APPROVED CHAPTER
JUNE 22, 2021 331
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 631 - L.D. 863
An Act To Have Maine Join the Interstate Psychology Interjurisdictional
Compact
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 56, sub-c. 4 is enacted to read:
SUBCHAPTER 4
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
§3841. Short title; legislative intent; declaration of purpose - Article 1
1. Short title. This subchapter may be known and cited as "the Psychology
Interjurisdictional Compact."
2. Legislative intent. This compact is the Maine enactment of the Psychology
Interjurisdictional Compact, which is referred to in this subchapter as "the compact." The
form, format and text of the compact have been changed minimally so as to conform to the
Maine Revised Statutes. The changes to the compact are technical in nature, and this Act
must be interpreted as substantively the same as the compact that is enacted by other
compact states.
3. Purpose. The compact protects the public through the verification of education,
training and experience and ensures accountability for the professional practice of
psychology.
A. The compact:
(1) Regulates the day-to-day practice of telepsychology, that is, the provision of
psychological services using telecommunications technologies by psychologists
across state boundaries in the performance of their psychological practice as
assigned by an appropriate authority;
(2) Regulates the temporary in-person, face-to-face practice of psychology by
psychologists across state boundaries for 30 days within a calendar year in the
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performance of their psychological practice as assigned by an appropriate
authority;
(3) Authorizes state psychology regulatory authorities to afford legal recognition,
in a manner consistent with the terms of the compact, to psychologists licensed in
another state;
(4) Recognizes that states have a vested interest in protecting public health and
safety through their licensing and regulation of psychologists and that such
regulation will best protect public health and safety;
(5) Does not apply when psychologists are licensed in both their home state and
receiving states; and
(6) Does not apply to ongoing in-person, face-to-face practice but allows for
authorization of a temporary psychological practice.
B. The compact is designed to achieve the following purposes and objectives:
(1) To increase public access to professional psychological services by allowing
for telepsychological practice across state lines as well as temporary in-person,
face-to-face services in a state in which the psychologist is not licensed to practice
psychology;
(2) To enhance a state's ability to protect public health and safety, especially client
safety;
(3) To encourage the cooperation of compact states in the areas of psychology
licensure and regulation;
(4) To facilitate the exchange of information between compact states regarding
psychologist licensure, adverse actions and disciplinary history;
(5) To promote compliance with the laws governing psychological practice in each
compact state; and
(6) To invest all compact states with the authority to hold licensed psychologists
accountable through the mutual recognition of compact states' licenses.
§3842. Definitions - Article 2
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Adverse action. "Adverse action" means any action taken by a state psychology
regulatory authority that is identified by the state psychology regulatory authority as
discipline for a violation of a statute or regulation and that is a matter of public record.
2. Association of State and Provincial Psychology Boards. "Association of State
and Provincial Psychology Boards" means the recognized membership organization
composed of state and provincial psychology regulatory authorities responsible for the
licensure and registration of psychologists throughout the United States and Canada.
3. Authority to practice interjurisdictional telepsychology. "Authority to practice
interjurisdictional telepsychology" means a licensed psychologist's authority to practice
telepsychology within the limits authorized under this compact in another compact state.
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4. Bylaws. "Bylaws" means the bylaws established by the commission pursuant to
section 3850 for its governance or for directing and controlling its actions and conduct.
5. Client. "Client" means the recipient of psychological services, whether
psychological services are delivered in the context of health care, corporate, supervision or
consulting services.
6. Commission. "Commission" means the Psychology Interjurisdictional Compact
Commission established by section 3850, which is the governing body of the compact.
7. Commissioner. "Commissioner" means the voting representative appointed by
each state psychology regulatory authority pursuant to section 3850.
8. Compact state. "Compact state" means a state, the District of Columbia or a United
States territory that has enacted the compact and that has not withdrawn pursuant to section
3850-C, subsection 3 or has not been terminated pursuant to section 3850-B, subsection 2.
9. Confidential. "Confidential" means the principle that data or information is not
made available or disclosed to unauthorized persons or processes.
