1     
PSYCHOLOGY INTERJURISDICTIONAL COMPACT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian E. Shiozawa

5     
House Sponsor: Edward H. Redd

6     

7     LONG TITLE
8     General Description:
9          This bill enacts a multi-state compact for psychologist telehealth.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a chapter in the Occupations and Professions Code to establish the
13     Psychologist Interjurisdictional Compact; and
14          ▸     provides administrative rulemaking authority to the Division of Occupational and
15     Professional Licensing to implement the multi-state compact.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          58-61b-101, Utah Code Annotated 1953
23          58-61b-102, Utah Code Annotated 1953
24          58-61b-103, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-61b-101 is enacted to read:
28     
CHAPTER 61b. PSYCHOLOGY INTERJURISDICTIONAL COMPACT

29          58-61b-101. Title.

30          This chapter is known as the "Psychology Interjurisdictional Compact."     
31          Section 2. Section 58-61b-102 is enacted to read:
32          58-61b-102. Psychology Interjurisdictional Compact.
33          The Psychology Interjurisdictional Compact is enacted and entered into with all other
34     jurisdictions that legally join in the compact, which is, in form, substantially as follows:
35     
ARTICLE I

36     
PURPOSE

37          Whereas, states license psychologists, in order to protect the public through verification
38     of education, training, and experience and ensure accountability for professional practice;
39          Whereas, this Compact is intended to regulate the day to day practice of telepsychology
40     (i.e. the provision of psychological services using telecommunication technologies) by
41     psychologists across state boundaries in the performance of their psychological practice as
42     assigned by an appropriate authority;
43          Whereas, this Compact is intended to regulate the temporary in-person, face-to-face
44     practice of psychology by psychologists across state boundaries for 30 days within a calendar
45     year in the performance of their psychological practice as assigned by an appropriate authority;
46          Whereas, this Compact is intended to authorize State Psychology Regulatory
47     Authorities to afford legal recognition, in a manner consistent with the terms of the Compact,
48     to psychologists licensed in another state;
49          Whereas, this Compact recognizes that states have a vested interest in protecting the
50     public's health and safety through their licensing and regulation of psychologists and that such
51     state regulation will best protect public health and safety;
52          Whereas, this Compact does not apply when a psychologist is licensed in both the
53     Home and Receiving States; and
54          Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it
55     does allow for authorization of temporary psychological practice.
56          Consistent with these principles, this Compact is designed to achieve the following
57     purposes and objectives:

58          1. Increase public access to professional psychological services by allowing for
59     telepsychological practice across state lines as well as temporary in-person, face-to-face
60     services into a state in which the psychologist is not licensed to practice psychology;
61          2. Enhance the states' ability to protect the public's health and safety, especially
62     client/patient safety;
63          3. Encourage the cooperation of Compact States in the areas of psychology licensure
64     and regulation;
65          4. Facilitate the exchange of information between Compact States regarding
66     psychologist licensure, adverse actions, and disciplinary history;
67          5. Promote compliance with the laws governing psychological practice in each
68     Compact State; and
69          6. Invest all Compact States with the authority to hold licensed psychologists
70     accountable through the mutual recognition of Compact State licenses.
71     
ARTICLE II

72     
DEFINITIONS

73          A. "Adverse Action" means: any action taken by a State Psychology Regulatory
74     Authority which finds a violation of a statute or regulation that is identified by the State
75     Psychology Regulatory Authority as discipline and is a matter of public record.
76          B. "Association of State and Provincial Psychology Boards (ASPPB)" means: the
77     recognized membership organization composed of State and Provincial Psychology Regulatory
78     Authorities responsible for the licensure and registration of psychologists throughout the
79     United States and Canada.
80          C. "Authority to Practice Interjurisdictional Telepsychology" means: a licensed
81     psychologist's authority to practice telepsychology, within the limits authorized under this
82     Compact, in another Compact State.
83          D. "Bylaws" means: those Bylaws established by the Psychology Interjurisdictional
84     Compact Commission pursuant to Section X for its governance, or for directing and controlling
85     its actions and conduct.

86          E. "Client/Patient" means: the recipient of psychological services, whether
87     psychological services are delivered in the context of healthcare, corporate, supervision, and/or
88     consulting services.
89          F. "Commissioner" means: the voting representative appointed by each State
90     Psychology Regulatory Authority pursuant to Section X.
91          G. "Compact State" means: a state, the District of Columbia, or United States territory
92     that has enacted this Compact legislation and which has not withdrawn pursuant to Article
93     XIII, Section C or been terminated pursuant to Article XII, Section B.
94          H. "Coordinated Licensure Information System" also referred to as "Coordinated
95     Database" means: an integrated process for collecting, storing, and sharing information on
96     psychologists' licensure and enforcement activities related to psychology licensure laws, which
97     is administered by the recognized membership organization composed of State and Provincial
98     Psychology Regulatory Authorities.
99          I. "Confidentiality" means: the principle that data or information is not made available
100     or disclosed to unauthorized persons and/or processes.
101          J. "Day" means: any part of a day in which psychological work is performed.
102          K. "Distant State" means: the Compact State where a psychologist is physically present
103     (not through the use of telecommunications technologies), to provide temporary in-person,
104     face-to-face psychological services.
105          L. "E.Passport" means: a certificate issued by the Association of State and Provincial
106     Psychology Boards (ASPPB) that promotes the standardization in the criteria of
107     interjurisdictional telepsychology practice and facilitates the process for licensed psychologists
108     to provide telepsychological services across state lines.
109          M. "Executive Board" means: a group of directors elected or appointed to act on behalf
110     of, and within the powers granted to them by, the Commission.
111          N. "Home State" means: a Compact State where a psychologist is licensed to practice
112     psychology. If the psychologist is licensed in more than one Compact State and is practicing
113     under the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the

