device 23 programs in use, and information regarding opt-out options for 24 parents who decline participation in digital instruction. 25 5. This section shall not apply to students enrolled in an 26 online learning program operating pursuant to section 256.43. 27 DIVISION VIII 28 PSYCHOLOGY INTERJURISDICTIONAL COMPACT 29 Sec. 26. NEW SECTION . 147M.1 Psychology interjurisdictional 30 compact. 31 The psychology interjurisdictional compact is enacted into 32 law and entered into by this state with all states legally 33 joining in the compact in the form substantially as follows: 34 1. Article I —— Purpose. 35 -13- HF 2676 (3) 91 ss/ko/md 13/ 49
H.F. 2676 a. The party states find that: 1 (1) States license psychologists, in order to protect 2 the public through verification of education, training, 3 and experience, and ensure accountability for professional 4 practice. 5 (2) This compact is intended to regulate the day-to-day 6 practice of telepsychology, in which psychological services are 7 provided using telecommunication technologies, by psychologists 8 across state boundaries in the performance of their 9 psychological practice as assigned by an appropriate authority. 10 (3) This compact is intended to regulate the temporary 11 in-person, face-to-face practice of psychology by psychologists 12 across state boundaries for thirty days within a calendar year 13 in the performance of their psychological practice as assigned 14 by an appropriate authority. 15 (4) This compact is intended to authorize state psychology 16 regulatory authorities to afford legal recognition, in a manner 17 consistent with the terms of the compact, to psychologists 18 licensed in another state. 19 (5) This compact recognizes that states have a vested 20 interest in protecting the public’s health and safety through 21 their licensing and regulation of psychologists and that such 22 state regulation will best protect public health and safety. 23 (6) This compact does not apply when a psychologist is 24 licensed in both the home and receiving states. 25 (7) This compact does not apply to permanent in-person, 26 face-to-face practice, but it does allow for authorization of 27 temporary psychological practice. 28 b. Consistent with these principles, this compact is 29 designed to achieve the following purposes and objectives: 30 (1) Increase public access to professional psychological 31 services by allowing for telepsychological practice across 32 state lines as well as temporary in-person, face-to-face 33 services into a state in which the psychologist is not licensed 34 to practice psychology. 35 -14- HF 2676 (3) 91 ss/ko/md 14/ 49
H.F. 2676 (2) Enhance the states’ ability to protect the public’s 1 health and safety, especially client-patient safety. 2 (3) Encourage the cooperation of compact states in the areas 3 of psychology licensure and regulation. 4 (4) Facilitate the exchange of information between compact 5 states regarding psychologist licensure, adverse actions, and 6 disciplinary history. 7 (5) Promote compliance with the laws governing 8 psychological practice in each compact state. 9 (6) Invest all compact states with the authority to 10 hold licensed psychologists accountable through the mutual 11 recognition of compact state licenses. 12 2. Article II —— Definitions. 13 a. “Adverse action” means any action taken by a state 14 psychology regulatory authority which finds a violation 15 of a statute or regulation that is identified by the state 16 psychology regulatory authority as discipline and is a matter 17 of public record. 18 b. “Association of state and provincial psychology boards” 19 means the recognized membership organization composed of state 20 and provincial psychology regulatory authorities responsible 21 for the licensure and registration of psychologists throughout 22 the United States and Canada. 23 c. “Authority to practice interjurisdictional telepsychology” 24 means a licensed psychologist’s authority to practice 25 telepsychology, within the limits authorized under this 26 compact, in another compact state. 27 d. “Bylaws” means those bylaws established by the psychology 28 interjurisdictional compact commission pursuant to article 29 X for its governance, or for directing and controlling its 30 actions and conduct. 31 e. “Client-patient” means the recipient of psychological 32 services, whether psychological services are delivered in the 33 context of health care, corporate, supervision, or consulting 34 services. 35 -15- HF 2676 (3) 91 ss/ko/md 15/ 49
H.F. 2676 f. “Commissioner” means the voting representative appointed 1 by each state psychology regulatory authority pursuant to 2 article X. 3 g. “Compact state” means a state, the District of Columbia, 4 or United States territory that has enacted this compact 5 legislation and which has not withdrawn pursuant to article 6 XIII, or been terminated pursuant to article XII. 7 h. “Confidentiality” means the principle that data or 8 information is not made available or disclosed to unauthorized 9 persons or processes. 10 i. “Coordinated licensure information system” or “coordinated 11 database” means an integrated process for collecting, storing, 12 and sharing information on psychologists’ licensure and 13 enforcement activities related to psychology licensure laws, 14 which is administered by the recognized membership organization 15 composed of state and provincial psychology regulatory 16 authorities. 17 j. “Day” means any part of a day in which psychological work 18 is performed. 19 k. “Distant state” means the compact state where a 20 psychologist is physically present, not through the use 21 of telecommunications technologies, to provide temporary 22 in-person, face-to-face psychological services. 23 l. “E.Passport” means a certificate issued by the 24 association of state and provincial psychology boards 25 that promotes the standardization in the criteria of 26 interjurisdictional telepsychology practice and facilitates the 27 process for licensed psychologists to provide telepsychological 28 services across state lines. 29 m. “Executive board” means a group of directors elected or 30 appointed to act on behalf of, and within the powers granted to 31 them by, the commission. 32 n. “Home state” means a compact state where a psychologist 33 is licensed to practice psychology. If the psychologist is 34 licensed in more than one compact state and is practicing 35 -16- HF 2676 (3) 91 ss/ko/md 16/ 49
H.F. 2676 under the authorization to practice interjurisdictional 1 telepsychology, the home state is the compact state where the 2 psychologist is physically present when the telepsychological 3 services are delivered. If the psychologist is licensed 4 in more than one compact state and is practicing under the 5 temporary authorization to practice, the home state is any 6 compact state where the psychologist is licensed. 7 o. “Identity history summary” means a summary of information 8 retained by the federal bureau of investigation (FBI), or other 9 designee with similar authority, in connection with arrests 10 and, in some instances, federal employment, naturalization, or 11 military service. 12 p. “In-person, face-to-face” means interactions in which the 13 psychologist and the client-patient are in the same physical 14 space and which does not include interactions that may occur 15 through the use of telecommunication technologies. 16 q. “Interjurisdictional practice certificate” or “IPC” 17 means a certificate issued by the association of state and 18 provincial psychology boards that grants temporary authority 19 to practice based on notification to the state psychology 20 regulatory authority of intention to practice temporarily, and 21 verification of one’s qualifications for such practice. 22 r. “License” means authorization by a state psychology 23 regulatory authority to engage in the independent practice of 24 psychology, which would be unlawful without the authorization. 25 s. “Noncompact state” means any state which is not at the 26 time a compact state. 27 t. “Psychologist” means an individual licensed for the 28 independent practice of psychology. 29 u. “Psychology interjurisdictional compact commission” or 30 “commission” means the national administration of which all 31 compact states are members. 32 v. “Receiving state” means a compact state where the 33 client-patient is physically located when the telepsychological 34 services are delivered. 35 -17- HF 2676 (3) 91 ss/ko/md 17/ 49
