SB 911

This bill requires t he board of examiners in psychology ("board"") to certify doctoral-level psychologists to exercise prescriptive authority . The board must develop and implement rules for reviewing education and training credentials for the certification process, in accordance with current standards of professional psych ological practice. ADVANCED CERTIFICATE APPLICA TION Eligibility This bill requires a psychologist who applies for prescriptive authority to demonstrate the following by official transcript or other official evidence satisfactory to the board:  The psychologist hold s a current license at the doctoral level to provide healthcare services as a psychologist in this state .  The psychologist has a current certificate to prescribe from the board, which authorizes a licensed health service provider to prescribe psychotropic medication under supervision by a physician.  The psychologist has completed an educational program leading to a post-doctoral master's degree in clinical psychopharmacology from a regionally accredited college or university, or its equivalent as determined by the board, which offers intensive didactic education of at least 450 patient contact hours, and includes certain core subjects.  The psychologist pass ed a prescribing examination developed by a nationally recognized body and approved by the board .  The psychologist has completed a fellowship of at least one year in length, completing psychopharmacological evaluations of a minimum of 100 patients under the supervision of a physician or prescribing psychologist. Upon completion of such requirements, this bill authorizes a psychologist to apply to the board for an advanced certificate to prescribe as a prescribing psychologist in such manner as the board may require. A prescribing psychologist or medical psychologist who is currently license d in another state or territory that meets the require ments of this bill may apply to the board for an advanced certificate to prescribe as long as the applicant currently holds or obtains a license at the doctoral level to provide healthcare services as a psychologist in this state. Renewal This bill req uires t he board to prescribe by rule a method to renew these advanced certificate s . A prescribing psychologist must fulfill such continuing education requirements for psychologists as required by the board by rule. In addition, each applicant for renewal of prescriptive authority must present satisfactory evidence to the board demonstrating the completion of an additional 20 contact hours of continuing education instruction relevant to prescriptive authority during the previous two-year licensure renewal period. Limitations This bill requires that a prescribing psychologist comply with all of the following:  O nly exercise prescriptive authority and generate prescriptions in accordance with this bill .  Only prescribe drugs utilized for the treatment of behavioral health or mental, nervous, substance abuse, emotional, or cognitive diseases or disorders.  Have a valid advanced certificate to prescribe as a prescribing psychologist or an initial certificate to prescribe.  M aintain a record of each prescription written to a patient in the patient's record. This bill requires e ach prescription issued by a prescribing psychologist to (i) c omply with all applicable state and federal laws and rules; and (ii) b e identified as written by the prescribing psycholog ist in such manner as determined by the board by rule. This bill prohibits a prescribing psychologist from doing any of the following:  Administer ing electroconvulsive therapy .  Prescrib ing a narcotic drug or an opiate .  Prescrib ing medications for patients who are not concurrently under the care of a treating physician or other primary care provider. Controlled and Dangerous Substances Certificate This bill provides that a prescribing psychologist licensed by the board is eligib le for a controlled and dangerous substances certificate issued by this state and the United States drug enforcement agency (DEA) . The board must maintain current records of every psychologist authorized to prescribe, including DEA registration and number. Communications Th is bill requires th e board to transmit to the board of pharmacy a list of prescribing psychologists that contains all of th e following information:  The name of the prescribing psychologist .  The prescribing psychologist's identification number assigned by the board of examiners in psychology .  The effective date of prescriptive authority. Th is bill requires the board to (i) promptly forward to the board of pharmacy additions to the list as new certificates are issued ; and (ii) notify the board of pharmacy in a timely manner upon the termination, suspension, or reinstatement of a prescribing psychologist's prescriptive author ity. Scope This bill provides that it i s considered to be within the scope of practice for a registered nurse, licensed practical nurse, polysomnographer, or other non-prescribing healthcare professional to execute and effectuate a verbal or written or der or direction otherwise within the scope of practice of such healthcare provider when that order is within the scope of practice of psychology and given to the healthcare provider by a psychologist or prescribing psychologist. Rulemaking This bill requires t he board to promulgate rules for denying, modifying, suspending, or revoking the prescriptive authority of a prescribing psychologist. The board may require remediation of any deficiencies in the training or practice pattern of a prescribing psy chologist when, in the judgment of the board, such deficiencies could reasonably be expected to jeopardize the health, safety, or welfare of the public. CRIMINALITY Present law provides that it is an offense for a person to knowingly possess or casually exchange a controlled substance or legend drug, unless the substance was obtained directly through a valid prescription of a practitioner while acting in the course of professional practice. This bill adds prescribing psychologist s to the list of practitioners for such exemption. PRESCRIPTION ORDERS Present law generally regulates pharmacy practice, including the standards for pharmacy orders. Pharmacy orders may be verbal or, if written, must be legible. This bill provides that a prescribing psychologist must adhere to current law pertaining to prescription orders. SUPERVISORY POWERS Present law authorizes the practice of polysomnography, which is generally the practice of sleep studies, to provide sleep-related services under the general s upervision of a licensed physician . This bill adds that such services may also be provided under the supervision of a prescribing psychologist . EXAMINATION ON HUMAN SPECIMENS Present law prohibits a person, except patients who are performing tests on t hemselves by order of their physician, from examin ing human specimens without the written request of a physician, an intern or resident in an American Medical Association (AMA) approved training program, a duly licensed optometrist, a duly licensed dentist, a duly licensed chiropractic physician, or other health care professional legally permitted to submit to a medical laboratory a written request for tests appropriate to that professional's practice, or the written request of a law enforcement officer to test the blood alcohol content of a motor vehicle operator. This bill expands the list of professionals authorized to so examine human specimens to include prescribing psychologists."