BILL NUMBER: S66A
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the education law, in relation to collaborative pres-
criptive authority for psychologists
 
PURPOSE:
To enhance mental health care by providing for prescriptive authority of
psychotropic medications to licensed psychologists that complete appro-
priate post-licensure education and training.
 
SUMMARY OF PROVISIONS:
Section 1: Adds a new section § 7601-b to the education law outlining
the additional educational, training, and clinical requirements for
licensed psychologists to qualify for certification requirements for
licensed psychologists to obtain conditional prescribing certifications
and a certificate of prescriptive authority. The section also sets out
the duties of prescribing psychologists and the responsibilities of the
State Education Department related thereto.
Section 2: Amends § 7602 of the education law to require representation
of prescribing psychologists on the State Board for Psychology.
Section 3: Amends § 7606 of the education law related to exempting
prescribing psychologists from the existing statutory prohibitions on
prescribing medications that is applicable to psychologists.
Section 4. Provides an effective date of the first of January next
succeeding the date on which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
 
JUSTIFICATION:
Doctor shortages and lack of care options have created a very dangerous
mental healthcare crisis in New York State. With resources stretched to
the limit, psychiatrists and other prescribing mental health profes-
sionals are in short supply and the demand far exceeds the capabilities
of the existing network. This short supply is present in all communities
but significantly in our lower economic communities that are medical
deserts. Under this legislation, prescribing psychologists will work
collaboratively with their patients as well as other healthcare provid-
ers in the community. They will conduct a thorough review of a patient's
history and symptom presentation. If they determine that psychotropic
medication may be appropriate for treatment, they will prescribe that
medication but may also recommend a combination of psychotherapy and
pharmacotherapy.
Overwhelmingly, primary care physicians report working with prescribing
psychologists to be of great benefit to them in other states. It is of
note that United States military and civilian psychologists who are
currently permitted to prescribe, have written hundreds of thousands of
prescriptions without a single complaint or malpractice case in 20 years
of work. Prescribing psychologists are dedicated to the highest profes-
sional standards. They spend four times as many didactic hours on the
study Clinical Psychopharmacology than primary care physicians. The
prescriptive authority of psychologists is limited to the medications
that treat mental illnesses and the behavioral disorders. The history of
prescribing psychologists is that they prescribe 60-70% fewer medica-
tions than other health prescribers. Moreover, they will be more likely,
than other health prescribers, to "unprescribe" medications because they
may consider alternative behavioral therapeutic strategies that can be
more effective than medications in some situations, thus reducing side
effect complications. Qualified prescribing psychologists are prescrib-
ing in New Mexico, Louisiana, Illinois, Iowa, as well as in the US Mili-
tary and the Indian Health Service.
 
PRIOR LEGISLATIVE HISTORY:
2014: S.7488
2015-2016: A.9236/S.5824
2017-2018: A.2851/S.4498
2019-2020: A.6132
2021-2022: A.3205
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

Statutes affected:
S66: 7601-a education law
S66A: 7602 education law, 7606 education law, 7606(1) education law