HB 33 — PSYCHOLOGY INTERJURISDICTIONAL COMPACT

e t 17 V.

"receiving state" means a compact state where w l n d 18 the client/patient is physically located when the =e =t 1917 a l telepsychological services are delivered;

iw al en rd 2018 W.

"rule" means a written statement by the a= t= m19 m 21 Psychology Interjurisdictional Compact commission promulgated da rl i a e 22r 20 pursuant to Article 11 of this compact that is of general ca et sm km 2321 applicability, implements, interprets or prescribes a policy or ed ar ne b22 24 provision of the compact, or an organizational, procedural or uc [e s k 23 practice requirement of the commission, and has the force and .232921.1e -a 7n -b 24 effect of statutory law in a compact state and includes the u [ amendment, repeal or suspension of an existing rule;

.233400.3 - 7 - HJC/HB 33 X.

e t 17 Z.

"state psychology regulatory authority" means w l n d 18 the board, office or other agency with the legislative mandate =e =t 1917 a l to license and regulate the practice of psychology;

iw al en rd 2018 AA.

"telepsychology" means the provision of a= t= m19 m 21 psychological services using telecommunication technologies;

da rl i a e 22r 20 BB.

"temporary authorization to practice" means a ca et sm km 2321 licensed psychologist's authority to conduct temporary in- ed ar ne b22 24 person, face-to-face practice, within the limits authorized uc [e s k 23 under this compact, in another compact state;

and .232921.1e -a 8n -b 24 CC.

"temporary in-person, face-to-face practice" u [ means where a psychologist is physically present, not through .233400.3 - 8 - HJC/HB 33 the use of telecommunications technologies, in a distant state to provide for the practice of psychology for thirty days within a calendar year and based on notification to the distant state.

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 e t 17 the Psychology Interjurisdictional Compact.

w l n d 18 C.

Any compact state may require a psychologist not =e =t 1917 a l previously licensed in a compact state to obtain and retain a iw al en rd 2018 license to be authorized to practice in the compact state under a= t= m19 m 21 circumstances not authorized by the authority to practice da rl i a e 22r 20 interjurisdictional telepsychology under the terms of this ca et sm km 2321 compact.

ed ar ne b22 24 D.

Any compact state may require a psychologist to uc [e s k 23 obtain and retain a license to be authorized to practice in a .232921.1e -a 9n -b 24 compact state under circumstances not authorized by temporary u [ authorization to practice under the terms of this compact.

.233400.3 - 9 - HJC/HB 33 E.

(4) requires an identity history summary of all applicants at initial licensure, including the use of the e t 17 results of fingerprints or other biometric data checks w l n d 18 compliant with the requirements of the United States federal =e =t 1917 a l bureau of investigation,investigation Psychology Interjurisdictional Compact i a e r 20 or other designee with similar w l n d 18 authority, no later than ten a t m m 21 years after activation of the = = 19 compact;

and da rl i a e 22r 20 (5) complies with the bylaws and rules of the ca et sm km 2321 commission.

ed ar ne b22 24 F.

A home state's license grants temporary uc [e s k 23 authorization to practice to a psychologist in a distant state .232921.1e -a 10n -b 24 only if the compact state:

u [ (1) currently requires the psychologist to .233400.3 - 10 - HJC/HB 33 hold an active interjurisdictional practice certificate;

and (5) complies with the bylaws and rules of the e t 17 commission.

w l n d 18 ARTICLE 4 =e =t 1917 a l COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY iw al en rd 2018 A.

Compact states shall recognize the right of a a= t= m19 m 21 psychologist, licensed in a compact state in conformance with da rl i a e 22r 20 Article 3 of the Psychology Interjurisdictional Compact, to ca et sm km 2321 practice telepsychology in other compact states (receiving ed ar ne b22 24 states) in which the psychologist is not licensed, under the uc [e s k 23 authority to practice interjurisdictional telepsychology as .232921.1e -a 11n -b 24 provided in the compact.

u [ B.

