23.0335.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2205
of North Dakota
Introduced by
Senators K. Roers, Hogan, Lee
Representatives Nelson, Schreiber-Beck, Strinden
1 A BILL for an Act to create and enact chapter 43-32.1 of the North Dakota Century Code,
2 relating to adoption of the psychology interjurisdictional compact.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. Chapter 43-32.1 of the North Dakota Century Code is created and enacted as
5 follows:
6 43-32.1-01. Psychology interjurisdictional compact.
7 ARTICLE I - PURPOSE
8 WHEREAS, states license psychologists, in order to protect the public through verification
9 of education, training and experience and ensure accountability for professional practice; and
10 WHEREAS, this compact is intended to regulate the day-to-day practice of telepsychology
11 (i.e. the provision of psychological services using telecommunication technologies) by
12 psychologists across state boundaries in the performance of their psychological practice as
13 assigned by appropriate authority; and
14 WHEREAS, this compact is intended to regulate the temporary in-person, face-to-face
15 practice of psychology by psychologists across state boundaries for thirty days within a
16 calendar year in the performance of their psychological practice as assigned by an appropriate
17 authority;
18 WHEREAS, this compact is intended to authorize state psychology regulatory authorities to
19 afford legal recognition, in a manner consistent with the terms of the compact, to psychologists
20 licensed in another state;
21 WHEREAS, this compact recognizes that states have a vested interest in protecting the
22 public's health and safety through their licensing and regulation of psychologists and that such
23 state regulation will best protect public health and safety;
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1 WHEREAS, this compact does not apply when a psychologist is licensed in both the home
2 and receiving states; and
3 WHEREAS, this compact does not apply to permanent in-person, face-to-face practice, it
4 does allow for authorization of temporary psychological practice. Consistent with these
5 principles, this compact is designed to achieve the following purposes and objectives:
6 1. Increase public access to professional psychological services by allowing for
7 telepsychological practice across state lines as well as temporary in-person, face-to-
8 face services into a state which the psychologist is not licensed to practice
9 psychology;
10 2. Enhance the states' ability to protect the public's health and safety, especially
11 client/patient safety;
12 3. Encourage the cooperation of compact states in the areas of psychology licensure and
13 regulation;
14 4. Facilitate the exchange of information between compact states regarding psychologist
15 licensure, adverse actions and disciplinary history;
16 5. Promote compliance with the laws governing psychological practice in each compact
17 state; and
18 6. Invest all compact states with the authority to hold licensed psychologists accountable
19 through the mutual recognition of compact state licenses.
20 ARTICLE II - DEFINITIONS
21 In this compact:
22 1. "Adverse action" means any action taken by a state psychology regulatory authority
23 which finds a violation of a statute or regulation that is identified by the state
24 psychology regulatory authority as discipline and is a matter of public record.
25 2. "Association of state and provincial psychology boards" means the recognized
26 membership organization composed of state psychology regulatory authorities
27 responsible for the licensure and registration of psychologists throughout the United
28 States and Canada.
29 3. "Authority to practice jurisdictional telepsychology" means a licensed psychologist's
30 authority to practice telepsychology, within the limits authorized under this compact, in
31 another compact state.
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1 4. "Bylaws" means those bylaws established by the psychology interjurisdictional
2 compact commission pursuant to article X for its governance, or for directing and
3 controlling its actions and conduct.
4 5. "Client/patient" means the recipient of psychological services, whether psychological
5 services are delivered in the context of health care, corporate, supervision, and/or
6 consulting services.
7 6. "Commissioner" means the voting representative appointed by each state psychology
8 regulatory authority pursuant to article X.
9 7. "Compact state" means a state, the District of Columbia, or United States territory that
10 has enacted this compact legislation and which has not withdrawn pursuant to
11 article XIII, subsection 3 or been terminated pursuant to article XII, subsection 2.
12 8. "Confidentiality" means the principle that data or information is not
13 made available or disclosed to unauthorized persons or processes.
