319.054 Psychology Interjurisdictional Compact.

8,857 words·~40 min read·/ky/chapter-319/319-054

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

ARTICLE I

PURPOSE Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; Whereas, this Compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty

(30)days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; Whereas, this Compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States; and Whereas, this Compact does not apply to permanent in-person, face-to-face practice, and it does allow for authorization of temporary psychological practice;

Consistent with these principles, this Compact is designed to achieve the following

purposes and objectives:

1. Increase public access to professional psychological services by allowing for

telepsychological practice across state lines as well as temporary in-person,

face-to-face services into a state in which the psychologist is not licensed to

practice psychology;

2. Enhance the states’ ability to protect the public’s health and safety, especially

client/patient safety;

3. Encourage the cooperation of Compact States in the areas of psychology

licensure and regulation;

4. Facilitate the exchange of information between Compact States regarding

psychologist licensure, adverse actions and disciplinary history;

5. Promote compliance with the laws governing psychological practice in each

Compact State; and

6. Invest all Compact States with the authority to hold licensed psychologists

accountable through the mutual recognition of Compact State licenses.

ARTICLE II

DEFINITIONS A. "Adverse Action" means: any action taken by a State Psychology Regulatory

Authority which finds a violation of a statute or regulation that is identified by the

State Psychology Regulatory Authority as discipline and is a matter of public

record. B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the

recognized membership organization composed of State and Provincial Psychology

Regulatory Authorities responsible for the licensure and registration of

psychologists throughout the United States and Canada. C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed

psychologist’s authority to practice telepsychology, within the limits authorized

under this Compact, in another Compact State. D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional

Compact Commission pursuant to Article X for its governance, or for directing and

controlling its actions and conduct. E. "Client/Patient" means: the recipient of psychological services, whether

psychological services are delivered in the context of healthcare, corporate,

supervision, and/or consulting services. F. "Commissioner" means: the voting representative appointed by each State

Psychology Regulatory Authority pursuant to Article X. G. "Compact State" means: a state, the District of Columbia, or United States territory

that has enacted this Compact legislation and which has not withdrawn pursuant to

Article XIII, Section C or been terminated pursuant to Article XII, Section B. H. "Coordinated Licensure Information System" also referred to as "Coordinated

Database" means: an integrated process for collecting, storing, and sharing

information on psychologists’ licensure and enforcement activities related to

psychology licensure laws, which is administered by the recognized membership

organization composed of State and Provincial Psychology Regulatory Authorities. I. "Confidentiality" means: the principle that data or information is not made available

or disclosed to unauthorized persons and/or processes. J. "Day" means: any part of a day in which psychological work is performed. K. "Distant State" means: the Compact State where a psychologist is physically present

(not through the use of telecommunications technologies), to provide temporary in-

person, face-to-face psychological services. L. "E.Passport" means: a certificate issued by the Association of State and Provincial

Psychology Boards (ASPPB) that promotes the standardization in the criteria of

interjurisdictional telepsychology practice and facilitates the process for licensed

psychologists to provide telepsychological services across state lines. M. "Executive Board" means: a group of directors elected or appointed to act on behalf

of, and within the powers granted to them by, the Commission. N. "Home State" means: a Compact State where a psychologist is licensed to practice

psychology. If the psychologist is licensed in more than one Compact State and is

practicing under the Authorization to Practice Interjurisdictional Telepsychology,

the Home State is the Compact State where the psychologist is physically present

when the telepsychological services are delivered. If the psychologist is licensed in

more than one Compact State and is practicing under the Temporary Authorization

to Practice, the Home State is any Compact State where the psychologist is licensed. O. "Identity History Summary" means: a summary of information retained by the

Federal Bureau of Investigation, or other designee with similar authority, in

connection with arrests and, in some instances, federal employment, naturalization,

or military service. P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the

client/patient are in the same physical space and which does not include interactions

that may occur through the use of telecommunication technologies. Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the

Association of State and Provincial Psychology Boards (ASPPB) that grants

temporary authority to practice based on notification to the State Psychology

Regulatory Authority of intention to practice temporarily, and verification of one’s

qualifications for such practice. R. "License" means: authorization by a State Psychology Regulatory Authority to

engage in the independent practice of psychology, which would be unlawful without

the authorization. S. "Non-Compact State" means: any State which is not at the time a Compact State. T. "Psychologist" means: an individual licensed for the independent practice of

psychology. U. "Psychology Interjurisdictional Compact Commission" also referred to as

"Commission" means: the national administration of which all Compact States are

members. V. "Receiving State" means: a Compact State where the client/patient is physically

located when the telepsychological services are delivered. W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact

Commission promulgated pursuant to Article XI of the Compact that is of general

applicability, implements, interprets, or prescribes a policy or provision of the

