{"data":{"id":"us-ky/krs-319.054","jurisdiction":"us-ky","citation":"KRS 319.054","heading":"Psychology Interjurisdictional Compact.","body":"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; 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; Whereas, this Compact is  intended to regulate the temporary in -person, face -to-face practice of psychology by psychologists across state boundaries for thirty (30) days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; 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; 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; Whereas, this Compact does not apply when a psycho logist is licensed in both the Home and Receiving States; and Whereas, this Compact does not apply to permanent in -person, face-to-face practice, and it does allow for authorization of temporary psychological practice; Consistent with these principles, th is Compact is designed to achieve the following purposes and objectives:\n1. 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 to a state in which the psychologist is not licensed to practice psychology;\n2. Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety;\n3. Encourage the cooperation of Compact States in the areas of psychol ogy licensure and regulation;\n4. Facilitate the exchange of information between Compact States regarding psychologist licensure, adverse actions and disciplinary history;\n5. Promote compliance with the laws governing psycholo gical practice in each Compact State; and\n6. Invest all Compact States with the authority to hold licensed psychologists accountable through the mutual recognition of Compact State licenses. ARTICLE II DEFINITIONS A. \"Adverse Action\" means: a ny action taken by a State Psychology Regulatory Authority which 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 Provi ncial Psychology Boards (ASPPB)\" 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.\nC. \"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.\nD. \"Bylaws\" means: those Bylaws established by the Ps ychology Interjurisdictional Compact Commission pursuant to Article X 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 deliv ered in the context of healthcare, corporate, supervision, and/or consulting services. F. \"Commissioner\" means: the voting representative appointed by each State Psychology Regulatory Authority pursuant to Article X. G. \"Compact State\" means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section C or been terminated pursuant to Article XII, Section B. H. \"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, which is administered by the recognized me mbership organization composed of State and Provincial Psychology Regulatory Authorities.\nI. \"Confidentiality\" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes. 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.\nL. \"E.Passport\" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for li censed psychologists to provide telepsychological services across state lines.\nM. \"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 Co mpact 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 Stat e 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, the Home State is any Compact State where the psychologist is licensed. O. \"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 em ployment, 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 which does not include interactions that may occur through the use of telecommunication technologies. Q. \"Interjurisdictional Practice Certificate (IPC)\" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Ps ychology 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 which is not at the time a Compact State. T.  \"Psychologist\" means: an individual licensed for the independent practice of psychology. U. \"Psychology Interjurisdi ctional Compact Commission\" also referred to as\n\"Commission\" means: the national administration of which all Compact States are\nmembers.\nV. \"Receiving State\" means: a Compact State where the client/patient is physically\nlocated when the telepsychological services are delivered.\nW. \"Rule\" means: a written statement by the Psychology Interjurisdictional Compact\nCommission promulgated pursuant to Article XI of the Compact that is of general\napplicability, implements, interprets, or prescribes a policy or provi sion of the\nCompact, or an organizational, procedural, or practice requirement of the\nCommission and has the force and effect of statutory law in a Compact State, and\nincludes the amendment, repeal or suspension of an existing rule.\nX. \"Significant Investigatory Information\" means:\n1. Investigative information that a State Psychology Regulatory Authority, after a\npreliminary inquiry that includes notification and an opportunity to respond if\nrequired by state law, has reason to believe, if proven true, would indicate\nmore than a violation of state statute or ethics code that would be considered\nmore substantial than minor infraction; or\n2. Investigative information that indicates that the psychologist represents an\nimmediate threat to pub lic health and safety regardless of whether the\npsychologist has been notified and/or had an opportunity to respond.\nY. \"State\" means: a state, commonwealth, territory, or possession of the United States,\nand the District of Columbia.\nZ. \"State Psychology Regulatory Authority\" means: the Board, office or other agency\nwith the legislative mandate to license and regulate the practice of psychology.\nAA. \"Telepsychology\" means: the provision of psychological services using\ntelecommunication technologies.\nBB. \"Temporary Authorization to Practice\" means: a licensed psychologist’s authority to\nconduct temporary in -person, face -to-face practice, within the limits authorized\nunder this Compact, in another Compact State.\nCC. \"Temporary In -Person, Face -to-Face Practice \" means: where a psychologist is\nphysically present (not through the use of telecommunications technologies), in the\nDistant State to provide for the practice of psychology for thirty (30) days within a\ncalendar year and based on notification to the Distant State.\nARTICLE III\nHOME STATE LICENSURE\nA. The Home State shall be a Compact State where a psychologist is licensed to\npractice psychology.\nB. A psychologist may hold one or more Compact State licenses at a time. If the\npsychologist is licens ed in more than one Compact State, the Home State is the\nCompact State where the psychologist is physically present when the services are\ndelivered as authorized by the Authority to Practice Interjurisdictional\nTelepsychology under the terms of this Compact.\nC. Any Compact State may require a psychologist not previously licensed in a\nCompact State to obtain and retain a license to be authorized to practice in the\nCompact State under circumstances not authorized by the Authority to Practice\nInterjurisdictional Telepsychology under the terms of this Compact.