SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2209
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2209, as amended, would enact the Psychology
Interjurisdictional Compact, PSYPACT (Compact), and
provide for the interjurisdictional authorization of
psychologists across state boundaries to practice
telepsychology using telecommunication technologies and to
provide temporary in-person, face-to-face psychology
services.
The bill would become effective on January 1, 2022, and
upon publication in the Kansas Register.

Article I—Purpose
The purpose of the Compact would be to regulate the
day-to-day practice of telepsychology, the provision of
psychological services using telecommunication
technologies; to regulate the temporary (30 days within a
calendar year) in-person, face-to-face practice of
telepsychology by psychologists across state boundaries in
performing their psychological practice as assigned by an
appropriate authority; and to authorize state psychology
regulatory authorities to legally recognize, in a manner
consistent with the terms of the Compact, psychologists
licensed in another state.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The Compact would not apply to a psychologist licensed
in both the home and receiving states and to the permanent,
in-person, face-to-face practice of psychology.
The Compact’s design would be to achieve the following
purposes and objectives:
● Increase public access to professional
psychological services by allowing
telepsychological practice across state lines and
temporary in-person, face-to-face services into a
state in which the psychologist is not licensed to
practice psychology;
● Enhance the states’ ability to protect the public’s
health and safety, especially client/patient safety;
● Encourage the cooperation of compact states in
the areas of psychology licensure and regulation;
● Facilitate the exchange of information between
compact states regarding psychologist licensure,
adverse actions, and disciplinary history;
● Promote compliance with the laws governing
psychological practice in each compact state; and
● Invest all compact states with the authority to hold
licensed psychologists accountable through the
mutual recognition of compact state licenses.
Article II—Definitions
The Compact would define applicable terms, including
the following:
● “Association of State and Provincial Psychology
Boards” (Association) would mean the recognized
membership organization composed of state and
provincial psychology regulatory authorities
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 responsible for the licensure of psychologists
throughout the United States and Canada;
● “Authority to practice interjurisdictional
telepsychology” would mean a licensed
psychologist’s authority to practice telepsychology,
within the limits authorized under the Compact, in
another compact state;
● “Commissioner” would mean the voting
representative appointed by each state psychology
regulatory authority pursuant to Article X;
● “Compact state” would mean a state, the District of
Columbia, or a U.S. territory that has enacted
Compact legislation and has not withdrawn
pursuant to Article XIII(c) or been terminated
pursuant to Article XII(b);
● “Coordinated licensure information system” or
“coordinated database” would mean an integrated
process for collecting, storing, and sharing
information on psychologists’ licensure and
enforcement activities related to psychology
licensure laws, administered by the recognized
membership organization composed of state and
provincial psychology regulatory authorities;
● “Distant state” would mean the compact state
where a psychologist is physically present, not
through the use of telecommunications
technologies, to provide temporary in-person, face-
to-face psychological services;
● “E.Passport” would mean a certificate issued by
the Association that promotes the standardization
in the criteria of interjurisdictional telepsychology
practice and facilitates the process for licensed
psychologists to provide telepsychological services
across state lines;

