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S06883 Summary:

BILL NOS06883
 
SAME ASSAME AS A07947
 
SPONSORORTT
 
COSPNSRGRIFFO, PALUMBO
 
MLTSPNSR
 
Add 7608 & 8413, Ed L; add 3035, Pub Health L
 
Adopts the psychology interjurisdictional compact (Part A); adopts the recognition of emergency medical services personnel licensure interstate compact (Part B); adopts the interstate counseling compact (Part C).
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S06883 Actions:

BILL NOS06883
 
05/12/2023REFERRED TO HIGHER EDUCATION
01/03/2024REFERRED TO HIGHER EDUCATION
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S06883 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6883
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 12, 2023
                                       ___________
 
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT to amend the education law, in relation to adopting the  psychol-
          ogy  interjurisdictional  compact (Part A); to amend the public health
          law, in relation to adopting  the  recognition  of  emergency  medical
          services personnel licensure interstate compact (Part B); and to amend
          the  education  law, in relation to adopting the interstate counseling
          compact (Part C)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law components of legislation relating
     2  to  enacting the psychology interjurisdictional compact, the recognition
     3  of emergency medical services personnel  licensure  interstate  compact,
     4  and   the  interstate  counseling  compact.  Each  component  is  wholly
     5  contained within a Part identified as Parts A through C.  The  effective
     6  date  for  each  particular  provision contained within such Part is set
     7  forth in the last section of such Part. Any  provision  in  any  section
     8  contained within a Part, including the effective date of the Part, which
     9  makes reference to a section "of this act", when used in connection with
    10  that  particular  component,  shall  be  deemed to mean and refer to the
    11  corresponding section of the Part in which it is found. Section three of
    12  this act sets forth the general effective date of this act.
 
    13                                   PART A
 
    14    Section 1. The education law is amended by adding a new  section  7608
    15  to read as follows:
    16    §  7608. Psychology Interjurisdictional Compact. The psychology inter-
    17  jurisdictional compact is hereby enacted into law and entered into  with
    18  all  jurisdictions  legally joining therein in the form substantially as
    19  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11342-01-3

        S. 6883                             2
 
     1                                 ARTICLE I.
     2                                   PURPOSE
 
     3    Whereas,  states license psychologists, in order to protect the public
     4  through verification of education, training and  experience  and  ensure
     5  accountability for professional practice; and
     6    Whereas,  this Compact is intended to regulate the day to day practice
     7  of telepsychology (i.e. the provision of  psychological  services  using
     8  telecommunication technologies) by psychologists across state boundaries
     9  in  the  performance  of  their psychological practice as assigned by an
    10  appropriate authority; and
    11    Whereas, this Compact is intended to regulate the temporary in-person,
    12  face-to-face practice of psychology by psychologists across state bound-
    13  aries for 30 days within a calendar year in  the  performance  of  their
    14  psychological practice as assigned by an appropriate authority;
    15    Whereas,  this Compact is intended to authorize State Psychology Regu-
    16  latory Authorities to afford legal recognition, in a  manner  consistent
    17  with  the  terms  of  the  Compact, to psychologists licensed in another
    18  state;
    19    Whereas, this Compact recognizes that states have a vested interest in
    20  protecting the public's health and safety through  their  licensing  and
    21  regulation  of  psychologists  and  that such state regulation will best
    22  protect public health and safety;
    23    Whereas, this Compact does not apply when a psychologist  is  licensed
    24  in both the Home and Receiving States; and
    25    Whereas,  this Compact does not apply to permanent in-person, face-to-
    26  face practice, it does allow for authorization of  temporary  psycholog-
    27  ical practice.
    28    Consistent  with these principles, this Compact is designed to achieve
    29  the following purposes and objectives:
    30    1. Increase public access to professional  psychological  services  by
    31  allowing  for  telepsychological  practice across state lines as well as
    32  temporary in-person,  face-to-face  services  into  a  state  which  the
    33  psychologist is not licensed to practice psychology;
    34    2.  Enhance  the  states'  ability  to protect the public's health and
    35  safety, especially client/patient safety;
    36    3. Encourage the  cooperation  of  Compact  States  in  the  areas  of
    37  psychology licensure and regulation;
    38    4.  Facilitate  the  exchange  of  information  between Compact States
    39  regarding  psychologist  licensure,  adverse  actions  and  disciplinary
    40  history;
    41    5.  Promote  compliance with the laws governing psychological practice
    42  in each Compact State; and
    43    6. Invest all Compact States  with  the  authority  to  hold  licensed
    44  psychologists  accountable  through  the  mutual  recognition of Compact
    45  State licenses.
 
    46                                 ARTICLE II.
    47                                 DEFINITIONS
 
    48    A. "Adverse Action" means: Any action  taken  by  a  State  Psychology
    49  Regulatory  Authority which finds a violation of a statute or regulation
    50  that is identified by  the  State  Psychology  Regulatory  Authority  as
    51  discipline and is a matter of public record.
    52    B.  "Association  of  State  and Provincial Psychology Boards (ASPPB)"
    53  means: the recognized membership  organization  composed  of  State  and

        S. 6883                             3
 
     1  Provincial  Psychology Regulatory Authorities responsible for the licen-
     2  sure and registration of psychologists throughout the United States  and
     3  Canada.
     4    C. "Authority to Practice Interjurisdictional Telepsychology" means: a
     5  licensed psychologist's authority to practice telepsychology, within the
     6  limits authorized under this Compact, in another Compact State.
     7    D. "Bylaws" means: those Bylaws established by the Psychology Interju-
     8  risdictional  Compact  Commission  pursuant  to Article X for its gover-
     9  nance, or for directing and controlling its actions and conduct.
    10    E. "Client/Patient" means: the recipient  of  psychological  services,
    11  whether  psychological  services are delivered in the context of health-
    12  care, corporate, supervision, and/or consulting services.
    13    F. "Commissioner" means: the voting representative appointed  by  each
    14  State Psychology Regulatory Authority pursuant to Article X.
    15    G. "Compact State" means: a state, the District of Columbia, or United
    16  States territory that has enacted this Compact legislation and which has
    17  not  withdrawn  pursuant  to  Article XIII, Section C or been terminated
    18  pursuant to Article XII, Section B.
    19    H. "Coordinated Licensure Information  System"  also  referred  to  as
    20  "Coordinated  Database"  means:  an  integrated  process for collecting,
    21  storing,  and  sharing  information  on  psychologists'  licensure   and
    22  enforcement  activities  related  to psychology licensure laws, which is
    23  administered by the recognized membership organization composed of State
    24  and Provincial Psychology Regulatory Authorities.
    25    I. "Confidentiality" means: the principle that data or information  is
    26  not  made  available  or  disclosed to unauthorized persons and/or proc-
    27  esses.
    28    J. "Day" means: any part of a  day  in  which  psychological  work  is
    29  performed.
    30    K.  "Distant  State"  means: the Compact State where a psychologist is
    31  physically present (not through the use of telecommunications  technolo-
    32  gies),   to  provide  temporary  in-person,  face-to-face  psychological
    33  services.
    34    L. "E.Passport" means: a certificate  issued  by  the  Association  of
    35  State  and Provincial Psychology Boards (ASPPB) that promotes the stand-
    36  ardization in the criteria of interjurisdictional  telepsychology  prac-
    37  tice  and  facilitates the process for licensed psychologists to provide
    38  telepsychological services across state lines.
    39    M. "Executive Board" means: a group of directors elected or  appointed
    40  to  act  on  behalf  of,  and  within the powers granted to them by, the
    41  Commission.
    42    N. "Home State"  means:  a  Compact  State  where  a  psychologist  is
    43  licensed to practice psychology. If the psychologist is licensed in more
    44  than  one  Compact  State  and  is practicing under the Authorization to
    45  Practice Interjurisdictional  Telepsychology,  the  Home  State  is  the
    46  Compact  State  where  the  psychologist  is physically present when the
    47  telepsychological  services  are  delivered.  If  the  psychologist   is
    48  licensed  in  more  than  one  Compact State and is practicing under the
    49  Temporary Authorization to Practice, the Home State is any Compact State
    50  where the psychologist is licensed.
    51    O. "Identity History Summary" means: a summary of information retained
    52  by the FBI, or other designee with similar authority, in connection with
    53  arrests and, in some instances, federal employment,  naturalization,  or
    54  military service.
    55    P. "In-Person, Face-to-Face" means: interactions in which the psychol-
    56  ogist  and  the  client/patient are in the same physical space and which

        S. 6883                             4
 
     1  does not include interactions that may occur through the use of telecom-
     2  munication technologies.
     3    Q.  "Interjurisdictional  Practice Certificate (IPC)" means: a certif-
     4  icate issued by the  Association  of  State  and  Provincial  Psychology
     5  Boards  (ASPPB)  that  grants  temporary  authority to practice based on
     6  notification to the State Psychology Regulatory Authority  of  intention
     7  to  practice  temporarily,  and verification of one's qualifications for
     8  such practice.
     9    R.  "License" means: authorization by a  State  Psychology  Regulatory
    10  Authority  to  engage  in  the independent practice of psychology, which
    11  would be unlawful without the authorization.
    12    S. "Non-Compact State" means: any State which is not  at  the  time  a
    13  Compact State.
    14    T.  "Psychologist"  means:  an individual licensed for the independent
    15  practice of psychology.
    16    U. "Psychology Interjurisdictional Compact Commission"  also  referred
    17  to  as  "Commission"  means:  the  national  administration of which all
    18  Compact States are members.
    19    V. "Receiving State" means: a Compact State where  the  client/patient
    20  is physically located when the telepsychological services are delivered.
    21    W.  "Rule" means: a written statement by the Psychology Interjurisdic-
    22  tional Compact Commission promulgated pursuant to  Article  XI  of  this
    23  Compact  that  is  of  general applicability, implements, interprets, or
    24  prescribes a policy or provision of this Compact, or an  organizational,
    25  procedural,  or practice requirement of the Commission and has the force
    26  and effect of statutory law in a Compact State, and includes the  amend-
    27  ment, repeal or suspension of an existing rule.
    28    X.  "Significant Investigatory Information" means:
    29    1.  investigative  information  that  a  State  Psychology  Regulatory
    30  Authority, after a preliminary inquiry that includes notification and an
    31  opportunity to respond if required by state law, has reason to  believe,
    32  if proven true, would indicate more than a violation of state statute or
    33  ethics code that would be considered more substantial than minor infrac-
    34  tion; or
    35    2.  investigative  information  that  indicates  that the psychologist
    36  represents an immediate threat to public health and safety regardless of
    37  whether the psychologist has been notified and/or had an opportunity  to
    38  respond.
    39    Y.  "State"  means: a state, commonwealth, territory, or possession of
    40  the United States, the District of Columbia.
    41    Z. "State Psychology Regulatory Authority" means: the Board, office or
    42  other agency with the legislative mandate to license  and  regulate  the
    43  practice of psychology.
    44    AA.  "Telepsychology"  means:  the provision of psychological services
    45  using telecommunication technologies.
    46    BB.  "Temporary Authorization to Practice" means: a licensed  psychol-
    47  ogist's authority to conduct temporary in-person, face-to-face practice,
    48  within  the  limits  authorized  under  this Compact, in another Compact
    49  State.
    50    CC.  "Temporary  In-Person,  Face-to-Face  Practice"  means:  where  a
    51  psychologist  is physically present (not through the use of telecommuni-
    52  cations technologies), in the Distant State to provide for the  practice
    53  of  psychology for 30 days within a calendar year and based on notifica-
    54  tion to the Distant State.

        S. 6883                             5
 
     1                                ARTICLE III.
     2                            HOME STATE LICENSURE
 
     3    A.  The  Home  State  shall be a Compact State where a psychologist is
     4  licensed to practice psychology.
     5    B. A psychologist may hold one or more Compact  State  licenses  at  a
     6  time.  If  the  psychologist is licensed in more than one Compact State,
     7  the Home State is the Compact State where the psychologist is physically
     8  present when the services are delivered as authorized by  the  Authority
     9  to  Practice  Interjurisdictional Telepsychology under the terms of this
    10  Compact.
    11    C. Any  Compact  State  may  require  a  psychologist  not  previously
    12  licensed in a Compact State to obtain and retain a license to be author-
    13  ized to practice in the Compact State under circumstances not authorized
    14  by  the  Authority  to Practice Interjurisdictional Telepsychology under
    15  the terms of this Compact.
    16    D. Any Compact State may require a psychologist to obtain and retain a
    17  license to be authorized to practice in a Compact  State  under  circum-
    18  stances  not authorized by Temporary Authorization to Practice under the
    19  terms of this Compact.
    20    E. A Home State's license authorizes a psychologist to practice  in  a
    21  Receiving  State  under  the  Authority  to Practice Interjurisdictional
    22  Telepsychology only if the Compact State:
    23    1. Currently requires the psychologist to hold an active E.Passport;
    24    2. Has a mechanism in place for receiving and investigating complaints
    25  about licensed individuals;
    26    3. Notifies the Commission, in compliance with the  terms  herein,  of
    27  any  adverse action or significant investigatory information regarding a
    28  licensed individual;
    29    4. Requires an Identity History Summary of all applicants  at  initial
    30  licensure,  including  the  use  of the results of fingerprints or other
    31  biometric data checks compliant with the  requirements  of  the  Federal
    32  Bureau  of  Investigation,  or other designee with similar authority, no
    33  later than ten years after activation of this Compact; and
    34    5. Complies with the Bylaws and Rules of the Commission.
    35    F. A Home State's license grants Temporary Authorization  to  Practice
    36  to a psychologist in a Distant State only if the Compact State:
    37    1. Currently requires the psychologist to hold an active IPC;
    38    2. Has a mechanism in place for receiving and investigating complaints
    39  about licensed individuals;
    40    3.  Notifies  the  Commission, in compliance with the terms herein, of
    41  any adverse action or significant investigatory information regarding  a
    42  licensed individual;
    43    4.  Requires  an Identity History Summary of all applicants at initial
    44  licensure, including the use of the results  of  fingerprints  or  other
    45  biometric  data  checks  compliant  with the requirements of the Federal
    46  Bureau of Investigation, or other designee with  similar  authority,  no
    47  later than ten years after activation of this Compact; and
    48    5. Complies with the Bylaws and Rules of the Commission.
 
    49                                 ARTICLE IV.
    50                COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
 
    51    A.  Compact  States  shall  recognize  the  right  of  a psychologist,
    52  licensed in a Compact State in conformance  with  Article  III  of  this
    53  Compact,  to  practice telepsychology in other Compact States (Receiving

        S. 6883                             6
 
     1  States) in which the psychologist is not licensed, under  the  Authority
     2  to  Practice  Interjurisdictional  Telepsychology  as  provided  in this
     3  Compact.
     4    B.  To exercise the Authority to Practice Interjurisdictional Telepsy-
     5  chology under the terms and provisions of this Compact,  a  psychologist
     6  licensed to practice in a Compact State must:
     7    1.  Hold  a  graduate degree in psychology from an institute of higher
     8  education that was, at the time the degree was awarded:
     9    a. Regionally accredited by an accrediting body recognized by the U.S.
    10  Department of Education to grant  graduate  degrees,  or  authorized  by
    11  Provincial Statute or Royal Charter to grant doctoral degrees; or
    12    b.  A  foreign  college or university deemed to be equivalent to 1 (a)
    13  above by a foreign credential evaluation service that is a member of the
    14  National Association of Credential Evaluation Services (NACES) or  by  a
    15  recognized foreign credential evaluation service; and
    16    2.  Hold  a  graduate  degree  in  psychology that meets the following
    17  criteria:
    18    a. The program, wherever it may be administratively  housed,  must  be
    19  clearly  identified  and labeled as a psychology program. Such a program
    20  must specify in pertinent institutional  catalogues  and  brochures  its
    21  intent to educate and train professional psychologists;
    22    b.  The  psychology  program  must  stand as a recognizable, coherent,
    23  organizational entity within the institution;
    24    c. There must be a clear authority and primary responsibility for  the
    25  core and specialty areas whether or not the program cuts across adminis-
    26  trative lines;
    27    d.  The  program  must consist of an integrated, organized sequence of
    28  study;
    29    e. There must be an identifiable psychology faculty sufficient in size
    30  and breadth to carry out its responsibilities;
    31    f. The designated director of the program must be a psychologist and a
    32  member of the core faculty;
    33    g. The program must have an identifiable  body  of  students  who  are
    34  matriculated in that program for a degree;
    35    h. The program must include supervised practicum, internship, or field
    36  training appropriate to the practice of psychology;
    37    i. The curriculum shall encompass a minimum of three academic years of
    38  full-time  graduate  study  for  doctoral  degree  and  a minimum of one
    39  academic year of full-time graduate study for master's degree;
    40    j. The program includes an acceptable  residency  as  defined  by  the
    41  Rules of the Commission.
    42    3.  Possess  a  current,  full  and  unrestricted  license to practice
    43  psychology in a Home State which is a Compact State;
    44    4. Have no history of adverse action that violate  the  Rules  of  the
    45  Commission;
    46    5.  Have  no  criminal  record history reported on an Identity History
    47  Summary that violates the Rules of the Commission;
    48    6. Possess a current, active E.Passport;
    49    7. Provide attestations in  regard  to  areas  of  intended  practice,
    50  conformity  with  standards  of  practice,  competence in telepsychology
    51  technology; criminal background; and knowledge and  adherence  to  legal
    52  requirements  in the home and receiving states, and provide a release of
    53  information to allow for primary source verification in a manner  speci-
    54  fied by the Commission; and
    55    8. Meet other criteria as defined by the Rules of the Commission.

