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SF 3762

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 04:34pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health occupations; creating a psychology interjurisdictional compact;
appropriating money; proposing coding for new law in Minnesota Statutes, chapter
148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.9051] PSYCHOLOGY INTERJURISDICTIONAL COMPACT
(PSYPACT).
new text end

new text begin The psychology interjurisdictional compact is enacted into law and entered into with all
other jurisdictions legally joining in it in the form substantially specified in this section.
new text end

new text begin ARTICLE I
new text end

new text begin PURPOSE
new text end

new text begin Whereas, states license psychologists, in order to protect the public through verification
of education, training, and experience and ensure accountability for professional practice;
new text end

new text begin Whereas, this compact is intended to regulate the day to day practice of telepsychology
by psychologists across state boundaries in the performance of their psychological practice
as assigned by an appropriate authority;
new text end

new text begin 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;
new text end

new text begin 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;
new text end

new text begin 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;
new text end

new text begin Whereas, this compact does not apply when a psychologist is licensed in both the home
and receiving states; and
new text end

new text begin Whereas, this compact does not apply to permanent in-person, face-to-face practice; it
does allow for authorization of temporary psychological practice.
new text end

new text begin Consistent with these principles, this compact is designed to achieve the following
purposes and objectives:
new text end

new text begin (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 where the psychologist is not licensed to practice psychology;
new text end

new text begin (2) enhance the states' ability to protect the public's health and safety, especially client
and patient safety;
new text end

new text begin (3) encourage the cooperation of compact states in the areas of psychology licensure
and regulation;
new text end

new text begin (4) facilitate the exchange of information between compact states regarding psychologist
licensure, adverse actions, and disciplinary history;
new text end

new text begin (5) promote compliance with the laws governing psychological practice in each compact
state; and
new text end

new text begin (6) invest all compact states with the authority to hold licensed psychologists accountable
through the mutual recognition of compact state licenses.
new text end

new text begin ARTICLE II
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact, the following terms have the meanings given them.
new text end

new text begin 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.
new text end

new text begin B. "Association of State and Provincial Psychology Boards" or "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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin E. "Client" and "patient" means the recipient of psychological services, including
psychological services that are delivered in the context of healthcare, corporate, supervision,
or consulting services.
new text end

new text begin F. "Commissioner" means the voting representative appointed by each state psychology
regulatory authority pursuant to Article X.
new text end

new text begin G. "Compact state" means a state, the District of Columbia, or a 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.
new text end

new text begin 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.
new text end

new text begin I. "Confidentiality" means data or information is not made available or disclosed to
unauthorized persons or processes.
new text end

new text begin J. "Day" means any part of a day in which psychological work is performed.
new text end

new text begin K. "Distant state" means the compact state where a psychologist is physically present
to provide temporary in-person and face-to-face psychological services, not through the use
of telecommunications technologies.
new text end

new text begin L. "E.Passport" means a certificate issued by the ASPPB that promotes the standardization
in the criteria of interjurisdictional telepsychology practice and facilitates the process for
licensed psychologists to provide telepsychological services across state lines.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin P. "In-person, face-to-face" means interactions in which the psychologist and the client
or patient are in the same physical space and does not include interactions that may occur
through the use of telecommunication technologies.
new text end

new text begin Q. "Interjurisdictional Practice Certificate" or "IPC" means a certificate issued by ASPPB
that grants temporary authority to practice based on notification to the state psychology
regulatory authority of the intention to practice temporarily and the verification of the
psychologist's qualifications for such practice.
new text end

new text begin 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.
new text end

new text begin S. "Noncompact state" means any state which is not at the time a compact state.
new text end

new text begin T. "Psychologist" means an individual licensed for the independent practice of
psychology.
new text end

new text begin U. "Psychology Interjurisdictional Compact Commission" also referred to as
"commission" means the national administration of which all compact states are members.
new text end

new text begin V. "Receiving state" means a compact state where the client or patient is physically
located when the telepsychological services are delivered.
new text end

