S 3218

SENATE . . . . . . . . . . . . . . No. 3218
     Senate, July 23, 2026 -- Text of amendment (11) (offered by Senator Creem) to the Ways and
     Means amendment (Senate, No. 3178) to the House Bill relative to economic development in the
     commonwealth.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
1by adding the following section:-
2"SECTION 109A. The General Laws are hereby amended by inserting after chapter
3 112A the following chapter:-
4CHAPTER 112B. Psychology Interjurisdictional Compact Act
5Section 1. This act shall be known and may be cited as the Psychology Interjurisdictional
6 Compact Act.
7Section 2. The governor of the commonwealth of Massachusetts, on behalf of this state,
8 is hereby authorized to execute a compact in substantially the following form with any 1 or more
9 of the states of the United States and the General Court hereby signifies in advance its approval
10 and ratification of the compact.
11Section 3. (a) Whereas, states license psychologists, in order to protect the public through
12 verification of education, training and experience and ensure accountability for professional
13 practice; and
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14Whereas, this compact is intended to regulate the day-to-day practice of telepsychology
15 by psychologists across state boundaries in the performance of their psychological practice as
16 assigned by an appropriate authority; and
17Whereas, this compact is intended to regulate the temporary in-person, face-to-face
18 practice of psychology by psychologists across state boundaries for 30 days within a calendar
19 year in the performance of their psychological practice as assigned by an appropriate authority;
20 and
21Whereas, this compact is intended to authorize state psychology regulatory authorities to
22 afford legal recognition, in a manner consistent with the terms of the compact, to psychologists
23 licensed in another state; and
24Whereas, this compact recognizes that states have a vested interest in protecting the
25 public's health and safety through their licensing and regulation of psychologists and that such
26 state regulation will best protect public health and safety; and
27Whereas, this compact does not apply when a psychologist is licensed in both the home
28 state and receiving states; and
29Whereas, this compact does not apply to permanent in-person, face-to-face practice, it
30 does allow for authorization of temporary psychological practice.
31(b) Consistent with these principles, this compact is designed to achieve the following
32 purposes and objectives: (i) increase public access to professional psychological services by
33 allowing for telepsychological practice across state lines as well as temporary in-person, face-to-
34 face services into a state which the psychologist is not licensed to practice psychology; (ii)
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35 enhance the states' ability to protect the public's health and safety, especially client, patient
36 safety; (iii) encourage the cooperation of compact states in the areas of psychology licensure and
37 regulation; (iv) facilitate the exchange of information between compact states regarding
38 psychologist licensure, adverse actions and disciplinary history; (v) promote compliance with the
39 laws governing psychological practice in each compact state; and (vi) invest all compact states
40 with the authority to hold licensed psychologists accountable through the mutual recognition of
41 compact state licenses.
42Section 4. As used in this chapter, the following words shall have the following meanings
43 unless the context clearly requires otherwise:-
44“Adverse action”, any action taken by a state psychology regulatory authority which
45 finds a violation of a statute or regulation that is identified by the state psychology regulatory
46 authority as discipline and is a matter of public record.
47“Association of state and provincial psychology boards”, the recognized membership
48 organization composed of state and provincial psychology regulatory authorities responsible for
49 the licensure and registration of psychologists throughout the United States and Canada.
50“Authority to practice interjurisdictional telepsychology”, a licensed psychologist’s
51 authority to practice telepsychology, within the limits authorized under this compact, in another
52 compact state.
53“Bylaws”, bylaws established by the psychology interjurisdictional compact commission
54 pursuant to section 12 for its governance or for directing and controlling its actions and conduct.
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55“Client or patient”, the recipient of psychological services, whether psychological
56 services are delivered in the context of healthcare, corporate, supervision or consulting services.
57“Commissioner”, the voting representative appointed by each state psychology regulatory
58 authority pursuant to section 12.
59“Compact state”, a state that has enacted this compact legislation and which has not
60 withdrawn pursuant to subsection (c) of section 15 or been terminated pursuant to subsection (b)
61 of section 14.
62“Coordinated licensure information system” or “coordinated database”, an integrated
63 process for collecting, storing and sharing information on psychologists' licensure and
64 enforcement activities related to psychology licensure laws, which is administered by the
65 recognized membership organization composed of state and provincial psychology regulatory
66 authorities.
67“Confidentiality”, the principle that data or information is not made available or disclosed
68 to unauthorized persons or processes.
69“Day”, any part of a day in which psychological work is performed.
70“Distant state”, the compact state where a psychologist is physically present (not through
71 the use of telecommunications technologies), to provide temporary in-person, face-to-face
72 psychological services.
73“E.Passport”, a certificate issued by the Association of State and Provincial Psychology
74 Boards that promotes the standardization in the criteria of interjurisdictional telepsychology
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75 practice and facilitates the process for licensed psychologists to provide telepsychological
76 services across state lines.
77“Executive board”, a group of directors elected or appointed to act on behalf of, and
78 within the powers granted to them by, the commission.
79“Home state”, a compact state where a psychologist is licensed to practice psychology. If
80 the psychologist is licensed in more than 1 compact state and is practicing under the
81 Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state
82 where the psychologist is physically present when the telepsychological services are delivered. If
83 the psychologist is licensed in more than 1 compact state and is practicing under the temporary
84 authorization to practice, the home state is any compact state where the psychologist is licensed.
85“Identity history summary”, a summary of information retained by the Federal Bureau of
86 Investigation, or other designee with similar authority, in connection with arrests and, in some
87 instances, federal employment, naturalization or military service.
