New Jersey § 45:14b-49

§ 45:14b-49.

The State of New Jersey enacts and enters into the “Psychology Interjurisdictional

Compact Act” with all other jurisdictions that legally join in the compact in the

form substantially as follows: I. Purpose. Whereas, states license psychologists, in order to protect the public through verification

of education, training and experience and ensure accountability for professional practice;

and Whereas, this compact is intended to regulate the day to day practice of telepsychology,

which is the provision of psychological services using telecommunication technologies,

by psychologists across state boundaries in the performance of their psychological

practice as assigned by an appropriate authority; and Whereas, this compact is intended to regulate the temporary in-person, face-to-face

practice of psychology by psychologists across state boundaries for 30 days within

a calendar year in the performance of their psychological practice as assigned by

an appropriate authority; Whereas, this compact is intended to authorize state psychology regulatory authorities

to afford legal recognition, in a manner consistent with the terms of the compact,

to psychologists licensed in another state; Whereas, this compact recognizes that states have a vested interest in protecting

the public's health and safety through their licensing and regulation of psychologists

and that such state regulation will best protect public health and safety; Whereas, this compact does not apply when a psychologist is licensed in both the home

and receiving states; and Whereas, this compact does not apply to permanent in-person, face-to-face practice,

it does allow for authorization of temporary psychological practice. Consistent with these principles, this compact is designed to achieve the following

purposes and objectives: increase public access to professional psychological services

by allowing for telepsychological practice across state lines as well as temporary

in-person, face-to-face services into a state in which the psychologist is not licensed

to practice psychology; enhance the states' ability to protect the public's health

and safety, especially client and patient safety; encourage the cooperation of compact

states in the areas of psychology licensure and regulation; facilitate the exchange

of information between compact states regarding psychologist licensure, adverse actions,

and disciplinary history; promote compliance with the laws governing psychological

practice in each compact state; and invest all compact states with the authority

to hold licensed psychologists accountable through the mutual recognition of compact

state licenses. II. Definitions. “ Adverse action ” means any action taken by a state psychology regulatory authority that finds a violation

of a statute or regulation that is identified by the state psychology regulatory authority

as discipline and is a matter of public record. “ Association of State and Provincial Psychology Boards (ASPPB) ” means the recognized membership organization composed of state and provincial psychology

regulatory authorities responsible for the licensure and registration of psychologists

throughout the United States and Canada. “ Authority to practice interjurisdictional telepsychology ” means a licensed psychologist's authority to practice telepsychology, within the

limits authorized under this compact, in another compact state. “ Bylaws ” means those bylaws established by the psychology interjurisdictional compact commission

pursuant to Article X for its governance, or for directing and controlling its actions

and conduct. “ Client or patient ” means the recipient of psychological services, whether psychological services are

delivered in the context of healthcare, corporate, supervision, or consulting services. “ Commissioner ” means the voting representative appointed by each state psychology regulatory authority

pursuant to Article X. “ Compact state ” means a state, the District of Columbia, or United States territory that has enacted

this compact legislation and that has not withdrawn pursuant to subsection c. of Article

XIII or been terminated pursuant to subsection b. of Article XII. “ Coordinated licensure information system ” or “ coordinated database ” means an integrated process for collecting, storing, and sharing information on

psychologists' licensure and enforcement activities related to psychology licensure

laws, which is administered by the recognized membership organization composed of

state and provincial psychology regulatory authorities. “ Confidentiality ” means the principle that data or information is not made available or disclosed

to unauthorized persons or processes, or both. “ Day ” means any part of a day in which psychological work is performed. “ Distant state ” means the compact state where a psychologist is physically present, not through

the use of telecommunications technologies, to provide temporary in-person, face-to-face

psychological services. “ E.passport ” means a certificate issued by the ASPPB that promotes the standardization in the

criteria of interjurisdictional telepsychology practice and facilitates the process

for licensed psychologists to provide telepsychological services across state lines. “ Executive board ” means a group of directors elected or appointed to act on behalf of, and within

the powers granted to them by, the commission. “ Home state ” means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing

under the authorization to practice interjurisdictional telepsychology, the home state

is the compact state where the psychologist is physically present when the telepsychological

services are delivered. If the psychologist is licensed in more than one compact state and is practicing

