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Senate File 78 - IntroducedA Bill ForAn Act 1adopting the psychology interjurisdictional compact.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147E.1 Psychology
2interjurisdictional compact.
3The psychology interjurisdictional compact is enacted into
4law and entered into by this state with all states legally
5joining in the compact in the form substantially as follows:
61. Article I — Purpose.
7a. The party states find that:
8(1) States license psychologists, in order to protect
9the public through verification of education, training,
10and experience, and ensure accountability for professional
11practice.
12(2) This compact is intended to regulate the day-to-day
13practice of telepsychology, in which psychological services are
14provided using telecommunication technologies, by psychologists
15across state boundaries in the performance of their
16psychological practice as assigned by an appropriate authority.
17(3) This compact is intended to regulate the temporary
18in-person, face-to-face practice of psychology by psychologists
19across state boundaries for thirty days within a calendar year
20in the performance of their psychological practice as assigned
21by an appropriate authority.
22(4) This compact is intended to authorize state psychology
23regulatory authorities to afford legal recognition, in a manner
24consistent with the terms of the compact, to psychologists
25licensed in another state.
26(5) This compact recognizes that states have a vested
27interest in protecting the public’s health and safety through
28their licensing and regulation of psychologists and that such
29state regulation will best protect public health and safety.
30(6) This compact does not apply when a psychologist is
31licensed in both the home and receiving states.
32(7) This compact does not apply to permanent in-person,
33face-to-face practice, but it does allow for authorization of
34temporary psychological practice.
35b. Consistent with these principles, this compact is
-1-1designed to achieve the following purposes and objectives:
2(1) Increase public access to professional psychological
3services by allowing for telepsychological practice across
4state lines as well as temporary in-person, face-to-face
5services into a state in which the psychologist is not licensed
6to practice psychology.
7(2) Enhance the states’ ability to protect the public’s
8health and safety, especially client-patient safety.
9(3) Encourage the cooperation of compact states in the areas
10of psychology licensure and regulation.
11(4) Facilitate the exchange of information between compact
12states regarding psychologist licensure, adverse actions, and
13disciplinary history.
14(5) Promote compliance with the laws governing
15psychological practice in each compact state.
16(6) Invest all compact states with the authority to
17hold licensed psychologists accountable through the mutual
18recognition of compact state licenses.
192. Article II — Definitions.
20a. “Adverse action” means any action taken by a state
21psychology regulatory authority which finds a violation
22of a statute or regulation that is identified by the state
23psychology regulatory authority as discipline and is a matter
24of public record.
25b. “Association of state and provincial psychology boards”
26means the recognized membership organization composed of state
27and provincial psychology regulatory authorities responsible
28for the licensure and registration of psychologists throughout
29the United States and Canada.
30c. “Authority to practice interjurisdictional telepsychology”
31means a licensed psychologist’s authority to practice
32telepsychology, within the limits authorized under this
33compact, in another compact state.
34d. “Bylaws” means those bylaws established by the psychology
35interjurisdictional compact commission pursuant to article
-2-1X for its governance, or for directing and controlling its
2actions and conduct.
3e. “Client-patient” means the recipient of psychological
4services, whether psychological services are delivered in the
5context of health care, corporate, supervision, or consulting
6services.
7f. “Commissioner” means the voting representative appointed
8by each state psychology regulatory authority pursuant to
9article X.
10g. “Compact state” means a state, the District of Columbia,
11or United States territory that has enacted this compact
12legislation and which has not withdrawn pursuant to article
13XIII, or been terminated pursuant to article XII.
14h. “Confidentiality” means the principle that data or
15information is not made available or disclosed to unauthorized
16persons or processes.
17i. “Coordinated licensure information system” or “coordinated
18database” means an integrated process for collecting, storing,
19and sharing information on psychologists’ licensure and
20enforcement activities related to psychology licensure laws,
21which is administered by the recognized membership organization
22composed of state and provincial psychology regulatory
23authorities.
24j. “Day” means any part of a day in which psychological work
25is performed.
26k. “Distant state” means the compact state where a
27psychologist is physically present, not through the use
28of telecommunications technologies, to provide temporary
29in-person, face-to-face psychological services.
30l. “E.Passport” means a certificate issued by the
31association of state and provincial psychology boards
32that promotes the standardization in the criteria of
33interjurisdictional telepsychology practice and facilitates the
34process for licensed psychologists to provide telepsychological
35services across state lines.
-3- 1m. “Executive board” means a group of directors elected or
2appointed to act on behalf of, and within the powers granted to
3them by, the commission.
4n. “Home state” means a compact state where a psychologist
5is licensed to practice psychology. If the psychologist is
6licensed in more than one compact state and is practicing
7under the authorization to practice interjurisdictional
8telepsychology, the home state is the compact state where the
9psychologist is physically present when the telepsychological
10services are delivered. If the psychologist is licensed
11in more than one compact state and is practicing under the
12temporary authorization to practice, the home state is any
13compact state where the psychologist is licensed.
14o. “Identity history summary” means a summary of information
15retained by the federal bureau of investigation (FBI), or other
16designee with similar authority, in connection with arrests
17and, in some instances, federal employment, naturalization, or
18military service.
19p. “In-person, face-to-face” means interactions in which the
20psychologist and the client-patient are in the same physical
21space and which does not include interactions that may occur
22through the use of telecommunication technologies.
23q. “Interjurisdictional practice certificate” or “IPC”
24means a certificate issued by the association of state and
25provincial psychology boards that grants temporary authority
26to practice based on notification to the state psychology
27regulatory authority of intention to practice temporarily, and
28verification of one’s qualifications for such practice.
29r. “License” means authorization by a state psychology
30regulatory authority to engage in the independent practice of
31psychology, which would be unlawful without the authorization.
32s. “Noncompact state” means any state which is not at the
33time a compact state.
34t. “Psychologist” means an individual licensed for the
35independent practice of psychology.
-4- 1u. “Psychology interjurisdictional compact commission” or
2“commission” means the national administration of which all
3compact states are members.
4v. “Receiving state” means a compact state where the
5client-patient is physically located when the telepsychological
6services are delivered.
7w. “Rule” means a written statement by the psychology
8interjurisdictional compact commission promulgated pursuant
9to article XI that is of general applicability, implements,
10interprets, or prescribes a policy or provision of this
11compact, or an organizational, procedural, or practice
12requirement of the commission and has the force and effect of
13statutory law in a compact state, and includes the amendment,
14repeal, or suspension of an existing rule.
15x. “Significant investigatory information” means any of the
16following:
17(1) Investigative information that a state psychology
18regulatory authority, after a preliminary inquiry that includes
19notification and an opportunity to respond if required by state
20law, has reason to believe, if proven true, would indicate more
21than a violation of state statute or ethics code that would be
22considered more substantial than a minor infraction.
23(2) Investigative information that indicates that the
24psychologist represents an immediate threat to public health
25and safety regardless of whether the psychologist has been
26notified or had an opportunity to respond.
27y. “State” means a state, commonwealth, territory, or
28possession of the United States, or the District of Columbia.
29z. “State psychology regulatory authority” means the board,
30office, or other agency with the legislative mandate to license
31and regulate the practice of psychology.
32aa. “Telepsychology” means the provision of psychological
33services using telecommunication technologies.
34ab. “Temporary authorization to practice” means a licensed
35psychologist’s authority to conduct temporary in-person,
-5-1face-to-face practice, within the limits authorized under this
2compact, in another compact state.
3ac. “Temporary in-person, face-to-face practice” means where
4a psychologist is physically present, not through the use
5of telecommunications technologies, in the distant state to
6provide for the practice of psychology for thirty days within a
7calendar year and based on notification to the distant state.
83. Article III — Home state licensure.
9a. The home state shall be a compact state where a
10psychologist is licensed to practice psychology.
11b. A psychologist may hold one or more compact state
12licenses at a time. If the psychologist is licensed in more
13than one compact state, the home state is the compact state
14where the psychologist is physically present when the services
15are delivered as authorized by the authority to practice
16interjurisdictional telepsychology under the terms of this
17compact.
18c. Any compact state may require a psychologist not
19previously licensed in a compact state to obtain and retain
20a license to be authorized to practice in the compact state
21under circumstances not authorized by the authority to practice
22interjurisdictional telepsychology under the terms of this
23compact.
24d. Any compact state may require a psychologist to obtain
25and retain a license to be authorized to practice in a
26compact state under circumstances not authorized by temporary
27authorization to practice under the terms of this compact.
28e. A home state’s license authorizes a psychologist to
29practice in a receiving state under the authority to practice
30interjurisdictional telepsychology only if the compact state
31meets all of the following requirements:
32(1) Currently requires the psychologist to hold an active
33E.Passport.
34(2) Has a mechanism in place for receiving and investigating
35complaints about licensed individuals.
-6- 1(3) Notifies the commission, in compliance with the terms
2herein, of any adverse action or significant investigatory
3information regarding a licensed individual.
4(4) Requires an identity history summary of all applicants
5at initial licensure, including the use of the results of
6fingerprints or other biometric data checks compliant with the
7requirements of the federal bureau of investigation (FBI), or
8other designee with similar authority, no later than ten years
9after activation of the this compact.
10(5) Complies with the bylaws and rules of the commission.
11f. A home state’s license grants temporary authorization
12to practice to a psychologist in a distant state only if the
13compact state meets all of the following requirements:
14(1) Currently requires the psychologist to hold an active
15IPC.
16(2) Has a mechanism in place for receiving and investigating
17complaints about licensed individuals.
18(3) Notifies the commission, in compliance with the terms
19herein, of any adverse action or significant investigatory
20information regarding a licensed individual.
21(4) Requires an identity history summary of all applicants
22at initial licensure, including the use of the results of
23fingerprints or other biometric data checks compliant with the
24requirements of the federal bureau of investigation (FBI), or
25other designee with similar authority, no later than ten years
26after activation of this compact.
27(5) Complies with the bylaws and rules of the commission.
284. Article IV — Compact privilege to practice
29telepsychology.
30a. Compact states shall recognize the right of a
31psychologist, licensed in a compact state in conformance with
32article III, to practice telepsychology in receiving states in
33which the psychologist is not licensed, under the authority to
34practice interjurisdictional telepsychology as provided in this
35compact.
-7- 1b. To exercise the authority to practice interjurisdictional
2telepsychology under the terms and provisions of this compact,
3a psychologist licensed to practice in a compact state shall
4meet all of the following requirements:
5(1) Hold a graduate degree in psychology from an institution
6of higher education that was either of the following, at the
7time the degree was awarded:
8(a) Regionally accredited by an accrediting body recognized
9by the United States department of education to grant graduate
10degrees, or authorized by provincial statute or royal charter
11to grant doctoral degrees.
12(b) A foreign college or university deemed to be equivalent
13to subparagraph (1), subparagraph division (a), by a foreign
14credential evaluation service that is a member of the national
15association of credential evaluation services or by a
16recognized foreign credential evaluation service.
17(2) Hold a graduate degree in psychology that meets all of
18the following criteria:
19(a) The program, wherever it may be administratively
20housed, must be clearly identified and labeled as a
21psychology program. Such a program must specify in pertinent
22institutional catalogues and brochures its intent to educate
23and train professional psychologists.
24(b) The psychology program must stand as a recognizable,
25coherent, organizational entity within the institution.
26(c) There must be a clear authority and primary
27responsibility for the core and specialty areas whether or not
28the program cuts across administrative lines.