new text begin W. "Rule" means a written statement by the Psychology Interjurisdictional Compact
Commission that is promulgated pursuant to Article XI and is of general applicability and
implements, interprets, or prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the commission, and that has the force
and effect of a statutory law in a compact state, and that includes the amendment, repeal,
or suspension of an existing rule.
new text end

new text begin X. "Significant investigatory information" means:
new text end

new text begin (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 and that would be considered more substantial than a minor infraction;
or
new text end

new text begin (2) investigative information that indicates the psychologist represents an immediate
threat to public health and safety regardless of whether the psychologist has been notified
and had an opportunity to respond.
new text end

new text begin Y. "State" means a state, commonwealth, territory, or possession of the United States;
or the District of Columbia.
new text end

new text begin Z. "State psychology regulatory authority" means the board, office, or other agency with
the legislative mandate to license and regulate the practice of psychology.
new text end

new text begin AA. "Telepsychology" means the provision of psychological services using
telecommunication technologies.
new text end

new text begin 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.
new text end

new text begin CC. "Temporary in-person, face-to-face practice" means a psychologist is physically
present, and 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 is based on
notification to the distant state.
new text end

new text begin ARTICLE III
new text end

new text begin HOME STATE LICENSURE
new text end

new text begin A. The home state shall be a compact state where a psychologist is licensed to practice
psychology.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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:
new text end

new text begin (1) currently requires the psychologist to hold an active E.Passport;
new text end

new text begin (2) has a mechanism in place for receiving and investigating complaints about licensed
individuals;
new text end

new text begin (3) notifies the commission, in compliance with the terms herein, of any adverse action
or significant investigatory information regarding a licensed individual;
new text end

new text begin (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 FBI or other designee with similar authority, no later than ten years
after activation of the compact; and
new text end

new text begin (5) complies with the bylaws and rules of the commission.
new text end

new text begin F. A home state's license grants temporary authorization to practice to a psychologist in
a distant state only if the compact state:
new text end

new text begin (1) currently requires the psychologist to hold an active IPC;
new text end

new text begin (2) has a mechanism in place for receiving and investigating complaints about licensed
individuals;
new text end

new text begin (3) notifies the commission, in compliance with the terms herein, of any adverse action
or significant investigatory information regarding a licensed individual;
new text end

new text begin (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 FBI or other designee with similar authority, no later than ten years
after activation of the compact; and
new text end

new text begin (5) complies with the bylaws and rules of the commission.
new text end

new text begin ARTICLE IV
new text end

new text begin COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
new text end

new text begin 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.
new text end

new text begin 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:
new text end

new text begin (1) hold a graduate degree in psychology from an institute of higher education that was,
at the time the degree was awarded:
new text end

new text begin (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
new text end

new text begin (b) a foreign college or university deemed to be equivalent to item (a) 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;
new text end

new text begin (2) hold a graduate degree in psychology that meets the following criteria:
new text end

new text begin (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;
new text end

new text begin (b) the psychology program must stand as a recognizable, coherent, organizational entity
within the institution;
new text end

new text begin (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;
new text end

new text begin (d) the program must consist of an integrated, organized sequence of study;
new text end

new text begin (e) there must be an identifiable psychology faculty sufficient in size and breadth to
carry out its responsibilities;
new text end

new text begin (f) the designated director of the program must be a psychologist and a member of the
core faculty;
new text end

new text begin (g) the program must have an identifiable body of students who are matriculated in that
program for a degree;
new text end

new text begin (h) the program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;
new text end

new text begin (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 a master's degree; and
new text end

new text begin (j) the program includes an acceptable residency as defined by the rules of the
commission;
new text end

new text begin (3) possess a current, full, and unrestricted license to practice psychology in a home
state which is a compact state;
new text end

new text begin (4) have no history of adverse action that violates the rules of the commission;
new text end

new text begin (5) have no criminal record history reported on an identity history summary that violates
the rules of the commission;
new text end

new text begin (6) possess a current, active E.Passport;
new text end

new text begin (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
new text end

new text begin (8) meet other criteria as defined by the rules of the commission.
new text end

new text begin C. The home state maintains authority over the license of any psychologist practicing
into a receiving state under the authority to practice interjurisdictional telepsychology.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin ARTICLE V
new text end