88“In-person, face-to-face”, interactions in which the psychologist and the client are in the
89 same physical space and which does not include interactions that may occur through the use of
90 telecommunication technologies.
91“Interjurisdictional practice certificate” or “IPC”, a certificate issued by the Association
92 of State and Provincial Psychology Boards that grants temporary authority to practice based on
93 notification to the State Psychology Regulatory Authority of intention to practice temporarily,
94 and verification of one's qualifications for such practice.
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95“License”, authorization by a state psychology regulatory authority to engage in the
96 independent practice of psychology, which would be unlawful without the authorization.
97“Non-compact state”, any state which is not at the time a compact state.
98“Psychologist”, an individual licensed for the independent practice of psychology.
99“Psychology interjurisdictional compact” or “PSYPACT”, an agreement among member
100 states, established and governed by the PSYPACT commission, to facilitate the practice of
101 telepsychology and the temporary in-person, face-to-face practice of psychology across state
102 boundaries.
103“Psychology interjurisdictional compact commission” or “commission”, the national
104 administration of which all compact states are members.
105“Receiving state”, a compact state where the client is physically located when the
106 telepsychological services are delivered.
107“Rule”, a written statement by the Psychology Interjurisdictional Compact Commission
108 promulgated pursuant to section 13 of the compact that is of general applicability, implements,
109 interprets, or prescribes a policy or provision of the compact, or an organizational, procedural or
110 practice requirement of the commission and has the force and effect of statutory law in a
111 compact state, and includes the amendment, repeal or suspension of an existing rule.
112“Significant investigatory information”, investigative information that a state psychology
113 regulatory authority, after a preliminary inquiry that includes notification and an opportunity to
114 respond if required by state law, has reason to believe, if proven true, would indicate more than a
115 violation of state statute or ethics code that would be considered more substantial than minor
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116 infraction; or investigative information that indicates that the psychologist represents an
117 immediate threat to public health and safety regardless of whether the psychologist has been
118 notified or had an opportunity to respond.
119“State”, a state, commonwealth, territory, or possession of the United States and the
120 District of Columbia.
121“State psychology regulatory authority”, the board, office or other agency with the
122 legislative mandate to license and regulate the practice of psychology.
123“Telepsychology”, the provision of psychological services using telecommunication
124 technologies.
125“Temporary authorization to practice”, a licensed psychologist's authority to conduct
126 temporary in- person, face-to-face practice, within the limits authorized under this compact, in
127 another compact state.
128“Temporary in-person, face-to-face practice”, where a psychologist is physically present
129 (not through the use of telecommunications technologies), in the distant state to provide for the
130 practice of psychology for 30 days within a calendar year and based on notification to the distant
131 state.
132Section 5. (a) The home state shall be a compact state where a psychologist is licensed to
133 practice psychology.
134(b) A psychologist may hold 1 or more compact state licenses at a time. If the
135 psychologist is licensed in more than 1 compact state, the home state is the compact state where
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136 the psychologist is physically present when the services are delivered as authorized by the
137 authority to practice interjurisdictional telepsychology under the terms of this compact.
138(c) Any compact state may require a psychologist not previously licensed in a compact
139 state to obtain and retain a license to be authorized to practice in the compact state under
140 circumstances not authorized by the authority to practice interjurisdictional telepsychology under
141 the terms of this compact.
142(d) Any compact state may require a psychologist to obtain and retain a license to be
143 authorized to practice in a compact state under circumstances not authorized under a temporary
144 authorization to practice under the terms of this compact.
145(e) A home state's license authorizes a psychologist to practice in a receiving state under
146 the authority to practice interjurisdictional telepsychology only if the compact state: (i) currently
147 requires the psychologist to hold an active E.Passport; (ii) has a mechanism in place for receiving
148 and investigating complaints about licensed individuals; (iii) notifies the commission, in
149 compliance with the terms herein, of any adverse action or significant investigatory information
150 regarding a licensed individual; (iv) requires an identity history summary of all applicants at
151 initial licensure, including the use of the results of fingerprints or other biometric data checks
152 compliant with the requirements of the Federal Bureau of Investigation, or other designee with
153 similar authority, no later than 10 years after activation of the compact; and (v) complies with the
154 bylaws and rules of the commission.
155(f) A home state’s license grants temporary authorization to practice to a psychologist in
156 a distant state only if the compact state: (i) currently requires the psychologist to hold an active
157 IPC; (ii) has a mechanism in place for receiving and investigating complaints about licensed
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158 individuals; (iii) notifies the commission, in compliance with the terms herein, of any adverse
159 action or significant investigatory information regarding a licensed individual; (iv) requires an
160 identity history summary of all applicants at initial licensure, including the use of the results of
161 fingerprints or other biometric data checks compliant with the requirements of the Federal
162 Bureau of Investigation, or other designee with similar authority, no later than 10 years after
163 activation of the compact; and (v) complies with the bylaws and rules of the commission.
164Section 6. (a) Compact states shall recognize the right of a psychologist, licensed in a
165 compact state pursuant to section 5, to practice telepsychology in other compact states in which
166 the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology
167 as provided in the compact.