29(d) The program must consist of an integrated, organized
30sequence of study.
31(e) There must be an identifiable psychology
32faculty sufficient in size and breadth to carry out its
33responsibilities.
34(f) The designated director of the program must be a
35psychologist and a member of the core faculty.
-8- 1(g) The program must have an identifiable body of students
2who are matriculated in that program for a degree.
3(h) The program must include supervised practicum,
4internship, or field training appropriate to the practice of
5psychology.
6(i) The curriculum shall encompass a minimum of three
7academic years of full-time graduate study for doctoral degrees
8and a minimum of one academic year of full-time graduate study
9for master’s degrees.
10(j) The program includes an acceptable residency as defined
11by the rules of the commission.
12(3) Possess a current, full, and unrestricted license to
13practice psychology in a home state which is a compact state.
14(4) Have no history of adverse action that violates the
15rules of the commission.
16(5) Have no criminal record history reported on an identity
17history summary that violates the rules of the commission.
18(6) Possess a current, active E.Passport.
19(7) Provide attestations in regard to areas of intended
20practice, conformity with standards of practice, competence in
21telepsychology technology; criminal background; and knowledge
22and adherence to legal requirements in the home and receiving
23states, and provide a release of information to allow for
24primary source verification in a manner specified by the
25commission.
26(8) Meet other criteria as defined by the rules of the
27commission.
28c. The home state maintains authority over the license of
29any psychologist practicing into a receiving state under the
30authority to practice interjurisdictional telepsychology.
31d. A psychologist practicing into a receiving state under
32the authority to practice interjurisdictional telepsychology
33shall be subject to the receiving state’s scope of practice.
34A receiving state may, in accordance with that state’s due
35process law, limit or revoke a psychologist’s authority to
-9-1practice interjurisdictional telepsychology in the receiving
2state and may take any other necessary actions under the
3receiving state’s applicable law to protect the health and
4safety of the receiving state’s citizens. If a receiving state
5takes action, the state shall promptly notify the home state
6and the commission.
7e. If a psychologist’s license in any home state or another
8compact state, or any authority to practice interjurisdictional
9telepsychology in any receiving state, is restricted,
10suspended, or otherwise limited, the E.Passport shall be
11revoked and the psychologist shall not be eligible to practice
12telepsychology in a compact state under the authority to
13practice interjurisdictional telepsychology.
145. Article V — Compact temporary authorization to practice.
15a. Compact states shall also recognize the right of a
16psychologist, licensed in a compact state in conformance with
17article III, to practice temporarily in distant states in which
18the psychologist is not licensed, as provided in this compact.
19b. To exercise the temporary authorization to practice
20under the terms and provisions of this compact, a psychologist
21licensed to practice in a compact state shall meet all of the
22following requirements:
23(1) Hold a graduate degree in psychology from an institution
24of higher education that was either of the following, at the
25time the degree was awarded:
26(a) Regionally accredited by an accrediting body recognized
27by the United States department of education to grant graduate
28degrees, or authorized by provincial statute or royal charter
29to grant doctoral degrees.
30(b) A foreign college or university deemed to be equivalent
31to subparagraph (1), subparagraph division (a), by a foreign
32credential evaluation service that is a member of the national
33association of credential evaluation services or by a
34recognized foreign credential evaluation service.
35(2) Hold a graduate degree in psychology that meets all of
-10-1the following criteria:
2(a) The program, wherever it may be administratively
3housed, must be clearly identified and labeled as a
4psychology program. Such a program must specify in pertinent
5institutional catalogues and brochures its intent to educate
6and train professional psychologists.
7(b) The psychology program must stand as a recognizable,
8coherent, organizational entity within the institution.
9(c) There must be a clear authority and primary
10responsibility for the core and specialty areas whether or not
11the program cuts across administrative lines.
12(d) The program must consist of an integrated, organized
13sequence of study.
14(e) There must be an identifiable psychology
15faculty sufficient in size and breadth to carry out its
16responsibilities.
17(f) The designated director of the program must be a
18psychologist and a member of the core faculty.
19(g) The program must have an identifiable body of students
20who are matriculated in that program for a degree.
21(h) The program must include supervised practicum,
22internship, or field training appropriate to the practice of
23psychology.
24(i) The curriculum shall encompass a minimum of three
25academic years of full-time graduate study for doctoral degrees
26and a minimum of one academic year of full-time graduate study
27for master’s degrees.
28(j) The program includes an acceptable residency as defined
29by the rules of the commission.
30(3) Possess a current, full, and unrestricted license to
31practice psychology in a home state which is a compact state.
32(4) Have no history of adverse action that violates the
33rules of the commission.
34(5) Have no criminal record history that violates the rules
35of the commission.
-11- 1(6) Possess a current, active IPC.
2(7) Provide attestations in regard to areas of intended
3practice and work experience and provide a release of
4information to allow for primary source verification in a
5manner specified by the commission.
6(8) Meet other criteria as defined by the rules of the
7commission.
8c. A psychologist practicing into a distant state under the
9temporary authorization to practice shall practice within the
10scope of practice authorized by the distant state.
11d. A psychologist practicing into a distant state under the
12temporary authorization to practice shall be subject to the
13distant state’s authority and law. A distant state may, in
14accordance with that state’s due process law, limit or revoke
15a psychologist’s temporary authorization to practice in the
16distant state and may take any other necessary actions under
17the distant state’s applicable law to protect the health and
18safety of the distant state’s citizens. If a distant state
19takes action, the state shall promptly notify the home state
20and the commission.
21e. If a psychologist’s license in any home state, another
22compact state, or any temporary authorization to practice in
23any distant state, is restricted, suspended, or otherwise
24limited, the IPC shall be revoked and the psychologist shall
25not be eligible to practice in a compact state under the
26temporary authorization to practice.
276. Article VI — Conditions of telepsychology practice in a
28receiving state.
29a. A psychologist may practice in a receiving state under
30the authority to practice interjurisdictional telepsychology
31only in the performance of the scope of practice for psychology
32as assigned by an appropriate state psychology regulatory
33authority, as defined in the rules of the commission, and under
34the following circumstances:
35(1) The psychologist initiates a client-patient contact
-12-1in a home state via telecommunications technologies with a
2client-patient in a receiving state.
3(2) Other conditions regarding telepsychology as determined
4by rules promulgated by the commission.
57. Article VII — Adverse actions.
6a. A home state shall have the power to impose adverse
7action against a psychologist’s license issued by the home
8state. A distant state shall have the power to take adverse
9action on a psychologist’s temporary authorization to practice
10within that distant state.
11b. A receiving state may take adverse action on a
12psychologist’s authority to practice interjurisdictional
13telepsychology within that receiving state. A home state may
14take adverse action against a psychologist based on an adverse
15action taken by a distant state regarding temporary in-person,
16face-to-face practice.
17c. If a home state takes adverse action against a
18psychologist’s license, that psychologist’s authority to
19practice interjurisdictional telepsychology is terminated and
20the E.Passport is revoked. Furthermore, that psychologist’s
21temporary authorization to practice is terminated and the IPC
22is revoked.
23(1) All home state disciplinary orders which impose adverse
24action shall be reported to the commission in accordance with
25the rules promulgated by the commission. A compact state shall
26report adverse actions in accordance with the rules of the
27commission.
28(2) In the event discipline is reported on a psychologist,
29the psychologist shall not be eligible for telepsychology or
30temporary in-person, face-to-face practice in accordance with
31the rules of the commission.
32(3) Other actions may be imposed as determined by the rules
33promulgated by the commission.
34d. A home state’s psychology regulatory authority shall
35investigate and take appropriate action with respect to
-13-1reported inappropriate conduct engaged in by a licensee which
2occurred in a receiving state as it would if such conduct had
3occurred by a licensee within the home state. In such cases,
4the home state’s law shall control in determining any adverse
5action against a psychologist’s license.
6e. A distant state’s psychology regulatory authority
7shall investigate and take appropriate action with respect to
8reported inappropriate conduct engaged in by a psychologist
9practicing under temporary authorization to practice which
10occurred in that distant state as it would if such conduct
11had occurred by a licensee within the home state. In such
12cases, the distant state’s law shall control in determining any
13adverse action against a psychologist’s temporary authorization
14to practice.
15f. Nothing in this compact shall override a compact state’s
16decision that a psychologist’s participation in an alternative
17program may be used in lieu of adverse action and that such
18participation shall remain nonpublic if required by the compact
19state’s law. Compact states shall require psychologists who
20enter any alternative programs to not provide telepsychology
21services under the authority to practice interjurisdictional
22telepsychology or provide temporary psychological services
23under the temporary authorization to practice in any other
24compact state during the term of the alternative program.
25g. No other judicial or administrative remedies shall
26be available to a psychologist in the event a compact state
27imposes an adverse action pursuant to paragraph “c”.
288. Article VIII — Additional authorities invested in a
29compact state’s psychology regulatory authority.
30a. In addition to any other powers granted under state law,
31a compact state’s psychology regulatory authority shall have
32the authority under this compact to do all of the following:
33(1) Issue subpoenas, for both hearings and investigations,
34which require the attendance and testimony of witnesses and
35the production of evidence. Subpoenas issued by a compact
-14-1state’s psychology regulatory authority for the attendance
2and testimony of witnesses or the production of evidence from
3another compact state shall be enforced in the latter state by
4any court of competent jurisdiction, according to that court’s
5practice and procedure in considering subpoenas issued in its
6own proceedings. The issuing state psychology regulatory
7authority shall pay any witness fees, travel expenses, mileage,
8and other fees required by the service statutes of the state
9where the witnesses or evidence are located.
10(2) Issue cease and desist or injunctive relief
11orders to revoke a psychologist’s authority to practice
12interjurisdictional telepsychology or temporary authorization
13to practice.
14(3) During the course of any investigation, a psychologist
15may not change the psychologist’s home state licensure. A
16home state psychology regulatory authority is authorized to
17complete any pending investigations of a psychologist and
18to take any actions appropriate under its law. The home
19state psychology regulatory authority shall promptly report
20the conclusions of such investigations to the commission.
21Once an investigation has been completed, and pending the
22outcome of said investigation, the psychologist may change the
23psychologist’s home state licensure. The commission shall
24promptly notify the new home state of any such decisions as
25provided in the rules of the commission. All information
26provided to the commission or distributed by compact states
27pursuant to the psychologist shall be confidential, filed under
28seal, and used for investigatory or disciplinary matters.
29The commission may create additional rules for mandated or
30discretionary sharing of information by compact states.
319. Article IX — Coordinated licensure information system.
32a. The commission shall provide for the development and
33maintenance of a coordinated licensure information system and
34reporting system containing licensure and disciplinary action
35information on all psychologists individuals to whom this
-15-1compact is applicable in all compact states as defined by the
2rules of the commission.
3b. Notwithstanding any other provision of state law to the
4contrary, a compact state shall submit a uniform data set to
5the coordinated database on all licensees as required by the
6rules of the commission, including all of the following:
7(1) Identifying information.
8(2) Licensure data.
9(3) Significant investigatory information.
10(4) Adverse actions against a psychologist’s license.
11(5) An indicator that a psychologist’s authority to
12practice interjurisdictional telepsychology or temporary
13authorization to practice is revoked.
14(6) Nonconfidential information related to alternative
15program participation information.