new text begin COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
new text end

new text begin 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.
new text end

new text begin 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:
new text end

new text begin (1) hold a graduate degree in psychology from an institute of higher education that was,
at the time the degree was awarded:
new text end

new text begin (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
new text end

new text begin (b) a foreign college or university deemed to be equivalent to item (a) 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;
new text end

new text begin (2) hold a graduate degree in psychology that meets the following criteria:
new text end

new text begin (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;
new text end

new text begin (b) the psychology program must stand as a recognizable, coherent, organizational entity
within the institution;
new text end

new text begin (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;
new text end

new text begin (d) the program must consist of an integrated, organized sequence of study;
new text end

new text begin (e) there must be an identifiable psychology faculty sufficient in size and breadth to
carry out its responsibilities;
new text end

new text begin (f) the designated director of the program must be a psychologist and a member of the
core faculty;
new text end

new text begin (g) the program must have an identifiable body of students who are matriculated in that
program for a degree;
new text end

new text begin (h) the program must include supervised practicum, internship, or field training
appropriate to the practice of psychology;
new text end

new text begin (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 a master's degree; and
new text end

new text begin (j) the program includes an acceptable residency as defined by the rules of the
commission;
new text end

new text begin (3) possess a current, full, and unrestricted license to practice psychology in a home
state which is a compact state;
new text end

new text begin (4) have no history of adverse action that violate the rules of the commission;
new text end

new text begin (5) have no criminal record history that violates the rules of the commission;
new text end

new text begin (6) possess a current, active IPC;
new text end

new text begin (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
new text end

new text begin (8) meet other criteria as defined by the rules of the commission.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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 the psychologist shall not be eligible to practice in a compact
state under the temporary authorization to practice.
new text end

new text begin ARTICLE VI
new text end

new text begin CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
new text end

new text begin 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:
new text end

new text begin (1) the psychologist initiates a client or patient contact in a home state via
telecommunications technologies with a client or patient in a receiving state; and
new text end

new text begin (2) according to other conditions regarding telepsychology as determined by rules
promulgated by the commission.
new text end

new text begin ARTICLE VII
new text end

new text begin ADVERSE ACTIONS
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (3) Other actions may be imposed as determined by the rules promulgated by the
commission.
new text end

new text begin 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.
new text end

new text begin 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 to 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, the distant
state's law shall control in determining any adverse action against a psychologist's temporary
authorization to practice.
new text end

new text begin 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 nonpublic 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.
new text end

new text begin 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 paragraph C.
new text end

new text begin ARTICLE VIII
new text end

new text begin ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S
PSYCHOLOGY REGULATORY AUTHORITY
new text end

new text begin 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:
new text end

new text begin (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
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 or evidence are located; and
new text end

new text begin (2) issue cease and desist or injunctive relief orders to revoke a psychologist's authority
to practice interjurisdictional telepsychology or temporary authorization to practice.
new text end

new text begin B. During the course of any investigation, a psychologist may not change the
psychologist's 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 the investigation, the psychologist may change
the psychologist's 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.
new text end

new text begin ARTICLE IX
new text end

new text begin COORDINATED LICENSURE INFORMATION SYSTEM
new text end

new text begin 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 to whom this compact is applicable
in all compact states as defined by the rules of the commission.
new text end

new text begin 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:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) significant investigatory information;
new text end

new text begin (4) adverse actions against a psychologist's license;
new text end

new text begin (5) an indicator that a psychologist's authority to practice interjurisdictional
telepsychology and temporary authorization to practice is revoked;
new text end

new text begin (6) nonconfidential information related to alternative program participation information;
new text end

new text begin (7) any denial of application for licensure and the reasons for the denial; and
new text end

new text begin (8) other information which may facilitate the administration of this compact, as
determined by the rules of the commission.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin ARTICLE X
new text end

new text begin ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
COMMISSION
new text end

new text begin A. The compact states hereby create and establish a joint public agency known as the
Psychology Interjurisdictional Compact Commission.
new text end

new text begin (1) The commission is a body politic and an instrumentality of the compact states.
new text end