168(b) To exercise the authority to practice interjurisdictional telepsychology under the terms
169 and provisions of this compact, a psychologist licensed to practice in a compact state must:
170(i) hold a graduate degree in psychology from an institute of higher education that was, at
171 the time the degree was awarded: (A) regionally accredited by an accrediting body recognized by
172 the United States Department of Education to grant graduate degrees, or authorized by Provincial
173 Statute or Royal Charter to grant doctoral degrees; or (B) a foreign college or university deemed
174 to be equivalent to (i)(A) above by a foreign credential evaluation service that is a member of the
175 National Association of Credential Evaluation Services or by a recognized foreign credential
176 evaluation service; and
177(ii) hold a graduate degree in psychology that meets the following criteria: (1) the
178 program, wherever it may be administratively housed, must be clearly identified and labeled as a
179 psychology program. Such a program must specify in pertinent institutional catalogues and
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180 brochures its intent to educate and train professional psychologists; (2) the psychology program
181 must stand as a recognizable, coherent, organizational entity within the institution; (3) there must
182 be a clear authority and primary responsibility for the core and specialty areas whether or not the
183 program cuts across administrative lines; (4) the program must consist of an integrated,
184 organized sequence of study; (5) there must be an identifiable psychology faculty sufficient in
185 size and breadth to carry out its responsibilities; (6) the designated director of the program must
186 be a psychologist and a member of the core faculty; (7) the program must have an identifiable
187 body of students who are matriculated in that program for a degree; (8) the program must include
188 supervised practicum, internship or field training appropriate to the practice of psychology; (9)
189 the curriculum shall encompass a minimum of 3 academic years of full-time graduate study for
190 doctoral degree and a minimum of 1 academic year of full-time graduate study for master's
191 degree; and (10) the program includes an acceptable residency as defined by the Rules of the
192 Commission;
193(iii) possess a current, full and unrestricted license to practice psychology in a home state
194 which is a compact state;
195(iv) have no history of adverse action that violate the rules of the commission;
196(v) have no criminal record history reported on an identity history summary that violates
197 the rules of the commission;
198(vi) possess a current, active E.Passport;
199(vii) provide attestations in regard to areas of intended practice, conformity with: (1)
200 standards of practice, competence in telepsychology technology; (2) criminal background
201 requirements; and (3) knowledge and adherence to legal requirements in the home and receiving
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202 states, and provide a release of information to allow for primary source verification in a manner
203 specified by the commission; and
204(viii) meet other criteria as defined by the rules of the commission.
205(c) The home state maintains authority over the license of any psychologist practicing
206 into a receiving state under the authority to practice interjurisdictional telepsychology.
207(d) A psychologist practicing into a receiving state under the authority to practice
208 interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A
209 receiving state may, in accordance with that state's due process law, limit or revoke a
210 psychologist's authority to practice interjurisdictional telepsychology in the receiving state and
211 may take any other necessary actions under the receiving state’s applicable law to protect the
212 health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall
213 promptly notify the home state and the commission.
214(e) If a psychologist's license in any home state, another compact state, or any authority
215 to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or
216 otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be
217 eligible to practice telepsychology in a compact state under authority to practice
218 interjurisdictional telepsychology.
219Section 7. (a) Compact states shall also recognize the right of a psychologist, licensed in
220 a compact state pursuant to section 5, to practice temporarily in other compact states in which the
221 psychologist is not licensed, as provided in the compact.
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222(b) To exercise the temporary authorization to practice under the terms and provisions of
223 this compact, a psychologist licensed to practice in a compact state must:
224(i) hold a graduate degree in psychology from an institute of higher education that was, at
225 the time the degree was awarded: (1) regionally accredited by an accrediting body recognized by
226 the United States Department of Education to grant graduate degrees or authorized by Provincial
227 Statute or Royal Charter to grant doctoral degrees; or (2) a foreign college or university deemed
228 to be equivalent to (i)(1) above by a foreign credential evaluation service that is a member of the
229 National Association of Credential Evaluation Services or by a recognized foreign credential
230 evaluation service; and
231(ii) hold a graduate degree in psychology that meets the following criteria: (1) the
232 program, wherever it may be administratively housed, must be clearly identified and labeled as a
233 psychology program. Such a program must specify in pertinent institutional catalogs and
234 brochures its intent to educate and train professional psychologists; (2) the psychology program
235 must stand as a recognizable, coherent, organizational entity within the institution; (3) there must
236 be a clear authority and primary responsibility for the core and specialty areas whether or not the
237 program cuts across administrative lines; (4) the program must consist of an integrated,
238 organized sequence of study; (5) there must be an identifiable psychology faculty sufficient in
239 size and breadth to carry out its responsibilities; (6) the designated director of the program must
240 be a psychologist and a member of the core faculty; (7) the program must have an identifiable
241 body of students who are matriculated in that program for a degree; (8) the program must include
242 supervised practicum, internship or field training appropriate to the practice of psychology; (9)
243 the curriculum shall encompass a minimum of 3 academic years of full-time graduate study for
244 doctoral degrees and a minimum of 1 academic year of full-time graduate study for master's
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245 degree; and (10) the program includes an acceptable residency as defined by the rules of the
246 commission;
247(iii) possess a current, full and unrestricted license to practice psychology in a home state
248 which is a compact state;
249(iv) have no history of adverse action that violate the rules of the commission;
250(v) have no criminal record history that violates the rules of the commission;
251(vi) possess a current, active IPC;
252(vii) provide attestations in regard to areas of intended practice and work experience and
253 provide a release of information to allow for primary source verification in a manner specified by
254 the commission; and
255(viii) meet other criteria as defined by the rules of the commission.
256(c) A psychologist practicing into a distant state under the temporary authorization to
257 practice shall practice within the scope of practice authorized by the distant state.
