Pennsylvania Unconsolidated Statutes|Act 19 - PSYCHOLOGY INTERJURISDICTIONAL COMPACT ACT - ENACTMENT

                                                
An Act


Authorizing the Commonwealth of Pennsylvania to join the Psychology Interjurisdictional
            Compact; providing for the form of the compact; imposing additional powers and duties
            on the Governor, the Secretary of the Commonwealth and the Compact.
         


The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:


Section 1.  Short title.

This act shall be known and may be cited as the Psychology Interjurisdictional Compact
            Act.
         

Section 2.  Authority to execute compact.

The Governor of Pennsylvania, on behalf of this State, is hereby authorized to execute
            a compact in substantially the following form with any one or more of the states of
            the United States and the General Assembly hereby signifies in advance its approval
            and ratification of the compact:
         

ARTICLE 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
            (i.e. 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:
         

1.  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 which the psychologist is not licensed to practice psychology;
         

2.  Enhance the states' ability to protect the public's health and safety, especially
            client/patient safety; 
         

3.  Encourage the cooperation of Compact States in the areas of psychology licensure and
            regulation;
         

4.  Facilitate the exchange of information between Compact States regarding psychologist
            licensure, adverse actions and disciplinary history;
         

5.  Promote compliance with the laws governing psychological practice in each Compact State;
            and
         

6.  Invest all Compact States with the authority to hold licensed psychologists accountable
            through the mutual recognition of Compact State licenses.
         

ARTICLE II

DEFINITIONS

A.  "Adverse Action" means: Any action taken by a State Psychology Regulatory Authority
            which 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.
         

B.  "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.
         

C.  "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.
         

D.  "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.
         

E.  "Client/Patient" means: the recipient of psychological services, whether psychological
            services are delivered in the context of healthcare, corporate, supervision, and/or
            consulting services.
         

F.  "Commissioner" means: the voting representative appointed by each State Psychology
            Regulatory Authority pursuant to Article X.
         

G.  "Compact State" means: a state, the District of Columbia, or United States territory
            that has enacted this Compact legislation and which has not withdrawn pursuant to
            Article XIII, Section C or been terminated pursuant to Article XII, Section B.
         

H.  "Coordinated Licensure Information System" also referred to as "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.
         

I.  "Confidentiality" means: the principle that data or information is not made available
            or disclosed to unauthorized persons and/or processes.
         

J.  "Day" means: any part of a day in which psychological work is performed.

K.  "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.
         

L.  "E.Passport" means: a certificate issued by the Association of State and Provincial
            Psychology Boards (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.
         

M.  "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.
         

N.  "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.
         

O.  "Identity History Summary" means: a summary of information retained by the FBI, or
            other designee with similar authority, in connection with arrests and, in some instances,
            federal employment, naturalization, or military service.
         

P.  "In-Person, Face-to-Face" means: interactions in which the psychologist and the client/patient
            are in the same physical space and which does not include interactions that may occur
            through the use of telecommunication technologies.
         

Q.  "Interjurisdictional Practice Certificate (IPC)" means: a certificate issued by the
            Association of State and Provincial Psychology Boards (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.
         

R.  "License" means: authorization by a State Psychology Regulatory Authority to engage
            in the independent practice of psychology, which would be unlawful without the authorization.
         

S.  "Non-Compact State" means: any State which is not at the time a Compact State.

T.  "Psychologist" means: an individual licensed for the independent practice of psychology.

U.  "Psychology Interjurisdictional Compact Commission" also referred to as "Commission"
            means: the national administration of which all Compact States are members.
         

V.  "Receiving State" means: a Compact State where the client/patient is physically located
            when the telepsychological services are delivered.
         

W.  "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.
         

X.  "Significant Investigatory Information" means:

1.  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
         

2.  investigative information that indicates that the psychologist represents an immediate
            threat to public health and safety regardless of whether the psychologist has been
            notified and/or had an opportunity to respond.
         

Y.  "State" means: a state, commonwealth, territory, or possession of the United States,
            the District of Columbia.
         

Z.  "State Psychology Regulatory Authority" means: the Board, office or other agency with
            the legislative mandate to license and regulate the practice of psychology.
         

AA.  "Telepsychology" means: the provision of psychological services using telecommunication
            technologies.
         

BB.  "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.
         

