The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 055: Psychologists

• Subchapter 001: GENERAL PROVISIONS

• § 3001. Definitions

  As used in this chapter:

  (1) “Practice of psychology” means rendering or offering to render to individuals, groups, or organizations, for a consideration, any service involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior that are primarily drawn from the science of psychology. The science of psychology includes assessment, diagnosis, prevention, and amelioration of adjustment problems and emotional and mental disorders of individuals and groups.

  (2) “Psychologist” or “practicing psychologist” means a person who is licensed to practice psychology under this chapter.

  (3) “Psychologist-doctorate” means a person who is so licensed under this chapter.

  (4) “Psychologist-master” means a person who is so licensed under this chapter.

  (5) “Board” means the Board of Psychological Examiners established under this chapter.

  (6) “Disciplinary action” or “disciplinary cases” includes any action taken by a board against a licensee, applicant, or person engaged in supervised practice toward licensure as a psychologist, premised upon a finding of wrongdoing or unprofessional conduct by that individual. It includes all sanctions authorized under this chapter, but excluding obtaining injunctions.

  (7) “Unprofessional conduct” means conduct prohibited by section 3016 of this title or by other statutes relating to the practice of psychology, whether or not taken by a license holder.

  (8) “Financial interest” means being:

  (A) a psychologist;

  (B) a person who deals in goods and services that are uniquely related to the practice of psychology; or

  (C) a person who has invested anything of value in a business that provides psychological services.

  (9) “Institution of higher education” means a university, professional school, or other institution of higher learning that:

  (A) in the United States, is regionally accredited by bodies approved by the Council on Postsecondary Accreditation of the U.S. Department of Education;

  (B) in Canada, holds a membership in the Association of Universities and Colleges of Canada; or

  (C) in any other country, is accredited by the respective official organization having such authority.

  (10) “Professional psychology training program” means a postgraduate training program that:

  (A) is a planned program of study, defined by the Board by rule, that reflects an integration of the science and practice of psychology and emphasizes assessment, intervention, psychopathology, statistical methods, and professional ethics, including practice and internship; or

  (B) is designated as a doctoral program in psychology by the Association of State and Provincial Psychology Boards and the National Register of Health Service Providers in Psychology, or is accredited by the American Psychological Association or the Canadian Psychological Association; or

  (C) is a master’s program in psychology that is offered by an educational institution that is a full member of the Council of Applied Master’s Programs in Psychology (CAMPP).

  (11) “Psychotherapy” means the provision of treatment, diagnosis, evaluation, or counseling services to individuals or groups, for a consideration, for the purpose of alleviating mental disorders. “Psychotherapy” involves the application of therapeutic techniques to understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behavior that interferes with effective emotional, social, or mental functioning. “Psychotherapy” follows a systematic procedure of psychotherapeutic intervention that takes place on a regular basis over a period of time, or, in the case of evaluation and brief psychotherapies, in a single or limited number of interventions. If a person is employed by or under contract with the Agency of Human Services, this definition does not apply to persons with less than a master’s degree; to persons providing life skills training or instruction, such as learning to make friends, to handle social situations, to do laundry, and to develop community awareness; or to interactions of employees or contracted individuals with clients whose job description or contract specifications do not specifically mention “psychotherapy” as a job responsibility or duty.

  (12) [Repealed.] (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 1; 1993, No. 222 (Adj. Sess.), §§ 1, 1a; 1997, No. 145 (Adj. Sess.), § 13; 1999, No. 52, § 23; 1999, No. 133 (Adj. Sess.), § 21; 2009, No. 35, § 38; 2009, No. 103 (Adj. Sess.), § 20, eff. May 12, 2010; 2013, No. 138 (Adj. Sess.), § 21; 2015, No. 38, § 29, eff. May 28, 2015; 2015, No. 97 (Adj. Sess.), § 61.)

• § 3002. Prohibitions

  (a) A person who is not licensed under this chapter shall not engage in the practice of psychology.