        S. 6883                             7
 
     1    C. The Home State maintains authority over the license of any psychol-
     2  ogist  practicing into a Receiving State under the Authority to Practice
     3  Interjurisdictional Telepsychology.
     4    D. A psychologist practicing into a Receiving State under the Authori-
     5  ty to Practice Interjurisdictional Telepsychology will be subject to the
     6  Receiving  State's  scope of practice. A Receiving State may, in accord-
     7  ance with that state's due process law, limit or revoke a psychologist's
     8  Authority to Practice Interjurisdictional Telepsychology in the  Receiv-
     9  ing  State  and may take any other necessary actions under the Receiving
    10  State's applicable law to protect the health and safety of the Receiving
    11  State's citizens. If a Receiving State takes  action,  the  state  shall
    12  promptly notify the Home State and the Commission.
    13    E.  If  a  psychologist's  license  in any Home State, another Compact
    14  State, or any Authority to Practice  Interjurisdictional  Telepsychology
    15  in  any  Receiving State, is restricted, suspended or otherwise limited,
    16  the E.Passport shall be revoked and therefore the psychologist shall not
    17  be eligible to practice telepsychology in  a  Compact  State  under  the
    18  Authority to Practice Interjurisdictional Telepsychology.
 
    19                                 ARTICLE V.
    20                 COMPACT TEMPORARY AUTHORIZATION TO PRACTICE
 
    21    A.  Compact  States  shall also recognize the right of a psychologist,
    22  licensed in a Compact State in conformance with Article III, to practice
    23  temporarily in other  Compact  States  (Distant  States)  in  which  the
    24  psychologist is not licensed, as provided in the Compact.
    25    B. To exercise the Temporary Authorization to Practice under the terms
    26  and provisions of this Compact, a psychologist licensed to practice in a
    27  Compact State must:
    28    1.  Hold  a  graduate degree in psychology from an institute of higher
    29  education that was, at the time the degree was awarded:
    30    a. Regionally accredited by an accrediting body recognized by the U.S.
    31  Department of Education to grant  graduate  degrees,  or  authorized  by
    32  Provincial Statute or Royal Charter to grant doctoral degrees; or
    33    b.  A  foreign  college or university deemed to be equivalent to 1 (a)
    34  above by a foreign credential evaluation service that is a member of the
    35  National Association of Credential Evaluation Services (NACES) or  by  a
    36  recognized foreign credential evaluation service; and
    37    2.  Hold  a  graduate  degree  in  psychology that meets the following
    38  criteria:
    39    a. The program, wherever it may be administratively  housed,  must  be
    40  clearly  identified  and labeled as a psychology program. Such a program
    41  must specify in pertinent institutional  catalogues  and  brochures  its
    42  intent to educate and train professional psychologists;
    43    b.  The  psychology  program  must  stand as a recognizable, coherent,
    44  organizational entity within the institution;
    45    c. There must be a clear authority and primary responsibility for  the
    46  core and specialty areas whether or not the program cuts across adminis-
    47  trative lines;
    48    d.  The  program  must consist of an integrated, organized sequence of
    49  study;
    50    e. There must be an identifiable psychology faculty sufficient in size
    51  and breadth to carry out its responsibilities;
    52    f. The designated director of the program must be a psychologist and a
    53  member of the core faculty;

        S. 6883                             8
 
     1    g. The program must have an identifiable  body  of  students  who  are
     2  matriculated in that program for a degree;
     3    h. The program must include supervised practicum, internship, or field
     4  training appropriate to the practice of psychology;
     5    i. The curriculum shall encompass a minimum of three academic years of
     6  full-time  graduate  study  for  doctoral  degrees  and a minimum of one
     7  academic year of full-time graduate study for master's degree; and
     8    j. The program includes an acceptable  residency  as  defined  by  the
     9  Rules of the Commission.
    10    3.  Possess  a  current,  full  and  unrestricted  license to practice
    11  psychology in a Home State which is a Compact State;
    12    4. No history of adverse action that violate the Rules of the  Commis-
    13  sion;
    14    5.  No  criminal record history that violates the Rules of the Commis-
    15  sion;
    16    6. Possess a current, active IPC;
    17    7. Provide attestations in regard to areas of  intended  practice  and
    18  work experience and provide a release of information to allow for prima-
    19  ry source verification in a manner specified by the Commission; and
    20    8. Meet other criteria as defined by the Rules of the Commission.
    21    C.  A psychologist practicing into a Distant State under the Temporary
    22  Authorization to Practice shall practice within the  scope  of  practice
    23  authorized by the Distant State.
    24    D.  A psychologist practicing into a Distant State under the Temporary
    25  Authorization to Practice will be subject to the Distant State's author-
    26  ity and law.  A Distant State may, in accordance with that  state's  due
    27  process law, limit or revoke a psychologist's Temporary Authorization to
    28  Practice  in  the Distant State and may take any other necessary actions
    29  under the Distant State's applicable law to protect the health and safe-
    30  ty of the Distant State's citizens.  If a Distant  State  takes  action,
    31  the state shall promptly notify the Home State and the Commission.
    32    E.  If  a  psychologist's  license  in any Home State, another Compact
    33  State, or any Temporary Authorization to Practice in any Distant  State,
    34  is  restricted, suspended or otherwise limited, the IPC shall be revoked
    35  and therefore the psychologist shall not be eligible to  practice  in  a
    36  Compact State under the Temporary Authorization to Practice.
 
    37                                 ARTICLE VI.
    38         CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE
 
    39    A. A psychologist may practice in a Receiving State under the Authori-
    40  ty  to  Practice Interjurisdictional Telepsychology only in the perform-
    41  ance of the scope of practice for psychology as assigned by an appropri-
    42  ate State Psychology Regulatory Authority, as defined in  the  Rules  of
    43  the Commission, and under the following circumstances:
    44    1. The psychologist initiates a client/patient contact in a Home State
    45  via telecommunications technologies with a client/patient in a Receiving
    46  State;
    47    2.  Other  conditions  regarding telepsychology as determined by Rules
    48  promulgated by the Commission.
 
    49                                ARTICLE VII.
    50                               ADVERSE ACTIONS
 
    51    A. A Home State shall have the power to impose adverse action  against
    52  a psychologist's license issued by the Home State. A Distant State shall

        S. 6883                             9
 
     1  have  the  power  to  take  adverse action on a psychologist's Temporary
     2  Authorization to Practice within that Distant State.
     3    B.  A  Receiving  State  may  take  adverse action on a psychologist's
     4  Authority to Practice  Interjurisdictional  Telepsychology  within  that
     5  Receiving State. A Home State may take adverse action against a psychol-
     6  ogist  based  on  an  adverse  action taken by a Distant State regarding
     7  temporary in-person, face-to-face practice.
     8    C. If a Home State  takes  adverse  action  against  a  psychologist's
     9  license,  that  psychologist's Authority to Practice Interjurisdictional
    10  Telepsychology is terminated and the E.Passport is  revoked.    Further-
    11  more,  that psychologist's Temporary Authorization to Practice is termi-
    12  nated and the IPC is revoked.
    13    1. All Home State disciplinary  orders  which  impose  adverse  action
    14  shall be reported to the Commission in accordance with the Rules promul-
    15  gated by the Commission. A Compact State shall report adverse actions in
    16  accordance with the Rules of the Commission.
    17    2. In the event discipline is reported on a psychologist, the psychol-
    18  ogist  will  not  be eligible for telepsychology or temporary in-person,
    19  face-to-face practice in accordance with the Rules of the Commission.
    20    3. Other actions may be imposed as determined by the Rules promulgated
    21  by the Commission.
    22    D. A Home State's Psychology Regulatory  Authority  shall  investigate
    23  and  take  appropriate  action  with  respect  to reported inappropriate
    24  conduct engaged in by a licensee which occurred in a Receiving State  as
    25  it  would  if  such  conduct  had occurred by a licensee within the Home
    26  State. In such cases, the Home State's law shall control in  determining
    27  any adverse action against a psychologist's license.
    28    E. A Distant State's Psychology Regulatory Authority shall investigate
    29  and  take  appropriate  action  with  respect  to reported inappropriate
    30  conduct engaged in by a psychologist practicing under Temporary Authori-
    31  zation Practice which occurred in that Distant State as it would if such
    32  conduct had occurred by a licensee within the Home State. In such cases,
    33  Distant State's law shall control  in  determining  any  adverse  action
    34  against a psychologist's Temporary Authorization to Practice.
    35    F.  Nothing  in this Compact shall override a Compact State's decision
    36  that a psychologist's participation in an  alternative  program  may  be
    37  used  in lieu of adverse action and that such participation shall remain
    38  non-public if required by the Compact State's law. Compact  States  must
    39  require  psychologists who enter any alternative programs to not provide
    40  telepsychology services under the Authority to  Practice  Interjurisdic-
    41  tional  Telepsychology or provide temporary psychological services under
    42  the Temporary Authorization to  Practice  in  any  other  Compact  State
    43  during the term of the alternative program.
    44    G.  No other judicial or administrative remedies shall be available to
    45  a psychologist in the event a Compact State imposes  an  adverse  action
    46  pursuant to subsection C, above.
 
    47                                ARTICLE VIII.
    48       ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY
    49                            REGULATORY AUTHORITY
 
    50    A.  In addition to any other powers granted under state law, a Compact
    51  State's Psychology Regulatory Authority shall have the  authority  under
    52  this Compact to:
    53    1.  Issue  subpoenas,  for  both  hearings  and  investigations, which
    54  require the attendance and testimony of witnesses and the production  of

        S. 6883                            10
 
     1  evidence.    Subpoenas issued by a Compact State's Psychology Regulatory
     2  Authority for the attendance and  testimony  of  witnesses,  and/or  the
     3  production  of  evidence from another Compact State shall be enforced in
     4  the  latter  state  by any court of competent jurisdiction, according to
     5  that court's practice and procedure in considering subpoenas  issued  in
     6  its  own  proceedings. The issuing State Psychology Regulatory Authority
     7  shall pay any witness fees, travel  expenses,  mileage  and  other  fees
     8  required by the service statutes of the state where the witnesses and/or
     9  evidence are located; and
    10    2.  Issue cease and desist and/or injunctive relief orders to revoke a
    11  psychologist's Authority to Practice Interjurisdictional  Telepsychology
    12  and/or Temporary Authorization to Practice.
    13    3.  During  the  course  of  any investigation, a psychologist may not
    14  change his/her Home State licensure. A Home State Psychology  Regulatory
    15  Authority  is  authorized  to  complete  any pending investigations of a
    16  psychologist and to take any actions appropriate under its law. The Home
    17  State Psychology Regulatory Authority shall promptly report the  conclu-
    18  sions  of  such  investigations to the Commission. Once an investigation
    19  has been completed, and pending the outcome of said  investigation,  the
    20  psychologist  may  change  his/her  Home State licensure. The Commission
    21  shall promptly notify the new  Home  State  of  any  such  decisions  as
    22  provided in the Rules of the Commission. All information provided to the
    23  Commission or distributed by Compact States pursuant to the psychologist
    24  shall  be  confidential,  filed under seal and used for investigatory or
    25  disciplinary matters.  The Commission may create  additional  rules  for
    26  mandated or discretionary sharing of information by Compact States.
 
    27                                 ARTICLE IX.
    28                  COORDINATED LICENSURE INFORMATION SYSTEM
 
    29    A. The Commission shall provide for the development and maintenance of
    30  a  Coordinated  Licensure  Information System (Coordinated Database) and
    31  reporting system containing licensure and disciplinary  action  informa-
    32  tion on all psychologists individuals to whom this Compact is applicable
    33  in all Compact States as defined by the Rules of the Commission.
    34    B. Notwithstanding any other provision of state law to the contrary, a
    35  Compact  State  shall submit a uniform data set to the Coordinated Data-
    36  base on all licensees as  required  by  the  Rules  of  the  Commission,
    37  including:
    38    1. Identifying information;
    39    2. Licensure data;
    40    3. Significant investigatory information;
    41    4. Adverse actions against a psychologist's license;
    42    5.  An  indicator that a psychologist's Authority to Practice Interju-
    43  risdictional Telepsychology and/or Temporary Authorization  to  Practice
    44  is revoked;
    45    6. Non-confidential information related to alternative program partic-
    46  ipation information;
    47    7.  Any  denial of application for licensure, and the reasons for such
    48  denial; and
    49    8. Other information which may facilitate the administration  of  this
    50  Compact, as determined by the Rules of the Commission.
    51    C.  The  Coordinated  Database administrator shall promptly notify all
    52  Compact States of any  adverse  action  taken  against,  or  significant
    53  investigative information on, any licensee in a Compact State.

        S. 6883                            11

     1    D.  Compact  States  reporting information to the Coordinated Database
     2  may designate information that may not be shared with the public without
     3  the express permission of the Compact State reporting the information.
     4    E.  Any  information  submitted  to  the  Coordinated Database that is
     5  subsequently required to be expunged by the law  of  the  Compact  State
     6  reporting  the  information  shall be removed from the Coordinated Data-
     7  base.
 
     8                                 ARTICLE X.
     9         ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT
    10                                 COMMISSION
 
    11    A. The Compact States hereby create and establish a joint public agen-
    12  cy known as the Psychology Interjurisdictional Compact Commission.
    13    1. The Commission is a body politic  and  an  instrumentality  of  the
    14  Compact States.
    15    2.  Venue is proper and judicial proceedings by or against the Commis-
    16  sion shall be brought solely and exclusively in  a  court  of  competent
    17  jurisdiction  where  the  principal office of the Commission is located.
    18  The Commission may waive venue and jurisdictional defenses to the extent
    19  it adopts or consents to participate in alternative  dispute  resolution
    20  proceedings.
    21    3. Nothing in this Compact shall be construed to be a waiver of sover-
    22  eign immunity.
    23    B. Membership, Voting, and Meetings.
    24    1. The Commission shall consist of one voting representative appointed
    25  by  each Compact State who shall serve as that state's Commissioner. The
    26  State Psychology Regulatory Authority shall appoint its  delegate.  This
    27  delegate  shall be empowered to act on behalf of the Compact State. This
    28  delegate shall be limited to:
    29    a. Executive Director, Executive Secretary or similar executive;
    30    b. Current member of the State Psychology Regulatory  Authority  of  a
    31  Compact State; OR
    32    c.  Designee  empowered with the appropriate delegate authority to act
    33  on behalf of the Compact State.
    34    2. Any Commissioner  may  be  removed  or  suspended  from  office  as
    35  provided  by  the  law  of  the  state  from  which  the Commissioner is
    36  appointed. Any vacancy occurring in the Commission shall  be  filled  in
    37  accordance  with  the  laws  of  the  Compact State in which the vacancy
    38  exists.
    39    3. Each Commissioner shall be entitled to one (1) vote with regard  to
    40  the  promulgation  of  Rules  and creation of Bylaws and shall otherwise
    41  have an opportunity to participate in the business and  affairs  of  the
    42  Commission.  A  Commissioner shall vote in person or by such other means
    43  as provided in the Bylaws. The Bylaws  may  provide  for  Commissioners'
    44  participation in meetings by telephone or other means of communication.
    45    4.  The Commission shall meet at least once during each calendar year.
    46  Additional meetings shall be held as set forth in the Bylaws.
    47    5. All meetings shall be open to the  public,  and  public  notice  of
    48  meetings  shall  be given in the same manner as required under the rule-
    49  making provisions in Article XI.
    50    6. The Commission may convene in a closed, non-public meeting  if  the
    51  Commission must discuss:
    52    a.  Non-compliance  of  a Compact State with its obligations under the
    53  Compact;

        S. 6883                            12
 
     1    b.  The  employment,  compensation,  discipline  or  other   personnel
     2  matters,  practices or procedures related to specific employees or other
     3  matters related to the Commission's  internal  personnel  practices  and
     4  procedures;
     5    c.  Current,  threatened, or reasonably anticipated litigation against
     6  the Commission;
     7    d. Negotiation of  contracts  for  the  purchase  or  sale  of  goods,
     8  services or real estate;
     9    e.  Accusation against any person of a crime or formally censuring any
    10  person;
    11    f. Disclosure of trade secrets or commercial or financial  information
    12  which is privileged or confidential;
    13    g.  Disclosure  of  information  of a personal nature where disclosure
    14  would constitute a clearly unwarranted invasion of personal privacy;
    15    h. Disclosure of investigatory records compiled  for  law  enforcement
    16  purposes;
    17    i.  Disclosure  of  information  related  to any investigatory reports
    18  prepared by or on behalf of or  for  use  of  the  Commission  or  other
    19  committee charged with responsibility for investigation or determination
    20  of compliance issues pursuant to the Compact; or
    21    j.  Matters specifically exempted from disclosure by federal and state
    22  statute.
    23    7. If a meeting, or portion of a meeting, is closed pursuant  to  this
    24  provision, the Commission's legal counsel or designee shall certify that
    25  the  meeting  may  be closed and shall reference each relevant exempting
    26  provision. The Commission shall keep minutes  which  fully  and  clearly
    27  describe all matters discussed in a meeting and shall provide a full and
    28  accurate  summary  of  actions taken, of any person participating in the
    29  meeting, and the reasons therefore, including a description of the views
    30  expressed. All documents considered in connection with an  action  shall
    31  be  identified  in  such  minutes. All minutes and documents of a closed
    32  meeting shall remain under seal, subject to release only by  a  majority
    33  vote of the Commission or order of a court of competent jurisdiction.
    34    C.  The  Commission  shall,  by  a majority vote of the Commissioners,
    35  prescribe Bylaws and/or Rules to govern its conduct as may be  necessary
    36  or  appropriate to carry out the purposes and exercise the powers of the
    37  Compact, including but not limited to:
    38    1. Establishing the fiscal year of the Commission;
    39    2. Providing reasonable standards and procedures:
    40    a. for the establishment and meetings of other committees; and
    41    b. governing any general or specific delegation of  any  authority  or
    42  function of the Commission;
    43    3. Providing reasonable procedures for calling and conducting meetings
    44  of  the  Commission,  ensuring reasonable advance notice of all meetings
    45  and providing an opportunity for attendance of such meetings  by  inter-
    46  ested  parties,  with  enumerated  exceptions  designed  to  protect the
    47  public's interest, the privacy of individuals of such  proceedings,  and
    48  proprietary  information,  including  trade  secrets. The Commission may
    49  meet in closed session only after a majority of the  Commissioners  vote
    50  to close a meeting to the public in whole or in part. As soon as practi-
    51  cable,  the  Commission must make public a copy of the vote to close the
    52  meeting revealing the vote of each  Commissioner  with  no  proxy  votes
    53  allowed;
    54    4. Establishing the titles, duties and authority and reasonable proce-
    55  dures for the election of the officers of the Commission;

