SB534: Bill Text

SB534,26,15 (c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

SB534,26,23 (d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.

SB534,27,3 (e) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

SB534,27,7 (5) Article V — Compact temporary authorization to practice. (a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with sub. (3), to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact.

SB534,27,10 (b) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

SB534,27,12 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

SB534,27,15 a. Regionally accredited by an accrediting body recognized by the U.S. department of education to grant graduate degrees, OR authorized by provincial statute or royal charter to grant doctoral degrees; OR

SB534,27,19 b. A foreign college or university deemed to be equivalent to subd. 1. a. by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

SB534,27,20 2. Hold a graduate degree in psychology that meets the following criteria:

SB534,27,24 a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

SB534,28,2 b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

SB534,28,4 c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

SB534,28,5 d. The program must consist of an integrated, organized sequence of study;

SB534,28,7 e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

SB534,28,9 f. The designated director of the program must be a psychologist and a member of the core faculty;

SB534,28,11 g. The program must have an identifiable body of students who are matriculated in that program for a degree;

SB534,28,13 h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

SB534,28,16 i. The curriculum shall encompass a minimum of three academic years of full- time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree;

SB534,28,18 j. The program includes an acceptable residency as defined by the rules of the commission.

SB534,28,20 3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

SB534,28,21 4. No history of adverse action that violate the rules of the commission;

SB534,28,22 5. No criminal record history that violates the rules of the commission;

SB534,28,23 6. Possess a current, active IPC;

SB534,29,3 7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and

SB534,29,4 8. Meet other criteria as defined by the rules of the commission.

SB534,29,7 (c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

SB534,29,14 (d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.

SB534,29,19 (e) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

SB534,29,24 (6) Article VI — Conditions of telepsychology practice in a receiving state. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:

SB534,30,2 (a) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state;

SB534,30,4 (b) Other conditions regarding telepsychology as determined by rules promulgated by the commission.

SB534,30,8 (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.

SB534,30,12 (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.

SB534,30,16 (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.

SB534,30,20 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.

SB534,30,23 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.

SB534,30,25 3. Other actions may be imposed as determined by the rules promulgated by the commission.

SB534,31,5 (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.

SB534,31,11 (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.

SB534,31,19 (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.

SB534,31,22 (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).

SB534,32,2 (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:

SB534,32,11 (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

SB534,32,14 (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.

SB534,33,2 (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.

SB534,33,8 (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.

SB534,33,11 (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:

SB534,33,12 1. Identifying information;

SB534,33,13 2. Licensure data;

SB534,33,14 3. Significant investigatory information;

SB534,33,15 4. Adverse actions against a psychologist's license;

SB534,33,17 5. An indicator that a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice is revoked;

SB534,33,19 6. Non-confidential information related to alternative program participation information;

SB534,33,20 7. Any denial of application for licensure, and the reasons for such denial; and

SB534,33,22 8. Other information which may facilitate the administration of this compact, as determined by the rules of the commission.

SB534,33,25 (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.

SB534,34,3 (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.

SB534,34,6 (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.

SB534,34,9 (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.

SB534,34,11 1. The commission is a body politic and an instrumentality of the compact states.

SB534,34,16 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.

SB534,34,18 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

SB534,34,23 (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:

SB534,34,24 a. Executive director, executive secretary or similar executive;

SB534,35,2 b. Current member of the state psychology regulatory authority of a compact state; OR

SB534,35,4 c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.

SB534,35,8 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.

SB534,35,14 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.

SB534,35,16 4. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

SB534,35,19 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).

SB534,35,21 6. The commission may convene in a closed, non-public meeting if the commission must discuss:

SB534,35,22 a. Non-compliance of a compact state with its obligations under the compact;

SB534,35,25 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;

SB534,36,2 c. Current, threatened, or reasonably anticipated litigation against the commission;

SB534,36,4 d. Negotiation of contracts for the purchase or sale of goods, services or real estate;

SB534,36,5 e. Accusation against any person of a crime or formally censuring any person;

SB534,36,7 f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;

SB534,36,9 g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

SB534,36,10 h. Disclosure of investigatory records compiled for law enforcement purposes;

SB534,36,14 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

SB534,36,15 j. Matters specifically exempted from disclosure by federal and state statute.

SB534,36,25 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.

SB534,37,4 (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:

SB534,37,5 1. Establishing the fiscal year of the commission;

SB534,37,6 2. Providing reasonable standards and procedures:

SB534,37,7 a. For the establishment and meetings of other committees; and

SB534,37,9 b. Governing any general or specific delegation of any authority or function of the commission;

SB534,37,18 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;

SB534,37,20 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;