(2) Toregulatethetemporaryin-person,face-to-facepracticeofpsychology bypsychologists across state boundaries for thirtydays within a calendar year in the performanceof their psychological practiceas assigned byan appropriateauthority.

(3) 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.

C.

This compact recognizes that states have a vested interest in protecting the public's health and safetythroughtheirlicensingandregulation ofpsychologists and that such state regulation will best protect public health and safety.

D.

This compact does not applywhen a psychologist is licensed in both the home and receiving states.

E.

This compact does not apply to permanent in-person, face-to-face practice;

the compact allows for authorization of temporarypsychological practice.

This compact is designed to achieve all of the following purposes and objectives:

(1) Increasepublicaccesstoprofessionalpsychologicalservicesbyallowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state where the psychologist is not licensed to practice psychology.

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486 ENROLLED (2) Enhance the states' ability to protect the public's health and safety, especially client and patient safety.

(3) Encourage the cooperation of compact states in the areas of psychology licensure and regulation.

(4) Facilitatetheexchangeofinformationbetweencompactstatesregarding psychologist licensure, adverse actions, and disciplinaryhistory.

(5) Promote compliance with the laws governing psychological practice in each compact state.

(6) Investallcompactstateswiththeauthoritytoholdlicensedpsychologists accountable through the mutual recognition of compact state licenses.

ARTICLE II.

Definitions As used in this Part, the following definitions apply:

(1) "Adverse action" 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.

(2) "Association of State and Provincial Psychology Boards" or "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.

(3) "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.

(4) "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X of this compact for its governance or for directing and controlling its actions and conduct.

(5) "Clientorpatient"meanstherecipientofpsychologicalservices,whether psychological services are delivered in the context of healthcare, corporate, supervision, or consulting services.

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486 ENROLLED (6) "Commissioner"meansthevotingrepresentativeappointedbyeachstate psychology regulatory authority pursuant to Article X of this compact.

(7) "Compactstate"meansastate,theDistrictofColumbia,orUnitedStates territory that has enacted this compact legislation and which has not withdrawn pursuant to Article XIII, Subsection C of this compact or been terminated pursuant to Article XII, Subsection B of this compact.

(8) "Coordinated licensure information system" also referred to as "coordinated database" means an integrated process for collecting, storing, and sharinginformationonpsychologists'licensureandenforcementactivitiesrelatedto psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(9) "Confidentiality"meanstheprinciplethatdataorinformationisnotmade available or disclosed to unauthorized persons or processes.

(10) "Day" means any part of a day in which psychological work is performed.

(11) "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.

(12) "E.Passport" means a certificate issued bythe Association of State and ProvincialPsychologyBoards(ASPPB)thatpromotesstandardizationinthecriteria of interjurisdictional telepsychologypractice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

(13) "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.

(14) "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.

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486 ENROLLED temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

(15) "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.

(16) "In-person, face-to-face"means interactions in which the psychologist and the client or patient are in the same physical space and which do not include interactions that may occur through the use of telecommunication technologies.

(17) "Interjurisdictional Practice Certificate" or "IPC" means a certificate issued by the 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.

(18) "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

(19) "Non-compactstate"meansanystatewhichisnotatthetimeacompact state.

(20) "Psychologist" means an individual licensed for the independent practice of psychology.

(21) "PsychologyInterjurisdictionalCompactCommission" alsoreferredto as "commission" means the national administration of which all compact states are members.

(22) "Receiving state" means a compact state where the client or patient is physically located when the telepsychological services are delivered.

(23) "Rule" means a written statement bythePsychologyInterjurisdictional Compact Commission promulgated pursuant to Article XIof this 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 Page 5 of 31 CODING:

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486 ENROLLED 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.

(24) "Significant investigatory information" means either of the following:

(a) 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 a violation of state statute or ethics code that would be considered more substantial than a minor infraction.

(b) 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 had an opportunity to respond.

(25) "State" means a state, commonwealth, territory, or possession of the United States, including the District of Columbia.

(26) "State psychology regulatory authority" means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

(27) "Telepsychology" means the provision of psychological services using telecommunication technologies.

