Florida Senate - 2020                                    SB 1386
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00773-20                                           20201386__
    1                        A bill to be entitled                      
    2         An act relating to the Psychology Interjurisdictional
    3         Compact; creating s. 490.0075, F.S.; creating the
    4         Psychology Interjurisdictional Compact; providing
    5         purposes and objectives; defining terms; providing for
    6         recognition of psychologist licenses in compact
    7         states; authorizing a compact state to require
    8         licensure under certain circumstances; requiring
    9         compact states to meet certain criteria to participate
   10         in the compact; providing criteria that a psychologist
   11         must satisfy to practice under the compact;
   12         maintaining that authority over a psychologist’s
   13         license remains with the home state but authorizing
   14         receiving states to define the scope of and act on a
   15         psychologist’s authority to practice in the compact
   16         state under the compact; providing that a psychologist
   17         can no longer practice under the compact if his or her
   18         authority to do so has been acted on by any compact
   19         state; requiring compact states to report adverse
   20         actions they take against psychologists to the
   21         Psychology Interjurisdictional Compact Commission;
   22         requiring compact states to participate in a
   23         coordinated licensure information system; providing
   24         for the development of the system, reporting
   25         procedures, and the exchange of certain information
   26         between compact states; establishing the Psychology
   27         Interjurisdictional Compact Commission; providing for
   28         the jurisdiction and venue for court proceedings;
   29         providing membership, duties, and powers; authorizing
   30         the commission to adopt rules; providing rulemaking
   31         procedures; providing for state enforcement of the
   32         compact; providing for the termination of compact
   33         membership; providing procedures for the resolution of
   34         certain disputes; providing compact amendment
   35         procedures; authorizing nonparty states to participate
   36         in commission activities before adoption of the
   37         compact; providing construction and severability;
   38         amending s. 456.073, F.S.; requiring the Department of
   39         Health to report certain investigative information to
   40         the coordinated licensure information system; amending
   41         s. 456.076, F.S.; requiring monitoring contracts for
   42         impaired practitioners participating in treatment
   43         programs to contain certain terms; amending s.
   44         490.004, F.S.; requiring the Board of Psychology to
   45         appoint an individual to serve as the state’s
   46         commissioner on the Psychology Interjurisdictional
   47         Compact Commission; amending s. 490.005, F.S.;
   48         exempting certain persons from licensure requirements;
   49         amending s. 490.006, F.S.; exempting certain persons
   50         from requirements for licensure by endorsement;
   51         amending s. 490.009, F.S.; authorizing certain
   52         disciplinary action under the compact for certain
   53         prohibited acts; amending s. 768.28, F.S.; designating
   54         the state commissioner and other members or employees
   55         of the commission as state agents for the purpose of
   56         applying sovereign immunity and waivers of sovereign
   57         immunity; requiring the commission to pay certain
   58         judgments or claims; authorizing the commission to
   59         maintain insurance coverage to pay such judgments or
   60         claims; providing an effective date.
   61  
   62         WHEREAS, states license psychologists to protect the public
   63  through verification of education, training, and experience and
   64  to ensure accountability for professional practice, and
   65         WHEREAS, this compact is intended to regulate the day-to
   66  day practice of telepsychology, or the provision of
   67  psychological services using telecommunication technologies, by
   68  psychologists across state boundaries in the performance of
   69  their psychological practice as defined by an appropriate state
   70  psychology regulatory authority, and
   71         WHEREAS, this compact is intended to regulate the temporary
   72  in-person, face-to-face practice of psychology by psychologists
   73  across state boundaries for up to 30 days within a calendar year
   74  in the performance of their psychological practice as defined by
   75  an appropriate state psychology regulatory authority, and
   76         WHEREAS, this compact is intended to authorize state
   77  psychology regulatory authorities to afford legal recognition,
   78  in a manner consistent with the terms of the compact, to
   79  psychologists licensed in another state, and
   80         WHEREAS, this compact recognizes that states have a vested
   81  interest in protecting the public’s health and safety through
   82  their licensing and regulation of psychologists and that such
   83  state regulation will best protect public health and safety, and
   84         WHEREAS, this compact does not apply when a psychologist is
   85  licensed in both the home and receiving states, and
   86         WHEREAS, while this compact does not apply to permanent in
   87  person, face-to-face practice, it does allow for authorization
   88  of temporary psychological practice, NOW, THEREFORE,
   89  
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Section 490.0075, Florida Statutes, is created
   93  to read:
   94         490.0075 Psychology Interjurisdictional Compact.—The
   95  Psychology Interjurisdictional Compact is hereby enacted and
   96  entered into by this state with all other jurisdictions legally
   97  joining therein in the form substantially as follows:
   98  
   99               PSYCHOLOGY INTERJURISDICTIONAL COMPACT              
  100                              ARTICLE I                            
  101                               PURPOSE                             
  102         This compact is designed to achieve the following purposes
  103  and objectives:
  104         (1)Increase public access to professional psychological
  105  services by allowing for telepsychological practice across state
  106  lines as well as temporary in-person, face-to-face services in a
  107  state where the psychologist is not licensed to practice
  108  psychology;
  109         (2)Enhance the states’ ability to protect the public’s
  110  health and safety, especially client or patient safety;
  111         (3)Encourage the cooperation of compact states in the
  112  areas of psychologist licensure and regulation;
  113         (4)Facilitate the exchange of information between compact
  114  states regarding psychologist licensure, adverse actions, and
  115  disciplinary history;
  116         (5)Promote compliance with the laws governing the practice
  117  of psychology in each compact state; and
  118         (6)Invest all compact states with the authority to hold
  119  licensed psychologists accountable through the mutual
  120  recognition of compact state licenses.
  121  
  122                             ARTICLE II                            
  123                             DEFINITIONS                           
  124         As used in this compact, the term:
  125         (1)“Adverse action” means any disciplinary action that is
  126  a matter of public record which is taken by a state’s psychology
  127  regulatory authority against an individual’s license to practice
  128  psychology in that state.
  129         (2)“Association of State and Provincial Psychology Boards”
  130  means the membership organization composed of state and
  131  provincial psychology regulatory authorities that are
  132  responsible for the licensure and registration of psychologists
  133  throughout the United States and Canada.
  134         (3)“Authority to practice interjurisdictional
  135  telepsychology” means a licensed psychologist’s authority to
  136  practice telepsychology, within the limits authorized under this
  137  compact, in a compact state other than the one in which he or
  138  she is licensed.
  139         (4)“Bylaws” means those rules established by the
  140  Psychology Interjurisdictional Compact Commission pursuant to
  141  article X for its governance, or for directing and controlling
  142  its actions and conduct.
  143         (5)“Client or patient” means the recipient of
  144  psychological services, whether psychological services are
  145  delivered in the context of health care, corporate, supervision,
  146  or consulting services.
  147         (6)“Commissioner” means the voting representative
  148  appointed by each state psychology regulatory authority pursuant
  149  to article X.
  150         (7)“Compact state” means a state, the District of
  151  Columbia, or a United States territory that has enacted this
  152  compact legislation and that has not withdrawn pursuant to
  153  subsection (3) of article XIII or been terminated pursuant to
  154  subsection (2) of article XII.
  155         (8)“Confidentiality” means the principle that data or
  156  information is not made available or disclosed to unauthorized
  157  persons or processes.
  158         (9)“Coordinated licensure information system,” also
  159  referred to as “coordinated database,” means an integrated
  160  process that is administered by the Association of State and
  161  Provincial Psychology Boards for collecting, storing, and
  162  sharing information on psychologists’ licensure and enforcement
  163  activities related to psychology licensure laws and the
  164  Psychology Interjurisdictional Compact.
  165         (10)“Day” means any part of a day in which the
  166  psychologist practices psychology.
  167         (11)“Distant state” means the compact state where a
  168  psychologist is physically present, not through the use of
  169  telecommunication technologies, to provide temporary in-person,
  170  face-to-face psychological services.
  171         (12)“E-passport” means a certificate issued by the
  172  Association of State and Provincial Psychology Boards which
  173  allows a licensed psychologist to provide telepsychological
  174  services across state lines.
  175         (13)“Executive board” means a group of directors elected
  176  or appointed to act on behalf of, and within the powers granted
  177  to them by, the commission.
