00 HOUSE BILL NO. 241 01 "An Act relating to a psychology interjurisdictional compact; and relating to the 02 practice of psychology." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 08.86.070 is amended to read: 05 Sec. 08.86.070. Duties of the board. The board shall 06 (1) establish objective examination requirements for persons who 07 apply for a license to practice psychology in the state; 08 (2) examine, or cause to be examined, eligible license applicants; 09 (3) approve the issuance of licenses to qualified applicants; 10 (4) adopt regulations establishing standards for the practice of 11 psychology; 12 (5) impose disciplinary sanctions as authorized by this chapter; 13 (6) adopt regulations requiring proof of continued competency for 14 license renewal; 01 (7) review, when requested by the department, the quality and 02 availability of psychological services in the state; 03 (8) compile information for submission to the department on the 04 practice of psychology by psychologists and psychological associates in the state;  05 (9) implement the Psychology Interjurisdictional Compact under  06 AS 08.86.225. 07  * Sec. 2. AS 08.86.130(a) is amended to read: 08 (a) The board shall issue a psychologist license to a person who 09 (1) holds an earned doctorate degree, from an academic institution 10 whose program of graduate study for a doctorate degree in psychology meets the 11 criteria established by the board by regulation, in 12 (A) clinical psychology; 13 (B) counseling psychology; or 14 (C) education in a field of specialization considered equivalent 15 by the board; 16 (2) has not engaged in dishonorable conduct related to the practice of 17 counseling or psychometry; 18 (3) has one year of post doctoral supervised experience approved by 19 the board; [AND] 20 (4) takes and passes the objective examination developed or approved 21 by the board; and  22 (5) has been fingerprinted and has provided the fees required by  23 the Department of Public Safety under AS 12.62.160 for criminal justice  24 information and a national criminal history record check; the fingerprints and  25 fees shall be forwarded to the Department of Public Safety to obtain a report of  26 criminal justice information under AS 12.62 and a national criminal history  27 record check under AS 12.62.400. 28  * Sec. 3. AS 08.86.140(a) is amended to read: 29 (a) The department shall set fees under AS 08.01.065 for the following: 30 (1) application; 31 (2) examination; 01 (3) credential review; 02 (4) initial license; 03 (5) license renewal;  04 (6) authority to practice under AS 08.86.225. 05  * Sec. 4. AS 08.86.150 is amended to read: 06 Sec. 08.86.150. License by credentials. A person who is licensed or certified 07 as a psychologist by a licensing authority other than the state is entitled to be licensed 08 in the state without examination if the person applies on the proper application form, 09 submits proof of continued competence as required by regulation of the board, 10 submits the person's fingerprints and fees as required under (b) of this section, 11 pays the credential review fee, and the person 12 (1) holds a doctoral degree with primary emphasis on psychology that 13 satisfies the requirements of AS 08.86.130 and the examination and qualification 14 requirements for the person's out-of-state license or certificate were essentially similar 15 to or higher than the examination and qualification requirements for licensure under 16 this chapter; 17 (2) is a diplomate in good standing of the American Board of 18 Professional Psychology; or 19 (3) is certified or registered with a credentialing organization in 20 psychology approved by the board in regulation and with requirements essentially 21 similar to or higher than the requirements for licensure under this chapter. 22  * Sec. 5. AS 08.86.150 is amended by adding a new subsection to read: 23 (b) An applicant for a license by credentials shall submit to the board the 24 applicant's fingerprints and the fees required by the Department of Public Safety under 25 AS 12.62.160 for criminal justice information and a national criminal history record 26 check. The board shall forward the fingerprints and fees to the Department of Public 27 Safety to obtain a report of criminal justice information under AS 12.62 and a national 28 criminal history record check under AS 12.62.400.  29  * Sec. 6. AS 08.86 is amended by adding a new section to article 3 to read: 30 Sec. 08.86.155. Exemption from criminal justice information and criminal  31 history record check. A psychologist holding a valid license under this chapter on the 01 effective date of this Act is exempt from the requirements of AS 08.86.130(a)(5) and 02 08.86.150(b), but is otherwise subject to this chapter. 03  * Sec. 7. AS 08.86.170(a) is amended to read: 04 (a) Unless licensed under this chapter or granted authority to practice  05 under AS 08.86.225, a person may not use the title "psychologist" or a title, 06 designation, or device indicating or tending to indicate that the person is a 07 psychologist or practices psychology. 08  * Sec. 8. AS 08.86.180(b) is amended to read: 09 (b) This section does not apply to 10 (1) a person employed as a school psychologist, if the school district 11 maintains appropriate supervision of psychological activities and professional conduct, 12 and if the person is performing the psychological activities as part of the duties for 13 which the person was employed, is performing the activities solely within the facilities 14 of the school district in which the person is employed or under the supervision of the 15 school district, and does not render or offer to render psychological services to the 16 public for compensation in addition to the salary the person receives from the school 17 district; 18 (2) an officer or employee of the United States government practicing 19 psychology while in the discharge of the officer's or employee's official duties; 20 (3) a student, intern, or resident in psychology pursuing a course of 21 study approved by the board as qualifying training and experience for a psychologist, 22 if that person's activities constitute a part of that person's supervised course of study 23 and that person is designated by titles such as "psychology intern" or "psychology 24 trainee"; 25 (4) a qualified member of another profession, in doing work of a 26 psychological nature consistent with that person's training and consistent with the code 27 of ethics of that person's profession, if the person does not hold out to the public by a 28 title or description of services incorporating the words "psychology," "psychological," 29 "psychologist," "psychometry," "psychotherapy," "psychotherapeutic," 30 "psychotherapist," "psychoanalysis," or "psychoanalyst" or represent to be trained, 31 experienced, or qualified to render services in the field of psychology; [OR] 01 (5) a physician engaged in the normal practice of medicine for which 02 the physician is licensed under AS 08.64; or  03 (6) a person granted authority to practice under AS 08.86.225. 04  * Sec. 9. AS 08.86 is amended by adding a new section to read: 05 Article 5A. Psychology Interjurisdictional Compact. 