(28) "Temporaryauthorization 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.

(29) "Temporaryin-person,face-to-facepractice"meansasituationinwhich 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 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.

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486 ENROLLED compact state where the psychologist is physically present when the services are deliveredasauthorizedbytheauthoritytopracticeinterjurisdictionaltelepsychology under the terms of this compact.

C.

Anycompact state mayrequire a psychologist not previouslylicensed 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.

Ahomestate's license authorizesapsychologist to practicein areceiving 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) Requiresanidentityhistorysummaryofallapplicantsatinitiallicensure, 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 years after activation of the compact.

(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 onlyif the compact state satisfies all of the following:

(1) Currently requires the psychologist to hold an active IPC.

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.

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486 ENROLLED (3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.

(4) Requiresanidentityhistorysummaryofallapplicantsatinitiallicensure, 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 years after activation of the compact.

(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 of this compact, to practice telepsychology in other compact states (distant states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in this 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 shall satisfy all of the following:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded, either of the following:

(a) Regionally accredited by an accrediting body recognized by the United StatesDepartmentofEducationtograntgraduatedegreesorauthorizedbyprovincial statute or royal charter to grant doctoral degrees.

(b) A foreign college or universitydeemed to be equivalent to an institution described in Subparagraph (a) of this Paragraph 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.

(2) Hold a graduate degree in psychology that meets all of the following criteria:

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486 ENROLLED (a) The program, wherever it may be administratively housed, is clearly identified and labeled as a psychology program.

Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

(b) The psychology program is a recognizable, coherent, organizational entity within the institution.

(c) Theprogramshallestablishclearauthorityandprimaryresponsibilityfor the core and specialtyareas, whether or not the program cuts across administrative lines.

(d) Theprogram shall consist of an integrated,organizedsequenceofstudy.

(e) The program shall employ an identifiable psychology faculty sufficient in size and breadth to carryout its responsibilities.

(f) The designated director of the program shall be a psychologist and a member of the core faculty.

(g) The program shall have an identifiable body of students who are matriculated in that program for a degree.

(h) The program shall 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 graduatestudyfor a doctoral degreeand a minimum of one academicyear of full-time graduate study for a master's degree.

(j) The program includes an acceptable residencyas defined by the rules of the commission.

(3) Possess acurrent,full, and unrestrictedlicense to practicepsychologyin a home state that is a compact state.

(4) Have no history of adverse action that violates the rules of the commission.

(5) Haveno criminalrecordhistoryreportedonanidentityhistorysummary that violates the rules of the commission.

(6) Possess a current, active E.Passport.

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486 ENROLLED (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 bythe commission.

(8) Meet other criteria as defined bythe rules of the commission.

C.

The home state maintains authority over the license of anypsychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology.

D.

A psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice.

A receivingstate may, in accordancewith that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychologyinthereceivingstateandmaytakeanyothernecessaryactionsunder 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.

Ifapsychologist'slicenseinanyhomestate,anothercompactstate,orany 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 authorityto practice interjurisdictional telepsychology.

ARTICLE V.

COMPACT TEMPORARY AUTHORIZATION TO PRACTICE A.

Compact states shall 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 this compact.

B.

To exercise the temporaryauthorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state shall satisfy all of the following:

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486 ENROLLED (1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded, either of the following:

(a) Regionally accredited by an accrediting body recognized by the United StatesDepartmentofEducationtograntgraduatedegreesorauthorizedbyprovincial statute or royal charter to grant doctoral degrees.

(b) A foreign college or universitydeemed to be equivalent to an institution described in Subparagraph (a) of this Paragraph 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.

(2) Hold a graduate degree in psychology that meets all of the following criteria:

(a) The program, wherever it may be administratively housed, is clearly identified and labeled as a psychology program.

Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

(b) The psychology program is a recognizable, coherent, organizational entity within the institution.

(c) Theprogramshallestablishclearauthorityandprimaryresponsibilityfor the core and specialty areas whether or not the program cuts across administrative lines.

(d) The program shall consist ofanintegrated,organizedsequenceofstudy.