H.F. 2676 w. “Rule” means a written statement by the psychology 1 interjurisdictional compact commission promulgated pursuant 2 to article XI that is of general applicability, implements, 3 interprets, or prescribes a policy or provision of this 4 compact, or an organizational, procedural, or practice 5 requirement of the commission and has the force and effect of 6 statutory law in a compact state, and includes the amendment, 7 repeal, or suspension of an existing rule. 8 x. “Significant investigatory information” means any of the 9 following: 10 (1) Investigative information that a state psychology 11 regulatory authority, after a preliminary inquiry that includes 12 notification and an opportunity to respond if required by state 13 law, has reason to believe, if proven true, would indicate more 14 than a violation of state statute or ethics code that would be 15 considered more substantial than a minor infraction. 16 (2) Investigative information that indicates that the 17 psychologist represents an immediate threat to public health 18 and safety regardless of whether the psychologist has been 19 notified or had an opportunity to respond. 20 y. “State” means a state, commonwealth, territory, or 21 possession of the United States, or the District of Columbia. 22 z. “State psychology regulatory authority” means the board, 23 office, or other agency with the legislative mandate to license 24 and regulate the practice of psychology. 25 aa. “Telepsychology” means the provision of psychological 26 services using telecommunication technologies. 27 ab. “Temporary authorization to practice” means a licensed 28 psychologist’s authority to conduct temporary in-person, 29 face-to-face practice, within the limits authorized under this 30 compact, in another compact state. 31 ac. “Temporary in-person, face-to-face practice” means where 32 a psychologist is physically present, not through the use 33 of telecommunications technologies, in the distant state to 34 provide for the practice of psychology for thirty days within a 35 -18- HF 2676 (3) 91 ss/ko/md 18/ 49
H.F. 2676 calendar year and based on notification to the distant state. 1 3. Article III —— Home state licensure. 2 a. The home state shall be a compact state where a 3 psychologist is licensed to practice psychology. 4 b. A psychologist may hold one or more compact state 5 licenses at a time. If the psychologist is licensed in more 6 than one compact state, the home state is the compact state 7 where the psychologist is physically present when the services 8 are delivered as authorized by the authority to practice 9 interjurisdictional telepsychology under the terms of this 10 compact. 11 c. Any compact state may require a psychologist not 12 previously licensed in a compact state to obtain and retain 13 a license to be authorized to practice in the compact state 14 under circumstances not authorized by the authority to practice 15 interjurisdictional telepsychology under the terms of this 16 compact. 17 d. Any compact state may require a psychologist to obtain 18 and retain a license to be authorized to practice in a 19 compact state under circumstances not authorized by temporary 20 authorization to practice under the terms of this compact. 21 e. A home state’s license authorizes a psychologist to 22 practice in a receiving state under the authority to practice 23 interjurisdictional telepsychology only if the compact state 24 meets all of the following requirements: 25 (1) Currently requires the psychologist to hold an active 26 E.Passport. 27 (2) Has a mechanism in place for receiving and investigating 28 complaints about licensed individuals. 29 (3) Notifies the commission, in compliance with the terms 30 herein, of any adverse action or significant investigatory 31 information regarding a licensed individual. 32 (4) Requires an identity history summary of all applicants 33 at initial licensure, including the use of the results of 34 fingerprints or other biometric data checks compliant with the 35 -19- HF 2676 (3) 91 ss/ko/md 19/ 49
H.F. 2676 requirements of the federal bureau of investigation (FBI), or 1 other designee with similar authority, no later than ten years 2 after activation of the this compact. 3 (5) Complies with the bylaws and rules of the commission. 4 f. A home state’s license grants temporary authorization 5 to practice to a psychologist in a distant state only if the 6 compact state meets all of the following requirements: 7 (1) Currently requires the psychologist to hold an active 8 IPC. 9 (2) Has a mechanism in place for receiving and investigating 10 complaints about licensed individuals. 11 (3) Notifies the commission, in compliance with the terms 12 herein, of any adverse action or significant investigatory 13 information regarding a licensed individual. 14 (4) Requires an identity history summary of all applicants 15 at initial licensure, including the use of the results of 16 fingerprints or other biometric data checks compliant with the 17 requirements of the federal bureau of investigation (FBI), or 18 other designee with similar authority, no later than ten years 19 after activation of this compact. 20 (5) Complies with the bylaws and rules of the commission. 21 4. Article IV —— Compact privilege to practice 22 telepsychology. 23 a. Compact states shall recognize the right of a 24 psychologist, licensed in a compact state in conformance with 25 article III, to practice telepsychology in receiving states in 26 which the psychologist is not licensed, under the authority to 27 practice interjurisdictional telepsychology as provided in this 28 compact. 29 b. To exercise the authority to practice interjurisdictional 30 telepsychology under the terms and provisions of this compact, 31 a psychologist licensed to practice in a compact state shall 32 meet all of the following requirements: 33 (1) Hold a graduate degree in psychology from an institution 34 of higher education that was either of the following, at the 35 -20- HF 2676 (3) 91 ss/ko/md 20/ 49
H.F. 2676 time the degree was awarded: 1 (a) Regionally accredited by an accrediting body recognized 2 by the United States department of education to grant graduate 3 degrees, or authorized by provincial statute or royal charter 4 to grant doctoral degrees. 5 (b) A foreign college or university deemed to be equivalent 6 to subparagraph (1), subparagraph division (a), by a foreign 7 credential evaluation service that is a member of the national 8 association of credential evaluation services or by a 9 recognized foreign credential evaluation service. 10 (2) Hold a graduate degree in psychology that meets all of 11 the following criteria: 12 (a) The program, wherever it may be administratively 13 housed, must be clearly identified and labeled as a 14 psychology program. Such a program must specify in pertinent 15 institutional catalogues and brochures its intent to educate 16 and train professional psychologists. 17 (b) The psychology program must stand as a recognizable, 18 coherent, organizational entity within the institution. 19 (c) There must be a clear authority and primary 20 responsibility for the core and specialty areas whether or not 21 the program cuts across administrative lines. 22 (d) The program must consist of an integrated, organized 23 sequence of study. 24 (e) There must be an identifiable psychology 25 faculty sufficient in size and breadth to carry out its 26 responsibilities. 27 (f) The designated director of the program must be a 28 psychologist and a member of the core faculty. 29 (g) The program must have an identifiable body of students 30 who are matriculated in that program for a degree. 31 (h) The program must include supervised practicum, 32 internship, or field training appropriate to the practice of 33 psychology. 34 (i) The curriculum shall encompass a minimum of three 35 -21- HF 2676 (3) 91 ss/ko/md 21/ 49
