5-44.1-2. Execution of the
compact.
|
The
governor on behalf of the State of Rhode Island is authorized to execute a
compact, in
|
substantially the following
form, with any state, territory or possession of the United States, the
|
District of Columbia, and
the Commonwealth of Puerto Rico, and the general assembly signifies
|
in advance its approval and
ratification of this compact: "The Psychology Interjurisdictional
|
Compact". The
contracting states solemnly agree:
|
PSYCHOLOGY
INTERJURISDICTIONAL COMPACT (PSYPACT)
|
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 boundaries for thirty (30) days within a
|
calendar year in the
performance of their psychological practice as assigned by an appropriate
|
authority; and
|
Whereas,
this Compact is intended to authorize State Psychology Regulatory
Authorities
|
to afford legal
recognition, in a manner consistent with the terms of the Compact, to
psychologists
|
licensed in another state;
and
|
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; and
|
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 psychological practice.
|
Consistent
with these principles, this Compact is designed to achieve the following
|
purposes and objectives:
|
(1)
Increase public access to professional psychological services by allowing
for
|
telepsychological practice
across state lines as well as temporary in-person, face-to-face services
|
into a state which the
psychologist is not licensed to practice psychology;
|
(2)
Enhance the states' ability to protect the public's health and safety,
especially
|
client/patient safety;
|
(3)
Encourage the cooperation of Compact States in the areas of psychology
licensure and
|
regulation;
|
(4)
Facilitate the exchange of information between Compact States regarding
psychologist
|
licensure, adverse actions
and disciplinary history;
|
(5)
Promote compliance with the laws governing psychological practice in each
Compact
|
State; and
|
(6)
Invest all Compact States with the authority to hold licensed psychologists
accountable
|
through the mutual
recognition of Compact State licenses.
|
ARTICLE II
|
DEFINITIONS
|
(A)
"Adverse Action" means any action taken by a State Psychology
Regulatory Authority
|
which finds a violation of
a statute or regulation that is identified by the State Psychology
|
Regulatory Authority as
discipline and is a matter of public record.
|
(B)
"Association of State and Provincial Psychology Boards (ASPPB)"
means the
|
recognized membership
organization composed of State and Provincial Psychology Regulatory
|
Authorities responsible for
the licensure 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
Interjurisdictional
|
Compact Commission pursuant
to Article X for its governance, 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 healthcare, 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,
|
Psychology
Interjurisdictional Compact (PSYPACT) 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 processes.
|
(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 technologies), 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 standardization in the criteria of interjurisdictional
|
telepsychology practice 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
psychologist and the
|
client/patient are in the
same physical space and which does not include interactions that may occur
|
through the use of
telecommunication technologies.
|
(Q)
"Interjurisdictional Practice Certificate" (IPC) means a
certificate 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
Interjurisdictional Compact
|
Commission promulgated
pursuant to Article XI of the Compact that is of general applicability,
|
implements, interprets, or
prescribes a policy or provision of the 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 amendment, 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 infraction; 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, or
|
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
psychologist'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 telecommunications technologies), in the Distant State
|
to provide for the practice
of psychology for thirty (30) days within a calendar year and based on
|
notification to the Distant
State.
|
ARTICLE III
|
HOME STATE LICENSURE
|
(A)
The Home State shall be a Compact State where a psychologist is licensed to
practice
|
psychology.
|
(B)
A psychologist may hold one or more Compact State licenses at a time. If
the
|
psychologist is licensed in
more than one Compact State, the Home State is the Compact State
|
where the psychologist is
physically present when the services are delivered as authorized by the
|
Authority to Practice Interjurisdictional
Telepsychology under the terms of this Compact.
|
(C)
Any Compact State may require a psychologist not previously licensed in a
Compact
|
State to obtain and retain
a license to be authorized 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 circumstances 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 (FBI), or other designee with similar authority, no later
than
|
ten (10) years after
activation of the 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 FBI, or other designee with similar authority, no later than
|
ten (10) years after
activation of the 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, to practice telepsychology in other Compact States (Receiving
|
States) in which the
psychologist is not licensed, under the Authority to Practice
Interjurisdictional
|
Telepsychology as provided
in the Compact.
|
(B)
To exercise the Authority to Practice Interjurisdictional Telepsychology
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 subsection 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 administrative 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 (3) 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; 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)
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 specified by the Commission; and
|
(8)
Meet other criteria as defined by the Rules of the Commission.
|
(C)
A psychologist practicing into a Receiving State under the Authority to
Practice
|
Interjurisdictional
Telepsychology shall practice within areas of competencies and the scope of
|
practice authorized by the
Home State.
