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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 03, 2024 |
referred to higher education |
| May 12, 2023 |
referred to higher education |
Senate Bill S6883
2023-2024 Legislative Session
Enacts the psychology interjurisdictional compact, the recognition of emergency medical services personnel licensure interstate compact and the interstate counseling compact
download bill text pdfSponsored By
(R, C, IP) 62nd Senate District
Current Bill Status - In Senate Committee Higher Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) 1st Senate District
2023-S6883 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7947
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add §§7608 & 8413, Ed L; add §3035, Pub Health L
2023-S6883 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6883REVISED 4/30/24
SPONSOR: ORTT
TITLE OF BILL:
An act to amend the education law, in relation to adopting the psychol-
ogy interjurisdictional compact (Part A); to amend the public health
law, in relation to adopting the recognition of emergency medical
services personnel licensure interstate compact (Part B); and to amend
the education law, in relation to adopting the interstate counseling
compact (Part C)
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the psychology interjurisdictional compact, the recognition of
emergency medical services personnel licensure interstate compact and
the interstate counseling compact.
SUMMARY OF PROVISIONS:
Section 1. This act enacts into law components of legislation relating
to enacting the psychology interjurisdictional compact, the recognition
of emergency medical services personnel licensure interstate compact, and the interstate counseling compact. Part A: Section 1. The education law is amended by adding a new section 7608 to read as follows: 7608. Psychology Interjurisdictional Compact. The psychology interjurisdictional compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Part B: The public health law is amended by adding a new section 3033 to read as follows: 3033. Recognition of Emergency Medical Services Person- nel Licensure Interstate Compact. The recognition of emergency medical services personnel licensure interstate compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Part C: The education law is amended by adding a new section 8413 to read as follows: 8413. Interstate Counseling Compact.The interstate counseling compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Section two establishes the severability clause. Section three states the effective date. JUSTIFICATION: The Office of the Deputy under Secretary of Defense recommends this legislation for the Military Community and Family Policy as part of their top ten priorities for States, which are important for the quality of life issues for service members and families. New York is behind when it comes to the adoption of these licensing requirements. Inconsisten- cies between states and the lack of portable employment opportunities hinder military spouses' career growth. The anticipated outcome is that states provide alternative certifications, and enhance the licensing procedures so that it fits the needs of working military families. New York can achieve this by providing education and training opportunities, reciprocal licensing agreements, and out-of-state licensing recognition. This would ensure that military spouses are able to practice their profession across state lines. According to the United States Depart- ment of Defense-State Liaison Office, this legislation aligns with the 'best practices' language that is given by the Department of Defense to partner with States to support military families. The purpose of this Compact is to increase public access to these services as well as increase the number of people in the profession. This legislation will also serve the purpose of allowing people from other states to come and practice in New York regardless of military status. This will expand the number of jobs and people in this field. With New York joining this compact it will also allow more people to have opportunities to use these services. PRIOR LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the applicable effective date of Parts A through C of this act shall be as specifically set forth in the last section of such Parts.
2023-S6883 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6883
2023-2024 Regular Sessions
I N S E N A T E
May 12, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to adopting the psychol-
ogy interjurisdictional compact (Part A); to amend the public health
law, in relation to adopting the recognition of emergency medical
services personnel licensure interstate compact (Part B); and to amend
the education law, in relation to adopting the interstate counseling
compact (Part C)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation relating
to enacting the psychology interjurisdictional compact, the recognition
of emergency medical services personnel licensure interstate compact,
and the interstate counseling compact. Each component is wholly
contained within a Part identified as Parts A through C. The effective
date for each particular provision contained within such Part is set
forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. The education law is amended by adding a new section 7608
to read as follows:
§ 7608. PSYCHOLOGY INTERJURISDICTIONAL COMPACT. THE PSYCHOLOGY INTER-
JURISDICTIONAL COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH
ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11342-01-3
S. 6883 2
ARTICLE I.
PURPOSE
WHEREAS, STATES LICENSE PSYCHOLOGISTS, IN ORDER TO PROTECT THE PUBLIC
THROUGH VERIFICATION OF EDUCATION, TRAINING AND EXPERIENCE AND ENSURE
ACCOUNTABILITY FOR PROFESSIONAL PRACTICE; AND
WHEREAS, THIS COMPACT IS INTENDED TO REGULATE THE DAY TO DAY PRACTICE
OF TELEPSYCHOLOGY (I.E. THE PROVISION OF PSYCHOLOGICAL SERVICES USING
TELECOMMUNICATION TECHNOLOGIES) BY PSYCHOLOGISTS ACROSS STATE BOUNDARIES
IN THE PERFORMANCE OF THEIR PSYCHOLOGICAL PRACTICE AS ASSIGNED BY AN
APPROPRIATE AUTHORITY; AND
WHEREAS, THIS COMPACT IS INTENDED TO REGULATE THE TEMPORARY IN-PERSON,
FACE-TO-FACE PRACTICE OF PSYCHOLOGY BY PSYCHOLOGISTS ACROSS STATE BOUND-
ARIES FOR 30 DAYS WITHIN A CALENDAR YEAR IN THE PERFORMANCE OF THEIR
PSYCHOLOGICAL PRACTICE AS ASSIGNED BY AN APPROPRIATE AUTHORITY;
WHEREAS, THIS COMPACT IS INTENDED TO AUTHORIZE STATE PSYCHOLOGY REGU-
LATORY AUTHORITIES TO AFFORD LEGAL RECOGNITION, IN A MANNER CONSISTENT
WITH THE TERMS OF THE COMPACT, TO PSYCHOLOGISTS LICENSED IN ANOTHER
STATE;
WHEREAS, THIS COMPACT RECOGNIZES THAT STATES HAVE A VESTED INTEREST IN
PROTECTING THE PUBLIC'S HEALTH AND SAFETY THROUGH THEIR LICENSING AND
REGULATION OF PSYCHOLOGISTS AND THAT SUCH STATE REGULATION WILL BEST
PROTECT PUBLIC HEALTH AND SAFETY;
WHEREAS, THIS COMPACT DOES NOT APPLY WHEN A PSYCHOLOGIST IS LICENSED
IN BOTH THE HOME AND RECEIVING STATES; AND
WHEREAS, THIS COMPACT DOES NOT APPLY TO PERMANENT IN-PERSON, FACE-TO-
FACE PRACTICE, IT DOES ALLOW FOR AUTHORIZATION OF TEMPORARY PSYCHOLOG-
ICAL PRACTICE.
CONSISTENT WITH THESE PRINCIPLES, THIS COMPACT IS DESIGNED TO ACHIEVE
THE FOLLOWING PURPOSES AND OBJECTIVES:
1. INCREASE PUBLIC ACCESS TO PROFESSIONAL PSYCHOLOGICAL SERVICES BY
ALLOWING FOR TELEPSYCHOLOGICAL PRACTICE ACROSS STATE LINES AS WELL AS
TEMPORARY IN-PERSON, FACE-TO-FACE SERVICES INTO A STATE WHICH THE
PSYCHOLOGIST IS NOT LICENSED TO PRACTICE PSYCHOLOGY;
2. ENHANCE THE STATES' ABILITY TO PROTECT THE PUBLIC'S HEALTH AND
SAFETY, ESPECIALLY CLIENT/PATIENT SAFETY;
3. ENCOURAGE THE COOPERATION OF COMPACT STATES IN THE AREAS OF
PSYCHOLOGY LICENSURE AND REGULATION;
4. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN COMPACT STATES
REGARDING PSYCHOLOGIST LICENSURE, ADVERSE ACTIONS AND DISCIPLINARY
HISTORY;
5. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING PSYCHOLOGICAL PRACTICE
IN EACH COMPACT STATE; AND
6. INVEST ALL COMPACT STATES WITH THE AUTHORITY TO HOLD LICENSED
PSYCHOLOGISTS ACCOUNTABLE THROUGH THE MUTUAL RECOGNITION OF COMPACT
STATE LICENSES.
ARTICLE II.
DEFINITIONS
A. "ADVERSE ACTION" MEANS: ANY ACTION TAKEN BY A STATE PSYCHOLOGY
REGULATORY AUTHORITY WHICH FINDS A VIOLATION OF A STATUTE OR REGULATION
THAT IS IDENTIFIED BY THE STATE PSYCHOLOGY REGULATORY AUTHORITY AS
DISCIPLINE AND IS A MATTER OF PUBLIC RECORD.
B. "ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB)"
MEANS: THE RECOGNIZED MEMBERSHIP ORGANIZATION COMPOSED OF STATE AND
S. 6883 3
PROVINCIAL PSYCHOLOGY REGULATORY AUTHORITIES RESPONSIBLE FOR THE LICEN-
SURE AND REGISTRATION OF PSYCHOLOGISTS THROUGHOUT THE UNITED STATES AND
CANADA.
C. "AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY" MEANS: A
LICENSED PSYCHOLOGIST'S AUTHORITY TO PRACTICE TELEPSYCHOLOGY, WITHIN THE
LIMITS AUTHORIZED UNDER THIS COMPACT, IN ANOTHER COMPACT STATE.
D. "BYLAWS" MEANS: THOSE BYLAWS ESTABLISHED BY THE PSYCHOLOGY INTERJU-
RISDICTIONAL COMPACT COMMISSION PURSUANT TO ARTICLE X FOR ITS GOVER-
NANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND CONDUCT.
E. "CLIENT/PATIENT" MEANS: THE RECIPIENT OF PSYCHOLOGICAL SERVICES,
WHETHER PSYCHOLOGICAL SERVICES ARE DELIVERED IN THE CONTEXT OF HEALTH-
CARE, CORPORATE, SUPERVISION, AND/OR CONSULTING SERVICES.
F. "COMMISSIONER" MEANS: THE VOTING REPRESENTATIVE APPOINTED BY EACH
STATE PSYCHOLOGY REGULATORY AUTHORITY PURSUANT TO ARTICLE X.
G. "COMPACT STATE" MEANS: A STATE, THE DISTRICT OF COLUMBIA, OR UNITED
STATES TERRITORY THAT HAS ENACTED THIS COMPACT LEGISLATION AND WHICH HAS
NOT WITHDRAWN PURSUANT TO ARTICLE XIII, SECTION C OR BEEN TERMINATED
PURSUANT TO ARTICLE XII, SECTION B.
H. "COORDINATED LICENSURE INFORMATION SYSTEM" ALSO REFERRED TO AS
"COORDINATED DATABASE" MEANS: AN INTEGRATED PROCESS FOR COLLECTING,
STORING, AND SHARING INFORMATION ON PSYCHOLOGISTS' LICENSURE AND
ENFORCEMENT ACTIVITIES RELATED TO PSYCHOLOGY LICENSURE LAWS, WHICH IS
ADMINISTERED BY THE RECOGNIZED MEMBERSHIP ORGANIZATION COMPOSED OF STATE
AND PROVINCIAL PSYCHOLOGY REGULATORY AUTHORITIES.
I. "CONFIDENTIALITY" MEANS: THE PRINCIPLE THAT DATA OR INFORMATION IS
NOT MADE AVAILABLE OR DISCLOSED TO UNAUTHORIZED PERSONS AND/OR PROC-
ESSES.
J. "DAY" MEANS: ANY PART OF A DAY IN WHICH PSYCHOLOGICAL WORK IS
PERFORMED.
K. "DISTANT STATE" MEANS: THE COMPACT STATE WHERE A PSYCHOLOGIST IS
PHYSICALLY PRESENT (NOT THROUGH THE USE OF TELECOMMUNICATIONS TECHNOLO-
GIES), TO PROVIDE TEMPORARY IN-PERSON, FACE-TO-FACE PSYCHOLOGICAL
SERVICES.
L. "E.PASSPORT" MEANS: A CERTIFICATE ISSUED BY THE ASSOCIATION OF
STATE AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB) THAT PROMOTES THE STAND-
ARDIZATION IN THE CRITERIA OF INTERJURISDICTIONAL TELEPSYCHOLOGY PRAC-
TICE AND FACILITATES THE PROCESS FOR LICENSED PSYCHOLOGISTS TO PROVIDE
TELEPSYCHOLOGICAL SERVICES ACROSS STATE LINES.
M. "EXECUTIVE BOARD" MEANS: A GROUP OF DIRECTORS ELECTED OR APPOINTED
TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY, THE
COMMISSION.
N. "HOME STATE" MEANS: A COMPACT STATE WHERE A PSYCHOLOGIST IS
LICENSED TO PRACTICE PSYCHOLOGY. IF THE PSYCHOLOGIST IS LICENSED IN MORE
THAN ONE COMPACT STATE AND IS PRACTICING UNDER THE AUTHORIZATION TO
PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY, THE HOME STATE IS THE
COMPACT STATE WHERE THE PSYCHOLOGIST IS PHYSICALLY PRESENT WHEN THE
TELEPSYCHOLOGICAL SERVICES ARE DELIVERED. IF THE PSYCHOLOGIST IS
LICENSED IN MORE THAN ONE COMPACT STATE AND IS PRACTICING UNDER THE
TEMPORARY AUTHORIZATION TO PRACTICE, THE HOME STATE IS ANY COMPACT STATE
WHERE THE PSYCHOLOGIST IS LICENSED.
O. "IDENTITY HISTORY SUMMARY" MEANS: A SUMMARY OF INFORMATION RETAINED
BY THE FBI, OR OTHER DESIGNEE WITH SIMILAR AUTHORITY, IN CONNECTION WITH
ARRESTS AND, IN SOME INSTANCES, FEDERAL EMPLOYMENT, NATURALIZATION, OR
MILITARY SERVICE.
P. "IN-PERSON, FACE-TO-FACE" MEANS: INTERACTIONS IN WHICH THE PSYCHOL-
OGIST AND THE CLIENT/PATIENT ARE IN THE SAME PHYSICAL SPACE AND WHICH
S. 6883 4
DOES NOT INCLUDE INTERACTIONS THAT MAY OCCUR THROUGH THE USE OF TELECOM-
MUNICATION TECHNOLOGIES.
Q. "INTERJURISDICTIONAL PRACTICE CERTIFICATE (IPC)" MEANS: A CERTIF-
ICATE ISSUED BY THE ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY
BOARDS (ASPPB) THAT GRANTS TEMPORARY AUTHORITY TO PRACTICE BASED ON
NOTIFICATION TO THE STATE PSYCHOLOGY REGULATORY AUTHORITY OF INTENTION
TO PRACTICE TEMPORARILY, AND VERIFICATION OF ONE'S QUALIFICATIONS FOR
SUCH PRACTICE.
R. "LICENSE" MEANS: AUTHORIZATION BY A STATE PSYCHOLOGY REGULATORY
AUTHORITY TO ENGAGE IN THE INDEPENDENT PRACTICE OF PSYCHOLOGY, WHICH
WOULD BE UNLAWFUL WITHOUT THE AUTHORIZATION.
S. "NON-COMPACT STATE" MEANS: ANY STATE WHICH IS NOT AT THE TIME A
COMPACT STATE.
T. "PSYCHOLOGIST" MEANS: AN INDIVIDUAL LICENSED FOR THE INDEPENDENT
PRACTICE OF PSYCHOLOGY.
U. "PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION" ALSO REFERRED
TO AS "COMMISSION" MEANS: THE NATIONAL ADMINISTRATION OF WHICH ALL
COMPACT STATES ARE MEMBERS.
V. "RECEIVING STATE" MEANS: A COMPACT STATE WHERE THE CLIENT/PATIENT
IS PHYSICALLY LOCATED WHEN THE TELEPSYCHOLOGICAL SERVICES ARE DELIVERED.
W. "RULE" MEANS: A WRITTEN STATEMENT BY THE PSYCHOLOGY INTERJURISDIC-
TIONAL COMPACT COMMISSION PROMULGATED PURSUANT TO ARTICLE XI OF THIS
COMPACT THAT IS OF GENERAL APPLICABILITY, IMPLEMENTS, INTERPRETS, OR
PRESCRIBES A POLICY OR PROVISION OF THIS COMPACT, OR AN ORGANIZATIONAL,
PROCEDURAL, OR PRACTICE REQUIREMENT OF THE COMMISSION AND HAS THE FORCE
AND EFFECT OF STATUTORY LAW IN A COMPACT STATE, AND INCLUDES THE AMEND-
MENT, REPEAL OR SUSPENSION OF AN EXISTING RULE.
X. "SIGNIFICANT INVESTIGATORY INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A STATE PSYCHOLOGY REGULATORY
AUTHORITY, AFTER A PRELIMINARY INQUIRY THAT INCLUDES NOTIFICATION AND AN
OPPORTUNITY TO RESPOND IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE,
IF PROVEN TRUE, WOULD INDICATE MORE THAN A VIOLATION OF STATE STATUTE OR
ETHICS CODE THAT WOULD BE CONSIDERED MORE SUBSTANTIAL THAN MINOR INFRAC-
TION; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE PSYCHOLOGIST
REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF
WHETHER THE PSYCHOLOGIST HAS BEEN NOTIFIED AND/OR HAD AN OPPORTUNITY TO
RESPOND.