        S. 6883                            13
 
     1    5. Providing reasonable standards and procedures for the establishment
     2  of  the personnel policies and programs of the Commission. Notwithstand-
     3  ing any civil service or other similar law of  any  Compact  State,  the
     4  Bylaws  shall  exclusively govern the personnel policies and programs of
     5  the Commission;
     6    6. Promulgating a Code of Ethics to address permissible and prohibited
     7  activities of Commission members and employees;
     8    7.  Providing a mechanism for concluding the operations of the Commis-
     9  sion and the equitable disposition of any surplus funds that  may  exist
    10  after  the termination of the Compact after the payment and/or reserving
    11  of all of its debts and obligations;
    12    8. The Commission shall publish its Bylaws in a  convenient  form  and
    13  file a copy thereof and a copy of any amendment thereto, with the appro-
    14  priate agency or officer in each of the Compact States;
    15    9.  The  Commission shall maintain its financial records in accordance
    16  with the Bylaws; and
    17    10. The Commission shall meet and take such actions as are  consistent
    18  with the provisions of this Compact and the Bylaws.
    19    D. The Commission shall have the following powers:
    20    1. The authority to promulgate uniform rules to facilitate and coordi-
    21  nate  implementation  and administration of this Compact. The rule shall
    22  have the force and effect of law and shall be  binding  in  all  Compact
    23  States;
    24    2.  To bring and prosecute legal proceedings or actions in the name of
    25  the Commission, provided that the standing of any State Psychology Regu-
    26  latory Authority or other regulatory  body  responsible  for  psychology
    27  licensure to sue or be sued under applicable law shall not be affected;
    28    3. To purchase and maintain insurance and bonds;
    29    4. To borrow, accept or contract for services of personnel, including,
    30  but not limited to, employees of a Compact State;
    31    5.  To  hire  employees,  elect or appoint officers, fix compensation,
    32  define duties, grant such individuals appropriate authority to carry out
    33  the purposes of the Compact, and to establish the Commission's personnel
    34  policies and programs relating to conflicts of interest,  qualifications
    35  of personnel, and other related personnel matters;
    36    6.  To  accept  any and all appropriate donations and grants of money,
    37  equipment, supplies, materials and services, and to receive, utilize and
    38  dispose of the same; provided that at all  times  the  Commission  shall
    39  strive  to avoid any appearance of impropriety and/or conflict of inter-
    40  est;
    41    7. To lease, purchase, accept appropriate gifts or  donations  of,  or
    42  otherwise  to own, hold, improve or use, any property, real, personal or
    43  mixed; provided that at all times the Commission shall strive  to  avoid
    44  any appearance of impropriety;
    45    8.  To  sell,  convey,  mortgage,  pledge, lease, exchange, abandon or
    46  otherwise dispose of any property real, personal or mixed;
    47    9. To establish a budget and make expenditures;
    48    10. To borrow money;
    49    11. To appoint committees, including advisory committees comprised  of
    50  Members,  State  regulators, State legislators or their representatives,
    51  and consumer representatives, and such other interested persons  as  may
    52  be designated in this Compact and the Bylaws;
    53    12.  To  provide  and receive information from, and to cooperate with,
    54  law enforcement agencies;
    55    13. To adopt and use an official seal; and

        S. 6883                            14
 
     1    14. To perform such other functions as may be necessary or appropriate
     2  to achieve the purposes of this Compact consistent with the state  regu-
     3  lation  of psychology licensure, temporary in-person, face-to-face prac-
     4  tice and telepsychology practice.
     5    E. The Executive Board.
     6    The  elected  officers shall serve as the Executive Board, which shall
     7  have the power to act on behalf of the Commission according to the terms
     8  of this Compact.
     9    1. The Executive Board shall be comprised of six members:
    10    a. Five voting members who are elected from the current membership  of
    11  the Commission by the Commission;
    12    b.  One  ex-officio,  nonvoting  member from the recognized membership
    13  organization composed of  State  and  Provincial  Psychology  Regulatory
    14  Authorities.
    15    2.  The  ex-officio  member  must  have served as staff or member on a
    16  State Psychology Regulatory  Authority  and  will  be  selected  by  its
    17  respective organization.
    18    3.  The  Commission  may  remove  any member of the Executive Board as
    19  provided in Bylaws.
    20    4. The Executive Board shall meet at least annually.
    21    5. The Executive Board shall have the following duties  and  responsi-
    22  bilities:
    23    a.  Recommend to the entire Commission changes to the Rules or Bylaws,
    24  changes to this Compact legislation, fees paid by Compact States such as
    25  annual dues, and any other applicable fees;
    26    b. Ensure Compact administration services are appropriately  provided,
    27  contractual or otherwise;
    28    c. Prepare and recommend the budget;
    29    d. Maintain financial records on behalf of the Commission;
    30    e.  Monitor Compact compliance of member states and provide compliance
    31  reports to the Commission;
    32    f. Establish additional committees as necessary; and
    33    g. Other duties as provided in Rules or Bylaws.
    34    F. Financing of the Commission.
    35    1. The Commission shall pay, or provide for the payment of the reason-
    36  able expenses of its establishment, organization and ongoing activities.
    37    2. The Commission may accept any and all appropriate revenue  sources,
    38  donations  and  grants  of  money,  equipment,  supplies,  materials and
    39  services.
    40    3. The Commission may levy on and collect an  annual  assessment  from
    41  each  Compact State or impose fees on other parties to cover the cost of
    42  the operations and activities of the Commission and its staff which must
    43  be in a total amount sufficient to cover its annual budget  as  approved
    44  each year for which revenue is not provided by other sources. The aggre-
    45  gate annual assessment amount shall be allocated based upon a formula to
    46  be  determined  by  the Commission which shall promulgate a rule binding
    47  upon all Compact States.
    48    4. The Commission shall not incur obligations of  any  kind  prior  to
    49  securing  the  funds adequate to meet the same; nor shall the Commission
    50  pledge the credit of any of the Compact States, except by and  with  the
    51  authority of the Compact State.
    52    5.  The  Commission  shall  keep accurate accounts of all receipts and
    53  disbursements.  The receipts and disbursements of the  Commission  shall
    54  be  subject to the audit and accounting procedures established under its
    55  Bylaws. However, all receipts and disbursements of funds handled by  the
    56  Commission  shall  be  audited  yearly by a certified or licensed public

        S. 6883                            15
 
     1  accountant and the report of the audit shall be included in  and  become
     2  part of the annual report of the Commission.
     3    G. Qualified Immunity, Defense, and Indemnification.
     4    1.  The members, officers, Executive Director, employees and represen-
     5  tatives of the Commission shall  be  immune  from  suit  and  liability,
     6  either  personally  or  in  their  official  capacity, for any claim for
     7  damage to or loss of property or personal injury or other civil  liabil-
     8  ity  caused  by  or  arising  out of any actual or alleged act, error or
     9  omission that occurred, or that the person against  whom  the  claim  is
    10  made  had  a reasonable basis for believing occurred within the scope of
    11  Commission employment, duties or responsibilities; provided that nothing
    12  in this paragraph shall be construed to protect  any  such  person  from
    13  suit  and/or  liability for any damage, loss, injury or liability caused
    14  by the intentional or willful or wanton misconduct of that person.
    15    2. The Commission shall defend any member, officer,  Executive  Direc-
    16  tor,  employee  or  representative of the Commission in any civil action
    17  seeking to impose liability arising out of any actual  or  alleged  act,
    18  error  or  omission that occurred within the scope of Commission employ-
    19  ment, duties or responsibilities, or that the person  against  whom  the
    20  claim  is  made had a reasonable basis for believing occurred within the
    21  scope of Commission employment,  duties  or  responsibilities;  provided
    22  that  nothing  herein  shall  be  construed to prohibit that person from
    23  retaining his or her own counsel; and provided further, that the  actual
    24  or  alleged  act,  error  or  omission did not result from that person's
    25  intentional or willful or wanton misconduct.
    26    3. The Commission shall indemnify and hold harmless any member,  offi-
    27  cer,  Executive  Director,  employee or representative of the Commission
    28  for the amount of any  settlement  or  judgment  obtained  against  that
    29  person  arising out of any actual or alleged act, error or omission that
    30  occurred within the scope of Commission employment, duties or  responsi-
    31  bilities,  or  that  such  person  had  a reasonable basis for believing
    32  occurred within the scope of Commission employment, duties or  responsi-
    33  bilities, provided that the actual or alleged act, error or omission did
    34  not  result from the intentional or willful or wanton misconduct of that
    35  person.
 
    36                                 ARTICLE XI.
    37                                 RULEMAKING
 
    38    A. The Commission shall exercise its rulemaking powers pursuant to the
    39  criteria set forth in this Article and  the  Rules  adopted  thereunder.
    40  Rules  and  amendments  shall become binding as of the date specified in
    41  each rule or amendment.
    42    B. If a majority of the legislatures of the Compact States  rejects  a
    43  rule, by enactment of a statute or resolution in the same manner used to
    44  adopt the Compact, then such rule shall have no further force and effect
    45  in any Compact State.
    46    C.  Rules  or amendments to the rules shall be adopted at a regular or
    47  special meeting of the Commission.
    48    D. Prior to promulgation and adoption of a final rule or Rules by  the
    49  Commission,  and  at  least sixty (60) days in advance of the meeting at
    50  which the rule will be considered and voted upon, the  Commission  shall
    51  file a Notice of Proposed Rulemaking:
    52    1. On the website of the Commission; and

        S. 6883                            16
 
     1    2.  On  the  website  of  each  Compact  States' Psychology Regulatory
     2  Authority or the publication in which each state would otherwise publish
     3  proposed rules.
     4    E. The Notice of Proposed Rulemaking shall include:
     5    1.  The  proposed time, date, and location of the meeting in which the
     6  rule will be considered and voted upon;
     7    2. The text of the proposed rule or amendment and the reason  for  the
     8  proposed rule;
     9    3.  A  request  for  comments on the proposed rule from any interested
    10  person; and
    11    4. The manner in which interested persons may  submit  notice  to  the
    12  Commission of their intention to attend the public hearing and any writ-
    13  ten comments.
    14    F.  Prior  to  adoption of a proposed rule, the Commission shall allow
    15  persons to submit written data, facts,  opinions  and  arguments,  which
    16  shall be made available to the public.
    17    G.  The  Commission  shall  grant  an opportunity for a public hearing
    18  before it adopts a rule or amendment if a hearing is requested by:
    19    1. At least twenty-five (25) persons who submit comments independently
    20  of each other;
    21    2. A governmental subdivision or agency; or
    22    3. A duly appointed person in an association that has having at  least
    23  twenty-five (25) members.
    24    H. If a hearing is held on the proposed rule or amendment, the Commis-
    25  sion  shall  publish  the  place, time, and date of the scheduled public
    26  hearing.
    27    1. All persons wishing to be heard at the  hearing  shall  notify  the
    28  Executive Director of the Commission or other designated member in writ-
    29  ing  of  their desire to appear and testify at the hearing not less than
    30  five (5) business days before the scheduled date of the hearing.
    31    2. Hearings shall be conducted in a manner providing each  person  who
    32  wishes to comment a fair and reasonable opportunity to comment orally or
    33  in writing.
    34    3.  No transcript of the hearing is required, unless a written request
    35  for a transcript is made, in which case the person requesting the  tran-
    36  script  shall bear the cost of producing the transcript. A recording may
    37  be made in lieu of a transcript under the same terms and conditions as a
    38  transcript. This subsection  shall  not  preclude  the  Commission  from
    39  making a transcript or recording of the hearing if it so chooses.
    40    4.  Nothing in this section shall be construed as requiring a separate
    41  hearing on each rule. Rules may be grouped for the  convenience  of  the
    42  Commission at hearings required by this section.
    43    I.  Following  the scheduled hearing date, or by the close of business
    44  on the scheduled hearing date if the hearing was not held,  the  Commis-
    45  sion shall consider all written and oral comments received.
    46    J.  The  Commission shall, by majority vote of all members, take final
    47  action on the proposed rule and shall determine the  effective  date  of
    48  the  rule,  if  any, based on the rulemaking record and the full text of
    49  the rule.
    50    K. If no written notice of intent to  attend  the  public  hearing  by
    51  interested  parties is received, the Commission may proceed with promul-
    52  gation of the proposed rule without a public hearing.
    53    L. Upon determination that an emergency  exists,  the  Commission  may
    54  consider  and  adopt an emergency rule without prior notice, opportunity
    55  for comment, or hearing, provided that the usual  rulemaking  procedures
    56  provided  in  the  Compact  and  in  this section shall be retroactively

        S. 6883                            17
 
     1  applied to the rule as soon as reasonably possible, in  no  event  later
     2  than  ninety  (90)  days  after  the effective date of the rule. For the
     3  purposes of this provision, an  emergency  rule  is  one  that  must  be
     4  adopted immediately in order to:
     5    1. Meet an imminent threat to public health, safety, or welfare;
     6    2. Prevent a loss of Commission or Compact State funds;
     7    3. Meet a deadline for the promulgation of an administrative rule that
     8  is established by federal law or rule; or
     9    4. Protect public health and safety.
    10    M.  The  Commission  or  an authorized committee of the Commission may
    11  direct revisions to a previously adopted rule or amendment for  purposes
    12  of correcting typographical errors, errors in format, errors in consist-
    13  ency,  or  grammatical  errors.  Public notice of any revisions shall be
    14  posted on the website of the Commission. The revision shall  be  subject
    15  to  challenge by any person for a period of thirty (30) days after post-
    16  ing. The revision may be challenged only on grounds  that  the  revision
    17  results  in  a  material  change to a rule. A challenge shall be made in
    18  writing, and delivered to the Chair of the Commission prior to  the  end
    19  of  the  notice  period. If no challenge is made, the revision will take
    20  effect without further  action.  If  the  revision  is  challenged,  the
    21  revision may not take effect without the approval of the Commission.
 
    22                                ARTICLE XII.
    23                OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
 
    24    A. Oversight.
    25    1.  The  Executive, Legislative and Judicial branches of state govern-
    26  ment in each Compact State shall  enforce  this  Compact  and  take  all
    27  actions  necessary  and appropriate to effectuate the Compact's purposes
    28  and intent. The provisions of this Compact  and  the  rules  promulgated
    29  hereunder shall have standing as statutory law.
    30    2.  All courts shall take judicial notice of the Compact and the rules
    31  in any judicial or administrative proceeding in a Compact State pertain-
    32  ing to the subject matter of this Compact which may affect  the  powers,
    33  responsibilities or actions of the Commission.
    34    3.  The  Commission shall be entitled to receive service of process in
    35  any such proceeding, and shall have standing  to  intervene  in  such  a
    36  proceeding  for  all  purposes. Failure to provide service of process to
    37  the Commission shall render a judgment or order void as to  the  Commis-
    38  sion, this Compact or promulgated rules.
    39    B. Default, Technical Assistance, and Termination.
    40    1.  If the Commission determines that a Compact State has defaulted in
    41  the performance  of  its  obligations  or  responsibilities  under  this
    42  Compact or the promulgated rules, the Commission shall:
    43    a.  Provide  written  notice to the defaulting state and other Compact
    44  States of the nature of the default, the proposed means of remedying the
    45  default and/or any other action to be taken by the Commission; and
    46    b. Provide remedial training and specific technical assistance regard-
    47  ing the default.
    48    2. If a state in default fails to remedy the default,  the  defaulting
    49  state  may  be terminated from the Compact upon an affirmative vote of a
    50  majority of the Compact States, and all rights, privileges and  benefits
    51  conferred  by  this Compact shall be terminated on the effective date of
    52  termination. A remedy of the default  does  not  relieve  the  offending
    53  state  of  obligations  or  liabilities  incurred  during  the period of
    54  default.

        S. 6883                            18
 
     1    3. Termination of membership in the  Compact  shall  be  imposed  only
     2  after all other means of securing compliance have been exhausted. Notice
     3  of  intent  to suspend or terminate shall be submitted by the Commission
     4  to the Governor, the majority and minority  leaders  of  the  defaulting
     5  state's legislature, and each of the Compact States.
     6    4.  A  Compact  State which has been terminated is responsible for all
     7  assessments, obligations and liabilities incurred through the  effective
     8  date  of  termination,  including  obligations  which  extend beyond the
     9  effective date of termination.
    10    5. The Commission shall not bear any costs incurred by the state which
    11  is found to be in default or which has been terminated from the Compact,
    12  unless agreed upon in writing between the Commission and the  defaulting
    13  state.
    14    6.  The  defaulting  state  may appeal the action of the Commission by
    15  petitioning the U.S. District Court for the  state  of  Georgia  or  the
    16  federal  district  where  the  Compact  has  its  principal offices. The
    17  prevailing member shall be awarded all costs of such litigation, includ-
    18  ing reasonable attorney's fees.
    19    C. Dispute Resolution.
    20    1. Upon request by a Compact State, the Commission  shall  attempt  to
    21  resolve disputes related to the Compact which arise among Compact States
    22  and between Compact and Non-Compact States.
    23    2. The Commission shall promulgate a rule providing for both mediation
    24  and  binding  dispute  resolution  for  disputes  that  arise before the
    25  commission.
    26    D. Enforcement.
    27    1. The Commission, in the reasonable exercise of its discretion, shall
    28  enforce the provisions and Rules of this Compact.
    29    2. By majority vote, the Commission may initiate legal action  in  the
    30  United  States  District  Court  for the State of Georgia or the federal
    31  district where the Compact has its principal offices against  a  Compact
    32  State  in  default  to  enforce  compliance  with  the provisions of the
    33  Compact and its promulgated Rules and  Bylaws.  The  relief  sought  may
    34  include  both  injunctive  relief  and  damages.  In  the event judicial
    35  enforcement is necessary, the prevailing member  shall  be  awarded  all
    36  costs of such litigation, including reasonable attorney's fees.
    37    3.  The  remedies  herein  shall  not be the exclusive remedies of the
    38  Commission. The Commission may pursue any other remedies available under
    39  federal or state law.
 
