House Bill No. 5537 seeks to expand the prescriptive authority of psychologists in Texas by creating a new framework for issuing prescription certificates and conditional prescription certificates. The bill amends the definition of the "practice of psychology" to include actions taken under a newly established Subchapter H-1, which governs this prescriptive authority. It also introduces an advisory committee composed of members from diverse backgrounds in psychology and related fields to provide recommendations on the regulation of psychologists with prescriptive authority. Key provisions include eligibility requirements for psychologists to obtain conditional prescription certificates, which allow them to prescribe psychotropic medications under supervision, and mandates for notifying a patient's primary care practitioner when a prescription is issued.
Additionally, the bill amends existing laws regarding the prescribing authority of psychologists and the regulation of controlled substances. It clarifies that primary care practitioners are not liable for actions taken by prescribing psychologists based solely on notification from the psychologist and specifies that psychologists are not required to obtain approval from a patient's primary care practitioner before prescribing. The bill also expands the definition of "practitioner" to include psychologists and outlines the responsibilities of supervising clinicians, emphasizing patient safety and informed consent. Furthermore, it establishes timelines for the Texas Behavioral Health Executive Council to appoint advisory committee members and adopt necessary rules, with the act set to take effect on September 1, 2025.
Statutes affected: Introduced: Occupations Code 501.003, Occupations Code 501.051, Health and Safety Code 481.002, Health and Safety Code 157.0511, Health and Safety Code 481.076, Health and Safety Code 483.001, Occupations Code 301.002, Occupations Code 551.003 (Health and Safety Code 157, Health and Safety Code 481, Health and Safety Code 483, Occupations Code 501, Occupations Code 551, Occupations Code 301)