14 9. "Coordinated licensure information system" also referred to as "coordinated database"
15 means an integrated process for collecting, storing, and sharing information on
16 psychologists' licensure and enforcement activities related to psychology licensure
17 laws, which is administered by the recognized, membership organization composed of
18 state and provincial psychology regulatory authorities.
19 10. "Day" means any part of a day in which psychological work is performed.
20 11. "Distant state" means the compact state where a psychologist is physically present
21 (not through the use of telecommunications technologies), to provide temporary
22 in-person, face-to-face psychological services.
23 12. "E.passport" means a certificate issued by the association of state and provincial
24 psychology boards that promotes the standardization in the criteria of interjurisdictional
25 telepsychology practice and facilitates the process for licensed psychologists to
26 provide telepsychological services across state lines.
27 13. "Executive board" means a group of directors elected or appointed to act on behalf of,
28 and within the powers granted to them by, the commission.
29 14. "Home state" means a compact state where a psychologist is licensed to practice
30 psychology. If the psychologist is licensed in more than one compact state and is
31 practicing under the authorization to practice interjurisdictional telepsychology, the
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1 home state is the compact state where the psychologist is physically present when the
2 telepsychological services are delivered. If the psychologist is licensed in more than
3 one compact state and is practicing under the temporary authorization to practice, the
4 home state is any compact state where the psychologist is licensed.
5 15. "Identity history summary" means a summary of information retained by the federal
6 bureau of investigation, or other designee with similar authority, in connection with
7 arrests and, in some instances, federal employment, naturalization, or military service.
8 16. "In-person, face-to-face" means interactions in which the psychologist and the
9 client/patient are in the same physical space and which does not include interactions
10 that may occur through the use of telecommunication technologies.
11 17. "Interjurisdictional practice certificate" means a certificate issued by the association of
12 state and provincial psychology boards that grants temporary authority to practice
13 based on notification to the state psychology regulatory authority of intention to
14 practice temporarily, and verification of one's qualifications for such practice.
15 18. "License" means authorization by a state psychology regulatory authority to engage in
16 the independent practice of psychology, which would be unlawful without the
17 authorization.
18 19. "Noncompact state" means any state which is not at the time a compact state.
19 20. "Psychologist" means an individual licensed for the independent practice of
20 psychology.
21 21. "Psychology interjurisdictional compact commission" also referred to as "commission"
22 means the national administration of which all compact states are members.
23 22. "Receiving state" means a compact state where the client/patient is physically located
24 when the telepsychological services are delivered.
25 23. "Rule" means a written statement by the psychology interjurisdictional compact
26 commission promulgated pursuant to article XI of the compact that is of general
27 applicability, implements, interprets, or prescribes a policy or provision of the compact,
28 or an organizational, procedural, or practice requirement of the commission and has
29 the force and effect of statutory law in a compact state, and includes the amendment,
30 repeal, or suspension of an existing rule.
31 24. "Significant investigatory information" means:
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1 a. Investigative information that a state psychology regulatory authority, after a
2 preliminary inquiry that includes notification and an opportunity to respond if
3 required by state law, has reason to believe, if proven true, would indicate more
4 than a violation of state statute or ethics code that would be considered more
5 substantial than minor infraction; or
6 b. Investigative information that indicates that the psychologist represents an
7 immediate threat to public health and safety regardless of whether the
8 psychologist has been notified and/or had an opportunity to respond.
9 25. "State" means a state, commonwealth, territory, or possession of the United States,
10 the District of Columbia.
11 26. "State psychology regulatory authority" means the board, office, or other agency with
12 the legislative mandate to license and regulate the practice of psychology.
13 27. "Telepsychology" means the provision of psychological services using
14 telecommunication technologies.
15 28. "Temporary authorization to practice" means a licensed psychologist's authority to
16 conduct temporary in-person, face-to-face practice, within the limits authorized under
17 this compact, in another compact state.
18 29. "Temporary in-person, face-to-face practice" means where a psychologist is physically
19 present (not through the use of telecommunications technologies), in the distant state
20 to provide for the practice of psychology for thirty days within a calendar year and
21 based on notification to the distant state.