Y. "STATE" MEANS: A STATE, COMMONWEALTH, TERRITORY, OR POSSESSION OF
THE UNITED STATES, THE DISTRICT OF COLUMBIA.
Z. "STATE PSYCHOLOGY REGULATORY AUTHORITY" MEANS: THE BOARD, OFFICE OR
OTHER AGENCY WITH THE LEGISLATIVE MANDATE TO LICENSE AND REGULATE THE
PRACTICE OF PSYCHOLOGY.
AA. "TELEPSYCHOLOGY" MEANS: THE PROVISION OF PSYCHOLOGICAL SERVICES
USING TELECOMMUNICATION TECHNOLOGIES.
BB. "TEMPORARY AUTHORIZATION TO PRACTICE" MEANS: A LICENSED PSYCHOL-
OGIST'S AUTHORITY TO CONDUCT TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE,
WITHIN THE LIMITS AUTHORIZED UNDER THIS COMPACT, IN ANOTHER COMPACT
STATE.
CC. "TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE" MEANS: WHERE A
PSYCHOLOGIST IS PHYSICALLY PRESENT (NOT THROUGH THE USE OF TELECOMMUNI-
CATIONS TECHNOLOGIES), IN THE DISTANT STATE TO PROVIDE FOR THE PRACTICE
OF PSYCHOLOGY FOR 30 DAYS WITHIN A CALENDAR YEAR AND BASED ON NOTIFICA-
TION TO THE DISTANT STATE.
S. 6883 5
ARTICLE III.
HOME STATE LICENSURE
A. THE HOME STATE SHALL BE A COMPACT STATE WHERE A PSYCHOLOGIST IS
LICENSED TO PRACTICE PSYCHOLOGY.
B. A PSYCHOLOGIST MAY HOLD ONE OR MORE COMPACT STATE LICENSES AT A
TIME. IF THE PSYCHOLOGIST IS LICENSED IN MORE THAN ONE COMPACT STATE,
THE HOME STATE IS THE COMPACT STATE WHERE THE PSYCHOLOGIST IS PHYSICALLY
PRESENT WHEN THE SERVICES ARE DELIVERED AS AUTHORIZED BY THE AUTHORITY
TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY UNDER THE TERMS OF THIS
COMPACT.
C. ANY COMPACT STATE MAY REQUIRE A PSYCHOLOGIST NOT PREVIOUSLY
LICENSED IN A COMPACT STATE TO OBTAIN AND RETAIN A LICENSE TO BE AUTHOR-
IZED TO PRACTICE IN THE COMPACT STATE UNDER CIRCUMSTANCES NOT AUTHORIZED
BY THE AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY UNDER
THE TERMS OF THIS COMPACT.
D. ANY COMPACT STATE MAY REQUIRE A PSYCHOLOGIST TO OBTAIN AND RETAIN A
LICENSE TO BE AUTHORIZED TO PRACTICE IN A COMPACT STATE UNDER CIRCUM-
STANCES NOT AUTHORIZED BY TEMPORARY AUTHORIZATION TO PRACTICE UNDER THE
TERMS OF THIS COMPACT.
E. A HOME STATE'S LICENSE AUTHORIZES A PSYCHOLOGIST TO PRACTICE IN A
RECEIVING STATE UNDER THE AUTHORITY TO PRACTICE INTERJURISDICTIONAL
TELEPSYCHOLOGY ONLY IF THE COMPACT STATE:
1. CURRENTLY REQUIRES THE PSYCHOLOGIST TO HOLD AN ACTIVE E.PASSPORT;
2. HAS A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING COMPLAINTS
ABOUT LICENSED INDIVIDUALS;
3. NOTIFIES THE COMMISSION, IN COMPLIANCE WITH THE TERMS HEREIN, OF
ANY ADVERSE ACTION OR SIGNIFICANT INVESTIGATORY INFORMATION REGARDING A
LICENSED INDIVIDUAL;
4. REQUIRES AN IDENTITY HISTORY SUMMARY OF ALL APPLICANTS AT INITIAL
LICENSURE, INCLUDING THE USE OF THE RESULTS OF FINGERPRINTS OR OTHER
BIOMETRIC DATA CHECKS COMPLIANT WITH THE REQUIREMENTS OF THE FEDERAL
BUREAU OF INVESTIGATION, OR OTHER DESIGNEE WITH SIMILAR AUTHORITY, NO
LATER THAN TEN YEARS AFTER ACTIVATION OF THIS COMPACT; AND
5. COMPLIES WITH THE BYLAWS AND RULES OF THE COMMISSION.
F. A HOME STATE'S LICENSE GRANTS TEMPORARY AUTHORIZATION TO PRACTICE
TO A PSYCHOLOGIST IN A DISTANT STATE ONLY IF THE COMPACT STATE:
1. CURRENTLY REQUIRES THE PSYCHOLOGIST TO HOLD AN ACTIVE IPC;
2. HAS A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING COMPLAINTS
ABOUT LICENSED INDIVIDUALS;
3. NOTIFIES THE COMMISSION, IN COMPLIANCE WITH THE TERMS HEREIN, OF
ANY ADVERSE ACTION OR SIGNIFICANT INVESTIGATORY INFORMATION REGARDING A
LICENSED INDIVIDUAL;
4. REQUIRES AN IDENTITY HISTORY SUMMARY OF ALL APPLICANTS AT INITIAL
LICENSURE, INCLUDING THE USE OF THE RESULTS OF FINGERPRINTS OR OTHER
BIOMETRIC DATA CHECKS COMPLIANT WITH THE REQUIREMENTS OF THE FEDERAL
BUREAU OF INVESTIGATION, OR OTHER DESIGNEE WITH SIMILAR AUTHORITY, NO
LATER THAN TEN YEARS AFTER ACTIVATION OF THIS COMPACT; AND
5. COMPLIES WITH THE BYLAWS AND RULES OF THE COMMISSION.
ARTICLE IV.
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
A. COMPACT STATES SHALL RECOGNIZE THE RIGHT OF A PSYCHOLOGIST,
LICENSED IN A COMPACT STATE IN CONFORMANCE WITH ARTICLE III OF THIS
COMPACT, TO PRACTICE TELEPSYCHOLOGY IN OTHER COMPACT STATES (RECEIVING
S. 6883 6
STATES) IN WHICH THE PSYCHOLOGIST IS NOT LICENSED, UNDER THE AUTHORITY
TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY AS PROVIDED IN THIS
COMPACT.
B. TO EXERCISE THE AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSY-
CHOLOGY UNDER THE TERMS AND PROVISIONS OF THIS COMPACT, A PSYCHOLOGIST
LICENSED TO PRACTICE IN A COMPACT STATE MUST:
1. HOLD A GRADUATE DEGREE IN PSYCHOLOGY FROM AN INSTITUTE OF HIGHER
EDUCATION THAT WAS, AT THE TIME THE DEGREE WAS AWARDED:
A. REGIONALLY ACCREDITED BY AN ACCREDITING BODY RECOGNIZED BY THE U.S.
DEPARTMENT OF EDUCATION TO GRANT GRADUATE DEGREES, OR AUTHORIZED BY
PROVINCIAL STATUTE OR ROYAL CHARTER TO GRANT DOCTORAL DEGREES; OR
B. A FOREIGN COLLEGE OR UNIVERSITY DEEMED TO BE EQUIVALENT TO 1 (A)
ABOVE BY A FOREIGN CREDENTIAL EVALUATION SERVICE THAT IS A MEMBER OF THE
NATIONAL ASSOCIATION OF CREDENTIAL EVALUATION SERVICES (NACES) OR BY A
RECOGNIZED FOREIGN CREDENTIAL EVALUATION SERVICE; AND
2. HOLD A GRADUATE DEGREE IN PSYCHOLOGY THAT MEETS THE FOLLOWING
CRITERIA:
A. THE PROGRAM, WHEREVER IT MAY BE ADMINISTRATIVELY HOUSED, MUST BE
CLEARLY IDENTIFIED AND LABELED AS A PSYCHOLOGY PROGRAM. SUCH A PROGRAM
MUST SPECIFY IN PERTINENT INSTITUTIONAL CATALOGUES AND BROCHURES ITS
INTENT TO EDUCATE AND TRAIN PROFESSIONAL PSYCHOLOGISTS;
B. THE PSYCHOLOGY PROGRAM MUST STAND AS A RECOGNIZABLE, COHERENT,
ORGANIZATIONAL ENTITY WITHIN THE INSTITUTION;
C. THERE MUST BE A CLEAR AUTHORITY AND PRIMARY RESPONSIBILITY FOR THE
CORE AND SPECIALTY AREAS WHETHER OR NOT THE PROGRAM CUTS ACROSS ADMINIS-
TRATIVE LINES;
D. THE PROGRAM MUST CONSIST OF AN INTEGRATED, ORGANIZED SEQUENCE OF
STUDY;
E. THERE MUST BE AN IDENTIFIABLE PSYCHOLOGY FACULTY SUFFICIENT IN SIZE
AND BREADTH TO CARRY OUT ITS RESPONSIBILITIES;
F. THE DESIGNATED DIRECTOR OF THE PROGRAM MUST BE A PSYCHOLOGIST AND A
MEMBER OF THE CORE FACULTY;
G. THE PROGRAM MUST HAVE AN IDENTIFIABLE BODY OF STUDENTS WHO ARE
MATRICULATED IN THAT PROGRAM FOR A DEGREE;
H. THE PROGRAM MUST INCLUDE SUPERVISED PRACTICUM, INTERNSHIP, OR FIELD
TRAINING APPROPRIATE TO THE PRACTICE OF PSYCHOLOGY;
I. THE CURRICULUM SHALL ENCOMPASS A MINIMUM OF THREE ACADEMIC YEARS OF
FULL-TIME GRADUATE STUDY FOR DOCTORAL DEGREE AND A MINIMUM OF ONE
ACADEMIC YEAR OF FULL-TIME GRADUATE STUDY FOR MASTER'S DEGREE;
J. THE PROGRAM INCLUDES AN ACCEPTABLE RESIDENCY AS DEFINED BY THE
RULES OF THE COMMISSION.
3. POSSESS A CURRENT, FULL AND UNRESTRICTED LICENSE TO PRACTICE
PSYCHOLOGY IN A HOME STATE WHICH IS A COMPACT STATE;
4. HAVE NO HISTORY OF ADVERSE ACTION THAT VIOLATE THE RULES OF THE
COMMISSION;
5. HAVE NO CRIMINAL RECORD HISTORY REPORTED ON AN IDENTITY HISTORY
SUMMARY THAT VIOLATES THE RULES OF THE COMMISSION;
6. POSSESS A CURRENT, ACTIVE E.PASSPORT;
7. PROVIDE ATTESTATIONS IN REGARD TO AREAS OF INTENDED PRACTICE,
CONFORMITY WITH STANDARDS OF PRACTICE, COMPETENCE IN TELEPSYCHOLOGY
TECHNOLOGY; CRIMINAL BACKGROUND; AND KNOWLEDGE AND ADHERENCE TO LEGAL
REQUIREMENTS IN THE HOME AND RECEIVING STATES, AND PROVIDE A RELEASE OF
INFORMATION TO ALLOW FOR PRIMARY SOURCE VERIFICATION IN A MANNER SPECI-
FIED BY THE COMMISSION; AND
8. MEET OTHER CRITERIA AS DEFINED BY THE RULES OF THE COMMISSION.
S. 6883 7
C. THE HOME STATE MAINTAINS AUTHORITY OVER THE LICENSE OF ANY PSYCHOL-
OGIST PRACTICING INTO A RECEIVING STATE UNDER THE AUTHORITY TO PRACTICE
INTERJURISDICTIONAL TELEPSYCHOLOGY.
D. A PSYCHOLOGIST PRACTICING INTO A RECEIVING STATE UNDER THE AUTHORI-
TY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY WILL BE SUBJECT TO THE
RECEIVING STATE'S SCOPE OF PRACTICE. A RECEIVING STATE MAY, IN ACCORD-
ANCE WITH THAT STATE'S DUE PROCESS LAW, LIMIT OR REVOKE A PSYCHOLOGIST'S
AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY IN THE RECEIV-
ING STATE AND MAY TAKE ANY OTHER NECESSARY ACTIONS UNDER THE RECEIVING
STATE'S APPLICABLE LAW TO PROTECT THE HEALTH AND SAFETY OF THE RECEIVING
STATE'S CITIZENS. IF A RECEIVING STATE TAKES ACTION, THE STATE SHALL
PROMPTLY NOTIFY THE HOME STATE AND THE COMMISSION.
E. IF A PSYCHOLOGIST'S LICENSE IN ANY HOME STATE, ANOTHER COMPACT
STATE, OR ANY AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY
IN ANY RECEIVING STATE, IS RESTRICTED, SUSPENDED OR OTHERWISE LIMITED,
THE E.PASSPORT SHALL BE REVOKED AND THEREFORE THE PSYCHOLOGIST SHALL NOT
BE ELIGIBLE TO PRACTICE TELEPSYCHOLOGY IN A COMPACT STATE UNDER THE
AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY.
ARTICLE V.
COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
A. COMPACT STATES SHALL ALSO RECOGNIZE THE RIGHT OF A PSYCHOLOGIST,
LICENSED IN A COMPACT STATE IN CONFORMANCE WITH ARTICLE III, TO PRACTICE
TEMPORARILY IN OTHER COMPACT STATES (DISTANT STATES) IN WHICH THE
PSYCHOLOGIST IS NOT LICENSED, AS PROVIDED IN THE COMPACT.
B. TO EXERCISE THE TEMPORARY AUTHORIZATION TO PRACTICE UNDER THE TERMS
AND PROVISIONS OF THIS COMPACT, A PSYCHOLOGIST LICENSED TO PRACTICE IN A
COMPACT STATE MUST:
1. HOLD A GRADUATE DEGREE IN PSYCHOLOGY FROM AN INSTITUTE OF HIGHER
EDUCATION THAT WAS, AT THE TIME THE DEGREE WAS AWARDED:
A. REGIONALLY ACCREDITED BY AN ACCREDITING BODY RECOGNIZED BY THE U.S.
DEPARTMENT OF EDUCATION TO GRANT GRADUATE DEGREES, OR AUTHORIZED BY
PROVINCIAL STATUTE OR ROYAL CHARTER TO GRANT DOCTORAL DEGREES; OR
B. A FOREIGN COLLEGE OR UNIVERSITY DEEMED TO BE EQUIVALENT TO 1 (A)
ABOVE BY A FOREIGN CREDENTIAL EVALUATION SERVICE THAT IS A MEMBER OF THE
NATIONAL ASSOCIATION OF CREDENTIAL EVALUATION SERVICES (NACES) OR BY A
RECOGNIZED FOREIGN CREDENTIAL EVALUATION SERVICE; AND
2. HOLD A GRADUATE DEGREE IN PSYCHOLOGY THAT MEETS THE FOLLOWING
CRITERIA:
A. THE PROGRAM, WHEREVER IT MAY BE ADMINISTRATIVELY HOUSED, MUST BE
CLEARLY IDENTIFIED AND LABELED AS A PSYCHOLOGY PROGRAM. SUCH A PROGRAM
MUST SPECIFY IN PERTINENT INSTITUTIONAL CATALOGUES AND BROCHURES ITS
INTENT TO EDUCATE AND TRAIN PROFESSIONAL PSYCHOLOGISTS;
B. THE PSYCHOLOGY PROGRAM MUST STAND AS A RECOGNIZABLE, COHERENT,
ORGANIZATIONAL ENTITY WITHIN THE INSTITUTION;
C. THERE MUST BE A CLEAR AUTHORITY AND PRIMARY RESPONSIBILITY FOR THE
CORE AND SPECIALTY AREAS WHETHER OR NOT THE PROGRAM CUTS ACROSS ADMINIS-
TRATIVE LINES;
D. THE PROGRAM MUST CONSIST OF AN INTEGRATED, ORGANIZED SEQUENCE OF
STUDY;
E. THERE MUST BE AN IDENTIFIABLE PSYCHOLOGY FACULTY SUFFICIENT IN SIZE
AND BREADTH TO CARRY OUT ITS RESPONSIBILITIES;
F. THE DESIGNATED DIRECTOR OF THE PROGRAM MUST BE A PSYCHOLOGIST AND A
MEMBER OF THE CORE FACULTY;
S. 6883 8
G. THE PROGRAM MUST HAVE AN IDENTIFIABLE BODY OF STUDENTS WHO ARE
MATRICULATED IN THAT PROGRAM FOR A DEGREE;
H. THE PROGRAM MUST INCLUDE SUPERVISED PRACTICUM, INTERNSHIP, OR FIELD
TRAINING APPROPRIATE TO THE PRACTICE OF PSYCHOLOGY;
I. THE CURRICULUM SHALL ENCOMPASS A MINIMUM OF THREE ACADEMIC YEARS OF
FULL-TIME GRADUATE STUDY FOR DOCTORAL DEGREES AND A MINIMUM OF ONE
ACADEMIC YEAR OF FULL-TIME GRADUATE STUDY FOR MASTER'S DEGREE; AND
J. THE PROGRAM INCLUDES AN ACCEPTABLE RESIDENCY AS DEFINED BY THE
RULES OF THE COMMISSION.