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 ● “Home state” would mean the compact state where
a psychologist is licensed to practice psychology. If
the psychologist is licensed in more than one
compact state and is practicing interjurisdictional
psychology, the home state would be the compact
state where the psychologist is physically present
when the services are delivered. If the psychologist
is licensed in more than one compact state under a
temporary authorization to practice, the home state
would be any compact state where the
psychologist is licensed;
● “Interjurisdictional practice certificate” would mean
a certificate issued by the Association that grants
temporary authority to practice based on
notification to the state psychology regulatory
authority of intention to practice temporarily and
verification of one’s qualifications for such practice;
● “Psychology Interjurisdictional Compact
Commission” (Commission) would mean the
national administration of which all compact states
are members;
● “Receiving state” would mean a compact state
where the client/patient is physically located when
the telepsychological services are delivered; and
● “Rule” would mean a written statement by the
Commission promulgated pursuant to Article XI
that meets the four requirements set out, including
having the force and effect of statutory law in a
compact state.
Article III—Home State Licensure
Under the Compact, a home state’s license would
authorize a psychologist to practice in a receiving state under
the authority to practice interjurisdictional telepsychology only
if the compact state:
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 ● Currently requires the psychologist to hold an
active E.Passport;
● Has a mechanism in place for receiving and
investigating complaints about licensed individuals;
● Notifies the Commission, in compliance with the
terms of the Compact, of any adverse action or
significant investigatory information regarding a
licensed individual;
● Requires an identity history summary of all
applicants at initial licensure, including the use of
the results of fingerprints or other biometric data
checks compliant with the requirements of the
Federal Bureau of Investigation, or other designee
with similar authority, not later than ten years after
activation of the Compact; and
● Complies with the bylaws and rules of the
Commission.
Under the Compact, a home state’s license would grant
temporary authorization to practice to a psychologist in a
distant state only if the same five conditions noted above
required for authorization to practice interjurisdictional
psychology were met.

Article IV—Compact Privilege to Practice Telepsychology
The Compact would require compact states to recognize
the right of a psychologist, licensed in a compact state in
conformance with Article III, to practice telepsychology in
other compact states, or receiving states, in which the
psychologist is not licensed, under the authority to practice
interjurisdictional telepsychology as provided in the Compact.
The Compact would establish specific requirements for
a psychologist licensed to practice in a compact state to

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exercise the authority to practice interjurisdictional
telepsychology under the terms and provisions of the
Compact.
The Compact would provide the home state would
maintain authority over the license of any psychologist
practicing into a receiving state under the authority to practice
interjurisdictional telepsychology. A psychologist practicing
into a receiving state under the authority to practice
interjurisdictional telepsychology would be subject to the
receiving state’s scope of practice.
The Compact would authorize a receiving state, in
accordance with the state’s due process laws, to limit or
revoke a psychologist’s authority to practice interjurisdictional
telepsychology in the receiving state and to take any other
necessary actions under that state’s applicable law to protect
the health and safety of the receiving state’s citizens. The
Compact would require a state taking such disciplinary action
to notify the home state and the Commission.
The Compact would require the E.Passport to be
revoked and a psychologist no longer be eligible to practice
telepsychology in a compact state under the authority to
practice interjurisdictional telepsychology if the psychologist’s
license in any home state or another compact state, or any
authority to practice interjurisdictional telepsychology in any
receiving state, is restricted, suspended, or otherwise limited.

Article V—Compact Temporary Authorization to Practice
The Compact would require compact states to also
recognize the right of a psychologist licensed in a compact
state in conformance with Article III to practice temporarily in
other compact states, or distant states, in which the
psychologist is not licensed, as provided in the Compact.
The Compact would establish specific requirements for
a psychologist licensed to practice in a compact state to
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exercise the temporary authorization to practice under the
terms and provisions of the Compact. These requirements
would be the same as those for Compact privilege to practice
telepsychology.
With regard to a psychologist practicing into a distant
state under the temporary authorization to practice, the
Compact would require the psychologist to:
● Practice within the scope of practice authorized by
the distant state; and
● Be subject to the distant state’s authority and law.
The distant state’s authority to limit or revoke a
psychologist’s temporary authorization to practice in the
distant state and its requirement to promptly notify the home
state and the Commission of such disciplinary actions would
be the same as that of a receiving state with regard to a
psychologist’s authority to practice interjurisdictional authority
in a receiving state.
The Compact would require the revocation of an
interjurisdictional practice certificate under the same
conditions that would require the revocation of an E.Passport.