  (b) A person who is not licensed under this chapter shall not use the title “psychologist” or any title that contains that word. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 2.)

• § 3003. Penalties

  A person who violates section 3002 of this title shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 83; 2007, No. 29, § 39.)

• § 3004. Exceptions

  This chapter shall not apply to a person engaged or acting:

  (1) In the discharge of his or her duties as a student of psychology.

  (2) In the discharge of his or her duties as a psychologist in an accredited academic institution.

  (3) In the discharge of his or her duties in a business, corporation, or research laboratory, provided that he or she is performing those duties for which he or she is employed within the confines of the corporation or organization, and provided that the corporation or organization does not sell psychological services to the public for a fee.

  (4) In clinical training for licensure as a clinical social worker or clinical mental health counselor or for certification as a marriage and family therapist or a psychoanalyst provided that the person’s title indicates his or her training status and that the person does not identify himself or herself as a psychologist. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 222 (Adj. Sess.), § 1b; 1995, No. 126 (Adj. Sess.), § 11; 1997, No. 145 (Adj. Sess.), § 14; 1999, No. 52, § 24; 2007, No. 163 (Adj. Sess.), § 30; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 103 (Adj. Sess.), § 21.)

• § 3005. Exemptions

  (a) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties as clergy, licensed physicians, nurses, osteopaths, optometrists, dentists, lawyers, social workers, mental health counselors, certified marriage and family therapists and psychoanalysts, rostered psychotherapists, or licensed educators when performing their duties consistent with the accepted standards of their respective professions; provided, however, that they do not describe themselves to the public by any other title or description stating or implying that they are psychologists or are licensed to practice psychology.

  (b) The provisions of this chapter shall not apply to persons while engaged in the course of their customary duties:

  (1) in the practice of a religious ministry;

  (2) in employment or rehabilitation counseling;

  (3) as an employee of or under contract with the Agency of Human Services, provided that the person does not practice psychotherapy as defined in section 3001 of this title;

  (4) as a mediator;

  (5) in an official evaluation for court purposes;

  (6) as a member of a self-help group such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not the person is serving for a consideration;

  (7) as a respite caregiver, foster care worker, or hospice worker.

  (c) Notwithstanding the provisions of subsections (a) and (b) of this section, the provisions of this chapter shall apply to any person licensed by the Board of Psychological Examiners. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1987, No. 245 (Adj. Sess.), § 4; 1993, No. 98, § 3; 1993, No. 222 (Adj. Sess.), § 2; 1995, No. 126 (Adj. Sess.), § 4; 1997, No. 145 (Adj. Sess.), § 15.)

• § 3006. Board; establishment

  The Board of Psychological Examiners is established, which shall consist of five members. The Board shall be composed of three licensed psychologists and two other persons who are consumers but neither of whom are psychologists. Consumer members shall have no financial interest in the practice of psychology, either personally or through a spouse, parent, child, brother, or sister. At least one but not more than two of the psychologists shall represent the practice of psychology within the Agency of Human Services or a community mental health center. All members of the Board shall have been residents of the State of Vermont for at least two years prior to their appointment to the Board. When a person who is an employee of or under contract with a community mental health center is subject to disciplinary action and the Agency of Human Services member or the community mental health center member has a conflict of interest, the Secretary of State shall appoint a psychologist who is an employee of another community mental health center to serve as an ad hoc member of the Board. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 3; 2005, No. 27, § 84.)

• § 3007. Board members; appointments

  Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 4; 2005, No. 27, § 85.)

• § 3008. Repealed. 2005, No. 27, § 117(1).

• § 3009. Organization of Board

  The Board shall hold at least two regular meetings each year; but additional meetings may be held upon call of the Chair or at written request of any two members of the Board. A majority of the members of the Board shall constitute a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 2005, No. 27, § 86.)

• § 3009a. Powers and duties of Board

  (a) The Board shall adopt rules necessary to perform its duties under this chapter, including rules that:

  (1) specify educational and other prerequisites for obtaining licensure;

  (2) explain complaint and appeal procedures to licensees, applicants, and the public;

  (3) explain continuing education requirements; and

  (4) explain how the Board shall investigate suspected unprofessional conduct.