16(7) Any denial of application for licensure, and the reasons
17for such denial.
18(8) Other information which may facilitate the
19administration of this compact, as determined by the rules of
20the commission.
21c. The coordinated database administrator shall promptly
22notify all compact states of any adverse action taken against,
23or significant investigative information on, any licensee in a
24compact state.
25d. Compact states reporting information to the coordinated
26database may designate information that may not be shared with
27the public without the express permission of the compact state
28reporting the information.
29e. Any information submitted to the coordinated database
30that is subsequently required to be expunged by the law of the
31compact state reporting the information shall be removed from
32the coordinated database.
3310. Article X — Establishment of the psychology
34interjurisdictional compact commission.
35a. The compact states hereby create and establish a joint
-16-1public agency known as the psychology interjurisdictional
2compact commission.
3(1) The commission is a body politic and an instrumentality
4of the compact states.
5(2) Venue is proper and judicial proceedings by or against
6the commission shall be brought solely and exclusively in a
7court of competent jurisdiction where the principal office of
8the commission is located. The commission may waive venue and
9jurisdictional defenses to the extent it adopts or consents to
10participate in alternative dispute resolution proceedings.
11(3) Nothing in this compact shall be construed to be a
12waiver of sovereign immunity.
13b. Membership, voting, and meetings.
14(1) The commission shall consist of one voting
15representative appointed by each compact state who shall serve
16as that state’s commissioner. The state psychology regulatory
17authority shall appoint its delegate. This delegate shall be
18empowered to act on behalf of the compact state. This delegate
19shall be limited to one of the following:
20(a) The executive director, executive secretary, or similar
21executive.
22(b) A current member of the state psychology regulatory
23authority of a compact state.
24(c) A designee empowered with the appropriate delegate
25authority to act on behalf of the compact state.
26(2) Any commissioner may be removed or suspended from office
27as provided by the law of the state from which the commissioner
28is appointed. Any vacancy occurring in the commission shall
29be filled in accordance with the laws of the compact state in
30which the vacancy exists.
31(3) Each commissioner shall be entitled to one vote with
32regard to the promulgation of rules and creation of bylaws
33and shall otherwise have an opportunity to participate in
34the business and affairs of the commission. A commissioner
35shall vote in person or by such other means as provided
-17-1in the bylaws. The bylaws may provide for commissioners’
2participation in meetings by telephone or other means of
3communication.
4(4) The commission shall meet at least once during each
5calendar year. Additional meetings shall be held as set forth
6in the bylaws.
7(5) All meetings shall be open to the public, and public
8notice of meetings shall be given in the same manner as
9required under the rulemaking provisions in article XI.
10(6) The commission may convene in a closed, nonpublic
11meeting if the commission must discuss any of the following:
12(a) Noncompliance of a compact state with its obligations
13under this compact.
14(b) The employment, compensation, discipline, or other
15personnel matters, practices, or procedures related to specific
16employees or other matters related to the commission’s internal
17personnel practices and procedures.
18(c) Current, threatened, or reasonably anticipated
19litigation against the commission.
20(d) Negotiation of contracts for the purchase or sale of
21goods, services, or real estate.
22(e) Accusation against any person of a crime or formal
23censure of any person.
24(f) Disclosure of trade secrets or commercial or financial
25information which is privileged or confidential.
26(g) Disclosure of information of a personal nature where
27disclosure would constitute a clearly unwarranted invasion of
28personal privacy.
29(h) Disclosure of investigatory records compiled for law
30enforcement purposes.
31(i) Disclosure of information related to any investigatory
32reports prepared by or on behalf of or for use of the
33commission or other committee charged with responsibility for
34investigation or determination of compliance issues pursuant
35to the compact.
-18- 1(j) Matters specifically exempted from disclosure by
2federal and state statute.
3(7) If a meeting, or portion of a meeting, is closed
4pursuant to subparagraph (6), the commission’s legal counsel or
5designee shall certify that the meeting may be closed and shall
6reference each relevant exempting provision. The commission
7shall keep minutes which fully and clearly describe all matters
8discussed in a meeting and shall provide a full and accurate
9summary of actions taken, of any person participating in the
10meeting, and the reasons therefore, including a description of
11the views expressed. All documents considered in connection
12with an action shall be identified in such minutes. All
13minutes and documents of a closed meeting shall remain under
14seal, subject to release only by a majority vote of the
15commission or order of a court of competent jurisdiction.
16c. The commission shall, by a majority vote of the
17commissioners, prescribe bylaws or rules to govern its conduct
18as may be necessary or appropriate to carry out the purposes
19and exercise the powers of this compact, including but not
20limited to or providing for all of the following:
21(1) Establishing the fiscal year of the commission.
22(2) Providing reasonable standards and procedures for all
23of the following:
24(a) The establishment and meetings of other committees.
25(b) Governing any general or specific delegation of any
26authority or function of the commission.
27(3) Providing reasonable procedures for calling and
28conducting meetings of the commission, ensuring reasonable
29advance notice of all meetings and providing an opportunity
30for attendance of such meetings by interested parties,
31with enumerated exceptions designed to protect the public’s
32interest, the privacy of individuals of such proceedings,
33and proprietary information, including trade secrets. The
34commission may meet in closed session only after a majority
35of the commissioners vote to close a meeting to the public in
-19-1whole or in part. As soon as practicable, the commission shall
2make public a copy of the vote to close the meeting revealing
3the vote of each commissioner with no proxy votes allowed.
4(4) Establishing the titles, duties, and authority and
5reasonable procedures for the election of the officers of the
6commission.
7(5) Providing reasonable standards and procedures for the
8establishment of the personnel policies and programs of the
9commission. Notwithstanding any civil service or other similar
10law of any compact state, the bylaws shall exclusively govern
11the personnel policies and programs of the commission.
12(6) Promulgating a code of ethics to address permissible and
13prohibited activities of commission members and employees.
14(7) Providing a mechanism for concluding the operations of
15the commission and the equitable disposition of any surplus
16funds that may exist after the termination of the compact after
17the payment or reserving of all of its debts and obligations.
18(8) The commission shall publish its bylaws in a convenient
19form and file a copy thereof and a copy of any amendment
20thereto, with the appropriate agency or officer in each of the
21compact states.
22(9) The commission shall maintain its financial records in
23accordance with the bylaws.
24(10) The commission shall meet and take such actions as are
25consistent with the provisions of this compact and the bylaws.
26d. The commission shall have all of the following powers:
27(1) The authority to promulgate uniform rules to facilitate
28and coordinate implementation and administration of this
29compact. The rules shall have the force and effect of law and
30shall be binding in all compact states.
31(2) To bring and prosecute legal proceedings or actions in
32the name of the commission, provided that the standing of any
33state psychology regulatory authority or other regulatory body
34responsible for psychology licensure to sue or be sued under
35applicable law shall not be affected.
-20- 1(3) To purchase and maintain insurance and bonds.
2(4) To borrow, accept, or contract for services of
3personnel, including but not limited to employees of a compact
4state.
5(5) To hire employees, elect or appoint officers, fix
6compensation, define duties, grant such individuals appropriate
7authority to carry out the purposes of the compact, and to
8establish the commission’s personnel policies and programs
9relating to conflicts of interest, qualifications of personnel,
10and other related personnel matters.
11(6) To accept any and all appropriate donations and grants
12of money, equipment, supplies, materials and services, and to
13receive, utilize, and dispose of the same; provided that at all
14times the commission shall strive to avoid any appearance of
15impropriety or conflict of interest.
16(7) To lease, purchase, accept appropriate gifts or
17donations of, or otherwise to own, hold, improve, or use,
18any property, real, personal, or mixed; provided that at all
19times the commission shall strive to avoid any appearance of
20impropriety.
21(8) To sell, convey, mortgage, pledge, lease, exchange,
22abandon, or otherwise dispose of any property real, personal,
23or mixed.
24(9) To establish a budget and make expenditures.
25(10) To borrow money.
26(11) To appoint committees, including advisory committees
27comprised of members, state regulators, state legislators or
28their representatives, and consumer representatives, and such
29other interested persons as may be designated in this compact
30and the bylaws.
31(12) To provide and receive information from, and to
32cooperate with, law enforcement agencies.
33(13) To adopt and use an official seal.
34(14) To perform such other functions as may be necessary or
35appropriate to achieve the purposes of this compact consistent
-21-1with the state regulation of psychology licensure, temporary
2in-person, face-to-face practice, and telepsychology practice.
3e. The executive board.
4The elected officers shall serve as the executive board,
5which shall have the power to act on behalf of the commission
6according to the terms of this compact.
7(1) The executive board shall be comprised of the following
8six members:
9(a) Five voting members who are elected from the current
10membership of the commission by the commission.
11(b) One ex officio, nonvoting member from the recognized
12membership organization composed of state and provincial
13psychology regulatory authorities.
14(2) The ex officio member must have served as staff or
15member on a state psychology regulatory authority and shall be
16selected by its respective organization.
17(3) The commission may remove any member of the executive
18board as provided in the bylaws.
19(4) The executive board shall meet at least annually.
20(5) The executive board shall have all of the following
21duties and responsibilities:
22(a) Recommend to the entire commission changes to the rules
23or bylaws, changes to this compact legislation, fees paid by
24compact states such as annual dues, and any other applicable
25fees.
26(b) Ensure compact administration services are
27appropriately provided, contractual or otherwise.
28(c) Prepare and recommend the budget.
29(d) Maintain financial records on behalf of the commission.
30(e) Monitor compact compliance of member states and provide
31compliance reports to the commission.
32(f) Establish additional committees as necessary.
33(g) Other duties as provided in the rules or bylaws.
34f. Financing of the commission.
35(1) The commission shall pay, or provide for the payment of,
-22-1the reasonable expenses of its establishment, organization, and
2ongoing activities.
3(2) The commission may accept any and all appropriate
4revenue sources, donations and grants of money, equipment,
5supplies, materials, and services.
6(3) The commission may levy on and collect an annual
7assessment from each compact state or impose fees on other
8parties to cover the cost of the operations and activities of
9the commission and its staff which must be in a total amount
10sufficient to cover its annual budget as approved each year
11for which revenue is not provided by other sources. The
12aggregate annual assessment amount shall be allocated based
13upon a formula to be determined by the commission which shall
14promulgate a rule binding upon all compact states.
15(4) The commission shall not incur obligations of any kind
16prior to securing the funds adequate to meet the same; nor
17shall the commission pledge the credit of any of the compact
18states, except by and with the authority of the compact state.
19(5) The commission shall keep accurate accounts of all
20receipts and disbursements. The receipts and disbursements of
21the commission shall be subject to the audit and accounting
22procedures established under its bylaws. However, all receipts
23and disbursements of funds handled by the commission shall be
24audited yearly by a certified or licensed public accountant and
25the report of the audit shall be included in and become part of
26the annual report of the commission.
27g. Qualified immunity, defense, and indemnification.
28(1) The members, officers, executive director, employees,
29and representatives of the commission shall be immune from suit
30and liability, either personally or in their official capacity,
31for any claim for damage to or loss of property or personal
32injury or other civil liability caused by or arising out of any
33actual or alleged act, error, or omission that occurred, or
34that the person against whom the claim is made had a reasonable
35basis for believing occurred within the scope of commission
-23-1employment, duties, or responsibilities; provided that nothing
2in this subparagraph shall be construed to protect any such
3person from suit or liability for any damage, loss, injury,
4or liability caused by the intentional or willful or wanton
5misconduct of that person.