    40                                ARTICLE XIII.
    41        DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL
    42                                   COMPACT
    43         COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS
 
    44    A. The Compact shall come into effect on the date on which the Compact
    45  is enacted into law in the seventh Compact State. The  provisions  which
    46  become  effective at that time shall be limited to the powers granted to
    47  the Commission relating to assembly and the promulgation of rules. Ther-
    48  eafter, the Commission shall meet and exercise rulemaking powers  neces-
    49  sary to the implementation and administration of the Compact.
    50    B.  Any  state  which joins the Compact subsequent to the Commission's
    51  initial adoption of the rules shall be subject  to  the  rules  as  they
    52  exist  on  the  date on which the Compact becomes law in that state. Any
    53  rule which has been previously adopted by the Commission shall have  the

        S. 6883                            19
 
     1  full  force and effect of law on the day the Compact becomes law in that
     2  state.
     3    C.  Any  Compact  State  may  withdraw from this Compact by enacting a
     4  statute repealing the same.
     5    1. A Compact State's withdrawal shall not take effect  until  six  (6)
     6  months after enactment of the repealing statute.
     7    2. Withdrawal shall not affect the continuing requirement of the with-
     8  drawing  State's  Psychology  Regulatory  Authority  to  comply with the
     9  investigative and adverse action  reporting  requirements  of  this  act
    10  prior to the effective date of withdrawal.
    11    D.  Nothing contained in this Compact shall be construed to invalidate
    12  or prevent any  psychology  licensure  agreement  or  other  cooperative
    13  arrangement  between  a Compact State and a Non-Compact State which does
    14  not conflict with the provisions of this Compact.
    15    E. This Compact may be amended by the Compact States. No amendment  to
    16  this  Compact  shall become effective and binding upon any Compact State
    17  until it is enacted into the law of all Compact States.
 
    18                                ARTICLE XIV.
    19                        CONSTRUCTION AND SEVERABILITY
 
    20    This Compact shall be liberally construed  so  as  to  effectuate  the
    21  purposes  thereof. If this Compact shall be held contrary to the consti-
    22  tution of any state member thereto, the Compact  shall  remain  in  full
    23  force and effect as to the remaining Compact States.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.    Effective  immediately,  the  addition,  amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of  this  act  on  its  effective  date  are  authorized  to be made and
    28  completed on or before such effective date.
 
    29                                   PART B
 
    30    Section 1. The public health law is amended by adding  a  new  section
    31  3035 to read as follows:
    32    §  3035. Recognition of Emergency Medical Services Personnel Licensure
    33  Interstate  Compact.  The  recognition  of  emergency  medical  services
    34  personnel  licensure  interstate  compact is hereby enacted into law and
    35  entered into with all jurisdictions legally joining therein in the  form
    36  substantially as follows:
 
    37        RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE
    38                             INTERSTATE COMPACT
    39                                 SECTION 1.
    40                                   PURPOSE
 
    41    The  purpose  of  this Compact is to facilitate interstate practice of
    42  physical therapy with the goal of improving public  access  to  physical
    43  therapy  services.  The practice of physical therapy occurs in the state
    44  where the patient/client is located at the time  of  the  patient/client
    45  encounter.  The  Compact preserves the regulatory authority of states to
    46  protect public health and safety through the  current  system  of  state
    47  licensure.
    48    This Compact is designed to achieve the following objectives:
    49    1.  Increase  public  access to physical therapy services by providing
    50  for the mutual recognition of other member state licenses;

        S. 6883                            20
 
     1    2. Enhance the states' ability to  protect  the  public's  health  and
     2  safety;
     3    3.  Encourage  the  cooperation  of member states in regulating multi-
     4  state physical therapy practice;
     5    4. Support spouses of relocating military members;
     6    5. Enhance the exchange of licensure, investigative, and  disciplinary
     7  information between member states; and
     8    6.  Allow a remote state to hold a provider of services with a compact
     9  privilege in that state accountable to that state's practice standards.
 
    10                                 SECTION 2.
    11                                 DEFINITIONS
 
    12    As used in this Compact, and except as otherwise provided, the follow-
    13  ing definitions shall apply:
    14    1. "Active Duty Military" means full-time duty status  in  the  active
    15  uniformed  service  of  the  United  States,  including  members  of the
    16  National Guard and Reserve on active duty orders pursuant to  10  U.S.C.
    17  Section 1209 and 1211.
    18    2.  "Adverse  Action"  means  disciplinary  action taken by a physical
    19  therapy licensing board based upon misconduct, unacceptable performance,
    20  or a combination of both.
    21    3. "Alternative Program" means a non-disciplinary monitoring or  prac-
    22  tice remediation process approved by a physical therapy licensing board.
    23  This includes, but is not limited to, substance abuse issues.
    24    4.  "Compact  privilege"  means  the authorization granted by a remote
    25  state to allow a licensee from another member state  to  practice  as  a
    26  physical  therapist  or  work  as  a physical therapist assistant in the
    27  remote state under its laws and rules. The practice of physical  therapy
    28  occurs  in  the  member state where the patient/client is located at the
    29  time of the patient/client encounter.
    30    5.  "Continuing competence" means a requirement,  as  a  condition  of
    31  license  renewal,  to  provide  evidence  of  participation  in,  and/or
    32  completion of, educational and professional activities relevant to prac-
    33  tice or area of work.
    34    6.  "Data system" means a repository of information  about  licensees,
    35  including  examination, licensure, investigative, compact privilege, and
    36  adverse action.
    37    7. "Encumbered license"  means  a  license  that  a  physical  therapy
    38  licensing board has limited in any way.
    39    8.  "Executive  Board" means a group of directors elected or appointed
    40  to act on behalf of, and within the  powers  granted  to  them  by,  the
    41  Commission.
    42    9.  "Home state" means the member state that is the licensee's primary
    43  state of residence.
    44    10. "Investigative information" means information, records, and  docu-
    45  ments received or generated by a physical therapy licensing board pursu-
    46  ant to an investigation.
    47    11.  "Jurisprudence  Requirement"  means the assessment of an individ-
    48  ual's knowledge of the laws and rules governing the practice of physical
    49  therapy in a state.
    50    12. "Licensee" means an individual who  currently  holds  an  authori-
    51  zation  from the state to practice as a physical therapist or to work as
    52  a physical therapist assistant.
    53    13. "Member state" means a state that has enacted the Compact.

        S. 6883                            21
 
     1    14. "Party state" means any member state in which a licensee  holds  a
     2  current  license  or  compact  privilege or is applying for a license or
     3  compact privilege.
     4    15.  "Physical  therapist"  means  an  individual who is licensed by a
     5  state to practice physical therapy.
     6    16.  "Physical  therapist  assistant"  means  an  individual  who   is
     7  licensed/certified  by a state and who assists the physical therapist in
     8  selected components of physical therapy.
     9    17. "Physical therapy," "physical therapy practice," and "the practice
    10  of physical therapy" mean the care and services provided by or under the
    11  direction and supervision of a licensed physical therapist.
    12    18. "Physical Therapy Compact Commission" or  "Commission"  means  the
    13  national  administrative  body  whose  membership consists of all states
    14  that have enacted the Compact.
    15    19. "Physical therapy licensing board" or "licensing board" means  the
    16  agency  of  a state that is responsible for the licensing and regulation
    17  of physical therapists and physical therapist assistants.
    18    20. "Remote State" means a member state other  than  the  home  state,
    19  where a licensee is exercising or seeking to exercise the compact privi-
    20  lege.
    21    21.  "Rule" means a regulation, principle, or directive promulgated by
    22  the Commission that has the force of law.
    23    22. "State" means any state, commonwealth, district, or  territory  of
    24  the  United  States  of  America that regulates the practice of physical
    25  therapy.
 
    26                                 SECTION 3.
    27                     STATE PARTICIPATION IN THE COMPACT
 
    28    A. To participate in the Compact, a state must:
    29    1. Participate fully in the Commission's data system, including  using
    30  the Commission's unique identifier as defined in rules;
    31    2.   Have  a  mechanism  in  place  for  receiving  and  investigating
    32  complaints about licensees;
    33    3. Notify the Commission, in compliance with the terms of the  Compact
    34  and  rules,  of  any adverse action or the availability of investigative
    35  information regarding a licensee;
    36    4. Fully implement a criminal background check requirement,  within  a
    37  time  frame established by rule, by receiving the results of the Federal
    38  Bureau of Investigation record search on criminal background checks  and
    39  use the results in making licensure decisions in accordance with Section
    40  3.B.;
    41    5. Comply with the rules of the Commission;
    42    6.  Utilize  a  recognized  national  examination as a requirement for
    43  licensure pursuant to the rules of the Commission; and
    44    7. Have continuing competence requirements as a condition for  license
    45  renewal.
    46    B.  Upon  adoption  of  this  statute, the member state shall have the
    47  authority to obtain biometric-based information from each physical ther-
    48  apy licensure applicant and  submit  this  information  to  the  Federal
    49  Bureau  of  Investigation  for a criminal background check in accordance
    50  with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
    51    C. A member state shall grant the  compact  privilege  to  a  licensee
    52  holding  a valid unencumbered license in another member state in accord-
    53  ance with the terms of the Compact and rules.
    54    D. Member states may charge a fee for granting a compact privilege.

        S. 6883                            22
 
     1                                 SECTION 4.
     2                              COMPACT PRIVILEGE
 
     3    A. To exercise the compact privilege under the terms and provisions of
     4  the Compact, the licensee shall:
     5    1. Hold a license in the home state;
     6    2. Have no encumbrance on any state license;
     7    3.  Be eligible for a compact privilege in any member state in accord-
     8  ance with Section 4D, G and H;
     9    4. Have not had any adverse action  against  any  license  or  compact
    10  privilege within the previous 2 years;
    11    5.  Notify  the  Commission  that  the licensee is seeking the compact
    12  privilege within a remote state(s);
    13    6. Pay any applicable fees, including any state fee, for  the  compact
    14  privilege;
    15    7.  Meet  any  jurisprudence  requirements  established  by the remote
    16  state(s) in which the licensee is seeking a compact privilege; and
    17    8. Report to the Commission adverse action  taken  by  any  non-member
    18  state within 30 days from the date the adverse action is taken.
    19    B.  The  compact  privilege  is valid until the expiration date of the
    20  home license. The licensee must comply with the requirements of  Section
    21  4.A. to maintain the compact privilege in the remote state.
    22    C.  A  licensee providing physical therapy in a remote state under the
    23  compact privilege shall function within the laws and regulations of  the
    24  remote state.
    25    D.  A licensee providing physical therapy in a remote state is subject
    26  to that state's regulatory authority. A remote state may, in  accordance
    27  with  due  process  and  that  state's laws, remove a licensee's compact
    28  privilege in the remote state for a  specific  period  of  time,  impose
    29  fines, and/or take any other necessary actions to protect the health and
    30  safety  of  its  citizens.    The licensee is not eligible for a compact
    31  privilege in any state until the specific time for  removal  has  passed
    32  and all fines are paid.
    33    E.  If a home state license is encumbered, the licensee shall lose the
    34  compact privilege in any remote state until the following occur:
    35    1. The home state license is no longer encumbered; and
    36    2. Two years have elapsed from the date of the adverse action.
    37    F. Once an encumbered license in the home state is  restored  to  good
    38  standing,  the  licensee  must  meet  the  requirements of Section 4A to
    39  obtain a compact privilege in any remote state.
    40    G. If a licensee's compact privilege in any remote state  is  removed,
    41  the  individual  shall  lose  the  compact privilege in any remote state
    42  until the following occur:
    43    1. The specific period of time for which  the  compact  privilege  was
    44  removed has ended;
    45    2. All fines have been paid; and
    46    3. Two years have elapsed from the date of the adverse action.
    47    H. Once the requirements of Section 4G have been met, the license must
    48  meet  the  requirements in Section 4A to obtain a compact privilege in a
    49  remote state.
 
    50                                 SECTION 5.
    51               ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

        S. 6883                            23

     1    A licensee who is active duty military or is the spouse of an individ-
     2  ual who is active duty military may designate one of  the  following  as
     3  the home state:
     4    A. Home of record;
     5    B. Permanent Change of Station (PCS); or
     6    C. State of current residence if it is different than the PCS state or
     7  home of record.
 
     8                                 SECTION 6.
     9                               ADVERSE ACTIONS
 
    10    A.  A  home  state shall have exclusive power to impose adverse action
    11  against a license issued by the home state.
    12    B. A home state may take adverse action  based  on  the  investigative
    13  information of a remote state, so long as the home state follows its own
    14  procedures for imposing adverse action.
    15    C.  Nothing  in  this Compact shall override a member state's decision
    16  that participation in an alternative program may  be  used  in  lieu  of
    17  adverse  action  and  that such participation shall remain non-public if
    18  required by the member state's laws. Member states must  require  licen-
    19  sees  who  enter any alternative programs in lieu of discipline to agree
    20  not to practice in any other member state during the term of the  alter-
    21  native program without prior authorization from such other member state.
    22    D.  Any  member  state may investigate actual or alleged violations of
    23  the statutes and rules authorizing the practice of physical  therapy  in
    24  any  other member state in which a physical therapist or physical thera-
    25  pist assistant holds a license or compact privilege.
    26    E. A remote state shall have the authority to:
    27    1. Take adverse actions  as  set  forth  in  Section  4.D.  against  a
    28  licensee's compact privilege in the state;
    29    2.  Issue  subpoenas for both hearings and investigations that require
    30  the attendance  and  testimony  of  witnesses,  and  the  production  of
    31  evidence.    Subpoenas issued by a physical therapy licensing board in a
    32  party state for the attendance and testimony of  witnesses,  and/or  the
    33  production  of  evidence  from another party state, shall be enforced in
    34  the latter state by any court of competent  jurisdiction,  according  to
    35  the  practice and procedure of that court applicable to subpoenas issued
    36  in proceedings pending before it.  The issuing authority shall  pay  any
    37  witness  fees,  travel expenses, mileage, and other fees required by the
    38  service statutes of the state where the witnesses  and/or  evidence  are
    39  located; and
    40    3.  If otherwise permitted by state law, recover from the licensee the
    41  costs of investigations and disposition  of  cases  resulting  from  any
    42  adverse action taken against that licensee.
    43    F. Joint Investigations.
    44    1.  In  addition  to  the  authority  granted to a member state by its
    45  respective physical therapy practice act or other applicable state  law,
    46  a  member state may participate with other member states in joint inves-
    47  tigations of licensees.
    48    2. Member states shall share any investigative, litigation, or compli-
    49  ance materials in furtherance of any joint or  individual  investigation
    50  initiated under the Compact.
 
    51                                 SECTION 7.
    52          ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.

        S. 6883                            24
 
     1    A.  The  Compact  member  states  hereby  create and establish a joint
     2  public agency known as the Physical Therapy Compact Commission:
     3    1. The Commission is an instrumentality of the Compact states.
     4    2.  Venue is proper and judicial proceedings by or against the Commis-
     5  sion shall be brought solely and exclusively in  a  court  of  competent
     6  jurisdiction  where  the  principal office of the Commission is located.
     7  The Commission may waive venue and jurisdictional defenses to the extent
     8  it adopts or consents to participate in alternative  dispute  resolution
     9  proceedings.
    10    3. Nothing in this Compact shall be construed to be a waiver of sover-
    11  eign immunity.
    12    B. Membership, Voting, and Meetings.
    13    1.  Each  member  state  shall have and be limited to one (1) delegate
    14  selected by that member state's licensing board.
    15    2. The delegate shall be a current member of the licensing board,  who
    16  is a physical therapist, physical therapist assistant, public member, or
    17  the board administrator.
    18    3. Any delegate may be removed or suspended from office as provided by
    19  the law of the state from which the delegate is appointed.
    20    4.  The  member  state  board  shall fill any vacancy occurring in the
    21  Commission.
    22    5. Each delegate shall be entitled to one (1) vote with regard to  the
    23  promulgation of rules and creation of bylaws and shall otherwise have an
    24  opportunity  to  participate  in the business and affairs of the Commis-
    25  sion.
    26    6. A delegate shall vote in person or by such other means as  provided
    27  in  the  bylaws.  The bylaws may provide for delegates' participation in
    28  meetings by telephone or other means of communication.
    29    7. The Commission shall meet at least once during each calendar  year.
    30  Additional meetings shall be held as set forth in the bylaws.
    31    C. The Commission shall have the following powers and duties:
    32    1. Establish the fiscal year of the Commission;
    33    2. Establish bylaws;
    34    3. Maintain its financial records in accordance with the bylaws;
    35    4. Meet and take such actions as are consistent with the provisions of
    36  this Compact and the bylaws;
    37    5.  Promulgate  uniform rules to facilitate and coordinate implementa-
    38  tion and administration of this Compact. The rules shall have the  force
    39  and effect of law and shall be binding in all member states;
    40    6. Bring and prosecute legal proceedings or actions in the name of the
    41  Commission,  provided  that  the  standing of any state physical therapy
    42  licensing board to sue or be sued under  applicable  law  shall  not  be
    43  affected;
    44    7. Purchase and maintain insurance and bonds;
    45    8.  Borrow,  accept, or contract for services of personnel, including,
    46  but not limited to, employees of a member state;
    47    9. Hire employees, elect or appoint officers, fix compensation, define
    48  duties, grant such individuals appropriate authority to  carry  out  the
    49  purposes  of  the  Compact,  and to establish the Commission's personnel
    50  policies and programs relating to conflicts of interest,  qualifications
    51  of personnel, and other related personnel matters;
    52    10.  Accept  any  and  all  appropriate donations and grants of money,
    53  equipment, supplies, materials and services, and to receive, utilize and
    54  dispose of the same; provided that at all  times  the  Commission  shall
    55  avoid any appearance of impropriety and/or conflict of interest;

