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AB537,39,2221 2. The ex-officio member must have served as staff or member on a state
22psychology regulatory authority and will be selected by its respective organization.
AB537,39,2423 3. The commission may remove any member of the executive board as provided
24in bylaws.
AB537,39,2525 4. The executive board shall meet at least annually.
AB537,40,1
15. The executive board shall have the following duties and responsibilities:
AB537,40,42 a. Recommend to the entire commission changes to the rules or bylaws, changes
3to this compact legislation, fees paid by compact states such as annual dues, and any
4other applicable fees;
AB537,40,65 b. Ensure compact administration services are appropriately provided,
6contractual or otherwise;
AB537,40,77 c. Prepare and recommend the budget;
AB537,40,88 d. Maintain financial records on behalf of the commission;
AB537,40,109 e. Monitor compact compliance of member states and provide compliance
10reports to the commission;
AB537,40,1111 f. Establish additional committees as necessary; and
AB537,40,1212 g. Other duties as provided in rules or bylaws.
AB537,40,1513 (f) Financing of the commission. 1. The commission shall pay, or provide for
14the payment of the reasonable expenses of its establishment, organization and
15ongoing activities.
AB537,40,1716 2. The commission may accept any and all appropriate revenue sources,
17donations and grants of money, equipment, supplies, materials and services.
AB537,40,2418 3. The commission may levy on and collect an annual assessment from each
19compact state or impose fees on other parties to cover the cost of the operations and
20activities of the commission and its staff which must be in a total amount sufficient
21to cover its annual budget as approved each year for which revenue is not provided
22by other sources. The aggregate annual assessment amount shall be allocated based
23upon a formula to be determined by the commission which shall promulgate a rule
24binding upon all compact states.
AB537,41,3
14. The commission shall not incur obligations of any kind prior to securing the
2funds adequate to meet the same; nor shall the commission pledge the credit of any
3of the compact states, except by and with the authority of the compact state.
AB537,41,94 5. The commission shall keep accurate accounts of all receipts and
5disbursements. The receipts and disbursements of the commission shall be subject
6to the audit and accounting procedures established under its bylaws. However, all
7receipts and disbursements of funds handled by the commission shall be audited
8yearly by a certified or licensed public accountant and the report of the audit shall
9be included in and become part of the annual report of the commission.
AB537,41,1910 (g) Qualified immunity, defense, and indemnification. 1. The members,
11officers, executive director, employees and representatives of the commission shall
12be immune from suit and liability, either personally or in their official capacity, for
13any claim for damage to or loss of property or personal injury or other civil liability
14caused by or arising out of any actual or alleged act, error or omission that occurred,
15or that the person against whom the claim is made had a reasonable basis for
16believing occurred within the scope of commission employment, duties or
17responsibilities; provided that nothing in this paragraph shall be construed to
18protect any such person from suit and/or liability for any damage, loss, injury or
19liability caused by the intentional or willful or wanton misconduct of that person.
AB537,42,320 2. The commission shall defend any member, officer, executive director,
21employee or representative of the commission in any civil action seeking to impose
22liability arising out of any actual or alleged act, error or omission that occurred
23within the scope of commission employment, duties or responsibilities, or that the
24person against whom the claim is made had a reasonable basis for believing occurred
25within the scope of commission employment, duties or responsibilities; provided that

1nothing herein shall be construed to prohibit that person from retaining his or her
2own counsel; and provided further, that the actual or alleged act, error or omission
3did not result from that person's intentional or willful or wanton misconduct.
AB537,42,114 3. The commission shall indemnify and hold harmless any member, officer,
5executive director, employee or representative of the commission for the amount of
6any settlement or judgment obtained against that person arising out of any actual
7or alleged act, error or omission that occurred within the scope of commission
8employment, duties or responsibilities, or that such person had a reasonable basis
9for believing occurred within the scope of commission employment, duties or
10responsibilities, provided that the actual or alleged act, error or omission did not
11result from the intentional or willful or wanton misconduct of that person.
AB537,42,15 12(11) Article XI — Rulemaking. (a) The commission shall exercise its
13rulemaking powers pursuant to the criteria set forth in this subsection and the Rules
14adopted thereunder. Rules and amendments shall become binding as of the date
15specified in each rule or amendment.