To exercise the authority to practice .233400.3 - 11 - HJC/HB 33 interjurisdictional telepsychology under the terms and provisions of the compact, a psychologist licensed to practice in a compact state must:

or (b) a foreign college or university deemed to be equivalent to Subparagraph (a) of this paragraph by a foreign credential evaluation service that is a member of the national association of credential evaluation services or e t 17 by a recognized foreign credential evaluation service;

w l n d 18 (2) hold a graduate degree in psychology that =e =t 1917 a l meets the following criteria:

iw al en rd 2018 (a) the program, wherever it may be a= t= m19 m 21 administratively housed, must be clearly identified and labeled da rl i a e 22r 20 as a psychology program.

Such a program must specify in ca et sm km 2321 pertinent institutional catalogues and brochures its intent to ed ar ne b22 24 educate and train professional psychologists;

uc [e s k 23 (b) the psychology program must stand as .232921.1e -a 12n -b 24 a recognizable, coherent, organizational entity within the u [ institution;

.233400.3 - 12 - HJC/HB 33 (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;

e t 17 (h) the program must include supervised w l n d 18 practicum, internship or field training appropriate to the =e =t 1917 a l practice of psychology;

iw al en rd 2018 (i) the curriculum shall encompass a a= t= m19 m 21 minimum of three academic years of full-time graduate study for da rl i a e 22r 20 doctoral degrees and a minimum of one academic year of full- ca et sm km 2321 time graduate study for master's degrees;

and ed ar ne b22 24 (j) the program includes an acceptable uc [e s k 23 residency as defined by the rules of the commission;

.232921.1e -a 13n -b 24 (3) possess a current, full and unrestricted u [ license to practice psychology in a home state that is a .233400.3 - 13 - HJC/HB 33 compact state;

and e t 17 (8) meet other criteria as defined by the w l n d 18 rules of the commission.

=e =t 1917 a l C.

The home state maintains authority over the iw al en rd 2018 license of any psychologist practicing into a receiving state a= t= m19 m 21 under the authority to practice interjurisdictional da rl i a e 22r 20 telepsychology.

ca et sm km 2321 D.

A psychologist practicing in a receiving state ed ar ne b22 24 under the authority to practice interjurisdictional uc [e s k 23 telepsychology will be subject to the receiving state's scope .232921.1e -a 14n -b 24 of practice.

A receiving state may, in accordance with that u [ state's due process law, limit or revoke a psychologist's .233400.3 - 14 - HJC/HB 33 authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens.

ARTICLE 5 e t 17 COMPACT TEMPORARY AUTHORIZATION TO PRACTICE w l n d 18 A.

Compact states shall also recognize the right of =e =t 1917 a l a psychologist, licensed in a compact state in conformance with iw al en rd 2018 Article 3 of the Psychology Interjurisdictional Compact, to a= t= m19 m 21 practice temporarily in other compact states (distant states) da rl i a e 22r 20 in which the psychologist is not licensed, as provided in the ca et sm km 2321 compact.

ed ar ne b22 24 B.

To exercise the temporary authorization to uc [e s k 23 practice under the terms and provisions of this compact, a .232921.1e -a 15n -b 24 psychologist licensed to practice in a compact state must:

u [ (1) hold a graduate degree in psychology from .233400.3 - 15 - HJC/HB 33 an institute of higher education that was, at the time the degree was awarded:

(a) the program, wherever it may be e t 17 administratively housed, must be clearly identified and labeled w l n d 18 as a psychology program.

Such a program must specify in =e =t 1917 a l pertinent institutional catalogues and brochures its intent to iw al en rd 2018 educate and train professional psychologists;

a= t= m19 m 21 (b) the psychology program must stand as da rl i a e 22r 20 a recognizable, coherent, organizational entity within the ca et sm km 2321 institution;

ed ar ne b22 24 (c) there must be a clear authority and uc [e s k 23 primary responsibility for the core and specialty areas, .232921.1e -a 16n -b 24 whether or not the program cuts across administrative lines;

u [ (d) the program must consist of an .233400.3 - 16 - HJC/HB 33 integrated, organized sequence of study;

(i) the curriculum shall encompass a e t 17 minimum of three academic years of full-time graduate study for w l n d 18 doctoral degrees and a minimum of one academic year of full- =e =t 1917 a l time graduate study for master's degrees;

and iw al en rd 2018 (j) the program includes an acceptable a= t= m19 m 21 residency as defined by the rules of the commission;

da rl i a e 22r 20 (3) possess a current, full and unrestricted ca et sm km 2321 license to practice psychology in a home state that is a ed ar ne b22 24 compact state;

uc [e s k 23 (4) have no history of adverse action that .232921.1e -a 17n -b 24 violates the rules of the commission;

u [ (5) have no criminal record history that .233400.3 - 17 - HJC/HB 33 violates the rules of the commission;

A psychologist practicing in a distant state under the temporary authorization to practice will be subject e t 17 to the distant state's authority and law.