        S. 6883                            25
 
     1    11.  Lease,  purchase,  accept  appropriate  gifts or donations of, or
     2  otherwise to own, hold, improve or use, any property, real, personal  or
     3  mixed; provided that at all times the Commission shall avoid any appear-
     4  ance of impropriety;
     5    12. Sell convey, mortgage, pledge, lease, exchange, abandon, or other-
     6  wise dispose of any property real, personal, or mixed;
     7    13. Establish a budget and make expenditures;
     8    14. Borrow money;
     9    15.  Appoint  committees,  including  standing  committees composed of
    10  members, state regulators, state legislators or  their  representatives,
    11  and  consumer  representatives, and such other interested persons as may
    12  be designated in this Compact and the bylaws;
    13    16. Provide and receive information  from,  and  cooperate  with,  law
    14  enforcement agencies;
    15    17. Establish and elect an Executive Board; and
    16    18. Perform such other functions as may be necessary or appropriate to
    17  achieve  the  purposes  of  this Compact consistent with the state regu-
    18  lation of physical therapy licensure and practice.
    19    D. The Executive Board.
    20    The Executive Board shall have the power  to  act  on  behalf  of  the
    21  Commission according to the terms of this Compact.
    22    1. The Executive Board shall be composed of nine members:
    23    a.  Seven  voting  members  who are elected by the Commission from the
    24  current membership of the Commission;
    25    b. One ex-officio, nonvoting member from the recognized national phys-
    26  ical therapy professional association; and
    27    c. One ex-officio, nonvoting member  from  the  recognized  membership
    28  organization of the physical therapy licensing boards.
    29    2.  The ex-officio members will be selected by their respective organ-
    30  izations.
    31    3. The Commission may remove any member  of  the  Executive  Board  as
    32  provided in bylaws.
    33    4. The Executive Board shall meet at least annually.
    34    5.  The  Executive Board shall have the following Duties and responsi-
    35  bilities:
    36    a. Recommend to the entire Commission changes to the rules or  bylaws,
    37  changes  to this Compact legislation, fees paid by Compact member states
    38  such as annual dues, and any commission Compact fee charged to licensees
    39  for the compact privilege;
    40    b. Ensure Compact administration services are appropriately  provided,
    41  contractual or otherwise;
    42    c. Prepare and recommend the budget;
    43    d. Maintain financial records on behalf of the Commission;
    44    e.  Monitor Compact compliance of member states and provide compliance
    45  reports to the Commission;
    46    f. Establish additional committees as necessary; and
    47    g. Other duties as provided in rules or bylaws.
    48    E. Meetings of the Commission.
    49    1. All meetings shall be open to the  public,  and  public  notice  of
    50  meetings  shall  be given in the same manner as required under the rule-
    51  making provisions in Section 9.
    52    2. The Commission or the Executive Board or other  committees  of  the
    53  Commission may convene in a closed, non-public meeting if the Commission
    54  or Executive Board or other committees of the Commission must discuss:
    55    a.  Non-compliance  of  a  member state with its obligations under the
    56  Compact;

        S. 6883                            26

     1    b. The employment, compensation, discipline or  other  matters,  prac-
     2  tices  or  procedures  related  to  specific  employees or other matters
     3  related to the Commission's internal personnel practices and procedures;
     4    c. Current, threatened, or reasonably anticipated litigation;
     5    d. Negotiation of contracts for the purchase, lease, or sale of goods,
     6  services, or real estate;
     7    e. Accusing any person of a crime or formally censuring any person;
     8    f.  Disclosure of trade secrets or commercial or financial information
     9  that is privileged or confidential;
    10    g. Disclosure of information of a  personal  nature  where  disclosure
    11  would constitute a clearly unwarranted invasion of personal privacy;
    12    h.  Disclosure  of  investigative records compiled for law enforcement
    13  purposes;
    14    i. Disclosure of information  related  to  any  investigative  reports
    15  prepared  by  or  on  behalf  of  or  for use of the Commission or other
    16  committee charged with responsibility of investigation or  determination
    17  of compliance issues pursuant to the Compact; or
    18    j.  Matters specifically exempted from disclosure by federal or member
    19  state statute.
    20    3. If a meeting, or portion of a meeting, is closed pursuant  to  this
    21  provision, the Commission's legal counsel or designee shall certify that
    22  the  meeting  may  be closed and shall reference each relevant exempting
    23  provision.
    24    4. The Commission shall keep minutes that fully and  clearly  describe
    25  all matters discussed in a meeting and shall provide a full and accurate
    26  summary  of  actions  taken,  and  the  reasons  therefore,  including a
    27  description  of  the  views  expressed.  All  documents  considered   in
    28  connection  with  an  action  shall  be  identified in such minutes. All
    29  minutes and documents of a  closed  meeting  shall  remain  under  seal,
    30  subject  to  release  by a majority vote of the Commission or order of a
    31  court of competent jurisdiction.
    32    F. Financing of the Commission.
    33    1. The Commission shall pay,  or  provide  for  the  payment  of,  the
    34  reasonable  expenses  of  its  establishment,  organization, and ongoing
    35  activities.
    36    2. The Commission may accept any and all appropriate revenue  sources,
    37  donations,  and  grants  of  money,  equipment, supplies, materials, and
    38  services.
    39    3. The Commission may levy on and collect an  annual  assessment  from
    40  each  member  state or impose fees on other parties to cover the cost of
    41  the operations and activities of the Commission  and  its  staff,  which
    42  must  be  in  a  total  amount  sufficient to cover its annual budget as
    43  approved each year for which revenue is not provided by  other  sources.
    44  The  aggregate  annual assessment amount shall be allocated based upon a
    45  formula to be determined by the Commission,  which  shall  promulgate  a
    46  rule binding upon all member states.
    47    4.  The  Commission  shall  not incur obligations of any kind prior to
    48  securing the funds adequate to meet the same; nor shall  the  Commission
    49  pledge  the  credit  of any of the member states, except by and with the
    50  authority of the member state.
    51    5. The Commission shall keep accurate accounts  of  all  receipts  and
    52  disbursements.    The receipts and disbursements of the Commission shall
    53  be subject to the audit and accounting procedures established under  its
    54  bylaws.  However, all receipts and disbursements of funds handled by the
    55  Commission shall be audited yearly by a  certified  or  licensed  public

        S. 6883                            27
 
     1  accountant,  and the report of the audit shall be included in and become
     2  part of the annual report of the Commission.
     3    G. Qualified Immunity, Defense, and Indemnification.
     4    1.  The members, officers, executive director, employees and represen-
     5  tatives of the Commission shall  be  immune  from  suit  and  liability,
     6  either  personally  or  in  their  official  capacity, for any claim for
     7  damage to or loss of property or personal injury or other civil  liabil-
     8  ity  caused  by  or  arising  out of any actual or alleged act, error or
     9  omission that occurred, or that the person against  whom  the  claim  is
    10  made  had  a reasonable basis for believing occurred within the scope of
    11  Commission employment, duties or responsibilities; provided that nothing
    12  in this paragraph shall be construed to protect  any  such  person  from
    13  suit  and/or liability for any damage, loss, injury, or liability caused
    14  by the intentional or willful or wanton misconduct of that person.
    15    2. The Commission shall defend any member, officer,  executive  direc-
    16  tor,  employee  or  representative of the Commission in any civil action
    17  seeking to impose liability arising out of any actual  or  alleged  act,
    18  error,  or omission that occurred within the scope of Commission employ-
    19  ment, duties, or responsibilities, or that the person against  whom  the
    20  claim  is  made had a reasonable basis for believing occurred within the
    21  scope of Commission employment, duties,  or  responsibilities;  provided
    22  that  nothing  herein  shall  be  construed to prohibit that person from
    23  retaining his or her own counsel; and provided further, that the  actual
    24  or  alleged  act,  error,  or omission did not result from that person's
    25  intentional or willful or wanton misconduct.
    26    3. The Commission shall indemnify and hold harmless any member,  offi-
    27  cer,  executive  director, employee, or representative of the Commission
    28  for the amount of any  settlement  or  judgment  obtained  against  that
    29  person  arising out of any actual or alleged act, error or omission that
    30  occurred within the scope of Commission employment, duties, or responsi-
    31  bilities, or that such person  had  a  reasonable  basis  for  believing
    32  occurred within the scope of Commission employment, duties, or responsi-
    33  bilities,  provided  that  the actual or alleged act, error, or omission
    34  did not result from the intentional or willful or wanton  misconduct  of
    35  that person.
 
    36                                 SECTION 8.
    37                                 DATA SYSTEM
 
    38    A.  The Commission shall provide for the development, maintenance, and
    39  utilization of a coordinated database and  reporting  system  containing
    40  licensure, adverse action, and investigative information on all licensed
    41  individuals in member states.
    42    B. Notwithstanding any other provision of state law to the contrary, a
    43  member  state  shall submit a uniform data set to the data system on all
    44  individuals to whom this Compact is applicable as required by the  rules
    45  of the Commission, including:
    46    1. Identifying information;
    47    2. Licensure data;
    48    3. Adverse actions against a license or compact privilege;
    49    4. Non-confidential information related to alternative program partic-
    50  ipation;
    51    5. Any denial of application for licensure, and the reason(s) for such
    52  denial; and
    53    6.  Other  information  that may facilitate the administration of this
    54  Compact, as determined by the rules of the Commission.

        S. 6883                            28
 
     1    C. Investigative information pertaining to a licensee  in  any  member
     2  state will only be available to other party states.
     3    D.  The  Commission  shall  promptly  notify  all member states of any
     4  adverse action taken against a licensee or an individual applying for  a
     5  license.    Adverse  action  information pertaining to a licensee in any
     6  member state will be available to any other member state.
     7    E. Member states contributing  information  to  the  data  system  may
     8  designate information that may not be shared with the public without the
     9  express permission of the contributing state.
    10    F.  Any  information submitted to the data system that is subsequently
    11  required to be expunged by the laws of the member state contributing the
    12  information shall be removed from the data system.
 
    13                                 SECTION 9.
    14                                 RULEMAKING
 
    15    A. The Commission shall exercise its rulemaking powers pursuant to the
    16  criteria set forth in this Section and  the  rules  adopted  thereunder.
    17  Rules  and  amendments  shall become binding as of the date specified in
    18  each rule or amendment.
    19    B. If a majority of the legislatures of the member  states  rejects  a
    20  rule, by enactment of a statute or resolution in the same manner used to
    21  adopt  the  Compact  within 4 years of the date of adoption of the rule,
    22  then such rule shall have no further force  and  effect  in  any  member
    23  state.
    24    C.  Rules  or amendments to the rules shall be adopted at a regular or
    25  special meeting of the Commission.
    26    D. Prior to promulgation and adoption of a final rule or rules by  the
    27  Commission,  and  at least thirty (30) days in advance of the meeting at
    28  which the rule will be considered and voted upon, the  Commission  shall
    29  file a Notice of Proposed Rulemaking:
    30    1. On the website of the Commission or other publicly accessible plat-
    31  form; and
    32    2.  On  the  website  of  each member state physical therapy licensing
    33  board or other publicly accessible platform or the publication in  which
    34  each state would otherwise publish proposed rules.
    35    E. The Notice of Proposed Rulemaking shall include:
    36    1.  The  proposed time, date, and location of the meeting in which the
    37  rule will be considered and voted upon;
    38    2. The text of the proposed rule or amendment and the reason  for  the
    39  proposed rule;
    40    3.  A  request  for  comments on the proposed rule from any interested
    41  person; and
    42    4. The manner in which interested persons may  submit  notice  to  the
    43  Commission of their intention to attend the public hearing and any writ-
    44  ten comments.
    45    F.  Prior  to  adoption of a proposed rule, the Commission shall allow
    46  persons to submit written data, facts, opinions,  and  arguments,  which
    47  shall be made available to the public.
    48    G.  The  Commission  shall  grant  an opportunity for a public hearing
    49  before it adopts a rule or amendment if a hearing is requested by:
    50    1. At least twenty-five (25) persons;
    51    2. A state or federal governmental subdivision or agency; or
    52    3. An association having at least twenty-five (25) members.
    53    H. If a hearing is held on the proposed rule or amendment, the Commis-
    54  sion shall publish the place, time, and date  of  the  scheduled  public

        S. 6883                            29
 
     1  hearing.  If  the  hearing  is held via electronic means, the Commission
     2  shall publish the mechanism for access to the electronic hearing.
     3    1.  All  persons  wishing  to be heard at the hearing shall notify the
     4  executive director of the Commission or other designated member in writ-
     5  ing of their desire to appear and testify at the hearing not  less  than
     6  five (5) business days before the scheduled date of the hearing.
     7    2.  Hearings  shall be conducted in a manner providing each person who
     8  wishes to comment a fair and reasonable opportunity to comment orally or
     9  in writing.
    10    3. All hearings will be recorded. A copy of the recording will be made
    11  available on request.
    12    4. Nothing in this section shall be construed as requiring a  separate
    13  hearing  on  each  rule. Rules may be grouped for the convenience of the
    14  Commission at hearings required by this section.
    15    I. Following the scheduled hearing date, or by the close  of  business
    16  on  the  scheduled hearing date if the hearing was not held, the Commis-
    17  sion shall consider all written and oral comments received.
    18    J. If no written notice of intent to  attend  the  public  hearing  by
    19  interested  parties is received, the Commission may proceed with promul-
    20  gation of the proposed rule without a public hearing.
    21    K. The Commission shall, by majority vote of all members,  take  final
    22  action  on  the  proposed rule and shall determine the effective date of
    23  the rule, if any, based on the rulemaking record and the  full  text  of
    24  the rule.
    25    L.  Upon  determination  that  an emergency exists, the Commission may
    26  consider and adopt an emergency rule without prior  notice,  opportunity
    27  for  comment,  or hearing, provided that the usual rulemaking procedures
    28  provided in the Compact and  in  this  section  shall  be  retroactively
    29  applied  to  the  rule as soon as reasonably possible, in no event later
    30  than ninety (90) days after the effective date  of  the  rule.  For  the
    31  purposes  of  this  provision,  an  emergency  rule  is one that must be
    32  adopted immediately in order to:
    33    1. Meet an imminent threat to public health, safety, or welfare;
    34    2. Prevent a loss of Commission or member state funds;
    35    3. Meet a deadline for the promulgation of an administrative rule that
    36  is established by federal law or rule; or
    37    4. Protect public health and safety.
    38    M. The Commission or an authorized committee  of  the  Commission  may
    39  direct  revisions to a previously adopted rule or amendment for purposes
    40  of correcting typographical errors, errors in format, errors in consist-
    41  ency, or grammatical errors. Public notice of  any  revisions  shall  be
    42  posted  on  the website of the Commission. The revision shall be subject
    43  to challenge by any person for a period of thirty (30) days after  post-
    44  ing.  The  revision  may be challenged only on grounds that the revision
    45  results in a material change to a rule. A challenge  shall  be  made  in
    46  writing,  and  delivered to the chair of the Commission prior to the end
    47  of the notice period. If no challenge is made, the  revision  will  take
    48  effect  without  further  action.  If  the  revision  is challenged, the
    49  revision may not take effect without the approval of the Commission.
 
    50                                 SECTION 10.
    51               OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
    52    A. Oversight.
    53    1. The executive, legislative, and judicial branches of state  govern-
    54  ment  in  each  member  state  shall  enforce  this Compact and take all

        S. 6883                            30
 
     1  actions necessary and appropriate to effectuate the  Compact's  purposes
     2  and  intent.  The  provisions  of this Compact and the rules promulgated
     3  hereunder shall have standing as statutory law.
     4    2.  All courts shall take judicial notice of the Compact and the rules
     5  in any judicial or administrative proceeding in a member state  pertain-
     6  ing  to  the subject matter of this Compact which may affect the powers,
     7  responsibilities or actions of the Commission.
     8    3. The Commission shall be entitled to receive service of  process  in
     9  any  such  proceeding,  and  shall  have standing to intervene in such a
    10  proceeding for all purposes. Failure to provide service  of  process  to
    11  the  Commission  shall render a judgment or order void as to the Commis-
    12  sion, this Compact, or promulgated rules.
    13    B. Default, Technical Assistance, and Termination.
    14    1. If the Commission determines that a member state has  defaulted  in
    15  the  performance  of  its  obligations  or  responsibilities  under this
    16  Compact or the promulgated rules, the Commission shall:
    17    a. Provide written notice to the defaulting  state  and  other  member
    18  states  of  the  nature of the default, the proposed means of curing the
    19  default and/or any other action to be taken by the Commission; and
    20    b. Provide remedial training and specific technical assistance regard-
    21  ing the default.
    22    2. If a state in default fails to cure  the  default,  the  defaulting
    23  state  may  be terminated from the Compact upon an affirmative vote of a
    24  majority of the member states, and all rights, privileges  and  benefits
    25  conferred  by  this  Compact  may be terminated on the effective date of
    26  termination. A cure of the default does not relieve the offending  state
    27  of obligations or liabilities incurred during the period of default.
    28    3.  Termination  of  membership  in  the Compact shall be imposed only
    29  after all other means of securing compliance have been exhausted. Notice
    30  of intent to suspend or terminate shall be given by  the  Commission  to
    31  the  governor,  the  majority  and  minority  leaders  of the defaulting
    32  state's legislature, and each of the member states.
    33    4. A state that has been terminated is  responsible  for  all  assess-
    34  ments,  obligations, and liabilities incurred through the effective date
    35  of termination, including obligations that extend beyond  the  effective
    36  date of termination.
    37    5.  The Commission shall not bear any costs related to a state that is
    38  found to be in default or that has been  terminated  from  the  Compact,
    39  unless  agreed upon in writing between the Commission and the defaulting
    40  state.
    41    6. The defaulting state may appeal the action  of  the  Commission  by
    42  petitioning  the U.S. District Court for the District of Columbia or the
    43  federal district where the Commission has  its  principal  offices.  The
    44  prevailing member shall be awarded all costs of such litigation, includ-
    45  ing reasonable attorney's fees.
    46    C. Dispute Resolution.
    47    1.  Upon  request  by  a member state, the Commission shall attempt to
    48  resolve disputes related to the Compact that arise among  member  states
    49  and between member and non-member states.
    50    2. The Commission shall promulgate a rule providing for both mediation
    51  and binding dispute resolution for disputes as appropriate.
    52    D. Enforcement.
    53    1. The Commission, in the reasonable exercise of its discretion, shall
    54  enforce the provisions and rules of this Compact.
    55    2.  By  majority vote, the Commission may initiate legal action in the
    56  United States District Court for the District of Columbia or the federal

        S. 6883                            31
 
     1  district where the Commission has its principal offices against a member
     2  state in default to  enforce  compliance  with  the  provisions  of  the
     3  Compact  and  its  promulgated  rules  and bylaws. The relief sought may
     4  include  both  injunctive  relief  and  damages.  In  the event judicial
     5  enforcement is necessary, the prevailing member  shall  be  awarded  all
     6  costs of such litigation, including reasonable attorney's fees.
     7    3.  The  remedies  herein  shall  not be the exclusive remedies of the
     8  Commission. The Commission may pursue any other remedies available under
     9  federal or state law.
 