6(2) The commission shall defend any member, officer,
7executive director, employee, or representative of the
8commission in any civil action seeking to impose liability
9arising out of any actual or alleged act, error, or omission
10that occurred within the scope of commission employment,
11duties, or responsibilities, or that the person against
12whom the claim is made had a reasonable basis for believing
13occurred within the scope of commission employment, duties, or
14responsibilities; provided that nothing in this subparagraph
15shall be construed to prohibit that person from retaining the
16person’s own counsel; and provided further, that the actual
17or alleged act, error, or omission did not result from that
18person’s intentional or willful or wanton misconduct.
19(3) The commission shall indemnify and hold harmless
20any member, officer, executive director, employee, or
21representative of the commission for the amount of any
22settlement or judgment obtained against that person arising
23out of any actual or alleged act, error, or omission that
24occurred within the scope of commission employment, duties,
25or responsibilities, or that such person had a reasonable
26basis for believing occurred within the scope of commission
27employment, duties, or responsibilities, provided that the
28actual or alleged act, error, or omission did not result from
29the intentional or willful or wanton misconduct of that person.
3011. Article XI — Rulemaking.
31a. The commission shall exercise its rulemaking powers
32pursuant to the criteria set forth in this article XI and the
33rules adopted under this article XI. Rules and amendments
34shall become binding as of the date specified in each rule or
35amendment.
-24- 1b. If a majority of the legislatures of the compact states
2rejects a rule, by enactment of a statute or resolution in the
3same manner used to adopt this compact, then such rule shall
4have no further force and effect in any compact state.
5c. Rules or amendments to the rules shall be adopted at a
6regular or special meeting of the commission.
7d. Prior to promulgation and adoption of a final rule or
8rules by the commission, and at least sixty days in advance
9of the meeting at which the rule will be considered and voted
10upon, the commission shall file a notice of proposed rulemaking
11on both of the following:
12(1) On the website of the commission.
13(2) On the website of each compact state’s psychology
14regulatory authority or the publication in which each state
15would otherwise publish proposed rules.
16e. The notice of proposed rulemaking shall include all of
17the following:
18(1) The proposed time, date, and location of the meeting in
19which the rule will be considered and voted upon.
20(2) The text of the proposed rule or amendment and the
21reason for the proposed rule.
22(3) A request for comments on the proposed rule from any
23interested person.
24(4) The manner in which interested persons may submit notice
25to the commission of their intention to attend the public
26hearing and any written comments.
27f. Prior to adoption of a proposed rule, the commission
28shall allow persons to submit written data, facts, opinions,
29and arguments, which shall be made available to the public.
30g. The commission shall grant an opportunity for a public
31hearing before it adopts a rule or amendment if a hearing is
32requested by any of the following:
33(1) At least twenty-five persons who submit comments
34independently of each other.
35(2) A governmental subdivision or agency.
-25- 1(3) A duly appointed person in an association that has at
2least twenty-five members.
3h. If a hearing is held on the proposed rule or amendment,
4the commission shall publish the place, time, and date of the
5scheduled public hearing.
6(1) All persons wishing to be heard at the hearing shall
7notify the executive director of the commission or other
8designated member in writing of their desire to appear and
9testify at the hearing not less than five business days before
10the scheduled date of the hearing.
11(2) Hearings shall be conducted in a manner providing each
12person who wishes to comment a fair and reasonable opportunity
13to comment orally or in writing.
14(3) No transcript of the hearing is required, unless
15a written request for a transcript is made, in which case
16the person requesting the transcript shall bear the cost of
17producing the transcript. A recording may be made in lieu of a
18transcript under the same terms and conditions as a transcript.
19This subparagraph shall not preclude the commission from making
20a transcript or recording of the hearing if it so chooses.
21(4) Nothing in this article shall be construed as requiring
22a separate hearing on each rule. Rules may be grouped for the
23convenience of the commission at hearings required by this
24article.
25i. Following the scheduled hearing date, or by the close
26of business on the scheduled hearing date if the hearing was
27not held, the commission shall consider all written and oral
28comments received.
29j. The commission shall, by majority vote of all members,
30take final action on the proposed rule and shall determine the
31effective date of the rule, if any, based on the rulemaking
32record and the full text of the rule.
33k. If no written notice of intent to attend the public
34hearing by interested parties is received, the commission may
35proceed with promulgation of the proposed rule without a public
-26-1hearing.
2l. Upon determination that an emergency exists, the
3commission may consider and adopt an emergency rule without
4prior notice, opportunity for comment, or hearing, provided
5that the usual rulemaking procedures provided in this compact
6and in this article shall be retroactively applied to the rule
7as soon as reasonably possible, in no event later than ninety
8days after the effective date of the rule. For the purposes of
9this paragraph, an emergency rule is one that must be adopted
10immediately in order to address any of the following:
11(1) Meet an imminent threat to public health, safety, or
12welfare.
13(2) Prevent a loss of commission or compact state funds.
14(3) Meet a deadline for the promulgation of an
15administrative rule that is established by federal law or rule.
16(4) Protect public health and safety.
17m. The commission or an authorized committee of the
18commission may direct revisions to a previously adopted rule
19or amendment for purposes of correcting typographical errors,
20errors in format, errors in consistency, or grammatical errors.
21Public notice of any revisions shall be posted on the website
22of the commission. The revision shall be subject to challenge
23by any person for a period of thirty days after posting. The
24revision may be challenged only on grounds that the revision
25results in a material change to a rule. A challenge shall be
26made in writing, and delivered to the chair of the commission
27prior to the end of the notice period. If no challenge is
28made, the revision will take effect without further action. If
29the revision is challenged, the revision shall not take effect
30without the approval of the commission.
3112. Article XII — Oversight, dispute resolution, and
32enforcement.
33a. Oversight.
34(1) The executive, legislative, and judicial branches
35of state government in each compact state shall enforce this
-27-1compact and take all actions necessary and appropriate to
2effectuate this compact’s purposes and intent. The provisions
3of this compact and the rules promulgated under this compact
4shall have standing as statutory law.
5(2) All courts shall take judicial notice of this compact
6and the rules in any judicial or administrative proceeding in a
7compact state pertaining to the subject matter of this compact
8which may affect the powers, responsibilities, or actions of
9the commission.
10(3) The commission shall be entitled to receive service
11of process in any such proceeding, and shall have standing to
12intervene in such a proceeding for all purposes. Failure to
13provide service of process to the commission shall render a
14judgment or order void as to the commission, this compact, or
15promulgated rules.
16b. Default, technical assistance, and termination.
17(1) If the commission determines that a compact state
18has defaulted in the performance of its obligations or
19responsibilities under this compact or the promulgated rules,
20the commission shall do all of the following:
21(a) Provide written notice to the defaulting state and other
22compact states of the nature of the default, the proposed means
23of remedying the default, or any other action to be taken by
24the commission.
25(b) Provide remedial training and specific technical
26assistance regarding the default.
27(2) If a state in default fails to remedy the default, the
28defaulting state may be terminated from this compact upon an
29affirmative vote of a majority of the compact states, and all
30rights, privileges, and benefits conferred by this compact
31shall be terminated on the effective date of termination. A
32remedy of the default does not relieve the offending state
33of obligations or liabilities incurred during the period of
34default.
35(3) Termination of membership in this compact shall be
-28-1imposed only after all other means of securing compliance have
2been exhausted. Notice of intent to suspend or terminate shall
3be submitted by the commission to the governor, the majority
4and minority leaders of the defaulting state’s legislature, and
5each of the compact states.
6(4) A compact state which has been terminated is
7responsible for all assessments, obligations, and liabilities
8incurred through the effective date of termination, including
9obligations which extend beyond the effective date of
10termination.
11(5) The commission shall not bear any costs incurred by
12the state which is found to be in default or which has been
13terminated from this compact, unless agreed upon in writing
14between the commission and the defaulting state.
15(6) The defaulting state may appeal the action of the
16commission by petitioning the United States district court for
17the District of Columbia or the federal district where the
18compact has its principal offices. The prevailing member shall
19be awarded all costs of such litigation, including reasonable
20attorney fees.
21c. Dispute resolution.
22(1) Upon request by a compact state, the commission shall
23attempt to resolve disputes related to this compact which arise
24among compact states and between compact and noncompact states.
25(2) The commission shall promulgate a rule providing for
26both mediation and binding dispute resolution for disputes that
27arise before the commission.
28d. Enforcement.
29(1) The commission, in the reasonable exercise of its
30discretion, shall enforce the provisions and rules of this
31compact.
32(2) By majority vote, the commission may initiate legal
33action in the United States district court for the District
34of Columbia or the federal district where the compact has
35its principal offices against a compact state in default to
-29-1enforce compliance with the provisions of the compact and its
2promulgated rules and bylaws. The relief sought may include
3both injunctive relief and damages. In the event judicial
4enforcement is necessary, the prevailing member shall be
5awarded all costs of such litigation, including reasonable
6attorney’s fees.
7(3) The remedies in this article shall not be the exclusive
8remedies of the commission. The commission may pursue any
9other remedies available under federal or state law.
1013. Article XIII — Date of implementation of the psychology
11interjurisdictional compact commission and associated rules,
12withdrawal, and amendments.
13a. This compact shall come into effect on the date on which
14the compact is enacted into law in the seventh compact state.
15The provisions which become effective at that time shall be
16limited to the powers granted to the commission relating to
17assembly and the promulgation of rules. Thereafter, the
18commission shall meet and exercise rulemaking powers necessary
19to the implementation and administration of this compact.
20b. Any state which joins the compact subsequent to the
21commission’s initial adoption of the rules shall be subject
22to the rules as they exist on the date on which the compact
23becomes law in that state. Any rule which has been previously
24adopted by the commission shall have the full force and effect
25of law on the day the compact becomes law in that state.
26c. Any compact state may withdraw from this compact by
27enacting a statute repealing the compact.
28(1) A compact state’s withdrawal shall not take effect until
29six months after enactment of the repealing statute.
30(2) Withdrawal shall not affect the continuing requirement
31of the withdrawing state’s psychology regulatory authority to
32comply with the investigative and adverse action reporting
33requirements of this compact prior to the effective date of
34withdrawal.
35d. Nothing contained in this compact shall be construed to
-30-1invalidate or prevent any psychology licensure agreement or
2other cooperative arrangement between a compact state and a
3noncompact state which does not conflict with the provisions of
4this compact.
5e. This compact may be amended by the compact states. No
6amendment to this compact shall become effective and binding
7upon any compact state until it is enacted into the law of all
8compact states.
914. Article XIV — Construction and severability. This
10compact shall be liberally construed so as to effectuate the
11purposes thereof. If this compact shall be held contrary to
12the constitution of any compact state, the compact shall remain
13in full force and effect as to the remaining compact states.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill creates an interstate compact to allow
18psychologists from other states to practice telepsychology with
19patients living in Iowa, to practice “face-to-face” psychology
20on a temporary basis in Iowa, and to allow Iowa psychologists
21to practice telepsychology with patients in other states. The
22compact is intended to authorize regulatory authorities to
23afford legal recognition, in a manner consistent with the terms
24of the compact, to psychologists licensed in another state.
25The compact does not apply when a psychologist is licensed
26in both the “home” and “receiving” states. A commission is
27created to oversee the compact, which is effective upon the
28enactment into law by the seventh compact state.
