The SC Psychological Association has an update on the PSYPACT legislation and when it will be active in South Carolina. Unfortunately, it will not be active until important technical corrections are made.
During the legislative process, the location of PSYPACT was inadvertently changed from GA to SC. This was discovered after the bill was passed through the SC House of Representatives and the SC Senate and therefore difficult to change language at this point of the legislative process. After Governor McMaster signed the bill, PSYPACT Executive Board met in June 2022 and August 2022 to deliberate over this issue. For this piece of legislation to be active and legal those two areas need to be changed. Therefore, the bill has to go through the legislative process again.
See changes needed below:
Section 40-55-420 B 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.
Section 40-55-420 D2: 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.
In both places, South Carolina should have been Georgia. With these changes, the PSYPACT-ASPPB Executive Board reviewed the legislation based on Rule 10.5 of the PSYPACT Commission https://cdn.ymaws.com/psypact.site-ym.com/resource/resmgr/Rule_10_-_Rule_on_PSYPACT_Co.pdf).
The SC Psychological Association representatives will meet with the SC House of Representatives to make these changes and reintroduce this piece of legislation when the SC Legislature reconvenes in January 2023 . This will be a new bill; therefore, a new bill number will be attached to it. The SC Psychological Association will notify you when the new bill number is assigned. The SC Psychological Association anticipates this will be a quick process as it is a minimal change to the bill. Please contact your local and state representatives so they aware PSYPACT is being reintroduced for these technical corrections. To find your legislator, visit South Carolina Legislature Online – Find Your Legislators (scstatehouse.gov). The SC Psychological Association will follow this legislative process closely as it is reintroduced and update you in a timely manner.
Unfortunately, PSYPACT is not active in the state of South Carolina and therefore we cannot participate in PSYPACT at this time.
The SC Psychological Association appreciates your patience and support in this matter as it continues to work for you.
SCPA Board of Directors.