AB537: Bill Text

AB537,29,14 (b) Other conditions regarding telepsychology as determined by rules promulgated by the commission.

AB537,29,18 (7) Article VII — Adverse actions. (a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state.

AB537,29,22 (b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

AB537,30,2 (c) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.

AB537,30,6 1. All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.

AB537,30,9 2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.

AB537,30,11 3. Other actions may be imposed as determined by the rules promulgated by the commission.

AB537,30,16 (d) A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license.

AB537,30,22 (e) A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.

AB537,31,5 (f) Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

AB537,31,8 (g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to par. (c).

AB537,31,12 (8) Article VIII — Additional authorities invested in a compact state's psychology regulatory authority. In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:

AB537,31,21 (a) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

AB537,31,24 (b) Issue cease and desist and/or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.

AB537,32,13 (c) During the course of any investigation, a psychologist may not change his/her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.

AB537,32,19 (9) Article IX — Coordinated licensure information system. (a) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this compact is applicable in all compact states as defined by the rules of the commission.

AB537,32,22 (b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:

AB537,32,23 1. Identifying information;

AB537,32,24 2. Licensure data;

AB537,32,25 3. Significant investigatory information;

AB537,33,1 4. Adverse actions against a psychologist's license;

AB537,33,3 5. An indicator that a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice is revoked;

AB537,33,5 6. Non-confidential information related to alternative program participation information;

AB537,33,6 7. Any denial of application for licensure, and the reasons for such denial; and

AB537,33,8 8. Other information which may facilitate the administration of this compact, as determined by the rules of the commission.

AB537,33,11 (c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

AB537,33,14 (d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

AB537,33,17 (e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.

AB537,33,20 (10) Article X — Establishment of the Psychology Interjurisdictional Compact Commission. (a) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

AB537,33,22 1. The commission is a body politic and an instrumentality of the compact states.

AB537,34,2 2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

AB537,34,4 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

AB537,34,9 (b) Membership, voting, and meetings. 1. The commission shall consist of one voting representative appointed by each compact state who shall serve as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

AB537,34,10 a. Executive director, executive secretary or similar executive;

AB537,34,12 b. Current member of the state psychology regulatory authority of a compact state; OR

AB537,34,14 c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.

AB537,34,18 2. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

AB537,34,24 3. Each commissioner shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication.

AB537,35,2 4. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

AB537,35,5 5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in sub. (6).

AB537,35,7 6. The commission may convene in a closed, non-public meeting if the commission must discuss:

AB537,35,8 a. Non-compliance of a compact state with its obligations under the compact;

AB537,35,11 b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;

AB537,35,13 c. Current, threatened, or reasonably anticipated litigation against the commission;

AB537,35,15 d. Negotiation of contracts for the purchase or sale of goods, services or real estate;

AB537,35,16 e. Accusation against any person of a crime or formally censuring any person;

AB537,35,18 f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;

AB537,35,20 g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

AB537,35,21 h. Disclosure of investigatory records compiled for law enforcement purposes;

AB537,35,25 i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or

AB537,36,1 j. Matters specifically exempted from disclosure by federal and state statute.

AB537,36,11 7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

AB537,36,15 (c) The commission shall, by a majority vote of the commissioners, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:

AB537,36,16 1. Establishing the fiscal year of the commission;

AB537,36,17 2. Providing reasonable standards and procedures:

AB537,36,18 a. For the establishment and meetings of other committees; and

AB537,36,20 b. Governing any general or specific delegation of any authority or function of the commission;

AB537,37,4 3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;

AB537,37,6 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;

AB537,37,10 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;

AB537,37,12 6. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;

AB537,37,15 7. Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and/or reserving of all of its debts and obligations;

AB537,37,18 8. The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;

AB537,37,20 9. The commission shall maintain its financial records in accordance with the bylaws; and

AB537,37,22 10. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

AB537,37,23 (d) The commission shall have the following powers:

AB537,38,3 1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rule shall have the force and effect of law and shall be binding in all compact states;

AB537,38,7 2. To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

AB537,38,8 3. To purchase and maintain insurance and bonds;

AB537,38,10 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;

AB537,38,15 5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

AB537,38,19 6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;

AB537,38,22 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;

AB537,38,24 8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;

AB537,38,25 9. To establish a budget and make expenditures;

AB537,39,1 10. To borrow money;

AB537,39,5 11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

AB537,39,7 12. To provide and receive information from, and to cooperate with, law enforcement agencies;

AB537,39,8 13. To adopt and use an official seal; and

AB537,39,12 14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.

AB537,39,13 (e) The executive board:

AB537,39,15 1. The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.

AB537,39,16 1m. The executive board shall be comprised of six members:

AB537,39,18 a. Five voting members who are elected from the current membership of the commission by the commission;

AB537,39,20 b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

AB537,39,22 2. The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

AB537,39,24 3. The commission may remove any member of the executive board as provided in bylaws.

AB537,39,25 4. The executive board shall meet at least annually.

AB537,40,1 5. The executive board shall have the following duties and responsibilities: