SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
SENATE BILL 117
56th legislature - STATE OF NEW MEXICO - first session, 2023
AN ACT
RELATING TO LICENSURE; ENACTING THE PRESCRIBING PSYCHOLOGIST PRACTICE ACT; CREATING THE PRESCRIBING PSYCHOLOGIST ADVISORY COUNCIL; REQUIRING THE NEW MEXICO MEDICAL BOARD TO ADMINISTER THE PRESCRIBING PSYCHOLOGIST PRACTICE ACT; AMENDING THE PROFESSIONAL PSYCHOLOGIST ACT TO REMOVE PRESCRIBING PSYCHOLOGISTS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 1 through 8 of this act may be cited as the "Prescribing Psychologist Practice Act"."
SECTION 2. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Prescribing Psychologist Practice Act:
A. "board" means the New Mexico medical board;
B. "board-approved prescribing psychologist supervisor" means a licensed prescribing psychologist who, after five years of practice after being licensed without condition, has applied to the board to supervise prescribing psychologists with conditions;
C. "independently licensed prescribing clinician" means a:
(1) licensed physician;
(2) osteopathic physician;
(3) nurse practitioner;
(4) psychiatric nurse practitioner; or
(5) clinical nurse specialist;
D. "licensed" means a person licensed by the board to practice as a prescribing psychologist or a prescribing psychologist with conditions;
E. "practice of psychology" means the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods and procedures for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health; and further means the rendering of such psychological services to individuals, families or groups regardless of whether payment is received for services rendered. The practice of psychology includes psychological testing or neuropsychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior analysis and therapy; diagnosis and treatment of a mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct and the psychological aspects of physical illness, accident, injury and disability; and psychoeducational evaluation, therapy, remediation and consultation;
F. "prescribing psychologist" means a licensed psychologist who is trained in clinical psychopharmacology, engages in the practice of psychology and holds the authority to administer, prescribe, count and distribute without charge medication to treat mental illness consistent with the standards of practice for clinical psychopharmacology;
G. "prescribing psychologist with conditions" means a license issued by the board to a licensed psychologist that permits the holder to practice psychology and to prescribe and administer psychotropic medication to treat mental illness consistent with the standards of practice for the profession of clinical psychopharmacology while under the supervision of a board-approved supervising clinician pursuant to the Prescribing Psychologist Practice Act;
H. "psychologist" means a person who engages in the practice of psychology or holds the person's self out to the public by any title or description of services representing the person as a psychologist, which incorporates the words "psychological", "psychologist" or "psychology", or when a person describes the person's self as above and, under such title or description, offers to render or renders services involving the application of principles, methods and procedures of the science and profession of psychology to persons for compensation or other personal gain;
I. "psychotropic medication" means a controlled substance or dangerous drug that may not be dispensed or administered without a prescription but is limited to only those agents related to the diagnosis and treatment or management of mental, nervous, emotional, behavioral, substance abuse or cognitive disorders, including the management of or protection from side effects that result from the use of those agents, whose use is consistent with the standards of practice for clinical psychopharmacology;
J. "school" means a university or other institution of higher education that is regionally accredited and that offers a full-time graduate course of study in psychology as defined by rule of the board or that is approved by the American psychological association; and
K. "supervising clinician" means a licensed physician, osteopathic physician, nurse practitioner, psychiatric nurse practitioner or clinical nurse specialist or board-approved prescribing psychologist supervisor who is supervising a psychologist in the prescribing of medication to treat mental illness consistent with the standards of practice for clinical psychopharmacology."
SECTION 3. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] BOARD DUTIES.--By November 11, 2023, the board shall:
A. pursuant to the State Rules Act, promulgate rules as necessary to implement the Prescribing Psychologist Practice Act, including rules for the initial licensure, renewal and certification of prescribing psychologists;
B. establish standards of prescribing psychology practice in accordance with those developed and accepted by the profession;
C. develop educational requirements for the expansion of the scope of practice of prescribing psychology;
D. examine, approve, deny, revoke, suspend and renew the licenses of prescribing psychologists;
E. conduct hearings pursuant to the Uniform Licensing Act upon complaints concerning the disciplining of a prescribing psychologist;
F. prosecute and enjoin persons alleged to be in violation of the Prescribing Psychologist Practice Act; and
G. set fees for licensure of prescribing psychologists; provided that the fees do not to exceed:
(1) seven hundred fifty dollars ($750) for a triennial prescribing psychologist license; and
(2) one hundred dollars ($100) for a two-year prescribing psychologist with conditions license."
