Bill Text: MS SB2157 | 2024 | Regular Session | Engrossed
Bill Title: Psychology Interjurisdictional Compact; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-08 - Approved by Governor [SB2157 Detail]
Download: Mississippi-2024-SB2157-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Fillingane
Senate Bill 2157
(As Passed the Senate)
AN ACT TO ENACT THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-31-7, 73-31-13, 73-31-14, 73-31-15, 73-31-21 AND 73-31-23, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF THE ACT; TO BRING FORWARD SECTIONS 73-31-9, 73-31-25 AND 73-31-27, MISSISSIPPI CODE OF 1972, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Psychology Interjurisdictional Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms, in the form substantially as follows:
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
ARTICLE I.
PURPOSE.
Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, this Compact is intended to regulate the day-to-day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state; and
Whereas, this Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and Whereas, this Compact does not apply when a psychologist is licensed in both the home and receiving states; and
Whereas, this Compact does not apply to permanent in-person, face-to-face practice, but 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.
As used in this Compact, the following terms have the following meanings:
1. "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.
2. "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.
3. "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.
4. "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X of the Compact for its governance, or for directing and controlling its actions and conduct.
5. "Client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, and/or consulting services.
6. "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to Article X of the Compact.
7. "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 of the Compact or been terminated pursuant to Article XII, Section B of the Compact.
8. "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.
9. "Confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.
10. "Day" means any part of a day in which psychological work is performed.
11. "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.
12. "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.
13. "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.
14. "Home state" means a Compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one (1) 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 (1) Compact state and is practicing under the temporary authorization to practice, the home state is any Compact state where the psychologist is licensed.
15. "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.
16. "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.
17. "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.
18. "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
19. "Non-Compact state" means any state that is not at the time a Compact state.
20. "Psychologist" means an individual licensed for the independent practice of psychology.
21. "Psychology Interjurisdictional Compact Commission" also referred to as "commission" means the national administration of which all Compact states are members.
22. "Receiving state" means a Compact state where the client/patient is physically located when the telepsychological services are delivered.
23. "Rule" means a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to Article XI of the Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a Compact state, and includes the amendment, repeal or suspension of an existing rule.
24. "Significant investigatory information" means:
a. 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
b. 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.
25. "State" means a state, commonwealth, territory, or possession of the United States, the District of Columbia.
26. "State psychology regulatory authority" means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
27. "Telepsychology" means the provision of psychological services using telecommunication technologies.
28. "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.
29. "Temporary in-person, face-to-face practice" means where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for thirty (30) days within a calendar year and based on notification to the distant state.
ARTICLE III.
HOME STATE LICENSURE.
A. The home state shall be a Compact state where a psychologist is licensed to practice psychology.
B. A psychologist may hold one or more Compact state licenses at a time. If the psychologist is licensed in more than one (1) 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, or other designee with similar authority, no later than ten (10) years after activation of the Compact; and
5. Complies with the bylaws and rules of the commission.
F. A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the Compact state:
1. Currently requires the psychologist to hold an active IPC;
2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;
3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than ten (10) years after activation of the Compact; and
5. Complies with the bylaws and rules of the commission.
ARTICLE IV.
COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY.
A. Compact states shall recognize the right of a psychologist, licensed in a Compact state in conformance with Article III of the Compact, 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 United States 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 paragraph a. of this subsection 1 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;
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degree and a minimum of one (1) 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 of the Compact, 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 United States 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 paragraph a. of this subsection 1 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;
2. Hold a graduate degree in psychology that meets the following criteria:
a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
d. The program must consist of an integrated, organized sequence of study;
e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
f. The designated director of the program must be a psychologist and a member of the core faculty;
g. The program must have an identifiable body of students who are matriculated in that program for a degree;
h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
i. The curriculum shall encompass a minimum of three (3) academic years of full-time graduate study for doctoral degrees and a minimum of one (1) 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 in 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 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. If 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 nonpublic 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 if a Compact state imposes an adverse action pursuant to Section C of this Article.
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.
B. 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 the 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. Nonconfidential 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 (1) 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 of the Compact.
6. The commission may convene in a closed, nonpublic meeting if the commission must discuss:
a. Noncompliance of a Compact state with its obligations under the Compact;
b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation against the commission;
d. Negotiation of contracts for the purchase or sale of goods, services or real estate;
e. Accusation against any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement purposes;
i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal and state statute.