Compact, or an organizational, procedural, or practice requirement of the

Commission and has the force and effect of statutory law in a Compact State, and

includes the amendment, repeal or suspension of an existing rule. X. "Significant Investigatory Information" means:

1. Investigative information that a State Psychology Regulatory Authority, after a

preliminary inquiry that includes notification and an opportunity to respond if

required by state law, has reason to believe, if proven true, would indicate

more than a violation of state statute or ethics code that would be considered

more substantial than minor infraction; or

2. Investigative information that indicates that the psychologist represents an

immediate threat to public health and safety regardless of whether the

psychologist has been notified and/or had an opportunity to respond. Y. "State" means: a state, commonwealth, territory, or possession of the United States,

and the District of Columbia. Z. "State Psychology Regulatory Authority" means: the Board, office or other agency

with the legislative mandate to license and regulate the practice of psychology. AA. "Telepsychology" means: the provision of psychological services using

telecommunication technologies. BB. "Temporary Authorization to Practice" means: a licensed psychologist’s authority to

conduct temporary in-person, face-to-face practice, within the limits authorized

under this Compact, in another Compact State. CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is

physically present (not through the use of telecommunications technologies), in the

Distant State to provide for the practice of psychology for thirty

(30)days within a

calendar year and based on notification to the Distant State.

ARTICLE III

HOME STATE LICENSURE A. The Home State shall be a Compact State where a psychologist is licensed to

practice psychology. B. A psychologist may hold one or more Compact State licenses at a time. If the

psychologist is licensed in more than one Compact State, the Home State is the

Compact State where the psychologist is physically present when the services are

delivered as authorized by the Authority to Practice Interjurisdictional

Telepsychology under the terms of this Compact. C. Any Compact State may require a psychologist not previously licensed in a

Compact State to obtain and retain a license to be authorized to practice in the

Compact State under circumstances not authorized by the Authority to Practice

Interjurisdictional Telepsychology under the terms of this Compact. D. Any Compact State may require a psychologist to obtain and retain a license to be

authorized to practice in a Compact State under circumstances not authorized by

Temporary Authorization to Practice under the terms of this Compact. E. A Home State’s license authorizes a psychologist to practice in a Receiving State

under the Authority to Practice Interjurisdictional Telepsychology only if the

Compact State:

1. Currently requires the psychologist to hold an active E.Passport;

2. Has a mechanism in place for receiving and investigating complaints about

licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

4. Requires an Identity History Summary of all applicants at initial licensure,

including the use of the results of fingerprints or other biometric data checks

compliant with the requirements of the Federal Bureau of Investigation, or

other designee with similar authority, no later than ten

(10)years after

activation of the Compact; and

5. Complies with the Bylaws and Rules of the Commission. F. A Home State’s license grants Temporary Authorization to Practice to a

psychologist in a Distant State only if the Compact State:

1. Currently requires the psychologist to hold an active IPC;

2. Has a mechanism in place for receiving and investigating complaints about

licensed individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding a licensed individual;

4. Requires an Identity History Summary of all applicants at initial licensure,

including the use of the results of fingerprints or other biometric data checks

compliant with the requirements of the Federal Bureau of Investigation, or

other designee with similar authority, no later than ten

(10)years after

activation of the Compact; and

5. Complies with the Bylaws and Rules of the Commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY A. Compact States shall recognize the right of a psychologist, licensed in a Compact

State in conformance with Article III, to practice telepsychology in other Compact

States (Receiving States) in which the psychologist is not licensed, under the

Authority to Practice Interjurisdictional Telepsychology as provided in the

Compact. B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the

terms and provisions of this Compact, a psychologist licensed to practice in a

Compact State must:

1. Hold a graduate degree in psychology from an institute of higher education

that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the United

States Department of Education to grant graduate degrees, OR

authorized by Provincial Statute or Royal Charter to grant doctoral

degrees; OR

b. A foreign college or university deemed to be equivalent to 1.a. above by

a foreign credential evaluation service that is a member of the National

Association of Credential Evaluation Services (NACES) or by a

recognized foreign credential evaluation service; AND

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be

clearly identified and labeled as a psychology program. Such a program

must specify in pertinent institutional catalogues and brochures its intent

to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core

and specialty areas whether or not the program cuts across

administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a

member of the core faculty;

g. The program must have an identifiable body of students who are

matriculated in that program for a degree;

h. The program must include supervised practicum, internship, or field

training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of three

(3)academic years

of full-time graduate study for doctoral degree and a minimum of one

(1)academic year of full-time graduate study for master’s degree; and

j. The program includes an acceptable residency as defined by the Rules of

the Commission;

3. Possess a current, full and unrestricted license to practice psychology in a

Home State which is a Compact State;

4. Have no history of adverse action that violates the Rules of the Commission;

5. Have no criminal record history reported on an Identity History Summary that

violates the Rules of the Commission;