\nD. Any Compact State may require a psychologist to obtain and retain a license to be\nauthorized to practice in a Compact State under circumstances not authorized by\nTemporary Authorization to Practice under the terms of this Compact.\nE. A Home State’s license authorizes a psychologist to practice in a Receiving State\nunder the Authority to Practice Interjurisdictional Telepsychology only if the\nCompact State:\n1. Currently requires the psychologist to hold an active E.Passport;\n2. Has a mechanism in place for receiving and investigating complaints about\nlicensed individuals;\n3. Notifies the Commission, in compliance with the terms herein, of any adverse\naction or significant investigatory information regarding a licensed individual;\n4. Requires an Identity History Summary of all applicants at initial licensure,\nincluding the use of the results of fingerprints or other biometric data checks\ncompliant with the requirements of the Federal Bureau of Investigation , or\nother designee with similar authority, no later than ten (10) years after\nactivation of the Compact; and\n5. Complies with the Bylaws and Rules of the Commission.\nF. A Home State’s license grants Temporary Authorization to Practice to a\npsychologist in a Distant State only if the Compact State:\n1. Currently requires the psychologist to hold an active IPC;\n2. Has a mechanism in place for receiving and investigating complaints about\nlicensed individuals;\n3. Notifies the Commission, in compliance with the terms herein, of any adverse\naction or significant investigatory information regarding a licensed individual;\n4. Requires an Identity History Summary of all applicants at initial licensure,\nincluding the use of the results of fingerprints or other biometri c data checks\ncompliant with the requirements of the Federal Bureau of Investigation, or\nother designee with similar authority, no later than ten (10) years after\nactivation of the Compact; and\n5. Complies with the Bylaws and Rules of the Commission.\nARTICLE IV\nCOMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY\nA. Compact States shall recognize the right of a psychologist, licensed in a Compact\nState in conformance with Article III, to practice telepsychology in other Compact\nStates (Receiving States) in which the psychologist is not licensed, under the\nAuthority to  Practice Interjurisdictional Telepsychology as provided in the\nCompact.\nB. To exercise the Authority to Practice Interjurisdictional Telepsychology under the\nterms and provisions of this Compact, a psychologist licensed to practice in a\nCompact State must:\n1. Hold a graduate degree in psychology from an institute of higher education\nthat was, at the time the degree was awarded:\na. Regionally accredited by an accrediting body recognized by the United\nStates Department of Education to grant graduate degrees,  OR\nauthorized by Provincial Statute or Royal Charter to grant doctoral\ndegrees; OR\nb. A foreign college or university deemed to be equivalent to 1.a. above by\na foreign credential evaluation service that is a member of the National\nAssociation of Credenti al Evaluation Services (NACES) or by a\nrecognized foreign credential evaluation service; AND\n2. Hold a graduate degree in psychology that meets the following criteria:\na. The program, wherever it may be administratively housed, must be\nclearly identified and labeled as a psychology program. Such a program\nmust specify in pertinent institutional catalogues and brochures its intent\nto educate and train professional psychologists;\nb. The psychology program must stand as a recognizable, coherent,\norganizational entity within the institution;\nc. There must be a clear authority and primary responsibility for the core\nand specialty areas whether or not the program cuts across\nadministrative lines;\nd. The program must consist of an integrated, organized sequence of study;\ne. There must be an identifiable psychology faculty sufficient in size and\nbreadth to carry out its responsibilities;\nf. The designated director of the program must be a psychologist and a\nmember of the core faculty;\ng. The program must have an iden tifiable body of students who are\nmatriculated in that program for a degree;\nh. The program must include supervised practicum, internship, or field\ntraining appropriate to the practice of psychology;\ni. The curriculum shall encompass a minimum of three (3)  academic years\nof full -time graduate study for doctoral degree and a minimum of one\n(1) academic year of full-time graduate study for master’s degree; and\nj. The program includes an acceptable residency as defined by the Rules of\nthe Commission;\n3. Possess a current, full and unrestricted license to practice psychology in a\nHome State which is a Compact State;\n4. Have no history of adverse action that violates the Rules of the Commission;\n5. Have no criminal record history reported on an Identity History S ummary that\nviolates the Rules of the Commission;\n6. Possess a current, active E.Passport;\n7. Provide attestations in regard to areas of intended practice, conformity with\nstandards of practice, competence in telepsychology technology; criminal\nbackground; and knowledge and adherence to legal requirements in the home\nand receiving states, and provide a release of information to allow for primary\nsource verification in a manner specified by the Commission; and\n8. Meet other criteria as defined by the Rules of the Commission.\nC. The Home State maintains authority over the license of any psychologist practicing\ninto a Receiving State under the Authority to Practice Interjurisdictional\nTelepsychology.\nD. A psychologist practicing into a Receiving State under the  Authority to Practice\nInterjurisdictional Telepsychology will be subject to the Receiving State’s scope of\npractice. A Receiving State may, in accordance with that state’s due process law,\nlimit or revoke a psychologist’s Authority to Practice Interjurisdictional\nTelepsychology in the Receiving State and may take any other necessary actions\nunder the Receiving State’s applicable law to protect the health and safety of the\nReceiving State’s citizens. If a Receiving State takes action, the state shall promptly\nnotify the Home State and the Commission.\nE. If a psychologist’s license in any Home State, another Compact State, or any\nAuthority to Practice Interjurisdictional Telepsychology in any Receiving State, is\nrestricted, suspended or otherwise limited, the  E.Passport shall be revoked and\ntherefore the psychologist shall not be eligible to practice telepsychology in a\nCompact State under the Authority to Practice Interjurisdictional Telepsychology.