7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
C. The commission shall, by a majority vote of the commissioners, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including, but not limited to:
1. Establishing the fiscal year of the commission;
2. Providing reasonable standards and procedures:
a. For the establishment and meetings of other committees; and
b. Governing any general or specific delegation of any authority or function of the commission;
3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public, in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any Compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
6. Promulgating a Code of Ethics to address permissible and prohibited activities of commission members and employees;
7. Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
8. The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact states;
9. The commission shall maintain its financial records in accordance with the bylaws; and
10. The commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.
D. The commission shall have the following powers:
1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all Compact states;
2. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a Compact state;
5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
12. To provide and receive information from, and to cooperate with, law enforcement agencies;
13. To adopt and use an official seal; and
14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
E. The executive board.
The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this Compact.
1. The executive board shall be comprised of six (6) members:
a. Five (5) voting members who are elected from the current membership of the commission by the commission;
b. One 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 the 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 before 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 the act 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 under this Compact. 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. Before 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. Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons who submit comments independently of each other;
2. A governmental subdivision or agency; or
3. A duly appointed person in an association that has at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
4. Nothing in this 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 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 article 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 before 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 under this Compact 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 United States 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. If 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.
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 after 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 before 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 2. Section 73-31-7, Mississippi Code of 1972, is amended as follows:
73-31-7. (1) The board shall annually elect officers from its membership. The board shall meet at any other times as it deems necessary or advisable, or as deemed necessary and advisable by the chairman or a majority of its members or the Governor. Reasonable notice of all meetings shall be given in the manner prescribed by the board. A majority of the board shall constitute a quorum at any meeting or hearing. Any meeting at which the chairman is not present shall be chaired by his designee.
(2) The board is authorized and empowered to:
(a) Adopt and, from time to time, revise any rules and regulations not inconsistent with, and as may be necessary to carry into effect the provisions of this chapter.
(b) Within the funds available, employ and/or contract with a stenographer and other personnel, and contract for services, as are necessary for the proper performance of its work under this chapter.
(c) Adopt a seal, and the executive secretary or board administrator shall have the care and custody thereof.
(d) Examine, license, and renew the license of duly qualified applicants.
(e) Conduct hearings upon complaints concerning the disciplining or licensing of applicants and psychologists.
(f) Deny, approve, withhold, revoke, suspend and/or otherwise discipline applicants and licensed psychologists.
(g) Issue an educational letter to a licensee in order to assist that individual in his or her practice as a psychologist. Such a letter will not be considered to be disciplinary action.
(h) Cause the prosecution and enjoinder of all persons violating this chapter, and incur necessary expenses therefor.
(i) Charge a fee of not more than Seven Hundred Dollars ($700.00) to a qualified psychologist as determined by the board who is applying for certification by the board to conduct examinations in civil commitment proceedings.
(j) Purchase general liability insurance coverage, including errors and omissions insurance, to cover the official actions of the board members and contract personnel and suits against them in their individual capacity. That coverage shall be in an amount determined by the board to be adequate, and the costs of the insurance shall be paid out of any funds available to the board.
(k) As additional responsibilities, effective July 1, 2018, the board shall administer and support the function of the Mississippi Autism Board under Sections 73-75-1 through 73-75-25, relating to the licensure of licensed behavior analysts and licensed assistant behavior analysts.
(l) Grant to persons who are licensed in another state or jurisdiction the authority to practice interjurisdictional telepsychology or the temporary authorization to practice, and regulate the practice of those persons in Mississippi, in accordance with the Psychology Interjurisdictional Compact provided for in Section 1 of this act and this chapter.
(3) Within thirty (30) days after the close of each fiscal year ending June 30, the board shall submit an official report, reviewed and signed by all board members, to the Governor concerning the work of the board during the preceding fiscal year. The report shall include the names of all psychologists to whom licenses have been granted; any cases heard and decisions rendered in relation to the work of the board; the names, remuneration and duties of any employees of the board; and an account of all monies received and expended by the board.
SECTION 3. Section 73-31-9, Mississippi Code of 1972, is brought forward as follows:
73-31-9. (1) All fees from applicants seeking licensing under this chapter and all license renewal fees received under this chapter shall be nonrefundable. The board may charge a late fee for nonrenewal by June 30 of each year.
(2) The board shall charge an application fee to be determined by the board, but not to exceed Seven Hundred Dollars ($700.00), to applicants for licensing, and shall charge the applicant for the expenses incurred by the board for examination of the applicant. The board may increase the application fee as necessary, but may not increase the fee by more than Fifty Dollars ($50.00) above the amount of the previous year's fee.