AB537,42,1816 (b) If a majority of the legislatures of the compact states rejects a rule, by
17enactment of a statute or resolution in the same manner used to adopt the compact,
18then such rule shall have no further force and effect in any compact state.
AB537,42,2019 (c) Rules or amendments to the rules shall be adopted at a regular or special
20meeting of the commission.
AB537,42,2421 (d) Prior to promulgation and adoption of a final rule or rules by the
22commission, and at least sixty (60) days in advance of the meeting at which the rule
23will be considered and voted upon, the commission shall file a notice of proposed
24rulemaking:
AB537,42,2525 1. On the website of the commission; and
AB537,43,2
12. On the website of each compact states' psychology regulatory authority or
2the publication in which each state would otherwise publish proposed rules.
AB537,43,33 (e) The notice of proposed rulemaking shall include:
AB537,43,54 1. The proposed time, date, and location of the meeting in which the rule will
5be considered and voted upon;
AB537,43,76 2. The text of the proposed rule or amendment and the reason for the proposed
7rule;
AB537,43,88 3. A request for comments on the proposed rule from any interested person; and
AB537,43,119 4. The manner in which interested persons may submit notice to the
10commission of their intention to attend the public hearing and any written
11comments.
AB537,43,1412 (f) Prior to adoption of a proposed rule, the commission shall allow persons to
13submit written data, facts, opinions and arguments, which shall be made available
14to the public.
AB537,43,1615 (g) The commission shall grant an opportunity for a public hearing before it
16adopts a rule or amendment if a hearing is requested by:
AB537,43,1817 1. At least twenty-five (25) persons who submit comments independently of
18each other;
AB537,43,1919 2. A governmental subdivision or agency; or
AB537,43,2120 3. A duly appointed person in an association that has having at least
21twenty-five (25) members.
AB537,43,2322 (h) If a hearing is held on the proposed rule or amendment, the commission
23shall publish the place, time, and date of the scheduled public hearing.
AB537,44,224 1. All persons wishing to be heard at the hearing shall notify the executive
25director of the commission or other designated member in writing of their desire to

1appear and testify at the hearing not less than five (5) business days before the
2scheduled date of the hearing.
AB537,44,43 2. Hearings shall be conducted in a manner providing each person who wishes
4to comment a fair and reasonable opportunity to comment orally or in writing.
AB537,44,105 3. No transcript of the hearing is required, unless a written request for a
6transcript is made, in which case the person requesting the transcript shall bear the
7cost of producing the transcript. A recording may be made in lieu of a transcript
8under the same terms and conditions as a transcript. This subdivision shall not
9preclude the commission from making a transcript or recording of the hearing if it
10so chooses.
AB537,44,1311 4. Nothing in this paragraph shall be construed as requiring a separate hearing
12on each rule. Rules may be grouped for the convenience of the commission at
13hearings required by this paragraph.
AB537,44,1614 (i) Following the scheduled hearing date, or by the close of business on the
15scheduled hearing date if the hearing was not held, the commission shall consider
16all written and oral comments received.
AB537,44,1917 (j) The commission shall, by majority vote of all members, take final action on
18the proposed rule and shall determine the effective date of the rule, if any, based on
19the rulemaking record and the full text of the rule.
AB537,44,2220 (k) If no written notice of intent to attend the public hearing by interested
21parties is received, the commission may proceed with promulgation of the proposed
22rule without a public hearing.
AB537,45,423 (L) Upon determination that an emergency exists, the commission may
24consider and adopt an emergency rule without prior notice, opportunity for
25comment, or hearing, provided that the usual rulemaking procedures provided in the

1compact and in this paragraph shall be retroactively applied to the rule as soon as
2reasonably possible, in no event later than ninety (90) days after the effective date
3of the rule. For the purposes of this provision, an emergency rule is one that must
4be adopted immediately in order to:
AB537,45,55 1. Meet an imminent threat to public health, safety, or welfare;
AB537,45,66 2. Prevent a loss of commission or compact state funds;
AB537,45,87 3. Meet a deadline for the promulgation of an administrative rule that is
8established by federal law or rule; or
AB537,45,99 4. Protect public health and safety.
AB537,45,2010 (m) The commission or an authorized committee of the commission may direct
11revisions to a previously adopted rule or amendment for purposes of correcting
12typographical errors, errors in format, errors in consistency, or grammatical errors.