  178         (14)“Home state” means a compact state where a
  179  psychologist is licensed to practice psychology, as provided in
  180  article III.
  181         (15)“Identity history summary” means a summary of
  182  information retained by the Federal Bureau of Investigation, or
  183  other designee with similar authority, in connection with
  184  arrests and, in some instances, federal employment or military
  185  service.
  186         (16)“In-person, face-to-face” means interactions in which
  187  the psychologist and the client or patient are in the same
  188  physical space and does not include interactions that may occur
  189  through the use of telecommunication technologies.
  190         (17)“Interjurisdictional Practice Certificate (IPC)” means
  191  the certificate issued by the Association of State and
  192  Provincial Psychology Boards which grants temporary authority to
  193  practice based on notification to the state psychology
  194  regulatory authority of one’s intention to practice temporarily,
  195  and verification of one’s qualifications for such practice.
  196         (18)“License” means authorization by a state psychology
  197  regulatory authority to engage in the independent practice of
  198  psychology, which would be unlawful without the authorization.
  199         (19)“Noncompact state” means a state that is not a compact
  200  state.
  201         (20)“Psychologist” means an individual who is licensed by
  202  a state psychology regulatory authority to independently
  203  practice psychology in that state.
  204         (21)“Psychology Interjurisdictional Compact Commission,
  205  also referred to as “commission,” means the national
  206  administration of which all compact states are members.
  207         (22)“Receiving state” means a compact state where the
  208  client or patient is physically located when the
  209  telepsychological services are delivered.
  210         (23)“Rule” means a written statement by the Psychology
  211  Interjurisdictional Compact Commission promulgated pursuant to
  212  article XI of the compact which is of general applicability;
  213  implements, interprets, or prescribes a policy or provision of
  214  the compact; or is an organizational, procedural, or practice
  215  requirement of the commission; and has the force and effect of
  216  statutory law in a compact state, and includes the amendment,
  217  repeal, or suspension of an existing rule.
  218         (24)“Significant investigatory information” means:
  219         (a)Investigative information that a state psychology
  220  regulatory authority, after a preliminary inquiry that includes
  221  notification and an opportunity to respond if required by state
  222  law, has reason to believe, if proven true, would indicate a
  223  violation of state statute or rule that would be considered more
  224  substantial than a minor infraction; or
  225         (b)Investigative information that indicates that the
  226  psychologist represents an immediate threat to public health and
  227  safety regardless of whether the psychologist has been notified
  228  or had an opportunity to respond.
  229         (25)“State” means a state, commonwealth, territory, or
  230  possession of the United States, or the District of Columbia.
  231         (26)“State psychology regulatory authority” means the
  232  board, office, or other agency with the legislative mandate to
  233  license and regulate the practice of psychology in that state.
  234         (27)“Telepsychology” means the provision of psychological
  235  services using telecommunication technologies.
  236         (28)“Temporary authorization to practice” means a licensed
  237  psychologist’s authority to conduct temporary in-person, face
  238  to-face practice, within the limits authorized under this
  239  compact, in another compact state.
  240         (29)“Temporary in-person, face-to-face practice” means
  241  when a psychologist is physically present, not through the use
  242  of telecommunication technologies, in the distant state to
  243  provide psychological services for up to 30 days within a
  244  calendar year and based on notification to the distant state.
  245  
  246                             ARTICLE III                           
  247                        HOME STATE LICENSURE                       
  248         (1)The home state is a compact state where a psychologist
  249  is licensed to practice psychology.
  250         (2)A psychologist may hold one or more compact state
  251  licenses at a time. If the psychologist is licensed in more than
  252  one compact state, the home state is the compact state where the
  253  psychologist is physically present when the services are
  254  delivered as authorized by the authority to practice
  255  interjurisdictional telepsychology under the terms of this
  256  compact.
  257         (3)A compact state may require a psychologist who is not
  258  previously licensed in a compact state to obtain and retain a
  259  license to be authorized to practice in the compact state under
  260  circumstances that are not authorized by the authority to
  261  practice interjurisdictional telepsychology under the terms of
  262  this compact.
  263         (4)A compact state may require a psychologist to obtain
  264  and retain a license to be authorized to practice in a compact
  265  state under circumstances that are not authorized by a temporary
  266  authorization to practice under the terms of this compact.
  267         (5)A home state’s license authorizes a psychologist to
  268  practice in a receiving state under the authority to practice
  269  interjurisdictional telepsychology only if the compact state:
  270         (a)Currently requires the psychologist to hold an active
  271  e-passport;
  272         (b)Has a mechanism in place for receiving and
  273  investigating complaints about licensed individuals;
  274         (c)Notifies the commission, in compliance with the terms
  275  herein, of any adverse action or significant investigatory
  276  information regarding a licensed individual;
  277         (d)Requires an identity history summary of all applicants
  278  at initial licensure, including the use of the results of
  279  fingerprints or other biometric data checks compliant with the
  280  requirements of the Federal Bureau of Investigation, or other
  281  designee with similar authority, no later than 10 years after
  282  activation of the compact; and
  283         (e)Complies with the bylaws and rules of the commission.
  284         (6)A home state’s license grants a psychologist temporary
  285  authorization to practice in a distant state only if the compact
  286  state:
  287         (a)Currently requires the psychologist to hold an active
  288  IPC;
  289         (b)Has a mechanism in place for receiving and
  290  investigating complaints about licensed individuals;
  291         (c)Notifies the commission, in compliance with the terms
  292  herein, of any adverse action or significant investigatory
  293  information regarding a licensed individual;
  294         (d)Requires an identity history summary of all applicants
  295  at initial licensure, including the use of the results of
  296  fingerprints or other biometric data checks compliant with the
  297  requirements of the Federal Bureau of Investigation, or other
  298  designee with similar authority, no later than 10 years after
  299  activation of the compact; and
  300         (e)Complies with the bylaws and rules of the commission.
  301  
  302                             ARTICLE IV                            
  303            COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY           
  304         (1)Compact states shall recognize the right of a
  305  psychologist, licensed in a compact state in conformance with
  306  article III, to practice telepsychology in other compact states,
  307  or receiving states, in which the psychologist is not licensed,
  308  under the authority to practice interjurisdictional
  309  telepsychology as provided in the compact.
  310         (2)To exercise the authority to practice
  311  interjurisdictional telepsychology in a receiving state under
  312  the terms and provisions of this compact, a psychologist
  313  licensed to practice in a compact state must:
  314         (a)Hold a graduate degree in psychology from an
  315  institution of higher education that was, at the time the degree
  316  was awarded:
  317         1.Regionally accredited by an accrediting body recognized
  318  by the United States Department of Education to grant graduate
  319  degrees, or authorized by Provincial Statute or Royal Charter to
  320  grant doctoral degrees; or
  321         2.A foreign college or university deemed to be equivalent
  322  to subparagraph 1. by a foreign credential evaluation service
  323  that is a member of the National Association of Credential
  324  Evaluation Services or by a recognized foreign credential
  325  evaluation service;
  326         (b)Hold a graduate degree in psychology which meets the
  327  following criteria:
  328         1.The program, wherever it may be administratively housed,
  329  is clearly identified and labeled as a psychology program. Such
  330  program must specify in pertinent institutional catalogs and
  331  brochures its intent to educate and train professional
  332  psychologists;
  333         2.The psychology program stands as a recognizable and
  334  coherent organizational entity within the institution;
  335         3.There is a clear authority and primary responsibility
  336  for the core and specialty areas regardless of whether the
  337  program overlaps across administrative lines;
  338         4.The program consists of an integrated, organized
  339  sequence of study;
  340         5.There is an identifiable psychology faculty sufficient
  341  in size and breadth to carry out its responsibilities;
  342         6.The designated director of the program is a psychologist
  343  and a member of the core faculty;
  344         7.The program has an identifiable body of students who are
  345  matriculated in that program for a degree;
  346         8.The program includes supervised practicum, internship,
  347  or field training appropriate to the practice of psychology;
  348         9.The curriculum encompasses a minimum of 3 academic years
  349  of full-time graduate study for doctoral degrees and a minimum
  350  of 1 academic year of full-time graduate study for master’s
  351  degrees; and
  352         10.The program includes an acceptable residency as defined
  353  by the rules of the commission.
