Amends TCA Title 4; Title 7; Title 33; Title 63 and Title 68.

Generally, present law makes it a Class B misdemeanor offense for any person to engage in the practice of psychology without being licensed to practice as psychological examiner or psychologist or senior psychological examiner, or certified to practice as a psychological assistant. Present law authorizes the board of examiners in psychology (the "board") to issue temporary licenses to persons who are licensed in other states. A temporary license may be valid for up to one year. Present law authorizes the board to waive the examination requirement for applicants who are licensed in other states with licensure standards similar to those in Tennessee. Also, present law authorizes the board to allow licensees from other states to practice in Tennessee without a license for a limited amount of time for purposes such as instruction and serving as an expert witness. This bill enacts the Psychology Interjurisdictional Compact Act to allow for telepsychological practice across state lines as well as temporary, in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology, and to facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history. Interstate Practice This bill defines "telepsychology" to mean the provision of psychological services using telecommunication technologies. Under this bill, if a psychologist's state of licensure (a "home state") is a compact member, the psychologist's home state license authorizes the psychologist to practice telepsychology in another compact member state, if the home state: (1) Currently requires the psychologist to hold an active E.Passport; (2) Has a mechanism in place for receiving and investigating complaints about licensed individuals; (3) Notifies the psychology interjurisdictional compact commission (the "commission"), which this bill creates, of any adverse action or significant investigatory information regarding a licensed individual; (4) Requires a background screening mechanism for applicants at initial licensure, including the use of biometric data checks compliant with the requirements of the FBI; and (5) Complies with the commission's rules. Also under this bill, if a psychologist's state of licensure (a "home state") is a compact member, the psychologist's home state license allows temporary authorization to conduct temporary distant face-to-face practice with patients in another compact member state, if the home state requires the psychologist to hold an active interjurisdictional practice certificate ("IPC") issued by the Association of State and Provincial Psychology Boards and meets requirements for interstate telepsychology described in (2)-(5). The full text of this bill specifies numerous baseline requirements for licensure that a compact-member state must require in order for that state's licensees to qualify to practice telepsychology and temporary distant face-to-face in other member states without obtaining a license in the other member states. The full text of this bill also specifies numerous conditions of practice that will apply to psychologists who practice under the compact's reciprocal recognition provisions. Disciplinary Actions Under this bill, a home state retains the authority to take disciplinary action against its licensees. A compact-member state where a psychologist engages in interjurisdictional telepsychology or temporary distant practice will be authorized to act against the licensee's authority to practice within that state. This bill specifies that a home state may discipline a psychologist based on an adverse action taken by another compact-member state regarding temporary, in-person, face-to-face practice. If a home state acts against a licensee, the licensee will not be eligible to engage in interjurisdictional telepsychology or temporary distant practice under the compact's reciprocal provisions. The full text of this bill specifies various requirements for the investigation of reported incidents of inappropriate conduct by licensees. Coordinated Licensure Information System This bill requires the creation of a coordinated information system that compact-members state's licensing authorities may use to access information concerning licensees' eligibility to practice and disciplinary matters relating to licensees. Psychology Interjurisdictional Compact Commission This bill authorizes creation of a commission to administer the compact. The commission will be comprised of one voting member from each compact state. The commission will meet at least once per year. Generally, this bill requires that the commission's meetings are open to the public; however, this bill specifies 10 circumstances under which closed meetings may occur. The full text of this bill also specifies 14 powers and duties that the commission will have. The commission will have a six-member executive board, five of whom will be elected from the commission's membership and one of whom will be a nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities. This bill authorizes the commission to levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the commission's operations, 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 commission's members, officers, employees, and representatives will be immune from civil liability for unintentional acts and omissions within the scope of commission employment, duties, or responsibilities. The commission will be required to provide legal defense to any such persons who are sued for acts and omissions within the scope of commission employment, duties, or responsibilities. Rulemaking The commission will be authorized to promulgate rules pursuant to administrative procedures that are specified in this bill, which include requirements for notice, public comments, and a public hearing. This bill also authorizes the department of health, in consultation with the board of examiners in psychology, to promulgate rules for the implementation of the compact in accordance with the Uniform Administrative Procedures Act. Implementation and Withdrawal The compact will come into effect on the date that the seventh state enacts it into law. For purposes of this bill, the District of Columbia and Territories of the U.S. are defined as states. Any compact-member state may withdraw from the compact by legislative enactment, upon six months notice. ON APRIL 27, 2021, THE HOUSE SUBSTITUTED SENATE BILL 161 FOR HOUSE BILL 455, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 161, AS AMENDED. AMENDMENT #1 places the compact in the sunset review cycle for June 30, 2023.