under the temporary authorization to practice, the home state is any compact state

where the psychologist is licensed. “ Identity history summary ” means a summary of information retained by the Federal Bureau of Investigation (FBI),

or other designee with similar authority, in connection with arrests and, in some

instances, federal employment, naturalization, or military service. “ In-person, face-to-face ” means interactions in which the psychologist and the client or patient are in the

same physical space. The term shall not include interactions that may occur through the use of telecommunication

technologies. “ Interjurisdictional Practice Certificate ” or “ IPC ” means a certificate issued by the ASPPB that grants temporary authority to practice

based on notification to the state psychology regulatory authority of intention to

practice temporarily, and verification of one's qualifications for such practice. “ License ” means authorization by a state psychology regulatory authority to engage in the

independent practice of psychology, which would be unlawful without the authorization. “ Non-compact state ” means any state that is not at the time a compact state. “ Psychologist ” means an individual licensed for the independent practice of psychology. “ Psychology Interjurisdictional Compact Commission ” or “ Commission ” means the national administration of which all compact states are members. “ Receiving state ” means a compact state where the client or patient is physically located when the

telepsychological services are delivered. “ Rule ” means a written statement by the Psychology Interjurisdictional Compact Commission

promulgated pursuant to Article XI of the compact that is of general applicability,

implements, interprets, or prescribes a policy or provision of the compact, or an

organizational, procedural, or practice requirement of the commission and has the

force and effect of statutory law in a compact state, and includes the amendment,

repeal or suspension of an existing rule. “ Significant investigatory information ” means investigative information that a state psychology regulatory authority, after

a preliminary inquiry that includes notification and an opportunity to respond if

required by state law, has reason to believe, if proven true, would indicate more

than a violation of state statute or ethics code that would be considered more substantial

than minor infraction; or investigative information that indicates that the psychologist

represents an immediate threat to public health and safety regardless of whether the

psychologist has been notified or had an opportunity to respond, or both. “ State ” means a state, commonwealth, territory, or possession of the United States and the

District of Columbia. “ State psychology regulatory authority ” means the board, office or other agency with the legislative mandate to license

and regulate the practice of psychology. “ Telepsychology ” means the provision of psychological services using telecommunication technologies. “ Temporary authorization to practice ” means a licensed psychologist's authority to conduct temporary in-person, face-to-face

practice, within the limits authorized under this compact, in another compact state. “ Temporary in-person, face-to-face practice ” means where a psychologist is physically present, not through the use of telecommunications

technologies, in the distant state to provide for the practice of psychology for 30

days within a calendar year and based on notification to the distant state. III. Home State Licensure. a. The home state shall be a compact state where a psychologist is licensed to practice

psychology. b. A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is

the compact state where the psychologist is physically present when the services are

delivered as authorized by the authority to practice interjurisdictional telepsychology

under the terms of this compact. c. Any compact state may require a psychologist not previously licensed in a compact

state to obtain and retain a license to be authorized to practice in the compact state

under circumstances not authorized by the authority to practice interjurisdictional

telepsychology under the terms of this compact. d. Any compact state may require a psychologist to obtain and retain a license to

be authorized to practice in a compact state under circumstances not authorized by

temporary authorization to practice under the terms of this compact. e. A home state's license authorizes a psychologist to practice in a receiving state

under the authority to practice interjurisdictional telepsychology only if the compact

state: currently requires the psychologist to hold an active e.passport; has a mechanism

in place for receiving and investigating complaints about licensed individuals; notifies

the commission, in compliance with the terms herein, of any adverse action or significant

investigatory information regarding a licensed individual; requires an identity history

summary of all applicants at initial licensure, including the use of the results of

fingerprints or other biometric data checks compliant with the requirements of the