A distant state may, w l n d 18 in accordance with that state's due process law, limit or =e =t 1917 a l revoke a psychologist's temporary authorization to practice in iw al en rd 2018 the distant state and may take any other necessary actions a= t= m19 m 21 under the distant state's applicable law to protect the health da rl i a e 22r 20 and safety of the distant state's citizens.

If a distant state ca et sm km 2321 takes action, the state shall promptly notify the home state ed ar ne b22 24 and the commission.

uc [e s k 23 E.

If a psychologist's license in any home state or .232921.1e -a 18n -b 24 another compact state, or any temporary authorization to u [ practice in any distant state, is restricted, suspended or .233400.3 - 18 - HJC/HB 33 otherwise limited, the interjurisdictional practice certificate shall be revoked and, therefore, the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice interjurisdictional telepsychology.

the psychologist initiates a client/patient contact in a home state via telecommunication technologies with e t 17 a client/patient in a receiving state;

or w l n d 18 B.

other conditions regarding telepsychology as =e =t 1917 a l determined by rules promulgated by the commission.

iw al en rd 2018 ARTICLE 7 a= t= m19 m 21 ADVERSE ACTIONS da rl i a e 22r 20 A.

A home state shall have the power to impose ca et sm km 2321 adverse action against a psychologist's license issued by the ed ar ne b22 24 home state.

A distant state shall have the power to take uc [e s k 23 adverse action on a psychologist's temporary authorization to .232921.1e -a 19n -b 24 practice within that distant state.

u [ B.

A receiving state may take adverse action on a .233400.3 - 19 - HJC/HB 33 psychologist's authority to practice interjurisdictional telepsychology within that receiving state.

(1) all home state disciplinary orders that impose adverse action shall be reported to the commission in e t 17 accordance with the rules promulgated by the commission.

A w l n d 18 compact state shall report adverse actions in accordance with =e =t 1917 a l the rules of the commission;

iw al en rd 2018 (2) in the event discipline is reported on a a= t= m19 m 21 psychologist, the psychologist will not be eligible for da rl i a e 22r 20 telepsychology or temporary in-person, face-to-face practice in ca et sm km 2321 accordance with the rules of the commission;

and ed ar ne b22 24 (3) other actions may be imposed as determined uc [e s k 23 by the rules promulgated by the commission.

.232921.1e -a 20n -b 24 D.

A home state's psychology regulatory authority u [ shall investigate and take appropriate action with respect to .233400.3 - 20 - HJC/HB 33 reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state.

e t 17 F.

Nothing in this compact shall override a compact w l n d 18 state's decision that a psychologist's participation in an =e =t 1917 a l alternative program may be used in lieu of adverse action and iw al en rd 2018 that such participation shall remain nonpublic if required by a= t= m19 m 21 the compact state's law.

Compact states must require da rl i a e 22r 20 psychologists who enter any alternative programs to not provide ca et sm km 2321 telepsychology services under the authority to practice ed ar ne b22 24 interjurisdictional telepsychology or provide temporary uc [e s k 23 psychological services under the temporary authorization to .232921.1e -a 21n -b 24 practice in any other compact state during the term of the u [ alternative program.

.233400.3 - 21 - HJC/HB 33 G.

Subpoenas issued by e t 17 a compact state's psychology regulatory authority for the w l n d 18 attendance and testimony of witnesses, or the production of =e =t 1917 a l evidence from another compact state, shall be enforced in the iw al en rd 2018 latter state by any court of competent jurisdiction, according a= t= m19 m 21 to that court's practice and procedure in considering subpoenas da rl i a e 22r 20 issued in its own proceedings.

