House Bill 81 (AS PASSED HOUSE AND SENATE)
By: Representatives Ballard of the 147th, Erwin of the 32nd, Townsend of the 179th, Persinger
of the 119th, Dubnik of the 29th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 20 of the Official Code of Georgia Annotated, relating to
education compacts, so as to enter into the Interstate Compact for School Psychologists; to
provide for a short title; to provide for definitions; to provide for the provisions of the
compact; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 20 of the Official Code of Georgia Annotated, relating to education
compacts, is amended by adding a new article to read as follows:
<ins>"ARTICLE 3
20-6-25.
This article shall be known and may be cited as the 'Interstate Compact for School
Psychologists.'
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<ins>20-6-26.
As used in this article, the term:
(1) 'License' means, with reference to this state, a school psychology certificate issued
by the Professional Standards Commission.
(2) 'State licensing authority' means, with reference to this state, the Professional
Standards Commission.
20-6-27.
The Interstate Compact for School Psychologists is enacted into law and entered into with
all other jurisdictions legally joining therein in the form substantially as follows:
'INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS
SECTION 1. PURPOSE
The purpose of this compact is to facilitate the interstate practice of school psychology in
educational or school settings, and in so doing to improve the availability of school
psychological services to the public. This compact is intended to establish a pathway to
allow school psychologists to obtain equivalent licenses to provide school psychological
services in any member state. In this way, this compact shall enable the member states to
ensure that safe and effective school psychological services are available and delivered by
appropriately qualified professionals in their educational settings.
To facilitate the objectives described above, this compact:
(1) Enables school psychologists who qualify for receipt of an equivalent license to
practice in other member states without first satisfying burdensome and duplicative
requirements;
(2) Promotes the mobility of school psychologists between and among the member states
in order to address workforce shortages and to ensure that safe and reliable school
psychological services are available in each member state;
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<ins>(3) Enhances the public accessibility of school psychological services by increasing the
availability of qualified, licensed school psychologists through the establishment of an
efficient and streamlined pathway for licensees to practice in other member states;
(4) Preserves and respects the authority of each member state to protect the health and
safety of its residents by ensuring that only qualified, licensed professionals are
authorized to provide school psychological services within that state;
(5) Requires school psychologists practicing within a member state to comply with the
scope of practice laws present in the state where the school psychological services are
being provided;
(6) Promotes cooperation between the member states in regulating the practice of school
psychology within those states; and
(7) Facilitates the relocation of military members and their spouses who are licensed to
provide school psychological services.
SECTION 2. DEFINITIONS
(a) "Active military member" means any person with full-time duty status in the armed
forces of the United States, including members of the National Guard and Reserve.
(b) "Adverse action" means disciplinary action or encumbrance imposed on a license by
a state licensing authority.
(c) "Alternative program" means a nondisciplinary, prosecutorial diversion, monitoring,
or practice remediation process entered into in lieu of an adverse action which is applicable
to a school psychologist and approved by the state licensing authority of a member state
in which the participating school psychologist is licensed. This includes, but is not limited
to, programs to which licensees with substance abuse or addiction issues may be referred
in lieu of an adverse action.
(d) "Commissioner" means the individual appointed by a member state to serve as the
representative to the commission for that member state.
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<ins>(e) "Compact" means this school psychologist interstate licensure compact.
(f) "Continuing professional education" means a requirement, imposed by a member state
as a condition of license renewal to provide evidence of successful participation in
professional educational activities relevant to the provision of school psychological
services.
(g) "Criminal background check" means the submission of fingerprints or other
biometric-information for a license applicant for the purpose of obtaining that applicant's
criminal history record information, as defined in 28 C.F.R. § 20.3(d), and the state's
criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(h) "Doctoral level degree" means a graduate degree program that consists of at least 90
graduate semester hours in the field of school psychology including a supervised
internship.
(i) "Encumbered license" means a license that a state licensing authority has limited in any
way other than through an alternative program, including temporary or provisional licenses.
(j) "Executive committee" means the commission's chair, vice chair, secretary and
treasurer and any other commissioners as may be determined by commission rule or bylaw.
(k) "Equivalent license" means a license to practice school psychology which a member
state has identified as a license which may be provided to school psychologists from other
member states pursuant to this compact.
(l) "Home state" means the member state that issued the home state license to the licensee
and is the licensee's primary state of practice.