  (b) The Board may:

  (1) establish or approve continuing education programs;

  (2) conduct hearings;

  (3) receive assistance from the Director of the Office of Professional Regulation and from the Attorney General or an attorney assigned by the Office of Professional Regulation. (Added 1981, No. 241 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 222 (Adj. Sess.), § 2a; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 87.)

• § 3009b. Repealed. 2005, No. 27, § 117(1).

• § 3010. Fees; licenses

  Applicants and persons regulated under this chapter shall pay the following fees:

  (1) Application for license $240.00

  (2) Biennial renewal of license $195.00

  (3) [Repealed.]

  (4) [Repealed.] (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 66; 1991, No. 167 (Adj. Sess.), § 50; 1997, No. 59, § 61, eff. June 30, 1997; 2007, No. 76, § 7; 2009, No. 103 (Adj. Sess.), § 22; 2011, No. 33, § 4; 2013, No. 191 (Adj. Sess.), § 18a; 2023, No. 77, § 31, eff. June 20, 2023.)

• § 3011. Repealed. 1997, No. 40, § 33.

• § 3011a. Applications

  (a) Any person desiring to obtain a license as a psychologist shall make application therefor to the Board upon such form and in such manner as the Board prescribes and shall furnish evidence satisfactory to the Board that he or she:

  (1) is at least 18 years of age;

  (2)(A) possesses a doctoral degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule, of which no fewer than 2,000 hours were completed after the doctoral degree in psychology was received; or

  (B) possesses a master’s degree in psychology and has completed 4,000 hours of supervised practice as defined by the Board by rule of which no fewer than 2,000 hours were completed after the master’s degree in psychology was received; and

  (3) has successfully completed the examinations designated by the Board.

  (b) A person engaged in supervised practice in Vermont, if not licensed as a clinical mental health counselor, marriage and family therapist, licensed independent clinical social worker, or licensed master’s social worker shall be registered on the roster of psychotherapists who are nonlicensed and noncertified.

  (c) In exceptional cases, the Board may waive any requirement of this section if in its judgment the applicant demonstrates appropriate qualifications. (Added 1997, No. 40, § 34; amended 2011, No. 116 (Adj. Sess.), § 52; 2013, No. 138 (Adj. Sess.), § 23.)

• § 3012. Repealed. 1993, No. 222 (Adj. Sess.), § 2c.

• § 3013. Conduct of examinations

  (a) The Board shall conduct examinations under this chapter at least twice a year at a time and place designated by it; provided, however, that examinations need not be conducted at times when there are no applicants requesting to be examined. Examinations may be written, computer-administered, computer-adapted, or oral as determined by the Board. In any written examination, each applicant shall be designated by a number so that his or her name is not disclosed to the Board until the examinations have been graded. Examinations shall include questions in such theoretical and applied fields as the Board deems most suitable to test an applicant’s knowledge and competence to engage in the practice of psychology. An applicant shall be held to have passed an examination upon the affirmative vote of at least four members of the Board.

  (b) Examinations administered by the Board and its procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are admitted to practice if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees.

  (c) If a licensee has a principal place of business, a license shall be prominently displayed at that place. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), § 22.)

• § 3014. Licensure by endorsement

  (a) The Board may at any time issue a license, upon payment of the required fee, if the applicant presents evidence that he or she:

  (1) is licensed or certified to practice psychology in another jurisdiction in which the requirements for such licensing or certification are, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board;

  (2) is a diplomat in good standing of the American Board of Professional Psychology;

  (3) holds evidence of professional qualification from an individual certification program acceptable to the Board; and

  (4) has taken and passed an examination on the Vermont laws and rules governing the practice of psychology.