258(d) A psychologist practicing into a distant state under the temporary authorization to
259 practice will be subject to the distant state’s authority and law. A distant state may, in accordance
260 with that state's due process law, limit or revoke a psychologist’s temporary authorization to
261 practice in the distant state and may take any other necessary actions under the distant state’s
262 applicable law to protect the health and safety of the distant state’s citizens. If a distant state
263 takes action, the distant state shall promptly notify the home state and the commission.
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264(e) If a psychologist's license in any home state, another compact state or any temporary
265 authorization to practice in any distant state, is restricted, suspended or otherwise limited, the
266 IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact
267 state under the temporary authorization to practice.
268Section 8. A psychologist may practice in a receiving state under authority to practice
269 interjurisdictional telepsychology only in the performance of the scope of practice for
270 psychology as assigned by an appropriate state psychology regulatory authority, as defined in the
271 rules of the commission, and under the following circumstances: (a) the psychologist initiates a
272 client contact in a home state by way of telecommunications technologies with a client in a
273 receiving state; and (b) other conditions regarding telepsychology as determined by rules
274 promulgated by the commission.
275Section 9. (a) A home state shall have the power to impose adverse action against a
276 psychologist's license issued by the home state. A distant state shall have the power to take
277 adverse action on a psychologist’s temporary authorization to practice within that distant state.
278(b) A receiving state may take adverse action on a psychologist's authority to practice
279 interjurisdictional telepsychology within that receiving state. A home state may take adverse
280 action against a psychologist based on an adverse action taken by a distant state regarding
281 temporary in-person, face-to-face practice.
282(c) If a home state takes adverse action against a psychologist’s license, that
283 psychologist’s authority to practice interjurisdictional telepsychology is terminated and the
284 E.Passport is revoked and such psychologist's temporary authorization to practice is terminated
285 and the IPC is revoked. All home state disciplinary orders which impose adverse action shall be
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286 reported to the commission in accordance with the rules promulgated by the commission. A
287 compact state shall report adverse actions in accordance with the rules of the commission. In the
288 event discipline is reported on a psychologist, the psychologist will not be eligible for
289 telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the
290 commission. Other actions may be imposed as determined by the rules promulgated by the
291 commission.
292(d) A home state’s psychology regulatory authority shall investigate and take appropriate
293 action, with respect to reported inappropriate conduct engaged in, by a licensee which occurred
294 in a receiving state as it would if such conduct had occurred by a licensee within the home state;
295 provided, however, that the home state’s law shall control in determining any adverse action
296 against such psychologist’s license.
297(e) A distant state’s psychology regulatory authority shall investigate and take
298 appropriate action with respect to reported inappropriate conduct engaged in by a psychologist
299 practicing under temporary authorization to practice which occurred in that distant state as it
300 would if such conduct had occurred by a licensee within the home state; provided, however, that
301 such distant state’s law shall control in determining any adverse action against a psychologist’s
302 temporary authorization to practice.
303(f) Nothing in this compact shall override a compact state’s decision that a psychologist’s
304 participation in an alternative program may be used in lieu of adverse action and that such
305 participation shall remain non-public if required by the compact state’s law. Compact states must
306 require psychologists who enter any alternative programs to not provide telepsychology services
307 under the authority to practice interjurisdictional telepsychology or provide temporary
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308 psychological services under the temporary authorization to practice in any other compact state
309 during the term of the alternative program.
310(g) No other judicial or administrative remedies shall be available to a psychologist in the
311 event a compact state imposes an adverse action pursuant to subsection (c).
312Section 10. (a) In addition to any other powers granted under state law, a compact state’s
313 psychology regulatory authority shall have the authority under this compact to: (i) issue
314 subpoenas, for both hearings and investigations, which require the attendance and testimony of
315 witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology
316 regulatory authority for the attendance and testimony of witnesses, or the production of evidence
317 from another compact state shall be enforced in the latter state by any court of competent
318 jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in
319 its own proceedings. The issuing state psychology regulatory authority shall pay any witness
320 fees, travel expenses, mileage and other fees required by the service statutes of the state where
321 the witnesses or evidence are located; and (ii) issue cease and desist or injunctive relief orders to
322 revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary
323 authorization to practice;
324(b) During the course of any investigation, a psychologist may not change his or her
325 home state licensure. A home state psychology regulatory authority is authorized to complete
326 any pending investigations of a psychologist and to take any actions appropriate under its law.
327 The home state psychology regulatory authority shall promptly report the conclusions of such
328 investigations to the commission. Once an investigation has been completed, and pending the
329 outcome of said investigation, the psychologist may change his or her home state licensure. The
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330 commission shall promptly notify the new home state of any such decisions as provided in the
331 rules of the commission. All information provided to the commission or distributed by compact
332 states pursuant to the psychologist shall be confidential, filed under seal and used for
333 investigatory or disciplinary matters. The commission may create additional rules for mandated
334 or discretionary sharing of information by compact states.
335Section 11. (a) The commission shall provide for the development and maintenance of a
336 coordinated licensure information system and reporting system containing licensure and
337 disciplinary action information on all psychologists to whom this compact is applicable in all
338 compact states as defined by the rules of the commission.