|
(D)
A psychologist practicing into a Receiving State under the Authority to
Practice
|
Interjurisdictional
Telepsychology will be subject to the Home State's authority and laws. A
|
Receiving State may, in
accordance with that state's due process law, limit or revoke a
|
psychologist's Authority to
Practice Interjurisdictional Telepsychology in the Receiving 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 subsection 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 administrative 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 (3) 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;
|
(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 Commission;
|
(5)
No criminal record history that violates the Rules of the Commission;
|
(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 primary 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 authority 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 safety 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 Authority to
Practice
|
Interjurisdictional
Telepsychology only in the performance of the scope of practice for
psychology
|
as assigned by an
appropriate State Psychology Regulatory Authority, as defined in the Rules
of
|
the Commission, and under
the following circumstances:
|
(1)
The psychologist initiates a client/patient contact in a Home State via
|
telecommunications
technologies with a client/patient in a Receiving State;
|
(2)
Other conditions regarding telepsychology as determined by Rules
promulgated by the
|
Commission.
|
ARTICLE VII
|
ADVERSE ACTIONS
|
(A)
A Home State shall have the power to impose adverse action against a
psychologist's
|
license issued by the Home
State. A Distant State shall have the power to take adverse action on a
|
psychologist's Temporary
Authorization to Practice within that Distant State.
|
(B)
A Receiving State may take adverse action on a psychologist's Authority to
Practice
|
Interjurisdictional
Telepsychology within that Receiving State. A Home State may take adverse
|
action against a
psychologist 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. Furthermore, that
psychologist's Temporary Authorization to Practice is terminated 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 promulgated 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 psychologist
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
Authorization 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 Interjurisdictional Telepsychology or provide temporary
|
psychological services
under the Temporary Authorization to Practice in any other Compact State
|
during the term of the
alternative program.
|
(G)
No other judicial or administrative remedies shall be available to a
psychologist in the
|
event a Compact State
imposes an adverse action pursuant to subsection (C), above.
|
ARTICLE VIII
|
ADDITIONAL AUTHORITIES
INVESTED IN A COMPACT STATE'S PSYCHOLOGY
|
REGULATORY AUTHORITY
|
(A)
In addition to any other powers granted under state law, a Compact State's
Psychology
|
Regulatory Authority shall
have the authority under this Compact to:
|
(1)
Issue subpoenas, for both hearings and investigations, which require the
attendance and
|
testimony of witnesses and
the production of evidence. Subpoenas issued by a Compact State's
|
Psychology Regulatory
Authority for the attendance and testimony of witnesses, and/or the
|
production of evidence from
another Compact State shall be enforced in the latter state by any court
|
of competent jurisdiction,
according to that court's practice and procedure in considering subpoenas
|
issued in its own
proceedings. The issuing State Psychology Regulatory Authority shall pay
any
|
witness fees, travel
expenses, mileage and other fees required by the service statutes of the
state
|
where the witnesses and/or
evidence are located; and
|
(2)
Issue cease and desist and/or injunctive relief orders to revoke a
psychologist's
|
Authority to Practice
Interjurisdictional Telepsychology and/or Temporary Authorization to
|
Practice; and
|
(3)
During the course of any investigation, a psychologist may not change their
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 conclusions of such investigations to
|
the Commission. Once an
investigation has been completed, and pending the outcome of said
|
investigation, the
psychologist may change their 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
information 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 Database 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
Interjurisdictional
|
Telepsychology and/or
Temporary Authorization to Practice is revoked;
|
(6)
Non-confidential information related to alternative program participation
information;
|
(7)
Any denial of application for licensure, and the reasons for such denial;
and
|
(8)
Other information which may facilitate the administration of this Compact,
as
|
determined by the Rules of
the Commission.
|
(C)
The Coordinated Database administrator shall promptly notify all Compact
States of
|
any adverse action taken
against, or significant investigative information on, any licensee in a
|
Compact State.
|
(D)
Compact States reporting information to the Coordinated Database may
designate
|
information that may not be
shared with the public without the express permission of the Compact
|
State reporting the
information.
|
(E)
Any information submitted to the Coordinated Database that is subsequently
required
|
to be expunged by the law
of the Compact State reporting the information shall be removed from
|
the Coordinated Database.
|
ARTICLE X
|
ESTABLISHMENT OF THE
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
|
COMMISSION
|
(A)
The Compact States hereby create and establish a joint public agency 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 Commission 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 sovereign
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 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 rulemaking provisions in Article XI.