-31-pf/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 147E.1 Psychology
2interjurisdictional compact.
3The psychology interjurisdictional compact is enacted into
4law and entered into by this state with all states legally
5joining in the compact in the form substantially as follows:
61. Article I — Purpose.
7a. The party states find that:
8(1) States license psychologists, in order to protect
9the public through verification of education, training,
10and experience, and ensure accountability for professional
11practice.
12(2) This compact is intended to regulate the day-to-day
13practice of telepsychology, in which psychological services are
14provided using telecommunication technologies, by psychologists
15across state boundaries in the performance of their
16psychological practice as assigned by an appropriate authority.
17(3) This compact is intended to regulate the temporary
18in-person, face-to-face practice of psychology by psychologists
19across state boundaries for thirty days within a calendar year
20in the performance of their psychological practice as assigned
21by an appropriate authority.
22(4) This compact is intended to authorize state psychology
23regulatory authorities to afford legal recognition, in a manner
24consistent with the terms of the compact, to psychologists
25licensed in another state.
26(5) This compact recognizes that states have a vested
27interest in protecting the public’s health and safety through
28their licensing and regulation of psychologists and that such
29state regulation will best protect public health and safety.
30(6) This compact does not apply when a psychologist is
31licensed in both the home and receiving states.
32(7) This compact does not apply to permanent in-person,
33face-to-face practice, but it does allow for authorization of
34temporary psychological practice.
35b. Consistent with these principles, this compact is
-1-1designed to achieve the following purposes and objectives:
2(1) Increase public access to professional psychological
3services by allowing for telepsychological practice across
4state lines as well as temporary in-person, face-to-face
5services into a state in which the psychologist is not licensed
6to practice psychology.
7(2) Enhance the states’ ability to protect the public’s
8health and safety, especially client-patient safety.
9(3) Encourage the cooperation of compact states in the areas
10of psychology licensure and regulation.
11(4) Facilitate the exchange of information between compact
12states regarding psychologist licensure, adverse actions, and
13disciplinary history.
14(5) Promote compliance with the laws governing
15psychological practice in each compact state.
16(6) Invest all compact states with the authority to
17hold licensed psychologists accountable through the mutual
18recognition of compact state licenses.
192. Article II — Definitions.
20a. “Adverse action” means any action taken by a state
21psychology regulatory authority which finds a violation
22of a statute or regulation that is identified by the state
23psychology regulatory authority as discipline and is a matter
24of public record.
25b. “Association of state and provincial psychology boards”
26means the recognized membership organization composed of state
27and provincial psychology regulatory authorities responsible
28for the licensure and registration of psychologists throughout
29the United States and Canada.
30c. “Authority to practice interjurisdictional telepsychology”
31means a licensed psychologist’s authority to practice
32telepsychology, within the limits authorized under this
33compact, in another compact state.
34d. “Bylaws” means those bylaws established by the psychology
35interjurisdictional compact commission pursuant to article
-2-1X for its governance, or for directing and controlling its
2actions and conduct.
3e. “Client-patient” means the recipient of psychological
4services, whether psychological services are delivered in the
5context of health care, corporate, supervision, or consulting
6services.
7f. “Commissioner” means the voting representative appointed
8by each state psychology regulatory authority pursuant to
9article X.
10g. “Compact state” means a state, the District of Columbia,
11or United States territory that has enacted this compact
12legislation and which has not withdrawn pursuant to article
13XIII, or been terminated pursuant to article XII.
14h. “Confidentiality” means the principle that data or
15information is not made available or disclosed to unauthorized
16persons or processes.
17i. “Coordinated licensure information system” or “coordinated
18database” means an integrated process for collecting, storing,
19and sharing information on psychologists’ licensure and
20enforcement activities related to psychology licensure laws,
21which is administered by the recognized membership organization
22composed of state and provincial psychology regulatory
23authorities.
24j. “Day” means any part of a day in which psychological work
25is performed.
26k. “Distant state” means the compact state where a
27psychologist is physically present, not through the use
28of telecommunications technologies, to provide temporary
29in-person, face-to-face psychological services.
30l. “E.Passport” means a certificate issued by the
31association of state and provincial psychology boards
32that promotes the standardization in the criteria of
33interjurisdictional telepsychology practice and facilitates the
34process for licensed psychologists to provide telepsychological
35services across state lines.
-3- 1m. “Executive board” means a group of directors elected or
2appointed to act on behalf of, and within the powers granted to
3them by, the commission.
4n. “Home state” means a compact state where a psychologist
5is licensed to practice psychology. If the psychologist is
6licensed in more than one compact state and is practicing
7under the authorization to practice interjurisdictional
8telepsychology, the home state is the compact state where the
9psychologist is physically present when the telepsychological
10services are delivered. If the psychologist is licensed
11in more than one compact state and is practicing under the
12temporary authorization to practice, the home state is any
13compact state where the psychologist is licensed.
14o. “Identity history summary” means a summary of information
15retained by the federal bureau of investigation (FBI), or other
16designee with similar authority, in connection with arrests
17and, in some instances, federal employment, naturalization, or
18military service.
19p. “In-person, face-to-face” means interactions in which the
20psychologist and the client-patient are in the same physical
21space and which does not include interactions that may occur
22through the use of telecommunication technologies.
23q. “Interjurisdictional practice certificate” or “IPC”
24means a certificate issued by the association of state and
25provincial psychology boards that grants temporary authority
26to practice based on notification to the state psychology
27regulatory authority of intention to practice temporarily, and
28verification of one’s qualifications for such practice.
29r. “License” means authorization by a state psychology
30regulatory authority to engage in the independent practice of
31psychology, which would be unlawful without the authorization.
32s. “Noncompact state” means any state which is not at the
33time a compact state.
34t. “Psychologist” means an individual licensed for the
35independent practice of psychology.
-4- 1u. “Psychology interjurisdictional compact commission” or
2“commission” means the national administration of which all
3compact states are members.
4v. “Receiving state” means a compact state where the
5client-patient is physically located when the telepsychological
6services are delivered.
7w. “Rule” means a written statement by the psychology
8interjurisdictional compact commission promulgated pursuant
9to article XI that is of general applicability, implements,
10interprets, or prescribes a policy or provision of this
11compact, or an organizational, procedural, or practice
12requirement of the commission and has the force and effect of
13statutory law in a compact state, and includes the amendment,
14repeal, or suspension of an existing rule.
15x. “Significant investigatory information” means any of the
16following:
17(1) Investigative information that a state psychology
18regulatory authority, after a preliminary inquiry that includes
19notification and an opportunity to respond if required by state
20law, has reason to believe, if proven true, would indicate more
21than a violation of state statute or ethics code that would be
22considered more substantial than a minor infraction.
23(2) Investigative information that indicates that the
24psychologist represents an immediate threat to public health
25and safety regardless of whether the psychologist has been
26notified or had an opportunity to respond.
27y. “State” means a state, commonwealth, territory, or
28possession of the United States, or the District of Columbia.
29z. “State psychology regulatory authority” means the board,
30office, or other agency with the legislative mandate to license
31and regulate the practice of psychology.
32aa. “Telepsychology” means the provision of psychological
33services using telecommunication technologies.
34ab. “Temporary authorization to practice” means a licensed
35psychologist’s authority to conduct temporary in-person,
-5-1face-to-face practice, within the limits authorized under this
2compact, in another compact state.
3ac. “Temporary in-person, face-to-face practice” means where
4a psychologist is physically present, not through the use
5of telecommunications technologies, in the distant state to
6provide for the practice of psychology for thirty days within a
7calendar year and based on notification to the distant state.
83. Article III — Home state licensure.
9a. The home state shall be a compact state where a
10psychologist is licensed to practice psychology.
11b. A psychologist may hold one or more compact state
12licenses at a time. If the psychologist is licensed in more
13than one compact state, the home state is the compact state
14where the psychologist is physically present when the services
15are delivered as authorized by the authority to practice
16interjurisdictional telepsychology under the terms of this
17compact.
18c. Any compact state may require a psychologist not
19previously licensed in a compact state to obtain and retain
20a license to be authorized to practice in the compact state
21under circumstances not authorized by the authority to practice
22interjurisdictional telepsychology under the terms of this
23compact.
24d. Any compact state may require a psychologist to obtain
25and retain a license to be authorized to practice in a
26compact state under circumstances not authorized by temporary
27authorization to practice under the terms of this compact.
28e. A home state’s license authorizes a psychologist to
29practice in a receiving state under the authority to practice
30interjurisdictional telepsychology only if the compact state
31meets all of the following requirements:
32(1) Currently requires the psychologist to hold an active
33E.Passport.
34(2) Has a mechanism in place for receiving and investigating
35complaints about licensed individuals.
-6- 1(3) Notifies the commission, in compliance with the terms
2herein, of any adverse action or significant investigatory
3information regarding a licensed individual.
4(4) Requires an identity history summary of all applicants
5at initial licensure, including the use of the results of
6fingerprints or other biometric data checks compliant with the
7requirements of the federal bureau of investigation (FBI), or
8other designee with similar authority, no later than ten years
9after activation of the this compact.
10(5) Complies with the bylaws and rules of the commission.
11f. A home state’s license grants temporary authorization
12to practice to a psychologist in a distant state only if the
13compact state meets all of the following requirements:
14(1) Currently requires the psychologist to hold an active
15IPC.
16(2) Has a mechanism in place for receiving and investigating
17complaints about licensed individuals.
18(3) Notifies the commission, in compliance with the terms
19herein, of any adverse action or significant investigatory
20information regarding a licensed individual.
21(4) Requires an identity history summary of all applicants
22at initial licensure, including the use of the results of
23fingerprints or other biometric data checks compliant with the
24requirements of the federal bureau of investigation (FBI), or
25other designee with similar authority, no later than ten years
26after activation of this compact.
27(5) Complies with the bylaws and rules of the commission.
284. Article IV — Compact privilege to practice
29telepsychology.
30a. Compact states shall recognize the right of a
31psychologist, licensed in a compact state in conformance with
32article III, to practice telepsychology in receiving states in
33which the psychologist is not licensed, under the authority to
34practice interjurisdictional telepsychology as provided in this
35compact.
-7- 1b. To exercise the authority to practice interjurisdictional
2telepsychology under the terms and provisions of this compact,
3a psychologist licensed to practice in a compact state shall
4meet all of the following requirements:
5(1) Hold a graduate degree in psychology from an institution
6of higher education that was either of the following, at the
7time the degree was awarded:
8(a) Regionally accredited by an accrediting body recognized
9by the United States department of education to grant graduate
10degrees, or authorized by provincial statute or royal charter
11to grant doctoral degrees.
12(b) A foreign college or university deemed to be equivalent
13to subparagraph (1), subparagraph division (a), by a foreign
14credential evaluation service that is a member of the national
15association of credential evaluation services or by a
16recognized foreign credential evaluation service.
17(2) Hold a graduate degree in psychology that meets all of
18the following criteria:
19(a) The program, wherever it may be administratively
20housed, must be clearly identified and labeled as a
21psychology program. Such a program must specify in pertinent
22institutional catalogues and brochures its intent to educate
23and train professional psychologists.
24(b) The psychology program must stand as a recognizable,
25coherent, organizational entity within the institution.
26(c) There must be a clear authority and primary
27responsibility for the core and specialty areas whether or not
28the program cuts across administrative lines.