339(b) Notwithstanding any other provision of state law to the contrary, a compact state shall
340 submit a uniform data set to the coordinated database on all licensees as required by the rules of
341 the commission, including: (i) identifying information; (ii) licensure data; (iii) significant
342 investigatory information; (iv) adverse actions against a psychologist’s license; (v) an indicator
343 that a psychologist's authority to practice interjurisdictional telepsychology or temporary
344 authorization to practice is revoked; (vi) non-confidential information related to alternative
345 program participation information; (vii) any denial of application for licensure and the reasons
346 for such denial; and (viii) other information which may facilitate the administration of this
347 compact, as determined by the rules of the commission.
348(c) The coordinated database administrator shall promptly notify all compact states of any
349 adverse action taken against, or significant investigative information on, any licensee in a
350 compact state.
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351(d) Compact states reporting information to the coordinated database may designate
352 information that may not be shared with the public without the express permission of the
353 compact state reporting the information.
354(e) Any information submitted to the coordinated database that is subsequently required
355 to be expunged by the law of the compact state reporting the information shall be removed from
356 the coordinated database.
357Section 12. (a) The compact states hereby create and establish a joint public agency
358 known as the Psychology Interjurisdictional Compact Commission. The commission is a body
359 politic and an instrumentality of the compact states. Venue is proper and judicial proceedings by
360 or against the commission shall be brought solely and exclusively in a court of competent
361 jurisdiction where the principal office of the commission is located. The commission may waive
362 venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative
363 dispute resolution proceedings. Nothing in this compact shall be construed to be a waiver of
364 sovereign immunity.
365(b) The commission shall consist of 1 voting representative appointed by each compact
366 state who shall serve as that state’s commissioner. The state psychology regulatory authority
367 shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state.
368 This delegate shall be limited to: (i) executive director, executive secretary or similar executive;
369 (ii) current member of the state psychology regulatory authority of a compact state; or (iii)
370 designee empowered with the appropriate delegate authority to act on behalf of the compact
371 state.
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372(c) Any commissioner may be removed or suspended from office as provided by the law
373 of the state from which the commissioner is appointed. Any vacancy occurring in the
374 commission shall be filled in accordance with the laws of the compact state in which the vacancy
375 exists. Each commissioner shall be entitled to 1 vote with regard to the promulgation of rules and
376 creation of bylaws and shall otherwise have an opportunity to participate in the business and
377 affairs of the commission. A commissioner shall vote in person or by such other means as
378 provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by
379 telephone or other means of communication.
380(d) The commission shall meet not less than 1 time during each calendar year. Additional
381 meetings shall be held as set forth in the bylaws. All meetings shall be open to the public and
382 public notice of meetings shall be given in the same manner as required under the rulemaking
383 provisions pursuant section 13.
384(e) The commission may convene in a closed, non-public meeting if the commission must
385 discuss: (i) non-compliance of a compact state with its obligations under the compact; (ii) the
386 employment, compensation, discipline or other personnel matters, practices or procedures related
387 to specific employees or other matters related to the commission's internal personnel practices
388 and procedures; (iii) current, threatened or reasonably anticipated litigation against the
389 commission; (iv) negotiation of contracts for the purchase or sale of goods, services or real
390 estate; (v) accusation against any person of a crime or formally censuring any person; (vi)
391 disclosure of trade secrets or commercial or financial information which is privileged or
392 confidential; (vii) disclosure of information of a personal nature where disclosure would
393 constitute a clearly unwarranted invasion of personal privacy; (viii) disclosure of investigatory
394 records compiled for law enforcement purposes; (ix) disclosure of information related to any
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395 investigatory reports prepared by or on behalf of or for use of the commission or other committee
396 charged with responsibility for investigation or determination of compliance issues pursuant to
397 the compact; or (x) matters specifically exempted from disclosure by federal and state statute.
398(e) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
399 commission’s legal counsel or designee shall certify that the meeting may be closed and shall
400 reference each relevant exempting provision. The commission shall keep minutes which fully
401 and clearly describe all matters discussed in a meeting and shall provide a full and accurate
402 summary of actions taken, of any person participating in the meeting, and the reasons therefore,
403 including a description of the views expressed. All documents considered in connection with an
404 action shall be identified in such minutes. All minutes and documents of a closed meeting shall
405 remain under seal, subject to release only by a majority vote of the commission or order of a
406 court of competent jurisdiction.
407(f) The commission shall, by a majority vote of the commissioners, prescribe bylaws and
408 rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
409 exercise the powers of the compact, including, but not limited to: (1) establishing the fiscal year
410 of the commission; (2) providing reasonable standards and procedures: (A) for the establishment
411 and meetings of other committees; and (B) governing any general or specific delegation of any
412 authority or function of the commission; (3) providing reasonable procedures for calling and
413 conducting meetings of the commission, ensuring reasonable advance notice of all meetings and
414 providing an opportunity for attendance of such meetings by interested parties, with enumerated
415 exceptions designed to protect the public's interest, the privacy of individuals of such
416 proceedings, and proprietary information, including trade secrets. The commission may meet in
417 closed session only after a majority of the commissioners vote to close a meeting to the public in
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418 whole or in part. As soon as practicable, the commission must make public a copy of the vote to
419 close the meeting revealing the vote of each commissioner with no proxy votes allowed; (4)
420 establishing the titles, duties and authority and reasonable procedures for the election of the
421 officers of the commission; (5) providing reasonable standards and procedures for the
422 establishment of the personnel policies and programs of the commission. Notwithstanding any
423 civil service or other similar law of any compact state, the bylaws shall exclusively govern the
424 personnel policies and programs of the commission; (6) promulgating a code of ethics to address
425 permissible and prohibited activities of commission members and employees; (7) providing a
426 mechanism for concluding the operations of the Commission and the equitable disposition of any
427 surplus funds that may exist after the termination of the compact after the payment or reserving
428 of all of its debts and obligations; (8) publishing its bylaws in a convenient form and file a copy
429 thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of
430 the compact states; (9) maintaining its financial records in accordance with the bylaws; and (10)
431 meeting and taking such actions as are consistent with the provisions of this compact and the
432 bylaws.