22 ARTICLE III - HOME STATE LICENSURE
23 1. The home state shall be a compact state where a psychologist is licensed to practice
24 psychology.
25 2. A psychologist may hold one or more compact state licenses at a time. If the
26 psychologist is licensed in more than one compact state, the home state is the
27 compact state where the psychologist is physically present when the services are
28 delivered as authorized by the authority to practice interjurisdictional telepsychology
29 under the terms of this compact.
30 3. Any compact state may require a psychologist not previously licensed in a compact
31 state to obtain and retain a license to be authorized to practice in the compact state
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1 under circumstances not authorized by the authority to practice interjurisdictional
2 telepsychology under the terms of this compact.
3 4. Any compact may require a psychologist to obtain and retain a license to be
4 authorized to practice in a compact state under circumstances not authorized by
5 temporary authorization to practice under the terms of this compact.
6 5. A home state's license authorizes a psychologist to practice in a receiving state under
7 the authority to practice interjurisdictional telepsychology only if the compact state:
8 a. Currently requires the psychologist to hold an active e.passport;
9 b. Has a mechanism in place for receiving and investigation complaints about
10 licensed individuals;
11 c. Notifies to commission, in compliance with the terms herein, of any adverse
12 action or significant investigatory information regarding a licensed individual;
13 d. Requires an identity history summary of all applicants at initial licensure,
14 including the use of the results of fingerprints or other biometric data checks
15 compliant with the requirements of the federal bureau of investigation, or other
16 designee with similar authority, no later than ten years after activation of the
17 compact; and
18 e. Complies with the bylaws and rules of the commission.
19 6. A home state's license grants temporary authorization to practice to a psychologist in a
20 distant state only if the compact state:
21 a. Currently requires the psychologist to hold an active interjurisdictional practice
22 certificate;
23 b. Has a mechanism in place for receiving and investigation complaints about
24 licensed individuals;
25 c. Notifies the commission, in compliance with the terms herein, of any adverse
26 action or significant investigatory information regarding a licensed individual;
27 d. Requires an identity history summary of all applicants at initial licensure,
28 including the use of the results of fingerprints or other biometric data checks
29 compliant with the requirements of the federal bureau of investigation, or other
30 designee with similar authority, no later than ten years after activation of the
31 compact; and
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1 e. Complies with the bylaws and rules of the commission.
2 ARTICLE IV - COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY
3 1. Compact states shall recognize the right of a psychologist, licensed in a compact state
4 in conformance with article III, to practice telepsychology in other compact states
5 (receiving states) in which the psychologist is not licensed, under the authority to
6 practice interjurisdictional telepsychology as provided in the compact.
7 2. To exercise the authority to practice interjurisdictional telepsychology under the terms
8 and provisions of this compact, a psychologist licensed to practice in a compact state
9 must:
10 a. Hold a graduate degree in psychology from an institute of higher education that
11 was, at the time the degree was awarded:
12 (1) Regionally accredited by an accrediting body recognized by the United
13 States department of education to grant graduate degrees, or authorized by
14 provincial statute or royal charter to grant doctoral degrees;
15 (2) A foreign college or university deemed to be equivalent to paragraph 1 by a
16 foreign credential evaluation service that is a member of the national
17 association of credential evaluation services or by a recognized foreign
18 credential evaluation service;
19 b. Hold a graduate degree in psychology that meets the following criteria:
20 (1) The program, wherever it may be administratively housed, must be clearly
21 identified and labeled as a psychology program. Such a program must
22 specify in pertinent institutional catalogs and brochures its intent to educate
23 and train professional psychologists;
24 (2) The psychology program must stand as a recognizable, coherent,
25 organizational entity within the institution;
26 (3) There must be a clear authority and primary responsibility for the core and
27 specialty areas whether or not the program cuts across administrative lines;
28 (4) The program must consist of an integrated, organized sequence of study;
29 (5) There must be an identifiable psychology faculty sufficient in size and
30 breadth to carry out its responsibilities;
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