Current through 2024
Section 18.83A.070 - Adverse actions(1) A home state may impose adverse action against a psychologist's license issued by the home state. A distant state may take adverse action on a psychologist's temporary authorization to practice within that distant state.(2) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.(3) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the e-passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the interjurisdictional practice certificate is revoked. (a) All home state disciplinary orders which impose adverse action must be reported to the commission in accordance with the rules adopted by the commission. A compact state must report adverse actions in accordance with the rules of the commission.(b) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.(c) Other actions may be imposed as determined by the rules adopted by the commission.(4) A home state's psychology regulatory authority must investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law controls in determining any adverse action against a psychologist's license.(5) A distant state's psychology regulatory authority must investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under a temporary authorization to practice which occurred by a distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law controls in determining any adverse action against a psychologist's temporary authorization to practice.(6) Nothing in this compact overrides a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation remains nonpublic if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology services under the temporary authorization to practice in any other compact state during the term of the alternative program.(7) No other judicial or administrative remedy is available to a psychologist if a compact state imposes an adverse action under subsection (3) of this section.Added by 2022 c 5,§ 8, eff. 90 days after adjournment of the 2022 Regular Session.