HB 33

                                1  HOUSE BILL 33
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Marian Matthews and Jenifer Jones and Elaine Sena Cortez
                                5  and Nicole Chavez and Catherine J. Cullen
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO PROFESSIONAL LICENSURE; ENACTING THE PSYCHOLOGY
                                12   INTERJURISDICTIONAL COMPACT.
                                13
                                14   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                15  SECTION 1.   [NEW MATERIAL] PSYCHOLOGY INTERJURISDICTIONAL
                                16   COMPACT ENTERED INTO.--The Psychology Interjurisdictional
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                                17   Compact is entered into law and entered into with all other
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                                18   jurisdictions legally joining therein in a form substantially
                                19   as follows:
                                20  "ARTICLE 1
                                21  PURPOSE
                                22  Whereas, states license psychologists in order to protect
                                23   the public through verification of education, training and
                                24   experience and ensure accountability for professional practice;
                                25   and
                                     .232921.1
                                1  Whereas, this compact is intended to regulate the day-to-
                                2    day practice of telepsychology, i.e., the provision of
                                3    psychological services using telecommunication technologies, by
                                4    psychologists across state boundaries in the performance of
                                5    their psychological practice as assigned by an appropriate
                                6    authority; and
                                7  Whereas, this compact is intended to regulate the
                                8    temporary in-person, face-to-face practice of psychology by
                                9    psychologists across state boundaries for thirty days within a
                                10   calendar year in the performance of their psychological
                                11   practice as assigned by an appropriate authority; and
                                12  Whereas, this compact is intended to authorize state
                                13   psychology regulatory authorities to afford legal recognition,
                                14   in a manner consistent with the terms of the compact, to
                                15   psychologists licensed in another state; and
                                16  Whereas, this compact recognizes that states have a vested
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                                17   interest in protecting the public's health and safety through
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                                18   their licensing and regulation of psychologists and that such
                                19   state regulation will best protect public health and safety;
                                20   and
                                21  Whereas, this compact does not apply when a psychologist
                                22   is licensed in both the home and receiving states; and
                                23  Whereas, while this compact does not apply to permanent
                                24   in-person, face-to-face practice, it does allow for
                                25   authorization of temporary psychological practice.
                                     .232921.1
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                                1  Consistent with these principles, this compact is designed
                                2    to achieve the following purposes and objectives:
                                3  (1)    increasing public access to professional
                                4    psychological services by allowing for telepsychological
                                5    practice across state lines as well as temporary in-person,
                                6    face-to-face services in a state in which the psychologist is
                                7    not licensed to practice psychology;
                                8  (2)    enhancing the states' ability to protect the
                                9    public's health and safety, especially client/patient safety;
                                10  (3)    encouraging the cooperation of compact states
                                11   in the areas of psychology licensure and regulation;
                                12  (4)    facilitating the exchange of information
                                13   between compact states regarding psychologist licensure,
                                14   adverse actions and disciplinary history;
                                15  (5)    promoting compliance with the laws governing
                                16   psychological practice in each compact state; and
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                                17  (6)    investing all compact states with the authority
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                                18   to hold licensed psychologists accountable through the mutual
                                19   recognition of compact state licenses.
                                20  ARTICLE 2
                                21  DEFINITIONS
                                22        As used in the compact:
                                23  A.    "adverse action" means any action taken by a
                                24   state psychology regulatory authority that finds a violation of
                                25   a statute or regulation that is identified by the state
                                     .232921.1
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                                1    psychology regulatory authority as discipline and is a matter
                                2    of public record;
                                3  B.   "association of state and provincial psychology
                                4    boards" means the recognized membership organization composed
                                5    of state and provincial psychology regulatory authorities
                                6    responsible for the licensure and registration of psychologists
                                7    throughout the United States and Canada;
                                8  C.   "authority to practice interjurisdictional
                                9    telepsychology" means a licensed psychologist's authority to
                                10   practice telepsychology, within the limits authorized under
                                11   this compact, in another compact state;
                                12  D.   "bylaws" means those bylaws established by the
                                13   Psychology Interjurisdictional Compact commission pursuant to
                                14   Article 10 of this compact for its governance or for directing
                                15   and controlling its actions and conduct;
                                16  E.   "client/patient" means the recipient of
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                                17   psychological services, whether psychological services are
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                                18   delivered in the context of health care, corporate, supervision
                                19   or consulting services;
                                20  F.   "commissioner" means the voting representative
                                21   appointed by each state psychology regulatory authority
                                22   pursuant to Article 10 of this compact;
                                23  G.   "compact state" means a state, the District of
                                24   Columbia or a United States territory that has enacted this
                                25   compact legislation and that has not withdrawn pursuant to
                                     .232921.1
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                                1    Subsection C of Article 13 of this compact or been terminated
                                2    pursuant to Subsection B of Article 12 of this compact;
                                3  H.   "confidentiality" means the principle that data
                                4    or information is not made available or disclosed to
                                5    unauthorized persons or processes;
                                6  I.   "coordinated licensure information system", also
                                7    referred to as "coordinated database", means an integrated
                                8    process for collecting, storing and sharing information on
                                9    psychologists' licensure and enforcement activities related to
                                10   psychology licensure laws and the Psychology
                                11   Interjurisdictional Compact, which is administered by the
                                12   recognized membership organization composed of state and
                                13   provincial psychology regulatory authorities;
                                14  J.   "day" means any part of a day in which
                                15   psychological work is performed;
                                16  K.   "distant state" means the compact state where a
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                                17   psychologist is physically present, not through the use of
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                                18   telecommunications technologies, to provide temporary in-
                                19   person, face-to-face psychological services;
                                20  L.   "E.Passport" means a certificate issued by the
                                21   association of state and provincial psychology boards that
                                22   promotes the standardization in the criteria of
                                23   interjurisdictional telepsychology practice and facilitates the
                                24   process for licensed psychologists to provide telepsychological
                                25   services across state lines;
                                     .232921.1
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                                1  M.   "executive board" means a group of directors
                                2    elected or appointed to act on behalf of, and within the powers
                                3    granted to them by, the commission;
                                4  N.   "home state" means a compact state where a
                                5    psychologist is licensed to practice psychology.     If the
                                6    psychologist is licensed in more than one compact state and is
                                7    practicing under the authorization to practice
                                8    interjurisdictional telepsychology, the home state is the
                                9    compact state where the psychologist is physically present when
                                10   the telepsychological services are delivered.     If the
                                11   psychologist is licensed in more than one compact state and is
                                12   practicing under a temporary authorization to practice, the
                                13   home state is any compact state where the psychologist is
                                14   licensed;
                                15  O.   "identity history summary" means a summary of
                                16   information retained by the United States federal bureau of
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                                17   investigation, or other designee with similar authority, in