114     Compact State where the psychologist is physically present when the telepsychological services
115     are delivered. If the psychologist is licensed in more than one Compact State and is practicing
116     under the Temporary Authorization to Practice, the Home State is any Compact State where the
117     psychologist is licensed.
118          O. "Identity History Summary" means: a summary of information retained by the FBI,
119     or other designee with similar authority, in connection with arrests and, in some instances,
120     federal employment, naturalization, or military service.
121          P. "In-Person, Face-to-Face" means: interactions in which the psychologist and the
122     client/patient are in the same physical space and which do not include interactions that may
123     occur through the use of telecommunication technologies.
124          Q. "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the
125     Association of State and Provincial Psychology Boards (ASPPB) that grants temporary
126     authority to practice based on notification to the State Psychology Regulatory Authority of
127     intention to practice temporarily, and verification of one's qualifications for such practice.
128          R. "License" means: authorization by a State Psychology Regulatory Authority to
129     engage in the independent practice of psychology, which would be unlawful without the
130     authorization.
131          S. "Non-Compact State" means: any state which is not at the time a Compact State.
132          T. "Psychologist" means: an individual licensed for the independent practice of
133     psychology.
134          U. "Psychology Interjurisdictional Compact Commission" also referred to as
135     "Commission" means: the national administration of which all Compact States are members.
136          V. "Receiving State" means: a Compact State where the client/patient is physically
137     located when the telepsychological services are delivered.
138          W. "Rule" means: a written statement by the Psychology Interjurisdictional Compact
139     Commission promulgated pursuant to Section XI of the Compact that is of general
140     applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an
141     organizational, procedural, or practice requirement of the Commission and has the force and

142     effect of statutory law in a Compact State, and includes the amendment, repeal, or suspension
143     of an existing rule.
144          X. "Significant Investigatory Information" means:
145          1. investigative information that a State Psychology Regulatory Authority, after a
146     preliminary inquiry that includes notification and an opportunity to respond if required by state
147     law, has reason to believe, if proven true, would indicate more than a violation of state statute
148     or ethics code that would be considered more substantial than minor infraction; or
149          2. investigative information that indicates that the psychologist represents an
150     immediate threat to public health and safety regardless of whether the psychologist has been
151     notified and/or had an opportunity to respond.
152          Y. "State" means: a state, commonwealth, territory, or possession of the United States,
153     or the District of Columbia.
154          Z. "State Psychology Regulatory Authority" means: the Board, office, or other agency
155     with the legislative mandate to license and regulate the practice of psychology.
156          AA. "Telepsychology" means: the provision of psychological services using
157     telecommunication technologies.
158          BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority
159     to conduct temporary in-person, face-to-face practice, within the limits authorized under this
160     Compact, in another Compact State.
161          CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is
162     physically present (not through the use of telecommunications technologies), in the Distant
163     State to provide for the practice of psychology for 30 days within a calendar year and based on
164     notification to the Distant State.
165     
ARTICLE III

166     
HOME STATE LICENSURE

167          A. The Home State shall be a Compact State where a psychologist is licensed to
168     practice psychology.
169          B. A psychologist may hold one or more Compact State licenses at a time. If the

170     psychologist is licensed in more than one Compact State, the Home State is the Compact State
171     where the psychologist is physically present when the services are delivered as authorized by
172     the Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.
173          C. Any Compact State may require a psychologist not previously licensed in a
174     Compact State to obtain and retain a license to be authorized to practice in the Compact State
175     under circumstances not authorized by the Authority to Practice Interjurisdictional
176     Telepsychology under the terms of this Compact.
177          D. Any Compact State may require a psychologist to obtain and retain a license to be
178     authorized to practice in a Compact State under circumstances not authorized by Temporary
179     Authorization to Practice under the terms of this Compact.
180          E. A Home State's license authorizes a psychologist to practice in a Receiving State
181     under the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:
182          1. Currently requires the psychologist to hold an active E.Passport;
183          2. Has a mechanism in place for receiving and investigating complaints about licensed
184     individuals;
185          3. Notifies the Commission, in compliance with the terms herein, of any adverse action
186     or significant investigatory information regarding a licensed individual;
187          4. Requires an Identity History Summary of all applicants at initial licensure, including
188     the use of the results of fingerprints or other biometric data checks compliant with the
189     requirements of the Federal Bureau of Investigation (FBI), or other designee with similar
190     authority, no later than ten years after activation of the Compact; and
191          5. Complies with the Bylaws and Rules of the Commission.
192          F. A Home State's license grants Temporary Authorization to Practice to a psychologist
193     in a Distant State only if the Compact State:
194          1. Currently requires the psychologist to hold an active IPC;
195          2. Has a mechanism in place for receiving and investigating complaints about licensed
196     individuals;
197          3. Notifies the Commission, in compliance with the terms herein, of any adverse action

198     or significant investigatory information regarding a licensed individual;
199          4. Requires an Identity History Summary of all applicants at initial licensure, including
200     the use of the results of fingerprints or other biometric data checks compliant with the
201     requirements of the Federal Bureau of Investigation (FBI), or other designee with similar
202     authority, no later than ten years after activation of the Compact; and
203          5. Complies with the Bylaws and Rules of the Commission.
204     
ARTICLE IV