\nARTICLE V\nCOMPACT TEMPORARY AUTHORIZATION TO PRACTICE\nA. Compact States shall also recognize the right of a psyc hologist, licensed in a\nCompact State in conformance with Article III, to practice temporarily in other\nCompact States (Distant States) in which the psychologist is not licensed, as\nprovided in the Compact.\nB. To exercise the Temporary Authorization to Practice under the terms and provisions\nof this Compact, a psychologist licensed to practice in a Compact State must:\n1. Hold a graduate degree in psychology from an institute of higher education\nthat was, at the time the degree was awarded:\na. Regionally accredited by an accrediting body recognized by the United\nStates Department of Education to grant graduate degrees, OR\nauthorized by Provincial Statute or Royal Charter to grant doctoral\ndegrees; OR\nb. A foreign college or university deemed to be equivalent to 1.a. above by\na foreign credential evaluation service that is a member of the National\nAssociation of Credential Evaluation Services (NACES) or by a\nrecognized foreign credential evaluation service; AND\n2. Hold a graduate degree in psychology that meets the following criteria:\na. The program, wherever it may be administratively housed, must be\nclearly identified and labeled as a psychology program. Such a program\nmust specify in pertinent institutional catalogues and brochures its intent\nto educate and train professional psychologists;\nb. The psychology program must stand as a recognizable, coherent,\norganizational entity within the institution;\nc. There must be a clear authority and primary responsibility for the core\nand specialty areas whether or not t he program cuts across\nadministrative lines;\nd. The program must consist of an integrated, organized sequence of study;\ne. There must be an identifiable psychology faculty sufficient in size and\nbreadth to carry out its responsibilities;\nf. The designated director of the program must be a psychologist and a\nmember of the core faculty;\ng. The program must have an identifiable body of students who are\nmatriculated in that program for a degree;\nh. The program must include supervised practicum, internship, or f ield\ntraining appropriate to the practice of psychology;\ni. The curriculum shall encompass a minimum of three (3) academic years\nof full-time graduate study for doctoral degrees and a minimum of one\n(1) academic year of full-time graduate study for master’s degree;\nj. The program includes an acceptable residency as defined by the Rules of\nthe Commission;\n3. Possess a current, full and unrestricted license to practice psychology in a\nHome State which is a Compact State;\n4. Have no history of adverse action that violate the Rules of the Commission;\n5. Have no criminal record history that violates the Rules of the Commission;\n6. Possess a current, active IPC;\n7. Provide attestations in regard to areas of intended practice and work\nexperience and provide a relea se of information to allow for primary source\nverification in a manner specified by the Commission; and\n8. Meet other criteria as defined by the Rules of the Commission.\nC. A psychologist practicing into a Distant State under the Temporary Authorization to\nPractice shall practice within the scope of practice authorized by the Distant State.\nD. A psychologist practicing into a Distant State under the Temporary Authorization to\nPractice will be subject to the Distant State’s authority and law. A Distant State\nmay, in accordance with that state’s due process law, limit or revoke a\npsychologist’s Temporary Authorization to Practice in the Distant State and may\ntake any other necessary actions under the Distant State’s applicable law to protect\nthe health and safety of the Distant State’s citizens. If a Distant State takes action,\nthe state shall promptly notify the Home State and the Commission.\nE. If a psychologist’s license in any Home State, another Compact State, or any\nTemporary Authorization to Practice in any Distant State, is restricted, suspended or\notherwise limited, the IPC shall be revoked and therefore the psychologist shall not\nbe eligible to practice in a Compact State under the Temporary Authorization to\nPractice.\nARTICLE VI\nCONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE\nA. A psychologist may practice in a Receiving State under the Authority to Practice\nInterjurisdictional Telepsychology only in the performance of the scope of practice\nfor psychology as assigned by an appropriate State Psychology Regulatory\nAuthority, as defi ned in the Rules of the Commission, and under the following\ncircumstances:\n1. The psychologist initiates a client/patient contact in a Home State via\ntelecommunications technologies with a client/patient in a Receiving State;\n2. Other conditions regarding telepsychology as determined by Rules\npromulgated by the Commission.\nARTICLE VII\nADVERSE ACTIONS\nA. A Home State shall have the power to impose adverse action against a\npsychologist’s license issued by the Home State. A Distant State shall have the\npower to take adverse action on a psychologist’s Temporary Authorization to\nPractice within that Distant State.\nB. A Receiving State may take adverse action on a psychologist’s Authority to Practice\nInterjurisdictional Telepsychology within that Rece iving State. A Home State may\ntake adverse action against a psychologist based on an adverse action taken by a\nDistant State regarding temporary in-person, face-to-face practice.\nC. If a Home State takes adverse action against a psychologist’s license, that\npsychologist’s Authority to Practice Interjurisdictional Telepsychology is\nterminated and the E.Passport is revoked. Furthermore, that psychologist’s\nTemporary Authorization to Practice is terminated and the IPC is revoked.\n1. All Home State disciplinary  orders which impose adverse action shall be\nreported to the Commission in accordance with the Rules promulgated by the\nCommission. A Compact State shall report adverse actions in accordance with\nthe Rules of the Commission.\n2. In the event discipline is r eported on a psychologist, the psychologist will not\nbe eligible for telepsychology or temporary in -person, face-to-face practice in\naccordance with the Rules of the Commission.\n3. Other actions may be imposed as determined by the Rules promulgated by the\nCommission.\nD. A Home State’s Psychology Regulatory Authority shall investigate and take\nappropriate action with respect to reported inappropriate conduct engaged in by a\nlicensee which occurred in a Receiving State as it would if such conduct had\noccurred by a licensee within the Home State. In such cases, the Home State’s law\nshall control in determining any adverse action against a psychologist’s license.