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                                18   connection with arrests and, in some instances, federal
                                19   employment, naturalization or military service;
                                20  P.   "in-person, face-to-face" means interactions in
                                21   which the psychologist and the client/patient are in the same
                                22   physical space and does not include interactions that may occur
                                23   through the use of telecommunication technologies;
                                24  Q.   "interjurisdictional practice certificate" means
                                25   a certificate issued by the association of state and provincial
                                     .232921.1
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                                1    psychology boards that grants temporary authority to practice
                                2    based on notification to the state psychology regulatory
                                3    authority of intention to practice temporarily and verification
                                4    of one's qualifications for such practice;
                                5  R.   "license" means authorization by a state
                                6    psychology regulatory authority to engage in the independent
                                7    practice of psychology, which would be unlawful without the
                                8    authorization;
                                9  S.   "non-compact state" means any state that is not
                                10   at the time a compact state;
                                11  T.   "psychologist" means an individual licensed for
                                12   the independent practice of psychology;
                                13  U.   "Psychology Interjurisdictional Compact
                                14   commission", also referred to as "commission", means the
                                15   national administration of which all compact states are
                                16   members;
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                                17  V.   "receiving state" means a compact state where
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                                18   the client/patient is physically located when the
                                19   telepsychological services are delivered;
                                20  W.   "rule" means a written statement by the
                                21   Psychology Interjurisdictional Compact commission promulgated
                                22   pursuant to Article 11 of this compact that is of general
                                23   applicability, implements, interprets or prescribes a policy or
                                24   provision of the compact, or an organizational, procedural or
                                25   practice requirement of the commission, and has the force and
                                     .232921.1
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                                1    effect of statutory law in a compact state and includes the
                                2    amendment, repeal or suspension of an existing rule;
                                3  X.    "significant investigatory information" means:
                                4  (1)   investigative information that a state
                                5    psychology regulatory authority, after a preliminary inquiry
                                6    that includes notification and an opportunity to respond if
                                7    required by state law, has reason to believe, if proven true,
                                8    would indicate more than a violation of state statute or ethics
                                9    code that would be considered more substantial than a minor
                                10   infraction; or
                                11  (2)   investigative information that indicates
                                12   that the psychologist represents an immediate threat to public
                                13   health and safety regardless of whether the psychologist has
                                14   been notified or has had an opportunity to respond;
                                15  Y.    "state" means a state, commonwealth, territory
                                16   or possession of the United States or the District of Columbia;
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                                17  Z.    "state psychology regulatory authority" means
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                                18   the board, office or other agency with the legislative mandate
                                19   to license and regulate the practice of psychology;
                                20  AA.    "telepsychology" means the provision of
                                21   psychological services using telecommunication technologies;
                                22  BB.    "temporary authorization to practice" means a
                                23   licensed psychologist's authority to conduct temporary in-
                                24   person, face-to-face practice, within the limits authorized
                                25   under this compact, in another compact state; and
                                     .232921.1
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                                1  CC.    "temporary in-person, face-to-face practice"
                                2    means where a psychologist is physically present, not through
                                3    the use of telecommunications technologies, in a distant state
                                4    to provide for the practice of psychology for thirty days
                                5    within a calendar year and based on notification to the distant
                                6    state.
                                7  ARTICLE 3
                                8  HOME STATE LICENSURE
                                9  A.    The home state shall be a compact state where a
                                10   psychologist is licensed to practice psychology.
                                11  B.    A psychologist may hold one or more compact
                                12   state licenses at a time.     If the psychologist is licensed in
                                13   more than one compact state, the home state is the compact
                                14   state where the psychologist is physically present when the
                                15   services are delivered as authorized by the authority to
                                16   practice interjurisdictional telepsychology under the terms of
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                                17   the Psychology Interjurisdictional Compact.
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                                18  C.    Any compact state may require a psychologist not
                                19   previously licensed in a compact state to obtain and retain a
                                20   license to be authorized to practice in the compact state under
                                21   circumstances not authorized by the authority to practice
                                22   interjurisdictional telepsychology under the terms of this
                                23   compact.
                                24  D.    Any compact state may require a psychologist to
                                25   obtain and retain a license to be authorized to practice in a
                                     .232921.1
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                                1    compact state under circumstances not authorized by temporary
                                2    authorization to practice under the terms of this compact.
                                3  E.   A home state's license authorizes a psychologist
                                4    to practice in a receiving state under the authority to
                                5    practice interjurisdictional telepsychology only if the compact
                                6    state:
                                7  (1)   currently requires the psychologist to
                                8    hold an active E.Passport;
                                9  (2)   has a mechanism in place for receiving and
                                10   investigating complaints about licensed individuals;
                                11  (3)   notifies the commission, in compliance
                                12   with the terms of the compact, of any adverse action or
                                13   significant investigatory information regarding a licensed
                                14   individual;
                                15  (4)   requires an identity history summary of
                                16   all applicants at initial licensure, including the use of the
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                                17   results of fingerprints or other biometric data checks
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                                18   compliant with the requirements of the United States federal
                                19   bureau of investigation, Psychology Interjurisdictional Compact
                                20   or other designee with similar authority, no later than ten
                                21   years after activation of the compact; and
                                22  (5)   complies with the bylaws and rules of the
                                23   commission.
                                24  F.   A home state's license grants temporary
                                25   authorization to practice to a psychologist in a distant state
                                     .232921.1
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                                1    only if the compact state:
                                2  (1)   currently requires the psychologist to
                                3    hold an active interjurisdictional practice certificate;
                                4  (2)   has a mechanism in place for receiving and
                                5    investigating complaints about licensed individuals;
                                6  (3)   notifies the commission, in compliance
                                7    with the terms herein, of any adverse action or significant
                                8    investigatory information regarding a licensed individual;
                                9  (4)   requires an identity history summary of
                                10   all applicants at initial licensure, including the use of the
                                11   results of fingerprints or other biometric data checks
                                12   compliant with the requirements of the United States federal
                                13   bureau of investigation, or other designee with similar
                                14   authority, no later than ten years after activation of the
                                15   compact; and
                                16  (5)   complies with the bylaws and rules of the
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                                17   commission.
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                                18  ARTICLE 4
                                19  COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
                                20  A.   Compact states shall recognize the right of a
                                21   psychologist, licensed in a compact state in conformance with
                                22   Article 3 of the Psychology Interjurisdictional Compact, to
                                23   practice telepsychology in other compact states (receiving
                                24   states) in which the psychologist is not licensed, under the
                                25   authority to practice interjurisdictional telepsychology as
                                     .232921.1
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                                1    provided in the compact.
