Bill Text: IL HB1853 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies.

Sponsorship: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2018-08-22 - Public Act . . . . . . . . . 100-1028 [HB1853 Detail]

Download: Illinois-2017-HB1853-Chaptered.html

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Public Act 100-1028
HB1853 Enrolled LRB100 04551 RJF 14557 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Psychology Interjurisdictional Compact Act.
Section 5. Psychology Interjurisdictional Compact. The
State of Illinois enters into the Psychology
Interjurisdictional Compact in substantially the following
form with all other states joining the Compact:
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 30 days within a
calendar year in the performance of their psychological
practice as assigned by an appropriate authority;
Whereas, this Compact is intended to authorize State
Psychology Regulatory Authorities to afford legal recognition,
in a manner consistent with the terms of the Compact, to
psychologists licensed in another state;
Whereas, this Compact recognizes that states have a vested
interest in protecting the public's health and safety through
their licensing and regulation of psychologists and that such
state regulation will best protect public health and safety;
Whereas, this Compact does not apply when a psychologist is
licensed in both the Home and Receiving States; and
Whereas, this Compact does not apply to permanent
in-person, face-to-face practice, it does allow for
authorization of temporary 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
Section 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 Section X.
G. "Compact State" means: a state, the District of
Columbia, or United States territory that has enacted this
Compact legislation and which has not withdrawn pursuant to
Article XIII, Section C or been terminated pursuant to Article
XII, Section B.
H. "Coordinated Licensure Information System" also
referred to as "Coordinated Database" means: an integrated
process for collecting, storing, and sharing information on
psychologists' licensure and enforcement activities related to
psychology licensure laws, which is administered by the
recognized membership organization composed of State and
Provincial Psychology Regulatory Authorities.
I. "Confidentiality" means: the principle that data or

information is not made available or disclosed to unauthorized
persons and/or 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
Section 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, 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 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 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 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 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 academic years of full- time graduate study for
doctoral degree and a minimum of one academic year of
full-time graduate study for master's degree;

j. The program includes an acceptable residency as
defined by the Rules of the Commission.
3. Possess a current, full and unrestricted license to
practice psychology in a Home State which is a Compact
State;
4. Have no history of adverse action that violate the
Rules of the Commission;
5. Have no criminal record history reported on an
Identity History Summary that violates the Rules of the
Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended
practice, conformity with standards of practice,
competence in telepsychology technology; criminal
background; and knowledge and adherence to legal
requirements in the home and receiving states, and provide
a release of information to allow for primary source
verification in a manner specified by the Commission; and
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
will 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
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 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 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.
3. During the course of any investigation, a
psychologist may not change his/her Home State licensure. A

Home State Psychology Regulatory Authority is authorized
to complete any pending investigations of a psychologist
and to take any actions appropriate under its law. The Home
State Psychology Regulatory Authority shall promptly
report the conclusions of such investigations to the
Commission. Once an investigation has been completed, and
pending the outcome of said investigation, the
psychologist may change his/her Home State licensure. The
Commission shall promptly notify the new Home State of any
such decisions as provided in the Rules of the Commission.
All information provided to the Commission or distributed
by Compact States pursuant to the psychologist shall be
confidential, filed under seal and used for investigatory
or disciplinary matters. The Commission may create
additional rules for mandated or discretionary sharing of
information by Compact States.
ARTICLE IX
COORDINATED LICENSURE INFORMATION SYSTEM
A. The Commission shall provide for the development and
maintenance of a Coordinated Licensure Information System
(Coordinated Database) and reporting system containing
licensure and disciplinary action 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 (1) vote
with regard to the promulgation of Rules and creation of
Bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission.
A Commissioner shall vote in person or by such other means
as provided in the Bylaws. The Bylaws may provide for
Commissioners' participation in meetings by telephone or
other means of communication.
4. The Commission shall meet at least once during each
calendar year. Additional meetings shall be held as set
forth in the Bylaws.
5. All meetings shall be open to the public, and public

notice of meetings shall be given in the same manner as
required under the 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
members:
a. Five voting members who are elected from the
current membership of the Commission by the
Commission;

b. One ex-officio, nonvoting member from the
recognized membership organization composed of State
and Provincial Psychology Regulatory Authorities.
2. The ex-officio member must have served as staff or
member on a State Psychology Regulatory Authority and will
be selected by its respective organization.
3. The Commission may remove any member of the
Executive Board as provided in Bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following duties
and 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 paragraph shall be construed to protect any
such person from suit and/or liability for any damage,
loss, injury or liability caused by the intentional or
willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer,
Executive 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 his or her
own counsel; and provided further, that the actual or
alleged act, error or omission did not result from that
person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any
member, 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
having 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
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND
AMENDMENTS
A. The Compact shall come into effect on the date on which
the Compact is enacted into law in the seventh Compact State.
The provisions which become effective at that time shall be
limited to the powers granted to the Commission relating to
assembly and the promulgation of rules. Thereafter, the
Commission shall meet and exercise rulemaking powers necessary
to the implementation and administration of the Compact.
B. Any state which joins the Compact subsequent to the
Commission's initial adoption of the rules shall be subject to
the rules as they exist on the date on which the Compact
becomes law in that state. Any rule which has been previously
adopted by the Commission shall have the full force and effect
of law on the day the Compact becomes law in that state.
C. Any Compact State may withdraw from this Compact by
enacting a statute repealing the same.
1. A Compact State's withdrawal shall not take effect

until six (6) months after enactment of the repealing
statute.
2. Withdrawal shall not affect the continuing
requirement of the withdrawing State's Psychology
Regulatory Authority to comply with the investigative and
adverse action reporting requirements of this act prior to
the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to
invalidate or prevent any psychology licensure agreement or
other cooperative arrangement between a Compact State and a
Non-Compact State which does not conflict with the provisions
of this Compact.
E. This Compact may be amended by the Compact States. No
amendment to this Compact shall become effective and binding
upon any Compact State until it is enacted into the law of all
Compact States.
ARTICLE XIV
CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to
effectuate the purposes thereof. If this Compact shall be held
contrary to the constitution of any state member thereto, the
Compact shall remain in full force and effect as to the
remaining Compact States.
Section 90. The Clinical Psychologist Licensing Act is

amended by adding Section 11.11 as follows:
(225 ILCS 15/11.11 new)
Sec. 11.11. Psychology Interjurisdictional Compact Act. A
clinical psychologist licensed under this Act is subject to the
provisions of the Psychology Interjurisdictional Compact Act.
Section 99. Effective date. This Act takes effect January
1, 2020.