205     
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

206          A. Compact States shall recognize the right of a psychologist, licensed in a Compact
207     State in conformance with Article III, to practice telepsychology in other Compact States
208     (Receiving States) in which the psychologist is not licensed, under the Authority to Practice
209     Interjurisdictional Telepsychology as provided in the Compact.
210          B. To exercise the Authority to Practice Interjurisdictional Telepsychology under the
211     terms and provisions of this Compact, a psychologist licensed to practice in a Compact State
212     must:
213          1. Hold a graduate degree in psychology from an institute of higher education that was,
214     at the time the degree was awarded:
215          a. Regionally accredited by an accrediting body recognized by the U.S. Department of
216     Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to
217     grant doctoral degrees; or
218          b. A foreign college or university deemed to be equivalent to Article IV, Subsection
219     B.1.a., by a foreign credential evaluation service that is a member of the National Association
220     of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation
221     service; and
222          2. Hold a graduate degree in psychology that meets the following criteria:
223          a. The program, wherever it may be administratively housed, must be clearly identified
224     and labeled as a psychology program. Such a program must specify in pertinent institutional
225     catalogues and brochures its intent to educate and train professional psychologists;

226          b. The psychology program must stand as a recognizable, coherent, organizational
227     entity within the institution;
228          c. There must be a clear authority and primary responsibility for the core and specialty
229     areas whether or not the program cuts across administrative lines;
230          d. The program must consist of an integrated, organized sequence of study;
231          e. There must be an identifiable psychology faculty sufficient in size and breadth to
232     carry out its responsibilities;
233          f. The designated director of the program must be a psychologist and a member of the
234     core faculty;
235          g. The program must have an identifiable body of students who are matriculated in that
236     program for a degree;
237          h. The program must include supervised practicum, internship, or field training
238     appropriate to the practice of psychology;
239          i. The curriculum shall encompass a minimum of three academic years of full-time
240     graduate study for doctoral degrees and a minimum of one academic year of full-time graduate
241     study for master's degrees; and
242          j. The program includes an acceptable residency as defined by the Rules of the
243     Commission.
244          3. Possess a current, full, and unrestricted license to practice psychology in a Home
245     State which is a Compact State;
246          4. Have no history of adverse action that violates the Rules of the Commission;
247          5. Have no criminal record history reported on an Identity History Summary that
248     violates the Rules of the Commission;
249          6. Possess a current, active E.Passport;
250          7. Provide attestations in regard to areas of intended practice, conformity with
251     standards of practice, and competence in telepsychology technology, criminal background; and
252     knowledge and adherence to legal requirements in the Home and Receiving States, and provide
253     a release of information to allow for primary source verification in a manner specified by the

254     Commission; and
255          8. Meet other criteria as defined by the Rules of the Commission.
256          C. The Home State maintains authority over the license of any psychologist practicing
257     into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.
258          D. A psychologist practicing into a Receiving State under the Authority to Practice
259     Interjurisdictional Telepsychology will be subject to the Receiving State's scope of practice. A
260     Receiving State may, in accordance with that state's due process law, limit or revoke a
261     psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State
262     and may take any other necessary actions under the Receiving State's applicable law to protect
263     the health and safety of the Receiving State's citizens. If a Receiving State takes action, the
264     state shall promptly notify the Home State and the Commission.
265          E. If a psychologist's license in any Home State or another Compact State, or any
266     Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted,
267     suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist
268     shall not be eligible to practice telepsychology in a Compact State under the Authority to
269     Practice Interjurisdictional Telepsychology.
270     
ARTICLE V

271     
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

272          A. Compact States shall also recognize the right of a psychologist, licensed in a
273     Compact State in conformance with Article III, to practice temporarily in other Compact States
274     (Distant States) in which the psychologist is not licensed, as provided in the Compact.
275          B. To exercise the Temporary Authorization to Practice under the terms and provisions
276     of this Compact, a psychologist licensed to practice in a Compact State must:
277          1. Hold a graduate degree in psychology from an institute of higher education that was,
278     at the time the degree was awarded:
279          a. Regionally accredited by an accrediting body recognized by the U.S. Department of
280     Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to
281     grant doctoral degrees; or

282          b. A foreign college or university deemed to be equivalent to Article V, Subsection
283     B.1.a., by a foreign credential evaluation service that is a member of the National Association
284     of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation
285     service; and
286          2. Hold a graduate degree in psychology that meets the following criteria:
287          a. The program, wherever it may be administratively housed, must be clearly identified
288     and labeled as a psychology program. Such a program must specify in pertinent institutional
289     catalogues and brochures its intent to educate and train professional psychologists;
290          b. The psychology program must stand as a recognizable, coherent, organizational
291     entity within the institution;
292          c. There must be a clear authority and primary responsibility for the core and specialty
293     areas whether or not the program cuts across administrative lines;
294          d. The program must consist of an integrated, organized sequence of study;
295          e. There must be an identifiable psychology faculty sufficient in size and breadth to
296     carry out its responsibilities;
297          f. The designated director of the program must be a psychologist and a member of the
298     core faculty;
299          g. The program must have an identifiable body of students who are matriculated in that
300     program for a degree;
301          h. The program must include supervised practicum, internship, or field training
302     appropriate to the practice of psychology;
303          i. The curriculum shall encompass a minimum of three academic years of full-time
304     graduate study for doctoral degrees and a minimum of one academic year of full-time graduate
305     study for master's degrees; and
306          j. The program includes an acceptable residency as defined by the Rules of the
307     Commission.
308          3. Possess a current, full, and unrestricted license to practice psychology in a Home
309     State which is a Compact State;