    10                                 SECTION 11.
    11      DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL
    12                                   THERAPY
    13          PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
    14    A. The Compact shall come into effect on the date on which the Compact
    15  statute is enacted into law in the tenth member state.  The  provisions,
    16  which  become  effective  at  that  time, shall be limited to the powers
    17  granted to the Commission relating to assembly and the  promulgation  of
    18  rules.  Thereafter,  the  Commission  shall meet and exercise rulemaking
    19  powers  necessary  to  the  implementation  and  administration  of  the
    20  Compact.
    21    B.  Any  state  that  joins the Compact subsequent to the Commission's
    22  initial adoption of the rules shall be subject  to  the  rules  as  they
    23  exist  on  the  date on which the Compact becomes law in that state. Any
    24  rule that has been previously adopted by the Commission shall  have  the
    25  full  force and effect of law on the day the Compact becomes law in that
    26  state.
    27    C. Any member state may withdraw from this Compact by enacting a stat-
    28  ute repealing the same.
    29    1. A member state's withdrawal shall not take  effect  until  six  (6)
    30  months after enactment of the repealing statute.
    31    2. Withdrawal shall not affect the continuing requirement of the with-
    32  drawing  state's  physical  therapy  licensing  board to comply with the
    33  investigative and adverse action  reporting  requirements  of  this  act
    34  prior to the effective date of withdrawal.
    35    D.  Nothing contained in this Compact shall be construed to invalidate
    36  or prevent any physical therapy licensure agreement or other cooperative
    37  arrangement between a member state and a non-member state that does  not
    38  conflict with the provisions of this Compact.
    39    E.  This  Compact may be amended by the member states. No amendment to
    40  this Compact shall become effective and binding upon  any  member  state
    41  until it is enacted into the laws of all member states.
 
    42                                 SECTION 12.
    43                        CONSTRUCTION AND SEVERABILITY
 
    44    This  Compact  shall  be  liberally  construed so as to effectuate the
    45  purposes thereof. The provisions of this Compact shall be severable  and
    46  if any phrase, clause, sentence or provision of this Compact is declared
    47  to  be  contrary to the constitution of any party state or of the United
    48  States or the applicability thereof to any government, agency, person or
    49  circumstance is held invalid, the validity  of  the  remainder  of  this
    50  Compact  and the applicability thereof to any government, agency, person
    51  or circumstance shall not be affected thereby. If this Compact shall  be
    52  held  contrary to the constitution of any party state, the Compact shall

        S. 6883                            32
 
     1  remain in full force and effect as to the remaining party states and  in
     2  full force and effect as to the party state affected as to all severable
     3  matters.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.    Effective  immediately,  the  addition,  amendment
     6  and/or repeal of any rule or regulation necessary for the implementation
     7  of  this  act  on  its  effective  date  are  authorized  to be made and
     8  completed on or before such effective date.
 
     9                                   PART C
 
    10    Section 1. The education law is amended by adding a new  section  8413
    11  to read as follows:
    12    §  8413.  Interstate  Counseling  Compact.  The  interstate counseling
    13  compact is hereby enacted into law and entered into with  all  jurisdic-
    14  tions legally joining therein in the form substantially as follows:
 
    15                        INTERSTATE COUNSELING COMPACT
    16                                 SECTION 1.
    17                                   PURPOSE
 
    18    The  purpose  of  this Compact is to facilitate interstate practice of
    19  Licensed Professional Counselors  with  the  goal  of  improving  public
    20  access to Professional Counseling services. The practice of Professional
    21  Counseling  occurs  in the State where the client is located at the time
    22  of the counseling services. The Compact preserves the regulatory author-
    23  ity of States to protect public health and safety  through  the  current
    24  system of State licensure.
    25    This Compact is designed to achieve the following objectives:
    26    A.  Increase  public  access  to  Professional  Counseling services by
    27  providing for the mutual recognition of other Member State licenses;
    28    B. Enhance the States' ability to  protect  the  public's  health  and
    29  safety;
    30    C. Encourage the cooperation of Member States in regulating multistate
    31  practice for Licensed Professional Counselors;
    32    D. Support spouses of relocating Active Duty Military personnel;
    33    E.  Enhance the exchange of licensure, investigative, and disciplinary
    34  information among Member States;
    35    F. Allow for the use of Telehealth technology to facilitate  increased
    36  access to Professional Counseling services;
    37    G.   Support  the  uniformity  of  Professional  Counseling  licensure
    38  requirements throughout the States to promote public safety  and  public
    39  health benefits;
    40    H.  Invest  all  Member  States  with the authority to hold a Licensed
    41  Professional Counselor accountable for meeting all State  practice  laws
    42  in the State in which the client is located at the time care is rendered
    43  through the mutual recognition of Member State licenses;
    44    I. Eliminate the necessity for licenses in multiple States; and
    45    J.  Provide  opportunities for interstate practice by Licensed Profes-
    46  sional Counselors who meet uniform licensure requirements.
 
    47                                 SECTION 2.
    48                                 DEFINITIONS
 
    49    As used in this Compact, and except as otherwise provided, the follow-
    50  ing definitions shall apply:

        S. 6883                            33
 
     1    A. "Active Duty Military" means full-time duty status  in  the  active
     2  uniformed  service  of  the  United  States,  including  members  of the
     3  National Guard and Reserve on active duty orders pursuant to  10  U.S.C.
     4  Chapters 1209 and 1211.
     5    B.  "Adverse  Action"  means  any  administrative, civil, equitable or
     6  criminal action permitted by a  State's  laws  which  is  imposed  by  a
     7  licensing board or other authority against a Licensed Professional Coun-
     8  selor, including actions against an individual's license or Privilege to
     9  Practice  such  as  revocation, suspension, probation, monitoring of the
    10  licensee, limitation on the licensee's practice,  or  any  other  Encum-
    11  brance  on  licensure  affecting  a  Licensed  Professional  Counselor's
    12  authorization to practice, including issuance  of  a  cease  and  desist
    13  action.
    14    C.  "Alternative Program" means a non-disciplinary monitoring or prac-
    15  tice remediation process approved by a Professional Counseling Licensing
    16  Board to address Impaired Practitioners.
    17    D. "Continuing Competence/Education" means a requirement, as a  condi-
    18  tion of license renewal, to provide evidence of participation in, and/or
    19  completion of, educational and professional activities relevant to prac-
    20  tice or area of work.
    21    E.  "Counseling Compact Commission" or "Commission" means the national
    22  administrative body whose membership consists of all  States  that  have
    23  enacted the Compact.
    24    F. "Current Significant Investigative Information" means:
    25    1.  Investigative Information that a Licensing Board, after a prelimi-
    26  nary inquiry that includes  notification  and  an  opportunity  for  the
    27  Licensed  Professional  Counselor  to respond, if required by State law,
    28  has reason to believe is not groundless and, if proved true, would indi-
    29  cate more than a minor infraction; or
    30    2. Investigative Information that indicates that the Licensed  Profes-
    31  sional  Counselor  represents  an  immediate threat to public health and
    32  safety regardless of whether the  Licensed  Professional  Counselor  has
    33  been notified and had an opportunity to respond.
    34    G.  "Data  System"  means a repository of information about Licensees,
    35  including, but not limited to, continuing education, examination, licen-
    36  sure, investigative, Privilege to Practice and Adverse  Action  informa-
    37  tion.
    38    H.  "Encumbered  License"  means  a license in which an Adverse Action
    39  restricts the practice of licensed Professional Counseling by the Licen-
    40  see and said Adverse Action has been reported to  the  National  Practi-
    41  tioners Data Bank (NPDB).
    42    I.  "Encumbrance"  means a revocation or suspension of, or any limita-
    43  tion on, the full and unrestricted  practice  of  Licensed  Professional
    44  Counseling by a Licensing Board.
    45    J.  "Executive  Committee"  means  a  group  of  directors  elected or
    46  appointed to act on behalf of, and within the powers granted to them by,
    47  the Commission.
    48    K. "Home State" means the Member State that is the Licensee's  primary
    49  State of residence.
    50    L.  "Impaired Practitioner" means an individual who has a condition(s)
    51  that may impair their ability to practice  as  a  Licensed  Professional
    52  Counselor without some type of intervention and may include, but are not
    53  limited  to,  alcohol and drug dependence, mental health impairment, and
    54  neurological or physical impairments.

        S. 6883                            34
 
     1    M. "Investigative Information" means information, records,  and  docu-
     2  ments received or generated by a Professional Counseling Licensing Board
     3  pursuant to an investigation.
     4    N.  "Jurisprudence  Requirement"  if required by a Member State, means
     5  the assessment of an  individual's  knowledge  of  the  laws  and  Rules
     6  governing the practice of Professional Counseling in a State.
     7    O.  "Licensed  Professional Counselor" means a counselor licensed by a
     8  Member State, regardless of the title used by that State,  to  independ-
     9  ently assess, diagnose, and treat behavioral health conditions.
    10    P. "Licensee" means an individual who currently holds an authorization
    11  from the State to practice as a Licensed Professional Counselor.
    12    Q.  "Licensing Board" means the agency of a State, or equivalent, that
    13  is responsible for the licensing and regulation of Licensed Professional
    14  Counselors.
    15    R. "Member State" means a State that has enacted the Compact.
    16    S. "Privilege to Practice"  means  a  legal  authorization,  which  is
    17  equivalent  to  a license, permitting the practice of Professional Coun-
    18  seling in a Remote State.
    19    T. "Professional Counseling"  means  the  assessment,  diagnosis,  and
    20  treatment  of  behavioral  health  conditions by a Licensed Professional
    21  Counselor.
    22    U. "Remote State" means a Member State  other  than  the  Home  State,
    23  where  a  Licensee is exercising or seeking to exercise the Privilege to
    24  Practice.
    25    V. "Rule" means a regulation promulgated by the  Commission  that  has
    26  the force of law.
    27    W.  "Single  State  License"  means  a Licensed Professional Counselor
    28  license issued by a Member State that authorizes  practice  only  within
    29  the  issuing  State  and does not include a Privilege to Practice in any
    30  other Member State.
    31    X. "State" means any state, commonwealth, district,  or  territory  of
    32  the United States of America that regulates the practice of Professional
    33  Counseling.
    34    Y.  "Telehealth" means the application of telecommunication technology
    35  to deliver Professional Counseling services remotely  to  assess,  diag-
    36  nose, and treat behavioral health conditions.
    37    Z.  "Unencumbered  License" means a license that authorizes a Licensed
    38  Professional Counselor to engage in the full and  unrestricted  practice
    39  of Professional Counseling.
 
    40                                 SECTION 3.
    41                     STATE PARTICIPATION IN THE COMPACT
 
    42    A. To Participate in the Compact, a State must currently:
    43    1. License and regulate Licensed Professional Counselors;
    44    2.  Require Licensees to pass a nationally recognized exam approved by
    45  the Commission;
    46    3. Require Licensees to have a 60 semester-hour (or  90  quarter-hour)
    47  master's degree in counseling or 60 semester-hours (or 90 quarter-hours)
    48  of graduate course work including the following topic areas:
    49    a. Professional Counseling Orientation and Ethical Practice;
    50    b. Social and Cultural Diversity;
    51    c. Human Growth and Development;
    52    d. Career Development;
    53    e. Counseling and Helping Relationships;
    54    f. Group Counseling and Group Work;

        S. 6883                            35
 
     1    g. Diagnosis and Treatment; Assessment and Testing;
     2    h. Research and Program Evaluation; and
     3    i. Other areas as determined by the Commission.
     4    4.  Require  Licensees  to  complete a supervised postgraduate profes-
     5  sional experience as defined by the Commission;
     6    5.  Have  a  mechanism  in  place  for  receiving  and   investigating
     7  complaints about Licensees.
     8    B. A Member State shall:
     9    1.  Participate fully in the Commission's Data System, including using
    10  the Commission's unique identifier as defined in Rules;
    11    2. Notify the Commission, in compliance with the terms of the  Compact
    12  and  Rules,  of  any Adverse Action or the availability of Investigative
    13  Information regarding a Licensee;
    14    3. Implement or utilize procedures for considering the criminal histo-
    15  ry records of applicants for an initial  Privilege  to  Practice.  These
    16  procedures  shall include the submission of fingerprints or other biome-
    17  tric-based information by applicants for the  purpose  of  obtaining  an
    18  applicant's  criminal history record information from the Federal Bureau
    19  of Investigation and the agency responsible for retaining  that  State's
    20  criminal records;
    21    a.  A  member  state  must fully implement a criminal background check
    22  requirement, within a time frame established by rule, by  receiving  the
    23  results  of  the Federal Bureau of Investigation record search and shall
    24  use the results in making licensure decisions.
    25    b. Communication between a Member  State,  the  Commission  and  among
    26  Member  States  regarding  the verification of eligibility for licensure
    27  through the Compact shall not include any information received from  the
    28  Federal  Bureau  of Investigation relating to a federal criminal records
    29  check performed by a Member State under Public Law 92-544.
    30    4. Comply with the Rules of the Commission;
    31    5. Require an applicant to obtain or retain  a  license  in  the  Home
    32  State  and meet the Home State's qualifications for licensure or renewal
    33  of licensure, as well as all other applicable State laws;
    34    6. Grant the Privilege to Practice to a Licensee holding a valid Unen-
    35  cumbered License in another Member State in accordance with the terms of
    36  the Compact and Rules; and
    37    7. Provide for the attendance of the State's commissioner to the Coun-
    38  seling Compact Commission meetings.
    39    C. Member States may charge a fee for granting the Privilege to  Prac-
    40  tice.
    41    D.  Individuals  not  residing  in a Member State shall continue to be
    42  able to apply for a Member State's  Single  State  License  as  provided
    43  under  the laws of each Member State.  However, the Single State License
    44  granted to these individuals shall not be recognized as granting a Priv-
    45  ilege to Practice Professional Counseling in any other Member State.
    46    E. Nothing in this Compact shall affect the  requirements  established
    47  by a Member State for the issuance of a Single State License.
    48    F.  A  license  issued  to a Licensed Professional Counselor by a Home
    49  State to a resident in that State shall be  recognized  by  each  Member
    50  State  as  authorizing  a  Licensed  Professional  Counselor to practice
    51  Professional Counseling, under a Privilege to Practice, in  each  Member
    52  State.
 
    53                                 SECTION 4.
    54                            PRIVILEGE TO PRACTICE

        S. 6883                            36
 
     1    A.  To  exercise  the  Privilege  to  Practice  under  the  terms  and
     2  provisions of the Compact, the Licensee shall:
     3    1. Hold a license in the Home State;
     4    2. Have a valid United States Social Security Number or National Prac-
     5  titioner Identifier;
     6    3.  Be  eligible  for  a  Privilege to Practice in any Member State in
     7  accordance with Section 4(D), (G) and (H);
     8    4. Have not had any Encumbrance or restriction against any license  or
     9  Privilege to Practice within the previous two (2) years;
    10    5. Notify the Commission that the Licensee is seeking the Privilege to
    11  Practice within a Remote State(s);
    12    6. Pay any applicable fees, including any State fee, for the Privilege
    13  to Practice;
    14    7.  Meet  any Continuing Competence/Education requirements established
    15  by the Home State;
    16    8. Meet any  Jurisprudence  Requirements  established  by  the  Remote
    17  State(s) in which the Licensee is seeking a Privilege to Practice; and
    18    9.  Report  to  the  Commission  any  Adverse  Action, Encumbrance, or
    19  restriction on license taken by any non-Member State within 30 days from
    20  the date the action is taken.
    21    B. The Privilege to Practice is valid until the expiration date of the
    22  Home State license. The Licensee must comply with  the  requirements  of
    23  Section 4(A) to maintain the Privilege to Practice in the Remote State.
    24    C.  A  Licensee  providing  Professional  Counseling in a Remote State
    25  under the Privilege to Practice shall adhere to the laws and regulations
    26  of the Remote State.
    27    D. A Licensee providing Professional Counseling services in  a  Remote
    28  State  is  subject  to that State's regulatory authority. A Remote State
    29  may, in accordance with due process and  that  State's  laws,  remove  a
    30  Licensee's  Privilege  to  Practice  in  the Remote State for a specific
    31  period of time, impose fines, and/or take any other necessary actions to
    32  protect the health and safety of its citizens. The Licensee may be inel-
    33  igible for a Privilege to Practice in any Member State until the specif-
    34  ic time for removal has passed and all fines are paid.
    35    E. If a Home State license is encumbered, the Licensee shall lose  the
    36  Privilege to Practice in any Remote State until the following occur:
    37    1. The Home State license is no longer encumbered; and
    38    2.  Have not had any Encumbrance or restriction against any license or
    39  Privilege to Practice within the previous two (2) years.
    40    F. Once an Encumbered License in the Home State is  restored  to  good
    41  standing,  the  Licensee  must  meet the requirements of Section 4(A) to
    42  obtain a Privilege to Practice in any Remote State.
    43    G. If a Licensee's Privilege  to  Practice  in  any  Remote  State  is
    44  removed,  the individual may lose the Privilege to Practice in all other
    45  Remote States until the following occur:
    46    1. The specific period of time for which the Privilege to Practice was
    47  removed has ended;
    48    2. All fines have been paid; and
    49    3. Have not had any Encumbrance or restriction against any license  or
    50  Privilege to Practice within the previous two (2) years.
    51    H.  Once  the requirements of Section 4(G) have been met, the Licensee
    52  must meet the requirements in Section 4(A)  to  obtain  a  Privilege  to
    53  Practice in a Remote State.

