Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

HB 2408

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Adopting the psychology interjurisdictional compact.

Sponsors: Representatives Chambers, Riccelli, Harris, Tharinger, Gildon, Stonier and Davis.

Brief Summary of Bill

  • Adopts the Psychology Interjurisdictional Compact to allow professionals who are licensed in a compact state to provide psychological services through the use of telecommunication technologies and temporary in-person practice.

Hearing Date: 1/21/20

Staff: Chris Blake (786-7392).

Background:

Licensing of Psychologists.

To become licensed as a psychologist by the Department of Health (Department), an applicant must meet specific education, examination, and experience standards. The education standard requires the applicant to have a doctorate degree from an accredited program of graduate study in psychology. The experience standard requires the applicant to have at least two years of supervised experience. Applicants for a license to practice psychology may receive a license through an endorsement process if the applicant has held a license to practice psychology in another state that has essentially equivalent licensing standards to Washington for at least two years or if the applicant is a member of an approved professional organization. In addition, the Department must issue a probationary license to an applicant who has held a license within the prior 12 months in another state with a substantially equivalent scope of practice. The probationary license allows the psychologist to practice while the Department determines if any educational or experience standards may still need to be met for full licensure.

The Psychology Interjurisdictional Compact.

The Association of Provincial Psychology Boards administers the Psychology Interjurisdictional Compact (Psychology Compact) to establish standards and procedures for authorizing psychologists to practice interjurisdictional telepsychology and temporarily practice psychology in another compact state in person for up to 30 days within a calendar year. The Psychology Compact does not apply to the permanent in-person, face-to-face practice of psychology in a state in which the person is not licensed. The Psychology Compact is governed by a commission that includes one representative from each state that has adopted the Psychology Compact. There are currently 12 states that have adopted the Psychology Compact.

Summary of Bill:

Authority to Practice Psychology on an Interjurisdictional Basis.

The Psychology Interjurisdictional Compact (Psychology Compact) is adopted in Washington. The Psychology Compact authorizes psychologists who meet specified standards to practice interjurisdictional telepsychology in another compact state, referred to as the "receiving state," and temporarily practice psychology in person for up to 30 days within a calendar year in another compact state, referred to as the "distant state." The Psychology Compact does not apply to the permanent in-person, face-to-face practice of psychology in a state in which the psychologist does not hold a full license. A psychologist who is practicing into a compact state in which the patient or client is located is subject to the scope of practice as established in the patient's or client's state.

A psychologist may practice in another compact state under the Psychology Compact if the psychologist is licensed in a compact state that the psychologist designates as their home state. The home state is where a psychologist is physically present when practicing interjurisdictional telepsychology. To practice either interjurisdictional telepsychology in a receiving state or temporarily practice psychology in a distant state, the compact state must: (1) have a mechanism for receiving and investigating complaints; (2) notify the Psychology Interjurisdictional Compact Commission (Compact Commission) of any adverse action or significant investigatory information regarding a licensed person; (3) require an identity history summary of all applicants for an initial license, including a federal fingerprint background check; and (4) comply with the bylaws and rules of the Compact Commission. If the psychologist seeks to practice interjurisdictional telepsychology in a receiving state, the compact state must additionally require the psychologist to hold an active e-passport. An e-passport is a certificate issued by the Association of Provincial Psychology Boards (Association) that facilitates the provision of telepsychology services between states. If the psychologist seeks to temporarily practice psychology in person in a distant state, the compact state must additionally require the psychologist to hold an active interjurisdictional practice certificate. An interjurisdictional practice certificate is a certificate issued by the Association that grants temporary authority to practice in a distant state upon notification to that state's psychology regulatory authority and the verification of qualifications.

The psychologist seeking to practice interjurisdictional psychology in a receiving state or temporarily practice psychology in a distant state must have graduated from an approved graduate psychology program, possess a full license to practice psychology in a home state, have no history of adverse actions that violate Compact Commission rules, have no criminal record history that violates Compact Commission rules, have either an e-passport or an interjurisdictional practice certificate, and provide certain attestations about qualifications and areas of intended practice.

A psychologist practicing interjurisdictional telepsychology in a receiving state or temporarily practicing psychology in person in a distant state may have their privileges limited or revoked by the compact state if it finds such action is necessary to protect the health and safety of the state's residents. The compact state must promptly notify the psychologist's home state and the Compact Commission of the action. If a psychologist's license is restricted or revoked in any home state or other compact state, the psychologist's e-passport or interjurisdictional practice certificate must be revoked and the psychologist may not practice pursuant to the Psychology Compact.

Psychology Interjurisdictional Compact Commission.

The Compact Commission is created consisting of one voting representative from each compact state. The representative must be appointed by the state psychology regulatory authority and must either be the executive director of the state psychology regulatory authority, a current member of the state psychology regulatory authority, or a designee with delegated authority to act on behalf of the compact state. The Compact Commission also has an executive board comprised of five Compact Commission members and a nonvoting member from the Association. The executive board recommends rules to the full Compact Commission, oversees administrative services, prepares the annual budget, and monitors the compliance of compact states.

The Compact Commission is responsible for the development and maintenance of a coordinated licensure information system (information system). The information system contains licensure and disciplinary action information on all psychologists covered by the Psychology Compact in all compact states. Compact states are required to submit data to the information system on all licensed psychologists. The data includes identifying information, licensure data, significant investigatory information, adverse actions against a psychologist's license, information about the revocation of a psychologist's authority to practice interjurisdictional psychology or temporary authorization to practice, and application denial information.

The Compact Commission may establish and collect annual assessments from each compact state to cover the costs of the Compact Commission's operations and activities.

A compact state may withdraw from the Psychology Compact by repealing the statute adopting the Psychology Compact. A withdrawal from the Psychology Compact is effective six months after the enactment of the repealing statute.

Appropriation: None.

Fiscal Note: Requested on January 15, 2020.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.