3. POSSESS A CURRENT, FULL AND UNRESTRICTED LICENSE TO PRACTICE
PSYCHOLOGY IN A HOME STATE WHICH IS A COMPACT STATE;
4. NO HISTORY OF ADVERSE ACTION THAT VIOLATE THE RULES OF THE COMMIS-
SION;
5. NO CRIMINAL RECORD HISTORY THAT VIOLATES THE RULES OF THE COMMIS-
SION;
6. POSSESS A CURRENT, ACTIVE IPC;
7. PROVIDE ATTESTATIONS IN REGARD TO AREAS OF INTENDED PRACTICE AND
WORK EXPERIENCE AND PROVIDE A RELEASE OF INFORMATION TO ALLOW FOR PRIMA-
RY SOURCE VERIFICATION IN A MANNER SPECIFIED BY THE COMMISSION; AND
8. MEET OTHER CRITERIA AS DEFINED BY THE RULES OF THE COMMISSION.
C. A PSYCHOLOGIST PRACTICING INTO A DISTANT STATE UNDER THE TEMPORARY
AUTHORIZATION TO PRACTICE SHALL PRACTICE WITHIN THE SCOPE OF PRACTICE
AUTHORIZED BY THE DISTANT STATE.
D. A PSYCHOLOGIST PRACTICING INTO A DISTANT STATE UNDER THE TEMPORARY
AUTHORIZATION TO PRACTICE WILL BE SUBJECT TO THE DISTANT STATE'S AUTHOR-
ITY AND LAW. A DISTANT STATE MAY, IN ACCORDANCE WITH THAT STATE'S DUE
PROCESS LAW, LIMIT OR REVOKE A PSYCHOLOGIST'S TEMPORARY AUTHORIZATION TO
PRACTICE IN THE DISTANT STATE AND MAY TAKE ANY OTHER NECESSARY ACTIONS
UNDER THE DISTANT STATE'S APPLICABLE LAW TO PROTECT THE HEALTH AND SAFE-
TY OF THE DISTANT STATE'S CITIZENS. IF A DISTANT STATE TAKES ACTION,
THE STATE SHALL PROMPTLY NOTIFY THE HOME STATE AND THE COMMISSION.
E. IF A PSYCHOLOGIST'S LICENSE IN ANY HOME STATE, ANOTHER COMPACT
STATE, OR ANY TEMPORARY AUTHORIZATION TO PRACTICE IN ANY DISTANT STATE,
IS RESTRICTED, SUSPENDED OR OTHERWISE LIMITED, THE IPC SHALL BE REVOKED
AND THEREFORE THE PSYCHOLOGIST SHALL NOT BE ELIGIBLE TO PRACTICE IN A
COMPACT STATE UNDER THE TEMPORARY AUTHORIZATION TO PRACTICE.
ARTICLE VI.
CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
A. A PSYCHOLOGIST MAY PRACTICE IN A RECEIVING STATE UNDER THE AUTHORI-
TY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY ONLY IN THE PERFORM-
ANCE OF THE SCOPE OF PRACTICE FOR PSYCHOLOGY AS ASSIGNED BY AN APPROPRI-
ATE STATE PSYCHOLOGY REGULATORY AUTHORITY, AS DEFINED IN THE RULES OF
THE COMMISSION, AND UNDER THE FOLLOWING CIRCUMSTANCES:
1. THE PSYCHOLOGIST INITIATES A CLIENT/PATIENT CONTACT IN A HOME STATE
VIA TELECOMMUNICATIONS TECHNOLOGIES WITH A CLIENT/PATIENT IN A RECEIVING
STATE;
2. OTHER CONDITIONS REGARDING TELEPSYCHOLOGY AS DETERMINED BY RULES
PROMULGATED BY THE COMMISSION.
ARTICLE VII.
ADVERSE ACTIONS
A. A HOME STATE SHALL HAVE THE POWER TO IMPOSE ADVERSE ACTION AGAINST
A PSYCHOLOGIST'S LICENSE ISSUED BY THE HOME STATE. A DISTANT STATE SHALL
S. 6883 9
HAVE THE POWER TO TAKE ADVERSE ACTION ON A PSYCHOLOGIST'S TEMPORARY
AUTHORIZATION TO PRACTICE WITHIN THAT DISTANT STATE.
B. A RECEIVING STATE MAY TAKE ADVERSE ACTION ON A PSYCHOLOGIST'S
AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY WITHIN THAT
RECEIVING STATE. A HOME STATE MAY TAKE ADVERSE ACTION AGAINST A PSYCHOL-
OGIST BASED ON AN ADVERSE ACTION TAKEN BY A DISTANT STATE REGARDING
TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE.
C. IF A HOME STATE TAKES ADVERSE ACTION AGAINST A PSYCHOLOGIST'S
LICENSE, THAT PSYCHOLOGIST'S AUTHORITY TO PRACTICE INTERJURISDICTIONAL
TELEPSYCHOLOGY IS TERMINATED AND THE E.PASSPORT IS REVOKED. FURTHER-
MORE, THAT PSYCHOLOGIST'S TEMPORARY AUTHORIZATION TO PRACTICE IS TERMI-
NATED AND THE IPC IS REVOKED.
1. ALL HOME STATE DISCIPLINARY ORDERS WHICH IMPOSE ADVERSE ACTION
SHALL BE REPORTED TO THE COMMISSION IN ACCORDANCE WITH THE RULES PROMUL-
GATED BY THE COMMISSION. A COMPACT STATE SHALL REPORT ADVERSE ACTIONS IN
ACCORDANCE WITH THE RULES OF THE COMMISSION.
2. IN THE EVENT DISCIPLINE IS REPORTED ON A PSYCHOLOGIST, THE PSYCHOL-
OGIST WILL NOT BE ELIGIBLE FOR TELEPSYCHOLOGY OR TEMPORARY IN-PERSON,
FACE-TO-FACE PRACTICE IN ACCORDANCE WITH THE RULES OF THE COMMISSION.
3. OTHER ACTIONS MAY BE IMPOSED AS DETERMINED BY THE RULES PROMULGATED
BY THE COMMISSION.
D. A HOME STATE'S PSYCHOLOGY REGULATORY AUTHORITY SHALL INVESTIGATE
AND TAKE APPROPRIATE ACTION WITH RESPECT TO REPORTED INAPPROPRIATE
CONDUCT ENGAGED IN BY A LICENSEE WHICH OCCURRED IN A RECEIVING STATE AS
IT WOULD IF SUCH CONDUCT HAD OCCURRED BY A LICENSEE WITHIN THE HOME
STATE. IN SUCH CASES, THE HOME STATE'S LAW SHALL CONTROL IN DETERMINING
ANY ADVERSE ACTION AGAINST A PSYCHOLOGIST'S LICENSE.
E. A DISTANT STATE'S PSYCHOLOGY REGULATORY AUTHORITY SHALL INVESTIGATE
AND TAKE APPROPRIATE ACTION WITH RESPECT TO REPORTED INAPPROPRIATE
CONDUCT ENGAGED IN BY A PSYCHOLOGIST PRACTICING UNDER TEMPORARY AUTHORI-
ZATION PRACTICE WHICH OCCURRED IN THAT DISTANT STATE AS IT WOULD IF SUCH
CONDUCT HAD OCCURRED BY A LICENSEE WITHIN THE HOME STATE. IN SUCH CASES,
DISTANT STATE'S LAW SHALL CONTROL IN DETERMINING ANY ADVERSE ACTION
AGAINST A PSYCHOLOGIST'S TEMPORARY AUTHORIZATION TO PRACTICE.
F. NOTHING IN THIS COMPACT SHALL OVERRIDE A COMPACT STATE'S DECISION
THAT A PSYCHOLOGIST'S PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE
USED IN LIEU OF ADVERSE ACTION AND THAT SUCH PARTICIPATION SHALL REMAIN
NON-PUBLIC IF REQUIRED BY THE COMPACT STATE'S LAW. COMPACT STATES MUST
REQUIRE PSYCHOLOGISTS WHO ENTER ANY ALTERNATIVE PROGRAMS TO NOT PROVIDE
TELEPSYCHOLOGY SERVICES UNDER THE AUTHORITY TO PRACTICE INTERJURISDIC-
TIONAL TELEPSYCHOLOGY OR PROVIDE TEMPORARY PSYCHOLOGICAL SERVICES UNDER
THE TEMPORARY AUTHORIZATION TO PRACTICE IN ANY OTHER COMPACT STATE
DURING THE TERM OF THE ALTERNATIVE PROGRAM.
G. NO OTHER JUDICIAL OR ADMINISTRATIVE REMEDIES SHALL BE AVAILABLE TO
A PSYCHOLOGIST IN THE EVENT A COMPACT STATE IMPOSES AN ADVERSE ACTION
PURSUANT TO SUBSECTION C, ABOVE.
ARTICLE VIII.
ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY
REGULATORY AUTHORITY
A. IN ADDITION TO ANY OTHER POWERS GRANTED UNDER STATE LAW, A COMPACT
STATE'S PSYCHOLOGY REGULATORY AUTHORITY SHALL HAVE THE AUTHORITY UNDER
THIS COMPACT TO:
1. ISSUE SUBPOENAS, FOR BOTH HEARINGS AND INVESTIGATIONS, WHICH
REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF
S. 6883 10
EVIDENCE. SUBPOENAS ISSUED BY A COMPACT STATE'S PSYCHOLOGY REGULATORY
AUTHORITY FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND/OR THE
PRODUCTION OF EVIDENCE FROM ANOTHER COMPACT STATE SHALL BE ENFORCED IN
THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO
THAT COURT'S PRACTICE AND PROCEDURE IN CONSIDERING SUBPOENAS ISSUED IN
ITS OWN PROCEEDINGS. THE ISSUING STATE PSYCHOLOGY REGULATORY AUTHORITY
SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES, MILEAGE AND OTHER FEES
REQUIRED BY THE SERVICE STATUTES OF THE STATE WHERE THE WITNESSES AND/OR
EVIDENCE ARE LOCATED; AND
2. ISSUE CEASE AND DESIST AND/OR INJUNCTIVE RELIEF ORDERS TO REVOKE A
PSYCHOLOGIST'S AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY
AND/OR TEMPORARY AUTHORIZATION TO PRACTICE.
3. DURING THE COURSE OF ANY INVESTIGATION, A PSYCHOLOGIST MAY NOT
CHANGE HIS/HER HOME STATE LICENSURE. A HOME STATE PSYCHOLOGY REGULATORY
AUTHORITY IS AUTHORIZED TO COMPLETE ANY PENDING INVESTIGATIONS OF A
PSYCHOLOGIST AND TO TAKE ANY ACTIONS APPROPRIATE UNDER ITS LAW. THE HOME
STATE PSYCHOLOGY REGULATORY AUTHORITY SHALL PROMPTLY REPORT THE CONCLU-
SIONS OF SUCH INVESTIGATIONS TO THE COMMISSION. ONCE AN INVESTIGATION
HAS BEEN COMPLETED, AND PENDING THE OUTCOME OF SAID INVESTIGATION, THE
PSYCHOLOGIST MAY CHANGE HIS/HER HOME STATE LICENSURE. THE COMMISSION
SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH DECISIONS AS
PROVIDED IN THE RULES OF THE COMMISSION. ALL INFORMATION PROVIDED TO THE
COMMISSION OR DISTRIBUTED BY COMPACT STATES PURSUANT TO THE PSYCHOLOGIST
SHALL BE CONFIDENTIAL, FILED UNDER SEAL AND USED FOR INVESTIGATORY OR
DISCIPLINARY MATTERS. THE COMMISSION MAY CREATE ADDITIONAL RULES FOR
MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY COMPACT STATES.
ARTICLE IX.
COORDINATED LICENSURE INFORMATION SYSTEM
A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT AND MAINTENANCE OF
A COORDINATED LICENSURE INFORMATION SYSTEM (COORDINATED DATABASE) AND
REPORTING SYSTEM CONTAINING LICENSURE AND DISCIPLINARY ACTION INFORMA-
TION ON ALL PSYCHOLOGISTS INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE
IN ALL COMPACT STATES AS DEFINED BY THE RULES OF THE COMMISSION.
B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
COMPACT STATE SHALL SUBMIT A UNIFORM DATA SET TO THE COORDINATED DATA-
BASE ON ALL LICENSEES AS REQUIRED BY THE RULES OF THE COMMISSION,
INCLUDING:
1. IDENTIFYING INFORMATION;
2. LICENSURE DATA;
3. SIGNIFICANT INVESTIGATORY INFORMATION;
4. ADVERSE ACTIONS AGAINST A PSYCHOLOGIST'S LICENSE;
5. AN INDICATOR THAT A PSYCHOLOGIST'S AUTHORITY TO PRACTICE INTERJU-
RISDICTIONAL TELEPSYCHOLOGY AND/OR TEMPORARY AUTHORIZATION TO PRACTICE
IS REVOKED;
6. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
IPATION INFORMATION;
7. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASONS FOR SUCH
DENIAL; AND
8. OTHER INFORMATION WHICH MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
C. THE COORDINATED DATABASE ADMINISTRATOR SHALL PROMPTLY NOTIFY ALL
COMPACT STATES OF ANY ADVERSE ACTION TAKEN AGAINST, OR SIGNIFICANT
INVESTIGATIVE INFORMATION ON, ANY LICENSEE IN A COMPACT STATE.
S. 6883 11
D. COMPACT STATES REPORTING INFORMATION TO THE COORDINATED DATABASE
MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT
THE EXPRESS PERMISSION OF THE COMPACT STATE REPORTING THE INFORMATION.
E. ANY INFORMATION SUBMITTED TO THE COORDINATED DATABASE THAT IS
SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAW OF THE COMPACT STATE
REPORTING THE INFORMATION SHALL BE REMOVED FROM THE COORDINATED DATA-
BASE.
ARTICLE X.
ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
COMMISSION
A. THE COMPACT STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC AGEN-
CY KNOWN AS THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION.
1. THE COMMISSION IS A BODY POLITIC AND AN INSTRUMENTALITY OF THE
COMPACT STATES.
2. VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF COMPETENT
JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
PROCEEDINGS.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
EIGN IMMUNITY.
B. MEMBERSHIP, VOTING, AND MEETINGS.
1. THE COMMISSION SHALL CONSIST OF ONE VOTING REPRESENTATIVE APPOINTED
BY EACH COMPACT STATE WHO SHALL SERVE AS THAT STATE'S COMMISSIONER. THE
STATE PSYCHOLOGY REGULATORY AUTHORITY SHALL APPOINT ITS DELEGATE. THIS
DELEGATE SHALL BE EMPOWERED TO ACT ON BEHALF OF THE COMPACT STATE. THIS
DELEGATE SHALL BE LIMITED TO:
A. EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY OR SIMILAR EXECUTIVE;
B. CURRENT MEMBER OF THE STATE PSYCHOLOGY REGULATORY AUTHORITY OF A
COMPACT STATE; OR
C. DESIGNEE EMPOWERED WITH THE APPROPRIATE DELEGATE AUTHORITY TO ACT
ON BEHALF OF THE COMPACT STATE.
2. ANY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
PROVIDED BY THE LAW OF THE STATE FROM WHICH THE COMMISSIONER IS
APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN
ACCORDANCE WITH THE LAWS OF THE COMPACT STATE IN WHICH THE VACANCY
EXISTS.
3. EACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO
THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE
HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE
COMMISSION. A COMMISSIONER SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS
AS PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR COMMISSIONERS'
PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
4. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
5. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN ARTICLE XI.
6. THE COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING IF THE
COMMISSION MUST DISCUSS:
A. NON-COMPLIANCE OF A COMPACT STATE WITH ITS OBLIGATIONS UNDER THE
COMPACT;
S. 6883 12
B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION AGAINST
THE COMMISSION;
D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
E. ACCUSATION AGAINST ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY
PERSON;
F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
WHICH IS PRIVILEGED OR CONFIDENTIAL;
G. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
H. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
I. DISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATORY REPORTS
PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION OR OTHER
COMMITTEE CHARGED WITH RESPONSIBILITY FOR INVESTIGATION OR DETERMINATION
OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
J. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL AND STATE
STATUTE.
7. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES WHICH FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, OF ANY PERSON PARTICIPATING IN THE
MEETING, AND THE REASONS THEREFORE, INCLUDING A DESCRIPTION OF THE VIEWS
EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION WITH AN ACTION SHALL
BE IDENTIFIED IN SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED
MEETING SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE ONLY BY A MAJORITY
VOTE OF THE COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE COMMISSIONERS,
PRESCRIBE BYLAWS AND/OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY
OR APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THE
COMPACT, INCLUDING BUT NOT LIMITED TO:
1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
2. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
A. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
B. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS
AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY INTER-
ESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS OF SUCH PROCEEDINGS, AND
PROPRIETARY INFORMATION, INCLUDING TRADE SECRETS. THE COMMISSION MAY
MEET IN CLOSED SESSION ONLY AFTER A MAJORITY OF THE COMMISSIONERS VOTE
TO CLOSE A MEETING TO THE PUBLIC IN WHOLE OR IN PART. AS SOON AS PRACTI-
CABLE, THE COMMISSION MUST MAKE PUBLIC A COPY OF THE VOTE TO CLOSE THE
MEETING REVEALING THE VOTE OF EACH COMMISSIONER WITH NO PROXY VOTES
ALLOWED;
4. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE PROCE-
DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
S. 6883 13
5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND-
ING ANY CIVIL SERVICE OR OTHER SIMILAR LAW OF ANY COMPACT STATE, THE
BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF
THE COMMISSION;
6. PROMULGATING A CODE OF ETHICS TO ADDRESS PERMISSIBLE AND PROHIBITED
ACTIVITIES OF COMMISSION MEMBERS AND EMPLOYEES;
7. PROVIDING A MECHANISM FOR CONCLUDING THE OPERATIONS OF THE COMMIS-
SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
AFTER THE TERMINATION OF THE COMPACT AFTER THE PAYMENT AND/OR RESERVING
OF ALL OF ITS DEBTS AND OBLIGATIONS;
8. THE COMMISSION SHALL PUBLISH ITS BYLAWS IN A CONVENIENT FORM AND
FILE A COPY THEREOF AND A COPY OF ANY AMENDMENT THERETO, WITH THE APPRO-
PRIATE AGENCY OR OFFICER IN EACH OF THE COMPACT STATES;
9. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS; AND
10. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
D. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
1. THE AUTHORITY TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDI-
NATE IMPLEMENTATION AND ADMINISTRATION OF THIS COMPACT. THE RULE SHALL
HAVE THE FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL COMPACT
STATES;
2. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY STATE PSYCHOLOGY REGU-
LATORY AUTHORITY OR OTHER REGULATORY BODY RESPONSIBLE FOR PSYCHOLOGY
LICENSURE TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A COMPACT STATE;
5. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THE COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSONNEL
POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS
OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
6. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS OF MONEY,
EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND
DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTER-
EST;
7. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL OR
MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL STRIVE TO AVOID
ANY APPEARANCE OF IMPROPRIETY;
8. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL OR MIXED;
9. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
10. TO BORROW MONEY;
11. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
MEMBERS, STATE REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS AS MAY
BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
12. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH,
LAW ENFORCEMENT AGENCIES;
13. TO ADOPT AND USE AN OFFICIAL SEAL; AND
S. 6883 14
14. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF PSYCHOLOGY LICENSURE, TEMPORARY IN-PERSON, FACE-TO-FACE PRAC-
TICE AND TELEPSYCHOLOGY PRACTICE.
E. THE EXECUTIVE BOARD.
THE ELECTED OFFICERS SHALL SERVE AS THE EXECUTIVE BOARD, WHICH SHALL
HAVE THE POWER TO ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS
OF THIS COMPACT.
1. THE EXECUTIVE BOARD SHALL BE COMPRISED OF SIX MEMBERS:
A. FIVE VOTING MEMBERS WHO ARE ELECTED FROM THE CURRENT MEMBERSHIP OF
THE COMMISSION BY THE COMMISSION;
B. ONE EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED MEMBERSHIP
ORGANIZATION COMPOSED OF STATE AND PROVINCIAL PSYCHOLOGY REGULATORY
AUTHORITIES.
2. THE EX-OFFICIO MEMBER MUST HAVE SERVED AS STAFF OR MEMBER ON A
STATE PSYCHOLOGY REGULATORY AUTHORITY AND WILL BE SELECTED BY ITS
RESPECTIVE ORGANIZATION.
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE BOARD AS
PROVIDED IN BYLAWS.
4. THE EXECUTIVE BOARD SHALL MEET AT LEAST ANNUALLY.
5. THE EXECUTIVE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSI-
BILITIES:
A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR BYLAWS,
CHANGES TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT STATES SUCH AS
ANNUAL DUES, AND ANY OTHER APPLICABLE FEES;
B. ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED,
CONTRACTUAL OR OTHERWISE;
C. PREPARE AND RECOMMEND THE BUDGET;
D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
E. MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE COMPLIANCE
REPORTS TO THE COMMISSION;
F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
G. OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
F. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF THE REASON-
ABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING ACTIVITIES.
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND
SERVICES.
3. THE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
EACH COMPACT STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE COST OF
THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS STAFF WHICH MUST
BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS ANNUAL BUDGET AS APPROVED
EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES. THE AGGRE-
GATE ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED UPON A FORMULA TO
BE DETERMINED BY THE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING
UPON ALL COMPACT STATES.
4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE COMPACT STATES, EXCEPT BY AND WITH THE
AUTHORITY OF THE COMPACT STATE.
5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL
BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
S. 6883 15
ACCOUNTANT AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
G. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
TATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY,
EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL-
ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM
SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED
BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER, EXECUTIVE DIREC-
TOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT,
ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
MENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM
RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE ACTUAL
OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THAT PERSON'S
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER, OFFI-
CER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION
FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID
NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT
PERSON.
ARTICLE XI.
RULEMAKING
A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
CRITERIA SET FORTH IN THIS ARTICLE AND THE RULES ADOPTED THEREUNDER.
RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
EACH RULE OR AMENDMENT.
B. IF A MAJORITY OF THE LEGISLATURES OF THE COMPACT STATES REJECTS A
RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
ADOPT THE COMPACT, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT
IN ANY COMPACT STATE.
C. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
D. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE
COMMISSION, AND AT LEAST SIXTY (60) DAYS IN ADVANCE OF THE MEETING AT
WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL
FILE A NOTICE OF PROPOSED RULEMAKING:
1. ON THE WEBSITE OF THE COMMISSION; AND
S. 6883 16
2. ON THE WEBSITE OF EACH COMPACT STATES' PSYCHOLOGY REGULATORY
AUTHORITY OR THE PUBLICATION IN WHICH EACH STATE WOULD OTHERWISE PUBLISH
PROPOSED RULES.
E. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
1. THE PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON FOR THE
PROPOSED RULE;
3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
F. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
G. THE COMMISSION SHALL GRANT AN OPPORTUNITY FOR A PUBLIC HEARING
BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
1. AT LEAST TWENTY-FIVE (25) PERSONS WHO SUBMIT COMMENTS INDEPENDENTLY
OF EACH OTHER;
2. A GOVERNMENTAL SUBDIVISION OR AGENCY; OR
3. A DULY APPOINTED PERSON IN AN ASSOCIATION THAT HAS HAVING AT LEAST
TWENTY-FIVE (25) MEMBERS.
H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
SION SHALL PUBLISH THE PLACE, TIME, AND DATE OF THE SCHEDULED PUBLIC
HEARING.
1. ALL PERSONS WISHING TO BE HEARD AT THE HEARING SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING.
3. NO TRANSCRIPT OF THE HEARING IS REQUIRED, UNLESS A WRITTEN REQUEST
FOR A TRANSCRIPT IS MADE, IN WHICH CASE THE PERSON REQUESTING THE TRAN-
SCRIPT SHALL BEAR THE COST OF PRODUCING THE TRANSCRIPT. A RECORDING MAY
BE MADE IN LIEU OF A TRANSCRIPT UNDER THE SAME TERMS AND CONDITIONS AS A
TRANSCRIPT. THIS SUBSECTION SHALL NOT PRECLUDE THE COMMISSION FROM
MAKING A TRANSCRIPT OR RECORDING OF THE HEARING IF IT SO CHOOSES.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
I. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
J. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF
THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
THE RULE.
K. IF NO WRITTEN NOTICE OF INTENT TO ATTEND THE PUBLIC HEARING BY
INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH PROMUL-
GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
L. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE COMMISSION MAY
CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
PROVIDED IN THE COMPACT AND IN THIS SECTION SHALL BE RETROACTIVELY
S. 6883 17
APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE
PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE
ADOPTED IMMEDIATELY IN ORDER TO:
1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
2. PREVENT A LOSS OF COMMISSION OR COMPACT STATE FUNDS;
3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
4. PROTECT PUBLIC HEALTH AND SAFETY.
M. THE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES
OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE
POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION
RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
WRITING, AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO THE END
OF THE NOTICE PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE
EFFECT WITHOUT FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE
REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. OVERSIGHT.
1. THE EXECUTIVE, LEGISLATIVE AND JUDICIAL BRANCHES OF STATE GOVERN-
MENT IN EACH COMPACT STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL
ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES
AND INTENT. THE PROVISIONS OF THIS COMPACT AND THE RULES PROMULGATED
HEREUNDER SHALL HAVE STANDING AS STATUTORY LAW.
2. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A COMPACT STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES OR ACTIONS OF THE COMMISSION.
3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO
THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
SION, THIS COMPACT OR PROMULGATED RULES.
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A COMPACT STATE HAS DEFAULTED IN
THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
A. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER COMPACT
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF REMEDYING THE
DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
ING THE DEFAULT.
2. IF A STATE IN DEFAULT FAILS TO REMEDY THE DEFAULT, THE DEFAULTING
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
MAJORITY OF THE COMPACT STATES, AND ALL RIGHTS, PRIVILEGES AND BENEFITS
CONFERRED BY THIS COMPACT SHALL BE TERMINATED ON THE EFFECTIVE DATE OF
TERMINATION. A REMEDY OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING
STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
S. 6883 18
3. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE SUBMITTED BY THE COMMISSION
TO THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF THE DEFAULTING
STATE'S LEGISLATURE, AND EACH OF THE COMPACT STATES.
4. A COMPACT STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL
ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE
DATE OF TERMINATION, INCLUDING OBLIGATIONS WHICH EXTEND BEYOND THE
EFFECTIVE DATE OF TERMINATION.
5. THE COMMISSION SHALL NOT BEAR ANY COSTS INCURRED BY THE STATE WHICH
IS FOUND TO BE IN DEFAULT OR WHICH HAS BEEN TERMINATED FROM THE COMPACT,
UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
STATE.
6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE STATE OF GEORGIA OR THE
FEDERAL DISTRICT WHERE THE COMPACT HAS ITS PRINCIPAL OFFICES. THE
PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEY'S FEES.
C. DISPUTE RESOLUTION.
1. UPON REQUEST BY A COMPACT STATE, THE COMMISSION SHALL ATTEMPT TO
RESOLVE DISPUTES RELATED TO THE COMPACT WHICH ARISE AMONG COMPACT STATES
AND BETWEEN COMPACT AND NON-COMPACT STATES.
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES THAT ARISE BEFORE THE
COMMISSION.
D. ENFORCEMENT.
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
UNITED STATES DISTRICT COURT FOR THE STATE OF GEORGIA OR THE FEDERAL
DISTRICT WHERE THE COMPACT HAS ITS PRINCIPAL OFFICES AGAINST A COMPACT
STATE IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING MEMBER SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
ARTICLE XIII.
DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
COMPACT
COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE. THE PROVISIONS WHICH
BECOME EFFECTIVE AT THAT TIME SHALL BE LIMITED TO THE POWERS GRANTED TO
THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF RULES. THER-
EAFTER, THE COMMISSION SHALL MEET AND EXERCISE RULEMAKING POWERS NECES-
SARY TO THE IMPLEMENTATION AND ADMINISTRATION OF THE COMPACT.
B. ANY STATE WHICH JOINS THE COMPACT SUBSEQUENT TO THE COMMISSION'S
INITIAL ADOPTION OF THE RULES SHALL BE SUBJECT TO THE RULES AS THEY
EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY
RULE WHICH HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE
S. 6883 19
FULL FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT
STATE.
C. ANY COMPACT STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A
STATUTE REPEALING THE SAME.
1. A COMPACT STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6)
MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
DRAWING STATE'S PSYCHOLOGY REGULATORY AUTHORITY TO COMPLY WITH THE
INVESTIGATIVE AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS ACT
PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
D. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY PSYCHOLOGY LICENSURE AGREEMENT OR OTHER COOPERATIVE
ARRANGEMENT BETWEEN A COMPACT STATE AND A NON-COMPACT STATE WHICH DOES
NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
E. THIS COMPACT MAY BE AMENDED BY THE COMPACT STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY COMPACT STATE
UNTIL IT IS ENACTED INTO THE LAW OF ALL COMPACT STATES.
ARTICLE XIV.
CONSTRUCTION AND SEVERABILITY
THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. IF THIS COMPACT SHALL BE HELD CONTRARY TO THE CONSTI-
TUTION OF ANY STATE MEMBER THERETO, THE COMPACT SHALL REMAIN IN FULL
FORCE AND EFFECT AS TO THE REMAINING COMPACT STATES.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART B
Section 1. The public health law is amended by adding a new section
3035 to read as follows:
§ 3035. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE
INTERSTATE COMPACT. THE RECOGNITION OF EMERGENCY MEDICAL SERVICES
PERSONNEL LICENSURE INTERSTATE COMPACT IS HEREBY ENACTED INTO LAW AND
ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM
SUBSTANTIALLY AS FOLLOWS:
RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE
INTERSTATE COMPACT
SECTION 1.
PURPOSE
THE PURPOSE OF THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF
PHYSICAL THERAPY WITH THE GOAL OF IMPROVING PUBLIC ACCESS TO PHYSICAL
THERAPY SERVICES. THE PRACTICE OF PHYSICAL THERAPY OCCURS IN THE STATE
WHERE THE PATIENT/CLIENT IS LOCATED AT THE TIME OF THE PATIENT/CLIENT
ENCOUNTER. THE COMPACT PRESERVES THE REGULATORY AUTHORITY OF STATES TO
PROTECT PUBLIC HEALTH AND SAFETY THROUGH THE CURRENT SYSTEM OF STATE
LICENSURE.
THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES:
1. INCREASE PUBLIC ACCESS TO PHYSICAL THERAPY SERVICES BY PROVIDING
FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES;
S. 6883 20
2. ENHANCE THE STATES' ABILITY TO PROTECT THE PUBLIC'S HEALTH AND
SAFETY;
3. ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING MULTI-
STATE PHYSICAL THERAPY PRACTICE;
4. SUPPORT SPOUSES OF RELOCATING MILITARY MEMBERS;
5. ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE, AND DISCIPLINARY
INFORMATION BETWEEN MEMBER STATES; AND
6. ALLOW A REMOTE STATE TO HOLD A PROVIDER OF SERVICES WITH A COMPACT
PRIVILEGE IN THAT STATE ACCOUNTABLE TO THAT STATE'S PRACTICE STANDARDS.
SECTION 2.
DEFINITIONS
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
ING DEFINITIONS SHALL APPLY:
1. "ACTIVE DUTY MILITARY" MEANS FULL-TIME DUTY STATUS IN THE ACTIVE
UNIFORMED SERVICE OF THE UNITED STATES, INCLUDING MEMBERS OF THE
NATIONAL GUARD AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO 10 U.S.C.
SECTION 1209 AND 1211.
2. "ADVERSE ACTION" MEANS DISCIPLINARY ACTION TAKEN BY A PHYSICAL
THERAPY LICENSING BOARD BASED UPON MISCONDUCT, UNACCEPTABLE PERFORMANCE,
OR A COMBINATION OF BOTH.
3. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR PRAC-
TICE REMEDIATION PROCESS APPROVED BY A PHYSICAL THERAPY LICENSING BOARD.
THIS INCLUDES, BUT IS NOT LIMITED TO, SUBSTANCE ABUSE ISSUES.
4. "COMPACT PRIVILEGE" MEANS THE AUTHORIZATION GRANTED BY A REMOTE
STATE TO ALLOW A LICENSEE FROM ANOTHER MEMBER STATE TO PRACTICE AS A
PHYSICAL THERAPIST OR WORK AS A PHYSICAL THERAPIST ASSISTANT IN THE
REMOTE STATE UNDER ITS LAWS AND RULES. THE PRACTICE OF PHYSICAL THERAPY
OCCURS IN THE MEMBER STATE WHERE THE PATIENT/CLIENT IS LOCATED AT THE
TIME OF THE PATIENT/CLIENT ENCOUNTER.