H.F. 2676 academic years of full-time graduate study for doctoral degrees 1 and a minimum of one academic year of full-time graduate study 2 for master’s degrees. 3 (j) The program includes an acceptable residency as defined 4 by the rules of the commission. 5 (3) Possess a current, full, and unrestricted license to 6 practice psychology in a home state which is a compact state. 7 (4) Have no history of adverse action that violates the 8 rules of the commission. 9 (5) Have no criminal record history reported on an identity 10 history summary that violates the rules of the commission. 11 (6) Possess a current, active E.Passport. 12 (7) Provide attestations in regard to areas of intended 13 practice, conformity with standards of practice, competence in 14 telepsychology technology; criminal background; and knowledge 15 and adherence to legal requirements in the home and receiving 16 states, and provide a release of information to allow for 17 primary source verification in a manner specified by the 18 commission. 19 (8) Meet other criteria as defined by the rules of the 20 commission. 21 c. The home state maintains authority over the license of 22 any psychologist practicing into a receiving state under the 23 authority to practice interjurisdictional telepsychology. 24 d. A psychologist practicing into a receiving state under 25 the authority to practice interjurisdictional telepsychology 26 shall be subject to the receiving state’s scope of practice. 27 A receiving state may, in accordance with that state’s due 28 process law, limit or revoke a psychologist’s authority to 29 practice interjurisdictional telepsychology in the receiving 30 state and may take any other necessary actions under the 31 receiving state’s applicable law to protect the health and 32 safety of the receiving state’s citizens. If a receiving state 33 takes action, the state shall promptly notify the home state 34 and the commission. 35 -22- HF 2676 (3) 91 ss/ko/md 22/ 49
H.F. 2676 e. If a psychologist’s license in any home state or another 1 compact state, or any authority to practice interjurisdictional 2 telepsychology in any receiving state, is restricted, 3 suspended, or otherwise limited, the E.Passport shall be 4 revoked and the psychologist shall not be eligible to practice 5 telepsychology in a compact state under the authority to 6 practice interjurisdictional telepsychology. 7 5. Article V —— Compact temporary authorization to practice. 8 a. Compact states shall also recognize the right of a 9 psychologist, licensed in a compact state in conformance with 10 article III, to practice temporarily in distant states in which 11 the psychologist is not licensed, as provided in this compact. 12 b. To exercise the temporary authorization to practice 13 under the terms and provisions of this compact, a psychologist 14 licensed to practice in a compact state shall meet all of the 15 following requirements: 16 (1) Hold a graduate degree in psychology from an institution 17 of higher education that was either of the following, at the 18 time the degree was awarded: 19 (a) Regionally accredited by an accrediting body recognized 20 by the United States department of education to grant graduate 21 degrees, or authorized by provincial statute or royal charter 22 to grant doctoral degrees. 23 (b) A foreign college or university deemed to be equivalent 24 to subparagraph (1), subparagraph division (a), by a foreign 25 credential evaluation service that is a member of the national 26 association of credential evaluation services or by a 27 recognized foreign credential evaluation service. 28 (2) Hold a graduate degree in psychology that meets all of 29 the following criteria: 30 (a) The program, wherever it may be administratively 31 housed, must be clearly identified and labeled as a 32 psychology program. Such a program must specify in pertinent 33 institutional catalogues and brochures its intent to educate 34 and train professional psychologists. 35 -23- HF 2676 (3) 91 ss/ko/md 23/ 49
H.F. 2676 (b) The psychology program must stand as a recognizable, 1 coherent, organizational entity within the institution. 2 (c) There must be a clear authority and primary 3 responsibility for the core and specialty areas whether or not 4 the program cuts across administrative lines. 5 (d) The program must consist of an integrated, organized 6 sequence of study. 7 (e) There must be an identifiable psychology 8 faculty sufficient in size and breadth to carry out its 9 responsibilities. 10 (f) The designated director of the program must be a 11 psychologist and a member of the core faculty. 12 (g) The program must have an identifiable body of students 13 who are matriculated in that program for a degree. 14 (h) The program must include supervised practicum, 15 internship, or field training appropriate to the practice of 16 psychology. 17 (i) The curriculum shall encompass a minimum of three 18 academic years of full-time graduate study for doctoral degrees 19 and a minimum of one academic year of full-time graduate study 20 for master’s degrees. 21 (j) The program includes an acceptable residency as defined 22 by the rules of the commission. 23 (3) Possess a current, full, and unrestricted license to 24 practice psychology in a home state which is a compact state. 25 (4) Have no history of adverse action that violates the 26 rules of the commission. 27 (5) Have no criminal record history that violates the rules 28 of the commission. 29 (6) Possess a current, active IPC. 30 (7) Provide attestations in regard to areas of intended 31 practice and work experience and provide a release of 32 information to allow for primary source verification in a 33 manner specified by the commission. 34 (8) Meet other criteria as defined by the rules of the 35 -24- HF 2676 (3) 91 ss/ko/md 24/ 49
H.F. 2676 commission. 1 c. A psychologist practicing into a distant state under the 2 temporary authorization to practice shall practice within the 3 scope of practice authorized by the distant state. 4 d. A psychologist practicing into a distant state under the 5 temporary authorization to practice shall be subject to the 6 distant state’s authority and law. A distant state may, in 7 accordance with that state’s due process law, limit or revoke 8 a psychologist’s temporary authorization to practice in the 9 distant state and may take any other necessary actions under 10 the distant state’s applicable law to protect the health and 11 safety of the distant state’s citizens. If a distant state 12 takes action, the state shall promptly notify the home state 13 and the commission. 14 e. If a psychologist’s license in any home state, another 15 compact state, or any temporary authorization to practice in 16 any distant state, is restricted, suspended, or otherwise 17 limited, the IPC shall be revoked and the psychologist shall 18 not be eligible to practice in a compact state under the 19 temporary authorization to practice. 20 6. Article VI —— Conditions of telepsychology practice in a 21 receiving state. A psychologist may practice in a receiving 22 state under the authority to practice interjurisdictional 23 telepsychology only in the performance of the scope of 24 practice for psychology as assigned by an appropriate state 25 psychology regulatory authority, as defined in the rules of the 26 commission, and under the following circumstances: 27 a. The psychologist initiates a client-patient contact 28 in a home state via telecommunications technologies with a 29 client-patient in a receiving state. 30 b. Other conditions regarding telepsychology as determined 31 by rules promulgated by the commission. 32 7. Article VII —— Adverse actions. 33 a. A home state shall have the power to impose adverse 34 action against a psychologist’s license issued by the home 35 -25- HF 2676 (3) 91 ss/ko/md 25/ 49
H.F. 2676 state. A distant state shall have the power to take adverse 1 action on a psychologist’s temporary authorization to practice 2 within that distant state. 3 b. A receiving state may take adverse action on a 4 psychologist’s authority to practice interjurisdictional 5 telepsychology within that receiving state. A home state may 6 take adverse action against a psychologist based on an adverse 7 action taken by a distant state regarding temporary in-person, 8 face-to-face practice. 9 c. If a home state takes adverse action against a 10 psychologist’s license, that psychologist’s authority to 11 practice interjurisdictional telepsychology is terminated and 12 the E.Passport is revoked. Furthermore, that psychologist’s 13 temporary authorization to practice is terminated and the IPC 14 is revoked. 15 (1) All home state disciplinary orders which impose adverse 16 action shall be reported to the commission in accordance with 17 the rules promulgated by the commission. A compact state shall 18 report adverse actions in accordance with the rules of the 19 commission. 20 (2) In the event discipline is reported on a psychologist, 21 the psychologist shall not be eligible for telepsychology or 22 temporary in-person, face-to-face practice in accordance with 23 the rules of the commission. 24 (3) Other actions may be imposed as determined by the rules 25 promulgated by the commission. 26 d. A home state’s psychology regulatory authority shall 27 investigate and take appropriate action with respect to 28 reported inappropriate conduct engaged in by a licensee which 29 occurred in a receiving state as it would if such conduct had 30 occurred by a licensee within the home state. In such cases, 31 the home state’s law shall control in determining any adverse 32 action against a psychologist’s license. 33 e. A distant state’s psychology regulatory authority 34 shall investigate and take appropriate action with respect to 35 -26- HF 2676 (3) 91 ss/ko/md 26/ 49