433(g) The commission shall have the following powers and authority: (1) to promulgate
434 uniform rules to facilitate and coordinate implementation and administration of this compact.
435 Such rules shall have the force and effect of law and shall be binding in all compact states; (2) to
436 bring and prosecute legal proceedings or actions in the name of the commission; provided,
437 however, that the standing of any state psychology regulatory authority or other regulatory body
438 responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
439 (3) to purchase and maintain insurance and bonds; (4) to borrow, accept or contract for services
440 of personnel, including, but not limited to, employees of a compact state; (5) to hire employees,
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441 elect or appoint officers, fix compensation, define duties, grant such individuals appropriate
442 authority to carry out the purposes of the compact and to establish the commission's personnel
443 policies and programs relating to conflicts of interest, qualifications of personnel and other
444 related personnel matters; (6) to accept any and all appropriate donations and grants of money,
445 equipment, supplies, materials and services, and to receive, utilize and dispose of the same;
446 provided, however, that at all times the commission shall strive to avoid any appearance of
447 impropriety or conflict of interest; (7) to lease, purchase, accept appropriate gifts or donations of,
448 or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided,
449 however, that at all times the commission shall strive to avoid any appearance of impropriety; (8)
450 to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property
451 real, personal or mixed; (9) to establish a budget and make expenditures; (10) to borrow money;
452 (11) to appoint committees, including advisory committees comprised of members, state
453 regulators, state legislators or their representatives and consumer representatives, and such other
454 interested persons as may be designated in this compact and the bylaws; (12) to provide and
455 receive information from, and to cooperate with, law enforcement agencies; (13) to adopt and
456 use an official seal; and (14) to perform such other functions as may be necessary or appropriate
457 to achieve the purposes of this compact consistent with the state regulation of psychology
458 licensure, temporary in-person, face-to-face practice and telepsychology practice.
459(h) The elected officers shall serve as the executive board, which shall have the power to
460 act on behalf of the commission according to the terms of this compact. The executive board
461 shall be comprised of: 5 voting members who are elected from the current membership of the
462 commission by the commission; and 1 ex-officio, non-voting member from the recognized
463 membership organization composed of state and provincial psychology regulatory authorities.
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464 The ex-officio member must have served as staff or member on a state psychology regulatory
465 authority and will be selected by its respective organization. The commission may remove any
466 member of the executive board in accordance with the bylaws. The executive board shall meet
467 not less than annually.
468(i) The executive board shall have the following duties and responsibilities: (i)
469 recommend to the entire commission changes to the rules or bylaws, changes to this compact
470 legislation, fees paid by compact states such as annual dues, and any other applicable fees; (ii)
471 ensure compact administration services are appropriately provided, contractual or otherwise; (iii)
472 prepare and recommend the budget; (iv) maintain financial records on behalf of the commission;
473 (v) monitor compact compliance of member states and provide compliance reports to the
474 commission; (vi) establish additional committees as necessary; and (vii) other duties as provided
475 in rules or bylaws.
476(j) The commission shall pay, or provide for the payment of, the reasonable expenses of
477 its establishment, organization and ongoing activities. The commission may accept any and all
478 appropriate revenue sources, donations and grants of money, equipment, supplies, materials and
479 services. The commission may levy on and collect an annual assessment from each compact state
480 or impose fees on other parties to cover the cost of the operations and activities of the
481 commission and its staff which must be in a total amount sufficient to cover its annual budget as
482 approved each year for which revenue is not provided by other sources. The aggregate annual
483 assessment amount shall be allocated based upon a formula to be determined by the commission
484 which shall promulgate a rule binding upon all compact states. The commission shall not incur
485 obligations of any kind prior to securing the funds adequate to meet the same nor shall the
486 commission pledge the credit of any of the compact states, except by and with the authority of
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487 the compact state. The commission shall keep accurate accounts of all receipts and
488 disbursements. The receipts and disbursements of the commission shall be subject to the audit
489 and accounting procedures established under its bylaws. All receipts and disbursements of funds
490 handled by the commission shall be audited annually by a certified or licensed public accountant
491 and the report of the audit shall be included in and become part of the annual report of the
492 commission.
493(k) (1) The members, officers, executive director, employees and representatives of the
494 commission shall be immune from suit and liability, either personally or in their official capacity,
495 for any claim for damage to or loss of property or personal injury or other civil liability caused
496 by or arising out of any actual or alleged act, error or omission that occurred, or that the person
497 against whom the claim is made had a reasonable basis for believing occurred within the scope
498 of commission employment, duties or responsibilities; provided, however, that nothing in this
499 paragraph shall be construed to protect any such person from suit or liability for any damage,
500 loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
501(2) The commission shall defend any member, officer, executive director, employee or
502 representative of the commission in any civil action seeking to impose liability arising out of any
503 actual or alleged act, error or omission that occurred within the scope of commission
504 employment, duties or responsibilities, or that the person against whom the claim is made had a
505 reasonable basis for believing occurred within the scope of commission employment, duties or
506 responsibilities; provided, however, that nothing herein shall be construed to prohibit that person
507 from retaining his or her own counsel; and provided further, that the actual or alleged act, error
508 or omission did not result from that person's intentional or willful or wanton misconduct.