5. "CONTINUING COMPETENCE" MEANS A REQUIREMENT, AS A CONDITION OF
LICENSE RENEWAL, TO PROVIDE EVIDENCE OF PARTICIPATION IN, AND/OR
COMPLETION OF, EDUCATIONAL AND PROFESSIONAL ACTIVITIES RELEVANT TO PRAC-
TICE OR AREA OF WORK.
6. "DATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,
INCLUDING EXAMINATION, LICENSURE, INVESTIGATIVE, COMPACT PRIVILEGE, AND
ADVERSE ACTION.
7. "ENCUMBERED LICENSE" MEANS A LICENSE THAT A PHYSICAL THERAPY
LICENSING BOARD HAS LIMITED IN ANY WAY.
8. "EXECUTIVE BOARD" MEANS A GROUP OF DIRECTORS ELECTED OR APPOINTED
TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY, THE
COMMISSION.
9. "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY
STATE OF RESIDENCE.
10. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, AND DOCU-
MENTS RECEIVED OR GENERATED BY A PHYSICAL THERAPY LICENSING BOARD PURSU-
ANT TO AN INVESTIGATION.
11. "JURISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN INDIVID-
UAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE PRACTICE OF PHYSICAL
THERAPY IN A STATE.
12. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN AUTHORI-
ZATION FROM THE STATE TO PRACTICE AS A PHYSICAL THERAPIST OR TO WORK AS
A PHYSICAL THERAPIST ASSISTANT.
13. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
S. 6883 21
14. "PARTY STATE" MEANS ANY MEMBER STATE IN WHICH A LICENSEE HOLDS A
CURRENT LICENSE OR COMPACT PRIVILEGE OR IS APPLYING FOR A LICENSE OR
COMPACT PRIVILEGE.
15. "PHYSICAL THERAPIST" MEANS AN INDIVIDUAL WHO IS LICENSED BY A
STATE TO PRACTICE PHYSICAL THERAPY.
16. "PHYSICAL THERAPIST ASSISTANT" MEANS AN INDIVIDUAL WHO IS
LICENSED/CERTIFIED BY A STATE AND WHO ASSISTS THE PHYSICAL THERAPIST IN
SELECTED COMPONENTS OF PHYSICAL THERAPY.
17. "PHYSICAL THERAPY," "PHYSICAL THERAPY PRACTICE," AND "THE PRACTICE
OF PHYSICAL THERAPY" MEAN THE CARE AND SERVICES PROVIDED BY OR UNDER THE
DIRECTION AND SUPERVISION OF A LICENSED PHYSICAL THERAPIST.
18. "PHYSICAL THERAPY COMPACT COMMISSION" OR "COMMISSION" MEANS THE
NATIONAL ADMINISTRATIVE BODY WHOSE MEMBERSHIP CONSISTS OF ALL STATES
THAT HAVE ENACTED THE COMPACT.
19. "PHYSICAL THERAPY LICENSING BOARD" OR "LICENSING BOARD" MEANS THE
AGENCY OF A STATE THAT IS RESPONSIBLE FOR THE LICENSING AND REGULATION
OF PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS.
20. "REMOTE STATE" MEANS A MEMBER STATE OTHER THAN THE HOME STATE,
WHERE A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE COMPACT PRIVI-
LEGE.
21. "RULE" MEANS A REGULATION, PRINCIPLE, OR DIRECTIVE PROMULGATED BY
THE COMMISSION THAT HAS THE FORCE OF LAW.
22. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
THE UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE OF PHYSICAL
THERAPY.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. TO PARTICIPATE IN THE COMPACT, A STATE MUST:
1. PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING USING
THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES;
2. HAVE A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING
COMPLAINTS ABOUT LICENSEES;
3. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF THE COMPACT
AND RULES, OF ANY ADVERSE ACTION OR THE AVAILABILITY OF INVESTIGATIVE
INFORMATION REGARDING A LICENSEE;
4. FULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK REQUIREMENT, WITHIN A
TIME FRAME ESTABLISHED BY RULE, BY RECEIVING THE RESULTS OF THE FEDERAL
BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS AND
USE THE RESULTS IN MAKING LICENSURE DECISIONS IN ACCORDANCE WITH SECTION
3.B.;
5. COMPLY WITH THE RULES OF THE COMMISSION;
6. UTILIZE A RECOGNIZED NATIONAL EXAMINATION AS A REQUIREMENT FOR
LICENSURE PURSUANT TO THE RULES OF THE COMMISSION; AND
7. HAVE CONTINUING COMPETENCE REQUIREMENTS AS A CONDITION FOR LICENSE
RENEWAL.
B. UPON ADOPTION OF THIS STATUTE, THE MEMBER STATE SHALL HAVE THE
AUTHORITY TO OBTAIN BIOMETRIC-BASED INFORMATION FROM EACH PHYSICAL THER-
APY LICENSURE APPLICANT AND SUBMIT THIS INFORMATION TO THE FEDERAL
BUREAU OF INVESTIGATION FOR A CRIMINAL BACKGROUND CHECK IN ACCORDANCE
WITH 28 U.S.C. § 534 AND 42 U.S.C. § 14616.
C. A MEMBER STATE SHALL GRANT THE COMPACT PRIVILEGE TO A LICENSEE
HOLDING A VALID UNENCUMBERED LICENSE IN ANOTHER MEMBER STATE IN ACCORD-
ANCE WITH THE TERMS OF THE COMPACT AND RULES.
D. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A COMPACT PRIVILEGE.
S. 6883 22
SECTION 4.
COMPACT PRIVILEGE
A. TO EXERCISE THE COMPACT PRIVILEGE UNDER THE TERMS AND PROVISIONS OF
THE COMPACT, THE LICENSEE SHALL:
1. HOLD A LICENSE IN THE HOME STATE;
2. HAVE NO ENCUMBRANCE ON ANY STATE LICENSE;
3. BE ELIGIBLE FOR A COMPACT PRIVILEGE IN ANY MEMBER STATE IN ACCORD-
ANCE WITH SECTION 4D, G AND H;
4. HAVE NOT HAD ANY ADVERSE ACTION AGAINST ANY LICENSE OR COMPACT
PRIVILEGE WITHIN THE PREVIOUS 2 YEARS;
5. NOTIFY THE COMMISSION THAT THE LICENSEE IS SEEKING THE COMPACT
PRIVILEGE WITHIN A REMOTE STATE(S);
6. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR THE COMPACT
PRIVILEGE;
7. MEET ANY JURISPRUDENCE REQUIREMENTS ESTABLISHED BY THE REMOTE
STATE(S) IN WHICH THE LICENSEE IS SEEKING A COMPACT PRIVILEGE; AND
8. REPORT TO THE COMMISSION ADVERSE ACTION TAKEN BY ANY NON-MEMBER
STATE WITHIN 30 DAYS FROM THE DATE THE ADVERSE ACTION IS TAKEN.
B. THE COMPACT PRIVILEGE IS VALID UNTIL THE EXPIRATION DATE OF THE
HOME LICENSE. THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF SECTION
4.A. TO MAINTAIN THE COMPACT PRIVILEGE IN THE REMOTE STATE.
C. A LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE UNDER THE
COMPACT PRIVILEGE SHALL FUNCTION WITHIN THE LAWS AND REGULATIONS OF THE
REMOTE STATE.
D. A LICENSEE PROVIDING PHYSICAL THERAPY IN A REMOTE STATE IS SUBJECT
TO THAT STATE'S REGULATORY AUTHORITY. A REMOTE STATE MAY, IN ACCORDANCE
WITH DUE PROCESS AND THAT STATE'S LAWS, REMOVE A LICENSEE'S COMPACT
PRIVILEGE IN THE REMOTE STATE FOR A SPECIFIC PERIOD OF TIME, IMPOSE
FINES, AND/OR TAKE ANY OTHER NECESSARY ACTIONS TO PROTECT THE HEALTH AND
SAFETY OF ITS CITIZENS. THE LICENSEE IS NOT ELIGIBLE FOR A COMPACT
PRIVILEGE IN ANY STATE UNTIL THE SPECIFIC TIME FOR REMOVAL HAS PASSED
AND ALL FINES ARE PAID.
E. IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE THE
COMPACT PRIVILEGE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
2. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
F. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS RESTORED TO GOOD
STANDING, THE LICENSEE MUST MEET THE REQUIREMENTS OF SECTION 4A TO
OBTAIN A COMPACT PRIVILEGE IN ANY REMOTE STATE.
G. IF A LICENSEE'S COMPACT PRIVILEGE IN ANY REMOTE STATE IS REMOVED,
THE INDIVIDUAL SHALL LOSE THE COMPACT PRIVILEGE IN ANY REMOTE STATE
UNTIL THE FOLLOWING OCCUR:
1. THE SPECIFIC PERIOD OF TIME FOR WHICH THE COMPACT PRIVILEGE WAS
REMOVED HAS ENDED;
2. ALL FINES HAVE BEEN PAID; AND
3. TWO YEARS HAVE ELAPSED FROM THE DATE OF THE ADVERSE ACTION.
H. ONCE THE REQUIREMENTS OF SECTION 4G HAVE BEEN MET, THE LICENSE MUST
MEET THE REQUIREMENTS IN SECTION 4A TO OBTAIN A COMPACT PRIVILEGE IN A
REMOTE STATE.
SECTION 5.
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
S. 6883 23
A LICENSEE WHO IS ACTIVE DUTY MILITARY OR IS THE SPOUSE OF AN INDIVID-
UAL WHO IS ACTIVE DUTY MILITARY MAY DESIGNATE ONE OF THE FOLLOWING AS
THE HOME STATE:
A. HOME OF RECORD;
B. PERMANENT CHANGE OF STATION (PCS); OR
C. STATE OF CURRENT RESIDENCE IF IT IS DIFFERENT THAN THE PCS STATE OR
HOME OF RECORD.
SECTION 6.
ADVERSE ACTIONS
A. A HOME STATE SHALL HAVE EXCLUSIVE POWER TO IMPOSE ADVERSE ACTION
AGAINST A LICENSE ISSUED BY THE HOME STATE.
B. A HOME STATE MAY TAKE ADVERSE ACTION BASED ON THE INVESTIGATIVE
INFORMATION OF A REMOTE STATE, SO LONG AS THE HOME STATE FOLLOWS ITS OWN
PROCEDURES FOR IMPOSING ADVERSE ACTION.
C. NOTHING IN THIS COMPACT SHALL OVERRIDE A MEMBER STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION AND THAT SUCH PARTICIPATION SHALL REMAIN NON-PUBLIC IF
REQUIRED BY THE MEMBER STATE'S LAWS. MEMBER STATES MUST REQUIRE LICEN-
SEES WHO ENTER ANY ALTERNATIVE PROGRAMS IN LIEU OF DISCIPLINE TO AGREE
NOT TO PRACTICE IN ANY OTHER MEMBER STATE DURING THE TERM OF THE ALTER-
NATIVE PROGRAM WITHOUT PRIOR AUTHORIZATION FROM SUCH OTHER MEMBER STATE.
D. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR ALLEGED VIOLATIONS OF
THE STATUTES AND RULES AUTHORIZING THE PRACTICE OF PHYSICAL THERAPY IN
ANY OTHER MEMBER STATE IN WHICH A PHYSICAL THERAPIST OR PHYSICAL THERA-
PIST ASSISTANT HOLDS A LICENSE OR COMPACT PRIVILEGE.
E. A REMOTE STATE SHALL HAVE THE AUTHORITY TO:
1. TAKE ADVERSE ACTIONS AS SET FORTH IN SECTION 4.D. AGAINST A
LICENSEE'S COMPACT PRIVILEGE IN THE STATE;
2. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND THE PRODUCTION OF
EVIDENCE. SUBPOENAS ISSUED BY A PHYSICAL THERAPY LICENSING BOARD IN A
PARTY STATE FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND/OR THE
PRODUCTION OF EVIDENCE FROM ANOTHER PARTY STATE, SHALL BE ENFORCED IN
THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO
THE PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED
IN PROCEEDINGS PENDING BEFORE IT. THE ISSUING AUTHORITY SHALL PAY ANY
WITNESS FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY THE
SERVICE STATUTES OF THE STATE WHERE THE WITNESSES AND/OR EVIDENCE ARE
LOCATED; AND
3. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE LICENSEE THE
COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY
ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
F. JOINT INVESTIGATIONS.
1. IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER STATE BY ITS
RESPECTIVE PHYSICAL THERAPY PRACTICE ACT OR OTHER APPLICABLE STATE LAW,
A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT INVES-
TIGATIONS OF LICENSEES.
2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
INITIATED UNDER THE COMPACT.
SECTION 7.
ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
S. 6883 24
A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A JOINT
PUBLIC AGENCY KNOWN AS THE PHYSICAL THERAPY COMPACT COMMISSION:
1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
2. VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF COMPETENT
JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
PROCEEDINGS.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
EIGN IMMUNITY.
B. MEMBERSHIP, VOTING, AND MEETINGS.
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
2. THE DELEGATE SHALL BE A CURRENT MEMBER OF THE LICENSING BOARD, WHO
IS A PHYSICAL THERAPIST, PHYSICAL THERAPIST ASSISTANT, PUBLIC MEMBER, OR
THE BOARD ADMINISTRATOR.
3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
4. THE MEMBER STATE BOARD SHALL FILL ANY VACANCY OCCURRING IN THE
COMMISSION.
5. EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE
PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
SION.
6. A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED
IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR DELEGATES' PARTICIPATION IN
MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
2. ESTABLISH BYLAWS;
3. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
4. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
THIS COMPACT AND THE BYLAWS;
5. PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMENTA-
TION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE FORCE
AND EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES;
6. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
COMMISSION, PROVIDED THAT THE STANDING OF ANY STATE PHYSICAL THERAPY
LICENSING BOARD TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE
AFFECTED;
7. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
8. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
9. HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE
DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE
PURPOSES OF THE COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSONNEL
POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS
OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
10. ACCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS OF MONEY,
EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND
DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
S. 6883 25
11. LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL OR
MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
ANCE OF IMPROPRIETY;
12. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
13. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
14. BORROW MONEY;
15. APPOINT COMMITTEES, INCLUDING STANDING COMMITTEES COMPOSED OF
MEMBERS, STATE REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS AS MAY
BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
16. PROVIDE AND RECEIVE INFORMATION FROM, AND COOPERATE WITH, LAW
ENFORCEMENT AGENCIES;
17. ESTABLISH AND ELECT AN EXECUTIVE BOARD; AND
18. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF PHYSICAL THERAPY LICENSURE AND PRACTICE.
D. THE EXECUTIVE BOARD.
THE EXECUTIVE BOARD SHALL HAVE THE POWER TO ACT ON BEHALF OF THE
COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
1. THE EXECUTIVE BOARD SHALL BE COMPOSED OF NINE MEMBERS:
A. SEVEN VOTING MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE
CURRENT MEMBERSHIP OF THE COMMISSION;
B. ONE EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED NATIONAL PHYS-
ICAL THERAPY PROFESSIONAL ASSOCIATION; AND
C. ONE EX-OFFICIO, NONVOTING MEMBER FROM THE RECOGNIZED MEMBERSHIP
ORGANIZATION OF THE PHYSICAL THERAPY LICENSING BOARDS.
2. THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
IZATIONS.
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE BOARD AS
PROVIDED IN BYLAWS.
4. THE EXECUTIVE BOARD SHALL MEET AT LEAST ANNUALLY.
5. THE EXECUTIVE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSI-
BILITIES:
A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR BYLAWS,
CHANGES TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER STATES
SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
FOR THE COMPACT PRIVILEGE;
B. ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED,
CONTRACTUAL OR OTHERWISE;
C. PREPARE AND RECOMMEND THE BUDGET;
D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
E. MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE COMPLIANCE
REPORTS TO THE COMMISSION;
F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
G. OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
E. MEETINGS OF THE COMMISSION.
1. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN SECTION 9.
2. THE COMMISSION OR THE EXECUTIVE BOARD OR OTHER COMMITTEES OF THE
COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING IF THE COMMISSION
OR EXECUTIVE BOARD OR OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:
A. NON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS UNDER THE
COMPACT;
S. 6883 26
B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER MATTERS, PRAC-
TICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS
RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
SERVICES, OR REAL ESTATE;
E. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
G. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
H. DISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
I. DISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE REPORTS
PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION OR OTHER
COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR DETERMINATION
OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
J. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR MEMBER
STATE STATUTE.
3. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION.
4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE
ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFORE, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
F. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE
REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION, AND ONGOING
ACTIVITIES.
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
DONATIONS, AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND
SERVICES.
3. THE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE COST OF
THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH
MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS ANNUAL BUDGET AS
APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES.
THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED UPON A
FORMULA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A
RULE BINDING UPON ALL MEMBER STATES.
4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY AND WITH THE
AUTHORITY OF THE MEMBER STATE.
5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL
BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
S. 6883 27
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
G. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
TATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY,
EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL-
ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM
SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER, EXECUTIVE DIREC-
TOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM
RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE ACTUAL
OR ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM THAT PERSON'S
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER, OFFI-
CER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
THAT PERSON.
SECTION 8.
DATA SYSTEM
A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE, AND
UTILIZATION OF A COORDINATED DATABASE AND REPORTING SYSTEM CONTAINING
LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMATION ON ALL LICENSED
INDIVIDUALS IN MEMBER STATES.
B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE RULES
OF THE COMMISSION, INCLUDING:
1. IDENTIFYING INFORMATION;
2. LICENSURE DATA;
3. ADVERSE ACTIONS AGAINST A LICENSE OR COMPACT PRIVILEGE;
4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
IPATION;
5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
DENIAL; AND
6. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
S. 6883 28
C. INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE IN ANY MEMBER
STATE WILL ONLY BE AVAILABLE TO OTHER PARTY STATES.
D. THE COMMISSION SHALL PROMPTLY NOTIFY ALL MEMBER STATES OF ANY
ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR A
LICENSE. ADVERSE ACTION INFORMATION PERTAINING TO A LICENSEE IN ANY
MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
E. MEMBER STATES CONTRIBUTING INFORMATION TO THE DATA SYSTEM MAY
DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
F. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
SECTION 9.
RULEMAKING
A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
CRITERIA SET FORTH IN THIS SECTION AND THE RULES ADOPTED THEREUNDER.
RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
EACH RULE OR AMENDMENT.
B. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES REJECTS A
RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
ADOPT THE COMPACT WITHIN 4 YEARS OF THE DATE OF ADOPTION OF THE RULE,
THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY MEMBER
STATE.
C. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
D. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE
COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT
WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL
FILE A NOTICE OF PROPOSED RULEMAKING:
1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
FORM; AND
2. ON THE WEBSITE OF EACH MEMBER STATE PHYSICAL THERAPY LICENSING
BOARD OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN WHICH
EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
E. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
1. THE PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON FOR THE
PROPOSED RULE;
3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
F. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS, AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
G. THE COMMISSION SHALL GRANT AN OPPORTUNITY FOR A PUBLIC HEARING
BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
1. AT LEAST TWENTY-FIVE (25) PERSONS;
2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
H. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
SION SHALL PUBLISH THE PLACE, TIME, AND DATE OF THE SCHEDULED PUBLIC
S. 6883 29
HEARING. IF THE HEARING IS HELD VIA ELECTRONIC MEANS, THE COMMISSION
SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
1. ALL PERSONS WISHING TO BE HEARD AT THE HEARING SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING.
3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
AVAILABLE ON REQUEST.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
I. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
J. IF NO WRITTEN NOTICE OF INTENT TO ATTEND THE PUBLIC HEARING BY
INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH PROMUL-
GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
K. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF
THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
THE RULE.
L. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE COMMISSION MAY
CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
PROVIDED IN THE COMPACT AND IN THIS SECTION SHALL BE RETROACTIVELY
APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE
PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE
ADOPTED IMMEDIATELY IN ORDER TO:
1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
4. PROTECT PUBLIC HEALTH AND SAFETY.
M. THE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES
OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE
POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION
RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
WRITING, AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO THE END
OF THE NOTICE PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE
EFFECT WITHOUT FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE
REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
SECTION 10.
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. OVERSIGHT.
1. THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERN-
MENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL
S. 6883 30
ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES
AND INTENT. THE PROVISIONS OF THIS COMPACT AND THE RULES PROMULGATED
HEREUNDER SHALL HAVE STANDING AS STATUTORY LAW.
2. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES OR ACTIONS OF THE COMMISSION.
3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO
THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
SION, THIS COMPACT, OR PROMULGATED RULES.
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS DEFAULTED IN
THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
A. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
ING THE DEFAULT.
2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES AND BENEFITS
CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF
TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING STATE
OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
3. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF THE DEFAULTING
STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
4. A STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESS-
MENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE
DATE OF TERMINATION.
5. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED FROM THE COMPACT,
UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
STATE.
6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEY'S FEES.
C. DISPUTE RESOLUTION.
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL ATTEMPT TO
RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG MEMBER STATES
AND BETWEEN MEMBER AND NON-MEMBER STATES.
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
D. ENFORCEMENT.
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
S. 6883 31
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
STATE IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING MEMBER SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
SECTION 11.
DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL
THERAPY
PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER STATE. THE PROVISIONS,
WHICH BECOME EFFECTIVE AT THAT TIME, SHALL BE LIMITED TO THE POWERS
GRANTED TO THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF
RULES. THEREAFTER, THE COMMISSION SHALL MEET AND EXERCISE RULEMAKING
POWERS NECESSARY TO THE IMPLEMENTATION AND ADMINISTRATION OF THE
COMPACT.
B. ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE COMMISSION'S
INITIAL ADOPTION OF THE RULES SHALL BE SUBJECT TO THE RULES AS THEY
EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY
RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE
FULL FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT
STATE.
C. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
UTE REPEALING THE SAME.
1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6)
MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
DRAWING STATE'S PHYSICAL THERAPY LICENSING BOARD TO COMPLY WITH THE
INVESTIGATIVE AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS ACT
PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
D. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY PHYSICAL THERAPY LICENSURE AGREEMENT OR OTHER COOPERATIVE
ARRANGEMENT BETWEEN A MEMBER STATE AND A NON-MEMBER STATE THAT DOES NOT
CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
E. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
SECTION 12.
CONSTRUCTION AND SEVERABILITY
THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND
IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS
COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON
OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE
HELD CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE, THE COMPACT SHALL
S. 6883 32
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND IN
FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED AS TO ALL SEVERABLE
MATTERS.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART C
Section 1. The education law is amended by adding a new section 8413
to read as follows:
§ 8413. INTERSTATE COUNSELING COMPACT. THE INTERSTATE COUNSELING
COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL JURISDIC-
TIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
INTERSTATE COUNSELING COMPACT
SECTION 1.
PURPOSE
THE PURPOSE OF THIS COMPACT IS TO FACILITATE INTERSTATE PRACTICE OF
LICENSED PROFESSIONAL COUNSELORS WITH THE GOAL OF IMPROVING PUBLIC
ACCESS TO PROFESSIONAL COUNSELING SERVICES. THE PRACTICE OF PROFESSIONAL
COUNSELING OCCURS IN THE STATE WHERE THE CLIENT IS LOCATED AT THE TIME
OF THE COUNSELING SERVICES. THE COMPACT PRESERVES THE REGULATORY AUTHOR-
ITY OF STATES TO PROTECT PUBLIC HEALTH AND SAFETY THROUGH THE CURRENT
SYSTEM OF STATE LICENSURE.
THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES:
A. INCREASE PUBLIC ACCESS TO PROFESSIONAL COUNSELING SERVICES BY
PROVIDING FOR THE MUTUAL RECOGNITION OF OTHER MEMBER STATE LICENSES;
B. ENHANCE THE STATES' ABILITY TO PROTECT THE PUBLIC'S HEALTH AND
SAFETY;
C. ENCOURAGE THE COOPERATION OF MEMBER STATES IN REGULATING MULTISTATE
PRACTICE FOR LICENSED PROFESSIONAL COUNSELORS;
D. SUPPORT SPOUSES OF RELOCATING ACTIVE DUTY MILITARY PERSONNEL;
E. ENHANCE THE EXCHANGE OF LICENSURE, INVESTIGATIVE, AND DISCIPLINARY
INFORMATION AMONG MEMBER STATES;
F. ALLOW FOR THE USE OF TELEHEALTH TECHNOLOGY TO FACILITATE INCREASED
ACCESS TO PROFESSIONAL COUNSELING SERVICES;
G. SUPPORT THE UNIFORMITY OF PROFESSIONAL COUNSELING LICENSURE
REQUIREMENTS THROUGHOUT THE STATES TO PROMOTE PUBLIC SAFETY AND PUBLIC
HEALTH BENEFITS;
H. INVEST ALL MEMBER STATES WITH THE AUTHORITY TO HOLD A LICENSED
PROFESSIONAL COUNSELOR ACCOUNTABLE FOR MEETING ALL STATE PRACTICE LAWS
IN THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME CARE IS RENDERED
THROUGH THE MUTUAL RECOGNITION OF MEMBER STATE LICENSES;
I. ELIMINATE THE NECESSITY FOR LICENSES IN MULTIPLE STATES; AND
J. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY LICENSED PROFES-
SIONAL COUNSELORS WHO MEET UNIFORM LICENSURE REQUIREMENTS.
SECTION 2.
DEFINITIONS
AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
ING DEFINITIONS SHALL APPLY:
S. 6883 33
A. "ACTIVE DUTY MILITARY" MEANS FULL-TIME DUTY STATUS IN THE ACTIVE
UNIFORMED SERVICE OF THE UNITED STATES, INCLUDING MEMBERS OF THE
NATIONAL GUARD AND RESERVE ON ACTIVE DUTY ORDERS PURSUANT TO 10 U.S.C.
CHAPTERS 1209 AND 1211.
B. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A
LICENSING BOARD OR OTHER AUTHORITY AGAINST A LICENSED PROFESSIONAL COUN-
SELOR, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR PRIVILEGE TO
PRACTICE SUCH AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE
LICENSEE, LIMITATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUM-
BRANCE ON LICENSURE AFFECTING A LICENSED PROFESSIONAL COUNSELOR'S
AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A CEASE AND DESIST
ACTION.
C. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR PRAC-
TICE REMEDIATION PROCESS APPROVED BY A PROFESSIONAL COUNSELING LICENSING
BOARD TO ADDRESS IMPAIRED PRACTITIONERS.
D. "CONTINUING COMPETENCE/EDUCATION" MEANS A REQUIREMENT, AS A CONDI-
TION OF LICENSE RENEWAL, TO PROVIDE EVIDENCE OF PARTICIPATION IN, AND/OR
COMPLETION OF, EDUCATIONAL AND PROFESSIONAL ACTIVITIES RELEVANT TO PRAC-
TICE OR AREA OF WORK.
E. "COUNSELING COMPACT COMMISSION" OR "COMMISSION" MEANS THE NATIONAL
ADMINISTRATIVE BODY WHOSE MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE
ENACTED THE COMPACT.
F. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE
LICENSED PROFESSIONAL COUNSELOR TO RESPOND, IF REQUIRED BY STATE LAW,
HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDI-
CATE MORE THAN A MINOR INFRACTION; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE LICENSED PROFES-
SIONAL COUNSELOR REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND
SAFETY REGARDLESS OF WHETHER THE LICENSED PROFESSIONAL COUNSELOR HAS
BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
G. "DATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,
INCLUDING, BUT NOT LIMITED TO, CONTINUING EDUCATION, EXAMINATION, LICEN-
SURE, INVESTIGATIVE, PRIVILEGE TO PRACTICE AND ADVERSE ACTION INFORMA-
TION.
H. "ENCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE ACTION
RESTRICTS THE PRACTICE OF LICENSED PROFESSIONAL COUNSELING BY THE LICEN-
SEE AND SAID ADVERSE ACTION HAS BEEN REPORTED TO THE NATIONAL PRACTI-
TIONERS DATA BANK (NPDB).
I. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF LICENSED PROFESSIONAL
COUNSELING BY A LICENSING BOARD.
J. "EXECUTIVE COMMITTEE" MEANS A GROUP OF DIRECTORS ELECTED OR
APPOINTED TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY,
THE COMMISSION.
K. "HOME STATE" MEANS THE MEMBER STATE THAT IS THE LICENSEE'S PRIMARY
STATE OF RESIDENCE.
L. "IMPAIRED PRACTITIONER" MEANS AN INDIVIDUAL WHO HAS A CONDITION(S)
THAT MAY IMPAIR THEIR ABILITY TO PRACTICE AS A LICENSED PROFESSIONAL
COUNSELOR WITHOUT SOME TYPE OF INTERVENTION AND MAY INCLUDE, BUT ARE NOT
LIMITED TO, ALCOHOL AND DRUG DEPENDENCE, MENTAL HEALTH IMPAIRMENT, AND
NEUROLOGICAL OR PHYSICAL IMPAIRMENTS.
S. 6883 34
M. "INVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, AND DOCU-
MENTS RECEIVED OR GENERATED BY A PROFESSIONAL COUNSELING LICENSING BOARD
PURSUANT TO AN INVESTIGATION.
N. "JURISPRUDENCE REQUIREMENT" IF REQUIRED BY A MEMBER STATE, MEANS
THE ASSESSMENT OF AN INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES
GOVERNING THE PRACTICE OF PROFESSIONAL COUNSELING IN A STATE.
O. "LICENSED PROFESSIONAL COUNSELOR" MEANS A COUNSELOR LICENSED BY A
MEMBER STATE, REGARDLESS OF THE TITLE USED BY THAT STATE, TO INDEPEND-
ENTLY ASSESS, DIAGNOSE, AND TREAT BEHAVIORAL HEALTH CONDITIONS.
P. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS AN AUTHORIZATION
FROM THE STATE TO PRACTICE AS A LICENSED PROFESSIONAL COUNSELOR.
Q. "LICENSING BOARD" MEANS THE AGENCY OF A STATE, OR EQUIVALENT, THAT
IS RESPONSIBLE FOR THE LICENSING AND REGULATION OF LICENSED PROFESSIONAL
COUNSELORS.
R. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
S. "PRIVILEGE TO PRACTICE" MEANS A LEGAL AUTHORIZATION, WHICH IS
EQUIVALENT TO A LICENSE, PERMITTING THE PRACTICE OF PROFESSIONAL COUN-
SELING IN A REMOTE STATE.
T. "PROFESSIONAL COUNSELING" MEANS THE ASSESSMENT, DIAGNOSIS, AND
TREATMENT OF BEHAVIORAL HEALTH CONDITIONS BY A LICENSED PROFESSIONAL
COUNSELOR.
U. "REMOTE STATE" MEANS A MEMBER STATE OTHER THAN THE HOME STATE,
WHERE A LICENSEE IS EXERCISING OR SEEKING TO EXERCISE THE PRIVILEGE TO
PRACTICE.
V. "RULE" MEANS A REGULATION PROMULGATED BY THE COMMISSION THAT HAS
THE FORCE OF LAW.
W. "SINGLE STATE LICENSE" MEANS A LICENSED PROFESSIONAL COUNSELOR
LICENSE ISSUED BY A MEMBER STATE THAT AUTHORIZES PRACTICE ONLY WITHIN
THE ISSUING STATE AND DOES NOT INCLUDE A PRIVILEGE TO PRACTICE IN ANY
OTHER MEMBER STATE.
X. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
THE UNITED STATES OF AMERICA THAT REGULATES THE PRACTICE OF PROFESSIONAL
COUNSELING.
Y. "TELEHEALTH" MEANS THE APPLICATION OF TELECOMMUNICATION TECHNOLOGY
TO DELIVER PROFESSIONAL COUNSELING SERVICES REMOTELY TO ASSESS, DIAG-
NOSE, AND TREAT BEHAVIORAL HEALTH CONDITIONS.
Z. "UNENCUMBERED LICENSE" MEANS A LICENSE THAT AUTHORIZES A LICENSED
PROFESSIONAL COUNSELOR TO ENGAGE IN THE FULL AND UNRESTRICTED PRACTICE
OF PROFESSIONAL COUNSELING.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. TO PARTICIPATE IN THE COMPACT, A STATE MUST CURRENTLY:
1. LICENSE AND REGULATE LICENSED PROFESSIONAL COUNSELORS;
2. REQUIRE LICENSEES TO PASS A NATIONALLY RECOGNIZED EXAM APPROVED BY
THE COMMISSION;
3. REQUIRE LICENSEES TO HAVE A 60 SEMESTER-HOUR (OR 90 QUARTER-HOUR)
MASTER'S DEGREE IN COUNSELING OR 60 SEMESTER-HOURS (OR 90 QUARTER-HOURS)
OF GRADUATE COURSE WORK INCLUDING THE FOLLOWING TOPIC AREAS:
A. PROFESSIONAL COUNSELING ORIENTATION AND ETHICAL PRACTICE;
B. SOCIAL AND CULTURAL DIVERSITY;
C. HUMAN GROWTH AND DEVELOPMENT;
D. CAREER DEVELOPMENT;
E. COUNSELING AND HELPING RELATIONSHIPS;
F. GROUP COUNSELING AND GROUP WORK;
S. 6883 35
G. DIAGNOSIS AND TREATMENT; ASSESSMENT AND TESTING;
H. RESEARCH AND PROGRAM EVALUATION; AND
I. OTHER AREAS AS DETERMINED BY THE COMMISSION.
4. REQUIRE LICENSEES TO COMPLETE A SUPERVISED POSTGRADUATE PROFES-
SIONAL EXPERIENCE AS DEFINED BY THE COMMISSION;
5. HAVE A MECHANISM IN PLACE FOR RECEIVING AND INVESTIGATING
COMPLAINTS ABOUT LICENSEES.
