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SB534,38,2322 4. To borrow, accept or contract for services of personnel, including, but not
23limited to, employees of a compact state;
SB534,39,324 5. To hire employees, elect or appoint officers, fix compensation, define duties,
25grant such individuals appropriate authority to carry out the purposes of the

1compact, and to establish the commission's personnel policies and programs relating
2to conflicts of interest, qualifications of personnel, and other related personnel
3matters;
SB534,39,74 6. To accept any and all appropriate donations and grants of money, equipment,
5supplies, materials and services, and to receive, utilize and dispose of the same;
6provided that at all times the commission shall strive to avoid any appearance of
7impropriety and/or conflict of interest;
SB534,39,108 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to
9own, hold, improve or use, any property, real, personal or mixed; provided that at all
10times the commission shall strive to avoid any appearance of impropriety;
SB534,39,1211 8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
12dispose of any property real, personal or mixed;
SB534,39,1313 9. To establish a budget and make expenditures;
SB534,39,1414 10. To borrow money;
SB534,39,1815 11. To appoint committees, including advisory committees comprised of
16members, state regulators, state legislators or their representatives, and consumer
17representatives, and such other interested persons as may be designated in this
18compact and the bylaws;
SB534,39,2019 12. To provide and receive information from, and to cooperate with, law
20enforcement agencies;
SB534,39,2121 13. To adopt and use an official seal; and
SB534,39,2522 14. To perform such other functions as may be necessary or appropriate to
23achieve the purposes of this compact consistent with the state regulation of
24psychology licensure, temporary in-person, face-to-face practice and
25telepsychology practice.
SB534,40,1
1(e) The executive board:
SB534,40,32 1. The elected officers shall serve as the executive board, which shall have the
3power to act on behalf of the commission according to the terms of this compact.
SB534,40,44 1m. The executive board shall be comprised of six members:
SB534,40,65 a. Five voting members who are elected from the current membership of the
6commission by the commission;
SB534,40,87 b. One ex-officio, nonvoting member from the recognized membership
8organization composed of state and provincial psychology regulatory authorities.
SB534,40,109 2. The ex-officio member must have served as staff or member on a state
10psychology regulatory authority and will be selected by its respective organization.
SB534,40,1211 3. The commission may remove any member of the executive board as provided
12in bylaws.
SB534,40,1313 4. The executive board shall meet at least annually.
SB534,40,1414 5. The executive board shall have the following duties and responsibilities:
SB534,40,1715 a. Recommend to the entire commission changes to the rules or bylaws, changes
16to this compact legislation, fees paid by compact states such as annual dues, and any
17other applicable fees;
SB534,40,1918 b. Ensure compact administration services are appropriately provided,
19contractual or otherwise;
SB534,40,2020 c. Prepare and recommend the budget;
SB534,40,2121 d. Maintain financial records on behalf of the commission;
SB534,40,2322 e. Monitor compact compliance of member states and provide compliance
23reports to the commission;
SB534,40,2424 f. Establish additional committees as necessary; and
SB534,40,2525 g. Other duties as provided in rules or bylaws.
SB534,41,3
1(f) Financing of the commission. 1. The commission shall pay, or provide for
2the payment of the reasonable expenses of its establishment, organization and
3ongoing activities.
SB534,41,54 2. The commission may accept any and all appropriate revenue sources,
5donations and grants of money, equipment, supplies, materials and services.
SB534,41,126 3. The commission may levy on and collect an annual assessment from each
7compact state or impose fees on other parties to cover the cost of the operations and
8activities of the commission and its staff which must be in a total amount sufficient
9to cover its annual budget as approved each year for which revenue is not provided
10by other sources. The aggregate annual assessment amount shall be allocated based
11upon a formula to be determined by the commission which shall promulgate a rule
12binding upon all compact states.
SB534,41,1513 4. The commission shall not incur obligations of any kind prior to securing the
14funds adequate to meet the same; nor shall the commission pledge the credit of any
15of the compact states, except by and with the authority of the compact state.