310          4. No history of adverse action that violates the Rules of the Commission;
311          5. No criminal record history that violates the Rules of the Commission;
312          6. Possess a current, active IPC;
313          7. Provide attestations in regard to areas of intended practice and work experience and
314     provide a release of information to allow for primary source verification in a manner specified
315     by the Commission; and
316          8. Meet other criteria as defined by the Rules of the Commission.
317          C. A psychologist practicing into a Distant State under the Temporary Authorization to
318     Practice shall practice within the scope of practice authorized by the Distant State.
319          D. A psychologist practicing into a Distant State under the Temporary Authorization to
320     Practice will be subject to the Distant State's authority and law. A Distant State may, in
321     accordance with that state's due process law, limit or revoke a psychologist's Temporary
322     Authorization to Practice in the Distant State and may take any other necessary actions under
323     the Distant State's applicable law to protect the health and safety of the Distant State's citizens.
324     If a Distant State takes action, the state shall promptly notify the Home State and the
325     Commission.
326          E. If a psychologist's license in any Home State or another Compact State, or any
327     Temporary Authorization to Practice in any Distant State, is restricted, suspended, or otherwise
328     limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice
329     in a Compact State under the Temporary Authorization to Practice.
330     
ARTICLE VI

331     
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE

332          A. A psychologist may practice in a Receiving State under the Authority to Practice
333     Interjurisdictional Telepsychology only in the performance of the scope of practice for
334     psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in
335     the Rules of the Commission, and under the following circumstances:
336          1. The psychologist initiates a client/patient contact in a Home State via
337     telecommunications technologies with a client/patient in a Receiving State; and

338          2. Other conditions regarding telepsychology as determined by Rules promulgated by
339     the Commission.
340     
ARTICLE VII

341     
ADVERSE ACTIONS

342          A. A Home State shall have the power to impose adverse action against a
343     psychologist's license issued by the Home State. A Distant State shall have the power to take
344     adverse action on a psychologist's Temporary Authorization to Practice within that Distant
345     State.
346          B. A Receiving State may take adverse action on a psychologist's Authority to Practice
347     Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse
348     action against a psychologist based on an adverse action taken by a Distant State regarding
349     temporary in-person, face-to-face practice.
350          C. If a Home State takes adverse action against a psychologist's license, that
351     psychologist's Authority to Practice Interjurisdictional Telepsychology is terminated and the
352     E.Passport is revoked. Furthermore, that psychologist's Temporary Authorization to Practice is
353     terminated and the IPC is revoked.
354          1. All Home State disciplinary orders which impose adverse action shall be reported to
355     the Commission in accordance with the Rules promulgated by the Commission. A Compact
356     State shall report adverse actions in accordance with the Rules of the Commission.
357          2. In the event discipline is reported on a psychologist, the psychologist will not be
358     eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the
359     Rules of the Commission.
360          3. Other actions may be imposed as determined by the Rules promulgated by the
361     Commission.
362          D. A Home State's Psychology Regulatory Authority shall investigate and take
363     appropriate action with respect to reported inappropriate conduct engaged in by a licensee
364     which occurred in a Receiving State as it would if such conduct had occurred by a licensee
365     within the Home State. In such cases, the Home State's law shall control in determining any

366     adverse action against a psychologist's license.
367          E. A Distant State's Psychology Regulatory Authority shall investigate and take
368     appropriate action with respect to reported inappropriate conduct engaged in by a psychologist
369     practicing under Temporary Authorization to Practice which occurred in that Distant State as it
370     would if such conduct had occurred by a licensee within the Home State. In such cases, Distant
371     State's law shall control in determining any adverse action against a psychologist's Temporary
372     Authorization to Practice.
373          F. Nothing in this Compact shall override a Compact State's decision that a
374     psychologist's participation in an alternative program may be used in lieu of adverse action and
375     that such participation shall remain non-public if required by the Compact State's law. Compact
376     States must require psychologists who enter any alternative programs to not provide
377     telepsychology services under the Authority to Practice Interjurisdictional Telepsychology or
378     provide temporary psychological services under the Temporary Authorization to Practice in any
379     other Compact State during the term of the alternative program.
380          G. No other judicial or administrative remedies shall be available to a psychologist in
381     the event a Compact State imposes an adverse action pursuant to Article VII, Section C.
382     
ARTICLE VIII

383     
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT

384     
STATE'S PSYCHOLOGY REGULATORY AUTHORITY

385          A. In addition to any other powers granted under state law, a Compact State's
386     Psychology Regulatory Authority shall have the authority under this Compact to:
387          1. Issue subpoenas, for both hearings and investigations, which require the attendance
388     and testimony of witnesses and the production of evidence. Subpoenas issued by a Compact
389     State's Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or
390     the production of evidence from another Compact State, shall be enforced in the latter state by
391     any court of competent jurisdiction, according to that court's practice and procedure in
392     considering subpoenas issued in its own proceedings. The issuing State Psychology Regulatory
393     Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the

394     service statutes of the state where the witnesses and/or evidence are located; and
395          2. Issue cease and desist and/or injunctive relief orders to revoke a psychologist's
396     Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to
397     Practice.
398          B. During the course of any investigation, a psychologist may not change his/her Home
399     State licensure. A Home State Psychology Regulatory Authority is authorized to complete any
400     pending investigations of a psychologist and to take any actions appropriate under its law. The
401     Home State Psychology Regulatory Authority shall promptly report the conclusions of such
402     investigations to the Commission. Once an investigation has been completed, and pending the
403     outcome of said investigation, the psychologist may change his/her Home State licensure. The
404     Commission shall promptly notify the new Home State of any such decisions as provided in the
405     Rules of the Commission. All information provided to the Commission or distributed by
406     Compact States pursuant to the psychologist shall be confidential, filed under seal, and used for
407     investigatory or disciplinary matters. The Commission may create additional rules for
408     mandated or discretionary sharing of information by Compact States.
409     
ARTICLE IX