|
(6)
The Commission may convene in a closed, non-public meeting if the
Commission must
|
discuss:
|
(a)
Non-compliance of a Compact State with its obligations under the Compact;
|
(b)
The employment, compensation, discipline or other personnel matters,
practices or
|
procedures related to
specific employees or other matters related to the Commission's internal
|
personnel practices and
procedures;
|
(c)
Current, threatened, or reasonably anticipated litigation against the
Commission;
|
(d)
Negotiation of contracts for the purchase or sale of goods, services or
real estate;
|
(e)
Accusation against any person of a crime or formally censuring any person;
|
(f)
Disclosure of trade secrets or commercial or financial information which is
privileged
|
or confidential;
|
(g)
Disclosure of information of a personal nature where disclosure would
constitute a
|
clearly unwarranted
invasion of personal privacy;
|
(h)
Disclosure of investigatory records compiled for law enforcement purposes;
|
(i)
Disclosure of information related to any investigatory reports prepared by
or on behalf
|
of or for use of the
Commission or other committee charged with responsibility for investigation
|
or determination of
compliance issues pursuant to the Compact; or
|
(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 interested 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 practicable, 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 procedures for
the election
|
of the officers of the
Commission.
|
(5)
Providing reasonable standards and procedures for the establishment of the
personnel
|
policies and programs of
the Commission. Notwithstanding 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 Commission 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 appropriate 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 coordinate
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 Regulatory 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 interest;
|
(7)
To lease, purchase, accept appropriate gifts or donations of, or otherwise
to own, hold,
|
improve or use, any
property, real, personal or mixed; provided that at all times the
Commission
|
shall strive to avoid any
appearance of impropriety;
|
(8)
To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
dispose of
|
any property real, personal
or mixed;
|
(9)
To establish a budget and make expenditures;
|
(10)
To borrow money;
|
(11)
To appoint committees, including advisory committees comprised of Members,
State
|
regulators, State
legislators or their representatives, and consumer representatives, and
such other
|
interested persons as may
be designated in this Compact and the bylaws;
|
(12)
To provide and receive information from, and to cooperate with, law
enforcement
|
agencies;
|
(13)
To adopt and use an official seal; and
|
(14)
To perform such other functions as may be necessary or appropriate to
achieve the
|
purposes of this Compact
consistent with the state regulation of psychology licensure, temporary
|
in-person, face-to-face
practice 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 (6) members:
|
(a)
Five (5) voting members who are elected from the current membership of the
|
Commission by the
Commission;
|
(b)
One exofficio, nonvoting member from the recognized membership organization
|
composed of State and
Provincial Psychology Regulatory Authorities.
|
(2)
The exofficio 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 responsibilities:
|
(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 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
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 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 Compact States.
|
(4)
The Commission shall not incur obligations of any kind prior to securing
the funds
|
adequate to meet the same;
nor shall the Commission pledge the credit of any of the Compact
|
States, except by and with
the authority of the Compact State.
|
(5)
The Commission shall keep accurate accounts of all receipts and
disbursements. The
|
receipts and disbursements
of the Commission shall be subject to the audit and accounting
|
procedures established
under its Bylaws. However, all receipts and disbursements of funds handled
|
by the Commission shall be
audited yearly by a certified or licensed public accountant and the
|
report of the audit shall
be included in and become part of the annual report of the Commission.
|
(G)
Qualified Immunity, Defense, and Indemnification.
|
(1)
The members, officers, Executive Director, employees and representatives 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 liability 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 subsection 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 Director, 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 employment,
|
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 that
person's
|
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, officer,
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 responsibilities, or that such
|
person had a reasonable
basis for believing occurred within the scope of Commission employment,
|
duties or responsibilities,
provided that the actual or alleged act, error or omission did not result
|
from the intentional or
willful or wanton misconduct of that person.
|
ARTICLE XI
|
RULEMAKING
|
(A)
The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth
|
in this Article and the
Rules adopted thereunder. Rules and amendments shall become binding as
|
of the date specified in
each rule or amendment.
|
(B)
If a majority of the legislatures of the Compact States rejects a rule, by
enactment of a
|
statute or resolution in
the same manner used to adopt the Compact, then such rule shall have no
|
further force and effect in
any Compact State.
|
(C)
Rules or amendments to the rules shall be adopted at a regular or special
meeting of
|
the Commission.
|
(D)
Prior to promulgation and adoption of a final rule or Rules by the
Commission, and at
|
least sixty (60) days in
advance of the meeting at which the rule will be considered and voted upon,
|
the Commission shall file a
Notice of Proposed Rulemaking:
|
(1)
On the website of the Commission; and
|
(2)
On the website of each Compact States' Psychology Regulatory Authority or
the
|
publication in which each
state would otherwise publish proposed rules.