                                2  B.   To exercise the authority to practice
                                3    interjurisdictional telepsychology under the terms and
                                4    provisions of the compact, a psychologist licensed to practice
                                5    in a compact state must:
                                6  (1)   hold a graduate degree in psychology from
                                7    an institute of higher education that was, at the time the
                                8    degree was awarded:
                                9  (a)   regionally accredited by an
                                10   accrediting body recognized by the United States department of
                                11   education to grant graduate degrees or authorized by provincial
                                12   statute or royal charter to grant doctoral degrees; or
                                13  (b)   a foreign college or university
                                14   deemed to be equivalent to Subparagraph (a) of this paragraph
                                15   by a foreign credential evaluation service that is a member of
                                16   the national association of credential evaluation services or
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                                17   by a recognized foreign credential evaluation service;
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                                18  (2)   hold a graduate degree in psychology that
                                19   meets the following criteria:
                                20  (a)   the program, wherever it may be
                                21   administratively housed, must be clearly identified and labeled
                                22   as a psychology program.      Such a program must specify in
                                23   pertinent institutional catalogues and brochures its intent to
                                24   educate and train professional psychologists;
                                25  (b)   the psychology program must stand as
                                     .232921.1
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                                1    a recognizable, coherent, organizational entity within the
                                2    institution;
                                3  (c)   there must be a clear authority and
                                4    primary responsibility for the core and specialty areas,
                                5    whether or not the program cuts across administrative lines;
                                6  (d)   the program must consist of an
                                7    integrated, organized sequence of study;
                                8  (e)   there must be an identifiable
                                9    psychology faculty sufficient in size and breadth to carry out
                                10   its responsibilities;
                                11  (f)   the designated director of the
                                12   program must be a psychologist and a member of the core
                                13   faculty;
                                14  (g)   the program must have an
                                15   identifiable body of students who are matriculated in that
                                16   program for a degree;
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                                17  (h)   the program must include supervised
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                                18   practicum, internship or field training appropriate to the
                                19   practice of psychology;
                                20  (i)   the curriculum shall encompass a
                                21   minimum of three academic years of full-time graduate study for
                                22   doctoral degrees and a minimum of one academic year of full-
                                23   time graduate study for master's degrees; and
                                24  (j)   the program includes an acceptable
                                25   residency as defined by the rules of the commission;
                                     .232921.1
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                                1  (3)   possess a current, full and unrestricted
                                2    license to practice psychology in a home state that is a
                                3    compact state;
                                4  (4)   have no history of adverse action that
                                5    violates the rules of the commission;
                                6  (5)   have no criminal record history reported
                                7    on an identity history summary that violates the rules of the
                                8    commission;
                                9  (6)   possess a current, active E.Passport;
                                10  (7)   provide attestations in regard to areas of
                                11   intended practice, conformity with standards of practice and
                                12   competence in telepsychology technology; criminal background;
                                13   and knowledge and adherence to legal requirements in the home
                                14   and receiving states, and must provide a release of information
                                15   to allow for primary source verification in a manner specified
                                16   by the commission; and
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                                17  (8)   meet other criteria as defined by the
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                                18   rules of the commission.
                                19  C.   The home state maintains authority over the
                                20   license of any psychologist practicing into a receiving state
                                21   under the authority to practice interjurisdictional
                                22   telepsychology.
                                23  D.   A psychologist practicing in a receiving state
                                24   under the authority to practice interjurisdictional
                                25   telepsychology will be subject to the receiving state's scope
                                     .232921.1
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                                1    of practice.     A receiving state may, in accordance with that
                                2    state's due process law, limit or revoke a psychologist's
                                3    authority to practice interjurisdictional telepsychology in the
                                4    receiving state and may take any other necessary actions under
                                5    the receiving state's applicable law to protect the health and
                                6    safety of the receiving state's citizens.    If a receiving state
                                7    takes action, the state shall promptly notify the home state
                                8    and the commission.
                                9  E.   If a psychologist's license in any home state or
                                10   another compact state, or any authority to practice
                                11   interjurisdictional telepsychology in any receiving state, is
                                12   restricted, suspended or otherwise limited, the E.Passport
                                13   shall be revoked and, therefore, the psychologist shall not be
                                14   eligible to practice telepsychology in a compact state under
                                15   the authority to practice interjurisdictional telepsychology.
                                16  ARTICLE 5
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                                17  COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
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                                18  A.   Compact states shall also recognize the right of
                                19   a psychologist, licensed in a compact state in conformance with
                                20   Article 3 of the Psychology Interjurisdictional Compact, to
                                21   practice temporarily in other compact states (distant states)
                                22   in which the psychologist is not licensed, as provided in the
                                23   compact.
                                24  B.   To exercise the temporary authorization to
                                25   practice under the terms and provisions of this compact, a
                                     .232921.1
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                                1    psychologist licensed to practice in a compact state must:
                                2  (1)   hold a graduate degree in psychology from
                                3    an institute of higher education that was, at the time the
                                4    degree was awarded:
                                5  (a)   regionally accredited by an
                                6    accrediting body recognized by the United States department of
                                7    education to grant graduate degrees or authorized by provincial
                                8    statute or royal charter to grant doctoral degrees; or
                                9  (b)   a foreign college or university
                                10   deemed to be equivalent to Subparagraph (a) of this paragraph
                                11   by a foreign credential evaluation service that is a member of
                                12   the national association of credential evaluation services or
                                13   by a recognized foreign credential evaluation service;
                                14  (2)   hold a graduate degree in psychology that
                                15   meets the following criteria:
                                16  (a)   the program, wherever it may be
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                                17   administratively housed, must be clearly identified and labeled
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                                18   as a psychology program.    Such a program must specify in
                                19   pertinent institutional catalogues and brochures its intent to
                                20   educate and train professional psychologists;
                                21  (b)   the psychology program must stand as
                                22   a recognizable, coherent, organizational entity within the
                                23   institution;
                                24  (c)   there must be a clear authority and
                                25   primary responsibility for the core and specialty areas,
                                     .232921.1
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                                1    whether or not the program cuts across administrative lines;
                                2  (d)   the program must consist of an
                                3    integrated, organized sequence of study;
                                4  (e)   there must be an identifiable
                                5    psychology faculty sufficient in size and breadth to carry out
                                6    its responsibilities;
                                7  (f)   the designated director of the
                                8    program must be a psychologist and a member of the core
                                9    faculty;
                                10  (g)   the program must have an
                                11   identifiable body of students who are matriculated in that
                                12   program for a degree;
                                13  (h)   the program must include a
                                14   supervised practicum or internship or field training
                                15   appropriate to the practice of psychology;
                                16  (i)   the curriculum shall encompass a
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                                17   minimum of three academic years of full-time graduate study for
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                                18   doctoral degrees and a minimum of one academic year of full-
                                19   time graduate study for master's degrees; and
                                20  (j)   the program includes an acceptable
                                21   residency as defined by the rules of the commission;
                                22  (3)    possess a current, full and unrestricted
                                23   license to practice psychology in a home state that is a
                                24   compact state;
                                25  (4)    have no history of adverse action that
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                                1    violates the rules of the commission;
                                2  (5)   have no criminal record history that
                                3    violates the rules of the commission;
                                4  (6)   possess a current, active
                                5    interjurisdictional practice certificate;
                                6  (7)   provide attestations in regard to areas of
                                7    intended practice and work experience and provide a release of
                                8    information to allow for primary source verification in a
                                9    manner specified by the commission; and
                                10  (8)   meet other criteria as defined by the
                                11   rules of the commission.
                                12  C.   A psychologist practicing in a distant state
                                13   under the temporary authorization to practice shall practice
                                14   within the scope of practice authorized by the distant state.
                                15  D.   A psychologist practicing in a distant state
                                16   under the temporary authorization to practice will be subject
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                                17   to the distant state's authority and law.    A distant state may,
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                                18   in accordance with that state's due process law, limit or
                                19   revoke a psychologist's temporary authorization to practice in
                                20   the distant state and may take any other necessary actions
                                21   under the distant state's applicable law to protect the health
                                22   and safety of the distant state's citizens.    If a distant state
                                23   takes action, the state shall promptly notify the home state
                                24   and the commission.