SB534,41,2116 5. The commission shall keep accurate accounts of all receipts and
17disbursements. The receipts and disbursements of the commission shall be subject
18to the audit and accounting procedures established under its bylaws. However, all
19receipts and disbursements of funds handled by the commission shall be audited
20yearly by a certified or licensed public accountant and the report of the audit shall
21be included in and become part of the annual report of the commission.
SB534,42,622 (g) Qualified immunity, defense, and indemnification. 1. The members,
23officers, executive director, employees and representatives of the commission shall
24be immune from suit and liability, either personally or in their official capacity, for
25any claim for damage to or loss of property or personal injury or other civil liability

1caused by or arising out of any actual or alleged act, error or omission that occurred,
2or that the person against whom the claim is made had a reasonable basis for
3believing occurred within the scope of commission employment, duties or
4responsibilities; provided that nothing in this paragraph shall be construed to
5protect any such person from suit and/or liability for any damage, loss, injury or
6liability caused by the intentional or willful or wanton misconduct of that person.
SB534,42,157 2. The commission shall defend any member, officer, executive director,
8employee or representative of the commission in any civil action seeking to impose
9liability arising out of any actual or alleged act, error or omission that occurred
10within the scope of commission employment, duties or responsibilities, or that the
11person against whom the claim is made had a reasonable basis for believing occurred
12within the scope of commission employment, duties or responsibilities; provided that
13nothing herein shall be construed to prohibit that person from retaining his or her
14own counsel; and provided further, that the actual or alleged act, error or omission
15did not result from that person's intentional or willful or wanton misconduct.
SB534,42,2316 3. The commission shall indemnify and hold harmless any member, officer,
17executive director, employee or representative of the commission for the amount of
18any settlement or judgment obtained against that person arising out of any actual
19or alleged act, error or omission that occurred within the scope of commission
20employment, duties or responsibilities, or that such person had a reasonable basis
21for believing occurred within the scope of commission employment, duties or
22responsibilities, provided that the actual or alleged act, error or omission did not
23result from the intentional or willful or wanton misconduct of that person.
SB534,43,2 24(11) Article XI — Rulemaking. (a) The commission shall exercise its
25rulemaking powers pursuant to the criteria set forth in this subsection and the Rules

1adopted thereunder. Rules and amendments shall become binding as of the date
2specified in each rule or amendment.
SB534,43,53 (b) If a majority of the legislatures of the compact states rejects a rule, by
4enactment of a statute or resolution in the same manner used to adopt the compact,
5then such rule shall have no further force and effect in any compact state.
SB534,43,76 (c) Rules or amendments to the rules shall be adopted at a regular or special
7meeting of the commission.
SB534,43,118 (d) Prior to promulgation and adoption of a final rule or rules by the
9commission, and at least sixty (60) days in advance of the meeting at which the rule
10will be considered and voted upon, the commission shall file a notice of proposed
11rulemaking:
SB534,43,1212 1. On the website of the commission; and
SB534,43,1413 2. On the website of each compact states' psychology regulatory authority or
14the publication in which each state would otherwise publish proposed rules.
SB534,43,1515 (e) The notice of proposed rulemaking shall include:
SB534,43,1716 1. The proposed time, date, and location of the meeting in which the rule will
17be considered and voted upon;
SB534,43,1918 2. The text of the proposed rule or amendment and the reason for the proposed
19rule;
SB534,43,2020 3. A request for comments on the proposed rule from any interested person; and
SB534,43,2321 4. The manner in which interested persons may submit notice to the
22commission of their intention to attend the public hearing and any written
23comments.
SB534,44,3
1(f) Prior to adoption of a proposed rule, the commission shall allow persons to
2submit written data, facts, opinions and arguments, which shall be made available
3to the public.
SB534,44,54 (g) The commission shall grant an opportunity for a public hearing before it
5adopts a rule or amendment if a hearing is requested by:
SB534,44,76 1. At least twenty-five (25) persons who submit comments independently of
7each other;
SB534,44,88 2. A governmental subdivision or agency; or
SB534,44,109 3. A duly appointed person in an association that has having at least
10twenty-five (25) members.
SB534,44,1211 (h) If a hearing is held on the proposed rule or amendment, the commission
12shall publish the place, time, and date of the scheduled public hearing.