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509(3) The commission shall indemnify and hold harmless any member, officer, executive
510 director, employee or representative of the commission for the amount of any settlement or
511 judgment obtained against that person arising out of any actual or alleged act, error or omission
512 that occurred within the scope of commission employment, duties or responsibilities, or that such
513 person had a reasonable basis for believing occurred within the scope of commission
514 employment, duties or responsibilities, provided that the actual or alleged act, error or omission
515 did not result from the intentional or willful or wanton misconduct of that person.
516Section 13. (a) The commission shall exercise its rulemaking powers pursuant to the
517 criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall
518 become binding as of the date specified in each rule or amendment.
519(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a
520 statute or resolution in the same manner used to adopt the compact, then such rule shall have no
521 further force and effect in any compact state.
522(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of
523 the commission.
524(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at
525 least 60 days in advance of the meeting at which the rule will be considered and voted upon, the
526 commission shall file a notice of proposed rulemaking on the website of: (i) the commission; and
527 (ii) each compact states’ psychology regulatory authority or the publication in which each state
528 would otherwise publish proposed rules.
529(e) The notice of proposed rulemaking shall include: (1) the proposed time, date and
530 location of the meeting in which the rule will be considered and voted upon; (2) the text of the
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531 proposed rule or amendment and the reason for the proposed rule; (3) a request for comments on
532 the proposed rule from any interested person; and (4) the manner in which interested persons
533 may submit notice to the commission of their intention to attend the public hearing and any
534 written comments.
535(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit
536 written data, facts, opinions and arguments, which shall be made available to the public.
537(g) The commission shall grant an opportunity for a public hearing before it adopts a rule
538 or amendment if a hearing is requested by: (i) not less than 25 persons who submit comments
539 independently of each other; (ii) a governmental subdivision or agency; or (iii) a duly appointed
540 person in an association that has having not less than 25 members.
541(h) If a hearing is held on the proposed rule or amendment, the commission shall publish
542 the place, time and date of the scheduled public hearing. All persons wishing to be heard at the
543 hearing shall notify the executive director of the commission or other designated member in
544 writing of their desire to appear and testify at the hearing not less than 5 business days before the
545 scheduled date of the hearing. Hearings shall be conducted in a manner providing each person
546 who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
547(i) No transcript of the hearing is required, unless a written request for a transcript is
548 made, in which case the person requesting the transcript shall bear the cost of producing the
549 transcript. A recording may be made in lieu of a transcript under the same terms and conditions
550 as a transcript. This subsection shall not preclude the commission from making a transcript or
551 recording of the hearing if it so chooses.
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552(j) Nothing in this section shall be construed as requiring a separate hearing on each rule.
553 Rules may be grouped for the convenience of the commission at hearings required by this
554 section.
555(k) Following the scheduled hearing date, or by the close of business on the scheduled
556 hearing date if the hearing was not held, the commission shall consider all written and oral
557 comments received.
558(l) The commission shall, by majority vote of all members, take final action on the
559 proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
560 record and the full text of the rule.
561(m) If no written notice of intent to attend the public hearing by interested parties is
562 received, the commission may proceed with promulgation of the proposed rule without a public
563 hearing.
564(n) Upon determination that an emergency exists, the commission may consider and
565 adopt an emergency rule without prior notice, opportunity for comment, or hearing; provided,
566 however, that the usual rulemaking procedures provided in the compact and in this section shall
567 be retroactively applied to the rule as soon as reasonably possible, but in no event later than 90
568 days after the effective date of the rule. For the purposes of this provision, an emergency rule is
569 one that must be adopted immediately in order to: (1) meet an imminent threat to public health,
570 safety or welfare; (2) prevent a loss of commission or compact state funds; (3) meet a deadline
571 for the promulgation of an administrative rule that is established by federal law or rule; or (4)
572 protect public health and safety.
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573(o) The commission or an authorized committee of the commission may direct revisions
574 to a previously adopted rule or amendment for purposes of correcting typographical errors, errors
575 in format, errors in consistency or grammatical errors. Public notice of any revisions shall be
576 posted on the website of the commission. The revision shall be subject to challenge by any
577 person for a period of 30 days after posting. The revision may be challenged only on grounds
578 that the revision results in a material change to a rule. A challenge shall be made in writing and
579 delivered to the chair of the commission prior to the end of the notice period. If no challenge is
580 made, the revision shall take effect without further action. If the revision is challenged, the
581 revision may not take effect without the approval of the commission.
582Section 14. (a) The executive, legislative and judicial branches of state government in
583 each compact state shall enforce this compact and take all actions necessary and appropriate to
584 effectuate the compact’s purposes and intent. The provisions of this compact and the rules
585 promulgated hereunder shall have standing as statutory law. All courts shall take judicial notice
586 of the compact and the rules in any judicial or administrative proceeding in a compact state
587 pertaining to the subject matter of this compact which may affect the powers, responsibilities or
588 actions of the commission. The commission shall be entitled to receive service of process in any
589 such proceeding and shall have standing to intervene in such a proceeding for all purposes.
590 Failure to provide service of process to the commission shall render a judgment or order void as
591 to the commission, this compact or promulgated rules.