(3) Except as provided in Section 33-1-39, every licensed psychologist in this state shall annually pay to the board a fee determined by the board, but not to exceed Seven Hundred Dollars ($700.00); and the credentialing coordinator shall thereupon issue a renewal of the license for a term of one (1) year. The board may increase the license renewal fee as necessary, but may not increase the fee by more than Fifty Dollars ($50.00) above the amount of the previous year's fee. The license of any psychologist who fails to renew during the month of June in each and every year shall lapse; the failure to renew the license, however, shall not deprive the psychologist of the right of renewal thereafter. The lapsed license may be renewed within a period of two (2) years after the lapse upon payment of all fees in arrears. A psychologist wishing to renew a license that has been lapsed for more than two (2) years shall be required to reapply for licensure.
(4) Every odd-numbered year, no psychologist license shall be renewed unless the psychologist shows evidence of a minimum of twenty (20) clock hours of continuing education activities approved by the board.
(5) All fees and any other monies received by the board shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose. The monies in the special fund shall be subject to all provisions of the state budget laws that are applicable to special fund agencies, and disbursements from the special fund shall be made by the State Treasurer only upon warrants issued by the State Fiscal Officer upon requisitions signed by the chairman or executive secretary of the board. Any interest earned on this special fund shall be credited by the State Treasurer to the fund and shall not be paid into the State General Fund. Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. The State Auditor shall audit the financial affairs of the board and the transactions involving the special fund at least once a year in the same manner as for other special fund agencies.
SECTION 4. Section 73-31-13, Mississippi Code of 1972, is amended as follows:
73-31-13. The board shall issue a license as a psychologist to each applicant who files an application upon a form and in the manner as the board prescribes, accompanied by the fee as is required by this chapter; and who furnishes evidence satisfactory to the board that he or she:
(a) Is at least twenty-one (21) years of age; and
(b) Is of good moral character. The applicant must have successfully been cleared for licensure through an investigation that consists of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure. For the purposes of this chapter, good moral character includes an absence of felony convictions or misdemeanor convictions involving moral turpitude as established by a criminal background check. Applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose; and
(c) Is not in violation of any of the provisions of this chapter and the rules and regulations adopted under this chapter, and is not currently under investigation by another licensure board; and
(d) Holds a doctoral degree in psychology from an institution of higher education that is: regionally accredited by an accrediting body recognized by the United States Department of Education, or authorized by Provincial statute or Royal Charter to grant doctoral degrees. From a program accredited by the American Psychological Association, or the Canadian Psychological Association, and from a program that requires at least one (1) year of continuous, full-time residence at the educational institution granting the doctoral degree. For graduates from newly established programs seeking accreditation or in areas where no accreditation exists, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board. For applicants graduating from doctoral level psychology training programs outside of the United States of America or Canada, applicants for licensure shall have completed a doctoral program in psychology that meets recognized acceptable professional standards as determined by the board; and
(e) Has completed a supervised internship from a program accredited by the American Psychological Association or the Canadian Psychological Association that meet the standards of training as defined by the board. The internship shall be comprised of at least one thousand eight hundred (1,800) hours of actual work, to include direct service, training and supervisory time; and
(f) Demonstrates professional knowledge by passing written (as used in this paragraph, the term "written" means either paper and pencil or computer-administered or computerized testing) and oral examinations in psychology prescribed by the board; except that upon examination of credentials, the board may, by unanimous consent, consider these credentials adequate evidence of professional knowledge.
Upon investigation of the application and other evidence submitted, the board shall, not less than thirty (30) days before the examination, notify each applicant that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected; if rejected, the notice shall state the reasons for the rejection.
The place of examination shall be designated in advance by the board, and the examination shall be given at such time and place and under such supervision as the board may determine. The examination used by the board shall consist of written tests and oral tests, and shall fairly test the applicant's knowledge and application thereof in those areas deemed relevant by the
board. All examinations serve the purpose of verifying that a candidate for licensure has acquired a basic core of knowledge in the discipline of psychology and can apply that knowledge to the problems confronted in the practice of psychology within the applicant's area of practice.
The board shall evaluate the results from both the written and oral examinations. The passing scores for the written and oral examinations shall be established by the board in its rules and regulations. If an applicant fails to receive a passing score on the entire examination, he or she may reapply and shall be allowed to take a later examination. An applicant who has failed two (2) successive examinations by the board may not reapply until after two (2) years from the date of the last examination failed. The board shall keep the written examination scores, and an accurate transcript of the questions and answers relating to the oral examinations, and the grade assigned to each answer thereof, as part of its records for at least two (2) years after the date of examination.