The issuing state psychology ca et sm km 2321 regulatory authority shall pay any witness fees, travel ed ar ne b22 24 expenses, mileage and other fees required by the service uc [e s k 23 statutes of the state where the witnesses or evidence are .232921.1e -a 22n -b 24 located;

and u [ (2) issue cease and desist or injunctive .233400.3 - 22 - HJC/HB 33 relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.

The commission shall promptly notify the new home state of any such decisions e t 17 as provided in the rules of the commission.

All information w l n d 18 provided to the commission or distributed by compact states =e =t 1917 a l pursuant to the psychologist shall be confidential, filed under iw al en rd 2018 seal and used for investigatory or Psychology a= t= m19 m 21 Interjurisdictional Compact disciplinary matters.

The da rl i a e 22r 20 commission may create additional rules for mandated or ca et sm km 2321 discretionary sharing of information by compact states.

ed ar ne b22 24 ARTICLE 9 uc [e s k 23 COORDINATED LICENSURE INFORMATION SYSTEM .232921.1e -a 23n -b 24 A.

The commission shall provide for the development u [ and maintenance of a coordinated licensure information system .233400.3 - 23 - HJC/HB 33 (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists and individuals to whom the Psychology Interjurisdictional Compact is applicable in all compact states as defined by the rules of the commission.

e t 17 (5) an indicator that a psychologist's w l n d 18 authority to practice interjurisdictional telepsychology or =e =t 1917 a l temporary authorization to practice is revoked;

iw al en rd 2018 (6) non-confidential information related to a= t= m19 m 21 alternative program participation information;

da rl i a e 22r 20 (7) any denial of application for licensure ca et sm km 2321 and the reasons for such denial;

and ed ar ne b22 24 (8) other information that may facilitate the uc [e s k 23 administration of this compact, as determined by the rules of .232921.1e -a 24n -b 24 the commission.

u [ C.

The coordinated database administrator shall .233400.3 - 24 - HJC/HB 33 promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

ARTICLE 10 ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION e t 17 A.

The compact states hereby create and establish a w l n d 18 joint public agency known as the Psychology Interjurisdictional =e =t 1917 a l Compact commission as follows:

iw al en rd 2018 (1) the commission is a body politic and an a= t= m19 m 21 instrumentality of the compact states;

a l i a e r 20 (2) by majority vote, the commission, in the a t m m 21 reasonable exercise of its discretion, shall enforce the d r e 22 (2)provisions venueand isrules proper,of this compact, and judicialby proceedingsmajority vote, the c e s k 23 bycommission ormay againstinitiate thelegal commissionaction shallin bethe broughtUnited solelyStates and e a n b 24 exclusivelydistrict incourt afor courtthe District of competentColumbia, jurisdictionthe federal u [ district where the ucommission [has its principal officeoffices or, at .233400.3 - 25 - HJC/HB 33 the discretion of the commissioncommission, isfederal located.or state courts of New Mexico to enforce compliance with the provisions of the compact and its promulgated rules and bylaws.

The commissionprevailing .232921.1party -shall 25be -awarded mayall waivecosts venueof andsuch jurisdictionallitigation, defensesincluding toreasonable theattorney extentfees. it adopts or consents to participate in alternative dispute resolution proceedings;

The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings;

e t 17 (a) the executive director, executive w l n d 18 secretary or similar executive;

= = 19 (b) a current member of the state a l i a e r 20 psychology regulatory authority of a compact state;

or ea t 17m m 21 (c) a designee empowered with the wd lr ne d22 18 appropriate delegate authority to act on behalf of the compact =c =e 19s ak l23 state;

ie a en rb 2024 (2) any commissioner may be removed or au t[ m m 21 suspended from office as provided by the law of the state from d.233400.3 r- e26 22- HJC/HB 33 which the commissioner is appointed.

Any vacancy occurring in c e s k 23 the commission shall be filled in accordance with the laws of e a n b 24 the compact state in which the vacancy exists;

u [ (3) each commissioner shall be entitled to one .232921.1 - 26 - 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.