FBI, or other designee with similar authority, no later than 10 years after activation

of the compact; and complies with the bylaws and rules of the commission. f. A home state's license grants temporary authorization to practice to a psychologist

in a distant state only if the compact state: currently requires the psychologist

to hold an active IPC; has a mechanism in place for receiving and investigating complaints

about licensed individuals; notifies the commission, in compliance with the terms

herein, of any adverse action or significant investigatory information regarding a

licensed individual; requires an identity history summary of all applicants at initial

licensure, including the use of the results of fingerprints or other biometric data

checks compliant with the requirements of the federal bureau of investigation, or

other designee with similar authority, no later than ten years after activation of

the compact; and complies with the bylaws and rules of the commission. IV. Compact Privilege to Practice Telepsychology. a. Compact states shall recognize the right of a psychologist, licensed in a compact

state in conformance with Article III, to practice telepsychology in other compact

states in which the psychologist is not licensed, under the authority to practice

interjurisdictional telepsychology as provided in the compact. b. To exercise the authority to practice interjurisdictional telepsychology under

the terms and provisions of this compact, a psychologist licensed to practice in a

compact state shall: (1) Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded: (a) regionally accredited by an accrediting body recognized by the federal Department

of Education to grant graduate degrees, or authorized by Provincial Statute or Royal

Charter to grant doctoral degrees; or (b) a foreign college or university deemed to be equivalent to by a foreign credential

evaluation service that is a member of the National Association of Credential Evaluation

Services or by a recognized foreign credential evaluation service; (2) Hold a graduate degree in psychology that meets the following criteria: the program,

wherever it may be administratively housed, shall be clearly identified and labeled

as a psychology program. Such a program shall specify in pertinent institutional catalogues and brochures

its intent to educate and train professional psychologists; the psychology program

shall stand as a recognizable, coherent, organizational entity within the institution;

there shall be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines; the program shall

consist of an integrated, organized sequence of study; there shall be an identifiable

psychology faculty sufficient in size and breadth to carry out its responsibilities;

the designated director of the program shall be a psychologist and a member of the

core faculty; the program shall have an identifiable body of students who are matriculated

in that program for a degree; the program shall include supervised practicum, internship,

or field training appropriate to the practice of psychology; the curriculum shall

encompass a minimum of three academic years of full-time graduate study for a doctoral

degree and a minimum of one academic year of full-time graduate study for a master's

degree; the program includes an acceptable residency as defined by the rules of the

commission; (3) Possess a current, full and unrestricted license to practice psychology in a home

state that is a compact state; have no history of adverse action that violate the

rules of the commission; have no criminal record history reported on an identity

history summary that violates the rules of the commission; possess a current, active

e.passport; (4) Provide attestations in regard to areas of intended practice, conformity with

standards of practice, competence in telepsychology technology; criminal background;

and knowledge and adherence to legal requirements in the home and receiving states,

and (5) Provide a release of information to allow for primary source verification in a

manner specified by the commission; and meet other criteria as defined by the rules

of the commission. c. The home state maintains authority over the license of any psychologist practicing

into a receiving state under the authority to practice interjurisdictional telepsychology. d. A psychologist practicing into a receiving state under the authority to practice

interjurisdictional telepsychology will be subject to the receiving state's scope

of practice. A receiving state may, in accordance with that state's due process law, limit or

revoke a psychologist's authority to practice interjurisdictional telepsychology in

the receiving state and may take any other necessary actions under the receiving state's

applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state

and the commission. e. If a psychologist's license in any home state, another compact state, or any authority

to practice interjurisdictional telepsychology in any receiving state, is restricted,

suspended or otherwise limited, the e.passport shall be revoked and therefore the

psychologist shall not be eligible to practice telepsychology in a compact state under

the authority to practice interjurisdictional telepsychology. V. Compact Temporary Authorization to Practice. a. Compact States shall also recognize the right of a psychologist, licensed in a

compact state in conformance with Article III, to practice temporarily in other distant

states in which the psychologist is not licensed, as provided in the compact. b. To exercise the temporary authorization to practice under the terms and provisions

of this compact, a psychologist licensed to practice in a compact state shall: (1) Hold a graduate degree in psychology from an institute of higher education that

was, at the time the degree was awarded: (a) Regionally accredited by an accrediting body recognized by the federal Department

of Education to grant graduate degrees, or authorized by Provincial Statute or Royal

Charter to grant doctoral degrees; or (b) a foreign college or university deemed to be equivalent by a foreign credential

evaluation service that is a member of the National Association of Credential Evaluation