SB534,44,1613 1. All persons wishing to be heard at the hearing shall notify the executive
14director of the commission or other designated member in writing of their desire to
15appear and testify at the hearing not less than five (5) business days before the
16scheduled date of the hearing.
SB534,44,1817 2. Hearings shall be conducted in a manner providing each person who wishes
18to comment a fair and reasonable opportunity to comment orally or in writing.
SB534,44,2419 3. No transcript of the hearing is required, unless a written request for a
20transcript is made, in which case the person requesting the transcript shall bear the
21cost of producing the transcript. A recording may be made in lieu of a transcript
22under the same terms and conditions as a transcript. This subdivision shall not
23preclude the commission from making a transcript or recording of the hearing if it
24so chooses.
SB534,45,3
14. Nothing in this paragraph shall be construed as requiring a separate hearing
2on each rule. Rules may be grouped for the convenience of the commission at
3hearings required by this paragraph.
SB534,45,64 (i) Following the scheduled hearing date, or by the close of business on the
5scheduled hearing date if the hearing was not held, the commission shall consider
6all written and oral comments received.
SB534,45,97 (j) The commission shall, by majority vote of all members, take final action on
8the proposed rule and shall determine the effective date of the rule, if any, based on
9the rulemaking record and the full text of the rule.
SB534,45,1210 (k) If no written notice of intent to attend the public hearing by interested
11parties is received, the commission may proceed with promulgation of the proposed
12rule without a public hearing.
SB534,45,1913 (L) Upon determination that an emergency exists, the commission may
14consider and adopt an emergency rule without prior notice, opportunity for
15comment, or hearing, provided that the usual rulemaking procedures provided in the
16compact and in this paragraph shall be retroactively applied to the rule as soon as
17reasonably possible, in no event later than ninety (90) days after the effective date
18of the rule. For the purposes of this provision, an emergency rule is one that must
19be adopted immediately in order to:
SB534,45,2020 1. Meet an imminent threat to public health, safety, or welfare;
SB534,45,2121 2. Prevent a loss of commission or compact state funds;
SB534,45,2322 3. Meet a deadline for the promulgation of an administrative rule that is
23established by federal law or rule; or
SB534,45,2424 4. Protect public health and safety.
SB534,46,11
1(m) The commission or an authorized committee of the commission may direct
2revisions to a previously adopted rule or amendment for purposes of correcting
3typographical errors, errors in format, errors in consistency, or grammatical errors.
4Public notice of any revisions shall be posted on the website of the commission. The
5revision shall be subject to challenge by any person for a period of thirty (30) days
6after posting. The revision may be challenged only on grounds that the revision
7results in a material change to a rule. A challenge shall be made in writing, and
8delivered to the chair of the commission prior to the end of the notice period. If no
9challenge is made, the revision will take effect without further action. If the revision
10is challenged, the revision may not take effect without the approval of the
11commission.
SB534,46,16 12(12) Article XII — Oversight, dispute resolution and enforcement. (a)
13Oversight. 1. The executive, legislative and judicial branches of state government
14in each compact state shall enforce this compact and take all actions necessary and
15appropriate to effectuate the compact's purposes and intent. The provisions of this
16compact and the rules promulgated hereunder shall have standing as statutory law.
SB534,46,2017 2. All courts shall take judicial notice of the compact and the rules in any
18judicial or administrative proceeding in a compact state pertaining to the subject
19matter of this compact which may affect the powers, responsibilities or actions of the
20commission.
SB534,46,2421 3. The commission shall be entitled to receive service of process in any such
22proceeding, and shall have standing to intervene in such a proceeding for all
23purposes. Failure to provide service of process to the commission shall render a
24judgment or order void as to the commission, this compact or promulgated rules.
SB534,47,4
1(b) Default, technical assistance, and termination. 1. If the commission
2determines that a compact state has defaulted in the performance of its obligations
3or responsibilities under this compact or the promulgated rules, the commission
4shall:
SB534,47,75 a. Provide written notice to the defaulting state and other compact states of the
6nature of the default, the proposed means of remedying the default and/or any other
7action to be taken by the commission; and
SB534,47,98 b. Provide remedial training and specific technical assistance regarding the
9default.