H.F. 2676 reported inappropriate conduct engaged in by a psychologist 1 practicing under temporary authorization to practice which 2 occurred in that distant state as it would if such conduct 3 had occurred by a licensee within the home state. In such 4 cases, the distant state’s law shall control in determining any 5 adverse action against a psychologist’s temporary authorization 6 to practice. 7 f. Nothing in this compact shall override a compact state’s 8 decision that a psychologist’s participation in an alternative 9 program may be used in lieu of adverse action and that such 10 participation shall remain nonpublic if required by the compact 11 state’s law. Compact states shall require psychologists who 12 enter any alternative programs to not provide telepsychology 13 services under the authority to practice interjurisdictional 14 telepsychology or provide temporary psychological services 15 under the temporary authorization to practice in any other 16 compact state during the term of the alternative program. 17 g. No other judicial or administrative remedies shall 18 be available to a psychologist in the event a compact state 19 imposes an adverse action pursuant to paragraph “c” . 20 8. Article VIII —— Additional authorities invested in a 21 compact state’s psychology regulatory authority. In addition 22 to any other powers granted under state law, a compact state’s 23 psychology regulatory authority shall have the authority under 24 this compact to do all of the following: 25 a. Issue subpoenas, for both hearings and investigations, 26 which require the attendance and testimony of witnesses and 27 the production of evidence. Subpoenas issued by a compact 28 state’s psychology regulatory authority for the attendance 29 and testimony of witnesses or the production of evidence from 30 another compact state shall be enforced in the latter state by 31 any court of competent jurisdiction, according to that court’s 32 practice and procedure in considering subpoenas issued in its 33 own proceedings. The issuing state psychology regulatory 34 authority shall pay any witness fees, travel expenses, mileage, 35 -27- HF 2676 (3) 91 ss/ko/md 27/ 49
H.F. 2676 and other fees required by the service statutes of the state 1 where the witnesses or evidence are located. 2 b. Issue cease and desist or injunctive relief 3 orders to revoke a psychologist’s authority to practice 4 interjurisdictional telepsychology or temporary authorization 5 to practice. 6 c. During the course of any investigation, a psychologist 7 may not change the psychologist’s home state licensure. A 8 home state psychology regulatory authority is authorized to 9 complete any pending investigations of a psychologist and 10 to take any actions appropriate under its law. The home 11 state psychology regulatory authority shall promptly report 12 the conclusions of such investigations to the commission. 13 Once an investigation has been completed, and pending the 14 outcome of said investigation, the psychologist may change the 15 psychologist’s home state licensure. The commission shall 16 promptly notify the new home state of any such decisions as 17 provided in the rules of the commission. All information 18 provided to the commission or distributed by compact states 19 pursuant to the psychologist shall be confidential, filed under 20 seal, and used for investigatory or disciplinary matters. 21 The commission may create additional rules for mandated or 22 discretionary sharing of information by compact states. 23 9. Article IX —— Coordinated licensure information system. 24 a. The commission shall provide for the development and 25 maintenance of a coordinated licensure information system and 26 reporting system containing licensure and disciplinary action 27 information on all psychologists individuals to whom this 28 compact is applicable in all compact states as defined by the 29 rules of the commission. 30 b. Notwithstanding any other provision of state law to the 31 contrary, a compact state shall submit a uniform data set to 32 the coordinated database on all licensees as required by the 33 rules of the commission, including all of the following: 34 (1) Identifying information. 35 -28- HF 2676 (3) 91 ss/ko/md 28/ 49
H.F. 2676 (2) Licensure data. 1 (3) Significant investigatory information. 2 (4) Adverse actions against a psychologist’s license. 3 (5) An indicator that a psychologist’s authority to 4 practice interjurisdictional telepsychology or temporary 5 authorization to practice is revoked. 6 (6) Nonconfidential information related to alternative 7 program participation information. 8 (7) Any denial of application for licensure, and the reasons 9 for such denial. 10 (8) Other information which may facilitate the 11 administration of this compact, as determined by the rules of 12 the commission. 13 c. The coordinated database administrator shall promptly 14 notify all compact states of any adverse action taken against, 15 or significant investigative information on, any licensee in a 16 compact state. 17 d. Compact states reporting information to the coordinated 18 database may designate information that may not be shared with 19 the public without the express permission of the compact state 20 reporting the information. 21 e. Any information submitted to the coordinated database 22 that is subsequently required to be expunged by the law of the 23 compact state reporting the information shall be removed from 24 the coordinated database. 25 10. Article X —— Establishment of the psychology 26 interjurisdictional compact commission. 27 a. The compact states hereby create and establish a joint 28 public agency known as the psychology interjurisdictional 29 compact commission. 30 (1) The commission is a body politic and an instrumentality 31 of the compact states. 32 (2) Venue is proper and judicial proceedings by or against 33 the commission shall be brought solely and exclusively in a 34 court of competent jurisdiction where the principal office of 35 -29- HF 2676 (3) 91 ss/ko/md 29/ 49
H.F. 2676 the commission is located. The commission may waive venue and 1 jurisdictional defenses to the extent it adopts or consents to 2 participate in alternative dispute resolution proceedings. 3 (3) Nothing in this compact shall be construed to be a 4 waiver of sovereign immunity. 5 b. Membership, voting, and meetings. 6 (1) The commission shall consist of one voting 7 representative appointed by each compact state who shall serve 8 as that state’s commissioner. The state psychology regulatory 9 authority shall appoint its delegate. This delegate shall be 10 empowered to act on behalf of the compact state. This delegate 11 shall be limited to one of the following: 12 (a) The executive director, executive secretary, or similar 13 executive. 14 (b) A current member of the state psychology regulatory 15 authority of a compact state. 16 (c) A designee empowered with the appropriate delegate 17 authority to act on behalf of the compact state. 18 (2) Any commissioner may be removed or suspended from office 19 as provided by the law of the state from which the commissioner 20 is appointed. Any vacancy occurring in the commission shall 21 be filled in accordance with the laws of the compact state in 22 which the vacancy exists. 23 (3) Each commissioner shall be entitled to one vote with 24 regard to the promulgation of rules and creation of bylaws 25 and shall otherwise have an opportunity to participate in 26 the business and affairs of the commission. A commissioner 27 shall vote in person or by such other means as provided 28 in the bylaws. The bylaws may provide for commissioners’ 29 participation in meetings by telephone or other means of 30 communication. 31 (4) The commission shall meet at least once during each 32 calendar year. Additional meetings shall be held as set forth 33 in the bylaws. 34 (5) All meetings shall be open to the public, and public 35 -30- HF 2676 (3) 91 ss/ko/md 30/ 49