(5) all meetings shall be open to the public, and public notice of meetings shall be given in the same manner e t 17 as required under the rulemaking provisions in Article 11 of w l n d 18 this compact;

= = 19 (6) the commission may convene in a closed, a l i a e r 20 nonpublic meeting if the commission must discuss:

ea t 17m m 21 (a) noncompliance of a compact state wd lr ne d22 18 with its obligations under the compact;

=c =e 19s ak l23 (b) employment, compensation, discipline ie a en rb 2024 or other personnel matters, practices or procedures related to au t[ m m 21 specific employees or other matters related to the commission's d.233400.3 r- e27 22- HJC/HB 33 internal personnel practices and procedures;

c e s k 23 (c) current, threatened or reasonably e a n b 24 anticipated litigation against the commission;

u [ (d) negotiation of contracts for the .232921.1 - 27 - purchase or sale of goods, services or real estate;

(i) disclosure of information related to e t 17 any investigatory reports prepared by or on behalf of or for w l n d 18 use of the commission or other committee charged with = = 19 responsibility for investigation or determination of compliance a l i a e r 20 issues pursuant to the compact;

or ea t 17m m 21 (j) matters specifically exempted from wd lr ne d22 18 disclosure by federal and state statute;

and =c =e 19s ak l23 (7) if a meeting, or portion of a meeting, is ie a en rb 2024 closed pursuant to this subsection, the commission's legal au t[ m m 21 counsel or designee shall certify that the meeting may be d.233400.3 r- e28 22- HJC/HB 33 closed and shall reference each relevant exempting provision.

c e s k 23 The commission shall keep minutes that fully and clearly e a n b 24 describe all matters discussed in a meeting and shall provide a u [ full and accurate summary of actions taken, of any person .232921.1 - 28 - participating in the meeting and the reasons therefore, including a description of the views expressed.

e t 17 (1) establishing the fiscal year of the w l n d 18 commission;

= = 19 (2) providing reasonable standards and a l i a e r 20 procedures:

ea t 17m m 21 (a) for the establishment and meetings wd lr ne d22 18 of other committees;

and =c =e 19s ak l23 (b) governing any general or specific ie a en rb 2024 delegation of any authority or function of the commission;

au t[ m m 21 (3) providing reasonable procedures for d.233400.3 r- e29 22- HJC/HB 33 calling and conducting meetings of the commission, ensuring c e s k 23 reasonable advance notice of all meetings and providing an e a n b 24 opportunity for attendance of such meetings by interested u [ parties, with enumerated exceptions designed to protect the .232921.1 - 29 - public's interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets.

(5) providing reasonable standards and e t 17 procedures for the establishment of the personnel policies and w l n d 18 programs of the commission.

Notwithstanding any civil service = = 19 or other similar law of any compact state, the bylaws shall a l i a e r 20 exclusively govern the personnel policies and programs of the ea t 17m m 21 commission;

wd lr ne d22 18 (6) promulgating a code of ethics to address =c =e 19s ak l23 permissible and prohibited activities of commission members and ie a en rb 2024 employees;

au t[ m m 21 (7) providing a mechanism for concluding the d.233400.3 r- e30 22- HJC/HB 33 operations of the commission and the equitable disposition of c e s k 23 any surplus funds that may exist after the termination of the e a n b 24 compact, after the payment, and/or reserving, of all of its u [ debts and obligations;

.232921.1 - 30 - (8) the commission shall publish its bylaws in a convenient form and file a copy, and a copy of any amendments, with the appropriate agency or officer in each of the compact states;

(1) the authority to promulgate uniform rules to facilitate and coordinate implementation and administration e t 17 of this compact.

The rules shall have the force and effect of w l n d 18 law and shall be binding in all compact states;

= = 19 (2) to bring and prosecute legal proceedings a l i a e r 20 or actions in the name of the commission;

provided that the ea t 17m m 21 standing of any state psychology regulatory authority or other wd lr ne d22 18 regulatory body responsible for psychology licensure to sue or =c =e 19s ak l23 be sued under applicable law shall not be affected;

ie a en rb 2024 (3) to purchase and maintain insurance and au t[ m m 21 bonds;

d.233400.3 r- e31 22- HJC/HB 33 (4) to borrow, accept or contract for services c e s k 23 of personnel, including, but not limited to, employees of a e a n b 24 compact state;

u [ (5) to hire employees, elect or appoint .232921.1 - 31 - officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

