1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 403 By: Pemberton
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6 AS INTRODUCED
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7 An Act relating to the practice of psychology;
7 defining terms; allowing licensed psychologist to
8 prescribe psychotropic drugs under certain
8 conditions; providing for application for conditional
9 prescription certificate; stating application
9 criteria; providing for issuance of, expiration of,
10 and reapplication for certificate; listing conditions
10 under which licensed psychologist may prescribe
11 psychotropic drugs under conditional prescription
11 certificate; providing certain immunity; providing
12 for application for prescription certificate; stating
12 application criteria; listing conditions under which
13 licensed psychologist may prescribe psychotropic
13 drugs under prescription certificate; directing
14 promulgation of rules; providing for codification;
14 and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 1371.1 of Title 59, unless there
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20 is created a duplication in numbering, reads as follows:
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21 As used in this act:
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22 1. “Board” means, unless otherwise explicitly stated, the State
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23 Board of Examiners of Psychologists;
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 1 2. “Conditional prescription certificate” means a document
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2 issued by the State Board of Examiners of Psychologists to a
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3 licensed psychologist that permits the holder to prescribe
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4 psychotropic medication under the supervision of a supervising
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5 physician pursuant to this act;
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6 3. “Prescription certificate” means a document issued by the
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7 State Board of Examiners of Psychologists to a licensed psychologist
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8 that permits the holder to prescribe psychotropic medication
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9 pursuant to this act;
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10 4. “Psychologist” has the same meaning as provided in Section
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11 1352 of Title 59 of the Oklahoma Statutes;
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12 5. “Psychotropic medication” means a controlled substance or
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13 drug that may not be dispensed or administered without a
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14 prescription and whose primary use has been approved by the federal
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15 Food and Drug Administration for the treatment of mental disorders
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16 or is listed as a psychotherapeutic agent in Drug Facts and
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17 Comparisons 2017, or the most recent edition of that book, or in
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18 American Hospital Formulary Service Drug Information, and includes
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19 antidepressants, anti-anxiety, stimulants, antipsychotics, and mood
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20 stabilizers; and
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21 6. “Supervising physician” means a licensed allopathic
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22 physician or osteopathic physician who is supervising a psychologist
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23 in the prescribing of psychotropic medication under this act.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1371.2 of Title 59, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A licensed psychologist holding a conditional prescription
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5 certificate may prescribe psychotropic medication under the
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6 supervision of a supervising physician pursuant to this act.
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7 B. A licensed psychologist holding a prescription certificate
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8 may prescribe psychotropic medication independent of the supervision
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9 of a supervising physician pursuant to this act.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1371.3 of Title 59, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. A psychologist may apply to the State Board of Examiners of
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14 Psychologists for a conditional prescription certificate. The
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15 application shall be made on a form approved by the Board and be
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16 accompanied by evidence satisfactory to the Board that the
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17 applicant:
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18 1. Has completed a doctoral program in psychology from an
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19 accredited institution of higher education or professional school,
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20 or, if the program was not accredited at the time of the applicant’s
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21 graduation, that the program meets professional standards determined
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22 acceptable by the Board;
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23 2. Holds a current license to practice psychology in this
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24 state;
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 1 3. Has successfully completed a postdoctoral master of science
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2 degree in psychopharmacology from an institution of higher education
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3 approved by the State Board of Examiners of Psychologists, the State
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4 Board of Medical Licensure and Supervision, and the State Board of
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5 Osteopathic Examiners;
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6 4. Has passed a national certification examination approved by
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7 the State Board of Examiners of Psychologists, the State Board of
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8 Medical Licensure and Supervision, and the State Board of
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9 Osteopathic Examiners that tests the applicant’s knowledge of
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10 pharmacology in the diagnosis, care, and treatment of mental
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11 disorders;
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12 5. Within the five (5) years immediately preceding the date of
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13 application, has successfully completed an organized program of
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14 education approved by the State Board of Examiners of Psychologists,
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15 the State Board of Medical Licensure and Supervision, and the State
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16 Board of Osteopathic Examiners and consisting of didactic
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17 instruction of no fewer than four hundred fifty (450) classroom
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18 hours in at least the following core areas of instruction:
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19 a. neuroscience,
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20 b. pharmacology,
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21 c. psychopharmacology,
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22 d. physiology,
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23 e. pathophysiology,
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 1 f. appropriate and relevant physical and laboratory
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2 assessment, and
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3 g. clinical pharmacotherapeutics;
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4 6. Within the five (5) years immediately preceding the date of
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5 application, has been certified by each of the applicant’s
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6 supervising physicians as having successfully completed a supervised
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7 and relevant clinical experience, approved by the State Board of
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8 Examiners of Psychologists, the State Board of Medical Licensure and
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9 Supervision, and the State Board of Osteopathic Examiners of:
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10 a. no less than an eighty-hour practicum in clinical
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11 assessment and pathophysiology under the supervision
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12 of a licensed allopathic or osteopathic physician, and
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13 b. an additional supervised practicum of at least four
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14 hundred (400) hours treating no fewer than one hundred
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15 patients with mental disorders, the practicum to have
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16 been supervised by any one or a combination of a
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17 psychiatrist or other appropriately trained licensed
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18 allopathic or osteopathic physician and determined by
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19 the State Board of Examiners of Psychologists, the
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20 State Board of Medical Licensure and Supervision, and
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21 the State Board of Osteopathic Examiners to be
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22 sufficient to competently train the applicant in the
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23 treatment of a diverse patient population. One-to-one
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 1 supervision shall be provided either face-to-face,
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2 telephonically or by video conference.
