Bill Text: IA SSB1093 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to prescription authority for certain psychologists and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-09 - 11:30AM; Senate Lobbyist Lounge Human Resources. [SSB1093 Detail]
Download: Iowa-2015-SSB1093-Introduced.html
Senate
Study
Bill
1093
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MATHIS)
A
BILL
FOR
An
Act
relating
to
prescription
authority
for
certain
1
psychologists
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1910SC
(2)
86
rh/nh
S.F.
_____
Section
1.
Section
123.3,
subsection
35,
Code
2015,
is
1
amended
to
read
as
follows:
2
35.
“Pharmacy”
means
a
drug
store
in
which
drugs
and
3
medicines
are
exposed
for
sale
and
sold
at
retail,
or
in
which
4
prescriptions
of
licensed
physicians
and
surgeons,
dentists,
5
prescribing
psychologists,
or
veterinarians
are
compounded
and
6
sold
by
a
registered
pharmacist.
7
Sec.
2.
Section
124.101,
subsection
26,
paragraph
a,
Code
8
2015,
is
amended
to
read
as
follows:
9
a.
A
physician,
dentist,
podiatric
physician,
prescribing
10
psychologist,
veterinarian,
scientific
investigator
or
11
other
person
licensed,
registered
,
or
otherwise
permitted
to
12
distribute,
dispense,
conduct
research
with
respect
to
,
or
to
13
administer
a
controlled
substance
in
the
course
of
professional
14
practice
or
research
in
this
state.
15
Sec.
3.
Section
147.107,
subsections
1
and
2,
Code
2015,
are
16
amended
to
read
as
follows:
17
1.
A
person,
other
than
a
pharmacist,
physician,
18
dentist,
podiatric
physician,
prescribing
psychologist,
or
19
veterinarian
who
dispenses
as
an
incident
to
the
practice
of
20
the
practitioner’s
profession,
shall
not
dispense
prescription
21
drugs
or
controlled
substances.
22
2.
a.
A
pharmacist,
physician,
dentist,
or
podiatric
23
physician
,
or
prescribing
psychologist
who
dispenses
24
prescription
drugs,
including
but
not
limited
to
controlled
25
substances,
for
human
use,
may
delegate
nonjudgmental
26
dispensing
functions
to
staff
assistants
only
when
verification
27
of
the
accuracy
and
completeness
of
the
dispensing
is
28
determined
by
the
pharmacist
or
practitioner
in
the
29
pharmacist’s
or
practitioner’s
physical
presence.
However,
the
30
physical
presence
requirement
does
not
apply
when
a
pharmacist
31
or
practitioner
is
utilizing
an
automated
dispensing
system
or
32
when
a
pharmacist
is
utilizing
a
tech-check-tech
program,
as
33
defined
in
section
155A.3
.
When
using
an
automated
dispensing
34
system
the
pharmacist
or
practitioner
shall
utilize
an
35
-1-
LSB
1910SC
(2)
86
rh/nh
1/
11
S.F.
_____
internal
quality
control
assurance
plan
that
ensures
accuracy
1
for
dispensing.
When
using
a
tech-check-tech
program
the
2
pharmacist
shall
utilize
an
internal
quality
control
assurance
3
plan,
in
accordance
with
rules
adopted
by
the
board
of
4
pharmacy,
that
ensures
accuracy
for
dispensing.
Verification
5
of
automated
dispensing
and
tech-check-tech
accuracy
and
6
completeness
remains
the
responsibility
of
the
pharmacist
or
7
practitioner
and
shall
be
determined
in
accordance
with
rules
8
adopted
by
the
board
of
pharmacy,
the
board
of
medicine,
the
9
dental
board,
and
the
board
of
podiatry
,
and
the
board
of
10
psychology
for
their
respective
licensees.
11
b.