SB534,47,1510 2. If a state in default fails to remedy the default, the defaulting state may be
11terminated from the compact upon an affirmative vote of a majority of the compact
12states, and all rights, privileges and benefits conferred by this compact shall be
13terminated on the effective date of termination. A remedy of the default does not
14relieve the offending state of obligations or liabilities incurred during the period of
15default.
SB534,47,2016 3. Termination of membership in the compact shall be imposed only after all
17other means of securing compliance have been exhausted. Notice of intent to
18suspend or terminate shall be submitted by the commission to the governor, the
19majority and minority leaders of the defaulting state's legislature, and each of the
20compact states.
SB534,47,2421 4. A compact state which has been terminated is responsible for all
22assessments, obligations and liabilities incurred through the effective date of
23termination, including obligations which extend beyond the effective date of
24termination.
SB534,48,3
15. The commission shall not bear any costs incurred by the state which is found
2to be in default or which has been terminated from the compact, unless agreed upon
3in writing between the commission and the defaulting state.
SB534,48,74 6. The defaulting state may appeal the action of the commission by petitioning
5the U.S. District Court for the state of Georgia or the federal district where the
6compact has its principal offices. The prevailing member shall be awarded all costs
7of such litigation, including reasonable attorney's fees.
SB534,48,108 (c) Dispute resolution. 1. Upon request by a compact state, the commission
9shall attempt to resolve disputes related to the compact which arise among compact
10states and between compact and non-compact states.
SB534,48,1211 2. The commission shall promulgate a rule providing for both mediation and
12binding dispute resolution for disputes that arise before the commission.
SB534,48,1413 (d) Enforcement. 1. The commission, in the reasonable exercise of its
14discretion, shall enforce the provisions and rules of this compact.
SB534,48,2115 2. By majority vote, the commission may initiate legal action in the United
16States District Court for the State of Georgia or the federal district where the
17compact has its principal offices against a compact state in default to enforce
18compliance with the provisions of the compact and its promulgated rules and bylaws.
19The relief sought may include both injunctive relief and damages. In the event
20judicial enforcement is necessary, the prevailing member shall be awarded all costs
21of such litigation, including reasonable attorney's fees.
SB534,48,2322 3. The remedies herein shall not be the exclusive remedies of the commission.
23The commission may pursue any other remedies available under federal or state law.
SB534,49,6 24(13) Article XIII — Date of implementation of the Psychology
25Interjurisdictional Compact Commission and associated rules, withdrawal, and

1amendments.
(a) The compact shall come into effect on the date on which the compact
2is enacted into law in the seventh compact state. The provisions which become
3effective at that time shall be limited to the powers granted to the commission
4relating to assembly and the promulgation of rules. Thereafter, the commission shall
5meet and exercise rulemaking powers necessary to the implementation and
6administration of the compact.
SB534,49,117 (b) Any state which joins the compact subsequent to the commission's initial
8adoption of the rules shall be subject to the rules as they exist on the date on which
9the compact becomes law in that state. Any rule which has been previously adopted
10by the commission shall have the full force and effect of law on the day the compact
11becomes law in that state.
SB534,49,1312 (c) Any compact state may withdraw from this compact by enacting a statute
13repealing the same.
SB534,49,1514 1. A compact state's withdrawal shall not take effect until six (6) months after
15enactment of the repealing statute.
SB534,49,1816 2. Withdrawal shall not affect the continuing requirement of the withdrawing
17state's psychology regulatory authority to comply with the investigative and adverse
18action reporting requirements of this act prior to the effective date of withdrawal.
SB534,49,2219 (d) Nothing contained in this compact shall be construed to invalidate or
20prevent any psychology licensure agreement or other cooperative arrangement
21between a compact state and a non-compact state which does not conflict with the
22provisions of this compact.
SB534,49,2523 (e) This compact may be amended by the compact states. No amendment to this
24compact shall become effective and binding upon any compact state until it is enacted
25into the law of all compact states.
SB534,50,4
1(14) Article XIV — Construction and severability. This compact shall be
2liberally construed so as to effectuate the purposes thereof. If this compact shall be
3held contrary to the constitution of any state member thereto, the compact shall
4remain in full force and effect as to the remaining compact states.
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