        S. 6883                            37
 
     1                                 SECTION 5.
     2         OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO
     3                                  PRACTICE
 
     4    A.  A  Licensed  Professional Counselor may hold a Home State license,
     5  which allows for a Privilege to Practice in other Member States, in only
     6  one Member State at a time.
     7    B. If a Licensed Professional Counselor changes primary State of resi-
     8  dence by moving between two Member States:
     9    1. The Licensed Professional Counselor shall file an  application  for
    10  obtaining a new Home State license based on a Privilege to Practice, pay
    11  all  applicable  fees,  and  notify  the  current  and new Home State in
    12  accordance with applicable Rules adopted by the Commission.
    13    2. Upon receipt of an application  for  obtaining  a  new  Home  State
    14  license  by  virtue of a Privilege to Practice, the new Home State shall
    15  verify that the Licensed  Professional  Counselor  meets  the  pertinent
    16  criteria  outlined  in  Section  4 via the Data System, without need for
    17  primary source verification except for:
    18    a.  a Federal Bureau of Investigation fingerprint based criminal back-
    19  ground check if not previously performed or updated pursuant to applica-
    20  ble rules adopted by  the  Commission  in  accordance  with  Public  Law
    21  92-544;
    22    b.  other criminal background check as required by the new Home State;
    23  and
    24    c.  completion of any requisite Jurisprudence Requirements of the  new
    25  Home State.
    26    3.  The  former Home State shall convert the former Home State license
    27  into a Privilege to Practice once the new Home State has  activated  the
    28  new  Home  State  license in accordance with applicable Rules adopted by
    29  the Commission.
    30    4. Notwithstanding  any  other  provision  of  this  Compact,  if  the
    31  Licensed  Professional  Counselor cannot meet the criteria in Section 4,
    32  the new Home State may apply its requirements for issuing a  new  Single
    33  State License.
    34    5.  The  Licensed Professional Counselor shall pay all applicable fees
    35  to the new Home State in order to be issued a new Home State license.
    36    C. If a Licensed Professional Counselor changes Primary State of Resi-
    37  dence by moving from a Member State to a non-Member  State,  or  from  a
    38  non-Member  State  to a Member State, the State criteria shall apply for
    39  issuance of a Single State License in the new State.
    40    D.  Nothing in this Compact shall interfere with a Licensee's  ability
    41  to  hold  a  Single  State  License  in multiple States, however for the
    42  purposes of this Compact, a Licensee shall  have  only  one  Home  State
    43  license.
    44    E.   Nothing in this Compact shall affect the requirements established
    45  by a Member State for the issuance of a Single State License.
 
    46                                 SECTION 6.
    47               ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
 
    48    Active Duty Military personnel, or their  spouse,  shall  designate  a
    49  Home  State where the individual has a current license in good standing.
    50  The individual may retain the Home State designation during  the  period
    51  the  service member is on active duty.  Subsequent to designating a Home
    52  State, the individual shall only change their Home State through  appli-

        S. 6883                            38
 
     1  cation  for  licensure in the new State, or through the process outlined
     2  in Section 5.
 
     3                                 SECTION 7.
     4                  COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
 
     5    A.  Member States shall recognize the right of a Licensed Professional
     6  Counselor, licensed by a Home State in accordance  with  Section  3  and
     7  under  Rules  promulgated  by  the  Commission, to practice Professional
     8  Counseling in any Member State via Telehealth under a Privilege to Prac-
     9  tice as provided in the Compact and Rules promulgated by the Commission.
    10    B. A Licensee providing Professional Counseling services in  a  Remote
    11  State under the Privilege to Practice shall adhere to the laws and regu-
    12  lations of the Remote State.
 
    13                                 SECTION 8.
    14                               ADVERSE ACTIONS

    15    A.  In  addition  to the other powers conferred by State law, a Remote
    16  State shall have the authority, in accordance with  existing  State  due
    17  process law, to:
    18    1.  Take  Adverse  Action  against a Licensed Professional Counselor's
    19  Privilege to Practice within that Member State; and
    20    2. Issue subpoenas for both hearings and investigations  that  require
    21  the  attendance  and testimony of witnesses as well as the production of
    22  evidence. Subpoenas issued by a Licensing Board in a  Member  State  for
    23  the  attendance and testimony of witnesses or the production of evidence
    24  from another Member State shall be enforced in the latter State  by  any
    25  court of competent jurisdiction, according to the practice and procedure
    26  of  that  court  applicable  to  subpoenas issued in proceedings pending
    27  before it. The issuing authority shall  pay  any  witness  fees,  travel
    28  expenses,  mileage,  and  other fees required by the service statutes of
    29  the State in which the witnesses or evidence are located.
    30    3. Only the Home State shall have the power  to  take  Adverse  Action
    31  against  a  Licensed Professional Counselor's license issued by the Home
    32  State.
    33    B. For purposes of taking Adverse Action, the Home  State  shall  give
    34  the  same priority and effect to reported conduct received from a Member
    35  State as it would if the conduct had occurred within the Home State.  In
    36  so  doing,  the  Home  State shall apply its own State laws to determine
    37  appropriate action.
    38    C. The Home State shall  complete  any  pending  investigations  of  a
    39  Licensed  Professional  Counselor who changes primary State of residence
    40  during the course of the investigations. The Home State shall also  have
    41  the  authority  to  take appropriate action(s) and shall promptly report
    42  the conclusions of the investigations to the administrator of  the  Data
    43  System.  The  administrator  of  the  coordinated  licensure information
    44  system shall promptly notify the new Home State of any Adverse Actions.
    45    D. A Member State, if otherwise permitted by State  law,  may  recover
    46  from  the affected Licensed Professional Counselor the costs of investi-
    47  gations and dispositions of cases  resulting  from  any  Adverse  Action
    48  taken against that Licensed Professional Counselor.
    49    E.  A  Member State may take Adverse Action based on the factual find-
    50  ings of the Remote State, provided that the Member State follows its own
    51  procedures for taking the Adverse Action.
    52    F. Joint Investigations:

        S. 6883                            39
 
     1    1. In addition to the authority granted  to  a  Member  State  by  its
     2  respective  Professional  Counseling  practice  act  or other applicable
     3  State law, any Member State may participate with other Member States  in
     4  joint investigations of Licensees.
     5    2. Member States shall share any investigative, litigation, or compli-
     6  ance  materials  in furtherance of any joint or individual investigation
     7  initiated under the Compact.
     8    G. If Adverse Action is taken by the Home State against the license of
     9  a Licensed Professional Counselor, the Licensed Professional Counselor's
    10  Privilege to Practice in all other Member States  shall  be  deactivated
    11  until  all  Encumbrances  have  been removed from the State license. All
    12  Home State disciplinary orders that impose Adverse  Action  against  the
    13  license  of  a Licensed Professional Counselor shall include a Statement
    14  that the Licensed Professional  Counselor's  Privilege  to  Practice  is
    15  deactivated in all Member States during the pendency of the order.
    16    H.  If  a  Member State takes Adverse Action, it shall promptly notify
    17  the administrator of the Data System.  The  administrator  of  the  Data
    18  System  shall  promptly  notify the Home State of any Adverse Actions by
    19  Remote States.
    20    I. Nothing in this Compact shall override a  Member  State's  decision
    21  that  participation  in  an  Alternative  Program may be used in lieu of
    22  Adverse Action.
 
    23                                 SECTION 9.
    24               ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
 
    25    A. The Compact Member States  hereby  create  and  establish  a  joint
    26  public agency known as the Counseling Compact Commission:
    27    1. The Commission is an instrumentality of the Compact States.
    28    2.  Venue is proper and judicial proceedings by or against the Commis-
    29  sion shall be brought solely and exclusively in  a  court  of  competent
    30  jurisdiction  where  the  principal office of the Commission is located.
    31  The Commission may waive venue and jurisdictional defenses to the extent
    32  it adopts or consents to participate in alternative  dispute  resolution
    33  proceedings.
    34    3. Nothing in this Compact shall be construed to be a waiver of sover-
    35  eign immunity.
    36    B. Membership, Voting, and Meetings
    37    1.  Each  Member  State  shall have and be limited to one (1) delegate
    38  selected by that Member State's Licensing Board.
    39    2. The delegate shall be either:
    40    a. A current member of the Licensing Board at the time of appointment,
    41  who is a Licensed Professional Counselor or public member; or
    42    b. An administrator of the Licensing Board.
    43    3. Any delegate may be removed or suspended from office as provided by
    44  the law of the State from which the delegate is appointed.
    45    4. The Member State Licensing Board shall fill any  vacancy  occurring
    46  on the Commission within 60 days.
    47    5.  Each delegate shall be entitled to one (1) vote with regard to the
    48  promulgation of Rules and creation of bylaws and shall otherwise have an
    49  opportunity to participate in the business and affairs  of  the  Commis-
    50  sion.
    51    6.  A delegate shall vote in person or by such other means as provided
    52  in the bylaws. The bylaws may provide for  delegates'  participation  in
    53  meetings by telephone or other means of communication.

        S. 6883                            40

     1    7.  The Commission shall meet at least once during each calendar year.
     2  Additional meetings shall be held as set forth in the bylaws.
     3    8.  The Commission shall by Rule establish a term of office for deleg-
     4  ates and may by Rule establish term limits.
     5    C. The Commission shall have the following powers and duties:
     6    1. Establish the fiscal year of the Commission;
     7    2. Establish bylaws;
     8    3. Maintain its financial records in accordance with the bylaws;
     9    4. Meet and take such actions as are consistent with the provisions of
    10  this Compact and the bylaws;
    11    5. Promulgate Rules which shall be binding to the extent  and  in  the
    12  manner provided for in the Compact;
    13    6. Bring and prosecute legal proceedings or actions in the name of the
    14  Commission,  provided  that the standing of any State Licensing Board to
    15  sue or be sued under applicable law shall not be affected;
    16    7. Purchase and maintain insurance and bonds;
    17    8. Borrow, accept, or contract for services of  personnel,  including,
    18  but not limited to, employees of a Member State;
    19    9. Hire employees, elect or appoint officers, fix compensation, define
    20  duties,  grant  such  individuals appropriate authority to carry out the
    21  purposes of the Compact, and establish the Commission's personnel  poli-
    22  cies  and  programs relating to conflicts of interest, qualifications of
    23  personnel, and other related personnel matters;
    24    10. Accept any and all appropriate  donations  and  grants  of  money,
    25  equipment,  supplies,  materials, and services, and to receive, utilize,
    26  and dispose of the same; provided that at all times the Commission shall
    27  avoid any appearance of impropriety and/or conflict of interest;
    28    11. Lease, purchase, accept appropriate  gifts  or  donations  of,  or
    29  otherwise  to own, hold, improve or use, any property, real, personal or
    30  mixed; provided that at all times the Commission shall avoid any appear-
    31  ance of impropriety;
    32    12. Sell convey, mortgage, pledge, lease, exchange, abandon, or other-
    33  wise dispose of any property real, personal, or mixed;
    34    13. Establish a budget and make expenditures;
    35    14. Borrow money;
    36    15. Appoint committees,  including  standing  committees  composed  of
    37  members,  State  regulators, State legislators or their representatives,
    38  and consumer representatives, and such other interested persons  as  may
    39  be designated in this Compact and the bylaws;
    40    16.  Provide  and  receive  information  from, and cooperate with, law
    41  enforcement agencies;
    42    17. Establish and elect an Executive Committee; and
    43    18. Perform such other functions as may be necessary or appropriate to
    44  achieve the purposes of this Compact consistent  with  the  State  regu-
    45  lation of Professional Counseling licensure and practice.
    46    D. The Executive Committee.
    47    1.  The  Executive  Committee shall have the power to act on behalf of
    48  the Commission according to the terms of this Compact.
    49    2. The Executive Committee shall be composed  of  up  to  eleven  (11)
    50  members:
    51    a.  Seven  voting  members  who are elected by the Commission from the
    52  current membership of the Commission; and
    53    b. Up to four (4) ex-officio, nonvoting members from four  (4)  recog-
    54  nized national professional counselor organizations.
    55    c.  The ex-officio members will be selected by their respective organ-
    56  izations.

        S. 6883                            41
 
     1    3. The Commission may remove any member of the Executive Committee  as
     2  provided in bylaws.
     3    4. The Executive Committee shall meet at least annually.
     4    5. The Executive Committee shall have the following duties and respon-
     5  sibilities:
     6    a.  Recommend to the entire Commission changes to the Rules or bylaws,
     7  changes to this Compact legislation, fees paid by Compact Member  States
     8  such as annual dues, and any Commission Compact fee charged to Licensees
     9  for the Privilege to Practice;
    10    b.  Ensure Compact administration services are appropriately provided,
    11  contractual or otherwise;
    12    c. Prepare and recommend the budget;
    13    d. Maintain financial records on behalf of the Commission;
    14    e. Monitor Compact compliance of Member States and provide  compliance
    15  reports to the Commission;
    16    f. Establish additional committees as necessary; and
    17    g. Other duties as provided in Rules or bylaws.
    18    E. Meetings of the Commission.
    19    1.  All  meetings  shall  be  open to the public, and public notice of
    20  meetings shall be given in the same manner as required under  the  Rule-
    21  making provisions in Section 11.
    22    2.  The  Commission  or the Executive Committee or other committees of
    23  the Commission may convene  in  a  closed,  non-public  meeting  if  the
    24  Commission  or Executive Committee or other committees of the Commission
    25  must discuss:
    26    a. Non-compliance of a Member State with  its  obligations  under  the
    27  Compact;
    28    b.  The  employment,  compensation, discipline or other matters, prac-
    29  tices or procedures related  to  specific  employees  or  other  matters
    30  related to the Commission's internal personnel practices and procedures;
    31    c. Current, threatened, or reasonably anticipated litigation;
    32    d. Negotiation of contracts for the purchase, lease, or sale of goods,
    33  services, or real estate;
    34    e. Accusing any person of a crime or formally censuring any person;
    35    f.  Disclosure of trade secrets or commercial or financial information
    36  that is privileged or confidential;
    37    g. Disclosure of information of a  personal  nature  where  disclosure
    38  would constitute a clearly unwarranted invasion of personal privacy;
    39    h.  Disclosure  of  investigative records compiled for law enforcement
    40  purposes;
    41    i. Disclosure of information  related  to  any  investigative  reports
    42  prepared  by  or  on  behalf  of  or  for use of the Commission or other
    43  committee charged with responsibility of investigation or  determination
    44  of compliance issues pursuant to the Compact; or
    45    j.  Matters specifically exempted from disclosure by federal or Member
    46  State statute.
    47    3. If a meeting, or portion of a meeting, is closed pursuant  to  this
    48  provision, the Commission's legal counsel or designee shall certify that
    49  the  meeting  may  be closed and shall reference each relevant exempting
    50  provision.
    51    4. The Commission shall keep minutes that fully and  clearly  describe
    52  all matters discussed in a meeting and shall provide a full and accurate
    53  summary  of  actions  taken,  and  the  reasons  therefore,  including a
    54  description  of  the  views  expressed.  All  documents  considered   in
    55  connection  with  an  action  shall  be  identified in such minutes. All
    56  minutes and documents of a  closed  meeting  shall  remain  under  seal,

        S. 6883                            42
 
     1  subject  to  release  by a majority vote of the Commission or order of a
     2  court of competent jurisdiction.
     3    F. Financing of the Commission.
     4    1.  The  Commission  shall  pay,  or  provide  for the payment of, the
     5  reasonable expenses of  its  establishment,  organization,  and  ongoing
     6  activities.
     7    2.  The Commission may accept any and all appropriate revenue sources,
     8  donations, and grants of  money,  equipment,  supplies,  materials,  and
     9  services.
    10    3.  The  Commission  may levy on and collect an annual assessment from
    11  each Member State or impose fees on other parties to cover the  cost  of
    12  the  operations  and  activities  of the Commission and its staff, which
    13  must be in a total amount sufficient  to  cover  its  annual  budget  as
    14  approved  each  year for which revenue is not provided by other sources.
    15  The aggregate annual assessment amount shall be allocated based  upon  a
    16  formula  to  be  determined  by the Commission, which shall promulgate a
    17  Rule binding upon all Member States.
    18    4. The Commission shall not incur obligations of  any  kind  prior  to
    19  securing  the  funds adequate to meet the same; nor shall the Commission
    20  pledge the credit of any of the Member States, except by  and  with  the
    21  authority of the Member State.
    22    5.  The  Commission  shall  keep accurate accounts of all receipts and
    23  disbursements.  The receipts and disbursements of the  Commission  shall
    24  be  subject to the audit and accounting procedures established under its
    25  bylaws. However, all receipts and disbursements of funds handled by  the
    26  Commission  shall  be  audited  yearly by a certified or licensed public
    27  accountant, and the report of the audit shall be included in and  become
    28  part of the annual report of the Commission.
    29    G. Qualified Immunity, Defense, and Indemnification.
    30    1.  The members, officers, executive director, employees and represen-
    31  tatives of the Commission shall  be  immune  from  suit  and  liability,
    32  either  personally  or  in  their  official  capacity, for any claim for
    33  damage to or loss of property or personal injury or other civil  liabil-
    34  ity  caused  by  or  arising  out of any actual or alleged act, error or
    35  omission that occurred, or that the person against  whom  the  claim  is
    36  made  had  a reasonable basis for believing occurred within the scope of
    37  Commission employment, duties or responsibilities; provided that nothing
    38  in this paragraph shall be construed to protect  any  such  person  from
    39  suit  and/or liability for any damage, loss, injury, or liability caused
    40  by the intentional or willful or wanton misconduct of that person.
    41    2. The Commission shall defend any member, officer,  executive  direc-
    42  tor,  employee  or  representative of the Commission in any civil action
    43  seeking to impose liability arising out of any actual  or  alleged  act,
    44  error,  or omission that occurred within the scope of Commission employ-
    45  ment, duties, or responsibilities, or that the person against  whom  the
    46  claim  is  made had a reasonable basis for believing occurred within the
    47  scope of Commission employment, duties,  or  responsibilities;  provided
    48  that  nothing  herein  shall  be  construed to prohibit that person from
    49  retaining his or her own counsel; and provided further, that the  actual
    50  or  alleged  act,  error,  or omission did not result from that person's
    51  intentional or willful or wanton misconduct.
    52    3. The Commission shall indemnify and hold harmless any member,  offi-
    53  cer,  executive  director, employee, or representative of the Commission
    54  for the amount of any  settlement  or  judgment  obtained  against  that
    55  person arising out of any actual or alleged act, error, or omission that
    56  occurred within the scope of Commission employment, duties, or responsi-

        S. 6883                            43
 
     1  bilities,  or  that  such  person  had  a reasonable basis for believing
     2  occurred within the scope of Commission employment, duties, or responsi-
     3  bilities, provided that the actual or alleged act,  error,  or  omission
     4  did  not  result from the intentional or willful or wanton misconduct of
     5  that person.
 