410     
COORDINATED LICENSURE INFORMATION SYSTEM

411          A. The Commission shall provide for the development and maintenance of a
412     Coordinated Licensure Information System (Coordinated Database) and reporting system
413     containing licensure and disciplinary action information on all psychologists to whom this
414     Compact is applicable in all Compact States as defined by the Rules of the Commission.
415          B. Notwithstanding any other provision of state law to the contrary, a Compact State
416     shall submit a uniform data set to the Coordinated Database on all licensees as required by the
417     Rules of the Commission, including:
418          1. Identifying information;
419          2. Licensure data;
420          3. Significant investigatory information;
421          4. Adverse actions against a psychologist's license;

422          5. An indicator that a psychologist's Authority to Practice Interjurisdictional
423     Telepsychology and/or Temporary Authorization to Practice is revoked;
424          6. Non-confidential information related to alternative program participation
425     information;
426          7. Any denial of application for licensure, and the reasons for such denial; and
427          8. Other information which may facilitate the administration of this Compact, as
428     determined by the Rules of the Commission.
429          C. The Coordinated Database administrator shall promptly notify all Compact States of
430     any adverse action taken against, or significant investigative information on, any licensee in a
431     Compact State.
432          D. Compact States reporting information to the Coordinated Database may designate
433     information that may not be shared with the public without the express permission of the
434     Compact State reporting the information.
435          E. Any information submitted to the Coordinated Database that is subsequently
436     required to be expunged by the law of the Compact State reporting the information shall be
437     removed from the Coordinated Database.
438     
ARTICLE X

439     
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL

440     
COMPACT COMMISSION

441          A. The Compact States hereby create and establish a joint public agency known as the
442     Psychology Interjurisdictional Compact Commission.
443          1. The Commission is a body politic and an instrumentality of the Compact States.
444          2. Venue is proper and judicial proceedings by or against the Commission shall be
445     brought solely and exclusively in a court of competent jurisdiction where the principal office of
446     the Commission is located. The Commission may waive venue and jurisdictional defenses to
447     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
448          3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
449          B. Membership, voting, and meetings

450          1. The Commission shall consist of one voting representative appointed by each
451     Compact State who shall serve as that state's Commissioner. The State Psychology Regulatory
452     Authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the
453     Compact State. This delegate shall be limited to:
454          a. Executive Director, Executive Secretary, or similar executive;
455          b. Current member of the State Psychology Regulatory Authority of a Compact State;
456     or
457          c. Designee empowered with the appropriate delegate authority to act on behalf of the
458     Compact State.
459          2. Any Commissioner may be removed or suspended from office as provided by the
460     law of the state from which the Commissioner is appointed. Any vacancy occurring in the
461     Commission shall be filled in accordance with the laws of the Compact State in which the
462     vacancy exists.
463          3. Each Commissioner shall be entitled to one (1) vote with regard to the promulgation
464     of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the
465     business and affairs of the Commission. A Commissioner shall vote in person or by such other
466     means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in
467     meetings by telephone or other means of communication.
468          4. The Commission shall meet at least once during each calendar year. Additional
469     meetings shall be held as set forth in the Bylaws.
470          5. All meetings shall be open to the public, and public notice of meetings shall be
471     given in the same manner as required under the rulemaking provisions in Article XI.
472          6. The Commission may convene in a closed, non-public meeting if the Commission
473     must discuss:
474          a. Non-compliance of a Compact State with its obligations under the Compact;
475          b. The employment, compensation, discipline or other personnel matters, practices or
476     procedures related to specific employees, or other matters related to the Commission's internal
477     personnel practices and procedures;

478          c. Current, threatened, or reasonably anticipated litigation against the Commission;
479          d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
480          e. Accusation against any person of a crime or formally censuring any person;
481          f. Disclosure of trade secrets or commercial or financial information which is
482     privileged or confidential;
483          g. Disclosure of information of a personal nature where disclosure would constitute a
484     clearly unwarranted invasion of personal privacy;
485          h. Disclosure of investigatory records compiled for law enforcement purposes;
486          i. Disclosure of information related to any investigatory reports prepared by or on
487     behalf of or for use of the Commission or other committee charged with responsibility for
488     investigation or determination of compliance issues pursuant to the Compact; or
489          j. Matters specifically exempted from disclosure by federal and state statute.
490          7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
491     Commission's legal counsel or designee shall certify that the meeting may be closed and shall
492     reference each relevant exempting provision. The Commission shall keep minutes which fully
493     and clearly describe all matters discussed in a meeting and shall provide a full and accurate
494     summary of actions taken, of any person participating in the meeting, and the reasons therefore,
495     including a description of the views expressed. All documents considered in connection with
496     an action shall be identified in such minutes. All minutes and documents of a closed meeting
497     shall remain under seal, subject to release only by a majority vote of the Commission or order
498     of a court of competent jurisdiction.
499          C. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws
500     and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes
501     and exercise the powers of the Compact, including but not limited to:
502          1. Establishing the fiscal year of the Commission;
503          2. Providing reasonable standards and procedures:
504          a. for the establishment and meetings of other committees; and
505          b. governing any general or specific delegation of any authority or function of the