6. Possess a current, active E.Passport;

7. Provide attestations in regard to areas of intended practice, conformity with

standards of practice, competence in telepsychology technology; criminal

background; and knowledge and adherence to legal requirements in the home

and receiving states, and provide a release of information to allow for primary

source verification in a manner specified by the Commission; and

8. Meet other criteria as defined by the Rules of the Commission. C. The Home State maintains authority over the license of any psychologist practicing

into a Receiving State under the Authority to Practice Interjurisdictional

Telepsychology. D. A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology will be subject to the Receiving State’s scope of

practice. A Receiving State may, in accordance with that state’s due process law,

limit or revoke a psychologist’s Authority to Practice Interjurisdictional

Telepsychology in the Receiving State and may take any other necessary actions

under the Receiving State’s applicable law to protect the health and safety of the

Receiving State’s citizens. If a Receiving State takes action, the state shall promptly

notify the Home State and the Commission. E. If a psychologist’s license in any Home State, another Compact State, or any

Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is

restricted, suspended or otherwise limited, the E.Passport shall be revoked and

therefore the psychologist shall not be eligible to practice telepsychology in a

Compact State under the Authority to Practice Interjurisdictional Telepsychology.

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION TO PRACTICE A. Compact States shall also recognize the right of a psychologist, licensed in a

Compact State in conformance with Article III, to practice temporarily in other

Compact States (Distant States) in which the psychologist is not licensed, as

provided in the Compact. B. To exercise the Temporary Authorization to Practice under the terms and provisions

of this Compact, a psychologist licensed to practice in a Compact State must:

1. Hold a graduate degree in psychology from an institute of higher education

that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the United

States Department of Education to grant graduate degrees, OR

authorized by Provincial Statute or Royal Charter to grant doctoral

degrees; OR

b. A foreign college or university deemed to be equivalent to 1.a. above by

a foreign credential evaluation service that is a member of the National

Association of Credential Evaluation Services (NACES) or by a

recognized foreign credential evaluation service; AND

2. Hold a graduate degree in psychology that meets the following criteria:

a. The program, wherever it may be administratively housed, must be

clearly identified and labeled as a psychology program. Such a program

must specify in pertinent institutional catalogues and brochures its intent

to educate and train professional psychologists;

b. The psychology program must stand as a recognizable, coherent,

organizational entity within the institution;

c. There must be a clear authority and primary responsibility for the core

and specialty areas whether or not the program cuts across

administrative lines;

d. The program must consist of an integrated, organized sequence of study;

e. There must be an identifiable psychology faculty sufficient in size and

breadth to carry out its responsibilities;

f. The designated director of the program must be a psychologist and a

member of the core faculty;

g. The program must have an identifiable body of students who are

matriculated in that program for a degree;

h. The program must include supervised practicum, internship, or field

training appropriate to the practice of psychology;

i. The curriculum shall encompass a minimum of three

(3)academic years

of full-time graduate study for doctoral degrees and a minimum of one

(1)academic year of full-time graduate study for master’s degree;

j. The program includes an acceptable residency as defined by the Rules of

the Commission;

3. Possess a current, full and unrestricted license to practice psychology in a

Home State which is a Compact State;

4. Have no history of adverse action that violate the Rules of the Commission;

5. Have no criminal record history that violates the Rules of the Commission;

6. Possess a current, active IPC;

7. Provide attestations in regard to areas of intended practice and work

experience and provide a release of information to allow for primary source

verification in a manner specified by the Commission; and

8. Meet other criteria as defined by the Rules of the Commission. C. A psychologist practicing into a Distant State under the Temporary Authorization to

Practice shall practice within the scope of practice authorized by the Distant State. D. A psychologist practicing into a Distant State under the Temporary Authorization to

Practice will be subject to the Distant State’s authority and law. A Distant State

may, in accordance with that state’s due process law, limit or revoke a

psychologist’s Temporary Authorization to Practice in the Distant State and may

take any other necessary actions under the Distant State’s applicable law to protect

the health and safety of the Distant State’s citizens. If a Distant State takes action,

the state shall promptly notify the Home State and the Commission. E. If a psychologist’s license in any Home State, another Compact State, or any

Temporary Authorization to Practice in any Distant State, is restricted, suspended or

otherwise limited, the IPC shall be revoked and therefore the psychologist shall not

be eligible to practice in a Compact State under the Temporary Authorization to

Practice.

ARTICLE VI CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE A. A psychologist may practice in a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology only in the performance of the scope of practice

for psychology as assigned by an appropriate State Psychology Regulatory

Authority, as defined in the Rules of the Commission, and under the following

circumstances:

1. The psychologist initiates a client/patient contact in a Home State via

telecommunications technologies with a client/patient in a Receiving State;

2. Other conditions regarding telepsychology as determined by Rules

promulgated by the Commission.