\nE. A Distant State’s Psychology Regulatory Authority shall investigate and take\nappropriate action with respect to reported inappropriate conduct engaged in by a\npsychologist practicing under Temporary Authorization Practice which occurred in\nthat Distant State as it would if such conduct had occurred by a licensee within the\nHome State. In such cases, Distant State’s law shall control in determining any\nadverse action against a psychologist’s Temporary Authorization to Practice.\nF. Nothing in this Compact shall override a Compact State’s decision that a\npsychologist’s participation in an alternative program may be used in lieu of adverse\naction and that such participation shall remain non -public if required by the\nCompact State’s law. Compact States must require psychologists who enter any\nalternative programs to not provide telepsychology services unde r the Authority to\nPractice Interjurisdictional Telepsychology or provide temporary psychological\nservices under the Temporary Authorization to Practice in any other Compact State\nduring the term of the alternative program.\nG. No other judicial or administ rative remedies shall be available to a psychologist in\nthe event a Compact State imposes an adverse action pursuant to subsection C,\nabove.\nARTICLE VIII\nADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S\nPSYCHOLOGY REGULATORY AUTHORITY\nA. In addition to any other powers granted under state law, a Compact State’s\nPsychology Regulatory Authority shall have the authority under this Compact to:\n1. Issue subpoenas, for both hearings and investigations, which require the\nattendance and testimony of  witnesses and the production of evidence.\nSubpoenas issued by a Compact  State’s Psychology Regulatory Authority for\nthe attendance and testimony of witnesses, and/or the production of evidence\nfrom another Compact State shall be enforced in the latter st ate by any court\nof competent jurisdiction, according to that court’s practice and procedure in\nconsidering subpoenas issued in its own proceedings.The issuing State\nPsychology Regulatory Authority shall pay any witness fees, travel expenses,\nmileage and o ther fees required by the service statutes of the state where the\nwitnesses and/or evidence are located; and\n2. Issue cease and desist and/or injunctive relief orders to revoke a\npsychologist’s Authority to Practice Interjurisdictional Telepsychology and/or\nTemporary Authorization to Practice.\n3. During the course of any investigation, a psychologist may not change his/her\nHome State licensure. A Home State Psychology Regulatory Authority is\nauthorized to complete any pending investigations of a psychologi st and to\ntake any actions appropriate under its law. The Home State Psychology\nRegulatory Authority shall promptly report the conclusions of such\ninvestigations to the Commission. Once an investigation has been completed,\nand pending the outcome of said i nvestigation, the psychologist may change\nhis/her Home State licensure. The Commission shall promptly notify the new\nHome State of any such decisions as provided in the Rules of the\nCommission. All information provided to the Commission or distributed by\nCompact States pursuant to the psychologist shall be confidential, filed under\nseal and used for investigatory or disciplinary matters. The Commission may\ncreate additional rules for mandated or discretionary sharing of information by\nCompact States.\nARTICLE IX\nCOORDINATED LICENSURE INFORMATION SYSTEM\nA. The Commission shall provide for the development and maintenance of a\nCoordinated Licensure Information System (Coordinated Database) and reporting\nsystem containing licensure and disciplinary action information on all psychologists\nindividuals to whom this Compact is applicable in all Compact States as defined by\nthe Rules of the Commission.\nB. Notwithstanding any other provision of state law to the contrary, a Compact State\nshall submit a uniform data set to the Coordinated Database on all licensees as\nrequired by the Rules of the Commission, including:\n1. Identifying information;\n2. Licensure data;\n3. Significant investigatory information;\n4. Adverse actions against a psychologist’s license;\n5. An indicator that a psychologist’s Authority to Practice Interjurisdictional\nTelepsychology and/or Temporary Authorization to Practice is revoked;\n6. Non-confidential information related to alternative program participation\ninformation;\n7. Any denial of application for licensure, and the reasons for such denial; and\n8. Other information which may facilitate the administration of this Compact, as\ndetermined by the Rules of the Commission.\nC. The Coordinated Database administrator shall promptly notify all Compact States of\nany adverse action taken against, or significant investigative information on, any\nlicensee in a Compact State.\nD. Compact States reporting information to the Coordinated Database may designate\ninformation that may not be shared with the pu blic without the express permission\nof the Compact State reporting the information.\nE. Any information submitted to the Coordinated Database that is subsequently\nrequired to be expunged by the law of the Compact State reporting the information\nshall be removed from the Coordinated Database.\nARTICLE X\nESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT\nCOMMISSION\nA. The Compact States hereby create and establish a joint public agency known as the\nPsychology Interjurisdictional Compact Commission.\n1. The Commission is a body politic and an instrumentality of the Compact\nStates.\n2. Venue is proper and judicial proceedings by or against the Commission shall\nbe brought solely and exclusively in a court of competent jurisdiction where\nthe prin cipal office of the Commission is located. The Commission may\nwaive venue and jurisdictional defenses to the extent it adopts or consents to\nparticipate in alternative dispute resolution proceedings.\n3. Nothing in this Compact shall be construed to be a wa iver of sovereign\nimmunity.\nB. Membership, Voting, and Meetings\n1. The Commission shall consist of one voting representative appointed by each\nCompact State who shall serve as that state’s Commissioner. The State\nPsychology Regulatory Authority shall appoi nt its delegate. This delegate\nshall be empowered to act on behalf of the Compact State. This delegate shall\nbe limited to:\na. Executive Director, Executive Secretary or similar executive;\nb. Current member of the State Psychology Regulatory Authority of a\nCompact State; OR\nc. Designee empowered with the appropriate delegate authority to act on\nbehalf of the Compact State.\n2. Any Commissioner may be removed or suspended from office as provided by\nthe law of the state from which the Commissioner is appointed . Any vacancy\noccurring in the Commission shall be filled in accordance with the laws of the\nCompact State in which the vacancy exists.