H.F. 2676 notice of meetings shall be given in the same manner as 1 required under the rulemaking provisions in article XI. 2 (6) The commission may convene in a closed, nonpublic 3 meeting if the commission must discuss any of the following: 4 (a) Noncompliance of a compact state with its obligations 5 under this compact. 6 (b) The employment, compensation, discipline, or other 7 personnel matters, practices, or procedures related to specific 8 employees or other matters related to the commission’s internal 9 personnel practices and procedures. 10 (c) Current, threatened, or reasonably anticipated 11 litigation against the commission. 12 (d) Negotiation of contracts for the purchase or sale of 13 goods, services, or real estate. 14 (e) Accusation against any person of a crime or formal 15 censure of any person. 16 (f) Disclosure of trade secrets or commercial or financial 17 information which is privileged or confidential. 18 (g) Disclosure of information of a personal nature where 19 disclosure would constitute a clearly unwarranted invasion of 20 personal privacy. 21 (h) Disclosure of investigatory records compiled for law 22 enforcement purposes. 23 (i) Disclosure of information related to any investigatory 24 reports prepared by or on behalf of or for use of the 25 commission or other committee charged with responsibility for 26 investigation or determination of compliance issues pursuant 27 to the compact. 28 (j) Matters specifically exempted from disclosure by 29 federal and state statute. 30 (7) If a meeting, or portion of a meeting, is closed 31 pursuant to subparagraph (6), the commission’s legal counsel or 32 designee shall certify that the meeting may be closed and shall 33 reference each relevant exempting provision. The commission 34 shall keep minutes which fully and clearly describe all matters 35 -31- HF 2676 (3) 91 ss/ko/md 31/ 49
H.F. 2676 discussed in a meeting and shall provide a full and accurate 1 summary of actions taken, of any person participating in the 2 meeting, and the reasons therefore, including a description of 3 the views expressed. All documents considered in connection 4 with an action shall be identified in such minutes. All 5 minutes and documents of a closed meeting shall remain under 6 seal, subject to release only by a majority vote of the 7 commission or order of a court of competent jurisdiction. 8 c. The commission shall, by a majority vote of the 9 commissioners, prescribe bylaws or rules to govern its conduct 10 as may be necessary or appropriate to carry out the purposes 11 and exercise the powers of this compact, including but not 12 limited to or providing for all of the following: 13 (1) Establishing the fiscal year of the commission. 14 (2) Providing reasonable standards and procedures for all 15 of the following: 16 (a) The establishment and meetings of other committees. 17 (b) Governing any general or specific delegation of any 18 authority or function of the commission. 19 (3) Providing reasonable procedures for calling and 20 conducting meetings of the commission, ensuring reasonable 21 advance notice of all meetings and providing an opportunity 22 for attendance of such meetings by interested parties, 23 with enumerated exceptions designed to protect the public’s 24 interest, the privacy of individuals of such proceedings, 25 and proprietary information, including trade secrets. The 26 commission may meet in closed session only after a majority 27 of the commissioners vote to close a meeting to the public in 28 whole or in part. As soon as practicable, the commission shall 29 make public a copy of the vote to close the meeting revealing 30 the vote of each commissioner with no proxy votes allowed. 31 (4) Establishing the titles, duties, and authority and 32 reasonable procedures for the election of the officers of the 33 commission. 34 (5) Providing reasonable standards and procedures for the 35 -32- HF 2676 (3) 91 ss/ko/md 32/ 49
H.F. 2676 establishment of the personnel policies and programs of the 1 commission. Notwithstanding any civil service or other similar 2 law of any compact state, the bylaws shall exclusively govern 3 the personnel policies and programs of the commission. 4 (6) Promulgating a code of ethics to address permissible and 5 prohibited activities of commission members and employees. 6 (7) Providing a mechanism for concluding the operations of 7 the commission and the equitable disposition of any surplus 8 funds that may exist after the termination of the compact after 9 the payment or reserving of all of its debts and obligations. 10 (8) The commission shall publish its bylaws in a convenient 11 form and file a copy thereof and a copy of any amendment 12 thereto, with the appropriate agency or officer in each of the 13 compact states. 14 (9) The commission shall maintain its financial records in 15 accordance with the bylaws. 16 (10) The commission shall meet and take such actions as are 17 consistent with the provisions of this compact and the bylaws. 18 d. The commission shall have all of the following powers: 19 (1) The authority to promulgate uniform rules to facilitate 20 and coordinate implementation and administration of this 21 compact. The rules shall have the force and effect of law and 22 shall be binding in all compact states. 23 (2) To bring and prosecute legal proceedings or actions in 24 the name of the commission, provided that the standing of any 25 state psychology regulatory authority or other regulatory body 26 responsible for psychology licensure to sue or be sued under 27 applicable law shall not be affected. 28 (3) To purchase and maintain insurance and bonds. 29 (4) To borrow, accept, or contract for services of 30 personnel, including but not limited to employees of a compact 31 state. 32 (5) To hire employees, elect or appoint officers, fix 33 compensation, define duties, grant such individuals appropriate 34 authority to carry out the purposes of the compact, and to 35 -33- HF 2676 (3) 91 ss/ko/md 33/ 49
H.F. 2676 establish the commission’s personnel policies and programs 1 relating to conflicts of interest, qualifications of personnel, 2 and other related personnel matters. 3 (6) To accept any and all appropriate donations and grants 4 of money, equipment, supplies, materials and services, and to 5 receive, utilize, and dispose of the same; provided that at all 6 times the commission shall strive to avoid any appearance of 7 impropriety or conflict of interest. 8 (7) To lease, purchase, accept appropriate gifts or 9 donations of, or otherwise to own, hold, improve, or use, 10 any property, real, personal, or mixed; provided that at all 11 times the commission shall strive to avoid any appearance of 12 impropriety. 13 (8) To sell, convey, mortgage, pledge, lease, exchange, 14 abandon, or otherwise dispose of any property real, personal, 15 or mixed. 16 (9) To establish a budget and make expenditures. 17 (10) To borrow money. 18 (11) To appoint committees, including advisory committees 19 comprised of members, state regulators, state legislators or 20 their representatives, and consumer representatives, and such 21 other interested persons as may be designated in this compact 22 and the bylaws. 23 (12) To provide and receive information from, and to 24 cooperate with, law enforcement agencies. 25 (13) To adopt and use an official seal. 26 (14) To perform such other functions as may be necessary or 27 appropriate to achieve the purposes of this compact consistent 28 with the state regulation of psychology licensure, temporary 29 in-person, face-to-face practice, and telepsychology practice. 30 e. The executive board. 31 (1) The elected officers shall serve as the executive board, 32 which shall have the power to act on behalf of the commission 33 according to the terms of this compact. 34 (2) The executive board shall be comprised of the following 35 -34- HF 2676 (3) 91 ss/ko/md 34/ 49
H.F. 2676 six members: 1 (a) Five voting members who are elected from the current 2 membership of the commission by the commission. 3 (b) One ex officio, nonvoting member from the recognized 4 membership organization composed of state and provincial 5 psychology regulatory authorities. 6 (3) The ex officio member must have served as staff or 7 member on a state psychology regulatory authority and shall be 8 selected by its respective organization. 9 (4) The commission may remove any member of the executive 10 board as provided in the bylaws. 11 (5) The executive board shall meet at least annually. 12 (6) The executive board shall have all of the following 13 duties and responsibilities: 14 (a) Recommend to the entire commission changes to the rules 15 or bylaws, changes to this compact legislation, fees paid by 16 compact states such as annual dues, and any other applicable 17 fees. 18 (b) Ensure compact administration services are 19 appropriately provided, contractual or otherwise. 20 (c) Prepare and recommend the budget. 21 (d) Maintain financial records on behalf of the commission. 22 (e) Monitor compact compliance of member states and provide 23 compliance reports to the commission. 24 (f) Establish additional committees as necessary. 25 (g) Other duties as provided in the rules or bylaws. 26 f. Financing of the commission. 27 (1) The commission shall pay, or provide for the payment of, 28 the reasonable expenses of its establishment, organization, and 29 ongoing activities. 30 (2) The commission may accept any and all appropriate 31 revenue sources, donations and grants of money, equipment, 32 supplies, materials, and services. 33 (3) The commission may levy on and collect an annual 34 assessment from each compact state or impose fees on other 35 -35- HF 2676 (3) 91 ss/ko/md 35/ 49