ARTICLE VII

ADVERSE ACTIONS A. A Home State shall have the power to impose adverse action against a

psychologist’s license issued by the Home State. A Distant State shall have the

power to take adverse action on a psychologist’s Temporary Authorization to

Practice within that Distant State. B. A Receiving State may take adverse action on a psychologist’s Authority to Practice

Interjurisdictional Telepsychology within that Receiving State. A Home State may

take adverse action against a psychologist based on an adverse action taken by a

Distant State regarding temporary in-person, face-to-face practice. C. If a Home State takes adverse action against a psychologist’s license, that

psychologist’s Authority to Practice Interjurisdictional Telepsychology is

terminated and the E.Passport is revoked. Furthermore, that psychologist’s

Temporary Authorization to Practice is terminated and the IPC is revoked.

1. All Home State disciplinary orders which impose adverse action shall be

reported to the Commission in accordance with the Rules promulgated by the

Commission. A Compact State shall report adverse actions in accordance with

the Rules of the Commission.

2. In the event discipline is reported on a psychologist, the psychologist will not

be eligible for telepsychology or temporary in-person, face-to-face practice in

accordance with the Rules of the Commission.

3. Other actions may be imposed as determined by the Rules promulgated by the

Commission. D. A Home State’s Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a

licensee which occurred in a Receiving State as it would if such conduct had

occurred by a licensee within the Home State. In such cases, the Home State’s law

shall control in determining any adverse action against a psychologist’s license. E. A Distant State’s Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a

psychologist practicing under Temporary Authorization Practice which occurred in

that Distant State as it would if such conduct had occurred by a licensee within the

Home State. In such cases, Distant State’s law shall control in determining any

adverse action against a psychologist’s Temporary Authorization to Practice. F. Nothing in this Compact shall override a Compact State’s decision that a

psychologist’s participation in an alternative program may be used in lieu of adverse

action and that such participation shall remain non-public if required by the

Compact State’s law. Compact States must require psychologists who enter any

alternative programs to not provide telepsychology services under the Authority to

Practice Interjurisdictional Telepsychology or provide temporary psychological

services under the Temporary Authorization to Practice in any other Compact State

during the term of the alternative program. G. No other judicial or administrative remedies shall be available to a psychologist in

the event a Compact State imposes an adverse action pursuant to subsection C,

above.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S

PSYCHOLOGY REGULATORY AUTHORITY A. In addition to any other powers granted under state law, a Compact State’s

Psychology Regulatory Authority shall have the authority under this Compact to:

1. Issue subpoenas, for both hearings and investigations, which require the

attendance and testimony of witnesses and the production of evidence.

Subpoenas issued by a Compact State’s Psychology Regulatory Authority for

the attendance and testimony of witnesses, and/or the production of evidence

from another Compact State shall be enforced in the latter state by any court

of competent jurisdiction, according to that court’s practice and procedure in

considering subpoenas issued in its own proceedings.The issuing State

Psychology Regulatory Authority shall pay any witness fees, travel expenses,

mileage and other fees required by the service statutes of the state where the

witnesses and/or evidence are located; and

2. Issue cease and desist and/or injunctive relief orders to revoke a

psychologist’s Authority to Practice Interjurisdictional Telepsychology and/or

Temporary Authorization to Practice.

3. During the course of any investigation, a psychologist may not change his/her

Home State licensure. A Home State Psychology Regulatory Authority is

authorized to complete any pending investigations of a psychologist and to

take any actions appropriate under its law. The Home State Psychology

Regulatory Authority shall promptly report the conclusions of such

investigations to the Commission. Once an investigation has been completed,

and pending the outcome of said investigation, the psychologist may change

his/her Home State licensure. The Commission shall promptly notify the new

Home State of any such decisions as provided in the Rules of the

Commission. All information provided to the Commission or distributed by

Compact States pursuant to the psychologist shall be confidential, filed under

seal and used for investigatory or disciplinary matters. The Commission may

create additional rules for mandated or discretionary sharing of information by

Compact States.

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM A. The Commission shall provide for the development and maintenance of a

Coordinated Licensure Information System (Coordinated Database) and reporting

system containing licensure and disciplinary action information on all psychologists

individuals to whom this Compact is applicable in all Compact States as defined by

the Rules of the Commission. B. Notwithstanding any other provision of state law to the contrary, a Compact State

shall submit a uniform data set to the Coordinated Database on all licensees as

required by the Rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Significant investigatory information;

4. Adverse actions against a psychologist’s license;

5. An indicator that a psychologist’s Authority to Practice Interjurisdictional

Telepsychology and/or Temporary Authorization to Practice is revoked;

6. Non-confidential information related to alternative program participation

information;

7. Any denial of application for licensure, and the reasons for such denial; and

8. Other information which may facilitate the administration of this Compact, as

determined by the Rules of the Commission. C. The Coordinated Database administrator shall promptly notify all Compact States of

any adverse action taken against, or significant investigative information on, any

licensee in a Compact State. D. Compact States reporting information to the Coordinated Database may designate

information that may not be shared with the public without the express permission

of the Compact State reporting the information. E. Any information submitted to the Coordinated Database that is subsequently

required to be expunged by the law of the Compact State reporting the information

shall be removed from the Coordinated Database.