Persons licensed in another state or jurisdiction applying for the authority to practice interjurisdictional telepsychology must meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 1 of this act.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.
SECTION 5. Section 73-31-14, Mississippi Code of 1972, is amended as follows:
73-31-14. (1) Psychologists who are duly licensed in other jurisdictions and not currently under investigation by another licensure board may, upon application for licensure, apply for a temporary license, which shall be valid until the next administration of the oral examination. The temporary license shall be issued upon the applicant's passage of the Examination for Professional Practice of Psychology (EPPP) at the level established by the board in its rules and regulations and equivalent to that required for permanent licensure. Each applicant for a temporary license shall file an application upon a form and in the manner as the board prescribes, accompanied by a fee equal to the amount required for permanent licensure. A temporary license will lapse for any person who has failed the oral examination or has had his or her license suspended or revoked by the board. Procedures for the issuance of temporary licenses shall be established by the board in its rules and regulations. The issuance of a temporary license to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(2) Psychologists who are duly licensed in other jurisdictions may apply for a temporary practice certificate that allows them to practice psychology on a temporary basis in the State of Mississippi. That practice must be limited in scope and duration, not exceeding thirty (30) days during a consecutive twelve-month period. Applicants for a temporary practice certificate shall provide to the board the nature of the practice before providing that service, and shall make available to the board a current copy of his or her license or verification of a valid license in good standing. Psychologists who receive temporary practice certificates are subject to a jurisprudence examination at the request of the board. This authority for a temporary practice certificate does not apply to a psychologist who has been denied licensure in Mississippi, is a legal resident of Mississippi, or intends to practice full-time or a major portion of their time in Mississippi. Each applicant for a temporary practice certificate shall file an application upon a form and in the manner as the board prescribes, accompanied by a fee in an amount determined by the board, but not to exceed Three Hundred Dollars ($300.00).
(3) Applicants awaiting licensure in Mississippi are prohibited from the practice of psychology without a temporary license issued by the board. For the purposes of this subsection, the practice of psychology shall be construed without regard to the means of service provision (e.g., face-to-face, telephone, internet, telehealth).
(4) Persons licensed in another state or jurisdiction applying for the temporary authorization to practice must meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 1 of this act.
SECTION 6. Section 73-31-15, Mississippi Code of 1972, is amended as follows:
73-31-15. (1) Upon application accompanied by the proper fee, the board may issue a license to any psychologist who furnishes, upon a form and in the manner as the board prescribes, evidence satisfactory to the board that he or she is a diplomate in good standing of the American Board of Examiners in Professional Psychology; or possesses a valid Certificate of Professional Qualification (CPQ) granted by the Association of State and Provincial Psychology Boards; or has at least twenty (20) years of licensure to practice in another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico or Canadian Province when that license was based on a doctoral degree; and
(a) Has had no disciplinary sanction during the entire period of licensure; and
(b) Is not currently under investigation by another licensure board; and
(c) Has demonstrated current qualification by successfully passing the oral examination and jurisprudence examination.
(2) The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(3) The board may grant the authority to practice interjurisdictional telepsychology to persons who are licensed in another state or jurisdiction who meet the requirements set out in the Psychology Interjurisdictional Compact provided for in Section 1 of this act.
SECTION 7. Section 73-31-21, Mississippi Code of 1972, is amended as follows:
73-31-21. (1) The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this chapter, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:
(a) Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or
(b) Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or
(c) Is using any substance or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that the use impairs his or her ability to perform the work of a professional psychologist with safety to the public; or
(d) Has impersonated another person holding a psychologist license or allowed another person to use his or her license; or
(e) Has used fraud or deception in applying for a license or in taking an examination provided for in this chapter; or
(f) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or
(g) Has performed psychological services outside of the area of his or her training, experience or competence; or
(h) Has allowed his or her name or license issued under this chapter to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or
(i) Is legally adjudicated mentally incompetent, the record of that adjudication being conclusive evidence thereof; or
(j) Has willfully or negligently violated any of the provisions of this chapter. The board may recover from any person disciplined under this chapter, the costs of investigation, prosecution, and adjudication of the disciplinary action.
(2) Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of the mailing or that service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. For the purpose of the hearing, the board, acting by and through its executive secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licensee, may administer oaths and may take testimony. That testimony, when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the applicant or licensee. At the hearing, the applicant or licensee may appear by counsel and personally in his or her own behalf. Any person sworn and examined by a witness in the hearing shall not be held to answer criminally, nor shall any papers or documents produced by the witness be competent evidence in any criminal proceedings against the witness other than for perjury in delivering his or her evidence. On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of that determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served, unless within that period the applicant or licensee appeals the decision to the chancery court, under the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at the hearing before the board shall be admissible in evidence in court in the appeal.