506     Commission;
507          3. Providing reasonable procedures for calling and conducting meetings of the
508     Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity
509     for attendance of such meetings by interested parties, with enumerated exceptions designed to
510     protect the public's interest, the privacy of individuals of such proceedings, and proprietary
511     information, including trade secrets. The Commission may meet in closed session only after a
512     majority of the Commissioners vote to close a meeting to the public in whole or in part. As
513     soon as practicable, the Commission must make public a copy of the vote to close the meeting
514     revealing the vote of each Commissioner with no proxy votes allowed;
515          4. Establishing the titles, duties and authority, and reasonable procedures for the
516     election of the officers of the Commission;
517          5. Providing reasonable standards and procedures for the establishment of the
518     personnel policies and programs of the Commission. Notwithstanding any civil service or other
519     similar law of any Compact State, the Bylaws shall exclusively govern the personnel policies
520     and programs of the Commission;
521          6. Promulgating a Code of Ethics to address permissible and prohibited activities of
522     Commission members and employees;
523          7. Providing a mechanism for concluding the operations of the Commission and the
524     equitable disposition of any surplus funds that may exist after the termination of the Compact
525     after the payment and/or reserving of all of its debts and obligations;
526          8. The Commission shall publish its Bylaws in a convenient form and file a copy
527     thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of
528     the Compact States;
529          9. The Commission shall maintain its financial records in accordance with the Bylaws;
530     and
531          10. The Commission shall meet and take such actions as are consistent with the
532     provisions of this Compact and the Bylaws.
533          D. The Commission shall have the following powers:

534          1. The authority to promulgate uniform rules to facilitate and coordinate
535     implementation and administration of this Compact. The rule shall have the force and effect of
536     law and shall be binding in all Compact States;
537          2. To bring and prosecute legal proceedings or actions in the name of the Commission,
538     provided that the standing of any State Psychology Regulatory Authority or other regulatory
539     body responsible for psychology licensure to sue or be sued under applicable law shall not be
540     affected;
541          3. To purchase and maintain insurance and bonds;
542          4. To borrow, accept, or contract for services of personnel, including, but not limited
543     to, employees of a Compact State;
544          5. To hire employees, elect or appoint officers, fix compensation, define duties, grant
545     such individuals appropriate authority to carry out the purposes of the Compact, and to
546     establish the Commission's personnel policies and programs relating to conflicts of interest,
547     qualifications of personnel, and other related personnel matters;
548          6. To accept any and all appropriate donations and grants of money, equipment,
549     supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that
550     at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict
551     of interest;
552          7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
553     hold, improve, or use, any property, real, personal, or mixed; provided that at all times the
554     Commission shall strive to avoid any appearance of impropriety;
555          8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
556     any property, real, personal, or mixed;
557          9. To establish a budget and make expenditures;
558          10. To borrow money;
559          11. To appoint committees, including advisory committees comprised of Members,
560     state regulators, state legislators or their representatives, and consumer representatives, and
561     such other interested persons as may be designated in this Compact and the Bylaws;

562          12. To provide and receive information from, and to cooperate with, law enforcement
563     agencies;
564          13. To adopt and use an official seal; and
565          14. To perform such other functions as may be necessary or appropriate to achieve the
566     purposes of this Compact consistent with the state regulation of psychology licensure,
567     temporary in-person, face-to-face practice, and telepsychology practice.
568          E. The Executive Board
569          The elected officers shall serve as the Executive Board, which shall have the power to
570     act on behalf of the Commission according to the terms of this Compact.
571          1. The Executive Board shall be comprised of six members:
572          a. Five voting members who are elected from the current membership of the
573     Commission by the Commission; and
574          b. One ex-officio, nonvoting member from the recognized membership organization
575     composed of State and Provincial Psychology Regulatory Authorities.
576          2. The ex-officio member must have served as staff or member on a State Psychology
577     Regulatory Authority and will be selected by its respective organization.
578          3. The Commission may remove any member of the Executive Board as provided in
579     Bylaws.
580          4. The Executive Board shall meet at least annually.
581          5. The Executive Board shall have the following duties and responsibilities:
582          a. Recommend to the entire Commission changes to the Rules or Bylaws, changes to
583     this Compact legislation, and fees paid by Compact States such as annual dues and any other
584     applicable fees;
585          b. Ensure Compact administration services are appropriately provided, contractual or
586     otherwise;
587          c. Prepare and recommend the budget;
588          d. Maintain financial records on behalf of the Commission;
589          e. Monitor Compact compliance of member states and provide compliance reports to

590     the Commission;
591          f. Establish additional committees as necessary; and
592          g. Other duties as provided in Rules or Bylaws.
593          F. Financing of the Commission
594          1. The Commission shall pay, or provide for the payment of, the reasonable expenses
595     of its establishment, organization, and ongoing activities.
596          2. The Commission may accept any and all appropriate revenue sources and donations
597     and grants of money, equipment, supplies, materials, and services.
598          3. The Commission may levy on and collect an annual assessment from each Compact
599     State or impose fees on other parties to cover the cost of the operations and activities of the
600     Commission and its staff which must be in a total amount sufficient to cover its annual budget
601     as approved each year for which revenue is not provided by other sources. The aggregate
602     annual assessment amount shall be allocated based upon a formula to be determined by the
603     Commission which shall promulgate a rule binding upon all Compact States.
604          4. The Commission shall not incur obligations of any kind prior to securing the funds
605     adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact
606     States, except by and with the authority of the Compact State.
607          5. The Commission shall keep accurate accounts of all receipts and disbursements. The
608     receipts and disbursements of the Commission shall be subject to the audit and accounting
609     procedures established under its Bylaws. However, all receipts and disbursements of funds
610     handled by the Commission shall be audited yearly by a certified or licensed public accountant
611     and the report of the audit shall be included in and become part of the annual report of the
612     Commission.
613          G. Qualified immunity, defense, and indemnification
614          1. The members, officers, Executive Director, employees, and representatives of the
615     Commission shall be immune from suit and liability, either personally or in their official
616     capacity, for any claim for damage to or loss of property or personal injury or other civil
617     liability caused by or arising out of any actual or alleged act, error, or omission that occurred,