ARTICLE X ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT

COMMISSION A. The Compact States hereby create and establish a joint public agency known as the

Psychology Interjurisdictional Compact Commission.

1. The Commission is a body politic and an instrumentality of the Compact

States.

2. Venue is proper and judicial proceedings by or against the Commission shall

be brought solely and exclusively in a court of competent jurisdiction where

the principal office of the Commission is located. The Commission may

waive venue and jurisdictional defenses to the extent it adopts or consents to

participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign

immunity. B. Membership, Voting, and Meetings

1. The Commission shall consist of one voting representative appointed by each

Compact State who shall serve as that state’s Commissioner. The State

Psychology Regulatory Authority shall appoint its delegate. This delegate

shall be empowered to act on behalf of the Compact State. This delegate shall

be limited to:

a. Executive Director, Executive Secretary or similar executive;

b. Current member of the State Psychology Regulatory Authority of a

Compact State; OR

c. Designee empowered with the appropriate delegate authority to act on

behalf of the Compact State.

2. Any Commissioner may be removed or suspended from office as provided by

the law of the state from which the Commissioner is appointed. Any vacancy

occurring in the Commission shall be filled in accordance with the laws of the

Compact State in which the vacancy exists. 3. Each Commissioner shall be entitled to one

(1)vote with regard to the

promulgation of Rules and creation of Bylaws and shall otherwise have an

opportunity to participate in the business and affairs of the Commission. A

Commissioner shall vote in person or by such other means as provided in the

Bylaws. The Bylaws may provide for Commissioners’ participation in

meetings by telephone or other means of communication. 4. The Commission shall meet at least once during each calendar year.

Additional meetings shall be held as set forth in the Bylaws. 5. All meetings shall be open to the public, and public notice of meetings shall

be given in the same manner as required under the rulemaking provisions in

Article XI. 6. The Commission may convene in a closed, non-public meeting if the

Commission must discuss:

a. Non-compliance of a Compact State with its obligations under the

Compact;

b. The employment, compensation, discipline or other personnel matters,

practices or procedures related to specific employees or other matters

related to the Commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation against the

Commission;

d. Negotiation of contracts for the purchase or sale of goods, services or

real estate;

e. Accusation against any person of a crime or formally censuring any

person;

f. Disclosure of trade secrets or commercial or financial information which

is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigatory records compiled for law enforcement

purposes;

i. Disclosure of information related to any investigatory reports prepared

by or on behalf of or for use of the Commission or other committee

charged with responsibility for investigation or determination of

compliance issues pursuant to the Compact; or

j. Matters specifically exempted from disclosure by federal and state

statute. 7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

Commission’s legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision. The

Commission shall keep minutes which fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of

actions taken, of any person participating in the meeting, and the reasons

therefor, including a description of the views expressed. All documents

considered in connection with an action shall be identified in such minutes.

All minutes and documents of a closed meeting shall remain under seal,

subject to release only by a majority vote of the Commission or order of a

court of competent jurisdiction. C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws

and/or Rules to govern its conduct as may be necessary or appropriate to carry out

the purposes and exercise the powers of the Compact, including but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

a. For the establishment and meetings of other committees; and

b. Governing any general or specific delegation of any authority or function

of the Commission;

3. Providing reasonable procedures for calling and conducting meetings of the

Commission, ensuring reasonable advance notice of all meetings and

providing an opportunity for attendance of such meetings by interested parties,

with enumerated exceptions designed to protect the public’s interest, the

privacy of individuals of such proceedings, and proprietary information,

including trade secrets. The Commission may meet in closed session only

after a majority of the Commissioners vote to close a meeting to the public in

whole or in part. As soon as practicable, the Commission must make public a

copy of the vote to close the meeting revealing the vote of each Commissioner

with no proxy votes allowed;

4. Establishing the titles, duties and authority and reasonable procedures for the

election of the officers of the Commission;

5. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the Commission. Notwithstanding any

civil service or other similar law of any Compact State, the Bylaws shall

exclusively govern the personnel policies and programs of the Commission;

6. Promulgating a Code of Ethics to address permissible and prohibited activities

of Commission members and employees;

7. Providing a mechanism for concluding the operations of the Commission and

the equitable disposition of any surplus funds that may exist after the

termination of the Compact after the payment and/or reserving of all of its

debts and obligations;

8. The Commission shall publish its Bylaws in a convenient form and file a copy

thereof and a copy of any amendment thereto, with the appropriate agency or

officer in each of the Compact States;

