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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 835
Introduced by Blood, 3.
Read first time January 03, 2024
Committee: Education
1 A BILL FOR AN ACT relating to public health; to amend section 38-3113,
2 Reissue Revised Statutes of Nebraska; to adopt the School
3 Psychologist Interstate Licensure Compact; to harmonize provisions;
4 and to repeal the original section.
5 Be it enacted by the people of the State of Nebraska,
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1 Section 1. This section shall be known and cited as the School
2 Psychologist Interstate Licensure Compact. The State of Nebraska adopts
3 the School Psychologist Interstate Licensure Compact in the form
4 substantially as follows:
5 SECTION 1. PURPOSE
6 The purpose of this Compact is to facilitate the interstate practice
7 of School Psychology in educational or school settings, and in so doing
8 to improve the availability of School Psychological Services to the
9 public. This Compact is intended to establish a pathway to allow School
10 Psychologists to obtain equivalent licenses to provide School
11 Psychological Services in any Member State. In this way, this Compact
12 shall enable the Member States to ensure that safe and effective School
13 Psychological Services are available and delivered by appropriately
14 qualified professionals in their educational settings.
15 To facilitate the objectives described above, this Compact:
16 A. Enables School Psychologists who qualify for receipt of an
17 Equivalent License to practice in other Member States without first
18 satisfying burdensome and duplicative requirements;
19 B. Promotes the mobility of School Psychologists between and among
20 the Member States in order to address workforce shortages and to ensure
21 that safe and reliable School Psychological Services are available in
22 each Member State;
23 C. Enhances the public accessibility of School Psychological
24 Services by increasing the availability of qualified, licensed School
25 Psychologists through the establishment of an efficient and streamlined
26 pathway for Licensees to practice in other Member States;
27 D. Preserves and respects the authority of each Member State to
28 protect the health and safety of its residents by ensuring that only
29 qualified, licensed professionals are authorized to provide School
30 Psychological Services within that State;
31 E. Requires School Psychologists practicing within a Member State to
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1 comply with the Scope of Practice laws present in the State where the
2 School Psychological Services are being provided;
3 F. Promotes cooperation between the Member States in regulating the
4 practice of School Psychology within those States; and
5 G. Facilitates the relocation of military members and their spouses
6 who are licensed to provide School Psychological Services.
7 SECTION 2. DEFINITIONS
8 A. "Active Military Member" means any person with full-time duty
9 status in the armed forces of the United States, including members of the
10 National Guard and Reserve.
11 B. "Adverse Action" means disciplinary action or encumbrance imposed
12 on a License by a State Licensing Authority.
13 C. "Alternative Program" means a nondisciplinary, prosecutorial
14 diversion, monitoring, or practice remediation process entered into in
15 lieu of an Adverse Action which is applicable to a School Psychologist
16 and approved by the State Licensing Authority of a Member State in which
17 the participating School Psychologist is licensed. This includes, but is
18 not limited to, programs to which Licensees with substance abuse or
19 addiction issues may be referred in lieu of an Adverse Action.
20 D. "Commissioner" means the individual appointed by a Member State
21 to serve as the representative to the Commission for that Member State.
22 E. "Compact" means this School Psychologist Interstate Licensure
23 Compact.
24 F. "Continuing Professional Education" means a requirement, imposed
25 by a Member State as a condition of License renewal to provide evidence
26 of successful participation in professional educational activities
27 relevant to the provision of School Psychological Services.
28 G. "Criminal Background Check" means the submission of fingerprints
29 or other biometric information for a License applicant for the purpose of
30 obtaining that applicant's criminal history record information, as
31 defined in 28 C.F.R. 20.3(d), and the State's criminal history record
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1 repository, as defined in 28 C.F.R. 20.3(f).