592(b) If the commission determines that a compact state has defaulted in the performance of
593 its obligations or responsibilities under this compact or the promulgated rules, the commission
594 shall: (i) provide written notice to the defaulting state and other compact states of the nature of
595 the default, the proposed means of remedying the default or any other action to be taken by the
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596 commission; and (ii) provide remedial training and specific technical assistance regarding the
597 default. If a state in default fails to remedy the default, the defaulting state may be terminated
598 from the compact upon an affirmative vote of a majority of the compact states, and all rights,
599 privileges and benefits conferred by this compact shall be terminated on the effective date of
600 termination. A remedy of the default does not relieve the offending state of obligations or
601 liabilities incurred during the period of default.
602(c) Termination of membership in the compact shall be imposed only after all other
603 means of securing compliance have been exhausted. Notice of intent to suspend or terminate
604 shall be submitted by the commission to the governor, the majority and minority leaders of the
605 defaulting state's legislature and each of the compact states. A compact state which has been
606 terminated is responsible for all assessments, obligations and liabilities incurred through the
607 effective date of termination, including obligations which extend beyond the effective date of
608 termination.
609(d) The commission shall not bear any costs incurred by the state which is found to be in
610 default or which has been terminated from the compact, unless agreed upon in writing between
611 the commission and the defaulting state. The defaulting state may appeal the action of the
612 commission by petitioning the United States district court for the state or the federal district
613 where the compact has its principal offices. The prevailing member shall be awarded all costs of
614 such litigation, including reasonable attorney's fees.
615(e) Upon request by a compact state, the commission shall attempt to resolve disputes
616 related to the compact which arise among compact states and between compact and non-compact
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617 states. The commission shall promulgate a rule providing for both mediation and binding dispute
618 resolution for disputes that arise before the commission.
619(f) The commission, in the reasonable exercise of its discretion, shall enforce the
620 provisions and rules of this compact.
621(g) By majority vote, the commission may initiate legal action in the United States
622 district court for the state of Georgia or the federal district where the compact has its principal
623 offices against a compact state in default to enforce compliance with the provisions of the
624 compact and its promulgated rules and bylaws. The relief sought may include both injunctive
625 relief and damages. In the event judicial enforcement is necessary, the prevailing member shall
626 be awarded all costs of such litigation, including reasonable attorney's fees.
627(h) The remedies herein shall not be the exclusive remedies of the commission. The
628 commission may pursue any other remedies available under federal or state law.
629Section 15. (a) The compact shall come into effect on the date on which the compact is
630 enacted into law in the seventh compact state. The provisions which become effective at that
631 time shall be limited to the powers granted to the commission relating to assembly and the
632 promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers
633 necessary to the implementation and administration of the compact.
634(b) Any state which joins the compact subsequent to the commission's initial adoption of
635 the rules shall be subject to the rules as they exist on the date on which the compact becomes law
636 in that state. Any rule which has been previously adopted by the commission shall have the full
637 force and effect of law on the day the compact becomes law in that state.
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638(c) Any compact state may withdraw from this compact by enacting a statute repealing
639 the same. A compact state's withdrawal shall not take effect until 6 months after enactment of the
640 repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing
641 state's psychology regulatory authority to comply with the investigative and adverse action
642 reporting requirements of this act prior to the effective date of withdrawal.
643(d) Nothing contained in this compact shall be construed to invalidate or prevent any
644 psychology licensure agreement or other cooperative arrangement between a compact state and a
645 non-compact state which does not conflict with the provisions of this compact.
646(e) This compact may be amended by the compact states. No amendment to this compact
647 shall become effective and binding upon any compact state until it is enacted into the law of all
648 compact states.
649Section 16. This compact shall be liberally construed so as to effectuate the purposes
650 thereof. If this compact shall be held contrary to the constitution of any state member thereto, the
651 compact shall remain in full force and effect as to the remaining compact states.
652Section 17. The compact administrator who represents the commonwealth, as provided in
653 the compact, shall not be entitled to any additional compensation for executing their duties and
654 responsibilities as compact administrator but shall be entitled to reimbursement for reasonable
655 expenses actually incurred in connection with his duties and responsibilities as compact
656 administrator in the same manner as for expenses incurred in connection with other duties and
657 responsibilities of his office or employment.
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658Section 18. The executive director of the board of registration of psychologists or the
659 board executive director’s designee, shall be the administrator of the psychology
660 interjurisdictional compact for the commonwealth.
661Section 19. The board of registration of psychologists may promulgate regulations as
662 necessary to implement the provisions of this chapter.
663Section 20. The board of registration of psychologists may recover from a psychologist
664 the costs of investigation and disposition of cases resulting in any adverse disciplinary action
665 taken against a psychologist’s authority to practice interjurisdictional telepsychology or
666 temporary authorization to practice. Funds collected pursuant to this section shall be deposited in
667 the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
668Section 21. The board of registration of psychologists may take disciplinary action
669 against a psychologist practicing in the commonwealth under the authority to practice
670 interjurisdictional telepsychology or temporary authorization to practice under a license issued
671 by a member state. The board’s disciplinary action may be based on disciplinary action against
672 the psychologist’s license taken by that licensee’s home state.
673Section 22. In reporting information to the coordinated licensure information system
674 under section 11 of this chapter related to the Psychology Interjurisdictional Compact Act, the
675 board of registration of psychologists may disclose personally identifiable information about the
676 psychologist, including social security number.
677Section 23. This psychology interjurisdictional compact shall be subject to the applicable
678 laws and regulations of the commonwealth, including chapters 13, 30A and 112 of the General
679 Laws."
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