  354         (c)Possess a current, full, and unrestricted license to
  355  practice psychology in a home state that is a compact state;
  356         (d)Have no history of adverse actions that violate the
  357  rules of the commission;
  358         (e)Have no criminal history reported on an identity
  359  history summary which violates the rules of the commission;
  360         (f)Possess a current, active e-passport;
  361         (g)Provide attestations in regard to areas of intended
  362  practice, conformity with standards of practice, competence in
  363  telepsychology technology, criminal background, and knowledge
  364  and adherence to legal requirements in the home and receiving
  365  states, and provide a release of information to allow for
  366  primary source verification in a manner specified by the
  367  commission; and
  368         (h)Meet other criteria as defined by the rules of the
  369  commission.
  370         (3)The home state maintains authority over the license of
  371  any psychologist practicing in a receiving state under the
  372  authority to practice interjurisdictional telepsychology.
  373         (4)A psychologist practicing in a receiving state under
  374  the authority to practice interjurisdictional telepsychology
  375  will be subject to the receiving state’s scope of practice. A
  376  receiving state may, in accordance with that state’s due process
  377  law, limit or revoke a psychologist’s authority to practice
  378  interjurisdictional telepsychology in the receiving state and
  379  may take any other necessary actions under the receiving state’s
  380  applicable law to protect the health and safety of the receiving
  381  state’s citizens. If a receiving state takes action, the state
  382  shall promptly notify the home state and the commission.
  383         (5)If a psychologist’s license in any home state or
  384  another compact state or any authority to practice
  385  interjurisdictional telepsychology in any receiving state is
  386  restricted, suspended, or otherwise limited, the e-passport must
  387  be revoked and the psychologist is not eligible to practice
  388  telepsychology in a compact state under the authority to
  389  practice interjurisdictional telepsychology.
  390  
  391                              ARTICLE V                            
  392             COMPACT TEMPORARY AUTHORIZATION TO PRACTICE           
  393         (1)Compact states shall recognize the right of a
  394  psychologist licensed in a compact state in conformance with
  395  article III to practice temporarily in other compact states, or
  396  distant states, in which the psychologist is not licensed, as
  397  provided in the compact.
  398         (2)To exercise the temporary authorization to practice in
  399  distant states under the terms and provisions of this compact, a
  400  psychologist licensed to practice in a compact state must:
  401         (a)Hold a graduate degree in psychology from an
  402  institution of higher education that was, at the time the degree
  403  was awarded:
  404         1.Regionally accredited by an accrediting body recognized
  405  by the U.S. Department of Education to grant graduate degrees,
  406  or authorized by Provincial Statute or Royal Charter to grant
  407  doctoral degrees; or
  408         2.A foreign college or university deemed to be equivalent
  409  to subparagraph 1. above by a foreign credential evaluation
  410  service that is a member of the National Association of
  411  Credential Evaluation Services or by a recognized foreign
  412  credential evaluation service;
  413         (b)Hold a graduate degree in psychology that meets the
  414  following criteria:
  415         1.The program, wherever it may be administratively housed,
  416  is clearly identified and labeled as a psychology program. Such
  417  program must specify in pertinent institutional catalogs and
  418  brochures its intent to educate and train professional
  419  psychologists;
  420         2.The psychology program stands as a recognizable and
  421  coherent organizational entity within the institution;
  422         3.There is a clear authority and primary responsibility
  423  for the core and specialty areas regardless of whether the
  424  program overlaps across administrative lines;
  425         4.The program consists of an integrated, organized
  426  sequence of study;
  427         5.There is an identifiable psychology faculty sufficient
  428  in size and breadth to carry out its responsibilities;
  429         6.The designated director of the program is a psychologist
  430  and a member of the core faculty;
  431         7.The program has an identifiable body of students who are
  432  matriculated in that program for a degree;
  433         8.The program includes supervised practicum, internship,
  434  or field training appropriate to the practice of psychology;
  435         9.The curriculum encompasses a minimum of 3 academic years
  436  of full-time graduate study for doctoral degrees and a minimum
  437  of 1 academic year of full-time graduate study for master’s
  438  degrees; and
  439         10.The program includes an acceptable residency as defined
  440  by the rules of the commission;
  441         (c)Possess a current, full, and unrestricted license to
  442  practice psychology in a home state that is a compact state;
  443         (d)Have no history of adverse actions that violate the
  444  rules of the commission;
  445         (e)Have no criminal history that violates the rules of the
  446  commission;
  447         (f)Possess a current, active IPC;
  448         (g)Provide attestations in regard to areas of intended
  449  practice and work experience, and provide a release of
  450  information to allow for primary source verification in a manner
  451  specified by the commission; and
  452         (h)Meet other criteria as defined by the rules of the
  453  commission.
  454         (3)A psychologist practicing in a distant state under a
  455  temporary authorization to practice shall practice within the
  456  scope of practice authorized by the distant state.
  457         (4)A psychologist practicing in a distant state under a
  458  temporary authorization to practice will be subject to the
  459  distant state’s authority and law. A distant state may, in
  460  accordance with that state’s due process law, limit or revoke a
  461  psychologist’s temporary authorization to practice in the
  462  distant state and may take any other necessary actions under the
  463  distant state’s applicable law to protect the health and safety
  464  of the distant state’s citizens. If a distant state takes
  465  action, the state shall promptly notify the home state and the
  466  commission.
  467         (5)If a psychologist’s license in any home state or
  468  another compact state or temporary authorization to practice in
  469  any distant state is restricted, suspended, or otherwise
  470  limited, the IPC shall be revoked and the psychologist is not
  471  eligible to practice in a compact state under the temporary
  472  authorization to practice.
  473  
  474                             ARTICLE VI                            
  475     CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE    
  476         A psychologist may practice in a receiving state under the
  477  authority to practice interjurisdictional telepsychology only in
  478  the performance of the scope of practice for psychology as
  479  defined by an appropriate state psychology regulatory authority,
  480  as defined in the rules of the commission, and under the
  481  following circumstances:
  482         (1)The psychologist initiates a client or patient contact
  483  in a home state via telecommunication technologies with a client
  484  or patient in a receiving state; and
  485         (2)Other conditions regarding telepsychology as determined
  486  by rules promulgated by the commission.
  487  
  488                             ARTICLE VII                           
  489                           ADVERSE ACTIONS                         
  490         (1)A home state may take adverse action against a
  491  psychologist’s license issued by the home state. A distant state
  492  shall have the power to take adverse action on a psychologist’s
  493  temporary authorization to practice within that distant state.
  494         (2)A receiving state may take adverse action on a
  495  psychologist’s authority to practice interjurisdictional
  496  telepsychology within that receiving state. A home state may
  497  take adverse action against a psychologist based on an adverse
  498  action taken by a distant state regarding temporary in-person,
  499  face-to-face practice.
  500         (3)If a home state takes adverse action against a
  501  psychologist’s license, that psychologist’s authority to
  502  practice interjurisdictional telepsychology is terminated and
  503  the e-passport is revoked. Furthermore, that psychologist’s
  504  temporary authorization to practice is terminated and the IPC is
  505  revoked.
  506         (a)All home state disciplinary orders that take adverse
  507  action shall be reported to the commission in accordance with
  508  the rules promulgated by the commission. A compact state shall
  509  report adverse actions in accordance with the rules of the
  510  commission.
  511         (b)In the event that discipline is reported on a
  512  psychologist, the psychologist will not be eligible for
  513  telepsychology or temporary in-person, face-to-face practice in
  514  accordance with the rules of the commission.
  515         (c)Other actions may be imposed as determined by the rules
  516  promulgated by the commission.
  517         (4)A home state’s psychology regulatory authority shall
  518  investigate and take appropriate action with respect to reported
  519  inappropriate conduct engaged in by a licensee which occurred in
  520  a receiving state in the same manner as it would if such conduct
  521  had occurred by a licensee within the home state. In such cases,
  522  the home state’s law shall control in determining any adverse
  523  action against a psychologist’s license.