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3 B. The State Board of Examiners of Psychologists shall issue a
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4 conditional prescription certificate if it finds that the applicant
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5 has met the requirements of subsection A of this section. The
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6 certificate shall be valid for a period of two (2) years, at the end
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7 of which the holder may again apply pursuant to the provisions of
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8 subsection A of this section.
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9 C. A psychologist with a conditional prescription certificate
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10 may prescribe psychotropic medication under the supervision of a
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11 supervising physician subject to the following conditions:
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12 1. The psychologist shall continue to hold a current license to
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13 practice psychology in this state and shall maintain malpractice
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14 insurance in accordance with rules prescribed by the Board;
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15 2. The psychologist shall notify the Board of the name of the
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16 psychologist’s supervising physician; and
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17 3. A supervising physician shall notify the supervising
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18 physician’s own licensing board of the name of each psychologist
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19 under the supervising physician’s supervision.
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20 D. A supervising physician shall not be liable for the acts of
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21 a psychologist under the supervising physician’s supervision unless
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22 the injury or loss arises from those acts under the direction and
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23 control of the supervising physician.
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 1 SECTION 4. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1371.4 of Title 59, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A psychologist may apply to the State Board of Examiners of
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5 Psychologists for a prescription certificate. The application shall
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6 be made on a form approved by the Board and be accompanied by
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7 evidence satisfactory to the Board that the applicant:
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8 1. Has been issued a conditional prescription certificate and
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9 has successfully completed two (2) years of prescribing psychotropic
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10 medication as certified by the supervising physician;
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11 2. Has successfully undergone a process of independent peer
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12 review approved by the State Board of Examiners of Psychologists,
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13 the State Board of Medical Licensure and Supervision, and the State
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14 Board of Osteopathic Examiners;
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15 3. Holds a current license to practice psychology in this
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16 state;
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17 4. Has malpractice insurance in place, sufficient to satisfy
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18 the rules adopted by the State Board of Examiners of Psychologists,
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19 that will cover the applicant as a prescribing psychologist; and
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20 5. Meets all other requirements, as determined by rules of the
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21 State Board of Examiners of Psychologists, for obtaining a
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22 prescription certificate.
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 1 B. The State Board of Examiners of Psychologists shall issue a
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2 prescription certificate if it finds that the applicant has met the
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3 requirements of subsection A of this section.
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4 C. A psychologist with a prescription certificate may prescribe
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5 psychotropic medication pursuant to the provisions of this act if
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6 the psychologist:
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7 1. Continues to hold a current license to practice psychology
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8 in this state and continues to maintain malpractice insurance; and
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9 2. Annually satisfies the continuing education requirements for
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10 prescribing psychologists, as set by the Board, which shall be no
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11 fewer than twenty (20) hours each year.
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12 SECTION 5. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 1371.5 of Title 59, unless there
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14 is created a duplication in numbering, reads as follows:
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15 A. The State Board of Examiners of Psychologists shall
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16 promulgate rules providing for the procedures to be followed in
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17 obtaining a conditional prescription certificate, a prescription
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18 certificate, and renewals of a prescription certificate. The Board
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19 may set reasonable application and renewal fees.
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20 B. The State Board of Examiners of Psychologists shall
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21 promulgate rules establishing the grounds for denial, suspension, or
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22 revocation of conditional prescription certificates and prescription
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23 certificates authorized to be issued pursuant to this act, including
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24 a provision for suspension or revocation of a license to practice
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 1 psychology upon suspension or revocation of a certificate. Actions
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2 of denial, suspension, or revocation of a certificate shall be in
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3 accordance with the Administrative Procedures Act.
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4 SECTION 6. This act shall become effective November 1, 2023.
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6 59-1-910 DC 1/16/2023 12:26:09 PM
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