Bill Text: NY S00066 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Allows a licensed psychologist to apply to the department of education for conditional prescribing certification if the psychologist meets certain requirements; allows the department of education to waive certain requirements for an applying psychologist; provides that a conditional prescribing certification shall be valid for a period of two years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S00066 Detail]

Download: New_York-2023-S00066-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           66

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law,  in  relation  to  granting  licensed
          psychologists prescriptive authority

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 7601-a of the education law, as  added  by  chapter
     2  676 of the laws of 2002, is amended to read as follows:
     3    § 7601-a. Definition of the practice of psychology. 1. The practice of
     4  psychology  is the observation, description, evaluation, interpretation,
     5  and modification of behavior for the purpose of preventing or  eliminat-
     6  ing  symptomatic, maladaptive or undesired behavior; enhancing interper-
     7  sonal relationships, personal, group or organizational effectiveness and
     8  work and/or life adjustment;  and  improving  behavioral  health  and/or
     9  mental  health.  The practice includes, but is not limited to psycholog-
    10  ical (including neuropsychological) testing and counseling;  psychoanal-
    11  ysis;  psychotherapy;  the  diagnosis  and treatment of mental, nervous,
    12  emotional, cognitive or behavioral disorders, disabilities, ailments  or
    13  illnesses,  alcoholism,  substance abuse, disorders of habit or conduct,
    14  the psychological aspects of physical illness, accident, injury or disa-
    15  bility, psychological aspects of  learning  (including  learning  disor-
    16  ders);  [and]  the  use  of  accepted  classification  systems;  and the
    17  prescription of appropriate drugs in accordance with section seventy-six
    18  hundred one-b of this article.  The prescription of drugs by a  psychol-
    19  ogist  is  authorized  only in accordance with the provisions of section
    20  seventy-six hundred one-b of this article and the regulations promulgat-
    21  ed pursuant thereto.
    22    2. The term "diagnosis and treatment" means the appropriate psycholog-
    23  ical diagnosis and the ordering or providing of treatment  according  to
    24  need. Treatment includes, but is not limited to counseling, psychothera-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01461-01-3
        S. 66                               2

     1  py,  marital  or family therapy, psychoanalysis, and other psychological
     2  interventions, including verbal, behavioral, or other appropriate  means
     3  as  defined  in  regulations  promulgated  by  the commissioner; and for
     4  psychologists certified pursuant to section seventy-six hundred one-b of
     5  this article, the prescription of drugs.
     6    §  2.  The  education law is amended by adding a new section 7601-b to
     7  read as follows:
     8    § 7601-b. Certification to use therapeutic drugs.  1. Definitions.  As
     9  used in this section, the following terms shall have the following mean-
    10  ings:
    11    a. "Board" means the state board for psychology.
    12    b.  "Controlled  substance"  means  any  drug  substance  or immediate
    13  precursor enumerated in schedules  1-5  of  the  U.S.  Drug  Enforcement
    14  Administration  Controlled  Substance Act and as provided for in article
    15  thirty-three of the public health law.
    16    c. "Psychologists authorized  to  prescribe"  means  any  psychologist
    17  licensed  pursuant  to this article who has undergone specialized educa-
    18  tion and training in preparation for prescriptive practice and  who  has
    19  passed  an  examination  accepted  by the board relevant to establishing
    20  competence for prescribing, and  who  has  received  from  the  board  a
    21  certificate  granting prescriptive authority, which has not been revoked
    22  or suspended.
    23    d. "Clinical experience" means a period of supervised clinical  train-
    24  ing  and  practice  in  which  clinical  diagnoses and interventions are
    25  learned and which are conducted and supervised as part of  the  training
    26  program.
    27    e.  "Prescription"  is  an  order  for a drug, laboratory test, or any
    28  medicine, device or treatment,  including  controlled  substances,  such
    29  terms as defined in article one hundred thirty-seven of this title.
    30    f. "Prescriptive authority" means the authority to prescribe, adminis-
    31  ter,  discontinue  and/or distribute without charge, drugs or controlled
    32  substances recognized in or customarily used in the diagnosis, treatment
    33  and management of individuals with psychiatric, mental, cognitive, nerv-
    34  ous, emotional or behavioral disorders,  or  other  procedures  directly
    35  related thereto within the scope of practice of psychology in accordance
    36  with rules and regulations adopted by the board.
    37    2. Certification. a. The board shall certify licensed psychologists to
    38  exercise prescriptive authority in accordance with the applicable feder-
    39  al  laws, and the provisions of article one hundred thirty-seven of this
    40  title and article thirty-three of the public health law.
    41    b. The board shall develop and implement procedures for reviewing  the
    42  education  and  training  credentials for such certification process, in
    43  accordance with the standards of professional practice.
    44    3. Initial application  requirements  for  prescriptive  authority.  A
    45  psychologist licensed pursuant to this article who applies for prescrip-
    46  tive  authority shall demonstrate all of the following by official tran-
    47  script or other official evidence satisfactory to the board:
    48    a. The psychologist must hold a current  license  issued  pursuant  to
    49  this  article  to  provide health care services as a psychologist in the
    50  state;
    51    b. As defined by the board, and consistent with the established  poli-
    52  cies  of the American Psychological Association for educating and train-
    53  ing psychologists in preparation for prescriptive authority:
    54    (i) The psychologist must have  completed  an  organized  sequence  of
    55  study in an organized program offering intensive didactic education, and
    56  including  the following core areas of instruction: basic life sciences,
        S. 66                               3