9. The Commission shall maintain its financial records in accordance with the

Bylaws; and

10. The Commission shall meet and take such actions as are consistent with the

provisions of this Compact and the Bylaws. D. The Commission shall have the following powers:

1. The authority to promulgate uniform rules to facilitate and coordinate

implementation and administration of this Compact. The rule shall have the

force and effect of law and shall be binding in all Compact States;

2. To bring and prosecute legal proceedings or actions in the name of the

Commission, provided that the standing of any State Psychology Regulatory

Authority or other regulatory body responsible for psychology licensure to sue

or be sued under applicable law shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept or contract for services of personnel, including but not

limited to employees of a Compact State;

5. To hire employees, elect or appoint officers, fix compensation, define duties,

grant such individuals appropriate authority to carry out the purposes of the

Compact, and to establish the Commission’s personnel policies and programs

relating to conflicts of interest, qualifications of personnel, and other related

personnel matters;

6. To accept any and all appropriate donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and dispose of the

same; provided that at all times the Commission shall strive to avoid any

appearance of impropriety and/or conflict of interest;

7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to

own, hold, improve or use, any property, real, personal or mixed; provided

that at all times the Commission shall strive to avoid any appearance of

impropriety;

8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise

dispose of any property real, personal or mixed;

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees composed of

Members, State regulators, State legislators or their representatives, and

consumer representatives, and such other interested persons as may be

designated in this Compact and the Bylaws;

12. To provide and receive information from, and to cooperate with, law

enforcement agencies;

13. To adopt and use an official seal; and

14. To perform such other functions as may be necessary or appropriate to achieve

the purposes of this Compact consistent with the state regulation of

psychology licensure, temporary in-person, face-to-face practice and

telepsychology practice. E. The Executive Board

The elected officers shall serve as the Executive Board, which shall have the power

to act on behalf of the Commission according to the terms of this Compact.

1. The Executive Board shall be composed of six

(6)members:

a. Five

(5)voting members who are elected from the current membership

of the Commission by the Commission;

b. One ex officio, nonvoting member from the recognized membership

organization composed of State and Provincial Psychology Regulatory

Authorities.

2. The ex officio member must have served as staff or member on a State

Psychology Regulatory Authority and will be selected by its respective

organization.

3. The Commission may remove any member of the Executive Board as

provided in Bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the Rules or Bylaws,

changes to this Compact legislation, fees paid by Compact States such as

annual dues, and any other applicable fees;

b. Ensure Compact administration services are appropriately provided,

contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

e. Monitor Compact compliance of member states and provide compliance

reports to the Commission;

f. Establish additional committees as necessary; and

g. Other duties as provided in Rules or Bylaws. F. Financing of the Commission

1. The Commission shall pay, or provide for the payment of the reasonable

expenses of its establishment, organization and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources,

donations and grants of money, equipment, supplies, materials and services.

3. The Commission may levy on and collect an annual assessment from each

Compact State or impose fees on other parties to cover the cost of the

operations and activities of the Commission and its staff which must be in a

total amount sufficient to cover its annual budget as approved each year for

which revenue is not provided by other sources. The aggregate annual

assessment amount shall be allocated based upon a formula to be determined

by the Commission which shall promulgate a rule binding upon all Compact

States.

4. The Commission shall not incur obligations of any kind prior to securing the

funds adequate to meet the same; nor shall the Commission pledge the credit

of any of the Compact States, except by and with the authority of the Compact

State.

5. The Commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Commission shall be

subject to the audit and accounting procedures established under its Bylaws.

However, all receipts and disbursements of funds handled by the Commission

shall be audited yearly by a certified or licensed public accountant and the

report of the audit shall be included in and become part of the annual report of

the Commission. G. Qualified Immunity, Defense, and Indemnification

1. The members, officers, Executive Director, employees and representatives of

the Commission shall be immune from suit and liability, either personally or

in their official capacity, for any claim for damage to or loss of property or

personal injury or other civil liability caused by or arising out of any actual or

alleged act, error or omission that occurred, or that the person against whom

the claim is made had a reasonable basis for believing occurred within the

scope of Commission employment, duties or responsibilities; provided that

nothing in this paragraph shall be construed to protect any such person from

suit and/or liability for any damage, loss, injury or liability caused by the

intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, Executive Director,

employee or representative of the Commission in any civil action seeking to

impose liability arising out of any actual or alleged act, error or omission that

occurred within the scope of Commission employment, duties or

responsibilities, or that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of Commission

employment, duties or responsibilities; provided that nothing herein shall be

construed to prohibit that person from retaining his or her own counsel; and

provided further, that the actual or alleged act, error or omission did not result

from that person’s intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer,

Executive Director, employee or representative of the Commission for the

amount of any settlement or judgment obtained against that person arising out

of any actual or alleged act, error or omission that occurred within the scope

of Commission employment, duties or responsibilities, or that such person had

a reasonable basis for believing occurred within the scope of Commission

employment, duties or responsibilities, provided that the actual or alleged act,

error or omission did not result from the intentional or willful or wanton

misconduct of that person.