A
dentist,
physician,
or
podiatric
physician
,
or
12
prescribing
psychologist
who
dispenses
prescription
drugs,
13
other
than
drug
samples,
pursuant
to
this
subsection
,
shall
14
report
the
fact
that
they
dispense
prescription
drugs
with
the
15
practitioner’s
respective
board
at
least
biennially.
16
c.
A
physician,
dentist,
or
podiatric
physician
,
or
17
prescribing
psychologist
who
dispenses
prescription
drugs,
18
other
than
drug
samples,
pursuant
to
this
subsection
,
shall
19
offer
to
provide
the
patient
with
a
written
prescription
that
20
may
be
dispensed
from
a
pharmacy
of
the
patient’s
choice
or
21
offer
to
transmit
the
prescription
orally,
electronically,
or
22
by
facsimile
in
accordance
with
section
155A.27
to
a
pharmacy
23
of
the
patient’s
choice.
24
Sec.
4.
NEW
SECTION
.
148.13A
Authority
of
board
as
to
25
supervising
physicians
under
chapter
154B.
26
The
board
of
medicine
shall
establish
by
rule
specific
27
procedures
for
consulting
with
and
considering
the
advice
of
28
the
board
of
psychology
in
determining
whether
to
initiate
29
a
disciplinary
proceeding
under
chapter
17A
against
a
30
licensed
physician
in
a
matter
involving
the
supervision
of
a
31
psychologist
prescribing
medication
pursuant
to
a
conditional
32
prescription
certificate
under
chapter
154B.
33
Sec.
5.
Section
154B.1,
Code
2015,
is
amended
to
read
as
34
follows:
35
-2-
LSB
1910SC
(2)
86
rh/nh
2/
11
S.F.
_____
154B.1
Definition
Definitions
.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Board”
means
the
board
of
psychology
created
under
4
chapter
147.
5
2.
“Collaborative
relationship”
means
a
cooperative
6
working
relationship
between
a
prescribing
psychologist
or
a
7
psychologist
with
a
conditional
prescription
certificate
and
a
8
licensed
physician
in
the
provision
of
patient
care,
including
9
diagnosis
and
cooperation
in
the
management
and
delivery
of
10
physical
and
mental
health
care.
11
3.
“Conditional
prescription
certificate”
means
a
document
12
issued
by
the
board
to
a
licensed
psychologist
that
permits
13
the
holder
to
prescribe
psychotropic
medication
under
the
14
supervision
of
a
licensed
physician
pursuant
to
this
chapter.
15
4.
“Practice
of
psychology”
means
the
application
of
16
established
principles
of
learning,
motivation,
perception,
17
thinking,
and
emotional
relations
to
problems
of
behavior
18
adjustment,
group
relations,
and
behavior
modification,
19
by
persons
trained
in
psychology
for
compensation
or
other
20
personal
gain.
The
application
of
principles
includes
,
but
21
is
not
limited
to:
Counseling
and
the
use
of
psychological
22
remedial
measures
with
persons,
in
groups
or
individually,
23
with
adjustment
or
emotional
problems
in
the
areas
of
work,
24
family,
school
,
and
personal
relationships;
measuring
and
25
testing
personality,
intelligence,
aptitudes,
public
opinion,
26
attitudes,
and
skills;
and
the
teaching
of
such
subject
matter,
27
and
the
conducting
of
research
on
the
problems
relating
to
28
human
behavior.
29
5.
“Prescribing
psychologist”
means
a
licensed
psychologist
30
who
holds
a
valid
prescription
certificate.
31
6.
“Prescription
certificate”
means
a
document
issued
by
the
32
board
to
a
licensed
psychologist
that
permits
the
holder
to
33
prescribe
psychotropic
medication
pursuant
to
this
chapter.
34
7.
“Psychotropic
medication”
means
a
controlled
substance
35
-3-
LSB
1910SC
(2)
86
rh/nh
3/
11
S.F.