SECTION 4. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] DRUGS--MEDICINES.--
A. A prescribing psychologist with conditions may prescribe and administer psychotropic medication, including intramuscular injections to include antipsychotic medication and injectable naltrexone, under the supervision of a supervising clinician.
B. A prescribing psychologist may prescribe, count and administer psychotropic medication, including intramuscular injections to include antipsychotic medications and injectable naltrexone."
SECTION 5. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] LICENSURE APPLICATION--REQUIREMENTS--RULEMAKING--ISSUANCE, DENIAL, RENEWAL AND REVOCATION OF LICENSE.--
A. A psychologist may apply to the board for a prescribing psychologist license. The application shall be made on a form approved by the board and be accompanied by evidence satisfactory to the board that the applicant:
(1) holds a current license to practice psychology in New Mexico;
(2) has successfully completed pharmacological training from an institution of higher education approved by the board;
(3) has passed a national certification examination approved by the association of state and provincial psychology boards or successor organizations that tests the applicant's proficiency and knowledge of psychopharmacology in the diagnosis, care and treatment of mental disorders;
(4) within the five years immediately preceding the date of application, has successfully completed an organized program of education approved by the board and consisting of didactic instruction of no fewer than four hundred fifty classroom hours in at least the following core areas of instruction:
(a) neuroscience;
(b) pharmacology;
(c) psychopharmacology;
(d) physiology;
(e) pathophysiology;
(f) appropriate and relevant physical and laboratory assessment; and
(g) clinical pharmacotherapeutics;
(5) within the five years immediately preceding the date of application, has been certified by each of the applicant's supervising independently licensed prescribing clinicians as having successfully completed a supervised and relevant clinical experience, approved by the board, of:
(a) no less than an eighty-hour practicum in clinical assessment and pathophysiology under the supervision of an approved supervising clinician; and
(b) an additional supervised practicum of at least four hundred hours treating no fewer than one hundred patients with mental disorders, which is supervised, either in person, telephonically or by video conference, by a board-approved supervising clinician determined to be competent to train the applicant in the treatment of a diverse patient population;
(6) has malpractice insurance sufficient to satisfy the rules adopted by the board and provides coverage of the applicant during the period that the license is active; and
(7) meets all other requirements as determined by rule of the board for obtaining a prescribing psychologist license.
B. The board shall issue a prescribing psychologist license with conditions if it finds that the applicant has met the requirements of Subsection A of this section. The license shall be valid for a period of two years, at the end of which the holder may reapply pursuant to Subsection A of this section. A prescribing psychologist with conditions may prescribe psychotropic medication under the supervision of a supervising clinician subject to the following conditions:
(1) the psychologist shall notify the board of the name of the psychologist's supervising clinician; and
(2) a supervising clinician shall notify the supervising clinician's own licensing board of the name of each psychologist under the supervising clinician's supervision.
C. A supervising clinician shall not be liable for the acts of a prescribing psychologist under the supervising clinician's supervision unless the injury or loss arises from those acts under the direction and control of the supervising clinician.
D. A prescribing psychologist may prescribe psychotropic medication pursuant to the provisions of the Prescribing Psychologist Practice Act if the psychologist annually satisfies the continuing education requirements for psychologists as set by the board, which shall be no fewer than twenty hours and no more than twenty-five hours each year.
E. The board shall promulgate rules providing for the procedures to be followed in obtaining a prescribing psychologist license.
F. The board shall promulgate rules establishing the grounds for denial, suspension or revocation of prescribing psychologist with conditions and prescribing psychologist licenses authorized to be issued pursuant to this section, including a provision for suspension or revocation of a license to practice psychology upon suspension or revocation of a prescribing psychologist or prescribing psychologist with conditions license. Actions of denial, suspension or revocation of a license shall be in accordance with the Medical Practice Act."
SECTION 6. A new section of Chapter 61 NMSA 1978 is enacted to read:
"[NEW MATERIAL] PRESCRIBING PRACTICES.--
A. A prescribing psychologist or a prescribing psychologist with conditions may prescribe and administer medication to treat mental illness within the recognized scope of clinical psychophar