\n3. Each Commissioner shall be entitled to one (1) vote with regard to the\npromulgation of Rules and creation of Bylaws a nd shall otherwise have an\nopportunity to participate in the business and affairs of the Commission. A\nCommissioner shall vote in person or by such other means as provided in the\nBylaws. The Bylaws may provide for Commissioners’ participation in\nmeetings by telephone or other means of communication.\n4. The Commission shall meet at least once during each calendar year.\nAdditional meetings shall be held as set forth in the Bylaws.\n5. All meetings shall be open to the public, and public notice of meetings shal l\nbe given in the same manner as required under the rulemaking provisions in\nArticle XI.\n6. The Commission may convene in a closed, non -public meeting if the\nCommission must discuss:\na. Non-compliance of a Compact State with its obligations under the\nCompact;\nb. The employment, compensation, discipline or other personnel matters,\npractices or procedures related to specific employees or other matters\nrelated to the Commission’s internal personnel practices and procedures;\nc. Current, threatened, or reasonabl y anticipated litigation against the\nCommission;\nd. Negotiation of contracts for the purchase or sale of goods, services or\nreal estate;\ne. Accusation against any person of a crime or formally censuring any\nperson;\nf. Disclosure of trade secrets or commercial or financial information which\nis privileged or confidential;\ng. Disclosure of information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\nh. Disclosure of investigatory records comp iled for law enforcement\npurposes;\ni. Disclosure of information related to any investigatory reports prepared\nby or on behalf of or for use of the Commission or other committee\ncharged with responsibility for investigation or determination of\ncompliance issues pursuant to the Compact; or\nj. Matters specifically exempted from disclosure by federal and state\nstatute.\n7. If a meeting, or portion of a meeting, is closed pursuant to this provision, the\nCommission’s legal counsel or designee shall certify that the meeting may be\nclosed and shall reference each relevant exempting provision. The\nCommission shall keep minutes which fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of\nactions taken, of any pers on participating in the meeting, and the reasons\ntherefor, including a description of the views expressed. All documents\nconsidered in connection with an action shall be identified in such minutes.\nAll minutes and documents of a closed meeting shall remain  under seal,\nsubject to release only by a majority vote of the Commission or order of a\ncourt of competent jurisdiction.\nC. The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws\nand/or Rules to govern its conduct as may be necessa ry or appropriate to carry out\nthe purposes and exercise the powers of the Compact, including but not limited to:\n1. Establishing the fiscal year of the Commission;\n2. Providing reasonable standards and procedures:\na. For the establishment and meetings of other committees; and\nb. Governing any general or specific delegation of any authority or function\nof the Commission;\n3. Providing reasonable procedures for calling and conducting meetings of the\nCommission, ensuring reasonable advance notice of all meetin gs and\nproviding an opportunity for attendance of such meetings by interested parties,\nwith enumerated exceptions designed to protect the public’s interest, the\nprivacy of individuals of such proceedings, and proprietary information,\nincluding trade secret s. The Commission may meet in closed session only\nafter a majority of the Commissioners vote to close a meeting to the public in\nwhole or in part. As soon as practicable, the Commission must make public a\ncopy of the vote to close the meeting revealing the vote of each Commissioner\nwith no proxy votes allowed;\n4. Establishing the titles, duties and authority and reasonable procedures for the\nelection of the officers of the Commission;\n5. Providing reasonable standards and procedures for the establishment of  the\npersonnel policies and programs of the Commission. Notwithstanding any\ncivil service or other similar law of any Compact State, the Bylaws shall\nexclusively govern the personnel policies and programs of the Commission;\n6. Promulgating a Code of Ethics to address permissible and prohibited activities\nof Commission members and employees;\n7. Providing a mechanism for concluding the operations of the Commission and\nthe equitable disposition of any surplus funds that may exist after the\ntermination of the C ompact after the payment and/or reserving of all of its\ndebts and obligations;\n8. The Commission shall publish its Bylaws in a convenient form and file a copy\nthereof and a copy of any amendment thereto, with the appropriate agency or\nofficer in each of the Compact States;\n9. The Commission shall maintain its financial records in accordance with the\nBylaws; and\n10. The Commission shall meet and take such actions as are consistent with the\nprovisions of this Compact and the Bylaws.\nD. The Commission shall have the following powers:\n1. The authority to promulgate uniform rules to facilitate and coordinate\nimplementation and administration of this Compact. The rule shall have the\nforce and effect of law and shall be binding in all Compact States;\n2. To bring an d prosecute legal proceedings or actions in the name of the\nCommission, provided that the standing of any State Psychology Regulatory\nAuthority or other regulatory body responsible for psychology licensure to sue\nor be sued under applicable law shall not be affected;\n3. To purchase and maintain insurance and bonds;\n4. To borrow, accept or contract for services of personnel, including but not\nlimited to employees of a Compact State;\n5. To hire employees, elect or appoint officers, fix compensation, define du ties,\ngrant such individuals appropriate authority to carry out the purposes of the\nCompact, and to establish the Commission’s personnel policies and programs\nrelating to conflicts of interest, qualifications of personnel, and other related\npersonnel matters;\n6. To accept any and all appropriate donations and grants of money, equipment,\nsupplies, materials and services, and to receive, utilize and dispose of the\nsame; provided that at all times the Commission shall strive to avoid any\nappearance of impropriety and/or conflict of interest;\n7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to\nown, hold, improve or use, any property, real, personal or mixed; provided\nthat at all times the Commission shall strive to avoid any appearance of\nimpropriety;\n8. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise\ndispose of any property real, personal or mixed;\n9. To establish a budget and make expenditures;\n10. To borrow money;\n11. To appoint committees, including advisory comm ittees composed of\nMembers, State regulators, State legislators or their representatives, and\nconsumer representatives, and such other interested persons as may be\ndesignated in this Compact and the Bylaws;\n12. To provide and receive information from, and to cooperate with, law\nenforcement agencies;\n13. To adopt and use an official seal; and\n14. To perform such other functions as may be necessary or appropriate to achieve\nthe purposes of this Compact consistent with the state regulation of\npsychology licens ure, temporary in -person, face -to-face practice and\ntelepsychology practice.\nE. The Executive Board\nThe elected officers shall serve as the Executive Board, which shall have the power\nto act on behalf of the Commission according to the terms of this Compact.\n1. The Executive Board shall be composed of six (6) members:\na. Five (5) voting members who are elected from the current membership\nof the Commission by the Commission;\nb. One ex officio, nonvoting member from the recognized membership\norganization com posed of State and Provincial Psychology Regulatory\nAuthorities.\n2. The ex officio member must have served as staff or member on a State\nPsychology Regulatory Authority and will be selected by its respective\norganization.\n3. The Commission may remove any m ember of the Executive Board as\nprovided in Bylaws.\n4. The Executive Board shall meet at least annually.\n5. The Executive Board shall have the following duties and responsibilities:\na. Recommend to the entire Commission changes to the Rules or Bylaws,\nchanges to this Compact legislation, fees paid by Compact States such as\nannual dues, and any other applicable fees;\nb. Ensure Compact administration services are appropriately provided,\ncontractual or otherwise;\nc. Prepare and recommend the budget;\nd. Maintain financial records on behalf of the Commission;\ne. Monitor Compact compliance of member states and provide compliance\nreports to the Commission;\nf. Establish additional committees as necessary; and\ng. Other duties as provided in Rules or Bylaws.\nF. Financing of the Commission\n1. The Commission shall pay, or provide for the payment of the reasonable\nexpenses of its establishment, organization and ongoing activities.\n2. The Commission may accept any and all appropriate revenue sources,\ndonations and grants of money, equipment, supplies, materials and services.\n3. The Commission may levy on and collect an annual assessment from each\nCompact State or impose fees on other pa rties to cover the cost of the\noperations and activities of the Commission and its staff which must be in a\ntotal amount sufficient to cover its annual budget as approved each year for\nwhich revenue is not provided by other sources. The aggregate annual\nassessment amount shall be allocated based upon a formula to be determined\nby the Commission which shall promulgate a rule binding upon all Compact\nStates.\n4. The Commission shall not incur obligations of any kind prior to securing the\nfunds adequate to meet  the same; nor shall the Commission pledge the credit\nof any of the Compact States, except by and with the authority of the Compact\nState.\n5. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of t he Commission shall be\nsubject to the audit and accounting procedures established under its Bylaws.\nHowever, all receipts and disbursements of funds handled by the Commission\nshall be audited yearly by a certified or licensed public accountant and the\nreport of the audit shall be included in and become part of the annual report of\nthe Commission.\nG. Qualified Immunity, Defense, and Indemnification\n1. The members, officers, Executive Director, employees and representatives of\nthe Commission shall be immune f rom suit and liability, either personally or\nin their official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual or\nalleged act, error or omission that occurred, or that the person against whom\nthe claim is made had a reasonable basis for believing occurred within the\nscope of Commission employment, duties or responsibilities; provided that\nnothing in this paragraph shall be construed to protect any such person from\nsuit and/or liability for any damage, loss, injury or liability caused by the\nintentional or willful or wanton misconduct of that person.\n2. The Commission shall defend any member, officer, Executive Director,\nemployee or representative of the Commission in  any civil action seeking to\nimpose liability arising out of any actual or alleged act, error or omission that\noccurred within the scope of Commission employment, duties or\nresponsibilities, or that the person against whom the claim is made had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties or responsibilities; provided that nothing herein shall be\nconstrued to prohibit that person from retaining his or her own counsel; and\nprovided further, that the actual or al leged act, error or omission did not result\nfrom that person’s intentional or willful or wanton misconduct.\n3. The Commission shall indemnify and hold harmless any member, officer,\nExecutive Director, employee or representative of the Commission for the\namount of any settlement or judgment obtained against that person arising out\nof any actual or alleged act, error or omission that occurred within the scope\nof Commission employment, duties or responsibilities, or that such person had\na reasonable basis for believing occurred within the scope of Commission\nemployment, duties or responsibilities, provided that the actual or alleged act,\nerror or omission did not result from the intentional or willful or wanton\nmisconduct of that person.\nARTICLE XI\nRULEMAKING\nA. The Commission shall exercise its rulemaking powers pursuant to the criteria set\nforth in this Article and the Rules adopted thereunder. Rules and amendments shall\nbecome binding as of the date specified in each rule or amendment.\nB. If a majority of the legislatures of the Compact States rejects a rule, by enactment of\na statute or resolution in the same manner used to adopt the Compact, then such rule\nshall have no further force and effect in any Compact State.\nC. Rules or amendments to the rules shall be adopted at a regular or special meeting of\nthe Commission.\nD. Prior to promulgation and adoption of a final rule or Rules by the Commission, and\nat least sixty (60) days in advance of the meeting at which the rule will be\nconsidered and vo ted upon, the Commission shall file a Notice of Proposed\nRulemaking:\n1. On the website of the Commission; and\n2. On the website of each Compact States’ Psychology Regulatory Authority or\nthe publication in which each state would otherwise publish proposed rules.