ARTICLE XI

RULEMAKING A. The Commission shall exercise its rulemaking powers pursuant to the criteria set

forth in this Article and the Rules adopted thereunder. Rules and amendments shall

become binding as of the date specified in each rule or amendment. B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of

a statute or resolution in the same manner used to adopt the Compact, then such rule

shall have no further force and effect in any Compact State. C. Rules or amendments to the rules shall be adopted at a regular or special meeting of

the Commission. D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and

at least sixty

(60)days in advance of the meeting at which the rule will be

considered and voted upon, the Commission shall file a Notice of Proposed

Rulemaking:

1. On the website of the Commission; and

2. On the website of each Compact States’ Psychology Regulatory Authority or

the publication in which each state would otherwise publish proposed rules. E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed

rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission

of their intention to attend the public hearing and any written comments. F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit

written data, facts, opinions and arguments, which shall be made available to the

public. G. The Commission shall grant an opportunity for a public hearing before it adopts a

rule or amendment if a hearing is requested by:

1. At least twenty-five

(25)persons who submit comments independently of

each other;

2. A governmental subdivision or agency; or

3. A duly appointed person in an association that has at least twenty-five

members. H. If a hearing is held on the proposed rule or amendment, the Commission shall

publish the place, time, and date of the scheduled public hearing.

1. All persons wishing to be heard at the hearing shall notify the Executive

Director of the Commission or other designated member in writing of their

desire to appear and testify at the hearing not less than five

(5)business days

before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to

comment a fair and reasonable opportunity to comment orally or in writing.

3. No transcript of the hearing is required, unless a written request for a

transcript is made, in which case the person requesting the transcript shall bear

the cost of producing the transcript. A recording may be made in lieu of a

transcript under the same terms and conditions as a transcript. This subsection

shall not preclude the Commission from making a transcript or recording of

the hearing if it so chooses.

4. Nothing in this section shall be construed as requiring a separate hearing on

each rule. Rules may be grouped for the convenience of the Commission at

hearings required by this section. I. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the Commission shall consider all written

and oral comments received. J. The Commission shall, by majority vote of all members, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the

rulemaking record and the full text of the rule. K. If no written notice of intent to attend the public hearing by interested parties is

received, the Commission may proceed with promulgation of the proposed rule

without a public hearing. L. Upon determination that an emergency exists, the Commission may consider and

adopt an emergency rule without prior notice, opportunity for comment, or hearing,

provided that the usual rulemaking procedures provided in the Compact and in this

section shall be retroactively applied to the rule as soon as reasonably possible, in

no event later than ninety

(90)days after the effective date of the rule. For the

purposes of this provision, an emergency rule is one that must be adopted

immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or Compact State funds;

3. Meet a deadline for the promulgation of an administrative rule that is

established by federal law or rule; or

4. Protect public health and safety. M. The Commission or an authorized committee of the Commission may direct

revisions to a previously adopted rule or amendment for purposes of correcting

typographical errors, errors in format, errors in consistency, or grammatical errors.

Public notice of any revisions shall be posted on the website of the Commission.

The revision shall be subject to challenge by any person for a period of thirty

days after posting. The revision may be challenged only on grounds that the revision

results in a material change to a rule. A challenge shall be made in writing, and

delivered to the Chair of the Commission prior to the end of the notice period. If no

challenge is made, the revision will take effect without further action. If the revision

is challenged, the revision may not take effect without the approval of the

Commission.

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A. Oversight

1. The Executive, Legislative and Judicial branches of state government in each

Compact State shall enforce this Compact and take all actions necessary and

appropriate to effectuate the Compact’s purposes and intent. The provisions of

this Compact and the rules promulgated hereunder shall have standing as

statutory law.

2. All courts shall take judicial notice of the Compact and the rules in any

judicial or administrative proceeding in a Compact State pertaining to the

subject matter of this Compact which may affect the powers, responsibilities

or actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such

proceeding, and shall have standing to intervene in such a proceeding for all

purposes. Failure to provide service of process to the Commission shall render

a judgment or order void as to the Commission, this Compact or promulgated

rules. B. Default, Technical Assistance, and Termination

1. If the Commission determines that a Compact State has defaulted in the

performance of its obligations or responsibilities under this Compact or the

promulgated rules, the Commission shall:

a. Provide written notice to the defaulting state and other Compact States

of the nature of the default, the proposed means of remedying the default

and/or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the

default.

2. If a state in default fails to remedy the default, the defaulting state may be

terminated from the Compact upon an affirmative vote of a majority of the

Compact States, and all rights, privileges and benefits conferred by this

Compact shall be terminated on the effective date of termination. A remedy of

the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

3. Termination of membership in the Compact shall be imposed only after all

other means of securing compliance have been exhausted. Notice of intent to

suspend or terminate shall be submitted by the Commission to the Governor,

the majority and minority leaders of the defaulting state's legislature, and each

of the Compact States.