H.F. 2676 parties to cover the cost of the operations and activities of 1 the commission and its staff which must be in a total amount 2 sufficient to cover its annual budget as approved each year 3 for which revenue is not provided by other sources. The 4 aggregate annual assessment amount shall be allocated based 5 upon a formula to be determined by the commission which shall 6 promulgate a rule binding upon all compact states. 7 (4) The commission shall not incur obligations of any kind 8 prior to securing the funds adequate to meet the same; nor 9 shall the commission pledge the credit of any of the compact 10 states, except by and with the authority of the compact state. 11 (5) The commission shall keep accurate accounts of all 12 receipts and disbursements. The receipts and disbursements of 13 the commission shall be subject to the audit and accounting 14 procedures established under its bylaws. However, all receipts 15 and disbursements of funds handled by the commission shall be 16 audited yearly by a certified or licensed public accountant and 17 the report of the audit shall be included in and become part of 18 the annual report of the commission. 19 g. Qualified immunity, defense, and indemnification. 20 (1) The members, officers, executive director, employees, 21 and representatives of the commission shall be immune from suit 22 and liability, either personally or in their official capacity, 23 for any claim for damage to or loss of property or personal 24 injury or other civil liability caused by or arising out of any 25 actual or alleged act, error, or omission that occurred, or 26 that the person against whom the claim is made had a reasonable 27 basis for believing occurred within the scope of commission 28 employment, duties, or responsibilities; provided that nothing 29 in this subparagraph shall be construed to protect any such 30 person from suit or liability for any damage, loss, injury, 31 or liability caused by the intentional or willful or wanton 32 misconduct of that person. 33 (2) The commission shall defend any member, officer, 34 executive director, employee, or representative of the 35 -36- HF 2676 (3) 91 ss/ko/md 36/ 49
H.F. 2676 commission in any civil action seeking to impose liability 1 arising out of any actual or alleged act, error, or omission 2 that occurred within the scope of commission employment, 3 duties, or responsibilities, or that the person against 4 whom the claim is made had a reasonable basis for believing 5 occurred within the scope of commission employment, duties, or 6 responsibilities; provided that nothing in this subparagraph 7 shall be construed to prohibit that person from retaining the 8 person’s own counsel; and provided further, that the actual 9 or alleged act, error, or omission did not result from that 10 person’s intentional or willful or wanton misconduct. 11 (3) The commission shall indemnify and hold harmless 12 any member, officer, executive director, employee, or 13 representative of the commission for the amount of any 14 settlement or judgment obtained against that person arising 15 out of any actual or alleged act, error, or omission that 16 occurred within the scope of commission employment, duties, 17 or responsibilities, or that such person had a reasonable 18 basis for believing occurred within the scope of commission 19 employment, duties, or responsibilities, provided that the 20 actual or alleged act, error, or omission did not result from 21 the intentional or willful or wanton misconduct of that person. 22 11. Article XI —— Rulemaking. 23 a. The commission shall exercise its rulemaking powers 24 pursuant to the criteria set forth in this article XI and the 25 rules adopted under this article XI. Rules and amendments 26 shall become binding as of the date specified in each rule or 27 amendment. 28 b. If a majority of the legislatures of the compact states 29 rejects a rule, by enactment of a statute or resolution in the 30 same manner used to adopt this compact, then such rule shall 31 have no further force and effect in any compact state. 32 c. Rules or amendments to the rules shall be adopted at a 33 regular or special meeting of the commission. 34 d. Prior to promulgation and adoption of a final rule or 35 -37- HF 2676 (3) 91 ss/ko/md 37/ 49
H.F. 2676 rules by the commission, and at least sixty days in advance 1 of the meeting at which the rule will be considered and voted 2 upon, the commission shall file a notice of proposed rulemaking 3 on both of the following: 4 (1) On the internet site of the commission. 5 (2) On the internet site of each compact state’s psychology 6 regulatory authority or the publication in which each state 7 would otherwise publish proposed rules. 8 e. The notice of proposed rulemaking shall include all of 9 the following: 10 (1) The proposed time, date, and location of the meeting in 11 which the rule will be considered and voted upon. 12 (2) The text of the proposed rule or amendment and the 13 reason for the proposed rule. 14 (3) A request for comments on the proposed rule from any 15 interested person. 16 (4) The manner in which interested persons may submit notice 17 to the commission of their intention to attend the public 18 hearing and any written comments. 19 f. Prior to adoption of a proposed rule, the commission 20 shall allow persons to submit written data, facts, opinions, 21 and arguments, which shall be made available to the public. 22 g. The commission shall grant an opportunity for a public 23 hearing before it adopts a rule or amendment if a hearing is 24 requested by any of the following: 25 (1) At least twenty-five persons who submit comments 26 independently of each other. 27 (2) A governmental subdivision or agency. 28 (3) A duly appointed person in an association that has at 29 least twenty-five members. 30 h. If a hearing is held on the proposed rule or amendment, 31 the commission shall publish the place, time, and date of the 32 scheduled public hearing. 33 (1) All persons wishing to be heard at the hearing shall 34 notify the executive director of the commission or other 35 -38- HF 2676 (3) 91 ss/ko/md 38/ 49
H.F. 2676 designated member in writing of their desire to appear and 1 testify at the hearing not less than five business days before 2 the scheduled date of the hearing. 3 (2) Hearings shall be conducted in a manner providing each 4 person who wishes to comment a fair and reasonable opportunity 5 to comment orally or in writing. 6 (3) No transcript of the hearing is required, unless 7 a written request for a transcript is made, in which case 8 the person requesting the transcript shall bear the cost of 9 producing the transcript. A recording may be made in lieu of a 10 transcript under the same terms and conditions as a transcript. 11 This subparagraph shall not preclude the commission from making 12 a transcript or recording of the hearing if it so chooses. 13 (4) Nothing in this article shall be construed as requiring 14 a separate hearing on each rule. Rules may be grouped for the 15 convenience of the commission at hearings required by this 16 article. 17 i. Following the scheduled hearing date, or by the close 18 of business on the scheduled hearing date if the hearing was 19 not held, the commission shall consider all written and oral 20 comments received. 21 j. The commission shall, by majority vote of all members, 22 take final action on the proposed rule and shall determine the 23 effective date of the rule, if any, based on the rulemaking 24 record and the full text of the rule. 25 k. If no written notice of intent to attend the public 26 hearing by interested parties is received, the commission may 27 proceed with promulgation of the proposed rule without a public 28 hearing. 29 l. Upon determination that an emergency exists, the 30 commission may consider and adopt an emergency rule without 31 prior notice, opportunity for comment, or hearing, provided 32 that the usual rulemaking procedures provided in this compact 33 and in this article shall be retroactively applied to the rule 34 as soon as reasonably possible, in no event later than ninety 35 -39- HF 2676 (3) 91 ss/ko/md 39/ 49