06 Sec. 08.86.225. Compact enacted. The Psychology Interjurisdictional 07 Compact as contained in this section is enacted into law and entered into on behalf of 08 the state with all other states and jurisdictions legally joining it in a form substantially 09 as follows: 10 ARTICLE 1. PURPOSE 11 Whereas, states license psychologists, in order to protect the public through 12 verification of education, training and experience and ensure accountability for 13 professional practice; and 14 Whereas, this Compact is intended to regulate the day to day practice of 15 telepsychology (i.e. the provision of psychological services using telecommunication 16 technologies) by psychologists across state boundaries in the performance of their 17 psychological practice as assigned by an appropriate authority; and 18 Whereas, this Compact is intended to regulate the temporary in-person, face- 19 to-face practice of psychology by psychologists across state boundaries for 30 days 20 within a calendar year in the performance of their psychological practice as assigned 21 by an appropriate authority; 22 Whereas, this Compact is intended to authorize state psychology regulatory 23 authorities to afford legal recognition, in a manner consistent with the terms of the 24 Compact, to psychologists licensed in another state; 25 Whereas, this Compact recognizes that states have a vested interest in 26 protecting the public's health and safety through their licensing and regulation of 27 psychologists and that such state regulation will best protect public health and safety; 28 Whereas, this Compact does not apply when a psychologist is licensed in both 29 the home and receiving states; and 30 Whereas, this Compact does not apply to permanent in-person, face-to-face 31 practice, it does allow for authorization of temporary psychological practice. 01 Consistent with these principles, this Compact is designed to achieve the 02 following purposes and objectives: 03 (1) Increase public access to professional psychological services by 04 allowing for telepsychological practice across state lines as well as temporary in- 05 person, face-to-face services in a state which the psychologist is not licensed to 06 practice psychology; 07 (2) Enhance the states' ability to protect the public's health and safety, 08 especially client/patient safety; 09 (3) Encourage the cooperation of compact states in the areas of 10 psychology licensure and regulation; 11 (4) Facilitate the exchange of information between compact states 12 regarding psychologist licensure, adverse actions and disciplinary history; 13 (5) Promote compliance with the laws governing psychological 14 practice in each compact state; and 15 (6) Invest all compact states with the authority to hold licensed 16 psychologists accountable through the mutual recognition of compact state licenses. 17 ARTICLE II. DEFINITIONS 18 As used in this Compact, unless the context clearly requires a different 19 construction, 20 (1) "adverse action" means any action taken by a state psychology 21 regulatory authority which finds a violation of a statute or regulation that is identified 22 by the state psychology regulatory authority as discipline and is a matter of public 23 record; 24 (2) "Association of State and Provincial Psychology Boards" means 25 the recognized membership organization composed of State and Provincial 26 Psychology Regulatory Authorities responsible for the licensure and registration of 27 psychologists throughout the United States and Canada; 28 (3) "authority to practice interjurisdictional telepsychology" means a 29 licensed psychologist's authority to practice telepsychology, within the limits 30 authorized under this Compact, in another compact state; 31 (4) "bylaws" means those bylaws established by the Psychology 01 Interjurisdictional Compact Commission pursuant to Article X for its governance, or 02 for directing and controlling its actions and conduct; 03 (5) "client/patient" means the recipient of psychological services, 04 whether psychological services are delivered in the context of healthcare, corporate, 05 supervision, or consulting services; 06 (6) "commissioner" means the voting representative appointed by each 07 state psychology regulatory authority pursuant to Article X; 08 (7) "compact state" means a state, the District of Columbia, or United 09 States territory that has enacted this Compact legislation and which has not withdrawn 10 pursuant to Article XIII(c) or been terminated pursuant to Article XII(b); 11 (8) "coordinated licensure information system" and "coordinated 12 database" mean an integrated process for collecting, storing, and sharing information 13 on psychologists' licensure and enforcement activities related to psychology licensure 14 laws, which is administered by the recognized membership organization composed of 15 state and provincial psychology regulatory authorities; 16 (9) "confidentiality" means the principle that data or information is not 17 made available or disclosed to unauthorized persons or processes; 18 (10) "day" means any part of a day in which psychological work is 19 performed; 20 (11) "distant state" means the compact state where a psychologist is 21 physically present (not through the use of telecommunications technologies), to 22 provide temporary in-person, face-to-face psychological services; 23 (12) "E.Passport" means a certificate issued by the Association of State 24 and Provincial Psychology Boards that promotes the standardization in the criteria of 25 interjurisdictional telepsychology practice and facilitates the process for licensed 26 psychologists to provide telepsychological services across state lines; 27 (13) "executive board" means a group of directors elected or appointed 28 to act on behalf of, and within the powers granted to them by, the Commission; 29 (14) "home state" means a compact state where a psychologist is 30 licensed to practice psychology; if the psychologist is licensed in more than one 31 compact state and is practicing under the authorization to practice interjurisdictional 01 telepsychology, the home state is the compact state where the psychologist is 02 physically present when the telepsychological services are delivered, or if the 03 psychologist is licensed in more than one compact state and is practicing under the 04 temporary authorization to practice, the home state is any compact state where the 05 psychologist is licensed; 06 (15) "identity history summary" means a summary of information 07 retained by the Federal Bureau of Investigation, or other designee with similar 08 authority, in connection with arrests and, in some instances, federal employment, 09 naturalization, or military service; 10 (16) "in-person, face-to-face" means interactions in which the 11 psychologist and the client/patient are in the same physical space and which does not 12 include interactions that may occur through the use of telecommunication 13 technologies; 14 (17) "interjurisdictional practice certificate" and "IPC" mean a 15 certificate issued by the Association of State and Provincial Psychology Boards that 16 grants temporary authority to practice based on notification to the state psychology 17 regulatory authority of intention to practice temporarily, and verification of one's 18 qualifications for such practice; 19 (18) "license" means authorization by a state psychology regulatory 20 authority to engage in the independent practice of psychology, which would be 21 unlawful without the authorization; 22 (19) "non-compact state" means any state which is not at the time a 23 compact state; 24 (20) "psychologist" means an individual licensed for the independent 25 practice of psychology; 26 (21) "Psychology Interjurisdictional Compact Commission" and 27 "Commission" mean the national administration of which all compact states are 28 members; 29 (22) "receiving state" means a compact state where the client/patient is 30 physically located when the telepsychological services are delivered; 31 (23) "rule" means a written statement by the Psychology 01 Interjurisdictional Compact Commission promulgated pursuant to Article XI of the 02 Compact that is of general applicability, implements, interprets, or prescribes a policy 03 or provision of the Compact, or an organizational, procedural, or practice requirement 04 of the Commission and has the force and effect of statutory law in a compact state, and 05 includes the amendment, repeal or suspension of an existing rule; 06 (24) "significant investigatory information" means 07 (A) investigative information that a state psychology regulatory 08 authority, after a preliminary inquiry that includes notification and an 09 opportunity to respond if required by state law, has reason to believe, if proven 10 true, would indicate more than a violation of state statute or ethics code that 11 would be considered more substantial than a minor infraction; or 12 (B) investigative information that indicates that the 13 psychologist represents an immediate threat to public health and safety 14 regardless of whether the psychologist has been notified or had an opportunity 15 to respond; 16 (25) "state" means a state, commonwealth, territory, or possession of 17 the United States, or the District of Columbia; 18 (26) "state psychology regulatory authority" means the board, office or 19 other agency with the legislative mandate to license and regulate the practice of 20 psychology; 21 (27) "telepsychology" means the provision of psychological services 22 using telecommunication technologies; 23 (28) "temporary authorization to practice" means a licensed 24 psychologist's authority to conduct temporary in-person, face-to-face practice, within 25 the limits authorized under this Compact, in another compact state; 26 (29) "temporary in-person, face-to-face practice" means where a 27 psychologist is physically present (not through the use of telecommunications 28 technologies), in the distant state to provide for the practice of psychology for 30 days 29 within a calendar year and based on notification to the distant state. 