29(d) The program must consist of an integrated, organized
30sequence of study.
31(e) There must be an identifiable psychology
32faculty sufficient in size and breadth to carry out its
33responsibilities.
34(f) The designated director of the program must be a
35psychologist and a member of the core faculty.
-8- 1(g) The program must have an identifiable body of students
2who are matriculated in that program for a degree.
3(h) The program must include supervised practicum,
4internship, or field training appropriate to the practice of
5psychology.
6(i) The curriculum shall encompass a minimum of three
7academic years of full-time graduate study for doctoral degrees
8and a minimum of one academic year of full-time graduate study
9for master’s degrees.
10(j) The program includes an acceptable residency as defined
11by the rules of the commission.
12(3) Possess a current, full, and unrestricted license to
13practice psychology in a home state which is a compact state.
14(4) Have no history of adverse action that violates the
15rules of the commission.
16(5) Have no criminal record history reported on an identity
17history summary that violates the rules of the commission.
18(6) Possess a current, active E.Passport.
19(7) Provide attestations in regard to areas of intended
20practice, conformity with standards of practice, competence in
21telepsychology technology; criminal background; and knowledge
22and adherence to legal requirements in the home and receiving
23states, and provide a release of information to allow for
24primary source verification in a manner specified by the
25commission.
26(8) Meet other criteria as defined by the rules of the
27commission.
28c. The home state maintains authority over the license of
29any psychologist practicing into a receiving state under the
30authority to practice interjurisdictional telepsychology.
31d. A psychologist practicing into a receiving state under
32the authority to practice interjurisdictional telepsychology
33shall be subject to the receiving state’s scope of practice.
34A receiving state may, in accordance with that state’s due
35process law, limit or revoke a psychologist’s authority to
-9-1practice interjurisdictional telepsychology in the receiving
2state and may take any other necessary actions under the
3receiving state’s applicable law to protect the health and
4safety of the receiving state’s citizens. If a receiving state
5takes action, the state shall promptly notify the home state
6and the commission.
7e. If a psychologist’s license in any home state or another
8compact state, or any authority to practice interjurisdictional
9telepsychology in any receiving state, is restricted,
10suspended, or otherwise limited, the E.Passport shall be
11revoked and the psychologist shall not be eligible to practice
12telepsychology in a compact state under the authority to
13practice interjurisdictional telepsychology.
145. Article V — Compact temporary authorization to practice.
15a. Compact states shall also recognize the right of a
16psychologist, licensed in a compact state in conformance with
17article III, to practice temporarily in distant states in which
18the psychologist is not licensed, as provided in this compact.
19b. To exercise the temporary authorization to practice
20under the terms and provisions of this compact, a psychologist
21licensed to practice in a compact state shall meet all of the
22following requirements:
23(1) Hold a graduate degree in psychology from an institution
24of higher education that was either of the following, at the
25time the degree was awarded:
26(a) Regionally accredited by an accrediting body recognized
27by the United States department of education to grant graduate
28degrees, or authorized by provincial statute or royal charter
29to grant doctoral degrees.
30(b) A foreign college or university deemed to be equivalent
31to subparagraph (1), subparagraph division (a), by a foreign
32credential evaluation service that is a member of the national
33association of credential evaluation services or by a
34recognized foreign credential evaluation service.
35(2) Hold a graduate degree in psychology that meets all of
-10-1the following criteria:
2(a) The program, wherever it may be administratively
3housed, must be clearly identified and labeled as a
4psychology program. Such a program must specify in pertinent
5institutional catalogues and brochures its intent to educate
6and train professional psychologists.
7(b) The psychology program must stand as a recognizable,
8coherent, organizational entity within the institution.
9(c) There must be a clear authority and primary
10responsibility for the core and specialty areas whether or not
11the program cuts across administrative lines.
12(d) The program must consist of an integrated, organized
13sequence of study.
14(e) There must be an identifiable psychology
15faculty sufficient in size and breadth to carry out its
16responsibilities.
17(f) The designated director of the program must be a
18psychologist and a member of the core faculty.
19(g) The program must have an identifiable body of students
20who are matriculated in that program for a degree.
21(h) The program must include supervised practicum,
22internship, or field training appropriate to the practice of
23psychology.
24(i) The curriculum shall encompass a minimum of three
25academic years of full-time graduate study for doctoral degrees
26and a minimum of one academic year of full-time graduate study
27for master’s degrees.
28(j) The program includes an acceptable residency as defined
29by the rules of the commission.
30(3) Possess a current, full, and unrestricted license to
31practice psychology in a home state which is a compact state.
32(4) Have no history of adverse action that violates the
33rules of the commission.
34(5) Have no criminal record history that violates the rules
35of the commission.
-11- 1(6) Possess a current, active IPC.
2(7) Provide attestations in regard to areas of intended
3practice and work experience and provide a release of
4information to allow for primary source verification in a
5manner specified by the commission.
6(8) Meet other criteria as defined by the rules of the
7commission.
8c. A psychologist practicing into a distant state under the
9temporary authorization to practice shall practice within the
10scope of practice authorized by the distant state.
11d. A psychologist practicing into a distant state under the
12temporary authorization to practice shall be subject to the
13distant state’s authority and law. A distant state may, in
14accordance with that state’s due process law, limit or revoke
15a psychologist’s temporary authorization to practice in the
16distant state and may take any other necessary actions under
17the distant state’s applicable law to protect the health and
18safety of the distant state’s citizens. If a distant state
19takes action, the state shall promptly notify the home state
20and the commission.
21e. If a psychologist’s license in any home state, another
22compact state, or any temporary authorization to practice in
23any distant state, is restricted, suspended, or otherwise
24limited, the IPC shall be revoked and the psychologist shall
25not be eligible to practice in a compact state under the
26temporary authorization to practice.
276. Article VI — Conditions of telepsychology practice in a
28receiving state.
29a. A psychologist may practice in a receiving state under
30the authority to practice interjurisdictional telepsychology
31only in the performance of the scope of practice for psychology
32as assigned by an appropriate state psychology regulatory
33authority, as defined in the rules of the commission, and under
34the following circumstances:
35(1) The psychologist initiates a client-patient contact
-12-1in a home state via telecommunications technologies with a
2client-patient in a receiving state.
3(2) Other conditions regarding telepsychology as determined
4by rules promulgated by the commission.
57. Article VII — Adverse actions.
6a. A home state shall have the power to impose adverse
7action against a psychologist’s license issued by the home
8state. A distant state shall have the power to take adverse
9action on a psychologist’s temporary authorization to practice
10within that distant state.
11b. A receiving state may take adverse action on a
12psychologist’s authority to practice interjurisdictional
13telepsychology within that receiving state. A home state may
14take adverse action against a psychologist based on an adverse
15action taken by a distant state regarding temporary in-person,
16face-to-face practice.
17c. If a home state takes adverse action against a
18psychologist’s license, that psychologist’s authority to
19practice interjurisdictional telepsychology is terminated and
20the E.Passport is revoked. Furthermore, that psychologist’s
21temporary authorization to practice is terminated and the IPC
22is revoked.
23(1) All home state disciplinary orders which impose adverse
24action shall be reported to the commission in accordance with
25the rules promulgated by the commission. A compact state shall
26report adverse actions in accordance with the rules of the
27commission.
28(2) In the event discipline is reported on a psychologist,
29the psychologist shall not be eligible for telepsychology or
30temporary in-person, face-to-face practice in accordance with
31the rules of the commission.
32(3) Other actions may be imposed as determined by the rules
33promulgated by the commission.
34d. A home state’s psychology regulatory authority shall
35investigate and take appropriate action with respect to
-13-1reported inappropriate conduct engaged in by a licensee which
2occurred in a receiving state as it would if such conduct had
3occurred by a licensee within the home state. In such cases,
4the home state’s law shall control in determining any adverse
5action against a psychologist’s license.
6e. A distant state’s psychology regulatory authority
7shall investigate and take appropriate action with respect to
8reported inappropriate conduct engaged in by a psychologist
9practicing under temporary authorization to practice which
10occurred in that distant state as it would if such conduct
11had occurred by a licensee within the home state. In such
12cases, the distant state’s law shall control in determining any
13adverse action against a psychologist’s temporary authorization
14to practice.
15f. Nothing in this compact shall override a compact state’s
16decision that a psychologist’s participation in an alternative
17program may be used in lieu of adverse action and that such
18participation shall remain nonpublic if required by the compact
19state’s law. Compact states shall require psychologists who
20enter any alternative programs to not provide telepsychology
21services under the authority to practice interjurisdictional
22telepsychology or provide temporary psychological services
23under the temporary authorization to practice in any other
24compact state during the term of the alternative program.
25g. No other judicial or administrative remedies shall
26be available to a psychologist in the event a compact state
27imposes an adverse action pursuant to paragraph “c”.
288. Article VIII — Additional authorities invested in a
29compact state’s psychology regulatory authority.
30a. In addition to any other powers granted under state law,
31a compact state’s psychology regulatory authority shall have
32the authority under this compact to do all of the following:
33(1) Issue subpoenas, for both hearings and investigations,
34which require the attendance and testimony of witnesses and
35the production of evidence. Subpoenas issued by a compact
-14-1state’s psychology regulatory authority for the attendance
2and testimony of witnesses or the production of evidence from
3another compact state shall be enforced in the latter state by
4any court of competent jurisdiction, according to that court’s
5practice and procedure in considering subpoenas issued in its
6own proceedings. The issuing state psychology regulatory
7authority shall pay any witness fees, travel expenses, mileage,
8and other fees required by the service statutes of the state
9where the witnesses or evidence are located.
10(2) Issue cease and desist or injunctive relief
11orders to revoke a psychologist’s authority to practice
12interjurisdictional telepsychology or temporary authorization
13to practice.
14(3) During the course of any investigation, a psychologist
15may not change the psychologist’s home state licensure. A
16home state psychology regulatory authority is authorized to
17complete any pending investigations of a psychologist and
18to take any actions appropriate under its law. The home
19state psychology regulatory authority shall promptly report
20the conclusions of such investigations to the commission.
21Once an investigation has been completed, and pending the
22outcome of said investigation, the psychologist may change the
23psychologist’s home state licensure. The commission shall
24promptly notify the new home state of any such decisions as
25provided in the rules of the commission. All information
26provided to the commission or distributed by compact states
27pursuant to the psychologist shall be confidential, filed under
28seal, and used for investigatory or disciplinary matters.
29The commission may create additional rules for mandated or
30discretionary sharing of information by compact states.
319. Article IX — Coordinated licensure information system.
32a. The commission shall provide for the development and
33maintenance of a coordinated licensure information system and
34reporting system containing licensure and disciplinary action
35information on all psychologists individuals to whom this
-15-1compact is applicable in all compact states as defined by the
2rules of the commission.
3b. Notwithstanding any other provision of state law to the
4contrary, a compact state shall submit a uniform data set to
5the coordinated database on all licensees as required by the
6rules of the commission, including all of the following:
7(1) Identifying information.
8(2) Licensure data.
9(3) Significant investigatory information.
10(4) Adverse actions against a psychologist’s license.
11(5) An indicator that a psychologist’s authority to
12practice interjurisdictional telepsychology or temporary
13authorization to practice is revoked.
14(6) Nonconfidential information related to alternative
15program participation information.
16(7) Any denial of application for licensure, and the reasons
17for such denial.