_____
or
dangerous
drug
that
may
not
be
dispensed
or
administered
1
without
a
prescription
and
whose
primary
indication
for
use
2
has
been
approved
by
the
federal
food
and
drug
administration
3
for
the
treatment
of
mental
disorders
and
is
listed
as
a
4
psychotherapeutic
agent
in
drug
facts
and
comparisons
or
in
the
5
American
hospital
formulary
service.
6
Sec.
6.
NEW
SECTION
.
154B.9
Drugs
——
medicines.
7
1.
Except
as
provided
in
subsections
2
and
3,
a
psychologist
8
shall
not
administer
or
prescribe
drugs
or
medicine.
9
2.
A
licensed
psychologist
holding
a
conditional
10
prescription
certificate
may
prescribe
psychotropic
medication
11
under
the
supervision
of
a
licensed
physician
pursuant
to
this
12
chapter.
13
3.
A
prescribing
psychologist
may
prescribe
psychotropic
14
medication
pursuant
to
this
chapter.
15
Sec.
7.
NEW
SECTION
.
154B.10
Conditional
prescription
16
certificate.
17
1.
An
applicant
for
a
conditional
prescription
certificate
18
shall
be
granted
a
certificate
by
the
board
if
the
applicant
19
satisfies
all
of
the
following
requirements:
20
a.
Holds
a
current
license
to
practice
psychology
in
this
21
state.
22
b.
Completed
pharmacological
training
from
an
institution
23
approved
by
the
board
or
from
a
provider
of
continuing
24
education
approved
by
the
board.
25
c.
Passed
a
national
certification
examination
approved
by
26
the
board
that
tested
the
applicant’s
knowledge
of
pharmacology
27
in
the
diagnosis,
care,
and
treatment
of
mental
disorders.
28
d.
Within
five
years
immediately
preceding
the
date
of
29
application,
successfully
completed
an
organized
program
of
30
education
consisting
of
intensive
didactic
instruction
of
no
31
fewer
than
four
hundred
fifty
classroom
hours
in
at
least
the
32
following
core
areas
of
instruction:
33
(1)
Neuroscience.
34
(2)
Pharmacology.
35
-4-
LSB
1910SC
(2)
86
rh/nh
4/
11
S.F.
_____
(3)
Psychopharmacology.
1
(4)
Physiology.
2
(5)
Appropriate
and
relevant
physical
and
laboratory
3
assessment.
4
e.
Within
five
years
immediately
preceding
the
date
of
5
application,
has
been
certified
by
the
applicant’s
supervising
6
psychiatrist
or
physician
as
having
successfully
completed
7
a
supervised
and
relevant
clinical
experience
of
no
less
8
than
an
eighty-hour
practicum
in
clinical
assessment
and
9
pathophysiology
and
an
additional
supervised
practicum
of
at
10
least
four
hundred
hours
treating
no
fewer
than
one
hundred
11
patients
with
mental
disorders.
The
practica
shall
have
been
12
supervised
by
a
psychiatrist
or
other
appropriately
trained
13
physician.
The
board
shall
determine
whether
the
practica
is
14
sufficient
to
competently
train
the
applicant
in
the
treatment
15
of
a
diverse
patient
population.
16
f.
Possesses
malpractice
insurance
in
place
that
will
cover
17
the
applicant
during
the
period
the
conditional
prescription
18
certificate
is
in
effect.
19
g.
Meets
all
other
requirements,
as
determined
by
rules
20
adopted
by
the
board,
for
obtaining
a
conditional
prescription
21
certificate.
22
2.
A
conditional
prescription
certificate
is
valid
for
two
23
years,
at
the
end
of
which
the
holder
may
apply
again
pursuant
24
to
the
provisions
of
subsection
1.
25
3.
A
psychologist
with
a
conditional
prescription
26
certificate
may
prescribe
psychotropic
medication
under
the
27
supervision
of
a
licensed
physician
subject
to
all
of
the
28
following
conditions:
29
a.
The
psychologist
shall
continue
to
hold
a
current
license
30
to
practice
psychology
in
this
state
and
continue
to
maintain
31
malpractice
insurance.