Services or by a recognized foreign credential evaluation service; (2) Hold a graduate degree in psychology that meets the following criteria: the program,

wherever it may be administratively housed, shall be clearly identified and labeled

as a psychology program and shall specify in pertinent institutional catalogues and

brochures its intent to educate and train professional psychologists; the psychology

program shall stand as a recognizable, coherent, organizational entity within the

institution; there shall be a clear authority and primary responsibility for the

core and specialty areas whether or not the program cuts across administrative lines;

the program shall consist of an integrated, organized sequence of study; there shall

be an identifiable psychology faculty sufficient in size and breadth to carry out

its responsibilities; the designated director of the program shall be a psychologist

and a member of the core faculty; the program shall have an identifiable body of

students who are matriculated in that program for a degree; the program shall include

supervised practicum, internship, or field training appropriate to the practice of

psychology; the curriculum shall encompass a minimum of three academic years of full-time

graduate study for doctoral degrees and a minimum of one academic year of full-time

graduate study for master's degree; and the program includes an acceptable residency

as defined by the rules of the commission; (3) Possess a current, full and unrestricted license to practice psychology in a home

state that is a compact state; no history of adverse action that violate the rules

of the commission; and have no criminal record history that violates the rules of

the commission; (4) Possess a current, active IPC; (5) Provide attestations in regard to areas of intended practice and work experience

and provide a release of information to allow for primary source verification in a

manner specified by the commission; and (6) Meet other criteria as defined by the rules of the commission. c. A psychologist practicing into a distant state under the temporary authorization

to practice shall practice within the scope of practice authorized by the distant

state. d. A psychologist practicing into a distant state under the temporary authorization

to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke

a psychologist's temporary authorization to practice in the distant state and may

take any other necessary actions under the distant state's applicable law to protect

the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state

and the commission. e. If a psychologist's license in any home state, another compact state, or any temporary

authorization to practice in any distant state, is restricted, suspended or otherwise

limited, the IPC shall be revoked and therefore the psychologist shall not be eligible

to practice in a compact state under the temporary authorization to practice. VI. Conditions of Telepsychology Practice in a Receiving State. A psychologist may practice in a receiving state under the authority to practice interjurisdictional

telepsychology only in the performance of the scope of practice for psychology as

assigned by an appropriate state psychology regulatory authority, as defined in the

rules of the commission, and under the following circumstances: the psychologist

initiates a client or patient contact in a home state via telecommunications technologies

with a client or patient in a receiving state; and other conditions regarding telepsychology

as determined by rules promulgated by the commission. VII. Adverse Actions a. A home state shall have the power to impose adverse action against a psychologist's

license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's

temporary authorization to practice within that distant State. b. A receiving state may take adverse action on a psychologist's authority to practice

interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse

action taken by a distant state regarding temporary in-person, face-to-face practice. c. If a home state takes adverse action against a psychologist's license, that psychologist's

authority to practice interjurisdictional telepsychology is terminated and the e.passport

is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated

and the IPC is revoked. All home state disciplinary orders that impose adverse action shall be reported

to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the

commission. In the event discipline is reported on a psychologist, the psychologist will not

be eligible for telepsychology or temporary in-person, face-to-face practice in accordance

with the rules of the commission. Other actions may be imposed as determined by the rules promulgated by the commission. d. A home state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a licensee that

occurred in a receiving state as it would if such conduct had occurred by a licensee

within the home state. In such cases, the home state's law shall control in determining any adverse action

against a psychologist's license. e. A distant state's psychology regulatory authority shall investigate and take appropriate

action with respect to reported inappropriate conduct engaged in by a psychologist

practicing under temporary authorization practice that occurred in that distant state

as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law shall control in determining any adverse action

against a psychologist's temporary authorization to practice. f. Nothing in this compact shall override a compact state's decision that a psychologist's

participation in an alternative program may be used in lieu of adverse action and

that such participation shall remain non-public if required by the compact state's

law. Compact states shall require psychologists who enter any alternative programs to

not provide telepsychology services under the authority to practice interjurisdictional

telepsychology or provide temporary psychological services under the temporary authorization

to practice in any other compact state during the term of the alternative program. g. No other judicial or administrative remedies shall be available to a psychologist

in the event a compact state imposes an adverse action pursuant to subsection c. of

this section. VIII. Additional Authorities Invested in a Compact State's Psychology. In addition to any other powers granted under state law, a compact state's psychology

regulatory authority shall have the authority under this compact to: issue subpoenas,

for both hearings and investigations, which require the attendance and testimony of

witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance

and testimony of witnesses, or the production of evidence from another compact state,

shall be enforced in the latter state by any court of competent jurisdiction, according

to that court's practice and procedure in considering subpoenas issued in its own

proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel

expenses, mileage, and other fees required by the service statutes of the state where

the witnesses, evidence, or both are located; and issue cease and desist orders and

injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional

telepsychology, temporary authorization to practice, or both. During the course of any investigation, a psychologist may not change his or her

home state licensure. A home state psychology regulatory authority is authorized to complete any pending

investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions

of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation,

the psychologist may change his or her home state licensure. The commission shall promptly notify the new home state of any such decisions as

provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant

to the psychologist shall be confidential, filed under seal, and used for investigatory

or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing

of information by compact states. IX. Coordinated Licensure Information System. a. The commission shall provide for the development and maintenance of a coordinated

licensure database and reporting system containing licensure and disciplinary action

information on all psychologists to whom this compact is applicable in all compact

states as defined by the rules of the commission. b. Notwithstanding any other provision of state law to the contrary, a compact state

shall submit a uniform data set to the coordinated database on all licensees as required

by the rules of the commission, including: identifying information; licensure data;

significant investigatory information; adverse actions against a psychologist's license;

an indicator that a psychologist's authority to practice interjurisdictional telepsychology

or temporary authorization to practice is revoked; non-confidential information related

to alternative program participation information; any denial of application for licensure,

and the reasons for such denial; and other information that may facilitate the administration

of this compact, as determined by the rules of the commission. c. The coordinated database administrator shall promptly notify all compact states

of any adverse action taken against, or significant investigative information on,

any licensee in a compact state. d. Compact states reporting information to the coordinated database may designate

information that may not be shared with the public without the express permission

of the compact state reporting the information. e. Any information submitted to the coordinated database that is subsequently required

to be expunged by the law of the compact state reporting the information shall be

removed from the coordinated database. X. Establishment of the Psychology Interjurisdictional Compact Commission. a. The compact states hereby create and establish a joint public agency known as the

Psychology Interjurisdictional Compact Commission. The commission is a body politic and an instrumentality of the compact States. Venue is proper and judicial proceedings by or against the commission shall be brought

solely and exclusively in a court of competent jurisdiction where the principal office

of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts

or consents to participate in alternative dispute resolution proceedings. Nothing in this compact shall be construed to be a waiver of sovereign immunity. b. (1) The commission shall consist of one voting representative appointed by each

compact state who shall serve as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. The delegate shall be empowered to act on behalf of the compact state. The delegate shall be either the executive director, executive secretary or similar

executive; current member of the state psychology regulatory authority of a compact

state; or designee empowered with the appropriate delegate authority to act on behalf

of the compact state. Any commissioner may be removed or suspended from office as provided by the law

of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws

of the compact state in which the vacancy exists. Each commissioner shall be entitled to one vote with regard to the promulgation

of rules and creation of bylaws and shall otherwise have an opportunity to participate

in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone

or other means of communication. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. All meetings shall be open to the public, and public notice of meetings shall be

given in the same manner as required under the rulemaking provisions in Article XI. The commission may convene in a closed, non-public meeting if the commission shall

discuss: non-compliance of a compact state with its obligations under the compact;

the employment, compensation, discipline or other personnel matters, practices or

procedures related to specific employees or other matters related to the commission's

internal personnel practices and procedures; current, threatened, or reasonably anticipated

litigation against the commission; negotiation of contracts for the purchase or sale

of goods, services or real estate; accusation against any person of a crime or formally

censuring any person; disclosure of trade secrets or commercial or financial information

that is privileged or confidential; disclosure of information of a personal nature

where disclosure would constitute a clearly unwarranted invasion of personal privacy;

disclosure of investigatory records compiled for law enforcement purposes; disclosure

of information related to any investigatory reports prepared by or on behalf of or

for use of the commission or other committee charged with responsibility for investigation

or determination of compliance issues pursuant to the compact; or matters specifically

exempted from disclosure by federal and state statute. (2) If a meeting, or portion of a meeting, is closed pursuant to paragraph (1) of

this subsection, the commission's legal counsel or designee shall certify that the

meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, of any

person participating in the meeting, and the reasons therefore, including a description

