S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7947
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT to amend the education law, in relation to adopting the psychol-
   ogy interjurisdictional compact (Part A); to amend the  public  health
   law,  in  relation  to  adopting  the recognition of emergency medical
   services personnel licensure interstate compact (Part B); and to amend
   the education law, in relation to adopting the  interstate  counseling
   compact (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to enacting the psychology interjurisdictional compact, the  recognition
 of  emergency  medical  services personnel licensure interstate compact,
 and  the  interstate  counseling  compact.  Each  component  is   wholly
 contained  within  a Part identified as Parts A through C. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes reference to a section "of this act", when used in connection with
 that particular component, shall be deemed to  mean  and  refer  to  the
 corresponding section of the Part in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.  The education law is amended by adding a new section 7608
 to read as follows:
   § 7608. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. THE PSYCHOLOGY  INTER-
 JURISDICTIONAL  COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH
 ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM  SUBSTANTIALLY  AS
 FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11342-01-3
              

 A. 7947                             2
 
                                ARTICLE I.
                                  PURPOSE
 
   WHEREAS,  STATES LICENSE PSYCHOLOGISTS, IN ORDER TO PROTECT THE PUBLIC
 THROUGH VERIFICATION OF EDUCATION, TRAINING AND  EXPERIENCE  AND  ENSURE
 ACCOUNTABILITY FOR PROFESSIONAL PRACTICE; AND
   WHEREAS,  THIS COMPACT IS INTENDED TO REGULATE THE DAY TO DAY PRACTICE
 OF TELEPSYCHOLOGY (I.E. THE PROVISION OF  PSYCHOLOGICAL  SERVICES  USING
 TELECOMMUNICATION TECHNOLOGIES) BY PSYCHOLOGISTS ACROSS STATE BOUNDARIES
 IN  THE  PERFORMANCE  OF  THEIR PSYCHOLOGICAL PRACTICE AS ASSIGNED BY AN
 APPROPRIATE AUTHORITY; AND
   WHEREAS, THIS COMPACT IS INTENDED TO REGULATE THE TEMPORARY IN-PERSON,
 FACE-TO-FACE PRACTICE OF PSYCHOLOGY BY PSYCHOLOGISTS ACROSS STATE BOUND-
 ARIES FOR 30 DAYS WITHIN A CALENDAR YEAR IN  THE  PERFORMANCE  OF  THEIR
 PSYCHOLOGICAL PRACTICE AS ASSIGNED BY AN APPROPRIATE AUTHORITY;
   WHEREAS,  THIS COMPACT IS INTENDED TO AUTHORIZE STATE PSYCHOLOGY REGU-
 LATORY AUTHORITIES TO AFFORD LEGAL RECOGNITION, IN A  MANNER  CONSISTENT
 WITH  THE  TERMS  OF  THE  COMPACT, TO PSYCHOLOGISTS LICENSED IN ANOTHER
 STATE;
   WHEREAS, THIS COMPACT RECOGNIZES THAT STATES HAVE A VESTED INTEREST IN
 PROTECTING THE PUBLIC'S HEALTH AND SAFETY THROUGH  THEIR  LICENSING  AND
 REGULATION  OF  PSYCHOLOGISTS  AND  THAT SUCH STATE REGULATION WILL BEST
 PROTECT PUBLIC HEALTH AND SAFETY;
   WHEREAS, THIS COMPACT DOES NOT APPLY WHEN A PSYCHOLOGIST  IS  LICENSED
 IN BOTH THE HOME AND RECEIVING STATES; AND
   WHEREAS,  THIS COMPACT DOES NOT APPLY TO PERMANENT IN-PERSON, FACE-TO-
 FACE PRACTICE, IT DOES ALLOW FOR AUTHORIZATION OF  TEMPORARY  PSYCHOLOG-
 ICAL PRACTICE.
   CONSISTENT  WITH THESE PRINCIPLES, THIS COMPACT IS DESIGNED TO ACHIEVE
 THE FOLLOWING PURPOSES AND OBJECTIVES:
   1. INCREASE PUBLIC ACCESS TO PROFESSIONAL  PSYCHOLOGICAL  SERVICES  BY
 ALLOWING  FOR  TELEPSYCHOLOGICAL  PRACTICE ACROSS STATE LINES AS WELL AS
 TEMPORARY IN-PERSON,  FACE-TO-FACE  SERVICES  INTO  A  STATE  WHICH  THE
 PSYCHOLOGIST IS NOT LICENSED TO PRACTICE PSYCHOLOGY;
   2.  ENHANCE  THE  STATES'  ABILITY  TO PROTECT THE PUBLIC'S HEALTH AND
 SAFETY, ESPECIALLY CLIENT/PATIENT SAFETY;
   3. ENCOURAGE THE  COOPERATION  OF  COMPACT  STATES  IN  THE  AREAS  OF
 PSYCHOLOGY LICENSURE AND REGULATION;
   4.  FACILITATE  THE  EXCHANGE  OF  INFORMATION  BETWEEN COMPACT STATES
 REGARDING  PSYCHOLOGIST  LICENSURE,  ADVERSE  ACTIONS  AND  DISCIPLINARY
 HISTORY;
   5.  PROMOTE  COMPLIANCE WITH THE LAWS GOVERNING PSYCHOLOGICAL PRACTICE
 IN EACH COMPACT STATE; AND
   6. INVEST ALL COMPACT STATES  WITH  THE  AUTHORITY  TO  HOLD  LICENSED
 PSYCHOLOGISTS  ACCOUNTABLE  THROUGH  THE  MUTUAL  RECOGNITION OF COMPACT
 STATE LICENSES.
 
                                ARTICLE II.
                                DEFINITIONS
 
   A. "ADVERSE ACTION" MEANS: ANY ACTION  TAKEN  BY  A  STATE  PSYCHOLOGY
 REGULATORY  AUTHORITY WHICH FINDS A VIOLATION OF A STATUTE OR REGULATION
 THAT IS IDENTIFIED BY  THE  STATE  PSYCHOLOGY  REGULATORY  AUTHORITY  AS
 DISCIPLINE AND IS A MATTER OF PUBLIC RECORD.
   B.  "ASSOCIATION  OF  STATE  AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB)"
 MEANS: THE RECOGNIZED MEMBERSHIP  ORGANIZATION  COMPOSED  OF  STATE  AND
 A. 7947                             3
 
 PROVINCIAL  PSYCHOLOGY REGULATORY AUTHORITIES RESPONSIBLE FOR THE LICEN-
 SURE AND REGISTRATION OF PSYCHOLOGISTS THROUGHOUT THE UNITED STATES  AND
 CANADA.
   C. "AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY" MEANS: A
 LICENSED PSYCHOLOGIST'S AUTHORITY TO PRACTICE TELEPSYCHOLOGY, WITHIN THE
 LIMITS AUTHORIZED UNDER THIS COMPACT, IN ANOTHER COMPACT STATE.
   D. "BYLAWS" MEANS: THOSE BYLAWS ESTABLISHED BY THE PSYCHOLOGY INTERJU-
 RISDICTIONAL  COMPACT  COMMISSION  PURSUANT  TO ARTICLE X FOR ITS GOVER-
 NANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND CONDUCT.
   E. "CLIENT/PATIENT" MEANS: THE RECIPIENT  OF  PSYCHOLOGICAL  SERVICES,
 WHETHER  PSYCHOLOGICAL  SERVICES ARE DELIVERED IN THE CONTEXT OF HEALTH-
 CARE, CORPORATE, SUPERVISION, AND/OR CONSULTING SERVICES.
   F. "COMMISSIONER" MEANS: THE VOTING REPRESENTATIVE APPOINTED  BY  EACH
 STATE PSYCHOLOGY REGULATORY AUTHORITY PURSUANT TO ARTICLE X.
   G. "COMPACT STATE" MEANS: A STATE, THE DISTRICT OF COLUMBIA, OR UNITED
 STATES TERRITORY THAT HAS ENACTED THIS COMPACT LEGISLATION AND WHICH HAS
 NOT  WITHDRAWN  PURSUANT  TO  ARTICLE XIII, SECTION C OR BEEN TERMINATED
 PURSUANT TO ARTICLE XII, SECTION B.
   H. "COORDINATED LICENSURE INFORMATION  SYSTEM"  ALSO  REFERRED  TO  AS
 "COORDINATED  DATABASE"  MEANS:  AN  INTEGRATED  PROCESS FOR COLLECTING,
 STORING,  AND  SHARING  INFORMATION  ON  PSYCHOLOGISTS'  LICENSURE   AND
 ENFORCEMENT  ACTIVITIES  RELATED  TO PSYCHOLOGY LICENSURE LAWS, WHICH IS
 ADMINISTERED BY THE RECOGNIZED MEMBERSHIP ORGANIZATION COMPOSED OF STATE
 AND PROVINCIAL PSYCHOLOGY REGULATORY AUTHORITIES.
   I. "CONFIDENTIALITY" MEANS: THE PRINCIPLE THAT DATA OR INFORMATION  IS
 NOT  MADE  AVAILABLE  OR  DISCLOSED TO UNAUTHORIZED PERSONS AND/OR PROC-
 ESSES.
   J. "DAY" MEANS: ANY PART OF A  DAY  IN  WHICH  PSYCHOLOGICAL  WORK  IS
 PERFORMED.
   K.  "DISTANT  STATE"  MEANS: THE COMPACT STATE WHERE A PSYCHOLOGIST IS
 PHYSICALLY PRESENT (NOT THROUGH THE USE OF TELECOMMUNICATIONS  TECHNOLO-
 GIES),   TO  PROVIDE  TEMPORARY  IN-PERSON,  FACE-TO-FACE  PSYCHOLOGICAL
 SERVICES.
   L. "E.PASSPORT" MEANS: A CERTIFICATE  ISSUED  BY  THE  ASSOCIATION  OF
 STATE  AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB) THAT PROMOTES THE STAND-
 ARDIZATION IN THE CRITERIA OF INTERJURISDICTIONAL  TELEPSYCHOLOGY  PRAC-
 TICE  AND  FACILITATES THE PROCESS FOR LICENSED PSYCHOLOGISTS TO PROVIDE
 TELEPSYCHOLOGICAL SERVICES ACROSS STATE LINES.
   M. "EXECUTIVE BOARD" MEANS: A GROUP OF DIRECTORS ELECTED OR  APPOINTED
 TO  ACT  ON  BEHALF  OF,  AND  WITHIN THE POWERS GRANTED TO THEM BY, THE
 COMMISSION.
   N. "HOME STATE"  MEANS:  A  COMPACT  STATE  WHERE  A  PSYCHOLOGIST  IS
 LICENSED TO PRACTICE PSYCHOLOGY. IF THE PSYCHOLOGIST IS LICENSED IN MORE
 THAN  ONE  COMPACT  STATE  AND  IS PRACTICING UNDER THE AUTHORIZATION TO
 PRACTICE INTERJURISDICTIONAL  TELEPSYCHOLOGY,  THE  HOME  STATE  IS  THE
 COMPACT  STATE  WHERE  THE  PSYCHOLOGIST  IS PHYSICALLY PRESENT WHEN THE
 TELEPSYCHOLOGICAL  SERVICES  ARE  DELIVERED.  IF  THE  PSYCHOLOGIST   IS
 LICENSED  IN  MORE  THAN  ONE  COMPACT STATE AND IS PRACTICING UNDER THE
 TEMPORARY AUTHORIZATION TO PRACTICE, THE HOME STATE IS ANY COMPACT STATE
 WHERE THE PSYCHOLOGIST IS LICENSED.
   O. "IDENTITY HISTORY SUMMARY" MEANS: A SUMMARY OF INFORMATION RETAINED
 BY THE FBI, OR OTHER DESIGNEE WITH SIMILAR AUTHORITY, IN CONNECTION WITH
 ARRESTS AND, IN SOME INSTANCES, FEDERAL EMPLOYMENT,  NATURALIZATION,  OR
 MILITARY SERVICE.
   P. "IN-PERSON, FACE-TO-FACE" MEANS: INTERACTIONS IN WHICH THE PSYCHOL-
 OGIST  AND  THE  CLIENT/PATIENT ARE IN THE SAME PHYSICAL SPACE AND WHICH
 A. 7947                             4
 
 DOES NOT INCLUDE INTERACTIONS THAT MAY OCCUR THROUGH THE USE OF TELECOM-
 MUNICATION TECHNOLOGIES.
   Q.  "INTERJURISDICTIONAL  PRACTICE CERTIFICATE (IPC)" MEANS: A CERTIF-
 ICATE ISSUED BY THE  ASSOCIATION  OF  STATE  AND  PROVINCIAL  PSYCHOLOGY
 BOARDS  (ASPPB)  THAT  GRANTS  TEMPORARY  AUTHORITY TO PRACTICE BASED ON
 NOTIFICATION TO THE STATE PSYCHOLOGY REGULATORY AUTHORITY  OF  INTENTION
 TO  PRACTICE  TEMPORARILY,  AND VERIFICATION OF ONE'S QUALIFICATIONS FOR
 SUCH PRACTICE.
   R.  "LICENSE" MEANS: AUTHORIZATION BY A  STATE  PSYCHOLOGY  REGULATORY
 AUTHORITY  TO  ENGAGE  IN  THE INDEPENDENT PRACTICE OF PSYCHOLOGY, WHICH
 WOULD BE UNLAWFUL WITHOUT THE AUTHORIZATION.
   S. "NON-COMPACT STATE" MEANS: ANY STATE WHICH IS NOT  AT  THE  TIME  A
 COMPACT STATE.
   T.  "PSYCHOLOGIST"  MEANS:  AN INDIVIDUAL LICENSED FOR THE INDEPENDENT
 PRACTICE OF PSYCHOLOGY.
   U. "PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION"  ALSO  REFERRED
 TO  AS  "COMMISSION"  MEANS:  THE  NATIONAL  ADMINISTRATION OF WHICH ALL
 COMPACT STATES ARE MEMBERS.
   V. "RECEIVING STATE" MEANS: A COMPACT STATE WHERE  THE  CLIENT/PATIENT
 IS PHYSICALLY LOCATED WHEN THE TELEPSYCHOLOGICAL SERVICES ARE DELIVERED.
   W.  "RULE" MEANS: A WRITTEN STATEMENT BY THE PSYCHOLOGY INTERJURISDIC-
 TIONAL COMPACT COMMISSION PROMULGATED PURSUANT TO  ARTICLE  XI  OF  THIS
 COMPACT  THAT  IS  OF  GENERAL APPLICABILITY, IMPLEMENTS, INTERPRETS, OR
 PRESCRIBES A POLICY OR PROVISION OF THIS COMPACT, OR AN  ORGANIZATIONAL,
 PROCEDURAL,  OR PRACTICE REQUIREMENT OF THE COMMISSION AND HAS THE FORCE
 AND EFFECT OF STATUTORY LAW IN A COMPACT STATE, AND INCLUDES THE  AMEND-
 MENT, REPEAL OR SUSPENSION OF AN EXISTING RULE.
   X.  "SIGNIFICANT INVESTIGATORY INFORMATION" MEANS:
   1.  INVESTIGATIVE  INFORMATION  THAT  A  STATE  PSYCHOLOGY  REGULATORY
 AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDES NOTIFICATION AND AN
 OPPORTUNITY TO RESPOND IF REQUIRED BY STATE LAW, HAS REASON TO  BELIEVE,
 IF PROVEN TRUE, WOULD INDICATE MORE THAN A VIOLATION OF STATE STATUTE OR
 ETHICS CODE THAT WOULD BE CONSIDERED MORE SUBSTANTIAL THAN MINOR INFRAC-
 TION; OR
   2.  INVESTIGATIVE  INFORMATION  THAT  INDICATES  THAT THE PSYCHOLOGIST
 REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF
 WHETHER THE PSYCHOLOGIST HAS BEEN NOTIFIED AND/OR HAD AN OPPORTUNITY  TO
 RESPOND.
   Y.  "STATE"  MEANS: A STATE, COMMONWEALTH, TERRITORY, OR POSSESSION OF
 THE UNITED STATES, THE DISTRICT OF COLUMBIA.
   Z. "STATE PSYCHOLOGY REGULATORY AUTHORITY" MEANS: THE BOARD, OFFICE OR
 OTHER AGENCY WITH THE LEGISLATIVE MANDATE TO LICENSE  AND  REGULATE  THE
 PRACTICE OF PSYCHOLOGY.
   AA.  "TELEPSYCHOLOGY"  MEANS:  THE PROVISION OF PSYCHOLOGICAL SERVICES
 USING TELECOMMUNICATION TECHNOLOGIES.
   BB.  "TEMPORARY AUTHORIZATION TO PRACTICE" MEANS: A LICENSED  PSYCHOL-
 OGIST'S AUTHORITY TO CONDUCT TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE,
 WITHIN  THE  LIMITS  AUTHORIZED  UNDER  THIS COMPACT, IN ANOTHER COMPACT
 STATE.
   CC.  "TEMPORARY  IN-PERSON,  FACE-TO-FACE  PRACTICE"  MEANS:  WHERE  A
 PSYCHOLOGIST  IS PHYSICALLY PRESENT (NOT THROUGH THE USE OF TELECOMMUNI-
 CATIONS TECHNOLOGIES), IN THE DISTANT STATE TO PROVIDE FOR THE  PRACTICE
 OF  PSYCHOLOGY FOR 30 DAYS WITHIN A CALENDAR YEAR AND BASED ON NOTIFICA-
 TION TO THE DISTANT STATE.
 A. 7947                             5
 