\nE. The Notice of Proposed Rulemaking shall include:\n1. The proposed time, date, and location of the meeting in which the rule will be\nconsidered and voted upon;\n2. The text of the proposed rule or amendment and the reason for the proposed\nrule;\n3. A request for comments on the proposed rule from any interested person; and\n4. The manner in which interested persons may submit notice to the Commission\nof their intention to attend the public hearing and any written comments.\nF. Prior to adoption of a pro posed rule, the Commission shall allow persons to submit\nwritten data, facts, opinions and arguments, which shall be made available to the\npublic.\nG. The Commission shall grant an opportunity for a public hearing before it adopts a\nrule or amendment if a hearing is requested by:\n1. At least twenty -five (25) persons who submit comments independently of\neach other;\n2. A governmental subdivision or agency; or\n3. A duly appointed person in an association that has at least twenty -five (25)\nmembers.\nH. If a heari ng is held on the proposed rule or amendment, the Commission shall\npublish the place, time, and date of the scheduled public hearing.\n1. All persons wishing to be heard at the hearing shall notify the Executive\nDirector of the Commission or other designate d member in writing of their\ndesire to appear and testify at the hearing not less than five (5) business days\nbefore the scheduled date of the hearing.\n2. Hearings shall be conducted in a manner providing each person who wishes to\ncomment a fair and reasonable opportunity to comment orally or in writing.\n3. No transcript of the hearing is required, unless a written request for a\ntranscript is made, in which case the person requesting the transcript shall bear\nthe cost of producing the transcript. A recording may be made in lieu of a\ntranscript under the same terms and conditions as a transcript. This subsection\nshall not preclude the Commission from making a transcript or recording of\nthe hearing if it so chooses.\n4. Nothing in this section shall be construed as requiring a separate hearing on\neach rule. Rules may be grouped for the convenience of the Commission at\nhearings required by this section.\nI. Following the scheduled hearing date, or by the close of business on the scheduled\nhearing date if the hearing was not held, the Commission shall consider all written\nand oral comments received.\nJ. The Commission shall, by majority vote of all members, take final  action on the\nproposed rule and shall determine the effective date of the rule, if any, based on the\nrulemaking record and the full text of the rule.\nK. If no written notice of intent to attend the public hearing by interested parties is\nreceived, the Com mission may proceed with promulgation of the proposed rule\nwithout a public hearing.\nL. Upon determination that an emergency exists, the Commission may consider and\nadopt an emergency rule without prior notice, opportunity for comment, or hearing,\nprovided that the usual rulemaking procedures provided in the Compact and in this\nsection shall be retroactively applied to the rule as soon as reasonably possible, in\nno event later than ninety (90) days after the effective date of the rule. For the\npurposes of t his provision, an emergency rule is one that must be adopted\nimmediately in order to:\n1. Meet an imminent threat to public health, safety, or welfare;\n2. Prevent a loss of Commission or Compact State funds;\n3. Meet a deadline for the promulgation of an adm inistrative rule that is\nestablished by federal law or rule; or\n4. Protect public health and safety.\nM. The Commission or an authorized committee of the Commission may direct\nrevisions to a previously adopted rule or amendment for purposes of correcting\ntypographical errors, errors in format, errors in consistency, or grammatical errors.\nPublic notice of any revisions shall be posted on the website of the Commission.\nThe revision shall be subject to challenge by any person for a period of thirty (30)\ndays after posting. The revision may be challenged only on grounds that the revision\nresults in a material change to a rule. A challenge shall be made in writing, and\ndelivered to the Chair of the Commission prior to the end of the notice period. If no\nchallenge is made, the revision will take effect without further action. If the revision\nis challenged, the revision may not take effect without the approval of the\nCommission.\nARTICLE XII\nOVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT\nA. Oversight\n1. The Executive, Legislative and Judicial branches of state government in each\nCompact State shall enforce this Compact and take all actions necessary and\nappropriate to effectuate the Compact’s purposes and intent. The provisions of\nthis Compact and the rules pr omulgated hereunder shall have standing as\nstatutory law.\n2. All courts shall take judicial notice of the Compact and the rules in any\njudicial or administrative proceeding in a Compact State pertaining to the\nsubject matter of this Compact which may affec t the powers, responsibilities\nor actions of the Commission.\n3. The Commission shall be entitled to receive service of process in any such\nproceeding, and shall have standing to intervene in such a proceeding for all\npurposes. Failure to provide service of process to the Commission shall render\na judgment or order void as to the Commission, this Compact or promulgated\nrules.\nB. Default, Technical Assistance, and Termination\n1. If the Commission determines that a Compact State has defaulted in the\nperformance of its obligations or responsibilities under this Compact or the\npromulgated rules, the Commission shall:\na. Provide written notice to the defaulting state and other Compact States\nof the nature of the default, the proposed means of remedying the default\nand/or any other action to be taken by the Commission; and\nb. Provide remedial training and specific technical assistance regarding the\ndefault.\n2. If a state in default fails to remedy the default, the defaulting state may be\nterminated from the Compact upon an affirmative vote of a majority of the\nCompact States, and all rights, privileges and benefits conferred by this\nCompact shall be terminated on the effective date of termination. A remedy of\nthe default does not relieve the offending state of obliga tions or liabilities\nincurred during the period of default.\n3. Termination of membership in the Compact shall be imposed only after all\nother means of securing compliance have been exhausted. Notice of intent to\nsuspend or terminate shall be submitted by t he Commission to the Governor,\nthe majority and minority leaders of the defaulting state's legislature, and each\nof the Compact States.\n4. A Compact State which has been terminated is responsible for all\nassessments, obligations and liabilities incurred th rough the effective date of\ntermination, including obligations which extend beyond the effective date of\ntermination.