618     or that the person against whom the claim is made had a reasonable basis for believing
619     occurred, within the scope of Commission employment, duties, or responsibilities; provided
620     that nothing in this paragraph shall be construed to protect any such person from suit and/or
621     liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton
622     misconduct of that person.
623          2. The Commission shall defend any member, officer, Executive Director, employee,
624     or representative of the Commission in any civil action seeking to impose liability arising out
625     of any actual or alleged act, error, or omission that occurred within the scope of Commission
626     employment, duties, or responsibilities, or that the person against whom the claim is made had
627     a reasonable basis for believing occurred within the scope of Commission employment, duties,
628     or responsibilities; provided that nothing herein shall be construed to prohibit that person from
629     retaining his or her own counsel; and provided further that the actual or alleged act, error, or
630     omission did not result from that person's intentional or willful or wanton misconduct.
631          3. The Commission shall indemnify and hold harmless any member, officer, Executive
632     Director, employee, or representative of the Commission for the amount of any settlement or
633     judgment obtained against that person arising out of any actual or alleged act, error, or
634     omission that occurred within the scope of Commission employment, duties, or
635     responsibilities, or that such person had a reasonable basis for believing occurred within the
636     scope of Commission employment, duties, or responsibilities; provided that the actual or
637     alleged act, error, or omission did not result from the intentional or willful or wanton
638     misconduct of that person.
639     
ARTICLE XI

640     
RULEMAKING

641          A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
642     forth in this Article and the Rules adopted thereunder. Rules and amendments shall become
643     binding as of the date specified in each rule or amendment.
644          B. If a majority of the legislatures of the Compact States rejects a rule, by enactment of
645     a statute or resolution in the same manner used to adopt the Compact, then such rule shall have

646     no further force and effect in any Compact State.
647          C. Rules or amendments to the Rules shall be adopted at a regular or special meeting of
648     the Commission.
649          D. Prior to promulgation and adoption of a final rule or Rules by the Commission, and
650     at least sixty (60) days in advance of the meeting at which the rule will be considered and voted
651     upon, the Commission shall file a Notice of Proposed Rulemaking:
652          1. On the website of the Commission; and
653          2. On the website of each Compact States' Psychology Regulatory Authority or the
654     publication in which each state would otherwise publish proposed rules.
655          E. The Notice of Proposed Rulemaking shall include:
656          1. The proposed time, date, and location of the meeting in which the rule will be
657     considered and voted upon;
658          2. The text of the proposed rule or amendment and the reason for the proposed rule;
659          3. A request for comments on the proposed rule from any interested person; and
660          4. The manner in which interested persons may submit notice to the Commission of
661     their intention to attend the public hearing and any written comments.
662          F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
663     written data, facts, opinions, and arguments, which shall be made available to the public.
664          G. The Commission shall grant an opportunity for a public hearing before it adopts a
665     rule or amendment if a hearing is requested by:
666          1. At least twenty-five (25) persons who submit comments independently of each
667     other;
668          2. A governmental subdivision or agency; or
669          3. A duly appointed person in an association that has at least twenty-five (25)
670     members.
671          H. If a hearing is held on the proposed rule or amendment, the Commission shall
672     publish the place, time, and date of the scheduled public hearing.
673          1. All persons wishing to be heard at the hearing shall notify the Executive Director of

674     the Commission or other designated member in writing of their desire to appear and testify at
675     the hearing not less than five (5) business days before the scheduled date of the hearing.
676          2. Hearings shall be conducted in a manner providing each person who wishes to
677     comment a fair and reasonable opportunity to comment orally or in writing.
678          3. No transcript of the hearing is required, unless a written request for a transcript is
679     made, in which case the person requesting the transcript shall bear the cost of producing the
680     transcript. A recording may be made in lieu of a transcript under the same terms and conditions
681     as a transcript. This subsection shall not preclude the Commission from making a transcript or
682     recording of the hearing if it so chooses.
683          4. Nothing in this section shall be construed as requiring a separate hearing on each
684     rule. Rules may be grouped for the convenience of the Commission at hearings required by this
685     section.
686          I. Following the scheduled hearing date, or by the close of business on the scheduled
687     hearing date if the hearing was not held, the Commission shall consider all written and oral
688     comments received.
689          J. The Commission shall, by majority vote of all members, take final action on the
690     proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
691     record and the full text of the rule.
692          K. If no written notice of intent to attend the public hearing by interested parties is
693     received, the Commission may proceed with promulgation of the proposed rule without a
694     public hearing.
695          L. Upon determination that an emergency exists, the Commission may consider and
696     adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
697     that the usual rulemaking procedures provided in the Compact and in this section shall be
698     retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
699     (90) days after the effective date of the rule. For the purposes of this provision, an emergency
700     rule is one that must be adopted immediately in order to:
701          1. Meet an imminent threat to public health, safety, or welfare;

702          2. Prevent a loss of Commission or Compact State funds;
703          3. Meet a deadline for the promulgation of an administrative rule that is established by
704     federal law or rule; or
705          4. Protect public health and safety.
706          M. The Commission or an authorized committee of the Commission may direct
707     revisions to a previously adopted rule or amendment for purposes of correcting typographical
708     errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
709     revisions shall be posted on the website of the Commission. The revision shall be subject to
710     challenge by any person for a period of thirty (30) days after posting. The revision may be
711     challenged only on grounds that the revision results in a material change to a rule. A challenge
712     shall be made in writing and delivered to the Chair of the Commission prior to the end of the
713     notice period. If no challenge is made, the revision will take effect without further action. If the
714     revision is challenged, the revision may not take effect without the approval of the
715     Commission.
716     
ARTICLE XII