of the views expressed. All documents considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain under seal, subject to

release only by a majority vote of the commission or order of a court of competent

jurisdiction. c. The commission shall, by a majority vote of the commissioners, prescribe bylaws,

rules, or both to govern its conduct as may be necessary or appropriate to carry out

the purposes and exercise the powers of the compact, including but not limited to:

establishing the fiscal year of the commission; providing reasonable standards and

procedures for the establishment and meetings of other committees and for governing

any general or specific delegation of any authority or function of the commission;

providing reasonable procedures for calling and conducting meetings of the commission;

establishing the titles, duties and authority and reasonable procedures for the election

of the officers of the commission; providing reasonable standards and procedures

for the establishment of the personnel policies and programs of the commission; promulgating

a code of ethics to address permissible and prohibited activities of commission members

and employees; providing a mechanism for concluding the operations of the commission

and the equitable disposition of any surplus funds that may exist after the termination

of the compact after the payment and reserving of all of its debts and obligations;

and ensuring reasonable advance notice of all meetings and providing an opportunity

for attendance of such meetings by interested parties, with enumerated exceptions

designed to protect the public's interest, the privacy of individuals of such proceedings,

and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners

vote to close a meeting to the public in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close

the meeting revealing the vote of each commissioner with no proxy votes allowed. Notwithstanding any civil service or other similar law of any compact state, the bylaws

shall exclusively govern the personnel policies and programs of the commission. The commission shall publish its bylaws in a convenient form and file a copy thereof

and a copy of any amendment thereto, with the appropriate agency or officer in each

of the compact states. The commission shall maintain its financial records in accordance with the bylaws,

and shall meet and take such actions as are consistent with the provisions of this

compact and the bylaws. d. The commission shall have the following powers: (1) the authority to promulgate uniform rules to facilitate and coordinate implementation

and administration of this compact, which rule shall have the force and effect of

law and shall be binding in all compact states; (2) to bring and prosecute legal proceedings or actions in the name of the commission,

provided that the standing of any state psychology regulatory authority or other regulatory

body responsible for psychology licensure to sue or be sued under applicable law shall

not be affected; (3) to purchase and maintain insurance and bonds; (4) to borrow, accept or contract for services of personnel, including, but not limited

to, employees of a compact state; (5) to hire employees, elect or appoint officers, fix compensation, define duties,

grant such individuals appropriate authority to carry out the purposes of the compact,

and to establish the commission's personnel policies and programs relating to conflicts

of interest, qualifications of personnel, and other related personnel matters; (6) to accept any and all appropriate donations and grants of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of the same, provided

that at all times the commission shall strive to avoid any appearance of impropriety

or conflict of interest; (7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to

own, hold, improve, or use, any real, personal, or mixed property, provided that at

all times the commission shall strive to avoid any appearance of impropriety; (8) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose

of any real, personal, or mixed property; (9) to establish a budget and make expenditures; (10) to borrow money; (11) to appoint committees, including advisory committees comprised of members, state

regulators, state legislators or their representatives, and consumer representatives,

and such other interested persons as may be designated in this compact and the bylaws; (12) to provide and receive information from, and to cooperate with, law enforcement

agencies; (13) to adopt and use an official seal; and (14) to perform such other functions as may be necessary or appropriate to achieve

the purposes of this compact consistent with the state regulation of psychology licensure,

temporary in-person face-to-face practice, and telepsychology practice. e. The elected officers shall serve as the executive board, which shall have the power

to act on behalf of the commission according to the terms of this compact. (1) The executive board shall comprise six members: five voting members who are elected

from the current membership of the commission by the commission and one ex-officio,

nonvoting member from the recognized membership organization composed of state and

provincial psychology regulatory authorities. The ex-officio member shall have served as staff or member on a state psychology

regulatory authority and will be selected by its respective organization. The commission may remove any member of the executive board as provided in bylaws. The executive board shall meet at least annually. (2) The executive board shall have the following duties and responsibilities: recommend

to the entire commission changes to the rules or bylaws, changes to this compact legislation,

fees paid by compact states such as annual dues, and any other applicable fees; ensure

compact administration services are appropriately provided, contractual or otherwise;

prepare and recommend the budget; maintain financial records on behalf of the commission;

monitor compact compliance of member states and provide compliance reports to the

