1 HB266
2 203095-2
3 By Representatives Rafferty and Lee
4 RFD: Health
5 First Read: 02-FEB-21
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8 SYNOPSIS: This bill would establish the Psychology
9 Interjurisdictional Compact (PSYPACT).
10 This bill would allow day-to-day
11 psychological practice using telecommunication
12 technologies by licensed psychologists among
13 compact states.
14 This bill would allow temporary in-person,
15 face-to-face practice of psychology by licensed
16 psychologists for no more than 30 days per year
17 among compact states.
18 This bill would authorize state psychology
19 regulatory authorities in compact states, which
20 would include the Alabama Board of Examiners in
21 Psychology, to legally recognize, in a manner
22 consistent with terms of the compact, psychologists
23 licensed within those states.
24 This bill would provide eligibility
25 requirements for licensed psychologists to practice
26 pursuant to the compact.
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1 This bill would provide for a coordinated
2 licensure information system, investigations, and
3 disciplinary actions.
4 This bill would establish the Psychology
5 Interjurisdictional Compact Commission, and would
6 provide for membership, powers, and duties.
7 This bill would also provide for rulemaking
8 functions of the commission, oversight of the
9 compact, enforcement of the compact, default
10 procedures, dispute resolution, withdrawal of
11 compact states, and dissolution of the compact.
12
13 A BILL
14 TO BE ENTITLED
15 AN ACT
16
17 Relating to the licensed practice of psychology; to
18 provide and adopt the Psychology Interjurisdictional Compact
19 to allow licensed psychologists to practice among compact
20 states in a limited manner; to provide eligibility
21 requirements for licensed psychologists to practice pursuant
22 to the compact; to provide for a coordinated licensure
23 information system, joint investigations, and disciplinary
24 actions; to establish the Psychology Interjurisdictional
25 Compact Commission, and to provide for membership, powers, and
26 duties, and provide for rulemaking functions of the
27 commission; and to provide for oversight of the compact,
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1 enforcement of the compact, default procedures, dispute
2 resolution, withdrawal of compact states, and dissolution of
3 the compact.
4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
5 Section 1. PURPOSE
6 Whereas, states license psychologists in order to
7 protect the public through verification of education,
8 training, and experience and ensure accountability for
9 professional practice; and
10 Whereas, this compact is intended to regulate the
11 day-to-day practice of telepsychology (i.e., the provision of
12 psychological services using telecommunication technologies)
13 by psychologists across state boundaries in the performance of
14 their psychological practice as assigned by an appropriate
15 authority; and
16 Whereas, this compact is intended to regulate the
17 temporary in-person, face-to-face practice of psychology by
18 psychologists across state boundaries for 30 days within a
19 calendar year in the performance of their psychological
20 practice as assigned by an appropriate authority; and
21 Whereas, this compact is intended to authorize state
22 psychology regulatory authorities to afford legal recognition,
23 in a manner consistent with the terms of the compact, to
24 psychologists licensed in another state; and
25 Whereas, this compact recognizes that states have a
26 vested interest in protecting the public's health and safety
27 through their licensing and regulation of psychologists and
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1 that such state regulation will best protect public health and
2 safety; and
3 Whereas, this compact does not apply when a
4 psychologist is licensed in both the home and receiving
5 states; and
6 Whereas, this compact does not apply to permanent
7 in-person, face-to-face practice; however, it does allow for
8 authorization of temporary psychological practice.
9 Consistent with these principles, this compact is
10 designed to achieve the following purposes and objectives:
11 1. Increase public access to professional
12 psychological services by allowing for telepsychological
13 practice across state lines as well as temporary in-person,
14 face-to-face services into a state in which the psychologist
15 is not licensed to practice psychology.
16 2. Enhance the ability of the compact states to
17 protect the public's health and safety, especially
18 client/patient safety.
19 3. Encourage the cooperation of compact states in
20 the areas of psychology licensure and regulation.
21 4. Facilitate the exchange of information between
22 compact states regarding psychologist licensure, adverse
23 actions, and disciplinary history.
24 5. Promote compliance with the laws governing
25 psychological practice in each compact state.