(e) The program shall employ an identifiable psychology faculty sufficient in size and breadth to carryout its responsibilities.

(f) The designated director of the program shall be a psychologist and a member of the core faculty.

(g) The program shall have an identifiable body of students who are matriculated in that program for a degree.

(h) The program shall include supervised practicum, internship, or field training appropriate to the practice of psychology.

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486 ENROLLED (i) The curriculum shall encompass a minimum of three academic years of full- time graduatestudyfor a doctoral degreeand a minimum of one academicyear of full-time graduate study for a master's degree.

(j) The program includes an acceptable residencyas defined by the rules of the commission.

(3) Possess acurrent,full, and unrestrictedlicense to practicepsychologyin a home state that is a compact state.

(4) Have no history of adverse action that violates the rules of the commission.

(5) Havenocriminalrecordhistorythatviolatestherulesofthecommission.

(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 bythe commission.

(8) Meet other criteria as defined bythe rules of the commission.

C.

A psychologist practicing in a distant state under the temporary authorizationtopracticeshallpracticewithinthescopeofpracticeauthorizedbythe distant state.

D.

A psychologist practicing in 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 healthandsafetyofthedistantstate'scitizens.

Ifadistantstatetakesaction,thestate shall promptly notify the home state and the commission.

E.

Ifapsychologist'slicenseinanyhomestate,anothercompactstate,orany 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.

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486 ENROLLED ARTICLE VI.

CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE 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 contact with a patient or client in a home state via telecommunications technologies with a client or 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 bythe home state.

A distant state shall have the power to takeadverseaction onapsychologist's temporaryauthorizationto practicewithin 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 statemaytakeadverseactionagainstapsychologistbasedonanadverseactiontaken 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 revokeFurthermore, that psychologist'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.

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486 ENROLLED (2) Intheeventdisciplineisreportedonapsychologist,thepsychologistwill 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 homestate's psychologyregulatoryauthorityshall investigateandtake appropriate action with respect to reported inappropriate conduct engaged in by a licenseewhichoccurredinareceivingstateasit wouldifsuchconducthadoccurred bya licenseewithin the home state.

Insuchcases, the home state's law shall control in determining any adverse action against a psychologist's license.

E.

Adistantstate'spsychologyregulatoryauthorityshallinvestigateandtake 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, the 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'sparticipationin analternativeprogrammaybe used in lieu of adverse actionandthatsuchparticipationshallremainnon-publicifrequiredbythecompact state's law.

Compact states shall require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictionaltelepsychologyorprovidetemporarypsychologicalservicesunder 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 of this Article.

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486 ENROLLED ARTICLE VIII.

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY REGULATORY AUTHORITY In addition to any other powers granted under state law, a compact state's psychologyregulatoryauthorityshall havetheauthorityunderthiscompacttodoall of the following:

(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 the production of evidence from another compact state shall be enforced in the latter state byanycourt of competent jurisdiction according to that court's practice and procedure in considering subpoenas issued in its own proceedings.

Theissuingstatepsychologyregulatoryauthorityshallpayanywitness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.

(2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.

(3) During the course of any investigation, a psychologist may not change hishomestatelicensure.

Ahomestatepsychologyregulatoryauthorityisauthorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law.

The home state psychology regulatory authority shall promptlyreport the conclusions of such investigations to the commission.

Once an investigationhasbeencompleted,andpendingtheoutcomeofsaidinvestigation,the psychologist maychange 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.

Allinformationprovidedtothecommissionordistributedbycompact states pursuant to the psychologist shall be confidential and used for investigatory or disciplinary matters.

The commission may create additional rules for mandated or discretionary sharing of information by compact states.

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486 ENROLLED 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 containinglicensureanddisciplinaryactioninformationonallpsychologists and 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 bythe rules of the commission, including all of the following:

(1) Identifying information.

(2) Licensure data.

(3) Significant investigatory information.

(4) Adverse actions against a psychologist's license.

(5) Anindicatorthatapsychologist'sauthoritytopracticeinterjurisdictional telepsychology or temporary authorization to practice is revoked.