                                25  E.   If a psychologist's license in any home state or
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                                1    another compact state, or any temporary authorization to
                                2    practice in any distant state, is restricted, suspended or
                                3    otherwise limited, the interjurisdictional practice certificate
                                4    shall be revoked and, therefore, the psychologist shall not be
                                5    eligible to practice in a compact state under the temporary
                                6    authorization to practice interjurisdictional telepsychology.
                                7  ARTICLE 6
                                8      CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
                                9  A psychologist may practice in a receiving state under the
                                10   authority to practice interjurisdictional telepsychology only
                                11   in the performance of the scope of practice for psychology as
                                12   assigned by an appropriate state psychology regulatory
                                13   authority, as defined in the rules of the commission and under
                                14   the following circumstances:
                                15  A.    the psychologist initiates a client/patient
                                16   contact in a home state via telecommunication technologies with
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                                17   a client/patient in a receiving state; or
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                                18  B.    other conditions regarding telepsychology as
                                19   determined by rules promulgated by the commission.
                                20  ARTICLE 7
                                21  ADVERSE ACTIONS
                                22  A.    A home state shall have the power to impose
                                23   adverse action against a psychologist's license issued by the
                                24   home state.      A distant state shall have the power to take
                                25   adverse action on a psychologist's temporary authorization to
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                                1    practice within that distant state.
                                2  B.   A receiving state may take adverse action on a
                                3    psychologist's authority to practice interjurisdictional
                                4    telepsychology within that receiving state.     A home state may
                                5    take adverse action against a psychologist based on an adverse
                                6    action taken by a distant state regarding temporary in-person,
                                7    face-to-face practice.
                                8  C.   If a home state takes adverse action against a
                                9    psychologist's license, that psychologist's authority to
                                10   practice interjurisdictional telepsychology is terminated and
                                11   the E.Passport is revoked.     Furthermore, that psychologist's
                                12   temporary authorization to practice is terminated and the
                                13   interjurisdictional practice certificate is revoked; provided
                                14   that:
                                15  (1)   all home state disciplinary orders that
                                16   impose adverse action shall be reported to the commission in
[bracketed material] = delete
                                17   accordance with the rules promulgated by the commission.     A
underscored material = new
                                18   compact state shall report adverse actions in accordance with
                                19   the rules of the commission;
                                20  (2)   in the event discipline is reported on a
                                21   psychologist, the psychologist will not be eligible for
                                22   telepsychology or temporary in-person, face-to-face practice in
                                23   accordance with the rules of the commission; and
                                24  (3)   other actions may be imposed as determined
                                25   by the rules promulgated by the commission.
                                     .232921.1
                                                                    - 20 -
                                1  D.   A home state's psychology regulatory authority
                                2    shall investigate and take appropriate action with respect to
                                3    reported inappropriate conduct engaged in by a licensee that
                                4    occurred in a receiving state as it would if such conduct had
                                5    occurred by a licensee within the home state.    In such cases,
                                6    the home state's law shall control in determining any adverse
                                7    action against a psychologist's license.
                                8  E.   A distant state's psychology regulatory
                                9    authority shall investigate and take appropriate action with
                                10   respect to reported inappropriate conduct engaged in by a
                                11   psychologist practicing under temporary authorization practice
                                12   that occurred in that distant state as it would if such conduct
                                13   had occurred by a licensee within the home state.    In such
                                14   cases, the distant state's law shall control in determining any
                                15   adverse action against a psychologist's temporary authorization
                                16   to practice.
[bracketed material] = delete
                                17  F.   Nothing in this compact shall override a compact
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                                18   state's decision that a psychologist's participation in an
                                19   alternative program may be used in lieu of adverse action and
                                20   that such participation shall remain nonpublic if required by
                                21   the compact state's law.    Compact states must require
                                22   psychologists who enter any alternative programs to not provide
                                23   telepsychology services under the authority to practice
                                24   interjurisdictional telepsychology or provide temporary
                                25   psychological services under the temporary authorization to
                                     .232921.1
                                                                   - 21 -
                                1    practice in any other compact state during the term of the
                                2    alternative program.
                                3  G.   No other judicial or administrative remedies
                                4    shall be available to a psychologist in the event a compact
                                5    state imposes an adverse action pursuant to Subsection C of
                                6    this article.
                                7  ARTICLE 8
                                8    ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY
                                9  REGULATORY AUTHORITY
                                10  A.   In addition to any other powers granted under
                                11   state law, a compact state's psychology regulatory authority
                                12   shall have the authority under the Psychology
                                13   Interjurisdictional Compact to:
                                14  (1)   issue subpoenas, for both hearings and
                                15   investigations, that require the attendance and testimony of
                                16   witnesses and the production of evidence.      Subpoenas issued by
[bracketed material] = delete
                                17   a compact state's psychology regulatory authority for the
underscored material = new
                                18   attendance and testimony of witnesses, or the production of
                                19   evidence from another compact state, shall be enforced in the
                                20   latter state by any court of competent jurisdiction, according
                                21   to that court's practice and procedure in considering subpoenas
                                22   issued in its own proceedings.    The issuing state psychology
                                23   regulatory authority shall pay any witness fees, travel
                                24   expenses, mileage and other fees required by the service
                                25   statutes of the state where the witnesses or evidence are
                                     .232921.1
                                                                    - 22 -
                                1    located; and
                                2  (2)   issue cease and desist or injunctive
                                3    relief orders to revoke a psychologist's authority to practice
                                4    interjurisdictional telepsychology or temporary authorization
                                5    to practice.
                                6  B.    During the course of any investigation, a
                                7    psychologist shall not change the psychologist's home state
                                8    licensure.    A home state psychology regulatory authority is
                                9    authorized to complete any pending investigations of a
                                10   psychologist and to take any actions appropriate under its law.
                                11   The home state psychology regulatory authority shall promptly
                                12   report the conclusions of such investigations to the
                                13   commission.       Once an investigation has been completed, and
                                14   pending the outcome of the investigation, the psychologist may
                                15   change the psychologist's home state licensure.       The commission
                                16   shall promptly notify the new home state of any such decisions
[bracketed material] = delete
                                17   as provided in the rules of the commission.       All information
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                                18   provided to the commission or distributed by compact states
                                19   pursuant to the psychologist shall be confidential, filed under
                                20   seal and used for investigatory or Psychology
                                21   Interjurisdictional Compact disciplinary matters.       The
                                22   commission may create additional rules for mandated or
                                23   discretionary sharing of information by compact states.
                                24  ARTICLE 9
                                25  COORDINATED LICENSURE INFORMATION SYSTEM
                                     .232921.1
                                                                       - 23 -
                                1  A.   The commission shall provide for the development
                                2    and maintenance of a coordinated licensure information system
                                3    (coordinated database) and reporting system containing
                                4    licensure and disciplinary action information on all
                                5    psychologists and individuals to whom the Psychology
                                6    Interjurisdictional Compact is applicable in all compact states
                                7    as defined by the rules of the commission.