  (b) The Board may at any time issue a license, upon payment of the required fee, to an applicant who is licensed as a psychologist at the doctoral level in another jurisdiction of the United States or Canada in which the requirements for licensure are not, in the judgment of the Board, substantially equivalent to those required by this chapter and the rules of the Board if the applicant:

  (1) Is in good standing with no pending charges as verified to the Board by the licensing authorities of all jurisdictions in which the applicant has held a license;

  (2) Has practiced as a licensed psychologist at the doctoral level for an average of at least 1,000 hours per year for a minimum of seven years. The seven years’ licensed practice experience need not immediately precede the application so long as the applicant has remained licensed for five years preceding the application; and

  (3) Has had no disciplinary history resulting in a finding of unprofessional conduct in any jurisdiction. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1999, No. 52, § 25; 2005, No. 27, § 88; 2013, No. 27, § 33.)

• § 3015. Renewals

  (a) Licenses shall be renewed every two years upon payment of the required fee.

  (b) Two months prior to the expiration of the license, the Director of the Office of Professional Regulation shall forward to the holder a form or application of renewal. Upon the receipt of the completed form and the renewal fee, the Director shall issue a new license.

  (c) Any application for renewal of a license that has expired shall in addition require the payment of a reinstatement fee. A person reinstating shall not be required to pay renewal fees for the years during which the license was lapsed.

  (d) Continuing education units.

  (1) As a condition of renewal, the Board shall require that licensees establish that they have satisfied continuing education requirements established by Board rule and this subsection.

  (2) Continuing education requirements shall include requiring one or more continuing education units in the area of systematic oppression and anti-oppressive practice, or in related topic areas, consistent with the report recommendations from the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism in Vermont’s health care system.

  (3) Synchronous virtual continuing education credits shall be approvable and accepted as live in-person training.

  (4) Upon application, the Board may exempt from continuing education requirements a licensee on active duty in the U.S. Armed Forces if obtaining continuing education credits would be impossible in practice or a significant hardship for the licensee.

  (5) If the licensee is licensed in one or more other mental health professions under this title, continuing education units completed for one mental health profession shall count toward the required continuing education units for the other mental health profession or professions for which the licensee is licensed under this title. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 6; 1999, No. 133 (Adj. Sess.), § 23; 2007, No. 163 (Adj. Sess.), § 31; 2021, No. 117 (Adj. Sess.), § 1, eff. July 1, 2023.)

• § 3016. Unprofessional conduct

  Unprofessional conduct means the conduct listed in this section and in 3 V.S.A. § 129a:

  (1) Failing to make available, upon written request of a person using psychological services to succeeding health care professionals or institutions, copies of that person’s records in the possession or under the control of the licensee.

  (2) Failing to use a complete title in professional activity.

  (3) Conduct that evidences moral unfitness to practice psychology.

  (4) Engaging in any sexual conduct with a client, or with the immediate family member of a client, with whom the licensee has had a professional relationship within the previous two years.

  (5) Harassing, intimidating, or abusing a client or patient.

  (6) Entering into an additional relationship with a client, supervisee, research participant, or student that might impair the psychologist’s objectivity or otherwise interfere with the psychologist’s professional obligations.

  (7) Practicing outside or beyond a psychologist’s area of training or competence without appropriate supervision.

  (8) In the course of practice, failure to use and exercise that degree of care, skill, and proficiency that is commonly exercised by the ordinary skillful, careful, and prudent psychologist engaged in similar practice under the same or similar conditions, whether or not actual injury to a client or patient has occurred.

  (9) Conduct that violates the “Ethical Principles of Psychologists and Code of Conduct” of the American Psychological Association, effective December 1, 1992, or its successor principles and code.

  (10) Conduct that violates the “ASPPB Code of Conduct-1990” of the Association of State and Provincial Psychology Boards, or its successor code.

  (11) Use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age. (Added 1975, No. 228 (Adj. Sess.), § 2; amended 1981, No. 241 (Adj. Sess.), § 1; 1993, No. 98, § 7; 1993, No. 222 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 50; 1999, No. 52, § 26; 1999, No. 133 (Adj. Sess.), § 24; 2013, No. 27, § 34; 2015, No. 138 (Adj. Sess.), § 5.)

