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:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 58-61b-101, Utah Code Annotated 1953
23 58-61b-102, Utah Code Annotated 1953
24 58-61b-103, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-61b-101 is enacted to read:
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:
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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.
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
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
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.
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
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.
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
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.
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;
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
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;
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
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
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
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
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
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.
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
668 2. A governmental subdivision or agency; or
669 3. A duly appointed person in an association that has at least twenty-five (25)
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
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
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.
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.
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.
Legislative Review Note
Office of Legislative Research and General Counsel