30 ARTICLE III. HOME STATE LICENSURE 31 (a) The home state shall be a compact state where a psychologist is licensed to 01 practice psychology. 02 (b) A psychologist may hold one or more compact state licenses at a time. If 03 the psychologist is licensed in more than one compact state, the home state is the 04 compact state where the psychologist is physically present when the services are 05 delivered as authorized by the authority to practice interjurisdictional telepsychology 06 under the terms of this Compact. 07 (c) Any compact state may require a psychologist not previously licensed in a 08 compact state to obtain and retain a license to be authorized to practice in the compact 09 state under circumstances not authorized by the authority to practice interjurisdictional 10 telepsychology under the terms of this Compact. 11 (d) Any compact state may require a psychologist to obtain and retain a 12 license to be authorized to practice in a compact state under circumstances not 13 authorized by temporary authorization to practice under the terms of this Compact. 14 (e) A home state's license authorizes a psychologist to practice in a receiving 15 state under the authority to practice interjurisdictional telepsychology only if the 16 compact state 17 (1) currently requires the psychologist to hold an active E.Passport; 18 (2) has a mechanism in place for receiving and investigating 19 complaints about licensed individuals; 20 (3) notifies the Commission, in compliance with the terms herein, of 21 any adverse action or significant investigatory information regarding a licensed 22 individual; 23 (4) requires an identity history summary of all applicants at initial 24 licensure, including the use of the results of fingerprints or other biometric data checks 25 compliant with the requirements of the Federal Bureau of Investigation, or other 26 designee with similar authority, no later than ten years after activation of the Compact; 27 and 28 (5) complies with the bylaws and rules of the Commission. 29 (f) A home state's license grants temporary authorization to practice to a 30 psychologist in a distant state only if the compact state 31 (1) currently requires the psychologist to hold an active IPC; 01 (2) has a mechanism in place for receiving and investigating 02 complaints about licensed individuals; 03 (3) notifies the Commission, in compliance with the terms herein, of 04 any adverse action or significant investigatory information regarding a licensed 05 individual; 06 (4) requires an identity history summary of all applicants at initial 07 licensure, including the use of the results of fingerprints or other biometric data checks 08 compliant with the requirements of the Federal Bureau of Investigation, or other 09 designee with similar authority, no later than ten years after activation of the Compact; 10 and 11 (5) complies with the bylaws and rules of the Commission. 12 ARTICLE IV. COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY 13 (a) Compact states shall recognize the right of a psychologist, licensed in a 14 compact state in conformance with Article III, to practice telepsychology in other 15 compact states (receiving states) in which the psychologist is not licensed, under the 16 authority to practice interjurisdictional telepsychology as provided in the Compact. 17 (b) To exercise the authority to practice interjurisdictional telepsychology 18 under the terms and provisions of this Compact, a psychologist licensed to practice in 19 a compact state must 20 (1) hold a graduate degree in psychology from an institute of higher 21 education that was, at the time the degree was awarded 22 (A) regionally accredited by an accrediting body recognized by 23 the United States Department of Education to grant graduate degrees, or 24 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 25 (B) a foreign college or university deemed to be equivalent to 26 (b)(1)(A) of this Article by a foreign credential evaluation service that is a 27 member of the National Association of Credential Evaluation Services or by a 28 recognized foreign credential evaluation service; and 29 (2) hold a graduate degree in psychology that meets the following 30 criteria: 31 (A) the program, wherever it may be administratively housed, 01 must be clearly identified and labeled as a psychology program. Such a 02 program must specify in pertinent institutional catalogues and brochures its 03 intent to educate and train professional psychologists; 04 (B) the psychology program must stand as a recognizable, 05 coherent, organizational entity within the institution; 06 (C) there must be a clear authority and primary responsibility 07 for the core and specialty areas whether or not the program cuts across 08 administrative lines; 09 (D) the program must consist of an integrated, organized 10 sequence of study; 11 (E) there must be an identifiable psychology faculty sufficient 12 in size and breadth to carry out its responsibilities; 13 (F) the designated director of the program must be a 14 psychologist and a member of the core faculty; 15 (G) the program must have an identifiable body of students 16 who are matriculated in that program for a degree; 17 (H) the program must include supervised practicum, internship, 18 or field training appropriate to the practice of psychology; 19 (I) the curriculum shall encompass a minimum of three 20 academic years of full-time graduate study for doctoral degree and a minimum 21 of one academic year of full-time graduate study for master's degree; 22 (J) the program includes an acceptable residency as defined by 23 the rules of the Commission. 24 (3) possess a current, full and unrestricted license to practice 25 psychology in a home state which is a compact state; 26 (4) have no history of adverse action that violate the rules of the 27 Commission; 28 (5) have no criminal record history reported on an identity history 29 summary that violates the rules of the Commission; 30 (6) possess a current, active E.Passport; 31 (7) provide attestations in regard to areas of intended practice, 01 conformity with standards of practice, competence in telepsychology technology; 02 criminal background; and knowledge and adherence to legal requirements in the home 03 and receiving states, and provide a release of information to allow for primary source 04 verification in a manner specified by the Commission; and 05 (8) meet other criteria as defined by the rules of the Commission. 06 (c) The home state maintains authority over the license of any psychologist 07 practicing in a receiving state under the authority to practice interjurisdictional 08 telepsychology. 09 (d) A psychologist practicing in a receiving state under the authority to 10 practice interjurisdictional telepsychology will be subject to the receiving state's scope 11 of practice. A receiving state may, in accordance with that state's due process law, 12 limit or revoke a psychologist's authority to practice interjurisdictional telepsychology 13 in the receiving state and may take any other necessary actions under the receiving 14 state's applicable law to protect the health and safety of the receiving state's citizens. If 15 a receiving state takes action, the state shall promptly notify the home state and the 16 Commission. 