commission; establish additional committees as necessary; and other duties as provided

in rules or bylaws. f. The commission shall pay, or provide for the payment of, the reasonable expenses

of its establishment, organization and ongoing activities. The commission may accept any and all appropriate revenue sources, donations, and

grants of money, equipment, supplies, materials and services. The commission may levy on and collect an annual assessment from each compact state

or impose fees on other parties to cover the cost of the operations and activities

of the commission and its staff, which assessment shall be in a total amount sufficient

to cover its annual budget as approved each year for which revenue is not provided

by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to

be determined by the commission, which shall promulgate a rule binding upon all compact

states. The commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the commission pledge the credit of any of the

compact states, except by and with the authority of the compact state. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and

accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited

yearly by a certified or licensed public accountant, and the report of the audit shall

be included in, and become part of, the annual report of the commission. g. The members, officers, executive director, employees and representatives of the

commission shall be immune from suit and liability, either personally or in their

official capacity, for any claim for damage to or loss of property or personal injury

or other civil liability caused by or arising out of any actual or alleged act, error

or omission that occurred, or that the person against whom the claim is made had a

reasonable basis for believing occurred, within the scope of commission employment,

duties or responsibilities; provided that nothing in this subsection shall be construed

to protect any such person from suit or liability for any damage, loss, injury, or

liability caused by the intentional or willful or wanton misconduct of that person. The commission shall defend any member, officer, executive director, employee, or

representative of the commission in any civil action seeking to impose liability arising

out of any actual or alleged act, error or omission that occurred within the scope

of commission employment, duties, or responsibilities, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope

of commission employment, duties or responsibilities; provided that nothing herein

shall be construed to prohibit that person from retaining the person's own counsel;

and provided further, that the actual or alleged act, error, or omission did not result

from that person's intentional or willful or wanton misconduct. The commission shall indemnify and hold harmless any member, officer, executive

director, employee, or representative of the commission for the amount of any settlement

or judgment obtained against that person arising out of any actual or alleged act,

error or omission that occurred within the scope of commission employment, duties,

or responsibilities, or that such person had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities, provided that

the actual or alleged act, error, or omission did not result from the intentional

or willful or wanton misconduct of that person. XI. Rulemaking. a. The commission shall exercise its rulemaking powers pursuant to the criteria set

forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule

or amendment. b. If a majority of the legislatures of the compact states rejects a rule, by enactment

of a statute or resolution in the same manner used to adopt the compact, then such

rule shall have no further force and effect in any compact State. c. Rules or amendments to the rules shall be adopted at a regular or special meeting

of the commission. d. Prior to promulgation and adoption of a final rule or rules by the commission,

and at least 60 days in advance of the meeting at which the rule will be considered

and voted upon, the commission shall file a notice of proposed rulemaking: on the

website of the commission; and on the website of each compact states' psychology

regulatory authority or the publication in which each state would otherwise publish

proposed rules. e. The notice of proposed rulemaking shall include: the proposed time, date, and

location of the meeting in which the rule will be considered and voted upon; the

text of the proposed rule or amendment and the reason for the proposed rule; a request

for comments on the proposed rule from any interested person; and the manner in which

interested persons may submit notice to the commission of their intention to attend

the public hearing and any written comments. f. Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which submitted materials shall be made

available to the public. g. The commission shall grant an opportunity for a public hearing before it adopts

a rule or amendment if a hearing is requested by: at least 25 persons who submit

comments independently of each other; a governmental subdivision or agency; or a

duly appointed person in an association that has at least 25 members. h. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled date

of the hearing. Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing. No transcript of the hearing is required, unless a written request for a transcript

is made, in which case the person requesting the transcript shall bear the cost of

producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions

as a transcript. This subsection shall not preclude the commission from making a transcript or recording

of the hearing if it so chooses. Nothing in this section shall be construed as requiring a separate hearing on each

rule. Rules may be grouped for the convenience of the commission at hearings required

by this section. i. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written

and oral comments received. j. The commission shall, by majority vote of all members, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on

the rulemaking record and the full text of the rule. k. If no written notice of intent to attend the public hearing by interested parties

is received, the commission may proceed with promulgation of the proposed rule without

a public hearing. l . Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing, provided