                                8  B.   Notwithstanding any other provision of state law
                                9    to the contrary, a compact state shall submit a uniform data
                                10   set to the coordinated database on all licensees as required by
                                11   the rules of the commission, including:
                                12  (1)   identifying information;
                                13  (2)   licensure data;
                                14  (3)   significant investigatory information;
                                15  (4)   adverse actions against a psychologist's
                                16   license;
[bracketed material] = delete
                                17  (5)   an indicator that a psychologist's
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                                18   authority to practice interjurisdictional telepsychology or
                                19   temporary authorization to practice is revoked;
                                20  (6)   non-confidential information related to
                                21   alternative program participation information;
                                22  (7)   any denial of application for licensure
                                23   and the reasons for such denial; and
                                24  (8)   other information that may facilitate the
                                25   administration of this compact, as determined by the rules of
                                     .232921.1
                                                                    - 24 -
                                1    the commission.
                                2  C.   The coordinated database administrator shall
                                3    promptly notify all compact states of any adverse action taken
                                4    against, or significant investigative information on, any
                                5    licensee in a compact state.
                                6  D.   Compact states reporting information to the
                                7    coordinated database may designate information that shall not
                                8    be shared with the public without the express permission of the
                                9    compact state reporting the information.
                                10  E.   Any information submitted to the coordinated
                                11   database that is subsequently required to be expunged by the
                                12   law of the compact state reporting the information shall be
                                13   removed from the coordinated database.
                                14  ARTICLE 10
                                15     ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
                                16  COMMISSION
[bracketed material] = delete
                                17  A.   The compact states hereby create and establish a
underscored material = new
                                18   joint public agency known as the Psychology Interjurisdictional
                                19   Compact commission as follows:
                                20  (1)   the commission is a body politic and an
                                21   instrumentality of the compact states;
                                22  (2)   venue is proper, and judicial proceedings
                                23   by or against the commission shall be brought solely and
                                24   exclusively in a court of competent jurisdiction where the
                                25   principal office of the commission is located.    The commission
                                     .232921.1
                                                                    - 25 -
                                1    may waive venue and jurisdictional defenses to the extent it
                                2    adopts or consents to participate in alternative dispute
                                3    resolution proceedings; and
                                4  (3)   nothing in the compact shall be construed
                                5    to be a waiver of sovereign immunity.
                                6  B.   Membership, voting and meetings are as follows:
                                7  (1)   the commission shall consist of one voting
                                8    representative appointed by each compact state who shall serve
                                9    as that state's commissioner.     The state psychology regulatory
                                10   authority shall appoint its delegate.     This delegate shall be
                                11   empowered to act on behalf of the compact state.     This delegate
                                12   shall be limited to:
                                13  (a)   the executive director, executive
                                14   secretary or similar executive;
                                15  (b)   a current member of the state
                                16   psychology regulatory authority of a compact state; or
[bracketed material] = delete
                                17  (c)   a designee empowered with the
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                                18   appropriate delegate authority to act on behalf of the compact
                                19   state;
                                20  (2)   any commissioner may be removed or
                                21   suspended from office as provided by the law of the state from
                                22   which the commissioner is appointed.     Any vacancy occurring in
                                23   the commission shall be filled in accordance with the laws of
                                24   the compact state in which the vacancy exists;
                                25  (3)   each commissioner shall be entitled to one
                                     .232921.1
                                                                    - 26 -
                                1    vote with regard to the promulgation of rules and creation of
                                2    bylaws and shall otherwise have an opportunity to participate
                                3    in the business and affairs of the commission.    A commissioner
                                4    shall vote in person or by such other means as provided in the
                                5    bylaws.   The bylaws may provide for commissioners'
                                6    participation in meetings by telephone or other means of
                                7    communication;
                                8  (4)   the commission shall meet at least once
                                9    during each calendar year.    Additional meetings shall be held
                                10   as set forth in the bylaws;
                                11  (5)   all meetings shall be open to the public,
                                12   and public notice of meetings shall be given in the same manner
                                13   as required under the rulemaking provisions in Article 11 of
                                14   this compact;
                                15  (6)   the commission may convene in a closed,
                                16   nonpublic meeting if the commission must discuss:
[bracketed material] = delete
                                17  (a)   noncompliance of a compact state
underscored material = new
                                18   with its obligations under the compact;
                                19  (b)   employment, compensation, discipline
                                20   or other personnel matters, practices or procedures related to
                                21   specific employees or other matters related to the commission's
                                22   internal personnel practices and procedures;
                                23  (c)   current, threatened or reasonably
                                24   anticipated litigation against the commission;
                                25  (d)   negotiation of contracts for the
                                     .232921.1
                                                                   - 27 -
                                1    purchase or sale of goods, services or real estate;
                                2  (e)   accusation against any person of a
                                3    crime or formally censuring any person;
                                4  (f)   disclosure of trade secrets or
                                5    commercial or financial information that is privileged or
                                6    confidential;
                                7  (g)   disclosure of information of a
                                8    personal nature where disclosure would constitute a clearly
                                9    unwarranted invasion of personal privacy;
                                10  (h)   disclosure of investigatory records
                                11   compiled for law enforcement purposes;
                                12  (i)   disclosure of information related to
                                13   any investigatory reports prepared by or on behalf of or for
                                14   use of the commission or other committee charged with
                                15   responsibility for investigation or determination of compliance
                                16   issues pursuant to the compact; or
[bracketed material] = delete
                                17  (j)   matters specifically exempted from
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                                18   disclosure by federal and state statute; and
                                19  (7)   if a meeting, or portion of a meeting, is
                                20   closed pursuant to this subsection, the commission's legal
                                21   counsel or designee shall certify that the meeting may be
                                22   closed and shall reference each relevant exempting provision.
                                23   The commission shall keep minutes that fully and clearly
                                24   describe all matters discussed in a meeting and shall provide a
                                25   full and accurate summary of actions taken, of any person
                                     .232921.1
                                                                  - 28 -
                                1    participating in the meeting and the reasons therefore,
                                2    including a description of the views expressed.     All documents
                                3    considered in connection with an action shall be identified in
                                4    such minutes.    All minutes and documents of a closed meeting
                                5    shall remain under seal, subject to release only by a majority
                                6    vote of the commission or order of a court of competent
                                7    jurisdiction.
