1 SB102
2 203095-5
3 By Senators Jones, Givhan, Elliott, Whatley, Sessions,
4 Williams and Livingston
5 RFD: Veterans and Military Affairs
6 First Read: 02-FEB-21
7 PFD: 01/28/2021
Page 0
 SB102
1 SB102
2
3
4 ENROLLED, An Act,
5 Relating to the licensed practice of psychology; to
6 provide and adopt the Psychology Interjurisdictional Compact
7 to allow licensed psychologists to practice among compact
8 states in a limited manner; to provide eligibility
9 requirements for licensed psychologists to practice pursuant
10 to the compact; to provide for a coordinated licensure
11 information system, joint investigations, and disciplinary
12 actions; to establish the Psychology Interjurisdictional
13 Compact Commission, and to provide for membership, powers, and
14 duties, and provide for rulemaking functions of the
15 commission; and to provide for oversight of the compact,
16 enforcement of the compact, default procedures, dispute
17 resolution, withdrawal of compact states, and dissolution of
18 the compact.
19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20 Section 1. PURPOSE
21 Whereas, states license psychologists in order to
22 protect the public through verification of education,
23 training, and experience and ensure accountability for
24 professional practice; and
Page 1
 SB102
1 Whereas, this compact is intended to regulate the
2 day-to-day practice of telepsychology (i.e., the provision of
3 psychological services using telecommunication technologies)
4 by psychologists across state boundaries in the performance of
5 their psychological practice as assigned by an appropriate
6 authority; and
7 Whereas, this compact is intended to regulate the
8 temporary in-person, face-to-face practice of psychology by
9 psychologists across state boundaries for 30 days within a
10 calendar year in the performance of their psychological
11 practice as assigned by an appropriate authority; and
12 Whereas, this compact is intended to authorize state
13 psychology regulatory authorities to afford legal recognition,
14 in a manner consistent with the terms of the compact, to
15 psychologists licensed in another state; and
16 Whereas, this compact recognizes that states have a
17 vested interest in protecting the public's health and safety
18 through their licensing and regulation of psychologists and
19 that such state regulation will best protect public health and
20 safety; and
21 Whereas, this compact does not apply when a
22 psychologist is licensed in both the home and receiving
23 states; and
Page 2
 SB102
1 Whereas, this compact does not apply to permanent
2 in-person, face-to-face practice; however, it does allow for
3 authorization of temporary psychological practice.
4 Consistent with these principles, this compact is
5 designed to achieve the following purposes and objectives:
6 1. Increase public access to professional
7 psychological services by allowing for telepsychological
8 practice across state lines as well as temporary in-person,
9 face-to-face services into a state in which the psychologist
10 is not licensed to practice psychology.
11 2. Enhance the ability of the compact states to
12 protect the public's health and safety, especially
13 client/patient safety.
14 3. Encourage the cooperation of compact states in
15 the areas of psychology licensure and regulation.
16 4. Facilitate the exchange of information between
17 compact states regarding psychologist licensure, adverse
18 actions, and disciplinary history.
19 5. Promote compliance with the laws governing
20 psychological practice in each compact state.
21 6. Invest all compact states with the authority to
22 hold licensed psychologists accountable through the mutual
23 recognition of compact state licenses.
24 Section 2. DEFINITIONS
Page 3
 SB102
1 As used in this section, the following terms have
2 the following meanings:
3 (1) ADVERSE ACTION. Any action taken by a state
4 psychology regulatory authority which finds a violation of a
5 law or regulation that is identified by the state psychology
6 regulatory authority as discipline and is a matter of public
7 record.
8 (2) ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY
9 BOARDS (ASPPB). The recognized membership organization
10 composed of state and provincial psychology regulatory
11 authorities responsible for the licensure and registration of
12 psychologists throughout the United States and Canada.
13 (3) AUTHORITY TO PRACTICE INTERJURISDICTIONAL
14 TELEPSYCHOLOGY. A licensed psychologist's authority to
15 practice telepsychology, within the limits authorized under
16 this compact, in another compact state.
17 (4) BYLAWS. Those bylaws established by the
18 Psychology Interjurisdictional Compact Commission pursuant to
19 Section 10 for its governance, or for directing and
20 controlling its actions and conduct.
21 (5) CLIENT/PATIENT. The recipient of psychological
22 services, whether psychological services are delivered in the
23 context of health care, corporate, supervision, or consulting
24 services.
Page 4
 SB102
1 (6) COMMISSIONER. The voting representative
2 appointed by each state psychology regulatory authority
3 pursuant to Section 10.