13Public notice of any revisions shall be posted on the website of the commission. The
14revision shall be subject to challenge by any person for a period of thirty (30) days
15after posting. The revision may be challenged only on grounds that the revision
16results in a material change to a rule. A challenge shall be made in writing, and
17delivered to the chair of the commission prior to the end of the notice period. If no
18challenge is made, the revision will take effect without further action. If the revision
19is challenged, the revision may not take effect without the approval of the
20commission.
AB537,45,25 21(12) Article XII — Oversight, dispute resolution and enforcement. (a)
22Oversight. 1. The executive, legislative and judicial branches of state government
23in each compact state shall enforce this compact and take all actions necessary and
24appropriate to effectuate the compact's purposes and intent. The provisions of this
25compact and the rules promulgated hereunder shall have standing as statutory law.
AB537,46,4
12. All courts shall take judicial notice of the compact and the rules in any
2judicial or administrative proceeding in a compact state pertaining to the subject
3matter of this compact which may affect the powers, responsibilities or actions of the
4commission.
AB537,46,85 3. The commission shall be entitled to receive service of process in any such
6proceeding, and shall have standing to intervene in such a proceeding for all
7purposes. Failure to provide service of process to the commission shall render a
8judgment or order void as to the commission, this compact or promulgated rules.
AB537,46,129 (b) Default, technical assistance, and termination. 1. If the commission
10determines that a compact state has defaulted in the performance of its obligations
11or responsibilities under this compact or the promulgated rules, the commission
12shall:
AB537,46,1513 a. Provide written notice to the defaulting state and other compact states of the
14nature of the default, the proposed means of remedying the default and/or any other
15action to be taken by the commission; and
AB537,46,1716 b. Provide remedial training and specific technical assistance regarding the
17default.
AB537,46,2318 2. If a state in default fails to remedy the default, the defaulting state may be
19terminated from the compact upon an affirmative vote of a majority of the compact
20states, and all rights, privileges and benefits conferred by this compact shall be
21terminated on the effective date of termination. A remedy of the default does not
22relieve the offending state of obligations or liabilities incurred during the period of
23default.
AB537,47,324 3. Termination of membership in the compact shall be imposed only after all
25other means of securing compliance have been exhausted. Notice of intent to

1suspend or terminate shall be submitted by the commission to the governor, the
2majority and minority leaders of the defaulting state's legislature, and each of the
3compact states.
AB537,47,74 4. A compact state which has been terminated is responsible for all
5assessments, obligations and liabilities incurred through the effective date of
6termination, including obligations which extend beyond the effective date of
7termination.
AB537,47,108 5. The commission shall not bear any costs incurred by the state which is found
9to be in default or which has been terminated from the compact, unless agreed upon
10in writing between the commission and the defaulting state.
AB537,47,1411 6. The defaulting state may appeal the action of the commission by petitioning
12the U.S. District Court for the state of Georgia or the federal district where the
13compact has its principal offices. The prevailing member shall be awarded all costs
14of such litigation, including reasonable attorney's fees.
AB537,47,1715 (c) Dispute resolution. 1. Upon request by a compact state, the commission
16shall attempt to resolve disputes related to the compact which arise among compact
17states and between compact and non-compact states.
AB537,47,1918 2. The commission shall promulgate a rule providing for both mediation and
19binding dispute resolution for disputes that arise before the commission.
AB537,47,2120 (d) Enforcement. 1. The commission, in the reasonable exercise of its
21discretion, shall enforce the provisions and rules of this compact.
AB537,48,322 2. By majority vote, the commission may initiate legal action in the United
23States District Court for the State of Georgia or the federal district where the
24compact has its principal offices against a compact state in default to enforce
25compliance with the provisions of the compact and its promulgated rules and bylaws.

1The relief sought may include both injunctive relief and damages. In the event
2judicial enforcement is necessary, the prevailing member shall be awarded all costs
3of such litigation, including reasonable attorney's fees.
AB537,48,54 3. The remedies herein shall not be the exclusive remedies of the commission.
5The commission may pursue any other remedies available under federal or state law.
AB537,48,13 6(13) Article XIII — Date of implementation of the Psychology
7Interjurisdictional Compact Commission and associated rules, withdrawal, and
8amendments.