new text begin (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.
new text end

new text begin (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin B. Membership, voting, and meetings:
new text end

new text begin (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:
new text end

new text begin (a) executive director, executive secretary, or similar executive;
new text end

new text begin (b) current member of the state psychology regulatory authority of a compact state; or
new text end

new text begin (c) designee empowered with the appropriate delegate authority to act on behalf of the
compact state.
new text end

new text begin (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.
new text end

new text begin (3) Each commissioner shall be entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission. A commissioner shall vote in person or by other
means as provided in the bylaws. The bylaws may provide for commissioners' participation
in meetings by telephone or other means of communication.
new text end

new text begin (4) The commission shall meet at least once during each calendar year. Additional
meetings shall be held as set forth in the bylaws.
new text end

new text begin (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.
new text end

new text begin (6) The commission may convene in a closed, nonpublic meeting if the commission
must discuss:
new text end

new text begin (a) non-compliance of a compact state with its obligations under the compact;
new text end

new text begin (b) 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;
new text end

new text begin (c) current, threatened, or reasonably anticipated litigation against the commission;
new text end

new text begin (d) negotiation of contracts for the purchase or sale of goods, services, or real estate;
new text end

new text begin (e) accusation against any person of a crime or formally censuring any person;
new text end

new text begin (f) disclosure of trade secrets or commercial or financial information which is privileged
or confidential;
new text end

new text begin (g) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (h) disclosure of investigatory records compiled for law enforcement purposes;
new text end

new text begin (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
new text end

new text begin (j) matters specifically exempted from disclosure by federal and state statute.
new text end

new text begin (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 by 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.
new text end

new text begin C. The commission shall, by a majority vote of the commissioners, prescribe bylaws
and 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:
new text end

new text begin (1) establishing the fiscal year of the commission;
new text end

new text begin (2) providing reasonable standards and procedures:
new text end

new text begin (a) for the establishment and meetings of other committees; and
new text end

new text begin (b) governing any general or specific delegation of any authority or function of the
commission;
new text end

new text begin (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;
new text end

new text begin (4) establishing the titles, duties, authority, and reasonable procedures for the election
of the officers of the commission;
new text end

new text begin (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;
new text end

new text begin (6) promulgating a code of ethics to address permissible and prohibited activities of
commission members and employees;
new text end

new text begin (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 reserving of all of its debts and obligations;
new text end

new text begin (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;
new text end

new text begin (9) the commission shall maintain its financial records in accordance with the bylaws;
and
new text end

new text begin (10) the commission shall meet and take such actions as are consistent with the provisions
of this compact and the bylaws.
new text end

new text begin D. The commission shall have the following powers:
new text end

new text begin (1) the authority to promulgate uniform rules to facilitate and coordinate implementation
and administration of this compact. The rules shall have the force and effect of law and
shall be binding in all compact states;
new text end

new text begin (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;
new text end

new text begin (3) to purchase and maintain insurance and bonds;
new text end

new text begin (4) to borrow, accept, or contract for services of personnel, including but not limited to
employees of a compact state;
new text end

new text begin (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 establish
the commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
new text end

new text begin (6) to accept any and all appropriate donations and grants of money; donations of
equipment, supplies, materials, and services; and receive, utilize, and dispose of the same
provided that at all times the commission shall strive to avoid any appearance of impropriety
or conflict of interest;
new text end

new text begin (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;
new text end

new text begin (8) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed;
new text end

new text begin (9) to establish a budget and make expenditures;
new text end

new text begin (10) to borrow money;
new text end

new text begin (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;
new text end

new text begin (12) to provide and receive information from, and to cooperate with, law enforcement
agencies;
new text end

new text begin (13) to adopt and use an official seal; and
new text end

new text begin (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.
new text end

new text begin E. The Executive Board:
new text end

new text begin 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.
new text end

new text begin (1) The Executive Board shall be comprised of six members:
new text end

new text begin (a) five voting members who are elected by the commission from the current membership
of the commission; and
new text end

new text begin (b) one ex-officio, nonvoting member from the recognized membership organization
composed of state and provincial psychology regulatory authorities.
new text end