                                8  C.   The commission shall, by a majority vote of the
                                9    commissioners, prescribe bylaws or rules to govern its conduct
                                10   as may be necessary or appropriate to carry out the purposes
                                11   and exercise the powers of this compact, including but not
                                12   limited to:
                                13  (1)   establishing the fiscal year of the
                                14   commission;
                                15  (2)   providing reasonable standards and
                                16   procedures:
[bracketed material] = delete
                                17  (a)   for the establishment and meetings
underscored material = new
                                18   of other committees; and
                                19  (b)   governing any general or specific
                                20   delegation of any authority or function of the commission;
                                21  (3)   providing reasonable procedures for
                                22   calling and conducting meetings of the commission, ensuring
                                23   reasonable advance notice of all meetings and providing an
                                24   opportunity for attendance of such meetings by interested
                                25   parties, with enumerated exceptions designed to protect the
                                     .232921.1
                                                                    - 29 -
                                1    public's interest, the privacy of individuals of such
                                2    proceedings and proprietary information, including trade
                                3    secrets.     The commission may meet in closed session only after
                                4    a majority of the commissioners vote to close a meeting to the
                                5    public in whole or in part.     As soon as practicable, the
                                6    commission must make public a copy of the vote to close the
                                7    meeting revealing the vote of each commissioner with no proxy
                                8    votes allowed;
                                9  (4)   establishing the titles, duties and
                                10   authority, and reasonable procedures for the election, of the
                                11   officers of the commission;
                                12  (5)   providing reasonable standards and
                                13   procedures for the establishment of the personnel policies and
                                14   programs of the commission.     Notwithstanding any civil service
                                15   or other similar law of any compact state, the bylaws shall
                                16   exclusively govern the personnel policies and programs of the
[bracketed material] = delete
                                17   commission;
underscored material = new
                                18  (6)   promulgating a code of ethics to address
                                19   permissible and prohibited activities of commission members and
                                20   employees;
                                21  (7)   providing a mechanism for concluding the
                                22   operations of the commission and the equitable disposition of
                                23   any surplus funds that may exist after the termination of the
                                24   compact, after the payment, and/or reserving, of all of its
                                25   debts and obligations;
                                     .232921.1
                                                                     - 30 -
                                1  (8)    the commission shall publish its bylaws in
                                2    a convenient form and file a copy, and a copy of any
                                3    amendments, with the appropriate agency or officer in each of
                                4    the compact states;
                                5  (9)    the commission shall maintain its
                                6    financial records in accordance with the bylaws; and
                                7  (10)   the commission shall meet and take such
                                8    actions as are consistent with the provisions of this compact
                                9    and the bylaws.
                                10  D.   The commission shall have the following powers:
                                11  (1)    the authority to promulgate uniform rules
                                12   to facilitate and coordinate implementation and administration
                                13   of this compact.    The rules shall have the force and effect of
                                14   law and shall be binding in all compact states;
                                15  (2)    to bring and prosecute legal proceedings
                                16   or actions in the name of the commission; provided that the
[bracketed material] = delete
                                17   standing of any state psychology regulatory authority or other
underscored material = new
                                18   regulatory body responsible for psychology licensure to sue or
                                19   be sued under applicable law shall not be affected;
                                20  (3)    to purchase and maintain insurance and
                                21   bonds;
                                22  (4)    to borrow, accept or contract for services
                                23   of personnel, including, but not limited to, employees of a
                                24   compact state;
                                25  (5)    to hire employees, elect or appoint
                                     .232921.1
                                                                      - 31 -
                                1    officers, fix compensation, define duties, grant such
                                2    individuals appropriate authority to carry out the purposes of
                                3    the compact and establish the commission's personnel policies
                                4    and programs relating to conflicts of interest, qualifications
                                5    of personnel and other related personnel matters;
                                6  (6)    to accept any and all appropriate
                                7    donations and grants of money, equipment, supplies, materials
                                8    and services and to receive, utilize and dispose of the same;
                                9    provided that at all times the commission shall strive to avoid
                                10   any appearance of impropriety and/or conflict of interest;
                                11  (7)    to lease, purchase, accept appropriate
                                12   gifts or donations of, or otherwise to own, hold, improve or
                                13   use, any property real, personal or mixed; provided that at all
                                14   times the commission shall strive to avoid any appearance of
                                15   impropriety;
                                16  (8)    to sell, convey, mortgage, pledge, lease,
[bracketed material] = delete
                                17   exchange, abandon or otherwise dispose of any property real,
underscored material = new
                                18   personal or mixed;
                                19  (9)    to establish a budget and make
                                20   expenditures;
                                21  (10)   to borrow money;
                                22  (11)   to appoint committees, including advisory
                                23   committees composed of members, state regulators, state
                                24   legislators or their representatives and consumer
                                25   representatives, and such other interested persons as may be
                                     .232921.1
                                                                   - 32 -
                                1    designated in this compact and the bylaws;
                                2  (12)   to provide and receive information from,
                                3    and to cooperate with, law enforcement agencies;
                                4  (13)   to adopt and use an official seal; and
                                5  (14)   to perform such other functions as may be
                                6    necessary or appropriate to achieve the purposes of this
                                7    compact consistent with the state regulation of psychology
                                8    licensure, temporary in-person, face-to-face practice and
                                9    telepsychology practice.
                                10  E.   The executive board is created as follows:       the
                                11   elected officers shall serve as the executive board, which
                                12   shall have the power to act on behalf of the commission
                                13   according to the terms of this compact;
                                14  (1)    the executive board shall be composed of
                                15   six members:
                                16  (a)   five voting members who are elected
[bracketed material] = delete
                                17   from the current membership of the commission by the
underscored material = new
                                18   commission; and
                                19  (b)   one ex-officio, nonvoting member
                                20   from the recognized membership organization composed of state
                                21   and provincial psychology regulatory authorities;
                                22  (2)    the ex-officio member must have served as
                                23   staff or member on a state psychology regulatory authority and
                                24   will be selected by its respective organization;
                                25  (3)    the commission may remove any member of
                                     .232921.1
                                                                     - 33 -
                                1    the executive board as provided in the bylaws;
                                2  (4)   the executive board shall meet at least
                                3    annually; and
                                4  (5)   the executive board shall have the
                                5    following duties and responsibilities:
                                6  (a)   recommend to the entire commission
                                7    changes to the rules or bylaws, changes to this compact,
                                8    legislation, fees paid by compact states such as annual dues
                                9    and any other applicable fees;
                                10  (b)   ensure that compact administration
                                11   services are appropriately provided, contractual or otherwise;
                                12  (c)   prepare and recommend the budget;
                                13  (d)   maintain financial records on behalf
                                14   of the commission;
                                15  (e)   monitor compact compliance of member
                                16   states and provide compliance reports to the commission;
[bracketed material] = delete
                                17  (f)   establish additional committees as
underscored material = new
                                18   necessary; and
                                19  (g)   other duties as provided in rules or
                                20   bylaws.
                                21  F.   Financing of the commission:
                                22  (1)   the commission shall pay, or provide for
                                23   the payment of, the reasonable expenses of its establishment,
                                24   organization and ongoing activities;
                                25  (2)   the commission may accept any and all
                                     .232921.1
                                                                    - 34 -
                                1    appropriate revenue sources, donations and grants of money,
                                2    equipment, supplies, materials and services;
                                3  (3)   the commission may levy on and collect an
                                4    annual assessment from each compact state, or impose fees on
                                5    other parties to cover the cost of the operations and
                                6    activities of the commission and its staff, which must be in a
                                7    total amount sufficient to cover its annual budget as approved
                                8    each year for which revenue is not provided by other sources.
                                9    The aggregate annual assessment amount shall be allocated based
                                10   upon a formula to be determined by the commission, which shall
                                11   promulgate a rule binding upon all compact states;
                                12  (4)   the commission shall not incur obligations
                                13   of any kind prior to securing the funds adequate to meet the
                                14   same; nor shall the commission pledge the credit of any of the
                                15   compact states, except by and with the authority of the compact
                                16   state; and
[bracketed material] = delete
                                17  (5)   the commission shall keep accurate
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                                18   accounts of all receipts and disbursements.    The receipts and
                                19   disbursements of the commission shall be subject to the audit
                                20   and accounting procedures established under its bylaws.
                                21   However, all receipts and disbursements of funds handled by the
                                22   commission shall be audited yearly by a certified or licensed
                                23   public accountant, and the report of the audit shall be
                                24   included in and become part of the annual report of the
                                25   commission.
