Regular Session 2019-2020 Senate Bill 0067 P.N. 0060

PRINTER'S NO. 60

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2019

INTRODUCED BY J. WARD, BOSCOLA, PHILLIPS-HILL, BLAKE, FONTANA,

GORDNER, ARGALL, MARTIN, YAW, BARTOLOTTA, LAUGHLIN, MENSCH,

ALLOWAY AND BAKER, JANUARY 24, 2019

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

JANUARY 24, 2019

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:

20190SB0067PN0060 - 2 -

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.

20190SB0067PN0060 - 3 -

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

20190SB0067PN0060 - 4 -

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

20190SB0067PN0060 - 5 -

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

20190SB0067PN0060 - 6 -

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;

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

20190SB0067PN0060 - 7 -

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

20190SB0067PN0060 - 8 -

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

20190SB0067PN0060 - 9 -

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

20190SB0067PN0060 - 10 -

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

20190SB0067PN0060 - 11 -

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.

20190SB0067PN0060 - 12 -

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

20190SB0067PN0060 - 13 -

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

20190SB0067PN0060 - 14 -

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;

20190SB0067PN0060 - 15 -

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

20190SB0067PN0060 - 16 -

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

20190SB0067PN0060 - 17 -

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

20190SB0067PN0060 - 18 -

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

20190SB0067PN0060 - 19 -

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

20190SB0067PN0060 - 20 -

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.

20190SB0067PN0060 - 21 -

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.

20190SB0067PN0060 - 22 -

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

20190SB0067PN0060 - 23 -

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

20190SB0067PN0060 - 24 -

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:

20190SB0067PN0060 - 25 -

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;

20190SB0067PN0060 - 26 -

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;

20190SB0067PN0060 - 27 -

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;

20190SB0067PN0060 - 28 -

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

20190SB0067PN0060 - 29 -

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

20190SB0067PN0060 - 30 -

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

20190SB0067PN0060 - 31 -

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

20190SB0067PN0060 - 32 -

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

20190SB0067PN0060 - 33 -

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

20190SB0067PN0060 - 34 -

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

20190SB0067PN0060 - 35 -

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

20190SB0067PN0060 - 36 -

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

20190SB0067PN0060 - 37 -

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.

20190SB0067PN0060 - 38 -

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

20190SB0067PN0060 - 39 -

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

20190SB0067PN0060 - 40 -

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

20190SB0067PN0060 - 41 -

provided in the compact, shall not be entitled to any additional

compensation 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.

20190SB0067PN0060 - 42 -