new text begin (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.
new text end

new text begin (3) The commission may remove any member of the Executive Board as provided in
the bylaws.
new text end

new text begin (4) The Executive Board shall meet at least annually.
new text end

new text begin (5) The Executive Board shall have the following duties and responsibilities:
new text end

new text begin (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;
new text end

new text begin (b) ensure compact administration services are appropriately provided, contractual or
otherwise;
new text end

new text begin (c) prepare and recommend the budget;
new text end

new text begin (d) maintain financial records on behalf of the commission;
new text end

new text begin (e) monitor compact compliance of member states and provide compliance reports to
the commission;
new text end

new text begin (f) establish additional committees as necessary; and
new text end

new text begin (g) other duties as provided in rules or bylaws.
new text end

new text begin F. Financing of the commission:
new text end

new text begin (1) The commission shall pay, or provide for the payment of the reasonable expenses
of its establishment, organization, and ongoing activities.
new text end

new text begin (2) The commission may accept any and all appropriate revenue sources including
donations and grants of money, and donations of equipment, supplies, materials, and services.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin G. Qualified immunity, defense, and indemnification:
new text end

new text begin (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
liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton
misconduct of that person.
new text end

new text begin (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, willful, or wanton
misconduct.
new text end

new text begin (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, willful, or wanton
misconduct of that person.
new text end

new text begin ARTICLE XI
new text end

new text begin RULEMAKING
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin D. Prior to promulgation and adoption of a final rule or rules by the commission, and at
least 60 days in advance of the meeting at which the rule will be considered and voted upon,
the commission shall file a notice of proposed rulemaking:
new text end

new text begin (1) on the website of the commission; and
new text end

new text begin (2) on the website of each compact state's psychology regulatory authority or the
publication in which each state would otherwise publish proposed rules.
new text end

new text begin E. The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin G. The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
new text end

new text begin (1) at least 25 persons who submit comments independently of each other;
new text end

new text begin (2) a governmental subdivision or agency; or
new text end

new text begin (3) a duly appointed person in an association that has at least 25 members.
new text end

new text begin 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.
new text end

new text begin (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 business days before the scheduled date of the hearing.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin L. Upon determination that an emergency exists, the commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in the compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or compact state funds;
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
new text end

new text begin (4) protect public health and safety.
new text end

new text begin M. The commission or an authorized committee of the commission may direct revisions
to a previously adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any revisions
shall be posted on the website of the commission. The revision shall be subject to challenge
by any person for a period of 30 days after posting. The revision may be challenged only
on grounds that the revision results in a material change to a rule. A challenge shall be made
in writing, and delivered to the chair of the commission prior to the end of the notice period.
If no challenge is made, the revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval of the commission.
new text end

new text begin ARTICLE XII
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin A. Oversight:
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin B. Default, technical assistance, and termination:
new text end

new text begin (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:
new text end

new text begin (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 any other action to be
taken by the commission; and
new text end

new text begin (b) provide remedial training and specific technical assistance regarding the default.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 fees.
new text end

new text begin C. Dispute resolution:
new text end

new text begin (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
noncompact states.
new text end

new text begin (2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes that arise before the commission.
new text end

new text begin D. Enforcement:
new text end

new text begin (1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
new text end

new text begin (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 fees.
new text end

new text begin (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.
new text end

new text begin ARTICLE XIII
new text end

new text begin DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND
AMENDMENTS
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin C. Any compact state may withdraw from this compact by enacting a statute repealing
the same.
new text end

new text begin (1) A compact state's withdrawal shall not take effect until six months after enactment
of the repealing statute.
new text end

new text begin (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.
new text end

new text begin 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 noncompact state which does not conflict with the provisions of this compact.
new text end

new text begin 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.
new text end

new text begin ARTICLE XIV
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin 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.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the state government special revenue fund
to the Board of Psychologists to implement the provisions of Minnesota Statutes, section
148.9051.
new text end

Sec. 3. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective on the date the compact is enacted into law in the seventh compact
state. The Minnesota Board of Psychology shall publish the effective date of the compact
in the State Register and on the board's website.
new text end