  524         (5)A distant state’s psychology regulatory authority shall
  525  investigate and take appropriate action with respect to reported
  526  inappropriate conduct engaged in by a psychologist practicing
  527  under temporary authorization to practice which occurred in that
  528  distant state in the same manner as it would if such conduct had
  529  occurred by a licensee within the home state. In such cases, the
  530  distant state’s law shall control in determining any adverse
  531  action against a psychologist’s temporary authorization to
  532  practice.
  533         (6)Nothing in this compact shall override a compact
  534  state’s decision that a psychologist’s participation in an
  535  alternative program may be used in lieu of adverse action and
  536  that such participation shall remain nonpublic if required by
  537  the compact state’s law. Compact states must require
  538  psychologists who enter any alternative programs to not provide
  539  telepsychology services under the authority to practice
  540  interjurisdictional telepsychology or temporary psychological
  541  services under the temporary authorization to practice in any
  542  other compact state during the term of the alternative program.
  543         (7)No other judicial or administrative remedies shall be
  544  available to a psychologist in the event a compact state takes
  545  adverse action pursuant to subsection (3).
  546  
  547                            ARTICLE VIII                           
  548   ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE’S PSYCHOLOGY 
  549                        REGULATORY AUTHORITY                       
  550         (1)In addition to any other powers granted under state
  551  law, a compact state’s psychology regulatory authority shall
  552  have the authority under this compact to:
  553         (a)Issue subpoenas, for both hearings and investigations,
  554  which require the attendance and testimony of witnesses and the
  555  production of evidence. Subpoenas issued by a compact state’s
  556  psychology regulatory authority for the attendance and testimony
  557  of witnesses, or the production of evidence from another compact
  558  state, shall be enforced in the latter state by any court of
  559  competent jurisdiction, according to that court’s practice and
  560  procedure in considering subpoenas issued in its own
  561  proceedings. The issuing state psychology regulatory authority
  562  shall pay any witness fees, travel expenses, mileage, and other
  563  fees required by the service statutes of the state where the
  564  witnesses or evidence are located; and
  565         (b)Issue cease and desist or injunctive relief orders to
  566  revoke a psychologist’s authority to practice
  567  interjurisdictional telepsychology or temporary authorization to
  568  practice.
  569         (2)During the course of any investigation, a psychologist
  570  may not change his or her home state licensure. A home state
  571  psychology regulatory authority is authorized to complete any
  572  pending investigations of a psychologist and to take any actions
  573  appropriate under its law. The home state psychology regulatory
  574  authority shall promptly report the conclusions of such
  575  investigations to the commission. Once an investigation has been
  576  completed, and pending the outcome of such investigation, the
  577  psychologist may change his or her home state licensure. The
  578  commission shall promptly notify the new home state of any such
  579  decisions as provided in the rules of the commission. All
  580  information provided to the commission or distributed by compact
  581  states related to the psychologist shall be confidential, filed
  582  under seal, and used for investigatory or disciplinary matters.
  583  The commission may create additional rules for mandated or
  584  discretionary sharing of information by compact states.
  585  
  586                             ARTICLE IX                            
  587              COORDINATED LICENSURE INFORMATION SYSTEM             
  588         (1)The commission shall provide for the development and
  589  maintenance of a Coordinated Licensure Information System and a
  590  reporting system containing licensure and disciplinary action
  591  information on all psychologists to whom this compact is
  592  applicable in all compact states as defined by the rules of the
  593  commission.
  594         (2)Notwithstanding any other provision of state law to the
  595  contrary, a compact state shall submit a uniform data set to the
  596  coordinated database on all licensees as required by the rules
  597  of the commission, including:
  598         (a)Identifying information;
  599         (b)Licensure data;
  600         (c)Significant investigatory information;
  601         (d)Adverse actions against a psychologist’s license;
  602         (e)An indicator that a psychologist’s authority to
  603  practice interjurisdictional telepsychology or temporary
  604  authorization to practice is revoked;
  605         (f)Nonconfidential information related to alternative
  606  program participation information;
  607         (g)Any denial of application for licensure, and the
  608  reasons for such denial; and
  609         (h)Other information that may facilitate the
  610  administration of this compact, as determined by the rules of
  611  the commission.
  612         (3)The coordinated database administrator shall promptly
  613  notify all compact states of any adverse action taken against,
  614  or significant investigatory information on, any licensee in a
  615  compact state.
  616         (4)Compact states reporting information to the coordinated
  617  database may designate information that may not be shared with
  618  the public without the express permission of the compact state
  619  reporting the information.
  620         (5)Any information submitted to the coordinated database
  621  which is subsequently required to be expunged by the law of the
  622  compact state reporting the information shall be removed from
  623  the coordinated database.
  624  
  625                              ARTICLE X                            
  626     ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT   
  627                             COMMISSION                            
  628         (1)COMMISSION CREATED.—The compact states hereby create
  629  and establish a joint public agency known as the Psychology
  630  Interjurisdictional Compact Commission.
  631         (a)The commission is a body politic and an instrumentality
  632  of the compact states.
  633         (b)Venue is proper and judicial proceedings by or against
  634  the commission shall be brought solely and exclusively in a
  635  court of competent jurisdiction where the principal office of
  636  the commission is located. The commission may waive venue and
  637  jurisdictional defenses to the extent that it adopts or consents
  638  to participate in alternative dispute resolution proceedings.
  639         (c)Nothing in this compact shall be construed to be a
  640  waiver of sovereign immunity.
  641         (2)MEMBERSHIP, VOTING, AND MEETINGS.—
  642         (a)The commission shall consist of one voting
  643  representative appointed by each compact state who shall serve
  644  as that state’s commissioner. The state psychology regulatory
  645  authority shall appoint its delegate. This delegate shall be
  646  empowered to act on behalf of the compact state. This delegate
  647  shall be limited to:
  648         1.The executive director, the executive secretary, or a
  649  similar executive of the compact state’s psychology regulatory
  650  authority;
  651         2.A current member of the state psychology regulatory
  652  authority of a compact state; or
  653         3.A designee empowered with the appropriate delegate
  654  authority to act on behalf of the compact state.
  655         (b)A commissioner may be removed or suspended from office
  656  as provided by the law of the state from which the commissioner
  657  is appointed. Any vacancy occurring in the commission shall be
  658  filled in accordance with the laws of the compact state in which
  659  the vacancy exists.
  660         (c)Each commissioner shall be entitled to one vote with
  661  regard to the promulgation of rules and creation of bylaws and
  662  shall otherwise have an opportunity to participate in the
  663  business and affairs of the commission. A commissioner shall
  664  vote in person or by such other means as provided in the bylaws.
  665  The bylaws may provide for commissioners’ participation in
  666  meetings by telephone or other means of communication.
  667         (d)The commission shall meet at least once during each
  668  calendar year. Additional meetings shall be held as set forth in
  669  the bylaws.
  670         (e)All meetings shall be open to the public, and public
  671  notice of meetings shall be given in the same manner as required
  672  under the rulemaking provisions in article XI.
  673         (f)The commission may convene in a closed, nonpublic
  674  meeting if the commission must discuss:
  675         1.Noncompliance of a compact state with its obligations
  676  under the compact;
  677         2.Employment, compensation, or discipline of or other
  678  personnel matters, practices, or procedures related to specific
  679  employees, or other matters related to the commission’s internal
  680  personnel practices and procedures;
  681         3.Current, threatened, or reasonably anticipated
  682  litigation against the commission;
  683         4.Negotiation of contracts for the purchase or sale of
  684  goods, services, or real estate;
  685         5.An accusation of any person of a crime or a formal
  686  censure of any person;
  687         6.Information disclosing trade secrets or commercial or
  688  financial information which is privileged or confidential;
  689         7.Information of a personal nature where disclosure would
  690  constitute a clearly unwarranted invasion of personal privacy;
  691         8.Investigatory records compiled for law enforcement
  692  purposes;
  693         9.Information related to any investigatory reports
  694  prepared by or on behalf of or for use of the commission or
  695  other committee charged with responsibility for investigation or
  696  determination of compliance issues pursuant to the compact; or
  697         10.Matters specifically exempted from disclosure by
  698  federal or state statute.