2 H. "Doctoral Level Degree" means a graduate degree program that
3 consists of at least ninety graduate semester hours in the field of
4 School Psychology and that includes a supervised internship.
5 I. "Encumbered License" means a License that a State Licensing
6 Authority has limited in any way other than through an Alternative
7 Program, including temporary or provisional licenses.
8 J. "Executive Committee" means the Commission's Chair, Vice Chair,
9 Secretary, and Treasurer and any other Commissioners as may be determined
10 by Commission Rule or bylaw.
11 K. "Equivalent License" means a license to practice School
12 Psychology which a Member State has identified as a license which may be
13 provided to School Psychologists from other Member States pursuant to
14 this Compact.
15 L. "Home State" means the Member State that issued the Home State
16 License to the Licensee and is the Licensee's primary state of practice.
17 M. "Home State License" means the License that is not an Encumbered
18 License issued by the Home State to provide School Psychological
19 Services.
20 N. "School Psychological Services" means academic, mental, and
21 behavioral health services including assessment, prevention, consultation
22 and collaboration, intervention, and evaluation provided by a School
23 Psychologist in a school, as outlined in applicable professional
24 standards as determined by Commission Rule.
25 O. "License" means a current license, certification, or other
26 authorization granted by a Member State's Licensing Authority that
27 permits an individual to provide School Psychological Services.
28 P. "Licensee" means an individual who holds a License from a Member
29 State to provide School Psychological Services.
30 Q. "Member State" means a State that has enacted the Compact and
31 been admitted to the Commission in accordance with the provisions herein
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1 and Commission Rules.
2 R. "Model Compact" means the model language for the School
3 Psychologist Interstate Licensure Compact on file with the Council of
4 State Governments or other entity as designated by the Commission.
5 S. "Practice of School Psychology" means the delivery of School
6 Psychological Services.
7 T. "School Psychologist Interstate Licensure Compact Commission" or
8 "Commission" means the joint government agency established by this
9 Compact whose membership consists of representatives from each Member
10 State that has enacted the Compact, and as further described in Section
11 7.
12 U. "State Licensing Authority" means a Member State's regulatory
13 body responsible for issuing Licenses or otherwise overseeing the
14 Practice of School Psychology.
15 V. "Specialist-Level Degree" means a degree program that requires at
16 least sixty graduate semester hours or equivalent in the field of School
17 Psychology and that includes a supervised internship.
18 W. "Qualifying National Exam" means a national licensing examination
19 endorsed by the National Association of School Psychologists and any
20 other exam as approved by the Rules of the Commission.
21 X. "Qualifying School Psychologist Education Program" means an
22 education program which awards a Specialist-Level or Doctoral-Level
23 degree or equivalent upon completion and is approved by the Rules of the
24 Commission as meeting the necessary minimum educational standards to
25 ensure that its graduates are ready, qualified, and able to engage in the
26 Practice of School Psychology.
27 Y. "Remote State" means a Member State other than the Home State
28 where a Licensee holds a License through the Compact.
29 Z. "Rule" means a regulation promulgated by an entity, including,
30 but not limited to, the Commission and the State Licensing Authority of
31 each Member State, that has the force of law.
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1 AA. "School Psychologist" means an individual who has met the
2 requirements to obtain a Home State License that legally conveys the
3 professional title of School Psychologist, or its equivalent as
4 determined by the Rules of the Commission.
5 BB. "Scope of Practice" means the procedures, actions, and processes
6 a School Psychologist licensed in a State is permitted to undertake in
7 that State and the circumstances under which that Licensee is permitted
8 to undertake those procedures, actions, and processes. Such procedures,
9 actions, and processes, and the circumstances under which they may be
10 undertaken, may be established through means including, but not limited
11 to, statute, regulation, case law, and other processes available to the
12 State Licensing Authority or other government agency.
13 CC. "State" means any state, commonwealth, district, or territory of
14 the United States of America.
15 DD. "State Specific Requirement" means a requirement for licensure
16 covered in coursework or examination that includes content of unique
17 interest to the State.