• § 3016a. Disciplinary action

  (a) After giving opportunity for hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct.

  (b) In connection with any disciplinary action, the Board may:

  (1) refuse to accept the return of a license tendered by the subject of a disciplinary investigation;

  (2) refuse to license a person who has been found guilty or who is under investigation in another jurisdiction for an offense that would constitute unprofessional conduct in this State;

  (3) issue warnings to a licensee;

  (4) suspend, revoke, or reinstate licenses;

  (5) notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against an applicant or licensee, provided that the Board has taken disciplinary action against that person or the Board had made a finding after opportunity for hearing that there is probable cause to believe that disciplinary action is warranted; and

  (6) require restitution of fees received from a complainant.

  (c) The Board shall investigate all complaints and charges of unprofessional conduct against any licensee. The Board shall not discontinue a pending investigation or disciplinary case by reason of the absence of the applicant or licensee from the State. (Added 1981, No. 241 (Adj. Sess.), § 1.)

• § 3017. Disclosure of information

  The Board shall adopt rules requiring licensed psychologists to disclose to each client the psychologist’s professional qualifications and experience, those actions that constitute unprofessional conduct, the method for filing a complaint or making a consumer inquiry, and provisions relating to the manner in which the information shall be displayed and signed by both the psychologist and the client. The rules may include provisions for applying or modifying these requirements in cases involving institutionalized clients, minors, and adults under the supervision of a guardian. (Added 1993, No. 222 (Adj. Sess.), § 4.)

• § 3018. Telepractice

  Licensees who provide services regulated under this chapter by means of the Internet or any other electronic means are deemed to provide such services in this State, and are subject to the jurisdiction of the Board. The Board may take disciplinary or other action against such licensees. Action taken by the Board does not preclude any other jurisdiction from also taking disciplinary or other action against such licensees. (Added 1999, No. 133 (Adj. Sess.), § 25.)

• Subchapter 002: PSYCHOLOGY INTERJURISDICTIONAL COMPACT

• § 3021. Psychology Interjurisdictional Compact; adoption

  Vermont hereby enacts and adopts the Psychology Interjurisdictional Compact. The form, format, and text of the Compact have been conformed to the conventions of the Vermont Statutes Annotated. It is the intent of the General Assembly that this subchapter be interpreted as substantively the same as the Psychology Interjurisdictional Compact that is enacted by other Compact party states. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3022. Purpose

  (a) Whereas, states license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice;

  (b) Whereas, this Compact is intended to regulate the day to day practice of telepsychology, which is the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

  (c) 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;

  (d) 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;

  (e) 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;

  (f) Whereas, this Compact does not apply when a psychologist is licensed in both the Home and Receiving States;

  (g) Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice; and

  (h) Consistent with these principles, this Compact is designed to achieve the following purposes and objectives:

  (1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology;

  (2) enhance the states’ ability to protect the public’s health and safety, especially client and 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3023. Definitions

  As used in this subchapter:

  (1) “Adverse action” means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

  (2) “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.

  (3) “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.

  (4) “Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to section 3031 of this title for its governance or for directing and controlling its actions and conduct.

  (5) “Client or patient” means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, consulting services, or a combination of these.

  (6) “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to section 3031 of this title.

  (7) “Compact state” means a state, the District of Columbia, or United States territory that has enacted this Compact legislation and that has not withdrawn pursuant to subsection 3024(c) of this title or been terminated pursuant to subsection 3023(b) of this title.

  (8) “Coordinated licensure information system” or “coordinated database” means an integrated process for collecting, sorting, 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.

  (9) “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes, or both.

  (10) “Day” means any part of a day in which psychological work is performed.

  (11) “Distant State” means the Compact state where a psychologist is physically present, not through the use of the telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

  (12) “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.

  (13) “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.

  (14) “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.

  (15) “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation (FBI), or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

  (16) “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.

  (17) “Interjurisdictional Practice Certificate” or “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.

  (18) “License” means authorization by a state psychology authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

  (19) “Non-Compact state” means any state that is not at the time a Compact state.