18(8) Other information which may facilitate the
19administration of this compact, as determined by the rules of
20the commission.
21c. The coordinated database administrator shall promptly
22notify all compact states of any adverse action taken against,
23or significant investigative information on, any licensee in a
24compact state.
25d. Compact states reporting information to the coordinated
26database may designate information that may not be shared with
27the public without the express permission of the compact state
28reporting the information.
29e. Any information submitted to the coordinated database
30that is subsequently required to be expunged by the law of the
31compact state reporting the information shall be removed from
32the coordinated database.
3310. Article X — Establishment of the psychology
34interjurisdictional compact commission.
35a. The compact states hereby create and establish a joint
-16-1public agency known as the psychology interjurisdictional
2compact commission.
3(1) The commission is a body politic and an instrumentality
4of the compact states.
5(2) Venue is proper and judicial proceedings by or against
6the commission shall be brought solely and exclusively in a
7court of competent jurisdiction where the principal office of
8the commission is located. The commission may waive venue and
9jurisdictional defenses to the extent it adopts or consents to
10participate in alternative dispute resolution proceedings.
11(3) Nothing in this compact shall be construed to be a
12waiver of sovereign immunity.
13b. Membership, voting, and meetings.
14(1) The commission shall consist of one voting
15representative appointed by each compact state who shall serve
16as that state’s commissioner. The state psychology regulatory
17authority shall appoint its delegate. This delegate shall be
18empowered to act on behalf of the compact state. This delegate
19shall be limited to one of the following:
20(a) The executive director, executive secretary, or similar
21executive.
22(b) A current member of the state psychology regulatory
23authority of a compact state.
24(c) A designee empowered with the appropriate delegate
25authority to act on behalf of the compact state.
26(2) Any commissioner may be removed or suspended from office
27as provided by the law of the state from which the commissioner
28is appointed. Any vacancy occurring in the commission shall
29be filled in accordance with the laws of the compact state in
30which the vacancy exists.
31(3) Each commissioner shall be entitled to one vote with
32regard to the promulgation of rules and creation of bylaws
33and shall otherwise have an opportunity to participate in
34the business and affairs of the commission. A commissioner
35shall vote in person or by such other means as provided
-17-1in the bylaws. The bylaws may provide for commissioners’
2participation in meetings by telephone or other means of
3communication.
4(4) The commission shall meet at least once during each
5calendar year. Additional meetings shall be held as set forth
6in the bylaws.
7(5) All meetings shall be open to the public, and public
8notice of meetings shall be given in the same manner as
9required under the rulemaking provisions in article XI.
10(6) The commission may convene in a closed, nonpublic
11meeting if the commission must discuss any of the following:
12(a) Noncompliance of a compact state with its obligations
13under this compact.
14(b) The employment, compensation, discipline, or other
15personnel matters, practices, or procedures related to specific
16employees or other matters related to the commission’s internal
17personnel practices and procedures.
18(c) Current, threatened, or reasonably anticipated
19litigation against the commission.
20(d) Negotiation of contracts for the purchase or sale of
21goods, services, or real estate.
22(e) Accusation against any person of a crime or formal
23censure of any person.
24(f) Disclosure of trade secrets or commercial or financial
25information which is privileged or confidential.
26(g) Disclosure of information of a personal nature where
27disclosure would constitute a clearly unwarranted invasion of
28personal privacy.
29(h) Disclosure of investigatory records compiled for law
30enforcement purposes.
31(i) Disclosure of information related to any investigatory
32reports prepared by or on behalf of or for use of the
33commission or other committee charged with responsibility for
34investigation or determination of compliance issues pursuant
35to the compact.
-18- 1(j) Matters specifically exempted from disclosure by
2federal and state statute.
3(7) If a meeting, or portion of a meeting, is closed
4pursuant to subparagraph (6), the commission’s legal counsel or
5designee shall certify that the meeting may be closed and shall
6reference each relevant exempting provision. The commission
7shall keep minutes which fully and clearly describe all matters
8discussed in a meeting and shall provide a full and accurate
9summary of actions taken, of any person participating in the
10meeting, and the reasons therefore, including a description of
11the views expressed. All documents considered in connection
12with an action shall be identified in such minutes. All
13minutes and documents of a closed meeting shall remain under
14seal, subject to release only by a majority vote of the
15commission or order of a court of competent jurisdiction.
16c. The commission shall, by a majority vote of the
17commissioners, prescribe bylaws or rules to govern its conduct
18as may be necessary or appropriate to carry out the purposes
19and exercise the powers of this compact, including but not
20limited to or providing for all of the following:
21(1) Establishing the fiscal year of the commission.
22(2) Providing reasonable standards and procedures for all
23of the following:
24(a) The establishment and meetings of other committees.
25(b) Governing any general or specific delegation of any
26authority or function of the commission.
27(3) Providing reasonable procedures for calling and
28conducting meetings of the commission, ensuring reasonable
29advance notice of all meetings and providing an opportunity
30for attendance of such meetings by interested parties,
31with enumerated exceptions designed to protect the public’s
32interest, the privacy of individuals of such proceedings,
33and proprietary information, including trade secrets. The
34commission may meet in closed session only after a majority
35of the commissioners vote to close a meeting to the public in
-19-1whole or in part. As soon as practicable, the commission shall
2make public a copy of the vote to close the meeting revealing
3the vote of each commissioner with no proxy votes allowed.
4(4) Establishing the titles, duties, and authority and
5reasonable procedures for the election of the officers of the
6commission.
7(5) Providing reasonable standards and procedures for the
8establishment of the personnel policies and programs of the
9commission. Notwithstanding any civil service or other similar
10law of any compact state, the bylaws shall exclusively govern
11the personnel policies and programs of the commission.
12(6) Promulgating a code of ethics to address permissible and
13prohibited activities of commission members and employees.
14(7) Providing a mechanism for concluding the operations of
15the commission and the equitable disposition of any surplus
16funds that may exist after the termination of the compact after
17the payment or reserving of all of its debts and obligations.
18(8) The commission shall publish its bylaws in a convenient
19form and file a copy thereof and a copy of any amendment
20thereto, with the appropriate agency or officer in each of the
21compact states.
22(9) The commission shall maintain its financial records in
23accordance with the bylaws.
24(10) The commission shall meet and take such actions as are
25consistent with the provisions of this compact and the bylaws.
26d. The commission shall have all of the following powers:
27(1) The authority to promulgate uniform rules to facilitate
28and coordinate implementation and administration of this
29compact. The rules shall have the force and effect of law and
30shall be binding in all compact states.
31(2) To bring and prosecute legal proceedings or actions in
32the name of the commission, provided that the standing of any
33state psychology regulatory authority or other regulatory body
34responsible for psychology licensure to sue or be sued under
35applicable law shall not be affected.
-20- 1(3) To purchase and maintain insurance and bonds.
2(4) To borrow, accept, or contract for services of
3personnel, including but not limited to employees of a compact
4state.
5(5) To hire employees, elect or appoint officers, fix
6compensation, define duties, grant such individuals appropriate
7authority to carry out the purposes of the compact, and to
8establish the commission’s personnel policies and programs
9relating to conflicts of interest, qualifications of personnel,
10and other related personnel matters.
11(6) To accept any and all appropriate donations and grants
12of money, equipment, supplies, materials and services, and to
13receive, utilize, and dispose of the same; provided that at all
14times the commission shall strive to avoid any appearance of
15impropriety or conflict of interest.
16(7) To lease, purchase, accept appropriate gifts or
17donations of, or otherwise to own, hold, improve, or use,
18any property, real, personal, or mixed; provided that at all
19times the commission shall strive to avoid any appearance of
20impropriety.
21(8) To sell, convey, mortgage, pledge, lease, exchange,
22abandon, or otherwise dispose of any property real, personal,
23or mixed.
24(9) To establish a budget and make expenditures.
25(10) To borrow money.
26(11) To appoint committees, including advisory committees
27comprised of members, state regulators, state legislators or
28their representatives, and consumer representatives, and such
29other interested persons as may be designated in this compact
30and the bylaws.
31(12) To provide and receive information from, and to
32cooperate with, law enforcement agencies.
33(13) To adopt and use an official seal.
34(14) To perform such other functions as may be necessary or
35appropriate to achieve the purposes of this compact consistent
-21-1with the state regulation of psychology licensure, temporary
2in-person, face-to-face practice, and telepsychology practice.
3e. The executive board.
4The elected officers shall serve as the executive board,
5which shall have the power to act on behalf of the commission
6according to the terms of this compact.
7(1) The executive board shall be comprised of the following
8six members:
9(a) Five voting members who are elected from the current
10membership of the commission by the commission.
11(b) One ex officio, nonvoting member from the recognized
12membership organization composed of state and provincial
13psychology regulatory authorities.
14(2) The ex officio member must have served as staff or
15member on a state psychology regulatory authority and shall be
16selected by its respective organization.
17(3) The commission may remove any member of the executive
18board as provided in the bylaws.
19(4) The executive board shall meet at least annually.
20(5) The executive board shall have all of the following
21duties and responsibilities:
22(a) Recommend to the entire commission changes to the rules
23or bylaws, changes to this compact legislation, fees paid by
24compact states such as annual dues, and any other applicable
25fees.
26(b) Ensure compact administration services are
27appropriately provided, contractual or otherwise.
28(c) Prepare and recommend the budget.
29(d) Maintain financial records on behalf of the commission.
30(e) Monitor compact compliance of member states and provide
31compliance reports to the commission.
32(f) Establish additional committees as necessary.
33(g) Other duties as provided in the rules or bylaws.
34f. Financing of the commission.
35(1) The commission shall pay, or provide for the payment of,
-22-1the reasonable expenses of its establishment, organization, and
2ongoing activities.
3(2) The commission may accept any and all appropriate
4revenue sources, donations and grants of money, equipment,
5supplies, materials, and services.
6(3) The commission may levy on and collect an annual
7assessment from each compact state or impose fees on other
8parties to cover the cost of the operations and activities of
9the commission and its staff which must be in a total amount
10sufficient to cover its annual budget as approved each year
11for which revenue is not provided by other sources. The
12aggregate annual assessment amount shall be allocated based
13upon a formula to be determined by the commission which shall
14promulgate a rule binding upon all compact states.
15(4) The commission shall not incur obligations of any kind
16prior to securing the funds adequate to meet the same; nor
17shall the commission pledge the credit of any of the compact
18states, except by and with the authority of the compact state.
19(5) The commission shall keep accurate accounts of all
20receipts and disbursements. The receipts and disbursements of
21the commission shall be subject to the audit and accounting
22procedures established under its bylaws. However, all receipts
23and disbursements of funds handled by the commission shall be
24audited yearly by a certified or licensed public accountant and
25the report of the audit shall be included in and become part of
26the annual report of the commission.
27g. Qualified immunity, defense, and indemnification.
28(1) The members, officers, executive director, employees,
29and representatives of the commission shall be immune from suit
30and liability, either personally or in their official capacity,
31for any claim for damage to or loss of property or personal
32injury or other civil liability caused by or arising out of any
33actual or alleged act, error, or omission that occurred, or
34that the person against whom the claim is made had a reasonable
35basis for believing occurred within the scope of commission
-23-1employment, duties, or responsibilities; provided that nothing
2in this subparagraph shall be construed to protect any such
3person from suit or liability for any damage, loss, injury,
4or liability caused by the intentional or willful or wanton
5misconduct of that person.