                               ARTICLE III.
                           HOME STATE LICENSURE
 
   A.  THE  HOME  STATE  SHALL BE A COMPACT STATE WHERE A PSYCHOLOGIST IS
 LICENSED TO PRACTICE PSYCHOLOGY.
   B. A PSYCHOLOGIST MAY HOLD ONE OR MORE COMPACT  STATE  LICENSES  AT  A
 TIME.  IF  THE  PSYCHOLOGIST IS LICENSED IN MORE THAN ONE COMPACT STATE,
 THE HOME STATE IS THE COMPACT STATE WHERE THE PSYCHOLOGIST IS PHYSICALLY
 PRESENT WHEN THE SERVICES ARE DELIVERED AS AUTHORIZED BY  THE  AUTHORITY
 TO  PRACTICE  INTERJURISDICTIONAL TELEPSYCHOLOGY UNDER THE TERMS OF THIS
 COMPACT.
   C. ANY  COMPACT  STATE  MAY  REQUIRE  A  PSYCHOLOGIST  NOT  PREVIOUSLY
 LICENSED IN A COMPACT STATE TO OBTAIN AND RETAIN A LICENSE TO BE AUTHOR-
 IZED TO PRACTICE IN THE COMPACT STATE UNDER CIRCUMSTANCES NOT AUTHORIZED
 BY  THE  AUTHORITY  TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY UNDER
 THE TERMS OF THIS COMPACT.
   D. ANY COMPACT STATE MAY REQUIRE A PSYCHOLOGIST TO OBTAIN AND RETAIN A
 LICENSE TO BE AUTHORIZED TO PRACTICE IN A COMPACT  STATE  UNDER  CIRCUM-
 STANCES  NOT AUTHORIZED BY TEMPORARY AUTHORIZATION TO PRACTICE UNDER THE
 TERMS OF THIS COMPACT.
   E. A HOME STATE'S LICENSE AUTHORIZES A PSYCHOLOGIST TO PRACTICE  IN  A
 RECEIVING  STATE  UNDER  THE  AUTHORITY  TO PRACTICE INTERJURISDICTIONAL
 TELEPSYCHOLOGY ONLY IF THE COMPACT STATE:
   1. CURRENTLY REQUIRES THE PSYCHOLOGIST TO HOLD AN ACTIVE E.PASSPORT;
   2. HAS A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING COMPLAINTS
 ABOUT LICENSED INDIVIDUALS;
   3. NOTIFIES THE COMMISSION, IN COMPLIANCE WITH THE  TERMS  HEREIN,  OF
 ANY  ADVERSE ACTION OR SIGNIFICANT INVESTIGATORY INFORMATION REGARDING A
 LICENSED INDIVIDUAL;
   4. REQUIRES AN IDENTITY HISTORY SUMMARY OF ALL APPLICANTS  AT  INITIAL
 LICENSURE,  INCLUDING  THE  USE  OF THE RESULTS OF FINGERPRINTS OR OTHER
 BIOMETRIC DATA CHECKS COMPLIANT WITH THE  REQUIREMENTS  OF  THE  FEDERAL
 BUREAU  OF  INVESTIGATION,  OR OTHER DESIGNEE WITH SIMILAR AUTHORITY, NO
 LATER THAN TEN YEARS AFTER ACTIVATION OF THIS COMPACT; AND
   5. COMPLIES WITH THE BYLAWS AND RULES OF THE COMMISSION.
   F. A HOME STATE'S LICENSE GRANTS TEMPORARY AUTHORIZATION  TO  PRACTICE
 TO A PSYCHOLOGIST IN A DISTANT STATE ONLY IF THE COMPACT STATE:
   1. CURRENTLY REQUIRES THE PSYCHOLOGIST TO HOLD AN ACTIVE IPC;
   2. HAS A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING COMPLAINTS
 ABOUT LICENSED INDIVIDUALS;
   3.  NOTIFIES  THE  COMMISSION, IN COMPLIANCE WITH THE TERMS HEREIN, OF
 ANY ADVERSE ACTION OR SIGNIFICANT INVESTIGATORY INFORMATION REGARDING  A
 LICENSED INDIVIDUAL;
   4.  REQUIRES  AN IDENTITY HISTORY SUMMARY OF ALL APPLICANTS AT INITIAL
 LICENSURE, INCLUDING THE USE OF THE RESULTS  OF  FINGERPRINTS  OR  OTHER
 BIOMETRIC  DATA  CHECKS  COMPLIANT  WITH THE REQUIREMENTS OF THE FEDERAL
 BUREAU OF INVESTIGATION, OR OTHER DESIGNEE WITH  SIMILAR  AUTHORITY,  NO
 LATER THAN TEN YEARS AFTER ACTIVATION OF THIS COMPACT; AND
   5. COMPLIES WITH THE BYLAWS AND RULES OF THE COMMISSION.
 
                                ARTICLE IV.
               COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
 
   A.  COMPACT  STATES  SHALL  RECOGNIZE  THE  RIGHT  OF  A PSYCHOLOGIST,
 LICENSED IN A COMPACT STATE IN CONFORMANCE  WITH  ARTICLE  III  OF  THIS
 COMPACT,  TO  PRACTICE TELEPSYCHOLOGY IN OTHER COMPACT STATES (RECEIVING
 A. 7947                             6
 
 STATES) IN WHICH THE PSYCHOLOGIST IS NOT LICENSED, UNDER  THE  AUTHORITY
 TO  PRACTICE  INTERJURISDICTIONAL  TELEPSYCHOLOGY  AS  PROVIDED  IN THIS
 COMPACT.
   B.  TO EXERCISE THE AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSY-
 CHOLOGY UNDER THE TERMS AND PROVISIONS OF THIS COMPACT,  A  PSYCHOLOGIST
 LICENSED TO PRACTICE IN A COMPACT STATE MUST:
   1.  HOLD  A  GRADUATE DEGREE IN PSYCHOLOGY FROM AN INSTITUTE OF HIGHER
 EDUCATION THAT WAS, AT THE TIME THE DEGREE WAS AWARDED:
   A. REGIONALLY ACCREDITED BY AN ACCREDITING BODY RECOGNIZED BY THE U.S.
 DEPARTMENT OF EDUCATION TO GRANT  GRADUATE  DEGREES,  OR  AUTHORIZED  BY
 PROVINCIAL STATUTE OR ROYAL CHARTER TO GRANT DOCTORAL DEGREES; OR
   B.  A  FOREIGN  COLLEGE OR UNIVERSITY DEEMED TO BE EQUIVALENT TO 1 (A)
 ABOVE BY A FOREIGN CREDENTIAL EVALUATION SERVICE THAT IS A MEMBER OF THE
 NATIONAL ASSOCIATION OF CREDENTIAL EVALUATION SERVICES (NACES) OR  BY  A
 RECOGNIZED FOREIGN CREDENTIAL EVALUATION SERVICE; AND
   2.  HOLD  A  GRADUATE  DEGREE  IN  PSYCHOLOGY THAT MEETS THE FOLLOWING
 CRITERIA:
   A. THE PROGRAM, WHEREVER IT MAY BE ADMINISTRATIVELY  HOUSED,  MUST  BE
 CLEARLY  IDENTIFIED  AND LABELED AS A PSYCHOLOGY PROGRAM. SUCH A PROGRAM
 MUST SPECIFY IN PERTINENT INSTITUTIONAL  CATALOGUES  AND  BROCHURES  ITS
 INTENT TO EDUCATE AND TRAIN PROFESSIONAL PSYCHOLOGISTS;
   B.  THE  PSYCHOLOGY  PROGRAM  MUST  STAND AS A RECOGNIZABLE, COHERENT,
 ORGANIZATIONAL ENTITY WITHIN THE INSTITUTION;
   C. THERE MUST BE A CLEAR AUTHORITY AND PRIMARY RESPONSIBILITY FOR  THE
 CORE AND SPECIALTY AREAS WHETHER OR NOT THE PROGRAM CUTS ACROSS ADMINIS-
 TRATIVE LINES;
   D.  THE  PROGRAM  MUST CONSIST OF AN INTEGRATED, ORGANIZED SEQUENCE OF
 STUDY;
   E. THERE MUST BE AN IDENTIFIABLE PSYCHOLOGY FACULTY SUFFICIENT IN SIZE
 AND BREADTH TO CARRY OUT ITS RESPONSIBILITIES;
   F. THE DESIGNATED DIRECTOR OF THE PROGRAM MUST BE A PSYCHOLOGIST AND A
 MEMBER OF THE CORE FACULTY;
   G. THE PROGRAM MUST HAVE AN IDENTIFIABLE  BODY  OF  STUDENTS  WHO  ARE
 MATRICULATED IN THAT PROGRAM FOR A DEGREE;
   H. THE PROGRAM MUST INCLUDE SUPERVISED PRACTICUM, INTERNSHIP, OR FIELD
 TRAINING APPROPRIATE TO THE PRACTICE OF PSYCHOLOGY;
   I. THE CURRICULUM SHALL ENCOMPASS A MINIMUM OF THREE ACADEMIC YEARS OF
 FULL-TIME  GRADUATE  STUDY  FOR  DOCTORAL  DEGREE  AND  A MINIMUM OF ONE
 ACADEMIC YEAR OF FULL-TIME GRADUATE STUDY FOR MASTER'S DEGREE;
   J. THE PROGRAM INCLUDES AN ACCEPTABLE  RESIDENCY  AS  DEFINED  BY  THE
 RULES OF THE COMMISSION.
   3.  POSSESS  A  CURRENT,  FULL  AND  UNRESTRICTED  LICENSE TO PRACTICE
 PSYCHOLOGY IN A HOME STATE WHICH IS A COMPACT STATE;
   4. HAVE NO HISTORY OF ADVERSE ACTION THAT VIOLATE  THE  RULES  OF  THE
 COMMISSION;
   5.  HAVE  NO  CRIMINAL  RECORD HISTORY REPORTED ON AN IDENTITY HISTORY
 SUMMARY THAT VIOLATES THE RULES OF THE COMMISSION;
   6. POSSESS A CURRENT, ACTIVE E.PASSPORT;
   7. PROVIDE ATTESTATIONS IN  REGARD  TO  AREAS  OF  INTENDED  PRACTICE,
 CONFORMITY  WITH  STANDARDS  OF  PRACTICE,  COMPETENCE IN TELEPSYCHOLOGY
 TECHNOLOGY; CRIMINAL BACKGROUND; AND KNOWLEDGE AND  ADHERENCE  TO  LEGAL
 REQUIREMENTS  IN THE HOME AND RECEIVING STATES, AND PROVIDE A RELEASE OF
 INFORMATION TO ALLOW FOR PRIMARY SOURCE VERIFICATION IN A MANNER  SPECI-
 FIED BY THE COMMISSION; AND
   8. MEET OTHER CRITERIA AS DEFINED BY THE RULES OF THE COMMISSION.
 A. 7947                             7
 
   C. THE HOME STATE MAINTAINS AUTHORITY OVER THE LICENSE OF ANY PSYCHOL-
 OGIST  PRACTICING INTO A RECEIVING STATE UNDER THE AUTHORITY TO PRACTICE
 INTERJURISDICTIONAL TELEPSYCHOLOGY.
   D. A PSYCHOLOGIST PRACTICING INTO A RECEIVING STATE UNDER THE AUTHORI-
 TY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY WILL BE SUBJECT TO THE
 RECEIVING  STATE'S  SCOPE OF PRACTICE. A RECEIVING STATE MAY, IN ACCORD-
 ANCE WITH THAT STATE'S DUE PROCESS LAW, LIMIT OR REVOKE A PSYCHOLOGIST'S
 AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY IN THE  RECEIV-
 ING  STATE  AND MAY TAKE ANY OTHER NECESSARY ACTIONS UNDER THE RECEIVING
 STATE'S APPLICABLE LAW TO PROTECT THE HEALTH AND SAFETY OF THE RECEIVING
 STATE'S CITIZENS. IF A RECEIVING STATE TAKES  ACTION,  THE  STATE  SHALL
 PROMPTLY NOTIFY THE HOME STATE AND THE COMMISSION.
   E.  IF  A  PSYCHOLOGIST'S  LICENSE  IN ANY HOME STATE, ANOTHER COMPACT
 STATE, OR ANY AUTHORITY TO PRACTICE  INTERJURISDICTIONAL  TELEPSYCHOLOGY
 IN  ANY  RECEIVING STATE, IS RESTRICTED, SUSPENDED OR OTHERWISE LIMITED,
 THE E.PASSPORT SHALL BE REVOKED AND THEREFORE THE PSYCHOLOGIST SHALL NOT
 BE ELIGIBLE TO PRACTICE TELEPSYCHOLOGY IN  A  COMPACT  STATE  UNDER  THE
 AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY.
 
                                ARTICLE V.
                COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
 
   A.  COMPACT  STATES  SHALL ALSO RECOGNIZE THE RIGHT OF A PSYCHOLOGIST,
 LICENSED IN A COMPACT STATE IN CONFORMANCE WITH ARTICLE III, TO PRACTICE
 TEMPORARILY IN OTHER  COMPACT  STATES  (DISTANT  STATES)  IN  WHICH  THE
 PSYCHOLOGIST IS NOT LICENSED, AS PROVIDED IN THE COMPACT.
   B. TO EXERCISE THE TEMPORARY AUTHORIZATION TO PRACTICE UNDER THE TERMS
 AND PROVISIONS OF THIS COMPACT, A PSYCHOLOGIST LICENSED TO PRACTICE IN A
 COMPACT STATE MUST:
   1.  HOLD  A  GRADUATE DEGREE IN PSYCHOLOGY FROM AN INSTITUTE OF HIGHER
 EDUCATION THAT WAS, AT THE TIME THE DEGREE WAS AWARDED:
   A. REGIONALLY ACCREDITED BY AN ACCREDITING BODY RECOGNIZED BY THE U.S.
 DEPARTMENT OF EDUCATION TO GRANT  GRADUATE  DEGREES,  OR  AUTHORIZED  BY
 PROVINCIAL STATUTE OR ROYAL CHARTER TO GRANT DOCTORAL DEGREES; OR
   B.  A  FOREIGN  COLLEGE OR UNIVERSITY DEEMED TO BE EQUIVALENT TO 1 (A)
 ABOVE BY A FOREIGN CREDENTIAL EVALUATION SERVICE THAT IS A MEMBER OF THE
 NATIONAL ASSOCIATION OF CREDENTIAL EVALUATION SERVICES (NACES) OR  BY  A
 RECOGNIZED FOREIGN CREDENTIAL EVALUATION SERVICE; AND
   2.  HOLD  A  GRADUATE  DEGREE  IN  PSYCHOLOGY THAT MEETS THE FOLLOWING
 CRITERIA:
   A. THE PROGRAM, WHEREVER IT MAY BE ADMINISTRATIVELY  HOUSED,  MUST  BE
 CLEARLY  IDENTIFIED  AND LABELED AS A PSYCHOLOGY PROGRAM. SUCH A PROGRAM
 MUST SPECIFY IN PERTINENT INSTITUTIONAL  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 ADMINIS-
 TRATIVE 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;
 A. 7947                             8
 
   G. THE PROGRAM MUST HAVE AN IDENTIFIABLE  BODY  OF  STUDENTS  WHO  ARE
 MATRICULATED IN THAT PROGRAM FOR A DEGREE;
   H. THE PROGRAM MUST INCLUDE SUPERVISED PRACTICUM, INTERNSHIP, OR FIELD
 TRAINING APPROPRIATE TO THE PRACTICE OF PSYCHOLOGY;
   I. THE CURRICULUM SHALL ENCOMPASS A MINIMUM OF THREE ACADEMIC YEARS OF
 FULL-TIME  GRADUATE  STUDY  FOR  DOCTORAL  DEGREES  AND A MINIMUM OF ONE
 ACADEMIC YEAR OF FULL-TIME GRADUATE STUDY FOR MASTER'S DEGREE; AND
   J. THE PROGRAM INCLUDES AN ACCEPTABLE  RESIDENCY  AS  DEFINED  BY  THE
 RULES OF THE COMMISSION.
   3.  POSSESS  A  CURRENT,  FULL  AND  UNRESTRICTED  LICENSE TO PRACTICE
 PSYCHOLOGY IN A HOME STATE WHICH IS A COMPACT STATE;
   4. NO HISTORY OF ADVERSE ACTION THAT VIOLATE THE RULES OF THE  COMMIS-
 SION;
   5.  NO  CRIMINAL RECORD HISTORY THAT VIOLATES THE RULES OF THE COMMIS-
 SION;
   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 PRIMA-
 RY 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 AUTHOR-
 ITY 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 SAFE-
 TY OF THE DISTANT STATE'S CITIZENS.  IF A DISTANT  STATE  TAKES  ACTION,
 THE STATE SHALL PROMPTLY NOTIFY THE HOME STATE AND THE COMMISSION.
   E.  IF  A  PSYCHOLOGIST'S  LICENSE  IN ANY HOME STATE, ANOTHER COMPACT
 STATE, OR ANY TEMPORARY AUTHORIZATION TO PRACTICE IN ANY DISTANT  STATE,
 IS  RESTRICTED, SUSPENDED OR OTHERWISE LIMITED, THE IPC SHALL BE REVOKED
 AND THEREFORE THE PSYCHOLOGIST SHALL NOT BE ELIGIBLE TO  PRACTICE  IN  A
 COMPACT STATE UNDER THE TEMPORARY AUTHORIZATION TO PRACTICE.
 