  (20) “Psychologist” means an individual licensed for the independent practice of psychology.

  (21) “Psychology Interjurisdictional Compact Commission,” or “Commission,” means the national administration of which all Compact states are members.

  (22) “Receiving State” means a Compact state where the client or patient is physically located when the telepsychological services are delivered.

  (23) “Rule” means a written statement by the Psychology Interjurisdiction Compact Commission promulgated pursuant to section 3032 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the Compact, or an organization, 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.

  (24) “Significant investigatory information” means:

  (A) investigative information that a state psychology regulatory authority, after preliminary inquiry that includes notification and an opportunity to respond if required by state laws, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or

  (B) investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond, or both.

  (25) “State” means a state, commonwealth, territory, or possession of the Unites States, or the District of Columbia.

  (26) “State psychology regulatory authority” means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

  (27) “Telepsychology” means the provision of psychological services using telecommunication technologies.

  (28) “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.

  (29) “Temporary in-person, face-to-face practice” means 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3024. 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 the 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 the Temporary Authorization to Practice under the terms of this Compact.

  (e) A Home State’s license authorizes a psychologist to practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only if the Compact state:

  (1) currently requires the psychologist to hold an active E.Passport;

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

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

  (4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

  (5) complies with the bylaws and rules of the Commission.

  (f) A Home State’s license grants Temporary Authorization to Practice to a psychologist in a Distant State only if the Compact state:

  (1) currently requires the psychologist to hold an active IPC;

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

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

  (4) requires an identity history summary of applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI, or other designee with similar authority, no later than 10 years after activation of the Compact; and

  (5) complies with the bylaws and rules of the Commission. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3025. Compact privilege to practice telepsychology

  (a) Compact states shall recognize the right of a psychologist, licensed in a Compact state in conformance with section 3024 of this title, to practice telepsychology in other Compact states, called Receiving States, in which the psychologist is not licensed under the Authority to Practice Interjurisdictional Telepsychology as provided in the Compact.

  (b) To exercise the Authority to Practice Interjurisdictional Telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact state must:

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

  (A) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

  (B) a foreign college or university deemed to be equivalent to subdivision (A) of this subdivision (b)(1) 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 administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

  (B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

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

  (D) The program must consist of an integrated, organized sequence of study.

  (E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

  (F) The designated director of the program must be a psychologist and a member of the core faculty.

  (G) The program must have an identifiable body of students who are matriculated in that program for a degree.

  (H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.

  (I) The curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a 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 that is a Compact state;

  (4) have no history of adverse action that violate the rules of the Commission;

  (5) have no criminal record history reported on an identity history summary that violates the rules of the Commission;

  (6) possess a current, active E.Passport;

  (7) provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the Home and Receiving States, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

  (8) meet other criteria as defined by the rules of the Commission.

  (c) The Home State maintains authority over the license of any psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology.

  (d) A psychologist practicing into a Receiving State under the Authority to Practice Interjurisdictional Telepsychology will be subject to the Receiving State’s scope of practice. A Receiving State may, in accordance with the 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3026. Compact temporary authorization to practice

  (a) Compact states shall also recognize the right of a psychologist, licensed in a Compact state in conformance with section 3024 of this title, to practice temporarily in other Compact states, called Distant States, in which the psychologist is not licensed, as provided in the Compact.

  (b) To exercise the Temporary Authorization to Practice under the terms and provisions of this Compact, a psychologist licensed to practice in a Compact state must:

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

  (A) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

  (B) a foreign college or university deemed to be equivalent to subdivision (A) of this subdivision (b)(1) 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 administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

  (B) The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

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

  (D) The program must consist of an integrated, organized sequence of study.

  (E) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

  (F) The designated director of the program must be a psychologist and a member of the core faculty.

  (G) The program must have an identifiable body of students who are matriculated in that program for a degree.

  (H) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.