(a) The compact shall come into effect on the date on which the compact
9is enacted into law in the seventh compact state. The provisions which become
10effective at that time shall be limited to the powers granted to the commission
11relating to assembly and the promulgation of rules. Thereafter, the commission shall
12meet and exercise rulemaking powers necessary to the implementation and
13administration of the compact.
AB537,48,1814 (b) Any state which joins the compact subsequent to the commission's initial
15adoption of the rules shall be subject to the rules as they exist on the date on which
16the compact becomes law in that state. Any rule which has been previously adopted
17by the commission shall have the full force and effect of law on the day the compact
18becomes law in that state.
AB537,48,2019 (c) Any compact state may withdraw from this compact by enacting a statute
20repealing the same.
AB537,48,2221 1. A compact state's withdrawal shall not take effect until six (6) months after
22enactment of the repealing statute.
AB537,48,2523 2. Withdrawal shall not affect the continuing requirement of the withdrawing
24state's psychology regulatory authority to comply with the investigative and adverse
25action reporting requirements of this act prior to the effective date of withdrawal.
AB537,49,4
1(d) Nothing contained in this compact shall be construed to invalidate or
2prevent any psychology licensure agreement or other cooperative arrangement
3between a compact state and a non-compact state which does not conflict with the
4provisions of this compact.
AB537,49,75 (e) This compact may be amended by the compact states. No amendment to this
6compact shall become effective and binding upon any compact state until it is enacted
7into the law of all compact states.
AB537,49,11 8(14) Article XIV — Construction and severability. This compact shall be
9liberally construed so as to effectuate the purposes thereof. If this compact shall be
10held contrary to the constitution of any state member thereto, the compact shall
11remain in full force and effect as to the remaining compact states.
AB537,47 12Section 47. 455.51 of the statutes is created to read:
AB537,49,14 13455.51 Implementation of the psychology interjurisdictional compact.
14(1) In this section:
AB537,49,1615 (a) “Authority to practice interjurisdictional telepsychology" has the meaning
16given in s. 455.50 (2) (b).
AB537,49,1817 (b) “Interjurisdictional practice certificate” has the meaning given in s. 455.50
18(2) (im).
AB537,49,1919 (c) “E.Passport” has the meaning given in s. 455.50 (2) (g).
AB537,49,2120 (d) “Temporary authorization to practice” has the meaning given in s. 455.50
21(2) (o).
AB537,49,24 22(2) (a) 1. An individual who holds an interjurisdictional practice certificate and
23is exercising the temporary authorization to practice in this state shall comply with
24s. 440.03 (13) (am).
AB537,50,2
12. An individual who holds an E.Passport and is practicing under the authority
2to practice interjurisdictional telepsychology shall comply with s. 440.03 (13) (am).
AB537,50,73 (b) 1. Subject to s. 455.50 and any rules promulgated thereunder, ss. 440.20 to
4440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
5holds an interjurisdictional practice certificate and is exercising the temporary
6authorization to practice in this state in the same manner that they apply to holders
7of licenses issued under subch. I.
AB537,50,128 2. Subject to s. 455.50 and any rules promulgated thereunder, ss. 440.20 to
9440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
10holds an E.Passport and is practicing under the authority to practice
11interjurisdictional telepsychology in the same manner that they apply to holders of
12licenses issued under subch. I.
AB537,48 13Section 48. 457.02 (3) of the statutes is amended to read:
AB537,50,1914 457.02 (3) Require a person who is licensed as a psychologist under ch. 455 or
15who is a psychiatrist to be licensed under this chapter in order to use the title
16“marriage and family therapist," “marriage and family counselor," or “professional
17counselor" if the psychologist or psychiatrist does not use the term “licensed,"
18“certified," or “registered" or any similar term in connection with the title “marriage
19and family therapist," “marriage and family counselor," or “professional counselor."
AB537,49 20Section 49. 632.89 (1) (e) 3. of the statutes is amended to read:
AB537,50,2121 632.89 (1) (e) 3. A psychologist licensed under ch. 455.
AB537,50 22Section 50. 905.04 (1) (e) of the statutes, as affected by 2021 Wisconsin Act 22,
23is amended to read:
AB537,51,3
1905.04 (1) (e) “Psychologist" means a psychologist licensed under s. 455.04 (1)
2or (2)
, as defined in s. 990.01 (31m), or a person reasonably believed by the patient
3to be a psychologist.
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