                                 CODE OF VIRGINIA

PSYCHOLOGY INTERJURISDICTIONAL COMPACT (§ 54.1-3606.2)

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; and
		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; and
		Whereas, this Compact is intended to regulate the temporary in-person,
face-to-face practice of psychology by psychologists across state boundaries for
30 days within a calendar year in the performance of their psychological
practice as assigned by an appropriate authority; and
		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; and
		Whereas, this Compact recognizes that states have a vested interest in
protecting the public&#8217;s health and safety through their licensing and
regulation of psychologists and that such state regulation will best protect
public health and safety; and
		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, 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&#8217; ability to protect the public&#8217;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. &#8220;Adverse Action&#8221; means any action taken by a State Psychology
   Regulatory Authority that 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. &#8220;Association of State and Provincial Psychology Boards&#8221; (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. &#8220;Authority to Practice Interjurisdictional Telepsychology&#8221;
   means a licensed psychologist&#8217;s authority to practice telepsychology,
   within the limits authorized under this Compact, in another Compact State.

   D. &#8220;Bylaws&#8221; 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. &#8220;Client/Patient&#8221; means the recipient of psychological services,
   whether psychological services are delivered in the context of health care,
   corporate, supervision, and/or consulting services.

   F. &#8220;Commissioner&#8221; means the voting representative appointed by
   each State Psychology Regulatory Authority pursuant to Article X.

   G. &#8220;Compact State&#8221; 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. &#8220;Coordinated Licensure Information System,&#8221; also referred to as
   &#8220;Coordinated Database,&#8221; means an integrated process for
   collecting, storing, and sharing information on psychologists&#8217; 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. &#8220;Confidentiality&#8221; means the principle that data or information
   is not made available or disclosed to unauthorized persons and/or processes.

   J. &#8220;Day&#8221; means any part of a day in which psychological work is
   performed.

   K. &#8220;Distant State&#8221; 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. &#8220;E.Passport&#8221; 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. &#8220;Executive Board&#8221; means a group of directors elected or
   appointed to act on behalf of, and within the powers granted to them by, the
   Commission.

   N. &#8220;Home State&#8221; 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. &#8220;Identity History Summary&#8221; means: a summary of information
   retained by the FBI, or other designee with similar authority, in connection
   with arrests and, in some instances, federal employment, naturalization, or
   military service.

   P. &#8220;In-Person, Face-to-Face&#8221; 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. &#8220;Interjurisdictional Practice Certificate (IPC)&#8221; 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&#8217;s qualifications for such
   practice.

   R. &#8220;License&#8221; means authorization by a State Psychology Regulatory
   Authority to engage in the independent practice of psychology, which would be
   unlawful without the authorization.

   S. &#8220;Non-Compact State&#8221; means any State which is not at the time a
   Compact State.

   T. &#8220;Psychologist&#8221; means an individual licensed for the independent
   practice of psychology.

   U. &#8220;Psychology Interjurisdictional Compact Commission&#8221; also
   referred to as &#8220;Commission&#8221; means the national administration of
   which all Compact States are members.

   V. &#8220;Receiving State&#8221; means a Compact State where the
   client/patient is physically located when the telepsychological services are
   delivered.

   W. &#8220;Rule&#8221; 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. &#8220;Significant Investigatory Information&#8221; 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. &#8220;State&#8221; means a state, commonwealth, territory, or possession
   of the United States.

   Z. &#8220;State Psychology Regulatory Authority&#8221; means the Board,
   office, or other agency with the legislative mandate to license and regulate
   the practice of psychology.
   				AA. &#8220;Telepsychology&#8221; means the provision of psychological
   services using telecommunication technologies.
   				BB. &#8220;Temporary Authorization to Practice&#8221; means a licensed
   psychologist&#8217;s authority to conduct temporary in-person, face-to-face
   practice, within the limits authorized under this Compact, in another Compact
   State.
   				CC. &#8220;Temporary In-Person, Face-to-Face Practice&#8221; 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 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&#8217;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 (FBI), or
other designee with similar authority, no later than 10 years after activation
of the Compact; and

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

   F. A Home State&#8217;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 FBI, or other designee with similar
authority, no later than 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 U.S.
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 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 academic years of
full-time graduate study for doctoral degree and a minimum of one academic year
of full-time graduate study for master&#8217;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 violate 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&#8217;s scope of practice. A Receiving State may, in accordance with
   that state&#8217;s due process law, limit or revoke a psychologist&#8217;s
   Authority to Practice Interjurisdictional Telepsychology in the Receiving
   State and may take any other necessary actions under the Receiving
   State&#8217;s applicable law to protect the health and safety of the Receiving
   State&#8217;s citizens. If a Receiving State takes action, the state shall
   promptly notify the Home State and the Commission.

   E. If a psychologist&#8217;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 U.S.
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 academic years of full-
time graduate study for doctoral degrees and a minimum of one academic year of
full-time graduate study for master&#8217;s degrees;
			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. No history of adverse action that violate the Rules of the Commission;

5. 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&#8217;s
   authority and law. A Distant State may, in accordance with that state&#8217;s
   due process law, limit or revoke a psychologist&#8217;s Temporary
   Authorization to Practice in the Distant State and may take any other
   necessary actions under the Distant State&#8217;s applicable law to protect
   the health and safety of the Distant State&#8217;s citizens. If a Distant
   State takes action, the state shall promptly notify the Home State and the
   Commission.

   E. If a psychologist&#8217;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&#8217;s license issued by the Home State. A Distant State shall
   have the power to take adverse action on a psychologist&#8217;s Temporary
   Authorization to Practice within that Distant State.

   B. A Receiving State may take adverse action on a psychologist&#8217;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&#8217;s
   license, that psychologist&#8217;s Authority to Practice Interjurisdictional
   Telepsychology is terminated and the E.Passport is revoked. Furthermore, that
   psychologist&#8217;s Temporary Authorization to Practice is terminated and the
   IPC is revoked.

1. All Home State disciplinary orders that 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&#8217;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&#8217;s law shall control in determining any adverse action against
   a psychologist&#8217;s license.

   E. A Distant State&#8217;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
   that 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&#8217;s law
   shall control in determining any adverse action against a psychologist&#8217;s
   Temporary Authorization to Practice.

   F. Nothing in this Compact shall override a Compact State&#8217;s decision
   that a psychologist&#8217;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&#8217;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.
   				Article VIII.  Additional Authorities Invested in a Compact State&#8217;s
   Psychology Regulatory Authority.

   A. In addition to any other powers granted under state law, a Compact
   State&#8217;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&#8217;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&#8217;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&#8217;s Authority to Practice Interjurisdictional Telepsychology
and/or Temporary Authorization to Practice.

   B. During the course of any investigation, a psychologist may not change his
   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
   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&#8217;s license;

5. An indicator that a psychologist&#8217;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 that 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&#8217;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&#8217; 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, or
practices or procedures related to specific employees or other matters related
to the Commission&#8217;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&#8217;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 therefore,
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&#8217;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&#8217;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 comprised 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.

1. 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.
The Executive Board shall be comprised of six members:
			a. Five 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&#8217;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 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&#8217; 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 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 having at least 25
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 fewer than five 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 (30) 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&#8217;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&#8217;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 U.S. 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&#8217;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&#8217;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&#8217;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&#8217;s withdrawal shall not take effect until six months
after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing
State&#8217;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.

HISTORY: 2020, c. 1162.