  699         (g)If a meeting, or portion of a meeting, is closed
  700  pursuant to this subsection, the commission’s legal counsel or
  701  designee shall certify that the meeting may be closed and shall
  702  reference each relevant exempting provision. The commission
  703  shall keep minutes that fully and clearly describe all matters
  704  discussed in a meeting and shall provide a full and accurate
  705  summary of actions taken, of any person participating in the
  706  meeting, and the reasons therefor, including a description of
  707  the views expressed. All documents considered in connection with
  708  an action shall be identified in such minutes. All minutes and
  709  documents of a closed meeting shall remain under seal, subject
  710  to release only by a majority vote of the commission or order of
  711  a court of competent jurisdiction.
  712         (3)BYLAWS.—
  713         (a)The commission shall, by a majority vote of the
  714  commissioners, prescribe bylaws or rules to govern its conduct
  715  as may be necessary or appropriate to carry out the purposes and
  716  exercise the powers of the compact, including, but not limited
  717  to:
  718         1.Establishing the fiscal year of the commission;
  719         2.Providing reasonable standards and procedures:
  720         a.For the establishment and meetings of other committees;
  721  and
  722         b.Governing any general or specific delegation of any
  723  authority or function of the commission;
  724         3.Providing reasonable procedures for calling and
  725  conducting meetings of the commission, ensuring reasonable
  726  advance notice of all meetings, and providing an opportunity for
  727  attendance of such meetings by interested parties, with
  728  enumerated exceptions designed to protect the public’s interest,
  729  the privacy of individuals involved in such proceedings, and
  730  proprietary information, including trade secrets. The commission
  731  may meet in closed session only after a majority of the
  732  commissioners vote to close a meeting to the public in whole or
  733  in part. As soon as practicable, the commission must make public
  734  a copy of the vote to close the meeting which reveals the vote
  735  of each commissioner with no proxy votes allowed;
  736         4.Establishing the titles, duties and authority, and
  737  reasonable procedures for the election of the officers of the
  738  commission;
  739         5.Providing reasonable standards and procedures for the
  740  establishment of the personnel policies and programs of the
  741  commission. Notwithstanding any civil service or other similar
  742  law of any compact state, the bylaws shall exclusively govern
  743  the personnel policies and programs of the commission;
  744         6.Promulgating a code of ethics to address permissible and
  745  prohibited activities of commission members and employees; and
  746         7.Providing a mechanism for concluding the operations of
  747  the commission and the equitable disposition of any surplus
  748  funds that may exist after the termination of the compact after
  749  the payment or reserving of all of its debts and obligations;
  750         (b)The commission shall publish its bylaws in a convenient
  751  form and file a copy thereof, and a copy of any amendment
  752  thereto, with the appropriate agency or officer in each of the
  753  compact states.
  754         (c)The commission shall maintain its financial records in
  755  accordance with the bylaws.
  756         (d)The commission shall meet and take such actions as are
  757  consistent with the provisions of this compact and the bylaws.
  758         (4)POWERS.—The commission has the power to:
  759         (a)Promulgate uniform rules to facilitate and coordinate
  760  implementation and administration of this compact. The rules
  761  shall have the force and effect of law and shall be binding in
  762  all compact states;
  763         (b)Bring and prosecute legal proceedings or actions in the
  764  name of the commission, provided that the standing of any state
  765  psychology regulatory authority or other regulatory body
  766  responsible for psychology licensure to sue or be sued under
  767  applicable law is not affected;
  768         (c)Purchase and maintain insurance and bonds;
  769         (d)Borrow, accept, or contract for services of personnel,
  770  including, but not limited to, employees of a compact state;
  771         (e)Hire employees, elect or appoint officers, fix
  772  compensation, define duties, grant such individuals appropriate
  773  authority to carry out the purposes of the compact, and
  774  establish the commission’s personnel policies and programs
  775  relating to conflicts of interest, qualifications of personnel,
  776  and other related personnel matters;
  777         (f)Accept any and all appropriate donations and grants of
  778  money, equipment, supplies, materials and services, and to
  779  receive, utilize and dispose of the same; provided that at all
  780  times the commission shall strive to avoid any appearance of
  781  impropriety or conflict of interest;
  782         (g)Lease, purchase, accept appropriate gifts or donations
  783  of, or otherwise to own, hold, improve, or use, any property,
  784  real, personal, or mixed; provided that at all times the
  785  commission shall strive to avoid any appearance of impropriety
  786  or conflict of interest;
  787         (h)Sell, convey, mortgage, pledge, lease, exchange,
  788  abandon, or otherwise dispose of any property, real, personal,
  789  or mixed;
  790         (i)Establish a budget and make expenditures;
  791         (j)Borrow money;
  792         (k)Appoint committees, including advisory committees
  793  consisting of commission members, state regulators, state
  794  legislators or their representatives, and consumer
  795  representatives, and such other interested persons as may be
  796  designated in this compact and the bylaws;
  797         (l)Provide and receive information from, and to cooperate
  798  with, law enforcement agencies;
  799         (m)Adopt and use an official seal; and
  800         (n)Perform such other functions as may be necessary or
  801  appropriate to achieve the purposes of this compact consistent
  802  with the state regulation of psychology licensure, temporary in
  803  person, face-to-face practice, and telepsychology practice.
  804         (5)EXECUTIVE BOARD.—
  805         (a)The executive board shall have the power to act on
  806  behalf of the commission according to the terms of this compact,
  807  and shall consist of the following six members:
  808         1.Five voting members who are elected from the current
  809  membership of the commission by the commission; and
  810         2.One ex-officio, nonvoting member from the Association of
  811  State and Provincial Psychology Boards.
  812         (b)The ex-officio member must have served as staff for or
  813  a member of a state psychology regulatory authority and shall be
  814  selected by its respective organization.
  815         (c)The commission may remove any member of the executive
  816  board as provided in its bylaws.
  817         (d)The executive board shall meet at least annually.
  818         (e)The executive board shall have the following duties and
  819  responsibilities:
  820         1.Recommend to the entire commission changes to the rules
  821  or bylaws, this compact legislation, or fees paid by compact
  822  states, such as annual dues, and other applicable fees;
  823         2.Ensure compact administration services are appropriately
  824  provided, contractual or otherwise;
  825         3.Prepare and recommend the budget;
  826         4.Maintain financial records on behalf of the commission;
  827         5.Monitor compact compliance of member states and provide
  828  compliance reports to the commission;
  829         6.Establish additional committees as necessary; and
  830         7.Other duties as provided in rules or bylaws.
  831         (6)FINANCING.—
  832         (a)The commission shall pay, or provide for the payment
  833  of, the reasonable expenses of its establishment, organization,
  834  and ongoing activities.
  835         (b)The commission may accept any and all appropriate
  836  revenue sources, donations, and grants of money, equipment,
  837  supplies, materials, and services.
  838         (c)The commission may levy and collect an annual
  839  assessment from each compact state or impose fees on other
  840  parties to cover the cost of the operations and activities of
  841  the commission and its staff which must be in a total amount
  842  sufficient to cover its annual budget as approved each year for
  843  which revenue is not provided by other sources. The aggregate
  844  annual assessment amount shall be allocated based upon a formula
  845  to be determined by the commission, which shall promulgate a
  846  rule binding upon all compact states.
  847         (d)The commission may not incur obligations of any kind
  848  prior to securing the funds adequate to meet the same; nor shall
  849  the commission pledge the credit of any of the compact states,
  850  except by and with the authority of the compact state.
  851         (e)The commission shall keep accurate accounts of all
  852  receipts and disbursements. The receipts and disbursements of
  853  the commission shall be subject to the audit and accounting
  854  procedures established under its bylaws. However, all receipts
  855  and disbursements of funds handled by the commission shall be
  856  audited yearly by a certified or licensed public accountant and
  857  the report of the audit shall be included in and become part of
  858  the annual report of the commission.
  859         (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
  860         (a)The members, officers, executive director, employees,
  861  and representatives of the commission shall be immune from suit
  862  and liability, either personally or in their official capacity,
  863  for any claim for damage to or loss of property or personal
  864  injury or other civil liability caused by or arising out of any
  865  actual or alleged act, error, or omission that occurred, or that
  866  the person against whom the claim is made had a reasonable basis
  867  for believing occurred, within the scope of commission
  868  employment, duties, or responsibilities; provided that nothing
  869  in this paragraph shall be construed to protect any such person
  870  from suit or liability for any damage, loss, injury, or
  871  liability caused by the intentional or willful or wanton
  872  misconduct of that person.