                                ARTICLE VI.
        CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
 
   A. A PSYCHOLOGIST MAY PRACTICE IN A RECEIVING STATE UNDER THE AUTHORI-
 TY  TO  PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY ONLY IN THE PERFORM-
 ANCE OF THE SCOPE OF PRACTICE FOR PSYCHOLOGY AS ASSIGNED BY AN APPROPRI-
 ATE STATE PSYCHOLOGY REGULATORY AUTHORITY, AS DEFINED IN  THE  RULES  OF
 THE COMMISSION, AND UNDER THE FOLLOWING CIRCUMSTANCES:
   1. THE PSYCHOLOGIST INITIATES A CLIENT/PATIENT CONTACT IN A HOME STATE
 VIA TELECOMMUNICATIONS TECHNOLOGIES WITH A CLIENT/PATIENT IN A RECEIVING
 STATE;
   2.  OTHER  CONDITIONS  REGARDING TELEPSYCHOLOGY AS DETERMINED BY RULES
 PROMULGATED BY THE COMMISSION.
 
                               ARTICLE VII.
                              ADVERSE ACTIONS
 
   A. A HOME STATE SHALL HAVE THE POWER TO IMPOSE ADVERSE ACTION  AGAINST
 A PSYCHOLOGIST'S LICENSE ISSUED BY THE HOME STATE. A DISTANT STATE SHALL
 A. 7947                             9
 
 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 PSYCHOL-
 OGIST  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.    FURTHER-
 MORE,  THAT PSYCHOLOGIST'S TEMPORARY AUTHORIZATION TO PRACTICE IS TERMI-
 NATED AND THE IPC IS REVOKED.
   1. ALL HOME STATE DISCIPLINARY  ORDERS  WHICH  IMPOSE  ADVERSE  ACTION
 SHALL BE REPORTED TO THE COMMISSION IN ACCORDANCE WITH THE RULES PROMUL-
 GATED 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 PSYCHOL-
 OGIST  WILL  NOT  BE ELIGIBLE FOR TELEPSYCHOLOGY OR TEMPORARY IN-PERSON,
 FACE-TO-FACE PRACTICE IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
   3. OTHER ACTIONS MAY BE IMPOSED AS DETERMINED BY THE RULES PROMULGATED
 BY THE COMMISSION.
   D. A HOME STATE'S PSYCHOLOGY REGULATORY  AUTHORITY  SHALL  INVESTIGATE
 AND  TAKE  APPROPRIATE  ACTION  WITH  RESPECT  TO REPORTED INAPPROPRIATE
 CONDUCT ENGAGED IN BY A LICENSEE WHICH OCCURRED IN A RECEIVING STATE  AS
 IT  WOULD  IF  SUCH  CONDUCT  HAD OCCURRED BY A LICENSEE WITHIN THE HOME
 STATE. IN SUCH CASES, THE HOME STATE'S LAW SHALL CONTROL IN  DETERMINING
 ANY ADVERSE ACTION AGAINST A PSYCHOLOGIST'S LICENSE.
   E. A DISTANT STATE'S PSYCHOLOGY REGULATORY AUTHORITY SHALL INVESTIGATE
 AND  TAKE  APPROPRIATE  ACTION  WITH  RESPECT  TO REPORTED INAPPROPRIATE
 CONDUCT ENGAGED IN BY A PSYCHOLOGIST PRACTICING UNDER TEMPORARY AUTHORI-
 ZATION PRACTICE WHICH OCCURRED IN THAT DISTANT STATE AS IT WOULD IF SUCH
 CONDUCT HAD OCCURRED BY A LICENSEE WITHIN THE HOME STATE. IN SUCH CASES,
 DISTANT STATE'S LAW SHALL CONTROL  IN  DETERMINING  ANY  ADVERSE  ACTION
 AGAINST A PSYCHOLOGIST'S TEMPORARY AUTHORIZATION TO PRACTICE.
   F.  NOTHING  IN THIS COMPACT SHALL OVERRIDE A COMPACT STATE'S DECISION
 THAT A PSYCHOLOGIST'S PARTICIPATION IN AN  ALTERNATIVE  PROGRAM  MAY  BE
 USED  IN LIEU OF ADVERSE ACTION AND THAT SUCH PARTICIPATION SHALL REMAIN
 NON-PUBLIC IF REQUIRED BY THE COMPACT STATE'S LAW. COMPACT  STATES  MUST
 REQUIRE  PSYCHOLOGISTS WHO ENTER ANY ALTERNATIVE PROGRAMS TO NOT PROVIDE
 TELEPSYCHOLOGY SERVICES UNDER THE AUTHORITY TO  PRACTICE  INTERJURISDIC-
 TIONAL  TELEPSYCHOLOGY OR PROVIDE TEMPORARY PSYCHOLOGICAL SERVICES UNDER
 THE TEMPORARY AUTHORIZATION TO  PRACTICE  IN  ANY  OTHER  COMPACT  STATE
 DURING THE TERM OF THE ALTERNATIVE PROGRAM.
   G.  NO OTHER JUDICIAL OR ADMINISTRATIVE REMEDIES SHALL BE AVAILABLE TO
 A PSYCHOLOGIST IN THE EVENT A COMPACT STATE IMPOSES  AN  ADVERSE  ACTION
 PURSUANT TO SUBSECTION C, ABOVE.
 
                               ARTICLE VIII.
      ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY
                           REGULATORY AUTHORITY
 
   A.  IN ADDITION TO ANY OTHER POWERS GRANTED UNDER STATE LAW, A COMPACT
 STATE'S PSYCHOLOGY REGULATORY AUTHORITY SHALL HAVE THE  AUTHORITY  UNDER
 THIS COMPACT TO:
   1.  ISSUE  SUBPOENAS,  FOR  BOTH  HEARINGS  AND  INVESTIGATIONS, WHICH
 REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION  OF
 A. 7947                            10
 
 EVIDENCE.    SUBPOENAS ISSUED BY A COMPACT STATE'S PSYCHOLOGY REGULATORY
 AUTHORITY FOR THE ATTENDANCE AND  TESTIMONY  OF  WITNESSES,  AND/OR  THE
 PRODUCTION  OF  EVIDENCE FROM ANOTHER COMPACT STATE SHALL BE ENFORCED IN
 THE  LATTER  STATE  BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO
 THAT COURT'S PRACTICE AND PROCEDURE IN CONSIDERING SUBPOENAS  ISSUED  IN
 ITS  OWN  PROCEEDINGS. THE ISSUING STATE PSYCHOLOGY REGULATORY AUTHORITY
 SHALL PAY ANY WITNESS FEES, TRAVEL  EXPENSES,  MILEAGE  AND  OTHER  FEES
 REQUIRED BY THE SERVICE STATUTES OF THE STATE WHERE THE WITNESSES AND/OR
 EVIDENCE ARE LOCATED; AND
   2.  ISSUE CEASE AND DESIST AND/OR INJUNCTIVE RELIEF ORDERS TO REVOKE A
 PSYCHOLOGIST'S AUTHORITY TO PRACTICE INTERJURISDICTIONAL  TELEPSYCHOLOGY
 AND/OR TEMPORARY AUTHORIZATION TO PRACTICE.
   3.  DURING  THE  COURSE  OF  ANY INVESTIGATION, A PSYCHOLOGIST MAY NOT
 CHANGE HIS/HER HOME STATE LICENSURE. A HOME STATE PSYCHOLOGY  REGULATORY
 AUTHORITY  IS  AUTHORIZED  TO  COMPLETE  ANY PENDING INVESTIGATIONS OF A
 PSYCHOLOGIST AND TO TAKE ANY ACTIONS APPROPRIATE UNDER ITS LAW. THE HOME
 STATE PSYCHOLOGY REGULATORY AUTHORITY SHALL PROMPTLY REPORT THE  CONCLU-
 SIONS  OF  SUCH  INVESTIGATIONS TO THE COMMISSION. ONCE AN INVESTIGATION
 HAS BEEN COMPLETED, AND PENDING THE OUTCOME OF SAID  INVESTIGATION,  THE
 PSYCHOLOGIST  MAY  CHANGE  HIS/HER  HOME STATE LICENSURE. THE COMMISSION
 SHALL PROMPTLY NOTIFY THE NEW  HOME  STATE  OF  ANY  SUCH  DECISIONS  AS
 PROVIDED IN THE RULES OF THE COMMISSION. ALL INFORMATION PROVIDED TO THE
 COMMISSION OR DISTRIBUTED BY COMPACT STATES PURSUANT TO THE PSYCHOLOGIST
 SHALL  BE  CONFIDENTIAL,  FILED UNDER SEAL AND USED FOR INVESTIGATORY OR
 DISCIPLINARY MATTERS.  THE COMMISSION MAY CREATE  ADDITIONAL  RULES  FOR
 MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY COMPACT STATES.
 
                                ARTICLE IX.
                 COORDINATED LICENSURE INFORMATION SYSTEM
 
   A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT AND MAINTENANCE OF
 A  COORDINATED  LICENSURE  INFORMATION SYSTEM (COORDINATED DATABASE) AND
 REPORTING SYSTEM CONTAINING LICENSURE AND DISCIPLINARY  ACTION  INFORMA-
 TION ON ALL PSYCHOLOGISTS INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE
 IN ALL COMPACT STATES AS DEFINED BY THE RULES OF THE COMMISSION.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 COMPACT  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE COORDINATED DATA-
 BASE 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 INTERJU-
 RISDICTIONAL TELEPSYCHOLOGY AND/OR TEMPORARY AUTHORIZATION  TO  PRACTICE
 IS REVOKED;
   6. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION INFORMATION;
   7.  ANY  DENIAL OF APPLICATION FOR LICENSURE, AND THE REASONS FOR SUCH
 DENIAL; AND
   8. OTHER INFORMATION WHICH MAY FACILITATE THE ADMINISTRATION  OF  THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
   C.  THE  COORDINATED  DATABASE ADMINISTRATOR SHALL PROMPTLY NOTIFY ALL
 COMPACT STATES OF ANY  ADVERSE  ACTION  TAKEN  AGAINST,  OR  SIGNIFICANT
 INVESTIGATIVE INFORMATION ON, ANY LICENSEE IN A COMPACT STATE.
 A. 7947                            11

   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 DATA-
 BASE.
 
                                ARTICLE X.
        ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
                                COMMISSION
 
   A. THE COMPACT STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC AGEN-
 CY 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 COMMIS-
 SION 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 SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING, AND MEETINGS.
   1. THE COMMISSION SHALL CONSIST OF ONE VOTING REPRESENTATIVE APPOINTED
 BY  EACH COMPACT STATE WHO SHALL SERVE AS THAT STATE'S COMMISSIONER. THE
 STATE PSYCHOLOGY REGULATORY AUTHORITY SHALL APPOINT ITS  DELEGATE.  THIS
 DELEGATE  SHALL BE EMPOWERED TO ACT ON BEHALF OF THE COMPACT STATE. THIS
 DELEGATE SHALL BE LIMITED TO:
   A. EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY OR SIMILAR EXECUTIVE;
   B. CURRENT MEMBER OF THE STATE PSYCHOLOGY REGULATORY  AUTHORITY  OF  A
 COMPACT STATE; OR
   C.  DESIGNEE  EMPOWERED WITH THE APPROPRIATE DELEGATE AUTHORITY TO ACT
 ON BEHALF OF THE COMPACT STATE.
   2. ANY COMMISSIONER  MAY  BE  REMOVED  OR  SUSPENDED  FROM  OFFICE  AS
 PROVIDED  BY  THE  LAW  OF  THE  STATE  FROM  WHICH  THE COMMISSIONER IS
 APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL  BE  FILLED  IN
 ACCORDANCE  WITH  THE  LAWS  OF  THE  COMPACT STATE IN WHICH THE VACANCY
 EXISTS.
   3. EACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD  TO
 THE  PROMULGATION  OF  RULES  AND CREATION OF BYLAWS AND SHALL OTHERWISE
 HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND  AFFAIRS  OF  THE
 COMMISSION.  A  COMMISSIONER SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS
 AS PROVIDED IN THE BYLAWS. THE BYLAWS  MAY  PROVIDE  FOR  COMMISSIONERS'
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   4.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   5. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN ARTICLE XI.
   6. THE COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING  IF  THE
 COMMISSION MUST DISCUSS:
   A.  NON-COMPLIANCE  OF  A COMPACT STATE WITH ITS OBLIGATIONS UNDER THE
 COMPACT;
 A. 7947                            12
 
   B.  THE  EMPLOYMENT,  COMPENSATION,  DISCIPLINE  OR  OTHER   PERSONNEL
 MATTERS,  PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
 MATTERS RELATED TO THE COMMISSION'S  INTERNAL  PERSONNEL  PRACTICES  AND
 PROCEDURES;
   C.  CURRENT,  THREATENED, OR REASONABLY ANTICIPATED LITIGATION AGAINST
 THE COMMISSION;
   D. NEGOTIATION OF  CONTRACTS  FOR  THE  PURCHASE  OR  SALE  OF  GOODS,
 SERVICES OR REAL ESTATE;
   E.  ACCUSATION AGAINST ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY
 PERSON;
   F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL  INFORMATION
 WHICH IS PRIVILEGED OR CONFIDENTIAL;
   G.  DISCLOSURE  OF  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   H. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES;
   I.  DISCLOSURE  OF  INFORMATION  RELATED  TO ANY INVESTIGATORY REPORTS
 PREPARED BY OR ON BEHALF OF OR  FOR  USE  OF  THE  COMMISSION  OR  OTHER
 COMMITTEE CHARGED WITH RESPONSIBILITY FOR INVESTIGATION OR DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J.  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL AND STATE
 STATUTE.
   7. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT  TO  THIS
 PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION. THE COMMISSION SHALL KEEP MINUTES  WHICH  FULLY  AND  CLEARLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE  SUMMARY  OF  ACTIONS TAKEN, OF ANY PERSON PARTICIPATING IN THE
 MEETING, AND THE REASONS THEREFORE, INCLUDING A DESCRIPTION OF THE VIEWS
 EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION WITH AN  ACTION  SHALL
 BE  IDENTIFIED  IN  SUCH  MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED
 MEETING SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE ONLY BY  A  MAJORITY
 VOTE OF THE COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION.
   C.  THE  COMMISSION  SHALL,  BY  A MAJORITY VOTE OF THE COMMISSIONERS,
 PRESCRIBE BYLAWS AND/OR RULES TO GOVERN ITS CONDUCT AS MAY BE  NECESSARY
 OR  APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THE
 COMPACT, INCLUDING BUT NOT LIMITED TO:
   1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   2. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   A. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   B. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF  ANY  AUTHORITY  OR
 FUNCTION OF THE COMMISSION;
   3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
 OF  THE  COMMISSION,  ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS
 AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS  BY  INTER-
 ESTED  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 PRACTI-
 CABLE,  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 PROCE-
 DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
 A. 7947                            13
 
   5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF  THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND-
 ING 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 COMMIS-
 SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT  MAY  EXIST
 AFTER  THE TERMINATION OF THE COMPACT AFTER THE PAYMENT AND/OR RESERVING
 OF ALL OF ITS DEBTS AND OBLIGATIONS;
   8. THE COMMISSION SHALL PUBLISH ITS BYLAWS IN A  CONVENIENT  FORM  AND
 FILE A COPY THEREOF AND A COPY OF ANY AMENDMENT THERETO, WITH THE APPRO-
 PRIATE 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 COORDI-
 NATE  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 REGU-
 LATORY AUTHORITY OR OTHER REGULATORY  BODY  RESPONSIBLE  FOR  PSYCHOLOGY
 LICENSURE TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A COMPACT STATE;
   5.  TO  HIRE  EMPLOYEES,  ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE PURPOSES OF THE COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSONNEL
 POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICATIONS
 OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   6.  TO  ACCEPT  ANY AND ALL APPROPRIATE DONATIONS AND GRANTS OF MONEY,
 EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND
 DISPOSE OF THE SAME; PROVIDED THAT AT ALL  TIMES  THE  COMMISSION  SHALL
 STRIVE  TO AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTER-
 EST;
   7. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR  DONATIONS  OF,  OR
 OTHERWISE  TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL OR
 MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL STRIVE  TO  AVOID
 ANY APPEARANCE OF IMPROPRIETY;
   8.  TO  SELL,  CONVEY,  MORTGAGE,  PLEDGE, LEASE, EXCHANGE, ABANDON OR
 OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL OR MIXED;
   9. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   10. TO BORROW MONEY;
   11. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED  OF
 MEMBERS,  STATE  REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
 AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS  AS  MAY
 BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
   12.  TO  PROVIDE  AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH,
 LAW ENFORCEMENT AGENCIES;
   13. TO ADOPT AND USE AN OFFICIAL SEAL; AND
 A. 7947                            14
 
   14. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION  OF PSYCHOLOGY LICENSURE, TEMPORARY IN-PERSON, FACE-TO-FACE PRAC-
 TICE AND TELEPSYCHOLOGY PRACTICE.
   E. THE EXECUTIVE BOARD.
   THE  ELECTED  OFFICERS SHALL SERVE AS THE EXECUTIVE BOARD, WHICH SHALL
 HAVE THE POWER TO ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS
 OF THIS COMPACT.
   1. THE EXECUTIVE BOARD SHALL BE COMPRISED OF SIX MEMBERS:
   A. FIVE VOTING MEMBERS WHO ARE ELECTED FROM THE CURRENT MEMBERSHIP  OF
 THE COMMISSION BY THE COMMISSION;
   B.  ONE  EX-OFFICIO,  NONVOTING  MEMBER FROM THE RECOGNIZED MEMBERSHIP
 ORGANIZATION COMPOSED OF  STATE  AND  PROVINCIAL  PSYCHOLOGY  REGULATORY
 AUTHORITIES.
   2.  THE  EX-OFFICIO  MEMBER  MUST  HAVE SERVED AS STAFF OR MEMBER ON A
 STATE PSYCHOLOGY REGULATORY  AUTHORITY  AND  WILL  BE  SELECTED  BY  ITS
 RESPECTIVE ORGANIZATION.
   3.  THE  COMMISSION  MAY  REMOVE  ANY MEMBER OF THE EXECUTIVE BOARD AS
 PROVIDED IN BYLAWS.
   4. THE EXECUTIVE BOARD SHALL MEET AT LEAST ANNUALLY.
   5. THE EXECUTIVE BOARD SHALL HAVE THE FOLLOWING DUTIES  AND  RESPONSI-
 BILITIES:
   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 REASON-
 ABLE 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 AGGRE-
 GATE 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
 A. 7947                            15
 
 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 REPRESEN-
 TATIVES 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  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  SUCH  PERSON  FROM
 SUIT  AND/OR  LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED
 BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  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 EMPLOY-
 MENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON  AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR  OR  OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  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  RESPONSI-
 BILITIES,  OR  THAT  SUCH  PERSON  HAD  A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR  RESPONSI-
 BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID
 NOT  RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT
 PERSON.
 
