S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9406
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to adopting the psychol-
   ogy interjurisdictional compact
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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:
 
                                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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13876-01-3
 A. 9406                             2
 
 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
 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
 A. 9406                             3
 
 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
 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.
 A. 9406                             4
 
   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.
 
                               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.
 A. 9406                             5
 
   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
 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
 A. 9406                             6
 
 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.
   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.
 A. 9406                             7
 
                                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;
   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.
 A. 9406                             8
 
   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
 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.
 A. 9406                             9
 
   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
 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
 A. 9406                            10

 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.
   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
 A. 9406                            11
 
 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;
   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
 A. 9406                            12
 
   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;
   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
 A. 9406                            13
 
 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
   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. 9406                            14
 
   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
 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
 A. 9406                            15
 
 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
   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.
 A. 9406                            16
 
   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
 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.
 A. 9406                            17
 
                               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.
   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.
 A. 9406                            18
 
   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
 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-
 A. 9406                            19
 
 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.