4 (7) COMPACT STATE. A state, the District of
5 Columbia, or United States territory that has enacted this
6 compact legislation and that has not withdrawn pursuant to
7 Section 13, subsection (c) or been terminated pursuant to
8 Section 12, subsection (b).
9 (8) COORDINATED LICENSURE INFORMATION SYSTEM or
10 COORDINATED DATABASE. An integrated process for collecting,
11 storing, and sharing information on psychologists' licensure
12 and enforcement activities related to psychology licensure
13 laws, which is administered by the recognized membership
14 organization composed of state and provincial psychology
15 regulatory authorities.
16 (9) CONFIDENTIALITY. The principle that data or
17 information is not made available or disclosed to unauthorized
18 persons or processes.
19 (10) DAY. Any part of a day in which psychological
20 work is performed.
21 (11) DISTANT STATE. The compact state where a
22 psychologist is physically present, not through the use of
23 telecommunications technologies, to provide temporary
24 in-person, face-to-face psychological services.
Page 5
 SB102
1 (12) E.PASSPORT. A certificate issued by the
2 Association of State and Provincial Psychology Boards (ASPPB)
3 that promotes the standardization in the criteria of
4 interjurisdictional telepsychology practice and facilitates
5 the process for licensed psychologists to provide
6 telepsychological services across state lines.
7 (13) EXECUTIVE BOARD. A group of directors elected
8 or appointed to act on behalf of, and within the powers
9 granted to them by, the commission.
10 (14) HOME STATE. A compact state where a
11 psychologist is licensed to practice psychology. If the
12 psychologist is licensed in more than one compact state and is
13 practicing under the authorization to practice
14 interjurisdictional telepsychology, the home state is the
15 compact state where the psychologist is physically present
16 when the telepsychological services are delivered. If the
17 psychologist is licensed in more than one compact state and is
18 practicing under the temporary authorization to practice, the
19 home state is any compact state where the psychologist is
20 licensed.
21 (15) IDENTITY HISTORY SUMMARY. A summary of
22 information retained by the Federal Bureau of Investigation,
23 or other designee with similar authority, in connection with
24 arrests and, in some instances, federal employment,
25 naturalization, or military service.
Page 6
 SB102
1 (16) IN-PERSON, FACT-TO-FACE. Interactions in which
2 the psychologist and the client/patient are in the same
3 physical space and which does not include interactions that
4 may occur through the use of telecommunication technologies.
5 (17) INTERJURISDICTIONAL PRACTICE CERTIFICATE (IPC).
6 A certificate issued by the Association of State and
7 Provincial Psychology Boards (ASPPB) that grants temporary
8 authority to practice based on notification to the state
9 psychology regulatory authority of intention to practice
10 temporarily, and verification of one's qualifications for such
11 practice.
12 (18) LICENSE. Authorization by a state psychology
13 regulatory authority to engage in the independent practice of
14 psychology, which would be unlawful without the authorization.
15 (19) NON-COMPACT STATE. Any state which is not at
16 the time a compact state.
17 (20) PSYCHOLOGIST. An individual licensed for the
18 independent practice of psychology.
19 (21) PSYCHOLOGY INTERJURISDICTIONAL COMPACT
20 COMMISSION or COMMISSION. The national administration of which
21 all compact states are members.
22 (22) RECEIVING STATE. A compact state where the
23 client/patient is physically located when the
24 telepsychological services are delivered.
Page 7
 SB102
1 (23) RULE. A written statement by the Psychology
2 Interjurisdictional Compact Commission adopted pursuant to
3 Section 11 of the compact that is of general applicability,
4 implements, interprets, or prescribes a policy or provision of
5 the compact, or an organizational, procedural, or practice
6 requirement of the commission, and has the force and effect of
7 statutory law in a compact state, and includes the amendment,
8 repeal, or suspension of an existing rule.
9 (24) SIGNIFICANT INVESTIGATORY INFORMATION. Either
10 of the following:
11 a. Investigative information that a state psychology
12 regulatory authority, after a preliminary inquiry that
13 includes notification and an opportunity to respond if
14 required by state law, has reason to believe, if proven true,
15 would indicate more than a violation of state law or ethics
16 code that would be considered more substantial than minor
17 infraction.
18 b. Investigative information that indicates that the
19 psychologist represents an immediate threat to public health
20 and safety regardless of whether the psychologist has been
21 notified and/or had an opportunity to respond.
22 (25) STATE. A state, commonwealth, territory, or
23 possession of the United States, or the District of Columbia.
Page 8
 SB102
1 (26) STATE PSYCHOLOGY REGULATORY AUTHORITY. The
2 board, office, or other agency with the legislative mandate to
3 license and regulate the practice of psychology.
