Bill Text: NY A06132 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides for the certification of psychologists to prescribe drugs.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced) 2019-02-28 - referred to higher education [A06132 Detail]

Download: New_York-2019-A06132-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 28, 2019
        Introduced  by  M.  of A. McDONALD, MOSLEY, GOTTFRIED, STECK, MORINELLO,
          sored  by  --  M. of A.  BLANKENBUSH, CROUCH, HYNDMAN -- read once and
          referred to the Committee on Higher Education
        AN ACT to amend the education law,  in  relation  to  granting  licensed
          psychologists prescriptive authority
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 7601-a of the education law, as  added  by  chapter
     2  676 of the laws of 2002, is amended to read as follows:
     3    § 7601-a. Definition of the practice of psychology. 1. The practice of
     4  psychology  is the observation, description, evaluation, interpretation,
     5  and modification of behavior for the purpose of preventing or  eliminat-
     6  ing  symptomatic, maladaptive or undesired behavior; enhancing interper-
     7  sonal relationships, personal, group or organizational effectiveness and
     8  work and/or life adjustment;  and  improving  behavioral  health  and/or
     9  mental  health.  The practice includes, but is not limited to psycholog-
    10  ical (including neuropsychological) testing and counseling;  psychoanal-
    11  ysis;  psychotherapy;  the  diagnosis  and treatment of mental, nervous,
    12  emotional, cognitive or behavioral disorders, disabilities, ailments  or
    13  illnesses,  alcoholism,  substance abuse, disorders of habit or conduct,
    14  the psychological aspects of physical illness, accident, injury or disa-
    15  bility, psychological aspects of  learning  (including  learning  disor-
    16  ders);  [and]  the  use  of  accepted  classification  systems;  and the
    17  prescription of appropriate drugs in accordance with section seventy-six
    18  hundred one-b of this article.  The prescription of drugs by a  psychol-
    19  ogist  is  authorized  only in accordance with the provisions of section
    20  seventy-six hundred one-b of this article and the regulations promulgat-
    21  ed pursuant thereto.
    22    2. The term "diagnosis and treatment" means the appropriate psycholog-
    23  ical diagnosis and the ordering or providing of treatment  according  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6132                             2
     1  need. Treatment includes, but is not limited to counseling, psychothera-
     2  py,  marital  or family therapy, psychoanalysis, and other psychological
     3  interventions, including verbal, behavioral, or other appropriate  means
     4  as  defined  in  regulations  promulgated  by  the commissioner; and for
     5  psychologists certified pursuant to section seventy-six hundred one-b of
     6  this article, the prescription of drugs.
     7    § 2. The education law is amended by adding a new  section  7601-b  to
     8  read as follows:
     9    §  7601-b. Certification to use therapeutic drugs.  1. Definitions. As
    10  used in this section, the following terms shall have the following mean-
    11  ings:
    12    a. "Board" means the state board for psychology.
    13    b. "Controlled  substance"  means  any  drug  substance  or  immediate
    14  precursor  enumerated  in  schedules  1-5  of  the U.S. Drug Enforcement
    15  Administration Controlled Substance Act and as provided for  in  article
    16  thirty-three of the public health law.
    17    c.  "Psychologists  authorized  to  prescribe"  means any psychologist
    18  licensed pursuant to this article who has undergone  specialized  educa-
    19  tion  and  training in preparation for prescriptive practice and who has
    20  passed an examination accepted by the  board  relevant  to  establishing
    21  competence  for  prescribing,  and  who  has  received  from the board a
    22  certificate granting prescriptive authority, which has not been  revoked
    23  or suspended.
    24    d.  "Clinical experience" means a period of supervised clinical train-
    25  ing and practice in  which  clinical  diagnoses  and  interventions  are
    26  learned  and  which are conducted and supervised as part of the training
    27  program.
    28    e. "Prescription" is an order for a  drug,  laboratory  test,  or  any
    29  medicine,  device  or  treatment,  including controlled substances, such
    30  terms as defined in article one hundred thirty-seven of this title.
    31    f. "Prescriptive authority" means the authority to prescribe, adminis-
    32  ter, discontinue and/or distribute without charge, drugs  or  controlled
    33  substances recognized in or customarily used in the diagnosis, treatment
    34  and management of individuals with psychiatric, mental, cognitive, nerv-
    35  ous,  emotional  or  behavioral  disorders, or other procedures directly
    36  related thereto within the scope of practice of psychology in accordance
    37  with rules and regulations adopted by the board.
    38    2. Certification. a. The board shall certify licensed psychologists to
    39  exercise prescriptive authority in accordance with the applicable feder-
    40  al laws, and the provisions of article one hundred thirty-seven of  this
    41  title and article thirty-three of the public health law.
    42    b.  The board shall develop and implement procedures for reviewing the
    43  education and training credentials for such  certification  process,  in
    44  accordance with the standards of professional practice.
    45    3.  Initial  application  requirements  for  prescriptive authority. A
    46  psychologist licensed pursuant to this article who applies for prescrip-
    47  tive authority shall demonstrate all of the following by official  tran-
    48  script or other official evidence satisfactory to the board:
    49    a.  The  psychologist  must  hold a current license issued pursuant to
    50  this article to provide health care services as a  psychologist  in  the
    51  state;
    52    b.  As defined by the board, and consistent with the established poli-
    53  cies of the American Psychological Association for educating and  train-
    54  ing psychologists in preparation for prescriptive authority:
    55    (i)  The  psychologist  must  have  completed an organized sequence of
    56  study in an organized program offering intensive didactic education, and