17 (e) If a psychologist's license in any home state, another compact state, or any 18 authority to practice interjurisdictional telepsychology in any receiving state, is 19 restricted, suspended or otherwise limited, the E.Passport shall be revoked and 20 therefore the psychologist shall not be eligible to practice telepsychology in a compact 21 state under the authority to practice interjurisdictional telepsychology. 22 ARTICLE V. COMPACT TEMPORARY AUTHORIZATION TO PRACTICE 23 (a) Compact states shall also recognize the right of a psychologist, licensed in 24 a compact state in conformance with Article III, to practice temporarily in other 25 compact states (distant states) in which the psychologist is not licensed, as provided in 26 the Compact. 27 (b) To exercise the temporary authorization to practice under the terms and 28 provisions of this Compact, a psychologist licensed to practice in a compact state must 29 (1) hold a graduate degree in psychology from an institute of higher 30 education that was, at the time the degree was awarded 31 (A) regionally accredited by an accrediting body recognized by 01 the United States Department of Education to grant graduate degrees, or 02 authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or 03 (B) a foreign college or university deemed to be equivalent to 04 (b)(1)(A) of this Article by a foreign credential evaluation service that is a 05 member of the National Association of Credential Evaluation Services or by a 06 recognized foreign credential evaluation service; and 07 (2) hold a graduate degree in psychology that meets the following 08 criteria: 09 (A) the program, wherever it may be administratively housed, 10 must be clearly identified and labeled as a psychology program. Such a 11 program must specify in pertinent institutional catalogues and brochures its 12 intent to educate and train professional psychologists; 13 (B) the psychology program must stand as a recognizable, 14 coherent, organizational entity within the institution; 15 (C) there must be a clear authority and primary responsibility 16 for the core and specialty areas whether or not the program cuts across 17 administrative lines; 18 (D) the program must consist of an integrated, organized 19 sequence of study; 20 (E) there must be an identifiable psychology faculty sufficient 21 in size and breadth to carry out its responsibilities; 22 (F) the designated director of the program must be a 23 psychologist and a member of the core faculty; 24 (G) the program must have an identifiable body of students 25 who are matriculated in that program for a degree; 26 (H) the program must include supervised practicum, internship, 27 or field training appropriate to the practice of psychology; 28 (I) the curriculum shall encompass a minimum of three 29 academic years of full-time graduate study for doctoral degrees and a 30 minimum of one academic year of full-time graduate study for master's degree; 31 (J) the program includes an acceptable residency as defined by 01 the rules of the Commission. 02 (3) possess a current, full and unrestricted license to practice 03 psychology in a home state which is a compact state; 04 (4) no history of adverse action that violate the rules of the 05 Commission; 06 (5) no criminal record history that violates the rules of the 07 Commission; 08 (6) possess a current, active IPC; 09 (7) provide attestations in regard to areas of intended practice and 10 work experience and provide a release of information to allow for primary source 11 verification in a manner specified by the Commission; and 12 (8) meet other criteria as defined by the rules of the Commission. 13 (c) A psychologist practicing in a distant state under the temporary 14 authorization to practice shall practice within the scope of practice authorized by the 15 distant state. 16 (d) A psychologist practicing in a distant state under the temporary 17 authorization to practice will be subject to the distant state's authority and law. A 18 distant state may, in accordance with that state's due process law, limit or revoke a 19 psychologist's temporary authorization to practice in the distant state and may take any 20 other necessary actions under the distant state's applicable law to protect the health 21 and safety of the distant state's citizens. If a distant state takes action, the state shall 22 promptly notify the home state and the Commission. 23 (e) If a psychologist's license in any home state, another compact state, or any 24 temporary authorization to practice in any distant state, is restricted, suspended or 25 otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be 26 eligible to practice in a compact state under the temporary authorization to practice. 27 ARTICLE VI. CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING 28 STATE 29 A psychologist may practice in a receiving state under the authority to practice 30 interjurisdictional telepsychology only in the performance of the scope of practice for 01 psychology as assigned by an appropriate state psychology regulatory authority, as 02 defined in the rules of the Commission, and under the following circumstances: 03 (1) the psychologist initiates a client/patient contact in a home state via 04 telecommunications technologies with a client/patient in a receiving state; 05 (2) other conditions regarding telepsychology as determined by rules 06 promulgated by the Commission. 07 ARTICLE VII. ADVERSE ACTIONS 08 (a) A home state shall have the power to impose adverse action against a 09 psychologist's license issued by the home state. A distant state shall have the power to 10 take adverse action on a psychologist's temporary authorization to practice within that 11 distant state. 12 (b) A receiving state may take adverse action on a psychologist's authority to 13 practice interjurisdictional telepsychology within that receiving state. A home state 14 may take adverse action against a psychologist based on an adverse action taken by a 15 distant state regarding temporary in-person, face-to-face practice. 16 (c) If a home state takes adverse action against a psychologist's license, that 17 psychologist's authority to practice interjurisdictional telepsychology is terminated and 18 the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to 19 practice is terminated and the IPC is revoked. 20 (1) All home state disciplinary orders which impose adverse action 21 shall be reported to the Commission in accordance with the rules promulgated by the 22 Commission. A compact state shall report adverse actions in accordance with the rules 23 of the Commission. 24 (2) In the event discipline is reported on a psychologist, the 25 psychologist will not be eligible for telepsychology or temporary in-person, face-to- 26 face practice in accordance with the rules of the Commission. 27 (3) Other actions may be imposed as determined by the rules 28 promulgated by the Commission. 29 (d) A home state's psychology regulatory authority shall investigate and take 30 appropriate action with respect to reported inappropriate conduct engaged in by a 31 licensee which occurred in a receiving state as it would if such conduct had occurred 01 by a licensee within the home state. In such cases, the home state's law shall control in 02 determining any adverse action against a psychologist's license. 03 (e) A distant state's psychology regulatory authority shall investigate and take 04 appropriate action with respect to reported inappropriate conduct engaged in by a 05 psychologist practicing under temporary authorization practice which occurred in that 06 distant state as it would if such conduct had occurred by a licensee within the home 07 state. In such cases, distant state's law shall control in determining any adverse action 08 against a psychologist's temporary authorization to practice. 