                                ARTICLE XI.
                                RULEMAKING
 
   A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
 CRITERIA SET FORTH IN THIS ARTICLE AND  THE  RULES  ADOPTED  THEREUNDER.
 RULES  AND  AMENDMENTS  SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
 EACH RULE OR AMENDMENT.
   B. IF A MAJORITY OF THE LEGISLATURES OF THE COMPACT STATES  REJECTS  A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT THE COMPACT, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT
 IN ANY COMPACT STATE.
   C.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   D. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY  THE
 COMMISSION,  AND  AT  LEAST SIXTY (60) DAYS IN ADVANCE OF THE MEETING AT
 WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE  COMMISSION  SHALL
 FILE A NOTICE OF PROPOSED RULEMAKING:
   1. ON THE WEBSITE OF THE COMMISSION; AND
 A. 7947                            16
 
   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 WRIT-
 TEN COMMENTS.
   F.  PRIOR  TO  ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
 PERSONS TO SUBMIT WRITTEN DATA, FACTS,  OPINIONS  AND  ARGUMENTS,  WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   G.  THE  COMMISSION  SHALL  GRANT  AN OPPORTUNITY FOR A PUBLIC HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS WHO SUBMIT COMMENTS INDEPENDENTLY
 OF EACH OTHER;
   2. A GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3. A DULY APPOINTED PERSON IN AN ASSOCIATION THAT HAS HAVING AT  LEAST
 TWENTY-FIVE (25) MEMBERS.
   H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION  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 WRIT-
 ING  OF  THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3.  NO TRANSCRIPT OF THE HEARING IS REQUIRED, UNLESS A WRITTEN REQUEST
 FOR A TRANSCRIPT IS MADE, IN WHICH CASE THE PERSON REQUESTING THE  TRAN-
 SCRIPT  SHALL BEAR THE COST OF PRODUCING THE TRANSCRIPT. A RECORDING MAY
 BE MADE IN LIEU OF A TRANSCRIPT UNDER THE SAME TERMS AND CONDITIONS AS A
 TRANSCRIPT. THIS SUBSECTION  SHALL  NOT  PRECLUDE  THE  COMMISSION  FROM
 MAKING A TRANSCRIPT OR RECORDING OF THE HEARING IF IT SO CHOOSES.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   I.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION 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 PROMUL-
 GATION 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
 A. 7947                            17
 
 APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN  NO  EVENT  LATER
 THAN  NINETY  (90)  DAYS  AFTER  THE EFFECTIVE DATE OF THE RULE. FOR THE
 PURPOSES OF THIS PROVISION, AN  EMERGENCY  RULE  IS  ONE  THAT  MUST  BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR COMPACT STATE FUNDS;
   3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
   4. PROTECT PUBLIC HEALTH AND SAFETY.
   M.  THE  COMMISSION  OR  AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
 DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR  PURPOSES
 OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
 ENCY,  OR  GRAMMATICAL  ERRORS.  PUBLIC NOTICE OF ANY REVISIONS SHALL BE
 POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL  BE  SUBJECT
 TO  CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
 ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS  THAT  THE  REVISION
 RESULTS  IN  A  MATERIAL  CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
 WRITING, AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO  THE  END
 OF  THE  NOTICE  PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE
 EFFECT WITHOUT FURTHER  ACTION.  IF  THE  REVISION  IS  CHALLENGED,  THE
 REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
 
                               ARTICLE XII.
               OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
 
   A. OVERSIGHT.
   1.  THE  EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCHES OF STATE GOVERN-
 MENT 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 PERTAIN-
 ING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT  THE  POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE COMMISSION.
   3.  THE  COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
 ANY SUCH PROCEEDING, AND SHALL HAVE STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO
 THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO  THE  COMMIS-
 SION, THIS COMPACT OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
   1.  IF THE COMMISSION DETERMINES THAT A COMPACT STATE HAS DEFAULTED IN
 THE PERFORMANCE  OF  ITS  OBLIGATIONS  OR  RESPONSIBILITIES  UNDER  THIS
 COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
   A.  PROVIDE  WRITTEN  NOTICE TO THE DEFAULTING STATE AND OTHER COMPACT
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF REMEDYING THE
 DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
 ING 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.
 A. 7947                            18
 
   3. TERMINATION OF MEMBERSHIP IN THE  COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO SUSPEND OR TERMINATE SHALL BE SUBMITTED BY THE COMMISSION
 TO THE GOVERNOR, THE MAJORITY AND MINORITY  LEADERS  OF  THE  DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE COMPACT STATES.
   4.  A  COMPACT  STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
 ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED THROUGH THE  EFFECTIVE
 DATE  OF  TERMINATION,  INCLUDING  OBLIGATIONS  WHICH  EXTEND BEYOND THE
 EFFECTIVE DATE OF TERMINATION.
   5. THE COMMISSION SHALL NOT BEAR ANY COSTS INCURRED BY THE STATE WHICH
 IS FOUND TO BE IN DEFAULT OR WHICH HAS BEEN TERMINATED FROM THE COMPACT,
 UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE  DEFAULTING
 STATE.
   6.  THE  DEFAULTING  STATE  MAY APPEAL THE ACTION OF THE COMMISSION BY
 PETITIONING THE 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, INCLUD-
 ING REASONABLE ATTORNEY'S FEES.
   C. DISPUTE RESOLUTION.
   1. UPON REQUEST BY A COMPACT STATE, THE COMMISSION  SHALL  ATTEMPT  TO
 RESOLVE DISPUTES RELATED TO THE COMPACT WHICH ARISE AMONG COMPACT STATES
 AND BETWEEN COMPACT AND NON-COMPACT STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND  BINDING  DISPUTE  RESOLUTION  FOR  DISPUTES  THAT  ARISE BEFORE THE
 COMMISSION.
   D. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION  IN  THE
 UNITED  STATES  DISTRICT  COURT  FOR THE STATE OF GEORGIA OR THE FEDERAL
 DISTRICT WHERE THE COMPACT HAS ITS PRINCIPAL OFFICES AGAINST  A  COMPACT
 STATE  IN  DEFAULT  TO  ENFORCE  COMPLIANCE  WITH  THE PROVISIONS OF THE
 COMPACT AND ITS PROMULGATED RULES AND  BYLAWS.  THE  RELIEF  SOUGHT  MAY
 INCLUDE  BOTH  INJUNCTIVE  RELIEF  AND  DAMAGES.  IN  THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING MEMBER  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
 
                               ARTICLE XIII.
       DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
                                  COMPACT
        COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE. THE  PROVISIONS  WHICH
 BECOME  EFFECTIVE AT THAT TIME SHALL BE LIMITED TO THE POWERS GRANTED TO
 THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF RULES. THER-
 EAFTER, THE COMMISSION SHALL MEET AND EXERCISE RULEMAKING POWERS  NECES-
 SARY TO THE IMPLEMENTATION AND ADMINISTRATION OF THE COMPACT.
   B.  ANY  STATE  WHICH JOINS THE COMPACT SUBSEQUENT TO THE COMMISSION'S
 INITIAL ADOPTION OF THE RULES SHALL BE SUBJECT  TO  THE  RULES  AS  THEY
 EXIST  ON  THE  DATE ON WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY
 RULE WHICH HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE  THE
 A. 7947                            19
 
 FULL  FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT
 STATE.
   C.  ANY  COMPACT  STATE  MAY  WITHDRAW FROM THIS COMPACT BY ENACTING A
 STATUTE REPEALING THE SAME.
   1. A COMPACT STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT  UNTIL  SIX  (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING  STATE'S  PSYCHOLOGY  REGULATORY  AUTHORITY  TO  COMPLY WITH THE
 INVESTIGATIVE AND ADVERSE ACTION  REPORTING  REQUIREMENTS  OF  THIS  ACT
 PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
   D.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY  PSYCHOLOGY  LICENSURE  AGREEMENT  OR  OTHER  COOPERATIVE
 ARRANGEMENT  BETWEEN  A COMPACT STATE AND A NON-COMPACT STATE WHICH DOES
 NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E. THIS COMPACT MAY BE AMENDED BY THE COMPACT STATES. NO AMENDMENT  TO
 THIS  COMPACT  SHALL BECOME EFFECTIVE AND BINDING UPON ANY COMPACT STATE
 UNTIL IT IS ENACTED INTO THE LAW OF ALL COMPACT STATES.
 
                               ARTICLE XIV.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS COMPACT SHALL BE LIBERALLY CONSTRUED  SO  AS  TO  EFFECTUATE  THE
 PURPOSES  THEREOF. IF THIS COMPACT SHALL BE HELD CONTRARY TO THE CONSTI-
 TUTION OF ANY STATE MEMBER THERETO, THE COMPACT  SHALL  REMAIN  IN  FULL
 FORCE AND EFFECT AS TO THE REMAINING COMPACT STATES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART B
 
   Section 1. The public health law is amended by adding  a  new  section
 3035 to read as follows:
   §  3035. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE
 INTERSTATE  COMPACT.  THE  RECOGNITION  OF  EMERGENCY  MEDICAL  SERVICES
 PERSONNEL  LICENSURE  INTERSTATE  COMPACT IS HEREBY ENACTED INTO LAW AND
 ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE  FORM
 SUBSTANTIALLY AS FOLLOWS:
 
       RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE
                            INTERSTATE COMPACT
                                SECTION 1.
                                  PURPOSE
 
   THE  PURPOSE  OF  THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF
 PHYSICAL THERAPY WITH THE GOAL OF IMPROVING PUBLIC  ACCESS  TO  PHYSICAL
 THERAPY  SERVICES.  THE PRACTICE OF PHYSICAL THERAPY OCCURS IN THE STATE
 WHERE THE PATIENT/CLIENT IS LOCATED AT THE TIME  OF  THE  PATIENT/CLIENT
 ENCOUNTER.  THE  COMPACT PRESERVES THE REGULATORY AUTHORITY OF STATES TO
 PROTECT PUBLIC HEALTH AND SAFETY THROUGH THE  CURRENT  SYSTEM  OF  STATE
 LICENSURE.
   THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES:
   1.  INCREASE  PUBLIC  ACCESS TO PHYSICAL THERAPY SERVICES BY PROVIDING
 FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES;
 A. 7947                            20
 
   2. ENHANCE THE STATES' ABILITY TO  PROTECT  THE  PUBLIC'S  HEALTH  AND
 SAFETY;
   3.  ENCOURAGE  THE  COOPERATION  OF MEMBER STATES IN REGULATING MULTI-
 STATE PHYSICAL THERAPY PRACTICE;
   4. SUPPORT SPOUSES OF RELOCATING MILITARY MEMBERS;
   5. ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE, AND  DISCIPLINARY
 INFORMATION BETWEEN MEMBER STATES; AND
   6.  ALLOW A REMOTE STATE TO HOLD A PROVIDER OF SERVICES WITH A COMPACT
 PRIVILEGE IN THAT STATE ACCOUNTABLE TO THAT STATE'S PRACTICE STANDARDS.
 
                                SECTION 2.
                                DEFINITIONS
 
   AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
 ING DEFINITIONS SHALL APPLY:
   1. "ACTIVE DUTY MILITARY" MEANS FULL-TIME DUTY STATUS  IN  THE  ACTIVE
 UNIFORMED  SERVICE  OF  THE  UNITED  STATES,  INCLUDING  MEMBERS  OF THE
 NATIONAL GUARD AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO  10  U.S.C.
 SECTION 1209 AND 1211.
   2.  "ADVERSE  ACTION"  MEANS  DISCIPLINARY  ACTION TAKEN BY A PHYSICAL
 THERAPY LICENSING BOARD BASED UPON MISCONDUCT, UNACCEPTABLE PERFORMANCE,
 OR A COMBINATION OF BOTH.
   3. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR  PRAC-
 TICE REMEDIATION PROCESS APPROVED BY A PHYSICAL THERAPY LICENSING BOARD.
 THIS INCLUDES, BUT IS NOT LIMITED TO, SUBSTANCE ABUSE ISSUES.
   4.  "COMPACT  PRIVILEGE"  MEANS  THE AUTHORIZATION GRANTED BY A REMOTE
 STATE TO ALLOW A LICENSEE FROM ANOTHER MEMBER STATE  TO  PRACTICE  AS  A
 PHYSICAL  THERAPIST  OR  WORK  AS  A PHYSICAL THERAPIST ASSISTANT IN THE
 REMOTE STATE UNDER ITS LAWS AND RULES. THE PRACTICE OF PHYSICAL  THERAPY
 OCCURS  IN  THE  MEMBER STATE WHERE THE PATIENT/CLIENT IS LOCATED AT THE
 TIME OF THE PATIENT/CLIENT ENCOUNTER.
   5.  "CONTINUING COMPETENCE" MEANS A REQUIREMENT,  AS  A  CONDITION  OF
 LICENSE  RENEWAL,  TO  PROVIDE  EVIDENCE  OF  PARTICIPATION  IN,  AND/OR
 COMPLETION OF, EDUCATIONAL AND PROFESSIONAL ACTIVITIES RELEVANT TO PRAC-
 TICE OR AREA OF WORK.
   6.  "DATA SYSTEM" MEANS A REPOSITORY OF INFORMATION  ABOUT  LICENSEES,
 INCLUDING  EXAMINATION, LICENSURE, INVESTIGATIVE, COMPACT PRIVILEGE, AND
 ADVERSE ACTION.
   7. "ENCUMBERED LICENSE"  MEANS  A  LICENSE  THAT  A  PHYSICAL  THERAPY
 LICENSING BOARD HAS LIMITED IN ANY WAY.
   8.  "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.
   9.  "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY
 STATE OF RESIDENCE.
   10. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, AND  DOCU-
 MENTS RECEIVED OR GENERATED BY A PHYSICAL THERAPY LICENSING BOARD PURSU-
 ANT TO AN INVESTIGATION.
   11.  "JURISPRUDENCE  REQUIREMENT"  MEANS THE ASSESSMENT OF AN INDIVID-
 UAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE PRACTICE OF PHYSICAL
 THERAPY IN A STATE.
   12. "LICENSEE" MEANS AN INDIVIDUAL WHO  CURRENTLY  HOLDS  AN  AUTHORI-
 ZATION  FROM THE STATE TO PRACTICE AS A PHYSICAL THERAPIST OR TO WORK AS
 A PHYSICAL THERAPIST ASSISTANT.
   13. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
 A. 7947                            21
 
   14. "PARTY STATE" MEANS ANY MEMBER STATE IN WHICH A LICENSEE  HOLDS  A
 CURRENT  LICENSE  OR  COMPACT  PRIVILEGE OR IS APPLYING FOR A LICENSE OR
 COMPACT PRIVILEGE.
   15.  "PHYSICAL  THERAPIST"  MEANS  AN  INDIVIDUAL WHO IS LICENSED BY A
 STATE TO PRACTICE PHYSICAL THERAPY.
   16.  "PHYSICAL  THERAPIST  ASSISTANT"  MEANS  AN  INDIVIDUAL  WHO   IS
 LICENSED/CERTIFIED  BY A STATE AND WHO ASSISTS THE PHYSICAL THERAPIST IN
 SELECTED COMPONENTS OF PHYSICAL THERAPY.
   17. "PHYSICAL THERAPY," "PHYSICAL THERAPY PRACTICE," AND "THE PRACTICE
 OF PHYSICAL THERAPY" MEAN THE CARE AND SERVICES PROVIDED BY OR UNDER THE
 DIRECTION AND SUPERVISION OF A LICENSED PHYSICAL THERAPIST.
   18. "PHYSICAL THERAPY COMPACT COMMISSION" OR  "COMMISSION"  MEANS  THE
 NATIONAL  ADMINISTRATIVE  BODY  WHOSE  MEMBERSHIP CONSISTS OF ALL STATES
 THAT HAVE ENACTED THE COMPACT.
   19. "PHYSICAL THERAPY LICENSING BOARD" OR "LICENSING BOARD" MEANS  THE
 AGENCY  OF  A STATE THAT IS RESPONSIBLE FOR THE LICENSING AND REGULATION
 OF PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS.
   20. "REMOTE STATE" MEANS A MEMBER STATE OTHER  THAN  THE  HOME  STATE,
 WHERE A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE COMPACT PRIVI-
 LEGE.
   21.  "RULE" MEANS A REGULATION, PRINCIPLE, OR DIRECTIVE PROMULGATED BY
 THE COMMISSION THAT HAS THE FORCE OF LAW.
   22. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR  TERRITORY  OF
 THE  UNITED  STATES  OF  AMERICA THAT REGULATES THE PRACTICE OF PHYSICAL
 THERAPY.
 