H.F. 2676 days after the effective date of the rule. For the purposes of 1 this paragraph, an emergency rule is one that must be adopted 2 immediately in order to address any of the following: 3 (1) Meet an imminent threat to public health, safety, or 4 welfare. 5 (2) Prevent a loss of commission or compact state funds. 6 (3) Meet a deadline for the promulgation of an 7 administrative rule that is established by federal law or rule. 8 (4) Protect public health and safety. 9 m. The commission or an authorized committee of the 10 commission may direct revisions to a previously adopted rule 11 or amendment for purposes of correcting typographical errors, 12 errors in format, errors in consistency, or grammatical errors. 13 Public notice of any revisions shall be posted on the website 14 of the commission. The revision shall be subject to challenge 15 by any person for a period of thirty days after posting. The 16 revision may be challenged only on grounds that the revision 17 results in a material change to a rule. A challenge shall be 18 made in writing, and delivered to the chair of the commission 19 prior to the end of the notice period. If no challenge is 20 made, the revision will take effect without further action. If 21 the revision is challenged, the revision shall not take effect 22 without the approval of the commission. 23 12. Article XII —— Oversight, dispute resolution, and 24 enforcement. 25 a. Oversight. 26 (1) The executive, legislative, and judicial branches 27 of state government in each compact state shall enforce this 28 compact and take all actions necessary and appropriate to 29 effectuate this compact’s purposes and intent. The provisions 30 of this compact and the rules promulgated under this compact 31 shall have standing as statutory law. 32 (2) All courts shall take judicial notice of this compact 33 and the rules in any judicial or administrative proceeding in a 34 compact state pertaining to the subject matter of this compact 35 -40- HF 2676 (3) 91 ss/ko/md 40/ 49
H.F. 2676 which may affect the powers, responsibilities, or actions of 1 the commission. 2 (3) The commission shall be entitled to receive service 3 of process in any such proceeding, and shall have standing to 4 intervene in such a proceeding for all purposes. Failure to 5 provide service of process to the commission shall render a 6 judgment or order void as to the commission, this compact, or 7 promulgated rules. 8 b. Default, technical assistance, and termination. 9 (1) If the commission determines that a compact state 10 has defaulted in the performance of its obligations or 11 responsibilities under this compact or the promulgated rules, 12 the commission shall do all of the following: 13 (a) Provide written notice to the defaulting state and other 14 compact states of the nature of the default, the proposed means 15 of remedying the default, or any other action to be taken by 16 the commission. 17 (b) Provide remedial training and specific technical 18 assistance regarding the default. 19 (2) If a state in default fails to remedy the default, the 20 defaulting state may be terminated from this compact upon an 21 affirmative vote of a majority of the compact states, and all 22 rights, privileges, and benefits conferred by this compact 23 shall be terminated on the effective date of termination. A 24 remedy of the default does not relieve the offending state 25 of obligations or liabilities incurred during the period of 26 default. 27 (3) Termination of membership in this compact shall be 28 imposed only after all other means of securing compliance have 29 been exhausted. Notice of intent to suspend or terminate shall 30 be submitted by the commission to the governor, the majority 31 and minority leaders of the defaulting state’s legislature, and 32 each of the compact states. 33 (4) A compact state which has been terminated is 34 responsible for all assessments, obligations, and liabilities 35 -41- HF 2676 (3) 91 ss/ko/md 41/ 49
H.F. 2676 incurred through the effective date of termination, including 1 obligations which extend beyond the effective date of 2 termination. 3 (5) The commission shall not bear any costs incurred by 4 the state which is found to be in default or which has been 5 terminated from this compact, unless agreed upon in writing 6 between the commission and the defaulting state. 7 (6) The defaulting state may appeal the action of the 8 commission by petitioning the United States district court for 9 the state of Georgia or the federal district where the compact 10 has its principal offices. The prevailing member shall be 11 awarded all costs of such litigation, including reasonable 12 attorney fees. 13 c. Dispute resolution. 14 (1) Upon request by a compact state, the commission shall 15 attempt to resolve disputes related to this compact which arise 16 among compact states and between compact and noncompact states. 17 (2) The commission shall promulgate a rule providing for 18 both mediation and binding dispute resolution for disputes that 19 arise before the commission. 20 d. Enforcement. 21 (1) The commission, in the reasonable exercise of its 22 discretion, shall enforce the provisions and rules of this 23 compact. 24 (2) By majority vote, the commission may initiate legal 25 action in the United States district court for the state 26 of Georgia or the federal district where the compact has 27 its principal offices against a compact state in default to 28 enforce compliance with the provisions of the compact and its 29 promulgated rules and bylaws. The relief sought may include 30 both injunctive relief and damages. In the event judicial 31 enforcement is necessary, the prevailing member shall be 32 awarded all costs of such litigation, including reasonable 33 attorney’s fees. 34 (3) The remedies in this article shall not be the exclusive 35 -42- HF 2676 (3) 91 ss/ko/md 42/ 49
H.F. 2676 remedies of the commission. The commission may pursue any 1 other remedies available under federal or state law. 2 13. Article XIII —— Date of implementation of the psychology 3 interjurisdictional compact commission and associated rules, 4 withdrawal, and amendments. 5 a. This compact shall come into effect on the date on which 6 the compact is enacted into law in the seventh compact state. 7 The provisions which become effective at that time shall be 8 limited to the powers granted to the commission relating to 9 assembly and the promulgation of rules. Thereafter, the 10 commission shall meet and exercise rulemaking powers necessary 11 to the implementation and administration of this compact. 12 b. Any state which joins the compact subsequent to the 13 commission’s initial adoption of the rules shall be subject 14 to the rules as they exist on the date on which the compact 15 becomes law in that state. Any rule which has been previously 16 adopted by the commission shall have the full force and effect 17 of law on the day the compact becomes law in that state. 18 c. Any compact state may withdraw from this compact by 19 enacting a statute repealing the compact. 20 (1) A compact state’s withdrawal shall not take effect until 21 six months after enactment of the repealing statute. 22 (2) Withdrawal shall not affect the continuing requirement 23 of the withdrawing state’s psychology regulatory authority to 24 comply with the investigative and adverse action reporting 25 requirements of this compact prior to the effective date of 26 withdrawal. 27 d. Nothing contained in this compact shall be construed to 28 invalidate or prevent any psychology licensure agreement or 29 other cooperative arrangement between a compact state and a 30 noncompact state which does not conflict with the provisions of 31 this compact. 32 e. This compact may be amended by the compact states. No 33 amendment to this compact shall become effective and binding 34 upon any compact state until it is enacted into the law of all 35 -43- HF 2676 (3) 91 ss/ko/md 43/ 49