10. Coordinated database. "Coordinated database" means the coordinated licensure
information system described in section 3849, which is an integrated process for collecting,
storing and sharing information on psychologists' licensure and enforcement activities
related to psychology licensure laws.
11. Day. "Day" means any part of a day in which psychological services are
performed.
12. Distant state. "Distant state" means a 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.
13. E-passport. "E-passport" means a certificate issued by the Association of State
and Provincial Psychology Boards 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.
14. Executive board. "Executive board" means a group of directors elected or
appointed to act on behalf of, and within the powers granted to them by, the commission
pursuant to section 3850, subsection 5.
15. Home state. "Home state" means a compact state where a psychologist is licensed
to practice psychology. If the psychologist is licensed in more than one compact state and
is practicing under the authority to practice interjurisdictional telepsychology, the home
state is the compact state where the psychologist is physically present when the
telepsychological services are delivered. If the psychologist is licensed in more than one
compact state and is practicing under the temporary authorization to practice pursuant to
section 3845, the home state is any compact state where the psychologist is licensed.
16. Identity history summary. "Identity history summary" means a summary of
information retained by the Federal Bureau of Investigation or other designee with similar
authority in connection with arrests and, in some instances, federal employment,
naturalization or military service.
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17. In-person, face-to-face. "In-person, face-to-face" means interactions in which the
psychologist and the client are in the same physical space and does not include interactions
that may occur through the use of telecommunications technologies.
18. Interjurisdictional practice certificate. "Interjurisdictional practice certificate"
means a certificate issued by the Association of State and Provincial Psychology Boards
that grants temporary authorization to practice based on notification to the state psychology
regulatory authority of intention to practice temporarily and verifies the qualifications for
such practice.
19. License. "License" means authorization by a state psychology regulatory authority
to engage in the independent practice of psychology.
20. Non-compact state. "Non-compact state" means any state that is not a compact
state.
21. Psychologist. "Psychologist" means an individual licensed for the independent
practice of psychology.
22. Receiving state. "Receiving state" means a compact state where the client is
physically located when telepsychological services are delivered.
23. Rule. "Rule" means a written statement by the commission, promulgated pursuant
to section 3850-A, that is of general applicability, implements, interprets or prescribes a
policy or provision of the compact or an organizational, procedural or practice requirement
of the commission. A rule has the force and effect of statutory law in a compact state and
includes the amendment, repeal or suspension of an existing rule.
24. Significant investigatory information. "Significant investigatory information"
means either:
A. Investigative information that a state psychology regulatory authority, after a
preliminary inquiry that includes notification and an opportunity to respond if required
by state law, has reason to believe, if proven true, would indicate more than a violation
of state statute or ethics code that would be considered more substantial than a minor
infraction; or
B. Investigative information that indicates that a psychologist represents an immediate
threat to public health and safety regardless of whether the psychologist has been
notified and had an opportunity to respond.
25. State. "State" means a state, the District of Columbia or a territory of the United
States.
26. State psychology regulatory authority. "State psychology regulatory authority"
means the board, office or other agency with the legislative mandate to license and regulate
the practice of psychology.
27. Telepsychology. "Telepsychology" means the provision of psychological services
using telecommunications technologies.
28. Temporary authorization to practice. "Temporary authorization to practice"
means a licensed psychologist's authority to provide temporary in-person, face-to-face
practice within the limits authorized under this compact in another compact state.
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29. Temporary in-person, face-to-face practice. "Temporary in-person, face-to-face
practice" means the practice of psychology when a psychologist is physically present in a
distant state to provide services for 30 days within a calendar year and is based on
notification to the distant state. "Temporary in-person face-to-face practice" does not
include the use of telecommunications technologies.
§3843. Home state licensure - Article 3
1. Home state. The home state must be a compact state where a psychologist is
licensed to practice psychology.
2. Licensing in more than one compact state. A psychologist may hold one or more
compact state licenses at a time. If the psychologist is licensed in more than one compact
state, the home state is the compact state where the psychologist is physically present when
the services are delivered as authorized by the authority to practice interjurisdictional
telepsychology under the terms of this compact.