\n5. The Commission shall not bear any costs incurred by the state which is found\nto be in default or which has been terminated from the Compact, unless agreed\nupon in writing between the Commission and the defaulting state.\n6. The defaulting state may appeal the action of the Commission by petitioning\nthe United States District Court for the state of Georgia or the federal district\nwhere the Compact has its principal offices. The prevailing member shall be\nawarded all costs of such litigation, including reasonable attorney’s fees.\nC. Dispute Resolution\n1. Upon request by a Compact State, the Commission shall attempt to resolve\ndisputes related to the Compact which arise among Compact States and\nbetween Compact and Non-Compact States.\n2. The Commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes that arise before the commission.\nD. Enforcement\n1. The Commission, in the reasonable exercise of its discretion, shall enforce the\nprovisions and Rules of this Compact.\n2. By majority vote, the Commission may initi ate legal action in the United\nStates District Court for the State of Georgia or the federal district where the\nCompact has its principal offices against a Compact State in default to enforce\ncompliance with the provisions of the Compact and its promulgated Rules and\nBylaws. The relief sought may include both injunctive relief and damages. In\nthe event judicial enforcement is necessary, the prevailing member shall be\nawarded all costs of such litigation, including reasonable attorney’s fees.\n3. The remedies herein shall not be the exclusive remedies of the Commission.\nThe Commission may pursue any other remedies available under federal or\nstate law.\nARTICLE XIII\nDATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL\nCOMPACT COMMISSION AND ASSOCI ATED RULES, WITHDRAWAL, AND\nAMENDMENTS\nA. The Compact shall come into effect on the date on which the Compact is enacted\ninto law in the seventh Compact State. The provisions which become effective at\nthat time shall be limited to the powers granted to the  Commission relating to\nassembly and the promulgation of rules. Thereafter, the Commission shall meet and\nexercise rulemaking powers necessary to the implementation and administration of\nthe Compact.\nB. Any state which joins the Compact subsequent to the Commission’s initial adoption\nof the rules shall be subject to the rules as they exist on the date on which the\nCompact becomes law in that state. Any rule which has been previously adopted by\nthe Commission shall have the full force and effect of law on th e day the Compact\nbecomes law in that state.\nC. Any Compact State may withdraw from this Compact by enacting a statute\nrepealing the same.\n1. A Compact State’s withdrawal shall not take effect until six (6) months after\nenactment of the repealing statute.\n2. Withdrawal shall not affect the continuing requirement of the withdrawing\nState’s Psychology Regulatory Authority to comply with the investigative and\nadverse action reporting requirements of this act prior to the effective date of\nwithdrawal.\nD. Nothing contained in this Compact shall be construed to invalidate or prevent any\npsychology licensure agreement or other cooperative arrangement between a\nCompact State and a Non -Compact State which does not conflict with the\nprovisions of this Compact.\nE. This Compact may be amended by the Compact States. No amendment to this\nCompact shall become effective and binding upon any Compact State until it is\nenacted into the law of all Compact States.\nARTICLE XIV\nCONSTRUCTION AND SEVERABILITY\nThis Compact shall be liberally construed so as to effectuate the purposes thereof. If this\nCompact shall be held contrary to the constitution of any state member thereto, the\nCompact shall remain in full force and effect as to the remaining Compact States.\nARTICLE XV\nAPPLICABILITY OF KENTUCKY STATE GOVERNMENT\nIn order to clarify the effect of certain provisions of this Compact and to ensure that the\nrights and responsibilities of the various branches of government are maintained, the\nfollowing shall be in effect in this state:\nA. By entering into this Compact, this state authorizes the licensing board as defined in\nArticle II. Z. of this Compact and as created by KRS Chapter 319 to implement the\nprovisions of this Compact.\nB. Notwithstanding any provision of this Compact to the contrary:\n1. When a rule is adopted pursuant to Article XI of this Compact, the licensing\nboard of this state as defined by Article II. Z. of this Compact shall have sixty\n(60) days to review the rule for the purpose of filing the rule as  an emergency\nadministrative regulation pursuant to KRS 13A.190 and for filing the rule as\nan accompanying ordinary administrative regulation, following the\nrequirements of KRS Chapter 13A. Failure by the licensing board of this state\nas defined by Article  II. Z. of this Compact to promulgate a rule adopted by\nthe Psychology Interjurisdictional Compact Commission as an administrative\nregulation pursuant to KRS Chapter 13A shall result in withdrawal as set forth\nin Article XIII of this Compact. Nothing in th ese provisions shall negate the\napplicability of a Commission rule or Article XI of this Compact to this state.\n2. If the proposed administrative regulation is found deficient and the deficiency\nis not resolved pursuant to KRS 13A.330 or 13A.335, the provi sions of\nArticle XII of this Compact shall apply. If the deficiency is resolved in a\nmanner determined by the Commission to be inconsistent with this Compact\nor its rules, or if the procedures under Article XII of this Compact fail to\nresolve an issue, the  withdrawal provisions of Article XIII of this Compact\nshall apply.\n3. If a court of competent jurisdiction determines that the Psychology\nInterjurisdictional Compact Commission created by Article X of this Compact\nexercises its rulemaking authority in a m anner that is beyond the scope of the\npurposes of this Compact, or the powers granted under this Compact, then\nsuch an action by the commission shall be invalid and have no force or effect.\nC. Article X. F. of this Compact pertaining to the financing of the commission shall\nnot be interpreted to obligate the general fund of this state. Any funds used to\nfinance this Compact shall be from money collected pursuant to KRS 319.131.\nD. This Compact shall apply only to those psychologists who practice or work under a\ncompact privilege.","path":["KRS Chapter 319"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50994","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:14Z","sha256":"fe7ceb10a1c895b6ba581e2d39db3e3e35ea5ff6bf97789668b5104f912af316","source_id":"us-ky","stale":false,"prev":"us-ky/krs-319.053","next":"us-ky/krs-319.055"},"notice":"GroundRules: Original legal text. Not legal advice."}