Bill Text: IA HF24 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act adopting the psychology interjurisdictional compact.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-01-25 - Tabled until future meeting. Vote Total: 3-0. [HF24 Detail]

Download: Iowa-2023-HF24-Introduced.html

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House File 24 - Introduced
HOUSE FILE 24
BY BERGAN
A BILL FOR
An Act adopting the psychology interjurisdictional compact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. NEW SECTION . 147G.1 Psychology
interjurisdictional compact.
The psychology interjurisdictional compact is enacted into
law and entered into by this state with all states legally
joining in the compact in the form substantially as follows:
1. Article I —— Purpose.
a. The party states find that:
(1) States license psychologists, in order to protect
the public through verification of education, training,
and experience, and ensure accountability for professional
practice.
(2) This compact is intended to regulate the day-to-day
practice of telepsychology, in which psychological services are
provided using telecommunication technologies, by psychologists
across state boundaries in the performance of their
psychological practice as assigned by an appropriate authority.
(3) This compact is intended to regulate the temporary
in-person, face-to-face practice of psychology by psychologists
across state boundaries for thirty days within a calendar year
in the performance of their psychological practice as assigned
by an appropriate authority.
(4) 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.
(5) 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.
(6) This compact does not apply when a psychologist is
licensed in both the home and receiving states.
(7) This compact does not apply to permanent in-person,
face-to-face practice, but it does allow for authorization of
temporary psychological practice.
b. Consistent with these principles, this compact is
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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 in 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.
(6) Invest all compact states with the authority to
hold licensed psychologists accountable through the mutual
recognition of compact state licenses.
2. 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”
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
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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 health care, corporate, supervision, 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, or been terminated pursuant to article XII.
h. “Confidentiality” means the principle that data or
information is not made available or disclosed to unauthorized
persons or processes.
i. “Coordinated licensure information system” or “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.
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
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.
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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 federal bureau of investigation (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” or “IPC”
means a certificate issued by the association of state and
provincial psychology boards 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. “Noncompact 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.
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u. “Psychology interjurisdictional compact commission” or
“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 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 amendment,
repeal, or suspension of an existing rule.
x. “Significant investigatory information” means any of the
following:
(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 a minor infraction.
(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 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.
ab. “Temporary authorization to practice” means a licensed
psychologist’s authority to conduct temporary in-person,
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face-to-face practice, within the limits authorized under this
compact, in another compact state.
ac. “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 days within a
calendar year and based on notification to the distant state.
3. 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
meets all of the following requirements:
(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.
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(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 years
after activation of the this compact.
(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 meets all of the following requirements:
(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 years
after activation of this compact.
(5) Complies with the bylaws and rules of the commission.
4. 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 receiving states in
which the psychologist is not licensed, under the authority to
practice interjurisdictional telepsychology as provided in this
compact.
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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 shall
meet all of the following requirements:
(1) Hold a graduate degree in psychology from an institution
of higher education that was either of the following, at the
time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized
by the United States department of education to grant graduate
degrees, or authorized by provincial statute or royal charter
to grant doctoral degrees.
(b) A foreign college or university deemed to be equivalent
to subparagraph (1), subparagraph division (a), by a foreign
credential evaluation service that is a member of the national
association of credential evaluation services or by a
recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology that meets all of
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.
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(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 degrees.
(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 violates 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.
(8) Meet other criteria as defined by the rules of the
commission.
c. The home state maintains authority over the license of
any psychologist practicing into a receiving state under the
authority to practice interjurisdictional telepsychology.
d. A psychologist practicing into a receiving state under
the authority to practice interjurisdictional telepsychology
shall be subject to the receiving state’s scope of practice.
A receiving state may, in accordance with that state’s due
process law, limit or revoke a psychologist’s authority to
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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 or 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 the psychologist shall not be eligible to practice
telepsychology in a compact state under the authority to
practice interjurisdictional telepsychology.
5. 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 distant states in which
the psychologist is not licensed, as provided in this 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 shall meet all of the
following requirements:
(1) Hold a graduate degree in psychology from an institution
of higher education that was either of the following, at the
time the degree was awarded:
(a) Regionally accredited by an accrediting body recognized
by the United States department of education to grant graduate
degrees, or authorized by provincial statute or royal charter
to grant doctoral degrees.
(b) A foreign college or university deemed to be equivalent
to subparagraph (1), subparagraph division (a), by a foreign
credential evaluation service that is a member of the national
association of credential evaluation services or by a
recognized foreign credential evaluation service.
(2) Hold a graduate degree in psychology that meets all of
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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
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 degrees.
(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 violates the
rules of the commission.
(5) Have no criminal record history that violates the rules
of the commission.
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(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.
(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 shall 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 the psychologist shall
not be eligible to practice in a compact state under the
temporary authorization to practice.
6. 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
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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.
7. 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 shall 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
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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 to 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, the 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 nonpublic if required by the compact
state’s law. Compact states shall 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 paragraph “c” .
8. 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 do all of the following:
(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
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state’s psychology regulatory authority for the attendance
and testimony of witnesses 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 or evidence are located.
(2) Issue cease and desist or injunctive relief
orders to revoke a psychologist’s authority to practice
interjurisdictional telepsychology or temporary authorization
to practice.
(3) During the course of any investigation, a psychologist
may not change the psychologist’s 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 the
psychologist’s 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.
