Okla. Stat. tit. 59, § 59-1387

This is the official text of Okla. Stat. tit. 59, § 59-1387, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.

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Psychology Interjurisdictional Compact Commission

Official statutory text

A. The compact states hereby create and establish a joint

public agency known as the Psychology Interjurisdictional Compact

Commission as follows:

1. The Commission is a body politic and an instrumentality of

the compact states;

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings; and

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Membership, Voting and Meetings.

1. The Commission shall consist of one voting representative

appointed by each compact state who shall serve as that state's

Commissioner. The state psychology regulatory authority shall

appoint its delegate. This delegate shall be empowered to act on

behalf of the compact state. This delegate shall be limited to:

a. an executive director, executive secretary or similar

executive,

b. a current member of the state psychology regulatory

authority of a compact state, or

c. a designee empowered with the appropriate delegate

authority to act on behalf of the compact state.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1101

2. Any Commissioner may be removed or suspended from office as

provided by the law of the state from which the Commissioner is

appointed. Any vacancy occurring in the Commission shall be filled

in accordance with the laws of the compact state in which the

vacancy exists.

3. Each Commissioner shall be entitled to one vote with regard

to the promulgation of rules and creation of bylaws and shall

otherwise have an opportunity to participate in the business and

affairs of the Commission. A Commissioner shall vote in person or

by such other means as provided in the bylaws. The bylaws may

provide for Commissioners' participation in meetings by telephone or

other means of communication.

4. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

5. All meetings shall be open to the public, and public notice

of meetings shall be given in the same manner as required under the

rulemaking provisions in Section 12 of this act.

6. The Commission may convene in a closed, nonpublic meeting if

the Commission must discuss:

a. noncompliance of a compact state with its obligations

under the Compact,

b. the employment, compensation, discipline or other

personnel matters, practices or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures,

c. current, threatened or reasonably anticipated

litigation against the Commission,

d. negotiation of contracts for the purchase or sale of

goods, services or real estate,

e. accusation against any person of a crime or formally

censuring any person,

f. disclosure of trade secrets or commercial or financial

information which is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigatory records compiled for law

enforcement purposes,

i. disclosure of information related to any investigatory

reports prepared by or on behalf of or for use of the

Commission or other committee charged with

responsibility for investigation or determination of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal and state statute.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1102

7. If a meeting, or portion of a meeting, is closed pursuant to

this provision, the Commission's legal counsel or designee shall

certify that the meeting may be closed and shall reference each
tion of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal and state statute.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1102

7. If a meeting, or portion of a meeting, is closed pursuant to

this provision, the Commission's legal counsel or designee shall

certify that the meeting may be closed and shall reference each

relevant exempting provision. The Commission shall keep minutes

which fully and clearly describe all matters discussed in a meeting

and shall provide a full and accurate summary of actions taken, of

any person participating in the meeting, and the reasons therefor,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release only by a majority vote of the

Commission or order of a court of competent jurisdiction.

C. The Commission shall, by a majority vote of the

Commissioners, prescribe bylaws and/or rules to govern its conduct

as may be necessary or appropriate to carry out the purposes and

exercise the powers of the Compact, including, but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

a. for the establishment and meetings of other

committees, and

b. governing any general or specific delegation of any

authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting

meetings of the Commission, ensuring reasonable advance notice of

all meetings and providing an opportunity for attendance of such

meetings by interested parties, with enumerated exceptions designed

to protect the public's interest, the privacy of individuals of such

proceedings and proprietary information, including trade secrets.

The Commission may meet in closed session only after a majority of

the Commissioners vote to close a meeting to the public in whole or

in part. As soon as practicable, the Commission must make public a

copy of the vote to close the meeting revealing the vote of each

Commissioner with no proxy votes allowed;

4. Establishing the titles, duties and authority and reasonable

procedures for the election of the officers of the Commission;

5. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Commission. Notwithstanding any civil service or other similar law

of any compact state, the bylaws shall exclusively govern the

personnel policies and programs of the Commission;

6. Promulgating a code of ethics to address permissible and

prohibited activities of Commission members and employees;

7. Providing a mechanism for concluding the operations of the

Commission and the equitable disposition of any surplus funds that

may exist after the termination of the Compact after the payment and

reserving of all of its debts and obligations;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1103

8. The Commission shall publish its bylaws in a convenient form

and file a copy thereof and a copy of any amendment thereto with the

appropriate agency or officer in each of the compact states;

9. The Commission shall maintain its financial records in

accordance with the bylaws; and

10. The Commission shall meet and take such actions as are

consistent with the provisions of this Compact and the bylaws.