  (I) The curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a 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 that is a Compact state;

  (4) have no history of adverse action that violate the rules of the Commission;

  (5) have no criminal record history that violates the rules of the Commission;

  (6) possess a current, active IPC;

  (7) provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

  (8) meet other criteria as defined by the rules of the Commission.

  (c) A psychologist practicing into a Distant State under the Temporary Authorization to Practice shall practice within the scope of practice authorized by the Distant State.

  (d) A psychologist practicing into a Distant State under the Temporary Authorization to Practice will be subject to the Distant State’s authority and law. A Distant State may, in accordance with that state’s due process law, limit or revoke a psychologist’s Temporary Authorization to Practice in the Distant State and may take any other necessary actions under the Distant State’s applicable law to protect the health and safety of the Distant State’s citizens. If a Distant State takes action, the state shall promptly notify the Home State and the Commission.

  (e) If a psychologist’s license in any Home State, another Compact state, or any Temporary Authorization to Practice in any Distant State, is restricted, suspended, or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact state under the Temporary Authorization to Practice. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3027. Conditions of telepsychology practice in a Receiving State

  A psychologist may practice in a Receiving State under the Authority to Practice Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

  (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

  (2) other conditions regarding telepsychology as determined by rules promulgated by the Commission. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3028. Adverse actions

  (a) A Home State shall have the power to impose adverse action against a psychologist’s license issued by the Home State. A Distant State shall have the power to take adverse action on a psychologist’s Temporary Authorization to Practice within that Distant State.

  (b) A Receiving State may take adverse action on a psychologist’s Authority to Practice Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse action against a psychologist based on an adverse action taken by a Distant State regarding temporary in-person, face-to-face practice.

  (c) If a Home State takes adverse action against a psychologist’s license, that psychologist’s Authority to Practice Interjurisdictional Telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s Temporary Authorization to Practice is terminated and the IPC is revoked.

  (1) All Home State disciplinary orders that impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A Compact state shall report adverse actions in accordance with the rules of the Commission.

  (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 that occurred in a Receiving State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Home State’s law shall control in determining any adverse action against a psychologist’s license.

  (e) A Distant State’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under the Temporary Authorization to Practice that occurred in that Distant State as it would if such conduct had occurred by a licensee within the Home State. In such cases, the Distant State’s law shall control in determining any adverse action against a psychologist’s Temporary Authorization to Practice.

  (f) Nothing in this Compact shall override a Compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain 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.

  (g) No other judicial or administrative remedies shall be available to a psychologist in the event a Compact state imposes an adverse action pursuant to subsection (c) of this section. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3029. Additional authorities invested in 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, or the production of evidence from another Compact state, shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and

  (2) Issue cease and desist or injunctive relief orders, or both, to revoke a psychologist’s Authority to Practice Interjurisdictional Telepsychology or the Temporary Authorization to Practice, or both.

  (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 said 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3030. Coordinated licensure information system

  (a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists to whom this Compact is applicable in all Compact states as defined by the rules of the Commission.

  (b) Notwithstanding any other provision of state law to the contrary, a Compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the Commission, including:

  (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 or Temporary Authorization to Practice, or both, is revoked;

  (6) nonconfidential information related to alternative program participation information;

  (7) any denial of application for licensure and the reasons for such denial; and

  (8) other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

  (c) The coordinated database administrator shall promptly notify all Compact states of any adverse action taken against, or significant investigative information on, any licensee in a Compact state.

  (d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the Compact state reporting the information.

  (e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the Compact state reporting the information shall be removed from the coordinated database. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3031. Establishment of the Psychology Interjurisdictional Compact Commission

  (a) The Compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

  (1) The Commission is a body politic and an instrumentality of the Compact states.

  (2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

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

  (b) Membership, voting, and meetings.

  (1) The Commission shall consist of one voting representative appointed by each Compact state who shall serve as that state’s Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact state. This delegate shall be limited to:

  (A) the Executive Director, Executive Secretary, or similar executive;

  (B) a current member of the state psychology regulatory authority of a Compact state; or

  (C) a 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 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

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

  (5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 3032 of this title.