09 (f) Nothing in this Compact shall override a compact state's decision that a 10 psychologist's participation in an alternative program may be used in lieu of adverse 11 action and that such participation shall remain non-public if required by the compact 12 state's law. Compact states must require psychologists who enter any alternative 13 programs to not provide telepsychology services under the authority to practice 14 interjurisdictional telepsychology or provide temporary psychological services under 15 the temporary authorization to practice in any other compact state during the term of 16 the alternative program. 17 (g) No other judicial or administrative remedies shall be available to a 18 psychologist in the event a compact state imposes an adverse action pursuant to (c) of 19 this Article. 20 ARTICLE VIII. ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S 21 PSYCHOLOGY REGULATORY AUTHORITY 22 (a) In addition to any other powers granted under state law, a compact state's 23 psychology regulatory authority shall have the authority under this Compact to 24 (1) issue subpoenas, for both hearings and investigations, which 25 require the attendance and testimony of witnesses and the production of evidence. 26 Subpoenas issued by a compact state's psychology regulatory authority for the 27 attendance and testimony of witnesses, or the production of evidence from another 28 compact state shall be enforced in the latter state by any court of competent 29 jurisdiction, according to that court's practice and procedure in considering subpoenas 30 issued in its own proceedings. The issuing state psychology regulatory authority shall 31 pay any witness fees, travel expenses, mileage and other fees required by the service 01 statutes of the state where the witnesses or evidence are located; and 02 (2) issue cease and desist or injunctive relief orders to revoke a 03 psychologist's authority to practice interjurisdictional telepsychology or temporary 04 authorization to practice. 05 (b) During the course of any investigation, a psychologist may not change 06 his/her home state licensure. A home state psychology regulatory authority is 07 authorized to complete any pending investigations of a psychologist and to take any 08 actions appropriate under its law. The home state psychology regulatory authority 09 shall promptly report the conclusions of such investigations to the Commission. Once 10 an investigation has been completed, and pending the outcome of said investigation, 11 the psychologist may change his/her home state licensure. The Commission shall 12 promptly notify the new home state of any such decisions as provided in the rules of 13 the Commission. All information provided to the Commission or distributed by 14 compact states pursuant to the psychologist shall be confidential, filed under seal and 15 used for investigatory or disciplinary matters. The Commission may create additional 16 rules for mandated or discretionary sharing of information by compact states. 17 ARTICLE IX. COORDINATED LICENSURE INFORMATION SYSTEM 18 (a) The Commission shall provide for the development and maintenance of a 19 coordinated licensure information system (coordinated database) and reporting system 20 containing licensure and disciplinary action information on all licensees to whom this 21 Compact is applicable in all compact states as defined by the rules of the Commission. 22 (b) Notwithstanding any other provision of state law to the contrary, a 23 compact state shall submit a uniform data set to the coordinated database on all 24 licensees as required by the rules of the Commission, including: 25 (1) identifying information; 26 (2) licensure data; 27 (3) significant investigatory information; 28 (4) adverse actions against a psychologist's license; 29 (5) an indicator that a psychologist's authority to practice 30 interjurisdictional telepsychology or temporary authorization to practice is revoked; 31 (6) non-confidential information related to alternative program 01 participation information; 02 (7) any denial of application for licensure, and the reasons for such 03 denial; and 04 (8) other information which may facilitate the administration of this 05 Compact, as determined by the rules of the Commission. 06 (c) The coordinated database administrator shall promptly notify all compact 07 states of any adverse action taken against, or significant investigative information on, 08 any licensee in a compact state. 09 (d) Compact states reporting information to the coordinated database may 10 designate information that may not be shared with the public without the express 11 permission of the compact state reporting the information. 12 (e) Any information submitted to the coordinated database that is subsequently 13 required to be expunged by the law of the compact state reporting the information 14 shall be removed from the coordinated database. 15 ARTICLE X. ESTABLISHMENT OF THE PSYCHOLOGY 16 INTERJURISDICTIONAL COMPACT COMMISSION 17 (a) The compact states hereby create and establish a joint public agency 18 known as the Psychology Interjurisdictional Compact Commission. 19 (1) The Commission is a body politic and an instrumentality of the 20 compact states. 21 (2) Venue is proper and judicial proceedings by or against the 22 Commission shall be brought solely and exclusively in a court of competent 23 jurisdiction where the principal office of the Commission is located. The Commission 24 may waive venue and jurisdictional defenses to the extent it adopts or consents to 25 participate in alternative dispute resolution proceedings. 26 (3) Nothing in this Compact shall be construed to be a waiver of 27 sovereign immunity. 28 (b) Membership, Voting, and Meetings 29 (1) The Commission shall consist of one voting representative 30 appointed by each compact state who shall serve as that state's commissioner. The 31 state psychology regulatory authority shall appoint its delegate. This delegate shall be 01 empowered to act on behalf of the compact state. This delegate shall be limited to 02 (A) executive director, executive secretary or similar executive; 03 (B) current member of the state psychology regulatory 04 authority of a compact state; or 05 (C) designee empowered with the appropriate delegate 06 authority to act on behalf of the compact state. 07 (2) Any commissioner may be removed or suspended from office as 08 provided by the law of the state from which the commissioner is appointed. Any 09 vacancy occurring in the commission shall be filled in accordance with the laws of the 10 compact state in which the vacancy exists. 11 (3) Each commissioner shall be entitled to one (1) vote with regard to 12 the promulgation of rules and creation of bylaws and shall otherwise have an 13 opportunity to participate in the business and affairs of the Commission. A 14 commissioner shall vote in person or by such other means as provided in the bylaws. 15 The bylaws may provide for commissioners' participation in meetings by telephone or 16 other means of communication. 17 (4) The Commission shall meet at least once during each calendar 18 year. Additional meetings shall be held as set forth in the bylaws. 19 (5) All meetings shall be open to the public, and public notice of 20 meetings shall be given in the same manner as required under the rulemaking 21 provisions in Article XI. 22 (6) The Commission may convene in a closed, non-public meeting if 23 the Commission must discuss 24 (A) non-compliance of a compact state with its obligations 25 under the Compact; 26 (B) the employment, compensation, discipline or other 27 personnel matters, practices or procedures related to specific employees or 28 other matters related to the Commission's internal personnel practices and 29 procedures; 30 (C) current, threatened, or reasonably anticipated litigation 31 against the Commission; 01 (D) negotiation of contracts for the purchase or sale of goods, 02 services or real estate; 03 (E) accusation against any person of a crime or formally 04 censuring any person; 05 (F) disclosure of trade secrets or commercial or financial 06 information which is privileged or confidential; 07 (G) disclosure of information of a personal nature where 08 disclosure would constitute a clearly unwarranted invasion of personal privacy; 09 (H) disclosure of investigatory records compiled for law 10 enforcement purposes; 11 (I) disclosure of information related to any investigatory reports 12 prepared by or on behalf of or for use of the Commission or other committee 13 charged with responsibility for investigation or determination of compliance 14 issues pursuant to the Compact; or 15 (J) matters specifically exempted from disclosure by federal 16 and state statute. 