                                SECTION 3.
                    STATE PARTICIPATION IN THE COMPACT
 
   A. TO PARTICIPATE IN THE COMPACT, A STATE MUST:
   1. PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING  USING
 THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES;
   2.   HAVE  A  MECHANISM  IN  PLACE  FOR  RECEIVING  AND  INVESTIGATING
 COMPLAINTS ABOUT LICENSEES;
   3. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF THE  COMPACT
 AND  RULES,  OF  ANY ADVERSE ACTION OR THE AVAILABILITY OF INVESTIGATIVE
 INFORMATION REGARDING A LICENSEE;
   4. FULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK REQUIREMENT,  WITHIN  A
 TIME  FRAME ESTABLISHED BY RULE, BY RECEIVING THE RESULTS OF THE FEDERAL
 BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS  AND
 USE THE RESULTS IN MAKING LICENSURE DECISIONS IN ACCORDANCE WITH SECTION
 3.B.;
   5. COMPLY WITH THE RULES OF THE COMMISSION;
   6.  UTILIZE  A  RECOGNIZED  NATIONAL  EXAMINATION AS A REQUIREMENT FOR
 LICENSURE PURSUANT TO THE RULES OF THE COMMISSION; AND
   7. HAVE CONTINUING COMPETENCE REQUIREMENTS AS A CONDITION FOR  LICENSE
 RENEWAL.
   B.  UPON  ADOPTION  OF  THIS  STATUTE, THE MEMBER STATE SHALL HAVE THE
 AUTHORITY TO OBTAIN BIOMETRIC-BASED INFORMATION FROM EACH PHYSICAL THER-
 APY LICENSURE APPLICANT AND  SUBMIT  THIS  INFORMATION  TO  THE  FEDERAL
 BUREAU  OF  INVESTIGATION  FOR A CRIMINAL BACKGROUND CHECK IN ACCORDANCE
 WITH 28 U.S.C. § 534 AND 42 U.S.C. § 14616.
   C. A MEMBER STATE SHALL GRANT THE  COMPACT  PRIVILEGE  TO  A  LICENSEE
 HOLDING  A VALID UNENCUMBERED LICENSE IN ANOTHER MEMBER STATE IN ACCORD-
 ANCE WITH THE TERMS OF THE COMPACT AND RULES.
   D. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A COMPACT PRIVILEGE.
 A. 7947                            22
 
                                SECTION 4.
                             COMPACT PRIVILEGE
 
   A. TO EXERCISE THE COMPACT PRIVILEGE UNDER THE TERMS AND PROVISIONS OF
 THE COMPACT, THE LICENSEE SHALL:
   1. HOLD A LICENSE IN THE HOME STATE;
   2. HAVE NO ENCUMBRANCE ON ANY STATE LICENSE;
   3.  BE ELIGIBLE FOR A COMPACT PRIVILEGE IN ANY MEMBER STATE IN ACCORD-
 ANCE WITH SECTION 4D, G AND H;
   4. HAVE NOT HAD ANY ADVERSE ACTION  AGAINST  ANY  LICENSE  OR  COMPACT
 PRIVILEGE WITHIN THE PREVIOUS 2 YEARS;
   5.  NOTIFY  THE  COMMISSION  THAT  THE LICENSEE IS SEEKING THE COMPACT
 PRIVILEGE WITHIN A REMOTE STATE(S);
   6. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR  THE  COMPACT
 PRIVILEGE;
   7.  MEET  ANY  JURISPRUDENCE  REQUIREMENTS  ESTABLISHED  BY THE REMOTE
 STATE(S) IN WHICH THE LICENSEE IS SEEKING A COMPACT PRIVILEGE; AND
   8. REPORT TO THE COMMISSION ADVERSE ACTION  TAKEN  BY  ANY  NON-MEMBER
 STATE WITHIN 30 DAYS FROM THE DATE THE ADVERSE ACTION IS TAKEN.
   B.  THE  COMPACT  PRIVILEGE  IS VALID UNTIL THE EXPIRATION DATE OF THE
 HOME LICENSE. THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF  SECTION
 4.A. TO MAINTAIN THE COMPACT PRIVILEGE IN THE REMOTE STATE.
   C.  A  LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE UNDER THE
 COMPACT PRIVILEGE SHALL FUNCTION WITHIN THE LAWS AND REGULATIONS OF  THE
 REMOTE STATE.
   D.  A LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE IS SUBJECT
 TO THAT STATE'S REGULATORY AUTHORITY. A REMOTE STATE MAY, IN  ACCORDANCE
 WITH  DUE  PROCESS  AND  THAT  STATE'S LAWS, REMOVE A LICENSEE'S COMPACT
 PRIVILEGE IN THE REMOTE STATE FOR A  SPECIFIC  PERIOD  OF  TIME,  IMPOSE
 FINES, AND/OR TAKE ANY OTHER NECESSARY ACTIONS TO PROTECT THE HEALTH AND
 SAFETY  OF  ITS  CITIZENS.    THE LICENSEE IS NOT ELIGIBLE FOR A COMPACT
 PRIVILEGE IN ANY STATE UNTIL THE SPECIFIC TIME FOR  REMOVAL  HAS  PASSED
 AND ALL FINES ARE PAID.
   E.  IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE THE
 COMPACT PRIVILEGE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
   1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
   2. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
   F. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS  RESTORED  TO  GOOD
 STANDING,  THE  LICENSEE  MUST  MEET  THE  REQUIREMENTS OF SECTION 4A TO
 OBTAIN A COMPACT PRIVILEGE IN ANY REMOTE STATE.
   G. IF A LICENSEE'S COMPACT PRIVILEGE IN ANY REMOTE STATE  IS  REMOVED,
 THE  INDIVIDUAL  SHALL  LOSE  THE  COMPACT PRIVILEGE IN ANY REMOTE STATE
 UNTIL THE FOLLOWING OCCUR:
   1. THE SPECIFIC PERIOD OF TIME FOR WHICH  THE  COMPACT  PRIVILEGE  WAS
 REMOVED HAS ENDED;
   2. ALL FINES HAVE BEEN PAID; AND
   3. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
   H. ONCE THE REQUIREMENTS OF SECTION 4G HAVE BEEN MET, THE LICENSE MUST
 MEET  THE  REQUIREMENTS IN SECTION 4A TO OBTAIN A COMPACT PRIVILEGE IN A
 REMOTE STATE.
 
                                SECTION 5.
              ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 A. 7947                            23

   A LICENSEE WHO IS ACTIVE DUTY MILITARY OR IS THE SPOUSE OF AN INDIVID-
 UAL WHO IS ACTIVE DUTY MILITARY MAY DESIGNATE ONE OF  THE  FOLLOWING  AS
 THE HOME STATE:
   A. HOME OF RECORD;
   B. PERMANENT CHANGE OF STATION (PCS); OR
   C. STATE OF CURRENT RESIDENCE IF IT IS DIFFERENT THAN THE PCS STATE OR
 HOME OF RECORD.
 
                                SECTION 6.
                              ADVERSE ACTIONS
 
   A.  A  HOME  STATE SHALL HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION
 AGAINST A LICENSE ISSUED BY THE HOME STATE.
   B. A HOME STATE MAY TAKE ADVERSE ACTION  BASED  ON  THE  INVESTIGATIVE
 INFORMATION OF A REMOTE STATE, SO LONG AS THE HOME STATE FOLLOWS ITS OWN
 PROCEDURES FOR IMPOSING ADVERSE ACTION.
   C.  NOTHING  IN  THIS COMPACT SHALL OVERRIDE A MEMBER STATE'S DECISION
 THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY  BE  USED  IN  LIEU  OF
 ADVERSE  ACTION  AND  THAT SUCH PARTICIPATION SHALL REMAIN NON-PUBLIC IF
 REQUIRED BY THE MEMBER STATE'S LAWS. MEMBER STATES MUST  REQUIRE  LICEN-
 SEES  WHO  ENTER ANY ALTERNATIVE PROGRAMS IN LIEU OF DISCIPLINE TO AGREE
 NOT TO PRACTICE IN ANY OTHER MEMBER STATE DURING THE TERM OF THE  ALTER-
 NATIVE PROGRAM WITHOUT PRIOR AUTHORIZATION FROM SUCH OTHER MEMBER STATE.
   D.  ANY  MEMBER  STATE MAY INVESTIGATE ACTUAL OR ALLEGED VIOLATIONS OF
 THE STATUTES AND RULES AUTHORIZING THE PRACTICE OF PHYSICAL  THERAPY  IN
 ANY  OTHER MEMBER STATE IN WHICH A PHYSICAL THERAPIST OR PHYSICAL THERA-
 PIST ASSISTANT HOLDS A LICENSE OR COMPACT PRIVILEGE.
   E. A REMOTE STATE SHALL HAVE THE AUTHORITY TO:
   1. TAKE ADVERSE ACTIONS  AS  SET  FORTH  IN  SECTION  4.D.  AGAINST  A
 LICENSEE'S COMPACT PRIVILEGE IN THE STATE;
   2.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE  AND  TESTIMONY  OF  WITNESSES,  AND  THE  PRODUCTION  OF
 EVIDENCE.    SUBPOENAS ISSUED BY A PHYSICAL THERAPY LICENSING BOARD IN A
 PARTY STATE FOR THE ATTENDANCE AND TESTIMONY OF  WITNESSES,  AND/OR  THE
 PRODUCTION  OF  EVIDENCE  FROM ANOTHER PARTY STATE, SHALL BE ENFORCED IN
 THE LATTER STATE BY ANY COURT OF COMPETENT  JURISDICTION,  ACCORDING  TO
 THE  PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED
 IN PROCEEDINGS PENDING BEFORE IT.  THE ISSUING AUTHORITY SHALL  PAY  ANY
 WITNESS  FEES,  TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY THE
 SERVICE STATUTES OF THE STATE WHERE THE WITNESSES  AND/OR  EVIDENCE  ARE
 LOCATED; AND
   3.  IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE LICENSEE THE
 COSTS OF INVESTIGATIONS AND DISPOSITION  OF  CASES  RESULTING  FROM  ANY
 ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
   F. JOINT INVESTIGATIONS.
   1.  IN  ADDITION  TO  THE  AUTHORITY  GRANTED TO A MEMBER STATE BY ITS
 RESPECTIVE PHYSICAL THERAPY PRACTICE ACT OR OTHER APPLICABLE STATE  LAW,
 A  MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT INVES-
 TIGATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR  INDIVIDUAL  INVESTIGATION
 INITIATED UNDER THE COMPACT.
 
                                SECTION 7.
         ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
 A. 7947                            24
 
   A.  THE  COMPACT  MEMBER  STATES  HEREBY  CREATE AND ESTABLISH A JOINT
 PUBLIC AGENCY KNOWN AS THE PHYSICAL THERAPY COMPACT COMMISSION:
   1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
   2.  VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
 SION 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 SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING, AND MEETINGS.
   1.  EACH  MEMBER  STATE  SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
 SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
   2. THE DELEGATE SHALL BE A CURRENT MEMBER OF THE LICENSING BOARD,  WHO
 IS A PHYSICAL THERAPIST, PHYSICAL THERAPIST ASSISTANT, PUBLIC MEMBER, OR
 THE BOARD ADMINISTRATOR.
   3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
 THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
   4.  THE  MEMBER  STATE  BOARD  SHALL FILL ANY VACANCY OCCURRING IN THE
 COMMISSION.
   5. EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO  THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY  TO  PARTICIPATE  IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
 SION.
   6. A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS  PROVIDED
 IN  THE  BYLAWS.  THE BYLAWS MAY PROVIDE FOR DELEGATES' PARTICIPATION IN
 MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR  YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   2. ESTABLISH BYLAWS;
   3. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
   4. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
 THIS COMPACT AND THE BYLAWS;
   5.  PROMULGATE  UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMENTA-
 TION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE  FORCE
 AND EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES;
   6. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
 COMMISSION,  PROVIDED  THAT  THE  STANDING OF ANY STATE PHYSICAL THERAPY
 LICENSING BOARD TO SUE OR BE SUED UNDER  APPLICABLE  LAW  SHALL  NOT  BE
 AFFECTED;
   7. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   8.  BORROW,  ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   9. 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;
   10.  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
 AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
 A. 7947                            25
 
   11.  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 AVOID ANY APPEAR-
 ANCE OF IMPROPRIETY;
   12. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
 WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   13. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   14. BORROW MONEY;
   15.  APPOINT  COMMITTEES,  INCLUDING  STANDING  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;
   16. PROVIDE AND RECEIVE INFORMATION  FROM,  AND  COOPERATE  WITH,  LAW
 ENFORCEMENT AGENCIES;
   17. ESTABLISH AND ELECT AN EXECUTIVE BOARD; AND
   18. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE  THE  PURPOSES  OF  THIS COMPACT CONSISTENT WITH THE STATE REGU-
 LATION OF PHYSICAL THERAPY LICENSURE AND PRACTICE.
   D. THE EXECUTIVE BOARD.
   THE EXECUTIVE BOARD 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 NINE MEMBERS:
   A.  SEVEN  VOTING  MEMBERS  WHO ARE ELECTED BY THE COMMISSION FROM THE
 CURRENT MEMBERSHIP OF THE COMMISSION;
   B. ONE EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED NATIONAL PHYS-
 ICAL THERAPY PROFESSIONAL ASSOCIATION; AND
   C. ONE EX-OFFICIO, NONVOTING MEMBER  FROM  THE  RECOGNIZED  MEMBERSHIP
 ORGANIZATION OF THE PHYSICAL THERAPY LICENSING BOARDS.
   2.  THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
 IZATIONS.
   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 RESPONSI-
 BILITIES:
   A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR  BYLAWS,
 CHANGES  TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER STATES
 SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
 FOR THE COMPACT PRIVILEGE;
   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.
   E. MEETINGS OF THE COMMISSION.
   1. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION 9.
   2. THE COMMISSION OR THE EXECUTIVE BOARD OR OTHER  COMMITTEES  OF  THE
 COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING IF THE COMMISSION
 OR EXECUTIVE BOARD OR OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:
   A.  NON-COMPLIANCE  OF  A  MEMBER STATE WITH ITS OBLIGATIONS UNDER THE
 COMPACT;
 A. 7947                            26

   B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR  OTHER  MATTERS,  PRAC-
 TICES  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;
   D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   E. ACCUSING 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  INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   I. DISCLOSURE OF INFORMATION  RELATED  TO  ANY  INVESTIGATIVE  REPORTS
 PREPARED  BY  OR  ON  BEHALF  OF  OR  FOR USE OF THE COMMISSION OR OTHER
 COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR  DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J.  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR MEMBER
 STATE STATUTE.
   3. 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.
   4. 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,  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  BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
 COURT OF COMPETENT JURISDICTION.
   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  MEMBER  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 MEMBER 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 MEMBER STATES, EXCEPT BY AND WITH THE
 AUTHORITY OF THE MEMBER 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
 A. 7947                            27
 
 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 REPRESEN-
 TATIVES 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  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  SUCH  PERSON  FROM
 SUIT  AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
 BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  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 EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  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 RESPONSI-
 BILITIES, OR THAT SUCH PERSON  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES,  PROVIDED  THAT  THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON  MISCONDUCT  OF
 THAT PERSON.
 