D. The Commission shall have the following powers:

1. The authority to promulgate uniform rules to facilitate and

coordinate implementation and administration of this Compact which

shall have the force and effect of law and shall be binding in all

compact states;

2. To bring and prosecute legal proceedings or actions in the

name of the Commission; provided, that the standing of any state

psychology regulatory authority or other regulatory body responsible
ty to promulgate uniform rules to facilitate and

coordinate implementation and administration of this Compact which

shall have the force and effect of law and shall be binding in all

compact states;

2. To bring and prosecute legal proceedings or actions in the

name of the Commission; provided, that the standing of any state

psychology regulatory authority or other regulatory body responsible

for psychology licensure to sue or be sued under applicable law

shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept or contract for services of personnel,

including, but not limited to, employees of a compact state;

5. To hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact and to establish

the Commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel and other related

personnel matters;

6. To accept any and all appropriate donations and grants of

money, equipment, supplies, materials and services, and to receive,

utilize and dispose of the same; provided, that at all times the

Commission shall strive to avoid any appearance of impropriety or

conflict of interest;

7. To lease, purchase, accept appropriate gifts or donations

of, or otherwise to own, hold, improve or use, any property, real,

personal or mixed; provided, that at all times the Commission shall

strive to avoid any appearance of impropriety;

8. To sell, convey, mortgage, pledge, lease, exchange, abandon

or otherwise dispose of any property, real, personal or mixed;

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees

comprised of members, state regulators, state legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

12. To provide and receive information from, and to cooperate

with, law enforcement agencies;

13. To adopt and use an official seal; and

Oklahoma Statutes - Title 59. Professions and Occupations Page 1104

14. To perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the state regulation of psychology licensure, temporary in-person,

face-to-face practice and telepsychology practice.

E. The Executive Board.

The elected officers shall serve as the Executive Board, which

shall have the power to act on behalf of the Commission according to

the terms of this Compact.

1. The Executive Board shall be comprised of six (6) members:

a. five voting members who are elected from the current

membership of the Commission by the Commission, and

b. one ex officio, nonvoting member from the recognized

membership organization composed of state and

provincial psychology regulatory authorities.

2. The ex officio member must have served as staff or member on

a state psychology regulatory authority and will be selected by its

respective organization.

3. The Commission may remove any member of the Executive Board

as provided in the bylaws.

4. The Executive Board shall meet at least annually.

5. The Executive Board shall have the following duties and

responsibilities:

a. recommend to the entire Commission changes to the

rules or bylaws, changes to this Compact legislation,

fees paid by compact states, such as annual dues, and

any other applicable fees,

b. ensure compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in the rules or bylaws.

F. Financing of the Commission.
ervices are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in the rules or bylaws.

F. Financing of the Commission.

1. The Commission shall pay or provide for the payment of the

reasonable expenses of its establishment, organization and ongoing

activities.

2. The Commission may accept any and all appropriate revenue

sources, donations and grants of money, equipment, supplies,

materials and services.

3. The Commission may levy on and collect an annual assessment

from each compact state or impose fees on other parties to cover the

cost of the operations and activities of the Commission and its

staff which must be in a total amount sufficient to cover its annual

budget as approved each year for which revenue is not provided by

Oklahoma Statutes - Title 59. Professions and Occupations Page 1105

other sources. The aggregate annual assessment amount shall be

allocated based upon a formula to be determined by the Commission

which shall promulgate a rule binding upon all compact states.

4. The Commission shall not incur obligations of any kind

before securing the funds adequate to meet the same, nor shall the

Commission pledge the credit of any of the compact states, except by

and with the authority of the compact state.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

under its bylaws. However, all receipts and disbursements of funds

handled by the Commission shall be audited yearly by a certified or

licensed public accountant and the report of the audit shall be

included in and become part of the annual report of the Commission.

G. Qualified Immunity, Defense and Indemnification.

1. The members, officers, Executive Director, employees and

representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties or

responsibilities; provided, that nothing in this subsection shall be

construed to protect any such person from suit and/or liability for

any damage, loss, injury or liability caused by the intentional or

willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, Executive

Director, employee or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

alleged act, error or omission that occurred within the scope of

Commission employment, duties or responsibilities, or that the

person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment, duties

or responsibilities; provided, that nothing herein shall be

construed to prohibit that person from retaining his or her own

counsel, and provided further, that the actual or alleged act, error

or omission did not result from that person's intentional or willful

or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member,

officer, Executive Director, employee or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error

or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that such person had a reasonable
3. The Commission shall indemnify and hold harmless any member,

officer, Executive Director, employee or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error

or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties or responsibilities, provided that the actual or

Oklahoma Statutes - Title 59. Professions and Occupations Page 1106

alleged act, error or omission did not result from the intentional

or willful or wanton misconduct of that person.

Status: in_force · Read it on the official government site

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