(7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or e t 17 use, any property real, personal or mixed;

provided that at all w l n d 18 times the commission shall strive to avoid any appearance of = = 19 impropriety;

a l i a e r 20 (8) to sell, convey, mortgage, pledge, lease, ea t 17m m 21 exchange, abandon or otherwise dispose of any property real, wd lr ne d22 18 personal or mixed;

=c =e 19s ak l23 (9) to establish a budget and make ie a en rb 2024 expenditures;

au t[ m m 21 (10) to borrow money;

d.233400.3 r- e32 22- HJC/HB 33 (11) to appoint committees, including advisory c e s k 23 committees composed of members, state regulators, state e a n b 24 legislators or their representatives and consumer u [ representatives, and such other interested persons as may be .232921.1 - 32 - designated in this compact and the bylaws;

the elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission e t 17 according to the terms of this compact;

w l n d 18 (1) the executive board shall be composed of = = 19 six members:

a l i a e r 20 (a) five voting members who are elected ea t 17m m 21 from the current membership of the commission by the wd lr ne d22 18 commission;

and =c =e 19s ak l23 (b) one ex-officio, nonvoting member ie a en rb 2024 from the recognized membership organization composed of state au t[ m m 21 and provincial psychology regulatory authorities;

d.233400.3 r- e33 22- HJC/HB 33 (2) the ex-officio member must have served as c e s k 23 staff or member on a state psychology regulatory authority and e a n b 24 will be selected by its respective organization;

u [ (3) the commission may remove any member of .232921.1 - 33 - the executive board as provided in the bylaws;

e t 17 (d) maintain financial records on behalf w l n d 18 of the commission;

= = 19 (e) monitor compact compliance of member a l i a e r 20 states and provide compliance reports to the commission;

ea t 17m m 21 (f) establish additional committees as wd lr ne d22 18 necessary;

and =c =e 19s ak l23 (g) other duties as provided in rules or ie a en rb 2024 bylaws.

au t[ m m 21 F.

d.233400.3 r- e34 22- HJC/HB 33 (1) the commission shall pay, or provide for c e s k 23 the payment of, the reasonable expenses of its establishment, e a n b 24 organization and ongoing activities;

u [ (2) the commission may accept any and all .232921.1 - 34 - appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services;

(4) the commission shall not incur obligations e t 17 of any kind prior to securing the funds adequate to meet the w l n d 18 same;

nor shall the commission pledge the credit of any of the = = 19 compact states, except by and with the authority of the compact a l i a e r 20 state;

and ea t 17m m 21 (5) the commission shall keep accurate wd lr ne d22 18 accounts of all receipts and disbursements.

The receipts and =c =e 19s ak l23 disbursements of the commission shall be subject to the audit ie a en rb 2024 and accounting procedures established under its bylaws.

au t[ m m 21 However, all receipts and disbursements of funds handled by the d.233400.3 r- e35 22- HJC/HB 33 commission shall be audited yearly by a certified or licensed c e s k 23 public accountant, and the report of the audit shall be e a n b 24 included in and become part of the annual report of the u [ commission.

.232921.1 - 35 - G.

provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, e t 17 loss, injury or liability caused by the intentional or willful w l n d 18 or wanton misconduct of that person;

= = 19 (2) the commission shall defend any member, a l i a e r 20 officer, executive director, employee or representative of the ea t 17m m 21 commission in any civil action seeking to impose liability wd lr ne d22 18 arising out of any actual or alleged act, error or omission =c =e 19s ak l23 that occurred within the scope of commission employment, duties ie a en rb 2024 or responsibilities, or that the person against whom the claim au t[ m m 21 is made had a reasonable basis for believing occurred within d.233400.3 r- e36 22- HJC/HB 33 the scope of commission employment, duties or responsibilities;

c e s k 23 provided that nothing herein shall be construed to prohibit e a n b 24 that person from retaining the person's own counsel;

and u [ provided further that the actual or alleged act, error or .232921.1 - 36 - omission did not result from that person's intentional or willful or wanton misconduct;

provided that the e t 17 actual or alleged act, error or omission did not result from w l n d 18 the intentional or willful or wanton misconduct of that person.

= = 19 ARTICLE 11 RULEMAKINGa l i a e r 20 RULEMAKING a t 17m m 21 A.