17 (7) If a meeting, or portion of a meeting, is closed pursuant to this 18 provision, the Commission's legal counsel or designee shall certify that the meeting 19 may be closed and shall reference each relevant exempting provision. The 20 Commission shall keep minutes which fully and clearly describe all matters discussed 21 in a meeting and shall provide a full and accurate summary of actions taken, of any 22 person participating in the meeting, and the reasons therefore, including a description 23 of the views expressed. All documents considered in connection with an action shall 24 be identified in such minutes. All minutes and documents of a closed meeting shall 25 remain under seal, subject to release only by a majority vote of the Commission or 26 order of a court of competent jurisdiction. 27 (c) The Commission shall, by a majority vote of the commissioners, prescribe 28 bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 29 the purposes and exercise the powers of the Compact, including but not limited to: 30 (1) establishing the fiscal year of the Commission; 31 (2) providing reasonable standards and procedures 01 (A) for the establishment and meetings of other committees; 02 and 03 (B) governing any general or specific delegation of any 04 authority or function of the Commission; 05 (3) providing reasonable procedures for calling and conducting 06 meetings of the Commission, ensuring reasonable advance notice of all meetings and 07 providing an opportunity for attendance of such meetings by interested parties, with 08 enumerated exceptions designed to protect the public's interest, the privacy of 09 individuals of such proceedings, and proprietary information, including trade secrets. 10 The Commission may meet in closed session only after a majority of the 11 commissioners vote to close a meeting to the public in whole or in part. As soon as 12 practicable, the Commission must make public a copy of the vote to close the meeting 13 revealing the vote of each commissioner with no proxy votes allowed; 14 (4) establishing the titles, duties and authority and reasonable 15 procedures for the election of the officers of the Commission; 16 (5) providing reasonable standards and procedures for the 17 establishment of the personnel policies and programs of the Commission. 18 Notwithstanding any civil service or other similar law of any compact state, the 19 bylaws shall exclusively govern the personnel policies and programs of the 20 Commission; 21 (6) promulgating a code of ethics to address permissible and prohibited 22 activities of Commission members and employees; and 23 (7) providing a mechanism for concluding the operations of the 24 Commission and the equitable disposition of any surplus funds that may exist after the 25 termination of the Compact after the payment or reserving of all of its debts and 26 obligations. 27 (d) The Commission shall publish its bylaws in a convenient form and file a 28 copy thereof and a copy of any amendment thereto, with the appropriate agency or 29 officer in each of the compact states. 30 (e) The Commission shall maintain its financial records in accordance with the 31 bylaws. 01 (f) The Commission shall meet and take such actions as are consistent with the 02 provisions of this Compact and the bylaws. 03 (g) The Commission shall have the following powers: 04 (1) the authority to promulgate uniform rules to facilitate and 05 coordinate implementation and administration of this Compact; the rules shall have the 06 force and effect of law and shall be binding in all compact states; 07 (2) to bring and prosecute legal proceedings or actions in the name of 08 the Commission, provided that the standing of any state psychology regulatory 09 authority or other regulatory body responsible for psychology licensure to sue or be 10 sued under applicable law shall not be affected; 11 (3) to purchase and maintain insurance and bonds; 12 (4) to borrow, accept or contract for services of personnel, including, 13 but not limited to, employees of a compact state; 14 (5) to hire employees, elect or appoint officers, fix compensation, 15 define duties, grant such individuals appropriate authority to carry out the purposes of 16 the Compact, and to establish the Commission's personnel policies and programs 17 relating to conflicts of interest, qualifications of personnel, and other related personnel 18 matters; 19 (6) to accept any and all appropriate donations and grants of money, 20 equipment, supplies, materials and services, and to receive, utilize and dispose of the 21 same; provided that at all times the Commission shall strive to avoid any appearance 22 of impropriety or conflict of interest; 23 (7) to lease, purchase, accept appropriate gifts or donations of, or 24 otherwise to own, hold, improve or use, any property, real, personal or mixed; 25 provided that at all times the Commission shall strive to avoid any appearance of 26 impropriety; 27 (8) to sell, convey, mortgage, pledge, lease, exchange, abandon or 28 otherwise dispose of any property real, personal or mixed; 29 (9) to establish a budget and make expenditures; 30 (10) to borrow money; 31 (11) to appoint committees, including advisory committees comprised 01 of members, state regulators, state legislators or their representatives, and consumer 02 representatives, and such other interested persons as may be designated in this 03 Compact and the bylaws; 04 (12) to provide and receive information from, and to cooperate with, 05 law enforcement agencies; 06 (13) to adopt and use an official seal; and 07 (14) to perform such other functions as may be necessary or 08 appropriate to achieve the purposes of this Compact consistent with the state 09 regulation of psychology licensure, temporary in-person, face-to-face practice and 10 telepsychology practice. 11 (h) The Executive Board 12 (1) The elected officers shall serve as the Executive Board, which shall 13 have the power to act on behalf of the Commission according to the terms of this 14 Compact. 15 (2) The Executive Board shall be comprised of six members: 16 (A) five voting members who are elected from the current 17 membership of the Commission by the Commission; 18 (B) one ex-officio, nonvoting member from the recognized 19 membership organization composed of state and provincial psychology 20 regulatory authorities. 21 (3) The ex-officio member must have served as staff or member on a 22 state psychology regulatory authority and will be selected by its respective 23 organization. 24 (4) The Commission may remove any member of the Executive Board 25 as provided in bylaws. 26 (5) The Executive Board shall meet at least annually. 27 (6) The Executive Board shall have the following duties and 28 responsibilities: 29 (A) recommend to the entire Commission changes to the rules 30 or bylaws, changes to this Compact legislation, fees paid by compact states 31 such as annual dues, and any other applicable fees; 01 (B) ensure Compact administration services are appropriately 02 provided, contractual or otherwise; 03 (C) prepare and recommend the budget; 04 (D) maintain financial records on behalf of the Commission; 05 (E) monitor Compact compliance of member states and provide 06 compliance reports to the Commission; 07 (F) establish additional committees as necessary; and 08 (G) other duties as provided in rules or bylaws. 09 (i) Financing of the Commission 10 (1) The Commission shall pay, or provide for the payment of the 11 reasonable expenses of its establishment, organization and ongoing activities. 