  873         (b)The commission shall defend any member, officer,
  874  executive director, employee, or representative of the
  875  commission in any civil action seeking to impose liability
  876  arising out of any actual or alleged act, error, or omission
  877  that occurred within the scope of commission employment, duties,
  878  or responsibilities, or that the person against whom the claim
  879  is made had a reasonable basis for believing occurred within the
  880  scope of commission employment, duties, or responsibilities;
  881  provided that nothing herein may be construed to prohibit that
  882  person from retaining his or her own counsel; and provided
  883  further, that the actual or alleged act, error, or omission did
  884  not result from that person’s intentional or willful or wanton
  885  misconduct.
  886         (c)The commission shall indemnify and hold harmless any
  887  member, officer, executive director, employee, or representative
  888  of the commission for the amount of any settlement or judgment
  889  obtained against that person arising out of any actual or
  890  alleged act, error, or omission that occurred within the scope
  891  of commission employment, duties, or responsibilities, or that
  892  such person had a reasonable basis for believing occurred within
  893  the scope of commission employment, duties, or responsibilities;
  894  provided that the actual or alleged act, error, or omission did
  895  not result from the intentional or willful or wanton misconduct
  896  of that person.
  897  
  898                             ARTICLE XI                            
  899                             RULEMAKING                            
  900         (1)The commission shall exercise its rulemaking powers
  901  pursuant to the criteria set forth in this article and the rules
  902  adopted thereunder. Rules and amendments become binding as of
  903  the date specified in each rule or amendment.
  904         (2)If a majority of the legislatures of the compact states
  905  reject a rule by enactment of a statute or resolution in the
  906  same manner used to adopt the compact, such rule shall have no
  907  further force and effect in any compact state.
  908         (3)Rules or amendments to the rules shall be adopted at a
  909  regular or special meeting of the commission.
  910         (4)Prior to promulgation and adoption of a final rule or
  911  rules by the commission, and at least 60 days in advance of the
  912  meeting at which the rule will be considered and voted upon, the
  913  commission shall file a notice of proposed rulemaking:
  914         (a)On the website of the commission; and
  915         (b)On the website of each compact states psychology
  916  regulatory authority or the publication in which each state
  917  would otherwise publish proposed rules.
  918         (5)The notice of proposed rulemaking shall include:
  919         (a)The proposed time, date, and location of the meeting in
  920  which the rule will be considered and voted upon;
  921         (b)The text of the proposed rule or amendment and the
  922  reason for the proposed rule;
  923         (c)A request for comments on the proposed rule from any
  924  interested person; and
  925         (d)The manner in which interested persons may submit
  926  notice to the commission of their intention to attend the public
  927  hearing and any written comments.
  928         (6)Before adoption of a proposed rule, the commission
  929  shall allow persons to submit written data, facts, opinions, and
  930  arguments, which shall be made available to the public.
  931         (7)The commission shall grant an opportunity for a public
  932  hearing before it adopts a rule or amendment if a hearing is
  933  requested by:
  934         (a)At least 25 individuals who submit comments
  935  independently of each other;
  936         (b)A governmental subdivision or agency; or
  937         (c)A duly appointed person in an association that has at
  938  least 25 members.
  939         (8)If a hearing is held on the proposed rule or amendment,
  940  the commission shall publish the place, time, and date of the
  941  scheduled public hearing.
  942         (a)All individuals wishing to be heard at the hearing
  943  shall notify the executive director of the commission or other
  944  designated member in writing of their desire to appear and
  945  testify at the hearing at least 5 business days before the
  946  scheduled date of the hearing.
  947         (b)Hearings shall be conducted in a manner providing each
  948  person who wishes to comment a fair and reasonable opportunity
  949  to comment orally or in writing.
  950         (c)No transcript of the hearing is required, unless a
  951  written request for a transcript is made, in which case the
  952  person requesting the transcript shall bear the cost of
  953  producing the transcript. A recording may be made in lieu of a
  954  transcript under the same terms and conditions as a transcript.
  955  This subsection does not preclude the commission from making a
  956  transcript or recording of the hearing if it so chooses.
  957         (d)Nothing in this section shall be construed as requiring
  958  a separate hearing on each rule. Rules may be grouped for the
  959  convenience of the commission at hearings required by this
  960  section.
  961         (9)If no written notice of intent to attend the public
  962  hearing by interested parties is received, the commission may
  963  proceed with promulgation of the proposed rule without a public
  964  hearing.
  965         (10)Following the scheduled hearing date, or by the close
  966  of business on the scheduled hearing date if the hearing was not
  967  held, the commission shall consider all written and oral
  968  comments received.
  969         (11)The commission shall, by majority vote of all members,
  970  take final action on the proposed rule and shall determine the
  971  effective date of the rule based on the rulemaking record and
  972  the full text of the rule.
  973         (12)Upon determination that an emergency exists, the
  974  commission may consider and adopt an emergency rule without
  975  prior notice, opportunity for comment, or hearing, provided that
  976  the usual rulemaking procedures provided in the compact and in
  977  this section shall be retroactively applied to the rule as soon
  978  as reasonably possible, but no later than 90 days after the
  979  effective date of the rule. For the purposes of this subsection,
  980  an emergency rule is one that must be adopted immediately in
  981  order to:
  982         (a)Meet an imminent threat to public health, safety, or
  983  welfare;
  984         (b)Prevent a loss of commission or compact state funds;
  985         (c)Meet a deadline for the promulgation of an
  986  administrative rule that is established by federal law or rule;
  987  or
  988         (d)Protect public health and safety.
  989         (13)The commission or an authorized committee of the
  990  commission may direct revisions to a previously adopted rule or
  991  amendment for purposes of correcting typographical errors,
  992  errors in format, errors in consistency, or grammatical errors.
  993  Public notice of any revisions shall be posted on the website of
  994  the commission. The revision shall be subject to challenge by
  995  any person for a period of 30 days after posting. The revision
  996  may be challenged only on grounds that the revision results in a
  997  material change to a rule. A challenge shall be made in writing
  998  and delivered to the chair of the commission prior to the end of
  999  the notice period. If no challenge is made, the revision will
 1000  take effect without further action. If the revision is
 1001  challenged, the revision may not take effect without the
 1002  approval of the commission.
 1003  
 1004                             ARTICLE XII                           
 1005     OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION;    
 1006                 DISPUTE RESOLUTION; AND ENFORCEMENT               
 1007         (1)OVERSIGHT.—
 1008         (a)The executive, legislative, and judicial branches of
 1009  state government in each compact state shall enforce this
 1010  compact and take all actions necessary and appropriate to
 1011  effectuate the compact’s purposes and intent. The provisions of
 1012  this compact and the rules promulgated hereunder shall have
 1013  standing as statutory law.
 1014         (b)All courts shall take judicial notice of the compact
 1015  and the rules in any judicial or administrative proceeding in a
 1016  compact state pertaining to the subject matter of this compact
 1017  which may affect the powers, responsibilities, or actions of the
 1018  commission.
 1019         (c)The commission shall be entitled to receive service of
 1020  process in any such proceeding, and shall have standing to
 1021  intervene in such a proceeding for all purposes. Failure to
 1022  provide service of process to the commission shall render a
 1023  judgment or order void as to the commission, this compact, or
 1024  promulgated rules.
 1025         (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
 1026         (a)If the commission determines that a compact state has
 1027  defaulted in the performance of its obligations or
 1028  responsibilities under this compact or the promulgated rules,
 1029  the commission shall:
 1030         1.Provide written notice to the defaulting state and other
 1031  compact states of the nature of the default, the proposed means
 1032  of remedying the default, and any other action to be taken by
 1033  the commission; and
 1034         2.Provide remedial training and specific technical
 1035  assistance regarding the default.
 1036         (b)If a state in default fails to remedy the default, the
 1037  defaulting state may be terminated from the compact upon an
 1038  affirmative vote of a majority of the compact states, and all
 1039  rights, privileges, and benefits conferred by this compact shall
 1040  be terminated on the effective date of termination. A remedy of
 1041  the default does not relieve the offending state of obligations
 1042  or liabilities incurred during the period of default.