The commission shall exercise its rulemaking wd lr ne d22 18 powers pursuant to the criteria set forth in this article and =c =e 19s ak l23 the rules adopted thereunder.

Rules and amendments shall ie a en rb 2024 become binding as of the date specified in each rule or au t[ m m 21 amendment.

d.233400.3 r- e37 22- HJC/HB 33 B.

If a majority of the legislatures of the compact c e s k 23 states rejects a rule, by enactment of a statute or resolution e a n b 24 in the same manner used to adopt the compact, then such rule u [ shall have no further force and effect in any compact state.

.232921.1 - 37 - C.

e t 17 (1) the proposed time, date and location of w l n d 18 the meeting in which the rule will be considered and voted = = 19 upon;

a l i a e r 20 (2) the text of the proposed rule or amendment ea t 17m m 21 and the reason for the proposed rule;

wd lr ne d22 18 (3) a request for comments on the proposed =c =e 19s ak l23 rule from any interested person;

and ie a en rb 2024 (4) the manner in which interested persons may au t[ m m 21 submit notice to the commission of their intention to attend d.233400.3 r- e38 22- HJC/HB 33 the public hearing and any written comments.

c e s k 23 F.

Prior to adoption of a proposed rule, the e a n b 24 commission shall allow persons to submit written data, facts, u [ opinions and arguments, which shall be made available to the .232921.1 - 38 - public.

e t 17 (1) all persons wishing to be heard at the w l n d 18 hearing shall notify the executive director of the commission = = 19 or other designated member in writing of their desire to appear a l i a e r 20 and testify at the hearing not less than five business days ea t 17m m 21 before the scheduled date of the hearing;

wd lr ne d22 18 (2) hearings shall be conducted in a manner =c =e 19s ak l23 providing each person who wishes to comment a fair and ie a en rb 2024 reasonable opportunity to comment orally or in writing;

au t[ m m 21 (3) no transcript of the hearing is required, d.233400.3 r- e39 22- HJC/HB 33 unless a written request for a transcript is made, in which c e s k 23 case the person requesting the transcript shall bear the cost e a n b 24 of producing the transcript.

A recording may be made in lieu u [ of a transcript under the same terms and conditions as a .232921.1 - 39 - transcript.

The commission shall, by majority vote of all e t 17 members, take final action on the proposed rule and shall w l n d 18 determine the effective date of the rule, if any, based on the = = 19 rulemaking record and the full text of the rule.

a l i a e r 20 K.

If no written notice of intent to attend the ea t 17m m 21 public hearing by interested parties is received, the wd lr ne d22 18 commission may proceed with promulgation of the proposed rule =c =e 19s ak l23 without a public hearing.

ie a en rb 2024 L.

Upon determination that an emergency exists, the au t[ m m 21 commission may consider and adopt an emergency rule without d.233400.3 r- e40 22- HJC/HB 33 prior notice, opportunity for comment or hearing;

provided that c e s k 23 the usual rulemaking procedures provided in the compact and in e a n b 24 this article shall be retroactively applied to the rule as soon u [ as reasonably possible, in no event later than ninety days .232921.1 - 40 - after the effective date of the rule.

The commission or an authorized committee of the e t 17 commission may direct revisions to a previously adopted rule or w l n d 18 amendment for purposes of correcting typographical errors, = = 19 errors in format, errors in consistency or grammatical errors.

a l i a e r 20 Public notice of any revisions shall be posted on the website ea t 17m m 21 of the commission.

The revision shall be subject to challenge wd lr ne d22 18 by any person for a period of thirty days after posting.

The =c =e 19s ak l23 revision may be challenged only on grounds that the revision ie a en rb 2024 results in a material change to a rule.

A challenge shall be au t[ m m 21 made in writing and delivered to the chair of the commission d.233400.3 r- e41 22- HJC/HB 33 prior to the end of the notice period.

If no challenge is c e s k 23 made, the revision will take effect without further action.

If e a n b 24 the revision is challenged, the revision shall not take effect u [ without the approval of the commission.

.232921.1 - 41 - ARTICLE 12 OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A.

