SB534: Bill Text

SB534,38,23 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;

SB534,39,3 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;

SB534,39,7 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;

SB534,39,10 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;

SB534,39,12 8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;

SB534,39,13 9. To establish a budget and make expenditures;

SB534,39,14 10. To borrow money;

SB534,39,18 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;

SB534,39,20 12. To provide and receive information from, and to cooperate with, law enforcement agencies;

SB534,39,21 13. To adopt and use an official seal; and

SB534,39,25 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.

SB534,40,1 (e) The executive board:

SB534,40,3 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.

SB534,40,4 1m. The executive board shall be comprised of six members:

SB534,40,6 a. Five voting members who are elected from the current membership of the commission by the commission;

SB534,40,8 b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

SB534,40,10 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.

SB534,40,12 3. The commission may remove any member of the executive board as provided in bylaws.

SB534,40,13 4. The executive board shall meet at least annually.

SB534,40,14 5. The executive board shall have the following duties and responsibilities:

SB534,40,17 a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;

SB534,40,19 b. Ensure compact administration services are appropriately provided, contractual or otherwise;

SB534,40,20 c. Prepare and recommend the budget;

SB534,40,21 d. Maintain financial records on behalf of the commission;

SB534,40,23 e. Monitor compact compliance of member states and provide compliance reports to the commission;

SB534,40,24 f. Establish additional committees as necessary; and

SB534,40,25 g. Other duties as provided in rules or bylaws.

SB534,41,3 (f) Financing of the commission. 1. The commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

SB534,41,5 2. The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.

SB534,41,12 3. The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states.

SB534,41,15 4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.

SB534,41,21 5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

SB534,42,6 (g) Qualified immunity, defense, and indemnification. 1. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.

SB534,42,15 2. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.

SB534,42,23 3. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.

SB534,43,2 (11) Article XI — Rulemaking. (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this subsection and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

SB534,43,5 (b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.

SB534,43,7 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

SB534,43,11 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

SB534,43,12 1. On the website of the commission; and

SB534,43,14 2. On the website of each compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

SB534,43,15 (e) The notice of proposed rulemaking shall include:

SB534,43,17 1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

SB534,43,19 2. The text of the proposed rule or amendment and the reason for the proposed rule;

SB534,43,20 3. A request for comments on the proposed rule from any interested person; and

SB534,43,23 4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

SB534,44,3 (f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

SB534,44,5 (g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

SB534,44,7 1. At least twenty-five (25) persons who submit comments independently of each other;

SB534,44,8 2. A governmental subdivision or agency; or

SB534,44,10 3. A duly appointed person in an association that has having at least twenty-five (25) members.

SB534,44,12 (h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.

SB534,44,16 1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

SB534,44,18 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

SB534,44,24 3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subdivision shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.

SB534,45,3 4. Nothing in this paragraph shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this paragraph.

SB534,45,6 (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

SB534,45,9 (j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

SB534,45,12 (k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

SB534,45,19 (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this paragraph shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

SB534,45,20 1. Meet an imminent threat to public health, safety, or welfare;

SB534,45,21 2. Prevent a loss of commission or compact state funds;

SB534,45,23 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

SB534,45,24 4. Protect public health and safety.

SB534,46,11 (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

SB534,46,16 (12) Article XII — Oversight, dispute resolution and enforcement. (a) Oversight. 1. The executive, legislative and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

SB534,46,20 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.

SB534,46,24 3. The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.

SB534,47,4 (b) Default, technical assistance, and termination. 1. If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

SB534,47,7 a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default and/or any other action to be taken by the commission; and

SB534,47,9 b. Provide remedial training and specific technical assistance regarding the default.

SB534,47,15 2. If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

SB534,47,20 3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.

SB534,47,24 4. A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

SB534,48,3 5. The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

SB534,48,7 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

SB534,48,10 (c) Dispute resolution. 1. Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.

SB534,48,12 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

SB534,48,14 (d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

SB534,48,21 2. By majority vote, the commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

SB534,48,23 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SB534,49,6 (13) Article XIII — Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments. (a) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

SB534,49,11 (b) Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB534,49,13 (c) Any compact state may withdraw from this compact by enacting a statute repealing the same.

SB534,49,15 1. A compact state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

SB534,49,18 2. Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

SB534,49,22 (d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state which does not conflict with the provisions of this compact.

SB534,49,25 (e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

SB534,50,4 (14) Article XIV — Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.