that the usual rulemaking procedures provided in the compact and in this section shall

be retroactively applied to the rule as soon as reasonably possible, in no event later

than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted

immediately in order to: meet an imminent threat to public health, safety, or welfare;

prevent a loss of commission or compact state funds; meet a deadline for the promulgation

of an administrative rule that is established by federal law or rule; or protect

public health and safety. m. The commission or an authorized committee of the commission may direct revisions

to a previously adopted rule or amendment for purposes of correcting typographical

errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days

after posting. The revision may be challenged only on grounds that the revision results in a material

change to a rule. A challenge shall be made in writing and delivered to the chair of the commission

prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval

of the commission. XII. Oversight, Dispute Resolution, and Enforcement a. The executive, legislative, and judicial branches of state government in each compact

state shall enforce this compact and take all actions necessary and appropriate to

effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing

as statutory law. All courts shall take judicial notice of the compact and the rules in any judicial

or administrative proceeding in a compact state pertaining to the subject matter of

this compact that may affect the powers, responsibilities or actions of the commission. The commission shall be entitled to receive service of process in any such proceeding,

and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment

or order void as to the commission, this compact or promulgated rules. b. If the commission determines that a compact state has defaulted in the performance

of its obligations or responsibilities under this compact or the promulgated rules,

the commission shall: provide written notice to the defaulting state and other compact

states of the nature of the default, the proposed means of remedying the default,

and any other action to be taken by the commission; and provide remedial training

and specific technical assistance regarding the default. If a state in default fails to remedy the default, the defaulting state may be terminated

from the compact upon an affirmative vote of a majority of the compact states, and

all rights, privileges, and benefits conferred by this compact shall be terminated

on the effective date of termination. A remedy of the default shall not relieve the offending state of obligations or

liabilities incurred during the period of default. Termination of membership in the compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to

the governor, the majority and minority leaders of the defaulting state's legislature,

and each of the compact states. A compact state that has been terminated is responsible for all assessments, obligations,

and liabilities incurred through the effective date of termination, including obligations

that extend beyond the effective date of termination. The commission shall not bear any costs incurred by the state that is found to be

in default or that has been terminated from the compact, unless agreed upon in writing

between the commission and the defaulting state. The defaulting state may appeal the action of the commission by petitioning the

United States District Court for the state of Georgia or the federal district where

the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable

attorney's fees. c. Upon request by a compact state, the commission shall attempt to resolve disputes

related to the compact that arise among compact states and between compact and non-compact

states. The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes that arise before the commission. d. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact. By majority vote, the commission may initiate legal action in the United States

District Court for the state of Georgia or the federal district where the compact

has its principal offices against a compact state in default to enforce compliance

with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. XIII. Date of Implementation of the Psychology Interjurisdictional Compact Commission

and Associated Rules, Withdrawal, and Amendments. a. The compact shall come into effect on the date on which the compact is enacted

into law in the seventh compact state. The provisions that become effective at that time shall be limited to the powers

granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to

the implementation and administration of the compact. b. Any state that joins the compact subsequent to the commission's initial adoption

of the rules shall be subject to the rules as they exist on the date on which the

compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full

force and effect of law on the day the compact becomes law in that state. c. Any compact state may withdraw from this compact by enacting a statute repealing

the same. A compact state's withdrawal shall not take effect until six months after enactment

of the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing state's

psychology regulatory authority to comply with the investigative and adverse action

reporting requirements of this act prior to the effective date of withdrawal. d. Nothing contained in this compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a compact

state and a non-compact state that does not conflict with the provisions of this compact. e. This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact

state until it is enacted into the law of all compact states. XIV. Construction and Severability. a. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto,

the compact shall remain in full force and effect as to the remaining compact states. When the Governor executes the compact on behalf of this State and when the compact

is ratified by one or more other states, then the compact shall become operative and

effective between this State and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary

to complete the exchange of official documents between this State and any other state

ratifying the compact. b. The compact administrator who represents this State, as provided in the compact,

shall not be entitled to any additional compensation for the administrator's duties

and responsibilities as compact administrator but shall be entitled to reimbursement

for reasonable expenses actually incurred in connection with the administrator's duties

and responsibilities as compact administrator in the same manner as for expenses incurred

in connection with other duties and responsibilities of office or employment.