        A. 6132                             3
     1  including the following core areas of instruction: basic life  sciences,
     2  neurosciences,  clinical and research pharmacology and psychopharmacolo-
     3  gy, clinical medicine and pathophysiology, physical assessment and labo-
     4  ratory  exams,  clinical  pharmacotherapeutics,  research, professional,
     5  ethical and legal issues. The didactic portion of  the  education  shall
     6  consist of an appropriate number of didactic hours to ensure acquisition
     7  of  the necessary knowledge and skills to prescribe in a safe and effec-
     8  tive manner; and
     9    (ii) The psychologist must have obtained relevant clinical  experience
    10  sufficient  to  attain competency in the psychopharmacological treatment
    11  of a diverse patient population under the direction of qualified practi-
    12  tioners as determined by the board;
    13    c. The psychologist must pass an examination developed by a nationally
    14  recognized body (e.g., the American Psychological Association's Practice
    15  Organization's College of Professional Psychology) and approved  by  the
    16  board.
    17    4. Renewal of prescriptive authority.  a. The board shall prescribe by
    18  rule  a  method for the renewal of prescriptive authority at the time of
    19  or in conjunction with the renewal of licenses issued pursuant  to  this
    20  article.
    21    b.  Each applicant for renewal of prescriptive authority shall present
    22  satisfactory evidence to the board demonstrating the completion of twen-
    23  ty-five contact hours of continuing education  instruction  relevant  to
    24  prescriptive authority during the previous licensure renewal period.
    25    5.  Prescribing  practices.   a. Psychologists authorized to prescribe
    26  shall  be  authorized  to  prescribe,  administer,  discontinue   and/or
    27  distribute  without charge, drugs or controlled substances recognized in
    28  or customarily used in the diagnosis, treatment and management of  indi-
    29  viduals  with  psychiatric,  mental,  cognitive,  nervous,  emotional or
    30  behavioral disorders and relevant to  the  practice  of  psychology,  or
    31  other  procedures  directly related thereto within the scope of practice
    32  of psychology in accordance with rules and regulations  adopted  by  the
    33  board.
    34    b.  No psychologist shall issue a prescription unless the psychologist
    35  holds a valid certificate of prescriptive authority.
    36    c. Each prescription issued by a prescribing psychologist shall:
    37    (i) Comply with all applicable state and federal laws and  regulations
    38  relating to such prescription; and
    39    (ii)  Be identified as written by the prescribing psychologist in such
    40  manner as determined by the board in accordance with title four of arti-
    41  cle thirty-three of the public health law.
    42    d. A record of all prescriptions shall be maintained in the  patient's
    43  record.
    44    e.  A psychologist shall not delegate the authority to prescribe drugs
    45  to any other person.
    46    6. Controlled substance prescriptive authority. a.  When authorized to
    47  prescribe controlled substances, psychologists authorized  to  prescribe
    48  shall file in a timely manner their Drug Enforcement Agency registration
    49  and number with the board.
    50    b.  The  board  shall  maintain  current records of every psychologist
    51  authorized to prescribe, including his or her  Drug  Enforcement  Agency
    52  registration and number.
    53    7.  Interaction  with  the state board of pharmacy. a. The board shall
    54  transmit to the state board of pharmacy an initial list of psychologists
    55  authorized to prescribe containing the following information:
    56    (i) the name of the psychologist;

        A. 6132                             4
     1    (ii) the psychologist's identification number assigned by  the  board;
     2  and
     3    (iii) the effective date of prescriptive authority.
     4    b. The board shall promptly forward to the state board of pharmacy any
     5  additions to the initial list as new certificates are issued.
     6    c.  The  board  shall  notify  the state board of pharmacy in a timely
     7  manner upon termination, suspension or reinstatement of a psychologist's
     8  prescriptive authority.
     9    8. Powers and duties of the board.  The board shall  promulgate  rules
    10  and regulations for denying, modifying, suspending or revoking the pres-
    11  criptive authority or license of a psychologist authorized to prescribe.
    12  The  board shall also have the power to require remediation of any defi-
    13  ciencies in the training or practice pattern of the medical psychologist
    14  or prescribing psychologist when, in the judgment  of  the  board,  such
    15  deficiencies  could  reasonably  be  expected  to jeopardize the health,
    16  safety or welfare of the public.
    17    § 3. This act shall take effect on the first of January next  succeed-
    18  ing  the date on which it shall have become a law.  Effective immediate-
    19  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    20  necessary  for  the implementation of this act on its effective date are
    21  authorized and directed to be made  and  completed  on  or  before  such
    22  effective date.