 1043         (c)Termination of membership in the compact shall be
 1044  imposed only after all other means of securing compliance have
 1045  been exhausted. The commission shall submit a notice of intent
 1046  to suspend or terminate a defaulting compact state to the
 1047  state’s governor, the majority and minority leaders of the
 1048  state’s legislature, and each of the compact states.
 1049         (d)A compact state that has been terminated is responsible
 1050  for all assessments, obligations, and liabilities incurred
 1051  through the effective date of termination, including obligations
 1052  that extend beyond the effective date of termination.
 1053         (e)The commission may not bear any costs incurred by the
 1054  state that is found to be in default or has been terminated from
 1055  the compact, unless agreed upon in writing between the
 1056  commission and the defaulting state.
 1057         (f)The defaulting state may appeal the action of the
 1058  commission by petitioning the United States District Court for
 1059  the state of Georgia or the federal district where the compact
 1060  has its principal offices. The prevailing party shall be awarded
 1061  all costs of such litigation, including reasonable attorney
 1062  fees.
 1063         (3)DISPUTE RESOLUTION.—
 1064         (a)Upon request by a compact state, the commission shall
 1065  attempt to resolve disputes related to the compact which arise
 1066  among compact states and between compact and noncompact states.
 1067         (b)The commission shall promulgate a rule providing for
 1068  both mediation and binding dispute resolution for disputes that
 1069  arise before the commission.
 1070         (4)ENFORCEMENT.—
 1071         (a)The commission, in the reasonable exercise of its
 1072  discretion, shall enforce the provisions and rules of this
 1073  compact.
 1074         (b)By majority vote, the commission may initiate legal
 1075  action in the United States District Court for the state of
 1076  Georgia or the federal district where the compact has its
 1077  principal offices against a compact state in default to enforce
 1078  compliance with the provisions of the compact and its
 1079  promulgated rules and bylaws. The relief sought may include both
 1080  injunctive relief and damages. In the event judicial enforcement
 1081  is necessary, the prevailing party shall be awarded all costs of
 1082  such litigation, including reasonable attorney fees.
 1083         (c)The remedies herein are not the exclusive remedies of
 1084  the commission. The commission may pursue any other remedies
 1085  available under federal or state law.
 1086  
 1087                            ARTICLE XIII                           
 1088    DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL   
 1089      COMPACT COMMISSION AND ASSOCIATED RULES; WITHDRAWAL, AND     
 1090                             AMENDMENTS                            
 1091         (1)The compact shall become effective on the date on which
 1092  the compact is enacted into law in the seventh compact state.
 1093  The provisions that become effective at that time shall be
 1094  limited to the powers granted to the commission relating to
 1095  assembly and the promulgation of rules. Thereafter, the
 1096  commission shall meet and exercise rulemaking powers necessary
 1097  to the implementation and administration of the compact.
 1098         (2)Any state that joins the compact subsequent to the
 1099  commission’s initial adoption of the rules shall be subject to
 1100  the rules as they exist on the date on which the compact becomes
 1101  law in that state. Any rule that has been previously adopted by
 1102  the commission shall have the full force and effect of law on
 1103  the day the compact becomes law in that state.
 1104         (3)Any compact state may withdraw from this compact by
 1105  enacting a statute repealing the same.
 1106         (a)A compact state’s withdrawal does not take effect until
 1107  6 months after enactment of the repealing statute.
 1108         (b)Withdrawal does not affect the continuing requirement
 1109  of the withdrawing state’s psychology regulatory authority to
 1110  comply with the investigative and adverse action reporting
 1111  requirements of this act prior to the effective date of
 1112  withdrawal.
 1113         (4)Nothing contained in this compact shall be construed to
 1114  invalidate or prevent any psychology licensure agreement or
 1115  other cooperative arrangement between a compact state and a
 1116  noncompact state which does not conflict with the provisions of
 1117  this compact.
 1118         (5)This compact may be amended by the compact states. No
 1119  amendment to this compact shall become effective and binding
 1120  upon any compact state until it is enacted into the law of all
 1121  compact states.
 1122  
 1123                             ARTICLE XIV                           
 1124                    CONSTRUCTION AND SEVERABILITY                  
 1125         This compact shall be liberally construed so as to
 1126  effectuate the purposes thereof. If this compact shall be held
 1127  contrary to the constitution of any state member thereto, the
 1128  compact shall remain in full force and effect as to the
 1129  remaining compact states.
 1130         Section 2. Subsection (10) of section 456.073, Florida
 1131  Statutes, is amended to read:
 1132         456.073 Disciplinary proceedings.—Disciplinary proceedings
 1133  for each board shall be within the jurisdiction of the
 1134  department.
 1135         (10) The complaint and all information obtained pursuant to
 1136  the investigation by the department are confidential and exempt
 1137  from s. 119.07(1) until 10 days after probable cause has been
 1138  found to exist by the probable cause panel or by the department,
 1139  or until the regulated professional or subject of the
 1140  investigation waives his or her privilege of confidentiality,
 1141  whichever occurs first. The department shall report any
 1142  significant investigation information relating to a nurse
 1143  holding a multistate license to the coordinated licensure
 1144  information system pursuant to s. 464.0095, and any significant
 1145  investigatory information relating to a psychologist practicing
 1146  under the Psychology Interjurisdictional Compact to the
 1147  coordinated licensure information system pursuant to s.
 1148  490.0075. Upon completion of the investigation and a
 1149  recommendation by the department to find probable cause, and
 1150  pursuant to a written request by the subject or the subject’s
 1151  attorney, the department shall provide the subject an
 1152  opportunity to inspect the investigative file or, at the
 1153  subject’s expense, forward to the subject a copy of the
 1154  investigative file. Notwithstanding s. 456.057, the subject may
 1155  inspect or receive a copy of any expert witness report or
 1156  patient record connected with the investigation if the subject
 1157  agrees in writing to maintain the confidentiality of any
 1158  information received under this subsection until 10 days after
 1159  probable cause is found and to maintain the confidentiality of
 1160  patient records pursuant to s. 456.057. The subject may file a
 1161  written response to the information contained in the
 1162  investigative file. Such response must be filed within 20 days
 1163  of mailing by the department, unless an extension of time has
 1164  been granted by the department. This subsection does not
 1165  prohibit the department from providing such information to any
 1166  law enforcement agency or to any other regulatory agency.
 1167         Section 3. Subsection (5) of section 456.076, Florida
 1168  Statutes, is amended to read:
 1169         456.076 Impaired practitioner programs.—
 1170         (5) A consultant shall enter into a participant contract
 1171  with an impaired practitioner and shall establish the terms of
 1172  monitoring and shall include the terms in a participant
 1173  contract. In establishing the terms of monitoring, the
 1174  consultant may consider the recommendations of one or more
 1175  approved evaluators, treatment programs, or treatment providers.
 1176  A consultant may modify the terms of monitoring if the
 1177  consultant concludes, through the course of monitoring, that
 1178  extended, additional, or amended terms of monitoring are
 1179  required for the protection of the health, safety, and welfare
 1180  of the public. If the impaired practitioner is a psychologist
 1181  practicing under the Psychology Interjurisdictional Compact
 1182  pursuant to s. 490.0075, the terms of the monitoring contract
 1183  must include the impaired practitioner’s withdrawal from all
 1184  practice under the compact.
 1185         Section 4. Subsection (7) is added to section 490.004,
 1186  Florida Statutes, to read:
 1187         490.004 Board of Psychology.—
 1188         (7) The board shall appoint an individual to serve as the
 1189  state’s commissioner on the Psychology Interjurisdictional
 1190  Compact Commission, as required under s. 490.0075.
 1191         Section 5. Subsection (4) is added to section 490.005,
 1192  Florida Statutes, to read:
 1193         490.005 Licensure by examination.—
 1194         (4) A person licensed as a psychologist in another state
 1195  who is practicing pursuant to the Psychology Interjurisdictional
 1196  Compact under s. 490.0075, and only within the scope provided
 1197  therein, is exempt from the licensure requirements of this
 1198  section.