4 (27) TELEPSYCHOLOGY. The provision of psychological
5 services using telecommunication technologies.
6 (28) TEMPORARY AUTHORIZATION TO PRACTICE. A licensed
7 psychologist's authority to conduct temporary in-person,
8 face-to-face practice, within the limits authorized under this
9 compact, in another compact state.
10 (29) TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE.
11 Where a psychologist is physically present, not through the
12 use of telecommunications technologies, in the distant state
13 to provide for the practice of psychology for 30 days within a
14 calendar year and based on notification to the distant state.
15 Section 3. HOME STATE LICENSURE
16 (a) The home state shall be a compact state where a
17 psychologist is licensed to practice psychology.
18 (b) A psychologist may hold one or more compact
19 state licenses at a time. If the psychologist is licensed in
20 more than one compact state, the home state is the compact
21 state where the psychologist is physically present when the
22 services are delivered as authorized by the authority to
23 practice interjurisdictional telepsychology under the terms of
24 this compact.
Page 9
 SB102
1 (c) Any compact state may require a psychologist not
2 previously licensed in a compact state to obtain and retain a
3 license to be authorized to practice in the compact state
4 under circumstances not authorized by the authority to
5 practice interjurisdictional telepsychology under the terms of
6 this compact.
7 (d) Any compact state may require a psychologist to
8 obtain and retain a license to be authorized to practice in a
9 compact state under circumstances not authorized by temporary
10 authorization to practice under the terms of this compact.
11 (e) A home state's license authorizes a psychologist
12 to practice in a receiving state under the authority to
13 practice interjurisdictional telepsychology only if the
14 compact state:
15 (1) Currently requires the psychologist to hold an
16 active E.Passport;
17 (2) Has a mechanism in place for receiving and
18 investigating complaints about licensed individuals;
19 (3) Notifies the commission, in compliance with the
20 terms herein, of any adverse action or significant
21 investigatory information regarding a licensed individual;
22 (4) Requires an identity history summary of all
23 applicants at initial licensure, including the use of the
24 results of fingerprints or other biometric data checks
25 compliant with the requirements of the Federal Bureau of
Page 10
 SB102
1 Investigation, or other designee with similar authority, no
2 later than 10 years after activation of the compact; and
3 (5) Complies with the bylaws and rules of the
4 commission.
5 (f) A home state's license grants temporary
6 authorization to practice to a psychologist in a distant state
7 only if the compact state:
8 (1) Currently requires the psychologist to hold an
9 active IPC;
10 (2) Has a mechanism in place for receiving and
11 investigating complaints about licensed individuals;
12 (3) Notifies the commission, in compliance with the
13 terms herein, of any adverse action or significant
14 investigatory information regarding a licensed individual;
15 (4) Requires an identity history summary of all
16 applicants at initial licensure, including the use of the
17 results of fingerprints or other biometric data checks
18 compliant with the requirements of the Federal Bureau of
19 Investigation, or other designee with similar authority, no
20 later than 10 years after activation of the compact; and
21 (5) Complies with the bylaws and rules of the
22 commission.
23 Section 4. COMPACT PRIVILEGE TO PRACTICE
24 TELEPSYCHOLOGY
Page 11
 SB102
1 (a) Compact states shall recognize the right of a
2 psychologist, licensed in a compact state in conformance with
3 Section 3, to practice telepsychology in other compact states
4 in which the psychologist is not licensed, under the authority
5 to practice interjurisdictional telepsychology as provided in
6 the compact.
7 (b) To exercise the authority to practice
8 interjurisdictional telepsychology under the terms and
9 provisions of this compact, a psychologist licensed to
10 practice in a compact state must:
11 (1) Hold a graduate degree in psychology from an
12 institute of higher education that was, at the time the degree
13 was awarded:
14 a. Regionally accredited by an accrediting body
15 recognized by the U.S. Department of Education to grant
16 graduate degrees, or authorized by provincial statute or royal
17 charter to grant doctoral degrees; or
18 b. A foreign college or university deemed to be
19 equivalent to paragraph a. by a foreign credential evaluation
20 service that is a member of the National Association of
21 Credential Evaluation Services (NACES) or by a recognized
22 foreign credential evaluation service; and
23 (2) Hold a graduate degree in psychology that meets
24 all of the following criteria:
Page 12
 SB102
1 a. The program, wherever it may be administratively
2 housed, must be clearly identified and labeled as a psychology
3 program. Such a program must specify in pertinent
4 institutional catalogues and brochures its intent to educate
5 and train professional psychologists.
6 b. The psychology program must stand as a
7 recognizable, coherent, organizational entity w