4. A Compact State which has been terminated is responsible for all

assessments, obligations and liabilities incurred through the effective date of

termination, including obligations which extend beyond the effective date of

termination.

5. The Commission shall not bear any costs incurred by the state which is found

to be in default or which has been terminated from the Compact, unless agreed

upon in writing between the Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission by petitioning

the United States District Court for the state of Georgia or the federal district

where the Compact has its principal offices. The prevailing member shall be

awarded all costs of such litigation, including reasonable attorney’s fees. C. Dispute Resolution

1. Upon request by a Compact State, the Commission shall attempt to resolve

disputes related to the Compact which arise among Compact States and

between Compact and Non-Compact States.

2. The Commission shall promulgate a rule providing for both mediation and

binding dispute resolution for disputes that arise before the commission. D. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the

provisions and Rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United

States District Court for the State of Georgia or the federal district where the

Compact has its principal offices against a Compact State in default to enforce

compliance with the provisions of the Compact and its promulgated Rules and

Bylaws. The relief sought may include both injunctive relief and damages. In

the event judicial enforcement is necessary, the prevailing member shall be

awarded all costs of such litigation, including reasonable attorney’s fees.

3. The remedies herein shall not be the exclusive remedies of the Commission.

The Commission may pursue any other remedies available under federal or

state law.

ARTICLE XIII DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS A. The Compact shall come into effect on the date on which the Compact is enacted

into law in the seventh Compact State. The provisions which become effective at

that time shall be limited to the powers granted to the Commission relating to

assembly and the promulgation of rules. Thereafter, the Commission shall meet and

exercise rulemaking powers necessary to the implementation and administration of

the Compact. B. Any state which joins the Compact subsequent to the Commission’s initial adoption

of the rules shall be subject to the rules as they exist on the date on which the

Compact becomes law in that state. Any rule which has been previously adopted by

the Commission shall have the full force and effect of law on the day the Compact

becomes law in that state. C. Any Compact State may withdraw from this Compact by enacting a statute

repealing the same.

1. A Compact State’s withdrawal shall not take effect until six

(6)months after

enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing

State’s Psychology Regulatory Authority to comply with the investigative and

adverse action reporting requirements of this act prior to the effective date of

withdrawal. D. Nothing contained in this Compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a

Compact State and a Non-Compact State which does not conflict with the

provisions of this Compact. E. This Compact may be amended by the Compact States. No amendment to this

Compact shall become effective and binding upon any Compact State until it is

enacted into the law of all Compact States.

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining Compact States.

ARTICLE XV

APPLICABILITY OF KENTUCKY STATE GOVERNMENT In order to clarify the effect of certain provisions of this Compact and to ensure that the rights and responsibilities of the various branches of government are maintained, the following shall be in effect in this state: A. By entering into this Compact, this state authorizes the licensing board as defined in

Article II. Z. of this Compact and as created by KRS Chapter 319 to implement the

provisions of this Compact. B. Notwithstanding any provision of this Compact to the contrary:

1. When a rule is adopted pursuant to Article XI of this Compact, the licensing

board of this state as defined by Article II. Z. of this Compact shall have sixty

(60)days to review the rule for the purpose of filing the rule as an emergency

administrative regulation pursuant to KRS 13A.190 and for filing the rule as

an accompanying ordinary administrative regulation, following the

requirements of KRS Chapter 13A. Failure by the licensing board of this state

as defined by Article II. Z. of this Compact to promulgate a rule adopted by

the Psychology Interjurisdictional Compact Commission as an administrative

regulation pursuant to KRS Chapter 13A shall result in withdrawal as set forth

in Article XIII of this Compact. Nothing in these provisions shall negate the

applicability of a Commission rule or Article XI of this Compact to this state.

2. If the proposed administrative regulation is found deficient and the deficiency

is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of

Article XII of this Compact shall apply. If the deficiency is resolved in a

manner determined by the Commission to be inconsistent with this Compact

or its rules, or if the procedures under Article XII of this Compact fail to

resolve an issue, the withdrawal provisions of Article XIII of this Compact

shall apply.

3. If a court of competent jurisdiction determines that the Psychology

Interjurisdictional Compact Commission created by Article X of this Compact

exercises its rulemaking authority in a manner that is beyond the scope of the

purposes of this Compact, or the powers granted under this Compact, then

such an action by the commission shall be invalid and have no force or effect. C. Article X. F. of this Compact pertaining to the financing of the commission shall

not be interpreted to obligate the general fund of this state. Any funds used to

finance this Compact shall be from money collected pursuant to KRS 319.131. D. This Compact shall apply only to those psychologists who practice or work under a

compact privilege.