(m) "Home state license" means the license that is not an encumbered license issued by
the home state to provide school psychological services.
(n) "License" means a current license, certification, or other authorization granted by a
member state's licensing authority that permits an individual to provide school
psychological services.
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<ins>(o) "Licensee" means an individual who holds a license from a member state to provide
school psychological services.
(p) "Member state" means a state that has enacted the compact and been admitted to the
commission in accordance with the provisions herein and commission rules.
(q) "Model compact" means the model language for the school psychologist interstate
licensure compact on file with the council of state governments or other entity as
designated by the commission.
(r) "Practice of school psychology" means the delivery school psychological services.
(s) "Qualifying national exam" means a national licensing examination endorsed by the
national association of school psychologists and any other exam as approved by the rules
of the commission.
(t) "Qualifying school psychologist education program" means an education program
which awards a specialist-level or doctoral-level degree or equivalent upon completion and
is approved by the rules of the commission as meeting the necessary minimum educational
standards to ensure that its graduates are ready, qualified, and able to engage in the practice
of school psychology.
(u) "Remote state" means a member state other than the home state where a licensee holds
a license through the compact.
(v) "Rule" means a regulation promulgated by an entity, including, but not limited to, the
commission and the state licensing authority of each member state, that has the force of
law.
(w) "School psychological services" means academic, mental and behavioral health
services including assessment, prevention, consultation and collaboration, intervention, and
evaluation provided by a school psychologist in a school, as outlined in applicable
professional standards as determined by commission rule.
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<ins>(x) "School psychologist" means an individual who has met the requirements to obtain a
home state license that legally conveys the professional title of school psychologist, or its
equivalent as determined by the rules of the commission.
(y) "School psychologist interstate licensure compact commission" or "commission" means
the joint government agency established by this compact whose membership consists of
representatives from each member state that has enacted the compact, and as further
described in Section 7.
(z) "Scope of practice" means the procedures, actions, and processes a school psychologist
licensed in a state is permitted to undertake in that state and the circumstances under which
that licensee is permitted to undertake those procedures, actions, and processes. Such
procedures, actions, and processes, and the circumstances under which they may be
undertaken, may be established through means including, but not limited to, statute,
regulations, case law, and other processes available to the state licensing authority or other
government agency.
(aa) "Specialist-level degree" means a degree program that requires at least 60 graduate
semester hours or equivalent in the field of school psychology including a supervised
internship.
(bb) "State" means any state, commonwealth, district, or territory of the United States of
America.
(cc) "State licensing authority" means a member state's regulatory body responsible for
issuing licenses or otherwise overseeing the practice of school psychology.
(dd) "State specific requirement" means a requirement for licensure covered in coursework
or examination that includes content of unique interest to the state.
(ee) "Unencumbered license" means a license that authorizes a licensee to engage in the
full and unrestricted practice of school psychology.
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<ins>SECTION 3. STATE PARTICIPATION IN THE COMPACT
(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state
must:
(1) Enact a compact statute that is not materially different from the model compact as
defined in the commission's rules;
(2) Participate in the sharing of information with other member states as reasonably
necessary to accomplish the objectives of this compact, and as further defined in
Section 8;
(3) Identify and maintain with the commission a list of equivalent licenses available to
licensees who hold a home state license under this compact;
(4) Have a mechanism in place for receiving and investigating complaints about
licensees;
(5) Notify the commission, in compliance with the terms of the compact and the
commission's rules, of any adverse action taken against a licensee, or of the availability
of investigative information which relates to a licensee or applicant for licensure;
(6) Require that applicants for a home state license have:
(A) Taken and passed a qualifying national exam as defined by the rules of the
commission;
(B) Completed a minimum of 1200 hours of supervised internship, of which at
least 600 must have been completed in a school, prior to being approved for licensure;
and
(C) Graduated from a qualifying school psychologist education program;
(7) Comply with the terms of this compact and the rules of the commission.
(b) Each member state shall grant an equivalent license to practice school psychology in
that state upon application by a licensee who satisfies the criteria of subsection (a) of
Section 4. Each member state shall grant renewal of the equivalent license to a licensee
who satisfies the criteria of subsection (b) of Section 4.
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<ins>(c) Member states may set and collect a fee for granting an equivalent license.
SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT
(a) To obtain and maintain an equivalent license from a remote state under this compact,
a licensee must:
(1) Hold and maintain an active home state license;
(2) Satisfy any applicable state specific requirements established by the member state
after an equivalent license is granted;
(3) Complete any administrative or application requirements which the commission may
establish by rule, and pay any associated fees;
(4) Complete any requirements for renewal in the home state, including applicable
continuing professional education requirements; and
(5) Upon their application to receive a license under this compact, undergo a criminal
background check in the member state in which the equivalent license is sought in
accordance with the laws and regulations of such member state.
(b) To renew an equivalent license in a member state other than the home state, a licensee
must only apply for renewal, complete a background check, and pay renewal fees as
determined by the licensing authority.
SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
A licensee who is an active military member or is the spouse of an active military member
shall be deemed to hold a home state license in any of the following locations:
(1) The licensee's permanent residence;
(2) A member state that is the licensee's primary state of practice; and
(3) A member state where the licensee has relocated pursuant to a permanent change of
station (PCS).
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<ins>SECTION 6. DISCIPLINE/ADVERSE ACTIONS
(a) Nothing in this compact shall be deemed or construed to limit the authority of a
member state to investigate or impose disciplinary measures on licensees according to the
state practice laws thereof.
(b) Member states shall be authorized to receive, and shall provide, files and information
regarding the investigation and discipline, if any, of licensees in other member states upon
request. Any member state receiving such information or files shall protect and maintain
the security and confidentiality thereof, in at least the same manner that it maintains its own
investigatory or disciplinary files and information. Prior to disclosing any disciplinary or
investigatory information received from another member state, the disclosing state shall
communicate its intention and purpose for such disclosure to the member state which
originally provided that information.
SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST
INTERSTATE LICENSURE COMPACT COMMISSION
(a) The member states hereby create and establish a joint government agency whose
membership consists of all member states that have enacted the compact, and this agency
shall be known as the school psychologist interstate licensure compact commission. The
commission is an instrumentality of the member states acting jointly and not an
instrumentality of any one state. The commission shall come into existence on or after the
effective date of the compact as set forth in Section 11.
(b) Membership, voting, and meetings:
(1) Each member state shall have and be limited to one delegate selected by that member
state's state licensing authority.
(2) The delegate shall be the primary administrative officer of the member state licensing
authority or their designee who is an employee of the member state licensing authority.
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<ins>(3) The commission shall by rule or bylaw establish a term of office for delegates and
may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state's licensing authority shall fill any vacancy of its delegate occurring
on the commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the commission
requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as provided in the bylaws.
The bylaws may provide for delegates to meet by telecommunication, video conference,
or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional
meetings may be held as set forth in the bylaws. The commission may meet by
telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) Establish code of conduct and conflict of interest policies;
(3) Establish and amend rules and bylaws;
(4) Establish the procedure through which a licensee may change their home state;
(5) Maintain its financial records in accordance with the bylaws;
(6) Meet and take such actions as are consistent with the provisions of this compact, the
commission's rules, and the bylaws;
(7) Initiate and conclude legal proceedings or actions in the name of the commission,
provided that the standing of any member state licensing authority to sue or be sued under
applicable law shall not be affected;
(8) Maintain and certify records and information provided to a member state as the
authenticated business records of the commission, and designate an agent to do so on the
commission's behalf;
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<ins>(9) Purchase and maintain insurance and bonds;
(10) Borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a member state;
(11) Conduct an annual financial review;
(12) Hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of the compact, and
establish the commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
(13) Assess and collect fees;
(14) Accept any and all appropriate gifts, donations, grants of money, other sources of
revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose
of the same; provided that at all times the commission shall avoid any appearance of
impropriety and/or conflict of interest;
(15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or
mixed, or any undivided interest therein;
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property real, personal, or mixed;
(17) Establish a budget and make expenditures;
(18) Borrow money;
(19) Appoint committees, including standing committees, composed of members, state
regulators, state legislators or their representatives, and consumer representatives, and
such other interested persons as may be designated in this compact and the bylaws;
(20) Provide and receive information from, and cooperate with, law enforcement
agencies;
(21) Establish and elect an executive committee, including a chair and a vice chair;
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<ins>(22) Determine whether a state's adopted language is materially different from the model
compact language such that the state would not qualify for participation in the compact;
and
(23) Perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact.