CC.  "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.
         

ARTICLE 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:
         

1.  Currently requires the psychologist to hold an active E.Passport;

2.  Has a mechanism in place for receiving and investigating complaints about licensed
            individuals;
         

3.  Notifies the Commission, in compliance with the terms herein, of any adverse action
            or significant investigatory information regarding a licensed individual;
         

4.  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 FBI, or other designee with
            similar authority, no later than ten years after activation of the Compact; and
         

5.  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:
         

1.  Currently requires the psychologist to hold an active IPC;

2.  Has a mechanism in place for receiving and investigating complaints about licensed
            individuals;
         

3.  Notifies the Commission, in compliance with the terms herein, of any adverse action
            or significant investigatory information regarding a licensed individual;
         

4.  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 FBI, or other designee with
            similar authority, no later than ten years after activation of the Compact; and
         

5.  Complies with the Bylaws and Rules of the Commission.

ARTICLE 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 (Receiving 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 must:
         

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 U.S. 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 1(a) above by a foreign
            credential evaluation service that is a member of the National Association of Credential
            Evaluation Services (NACES) or by a recognized foreign credential evaluation service;
            and
         

2.  Hold a graduate degree in psychology that meets the following criteria:

a.  The program, wherever it may be administratively housed, must be clearly identified
            and labeled as a psychology program. Such a program must specify in pertinent institutional
            catalogues and brochures its intent to educate and train professional psychologists;
         

b.  The psychology program must stand as a recognizable, coherent, organizational entity
            within the institution;
         

c.  There must be a clear authority and primary responsibility for the core and specialty
            areas whether or not the program cuts across administrative lines;
         

d.  The program must consist of an integrated, organized sequence of study;

e.  There must be an identifiable psychology faculty sufficient in size and breadth to
            carry out its responsibilities;
         

f.  The designated director of the program must be a psychologist and a member of the
            core faculty;
         

g.  The program must have an identifiable body of students who are matriculated in that
            program for a degree;
         

h.  The program must include supervised practicum, internship, or field training appropriate
            to the practice of psychology;
         

i.  The curriculum shall encompass a minimum of three academic years of full-time graduate
            study for doctoral degree and a minimum of one academic year of full-time graduate
            study for master's degree;
         

j.  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 which is a Compact State;
         

4.  Have no history of adverse action that violate the Rules of the Commission;

5.  Have no criminal record history reported on an Identity History Summary that violates
            the Rules of the Commission;
         

6.  Possess a current, active E.Passport;

7.  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 provide
            a release of information to allow for primary source verification in a manner specified
            by the Commission; and
         

8.  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.
         

ARTICLE 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 Compact States
            (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 must:
         

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 U.S. 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 1(a) above by a foreign
            credential evaluation service that is a member of the National Association of Credential
            Evaluation Services (NACES) or by a recognized foreign credential evaluation service;
            and
         

2.  Hold a graduate degree in psychology that meets the following criteria:

a.  The program, wherever it may be administratively housed, must be clearly identified
            and labeled as a psychology program. Such a program must specify in pertinent institutional
            catalogs and brochures its intent to educate and train professional psychologists;
         

b.  The psychology program must stand as a recognizable, coherent, organizational entity
            within the institution;
         

c.  There must be a clear authority and primary responsibility for the core and specialty
            areas whether or not the program cuts across administrative lines;
         

d.  The program must consist of an integrated, organized sequence of study;

e.  There must be an identifiable psychology faculty sufficient in size and breadth to
            carry out its responsibilities;
         

f.  The designated director of the program must be a psychologist and a member of the
            core faculty;
         

g.  The program must have an identifiable body of students who are matriculated in that
            program for a degree;
         

h.  The program must include supervised practicum, internship, or field training appropriate
            to the practice of psychology;
         

i.  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;
         

j.  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 which is a Compact State;
         

4.  No history of adverse action that violate the Rules of the Commission;

5.  No criminal record history that violates the Rules of the Commission;

6.  Possess a current, active IPC;

7.  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
         

8.  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.
         

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE

IN A RECEIVING STATE

A.  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:
         

1.  The psychologist initiates a client/patient contact in a Home State via telecommunications
            technologies with a client/patient in a Receiving State;
         

2.  Other conditions regarding telepsychology as determined by Rules promulgated by the
            Commission.
         

ARTICLE 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.
         

1.  All Home State disciplinary orders which 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.
         

2.  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.
         

3.  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 which
            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 which 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 must 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, above.
         