                                SECTION 8.
                                DATA SYSTEM
 
   A.  THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND
 UTILIZATION OF A COORDINATED DATABASE AND  REPORTING  SYSTEM  CONTAINING
 LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMATION ON ALL LICENSED
 INDIVIDUALS IN MEMBER STATES.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 MEMBER  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
 INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE  RULES
 OF THE COMMISSION, INCLUDING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT PRIVILEGE;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION;
   5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
 DENIAL; AND
   6.  OTHER  INFORMATION  THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
 A. 7947                            28
 
   C. INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE  IN  ANY  MEMBER
 STATE WILL ONLY BE AVAILABLE TO OTHER PARTY STATES.
   D.  THE  COMMISSION  SHALL  PROMPTLY  NOTIFY  ALL MEMBER STATES OF ANY
 ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR  A
 LICENSE.    ADVERSE  ACTION  INFORMATION PERTAINING TO A LICENSEE IN ANY
 MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
   E. MEMBER STATES CONTRIBUTING  INFORMATION  TO  THE  DATA  SYSTEM  MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F.  ANY  INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
 REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
 INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                                SECTION 9.
                                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 MEMBER  STATES  REJECTS  A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT  THE  COMPACT  WITHIN 4 YEARS OF THE DATE OF ADOPTION OF THE RULE,
 THEN SUCH RULE SHALL HAVE NO FURTHER FORCE  AND  EFFECT  IN  ANY  MEMBER
 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 THIRTY (30) 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 OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM; AND
   2.  ON  THE  WEBSITE  OF  EACH MEMBER STATE PHYSICAL THERAPY LICENSING
 BOARD OR OTHER PUBLICLY ACCESSIBLE PLATFORM 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 WRIT-
 TEN COMMENTS.
   F.  PRIOR  TO  ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
 PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS,  AND  ARGUMENTS,  WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   G.  THE  COMMISSION  SHALL  GRANT  AN OPPORTUNITY FOR A PUBLIC HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS;
   2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
   H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION SHALL PUBLISH THE PLACE, TIME, AND DATE  OF  THE  SCHEDULED  PUBLIC
 A. 7947                            29
 
 HEARING.  IF  THE  HEARING  IS HELD VIA ELECTRONIC MEANS, THE COMMISSION
 SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
   1.  ALL  PERSONS  WISHING  TO BE HEARD AT THE HEARING SHALL NOTIFY THE
 EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
 ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT  LESS  THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2.  HEARINGS  SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
 AVAILABLE ON REQUEST.
   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 COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   J. IF NO WRITTEN NOTICE OF INTENT TO  ATTEND  THE  PUBLIC  HEARING  BY
 INTERESTED  PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH PROMUL-
 GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
   K. 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.
   L.  UPON  DETERMINATION  THAT  AN EMERGENCY EXISTS, THE COMMISSION MAY
 CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR  NOTICE,  OPPORTUNITY
 FOR  COMMENT,  OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
 PROVIDED IN THE COMPACT AND  IN  THIS  SECTION  SHALL  BE  RETROACTIVELY
 APPLIED  TO  THE  RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
 THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.  FOR  THE
 PURPOSES  OF  THIS  PROVISION,  AN  EMERGENCY  RULE  IS ONE THAT MUST BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER 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 CONSIST-
 ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF  ANY  REVISIONS  SHALL  BE
 POSTED  ON  THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
 TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER  POST-
 ING.  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.
 
                                SECTION 10.
              OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. OVERSIGHT.
   1. THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE  GOVERN-
 MENT  IN  EACH  MEMBER  STATE  SHALL  ENFORCE  THIS COMPACT AND TAKE ALL
 A. 7947                            30
 
 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 MEMBER STATE  PERTAIN-
 ING  TO  THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE COMMISSION.
   3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  SUCH  PROCEEDING,  AND  SHALL  HAVE STANDING TO INTERVENE IN SUCH A
 PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE  OF  PROCESS  TO
 THE  COMMISSION  SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
 SION, THIS COMPACT, OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
   1. IF THE COMMISSION DETERMINES THAT A MEMBER 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  MEMBER
 STATES  OF  THE  NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
 DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
 ING THE DEFAULT.
   2. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE  MAY  BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES  AND  BENEFITS
 CONFERRED  BY  THIS  COMPACT  MAY BE TERMINATED ON THE EFFECTIVE DATE OF
 TERMINATION. A CURE 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 GIVEN BY  THE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   4. A STATE THAT HAS BEEN TERMINATED IS  RESPONSIBLE  FOR  ALL  ASSESS-
 MENTS,  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 RELATED TO A 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 DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT WHERE THE COMMISSION HAS  ITS  PRINCIPAL  OFFICES.  THE
 PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEY'S FEES.
   C. DISPUTE RESOLUTION.
   1.  UPON  REQUEST  BY  A MEMBER STATE, THE COMMISSION SHALL ATTEMPT TO
 RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG  MEMBER  STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   D. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
 A. 7947                            31
 
 DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
 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.
 
                                SECTION 11.
     DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL
                                  THERAPY
         PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER STATE.  THE  PROVISIONS,
 WHICH  BECOME  EFFECTIVE  AT  THAT  TIME, SHALL BE LIMITED TO THE POWERS
 GRANTED TO THE COMMISSION RELATING TO ASSEMBLY AND THE  PROMULGATION  OF
 RULES.  THEREAFTER,  THE  COMMISSION  SHALL MEET AND EXERCISE RULEMAKING
 POWERS  NECESSARY  TO  THE  IMPLEMENTATION  AND  ADMINISTRATION  OF  THE
 COMPACT.
   B.  ANY  STATE  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 MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THE SAME.
   1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE  EFFECT  UNTIL  SIX  (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING  STATE'S  PHYSICAL  THERAPY  LICENSING  BOARD 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 PHYSICAL THERAPY LICENSURE AGREEMENT OR OTHER COOPERATIVE
 ARRANGEMENT BETWEEN A MEMBER STATE AND A NON-MEMBER STATE THAT DOES  NOT
 CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E.  THIS  COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO AMENDMENT TO
 THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON  ANY  MEMBER  STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                                SECTION 12.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS  COMPACT  SHALL  BE  LIBERALLY  CONSTRUED SO AS TO EFFECTUATE THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE  AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO  BE  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
 STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
 CIRCUMSTANCE IS HELD INVALID, THE VALIDITY  OF  THE  REMAINDER  OF  THIS
 COMPACT  AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON
 OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL  BE
 HELD  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE, THE COMPACT SHALL
 A. 7947                            32
 
 REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND  IN
 FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED AS TO ALL SEVERABLE
 MATTERS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART C
 
   Section 1. The education law is amended by adding a new  section  8413
 to read as follows:
   §  8413.  INTERSTATE  COUNSELING  COMPACT.  THE  INTERSTATE COUNSELING
 COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH  ALL  JURISDIC-
 TIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
 
                       INTERSTATE COUNSELING COMPACT
                                SECTION 1.
                                  PURPOSE
 
   THE  PURPOSE  OF  THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF
 LICENSED PROFESSIONAL COUNSELORS  WITH  THE  GOAL  OF  IMPROVING  PUBLIC
 ACCESS TO PROFESSIONAL COUNSELING SERVICES. THE PRACTICE OF PROFESSIONAL
 COUNSELING  OCCURS  IN THE STATE WHERE THE CLIENT IS LOCATED AT THE TIME
 OF THE COUNSELING SERVICES. THE COMPACT PRESERVES THE REGULATORY AUTHOR-
 ITY OF STATES TO PROTECT PUBLIC HEALTH AND SAFETY  THROUGH  THE  CURRENT
 SYSTEM OF STATE LICENSURE.
   THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES:
   A.  INCREASE  PUBLIC  ACCESS  TO  PROFESSIONAL  COUNSELING SERVICES BY
 PROVIDING FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES;
   B. ENHANCE THE STATES' ABILITY TO  PROTECT  THE  PUBLIC'S  HEALTH  AND
 SAFETY;
   C. ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING MULTISTATE
 PRACTICE FOR LICENSED PROFESSIONAL COUNSELORS;
   D. SUPPORT SPOUSES OF RELOCATING ACTIVE DUTY MILITARY PERSONNEL;
   E.  ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE, AND DISCIPLINARY
 INFORMATION AMONG MEMBER STATES;
   F. ALLOW FOR THE USE OF TELEHEALTH TECHNOLOGY TO FACILITATE  INCREASED
 ACCESS TO PROFESSIONAL COUNSELING SERVICES;
   G.   SUPPORT  THE  UNIFORMITY  OF  PROFESSIONAL  COUNSELING  LICENSURE
 REQUIREMENTS THROUGHOUT THE STATES TO PROMOTE PUBLIC SAFETY  AND  PUBLIC
 HEALTH BENEFITS;
   H.  INVEST  ALL  MEMBER  STATES  WITH THE AUTHORITY TO HOLD A LICENSED
 PROFESSIONAL COUNSELOR ACCOUNTABLE FOR MEETING ALL STATE  PRACTICE  LAWS
 IN THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME CARE IS RENDERED
 THROUGH THE MUTUAL RECOGNITION OF MEMBER STATE LICENSES;
   I. ELIMINATE THE NECESSITY FOR LICENSES IN MULTIPLE STATES; AND
   J.  PROVIDE  OPPORTUNITIES FOR INTERSTATE PRACTICE BY LICENSED PROFES-
 SIONAL COUNSELORS WHO MEET UNIFORM LICENSURE REQUIREMENTS.
 
                                SECTION 2.
                                DEFINITIONS
 
   AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
 ING DEFINITIONS SHALL APPLY:
 A. 7947                            33
 
   A. "ACTIVE DUTY MILITARY" MEANS FULL-TIME DUTY STATUS  IN  THE  ACTIVE
 UNIFORMED  SERVICE  OF  THE  UNITED  STATES,  INCLUDING  MEMBERS  OF THE
 NATIONAL GUARD AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO  10  U.S.C.
 CHAPTERS 1209 AND 1211.
   B.  "ADVERSE  ACTION"  MEANS  ANY  ADMINISTRATIVE, CIVIL, EQUITABLE OR
 CRIMINAL ACTION PERMITTED BY A  STATE'S  LAWS  WHICH  IS  IMPOSED  BY  A
 LICENSING BOARD OR OTHER AUTHORITY AGAINST A LICENSED PROFESSIONAL COUN-
 SELOR, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR PRIVILEGE TO
 PRACTICE  SUCH  AS  REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE
 LICENSEE, LIMITATION ON THE LICENSEE'S PRACTICE,  OR  ANY  OTHER  ENCUM-
 BRANCE  ON  LICENSURE  AFFECTING  A  LICENSED  PROFESSIONAL  COUNSELOR'S
 AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE  OF  A  CEASE  AND  DESIST
 ACTION.
   C.  "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR PRAC-
 TICE REMEDIATION PROCESS APPROVED BY A PROFESSIONAL COUNSELING LICENSING
 BOARD TO ADDRESS IMPAIRED PRACTITIONERS.
   D. "CONTINUING COMPETENCE/EDUCATION" MEANS A REQUIREMENT, AS A  CONDI-
 TION OF LICENSE RENEWAL, TO PROVIDE EVIDENCE OF PARTICIPATION IN, AND/OR
 COMPLETION OF, EDUCATIONAL AND PROFESSIONAL ACTIVITIES RELEVANT TO PRAC-
 TICE OR AREA OF WORK.
   E.  "COUNSELING COMPACT COMMISSION" OR "COMMISSION" MEANS THE NATIONAL
 ADMINISTRATIVE BODY WHOSE MEMBERSHIP CONSISTS OF ALL  STATES  THAT  HAVE
 ENACTED THE COMPACT.
   F. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1.  INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
 NARY INQUIRY THAT INCLUDES  NOTIFICATION  AND  AN  OPPORTUNITY  FOR  THE
 LICENSED  PROFESSIONAL  COUNSELOR  TO RESPOND, IF REQUIRED BY STATE LAW,
 HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDI-
 CATE MORE THAN A MINOR INFRACTION; OR
   2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE LICENSED  PROFES-
 SIONAL  COUNSELOR  REPRESENTS  AN  IMMEDIATE THREAT TO PUBLIC HEALTH AND
 SAFETY REGARDLESS OF WHETHER THE  LICENSED  PROFESSIONAL  COUNSELOR  HAS
 BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
   G.  "DATA  SYSTEM"  MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,
 INCLUDING, BUT NOT LIMITED TO, CONTINUING EDUCATION, EXAMINATION, LICEN-
 SURE, INVESTIGATIVE, PRIVILEGE TO PRACTICE AND ADVERSE  ACTION  INFORMA-
 TION.
   H.  "ENCUMBERED  LICENSE"  MEANS  A LICENSE IN WHICH AN ADVERSE ACTION
 RESTRICTS THE PRACTICE OF LICENSED PROFESSIONAL COUNSELING BY THE LICEN-
 SEE AND SAID ADVERSE ACTION HAS BEEN REPORTED TO  THE  NATIONAL  PRACTI-
 TIONERS DATA BANK (NPDB).
   I.  "ENCUMBRANCE"  MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
 TION ON, THE FULL AND UNRESTRICTED  PRACTICE  OF  LICENSED  PROFESSIONAL
 COUNSELING BY A LICENSING BOARD.
   J.  "EXECUTIVE  COMMITTEE"  MEANS  A  GROUP  OF  DIRECTORS  ELECTED OR
 APPOINTED TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY,
 THE COMMISSION.
   K. "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S  PRIMARY
 STATE OF RESIDENCE.
   L.  "IMPAIRED PRACTITIONER" MEANS AN INDIVIDUAL WHO HAS A CONDITION(S)
 THAT MAY IMPAIR THEIR ABILITY TO PRACTICE  AS  A  LICENSED  PROFESSIONAL
 COUNSELOR WITHOUT SOME TYPE OF INTERVENTION AND MAY INCLUDE, BUT ARE NOT
 LIMITED  TO,  ALCOHOL AND DRUG DEPENDENCE, MENTAL HEALTH IMPAIRMENT, AND
 NEUROLOGICAL OR PHYSICAL IMPAIRMENTS.
 A. 7947                            34
 
   M. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,  AND  DOCU-
 MENTS RECEIVED OR GENERATED BY A PROFESSIONAL COUNSELING LICENSING BOARD
 PURSUANT TO AN INVESTIGATION.
   N.  "JURISPRUDENCE  REQUIREMENT"  IF REQUIRED BY A MEMBER STATE, MEANS
 THE ASSESSMENT OF AN  INDIVIDUAL'S  KNOWLEDGE  OF  THE  LAWS  AND  RULES
 GOVERNING THE PRACTICE OF PROFESSIONAL COUNSELING IN A STATE.
   O.  "LICENSED  PROFESSIONAL COUNSELOR" MEANS A COUNSELOR LICENSED BY A
 MEMBER STATE, REGARDLESS OF THE TITLE USED BY THAT STATE,  TO  INDEPEND-
 ENTLY ASSESS, DIAGNOSE, AND TREAT BEHAVIORAL HEALTH CONDITIONS.
   P. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN AUTHORIZATION
 FROM THE STATE TO PRACTICE AS A LICENSED PROFESSIONAL COUNSELOR.
   Q.  "LICENSING BOARD" MEANS THE AGENCY OF A STATE, OR EQUIVALENT, THAT
 IS RESPONSIBLE FOR THE LICENSING AND REGULATION OF LICENSED PROFESSIONAL
 COUNSELORS.
   R. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   S. "PRIVILEGE TO PRACTICE"  MEANS  A  LEGAL  AUTHORIZATION,  WHICH  IS
 EQUIVALENT  TO  A LICENSE, PERMITTING THE PRACTICE OF PROFESSIONAL COUN-
 SELING IN A REMOTE STATE.
   T. "PROFESSIONAL COUNSELING"  MEANS  THE  ASSESSMENT,  DIAGNOSIS,  AND
 TREATMENT  OF  BEHAVIORAL  HEALTH  CONDITIONS BY A LICENSED PROFESSIONAL
 COUNSELOR.
   U. "REMOTE STATE" MEANS A MEMBER STATE  OTHER  THAN  THE  HOME  STATE,
 WHERE  A  LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE PRIVILEGE TO
 PRACTICE.
   V. "RULE" MEANS A REGULATION PROMULGATED BY THE  COMMISSION  THAT  HAS
 THE FORCE OF LAW.
   W.  "SINGLE  STATE  LICENSE"  MEANS  A LICENSED PROFESSIONAL COUNSELOR
 LICENSE ISSUED BY A MEMBER STATE THAT AUTHORIZES  PRACTICE  ONLY  WITHIN
 THE  ISSUING  STATE  AND DOES NOT INCLUDE A PRIVILEGE TO PRACTICE IN ANY
 OTHER MEMBER STATE.
   X. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT,  OR  TERRITORY  OF
 THE UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE OF PROFESSIONAL
 COUNSELING.
   Y.  "TELEHEALTH" MEANS THE APPLICATION OF TELECOMMUNICATION TECHNOLOGY
 TO DELIVER PROFESSIONAL COUNSELING SERVICES REMOTELY  TO  ASSESS,  DIAG-
 NOSE, AND TREAT BEHAVIORAL HEALTH CONDITIONS.
   Z.  "UNENCUMBERED  LICENSE" MEANS A LICENSE THAT AUTHORIZES A LICENSED
 PROFESSIONAL COUNSELOR TO ENGAGE IN THE FULL AND  UNRESTRICTED  PRACTICE
 OF PROFESSIONAL COUNSELING.
 