     6                                 SECTION 10.
     7                                 DATA SYSTEM
 
     8    A. The Commission shall  provide  for  the  development,  maintenance,
     9  operation,  and  utilization  of  a  coordinated  database and reporting
    10  system containing licensure, Adverse Action, and Investigative  Informa-
    11  tion on all licensed individuals in Member States.
    12    B. Notwithstanding any other provision of State law to the contrary, a
    13  Member  State  shall submit a uniform data set to the Data System on all
    14  individuals to whom this Compact is applicable as required by the  Rules
    15  of the Commission, including:
    16    1. Identifying information;
    17    2. Licensure data;
    18    3. Adverse Actions against a license or Privilege to Practice;
    19    4. Non-confidential information related to Alternative Program partic-
    20  ipation;
    21    5. Any denial of application for licensure, and the reason(s) for such
    22  denial;
    23    6. Current Significant Investigative Information; and
    24    7.  Other  information  that may facilitate the administration of this
    25  Compact, as determined by the Rules of the Commission.
    26    C. Investigative Information pertaining to a Licensee  in  any  Member
    27  State will only be available to other Member States.
    28    D.  The  Commission  shall  promptly  notify  all Member States of any
    29  Adverse Action taken against a Licensee or an individual applying for  a
    30  license.    Adverse  Action  information pertaining to a Licensee in any
    31  Member State will be available to any other Member State.
    32    E. Member States contributing  information  to  the  Data  System  may
    33  designate information that may not be shared with the public without the
    34  express permission of the contributing State.
    35    F.  Any  information submitted to the Data System that is subsequently
    36  required to be expunged by the laws of the Member State contributing the
    37  information shall be removed from the Data System.
 
    38                                 SECTION 11.
    39                                 RULEMAKING
 
    40    A. The Commission shall promulgate reasonable Rules in order to effec-
    41  tively and efficiently achieve the purpose of the Compact. Notwithstand-
    42  ing the foregoing, in the event the Commission exercises its  Rulemaking
    43  authority  in  a  manner that is beyond the scope of the purposes of the
    44  Compact, or the powers granted hereunder, then such  an  action  by  the
    45  Commission shall be invalid and have no force or effect.
    46    B. The Commission shall exercise its Rulemaking powers pursuant to the
    47  criteria  set  forth  in  this Section and the Rules adopted thereunder.
    48  Rules and amendments shall become binding as of the  date  specified  in
    49  each Rule or amendment.
    50    C.  If  a  majority of the legislatures of the Member States rejects a
    51  Rule, by enactment of a statute or resolution in the same manner used to
    52  adopt the Compact within four (4) years of the date of adoption  of  the

        S. 6883                            44
 
     1  Rule,  then  such  Rule  shall  have  no further force and effect in any
     2  Member State.
     3    D.  Rules  or amendments to the Rules shall be adopted at a regular or
     4  special meeting of the Commission.
     5    E. Prior to promulgation and adoption of a final Rule or Rules by  the
     6  Commission,  and  at least thirty (30) days in advance of the meeting at
     7  which the Rule will be considered and voted upon, the  Commission  shall
     8  file a Notice of Proposed Rulemaking:
     9    1. On the website of the Commission or other publicly accessible plat-
    10  form; and
    11    2. On the website of each Member State Professional Counseling Licens-
    12  ing  Board  or  other publicly accessible platform or the publication in
    13  which each State would otherwise publish proposed Rules.
    14    F. The Notice of Proposed Rulemaking shall include:
    15    1. The proposed time, date, and location of the meeting in  which  the
    16  Rule will be considered and voted upon;
    17    2.  The  text of the proposed Rule or amendment and the reason for the
    18  proposed Rule;
    19    3. A request for comments on the proposed  Rule  from  any  interested
    20  person; and
    21    4.  The  manner  in  which interested persons may submit notice to the
    22  Commission of their intention to attend the public hearing and any writ-
    23  ten comments.
    24    G. Prior to adoption of a proposed Rule, the  Commission  shall  allow
    25  persons  to  submit  written data, facts, opinions, and arguments, which
    26  shall be made available to the public.
    27    H. The Commission shall grant an  opportunity  for  a  public  hearing
    28  before it adopts a Rule or amendment if a hearing is requested by:
    29    1. At least twenty-five (25) persons;
    30    2. A State or federal governmental subdivision or agency; or
    31    3. An association having at least twenty-five (25) members.
    32    I. If a hearing is held on the proposed Rule or amendment, the Commis-
    33  sion  shall  publish  the  place, time, and date of the scheduled public
    34  hearing. If the hearing is held via  electronic  means,  the  Commission
    35  shall publish the mechanism for access to the electronic hearing.
    36    1.  All  persons  wishing  to be heard at the hearing shall notify the
    37  executive director of the Commission or other designated member in writ-
    38  ing of their desire to appear and testify at the hearing not  less  than
    39  five (5) business days before the scheduled date of the hearing.
    40    2.  Hearings  shall be conducted in a manner providing each person who
    41  wishes to comment a fair and reasonable opportunity to comment orally or
    42  in writing.
    43    3. All hearings will be recorded. A copy of the recording will be made
    44  available on request.
    45    4. Nothing in this section shall be construed as requiring a  separate
    46  hearing  on  each  Rule. Rules may be grouped for the convenience of the
    47  Commission at hearings required by this section.
    48    J. Following the scheduled hearing date, or by the close  of  business
    49  on  the  scheduled hearing date if the hearing was not held, the Commis-
    50  sion shall consider all written and oral comments received.
    51    K. If no written notice of intent to  attend  the  public  hearing  by
    52  interested  parties is received, the Commission may proceed with promul-
    53  gation of the proposed Rule without a public hearing.
    54    L. The Commission shall, by majority vote of all members,  take  final
    55  action  on  the  proposed Rule and shall determine the effective date of

        S. 6883                            45
 
     1  the Rule, if any, based on the Rulemaking record and the  full  text  of
     2  the Rule.
     3    M.  Upon  determination  that  an emergency exists, the Commission may
     4  consider and adopt an emergency Rule without prior  notice,  opportunity
     5  for  comment,  or hearing, provided that the usual Rulemaking procedures
     6  provided in the Compact and  in  this  section  shall  be  retroactively
     7  applied  to  the  Rule as soon as reasonably possible, in no event later
     8  than ninety (90) days after the effective date  of  the  Rule.  For  the
     9  purposes  of  this  provision,  an  emergency  Rule  is one that must be
    10  adopted immediately in order to:
    11    1. Meet an imminent threat to public health, safety, or welfare;
    12    2. Prevent a loss of Commission or Member State funds;
    13    3. Meet a deadline for the promulgation of an administrative Rule that
    14  is established by federal law or Rule; or
    15    4. Protect public health and safety.
    16    N. The Commission or an authorized committee  of  the  Commission  may
    17  direct  revisions to a previously adopted Rule or amendment for purposes
    18  of correcting typographical errors, errors in format, errors in consist-
    19  ency, or grammatical errors. Public notice of  any  revisions  shall  be
    20  posted  on  the website of the Commission. The revision shall be subject
    21  to challenge by any person for a period of thirty (30) days after  post-
    22  ing.  The  revision  may be challenged only on grounds that the revision
    23  results in a material change to a Rule. A challenge  shall  be  made  in
    24  writing and delivered to the chair of the Commission prior to the end of
    25  the  notice  period.  If  no  challenge  is made, the revision will take
    26  effect without further  action.  If  the  revision  is  challenged,  the
    27  revision may not take effect without the approval of the Commission.
 
    28                                 SECTION 12.
    29               OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
    30    A. Oversight.
    31    1.  The executive, legislative, and judicial branches of State govern-
    32  ment in each Member State  shall  enforce  this  Compact  and  take  all
    33  actions  necessary  and appropriate to effectuate the Compact's purposes
    34  and intent. The provisions of this Compact  and  the  Rules  promulgated
    35  hereunder shall have standing as statutory law.
    36    2.  All courts shall take judicial notice of the Compact and the Rules
    37  in any judicial or administrative proceeding in a Member State  pertain-
    38  ing  to  the subject matter of this Compact which may affect the powers,
    39  responsibilities, or actions of the Commission.
    40    3. The Commission shall be entitled to receive service of  process  in
    41  any  such  proceeding  and  shall  have  standing to intervene in such a
    42  proceeding for all purposes. Failure to provide service  of  process  to
    43  the  Commission  shall render a judgment or order void as to the Commis-
    44  sion, this Compact, or promulgated Rules.
    45    B. Default, Technical Assistance, and Termination.
    46    1. If the Commission determines that a Member State has  defaulted  in
    47  the  performance  of  its  obligations  or  responsibilities  under this
    48  Compact or the promulgated Rules, the Commission shall:
    49    a. Provide written notice to the defaulting  State  and  other  Member
    50  States  of  the  nature of the default, the proposed means of curing the
    51  default and/or any other action to be taken by the Commission; and
    52    b. Provide remedial training and specific technical assistance regard-
    53  ing the default.

        S. 6883                            46
 
     1    C. If a State in default fails to cure  the  default,  the  defaulting
     2  State  may  be terminated from the Compact upon an affirmative vote of a
     3  majority of the Member States, and all rights, privileges  and  benefits
     4  conferred  by  this  Compact  may be terminated on the effective date of
     5  termination.  A cure of the default does not relieve the offending State
     6  of obligations or liabilities incurred during the period of default.
     7    D. Termination of membership in the  Compact  shall  be  imposed  only
     8  after all other means of securing compliance have been exhausted. Notice
     9  of  intent  to  suspend or terminate shall be given by the Commission to
    10  the governor, the  majority  and  minority  leaders  of  the  defaulting
    11  State's legislature, and each of the Member States.
    12    E.  A  State  that  has been terminated is responsible for all assess-
    13  ments, obligations, and liabilities incurred through the effective  date
    14  of  termination,  including obligations that extend beyond the effective
    15  date of termination.
    16    F. The Commission shall not bear any costs related to a State that  is
    17  found  to  be  in  default or that has been terminated from the Compact,
    18  unless agreed upon in writing between the Commission and the  defaulting
    19  State.
    20    G.  The  defaulting  State  may appeal the action of the Commission by
    21  petitioning the U.S. District Court for the District of Columbia or  the
    22  federal  district  where  the  Commission has its principal offices. The
    23  prevailing member shall be awarded all costs of such litigation, includ-
    24  ing reasonable attorney's fees.
    25    H. Dispute Resolution.
    26    1. Upon request by a Member State, the  Commission  shall  attempt  to
    27  resolve  disputes  related to the Compact that arise among Member States
    28  and between member and non-Member States.
    29    2. The Commission shall promulgate a Rule providing for both mediation
    30  and binding dispute resolution for disputes as appropriate.
    31    I. Enforcement.
    32    1. The Commission, in the reasonable exercise of its discretion, shall
    33  enforce the provisions and Rules of this Compact.
    34    2. By majority vote, the Commission may initiate legal action  in  the
    35  United States District Court for the District of Columbia or the federal
    36  district where the Commission has its principal offices against a Member
    37  State  in  default  to  enforce  compliance  with  the provisions of the
    38  Compact and its promulgated Rules and  bylaws.  The  relief  sought  may
    39  include  both  injunctive  relief  and  damages.  In  the event judicial
    40  enforcement is necessary, the prevailing member  shall  be  awarded  all
    41  costs of such litigation, including reasonable attorney's fees.
    42    3.  The  remedies  herein  shall  not be the exclusive remedies of the
    43  Commission. The Commission may pursue any other remedies available under
    44  federal or State law.
 
    45                                 SECTION 13.
    46       DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
    47                 ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
 
    48    A. The Compact shall come into effect on the date on which the Compact
    49  statute is enacted into law in the tenth Member State.  The  provisions,
    50  which  become  effective  at  that  time, shall be limited to the powers
    51  granted to the Commission relating to assembly and the  promulgation  of
    52  Rules.  Thereafter,  the  Commission  shall meet and exercise Rulemaking
    53  powers  necessary  to  the  implementation  and  administration  of  the
    54  Compact.

        S. 6883                            47
 
     1    B.  Any  State  that  joins the Compact subsequent to the Commission's
     2  initial adoption of the Rules shall be subject  to  the  Rules  as  they
     3  exist  on  the  date on which the Compact becomes law in that State. Any
     4  Rule that has been previously adopted by the Commission shall  have  the
     5  full  force and effect of law on the day the Compact becomes law in that
     6  State.
     7    C. Any Member State may withdraw from this Compact by enacting a stat-
     8  ute repealing the same.
     9    1. A Member State's withdrawal shall not take  effect  until  six  (6)
    10  months after enactment of the repealing statute.
    11    2. Withdrawal shall not affect the continuing requirement of the with-
    12  drawing  State's  Professional Counseling Licensing Board to comply with
    13  the investigative and Adverse Action reporting requirements of this  act
    14  prior to the effective date of withdrawal.
    15    D.  Nothing contained in this Compact shall be construed to invalidate
    16  or prevent any Professional  Counseling  licensure  agreement  or  other
    17  cooperative  arrangement  between  a Member State and a non-Member State
    18  that does not conflict with the provisions of this Compact.
    19    E. This Compact may be amended by the Member States. No  amendment  to
    20  this  Compact  shall  become effective and binding upon any Member State
    21  until it is enacted into the laws of all Member States.
 
    22                                 SECTION 14.
    23                        CONSTRUCTION AND SEVERABILITY
 
    24    This Compact shall be liberally construed  so  as  to  effectuate  the
    25  purposes  thereof. The provisions of this Compact shall be severable and
    26  if any phrase, clause, sentence or provision of this Compact is declared
    27  to be contrary to the constitution of any Member State or of the  United
    28  States or the applicability thereof to any government, agency, person or
    29  circumstance  is  held  invalid,  the  validity of the remainder of this
    30  Compact and the applicability thereof to any government, agency,  person
    31  or  circumstance shall not be affected thereby. If this Compact shall be
    32  held contrary to the constitution of any Member State, the Compact shall
    33  remain in full force and effect as to the remaining Member States and in
    34  full force and effect as to the Member State affected as to all  severa-
    35  ble matters.

    36                                 SECTION 15.
    37                  BINDING EFFECT OF COMPACT AND OTHER LAWS
 
    38    A.  A  Licensee providing Professional Counseling services in a Remote
    39  State under the Privilege to Practice shall adhere to the laws and regu-
    40  lations, including scope of practice, of the Remote State.
    41    B. Nothing herein prevents the enforcement  of  any  other  law  of  a
    42  Member State that is not inconsistent with the Compact.
    43    C.  Any laws in a Member State in conflict with the Compact are super-
    44  seded to the extent of the conflict.
    45    D. Any lawful actions of  the  Commission,  including  all  Rules  and
    46  bylaws  properly  promulgated  by  the  Commission, are binding upon the
    47  Member States.
    48    E. All permissible agreements between the Commission  and  the  Member
    49  States are binding in accordance with their terms.
    50    F.  In  the  event  any provision of the Compact exceeds the constitu-
    51  tional limits imposed on  the  legislature  of  any  Member  State,  the

        S. 6883                            48
 
     1  provision  shall  be  ineffective to the extent of the conflict with the
     2  constitutional provision in question in that Member State.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.    Effective  immediately,  the  addition,  amendment
     5  and/or repeal of any rule or regulation necessary for the implementation
     6  of  this  act  on  its  effective  date  are  authorized  to be made and
     7  completed on or before such effective date.
     8    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     9  sion, section or part of this act shall be  adjudged  by  any  court  of
    10  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    11  impair, or invalidate the remainder thereof, but shall  be  confined  in
    12  its  operation  to the clause, sentence, paragraph, subdivision, section
    13  or part thereof directly involved in the controversy in which such judg-
    14  ment shall have been rendered. It is hereby declared to be the intent of
    15  the legislature that this act would  have  been  enacted  even  if  such
    16  invalid provisions had not been included herein.
    17    §  3.  This act shall take effect immediately; provided, however, that
    18  the applicable effective date of Parts A through C of this act shall  be
    19  as specifically set forth in the last section of such Parts.
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