Current through 131st (2023-2024) Legislature Chapter 684
Section 3844 - [Effective on contingency: See 32 M.R.S. Section 3850-C(1)] Compact privilege to practice telepsychology - Article 41. Privilege to practice telepsychology in receiving states. Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with section 3843, to practice telepsychology in receiving states in which the psychologist is not licensed under the authority to practice interjurisdictional telepsychology as provided in the compact. [2021, c. 331, §1(NEW).]
2.Conditions to exercise authority to practice interjurisdictional telepsychology. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must: A. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (1) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or(2) A foreign college or university determined to satisfy subparagraph (1) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; [2021, c. 331, §1(NEW).]B. Hold a graduate degree in psychology that meets the following criteria:(1) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. The program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;(2) The program must stand as a recognizable, coherent, organizational entity within the institution;(3) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;(4) The program must consist of an integrated, organized sequence of study;(5) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;(6) The designated director of the program must be a psychologist and a member of the core faculty;(7) The program must have an identifiable body of students who are matriculated in that program for a degree;(8) The program must include supervised practicum, internship or field training appropriate to the practice of psychology;(9) The curriculum must encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degrees; and(10) The program includes an acceptable residency as defined by the rules; [2021, c. 331, §1(NEW).]C. Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state; [2021, c. 331, §1(NEW).]D. Have no history of adverse actions that violate the rules; [2021, c. 331, §1(NEW).]E. Have no criminal history record reported on an identity history summary that violates the rules; [2021, c. 331, §1(NEW).]F. Possess a current, active e-passport; [2021, c. 331, §1(NEW).]G. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background and knowledge and adherence to legal requirements in the home and receiving states and provide a release of information to allow for primary source verification in a manner specified by the commission; and [2021, c. 331, §1(NEW).]H. Meet other criteria as defined by the rules. [2021, c. 331, §1(NEW).] [2021, c. 331, §1(NEW).]
3.Home state authority. The home state maintains authority over the license of any psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology. [2021, c. 331, §1(NEW).]
4.Scope of practice in receiving state. A psychologist practicing in a receiving state under the authority to practice interjurisdictional telepsychology is subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the receiving state shall promptly notify the home state and the commission. [2021, c. 331, §1(NEW).]
5.Revocation of authority. If a psychologist's license in any home state or another compact state or any authority to practice interjurisdictional telepsychology in any receiving state is restricted, suspended or otherwise limited, the e-passport must be revoked and the psychologist is not eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology. [2021, c. 331, §1(NEW).]
Added by 2021SP1, c. 331,§ 1, eff. 10/18/2021.