(d) The executive committee:
(1) The executive committee shall have the power to act on behalf of the commission
according to the terms of this compact. The powers, duties, and responsibilities of the
executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the compact including
enforcement and compliance with the provisions of the compact, its rules and bylaws,
and other such duties as deemed necessary;
(B) Recommend to the commission changes to the rules or bylaws, changes to this
compact legislation, fees charged to member states, fees charged to licensees, and other
fees;
(C) Ensure compact administration services are appropriately provided, including by
contract;
(D) Prepare and recommend the budget;
(E) Maintain financial records on behalf of the commission;
(F) Monitor compact compliance of member states and provide compliance reports to
the commission;
(G) Establish additional committees as necessary;
(H) Exercise the powers and duties of the commission during the interim between
commission meetings, except for adopting or amending rules, adopting or amending
bylaws, and exercising any other powers and duties expressly reserved to the
commission by rule or bylaw; and
(I) Other duties as provided in the rules or bylaws of the commission.
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<ins>(2) The executive committee shall be composed of up to seven members:
(A) The chair and vice chair of the commission shall be voting members of the
executive committee; and
(B) The commission shall elect five voting members from the current membership of
the commission.
(3) The commission may remove any member of the executive committee as provided
in the commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public, except that the
executive committee may meet in a closed, non-public meeting as provided in
subsection (f) of this section.
(B) The executive committee shall give 30 days' notice of its meetings, posted on its
website and as determined to provide notice to persons with an interest in the business
of the commission.
(C) The executive committee may hold a special meeting in accordance with
subsection (e) of this section.
(D) The commission shall adopt and provide to the member states an annual report.
(E) Meetings of the commission:
(i) All meetings shall be open to the public, except that the commission may meet in
a closed, non-public meeting as provided in subsection (f) of this section.
(ii) Public notice for all meetings of the full commission of meetings shall be given
in the same manner as required under the rule making provisions in Section 9, except
that the commission may hold a special meeting as provided in subsection (e) of this
section.
(e) The commission may hold a special meeting when it must meet to conduct emergency
business by giving 48 hours' notice to all commissioners, on the commission's website, and
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<ins>other means as provided in the commission's rules. The commission's legal counsel shall
certify that the commission's need to meet qualifies as an emergency.
(f) The commission or the executive committee or other committees of the commission
may convene in a closed, non-public meeting for the commission or executive committee
or other committees of the commission to receive legal advice or to discuss:
(1) Noncompliance of a member state with its obligations under the compact;
(2) The employment, compensation, discipline or other matters, practices or procedures
related to specific employees;
(3) Current or threatened discipline of a licensee by the commission or by a member
state's licensing authority;
(4) Current, threatened, or reasonably anticipated litigation;
(5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real
estate;
(6) Accusing any person of a crime or formally censuring any person;
(7) Trade secrets or commercial or financial information that is privileged or
confidential;
(8) Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(9) Investigative records compiled for law enforcement purposes;
(10) Information related to any investigative reports prepared by or on behalf of or for
use of the commission or other committee charged with responsibility of investigation or
determination of compliance issues pursuant to the compact;
(11) Matters specifically exempted from disclosure by federal or member state law; or
(12) Other matters as promulgated by the commission by rule.
(g) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the
meeting will be closed and reference each relevant exempting provision, and such reference
shall be recorded in the minutes.
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<ins>(h) The commission shall keep minutes that fully and clearly describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, and the
reasons therefore, including a description of the views expressed. All documents
considered in connection with an action shall be identified in such minutes. All minutes
and documents of a closed meeting shall remain under seal, subject to release only by a
majority vote of the commission or order of a court of competent jurisdiction.
(i) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided
in paragraph (13) of subsection (c) of Section 7.
(3) The commission may levy on and collect an annual assessment from each member
state and impose fees on licensees practicing in the member states under an equivalent
license to cover the cost of the operations and activities of the commission and its staff,
which must be in a total amount sufficient to cover its annual budget as approved each
year for which revenue is not provided by other sources. The aggregate annual
assessment amount for member states shall be allocated based upon a formula that the
commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the commission pledge the credit of any of the
member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the financial review and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the commission shall be subject to an annual financial
review by a certified or licensed public accountant, and the report of the financial review
shall be included in and become part of the annual report of the commission.