The provisions of the compact and the rules promulgated hereunder shall have standingthe asforce statutoryof 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 e t 17 of the compact that may affect the powers, responsibilities or w l n d 18 actions of the commission;

and = = 19 (3) the commission shall be entitled to a l i a e tr 1720 receive service of process in any such proceeding and shall wa lt nm dm 1821 have standing to intervene in such a proceeding for all =d =r 19e a22 l purposes.

Failure to provide service of process to the ic a e rs 20k 23 commission shall render a judgment or order void as to the e a tn mb m24 21 commission, the compact or promulgated rules.

du r[ e 22 B.

c.233400.3 e- s42 k- 23HJC/HB 33 (1) if the commission determines that a e a n b 24 compact state has defaulted in the performance of its u [ obligations or responsibilities under this compact or the .232921.1 - 42 - promulgated rules, the commission shall:

A remedy of the default does not relieve the e t 17 offending state of obligations or liabilities incurred during w l n d 18 the period of default;

= = 19 (3) termination of membership in the compact a l i a e tr 1720 shall be imposed only after all other means of securing wa lt nm dm 1821 compliance have been exhausted, and notice of intent to suspend =d =r 19e a22 l or terminate shall be submitted by the commission to the ic a e rs 20k 23 governor, the majority and minority leaders of the defaulting e a tn mb m24 21 state's legislature and each of the compact states;

du r[ e 22 (4) a compact state that has been terminated c.233400.3 e- s43 k- 23HJC/HB 33 is responsible for all assessments, obligations and liabilities e a n b 24 incurred through the effective date of termination, including u [ obligations that extend beyond the effective date of .232921.1 - 43 - termination;

(1) upon request by a compact state, the e t 17 commission shall attempt to resolve disputes related to the w l n d 18 compact that arise among compact states and between compact and = = 19 non-compact states;

and a l i a e tr 1720 (2) the commission shall promulgate a rule wa lt nm dm 1821 providing for both mediation and binding dispute resolution for =d =r 19e a22 l disputes that arise before the commission.

ic a e rs 20k 23 D.

e a tn mb m24 21 (1) the commission, in the reasonable exercise du r[ e 22 of its discretion, shall enforce the provisions and rules of c.233400.3 e- s44 k- 23HJC/HB 33 this compact;

e a n b 24 (2) by majority vote, the commission may u [ initiate legal action in the United States district court for .232921.1 - 44 - the state of GeorgiaGeorgia, or the federal district where the compact has its principal offices or, at the discretion of the commission, federal or state courts of New Mexico against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws.

ARTICLE 13 e t 17 DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL w l n d 18 COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND = = 19 AMENDMENTS a l i a e r 20 A.

The Psychology Interjurisdictional Compact shall ea t 17m m 21 come into effect on the date on which the compact is enacted wd lr ne d22 18 into law in the seventh compact state.

The provisions that =c =e 19s ak l23 become effective at that time shall be limited to the powers ie a en rb 2024 granted to the commission relating to assembly and the au t[ m m 21 promulgation of rules.

Thereafter, the commission shall meet d.233400.3 r- e45 22- HJC/HB 33 and exercise rulemaking powers necessary to the implementation c e s k 23 and administration of the compact.

e a n b 24 B.

Any state that joins the compact subsequent to u [ the commission's initial adoption of the rules shall be subject .232921.1 - 45 - to the rules as they exist on the date on which the compact becomes law in that state.

and (2) withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action e t 17 reporting requirements of this act prior to the effective date w l n d 18 of withdrawal.

= = 19 D.

Nothing contained in the compact shall be a l i a e r 20 construed to invalidate or prevent any psychology licensure ea t 17m m 21 agreement or other cooperative arrangement between a compact wd lr ne d22 18 state and a non-compact state that does not conflict with the =c =e 19s ak l23 provisions of the compact.

ie a en rb 2024 E.

The compact may be amended by the compact au t[ m m 21 states.

No amendment to the compact shall become effective and d.233400.3 r- e46 22- HJC/HB 33 binding upon any compact state until it is enacted into the law c e s k 23 of all compact states.

e a n b 24 ARTICLE 14 u [ CONSTRUCTION AND SEVERABILITY .232921.1 - 46 - The Psychology Interjurisdictional Compact shall be liberally construed so as to effectuate the purposes of the compact.

- 47 - 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .232921.1.233400.3