                                SECTION 3.
                    STATE PARTICIPATION IN THE COMPACT
 
   A. TO PARTICIPATE IN THE COMPACT, A STATE MUST CURRENTLY:
   1. LICENSE AND REGULATE LICENSED PROFESSIONAL COUNSELORS;
   2.  REQUIRE LICENSEES TO PASS A NATIONALLY RECOGNIZED EXAM APPROVED BY
 THE COMMISSION;
   3. REQUIRE LICENSEES TO HAVE A 60 SEMESTER-HOUR (OR  90  QUARTER-HOUR)
 MASTER'S DEGREE IN COUNSELING OR 60 SEMESTER-HOURS (OR 90 QUARTER-HOURS)
 OF GRADUATE COURSE WORK INCLUDING THE FOLLOWING TOPIC AREAS:
   A. PROFESSIONAL COUNSELING ORIENTATION AND ETHICAL PRACTICE;
   B. SOCIAL AND CULTURAL DIVERSITY;
   C. HUMAN GROWTH AND DEVELOPMENT;
   D. CAREER DEVELOPMENT;
   E. COUNSELING AND HELPING RELATIONSHIPS;
   F. GROUP COUNSELING AND GROUP WORK;
 A. 7947                            35
 
   G. DIAGNOSIS AND TREATMENT; ASSESSMENT AND TESTING;
   H. RESEARCH AND PROGRAM EVALUATION; AND
   I. OTHER AREAS AS DETERMINED BY THE COMMISSION.
   4.  REQUIRE  LICENSEES  TO  COMPLETE A SUPERVISED POSTGRADUATE PROFES-
 SIONAL EXPERIENCE AS DEFINED BY THE COMMISSION;
   5.  HAVE  A  MECHANISM  IN  PLACE  FOR  RECEIVING  AND   INVESTIGATING
 COMPLAINTS ABOUT LICENSEES.
   B. A MEMBER STATE SHALL:
   1.  PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING USING
 THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES;
   2. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF THE  COMPACT
 AND  RULES,  OF  ANY ADVERSE ACTION OR THE AVAILABILITY OF INVESTIGATIVE
 INFORMATION REGARDING A LICENSEE;
   3. IMPLEMENT OR UTILIZE PROCEDURES FOR CONSIDERING THE CRIMINAL HISTO-
 RY RECORDS OF APPLICANTS FOR AN INITIAL  PRIVILEGE  TO  PRACTICE.  THESE
 PROCEDURES  SHALL INCLUDE THE SUBMISSION OF FINGERPRINTS OR OTHER BIOME-
 TRIC-BASED INFORMATION BY APPLICANTS FOR THE  PURPOSE  OF  OBTAINING  AN
 APPLICANT'S  CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU
 OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING  THAT  STATE'S
 CRIMINAL RECORDS;
   A.  A  MEMBER  STATE  MUST FULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK
 REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY RULE, BY  RECEIVING  THE
 RESULTS  OF  THE FEDERAL BUREAU OF INVESTIGATION RECORD SEARCH AND SHALL
 USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   B. COMMUNICATION BETWEEN A MEMBER  STATE,  THE  COMMISSION  AND  AMONG
 MEMBER  STATES  REGARDING  THE VERIFICATION OF ELIGIBILITY FOR LICENSURE
 THROUGH THE COMPACT SHALL NOT INCLUDE ANY INFORMATION RECEIVED FROM  THE
 FEDERAL  BUREAU  OF INVESTIGATION RELATING TO A FEDERAL CRIMINAL RECORDS
 CHECK PERFORMED BY A MEMBER STATE UNDER PUBLIC LAW 92-544.
   4. COMPLY WITH THE RULES OF THE COMMISSION;
   5. REQUIRE AN APPLICANT TO OBTAIN OR RETAIN  A  LICENSE  IN  THE  HOME
 STATE  AND MEET THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL
 OF LICENSURE, AS WELL AS ALL OTHER APPLICABLE STATE LAWS;
   6. GRANT THE PRIVILEGE TO PRACTICE TO A LICENSEE HOLDING A VALID UNEN-
 CUMBERED LICENSE IN ANOTHER MEMBER STATE IN ACCORDANCE WITH THE TERMS OF
 THE COMPACT AND RULES; AND
   7. PROVIDE FOR THE ATTENDANCE OF THE STATE'S COMMISSIONER TO THE COUN-
 SELING COMPACT COMMISSION MEETINGS.
   C. MEMBER STATES MAY CHARGE A FEE FOR GRANTING THE PRIVILEGE TO  PRAC-
 TICE.
   D.  INDIVIDUALS  NOT  RESIDING  IN A MEMBER STATE SHALL CONTINUE TO BE
 ABLE TO APPLY FOR A MEMBER STATE'S  SINGLE  STATE  LICENSE  AS  PROVIDED
 UNDER  THE LAWS OF EACH MEMBER STATE.  HOWEVER, THE SINGLE STATE LICENSE
 GRANTED TO THESE INDIVIDUALS SHALL NOT BE RECOGNIZED AS GRANTING A PRIV-
 ILEGE TO PRACTICE PROFESSIONAL COUNSELING IN ANY OTHER MEMBER STATE.
   E. NOTHING IN THIS COMPACT SHALL AFFECT THE  REQUIREMENTS  ESTABLISHED
 BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
   F.  A  LICENSE  ISSUED  TO A LICENSED PROFESSIONAL COUNSELOR BY A HOME
 STATE TO A RESIDENT IN THAT STATE SHALL BE  RECOGNIZED  BY  EACH  MEMBER
 STATE  AS  AUTHORIZING  A  LICENSED  PROFESSIONAL  COUNSELOR TO PRACTICE
 PROFESSIONAL COUNSELING, UNDER A PRIVILEGE TO PRACTICE, IN  EACH  MEMBER
 STATE.
 
                                SECTION 4.
                           PRIVILEGE TO PRACTICE
 A. 7947                            36
 
   A.  TO  EXERCISE  THE  PRIVILEGE  TO  PRACTICE  UNDER  THE  TERMS  AND
 PROVISIONS OF THE COMPACT, THE LICENSEE SHALL:
   1. HOLD A LICENSE IN THE HOME STATE;
   2. HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER OR NATIONAL PRAC-
 TITIONER IDENTIFIER;
   3.  BE  ELIGIBLE  FOR  A  PRIVILEGE TO PRACTICE IN ANY MEMBER STATE IN
 ACCORDANCE WITH SECTION 4(D), (G) AND (H);
   4. HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE  OR
 PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS;
   5. NOTIFY THE COMMISSION THAT THE LICENSEE IS SEEKING THE PRIVILEGE TO
 PRACTICE WITHIN A REMOTE STATE(S);
   6. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR THE PRIVILEGE
 TO PRACTICE;
   7.  MEET  ANY CONTINUING COMPETENCE/EDUCATION REQUIREMENTS ESTABLISHED
 BY THE HOME STATE;
   8. MEET ANY  JURISPRUDENCE  REQUIREMENTS  ESTABLISHED  BY  THE  REMOTE
 STATE(S) IN WHICH THE LICENSEE IS SEEKING A PRIVILEGE TO PRACTICE; AND
   9.  REPORT  TO  THE  COMMISSION  ANY  ADVERSE  ACTION, ENCUMBRANCE, OR
 RESTRICTION ON LICENSE TAKEN BY ANY NON-MEMBER STATE WITHIN 30 DAYS FROM
 THE DATE THE ACTION IS TAKEN.
   B. THE PRIVILEGE TO PRACTICE IS VALID UNTIL THE EXPIRATION DATE OF THE
 HOME STATE LICENSE. THE LICENSEE MUST COMPLY WITH  THE  REQUIREMENTS  OF
 SECTION 4(A) TO MAINTAIN THE PRIVILEGE TO PRACTICE IN THE REMOTE STATE.
   C.  A  LICENSEE  PROVIDING  PROFESSIONAL  COUNSELING IN A REMOTE STATE
 UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGULATIONS
 OF THE REMOTE STATE.
   D. A LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN  A  REMOTE
 STATE  IS  SUBJECT  TO THAT STATE'S REGULATORY AUTHORITY. A REMOTE STATE
 MAY, IN ACCORDANCE WITH DUE PROCESS AND  THAT  STATE'S  LAWS,  REMOVE  A
 LICENSEE'S  PRIVILEGE  TO  PRACTICE  IN  THE REMOTE STATE FOR A SPECIFIC
 PERIOD OF TIME, IMPOSE FINES, AND/OR TAKE ANY OTHER NECESSARY ACTIONS TO
 PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS. THE LICENSEE MAY BE INEL-
 IGIBLE FOR A PRIVILEGE TO PRACTICE IN ANY MEMBER STATE UNTIL THE SPECIF-
 IC TIME FOR REMOVAL HAS PASSED AND ALL FINES ARE PAID.
   E. IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE  THE
 PRIVILEGE TO PRACTICE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
   1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
   2.  HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE OR
 PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS.
   F. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS  RESTORED  TO  GOOD
 STANDING,  THE  LICENSEE  MUST  MEET THE REQUIREMENTS OF SECTION 4(A) TO
 OBTAIN A PRIVILEGE TO PRACTICE IN ANY REMOTE STATE.
   G. IF A LICENSEE'S PRIVILEGE  TO  PRACTICE  IN  ANY  REMOTE  STATE  IS
 REMOVED,  THE INDIVIDUAL MAY LOSE THE PRIVILEGE TO PRACTICE IN ALL OTHER
 REMOTE STATES UNTIL THE FOLLOWING OCCUR:
   1. THE SPECIFIC PERIOD OF TIME FOR WHICH THE PRIVILEGE TO PRACTICE WAS
 REMOVED HAS ENDED;
   2. ALL FINES HAVE BEEN PAID; AND
   3. HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE  OR
 PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS.
   H.  ONCE  THE REQUIREMENTS OF SECTION 4(G) HAVE BEEN MET, THE LICENSEE
 MUST MEET THE REQUIREMENTS IN SECTION 4(A)  TO  OBTAIN  A  PRIVILEGE  TO
 PRACTICE IN A REMOTE STATE.
 A. 7947                            37
 
                                SECTION 5.
        OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO
                                 PRACTICE
 
   A.  A  LICENSED  PROFESSIONAL COUNSELOR MAY HOLD A HOME STATE LICENSE,
 WHICH ALLOWS FOR A PRIVILEGE TO PRACTICE IN OTHER MEMBER STATES, IN ONLY
 ONE MEMBER STATE AT A TIME.
   B. IF A LICENSED PROFESSIONAL COUNSELOR CHANGES PRIMARY STATE OF RESI-
 DENCE BY MOVING BETWEEN TWO MEMBER STATES:
   1. THE LICENSED PROFESSIONAL COUNSELOR SHALL FILE AN  APPLICATION  FOR
 OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE, PAY
 ALL  APPLICABLE  FEES,  AND  NOTIFY  THE  CURRENT  AND NEW HOME STATE IN
 ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   2. UPON RECEIPT OF AN APPLICATION  FOR  OBTAINING  A  NEW  HOME  STATE
 LICENSE  BY  VIRTUE OF A PRIVILEGE TO PRACTICE, THE NEW HOME STATE SHALL
 VERIFY THAT THE LICENSED  PROFESSIONAL  COUNSELOR  MEETS  THE  PERTINENT
 CRITERIA  OUTLINED  IN  SECTION  4 VIA THE DATA SYSTEM, WITHOUT NEED FOR
 PRIMARY SOURCE VERIFICATION EXCEPT FOR:
   A.  A FEDERAL BUREAU OF INVESTIGATION FINGERPRINT BASED CRIMINAL BACK-
 GROUND CHECK IF NOT PREVIOUSLY PERFORMED OR UPDATED PURSUANT TO APPLICA-
 BLE RULES ADOPTED BY  THE  COMMISSION  IN  ACCORDANCE  WITH  PUBLIC  LAW
 92-544;
   B.  OTHER CRIMINAL BACKGROUND CHECK AS REQUIRED BY THE NEW HOME STATE;
 AND
   C.  COMPLETION OF ANY REQUISITE JURISPRUDENCE REQUIREMENTS OF THE  NEW
 HOME STATE.
   3.  THE  FORMER HOME STATE SHALL CONVERT THE FORMER HOME STATE LICENSE
 INTO A PRIVILEGE TO PRACTICE ONCE THE NEW HOME STATE HAS  ACTIVATED  THE
 NEW  HOME  STATE  LICENSE IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY
 THE COMMISSION.
   4. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS  COMPACT,  IF  THE
 LICENSED  PROFESSIONAL  COUNSELOR CANNOT MEET THE CRITERIA IN SECTION 4,
 THE NEW HOME STATE MAY APPLY ITS REQUIREMENTS FOR ISSUING A  NEW  SINGLE
 STATE LICENSE.
   5.  THE  LICENSED PROFESSIONAL COUNSELOR SHALL PAY ALL APPLICABLE FEES
 TO THE NEW HOME STATE IN ORDER TO BE ISSUED A NEW HOME STATE LICENSE.
   C. IF A LICENSED PROFESSIONAL COUNSELOR CHANGES PRIMARY STATE OF RESI-
 DENCE BY MOVING FROM A MEMBER STATE TO A NON-MEMBER  STATE,  OR  FROM  A
 NON-MEMBER  STATE  TO A MEMBER STATE, THE STATE CRITERIA SHALL APPLY FOR
 ISSUANCE OF A SINGLE STATE LICENSE IN THE NEW STATE.
   D.  NOTHING IN THIS COMPACT SHALL INTERFERE WITH A LICENSEE'S  ABILITY
 TO  HOLD  A  SINGLE  STATE  LICENSE  IN MULTIPLE STATES, HOWEVER FOR THE
 PURPOSES OF THIS COMPACT, A LICENSEE SHALL  HAVE  ONLY  ONE  HOME  STATE
 LICENSE.
   E.   NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED
 BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
 
                                SECTION 6.
              ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 
   ACTIVE DUTY MILITARY PERSONNEL, OR THEIR  SPOUSE,  SHALL  DESIGNATE  A
 HOME  STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE IN GOOD STANDING.
 THE INDIVIDUAL MAY RETAIN THE HOME STATE DESIGNATION DURING  THE  PERIOD
 THE  SERVICE MEMBER IS ON ACTIVE DUTY.  SUBSEQUENT TO DESIGNATING A HOME
 STATE, THE INDIVIDUAL SHALL ONLY CHANGE THEIR HOME STATE THROUGH  APPLI-
 A. 7947                            38
 
 CATION  FOR  LICENSURE IN THE NEW STATE, OR THROUGH THE PROCESS OUTLINED
 IN SECTION 5.
 
                                SECTION 7.
                 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
 
   A.  MEMBER STATES SHALL RECOGNIZE THE RIGHT OF A LICENSED PROFESSIONAL
 COUNSELOR, LICENSED BY A HOME STATE IN ACCORDANCE  WITH  SECTION  3  AND
 UNDER  RULES  PROMULGATED  BY  THE  COMMISSION, TO PRACTICE PROFESSIONAL
 COUNSELING IN ANY MEMBER STATE VIA TELEHEALTH UNDER A PRIVILEGE TO PRAC-
 TICE AS PROVIDED IN THE COMPACT AND RULES PROMULGATED BY THE COMMISSION.
   B. A LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN  A  REMOTE
 STATE UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGU-
 LATIONS OF THE REMOTE STATE.
 