12 (2) The Commission may accept any and all appropriate revenue 13 sources, donations and grants of money, equipment, supplies, materials and services. 14 (3) The Commission may levy on and collect an annual assessment 15 from each compact state or impose fees on other parties to cover the cost of the 16 operations and activities of the Commission and its staff which must be in a total 17 amount sufficient to cover its annual budget as approved each year for which revenue 18 is not provided by other sources. The aggregate annual assessment amount shall be 19 allocated based upon a formula to be determined by the Commission which shall 20 promulgate a rule binding upon all compact states. 21 (4) The Commission shall not incur obligations of any kind prior to 22 securing the funds adequate to meet the same; nor shall the Commission pledge the 23 credit of any of the compact states, except by and with the authority of the compact 24 state. 25 (5) The Commission shall keep accurate accounts of all receipts and 26 disbursements. The receipts and disbursements of the Commission shall be subject to 27 the audit and accounting procedures established under its bylaws. However, all 28 receipts and disbursements of funds handled by the Commission shall be audited 29 yearly by a certified or licensed public accountant and the report of the audit shall be 30 included in and become part of the annual report of the Commission. 31 (j) Qualified Immunity, Defense, and Indemnification 01 (1) The members, officers, Executive Director, employees and 02 representatives of the Commission shall be immune from suit and liability, either 03 personally or in their official capacity, for any claim for damage to or loss of property 04 or personal injury or other civil liability caused by or arising out of any actual or 05 alleged act, error or omission that occurred, or that the person against whom the claim 06 is made had a reasonable basis for believing occurred within the scope of Commission 07 employment, duties or responsibilities; provided that nothing in this paragraph shall be 08 construed to protect any such person from suit or liability for any damage, loss, injury 09 or liability caused by the intentional or willful or wanton misconduct of that person. 10 (2) The Commission shall defend any member, officer, Executive 11 Director, employee or representative of the Commission in any civil action seeking to 12 impose liability arising out of any actual or alleged act, error or omission that occurred 13 within the scope of Commission employment, duties or responsibilities, or that the 14 person against whom the claim is made had a reasonable basis for believing occurred 15 within the scope of Commission employment, duties or responsibilities; provided that 16 nothing herein shall be construed to prohibit that person from retaining his or her own 17 counsel; and provided further, that the actual or alleged act, error or omission did not 18 result from that person's intentional or willful or wanton misconduct. 19 (3) The Commission shall indemnify and hold harmless any member, 20 officer, Executive Director, employee or representative of the Commission for the 21 amount of any settlement or judgment obtained against that person arising out of any 22 actual or alleged act, error or omission that occurred within the scope of Commission 23 employment, duties or responsibilities, or that such person had a reasonable basis for 24 believing occurred within the scope of Commission employment, duties or 25 responsibilities, provided that the actual or alleged act, error or omission did not result 26 from the intentional or willful or wanton misconduct of that person. 27 ARTICLE XI. RULEMAKING 28 (a) The Commission shall exercise its rulemaking powers pursuant to the 29 criteria set forth in this Article and the rules adopted thereunder. Rules and 30 amendments shall become binding as of the date specified in each rule or amendment. 31 (b) If a majority of the legislatures of the compact states rejects a rule, by 01 enactment of a statute or resolution in the same manner used to adopt the Compact, 02 then such rule shall have no further force and effect in any compact state. 03 (c) Rules or amendments to the rules shall be adopted at a regular or special 04 meeting of the Commission. 05 (d) Prior to promulgation and adoption of a final rule or rules by the 06 Commission, and at least sixty (60) days in advance of the meeting at which the rule 07 will be considered and voted upon, the Commission shall file a notice of proposed 08 rulemaking 09 (1) on the website of the Commission; and 10 (2) on the website of each compact states' psychology regulatory 11 authority or the publication in which each state would otherwise publish proposed 12 rules. 13 (e) The notice of proposed rulemaking must include 14 (1) the proposed time, date, and location of the meeting in which the 15 rule will be considered and voted upon; 16 (2) the text of the proposed rule or amendment and the reason for the 17 proposed rule; 18 (3) a request for comments on the proposed rule from any interested 19 person; and 20 (4) the manner in which interested persons may submit notice to the 21 Commission of their intention to attend the public hearing and any written comments. 22 (f) Prior to adoption of a proposed rule, the Commission shall allow persons to 23 submit written data, facts, opinions and arguments, which shall be made available to 24 the public. 25 (g) The Commission shall grant an opportunity for a public hearing before it 26 adopts a rule or amendment if a hearing is requested by 27 (1) at least twenty-five (25) persons who submit comments 28 independently of each other; 29 (2) a governmental subdivision or agency; or 30 (3) a duly appointed person in an association that has at least twenty- 31 five (25) members. 01 (h) If a hearing is held on the proposed rule or amendment, the Commission 02 shall publish the place, time, and date of the scheduled public hearing. 03 (1) All persons wishing to be heard at the hearing shall notify the 04 Executive Director of the Commission or other designated member in writing of their 05 desire to appear and testify at the hearing not less than five (5) business days before 06 the scheduled date of the hearing. 07 (2) Hearings shall be conducted in a manner providing each person 08 who wishes to comment a fair and reasonable opportunity to comment orally or in 09 writing. 10 (3) No transcript of the hearing is required, unless a written request for 11 a transcript is made, in which case the person requesting the transcript shall bear the 12 cost of producing the transcript. A recording may be made in lieu of a transcript under 13 the same terms and conditions as a transcript. This subsection shall not preclude the 14 Commission from making a transcript or recording of the hearing if it so chooses. 15 (4) Nothing in this section shall be construed as requiring a separate 16 hearing on each rule. Rules may be grouped for the convenience of the Commission at 17 hearings required by this section. 18 (i) Following the scheduled hearing date, or by the close of business on the 19 scheduled hearing date if the hearing was not held, the Commission shall consider all 20 written and oral comments received. 21 (j) The Commission shall, by majority vote of all members, take final action 22 on the proposed rule and shall determine the effective date of the rule, if any, based on 23 the rulemaking record and the full text of the rule. 24 (k) If no written notice of intent to attend the public hearing by interested 25 parties is received, the Commission may proceed with promulgation of the proposed 26 rule without a public hearing. 