9. Article IX —— Coordinated licensure information system.
a. The commission shall provide for the development and
maintenance of a coordinated licensure information system and
reporting system containing licensure and disciplinary action
information on all psychologists individuals to whom this
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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 all of the following:
(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 or temporary
authorization to practice is revoked.
(6) Nonconfidential information related to alternative
program participation information.
(7) Any denial of application for licensure, and the reasons
for such denial.
(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.
10. Article X —— Establishment of the psychology
interjurisdictional compact commission.
a. The compact states hereby create and establish a joint
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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 one of the following:
(a) The executive director, executive secretary, or similar
executive.
(b) A current member of the state psychology regulatory
authority of a compact state.
(c) A 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
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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, nonpublic
meeting if the commission must discuss any of the following:
(a) Noncompliance of a compact state with its obligations
under this 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 formal
censure of 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.
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(j) Matters specifically exempted from disclosure by
federal and state statute.
(7) If a meeting, or portion of a meeting, is closed
pursuant to subparagraph (6), 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 or rules to govern its conduct
as may be necessary or appropriate to carry out the purposes
and exercise the powers of this compact, including but not
limited to or providing for all of the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures for all
of the following:
(a) The establishment and meetings of other committees.
(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
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whole or in part. As soon as practicable, the commission shall
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 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.
(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 all of the following powers:
(1) The authority to promulgate uniform rules to facilitate
and coordinate implementation and administration of this
compact. The rules 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.
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(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 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.
(14) To perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact consistent
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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 the following
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 shall be
selected by its respective organization.
(3) The commission may remove any member of the executive
board as provided in the bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have all of 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.
(g) Other duties as provided in the rules or bylaws.
f. Financing of the commission.
(1) The commission shall pay, or provide for the payment of,
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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
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employment, duties, or responsibilities; provided that nothing
in this subparagraph shall be construed to protect any such
person from suit 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 in this subparagraph
shall be construed to prohibit that person from retaining the
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.
11. Article XI —— Rulemaking.
a. The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this article XI and the
rules adopted under this article XI. Rules and amendments
shall become binding as of the date specified in each rule or
amendment.
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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 this 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 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
on both of the following:
(1) On the website of the commission.
(2) On the website of each compact state’s psychology
regulatory authority or the publication in which each state
would otherwise publish proposed rules.
e. The notice of proposed rulemaking shall include all of
the following:
(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.
(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 any of the following:
(1) At least twenty-five persons who submit comments
independently of each other.
(2) A governmental subdivision or agency.
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(3) A duly appointed person in an association that has at
least twenty-five 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 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 subparagraph shall not preclude the commission from making
a transcript or recording of the hearing if it so chooses.
(4) Nothing in this article 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
article.
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
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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 this compact
and in this article shall be retroactively applied to the rule
as soon as reasonably possible, in no event later than ninety
days after the effective date of the rule. For the purposes of
this paragraph, an emergency rule is one that must be adopted
immediately in order to address any of the following:
(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.
(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 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 shall not take effect
without the approval of the commission.
12. 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
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compact and take all actions necessary and appropriate to
effectuate this compact’s purposes and intent. The provisions
of this compact and the rules promulgated under this compact
shall have standing as statutory law.
(2) All courts shall take judicial notice of this 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 do all of the following:
(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, or any other action to be taken by
the commission.
(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 this 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 this compact shall be
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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 this 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 United States district court for
the District of Columbia 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 fees.
c. Dispute resolution.
(1) Upon request by a compact state, the commission shall
attempt to resolve disputes related to this compact which arise
among compact states and between compact and noncompact 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 District
of Columbia or the federal district where the compact has
its principal offices against a compact state in default to
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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 in this article shall not be the exclusive
remedies of the commission. The commission may pursue any
other remedies available under federal or state law.
13. Article XIII —— Date of implementation of the psychology
interjurisdictional compact commission and associated rules,
withdrawal, and amendments.
a. This 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. Thereafter, the
commission shall meet and exercise rulemaking powers necessary
to the implementation and administration of this compact.
b. Any state which joins the compact subsequent to the
commission’s initial adoption of the rules shall be subject
to the rules as they exist on the date on which the compact
becomes law in that state. Any rule which has been previously
adopted by the commission shall have the full force and effect
of law on the day the compact becomes law in that state.
c. Any compact state may withdraw from this compact by
enacting a statute repealing the compact.
(1) A compact state’s withdrawal shall not take effect until
six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement
of the withdrawing state’s psychology regulatory authority to
comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of
withdrawal.
d. Nothing contained in this compact shall be construed to
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invalidate or prevent any psychology licensure agreement or
other cooperative arrangement between a compact state and a
noncompact 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.
14. 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 constitution of any compact state, the compact shall remain
in full force and effect as to the remaining compact states.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill creates an interstate compact to allow
psychologists from other states to practice telepsychology with
patients living in Iowa, to practice “face-to-face” psychology
on a temporary basis in Iowa, and to allow Iowa psychologists
to practice telepsychology with patients in other states. The
compact is intended to authorize regulatory authorities to
afford legal recognition, in a manner consistent with the terms
of the compact, to psychologists licensed in another state.
The compact does not apply when a psychologist is licensed
in both the “home” and “receiving” states. A commission is
created to oversee the compact, which is effective upon the
enactment into law by the seventh compact state.
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