 1199         Section 6. Subsection (4) is added to section 490.006,
 1200  Florida Statutes, to read:
 1201         490.006 Licensure by endorsement.—
 1202         (4) A person licensed as a psychologist in another state
 1203  who is practicing pursuant to the Psychology Interjurisdictional
 1204  Compact under s. 490.0075, and only within the scope provided
 1205  therein, is exempt from this section.
 1206         Section 7. Section 490.009, Florida Statutes, is amended to
 1207  read:
 1208         490.009 Discipline.—
 1209         (1) The following acts constitute grounds for denial of a
 1210  license or disciplinary action, as specified in s. 456.072(2) or
 1211  s. 490.0075:
 1212         (a) Attempting to obtain, obtaining, or renewing a license
 1213  under this chapter by bribery or fraudulent misrepresentation or
 1214  through an error of the board or department.
 1215         (b) Having a license to practice a comparable profession
 1216  revoked, suspended, or otherwise acted against, including the
 1217  denial of certification or licensure by another state,
 1218  territory, or country.
 1219         (c) Being convicted or found guilty, regardless of
 1220  adjudication, of a crime in any jurisdiction which directly
 1221  relates to the practice of his or her profession or the ability
 1222  to practice his or her profession. A plea of nolo contendere
 1223  creates a rebuttable presumption of guilt of the underlying
 1224  criminal charges. However, the board shall allow the person who
 1225  is the subject of the disciplinary proceeding to present any
 1226  evidence relevant to the underlying charges and circumstances
 1227  surrounding the plea.
 1228         (d) False, deceptive, or misleading advertising or
 1229  obtaining a fee or other thing of value on the representation
 1230  that beneficial results from any treatment will be guaranteed.
 1231         (e) Advertising, practicing, or attempting to practice
 1232  under a name other than one’s own.
 1233         (f) Maintaining a professional association with any person
 1234  who the applicant or licensee knows, or has reason to believe,
 1235  is in violation of this chapter or of a rule of the department
 1236  or, in the case of psychologists, of the department or the
 1237  board.
 1238         (g) Knowingly aiding, assisting, procuring, or advising any
 1239  nonlicensed person to hold himself or herself out as licensed
 1240  under this chapter.
 1241         (h) Failing to perform any statutory or legal obligation
 1242  placed upon a person licensed under this chapter.
 1243         (i) Willfully making or filing a false report or record;
 1244  failing to file a report or record required by state or federal
 1245  law; willfully impeding or obstructing the filing of a report or
 1246  record; or inducing another person to make or file a false
 1247  report or record or to impede or obstruct the filing of a report
 1248  or record. Such report or record includes only a report or
 1249  record which requires the signature of a person licensed under
 1250  this chapter.
 1251         (j) Paying a kickback, rebate, bonus, or other remuneration
 1252  for receiving a patient or client, or receiving a kickback,
 1253  rebate, bonus, or other remuneration for referring a patient or
 1254  client to another provider of mental health care services or to
 1255  a provider of health care services or goods; referring a patient
 1256  or client to oneself for services on a fee-paid basis when those
 1257  services are already being paid for by some other public or
 1258  private entity; or entering into a reciprocal referral
 1259  agreement.
 1260         (k) Committing any act upon a patient or client which would
 1261  constitute sexual battery or which would constitute sexual
 1262  misconduct as defined in s. 490.0111.
 1263         (l) Making misleading, deceptive, untrue, or fraudulent
 1264  representations in the practice of any profession licensed under
 1265  this chapter.
 1266         (m) Soliciting patients or clients personally, or through
 1267  an agent, through the use of fraud, intimidation, undue
 1268  influence, or a form of overreaching or vexatious conduct.
 1269         (n) Failing to make available to a patient or client, upon
 1270  written request, copies of test results, reports, or documents
 1271  in the possession or under the control of the licensee which
 1272  have been prepared for and paid for by the patient or client.
 1273         (o) Failing to respond within 30 days to a written
 1274  communication from the department concerning any investigation
 1275  by the department or to make available any relevant records with
 1276  respect to any investigation about the licensee’s conduct or
 1277  background.
 1278         (p) Being unable to practice the profession for which he or
 1279  she is licensed under this chapter with reasonable skill or
 1280  competence as a result of any mental or physical condition or by
 1281  reason of illness; drunkenness; or excessive use of drugs,
 1282  narcotics, chemicals, or any other substance. In enforcing this
 1283  paragraph, upon a finding by the State Surgeon General, the
 1284  State Surgeon General’s designee, or the board that probable
 1285  cause exists to believe that the licensee is unable to practice
 1286  the profession because of the reasons stated in this paragraph,
 1287  the department shall have the authority to compel a licensee to
 1288  submit to a mental or physical examination by psychologists or
 1289  physicians designated by the department or board. If the
 1290  licensee refuses to comply with the department’s order, the
 1291  department may file a petition for enforcement in the circuit
 1292  court of the circuit in which the licensee resides or does
 1293  business. The licensee may shall not be named or identified by
 1294  initials in the petition or in any other public court records or
 1295  documents, and the enforcement proceedings shall be closed to
 1296  the public. The department shall be entitled to the summary
 1297  procedure provided in s. 51.011. A licensee affected under this
 1298  paragraph shall be afforded an opportunity at reasonable
 1299  intervals to demonstrate that he or she can resume the competent
 1300  practice for which he or she is licensed with reasonable skill
 1301  and safety to patients.
 1302         (q) Performing any treatment or prescribing any therapy
 1303  which, by the prevailing standards of the mental health
 1304  professions in the community, would constitute experimentation
 1305  on human subjects, without first obtaining full, informed, and
 1306  written consent.
 1307         (r) Failing to meet the minimum standards of performance in
 1308  professional activities when measured against generally
 1309  prevailing peer performance, including the undertaking of
 1310  activities for which the licensee is not qualified by training
 1311  or experience.
 1312         (s) Delegating professional responsibilities to a person
 1313  whom the licensee knows or has reason to know is not qualified
 1314  by training or experience to perform such responsibilities.
 1315         (t) Violating a rule relating to the regulation of the
 1316  profession or a lawful order of the department previously
 1317  entered in a disciplinary hearing.
 1318         (u) Failing to maintain in confidence a communication made
 1319  by a patient or client in the context of such services, except
 1320  as provided in s. 490.0147.
 1321         (v) Making public statements which are derived from test
 1322  data, client contacts, or behavioral research and which identify
 1323  or damage research subjects or clients.
 1324         (w) Violating any provision of this chapter or chapter 456,
 1325  or any rules adopted pursuant thereto.
 1326         (2)(a) The department, or in the case of psychologists, the
 1327  board, may enter an order denying licensure or imposing any of
 1328  the penalties in s. 456.072(2) against any applicant for
 1329  licensure or licensee who is found guilty of violating any
 1330  provision of subsection (1) of this section or who is found
 1331  guilty of violating any provision of s. 456.072(1).
 1332         (b)The board may take adverse action against a
 1333  psychologist’s authority to practice interjurisdictional
 1334  telepsychology or his or her temporary authorization to practice
 1335  under the Psychology Interjurisdictional Compact pursuant to s.
 1336  490.0075, and may impose any of the penalties in s. 456.072(2)
 1337  if a psychologist commits an act specified in subsection (1) or
 1338  s. 456.072(1).
 1339         Section 8. Paragraph (h) is added to subsection (10) of
 1340  section 768.28, Florida Statutes, to read:
 1341         768.28 Waiver of sovereign immunity in tort actions;
 1342  recovery limits; limitation on attorney fees; statute of
 1343  limitations; exclusions; indemnification; risk management
 1344  programs.—
 1345         (10)
 1346         (h) For purposes of this section, the individual appointed
 1347  under s. 490.004(7) as the state’s commissioner on the
 1348  Psychology Interjurisdictional Compact Commission, when serving
 1349  in that capacity pursuant to s. 490.0075, and any administrator,
 1350  officer, executive director, employee, or representative of the
 1351  Psychology Interjurisdictional Compact Commission, when acting
 1352  within the scope of his or her employment, duties, or
 1353  responsibilities in this state, is considered an agent of the
 1354  state. The commission shall pay any claims or judgments pursuant
 1355  to this section and may maintain insurance coverage to pay any
 1356  such claims or judgments.
 1357         Section 9. This act shall take effect July 1, 2020.