32
b.
The
psychologist
shall
inform
the
board
of
the
name
of
33
the
physician
under
whose
supervision
the
psychologist
will
34
prescribe
psychotropic
medication
and
promptly
inform
the
board
35
-5-
LSB
1910SC
(2)
86
rh/nh
5/
11
S.F.
_____
of
any
change
of
the
supervising
physician.
1
c.
A
physician
supervising
a
psychologist
prescribing
2
psychotropic
medication
pursuant
to
a
conditional
prescription
3
certificate
shall
be
subject
to
disciplinary
action
pursuant
to
4
section
148.13A
for
the
acts
and
omissions
of
the
psychologist
5
while
under
the
physician’s
supervision.
This
provision
6
does
not
relieve
the
psychologist
from
liability
for
the
7
psychologist’s
acts
and
omissions.
8
Sec.
8.
NEW
SECTION
.
154B.11
Prescription
certificate.
9
1.
An
applicant
for
a
prescription
certificate
shall
be
10
granted
a
certificate
by
the
board
if
the
applicant
satisfies
11
all
of
the
following
requirements:
12
a.
Possesses
a
conditional
prescription
certificate
and
has
13
successfully
completed
one
year
of
prescribing
psychotropic
14
medication
as
certified
by
the
supervising
licensed
physician.
15
b.
Holds
a
current
license
to
practice
psychology
in
this
16
state.
17
c.
Possesses
malpractice
insurance
that
will
cover
the
18
applicant
as
a
prescribing
psychologist.
19
d.
Meets
all
other
requirements,
as
determined
by
rules
20
adopted
by
the
board,
for
obtaining
a
prescription
certificate.
21
2.
A
psychologist
with
a
prescription
certificate
may
22
prescribe
psychotropic
medication
pursuant
to
the
provisions
of
23
this
chapter
subject
to
the
following
conditions:
24
a.
The
psychologist
continues
to
hold
a
current
license
to
25
practice
psychology
in
this
state
and
maintains
malpractice
26
insurance.
27
b.
The
psychologist
annually
satisfies
the
continuing
28
education
requirements
for
prescribing
psychologists,
as
29
determined
by
the
board,
which
shall
be
no
fewer
than
twenty
30
hours
each
year.
31
Sec.
9.
NEW
SECTION
.
154B.12
Prescribing
practices.
32
1.
A
prescribing
psychologist
or
a
psychologist
with
33
a
conditional
prescription
certificate
may
administer
and
34
prescribe
psychotropic
medication
within
the
scope
of
the
35
-6-
LSB
1910SC
(2)
86
rh/nh
6/
11
S.F.
_____
psychologist’s
profession,
including
the
ordering
and
review
of
1
laboratory
tests
in
conjunction
with
the
prescription,
for
the
2
treatment
of
mental
disorders.
3
2.
When
prescribing
psychotropic
medication
for
a
4
patient,
the
prescribing
psychologist
or
the
psychologist
5
with
a
conditional
prescription
certificate
shall
maintain
6
an
ongoing
collaborative
relationship
with
the
licensed
7
physician
who
oversees
the
patient’s
general
medical
care
to
8
ensure
that
necessary
medical
examinations
are
conducted,
9
the
psychotropic
medication
is
appropriate
for
the
patient’s
10
medical
condition,
and
significant
changes
in
the
patient’s
11
medical
or
psychological
condition
are
discussed.
12
3.
A
prescription
written
by
a
prescribing
psychologist
or
a
13
psychologist
with
a
conditional
prescription
certificate
shall
14
meet
all
of
the
following
requirements:
15
a.
Comply
with
applicable
state
and
federal
laws.
16
b.
Be
identified
as
issued
by
the
psychologist
as
17
“psychologist
certified
to
prescribe”.
18
c.
Include
the
psychologist’s
board-assigned
identification
19
number.
20
4.