     1  neurosciences, clinical and research pharmacology and  psychopharmacolo-
     2  gy, clinical medicine and pathophysiology, physical assessment and labo-
     3  ratory  exams,  clinical  pharmacotherapeutics,  research, professional,
     4  ethical  and  legal  issues. The didactic portion of the education shall
     5  consist of an appropriate number of didactic hours to ensure acquisition
     6  of the necessary knowledge and skills to prescribe in a safe and  effec-
     7  tive manner; and
     8    (ii)  The psychologist must have obtained relevant clinical experience
     9  sufficient to attain competency in the  psychopharmacological  treatment
    10  of a diverse patient population under the direction of qualified practi-
    11  tioners as determined by the board;
    12    c. The psychologist must pass an examination developed by a nationally
    13  recognized body (e.g., the American Psychological Association's Practice
    14  Organization's  College  of Professional Psychology) and approved by the
    15  board.
    16    4. Renewal of prescriptive authority.  a. The board shall prescribe by
    17  rule a method for the renewal of prescriptive authority at the  time  of
    18  or  in  conjunction with the renewal of licenses issued pursuant to this
    19  article.
    20    b. Each applicant for renewal of prescriptive authority shall  present
    21  satisfactory evidence to the board demonstrating the completion of twen-
    22  ty-five  contact  hours  of continuing education instruction relevant to
    23  prescriptive authority during the previous licensure renewal period.
    24    5. Prescribing practices.   a. Psychologists authorized  to  prescribe
    25  shall   be  authorized  to  prescribe,  administer,  discontinue  and/or
    26  distribute without charge, drugs or controlled substances recognized  in
    27  or  customarily used in the diagnosis, treatment and management of indi-
    28  viduals with  psychiatric,  mental,  cognitive,  nervous,  emotional  or
    29  behavioral  disorders  and  relevant  to  the practice of psychology, or
    30  other procedures directly related thereto within the scope  of  practice
    31  of  psychology  in  accordance with rules and regulations adopted by the
    32  board.
    33    b. No psychologist shall issue a prescription unless the  psychologist
    34  holds a valid certificate of prescriptive authority.
    35    c. Each prescription issued by a prescribing psychologist shall:
    36    (i)  Comply with all applicable state and federal laws and regulations
    37  relating to such prescription; and
    38    (ii) Be identified as written by the prescribing psychologist in  such
    39  manner as determined by the board in accordance with title four of arti-
    40  cle thirty-three of the public health law.
    41    d.  A record of all prescriptions shall be maintained in the patient's
    42  record.
    43    e. A psychologist shall not delegate the authority to prescribe  drugs
    44  to any other person.
    45    6. Controlled substance prescriptive authority. a.  When authorized to
    46  prescribe  controlled  substances, psychologists authorized to prescribe
    47  shall file in a timely manner their Drug Enforcement Agency registration
    48  and number with the board.
    49    b. The board shall maintain  current  records  of  every  psychologist
    50  authorized  to  prescribe,  including his or her Drug Enforcement Agency
    51  registration and number.
    52    7. Interaction with the state board of pharmacy. a.  The  board  shall
    53  transmit to the state board of pharmacy an initial list of psychologists
    54  authorized to prescribe containing the following information:
    55    (i) the name of the psychologist;
        S. 66                               4

     1    (ii)  the  psychologist's identification number assigned by the board;
     2  and
     3    (iii) the effective date of prescriptive authority.
     4    b. The board shall promptly forward to the state board of pharmacy any
     5  additions to the initial list as new certificates are issued.
     6    c.  The  board  shall  notify  the state board of pharmacy in a timely
     7  manner upon termination, suspension or reinstatement of a psychologist's
     8  prescriptive authority.
     9    8. Powers and duties of the board.  The board shall  promulgate  rules
    10  and regulations for denying, modifying, suspending or revoking the pres-
    11  criptive authority or license of a psychologist authorized to prescribe.
    12  The  board shall also have the power to require remediation of any defi-
    13  ciencies in the training or practice pattern of the medical psychologist
    14  or prescribing psychologist when, in the judgment  of  the  board,  such
    15  deficiencies  could  reasonably  be  expected  to jeopardize the health,
    16  safety or welfare of the public.
    17    § 3. This act shall take effect on the first of January next  succeed-
    18  ing  the date on which it shall have become a law.  Effective immediate-
    19  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    20  necessary  for  the implementation of this act on its effective date are
    21  authorized and directed to be made  and  completed  on  or  before  such
    22  effective date.