(3) The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.
(4) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for the applicant or licensee. The order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier. The board may make public its order and judgments in any manner and form as it deems proper. It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel that record.
(5) Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.
(6) Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year. At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license. A person whose license has been revoked under the provisions of this section may reapply for a license after more than two (2) years have elapsed from the date that the denial or revocation is legally effective.
(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(8) The board may issue a nondisciplinary, educational letter to licensees as provided in Section 73-31-7(2)(g). The board may also direct a psychologist to obtain a formal assessment of ability to practice safely if there is reason to believe there may be impairment due to substance abuse or mental incapacity. Licensees who may be impaired, but who are able to practice safely, may be required by the board to seek appropriate treatment and/or supervision. That action by the board in itself will not be considered disciplinary.
(9) The board may discipline any person who has been granted the authority to practice interjurisdictional telepsychology or the temporary authorization to practice under the Psychology Interjurisdictional Compact provided for under Section 1 of this act, for any of the grounds specified in subsection (1) of this section in the same manner as the board disciplines a licensed psychologist under this section.
SECTION 8. Section 73-31-23, Mississippi Code of 1972, is amended as follows:
73-31-23. (1) It shall be a misdemeanor:
(a) For any person not licensed under this chapter to represent himself or herself as a psychologist or practice psychology in the manner described in Section 73-31-3, except as otherwise authorized under the Psychology Interjurisdictional Compact provided for under Section 1 of this act; or
(b) For any person to represent himself or herself as a psychologist or practice psychology in the manner described in Section 73-31-3 during the time that his or her license as a psychologist is suspended or revoked or lapsed; or
(c) For any person to otherwise violate the provisions of this chapter.
That misdemeanor shall be punishable, upon conviction, by imprisonment for not more than sixty (60) days or by a fine of not more than Three Hundred Dollars ($300.00), or by both that fine and imprisonment. Each violation shall be deemed a separate offense. The misdemeanor shall be prosecuted by the district attorney of the judicial district in which the offense was committed in the name of the people of the State of Mississippi.
(2) Any entity, organization or person, including the board, any member of the board, and its agents or employees, acting in good faith and without malice, who makes any report or information available to the board regarding violation of any of the provisions of this chapter, or who assists in the organization, investigation or preparation of any such report or information or assists the board in carrying out any of its duties or functions provided by law, shall be immune from civil or criminal liability for those acts.
The immunity granted under the provisions of this subsection shall not apply to and shall not be available to any psychologist who is the subject of any report or information relating to a violation by the psychologist of the provisions of this
chapter.
SECTION 9. Section 73-31-25, Mississippi Code of 1972, is brought forward as follows:
73-31-25. The board may, in the name of the people of the State of Mississippi, through the Attorney General, except as otherwise authorized in Section 7-5-39, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act declared to be a misdemeanor by this chapter.
If it is established that the defendant has been or is committing an act declared to be a misdemeanor by this chapter, the court, or any judge thereof, shall enter a decree perpetually enjoining the defendant from further committing that act. In case of violation of any injunction issued under the provisions of this section, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. Those injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided for in this chapter.
SECTION 10. Section 73-31-27, Mississippi Code of 1972, is brought forward as follows:
73-31-27. (1) Nothing in this chapter shall be construed to limit:
(a) The activities and services of a student, intern or trainee in psychology pursuing a course of study in psychology at an institution of higher education, if these activities and services constitute a part of his or her supervised course of study; or
(b) The services and activities of members of other professional groups licensed or certified by the State of Mississippi who perform work of a psychological nature consistent with their training, work experience history, and with any code of ethics of their respective professions, provided they do not hold themselves out to be psychologists. Portions of the practice of psychology as defined by this chapter overlap with the activities of other professional groups and it is not the intent of this chapter to regulate the activities of those professional groups.
(2) Individuals certified by the Mississippi State Department of Education may use appropriate titles such as "school psychologist," "certified school psychologist," "educational psychologist" or "psychometrist" only when they are employed by or under contract with a school district and practicing in school or educational settings.
(3) A lecturer employed by an institution of higher learning may use an appropriate academic or research title, provided he or she does not represent himself or herself as a psychologist or practice psychology in the manner described in Section 73-31-3.
SECTION 11. This act shall take effect and be in force from and after its passage.