6(2) The commission shall defend any member, officer,
7executive director, employee, or representative of the
8commission in any civil action seeking to impose liability
9arising out of any actual or alleged act, error, or omission
10that occurred within the scope of commission employment,
11duties, or responsibilities, or that the person against
12whom the claim is made had a reasonable basis for believing
13occurred within the scope of commission employment, duties, or
14responsibilities; provided that nothing in this subparagraph
15shall be construed to prohibit that person from retaining the
16person’s own counsel; and provided further, that the actual
17or alleged act, error, or omission did not result from that
18person’s intentional or willful or wanton misconduct.
19(3) The commission shall indemnify and hold harmless
20any member, officer, executive director, employee, or
21representative of the commission for the amount of any
22settlement or judgment obtained against that person arising
23out of any actual or alleged act, error, or omission that
24occurred within the scope of commission employment, duties,
25or responsibilities, or that such person had a reasonable
26basis for believing occurred within the scope of commission
27employment, duties, or responsibilities, provided that the
28actual or alleged act, error, or omission did not result from
29the intentional or willful or wanton misconduct of that person.
3011. Article XI — Rulemaking.
31a. The commission shall exercise its rulemaking powers
32pursuant to the criteria set forth in this article XI and the
33rules adopted under this article XI. Rules and amendments
34shall become binding as of the date specified in each rule or
35amendment.
-24- 1b. If a majority of the legislatures of the compact states
2rejects a rule, by enactment of a statute or resolution in the
3same manner used to adopt this compact, then such rule shall
4have no further force and effect in any compact state.
5c. Rules or amendments to the rules shall be adopted at a
6regular or special meeting of the commission.
7d. Prior to promulgation and adoption of a final rule or
8rules by the commission, and at least sixty days in advance
9of the meeting at which the rule will be considered and voted
10upon, the commission shall file a notice of proposed rulemaking
11on both of the following:
12(1) On the website of the commission.
13(2) On the website of each compact state’s psychology
14regulatory authority or the publication in which each state
15would otherwise publish proposed rules.
16e. The notice of proposed rulemaking shall include all of
17the following:
18(1) The proposed time, date, and location of the meeting in
19which the rule will be considered and voted upon.
20(2) The text of the proposed rule or amendment and the
21reason for the proposed rule.
22(3) A request for comments on the proposed rule from any
23interested person.
24(4) The manner in which interested persons may submit notice
25to the commission of their intention to attend the public
26hearing and any written comments.
27f. Prior to adoption of a proposed rule, the commission
28shall allow persons to submit written data, facts, opinions,
29and arguments, which shall be made available to the public.
30g. The commission shall grant an opportunity for a public
31hearing before it adopts a rule or amendment if a hearing is
32requested by any of the following:
33(1) At least twenty-five persons who submit comments
34independently of each other.
35(2) A governmental subdivision or agency.
-25- 1(3) A duly appointed person in an association that has at
2least twenty-five members.
3h. If a hearing is held on the proposed rule or amendment,
4the commission shall publish the place, time, and date of the
5scheduled public hearing.
6(1) All persons wishing to be heard at the hearing shall
7notify the executive director of the commission or other
8designated member in writing of their desire to appear and
9testify at the hearing not less than five business days before
10the scheduled date of the hearing.
11(2) Hearings shall be conducted in a manner providing each
12person who wishes to comment a fair and reasonable opportunity
13to comment orally or in writing.
14(3) No transcript of the hearing is required, unless
15a written request for a transcript is made, in which case
16the person requesting the transcript shall bear the cost of
17producing the transcript. A recording may be made in lieu of a
18transcript under the same terms and conditions as a transcript.
19This subparagraph shall not preclude the commission from making
20a transcript or recording of the hearing if it so chooses.
21(4) Nothing in this article shall be construed as requiring
22a separate hearing on each rule. Rules may be grouped for the
23convenience of the commission at hearings required by this
24article.
25i. Following the scheduled hearing date, or by the close
26of business on the scheduled hearing date if the hearing was
27not held, the commission shall consider all written and oral
28comments received.
29j. The commission shall, by majority vote of all members,
30take final action on the proposed rule and shall determine the
31effective date of the rule, if any, based on the rulemaking
32record and the full text of the rule.
33k. If no written notice of intent to attend the public
34hearing by interested parties is received, the commission may
35proceed with promulgation of the proposed rule without a public
-26-1hearing.
2l. Upon determination that an emergency exists, the
3commission may consider and adopt an emergency rule without
4prior notice, opportunity for comment, or hearing, provided
5that the usual rulemaking procedures provided in this compact
6and in this article shall be retroactively applied to the rule
7as soon as reasonably possible, in no event later than ninety
8days after the effective date of the rule. For the purposes of
9this paragraph, an emergency rule is one that must be adopted
10immediately in order to address any of the following:
11(1) Meet an imminent threat to public health, safety, or
12welfare.
13(2) Prevent a loss of commission or compact state funds.
14(3) Meet a deadline for the promulgation of an
15administrative rule that is established by federal law or rule.
16(4) Protect public health and safety.
17m. The commission or an authorized committee of the
18commission may direct revisions to a previously adopted rule
19or amendment for purposes of correcting typographical errors,
20errors in format, errors in consistency, or grammatical errors.
21Public notice of any revisions shall be posted on the website
22of the commission. The revision shall be subject to challenge
23by any person for a period of thirty days after posting. The
24revision may be challenged only on grounds that the revision
25results in a material change to a rule. A challenge shall be
26made in writing, and delivered to the chair of the commission
27prior to the end of the notice period. If no challenge is
28made, the revision will take effect without further action. If
29the revision is challenged, the revision shall not take effect
30without the approval of the commission.
3112. Article XII — Oversight, dispute resolution, and
32enforcement.
33a. Oversight.
34(1) The executive, legislative, and judicial branches
35of state government in each compact state shall enforce this
-27-1compact and take all actions necessary and appropriate to
2effectuate this compact’s purposes and intent. The provisions
3of this compact and the rules promulgated under this compact
4shall have standing as statutory law.
5(2) All courts shall take judicial notice of this compact
6and the rules in any judicial or administrative proceeding in a
7compact state pertaining to the subject matter of this compact
8which may affect the powers, responsibilities, or actions of
9the commission.
10(3) The commission shall be entitled to receive service
11of process in any such proceeding, and shall have standing to
12intervene in such a proceeding for all purposes. Failure to
13provide service of process to the commission shall render a
14judgment or order void as to the commission, this compact, or
15promulgated rules.
16b. Default, technical assistance, and termination.
17(1) If the commission determines that a compact state
18has defaulted in the performance of its obligations or
19responsibilities under this compact or the promulgated rules,
20the commission shall do all of the following:
21(a) Provide written notice to the defaulting state and other
22compact states of the nature of the default, the proposed means
23of remedying the default, or any other action to be taken by
24the commission.
25(b) Provide remedial training and specific technical
26assistance regarding the default.
27(2) If a state in default fails to remedy the default, the
28defaulting state may be terminated from this compact upon an
29affirmative vote of a majority of the compact states, and all
30rights, privileges, and benefits conferred by this compact
31shall be terminated on the effective date of termination. A
32remedy of the default does not relieve the offending state
33of obligations or liabilities incurred during the period of
34default.
35(3) Termination of membership in this compact shall be
-28-1imposed only after all other means of securing compliance have
2been exhausted. Notice of intent to suspend or terminate shall
3be submitted by the commission to the governor, the majority
4and minority leaders of the defaulting state’s legislature, and
5each of the compact states.
6(4) A compact state which has been terminated is
7responsible for all assessments, obligations, and liabilities
8incurred through the effective date of termination, including
9obligations which extend beyond the effective date of
10termination.
11(5) The commission shall not bear any costs incurred by
12the state which is found to be in default or which has been
13terminated from this compact, unless agreed upon in writing
14between the commission and the defaulting state.
15(6) The defaulting state may appeal the action of the
16commission by petitioning the United States district court for
17the District of Columbia or the federal district where the
18compact has its principal offices. The prevailing member shall
19be awarded all costs of such litigation, including reasonable
20attorney fees.
21c. Dispute resolution.
22(1) Upon request by a compact state, the commission shall
23attempt to resolve disputes related to this compact which arise
24among compact states and between compact and noncompact states.
25(2) The commission shall promulgate a rule providing for
26both mediation and binding dispute resolution for disputes that
27arise before the commission.
28d. Enforcement.
29(1) The commission, in the reasonable exercise of its
30discretion, shall enforce the provisions and rules of this
31compact.
32(2) By majority vote, the commission may initiate legal
33action in the United States district court for the District
34of Columbia or the federal district where the compact has
35its principal offices against a compact state in default to
-29-1enforce compliance with the provisions of the compact and its
2promulgated rules and bylaws. The relief sought may include
3both injunctive relief and damages. In the event judicial
4enforcement is necessary, the prevailing member shall be
5awarded all costs of such litigation, including reasonable
6attorney’s fees.
7(3) The remedies in this article shall not be the exclusive
8remedies of the commission. The commission may pursue any
9other remedies available under federal or state law.
1013. Article XIII — Date of implementation of the psychology
11interjurisdictional compact commission and associated rules,
12withdrawal, and amendments.
13a. This compact shall come into effect on the date on which
14the compact is enacted into law in the seventh compact state.
15The provisions which become effective at that time shall be
16limited to the powers granted to the commission relating to
17assembly and the promulgation of rules. Thereafter, the
18commission shall meet and exercise rulemaking powers necessary
19to the implementation and administration of this compact.
20b. Any state which joins the compact subsequent to the
21commission’s initial adoption of the rules shall be subject
22to the rules as they exist on the date on which the compact
23becomes law in that state. Any rule which has been previously
24adopted by the commission shall have the full force and effect
25of law on the day the compact becomes law in that state.
26c. Any compact state may withdraw from this compact by
27enacting a statute repealing the compact.
28(1) A compact state’s withdrawal shall not take effect until
29six months after enactment of the repealing statute.
30(2) Withdrawal shall not affect the continuing requirement
31of the withdrawing state’s psychology regulatory authority to
32comply with the investigative and adverse action reporting
33requirements of this compact prior to the effective date of
34withdrawal.
35d. Nothing contained in this compact shall be construed to
-30-1invalidate or prevent any psychology licensure agreement or
2other cooperative arrangement between a compact state and a
3noncompact state which does not conflict with the provisions of
4this compact.
5e. This compact may be amended by the compact states. No
6amendment to this compact shall become effective and binding
7upon any compact state until it is enacted into the law of all
8compact states.
914. Article XIV — Construction and severability. This
10compact shall be liberally construed so as to effectuate the
11purposes thereof. If this compact shall be held contrary to
12the constitution of any compact state, the compact shall remain
13in full force and effect as to the remaining compact states.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill creates an interstate compact to allow
18psychologists from other states to practice telepsychology with
19patients living in Iowa, to practice “face-to-face” psychology
20on a temporary basis in Iowa, and to allow Iowa psychologists
21to practice telepsychology with patients in other states. The
22compact is intended to authorize regulatory authorities to
23afford legal recognition, in a manner consistent with the terms
24of the compact, to psychologists licensed in another state.
25The compact does not apply when a psychologist is licensed
26in both the “home” and “receiving” states. A commission is
27created to oversee the compact, which is effective upon the
28enactment into law by the seventh compact state.
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