A
prescribing
psychologist
or
a
psychologist
with
21
a
conditional
prescription
certificate
shall
not
delegate
22
prescriptive
authority
to
any
other
person.
Records
of
all
23
prescriptions
shall
be
maintained
in
patient
records.
24
5.
When
authorized
to
prescribe
controlled
substances,
a
25
prescribing
psychologist
or
a
psychologist
with
a
conditional
26
prescription
certificate
shall
file
with
the
board
in
a
27
timely
manner
all
individual
federal
drug
enforcement
agency
28
registration
and
numbers.
The
board
shall
maintain
current
29
records
on
every
psychologist,
including
federal
registration
30
and
numbers.
31
Sec.
10.
NEW
SECTION
.
154B.13
Board
duties
regarding
32
prescription
certificates
and
conditional
prescription
33
certificates.
34
1.
The
board
shall
adopt
rules
providing
for
the
35
-7-
LSB
1910SC
(2)
86
rh/nh
7/
11
S.F.
_____
procedures
to
obtain
a
conditional
prescription
certificate,
1
a
prescription
certificate,
and
renewals
of
a
prescription
2
certificate.
The
board
may
set
reasonable
application
and
3
renewal
fees.
4
2.
The
board
shall
adopt
rules
establishing
the
grounds
for
5
denial,
suspension,
or
revocation
of
conditional
prescription
6
certificates
and
prescription
certificates,
including
a
7
provision
for
suspension
or
revocation
of
a
license
to
practice
8
psychology
upon
suspension
or
revocation
of
a
certificate.
9
3.
The
board
shall
provide
to
the
board
of
pharmacy
an
10
annual
list
of
prescribing
psychologists
and
psychologists
11
with
conditional
prescription
certificates
that
contains
12
the
information
agreed
upon
between
the
board
and
the
board
13
of
pharmacy.
The
board
shall
promptly
notify
the
board
of
14
pharmacy
of
psychologists
who
are
added
to
or
removed
from
the
15
list.
16
4.
The
board
shall
adopt
other
rules
as
necessary
to
17
administer
this
chapter.
18
Sec.
11.
Section
155A.3,
subsection
35,
Code
2015,
is
19
amended
to
read
as
follows:
20
35.
“Practitioner”
means
a
physician,
dentist,
podiatric
21
physician,
prescribing
psychologist,
veterinarian,
or
other
22
person
licensed
or
registered
to
distribute
or
dispense
a
23
prescription
drug
or
device
in
the
course
of
professional
24
practice
in
this
state
or
a
person
licensed
by
another
state
25
in
a
health
field
in
which,
under
Iowa
law,
licensees
in
this
26
state
may
legally
prescribe
drugs.
27
Sec.
12.
Section
155A.23,
subsection
1,
paragraph
c,
Code
28
2015,
is
amended
to
read
as
follows:
29
c.
For
the
purpose
of
obtaining
a
prescription
drug
or
30
device,
falsely
assuming
the
title
of
or
claiming
to
be
31
a
manufacturer,
wholesaler,
pharmacist,
pharmacy
owner,
32
physician,
dentist,
podiatric
physician,
prescribing
33
psychologist,
veterinarian,
or
other
authorized
person.
34
Sec.
13.
Section
155A.24,
subsection
14,
Code
2015,
is
35
-8-
LSB
1910SC
(2)
86
rh/nh
8/
11
S.F.
_____
amended
to
read
as
follows:
1
14.
This
section
does
not
prevent
a
licensed
practitioner
of
2
medicine,
dentistry,
podiatry,
nursing,
psychology,
veterinary
3
medicine,
optometry,
or
pharmacy
from
acts
necessary
in
the
4
ethical
and
legal
performance
of
the
practitioner’s
profession.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
grants
prescription
authority
to
certain
licensed
9
psychologists
under
Code
chapter
154B.