717     
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

718          A. Oversight
719          1. The Executive, Legislative, and Judicial branches of state government in each
720     Compact State shall enforce this Compact and take all actions necessary and appropriate to
721     effectuate the Compact's purposes and intent. The provisions of this Compact and the rules
722     promulgated hereunder shall have standing as statutory law.
723          2. All courts shall take judicial notice of the Compact and the rules in any judicial or
724     administrative proceeding in a Compact State pertaining to the subject matter of this Compact
725     which may affect the powers, responsibilities, or actions of the Commission.
726          3. The Commission shall be entitled to receive service of process in any such
727     proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure
728     to provide service of process to the Commission shall render a judgment or order void as to the
729     Commission, this Compact, or promulgated rules.

730          B. Default, Technical Assistance, and Termination
731          1. If the Commission determines that a Compact State has defaulted in the performance
732     of its obligations or responsibilities under this Compact or the promulgated rules, the
733     Commission shall:
734          a. Provide written notice to the defaulting state and other Compact States of the nature
735     of the default, the proposed means of remedying the default, and/or any other action to be taken
736     by the Commission; and
737          b. Provide remedial training and specific technical assistance regarding the default.
738          2. If a state in default fails to remedy the default, the defaulting state may be terminated
739     from the Compact upon an affirmative vote of a majority of the Compact States, and all rights,
740     privileges, and benefits conferred by this Compact shall be terminated on the effective date of
741     termination. A remedy of the default does not relieve the offending state of obligations or
742     liabilities incurred during the period of default.
743          3. Termination of membership in the Compact shall be imposed only after all other
744     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
745     shall be submitted by the Commission to the Governor, the majority and minority leaders of the
746     defaulting state's legislature, and each of the Compact States.
747          4. A Compact State which has been terminated is responsible for all assessments,
748     obligations, and liabilities incurred through the effective date of termination, including
749     obligations which extend beyond the effective date of termination.
750          5. The Commission shall not bear any costs incurred by the state which is found to be
751     in default or which has been terminated from the Compact, unless agreed upon in writing
752     between the Commission and the defaulting state.
753          6. The defaulting state may appeal the action of the Commission by petitioning the
754     U.S. District Court for the state of Georgia or the federal district where the Compact has its
755     principal offices. The prevailing member shall be awarded all costs of such litigation, including
756     reasonable attorney's fees.
757          C. Dispute Resolution

758          1. Upon request by a Compact State, the Commission shall attempt to resolve disputes
759     related to the Compact which arise among Compact States and between Compact and
760     Non-Compact States.
761          2. The Commission shall promulgate a rule providing for both mediation and binding
762     dispute resolution for disputes that arise before the Commission.
763          D. Enforcement
764          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
765     provisions and Rules of this Compact.
766          2. By majority vote, the Commission may initiate legal action in the U.S. District Court
767     for the state of Georgia or the federal district where the Compact has its principal offices
768     against a Compact State in default to enforce compliance with the provisions of the Compact
769     and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and
770     damages. In the event judicial enforcement is necessary, the prevailing member shall be
771     awarded all costs of such litigation, including reasonable attorney's fees.
772          3. The remedies herein shall not be the exclusive remedies of the Commission. The
773     Commission may pursue any other remedies available under federal or state law.
774     
ARTICLE XIII

775     
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY

776     
INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED

777     
RULES, WITHDRAWAL, AND AMENDMENTS

778          A. The Compact shall come into effect on the date on which the Compact is enacted
779     into law in the seventh Compact State. The provisions which become effective at that time
780     shall be limited to the powers granted to the Commission relating to assembly and the
781     promulgation of Rules. Thereafter, the Commission shall meet and exercise rulemaking powers
782     necessary to the implementation and administration of the Compact.
783          B. Any state which joins the Compact subsequent to the Commission's initial adoption
784     of the Rules shall be subject to the Rules as they exist on the date on which the Compact
785     becomes law in that state. Any rule which has been previously adopted by the Commission

786     shall have the full force and effect of law on the day the Compact becomes law in that state.
787          C. Any Compact State may withdraw from this Compact by enacting a statute
788     repealing the same.
789          1. A Compact State's withdrawal shall not take effect until six (6) months after
790     enactment of the repealing statute.
791          2. Withdrawal shall not affect the continuing requirement of the withdrawing State's
792     Psychology Regulatory Authority to comply with the investigative and adverse action reporting
793     requirements of this act prior to the effective date of withdrawal.
794          D. Nothing contained in this Compact shall be construed to invalidate or prevent any
795     psychology licensure agreement or other cooperative arrangement between a Compact State
796     and a Non-Compact State which does not conflict with the provisions of this Compact.
797          E. This Compact may be amended by the Compact States. No amendment to this
798     Compact shall become effective and binding upon any Compact State until it is enacted into
799     the law of all Compact States.
800     
ARTICLE XIV

801     
CONSTRUCTION AND SEVERABILITY

802          This Compact shall be liberally construed so as to effectuate the purposes thereof. If
803     this Compact shall be held contrary to the constitution of any state member thereto, the
804     Compact shall remain in full force and effect as to the remaining Compact States.
805          Section 3. Section 58-61b-103 is enacted to read:
806          58-61b-103. Rulemaking Authority.
807          The division may make administrative rules in accordance with Title 63G, Chapter 3,
808     Utah Administrative Rulemaking Act, to implement Section 58-61b-102.