B. A MEMBER STATE SHALL:
1. PARTICIPATE FULLY IN THE COMMISSION'S DATA SYSTEM, INCLUDING USING
THE COMMISSION'S UNIQUE IDENTIFIER AS DEFINED IN RULES;
2. NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF THE COMPACT
AND RULES, OF ANY ADVERSE ACTION OR THE AVAILABILITY OF INVESTIGATIVE
INFORMATION REGARDING A LICENSEE;
3. IMPLEMENT OR UTILIZE PROCEDURES FOR CONSIDERING THE CRIMINAL HISTO-
RY RECORDS OF APPLICANTS FOR AN INITIAL PRIVILEGE TO PRACTICE. THESE
PROCEDURES SHALL INCLUDE THE SUBMISSION OF FINGERPRINTS OR OTHER BIOME-
TRIC-BASED INFORMATION BY APPLICANTS FOR THE PURPOSE OF OBTAINING AN
APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU
OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE'S
CRIMINAL RECORDS;
A. A MEMBER STATE MUST FULLY IMPLEMENT A CRIMINAL BACKGROUND CHECK
REQUIREMENT, WITHIN A TIME FRAME ESTABLISHED BY RULE, BY RECEIVING THE
RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION RECORD SEARCH AND SHALL
USE THE RESULTS IN MAKING LICENSURE DECISIONS.
B. COMMUNICATION BETWEEN A MEMBER STATE, THE COMMISSION AND AMONG
MEMBER STATES REGARDING THE VERIFICATION OF ELIGIBILITY FOR LICENSURE
THROUGH THE COMPACT SHALL NOT INCLUDE ANY INFORMATION RECEIVED FROM THE
FEDERAL BUREAU OF INVESTIGATION RELATING TO A FEDERAL CRIMINAL RECORDS
CHECK PERFORMED BY A MEMBER STATE UNDER PUBLIC LAW 92-544.
4. COMPLY WITH THE RULES OF THE COMMISSION;
5. REQUIRE AN APPLICANT TO OBTAIN OR RETAIN A LICENSE IN THE HOME
STATE AND MEET THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL
OF LICENSURE, AS WELL AS ALL OTHER APPLICABLE STATE LAWS;
6. GRANT THE PRIVILEGE TO PRACTICE TO A LICENSEE HOLDING A VALID UNEN-
CUMBERED LICENSE IN ANOTHER MEMBER STATE IN ACCORDANCE WITH THE TERMS OF
THE COMPACT AND RULES; AND
7. PROVIDE FOR THE ATTENDANCE OF THE STATE'S COMMISSIONER TO THE COUN-
SELING COMPACT COMMISSION MEETINGS.
C. MEMBER STATES MAY CHARGE A FEE FOR GRANTING THE PRIVILEGE TO PRAC-
TICE.
D. INDIVIDUALS NOT RESIDING IN A MEMBER STATE SHALL CONTINUE TO BE
ABLE TO APPLY FOR A MEMBER STATE'S SINGLE STATE LICENSE AS PROVIDED
UNDER THE LAWS OF EACH MEMBER STATE. HOWEVER, THE SINGLE STATE LICENSE
GRANTED TO THESE INDIVIDUALS SHALL NOT BE RECOGNIZED AS GRANTING A PRIV-
ILEGE TO PRACTICE PROFESSIONAL COUNSELING IN ANY OTHER MEMBER STATE.
E. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED
BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
F. A LICENSE ISSUED TO A LICENSED PROFESSIONAL COUNSELOR BY A HOME
STATE TO A RESIDENT IN THAT STATE SHALL BE RECOGNIZED BY EACH MEMBER
STATE AS AUTHORIZING A LICENSED PROFESSIONAL COUNSELOR TO PRACTICE
PROFESSIONAL COUNSELING, UNDER A PRIVILEGE TO PRACTICE, IN EACH MEMBER
STATE.
SECTION 4.
PRIVILEGE TO PRACTICE
S. 6883 36
A. TO EXERCISE THE PRIVILEGE TO PRACTICE UNDER THE TERMS AND
PROVISIONS OF THE COMPACT, THE LICENSEE SHALL:
1. HOLD A LICENSE IN THE HOME STATE;
2. HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER OR NATIONAL PRAC-
TITIONER IDENTIFIER;
3. BE ELIGIBLE FOR A PRIVILEGE TO PRACTICE IN ANY MEMBER STATE IN
ACCORDANCE WITH SECTION 4(D), (G) AND (H);
4. HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE OR
PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS;
5. NOTIFY THE COMMISSION THAT THE LICENSEE IS SEEKING THE PRIVILEGE TO
PRACTICE WITHIN A REMOTE STATE(S);
6. PAY ANY APPLICABLE FEES, INCLUDING ANY STATE FEE, FOR THE PRIVILEGE
TO PRACTICE;
7. MEET ANY CONTINUING COMPETENCE/EDUCATION REQUIREMENTS ESTABLISHED
BY THE HOME STATE;
8. MEET ANY JURISPRUDENCE REQUIREMENTS ESTABLISHED BY THE REMOTE
STATE(S) IN WHICH THE LICENSEE IS SEEKING A PRIVILEGE TO PRACTICE; AND
9. REPORT TO THE COMMISSION ANY ADVERSE ACTION, ENCUMBRANCE, OR
RESTRICTION ON LICENSE TAKEN BY ANY NON-MEMBER STATE WITHIN 30 DAYS FROM
THE DATE THE ACTION IS TAKEN.
B. THE PRIVILEGE TO PRACTICE IS VALID UNTIL THE EXPIRATION DATE OF THE
HOME STATE LICENSE. THE LICENSEE MUST COMPLY WITH THE REQUIREMENTS OF
SECTION 4(A) TO MAINTAIN THE PRIVILEGE TO PRACTICE IN THE REMOTE STATE.
C. A LICENSEE PROVIDING PROFESSIONAL COUNSELING IN A REMOTE STATE
UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGULATIONS
OF THE REMOTE STATE.
D. A LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN A REMOTE
STATE IS SUBJECT TO THAT STATE'S REGULATORY AUTHORITY. A REMOTE STATE
MAY, IN ACCORDANCE WITH DUE PROCESS AND THAT STATE'S LAWS, REMOVE A
LICENSEE'S PRIVILEGE TO PRACTICE IN THE REMOTE STATE FOR A SPECIFIC
PERIOD OF TIME, IMPOSE FINES, AND/OR TAKE ANY OTHER NECESSARY ACTIONS TO
PROTECT THE HEALTH AND SAFETY OF ITS CITIZENS. THE LICENSEE MAY BE INEL-
IGIBLE FOR A PRIVILEGE TO PRACTICE IN ANY MEMBER STATE UNTIL THE SPECIF-
IC TIME FOR REMOVAL HAS PASSED AND ALL FINES ARE PAID.
E. IF A HOME STATE LICENSE IS ENCUMBERED, THE LICENSEE SHALL LOSE THE
PRIVILEGE TO PRACTICE IN ANY REMOTE STATE UNTIL THE FOLLOWING OCCUR:
1. THE HOME STATE LICENSE IS NO LONGER ENCUMBERED; AND
2. HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE OR
PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS.
F. ONCE AN ENCUMBERED LICENSE IN THE HOME STATE IS RESTORED TO GOOD
STANDING, THE LICENSEE MUST MEET THE REQUIREMENTS OF SECTION 4(A) TO
OBTAIN A PRIVILEGE TO PRACTICE IN ANY REMOTE STATE.
G. IF A LICENSEE'S PRIVILEGE TO PRACTICE IN ANY REMOTE STATE IS
REMOVED, THE INDIVIDUAL MAY LOSE THE PRIVILEGE TO PRACTICE IN ALL OTHER
REMOTE STATES UNTIL THE FOLLOWING OCCUR:
1. THE SPECIFIC PERIOD OF TIME FOR WHICH THE PRIVILEGE TO PRACTICE WAS
REMOVED HAS ENDED;
2. ALL FINES HAVE BEEN PAID; AND
3. HAVE NOT HAD ANY ENCUMBRANCE OR RESTRICTION AGAINST ANY LICENSE OR
PRIVILEGE TO PRACTICE WITHIN THE PREVIOUS TWO (2) YEARS.
H. ONCE THE REQUIREMENTS OF SECTION 4(G) HAVE BEEN MET, THE LICENSEE
MUST MEET THE REQUIREMENTS IN SECTION 4(A) TO OBTAIN A PRIVILEGE TO
PRACTICE IN A REMOTE STATE.
S. 6883 37
SECTION 5.
OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO
PRACTICE
A. A LICENSED PROFESSIONAL COUNSELOR MAY HOLD A HOME STATE LICENSE,
WHICH ALLOWS FOR A PRIVILEGE TO PRACTICE IN OTHER MEMBER STATES, IN ONLY
ONE MEMBER STATE AT A TIME.
B. IF A LICENSED PROFESSIONAL COUNSELOR CHANGES PRIMARY STATE OF RESI-
DENCE BY MOVING BETWEEN TWO MEMBER STATES:
1. THE LICENSED PROFESSIONAL COUNSELOR SHALL FILE AN APPLICATION FOR
OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE, PAY
ALL APPLICABLE FEES, AND NOTIFY THE CURRENT AND NEW HOME STATE IN
ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
2. UPON RECEIPT OF AN APPLICATION FOR OBTAINING A NEW HOME STATE
LICENSE BY VIRTUE OF A PRIVILEGE TO PRACTICE, THE NEW HOME STATE SHALL
VERIFY THAT THE LICENSED PROFESSIONAL COUNSELOR MEETS THE PERTINENT
CRITERIA OUTLINED IN SECTION 4 VIA THE DATA SYSTEM, WITHOUT NEED FOR
PRIMARY SOURCE VERIFICATION EXCEPT FOR:
A. A FEDERAL BUREAU OF INVESTIGATION FINGERPRINT BASED CRIMINAL BACK-
GROUND CHECK IF NOT PREVIOUSLY PERFORMED OR UPDATED PURSUANT TO APPLICA-
BLE RULES ADOPTED BY THE COMMISSION IN ACCORDANCE WITH PUBLIC LAW
92-544;
B. OTHER CRIMINAL BACKGROUND CHECK AS REQUIRED BY THE NEW HOME STATE;
AND
C. COMPLETION OF ANY REQUISITE JURISPRUDENCE REQUIREMENTS OF THE NEW
HOME STATE.
3. THE FORMER HOME STATE SHALL CONVERT THE FORMER HOME STATE LICENSE
INTO A PRIVILEGE TO PRACTICE ONCE THE NEW HOME STATE HAS ACTIVATED THE
NEW HOME STATE LICENSE IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY
THE COMMISSION.
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT, IF THE
LICENSED PROFESSIONAL COUNSELOR CANNOT MEET THE CRITERIA IN SECTION 4,
THE NEW HOME STATE MAY APPLY ITS REQUIREMENTS FOR ISSUING A NEW SINGLE
STATE LICENSE.
5. THE LICENSED PROFESSIONAL COUNSELOR SHALL PAY ALL APPLICABLE FEES
TO THE NEW HOME STATE IN ORDER TO BE ISSUED A NEW HOME STATE LICENSE.
C. IF A LICENSED PROFESSIONAL COUNSELOR CHANGES PRIMARY STATE OF RESI-
DENCE BY MOVING FROM A MEMBER STATE TO A NON-MEMBER STATE, OR FROM A
NON-MEMBER STATE TO A MEMBER STATE, THE STATE CRITERIA SHALL APPLY FOR
ISSUANCE OF A SINGLE STATE LICENSE IN THE NEW STATE.
D. NOTHING IN THIS COMPACT SHALL INTERFERE WITH A LICENSEE'S ABILITY
TO HOLD A SINGLE STATE LICENSE IN MULTIPLE STATES, HOWEVER FOR THE
PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE ONLY ONE HOME STATE
LICENSE.
E. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED
BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE STATE LICENSE.
SECTION 6.
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
ACTIVE DUTY MILITARY PERSONNEL, OR THEIR SPOUSE, SHALL DESIGNATE A
HOME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE IN GOOD STANDING.
THE INDIVIDUAL MAY RETAIN THE HOME STATE DESIGNATION DURING THE PERIOD
THE SERVICE MEMBER IS ON ACTIVE DUTY. SUBSEQUENT TO DESIGNATING A HOME
STATE, THE INDIVIDUAL SHALL ONLY CHANGE THEIR HOME STATE THROUGH APPLI-
S. 6883 38
CATION FOR LICENSURE IN THE NEW STATE, OR THROUGH THE PROCESS OUTLINED
IN SECTION 5.
SECTION 7.
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. MEMBER STATES SHALL RECOGNIZE THE RIGHT OF A LICENSED PROFESSIONAL
COUNSELOR, LICENSED BY A HOME STATE IN ACCORDANCE WITH SECTION 3 AND
UNDER RULES PROMULGATED BY THE COMMISSION, TO PRACTICE PROFESSIONAL
COUNSELING IN ANY MEMBER STATE VIA TELEHEALTH UNDER A PRIVILEGE TO PRAC-
TICE AS PROVIDED IN THE COMPACT AND RULES PROMULGATED BY THE COMMISSION.
B. A LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN A REMOTE
STATE UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGU-
LATIONS OF THE REMOTE STATE.
SECTION 8.
ADVERSE ACTIONS
A. IN ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A REMOTE
STATE SHALL HAVE THE AUTHORITY, IN ACCORDANCE WITH EXISTING STATE DUE
PROCESS LAW, TO:
1. TAKE ADVERSE ACTION AGAINST A LICENSED PROFESSIONAL COUNSELOR'S
PRIVILEGE TO PRACTICE WITHIN THAT MEMBER STATE; AND
2. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES AS WELL AS THE PRODUCTION OF
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A MEMBER STATE FOR
THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE
FROM ANOTHER MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY
COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE
OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING
BEFORE IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL
EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF
THE STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
3. ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION
AGAINST A LICENSED PROFESSIONAL COUNSELOR'S LICENSE ISSUED BY THE HOME
STATE.
B. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE SHALL GIVE
THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A MEMBER
STATE AS IT WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN
SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE
APPROPRIATE ACTION.
C. THE HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATIONS OF A
LICENSED PROFESSIONAL COUNSELOR WHO CHANGES PRIMARY STATE OF RESIDENCE
DURING THE COURSE OF THE INVESTIGATIONS. THE HOME STATE SHALL ALSO HAVE
THE AUTHORITY TO TAKE APPROPRIATE ACTION(S) AND SHALL PROMPTLY REPORT
THE CONCLUSIONS OF THE INVESTIGATIONS TO THE ADMINISTRATOR OF THE DATA
SYSTEM. THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION
SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY ADVERSE ACTIONS.
D. A MEMBER STATE, IF OTHERWISE PERMITTED BY STATE LAW, MAY RECOVER
FROM THE AFFECTED LICENSED PROFESSIONAL COUNSELOR THE COSTS OF INVESTI-
GATIONS AND DISPOSITIONS OF CASES RESULTING FROM ANY ADVERSE ACTION
TAKEN AGAINST THAT LICENSED PROFESSIONAL COUNSELOR.
E. A MEMBER STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
INGS OF THE REMOTE STATE, PROVIDED THAT THE MEMBER STATE FOLLOWS ITS OWN
PROCEDURES FOR TAKING THE ADVERSE ACTION.
F. JOINT INVESTIGATIONS:
S. 6883 39
1. IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER STATE BY ITS
RESPECTIVE PROFESSIONAL COUNSELING PRACTICE ACT OR OTHER APPLICABLE
STATE LAW, ANY MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN
JOINT INVESTIGATIONS OF LICENSEES.
2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
ANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
INITIATED UNDER THE COMPACT.
G. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST THE LICENSE OF
A LICENSED PROFESSIONAL COUNSELOR, THE LICENSED PROFESSIONAL COUNSELOR'S
PRIVILEGE TO PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACTIVATED
UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE STATE LICENSE. ALL
HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST THE
LICENSE OF A LICENSED PROFESSIONAL COUNSELOR SHALL INCLUDE A STATEMENT
THAT THE LICENSED PROFESSIONAL COUNSELOR'S PRIVILEGE TO PRACTICE IS
DEACTIVATED IN ALL MEMBER STATES DURING THE PENDENCY OF THE ORDER.
