(A)(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(B)(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(a) provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission; and
(b) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.
(4) A compact state which has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.
(5) The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the State of South Carolina or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(C)(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and noncompact states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
(D)(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States District Court for the State of South Carolina or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
HISTORY: 2022 Act No. 159 (H.3833), Section 2.A, eff May 13, 2022.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-55-20. State Board of Examiners in Psychology.
Section 40-55-30. Appointment of members of board; terms; vacancies.
Section 40-55-40. Powers and duties of board.
Section 40-55-50. Acts constituting practice as psychologist.
Section 40-55-55. Licensure requirement.
Section 40-55-60. Code of ethics; limits of psychological practice; list of licensed psychologists.
Section 40-55-80. Application for license; qualifications of applicants.
Section 40-55-85. Board to promulgate regulations for continuing education requirements.
Section 40-55-100. Examinations.
Section 40-55-110. Waiver of examination.
Section 40-55-120. Statement of patient rights and procedures for complaints.
Section 40-55-150. Revocation or suspension of license or other disciplinary action; grounds.
Section 40-55-160. Disciplinary action by board; appeal.
Section 40-55-170. Penalties; injunctions.
Section 40-55-180. Areas of specialization.
Section 40-55-190. Health insurer not required to provide or pay for services.
Section 40-55-320. Definitions.
Section 40-55-330. Home state licensure.
Section 40-55-340. Compact privilege to practice telepsychology.
Section 40-55-350. Compact temporary authorization to practice.
Section 40-55-360. Conditions of telepsychology practice in a receiving state.
Section 40-55-370. Adverse actions.
Section 40-55-390. Coordinated licensure information system.
Section 40-55-400. Establishment of the Psychology Interjurisdictional Compact Commission.
Section 40-55-410. Rulemaking.
Section 40-55-420. Oversight; dispute resolution; enforcement.
Section 40-55-430. Date of implementation; associated rules; withdrawal; amendments.