SENATE BILL 119

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Gerald Ortiz y Pino

 

 

 

 

 

AN ACT

RELATING TO PROFESSIONAL LICENSURE; ENACTING THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

         SECTION 1. [NEW MATERIAL] PSYCHOLOGY INTERJURISDICTIONAL COMPACT ENTERED INTO.--The Psychology Interjurisdictional Compact is entered into law and entered into with all other jurisdictions legally joining therein in a form substantially as follows:

"ARTICLE I

PURPOSE

         Whereas, states license psychologists in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

         Whereas, this compact is intended to regulate the day-to-day practice of telepsychology, i.e., the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

         Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

         Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state; and

         Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and

         Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and

         Whereas, while this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.

         Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

                   (1) increasing 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) enhancing the states' ability to protect the public's health and safety, especially client/patient safety;

                   (3) encouraging the cooperation of compact states in the areas of psychology licensure and regulation;

                   (4) facilitating the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;

                   (5) promoting compliance with the laws governing psychological practice in each compact state; and

                   (6) investing all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

ARTICLE II

DEFINITIONS

         As used in the compact:

                   A. "adverse action" means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record;

                   B. "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;

                   C. "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;

                   D. "bylaws" means those bylaws established by the Psychology Interjurisdictional Compact commission pursuant to Article X of this compact for its governance or for directing and controlling its actions and conduct;

                   E. "client/patient" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision or consulting services;

                   F. "commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to Article X of this compact;

                   G. "compact state" means a state, the District of Columbia or a United States territory that has enacted this compact legislation and that has not withdrawn pursuant to Subsection C of Article XIII of this compact or been terminated pursuant to Subsection B of Article XII of this compact;

                   H. "confidentiality" means the principle that data or information is not made available or disclosed to unauthorized persons or processes;

                   I. "coordinated licensure information system", also referred to as "coordinated database", means an integrated process for collecting, storing and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws and the Psychology Interjurisdictional Compact, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities;

                   J. "day" means any part of a day in which psychological work is performed;

                   K. "distant state" means 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;

                   L. "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;

                   M. "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;

                   N. "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 authorization 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 a temporary authorization to practice, the home state is any compact state where the psychologist is licensed;

                   O. "identity history summary" means a summary of information retained by the United States federal bureau of investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization or military service;

                   P. "in-person, face-to-face" means interactions in which the psychologist and the client/patient are in the same physical space and does not include interactions that may occur through the use of telecommunication technologies;

                   Q. "interjurisdictional practice certificate" means a certificate issued by the association of state and provincial psychology boards 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;

                   R. "license" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization;

                   S. "non-compact state" means any state that is not at the time a compact state;

                   T. "psychologist" means an individual licensed for the independent practice of psychology;

                   U. "Psychology Interjurisdictional Compact commission", also referred to as "commission", means the national administration of which all compact states are members;

                   V. "receiving state" means a compact state where the client/patient is physically located when the telepsychological services are delivered;

                   W. "rule" means a written statement by the Psychology Interjurisdictional Compact commission promulgated pursuant to Article XI of this compact 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, and has the force and effect of statutory law in a compact state and includes the amendment, repeal or suspension of an existing rule;

                   X. "significant investigatory information" means:

                               (1) 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

                               (2) investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or has had an opportunity to respond;

                   Y. "state" means a state, commonwealth, territory or possession of the United States or the District of Columbia;

                   Z. "state psychology regulatory authority" means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology;

                   AA. "telepsychology" means the provision of psychological services using telecommunication technologies;

                   BB. "temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state; and

                   CC. "temporary in-person, face-to-face practice" means where a psychologist is physically present, not through the use of telecommunications technologies, in a distant state to provide for the practice of psychology for thirty days within a calendar year and based on notification to the distant state.

ARTICLE III

HOME STATE LICENSURE

                   A. The home state shall be a compact state where a psychologist is licensed to practice psychology.

                   B. 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.

                   C. 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.

                   D. 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 temporary authorization to practice under the terms of this compact.

                   E. 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:

                               (1) currently requires the psychologist to hold an active E.Passport;

                               (2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

                               (3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

                               (4) 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 United States federal bureau of investigation, Psychology Interjurisdictional Compact or other designee with similar authority, no later than ten years after activation of the compact; and

                               (5) complies with the bylaws and rules of the commission.

                   F. A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

                               (1) currently requires the psychologist to hold an active interjurisdictional practice certificate;

                    &#