H. IF A MEMBER STATE TAKES ADVERSE ACTION, IT SHALL PROMPTLY NOTIFY
THE ADMINISTRATOR OF THE DATA SYSTEM. THE ADMINISTRATOR OF THE DATA
SYSTEM SHALL PROMPTLY NOTIFY THE HOME STATE OF ANY ADVERSE ACTIONS BY
REMOTE STATES.
I. NOTHING IN THIS COMPACT SHALL OVERRIDE A MEMBER STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION.
SECTION 9.
ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A JOINT
PUBLIC AGENCY KNOWN AS THE COUNSELING COMPACT COMMISSION:
1. THE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT STATES.
2. VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF COMPETENT
JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
PROCEEDINGS.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
EIGN IMMUNITY.
B. MEMBERSHIP, VOTING, AND MEETINGS
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
SELECTED BY THAT MEMBER STATE'S LICENSING BOARD.
2. THE DELEGATE SHALL BE EITHER:
A. A CURRENT MEMBER OF THE LICENSING BOARD AT THE TIME OF APPOINTMENT,
WHO IS A LICENSED PROFESSIONAL COUNSELOR OR PUBLIC MEMBER; OR
B. AN ADMINISTRATOR OF THE LICENSING BOARD.
3. ANY DELEGATE MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY
THE LAW OF THE STATE FROM WHICH THE DELEGATE IS APPOINTED.
4. THE MEMBER STATE LICENSING BOARD SHALL FILL ANY VACANCY OCCURRING
ON THE COMMISSION WITHIN 60 DAYS.
5. EACH DELEGATE SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE
PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
SION.
6. A DELEGATE SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED
IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR DELEGATES' PARTICIPATION IN
MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
S. 6883 40
7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS.
8. THE COMMISSION SHALL BY RULE ESTABLISH A TERM OF OFFICE FOR DELEG-
ATES AND MAY BY RULE ESTABLISH TERM LIMITS.
C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
2. ESTABLISH BYLAWS;
3. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
4. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
THIS COMPACT AND THE BYLAWS;
5. PROMULGATE RULES WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
MANNER PROVIDED FOR IN THE COMPACT;
6. BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE
COMMISSION, PROVIDED THAT THE STANDING OF ANY STATE LICENSING BOARD TO
SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
7. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
8. BORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
9. HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE
DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE
PURPOSES OF THE COMPACT, AND ESTABLISH THE COMMISSION'S PERSONNEL POLI-
CIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICATIONS OF
PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
10. ACCEPT ANY AND ALL APPROPRIATE DONATIONS AND GRANTS OF MONEY,
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE,
AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST;
11. LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, REAL, PERSONAL OR
MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEAR-
ANCE OF IMPROPRIETY;
12. SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON, OR OTHER-
WISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
13. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
14. BORROW MONEY;
15. APPOINT COMMITTEES, INCLUDING STANDING COMMITTEES COMPOSED OF
MEMBERS, STATE REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS AS MAY
BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
16. PROVIDE AND RECEIVE INFORMATION FROM, AND COOPERATE WITH, LAW
ENFORCEMENT AGENCIES;
17. ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE; AND
18. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF PROFESSIONAL COUNSELING LICENSURE AND PRACTICE.
D. THE EXECUTIVE COMMITTEE.
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT.
2. THE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO ELEVEN (11)
MEMBERS:
A. SEVEN VOTING MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE
CURRENT MEMBERSHIP OF THE COMMISSION; AND
B. UP TO FOUR (4) EX-OFFICIO, NONVOTING MEMBERS FROM FOUR (4) RECOG-
NIZED NATIONAL PROFESSIONAL COUNSELOR ORGANIZATIONS.
C. THE EX-OFFICIO MEMBERS WILL BE SELECTED BY THEIR RESPECTIVE ORGAN-
IZATIONS.
S. 6883 41
3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE AS
PROVIDED IN BYLAWS.
4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
5. THE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES AND RESPON-
SIBILITIES:
A. RECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES OR BYLAWS,
CHANGES TO THIS COMPACT LEGISLATION, FEES PAID BY COMPACT MEMBER STATES
SUCH AS ANNUAL DUES, AND ANY COMMISSION COMPACT FEE CHARGED TO LICENSEES
FOR THE PRIVILEGE TO PRACTICE;
B. ENSURE COMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED,
CONTRACTUAL OR OTHERWISE;
C. PREPARE AND RECOMMEND THE BUDGET;
D. MAINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
E. MONITOR COMPACT COMPLIANCE OF MEMBER STATES AND PROVIDE COMPLIANCE
REPORTS TO THE COMMISSION;
F. ESTABLISH ADDITIONAL COMMITTEES AS NECESSARY; AND
G. OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.
E. MEETINGS OF THE COMMISSION.
1. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN SECTION 11.
2. THE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF
THE COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING IF THE
COMMISSION OR EXECUTIVE COMMITTEE OR OTHER COMMITTEES OF THE COMMISSION
MUST DISCUSS:
A. NON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS UNDER THE
COMPACT;
B. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER MATTERS, PRAC-
TICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS
RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
C. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
D. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
SERVICES, OR REAL ESTATE;
E. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
F. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
G. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
H. DISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
I. DISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE REPORTS
PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION OR OTHER
COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR DETERMINATION
OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT; OR
J. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR MEMBER
STATE STATUTE.
3. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION.
4. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE
ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFORE, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
S. 6883 42
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
F. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE
REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION, AND ONGOING
ACTIVITIES.
2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE REVENUE SOURCES,
DONATIONS, AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND
SERVICES.
3. THE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM
EACH MEMBER STATE OR IMPOSE FEES ON OTHER PARTIES TO COVER THE COST OF
THE OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS STAFF, WHICH
MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER ITS ANNUAL BUDGET AS
APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES.
THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE ALLOCATED BASED UPON A
FORMULA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A
RULE BINDING UPON ALL MEMBER STATES.
4. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, EXCEPT BY AND WITH THE
AUTHORITY OF THE MEMBER STATE.
5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL
BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
G. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESEN-
TATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY,
EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL-
ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM
SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED
BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER, EXECUTIVE DIREC-
TOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
MENT, DUTIES, OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE
SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM
RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER, THAT THE ACTUAL
OR ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM THAT PERSON'S
INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT.
3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER, OFFI-
CER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION
FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
S. 6883 43
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
THAT PERSON.
SECTION 10.
DATA SYSTEM
A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT, MAINTENANCE,
OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND REPORTING
SYSTEM CONTAINING LICENSURE, ADVERSE ACTION, AND INVESTIGATIVE INFORMA-
TION ON ALL LICENSED INDIVIDUALS IN MEMBER STATES.
B. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE RULES
OF THE COMMISSION, INCLUDING:
1. IDENTIFYING INFORMATION;
2. LICENSURE DATA;
3. ADVERSE ACTIONS AGAINST A LICENSE OR PRIVILEGE TO PRACTICE;
4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
IPATION;
5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
DENIAL;
6. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION; AND
7. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY THE RULES OF THE COMMISSION.
C. INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE IN ANY MEMBER
STATE WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.
D. THE COMMISSION SHALL PROMPTLY NOTIFY ALL MEMBER STATES OF ANY
ADVERSE ACTION TAKEN AGAINST A LICENSEE OR AN INDIVIDUAL APPLYING FOR A
LICENSE. ADVERSE ACTION INFORMATION PERTAINING TO A LICENSEE IN ANY
MEMBER STATE WILL BE AVAILABLE TO ANY OTHER MEMBER STATE.
E. MEMBER STATES CONTRIBUTING INFORMATION TO THE DATA SYSTEM MAY
DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
F. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS SUBSEQUENTLY
REQUIRED TO BE EXPUNGED BY THE LAWS OF THE MEMBER STATE CONTRIBUTING THE
INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
SECTION 11.
RULEMAKING
A. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO EFFEC-
TIVELY AND EFFICIENTLY ACHIEVE THE PURPOSE OF THE COMPACT. NOTWITHSTAND-
ING THE FOREGOING, IN THE EVENT THE COMMISSION EXERCISES ITS RULEMAKING
AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE
COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN SUCH AN ACTION BY THE
COMMISSION SHALL BE INVALID AND HAVE NO FORCE OR EFFECT.
B. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
CRITERIA SET FORTH IN THIS SECTION AND THE RULES ADOPTED THEREUNDER.
RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN
EACH RULE OR AMENDMENT.
C. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES REJECTS A
RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO
ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION OF THE
S. 6883 44
RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY
MEMBER STATE.
D. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
E. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE
COMMISSION, AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT
WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL
FILE A NOTICE OF PROPOSED RULEMAKING:
1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
FORM; AND
2. ON THE WEBSITE OF EACH MEMBER STATE PROFESSIONAL COUNSELING LICENS-
ING BOARD OR OTHER PUBLICLY ACCESSIBLE PLATFORM OR THE PUBLICATION IN
WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
F. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
1. THE PROPOSED TIME, DATE, AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT AND THE REASON FOR THE
PROPOSED RULE;
3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
G. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS, AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
H. THE COMMISSION SHALL GRANT AN OPPORTUNITY FOR A PUBLIC HEARING
BEFORE IT ADOPTS A RULE OR AMENDMENT IF A HEARING IS REQUESTED BY:
1. AT LEAST TWENTY-FIVE (25) PERSONS;
2. A STATE OR FEDERAL GOVERNMENTAL SUBDIVISION OR AGENCY; OR
3. AN ASSOCIATION HAVING AT LEAST TWENTY-FIVE (25) MEMBERS.
I. IF A HEARING IS HELD ON THE PROPOSED RULE OR AMENDMENT, THE COMMIS-
SION SHALL PUBLISH THE PLACE, TIME, AND DATE OF THE SCHEDULED PUBLIC
HEARING. IF THE HEARING IS HELD VIA ELECTRONIC MEANS, THE COMMISSION
SHALL PUBLISH THE MECHANISM FOR ACCESS TO THE ELECTRONIC HEARING.
1. ALL PERSONS WISHING TO BE HEARD AT THE HEARING SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF THE COMMISSION OR OTHER DESIGNATED MEMBER IN WRIT-
ING OF THEIR DESIRE TO APPEAR AND TESTIFY AT THE HEARING NOT LESS THAN
FIVE (5) BUSINESS DAYS BEFORE THE SCHEDULED DATE OF THE HEARING.
2. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING.
3. ALL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING WILL BE MADE
AVAILABLE ON REQUEST.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
J. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
K. IF NO WRITTEN NOTICE OF INTENT TO ATTEND THE PUBLIC HEARING BY
INTERESTED PARTIES IS RECEIVED, THE COMMISSION MAY PROCEED WITH PROMUL-
GATION OF THE PROPOSED RULE WITHOUT A PUBLIC HEARING.
L. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF
S. 6883 45
THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF
THE RULE.
M. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE COMMISSION MAY
CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY
FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
PROVIDED IN THE COMPACT AND IN THIS SECTION SHALL BE RETROACTIVELY
APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER
THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE
PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE
ADOPTED IMMEDIATELY IN ORDER TO:
1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS ESTABLISHED BY FEDERAL LAW OR RULE; OR
4. PROTECT PUBLIC HEALTH AND SAFETY.
N. THE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES
OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSIST-
ENCY, OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE
POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT
TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POST-
ING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION
RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN
WRITING AND DELIVERED TO THE CHAIR OF THE COMMISSION PRIOR TO THE END OF
THE NOTICE PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE
EFFECT WITHOUT FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE
REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
SECTION 12.
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. OVERSIGHT.
1. THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE GOVERN-
MENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL
ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE COMPACT'S PURPOSES
AND INTENT. THE PROVISIONS OF THIS COMPACT AND THE RULES PROMULGATED
HEREUNDER SHALL HAVE STANDING AS STATUTORY LAW.
2. ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE PERTAIN-
ING TO THE SUBJECT MATTER OF THIS COMPACT WHICH MAY AFFECT THE POWERS,
RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.
3. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY SUCH PROCEEDING AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO
THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
SION, THIS COMPACT, OR PROMULGATED RULES.
B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS DEFAULTED IN
THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
A. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
B. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARD-
ING THE DEFAULT.
S. 6883 46
C. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
MAJORITY OF THE MEMBER STATES, AND ALL RIGHTS, PRIVILEGES AND BENEFITS
CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF
TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING STATE
OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
D. TERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR, THE MAJORITY AND MINORITY LEADERS OF THE DEFAULTING
STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
E. A STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESS-
MENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE
DATE OF TERMINATION.
F. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED FROM THE COMPACT,
UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
STATE.
G. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING MEMBER SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEY'S FEES.
H. DISPUTE RESOLUTION.
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL ATTEMPT TO
RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG MEMBER STATES
AND BETWEEN MEMBER AND NON-MEMBER STATES.
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
I. ENFORCEMENT.
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A MEMBER
STATE IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING MEMBER SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY'S FEES.
3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
SECTION 13.
DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER STATE. THE PROVISIONS,
WHICH BECOME EFFECTIVE AT THAT TIME, SHALL BE LIMITED TO THE POWERS
GRANTED TO THE COMMISSION RELATING TO ASSEMBLY AND THE PROMULGATION OF
RULES. THEREAFTER, THE COMMISSION SHALL MEET AND EXERCISE RULEMAKING
POWERS NECESSARY TO THE IMPLEMENTATION AND ADMINISTRATION OF THE
COMPACT.
S. 6883 47
B. ANY STATE THAT JOINS THE COMPACT SUBSEQUENT TO THE COMMISSION'S
INITIAL ADOPTION OF THE RULES SHALL BE SUBJECT TO THE RULES AS THEY
EXIST ON THE DATE ON WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY
RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE
FULL FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT
STATE.
C. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
UTE REPEALING THE SAME.
1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6)
MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
DRAWING STATE'S PROFESSIONAL COUNSELING LICENSING BOARD TO COMPLY WITH
THE INVESTIGATIVE AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS ACT
PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
D. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY PROFESSIONAL COUNSELING LICENSURE AGREEMENT OR OTHER
COOPERATIVE ARRANGEMENT BETWEEN A MEMBER STATE AND A NON-MEMBER STATE
THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT.
E. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
SECTION 14.
CONSTRUCTION AND SEVERABILITY
THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND
IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
TO BE CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE OR OF THE UNITED
STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS
COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON
OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE
HELD CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT SHALL
REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES AND IN
FULL FORCE AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL SEVERA-
BLE MATTERS.
SECTION 15.
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A LICENSEE PROVIDING PROFESSIONAL COUNSELING SERVICES IN A REMOTE
STATE UNDER THE PRIVILEGE TO PRACTICE SHALL ADHERE TO THE LAWS AND REGU-
LATIONS, INCLUDING SCOPE OF PRACTICE, OF THE REMOTE STATE.
B. NOTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER LAW OF A
MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
C. ANY LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE SUPER-
SEDED TO THE EXTENT OF THE CONFLICT.
D. ANY LAWFUL ACTIONS OF THE COMMISSION, INCLUDING ALL RULES AND
BYLAWS PROPERLY PROMULGATED BY THE COMMISSION, ARE BINDING UPON THE
MEMBER STATES.
E. ALL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND THE MEMBER
STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
F. IN THE EVENT ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
TIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER STATE, THE
S. 6883 48
PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE CONFLICT WITH THE
CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.
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As a mental health therapist in the state of New York, I implore Senate to please support this bill. Allowing New York to join the ranks of the many other progressive states that have joined the Counseling Compact is vital to addressing the mental health and substance use crisis afflicting our country. Supporting and working to get this bill passed, thus allowing NY to become part of the compact, will widen access to mental health services across state lines, further assisting to reduce access to service barriers that so many people face. Please pass this bill and do your part to address the mental health & substance use needs and promote the healing of not only the residents of this state but all of those suffering across the country. Thank you for your time and consideration.
As a psychologist in the state of New York deeply invested in our community's mental health, I urge your support for the swift passage of the Psychology Interjurisdictional Compact (PSYPACT) in our state. In our evolving mental health landscape, the demand for telepsychology services highlights the need for forward-thinking licensing practices. PSYPACT offers a practical solution by enabling psychologists to practice across state lines, removing unnecessary barriers to timely mental health services. Your advocacy is crucial, and I kindly request your assistance in advancing this legislation through the Senate to enhance accessibility and empower practitioners to contribute their expertise without undue impediments. Thank you for your dedication to our community's well-being.
As a NYS LMHC, I have a stake in helping individuals/families/communities improve their quality of life through mental health services. Since Covid-19, the need for therapeutic services has increased greatly.. Also, incidents on the streets/subways in NY involving individuals with mental illness has also increased. Passing this bill will provide more accessible services to individuals/families/communities. Please pass this much needed bill.