H.F. 2676 compact states. 1 14. Article XIV —— Construction and severability. This 2 compact shall be liberally construed so as to effectuate the 3 purposes thereof. If this compact shall be held contrary to 4 the constitution of any compact state, the compact shall remain 5 in full force and effect as to the remaining compact states. 6 DIVISION IX 7 EDUCATIONAL REQUIREMENTS 8 Sec. 27. LEGISLATIVE INTENT. It is the intent of the 9 general assembly to do all of the following: 10 1. Prioritize and expand children’s participation in youth 11 sports and active play. 12 2. Promote the physical, mental, and civic benefits of daily 13 movement, exercise, and good nutrition. 14 Sec. 28. Section 256.9, Code 2026, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 80. Develop and distribute to school 17 districts, charter schools, and innovation zone schools a model 18 cocurricular or extracurricular activity contract that, if 19 executed, would satisfy a school district’s, charter school’s, 20 or innovation zone school’s responsibilities under section 21 279.89. 22 Sec. 29. Section 256.11, subsection 3, paragraph a, 23 subparagraph (6), Code 2026, is amended to read as follows: 24 (6) Physical education. Each student shall be required to 25 participate in physical education for at least thirty minutes 26 during each school day. The physical education curriculum 27 shall include an assessment of the physical fitness of students 28 who are physically able using the presidential physical fitness 29 test. 30 Sec. 30. Section 256.11, subsection 4, paragraph a, 31 subparagraph (8), Code 2026, is amended to read as follows: 32 (8) Physical education. Each student shall be required to 33 participate in physical education for at least thirty minutes 34 during each school day. The physical education curriculum 35 -44- HF 2676 (3) 91 ss/ko/md 44/ 49
H.F. 2676 shall include an assessment of the physical fitness of students 1 who are physically able using the presidential physical fitness 2 test. 3 Sec. 31. Section 256.11, subsection 5, paragraph g, Code 4 2026, is amended to read as follows: 5 g. (1) All students physically able shall be required 6 to participate in a minimum of one-eighth unit of physical 7 education activities during each semester they are enrolled in 8 school except as otherwise provided in this paragraph. The 9 physical education activities must satisfy all of the following 10 requirements: 11 (a) Emphasize leisure time activities which will benefit 12 the student outside the school environment and after graduation 13 from high school. 14 (b) Include an assessment of the physical fitness of 15 students who are physically able using the presidential 16 physical fitness test. 17 (2) (a) A student who meets the requirements of this 18 paragraph subparagraph shall be excused from the physical 19 education activities requirement under subparagraph (1) by the 20 principal of the school in which the student is enrolled if 21 the parent or guardian of the student requests in writing that 22 the student be excused from the physical education activities 23 requirement. A student who wishes to be excused from the 24 physical education activities requirement must be seeking to be 25 excused in order to enroll in academic courses not otherwise 26 available to the student, or be enrolled or participating in 27 any of the following: 28 (a) (i) A work-based learning program or other educational 29 program authorized by the school which requires the student to 30 leave the school premises for specified periods of time during 31 the school day. 32 (b) (ii) An activity that is sponsored by the school in 33 which the student is enrolled which requires at least as much 34 physical activity per week as one-eighth unit of physical 35 -45- HF 2676 (3) 91 ss/ko/md 45/ 49
H.F. 2676 education activities . 1 (2) (b) The principal of the school shall inform the 2 superintendent of the school district or nonpublic school that 3 the student has been excused. Physical education activities 4 shall emphasize leisure time activities which will benefit the 5 student outside the school environment and after graduation 6 from high school. 7 (3) A student who is enrolled in a junior reserve officers’ 8 training corps shall not be required to participate in physical 9 education activities under subparagraph (1) or to meet the 10 physical activity requirements of subsection 6 , paragraph 11 “b” , subparagraph (2), but shall receive one-eighth unit of 12 physical education activities credit for each semester, or the 13 equivalent, of junior reserve officers’ training corps the 14 student completes. 15 Sec. 32. Section 256.11, subsection 6, paragraph b, 16 subparagraph (1), Code 2026, is amended to read as follows: 17 (1) All In addition to the physical education curriculum 18 required under subsection 3, physically able students in 19 kindergarten through grade five shall be required to engage in 20 a physical activity for a minimum of thirty one hundred twenty 21 minutes per school day week . 22 Sec. 33. Section 256.11, subsection 6, paragraph b, Code 23 2026, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (02) All physically able students in 25 grades six through eight shall be required to engage in a 26 physical activity for a a minimum of one hundred twenty minutes 27 per week. 28 Sec. 34. Section 256E.7, subsection 2, paragraph h, Code 29 2026, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (02) The educational standards of 31 section 256.11 relating to the physical education and physical 32 activity requirements for students enrolled in grades one 33 through twelve. 34 Sec. 35. Section 256E.7, subsection 2, Code 2026, is amended 35 -46- HF 2676 (3) 91 ss/ko/md 46/ 49
H.F. 2676 by adding the following new paragraph: 1 NEW PARAGRAPH . 0s. Be subject to and comply with 2 the requirements of section 279.89 relating to required 3 participation of students enrolled in grades nine through 4 twelve in at least one cocurricular or extracurricular activity 5 as a condition of graduation. 6 Sec. 36. Section 256F.4, subsection 2, Code 2026, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . 0q. Be subject to and comply with the 9 requirements of section 256.11 relating to the physical 10 education and physical activity requirements for students 11 enrolled in grades one through twelve in the same manner as a 12 school district. 13 NEW PARAGRAPH . 0s. Be subject to and comply with 14 the requirements of section 279.89 relating to required 15 participation of students enrolled in grades nine through 16 twelve in at least one cocurricular or extracurricular activity 17 as a condition of graduation. 18 Sec. 37. NEW SECTION . 279.89 Required participation in a 19 cocurricular or extracurricular activity. 20 1. For purposes of this section: 21 a. “Cocurricular activity” means any school-supervised 22 activity that occurs outside of the traditional classroom 23 setting and that complements the regular curriculum. 24 “Cocurricular activity” includes but is not limited to all of 25 the following: 26 (1) Student government. 27 (2) Theater. 28 (3) Yearbook. 29 (4) Involvement with the national FFA organization. 30 (5) Competitive mathematics. 31 b. “Extracurricular activity” means any school-supervised 32 activity that occurs outside of the traditional classroom 33 setting and that does not directly complement the regular 34 curriculum. “Extracurricular activity” includes but is not 35 -47- HF 2676 (3) 91 ss/ko/md 47/ 49
H.F. 2676 limited to all of the following: 1 (1) Athletic contests or competitions. 2 (2) Dance. 3 (3) Band. 4 (4) Show choir. 5 (5) Robotics. 6 (6) Debate. 7 (7) Scouting programs. 8 (8) Youth groups. 9 2. a. The board of directors of each school district 10 shall require that all students enrolled in grades nine 11 through twelve participate in at least one cocurricular or 12 extracurricular activity as a condition of graduation. 13 b. The board of directors of each school district shall 14 require all students participating in a cocurricular or 15 extracurricular activity pursuant to paragraph “a” , the 16 student’s parent or guardian, and the principal of the 17 attendance center that the student attends to enter into 18 a cocurricular or extracurricular activity contract that 19 describes the activity in which the student will participate, 20 an estimate of the amount of time the student will devote to 21 the activity each week, and when such activity takes place 22 during the school year. 23 3. The state board of education shall adopt rules pursuant 24 to chapter 17A to administer this section. 25 Sec. 38. STATE MANDATE FUNDING SPECIFIED. In accordance 26 with section 25B.2, subsection 3, the state cost of requiring 27 compliance with any state mandate included in this division 28 of this Act shall be paid by a school district from state 29 school foundation aid received by the school district under 30 section 257.16. This specification of the payment of the state 31 cost shall be deemed to meet all of the state funding-related 32 requirements of section 25B.2, subsection 3, and no additional 33 state funding shall be necessary for the full implementation of 34 this division of this Act by and enforcement of this division 35 -48- HF 2676 (3) 91 ss/ko/md 48/ 49
H.F. 2676 of this Act against all affected school districts. 1 -49- HF 2676 (3) 91 ss/ko/md 49/ 49