Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 106 (2017GS)

Sponsor

Sen. Shiozawa, B.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates a chapter in the Occupations and Professions Code to establish the Psychologist Interjurisdictional Compact; and
• provides administrative rulemaking authority to the Division of Occupational and Professional Licensing to implement the multi-state compact.

Every vote on this bill

Bill text

PSYCHOLOGY INTERJURISDICTIONAL COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian E. Shiozawa
House Sponsor: 
 Edward H. Redd
LONG TITLE
General Description:
This bill enacts a multi-state compact for psychologist telehealth.
Highlighted Provisions:
This bill:
▸ creates a chapter in the Occupations and Professions Code to establish the
Psychologist Interjurisdictional Compact; and
▸ provides administrative rulemaking authority to the Division of Occupational and
Professional Licensing to implement the multi-state compact.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
58-61b-101
, Utah Code Annotated 1953
58-61b-102
, Utah Code Annotated 1953
58-61b-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-61b-101
 is enacted to read:
CHAPTER 61b. PSYCHOLOGY INTERJURISDICTIONAL COMPACT
 58-61b-101.
Title.
This chapter is known as the "Psychology Interjurisdictional Compact."
Section 2. Section 
58-61b-102
 is enacted to read:
 58-61b-102.
Psychology Interjurisdictional Compact.
The Psychology Interjurisdictional Compact is enacted and entered into with all other
jurisdictions that legally join in the compact, which is, in form, substantially as follows:
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;
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;
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 in which the psychologist is not licensed to practice psychology;
2. Enhance the states' ability to protect the public's health and safety, especially
client/patient safety;
3. Encourage the cooperation of Compact States in the areas of psychology licensure
and regulation;
4. Facilitate the exchange of information between Compact States regarding
psychologist licensure, adverse actions, and disciplinary history;
5. Promote compliance with the laws governing psychological practice in each
Compact State; 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 do 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,
or the District of Columbia.
Z. "State Psychology Regulatory Authority" means: the Board, office, or other agency
with the legislative mandate to license and regulate the practice of psychology.
AA. "Telepsychology" means: the provision of psychological services using
telecommunication technologies.
BB. "Temporary Authorization to Practice" means: a licensed psychologist's authority
to conduct temporary in-person, face-to-face practice, within the limits authorized under this
Compact, in another Compact State.
CC. "Temporary In-Person, Face-to-Face Practice" means: where a psychologist is
physically present (not through the use of telecommunications technologies), in the Distant
State to provide for the practice of psychology for 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 Article IV, Subsection
B.1.a., 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 degrees; and
j. The program includes an acceptable residency as defined by the Rules of the
Commission.
3. Possess a current, full, and unrestricted license to practice psychology in a Home
State which is a Compact State;
4. Have no history of adverse action that violates the Rules of the Commission;
5. Have no criminal record history reported on an Identity History Summary that
violates the Rules of the Commission;
6. Possess a current, active E.Passport;
7. Provide attestations in regard to areas of intended practice, conformity with
standards of practice, and 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 or another Compact State, or any
Authority to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted,
suspended, or otherwise limited, the E.Passport shall be revoked and 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 Article V, Subsection
B.1.a., 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 degrees; and
j. The program includes an acceptable residency as defined by the Rules of the
Commission.
3. Possess a current, full, and unrestricted license to practice psychology in a Home
State which is a Compact State;
4. No history of adverse action that violates 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 or 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; and
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 to Practice which occurred in that Distant State as it
would if such conduct had occurred by a licensee within the Home State. In such cases, 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 Article VII, Section C.
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 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 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; and
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, and 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 and 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 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 U.S. 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 3. Section 
58-61b-103
 is enacted to read:
 58-61b-103.
Rulemaking Authority.
The division may make administrative rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to implement Section 
58-61b-102
.
Legislative Review Note
Office of Legislative Research and General Counsel