                                     .232921.1
                                                                  - 35 -
                                1  G.   Qualified immunity, defense and indemnification:
                                2  (1)   the members, officers, executive director,
                                3    employees and representatives of the commission shall be immune
                                4    from suit and liability, either personally or in their official
                                5    capacity, for any claim for damage to or loss of property or
                                6    personal injury or other civil liability caused by or arising
                                7    out of any actual or alleged act, error or commission that
                                8    occurred, or that the person against whom the claim is made had
                                9    a reasonable basis for believing occurred, within the scope of
                                10   commission employment, duties or responsibilities; provided
                                11   that nothing in this paragraph shall be construed to protect
                                12   any such person from suit and/or liability for any damage,
                                13   loss, injury or liability caused by the intentional or willful
                                14   or wanton misconduct of that person;
                                15  (2)   the commission shall defend any member,
                                16   officer, executive director, employee or representative of the
[bracketed material] = delete
                                17   commission in any civil action seeking to impose liability
underscored material = new
                                18   arising out of any actual or alleged act, error or omission
                                19   that occurred within the scope of commission employment, duties
                                20   or responsibilities, or that the person against whom the claim
                                21   is made had a reasonable basis for believing occurred within
                                22   the scope of commission employment, duties or responsibilities;
                                23   provided that nothing herein shall be construed to prohibit
                                24   that person from retaining the person's own counsel; and
                                25   provided further that the actual or alleged act, error or
                                     .232921.1
                                                                    - 36 -
                                1    omission did not result from that person's intentional or
                                2    willful or wanton misconduct; and
                                3  (3)   the commission shall indemnify and hold
                                4    harmless any member, officer, executive director, employee or
                                5    representative of the commission for the amount of any
                                6    settlement or judgment obtained against that person arising out
                                7    of any actual or alleged act, error or omission that occurred
                                8    within the scope of commission or Psychology
                                9    Interjurisdictional Compact employment, duties or
                                10   responsibilities; or that such person had a reasonable basis
                                11   for believing occurred within the scope of commission
                                12   employment, duties or responsibilities; provided that the
                                13   actual or alleged act, error or omission did not result from
                                14   the intentional or willful or wanton misconduct of that person.
                                15  ARTICLE 11
                                16  RULEMAKING
[bracketed material] = delete
                                17  A.   The commission shall exercise its rulemaking
underscored material = new
                                18   powers pursuant to the criteria set forth in this article and
                                19   the rules adopted thereunder.     Rules and amendments shall
                                20   become binding as of the date specified in each rule or
                                21   amendment.
                                22  B.   If a majority of the legislatures of the compact
                                23   states rejects a rule, by enactment of a statute or resolution
                                24   in the same manner used to adopt the compact, then such rule
                                25   shall have no further force and effect in any compact state.
                                     .232921.1
                                                                     - 37 -
                                1  C.   Rules or amendments to the rules shall be
                                2    adopted at a regular or special meeting of the commission.
                                3  D.   Prior to promulgation and adoption of a final
                                4    rule or rules by the commission, and at least sixty days in
                                5    advance of the meeting at which the rule will be considered and
                                6    voted upon, the commission shall file a notice of proposed
                                7    rulemaking:
                                8  (1)   on the website of the commission; and
                                9  (2)   on the website of each compact state's
                                10   psychology regulatory authority or the publication in which
                                11   each state would otherwise publish proposed rules.
                                12  E.   The notice of proposed rulemaking shall include:
                                13  (1)   the proposed time, date and location of
                                14   the meeting in which the rule will be considered and voted
                                15   upon;
                                16  (2)   the text of the proposed rule or amendment
[bracketed material] = delete
                                17   and the reason for the proposed rule;
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                                18  (3)   a request for comments on the proposed
                                19   rule from any interested person; and
                                20  (4)   the manner in which interested persons may
                                21   submit notice to the commission of their intention to attend
                                22   the public hearing and any written comments.
                                23  F.   Prior to adoption of a proposed rule, the
                                24   commission shall allow persons to submit written data, facts,
                                25   opinions and arguments, which shall be made available to the
                                     .232921.1
                                                                    - 38 -
                                1    public.
                                2  G.   The commission shall grant an opportunity for a
                                3    public hearing before it adopts a rule or amendment if a
                                4    hearing is requested by:
                                5  (1)   at least twenty-five persons who submit
                                6    comments independently of each other;
                                7  (2)   a governmental subdivision or agency; or
                                8  (3)   a duly appointed person in an association
                                9    that has at least twenty-five members.
                                10  H.   If a hearing is held on the proposed rule or
                                11   amendment, the commission shall publish the place, time and
                                12   date of the scheduled public hearing; provided that:
                                13  (1)   all persons wishing to be heard at the
                                14   hearing shall notify the executive director of the commission
                                15   or other designated member in writing of their desire to appear
                                16   and testify at the hearing not less than five business days
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                                17   before the scheduled date of the hearing;
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                                18  (2)   hearings shall be conducted in a manner
                                19   providing each person who wishes to comment a fair and
                                20   reasonable opportunity to comment orally or in writing;
                                21  (3)   no transcript of the hearing is required,
                                22   unless a written request for a transcript is made, in which
                                23   case the person requesting the transcript shall bear the cost
                                24   of producing the transcript.    A recording may be made in lieu
                                25   of a transcript under the same terms and conditions as a
                                     .232921.1
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                                1    transcript.      This paragraph shall not preclude the commission
                                2    from making a transcript or recording of the hearing if it so
                                3    chooses; and
                                4  (4)   nothing in this article shall be construed
                                5    as requiring a separate hearing on each rule.      Rules may be
                                6    grouped for the convenience of the commission at hearings
                                7    required by this article.
                                8  I.    Following the scheduled hearing date, or by the
                                9    close of business on the scheduled hearing date if the hearing
                                10   was not held, the commission shall consider all written and
                                11   oral comments received.
                                12  J.    The commission shall, by majority vote of all
                                13   members, take final action on the proposed rule and shall
                                14   determine the effective date of the rule, if any, based on the
                                15   rulemaking record and the full text of the rule.
                                16  K.    If no written notice of intent to attend the
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                                17   public hearing by interested parties is received, the
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                                18   commission may proceed with promulgation of the proposed rule
                                19   without a public hearing.
                                20  L.    Upon determination that an emergency exists, the
                                21   commission may consider and adopt an emergency rule without
                                22   prior notice, opportunity for comment or hearing; provided that
                                23   the usual rulemaking procedures provided in the compact and in
                                24   this article shall be retroactively applied to the rule as soon
                                25   as reasonably possible, in no event later than ninety days
                                     .232921.1
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                                1    after the effective date of the rule.     For the purposes of this
                                2    provision, an emergency rule is one that must be adopted
                                3    immediately in order to:
                                4  (1)    meet an imminent threat to public health,
                                5    safety or welfare;
                                6  (2)    prevent a loss of commission or compact
                                7    state funds;
                                8  (3)    meet a deadline for the promulgation of an
                                9    administrative rule that is established by federal law or rule;
                                10   or
                                11  (4)    protect public health and safety.
