Chapter 455

455.50(12)(b)5. 5. The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

455.50(12)(b)6. 6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the state of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

455.50(12)(c) (c) Dispute resolution.

455.50(12)(c)1. 1. Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.

455.50(12)(c)2. 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

455.50(12)(d) (d) Enforcement.

455.50(12)(d)1. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

455.50(12)(d)2. 2. By majority vote, the commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

455.50(12)(d)3. 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

455.50(13) (13) Article XIII — Date of implementation of the Psychology Interjurisdictional Compact Commission and associated rules, withdrawal, and amendments.

455.50(13)(a) (a) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

455.50(13)(b) (b) Any state which joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which 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.

455.50(13)(c) (c) Any compact state may withdraw from this compact by enacting a statute repealing the same.

455.50(13)(c)1. 1. A compact state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

455.50(13)(c)2. 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

455.50(13)(d) (d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state which does not conflict with the provisions of this compact.

455.50(13)(e) (e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

455.50(14) (14) Article XIV — Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.

455.50 History History: 2021 a. 131; s. 35.17 correction in (4) (b) 1. a., b., (5) (b) 1. a., b., (10) (b) 1. b., (11) (a).

455.51 455.51 Implementation of the psychology interjurisdictional compact.

455.51(1) (1) In this section:

455.51(1)(a) (a) “Authority to practice interjurisdictional telepsychology” has the meaning given in s. 455.50 (2) (b).

455.51(1)(b) (b) “Temporary authorization to practice” has the meaning given in s. 455.50 (2) (o).

455.51(2) (2) 

455.51(2)(a) (a)

455.51(2)(a)1. 1. An individual who is exercising the temporary authorization to practice in this state shall comply with s. 440.03 (13) (am).

455.51(2)(a)2. 2. An individual who is practicing under the authority to practice interjurisdictional telepsychology shall comply with s. 440.03 (13) (am).

455.51(2)(b) (b)

455.51(2)(b)1. 1. Subject to s. 455.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the temporary authorization to practice in this state in the same manner that they apply to holders of licenses issued under subch. I.

455.51(2)(b)2. 2. Subject to s. 455.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is practicing under the authority to practice interjurisdictional telepsychology in the same manner that they apply to holders of licenses issued under subch. I.

455.51 History History: 2021 a. 131.