18 EE. "Unencumbered License" means a License that authorizes a
19 Licensee to engage in the full and unrestricted Practice of School
20 Psychology.
21 SECTION 3. STATE PARTICIPATION IN THE COMPACT
22 A. To be eligible to join this Compact, and to maintain eligibility
23 as a Member State, a State must:
24 1. Enact a compact statute that is not materially different from the
25 Model Compact as defined in the Commission's Rules;
26 2. Participate in the sharing of information with other Member
27 States as reasonably necessary to accomplish the objectives of this
28 Compact, and as further defined in Section 8;
29 3. Identify and maintain with the Commission a list of Equivalent
30 Licenses available to Licensees who hold a Home State License under this
31 Compact;
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1 4. Have a mechanism in place for receiving and investigating
2 complaints about Licensees;
3 5. Notify the Commission, in compliance with the terms of the
4 Compact and the Commission's Rules, of any Adverse Action taken against a
5 Licensee, or of the availability of investigative information which
6 relates to a Licensee or applicant for licensure;
7 6. Require that applicants for a Home State License have:
8 a. Taken and passed a Qualifying National Exam as defined by the
9 Rules of the Commission;
10 b. Completed a minimum of one thousand two hundred hours of
11 supervised internship, of which at least six hundred must have been
12 completed in a school, prior to being approved for licensure; and
13 c. Graduated from a Qualifying School Psychologist Education
14 Program;
15 7. Comply with the terms of this Compact and the Rules of the
16 Commission.
17 B. Each Member State shall grant an Equivalent License to practice
18 School Psychology in that state upon application by a Licensee who
19 satisfies the criteria of Section 4.A. Each Member State shall grant
20 renewal of the Equivalent License to a Licensee who satisfies the
21 criteria of Section 4.B.
22 C. Member States may set and collect a fee for granting an
23 Equivalent License.
24 SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
25 A. To obtain and maintain an Equivalent License from a Remote State
26 under this Compact, a Licensee must:
27 1. Hold and maintain an active Home State License;
28 2. Satisfy any applicable State Specific Requirements established by
29 the Member State after an Equivalent License is granted;
30 3. Complete any administrative or application requirements which the
31 Commission may establish by Rule and pay any associated fees;
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1 4. Complete any requirements for renewal in the Home State,
2 including applicable Continuing Professional Education requirements; and
3 5. Upon application to receive a license under this Compact, undergo
4 a criminal background check in the Member State in which the Equivalent
5 License is sought in accordance with the laws and regulations of such
6 Member State.
7 B. To renew an Equivalent License in a Member State other than the
8 Home State, a Licensee must only apply for renewal, complete a background
9 check, and pay renewal fees as determined by the State Licensing
10 Authority.
11 SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
12 A Licensee who is an Active Military Member or is the spouse of an
13 Active Military Member shall be deemed to hold a Home State License in
14 any of the following locations:
15 A. The Licensee's permanent residence;
16 B. A Member State that is the Licensee's primary State of Practice;
17 and
18 C. A Member State where the Licensee has relocated pursuant to a
19 Permanent Change of Station (PCS).
20 SECTION 6. DISCIPLINE AND ADVERSE ACTIONS
21 A. Nothing in this Compact shall be deemed or construed to limit the
22 authority of a Member State to investigate or impose disciplinary
23 measures on Licensees according to the Scope of Practice Laws thereof.
24 B. Member States shall be authorized to receive, and shall provide,
25 files and information regarding the investigation and discipline, if any,
26 of Licensees in other Member States upon request. Any Member State
27 receiving such information or files shall protect and maintain the
28 security and confidentiality thereof, in at least the same manner that it
29 maintains its own investigatory or disciplinary files and information.
30 Prior to disclosing any disciplinary or investigatory information
31 received from another Member State, the disclosing state shall
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1 communicate its intention and purpose for such disclosure to the Member
2