3. Circumstances not authorized by compact for telepsychology practice. Any
compact state may require a psychologist not previously licensed in a compact state to
obtain and retain a license to be authorized to practice in the compact state under
circumstances not authorized by the authority to practice interjurisdictional telepsychology
under the terms of this compact.
4. Circumstances not authorized by compact for temporary authorization to
practice. Any compact state may require a psychologist to obtain and retain a license to
be authorized to practice in a compact state under circumstances not authorized by the
temporary authorization to practice under the terms of this compact.
5. Home state license; telepsychology practice. A home state's license authorizes a
psychologist to practice in a receiving state under the authority to practice
interjurisdictional telepsychology only if the compact state:
A. Currently requires the psychologist to hold an active e-passport;
B. Has a mechanism in place for receiving and investigating complaints about licensed
psychologists;
C. Notifies the commission, in compliance with the terms herein, of any adverse action
or significant investigatory information regarding a licensed psychologist;
D. 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, no later than 10 years after activation of the compact; and
E. Complies with the bylaws and rules of the commission.
6. Home state license; temporary authorization to practice. A home state's license
grants temporary authorization to practice to a psychologist in a distant state only if the
compact state:
A. Currently requires the psychologist to hold an active interjurisdictional practice
certificate;
B. Has a mechanism in place for receiving and investigating complaints about licensed
psychologists;
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C. Notifies the commission, in compliance with the terms herein, of any adverse action
or significant investigatory information regarding a licensed psychologist;
D. 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, no later than 10 years after activation of the compact; and
E. Complies with the bylaws and rules of the commission.
§3844. Compact privilege to practice telepsychology - Article 4
1. Privilege to practice telepsychology in receiving states. Compact states shall
recognize the right of a psychologist, licensed in a compact state in conformance with
section 3843, to practice telepsychology in receiving states in which the psychologist is not
licensed under the authority to practice interjurisdictional telepsychology as provided in
the compact.
2. Conditions to exercise authority to practice interjurisdictional telepsychology.
To exercise the authority to practice interjurisdictional telepsychology under the terms and
provisions of this compact, a psychologist licensed to practice in a compact state must:
A. Hold a graduate degree in psychology from an institute of higher education that
was, at the time the degree was awarded:
(1) Regionally accredited by an accrediting body recognized by the United States
Department of Education to grant graduate degrees or authorized by provincial
statute or royal charter to grant doctoral degrees; or
(2) A foreign college or university determined to satisfy subparagraph (1) by a
foreign credential evaluation service that is a member of the National Association
of Credential Evaluation Services or by a recognized foreign credential evaluation
service;
B. Hold a graduate degree in psychology that meets the following criteria:
(1) The program, wherever it may be administratively housed, must be clearly
identified and labeled as a psychology program. The program must specify in
pertinent institutional catalogues and brochures its intent to educate and train
professional psychologists;
(2) The program must stand as a recognizable, coherent, organizational entity
within the institution;
(3) There must be a clear authority and primary responsibility for the core and
specialty areas whether or not the program cuts across administrative lines;
(4) The program must consist of an integrated, organized sequence of study;
(5) There must be an identifiable psychology faculty sufficient in size and breadth
to carry out its responsibilities;
(6) The designated director of the program must be a psychologist and a member
of the core faculty;
(7) The program must have an identifiable body of students who are matriculated
in that program for a degree;
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(8) The program must include supervised practicum, internship or field training
appropriate to the practice of psychology;
(9) The curriculum must encompass a minimum of 3 academic years of full-time
graduate study for doctoral degrees and a minimum of one academic year of full-
time graduate study for master's degrees; and
(10) The program includes an acceptable residency as defined by the rules;
C. Possess a current, full and unrestricted license to practice psychology in a home
state that is a compact state;
D. Have no history of adverse actions that violate the rules;
E. Have no criminal history record reported on an identity history summary that