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1 6. Invest all compact states with the authority to
2 hold licensed psychologists accountable through the mutual
3 recognition of compact state licenses.
4 Section 2. DEFINITIONS
5 As used in this section, the following terms have
6 the following meanings:
7 (1) ADVERSE ACTION. Any action taken by a state
8 psychology regulatory authority which finds a violation of a
9 law or regulation that is identified by the state psychology
10 regulatory authority as discipline and is a matter of public
11 record.
12 (2) ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY
13 BOARDS (ASPPB). The recognized membership organization
14 composed of state and provincial psychology regulatory
15 authorities responsible for the licensure and registration of
16 psychologists throughout the United States and Canada.
17 (3) AUTHORITY TO PRACTICE INTERJURISDICTIONAL
18 TELEPSYCHOLOGY. A licensed psychologist's authority to
19 practice telepsychology, within the limits authorized under
20 this compact, in another compact state.
21 (4) BYLAWS. Those bylaws established by the
22 Psychology Interjurisdictional Compact Commission pursuant to
23 Section 10 for its governance, or for directing and
24 controlling its actions and conduct.
25 (5) CLIENT/PATIENT. The recipient of psychological
26 services, whether psychological services are delivered in the
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1 context of health care, corporate, supervision, or consulting
2 services.
3 (6) COMMISSIONER. The voting representative
4 appointed by each state psychology regulatory authority
5 pursuant to Section 10.
6 (7) COMPACT STATE. A state, the District of
7 Columbia, or United States territory that has enacted this
8 compact legislation and that has not withdrawn pursuant to
9 Section 13, subsection (c) or been terminated pursuant to
10 Section 12, subsection (b).
11 (8) COORDINATED LICENSURE INFORMATION SYSTEM or
12 COORDINATED DATABASE. An integrated process for collecting,
13 storing, and sharing information on psychologists' licensure
14 and enforcement activities related to psychology licensure
15 laws, which is administered by the recognized membership
16 organization composed of state and provincial psychology
17 regulatory authorities.
18 (9) CONFIDENTIALITY. The principle that data or
19 information is not made available or disclosed to unauthorized
20 persons or processes.
21 (10) DAY. Any part of a day in which psychological
22 work is performed.
23 (11) DISTANT STATE. The compact state where a
24 psychologist is physically present, not through the use of
25 telecommunications technologies, to provide temporary
26 in-person, face-to-face psychological services.
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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.
26 (16) IN-PERSON, FACT-TO-FACE. Interactions in which
27 the psychologist and the client/patient are in the same
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1 physical space and which does not include interactions that
2 may occur through the use of telecommunication technologies.
3 (17) INTERJURISDICTIONAL PRACTICE CERTIFICATE. A
4 certificate issued by the Association of State and Provincial
5 Psychology Boards (ASPPB) that grants temporary authority to
6 practice based on notification to the state psychology
7 regulatory authority of intention to practice temporarily, and
8 verification of one's qualifications for such practice.
9 (18) LICENSE. Authorization by a state psychology
10 regulatory authority to engage in the independent practice of
11 psychology, which would be unlawful without the authorization.
12 (19) NON-COMPACT STATE. Any state which is not at
13 the time a compact state.
14 (20) PSYCHOLOGIST. An individual licensed for the
15 independent practice of psychology.
16 (21) PSYCHOLOGY INTERJURISDICTIONAL COMPACT
17 COMMISSION or COMMISSION. The national administration of which
18 all compact states are members.
19 (22) RECEIVING STATE. A compact state where the
20 client/patient is physically located when the
21 telepsychological services are delivered.
22 (23) RULE. A written statement by the Psychology
23 Interjurisdictional Compact Commission adopted pursuant to
24 Section 11 of the compact that is of general applicability,
25 implements, interprets, or prescribes a policy or provision of
26 the compact, or an organizational, procedural, or practice
27 requirement of the commission, and has the force and effect of
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1 statutory law in a compact state, and includes the amendment,
2 repeal, or suspension of an existing rule.
3 (24) SIGNIFICANT INVESTIGATORY INFORMATION. Either
4 of the following:
5 a. Investigative information that a state psychology
6 regulatory authority, after a preliminary inquiry that
7 includes notification and an opportunity to respond if
8 required by state law, has reason to believe, if proven true,
9 would indicate more than a violation of state law or ethics
10 code that would be considered more substantial than minor
11 infraction.