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<ins>(j) Qualified immunity, defense, and indemnification:
(1) The members, officers, executive director, employees and representatives of the
commission shall be immune from suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful or wanton misconduct of that person. The procurement of insurance
of any type by the commission shall not in any way compromise or limit the immunity
granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and
representative of the commission in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or as determined by the commission
that the person against whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties, or responsibilities;
provided that nothing herein shall be construed to prohibit that person from retaining their
own counsel at their own expense; and provided further, that the actual or alleged act,
error, or omission did not result from that person's intentional or willful or wanton
misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive
director, employee, and representative of the commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of commission employment, duties,
or responsibilities, or that such person had a reasonable basis for believing occurred
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<ins>within the scope of commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from the intentional or willful or
wanton misconduct of that person.
(4) Nothing herein shall be construed as a limitation on the liability of any licensee for
professional malpractice or misconduct, which shall be governed solely by any other
applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member
state's state action immunity or state action affirmative defense with respect to antitrust
claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or
anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by
the member states or by the commission.
SECTION 8. FACILITATING INFORMATION EXCHANGE
(a) The commission shall provide for facilitating the exchange of information to administer
and implement the provisions of this compact in accordance with the rules of the
commission, consistent with generally accepted data protection principles.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall
agree to provide for the facilitation of the following licensee information as required by the
rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license and information related thereto;
(4) Nonconfidential information related to alternative program participation, the
beginning and ending dates of such participation, and other information related to such
participation not made confidential under member state law;
(5) Any denial of application for licensure, and the reason(s) for such denial;
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<ins>(6) The presence of investigative information; and
(7) Other information that may facilitate the administration of this compact or the
protection of the public, as determined by the rules of the commission.
(c) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the
power of a member state to control and maintain ownership of its licensee information or
alter, limit, or inhibit the laws or regulations governing licensee information in the member
state.
SECTION 9. RULE MAKING
(a) The commission shall exercise its rule making powers pursuant to the criteria set forth
in this interstate compact and the rules adopted thereunder. Rules and amendments shall
become binding as of the date specified in each rule or amendment.
(b) The commission shall promulgate reasonable rules to achieve the intent and purpose
of this interstate compact. In the event the commission exercises its rule making authority
in a manner that is beyond purpose and intent of this interstate compact, or the powers
granted hereunder, then such an action by the commission shall be invalid and have no
force and effect of law in the member states.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a
statute or resolution in the same manner used to adopt the compact within four years of the
date of adoption of the rule, then such rule shall have no further force and effect in any
member state.
(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special
meeting of the commission in accordance with commission rules and bylaws.
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at
least 30 days in advance of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rule making:
(1) On the website of the commission or other publicly accessible platform; and
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<ins>(2) On the website of each member state licensing authority or other publicly accessible
platform or the publication in which each state would otherwise publish proposed rules.
(f) Upon determination that an emergency exists, the commission may consider and adopt
an emergency rule with 48 hours' notice, with opportunity to comment, provided that the
usual rule making procedures shall be retroactively applied to the rule as soon as
reasonably possible, in no event later than 90 days after the effective date of the rule. For
the purposes of this provision, an emergency rule is one that must be adopted immediately
in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds;
(3) Meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule; or
(4) Protect public health and safety.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
(a) Oversight:
(1) The executive and judicial branches of the state government in each member state
shall enforce this compact and take all actions necessary and appropriate to implement
the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be
brought solely and exclusively in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative dispute resolution
proceedings. Nothing herein shall affect or limit the selection or propriety of venue in
any action against a licensee for professional malpractice, misconduct or any such similar
matter.
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<ins>(3) The commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide the commission
service of process shall render a judgment or order void as to the commission, this
compact, or promulgated rules.
(b) Default, technical assistance, and termination:
(1) If the commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this compact or the promulgated rules, the
commission shall provide written notice to the defaulting state. The notice of default
shall describe the default, the proposed means of curing the default, and any other action
that the commission may take, and shall offer training and specific technical assistance
regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member
states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from
the compact upon an affirmative vote of a supermajority of the delegates of the member
states, and all rights, privileges and benefits conferred on that state by this compact may
be terminated on the effective date of termination. A cure of the default does not relieve
the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor, the majority and minority leaders of the
defaulting state's legislature, the defaulting state's licensing authority and each of the
member states' licensing authorities.