(6) Non-confidentialinformationrelatedtoalternativeprogramparticipation information.

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

(8) Other information which may facilitate the administration of this compact, as determined bythe rules of the commission.

C.

Thecoordinateddatabaseadministratorshallpromptlynotifyallcompact statesofanyadverseactiontakenagainst,orsignificantinvestigativeinformationon, 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.

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486 ENROLLED 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 bodypolitic and an instrumentality of the compact states.

(2) Venue is proper and judicial proceedings by or against the commission shallbebroughtsolelyandexclusivelyinacourtofcompetentjurisdictionwherethe principalofficeofthecommissionislocated.Thecommissionmaywaivevenueand jurisdictional defensesto the extentit adoptsorconsentstoparticipateinalternative 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 one of the following:

(a) Executive director, executive secretary, or similar executive.

(b) Current member of the state psychology regulatory authority of a compact state.

(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 vacancyexists.

(3) Each commissioner shall be entitled to one vote with regard to the promulgationofrulesandcreationofbylawsandshallotherwisehaveanopportunity Page 17 of 31 CODING:

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486 ENROLLED 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 provideforcommissioners'participationinmeetingsbytelephoneorothermeansof 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 of this compact.

(6) The commission may convene in a closed, non-public meeting if the commission is required to discuss any of the following:

(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 that 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 Page 18 of 31 CODING:

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486 ENROLLED responsibilityforinvestigationordeterminationofcomplianceissuespursuanttothe compact.

(j) Mattersspecificallyexemptedfromdisclosurebyfederalandstatestatute.

(7) Ifameeting,orportionofameeting,is closedpursuantto this provision, the commission's legal counsel or designee shall certify that the meeting may be closedandshallreferenceeachrelevantexemptingprovision.

Thecommissionshall keepminutes whichfullyandclearlydescribeallmattersdiscussedin ameetingand 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.

Thecommissionshall,byamajorityvoteofthecommissioners,prescribe bylaws and 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 all of the following:

(1) Establishing the fiscal year of the commission.

(2) Providing reasonable standards and procedures for all of the following:

(a) For the establishment and meetings of other committees.

(b) Governinganygeneralorspecificdelegationofanyauthorityorfunction of the commission.

(3) Providingreasonableproceduresfor callingand conductingmeetings 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 individualsofsuchproceedings,andproprietaryinformation,includingtradesecrets.

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 Page 19 of 31 CODING:

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486 ENROLLED practicable,thecommissionshallmakepublicacopyofthevotetoclosethemeeting 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 serviceorothersimilarlawofanycompactstate,thebylawsshallexclusivelygovern 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) Providingamechanismforconcludingtheoperationsofthecommission andtheequitabledispositionofanysurplusfundsthatmayexistafterthetermination of the compact after the payment and reserving of all of its debts and obligations.

(8) The commission shall publish its bylaws in a convenient form and file a copythereofand a copyof anyamendment thereto,with the appropriate agencyor officer in each of the compact states.

(9) The commission shall maintain its financial records in accordance with the bylaws.

(10) Thecommission shall meetandtakesuchactionsasareconsistentwith the provisions of this compact and the bylaws.

D.

The commission shall have all of the following powers:

(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact.

The rules 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, providedthatthestandingof anystatepsychologyregulatoryauthority orotherregulatorybodyresponsibleforpsychologylicensuretosueorbesuedunder applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

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486 ENROLLED (4) Toborrow,accept,orcontractforservicesofpersonnelincludingbutnot 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,andtoestablishthecommission'spersonnelpoliciesandprogramsrelating 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 improprietyor conflict of interest.

(7) Tolease,purchase,acceptappropriategifts ordonationsof,orotherwise 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, 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.

(14) To perform such other functions as maybe necessaryor appropriate to achieve the purposes of this compact consistent with the state regulation of psychologylicensure,temporaryin-person,face-to-facepractice,andtelepsychology practice.