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED

IN A COMPACT STATE'S PSYCHOLOGY

REGULATORY AUTHORITY

A.  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:
         

1.  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,
            and/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
            and/or evidence are located; and
         

2.  Issue cease and desist and/or injunctive relief orders to revoke a psychologist's
            Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization
            to Practice.
         

3.  During the course of any investigation, a psychologist may not change his/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/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.
         

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM

A.  The Commission shall provide for the development and maintenance of a Coordinated
            Licensure Information System (Coordinated Database) and reporting system containing
            licensure and disciplinary action information on all psychologists individuals 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:
         

1.  Identifying information;

2.  Licensure data;

3.  Significant investigatory information;

4.  Adverse actions against a psychologist's license;

5.  An indicator that a psychologist's Authority to Practice Interjurisdictional Telepsychology
            and/or Temporary Authorization to Practice is revoked;
         

6.  Non-confidential information related to alternative program participation information;

7.  Any denial of application for licensure, and the reasons for such denial; and

8.  Other information which 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.
         

ARTICLE 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.
         

1.  The Commission is a body politic and an instrumentality of the Compact States.

2.  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.
         

3.  Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B.  Membership, Voting, and Meetings

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. This delegate shall be empowered to act on behalf
            of the Compact State.  This delegate shall be limited to:
         

a.  Executive Director, Executive Secretary or similar executive;

b.  Current member of the State Psychology Regulatory Authority of a Compact State; or

c.  Designee empowered with the appropriate delegate authority to act on behalf of the
            Compact State.
         

2.  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.
         

3.  Each Commissioner shall be entitled to one (1) 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.
         

4.  The Commission shall meet at least once during each calendar year. Additional meetings
            shall be held as set forth in the Bylaws.
         

5.  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.
         

6.  The Commission may convene in a closed, non-public meeting if the Commission must
            discuss:
         

a.  Non-compliance of a Compact State with its obligations under the Compact;

b.  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;
         

c.  Current, threatened, or reasonably anticipated litigation against the Commission;

d.  Negotiation of contracts for the purchase or sale of goods, services or real estate;

e.  Accusation against any person of a crime or formally censuring any person;

f.  Disclosure of trade secrets or commercial or financial information which is privileged
            or confidential;
         

g.  Disclosure of information of a personal nature where disclosure would constitute a
            clearly unwarranted invasion of personal privacy;
         

h.  Disclosure of investigatory records compiled for law enforcement purposes;

i.  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
         

j.  Matters specifically exempted from disclosure by federal and state statute.

7.  If a meeting, or portion of a meeting, is closed pursuant to this provision, 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 which 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 and/or
            Rules 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:
         

1.  Establishing the fiscal year of the Commission;

2.  Providing reasonable standards and procedures:

a.  for the establishment and meetings of other committees; and

b.  governing any general or specific delegation of any authority or function of the Commission;

3.  Providing reasonable procedures for calling and conducting meetings of the Commission,
            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 must make public
            a copy of the vote to close the meeting revealing the vote of each Commissioner with
            no proxy votes allowed;
         

4.  Establishing the titles, duties and authority and reasonable procedures for the election
            of the officers of the Commission;
         

5.  Providing reasonable standards and procedures for the establishment of the personnel
            policies and programs of the Commission. 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;
         

6.  Promulgating a Code of Ethics to address permissible and prohibited activities of
            Commission members and employees;  
         

7.  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/or reserving of all of its debts and obligations;
         

8.  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;
         

9.  The Commission shall maintain its financial records in accordance with the Bylaws;
            and
         

10.  The Commission 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. The 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
            and/or conflict of interest;
         

7.  To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
            hold, improve or use, any property, real, personal or mixed; 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 property real, personal or mixed;
         

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 Executive Board

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 be comprised of six members:

a.  Five voting members who are elected from the current membership of the Commission
            by the Commission;
         

b.  One ex-officio, nonvoting member from the recognized membership organization composed
            of State and Provincial Psychology Regulatory Authorities.
         

2.  The ex-officio member must have served as staff or member on a State Psychology Regulatory
            Authority and will be selected by its respective organization.
         

3.  The Commission may remove any member of the Executive Board as provided in Bylaws.

4.  The Executive Board shall meet at least annually.

5.  The Executive Board shall have the following duties and responsibilities:

a.  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;
         

b.  Ensure Compact administration services are appropriately provided, contractual or
            otherwise;
         

c.  Prepare and recommend the budget;

d.  Maintain financial records on behalf of the Commission;

e.  Monitor Compact compliance of member states and provide compliance reports to the
            Commission;
         

f.  Establish additional committees as necessary; and

g.  Other duties as provided in Rules or Bylaws.