                                12  M.   The commission or an authorized committee of the
                                13   commission may direct revisions to a previously adopted rule or
                                14   amendment for purposes of correcting typographical errors,
                                15   errors in format, errors in consistency or grammatical errors.
                                16   Public notice of any revisions shall be posted on the website
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                                17   of the commission.      The revision shall be subject to challenge
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                                18   by any person for a period of thirty days after posting.        The
                                19   revision may be challenged only on grounds that the revision
                                20   results in a material change to a rule.     A challenge shall be
                                21   made in writing and delivered to the chair of the commission
                                22   prior to the end of the notice period.     If no challenge is
                                23   made, the revision will take effect without further action.  If
                                24   the revision is challenged, the revision shall not take effect
                                25   without the approval of the commission.
                                     .232921.1
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                                1  ARTICLE 12
                                2  OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
                                3  A.   Oversight:
                                4  (1)   the executive, legislative and judicial
                                5    branches of state government in each compact state shall
                                6    enforce the Psychology Interjurisdictional Compact and take all
                                7    actions necessary and appropriate to effectuate the compact's
                                8    purposes and intent.     The provisions of the compact and the
                                9    rules promulgated hereunder shall have standing as statutory
                                10   law;
                                11  (2)   all courts shall take judicial notice of
                                12   the compact and the rules in any judicial or administrative
                                13   proceeding in a compact state pertaining to the subject matter
                                14   of the compact that may affect the powers, responsibilities or
                                15   actions of the commission; and
                                16  (3)   the commission shall be entitled to
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                                17   receive service of process in any such proceeding and shall
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                                18   have standing to intervene in such a proceeding for all
                                19   purposes.    Failure to provide service of process to the
                                20   commission shall render a judgment or order void as to the
                                21   commission, the compact or promulgated rules.
                                22  B.   Default, technical assistance and termination:
                                23  (1)   if the commission determines that a
                                24   compact state has defaulted in the performance of its
                                25   obligations or responsibilities under this compact or the
                                     .232921.1
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                                1    promulgated rules, the commission shall:
                                2  (a)   provide written notice to the
                                3    defaulting state and other compact states of the nature of the
                                4    default, the proposed means of remedying the default or any
                                5    other action to be taken by the commission; and
                                6  (b)   provide remedial training and
                                7    specific technical assistance regarding the default;
                                8  (2)   if a state in default fails to remedy the
                                9    default, the defaulting state may be terminated from the
                                10   compact upon an affirmative vote of a majority of the compact
                                11   states, and all rights, privileges and benefits conferred by
                                12   this compact shall be terminated on the effective date of
                                13   termination.   A remedy of the default does not relieve the
                                14   offending state of obligations or liabilities incurred during
                                15   the period of default;
                                16  (3)   termination of membership in the compact
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                                17   shall be imposed only after all other means of securing
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                                18   compliance have been exhausted, and notice of intent to suspend
                                19   or terminate shall be submitted by the commission to the
                                20   governor, the majority and minority leaders of the defaulting
                                21   state's legislature and each of the compact states;
                                22  (4)   a compact state that has been terminated
                                23   is responsible for all assessments, obligations and liabilities
                                24   incurred through the effective date of termination, including
                                25   obligations that extend beyond the effective date of
                                     .232921.1
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                                1    termination;
                                2  (5)   the commission shall not bear any costs
                                3    incurred by the state that is found to be in default or that
                                4    has been terminated from the compact, unless agreed upon in
                                5    writing between the commission and the defaulting state; and
                                6  (6)   the defaulting state may appeal the action
                                7    of the commission by petitioning the United States district
                                8    court for the state of Georgia or the federal district where
                                9    the compact has its principal offices.    The prevailing member
                                10   shall be awarded all costs of such litigation, including
                                11   reasonable attorney fees.
                                12  C.   Dispute resolution:
                                13  (1)   upon request by a compact state, the
                                14   commission shall attempt to resolve disputes related to the
                                15   compact that arise among compact states and between compact and
                                16   non-compact states; and
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                                17  (2)   the commission shall promulgate a rule
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                                18   providing for both mediation and binding dispute resolution for
                                19   disputes that arise before the commission.
                                20  D.   Enforcement:
                                21  (1)   the commission, in the reasonable exercise
                                22   of its discretion, shall enforce the provisions and rules of
                                23   this compact;
                                24  (2)   by majority vote, the commission may
                                25   initiate legal action in the United States district court for
                                     .232921.1
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                                1    the state of Georgia or the federal district where the compact
                                2    has its principal offices against a compact state in default to
                                3    enforce compliance with the provisions of the compact and its
                                4    promulgated rules and bylaws.    The relief sought may include
                                5    both injunctive relief and damages.       In the event judicial
                                6    enforcement is necessary, the prevailing member shall be
                                7    awarded all costs of such litigation, including reasonable
                                8    attorney fees; and
                                9  (3)   the remedies herein shall not be the
                                10   exclusive remedies of the commission.       The commission may
                                11   pursue any other remedies available under federal or state law.
                                12  ARTICLE 13
                                13    DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
                                14       COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL AND
                                15  AMENDMENTS
                                16  A.   The Psychology Interjurisdictional Compact shall
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                                17   come into effect on the date on which the compact is enacted
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                                18   into law in the seventh compact state.      The provisions that
                                19   become effective at that time shall be limited to the powers
                                20   granted to the commission relating to assembly and the
                                21   promulgation of rules.    Thereafter, the commission shall meet
                                22   and exercise rulemaking powers necessary to the implementation
                                23   and administration of the compact.
                                24  B.   Any state that joins the compact subsequent to
                                25   the commission's initial adoption of the rules shall be subject
                                     .232921.1
                                                                    - 45 -
                                1    to the rules as they exist on the date on which the compact
                                2    becomes law in that state.    Any rule that has been previously
                                3    adopted by the commission shall have the full force and effect
                                4    of law on the day the compact becomes law in that state.
                                5  C.   Any compact state may withdraw from the compact
                                6    by enacting a statute repealing the same; provided that:
                                7  (1)   a compact state's withdrawal shall not
                                8    take effect until six months after enactment of the repealing
                                9    statute; and
                                10  (2)   withdrawal shall not affect the continuing
                                11   requirement of the withdrawing state's psychology regulatory
                                12   authority to comply with the investigative and adverse action
                                13   reporting requirements of this act prior to the effective date
                                14   of withdrawal.
                                15  D.   Nothing contained in the compact shall be
                                16   construed to invalidate or prevent any psychology licensure
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                                17   agreement or other cooperative arrangement between a compact
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                                18   state and a non-compact state that does not conflict with the
                                19   provisions of the compact.
                                20  E.   The compact may be amended by the compact
                                21   states.   No amendment to the compact shall become effective and
                                22   binding upon any compact state until it is enacted into the law
                                23   of all compact states.
                                24  ARTICLE 14
                                25  CONSTRUCTION AND SEVERABILITY
                                     .232921.1
                                                                    - 46 -
                                1  The Psychology Interjurisdictional Compact shall be
                                2    liberally construed so as to effectuate the purposes of the
                                3    compact.    If the compact shall be held contrary to the
                                4    constitution of any state member to the compact, the compact
                                5    shall remain in full force and effect as to the remaining
                                6    compact states.".
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                                16
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                                     .232921.1