10
The
bill
adds
definitions
of
“board”,
“collaborative
11
relationship”,
“conditional
prescription
certificate”,
12
“prescribing
psychologist”,
“prescription
certificate”,
and
13
“psychotropic
medication”
to
the
Code
chapter.
14
The
bill
allows
a
licensed
psychologist
holding
a
15
conditional
prescription
certificate
and
a
prescribing
16
psychologist,
defined
as
a
licensed
psychologist
who
holds
17
a
valid
prescription
certificate,
to
prescribe
psychotropic
18
medication.
However,
the
psychologist
holding
a
conditional
19
prescription
certificate
may
only
prescribe
psychotropic
20
medication
under
the
supervision
of
a
licensed
physician.
21
The
bill
sets
the
requirements
for
a
psychologist
to
obtain
22
a
conditional
prescription
certificate
or
a
prescription
23
certificate.
A
conditional
prescription
certificate
is
24
valid
for
two
years
and
a
psychologist
may
reapply
for
the
25
certificate.
To
receive
a
prescription
certificate,
a
26
psychologist
must
complete
one
year
of
prescribing
psychotropic
27
medication
as
supervised
by
a
licensed
physician.
The
licensed
28
physician
may
be
subject
to
disciplinary
action
for
the
29
acts
and
omissions
of
the
psychologist
under
the
physician’s
30
supervision.
A
psychologist
must
maintain
licensure
as
31
a
psychologist
and
malpractice
insurance
to
retain
the
32
prescription
certificate
or
the
conditional
prescription
33
certificate.
34
The
bill
provides
that
a
prescribing
psychologist
or
35
-9-
LSB
1910SC
(2)
86
rh/nh
9/
11
S.F.
_____
psychologist
with
a
conditional
prescription
certificate
may
1
administer
and
prescribe
psychotropic
medication
within
the
2
scope
of
the
person’s
profession.
The
prescribing
psychologist
3
or
psychologist
with
a
conditional
prescription
certificate
4
must
maintain
a
relationship
with
the
patient’s
licensed
5
physician
when
prescribing
psychotropic
medication
for
the
6
patient.
7
The
bill
states
that
a
prescription
written
by
a
8
prescribing
psychologist
or
a
psychologist
with
a
conditional
9
prescription
certificate
must
comply
with
state
and
federal
10
law,
be
identified
as
issued
by
a
“psychologist
certified
to
11
prescribe”,
and
include
the
psychologist’s
board-assigned
12
identification
number.
A
prescribing
psychologist
or
13
psychologist
with
a
conditional
prescription
certificate
14
may
not
delegate
the
prescriptive
authority
to
any
other
15
person,
and
records
of
the
prescriptions
must
be
maintained
16
in
the
patient’s
records.
The
prescribing
psychologist
or
17
psychologist
with
a
conditional
prescription
certificate
must
18
also
file
federal
drug
enforcement
agency
registrations
and
19
numbers
with
the
board.
20
The
bill
instructs
the
board
of
psychology
to
adopt
rules
21
providing
for
the
procedures
for
obtaining
a
conditional
22
prescription
certificate,
a
prescription
certificate,
and
23
renewal
of
the
prescription
certificate.
The
board
may
24
also
set
a
reasonable
application
and
renewal
fee.
The
25
board
must
adopt
rules
regarding
the
denial,
suspension,
26
or
revocation
of
conditional
prescription
certificates
and
27
prescription
certificates.
The
board
must
provide
the
board
of
28
pharmacy
with
an
annual
list
of
prescribing
psychologists
and
29
psychologists
with
conditional
prescription
certificates
and
30
promptly
notify
the
board
of
pharmacy
of
psychologists
who
are
31
added
to
or
removed
from
the
list.
32
A
prescribing
psychologist
may
be
subject
to
criminal
and
33
civil
penalties
and
licensing
sanctions
under
Code
chapters
34
124,
147,
154B,
and
155A.
35
-10-
LSB
1910SC
(2)
86
rh/nh
10/
11