|
(E)
The Notice of Proposed Rulemaking shall include:
|
(1)
The proposed time, date, and location of the meeting in which the rule will
be
|
considered and voted upon;
|
(2)
The text of the proposed rule or amendment and the reason for the proposed
rule;
|
(3)
A request for comments on the proposed rule from any interested person; and
|
(4)
The manner in which interested persons may submit notice to the Commission
of their
|
intention to attend the
public hearing and any written 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 at least twenty-five
(25) members.
|
(H)
If a hearing is held on the proposed rule or amendment, the Commission
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 writing 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 transcript 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 Commission 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 promulgation of the proposed rule without a public
|
hearing.
|
(L)
Upon determination that an emergency exists, the Commission may consider
and adopt
|
an emergency rule without
prior notice, opportunity for comment, or hearing, provided that the
|
usual rulemaking procedures
provided in the Compact and in this section shall be retroactively
|
applied to the rule as soon
as reasonably possible, in no event later than ninety (90) days after the
|
effective date of the rule.
For the purposes of this provision, an emergency rule is one that must be
|
adopted immediately in
order to:
|
(1)
Meet an imminent threat to public health, safety, or welfare;
|
(2)
Prevent a loss of Commission or Compact State funds;
|
(3)
Meet a deadline for the promulgation of an administrative rule that is
established by
|
federal law or rule; or
|
(4)
Protect public health and safety.
|
(M)
The Commission or an authorized committee of the Commission may direct
revisions
|
to a previously adopted
rule or amendment for purposes of correcting typographical errors, errors
|
in format, errors in
consistency, 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 posting. 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 government 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 pertaining 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 Commission, 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 regarding the
default.
|
(2)
If a state in default fails to remedy the default, the defaulting state may
be terminated
|
from the Compact upon an
affirmative vote of a majority of the Compact States, and all rights,
|
privileges and benefits
conferred by this Compact shall be terminated on the effective date of
|
termination. A remedy of
the default does not relieve the offending state of obligations or
liabilities
|
incurred during the period
of default.
|
(3)
Termination of membership in the Compact shall be imposed only after all
other means
|
of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be
|
submitted by the Commission
to the Governor, the majority and minority leaders of the defaulting
|
state's legislature, and
each of the Compact States.
|
(4)
A Compact State which has been terminated is responsible for all assessments,
|
obligations and liabilities
incurred through the effective date of termination, including obligations
|
which extend beyond the
effective date of termination.
|
(5)
The Commission shall not bear any costs incurred by the state which is
found to be in
|
default or which has been
terminated from the Compact, unless agreed upon in writing between the
|
Commission and the
defaulting state.
|
(6)
The defaulting state may appeal the action of the Commission by petitioning
the U.S.
|
District Court for the
state of Georgia or the federal district where the Compact has its
principal
|
offices. The prevailing
member shall be awarded all costs of such litigation, including 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
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COMPACT COMMISSION AND
ASSOCIATED RULES, WITHDRAWAL, AND
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AMENDMENTS
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(A)
The Compact shall come into effect on the date on which the Compact is
enacted into
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law in the seventh Compact
State. The provisions which become effective at that time shall be
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limited to the powers
granted to the Commission relating to assembly and the promulgation of
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rules. Thereafter, the
Commission shall meet and exercise rulemaking powers necessary to the
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implementation and
administration of the Compact.
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(B)
Any state which joins the Compact subsequent to the Commission's initial
adoption of
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the rules shall be subject
to the rules as they exist on the date on which the Compact becomes law
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in that state. Any rule
which has been previously adopted by the Commission shall have the full
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force and effect of law on
the day the Compact becomes law in that state.
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(C)
Any Compact State may withdraw from this Compact by enacting a statute
repealing
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the same.
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(1)
A Compact State's withdrawal shall not take effect until six (6) months
after enactment
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of the repealing statute.
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(2)
Withdrawal shall not affect the continuing requirement of the withdrawing
State's
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Psychology Regulatory
Authority to comply with the investigative and adverse action reporting
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requirements of this act
prior to the effective date of withdrawal.
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(D)
Nothing contained in this Compact shall be construed to invalidate or
prevent any
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psychology licensure
agreement or other cooperative arrangement between a Compact State and a
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Non-Compact State which
does not conflict with the provisions of this Compact.
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(E)
This Compact may be amended by the Compact States. No amendment to this
Compact
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shall become effective and
binding upon any Compact State until it is enacted into the law of all
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Compact States.
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ARTICLE XIV
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CONSTRUCTION AND
SEVERABILITY
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This
Compact shall be liberally construed so as to effectuate the purposes
thereof. If this
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Compact shall be held
contrary to the constitution of any state member thereto, the Compact shall
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remain in full force and
effect as to the remaining Compact States.
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