12 b. Investigative information that indicates that the
13 psychologist represents an immediate threat to public health
14 and safety regardless of whether the psychologist has been
15 notified and/or had an opportunity to respond.
16 (25) STATE. A state, commonwealth, territory, or
17 possession of the United States, or the District of Columbia.
18 (26) STATE PSYCHOLOGY REGULATORY AUTHORITY. The
19 board, office, or other agency with the legislative mandate to
20 license and regulate the practice of psychology.
21 (27) TELEPSYCHOLOGY. The provision of psychological
22 services using telecommunication technologies.
23 (28) TEMPORARY AUTHORIZATION TO PRACTICE. A licensed
24 psychologist's authority to conduct temporary in-person,
25 face-to-face practice, within the limits authorized under this
26 compact, in another compact state.
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1 (29) TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE.
2 Where a psychologist is physically present, not through the
3 use of telecommunications technologies, in the distant state
4 to provide for the practice of psychology for 30 days within a
5 calendar year and based on notification to the distant state.
6 Section 3. HOME STATE LICENSURE
7 (a) The home state shall be a compact state where a
8 psychologist is licensed to practice psychology.
9 (b) A psychologist may hold one or more compact
10 state licenses at a time. If the psychologist is licensed in
11 more than one compact state, the home state is the compact
12 state where the psychologist is physically present when the
13 services are delivered as authorized by the authority to
14 practice interjurisdictional telepsychology under the terms of
15 this compact.
16 (c) Any compact state may require a psychologist not
17 previously licensed in a compact state to obtain and retain a
18 license to be authorized to practice in the compact state
19 under circumstances not authorized by the authority to
20 practice interjurisdictional telepsychology under the terms of
21 this compact.
22 (d) Any compact state may require a psychologist to
23 obtain and retain a license to be authorized to practice in a
24 compact state under circumstances not authorized by temporary
25 authorization to practice under the terms of this compact.
26 (e) A home state's license authorizes a psychologist
27 to practice in a receiving state under the authority to
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1 practice interjurisdictional telepsychology only if the
2 compact state:
3 (1) Currently requires the psychologist to hold an
4 active E.Passport;
5 (2) Has a mechanism in place for receiving and
6 investigating complaints about licensed individuals;
7 (3) Notifies the commission, in compliance with the
8 terms herein, of any adverse action or significant
9 investigatory information regarding a licensed individual;
10 (4) Requires an identity history summary of all
11 applicants at initial licensure, including the use of the
12 results of fingerprints or other biometric data checks
13 compliant with the requirements of the Federal Bureau of
14 Investigation, or other designee with similar authority, no
15 later than 10 years after activation of the compact; and
16 (5) Complies with the bylaws and rules of the
17 commission.
18 (f) A home state's license grants temporary
19 authorization to practice to a psychologist in a distant state
20 only if the compact state:
21 (1) Currently requires the psychologist to hold an
22 active IPC;
23 (2) Has a mechanism in place for receiving and
24 investigating complaints about licensed individuals;
25 (3) Notifies the commission, in compliance with the
26 terms herein, of any adverse action or significant
27 investigatory information regarding a licensed individual;
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1 (4) Requires an identity history summary of all
2 applicants at initial licensure, including the use of the
3 results of fingerprints or other biometric data checks
4 compliant with the requirements of the Federal Bureau of
5 Investigation, or other designee with similar authority, no
6 later than 10 years after activation of the compact; and
7 (5) Complies with the bylaws and rules of the
8 commission.
9 Section 4. COMPACT PRIVILEGE TO PRACTICE
10 TELEPSYCHOLOGY
11 (a) Compact states shall recognize the right of a
12 psychologist, licensed in a compact state in conformance with
13 Section 3, to practice telepsychology in other compact states
14 in which the psychologist is not licensed, under the authority
15 to practice interjurisdictional telepsychology as provided in
16 the compact.
17 (b) To exercise the authority to practice
18 interjurisdictional telepsychology under the terms and
19 provisions of this compact, a psychol