Article VI—Conditions of Telepsychology Practice in a
Receiving State
The Compact would authorize a psychologist to practice
in a receiving state under the authority to practice
interjurisdictional telepsychology only in the performance of
the scope of practice for psychology as assigned by an
appropriate state psychology regulatory authority, as defined
in the rules of the Commission, and under the following
circumstances:


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 ● The psychologist initiates a client/patient contact in
a home state via telecommunications technologies
with a client/patient in a receiving state; and
● Other conditions regarding telepsychology as
determined by rules promulgated by the
Commission.
Article VII—Adverse Actions
The Compact would establish the following with regard
to adverse actions against a psychologist:
● A home state would have the power to impose
adverse action against a psychologist’s license
issued by the home state. A distant state would
have the power to take adverse action on a
psychologist’s temporary authorization to practice
within the distant state;
● A receiving state would be authorized to take
action on a psychologist’s authority to practice
interjurisdictional telepsychology within that
receiving state. A home state would be allowed to
take adverse action based on an adverse action
taken by a distant state regarding temporary in-
person, face-to-face practice;
● If a home state takes adverse action against a
psychologist’s license, that psychologist’s authority
to practice interjurisdictional telepsychology would
be terminated and the E.Passport revoked. The
psychologist’s temporary authorization to practice
would be terminated and the interjurisdictional
practice certificate would be revoked. The Compact
would require all home state disciplinary orders
that impose adverse action and adverse actions by
compact states to be reported to the Commission,
in accordance with the rules of the Commission;

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● A home state’s psychology regulatory authority
would be required to investigate and take
appropriate disciplinary action with regard to
reported inappropriate conduct that occurred in a
receiving state as it would if such conduct had
occurred within the home state. In these cases, the
home state’s law would control the determination of
any adverse action against a psychologist’s
license. In like manner, a distant state would be
required to investigate and take appropriate action
against a psychologist practicing under a
temporary authorization that occurred in the distant
state, as if such conduct had occurred within the
home state. The distant state’s law would control in
determining any adverse action against a
psychologist’s temporary authorization to practice;
● The Compact would not override a compact state’s
decision that a psychologist’s participation in an
alternative program would be used in lieu of
adverse action and that participation would remain
non-public if required by the compact state’s law.
During the term of the alternative program,
compact states would be prohibited from allowing
psychologists in an alternative program to practice
interjurisdictional telepsychology or provide
temporary psychological services under the
temporary authorization to practice in any other
compact state; and
● No other judicial or administrative remedies would
be available to a psychologist in the event a
compact state imposes an adverse action that
results in the revocation of an E.Passport or an
interjurisdictional practice certificate.


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Article VIII—Additional Authorities Invested in a Compact
State’s Psychology Regulatory Authority
In addition to powers granted under state law, the
Compact would provide a compact state’s psychology
regulatory authority with additional authorities including:
● Issuing subpoenas for both hearings and
investigations that require the attendance and
testimony of witnesses and the production of
evidence; and
● Issuing cease and desist or injunctive relief orders
to revoke a psychologist’s authority to practice
interjurisdictional telepsychology or temporary
authorization to practice.
Article IX—Coordinated Licensure Information System
The Compact would provide for the development and
maintenance of a coordinated licensure information system
and reporting system containing licensure and disciplinary
action information on all individuals to whom the Compact is
applicable in all compact states.
Notwithstanding any other provision of state law to the
contrary, a compact state would be required to submit a
specified uniform data set to the coordinated database on all
licensees as required by the rules of the Commission. The
Compact would require the coordinated database
administrator to promptly notify all compact states of any
adverse action taken against, or significant investigative
information on, any licensee in a compact state. Compact
states would be allowed to designate information reported to
the coordinated database that would not be shared with the
public without the express permission of the compact state
reporting the information. Information submitted to the
coordinated database subsequently required to be expunged

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by state law of the compact state reporting the information
would be removed from the coordinated database.

Article X—Establishment of the Commission
Creation of Commission
The Compact would require compact states to create
and establish a joint public agency known as the Psychology
Interjurisdictional Compact Commission. The Commission
would be a body politic and an instrumentality of the compact
states. Venue would be proper and judicial pr