(e) A state that has been terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.
</ins>
<ins>(f) Upon the termination of a state's membership from this compact, that state shall
immediately provide notice to all licensees within that state of such termination. The
terminated state shall continue to recognize all licenses granted pursuant to this compact
for a minimum of six months after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default
or that has been terminated from the compact, unless agreed upon in writing between the
commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United
States District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party shall be awarded all costs of
such litigation, including reasonable attorney's fees.
(i) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and
nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
(j) Enforcement:
(1) By majority vote as provided by rule, the commission may initiate legal action
against a member state in default in the United States District Court for the District of
Columbia or the federal district where the commission has its principal offices to enforce
compliance with the provisions of the compact and its promulgated rules. The relief
sought may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available under federal or
the defaulting member state's law.
</ins>
<ins>(2) A member state may initiate legal action against the commission in the United States
District Court for the District of Columbia or the federal district where the commission
has its principal offices to enforce compliance with the provisions of the compact and its
promulgated rules. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorney's fees.
(3) No person other than a member state shall enforce this compact against the
commission.
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted
into law in the seventh member state.
(1) On or after the effective date of the compact indicated above, the commission shall
convene and review the enactment of each of the charter member states to determine if
the statute enacted by each such charter member state is materially different than the
model compact statute.
(A) A charter member state whose enactment is found to be materially different from
the model compact statute shall be entitled to the default process set forth in Section 10.
(B) If any member state is later found to be in default, or is terminated or withdraws
from the compact, the commission shall remain in existence and the compact shall
remain in effect even if the number of member states should be less than seven.
(2) Member states enacting the compact subsequent to the charter member states shall
be subject to the process set forth in paragraph (22) of subsection (c) of Section 7 to
determine if their enactments are materially different from the model compact statute and
whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes
of the administration of the compact prior to the effective date of the compact or the
</ins>
<ins>commission coming into existence shall be considered to be actions of the commission
unless specifically repudiated by the commission.
(A) Any state that joins the compact subsequent to the commission's initial adoption
of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date
on which the compact becomes law in that state. Any rule that has been previously
adopted by the commission shall have the full force and effect of law on the day the
compact becomes law in that state.
(B) Any member state may withdraw from this compact by enacting a statute repealing
the same.
(b) A member state's withdrawal shall not take effect until 180 days after enactment of the
repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's
licensing authority to comply with the investigative and adverse action reporting
requirements of this compact prior to the effective date of withdrawal.
(d) Upon the enactment of a statute withdrawing from this compact, a state shall
immediately provide notice of such withdrawal to all licensees within that state.
Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing
state shall continue to recognize all licenses granted pursuant to this compact for a
minimum of six months after the date of such notice of withdrawal.
(1) Nothing contained in this compact shall be construed to invalidate or prevent any
licensure agreement or other cooperative arrangement between a member state and a
nonmember state that does not conflict with the provisions of this compact.
(2) This compact may be amended by the member states. No amendment to this
compact shall become effective and binding upon any member state until it is enacted
into the laws of all member states.
</ins>
<ins>SECTION 12. CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rule making authority shall be liberally construed
so as to effectuate the purposes, and the implementation and administration of the compact.
Provisions of the compact expressly authorizing or requiring the promulgation of rules
shall not be construed to limit the commission's rule making authority solely for those
purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence
or provision of this compact is held by a court of competent jurisdiction to be contrary to
the constitution of any member state, a state seeking participation in the compact, or of the
United States, or the applicability thereof to any government, agency, person or
circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity
of the remainder of this compact and the applicability thereof to any other government,
agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b) of this section, the commission may deny a state's
participation in the compact or, in accordance with the requirements of subsection (b) of
Section 10, terminate a member state's participation in the compact, if it determines that
a constitutional requirement of a member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of any member
state, the compact shall remain in full force and effect as to the remaining member states
and in full force and effect as to the member state affected as to all severable matters.
SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH
OTHER STATE LAWS
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member
state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal requirements in a member state in
conflict with the compact are superseded to the extent of the conflict.
</ins>
<ins>(c) All permissible agreements between the commission and the member states are binding
in accordance with their terms.'
20-6-28.
The Professional Standards Commission shall be authorized to promulgate rules and
regulations to implement the provisions of this article."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.