F.  Financing of the Commission

1.  The Commission shall pay, or provide for the payment of the reasonable expenses of
            its establishment, organization and ongoing activities.
         

2.  The Commission may accept any and all appropriate revenue sources, donations and grants
            of money, equipment, supplies, materials and services.
         

3.  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 must 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.
         

4.  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.
         

5.  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. However, 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.  Qualified Immunity, Defense, and Indemnification

1.  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 paragraph shall be construed to protect
            any such person from suit and/or liability for any damage, loss, injury or liability
            caused by the intentional or willful or wanton misconduct of that person.
         

2.  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 his or her 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.
         

3.  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.
         

ARTICLE 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 sixty (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:
         

1.  On the website of the Commission; and

2.  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:  

1.  The proposed time, date, and location of the meeting in which the rule will be considered
            and voted upon;
         

2.  The text of the proposed rule or amendment and the reason for the proposed rule;

3.  A request for comments on the proposed rule from any interested person; and

4.  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 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:
         

1.  At least twenty-five (25) persons who submit comments independently of each other;

2.  A governmental subdivision or agency; or

3.  A duly appointed person in an association that has having at least twenty-five (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.
         

1.  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 (5) business days before the scheduled
            date of the hearing.
         

2.  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.
         

3.  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.
         

4.  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 ninety (90) days after the effective date of the rule. For the purposes of this
            provision, an emergency rule is one that must be adopted immediately in order to:
         

1.  Meet an imminent threat to public health, safety, or welfare;

2.  Prevent a loss of Commission or Compact State funds;

3.  Meet a deadline for the promulgation of an administrative rule that is established
            by federal law or rule; or
         

4.  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 thirty (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.
         

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

A.  Oversight

1.  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.
         

2.  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 which may affect the powers, responsibilities or actions of the Commission.
         

3.  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.  Default, Technical Assistance, and Termination

1.  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:
         

a.  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/or any other action
            to be taken by the Commission; and
         

b.  Provide remedial training and specific technical assistance regarding the default.

2.  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 does not relieve the
            offending state of obligations or liabilities incurred during the period of default.
         

3.  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.
         

4.  A Compact State which has been terminated is responsible for all assessments, obligations
            and liabilities incurred through the effective date of termination, including obligations
            which extend beyond the effective date of termination.
         

5.  The Commission shall not bear any costs incurred by the state which is found to be
            in default or which has been terminated from the Compact, unless agreed upon in writing
            between the Commission and the defaulting state.
         

6.  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.  Dispute Resolution

1.  Upon request by a Compact State, the Commission shall attempt to resolve disputes
            related to the Compact which arise among Compact States and between Compact and Non-Compact
            States.
         

2.  The Commission shall promulgate a rule providing for both mediation and binding dispute
            resolution for disputes that arise before the commission.
         

D.  Enforcement

1.  The Commission, in the reasonable exercise of its discretion, shall enforce the provisions
            and Rules of this Compact.
         

2.  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.
         

3.  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.
         

ARTICLE 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 which 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 which 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 which 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.
         

1.  A Compact State's withdrawal shall not take effect until six (6) months after enactment
            of the repealing statute.
         

2.  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 which 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.
         

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

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.
         

Section 3.  When and how compact becomes operative.

(a)  General rule.--When the Governor executes the compact on behalf of this State and
            files a verified copy thereof with the Secretary of the Commonwealth 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)  Notice in Pennsylvania Bulletin.--The Secretary of the Commonwealth shall publish
            a notice in the Pennsylvania Bulletin when the conditions specified in subsection
            (a) are satisfied and shall include in the notice the date on which the compact became
            effective and operative between this State and any other state or states in accordance
            with this act.
         

Section 4.  Compensation and expenses of compact administrator.

The compact administrator who represents this State, as provided in the compact, shall
            not be entitled to any additional compensation for his duties and responsibilities
            as compact administrator but shall be entitled to reimbursement for reasonable expenses
            actually incurred in connection with his duties and responsibilities as compact administrator
            in the same manner as for expenses incurred in connection with other duties and responsibilities
            of his office or employment.
         

Section 5.  Effective date.

This act shall take effect in 60 days.