                                SECTION 8.
                              ADVERSE ACTIONS

   A.  IN  ADDITION  TO THE OTHER POWERS CONFERRED BY STATE LAW, A REMOTE
 STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH  EXISTING  STATE  DUE
 PROCESS LAW, TO:
   1.  TAKE  ADVERSE  ACTION  AGAINST A LICENSED PROFESSIONAL COUNSELOR'S
 PRIVILEGE TO PRACTICE WITHIN THAT MEMBER STATE; AND
   2. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS  THAT  REQUIRE
 THE  ATTENDANCE  AND TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A  MEMBER  STATE  FOR
 THE  ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE
 FROM ANOTHER MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE  BY  ANY
 COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE
 OF  THAT  COURT  APPLICABLE  TO  SUBPOENAS ISSUED IN PROCEEDINGS PENDING
 BEFORE IT. THE ISSUING AUTHORITY SHALL  PAY  ANY  WITNESS  FEES,  TRAVEL
 EXPENSES,  MILEAGE,  AND  OTHER FEES REQUIRED BY THE SERVICE STATUTES OF
 THE STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   3. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST  A  LICENSED PROFESSIONAL COUNSELOR'S LICENSE ISSUED BY THE HOME
 STATE.
   B. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME  STATE  SHALL  GIVE
 THE  SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A MEMBER
 STATE AS IT WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE.  IN
 SO  DOING,  THE  HOME  STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE
 APPROPRIATE ACTION.
   C. THE HOME STATE SHALL  COMPLETE  ANY  PENDING  INVESTIGATIONS  OF  A
 LICENSED  PROFESSIONAL  COUNSELOR WHO CHANGES PRIMARY STATE OF RESIDENCE
 DURING THE COURSE OF THE INVESTIGATIONS. THE HOME STATE SHALL ALSO  HAVE
 THE  AUTHORITY  TO  TAKE APPROPRIATE ACTION(S) AND SHALL PROMPTLY REPORT
 THE CONCLUSIONS OF THE INVESTIGATIONS TO THE ADMINISTRATOR OF  THE  DATA
 SYSTEM.  THE  ADMINISTRATOR  OF  THE  COORDINATED  LICENSURE INFORMATION
 SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY ADVERSE ACTIONS.
   D. A MEMBER STATE, IF OTHERWISE PERMITTED BY STATE  LAW,  MAY  RECOVER
 FROM  THE AFFECTED LICENSED PROFESSIONAL COUNSELOR THE COSTS OF INVESTI-
 GATIONS AND DISPOSITIONS OF CASES  RESULTING  FROM  ANY  ADVERSE  ACTION
 TAKEN AGAINST THAT LICENSED PROFESSIONAL COUNSELOR.
   E.  A  MEMBER STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
 INGS OF THE REMOTE STATE, PROVIDED THAT THE MEMBER STATE FOLLOWS ITS OWN
 PROCEDURES FOR TAKING THE ADVERSE ACTION.
   F. JOINT INVESTIGATIONS:
 A. 7947                            39
 
   1. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  STATE  BY  ITS
 RESPECTIVE  PROFESSIONAL  COUNSELING  PRACTICE  ACT  OR OTHER APPLICABLE
 STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES  IN
 JOINT INVESTIGATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
 INITIATED UNDER THE COMPACT.
   G. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE LICENSE OF
 A LICENSED PROFESSIONAL COUNSELOR, THE LICENSED PROFESSIONAL COUNSELOR'S
 PRIVILEGE TO PRACTICE IN ALL OTHER MEMBER STATES  SHALL  BE  DEACTIVATED
 UNTIL  ALL  ENCUMBRANCES  HAVE  BEEN REMOVED FROM THE STATE LICENSE. ALL
 HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE  ACTION  AGAINST  THE
 LICENSE  OF  A LICENSED PROFESSIONAL COUNSELOR SHALL INCLUDE A STATEMENT
 THAT THE LICENSED PROFESSIONAL  COUNSELOR'S  PRIVILEGE  TO  PRACTICE  IS
 DEACTIVATED IN ALL MEMBER STATES DURING THE PENDENCY OF THE ORDER.
   H.  IF  A  MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY NOTIFY
 THE ADMINISTRATOR OF THE DATA SYSTEM.  THE  ADMINISTRATOR  OF  THE  DATA
 SYSTEM  SHALL  PROMPTLY  NOTIFY THE HOME STATE OF ANY ADVERSE ACTIONS BY
 REMOTE STATES.
   I. NOTHING IN THIS COMPACT SHALL OVERRIDE A  MEMBER  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION.
 
                                SECTION 9.
              ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
 
   A. THE COMPACT MEMBER STATES  HEREBY  CREATE  AND  ESTABLISH  A  JOINT
 PUBLIC AGENCY KNOWN AS THE COUNSELING COMPACT COMMISSION:
   1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
   2.  VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
 SION 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 SOVER-
 EIGN IMMUNITY.
   B. MEMBERSHIP, VOTING, AND MEETINGS
   1.  EACH  MEMBER  STATE  SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
 SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
   2. THE DELEGATE SHALL BE EITHER:
   A. A CURRENT MEMBER OF THE LICENSING BOARD AT THE TIME OF APPOINTMENT,
 WHO IS A LICENSED PROFESSIONAL COUNSELOR OR PUBLIC MEMBER; OR
   B. AN ADMINISTRATOR OF THE LICENSING BOARD.
   3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
 THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
   4. THE MEMBER STATE LICENSING BOARD SHALL FILL ANY  VACANCY  OCCURRING
 ON THE COMMISSION WITHIN 60 DAYS.
   5.  EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS  OF  THE  COMMIS-
 SION.
   6.  A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED
 IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR  DELEGATES'  PARTICIPATION  IN
 MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
 A. 7947                            40

   7.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
   8.  THE COMMISSION SHALL BY RULE ESTABLISH A TERM OF OFFICE FOR DELEG-
 ATES AND MAY BY RULE ESTABLISH TERM LIMITS.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   2. ESTABLISH BYLAWS;
   3. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
   4. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
 THIS COMPACT AND THE BYLAWS;
   5. PROMULGATE RULES WHICH SHALL BE BINDING TO THE EXTENT  AND  IN  THE
 MANNER PROVIDED FOR IN THE COMPACT;
   6. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
 COMMISSION,  PROVIDED  THAT THE STANDING OF ANY STATE LICENSING BOARD TO
 SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   7. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   8. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF  PERSONNEL,  INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   9. 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  POLI-
 CIES  AND  PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS OF
 PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   10. 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
 AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
   11. 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 AVOID ANY APPEAR-
 ANCE OF IMPROPRIETY;
   12. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
 WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   13. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   14. BORROW MONEY;
   15. APPOINT COMMITTEES,  INCLUDING  STANDING  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;
   16.  PROVIDE  AND  RECEIVE  INFORMATION  FROM, AND COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   17. ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE; AND
   18. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT  WITH  THE  STATE  REGU-
 LATION OF PROFESSIONAL COUNSELING LICENSURE AND PRACTICE.
   D. THE EXECUTIVE COMMITTEE.
   1.  THE  EXECUTIVE  COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
   2. THE EXECUTIVE COMMITTEE SHALL BE COMPOSED  OF  UP  TO  ELEVEN  (11)
 MEMBERS:
   A.  SEVEN  VOTING  MEMBERS  WHO ARE ELECTED BY THE COMMISSION FROM THE
 CURRENT MEMBERSHIP OF THE COMMISSION; AND
   B. UP TO FOUR (4) EX-OFFICIO, NONVOTING MEMBERS FROM FOUR  (4)  RECOG-
 NIZED NATIONAL PROFESSIONAL COUNSELOR ORGANIZATIONS.
   C.  THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
 IZATIONS.
 A. 7947                            41
 
   3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE  AS
 PROVIDED IN BYLAWS.
   4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
   5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES AND RESPON-
 SIBILITIES:
   A.  RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR BYLAWS,
 CHANGES TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER  STATES
 SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
 FOR THE PRIVILEGE TO PRACTICE;
   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.
   E. MEETINGS OF THE COMMISSION.
   1.  ALL  MEETINGS  SHALL  BE  OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
 MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER  THE  RULE-
 MAKING PROVISIONS IN SECTION 11.
   2.  THE  COMMISSION  OR THE EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF
 THE COMMISSION MAY CONVENE  IN  A  CLOSED,  NON-PUBLIC  MEETING  IF  THE
 COMMISSION  OR EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE COMMISSION
 MUST DISCUSS:
   A. NON-COMPLIANCE OF A MEMBER STATE WITH  ITS  OBLIGATIONS  UNDER  THE
 COMPACT;
   B.  THE  EMPLOYMENT,  COMPENSATION, DISCIPLINE OR OTHER MATTERS, PRAC-
 TICES 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;
   D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   E. ACCUSING 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  INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   I. DISCLOSURE OF INFORMATION  RELATED  TO  ANY  INVESTIGATIVE  REPORTS
 PREPARED  BY  OR  ON  BEHALF  OF  OR  FOR USE OF THE COMMISSION OR OTHER
 COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR  DETERMINATION
 OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
   J.  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR MEMBER
 STATE STATUTE.
   3. 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.
   4. 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,  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,
 A. 7947                            42
 
 SUBJECT  TO  RELEASE  BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
 COURT OF COMPETENT JURISDICTION.
   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 MEMBER 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 MEMBER 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 MEMBER STATES, EXCEPT BY  AND  WITH  THE
 AUTHORITY OF THE MEMBER 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 REPRESEN-
 TATIVES 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  LIABIL-
 ITY  CAUSED  BY  OR  ARISING  OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
 OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST  WHOM  THE  CLAIM  IS
 MADE  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
 COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT  ANY  SUCH  PERSON  FROM
 SUIT  AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
 BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  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 EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST  WHOM  THE
 CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
 SCOPE OF COMMISSION EMPLOYMENT, DUTIES,  OR  RESPONSIBILITIES;  PROVIDED
 THAT  NOTHING  HEREIN  SHALL  BE  CONSTRUED TO PROHIBIT THAT PERSON FROM
 RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE  ACTUAL
 OR  ALLEGED  ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM THAT PERSON'S
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  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 RESPONSI-
 A. 7947                            43
 
 BILITIES,  OR  THAT  SUCH  PERSON  HAD  A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT,  ERROR,  OR  OMISSION
 DID  NOT  RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
 THAT PERSON.
 
                                SECTION 10.
                                DATA SYSTEM
 
   A. THE COMMISSION SHALL  PROVIDE  FOR  THE  DEVELOPMENT,  MAINTENANCE,
 OPERATION,  AND  UTILIZATION  OF  A  COORDINATED  DATABASE AND REPORTING
 SYSTEM CONTAINING LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE  INFORMA-
 TION ON ALL LICENSED INDIVIDUALS IN MEMBER STATES.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 MEMBER  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
 INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE  RULES
 OF THE COMMISSION, INCLUDING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE OR PRIVILEGE TO PRACTICE;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION;
   5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
 DENIAL;
   6. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION; AND
   7.  OTHER  INFORMATION  THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
   C. INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE  IN  ANY  MEMBER
 STATE WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.
   D.  THE  COMMISSION  SHALL  PROMPTLY  NOTIFY  ALL MEMBER STATES OF ANY
 ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR  A
 LICENSE.    ADVERSE  ACTION  INFORMATION PERTAINING TO A LICENSEE IN ANY
 MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
   E. MEMBER STATES CONTRIBUTING  INFORMATION  TO  THE  DATA  SYSTEM  MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F.  ANY  INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
 REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
 INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                                SECTION 11.
                                RULEMAKING
 
   A. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO EFFEC-
 TIVELY AND EFFICIENTLY ACHIEVE THE PURPOSE OF THE COMPACT. NOTWITHSTAND-
 ING THE FOREGOING, IN THE EVENT THE COMMISSION EXERCISES ITS  RULEMAKING
 AUTHORITY  IN  A  MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE
 COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN SUCH  AN  ACTION  BY  THE
 COMMISSION SHALL BE INVALID AND HAVE NO FORCE OR EFFECT.
   B. 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.
   C.  IF  A  MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES REJECTS A
 RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
 ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION  OF  THE
 A. 7947                            44
 
 RULE,  THEN  SUCH  RULE  SHALL  HAVE  NO FURTHER FORCE AND EFFECT IN ANY
 MEMBER STATE.
   D.  RULES  OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
 SPECIAL MEETING OF THE COMMISSION.
   E. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY  THE
 COMMISSION,  AND  AT LEAST THIRTY (30) 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 OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM; AND
   2. ON THE WEBSITE OF EACH MEMBER STATE PROFESSIONAL COUNSELING LICENS-
 ING  BOARD  OR  OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN
 WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   F. 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 WRIT-
 TEN COMMENTS.
   G. 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.
   H. THE COMMISSION SHALL GRANT AN  OPPORTUNITY  FOR  A  PUBLIC  HEARING
 BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
   1. AT LEAST TWENTY-FIVE (25) PERSONS;
   2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
   3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
   I. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
 SION  SHALL  PUBLISH  THE  PLACE, TIME, AND DATE OF THE SCHEDULED PUBLIC
 HEARING. IF THE HEARING IS HELD VIA  ELECTRONIC  MEANS,  THE  COMMISSION
 SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
   1.  ALL  PERSONS  WISHING  TO BE HEARD AT THE HEARING SHALL NOTIFY THE
 EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
 ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT  LESS  THAN
 FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
   2.  HEARINGS  SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN WRITING.
   3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
 AVAILABLE ON REQUEST.
   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.
   J. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE  OF  BUSINESS
 ON  THE  SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   K. IF NO WRITTEN NOTICE OF INTENT TO  ATTEND  THE  PUBLIC  HEARING  BY
 INTERESTED  PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH PROMUL-
 GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
   L. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS,  TAKE  FINAL
 ACTION  ON  THE  PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF
 A. 7947                            45
 
 THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE  FULL  TEXT  OF
 THE RULE.
   M.  UPON  DETERMINATION  THAT  AN EMERGENCY EXISTS, THE COMMISSION MAY
 CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR  NOTICE,  OPPORTUNITY
 FOR  COMMENT,  OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
 PROVIDED IN THE COMPACT AND  IN  THIS  SECTION  SHALL  BE  RETROACTIVELY
 APPLIED  TO  THE  RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
 THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.  FOR  THE
 PURPOSES  OF  THIS  PROVISION,  AN  EMERGENCY  RULE  IS ONE THAT MUST BE
 ADOPTED IMMEDIATELY IN ORDER TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER 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.
   N. 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 CONSIST-
 ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF  ANY  REVISIONS  SHALL  BE
 POSTED  ON  THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
 TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER  POST-
 ING.  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.
 
                                SECTION 12.
              OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. OVERSIGHT.
   1.  THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERN-
 MENT IN EACH MEMBER 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 MEMBER STATE  PERTAIN-
 ING  TO  THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.
   3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  SUCH  PROCEEDING  AND  SHALL  HAVE  STANDING TO INTERVENE IN SUCH A
 PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE  OF  PROCESS  TO
 THE  COMMISSION  SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
 SION, THIS COMPACT, OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
   1. IF THE COMMISSION DETERMINES THAT A MEMBER 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  MEMBER
 STATES  OF  THE  NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
 DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
 ING THE DEFAULT.
 A. 7947                            46
 
   C. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE  MAY  BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES  AND  BENEFITS
 CONFERRED  BY  THIS  COMPACT  MAY BE TERMINATED ON THE EFFECTIVE DATE OF
 TERMINATION.  A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING STATE
 OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
   D. 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 GIVEN BY THE COMMISSION TO
 THE GOVERNOR, THE  MAJORITY  AND  MINORITY  LEADERS  OF  THE  DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   E.  A  STATE  THAT  HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESS-
 MENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE  DATE
 OF  TERMINATION,  INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE
 DATE OF TERMINATION.
   F. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A 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.
   G.  THE  DEFAULTING  STATE  MAY APPEAL THE ACTION OF THE COMMISSION BY
 PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR  THE
 FEDERAL  DISTRICT  WHERE  THE  COMMISSION HAS ITS PRINCIPAL OFFICES. THE
 PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEY'S FEES.
   H. DISPUTE RESOLUTION.
   1. UPON REQUEST BY A MEMBER STATE, THE  COMMISSION  SHALL  ATTEMPT  TO
 RESOLVE  DISPUTES  RELATED TO THE COMPACT THAT ARISE AMONG MEMBER STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   I. ENFORCEMENT.
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION  IN  THE
 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
 DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
 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.
 
                                SECTION 13.
      DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
                ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER 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.
 A. 7947                            47
 
   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 MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THE SAME.
   1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE  EFFECT  UNTIL  SIX  (6)
 MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING  STATE'S  PROFESSIONAL COUNSELING LICENSING BOARD 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 PROFESSIONAL  COUNSELING  LICENSURE  AGREEMENT  OR  OTHER
 COOPERATIVE  ARRANGEMENT  BETWEEN  A MEMBER STATE AND A NON-MEMBER STATE
 THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
   E. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO  AMENDMENT  TO
 THIS  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                                SECTION 14.
                       CONSTRUCTION AND SEVERABILITY
 
   THIS COMPACT SHALL BE LIBERALLY CONSTRUED  SO  AS  TO  EFFECTUATE  THE
 PURPOSES  THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO BE CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE OR OF THE  UNITED
 STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
 CIRCUMSTANCE  IS  HELD  INVALID,  THE  VALIDITY OF THE REMAINDER OF THIS
 COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,  PERSON
 OR  CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE
 HELD CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT SHALL
 REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND IN
 FULL FORCE AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL  SEVERA-
 BLE MATTERS.

                                SECTION 15.
                 BINDING EFFECT OF COMPACT AND OTHER LAWS
 
   A.  A  LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN A REMOTE
 STATE UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGU-
 LATIONS, INCLUDING SCOPE OF PRACTICE, OF THE REMOTE STATE.
   B. NOTHING HEREIN PREVENTS THE ENFORCEMENT  OF  ANY  OTHER  LAW  OF  A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   C.  ANY LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   D. ANY LAWFUL ACTIONS OF  THE  COMMISSION,  INCLUDING  ALL  RULES  AND
 BYLAWS  PROPERLY  PROMULGATED  BY  THE  COMMISSION, ARE BINDING UPON THE
 MEMBER STATES.
   E. ALL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION  AND  THE  MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   F.  IN  THE  EVENT  ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
 TIONAL LIMITS IMPOSED ON  THE  LEGISLATURE  OF  ANY  MEMBER  STATE,  THE
 A. 7947                            48
 
 PROVISION  SHALL  BE  INEFFECTIVE TO THE EXTENT OF THE CONFLICT WITH THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Parts A through C of this act shall  be
 as specifically set forth in the last section of such Parts.