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 state’s 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 mayshallnot 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.