Maine Revised Statutes Title 32 Sec. 3844 – Compact privilege to practice telepsychology – Article 4
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(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §3850-C, sub-§1)
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 32, §3850-C, sub-§1)
1. 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.
[PL 2021, c. 331, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 3844
- Authority to practice interjurisdictional telepsychology: means a licensed psychologist's authority to practice telepsychology within the limits authorized under this compact in another compact state. See Maine Revised Statutes Title 32 Sec. 3842
- Commission: means the Psychology Interjurisdictional Compact Commission established by section 3850, which is the governing body of the compact. See Maine Revised Statutes Title 32 Sec. 3842
- Compact state: means a state, the District of Columbia or a United States territory that has enacted the compact and that has not withdrawn pursuant to section 3850?C, subsection 3 or has not been terminated pursuant to section 3850?B, subsection 2. See Maine Revised Statutes Title 32 Sec. 3842
- E-passport: means a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. See Maine Revised Statutes Title 32 Sec. 3842
- Home state: means a compact state where a psychologist is licensed to practice psychology. See Maine Revised Statutes Title 32 Sec. 3842
- Identity history summary: means a summary of information retained by the Federal Bureau of Investigation or other designee with similar authority in connection with arrests and, in some instances, federal employment, naturalization or military service. See Maine Revised Statutes Title 32 Sec. 3842
- License: means authorization by a state psychology regulatory authority to engage in the independent practice of psychology. See Maine Revised Statutes Title 32 Sec. 3842
- Psychologist: means an individual licensed for the independent practice of psychology. See Maine Revised Statutes Title 32 Sec. 3842
- Receiving state: means a compact state where the client is physically located when telepsychological services are delivered. See Maine Revised Statutes Title 32 Sec. 3842
- State: means a state, the District of Columbia or a territory of the United States. See Maine Revised Statutes Title 32 Sec. 3842
- Statute: A law passed by a legislature.
- Telepsychology: means the provision of psychological services using telecommunications technologies. See Maine Revised Statutes Title 32 Sec. 3842
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
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; [PL 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; [PL 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; [PL 2021, c. 331, §1 (NEW).]
D. Have no history of adverse actions that violate the rules; [PL 2021, c. 331, §1 (NEW).]
E. Have no criminal history record reported on an identity history summary that violates the rules; [PL 2021, c. 331, §1 (NEW).]
F. Possess a current, active e-passport; [PL 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 [PL 2021, c. 331, §1 (NEW).]
H. Meet other criteria as defined by the rules. [PL 2021, c. 331, §1 (NEW).]
[PL 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.
[PL 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.
[PL 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.
[PL 2021, c. 331, §1 (NEW).]
Revisor’s Note: §3844. Professional responsibility (As enacted by PL 2021, c. 291, Pt. B, §11 is REALLOCATED TO TILE 32, SECTION 3850-H)
SECTION HISTORY
PL 2021, c. 331, §1 (NEW).