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486 ENROLLED 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 comprised of the following members:

(a) Fivevotingmemberswhoareelectedfromthecurrentmembershipofthe 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 will 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 all of the following duties and responsibilities:

(a) Recommend to the entire commission changes to the rules or bylaws, changestothiscompactlegislation,feespaidbycompactstates,suchasannualdues, 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.

(g) Other duties as provided in rules or bylaws.

F.

Financing of the commission.

(1) Thecommission shall pay, or provide for the payment of,thereasonable expenses of its establishment, organization, and ongoing activities.

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486 ENROLLED (2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3) Thecommissionmaylevyonandcollectanannualassessmentfromeach compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided byother sources.

The aggregate annual assessment amount shall be allocated based upon a formula to be determined bythe commission, which shall promulgate a rule binding upon all compact states.

(4) The commission shall not incurobligations ofanykind 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;

nothing in this Paragraph shall be construed to protect any such person from suit and liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

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486 ENROLLED (2) The commission shall defend any member, officer, executive director, employee or representative of the commission in anycivil 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 personagainstwhomtheclaimismadehadareasonablebasisforbelievingoccurred within the scope of commission employment, duties, or responsibilities;

provided thatnothinghereinshallbeconstruedtoprohibitthatpersonfromretaininghisorher 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) Thecommissionshallindemnifyandholdharmlessanymember,officer, executivedirector,employee,orrepresentativeofthecommission fortheamountof anysettlement or judgment obtained against that person arising out of anyactual 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 anycompact 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 sixtydays in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed Page 24 of 31 CODING:

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486 ENROLLED rulemakingonthewebsiteofthecommissionandthewebsiteofeachcompactstate's psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

E.

The notice of proposed rulemaking shall include all of the following:

(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) Arequestforcommentsontheproposedrulefromanyinterestedperson.

(4) The manner in which interested persons may submit notice to the commissionoftheirintentiontoattendthepublichearingandanywrittencomments.

F.

Prior to adoption of a proposed rule, the commission shall allow persons tosubmitwrittendata,facts,opinions,andarguments,whichshallbemadeavailable 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 any of the following:

(1) Atleasttwentyfivepersonswhosubmitcommentsindependentlyofeach other.

(2) A governmental subdivision or agency.

(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 notifythe executive director of the commission or other designated member in writing of their desire to appearandtestifyatthehearingnotlessthanfivebusinessdaysbeforethescheduled 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.

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486 ENROLLED (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 Paragraph shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.

(4) Nothing in this Subsection shall be construed as requiring a separate hearingon each rule.

Rules maybe grouped for the convenienceof the commission at hearings required by this Subsection.

I.

Following the scheduled hearing date, or by the close of business on the scheduledhearingdateifthehearingwasnotheld,thecommissionshallconsiderall 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,thecommission mayproceedwith promulgation of the proposed rule without a public hearing.

L.

Upon determination that an emergency exists, the commission may considerandadoptanemergencyrulewithoutpriornotice,opportunityforcomment, or hearing, provided that the usual rulemaking procedures provided in the compact andin this Subsectionshall beretroactivelyappliedtotheruleassoon asreasonably possible, in no event later than ninety days after the effective date of the rule.

For thepurposesofthisprovision,anemergencyruleisonethatisrequiredtobeadopted immediately in order to do any of the following:

(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.

(4) Protect public health and safety.

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486 ENROLLED M.

The commission or an authorized committee of the commission may directrevisionstoapreviouslyadoptedruleoramendmentforpurposesofcorrecting typographical errors, errors in format, errors in consistency, or grammatical errors.

Publicnoticeofanyrevisionsshallbepostedonthewebsiteofthecommission.

The revision shall be subject to challenge by any person for a period of thirtydays 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,therevisionmaynottakeeffectwithouttheapprovalofthecommission.

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 do all of the following:

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486 ENROLLED (a) Provide written notice to the defaultingstate and other compact states of the nature of the default, the proposed means of remedying the default, or anyother action to be taken by the commission.

(b) Provideremedialtrainingandspecifictechnicalassistanceregardingthe 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 compactstates,andallrights,privileges,andbenefitsconferredbythiscompactshall be terminatedon the effectivedate of termination.