  (6) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

  (A) noncompliance of a Compact state with its obligations under the Compact;

  (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;

  (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 that is privileged or confidential;

  (G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

  (H) disclosure of investigatory records compiled for law enforcement purposes;

  (I) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or

  (J) matters specifically exempted from disclosure by federal and state statute.

  (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefor, 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 or rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to:

  (1) Establishing the fiscal year of the Commission;

  (2) Providing reasonable standards and procedures:

  (A) for the establishment and meetings of other committees; and

  (B) governing any general or specific delegation of any authority or function of the Commission;

  (3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed;

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

  (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any Compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;

  (6) Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;

  (7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment or reserving, or both, of all of its debts and obligations;

  (8) The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact states;

  (9) The Commission shall maintain its financial records in accordance with the bylaws; and

  (10) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

  (d) The Commission shall have the following powers:

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

  (2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

  (3) To purchase and maintain insurance and bonds;

  (4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Compact state;

  (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

  (6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety or of 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 composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

  (12) To provide and receive information from, and to cooperate with, law enforcement agencies;

  (13) To adopt and use an official seal; and

  (14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.

  (e) The Executive Board. The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.

  (1) The Executive Board shall be composed of six members:

  (A) five voting members who are elected from the current membership of the Commission by the Commission; and

  (B) one ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

  (2) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

  (3) The Commission may remove any member of the Executive Board as provided in bylaws.

  (4) The Executive Board shall meet at least annually.

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

  (A) recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact states such as annual dues, and any other applicable fees;

  (B) ensure Compact administration services are appropriately provided, contractual or otherwise;

  (C) prepare and recommend the budget;

  (D) maintain financial records on behalf of the Commission;

  (E) monitor Compact compliance of member states and provide compliance reports to the Commission;

  (F) establish additional committees as necessary; and

  (G) other duties as provided in rules or bylaws.

  (f) Financing of the Commission.

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

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

  (3) The Commission may levy on and collect an annual assessment from each Compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all Compact states.

  (4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact states, except by and with the authority of the Compact state.

  (5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

  (g) Qualified immunity, defense, and indemnification.

  (1) The members, officers, Executive Director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

  (2) The Commission shall defend any member, officer, Executive Director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining the person’s own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

  (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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3032. Rulemaking

  (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

  (b) If a majority of the legislatures of the Compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any Compact state.

  (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

  (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

  (1) on the website of the Commission; and

  (2) on the website of each Compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

  (e) The notice of proposed rulemaking shall include:

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

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

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

  (4) the manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

  (f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

  (g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

  (1) at least 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 at least 25 members.

  (h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.

  (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.

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

  (1) meet an imminent threat to public health, safety, or welfare;

  (2) prevent a loss of Commission or Compact state funds;

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

  (4) protect public health and safety.

  (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3033. Oversight, dispute resolution, and enforcement

  (a) Oversight.

  (1) The executive, legislative, and judicial branches of state government in each Compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

  (2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a Compact state pertaining to the subject matter of this Compact that 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 any other action to be taken by the Commission; and

  (B) provide remedial training and specific technical assistance regarding the default.

  (2) If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the Compact states, and all rights, privileges, and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

  (3) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the Compact states.

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

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

  (6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

  (c) Dispute resolution.

  (1) Upon request by a Compact state, the Commission shall attempt to resolve disputes related to the Compact that 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 U.S. 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3034. Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments

  (a) The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh Compact state. The provisions that become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

  (b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

  (c) Any Compact state may withdraw from this Compact by enacting a statute repealing the same.

  (1) A Compact state’s withdrawal shall not take effect until six 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 that does not conflict with the provisions of this Compact.

  (e) This Compact may be amended by the Compact states. No amendment to this Compact shall become effective and binding upon any Compact state until it is enacted into the law of all Compact states. (Added 2023, No. 37, § 1, eff. July 1, 2024.)

• § 3035. 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. (Added 2023, No. 37, § 1, eff. July 1, 2024.)