27 (l) Upon determination that an emergency exists, the Commission may 28 consider and adopt an emergency rule without prior notice, opportunity for comment, 29 or hearing, provided that the usual rulemaking procedures provided in the Compact 30 and in this section shall be retroactively applied to the rule as soon as reasonably 31 possible, in no event later than ninety (90) days after the effective date of the rule. For 01 the purposes of this provision, an emergency rule is one that must be adopted 02 immediately in order to 03 (1) meet an imminent threat to public health, safety, or welfare; 04 (2) prevent a loss of Commission or compact state funds; 05 (3) meet a deadline for the promulgation of an administrative rule that 06 is established by federal law or rule; or 07 (4) protect public health and safety. 08 (m) The Commission or an authorized committee of the Commission may 09 direct revisions to a previously adopted rule or amendment for purposes of correcting 10 typographical errors, errors in format, errors in consistency, or grammatical errors. 11 Public notice of any revisions shall be posted on the website of the Commission. The 12 revision shall be subject to challenge by any person for a period of thirty (30) days 13 after posting. The revision may be challenged only on grounds that the revision results 14 in a material change to a rule. A challenge shall be made in writing, and delivered to 15 the chair of the Commission prior to the end of the notice period. If no challenge is 16 made, the revision will take effect without further action. If the revision is challenged, 17 the revision may not take effect without the approval of the Commission. 18 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 19 (a) Oversight 20 (1) The executive, legislative and judicial branches of state 21 government in each compact state shall enforce this Compact and take all actions 22 necessary and appropriate to effectuate the Compact's purposes and intent. The 23 provisions of this Compact and the rules promulgated hereunder shall have standing as 24 statutory law. 25 (2) All courts shall take judicial notice of the Compact and the rules in 26 any judicial or administrative proceeding in a compact state pertaining to the subject 27 matter of this Compact which may affect the powers, responsibilities or actions of the 28 Commission. 29 (3) The Commission shall be entitled to receive service of process in 30 any such proceeding, and shall have standing to intervene in such a proceeding for all 31 purposes. Failure to provide service of process to the Commission shall render a 01 judgment or order void as to the Commission, this Compact or promulgated rules. 02 (b) Default, Technical Assistance, and Termination 03 (1) If the Commission determines that a compact state has defaulted in 04 the performance of its obligations or responsibilities under this Compact or the 05 promulgated rules, the Commission shall 06 (A) provide written notice to the defaulting state and other 07 compact states of the nature of the default, the proposed means of remedying 08 the default or any other action to be taken by the Commission; and 09 (B) provide remedial training and specific technical assistance 10 regarding the default. 11 (2) If a state in default fails to remedy the default, the defaulting state 12 may be terminated from the Compact upon an affirmative vote of a majority of the 13 compact states, and all rights, privileges and benefits conferred by this Compact shall 14 be terminated on the effective date of termination. A remedy of the default does not 15 relieve the offending state of obligations or liabilities incurred during the period of 16 default. 17 (3) Termination of membership in the Compact shall be imposed only 18 after all other means of securing compliance have been exhausted. Notice of intent to 19 suspend or terminate shall be submitted by the Commission to the governor, the 20 majority and minority leaders of the defaulting state's legislature, and each of the 21 compact states. 22 (4) A compact state which has been terminated is responsible for all 23 assessments, obligations and liabilities incurred through the effective date of 24 termination, including obligations which extend beyond the effective date of 25 termination. 26 (5) The Commission shall not bear any costs incurred by the state 27 which is found to be in default or which has been terminated from the Compact, unless 28 agreed upon in writing between the Commission and the defaulting state. 29 (6) The defaulting state may appeal the action of the Commission by 30 petitioning the United States District Court for the State of Georgia or the federal 31 district where the Compact has its principal offices. The prevailing member shall be 01 awarded all costs of such litigation, including reasonable attorney's fees. 02 (c) Dispute Resolution 03 (1) Upon request by a compact state, the Commission shall attempt to 04 resolve disputes related to the Compact which arise among compact states and 05 between compact and non-compact states. 06 (2) The Commission shall promulgate a rule providing for both 07 mediation and binding dispute resolution for disputes that arise before the 08 Commission. 09 (d) Enforcement 10 (1) The Commission, in the reasonable exercise of its discretion, shall 11 enforce the provisions and rules of this Compact. 12 (2) By majority vote, the Commission may initiate legal action in the 13 United States District Court for the State of Georgia or the federal district where the 14 Compact has its principal offices against a compact state in default to enforce 15 compliance with the provisions of the Compact and its promulgated rules and bylaws. 16 The relief sought may include both injunctive relief and damages. In the event judicial 17 enforcement is necessary, the prevailing member shall be awarded all costs of such 18 litigation, including reasonable attorney's fees. 19 (3) The remedies herein shall not be the exclusive remedies of the 20 Commission. The Commission may pursue any other remedies available under federal 21 or state law. 22 ARTICLE XIII. DATE OF IMPLEMENTATION OF THE PSYCHOLOGY 23 INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED 24 RULES, WITHDRAWAL, AND AMENDMENTS 25 (a) The Compact shall come into effect on the date on which the Compact is 26 enacted into law in the seventh compact state. The provisions which become effective 27 at that time shall be limited to the powers granted to the Commission relating to 28 assembly and the promulgation of rules. Thereafter, the Commission shall meet and 29 exercise rulemaking powers necessary to the implementation and administration of the 30 Compact. 31 (b) Any state which joins the Compact subsequent to the Commission's initial 01 adoption of the rules shall be subject to the rules as they exist on the date on which the 02 Compact becomes law in that state. Any rule which has been previously adopted by 03 the Commission shall have the full force and effect of law on the day the Compact 04 becomes law in that state. 05 (c) Any compact state may withdraw from this Compact by enacting a statute 06 repealing the same. 07 (1) A compact state's withdrawal shall not take effect until six (6) 08 months after enactment of the repealing statute. 09 (2) Withdrawal shall not affect the continuing requirement of the 10 withdrawing state's psychology regulatory authority to comply with the investigative 11 and adverse action reporting requirements of this act prior to the effective date of 12 withdrawal. 13 (d) Nothing contained in this Compact shall be construed to invalidate or 14 prevent any psychology licensure agreement or other cooperative arrangement 15 between a compact state and a non-compact state which does not conflict with the 16 provisions of this Compact. 17 (e) This Compact may be amended by the compact states. No amendment to 18 this Compact shall become effective and binding upon any compact state until it is 19 enacted into the law of all compact states. 20 ARTICLE XIV. CONSTRUCTION AND SEVERABILITY 21 This Compact shall be liberally construed so as to effectuate the purposes 22 thereof. If this Compact shall be held contrary to the constitution of any state member 23 thereto, the Compact shall remain in full force and effect as to the remaining compact 24 states. 25  * Sec. 10. AS 12.62.400(a) is amended by adding a new paragraph to read: 26 (26) licensure as a psychologist under AS 08.86.